[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Rules and Regulations]
[Pages 7509-7512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01992]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8663]


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. Information identifying the current participation status of a 
community can be obtained from FEMA's CSB available at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Please note that 
per Revisions to Publication Requirements for Community Eligibility 
Status Information Under the National Flood Insurance Program, notices 
such as this one for scheduled suspension will no longer be published 
in the Federal Register as of June 2021 but will be available at 
National Flood Insurance Community Status and Public 
Notification[bond]FEMA.gov. Individuals without internet access will be 
able to contact their local floodplain management official and/or State 
NFIP Coordinating Office directly for assistance.

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. Details 
regarding updated publication requirements of community eligibility 
status information under the NFIP can be found on the CSB section at 
www.fema.gov.

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, new and 
substantially improved construction, and development in general 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 NFIP regulations, 44 CFR part 59. 
Accordingly, the communities will be suspended on the effective date 
listed in the third column. As of that date, flood insurance will no 
longer be available in the community. FEMA recognizes communities may 
adopt and submit the required documentation 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. Their current NFIP participation status can be 
verified at anytime on the CSB section at fema.gov.
    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 published FIRM 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.

[[Page 7510]]

    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/                                         Date certain federal
                  State and location                      Community   cancellation of sale    Current effective map date        assistance no longer
                                                             No.       of flood insurance                                        available in SFHAs
                                                                          in community
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                       Region I
 
New Hampshire:
    Exeter, Town of, Rockingham County.                       330130  May 12, 1975, Emerg;  January 29, 2021.............  January 29, 2021.
                                                                       May 17, 1982, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Greenland, Town of, Rockingham County.                    330210  May 19, 1976, Emerg;  ......do.....................   Do.
                                                                       May 17, 1989, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Hampton, Town of, Rockingham County.                      330132  July 25, 1974,        ......do.....................   Do.
                                                                       Emerg; July 3,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Hampton Falls, Town of, Rockingham County.                330133  October 31, 1975,     ......do.....................   Do.
                                                                       Emerg; April 15,
                                                                       1982, Reg; January
                                                                       29, 2021, Susp.
    New Castle, Town of, Rockingham County.                   330135  September 10, 1975,   ......do.....................   Do.
                                                                       Emerg; August 5,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Newfields, Town of, Rockingham County.                    330228  July 26, 1978,        ......do.....................   Do.
                                                                       Emerg; June 5,
                                                                       1989, Reg; January
                                                                       29, 2021, Susp.
    Newington, Town of, Rockingham County.                    330229  N/A, Emerg; July 27,  ......do.....................   Do.
                                                                       2006, Reg; January
                                                                       29, 2021, Susp.
    Newmarket, Town of, Rockingham County.                    330136  August 26, 1975,      ......do.....................   Do.
                                                                       Emerg; May 2, 1991,
                                                                       Reg; January 29,
                                                                       2021, Susp.
    North Hampton, Town of, Rockingham County.                330232  November 17, 1975,    ......do.....................   Do.
                                                                       Emerg; June 3,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Portsmouth, City of, Rockingham County.                   330139  July 10, 1975,        ......do.....................   Do.
                                                                       Emerg; May 17,
                                                                       1982, Reg; January
                                                                       29, 2021, Susp.
    Rye, Town of, Rockingham County.                          330141  September 8, 1975,    ......do.....................   Do.
                                                                       Emerg; June 17,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Seabrook, Town of, Rockingham County.                     330143  March 30, 1978,       ......do.....................   Do.
                                                                       Emerg; June 17,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Seabrook Beach Village District, Rockingham               330854  N/A, Emerg;           ......do.....................   Do.
     County.                                                           September 17, 1986,
                                                                       Reg; January 29,
                                                                       2021, Susp.
    Stratham, Town of, Rockingham County.                     330197  September 26, 1977,   ......do.....................   Do.
                                                                       Emerg; May 17,
                                                                       1989, Reg; January
                                                                       29, 2021, Susp.
    Village District of Little Boar's Head, Rockingham        330856  N/A, Emerg; June 27,  ......do.....................   Do.
     County.                                                           2017, Reg; January
                                                                       29, 2021, Susp.
 
                      Region III
 
Virginia:

[[Page 7511]]

 
    Frederick County, Unincorporated Areas.                   510063  November 5, 1973,     ......do.....................   Do.
                                                                       Emerg; July 17,
                                                                       1978, Reg; January
                                                                       29, 2021, Susp.
    Middletown, Town of, Frederick County.                    510274  February 24, 1975,    ......do.....................   Do.
                                                                       Emerg; August 3,
                                                                       1984, Reg; January
                                                                       29, 2021, Susp.
    Stephens City, Town of, Frederick County.                 510064  June 17, 1975,        ......do.....................   Do.
                                                                       Emerg; September
                                                                       10, 1984, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Winchester, City of, Independent City.                    510173  September 6, 1974,    ......do.....................   Do.
                                                                       Emerg; November 15,
                                                                       1978, Reg; January
                                                                       29, 2021, Susp.
 
