[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)] [Rules and Regulations] [Pages 37019-37022] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2020-12661] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8633] 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) 674-1087. 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. [[Page 37020]] 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: ---------------------------------------------------------------------------------------------------------------- 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 North Carolina: Alliance, Town of, Pamlico 370404 November 9, 1977, June 19, 2020......... June 19, 2020. County. Emerg; August 5, 1985, Reg; June 19, 2020, Susp Bath, Town of, Beaufort 370288 N/A, Emerg; April ......do *............ Do. County. 8, 1987, Reg; June 19, 2020, Susp Bayboro, Town of, Pamlico 370183 May 17, 1973, ......do.............. Do. County. Emerg; December 4, 1985, Reg; June 19, 2020, Susp Bridgeton, Town of, Craven 370436 October 19, 1973, ......do.............. Do. County. Emerg; May 4, 1987, Reg; June 19, 2020, Susp Carteret County, 370043 November 19, 1971, ......do.............. Do. Unincorporated Areas. Emerg; May 15, 1980, Reg; June 19, 2020, Susp Chocowinity, Town of, 370289 N/A, Emerg; June ......do.............. Do. Beaufort County. 30, 1997, Reg; June 19, 2020, Susp Craven County, 370072 October 19, 1973, ......do.............. Do. Unincorporated Areas. Emerg; May 4, 1987, Reg; June 19, 2020, Susp Currituck County, 370078 March 4, 1974, ......do.............. Do. Unincorporated Areas. Emerg; November 1, 1984, Reg; June 19, 2020, Susp Emerald Isle, Town of, 370047 June 29, 1973, ......do.............. Do. Carteret County. Emerg; April 1, 1977, Reg; June 19, 2020, Susp Greenville, City of, Pitt 370191 January 15, 1974, ......do.............. Do. County. Emerg; July 3, 1978, Reg; June 19, 2020, Susp Grimesland, Town of, Pitt 370535 November 14, 2000, ......do.............. Do. County. Emerg; January 2, 2004, Reg; June 19, 2020, Susp Havelock, City of, Craven 370265 June 20, 1975, ......do.............. Do. County. Emerg; May 4, 1987, Reg; June 19, 2020, Susp Hyde County, 370133 February 8, 1974, ......do.............. Do. Unincorporated Areas. Emerg; February 4, 1987, Reg; June 19, 2020, Susp Kill Devil Hills, Town of, 375353 February 4, 1972, ......do.............. Do. Dare County. Emerg; May 4, 1973, Reg; June 19, 2020, Susp Mesic, Town of, Pamlico 370426 N/A, Emerg; ......do.............. Do. County. September 4, 1985, Reg; June 19, 2020, Susp Minnesott Beach, Town of, 370418 N/A, Emerg; ......do.............. Do. Pamlico County. September 23, 1985, Reg; June 19, 2020, Susp Nags Head, Town of, Dare 375356 December 17, 1971, ......do.............. Do. County. Emerg; November 10, 1972, Reg; June 19, 2020, Susp New Bern, City of, Craven 370074 December 11, 1973, ......do.............. Do. County. Emerg; June 1, 1978, Reg; June 19, 2020, Susp North Topsail Beach, Town 370466 N/A, Emerg; June ......do.............. Do. of, Onslow County. 15, 1990, Reg; June 19, 2020, Susp Oriental, Town of, Pamlico 370279 May 17, 1973, ......do.............. Do. County. Emerg; December 4, 1985, Reg; June 19, 2020, Susp Pamlico County, 370181 May 17, 1973, ......do.............. Do. Unincorporated Areas. Emerg; September 4, 1985, Reg; June 19, 2020, Susp River Bend, Town of, 370432 August 5, 1981, ......do.............. Do. Craven County. Emerg; August 19, 1986, Reg; June 19, 2020, Susp Southern Shores, Town of, 370430 April 8, 1971, ......do.............. Do. Dare County. Emerg; May 13, 1972, Reg; June 19, 2020, Susp Stonewall, Town of, 370437 May 17, 1973, ......do.............. Do. Pamlico County. Emerg; December 4, 1985, Reg; June 19, 2020, Susp Swansboro, Town of, Onslow 370179 April 11, 1975, ......do.............. Do. County. Emerg; October 18, 1983, Reg; June 19, 2020, Susp Washington, City of, 370017 October 6, 1972, ......do.............. Do. Beaufort