[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Rules and Regulations]
[Pages 9966-9968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05065]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8571]
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 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.
[[Page 9967]]
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
Alabama:
Adamsville, City of, 010267 February 23, 1976, March 21, 2019........ March 21, 2019.
Jefferson County. Emerg; October
10, 1980, Reg;
March 21, 2019,
Susp.
Albertville, City of, 010366 October 13, 1976, ......do *............ Do.
Marshall County. Emerg; September
4, 1985, Reg;
March 21, 2019,
Susp.
Altoona, Town of, Blount 010078 July 15, 1975, ......do.............. Do.
and Etowah Counties. Emerg; March 14,
1980, Reg; March
21, 2019, Susp.
Birmingham, City of, 010116 March 30, 1973, ......do.............. Do.
Jefferson and Shelby Emerg; March 16,
Counties. 1981, Reg; March
21, 2019, Susp.
Blount County, 010230 July 22, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; June 17,
1991, Reg; March
21, 2019, Susp.
Blountsville, Town of, 010371 December 3, 2008, ......do.............. Do.
Blount County. Emerg; August 3,
2009, Reg; March
21, 2019, Susp.
Boaz, City of, Etowah and 010276 July 15, 1975, ......do.............. Do.
Marshall Counties. Emerg; September
4, 1985, Reg;
March 21, 2019,
Susp.
Brookside, Town of, 010118 May 29, 1975, ......do.............. Do.
Jefferson County. Emerg; February
18, 1981, Reg;
March 21, 2019,
Susp.
Cardiff, Town of, 010119 N/A, Emerg; May ......do.............. Do.
Jefferson County. 23, 2003, Reg;
March 21, 2019,
Susp.
Center Point, City of, 010445 N/A, Emerg; June ......do.............. Do.
Jefferson County. 5, 2003, Reg;
March 21, 2019,
Susp.
Clay, City of, Jefferson 010446 N/A, Emerg; August ......do.............. Do.
County. 18, 2003, Reg;
March 21, 2019,
Susp.
Cleveland, Town of, Blount 010228 N/A, Emerg; ......do.............. Do.
County. September 9,
2010, Reg; March
21, 2019, Susp.
Etowah County, 010077 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. February 27,
1990, Reg; March
21, 2019, Susp.
Fultondale, City of, 010121 June 25, 1975, ......do.............. Do.
Jefferson County. Emerg; May 5,
1981, Reg; March
21, 2019, Susp.
Gardendale, City of, 010269 February 3, 1976, ......do.............. Do.
Jefferson County. Emerg; November
21, 1980, Reg;
March 21, 2019,
Susp.
Graysville, City of, 010266 February 24, 1975, ......do.............. Do.
Jefferson County. Emerg; November
21, 1980, Reg;
March 21, 2019,
Susp.
Highland Lake, Town of, 010019 N/A, Emerg; ......do.............. Do.
Blount County. February 17,
2010, Reg; March
21, 2019, Susp.
Jefferson County, 010217 May 1, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; February
17, 1982, Reg;
March 21, 2019,
Susp.
Kimberly, City of, 010265 January 16, 1976, ......do.............. Do.
Jefferson County. Emerg; June 18,
1981, Reg; March
21, 2019, Susp.
Morris, Town of, Jefferson 010264 March 11, 1980, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; March
21, 2019, Susp.
Mountain Brook, City of, 010128 July 2, 1975, ......do.............. Do.
Jefferson County. Emerg; January 2,
1981, Reg; March
21, 2019, Susp.
Mulga, Town of, Jefferson 010129 October 3, 1975, ......do.............. Do.
County. Emerg; September
19, 1980, Reg;
March 21, 2019,
Susp.
Pinson, City of, Jefferson 010447 N/A, Emerg; ......do.............. Do.
County. November 10,
2004, Reg; March
21, 2019, Susp.
Pleasant Grove, City of, 010268 January 6, 1976, ......do.............. Do.
Jefferson County. Emerg; December
19, 1980, Reg;
March 21, 2019,
Susp.
Rosa, Town of, Blount 010044 N/A, Emerg; March ......do.............. Do.