                       Region IV
 
Kentucky:
    Bell County, Unincorporated Areas.                        210010  March 28, 1975,       ......do.....................   Do.
                                                                       Emerg; February 18,
                                                                       1981, Reg; January
                                                                       29, 2021, Susp.
    Boyd County, Unincorporated Areas.                        210016  December 12, 1975,    ......do.....................   Do.
                                                                       Emerg; December 2,
                                                                       1980, Reg; January
                                                                       29, 2021, Susp.
    Pineville, City of, Bell County.                          210012  November 21, 1973,    ......do.....................   Do.
                                                                       Emerg; June 1,
                                                                       1978, Reg; January
                                                                       29, 2021, Susp.
South Carolina:
    Awendaw, Town of, Charleston County.                      450262  N/A, Emerg; June 28,  ......do.....................   Do.
                                                                       1993, Reg; January
                                                                       29, 2021, Susp.
    Charleston, City of, Berkeley and Charleston              455412  October 30, 1970,     ......do.....................   Do.
     Counties.                                                         Emerg; April 9,
                                                                       1971, Reg; January
                                                                       29, 2021, Susp.
    Folly Beach, City of, Charleston County.                  455415  September 11, 1970,   ......do.....................   Do.
                                                                       Emerg; April 2,
                                                                       1971, Reg; January
                                                                       29, 2021, Susp.
    Hollywood, Town of, Charleston County.                    450037  February 18, 1986,    ......do.....................   Do.
                                                                       Emerg; June 17,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Isle of Palms, City of, Charleston County.                455416  September 4, 1970,    ......do.....................   Do.
                                                                       Emerg; April 2,
                                                                       1971, Reg; January
                                                                       29, 2021, Susp.
    James Island, Town of, Charleston County.                 450263  June 30, 1970,        ......do.....................   Do.
                                                                       Emerg; July 10,
                                                                       2017, Reg; January
                                                                       29, 2021, Susp.
    Kiawah Island, Town of, Charleston County.                450257  June 30, 1970,        ......do.....................   Do.
                                                                       Emerg; April 23,
                                                                       1971, Reg; January
                                                                       29, 2021, Susp.
    McClellanville, Town of, Charleston County.               450039  December 16, 1975,    ......do.....................   Do.
                                                                       Emerg; March 16,
                                                                       1981, Reg; January
                                                                       29, 2021, Susp.
    Rockville, Town of, Charleston County.                    450249  N/A, Emerg; March 9,  ......do.....................   Do.
                                                                       1998, Reg; January
                                                                       29, 2021, Susp.
    Sullivan's Island, Town of, Charleston County.            455418  September 18, 1970,   ......do.....................   Do.
                                                                       Emerg; April 2,
                                                                       1971, Reg; January
                                                                       29, 2021, Susp.
 
                       Region V
 
Indiana: Evansville, City of, Vanderburgh County.             180257  June 25, 1971,        ......do.....................   Do.
                                                                       Emerg; October 15,
                                                                       1981, Reg; January
                                                                       29, 2021, Susp.
 
                       Region VI
 
Texas:
    Fort Bend County, Unincorporated Areas.                   480228  N/A, Emerg; March     ......do.....................   Do.
                                                                       19, 1987, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Fulshear, City of, Fort Bend County.                      481488  April 3, 1981,        ......do.....................   Do.
                                                                       Emerg; July 31,
                                                                       1981, Reg; January
                                                                       29, 2021, Susp.
    Rosenberg, City of, Fort Bend County.                     480232  July 21, 1975,        ......do.....................   Do.
                                                                       Emerg; December 4,
                                                                       1984, Reg; January
                                                                       29, 2021, Susp.
    Simonton, City of, Fort Bend County.                      481564  March 4, 1980,        ......do.....................   Do.
                                                                       Emerg; August 4,
                                                                       1987, Reg; January
                                                                       29, 2021, Susp.
 

