[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)] [Rules and Regulations] [Pages 3338-3340] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-02015] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8567] 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 notification 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. [[Page 3339]] 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 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 IV Mississippi: Aberdeen, City of, Monroe 280115 January 31, 1974, Feb. 15, 2019......... Feb. 15, 2019. County. Emerg; February 1, 1978, Reg; February 15, 2019, Susp. Amory, City of, Monroe 280116 December 19, 1973, ......do.............. Do. County. Emerg; April 17, 1978, Reg; February 15, 2019, Susp. Fulton, City of, Itawamba 280081 September 6, 1974, ......do.............. Do. County. Emerg; September 4, 1985, Reg; February 15, 2019, Susp. Itawamba County, 280290 N/A, Emerg; March ......do.............. Do. Unincorporated Areas. 12, 1996, Reg; February 15, 2019, Susp. Mantachie, Town of, 280082 May 27, 1975, ......do.............. Do. Itawamba County. Emerg; September 18, 1985, Reg; February 15, 2019, Susp. Monroe County, 280275 February 28, 1979, ......do.............. Do. Unincorporated Areas. Emerg; March 16, 1988, Reg; February 15, 2019, Susp. [[Page 3340]] Smithville, Town of, 280325 March 16, 1988, ......do.............. Do. Monroe County. Emerg; March 16, 1988, Reg; February 15, 2019, Susp. Region V Illinois: Beecher, Village of, Will 170696 December 12, 1974, ......do.............. Do. County. Emerg; October 15, 1982, Reg; February 15, 2019, Susp. Bolingbrook, Village of, 170812 June 28, 1974, ......do.............. Do. DuPage and Will Counties. Emerg; October 15, 1980, Reg; February 15, 2019, Susp. Braidwood, City of, Will 170848 March 20, 1991, ......do.............. Do. County. Emerg; December 1, 1992, Reg; February 15, 2019, Susp. Coal City, Village of, 170258 April 23, 1975, ......do.............. Do. Grundy and Will Counties. Emerg; May 25, 1978, Reg; February 15, 2019, Susp. Crest Hill, City of, Will 170699 August 5, 1974, ......do.............. Do. County. Emerg; July 16, 1979, Reg; February 15, 2019, Susp. Crete, Village of, Will 170700 May 21, 1975, ......do.............. Do. County. Emerg; March 2, 1981, Reg; February 15, 2019, Susp. Homer Glen, Village of, 171080 N/A, Emerg; ......do.............. Do. Cook and Will Counties. September 6, 2002, Reg; February 15, 2019, Susp. Joliet, City of, Kendall 170702 April 13, 1973, ......do.............. Do. and Will Counties. Emerg; February 4, 1981, Reg; February 15, 2019, Susp. Lemont, Village of, Cook, 170117 March 6, 1975, ......do.............. Do. DuPage and Will Counties. Emerg; June 30, 1976, Reg; February 15, 2019, Susp. Manhattan, Village of, 170704 June 12, 1975, ......do.............. Do. Will County. Emerg; October 15, 1982, Reg; February 15, 2019, Susp. Minooka, Village of, 171019 N/A, Emerg; March ......do.............. Do. Grundy, Kendall and Will 12, 1992, Reg; Counties. February 15, 2019, Susp. Mokena, Village of, Will 170705 June 12, 1974, ......do.............. Do. County. Emerg; August 1, 1979, Reg; February 15, 2019, Susp. New Lenox, Village of, 170706 September 19, ......do.............. Do. Will County. 1974, Emerg; May 1, 1980, Reg; February 15, 2019, Susp. Orland Park, Village of, 170140 April 15, 1974, ......do.............. Do. Cook and Will Counties. Emerg; February 4, 1981, Reg; February 15, 2019, Susp. Plainfield, Village of, 170771 May 21, 1975, ......do.............. Do. Kendall and Will Counties. Emerg; November 17, 1982, Reg; February 15, 2019, Susp. Rockdale, Village of, Will 170710 May 27, 1975, ......do.............. Do. County. Emerg; September 15, 1983, Reg; February 15, 2019, Susp. Romeoville, Village of, 170711 July 2, 1975, ......do.............. Do. Will County. Emerg; November 3, 1982, Reg; February 15, 2019, Susp. Sauk Village, Village of, 170157 April 30, 1974, ......do.............. Do. Cook and Will Counties. Emerg; May 5, 1981, Reg; February 15, 2019, Susp. Shorewood, Village of, 170712 May 15, 1974, ......do.............. Do. Will County. Emerg; November 1, 1979, Reg; February 15, 2019, Susp. Steger, Village of, Cook 170713 March 7, 1975, ......do.............. Do. and Will Counties. Emerg; February 18, 1983, Reg; February 15, 2019, Susp. Tinley Park, Village of, 170169 July 25, 1974, ......do.............. Do. Cook and Will Counties. Emerg; December 4, 1979, Reg; February 15, 2019, Susp. University Park, Village 170708 September 24, ......do.............. Do. of, Cook and Will 1974, Emerg; July Counties. 16, 1980, Reg; February 15, 2019, Susp. Wilmington, City of, Will 170715 August 7, 1974, ......do.............. Do. County. Emerg; July 16, 1981, Reg; February 15, 2019, Susp. ---------------------------------------------------------------------------------------------------------------- *-do- =Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: February 1, 2019. Katherine B. Fox, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration--FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2019-02015 Filed 2-11-19; 8:45 am] BILLING CODE 9110-12-P