County. 8, 2013, Reg;
March 21, 2019,
Susp.
Sardis City, Town of, 010361 April 7, 1978, ......do.............. Do.
Etowah County. Emerg; January 1,
1987, Reg; March
21, 2019, Susp.
Snead, Town of, Blount 010227 May 8, 2008, ......do.............. Do.
County. Emerg; August 3,
2009, Reg; March
21, 2019, Susp.
Susan Moore, Town of, 010122 July 10, 2009, ......do.............. Do.
Blount County. Emerg; August 3,
2009, Reg; March
21, 2019, Susp.
Sylvan Springs, Town of, 010420 N/A, Emerg; April ......do.............. Do.
Jefferson County. 2, 2013, Reg;
March 21, 2019,
Susp.
Trussville, City of, 010133 June 26, 1975, ......do.............. Do.
Jefferson and Saint Clair Emerg; November
Counties. 18, 1981, Reg;
March 21, 2019,
Susp.
[[Page 9968]]
Walnut Grove, Town of, 010252 June 25, 1975, ......do.............. Do.
Etowah County. Emerg; March 16,
1981, Reg; March
21, 2019, Susp.
Warrior, City of, 010263 May 12, 1975, ......do.............. Do.
Jefferson County. Emerg; January 2,
1981, Reg; March
21, 2019, Susp.
West Jefferson, Town of, 010402 N/A, Emerg; July ......do.............. Do.
Jefferson County. 18, 2016, Reg;
March 21, 2019,
Susp.
Region VI
Arkansas:
Atkins, City of, Pope 050304 August 7, 1975, ......do.............. Do.
County. Emerg; July 6,
1982, Reg; March
21, 2019, Susp.
Conway, City of, Faulkner 050078 October 29, 1974, ......do.............. Do.
County. Emerg; March 18,
1980, Reg; March
21, 2019, Susp.
Faulkner County, 050431 September 24, ......do.............. Do.
Unincorporated Areas. 1990, Emerg;
September 27,
1991, Reg; March
21, 2019, Susp.
Lonoke County, 050448 N/A, Emerg; March ......do.............. Do.
Unincorporated Areas. 14, 1994, Reg;
March 21, 2019,
Susp.
Menifee, Town of, Conway 050266 N/A, Emerg; ......do.............. Do.
County. February 28,
2012, Reg; March
21, 2019, Susp.
Morrilton, City of, Conway 050044 June 6, 1975, ......do.............. Do.
County. Emerg; March 15,
1982, Reg; March
21, 2019, Susp.
Oppelo, City of, Conway 050597 July 26, 1993, ......do.............. Do.
County. Emerg; July 4,
2011, Reg; March
21, 2019, Susp.
Plumerville, City of, 050364 September 15, ......do.............. Do.
Conway County. 1983, Emerg;
January 17, 1986,
Reg; March 21,
2019, Susp.
Ward, City of, Lonoke 050372 September 8, 1975, ......do.............. Do.
County. Emerg; September
5, 1978, Reg;
March 21, 2019,
Susp.
Wooster, City of, Faulkner 050302 February 11, 1976, ......do.............. Do.
County. Emerg; September
27, 1991, Reg;
March 21, 2019,
Susp.
Texas:
Burleson, City of, Johnson 485459 December 17, 1971, ......do.............. Do.
and Tarrant Counties. Emerg; November
2, 1973, Reg;
March 21, 2019,
Susp.
Dallas County, 480165 September 4, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; July 19,
1982, Reg; March
21, 2019, Susp.
Edgecliff Village, Town 480592 June 5, 1975, ......do.............. Do.
of, Tarrant County. Emerg; August 19,
1986, Reg; March
21, 2019, Susp.
Southlake, City of, Denton 480612 September 30, ......do.............. Do.
and Tarrant Counties. 1974, Emerg; July
5, 1982, Reg;
March 21, 2019,
Susp.
White Settlement, City of, 480617 May 13, 1975, ......do.............. Do.
Tarrant County. Emerg; July 17,
1986, Reg; March
21, 2019, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: March 11, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-05065 Filed 3-18-19; 8:45 am]
BILLING CODE 9110-12-P