[[Page 7512]]

 
                      Region VII
 
Iowa:
    Bremer County, Unincorporated Areas.                      190847  August 12, 1980,      ......do.....................   Do.
                                                                       Emerg; July 16,
                                                                       1990, Reg; January
                                                                       29, 2021, Susp.
    Chillicothe, City of, Wapello County.                     190269  January 25, 2007,     ......do.....................   Do.
                                                                       Emerg; N/A, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Denver, City of, Bremer County.                           190026  May 27, 1975, Emerg;  ......do.....................   Do.
                                                                       July 16, 1990, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Dunlap, City of, Harrison County.                         190144  June 25, 1975,        ......do.....................   Do.
                                                                       Emerg; September
                                                                       18, 1985, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Eddyville, City of, Mahaska, Monroe and Wapello           190270  October 20, 1975,     ......do.....................   Do.
     Counties.                                                         Emerg; August 1,
                                                                       1987, Reg; January
                                                                       29, 2021, Susp.
    Eldon, City of, Wapello County.                           190271  January 27, 1976,     ......do.....................   Do.
                                                                       Emerg; May 1, 1987,
                                                                       Reg; January 29,
                                                                       2021, Susp.
    Frederika, City of, Bremer County.                        190027  N/A, Emerg; December  ......do.....................   Do.
                                                                       7, 1990, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Harrison County, Unincorporated Areas.                    190143  January 14, 1998,     ......do.....................   Do.
                                                                       Emerg; August 9,
                                                                       2000, Reg; January
                                                                       29, 2021, Susp.
    Janesville, City of, Bremer and Black Hawk                190023  May 28, 1982, Emerg;  ......do.....................   Do.
     Counties.                                                         July 16, 1990, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Little Sioux, City of, Harrison County.                   190145  September 25, 1975,   ......do.....................   Do.
                                                                       Emerg; August 19,
                                                                       1985, Reg; January
                                                                       29, 2021, Susp.
    Missouri Valley, City of, Harrison County.                190147  May 26, 1972, Emerg;  ......do.....................   Do.
                                                                       August 1, 1977,
                                                                       Reg; January 29,
                                                                       2021, Susp.
    Modale, City of, Harrison County.                         190148  April 18, 2012,       ......do.....................   Do.
                                                                       Emerg; April 27,
                                                                       2012, Reg; January
                                                                       29, 2021, Susp.
    Mondamin, City of, Harrison County.                       190149  May 22, 1975, Emerg;  ......do.....................   Do.
                                                                       June 10, 1980, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Plainfield, City of, Bremer County.                       190327  June 18, 1979,        ......do.....................   Do.
                                                                       Emerg; March 1,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
    Sumner, City of, Bremer County.                           190029  August 8, 1975,       ......do.....................   Do.
                                                                       Emerg; July 16,
                                                                       1990, Reg; January
                                                                       29, 2021, Susp.
    Tripoli, City of, Bremer County.                          190669  N/A, Emerg;           ......do.....................   Do.
                                                                       September 28, 1994,
                                                                       Reg; January 29,
                                                                       2021, Susp.
    Wapello County, Unincorporated Areas.                     190911  May 23, 1983, Emerg;  ......do.....................   Do.
                                                                       June 1, 1987, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Waverly, City of, Bremer County.                          190030  May 2, 1975, Emerg;   ......do.....................   Do.
                                                                       March 2, 1981, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
Kansas:
    Hutchinson, City of, Reno County.                         200283  January 19, 1973,     ......do.....................   Do.
                                                                       Emerg; September 5,
                                                                       1978, Reg; January
                                                                       29, 2021, Susp.
    Nickerson, City of, Reno County.                          200284  January 16, 1975,     ......do.....................   Do.
                                                                       Emerg; January 3,
                                                                       1979, Reg; January
                                                                       29, 2021, Susp.
    South Hutchinson, City of, Reno County.                   200530  August 7, 1975,       ......do.....................   Do.
                                                                       Emerg; September
                                                                       28, 1990, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
    Willowbrook, City of, Reno County.                        200285  May 1, 1975, Emerg;   ......do.....................   Do.
                                                                       August 1, 1986,
                                                                       Reg; January 29,
                                                                       2021, Susp.
Missouri: Wayland, City of, Clark County.                     290084  September 4, 1975,    ......do.....................   Do.
                                                                       Emerg; September 4,
                                                                       1986, Reg; January
                                                                       29, 2021, Susp.
 
                       Region IX
 
California:
    Ojai, City of, Ventura County.                            060416  June 18, 1975,        ......do.....................   Do.
                                                                       Emerg; October 17,
                                                                       1978, Reg; January
                                                                       29, 2021, Susp.
    Port Hueneme, City of, Ventura County.                    065051  May 14, 1971, Emerg;  ......do.....................   Do.
                                                                       September 24, 1984,
                                                                       Reg; January 29,
                                                                       2021, Susp.
    San Buenaventura, City of, Ventura County.                060419  November 27, 1970,    ......do.....................   Do.
                                                                       Emerg; September
                                                                       29, 1986, Reg;
                                                                       January 29, 2021,
                                                                       Susp.
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* 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. 2021-01992 Filed 1-28-21; 8:45 am]
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