[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35147-35149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15838]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2018-0002: Internal Agency Docket No. FEMA-8539]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
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 and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.
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) 212-3966.
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 and new
construction 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 program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures 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. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
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 FIRM, if one has been published, 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
[[Page 35148]]
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:
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Region III
Pennsylvania: Adams, Township 421415 March 28, 1975, August 2, 2018........ August 2, 2018.
of, Butler County Emerg; April 17,
1989, Reg;
August 2, 2018,
Susp.
Allegheny, Township of, 422341 June 30, 1979, ......do*............. Do.
Butler County. Emerg; May 1,
1985, Reg;
August 2, 2018,
Susp.
Brady, Township of, Butler 422241 July 6, 1979, ......do.............. Do.
County. Emerg; June 19,
1985, Reg;
August 2, 2018,
Susp.
Bruin, Borough of, Butler 420211 March 7, 1977, ......do.............. Do.
County. Emerg; May 1,
1985, Reg;
August 2, 2018,
Susp.
Buffalo, Township of, 421416 July 7, 1975, ......do.............. Do.
Butler County. Emerg; January
18, 1984, Reg;
August 2, 2018,
Susp.
Chicora, Borough of, 420214 July 2, 1975, ......do.............. Do.
Butler County. Emerg; August 10,
1979, Reg;
August 2, 2018,
Susp.
Clay, Township of, Butler 422343 November 14, 1979, ......do.............. Do.
County. Emerg; May 1,
1985, Reg;
August 2, 2018,
Susp.
Concord, Township of, 422346 December 21, 1978, ......do.............. Do.
Butler County. Emerg; May 1,
1985, Reg;
August 2, 2018,
Susp.
Connoquenessing, Township 421418 April 7, 1975, ......do.............. Do.
of, Butler County. Emerg; September
1, 1986, Reg;
August 2, 2018,
Susp.
Cranberry, Township of, 421217 September 16, ......do.............. Do.
Butler County. 1974, Emerg;
April 1, 1982,
Reg;
August 2, 2018,
Susp.
Donegal, Township of, 422347 July 22, 1975, ......do.............. Do.
Butler County. Emerg; February
15, 1985, Reg;
August 2, 2018,
Susp.
East Butler, Borough of, 420215 March 7, 1977, ......do.............. Do.
Butler County. Emerg; March 18,
1991, Reg;
August 2, 2018,
Susp.
Fairview, Township of, 422603 February 20, 1976, ......do.............. Do.
Butler County. Emerg; September
1, 1986, Reg;
August 2, 2018,
Susp.
Harmony, Borough of, 420217 April 21, 1975, ......do.............. Do.
Butler County. Emerg; May 4,
1989, Reg;
August 2, 2018,
Susp.
Jackson, Township of, 421420 January 3, 1975, ......do.............. Do.
Butler County. Emerg; September
15, 1989, Reg;
August 2, 2018,
Susp.
Jefferson, Township of, 421421 February 25, 1977, August 2, 2018........ August 2, 2018.
Butler County. Emerg; February
15, 1985, Reg;
August 2, 2018,
Susp.
Karns City, Borough of, 420218 March 2, 1977, ......do.............. Do.
Butler County. Emerg; February
15, 1985, Reg;
August 2, 2018,
Susp.
Marion, Township of, 420219 June 18, 1980, ......do.............. Do.
Butler County. Emerg; June 8,
1984, Reg;
August 2, 2018,
Susp.
Middlesex, Township of, 421229 December 10, 1974, ......do.............. Do.
Butler County. Emerg; December
1, 1983, Reg;
August 2, 2018,
Susp.
[[Page 35149]]
Parker, Township of, 421219 July 9, 1979, ......do.............. Do.
Butler County. Emerg; September
1, 1986, Reg;
August 2, 2018,
Susp.
Petrolia, Borough of, 420221 March 3, 1977, ......do.............. Do.
Butler County. Emerg; December
5, 1989, Reg;
August 2, 2018,
Susp.
Summit, Township of, 422358 May 13, 1976, ......do.............. Do.
Butler County. Emerg; February
15, 1985, Reg;
August 2, 2018,
Susp.
Valencia, Borough of, 420223 July 11, 1975, ......do.............. Do.
Butler County. Emerg; May 4,
1989, Reg;
August 2, 2018,
Susp.
Worth, Township of, Butler 421425 August 6, 1975, ......do.............. Do.
County. Emerg; September
1, 1986, Reg;
August 2, 2018,
Susp.
Region IV
Alabama: Hillsboro, Town 010305 December 21, 1978, ......do.............. Do.
of, Lawrence County. Emerg; April 2,
1986, Reg;
August 2, 2018,
Susp.
Lauderdale County, 010323 June 14, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; February
4, 1981, Reg;
August 2, 2018,
Susp.
Lawrence County, 010324 N/A, Emerg; March ......do.............. Do.
Unincorporated Areas. 14, 1991, Reg;
August 2, 2018,
Susp.
Marshall County, 010275 N/A, Emerg; June ......do.............. Do.
Unincorporated Areas. 4, 1991, Reg;
August 2, 2018,
Susp.
Moulton, City of, Lawrence 010142 April 1, 1974, ......do.............. Do.
County. Emerg; October
16, 1979, Reg;
August 2, 2018,
Susp.
Rogersville, Town of, 010339 October 30, 2006, ......do.............. Do.
Lauderdale County. Emerg; September
11, 2009, Reg;
August 2, 2018,
Susp.
Region V
Michigan: Butman, Township 261024 July 30, 1999, August 2, 2018........ August 2, 2018.
of, Gladwin County. Emerg; N/A, Reg;
August 2, 2018,
Susp.
Hay, Township of, Gladwin 260984 January 29, 1997, ......do.............. Do.
County. Emerg; December
31, 1997, Reg;
August 2, 2018,
Susp.
Secord, Township of, 260985 January 29, 1997, ......do.............. Do.
Gladwin County. Emerg; N/A, Reg;
August 2, 2018,
Susp.
----------------------------------------------------------------------------------------------------------------
......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 12, 2018.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2018-15838 Filed 7-24-18; 8:45 am]
BILLING CODE 9110-12-P