[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38563-38566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16806]


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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-8591]


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: Effective 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

[[Page 38564]]

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 IV
 
Georgia:
    Burke County,                     130022  January 13, 1976,   Aug. 15, 2019.........  Aug. 15, 2019.
     Unincorporated Areas.                     Emerg; September
                                               15, 1989, Reg;
                                               August 15, 2019,
                                               Susp.
    DeKalb County,                    130065  June 5, 1970,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 15,
                                               1980, Reg; August
                                               15, 2019, Susp.
    Doraville, City of, DeKalb        130069  November 27, 1973,  ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1977, Reg;
                                               August 15, 2019,
                                               Susp.
 
           Region V
 
Michigan:
    Adrian, Charter Township          260732  October 20, 1982,   ......do..............   Do.
     of, Lenawee County.                       Emerg; November
                                               16, 1990, Reg;
                                               August 15, 2019,
                                               Susp.
    Adrian, City of, Lenawee          260115  April 1, 1975,      ......do..............   Do.
     County.                                   Emerg; July 19,
                                               1982, Reg; August
                                               15, 2019, Susp.
    Blissfield, Village of,           260339  December 10, 1976,  ......do..............   Do.
     Lenawee County.                           Emerg; July 19,
                                               1982, Reg; August
                                               15, 2019, Susp.
    Deerfield, Township of,           260717  December 21, 1978,  ......do..............   Do.
     Lenawee County.                           Emerg; May 25,
                                               1984, Reg; August
                                               15, 2019, Susp.
    Deerfield, Village of,            260438  September 20,       ......do..............   Do.
     Lenawee County.                           1976, Emerg;
                                               April 1, 1981,
                                               Reg; August 15,
                                               2019, Susp.
    Hudson, City of, Lenawee          260116  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               4, 1981, Reg;
                                               August 15, 2019,
                                               Susp.
    Palmyra, Township of,             260737  June 10, 1983,      ......do..............   Do.
     Lenawee County.                           Emerg; May 25,
                                               1984, Reg; August
                                               15, 2019, Susp.
Minnesota:
    Fillmore County,                  270124  April 16, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               18, 1987, Reg;
                                               August 15, 2019,
                                               Susp.
    Preston, City of, Fillmore        270129  January 10, 1975,   ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1979, Reg; August
                                               15, 2019, Susp.
    Whalan, City of, Fillmore         270133  August 23, 1974,    ......do..............   Do.
     County.                                   Emerg; March 2,
                                               1981, Reg; August
                                               15, 2019, Susp.
Ohio:
    Bay Village, City of,             390093  June 14, 1974,      ......do..............   Do.
     Cuyahoga County.                          Emerg; December
                                               1, 1977, Reg;
                                               August 15, 2019,
                                               Susp.

[[Page 38565]]

 
    Bratenahl, Village of,            390734  June 9, 1975,       ......do..............   Do.
     Cuyahoga County.                          Emerg; June 15,
                                               1981, Reg; August
                                               15, 2019, Susp.
    Cleveland, City of,               390104  July 20, 1973,      ......do..............   Do.
     Cuyahoga County.                          Emerg; August 1,
                                               1978, Reg; August
                                               15, 2019, Susp.
    Euclid, City of, Cuyahoga         390107  July 3, 1975,       ......do..............   Do.
     County.                                   Emerg; August 17,
                                               1981, Reg; August
                                               15, 2019, Susp.
    Lakewood, City of,                390112  March 30, 1973,     ......do..............   Do.
     Cuyahoga County.                          Emerg; February
                                               1, 1978, Reg;
                                               August 15, 2019,
                                               Susp.
    Rocky River, City of,             395372  January 29, 1971,   ......do..............   Do.
     Cuyahoga County.                          Emerg; September
                                               17, 1971, Reg;
                                               August 15, 2019,
                                               Susp.
 
           Region VI
 
Texas:
    Clear Lake Shores, City           485461  July 31, 1970,      ......do..............   Do.
     of, Galveston County.                     Emerg; October
                                               23, 1970, Reg;
                                               August 15, 2019,
                                               Susp.
    Dickinson, City of,               481569  April 8, 1971,      ......do..............   Do.
     Galveston County.                         Emerg; April 9,
                                               1971, Reg; August
                                               15, 2019, Susp.
    Friendswood, City of,             485468  June 5, 1970,       ......do..............   Do.
     Galveston and Harris                      Emerg; March 3,
     Counties.                                 1972, Reg; August
                                               15, 2019, Susp.
    Hitchcock, City of,               485479  June 19, 1970,      ......do..............   Do.
     Galveston County.                         Emerg; November
                                               13, 1970, Reg;
                                               August 15, 2019,
                                               Susp.
    La Marque, City of,               485486  May 29, 1970,       ......do..............   Do.
     Galveston County.                         Emerg; October
                                               16, 1970, Reg;
                                               August 15, 2019,
                                               Susp.
    League City, City of,             485488  June 5, 1970,       ......do..............   Do.
     Galveston and Harris                      Emerg; November
     Counties.                                 20, 1970, Reg;
                                               August 15, 2019,
                                               Susp.
    Santa Fe, City of,                481562  April 8, 1971,      ......do..............   Do.
     Galveston County.                         Emerg; April 9,
                                               1971, Reg; August
                                               15, 2019, Susp.
    Texas City, City of,              485514  June 5, 1970,       ......do..............   Do.
     Galveston County.                         Emerg; November
                                               20, 1970, Reg;
                                               August 15, 2019,
                                               Susp.
 
          Region VIII
 
Colorado:
    Aspen, City of, Pitkin            080143  July 2, 1974,       ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg;
                                               August 15, 2019,
                                               Susp.
    Boone, Town of, Pueblo            080148  April 28, 1983,     ......do..............   Do.
     County.                                   Emerg; July 15,
                                               1985, Reg; August
                                               15, 2019, Susp.
    Lafayette, City of,               080026  August 7, 1975,     ......do..............   Do.
     Boulder County.                           Emerg; March 18,
                                               1980, Reg; August
                                               15, 2019, Susp.
    Louisville, City of,              085076  March 3, 1972,      ......do..............   Do.
     Boulder County.                           Emerg; May 4,
                                               1973, Reg; August
                                               15, 2019, Susp.
    Pueblo, City of, Pueblo           085077  June 18, 1971,      ......do..............   Do.
     County.                                   Emerg; August 24,
                                               1973, Reg; August
                                               15, 2019, Susp.
    Pueblo County,                    080147  June 21, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1989, Reg;
                                               August 15, 2019,
                                               Susp.
    Rye, Town of, Pueblo              080150  May 12, 2010,       ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               August 15, 2019,
                                               Susp.
    Superior, Town of, Boulder        080203  July 15, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               August 15, 2019,
                                               Susp.
Montana:
    Fairview, Town of,                300064  February 3, 1977,   ......do..............   Do.
     Richland County.                          Emerg; May 15,
                                               1986, Reg; August
                                               15, 2019, Susp.
    Sidney, City of, Richland         300065  December 17, 1974,  ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg;
                                               August 15, 2019,
                                               Susp.
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* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 38566]]

    Dated: July 31, 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. 2019-16806 Filed 8-6-19; 8:45 am]
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