County. Emerg; February 2, 1977, Reg; June 19, 2020, Susp Washington County, 370247 January 24, 1975, ......do.............. Do. Unincorporated Areas. Emerg; August 19, 1985, Reg; June 19, 2020, Susp Region V Michigan: Bedford, Township of, 260142 October 8, 1975, ......do.............. Do. Monroe County. Emerg; November 4, 1981, Reg; June 19, 2020, Susp [[Page 37021]] Berlin, Charter Township 260143 March 9, 1973, ......do.............. Do. of, Monroe County. Emerg; November 3, 1982, Reg; June 19, 2020, Susp Erie, Township of, Monroe 260145 January 26, 1973, ......do.............. Do. County. Emerg; September 1, 1978, Reg; June 19, 2020, Susp Estral Beach, Village of, 260261 March 30, 1973, ......do.............. Do. Monroe County. Emerg; November 2, 1983, Reg; June 19, 2020, Susp Frenchtown, Charter 260146 January 19, 1973, ......do.............. Do. Township of, Monroe Emerg; January County. 19, 1978, Reg; June 19, 2020, Susp LaSalle, Township of, 260148 February 9, 1973, ......do.............. Do. Monroe County. Emerg; August 15, 1977, Reg; June 19, 2020, Susp Luna Pier, City of, Monroe 260150 January 26, 1973, ......do.............. Do. County. Emerg; June 1, 1982, Reg; June 19, 2020, Susp Monroe, Charter Township 260154 February 2, 1973, ......do.............. Do. of, Monroe County. Emerg; April 3, 1978, Reg; June 19, 2020, Susp Region VI Texas: Denton County, 480774 July 22, 1975, ......do.............. Do. Unincorporated Areas Emerg; May 4, 1987, Reg; June 19, 2020, Susp Region VII Iowa: Charles City, City of, 190128 March 3, 1972, ......do.............. Do. Floyd County. Emerg; February 2, 1977, Reg; June 19, 2020, Susp Floyd, City of, Floyd 190382 November 10, 1999, ......do.............. Do. County. Emerg; February 20, 2008, Reg; June 19, 2020, Susp Floyd County, 190127 September 18, ......do.............. Do. Unincorporated Areas. 1996, Emerg; December 1, 1997, Reg; June 19, 2020, Susp Leland, City of, Winnebago 190529 October 2, 1975, ......do.............. Do. County. Emerg; January 2, 1981, Reg; June 19, 2020, Susp Nora Springs, City of, 190384 April 25, 1980, ......do.............. Do. Floyd County. Emerg; September 1, 1987, Reg; June 19, 2020, Susp Rockford, City of, Floyd 190129 July 28, 1975, ......do.............. Do. County. Emerg; September 1, 1987, Reg; June 19, 2020, Susp Rudd, City of, Floyd 190385 February 29, 2000, ......do.............. Do. County. Emerg; February 20, 2008, Reg; June 19, 2020, Susp Scarville, City of, 190531 April 14, 2010, ......do.............. Do. Winnebago County. Emerg; May 1, 2011, Reg; June 19, 2020, Susp Thompson, City of, 190666 July 8, 2010, ......do.............. Do. Winnebago County. Emerg; May 1, 2011, Reg; June 19, 2020, Susp Winnebago County, 190915 October 15, 2010, ......do.............. Do. Unincorporated Areas. Emerg; N/A, Reg; June 19, 2020, Susp Region VIII Utah: Alpine, City of, Utah 490228 May 27, 1975, ......do.............. Do. County. Emerg; February 11, 1976, Reg; June 19, 2020, Susp American Fork, City of, 490152 April 23, 1974, ......do.............. Do. Utah County. Emerg; November 25, 1980, Reg; June 19, 2020, Susp Bluffdale, City of, Salt 490247 April 7, 1986, ......do.............. Do. Lake and Utah Counties. Emerg; September 30, 1987, Reg; June 19, 2020, Susp Genola, Town of, Utah 490154 June 6, 1983, ......do.............. Do. County. Emerg; January 30, 1984, Reg; June 19, 2020, Susp Lehi, City of, Utah County 490209 October 18, 1974, ......do.............. Do. Emerg; September 14, 1979, Reg; June 19, 2020, Susp Orem, City of, Utah County 490216 March 10, 1975, ......do.............. Do. Emerg; September 24, 1984, Reg; June 19, 2020, Susp Payson, City of, Utah 490157 December 26, 1974, ......do.............. Do. County. Emerg; November 15, 1978, Reg; June 19, 2020, Susp Salem, City of, Utah 490160 January 20, 1975, ......do.............. Do. County. Emerg; July 16, 1979, Reg; June 19, 2020, Susp Saratoga Springs, City of, 490250 N/A, Emerg; May ......do.............. Do. Utah County. 