[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Rules and Regulations]
[Pages 41915-41917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17598]


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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-8593]


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 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

[[Page 41916]]

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 II
 
New Jersey:
    Cresskill, Borough of,           340024  May 30, 1975,        Aug. 28, 2019.........  Aug. 28, 2019.
     Bergen County.                           Emerg; December 1,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Demarest, Borough of,            340025  June 24, 1975,       ......do *............   Do.
     Bergen County.                           Emerg; September
                                              30, 1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Dumont, Borough of, Bergen       340026  January 14, 1972,    ......do..............   Do.
     County.                                  Emerg; September
                                              15, 1977, Reg;
                                             August 28, 2019,
                                              Susp.
    Edgewater, Borough of,           340029  September 25, 1975,  ......do..............   Do.
     Bergen County.                           Emerg; April 1,
                                              1983, Reg;
                                             August 28, 2019,
                                              Susp.
    Elmwood Park, Borough of,        340500  May 26, 1972,        ......do..............   Do.
     Bergen County.                           Emerg; November
                                              15, 1979, Reg;
                                             August 28, 2019,
                                              Susp.
    Englewood, City of, Bergen       340031  December 29, 1972,   ......do..............   Do.
     County.                                  Emerg; February
                                              19, 1986, Reg;
                                              August 28, 2019,
                                              Susp.
    Fairview, Borough of,            340034  July 16, 1975,       ......do..............   Do.
     Bergen County.                           Emerg; August 2,
                                              1982, Reg;
                                             August 28, 2019,
                                              Susp.
    Garfield, City of, Bergen        340037  May 5, 1972, Emerg;  ......do..............   Do.
     County.                                  April 15, 1980,
                                              Reg;
                                             August 28, 2019,
                                              Susp.
    Glen Rock, Borough of,           340038  February 12, 1975,   ......do..............   Do.
     Bergen County.                           Emerg; July 2,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Hackensack, City of, Bergen      340039  October 2, 1974,     ......do..............   Do.
     County.                                  Emerg; December 1,
                                              1982, Reg;
                                             August 28, 2019,
                                              Susp.
    Harrington Park, Borough         340040  April 16, 1975,      ......do..............   Do.
     of, Bergen County.                       Emerg; April 15,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Hasbrouck Heights, Borough       340041  July 8, 1975,        ......do..............   Do.
     of, Bergen County.                       Emerg; June 30,
                                              1976, Reg;
                                             August 28, 2019,
                                              Susp.
    Leonia, Borough of, Bergen       340045  August 25, 1975,     ......do..............   Do.
     County.                                  Emerg; July 5,
                                              1982, Reg;
                                             August 28, 2019,
                                              Susp.
    Little Ferry, Borough of,        340046  July 21, 1975,       ......do..............   Do.
     Bergen County.                           Emerg; June 15,
                                              1982, Reg;
                                             August 28, 2019,
                                              Susp.
    Moonachie, Borough of,           340053  April 30, 1975,      ......do..............   Do.
     Bergen County.                           Emerg; March 18,
                                              1983, Reg;
                                             August 28, 2019,
                                              Susp.
    Mount Laurel, Township of,       340107  February 18, 1972,   ......do..............   Do.
     Burlington County.                       Emerg; March 2,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    New Jersey Meadowlands           340570  January 3, 1975,     ......do..............   Do.
     Commission, Bergen County.               Emerg; December
                                              15, 1982, Reg;
                                             August 28, 2019,
                                              Susp.
    New Milford, Borough of,         340054  February 25, 1972,   ......do..............   Do.
     Bergen County.                           Emerg; April 1,
                                              1977, Reg;
                                             August 28, 2019,
                                              Susp.
    North Arlington, Borough         340055  July 3, 1975,        ......do..............   Do.
     of, Bergen County.                       Emerg; April 3,
                                              1978, Reg;
                                             August 28, 2019,
                                              Susp.
    Norwood, Borough of, Bergen      340057  May 30, 1975,        ......do..............   Do.
     County.                                  Emerg; April 18,
                                              1983, Reg;
                                             August 28, 2019,
                                              Susp.
    Oakland, Borough of, Bergen      345309  June 30, 1970,       ......do..............   Do.
     County.                                  Emerg; June 30,
                                              1970, Reg;
                                             August 28, 2019,
                                              Susp.
    Oradell, Borough of, Bergen      340060  November 24, 1972,   ......do..............   Do.
     County.                                  Emerg; March 15,
                                              1977, Reg;
                                             August 28, 2019,
                                              Susp.

