[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54520-54522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22123]
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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-8601]
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
[[Page 54521]]
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:
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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
Mississippi:
Columbia, City of, Marion 280111 February 6, 1975, October 18, 2019...... October 18, 2019
County. Emerg; September
28, 1979, Reg;
October 18, 2019,
Susp.
Lamar County, 280304 April 16, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; April 2,
1990, Reg; October
18, 2019, Susp.
Marion County, 280230 March 18, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 1979, Reg;
October 18, 2019,
Susp.
Tylertown, Town of, 280175 February 27, 1975, ......do.............. Do.
Walthall County. Emerg; September
30, 1988, Reg;
October 18, 2019,
Susp.
Walthall County, 280307 May 20, 1980, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1986, Reg; October
18, 2019, Susp.
South Carolina:
Hardeeville, City of, 450113 May 27, 1975, ......do.............. Do.
Beaufort and Jasper Emerg; September
Counties. 1, 1987, Reg;
October 18, 2019,
Susp.
Jasper County, 450112 June 10, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1986, Reg;
October 18, 2019,
Susp.
Region VI
Texas:
Austin County, 480704 November 21, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January 17,
1990, Reg; October
18, 2019, Susp.
San Felipe, Town of, Austin 480705 April 7, 1976, ......do.............. Do.
County. Emerg; January 3,
1986, Reg; October
18, 2019, Susp.
Sealy, City of, Austin 480017 July 31, 1975, ......do.............. Do.
County. Emerg; January 17,
1990, Reg; October
18, 2019, Susp.
Region X
Oregon:
Depoe Bay, City of, Lincoln 410283 January 11, 1979, ......do.............. Do.
County. Emerg; October 15,
1980, Reg; October
18, 2019, Susp.
Lincoln County, 410129 February 16, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; September
3, 1980, Reg;
October 18, 2019,
Susp.
[[Page 54522]]
Marion County, 410154 December 10, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; August 15,
1979, Reg; October
18, 2019, Susp.
Newport, City of, Lincoln 410131 October 18, 1974, ......do.............. Do.
County. Emerg; April 15,
1980, Reg; October
18, 2019, Susp.
Salem, City of, Marion and 410167 December 3, 1971, ......do.............. Do.
Polk Counties.. Emerg; June 15,
1979, Reg; October
18, 2019, Susp.
Siletz, City of, Lincoln 410132 May 30, 1975, October 18, 2019...... October 18, 2019.
County.. Emerg; March 1,
1979, Reg; October
18, 2019, Susp.
Toledo, City of, Lincoln 410133 April 19, 1973, ......do.............. Do.
County.. Emerg; March 1,
1979, Reg; October
18, 2019, Susp.
Turner, City of, Marion 410171 August 1, 1975, ......do.............. Do.
County.. Emerg; April 2,
1979, Reg; October
18, 2019, Susp.
Waldport, City of, Lincoln 410134 November 1, 1974, ......do.............. Do.
County.. Emerg; March 15,
1979, Reg; October
18, 2019, Susp.
Yachats, City of, Lincoln 410135 July 18, 1975, ......do.............. Do.
County.. Emerg; March 1,
1979, Reg; October
18, 2019, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: October 3, 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. 2019-22123 Filed 10-9-19; 8:45 am]
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