Suspension of Community Eligibility
| Published date | 26 May 2021 |
| Citation | 86 FR 28290 |
| Record Number | 2021-10899 |
| Section | Rules and Regulations |
| Court | Federal Emergency Management Agency |
Federal Register, Volume 86 Issue 100 (Wednesday, May 26, 2021)
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28290-28292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10899]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8681]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur. Information identifying the current participation status of a
community can be obtained from FEMA's CSB available at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Please note that
per Revisions to Publication Requirements for Community Eligibility
Status Information Under the National Flood Insurance Program, notices
such as this one for scheduled suspension will no longer be published
in the Federal Register as of June 2021 but will be available at
National Flood Insurance Community Status and Public Notification
[verbar] FEMA.gov. Individuals without internet access will be able to
contact their local floodplain management official and/or State NFIP
[[Page 28291]]
Coordinating Office directly for assistance.
DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472, (202) 674-1087. Details
regarding updated publication requirements of community eligibility
status information under the NFIP can be found on the CSB section at
www.fema.gov.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives, new and
substantially improved construction, and development in general from
future flooding. Section 1315 of the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood
insurance unless an appropriate public body adopts adequate floodplain
management measures with effective enforcement measures. The
communities listed in this document no longer meet that statutory
requirement for compliance with NFIP regulations, 44 CFR part 59.
Accordingly, the communities will be suspended on the effective date
listed in the third column. As of that date, flood insurance will no
longer be available in the community. FEMA recognizes communities may
adopt and submit the required documentation after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. Their current NFIP participation status can be
verified at anytime on the CSB section at fema.gov.
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the published FIRM is indicated in the fourth column of the
table. No direct federal financial assistance (except assistance
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act not in connection with a flood) may be provided for
construction or acquisition of buildings in identified SFHAs for
communities not participating in the NFIP and identified for more than
a year on FEMA's initial FIRM for the community as having flood-prone
areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This prohibition against certain types of
federal assistance becomes effective for the communities listed on the
date shown in the last column. The Administrator finds that notice and
public comment procedures under 5 U.S.C. 553(b), are impracticable and
unnecessary because communities listed in this final rule have been
adequately notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
0
1. The authority citation for Part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
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Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
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Region 5
Michigan:
Arcadia, Township of, 260306 September 24, June 2, 2021.......... June 2, 2021.
Manistee County. 1974, Emerg;
September 1,
1986, Reg; June
2, 2021, Susp.
Manistee, City of, 260131 December 2, 1974, ......do *............
Manistee County. Emerg; March 18,
1987, Reg; June
2, 2021, Susp.
Manistee, Township of, 260132 August 19, 1974, ......do..............
Manistee County. Emerg; November
15, 1989, Reg;
June 2, 2021,
Susp.
[[Page 28292]]
Stronach, Township of, 260801 April 13, 1987, ......do..............
Manistee County. Emerg; September
30, 1988, Reg;
June 2, 2021,
Susp.
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* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Eric J. Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2021-10899 Filed 5-25-21; 8:45 am]
BILLING CODE 9110-12-P
