[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Rules and Regulations]
[Pages 36507-36509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11333]
[[Page 36507]]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8631]
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) 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.
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:
[[Page 36508]]
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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
Alabama:
Bayou La Batre, City of, 015001 July 30, 1971, June 5, 2020............. June 5, 2020.
Mobile County. Emerg; March
17, 1972, Reg;
June 5, 2020,
Susp.
Chickasaw, City of, 015003 February 19, ......do *............... Do.
Mobile County. 1971, Emerg;
April 28, 1972,
Reg; June 5,
2020, Susp.
Citronelle, City of, 010277 July 23, 1975, ......do................. Do.
Mobile County. Emerg; June 17,
1977, Reg; June
5, 2020, Susp.
Creola, City of, Mobile 010409 N/A, Emerg; ......do................. Do.
County. December 31,
1981, Reg; June
5, 2020, Susp.
Dauphin Island, Town of, 010418 N/A, Emerg; ......do................. Do.
Mobile County. December 11,
1970, Reg; June
5, 2020, Susp.
Mobile, City of, Mobile 015007 September 11, ......do................. Do.
County. 1970, Emerg;
September 15,
1972, Reg; June
5, 2020, Susp.
Mobile County, 015008 N/A, Emerg; ......do................. Do.
Unincorporated Areas. December 11,
1970, Reg; June
5, 2020, Susp.
Mount Vernon, Town of, 010169 July 25, 1975, ......do................. Do.
Mobile County. Emerg; December
16, 1977, Reg;
June 5, 2020,
Susp.
Prichard, City of, 010170 April 22, 1975, ......do................. Do.
Mobile County. Emerg; February
4, 1981, Reg;
June 5, 2020,
Susp.
Saraland, City of, 010171 May 9, 1974, ......do................. Do.
Mobile County. Emerg; December
18, 1979, Reg;
June 5, 2020,
Susp.
Satsuma, City of, Mobile 010172 January 3, 1975, ......do................. Do.
County. Emerg;
September 29,
1978, Reg; June
5, 2020, Susp.
Region VI
Arkansas:
Alexander, City of, 050377 September 26, ......do................. Do.
Pulaski and Saline 1980, Emerg;
Counties. January 20,
1982, Reg; June
5, 2020, Susp.
Bauxite, Town of, Saline 050527 N/A, Emerg; ......do................. Do.
County. February 7,
2018, Reg; June
5, 2020, Susp.
Benton, City of, Saline 050192 July 2, 1975, ......do................. Do.
County. Emerg; December
15, 1981, Reg;
June 5, 2020,
Susp.
Region VII
Iowa:
Cerro Gordo County, 190853 December 29, June 5, 2020............. June 5, 2020.
Unincorporated Areas. 1999, Emerg;
December 1,
2001, Reg; June
5, 2020, Susp.
Clear Lake, City of, 190059 August 7, 1975, ......do................. Do.
Cerro Gordo County. Emerg; August
4, 1987, Reg;
June 5, 2020,
Susp.
Mason City, City of, 190060 March 21, 1975, ......do................. Do.
Cerro Gordo County. Emerg; December
2, 1980, Reg;
June 5, 2020,
Susp.
McIntire, City of, 190458 December 8, ......do................. Do.
Mitchell County. 2000, Emerg;
May 1, 2011,
Reg; June 5,
2020, Susp.
Mitchell, City of, 190459 N/A, Emerg; May ......do................. Do.
Mitchell County. 13, 2013, Reg;
June 5, 2020,
Susp.
Mitchell County, 190892 January 8, 1999, ......do................. Do.
Unincorporated Areas. Emerg; March 1,
2000, Reg; June
5, 2020, Susp.
Osage, City of, Mitchell 190636 N/A, Emerg; ......do................. Do.
County. April 20, 2017,
Reg; June 5,
2020, Susp.
Plymouth, City of, Cerro 190061 May 24, 1991, ......do................. Do.
Gordo County. Emerg; January
1, 1992, Reg;
June 5, 2020,
Susp.
Rock Falls, City of, 190351 July 4, 1994, ......do................. Do.
Cerro Gordo County. Emerg; July 1,
1997, Reg; June
5, 2020, Susp.
Rockwell, City of, Cerro 190352 October 11, ......do................. Do.
Gordo County. 1990, Emerg;
July 1, 1991,
Reg; June 5,
2020, Susp.
Stacyville, City of, 190461 February 18, ......do................. Do.
Mitchell County. 2011, Emerg;
February 6,
2013, Reg; June
5, 2020, Susp.
Swaledale, City of, 190809 N/A, Emerg; ......do................. Do.
Cerro Gordo County. April 3, 2014,
Reg; June 5,
2020, Susp.
Thornton, City of, Cerro 190062 December 12, ......do................. Do.
Gordo County. 1975, Emerg;
May 1, 1987,
Reg; June 5,
2020, Susp.
Ventura, City of, Cerro 190674 January 24, ......do................. Do.
Gordo County. 2000, Emerg;
May 16, 2012,
Reg; June 5,
2020, Susp.
Missouri:
Franklin County, 290493 June 21, 1974, ......do................. Do.
Unincorporated Areas. Emerg; October
16, 1984, Reg;
June 5, 2020,
Susp.
Nebraska:
Decatur, Village of, 310021 January 21, ......do................. Do.
Burt County. 1975, Emerg;
June 16, 1992,
Reg; June 5,
2020, Susp.
Herman, Village of, Burt 310229 January 10, June 5, 2020............. June 5, 2020.
and Washington Counties. 1975, Emerg;
March 18, 1985,
Reg; June 5,
2020, Susp.
Lyons, City of, Burt 310022 March 21, 1975, ......do................. Do.
County. Emerg;
September 4,
1986, Reg; June
5, 2020, Susp.
Oakland, City of, Burt 310023 May 22, 1975, ......do................. Do.
County. Emerg; May 7,
1979, Reg; June
5, 2020, Susp.
Tekamah, City of, Burt 310024 October 23, ......do................. Do.
County. 1974, Emerg;
August 1, 1979,
Reg; June 5,
2020, Susp.
Region X
Oregon:
Florence, City of, Lane 410123 March 27, 1975, ......do................. Do.
County. Emerg; May 17,
1982, Reg; June
5, 2020, Susp.
[[Page 36509]]
Lane County, 415591 December 31, ......do................. Do.
Unincorporated Areas. 1970, Emerg;
December 18,
1985, Reg; June
5, 2020, Susp.
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......do and 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. 2020-11333 Filed 6-16-20; 8:45 am]
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