Skip to Content

Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document including its time on Public Inspection. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

  • Flood insurance
  • Floodplains
End List of Subjects

Accordingly, 44 CFR part 64 is amended as follows:

Start Part

PART 64—[AMENDED]

End Part Start Amendment Part

1. The authority citation for part 64 continues to read as follows:

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

2. The tables published under the authority of § 64.6 are amended as follows: Start Printed Page 56270

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map DateDate certain Federal assistance no longer available in SFHAs
Region IV
North Carolina:
Charlotte, City of, Mecklenburg County370159April 12, 1973, Emerg; August 15, 1978, Reg; November 16, 2018, Susp.November 16, 2018November 16, 2018.
Concord, City of, Cabarrus County370037January 16, 1974, Emerg; March 4, 1980, Reg; November 16, 2018, Susp.......-do-  Do.
Cornelius, Town of, Mecklenburg County370498N/A, Emerg; September 30, 1997, Reg; November 16, 2018, Susp.......-do-  Do.
Davidson, Town of, Mecklenburg and Iredell Counties370503N/A, Emerg; October 16, 1997, Reg; November 16, 2018, Susp.......-do-  Do.
Fairview, Town of, Union County370024N/A, Emerg; June 9, 2009, Reg; November 16, 2018, Susp.......-do-  Do.
Harrisburg, Town of, Cabarrus County370038June 17, 1975, Emerg; June 30, 1976, Reg; November 16, 2018, Susp.......-do-  Do.
Huntersville, Town of, Mecklenburg County370478January 11, 1995, Emerg; February 4, 2004, Reg; November 16, 2018, Susp.......-do-  Do.
Iredell County, Unincorporated Areas370313July 23, 1976, Emerg; May 15, 1980, Reg; November 16, 2018, Susp.......-do-  Do.
Kannapolis, City of, Cabarrus and Rowan Counties370469N/A, Emerg; March 25, 1991, Reg; November 16, 2018, Susp.......-do-  Do.
Locust, City of, Cabarrus and Stanly Counties370508N/A, Emerg; May 29, 2003, Reg; November 16, 2018, Susp.......-do-  Do.
Mecklenburg County, Unincorporated Areas370158May 17, 1973, Emerg; June 1, 1981, Reg; November 16, 2018, Susp.......-do-  Do.
Midland, Town of, Cabarrus County370182N/A, Emerg; June 1, 2009, Reg; November 16, 2018, Susp.......-do-  Do.
Mount Pleasant, Town of, Cabarrus County370470N/A, Emerg; February 24, 2012, Reg; November 16, 2018, Susp.......-do-  Do.
Rowan County, Unincorporated Areas370351August 23, 1976, Emerg; November 1, 1979, Reg; November 16, 2018, Susp.......-do-  Do.
Stanfield, Town of, Stanly County370510N/A, Emerg; July 15, 2010, Reg; November 16, 2018, Susp.......-do-  Do.
Region VII
Iowa:
Bevington, City of, Madison and Warren Counties190273November 30, 1976, Emerg; May 1, 1987, Reg; November 16, 2018, Susp.November 16, 2018November 16, 2018.
Carlisle, City of, Polk and Warren Counties190274December 17, 1974, Emerg; August 4, 1987, Reg; November 16, 2018, Susp.......-do-  Do.
Cumming, City of, Warren County190946N/A, Emerg; January 24, 2000, Reg; November 16, 2018, Susp.......-do-  Do.
Des Moines, City of, Polk and Warren Counties190227September 6, 1974, Emerg; February 4, 1981, Reg; November 16, 2018, Susp.......-do-  Do.
Hartford, City of, Warren County190589N/A, Emerg; October 7, 2008, Reg; November 16, 2018, Susp.......-do-  Do.
Indianola, City of, Warren County190275June 1, 1977, Emerg; July 31, 1979, Reg; November 16, 2018, Susp.......-do-  Do.
Lacona, City of, Warren County190752December 6, 1976, Emerg; July 1, 1987, Reg; November 16, 2018, Susp.......-do-  Do.
Martensdale, City of, Warren County190524April 28, 1994, Emerg; September 1, 1996, Reg; November 16, 2018, Susp.......-do-  Do.
Norwalk, City of, Warren County190631March 3, 1993, Emerg; November 20, 1998, Reg; November 16, 2018, Susp.......-do-  Do.
Spring Hill, City of, Warren County190949N/A, Emerg; May 26, 1998, Reg; November 16, 2018, Susp.......-do-  Do.
Warren County, Unincorporated Areas190912November 19, 1990, Emerg; July 1, 1991, Reg; November 16, 2018, Susp.......-do-  Do.
Region VIII
Colorado:
Breckenridge, Town of, Summit County080172July 25, 1975, Emerg; June 4, 1980, Reg; November 16, 2018, Susp.......-do-  Do.
Silverthorne, Town of, Summit County080201July 16, 1975, Emerg; May 1, 1980, Reg; November 16, 2018, Susp.......-do-  Do.
Summit County, Unincorporated Areas080290November 26, 1976, Emerg; December 16, 1980, Reg; November 16, 2018, Susp.......-do-  Do.
Region X
Oregon:
Brookings, City of, Curry County410053July 8, 1975, Emerg; September 18, 1985, Reg; November 16, 2018, Susp.......-do-  Do.
Start Printed Page 56271
Curry County, Unincorporated Areas410052March 19, 1971, Emerg; April 3, 1978, Reg; November 16, 2018, Susp.November 16, 2018November 16, 2018.
Gold Beach, City of, Curry County410054November 11, 1974, Emerg; November 15, 1985, Reg; November 16, 2018, Susp.......-do-  Do.
-do- = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp.—Suspension.
Start Signature

Dated: October 30, 2018.

Katherine B. Fox,

Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration—FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Supplemental Information

[FR Doc. 2018-24692 Filed 11-9-18; 8:45 am]

BILLING CODE 9110-12-P