10, 1999, Reg; June 19, 2020, Susp Spanish Fork, City of, 490241 May 4, 1983, ......do.............. Do. Utah County. Emerg; February 19, 1986, Reg; June 19, 2020, Susp Springville, City of, Utah 490163 July 25, 1974, ......do.............. Do. County. Emerg; September 29, 1978, Reg; June 19, 2020, Susp Utah County, 495517 November 12, 1971, ......do.............. Do. Unincorporated Areas. Emerg; October 15, 1982, Reg; June 19, 2020, Susp Region X Idaho: [[Page 37022]] Ada County, Unincorporated 160001 May 8, 1975, ......do.............. Do. Areas. Emerg; December 18, 1984, Reg; June 19, 2020, Susp Garden City, City of, Ada 160004 January 12, 1979, ......do.............. Do. County. Emerg; May 15, 1980, Reg; June 19, 2020, Susp Meridian, City of, Ada 160180 N/A, Emerg; March ......do.............. Do. County. 20, 1992, Reg; June 19, 2020, Susp Washington: Bothell, City 530075 June 20, 1975, ......do.............. Do. of, Snohomish County. Emerg; June 1, 1982, Reg; June 19, 2020, Susp Brier, City of, Snohomish 530276 February 23, 1976, ......do.............. Do. County. Emerg; September 24, 1984, Reg; June 19, 2020, Susp Bucoda, Town of, Thurston 530189 February 10, 1975, ......do.............. Do. County. Emerg; September 2, 1981, Reg; June 19, 2020, Susp Darrington, Town of, 530233 September 1, 1976, ......do.............. Do. Snohomish County. Emerg; August 19, 1985, Reg; June 19, 2020, Susp Edmonds, City of, 530163 April 30, 1974, ......do.............. Do. Snohomish County. Emerg; August 8, 1978, Reg; June 19, 2020, Susp Everett, City of, 530164 December 17, 1973, ......do.............. Do. Snohomish County. Emerg; April 3, 1978, Reg; June 19, 2020, Susp Gold Bar, City of, 530285 December 17, 1976, ......do.............. Do. Snohomish County. Emerg; December 1, 1983, Reg; June 19, 2020, Susp Index, Town of, Snohomish 530166 August 27, 1975, ......do.............. Do. County. Emerg; December 1, 1983, Reg; June 19, 2020, Susp Lake Stevens, City of, 530291 December 29, 1976, ......do.............. Do. Snohomish County. Emerg; April 17, 1989, Reg; June 19, 2020, Susp Lynnwood, City of, 530167 May 9, 1975, ......do.............. Do. Snohomish County. Emerg; June 5, 1985, Reg; June 19, 2020, Susp Marysville, City of, 530168 October 16, 1974, ......do.............. Do. Snohomish County. Emerg; February 15, 1984, Reg; June 19, 2020, Susp Mill Creek, City of, 530330 N/A, Emerg; July ......do.............. Do. Snohomish County. 9, 1997, Reg; June 19, 2020, Susp Monroe, City of, Snohomish 530169 August 14, 1974, ......do.............. Do. County. Emerg; December 1, 1983, Reg; June 19, 2020, Susp Mountlake Terrace, City 530170 March 18, 1975, ......do.............. Do. of, Snohomish County. Emerg; August 19, 1985, Reg; June 19, 2020, Susp Mukilteo, City of, 530235 February 3, 1977, ......do.............. Do. Snohomish County. Emerg; February 19, 1986, Reg; June 19, 2020, Susp Snohomish County, 535534 November 27, 1970, ......do.............. Do. Unincorporated Areas. Emerg; March 15, 1984, Reg; June 19, 2020, Susp Stanwood, City of, 530172 March 6, 1975, ......do.............. Do. Snohomish County. Emerg; November 16, 1983, Reg; June 19, 2020, Susp Sultan, City of, Snohomish 530173 May 16, 1975, ......do.............. Do. County. Emerg; September 30, 1983, Reg; June 19, 2020, Susp Tenino, City of, Thurston 530302 February 18, 1975, ......do.............. Do. County. Emerg; June 4, 1980, Reg; June 19, 2020, Susp Thurston County, 530188 September 13, ......do.............. Do. Unincorporated Areas. 1974, Emerg; December 1, 1982, Reg; June 19, 2020, Susp ---------------------------------------------------------------------------------------------------------------- * -do- = Ditto. Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension. Katherine B. Fox, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration--FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2020-12661 Filed 6-18-20; 8:45 am] BILLING CODE 9110-12-P