[[Page 41917]]

 
    Palisades Park, Borough of,      340061  May 22, 1975,        ......do..............   Do.
     Bergen County.                           Emerg; June 1,
                                              1982, Reg;
                                             August 28, 2019,
                                              Susp.
    Paramus, Borough of, Bergen      340062  February 11, 1972,   ......do..............   Do.
     County.                                  Emerg; June 1,
                                              1984, Reg;
                                             August 28, 2019,
                                              Susp.
    Park Ridge, Borough of,          340063  February 19, 1975,   ......do..............   Do.
     Bergen County.                           Emerg; May 5,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Ramsey, Borough of, Bergen       340064  January 21, 1974,    ......do..............   Do.
     County.                                  Emerg; September
                                              2, 1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Ridgefield, Borough of,          340065  January 14, 1972,    ......do..............   Do.
     Bergen County.                           Emerg; March 15,
                                              1977, Reg;
                                             August 28, 2019,
                                              Susp.
    Ridgewood, Village of,           340067  November 12, 1971,   ......do..............   Do.
     Bergen County.                           Emerg; December
                                              15, 1983, Reg;
                                              August 28, 2019,
                                              Susp.
    Rutherford, Borough of,          340072  July 2, 1975,        ......do..............   Do.
     Bergen County.                           Emerg; June 1,
                                              1978, Reg;
                                             August 28, 2019,
                                              Susp.
    Saddle Brook, Township of,       340074  June 10, 1974,       ......do..............   Do.
     Bergen County.                           Emerg; April 15,
                                              1982, Reg;
                                             August 28, 2019,
                                              Susp.
    South Hackensack, Township       340515  August 11, 1975,     ......do..............   Do.
     of, Bergen County.                       Emerg; March 2,
                                              1983, Reg;
                                             August 28, 2019,
                                              Susp.
    Teaneck, Township of,            340075  May 2, 1975, Emerg;  ......do..............   Do.
     Bergen County.                           October 16, 1984,
                                              Reg;
                                             August 28, 2019,
                                              Susp.
    Tenafly, Borough of, Bergen      340076  April 21, 1975,      ......do..............   Do.
     County.                                  Emerg; February
                                              17, 1982, Reg;
                                             August 28, 2019,
                                              Susp.
    Upper Saddle River, Borough      340077  April 12, 1974,      ......do..............   Do.
     of, Bergen County.                       Emerg; September
                                              15, 1977, Reg;
                                             August 28, 2019,
                                              Susp.
    Waldwick, Borough of,            340078  March 31, 1972,      ......do..............   Do.
     Bergen County.                           Emerg; March 1,
                                              1979, Reg;
                                             August 28, 2019,
                                              Susp.
    Wallington, Borough of,          340079  June 18, 1975,       ......do..............   Do.
     Bergen County.                           Emerg; June 4,
                                              1980, Reg;
                                             August 28, 2019,
                                              Susp.
    Westwood, Borough of,            340081  December 17, 1971,   ......do..............   Do.
     Bergen County.                           Emerg; February 4,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Wood-Ridge, Borough of,          340083  September 1, 1972,   ......do..............   Do.
     Bergen County.                           Emerg; August 11,
                                              1978, Reg;
                                             August 28, 2019,
                                              Susp.
    Woodcliff Lake, Borough of,      340082  July 15, 1975,       ......do..............   Do.
     Bergen County.                           Emerg; September
                                              2, 1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Wyckoff, Township of,            340084  December 17, 1971,   ......do..............   Do.
     Bergen County.                           Emerg; August 1,
                                              1977, Reg;
                                             August 28, 2019,
                                              Susp.
            Region V
 
Ohio:
    Ashtabula, City of,              390011  May 6, 1975, Emerg;  ......do..............   Do.
     Ashtabula County.                        February 1, 1980,
                                              Reg;
                                             August 28, 2019,
                                              Susp.
    Ashtabula County,                390010  February 15, 1977,   ......do..............   Do.
     Unincorporated Areas.                    Emerg; January 2,
                                              1981, Reg;
                                             August 28, 2019,
                                              Susp.
    Conneaut, City of,               390012  September 23, 1974,  ......do..............   Do.
     Ashtabula County.                        Emerg; February
                                              15, 1980, Reg;
                                              August 28, 2019,
                                              Susp.
    North Kingsville, Village        390889  May 27, 1988,        ......do..............   Do.
     of, Ashtabula County.                    Emerg; August 4,
                                              1988, Reg;
                                             August 28, 2019,
                                              Susp.
          Region VIII
 
Colorado:
    Aguilar, Town of, Las            080229  August 20, 2010,     ......do..............   Do.
     Animas County.                           Emerg; N/A, Reg;
                                             August 28, 2019,
                                              Susp.
    Las Animas County,               080105  October 15, 1971,    ......do..............   Do.
     Unincorporated Areas.                    Emerg; September
                                              1, 1977, Reg;
                                             August 28, 2019,
                                              Susp.
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* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 12, 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. 2019-17598 Filed 8-15-19; 8:45 am]
 BILLING CODE 9110-12-P