[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43708-43710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14861]
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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-8637]
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
[[Page 43709]]
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 III
Pennsylvania:
Butler, Township of, Adams 421247 July 7, 1975, July 22, 2020......... July 22, 2020.
County. Emerg; August 19,
1985, Reg; July
22, 2020, Susp.
Carroll Valley, Borough 422635 December 4, 1975, ......do.............. Do.
of, Adams County. Emerg; September
2, 1988, Reg;
July 22, 2020,
Susp.
Cumberland, Township of, 421249 November 6, 1974, ......do.............. Do.
Adams County. Emerg; September
30, 1981, Reg;
July 22, 2020,
Susp.
Hamiltonban, Township of, 421252 October 15, 1975, ......do.............. Do.
Adams County. Emerg; July 4,
1988, Reg; July
22, 2020, Susp.
Littlestown, Borough of, 421244 March 6, 1975, ......do.............. Do.
Adams County. Emerg; June 25,
1976, Reg; July
22, 2020, Susp.
Menallen, Township of, 421256 December 11, 1975, ......do.............. Do.
Adams County. Emerg; July 4,
1988, Reg; July
22, 2020, Susp.
Mount Joy, Township of, 421257 July 24, 1975, ......do.............. Do.
Adams County. Emerg; July 4,
1988, Reg; July
22, 2020, Susp.
Mount Pleasant, Township 421258 July 2, 1975, ......do.............. Do.
of, Adams County. Emerg; December
1, 1981, Reg;
July 22, 2020,
Susp.
Straban, Township of, 421259 January 13, 1975, ......do.............. Do.
Adams County. Emerg; July 16,
1981, Reg; July
22, 2020, Susp.
Union, Township of, Adams 421261 March 17, 1976, ......do.............. Do.
County.. Emerg; December
4, 1985, Reg;
July 22, 2020,
Susp.
Region VII
Iowa:
Andover, City of, Clinton 190034 N/A, Emerg; July ......do.............. Do.
County. 9, 2013, Reg;
July 22, 2020,
Susp.
Calamus, City of, Clinton 190711 N/A, Emerg; August ......do.............. Do.
County. 9, 2011, Reg;
July 22, 2020,
Susp.
Camanche, City of, Clinton 190086 February 9, 1973, ......do.............. Do.
County. Emerg; December
18, 1984, Reg;
July 22, 2020,
Susp.
Clayton, City of, Clayton 190072 February 24, 1975, ......do.............. Do.
County. Emerg; March 16,
1989, Reg; July
22, 2020, Susp.
[[Page 43710]]
Clayton County, 190858 May 3, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1990, Reg; July
22, 2020, Susp.
Clinton, City of, Clinton 190088 June 11, 1974, ......do.............. Do.
County. Emerg; September
17, 1980, Reg;
July 22, 2020,
Susp.
Clinton County, 190859 July 2, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1990, Reg;
July 22, 2020,
Susp.
DeWitt, City of, Clinton 190568 N/A, Emerg; ......do.............. Do.
County. October 27, 1995,
Reg; July 22,
2020, Susp.
Elkader, City of, Clayton 190073 October 3, 1974, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
July 22, 2020,
Susp.
Elkport, City of, Clayton 190074 December 24, 1974, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; July
22, 2020, Susp.
Fort Madison, City of, Lee 190184 April 11, 1974, ......do.............. Do.
County. Emerg; May 3,
1982, Reg; July
22, 2020, Susp.
Garber, City of, Clayton 190076 March 7, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; July
22, 2020, Susp.
Garnavillo, City of, 190580 N/A, Emerg; August ......do.............. Do.
Clayton County. 9, 2011, Reg;
July 22, 2020,
Susp.
Goose Lake, City of, 190734 N/A, Emerg; ......do.............. Do.
Clinton County. November 9, 2011,
Reg; July 22,
2020, Susp.
Grand Mound, City of, 190586 N/A, Emerg; ......do.............. Do.
Clinton County. November 9, 2011,
Reg; July 22,
2020, Susp.
Guttenberg, City of, 190077 May 1, 1974, ......do.............. Do.
Clayton County. Emerg; March 4,
1980, Reg; July
22, 2020, Susp.
Keokuk, City of, Lee 190185 March 27, 1974, ......do.............. Do.
County. Emerg; March 1,
1978, Reg; July
22, 2020, Susp.
Lee County, Unincorporated 190182 September 11, ......do.............. Do.
Areas. 1978, Emerg; June
15, 1981, Reg;
July 22, 2020,
Susp.
Lost Nation, City of, 190611 N/A, Emerg; July ......do.............. Do.
Clinton County. 22, 2014, Reg;
July 22, 2020,
Susp.
Low Moor, City of, Clinton 190766 N/A, Emerg; ......do.............. Do.
County. January 12, 2017,
Reg; July 22,
2020, Susp.
Luana, City of, Clayton 190767 February 18, 2011, ......do.............. Do.
County. Emerg; June 2,
2011, Reg; July
22, 2020, Susp.
Marquette, City of, 195182 April 16, 1971, ......do.............. Do.
Clayton County. Emerg; January
19, 1972, Reg;
July 22, 2020,
Susp.
McGregor, City of, Clayton 195183 April 9, 1971, ......do.............. Do.
County. Emerg; January
19, 1972, Reg;
July 22, 2020,
Susp.
Montrose, City of, Lee 190186 August 8, 1975, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
July 22, 2020,
Susp.
North Buena Vista, City 190082 N/A, Emerg; August ......do.............. Do.
of, Clayton County. 3, 2011, Reg;
July 22, 2020,
Susp.
Saint Olaf, City of, 190084 March 10, 1975, ......do.............. Do.
Clayton County. Emerg; August 1,
1986, Reg; July
22, 2020, Susp.
Strawberry Point, City of, 190662 N/A, Emerg; ......do.............. Do.
Clayton County. October 19, 2010,
Reg; July 22,
2020, Susp.
Toronto, City of, Clinton 190118 N/A, Emerg; July ......do.............. Do.
County. 22, 2014, Reg;
July 22, 2020,
Susp.
Welton, City of, Clinton 190089 October 25, 1977, ......do.............. Do.
County. Emerg; August 5,
1985, Reg; July
22, 2020, 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. 2020-14861 Filed 7-17-20; 8:45 am]
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