[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Rules and Regulations]
[Pages 22049-22051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10190]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8579]
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 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
[[Page 22050]]
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:
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Effective date
authorization/
Community cancellation of Current effective map Date certain federal
State and location No. sale of flood date assist- ance no longer
insurance in available in SFHAs
community
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Region V
Illinois:
Beardstown, City of, Cass 170022 May 9, 1975, May 16, 2019.......... May 16, 2019.
County. Emerg; May 2,
1980, Reg; May
16, 2019, Susp.
Cass County, Unincorporated 170810 June 10, 1974, ......do.............. Do.
Areas. Emerg; November
15, 1985, Reg;
May 16, 2019,
Susp.
Michigan:
Bay, Township of, 260796 April 8, 1987, ......do.............. Do.
Charlevoix County. Emerg; September
18, 1987, Reg;
May 16, 2019,
Susp.
Charlevoix, City of, 260057 December 13, ......do.............. Do.
Charlevoix County. 1974, Emerg;
February 11,
1983, Reg; May
16, 2019, Susp.
Charlevoix, Township of, 260790 January 9, 1987, ......do.............. Do.
Charlevoix County. Emerg; September
18, 1987, Reg;
May 16, 2019,
Susp.
Eveline, Township of, 260773 September 8, ......do.............. Do.
Charlevoix County. 1986, Emerg;
September 18,
1987, Reg; May
16, 2019, Susp.
Marion, Township of, 260808 September 15, ......do.............. Do.
Charlevoix County. 1987, Emerg;
April 15, 1988,
Reg; May 16,
2019, Susp.
South Arm, Township of, 260761 May 14, 1986, ......do.............. Do.
Charlevoix County. Emerg; March 18,
1987, Reg; May
16, 2019, Susp.
Region VI
Arkansas:
Clarksville, City of, 050112 June 26, 1975, ......do.............. Do.
Johnson County. Emerg; September
30, 1982, Reg;
May 16, 2019,
Susp.
Coal Hill, City of, Johnson 050315 August 6, 1975, ......do.............. Do.
County. Emerg; May 4,
1982, Reg; May
16, 2019, Susp.
Hartman, City of, Johnson 050251 November 10, ......do.............. Do.
County. 2009, Emerg;
November 26,
2010, Reg; May
16, 2019, Susp.
[[Page 22051]]
Johnson County, 050441 June 28, 2005, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
2008, Reg; May
16, 2019, Susp.
Oklahoma:
Bethel Acres, Town of, 400346 June 16, 1989, ......do.............. Do.
Pottawatomie County. Emerg; December
1, 1989, Reg;
May 16, 2019,
Susp.
Calvin, Town of, Hughes 400269 September 7, ......do.............. Do.
County. 1976, Emerg;
March 1, 1987,
Reg; May 16,
2019, Susp.
Checotah, City of, McIntosh 400238 August 12, 1977, ......do.............. Do.
County. Emerg; June 19,
1985, Reg; May
16, 2019, Susp.
Citizen Potawatomi Nation, 400553 December 1, 2000, ......do.............. Do.
Pottawatomie County. Emerg; September
3, 2010, Reg;
May 16, 2019,
Susp.
Dustin, Town of, Hughes 400371 July 9, 1976, ......do.............. Do.
County. Emerg; June 28,
1977, Reg; May
16, 2019, Susp.
Eufaula, City of, McIntosh 400376 February 14, ......do.............. Do.
County. 1977, Emerg;
September 1,
1981, Reg; May
16, 2019, Susp.
Holdenville, City of, 400244 November 29, ......do.............. Do.
Hughes County. 1976, Emerg;
August 15, 1978,
Reg; May 16,
2019, Susp.
Hughes County, 400467 August 6, 1988, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1989, Reg;
May 16, 2019,
Susp.
Kickapoo Tribe of Oklahoma, 400563 February 26, ......do.............. Do.
Lincoln, Oklahoma and 2002, Emerg;
Pottawatomie Counties. August 19, 2010,
Reg; May 16,
2019, Susp.
Lincoln County, 400457 September 28, ......do.............. Do.
Unincorporated Areas. 1990, Emerg;
February 3,
1993, Reg; May
16, 2019, Susp.
McIntosh County, 400166 January 24, 2011, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
May 16, 2019,
Susp.
McLoud, City of, 400398 December 27, ......do.............. Do.
Pottawatomie County. 1977, Emerg;
October 16,
1987, Reg; May
16, 2019, Susp.
Oklahoma City, City of, 405378 March 19, 1971, ......do.............. Do.
Canadian, Cleveland, Emerg; July 14,
McClain, Oklahoma and 1972, Reg; May
Pottawatomie Counties. 16, 2019, Susp.
Pottawatomie County, 400496 March 26, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1988, Reg; May
16, 2019, Susp.
Shawnee, City of, 400178 April 2, 1975, ......do.............. Do.
Pottawatomie County. Emerg; July 2,
1980, Reg; May
16, 2019, Susp.
Tecumseh, City of, 400179 February 10, ......do.............. Do.
Pottawatomie County. 1975, Emerg;
July 16, 1980,
Reg; May 16,
2019, Susp.
Wetumka, City of, Hughes 400453 December 5, 1977, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
May 16, 2019,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 2, 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. 2019-10190 Filed 5-15-19; 8:45 am]
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