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Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

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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. 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|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.

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) 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.

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, 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.Start Printed 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.

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:

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 I
New Hampshire:
Exeter, Town of, Rockingham County.330130May 12, 1975, Emerg; May 17, 1982, Reg; January 29, 2021, Susp.January 29, 2021January 29, 2021.
Greenland, Town of, Rockingham County.330210May 19, 1976, Emerg; May 17, 1989, Reg; January 29, 2021, Susp.......do  Do.
Hampton, Town of, Rockingham County.330132July 25, 1974, Emerg; July 3, 1986, Reg; January 29, 2021, Susp.......do  Do.
Hampton Falls, Town of, Rockingham County.330133October 31, 1975, Emerg; April 15, 1982, Reg; January 29, 2021, Susp.......do  Do.
New Castle, Town of, Rockingham County.330135September 10, 1975, Emerg; August 5, 1986, Reg; January 29, 2021, Susp.......do  Do.
Newfields, Town of, Rockingham County.330228July 26, 1978, Emerg; June 5, 1989, Reg; January 29, 2021, Susp.......do  Do.
Newington, Town of, Rockingham County.330229N/A, Emerg; July 27, 2006, Reg; January 29, 2021, Susp.......do  Do.
Newmarket, Town of, Rockingham County.330136August 26, 1975, Emerg; May 2, 1991, Reg; January 29, 2021, Susp.......do  Do.
North Hampton, Town of, Rockingham County.330232November 17, 1975, Emerg; June 3, 1986, Reg; January 29, 2021, Susp.......do  Do.
Portsmouth, City of, Rockingham County.330139July 10, 1975, Emerg; May 17, 1982, Reg; January 29, 2021, Susp.......do  Do.
Rye, Town of, Rockingham County.330141September 8, 1975, Emerg; June 17, 1986, Reg; January 29, 2021, Susp.......do  Do.
Seabrook, Town of, Rockingham County.330143March 30, 1978, Emerg; June 17, 1986, Reg; January 29, 2021, Susp.......do  Do.
Seabrook Beach Village District, Rockingham County.330854N/A, Emerg; September 17, 1986, Reg; January 29, 2021, Susp.......do  Do.
Stratham, Town of, Rockingham County.330197September 26, 1977, Emerg; May 17, 1989, Reg; January 29, 2021, Susp.......do  Do.
Village District of Little Boar's Head, Rockingham County.330856N/A, Emerg; June 27, 2017, Reg; January 29, 2021, Susp.......do  Do.
Region III
Virginia:
Start Printed Page 7511
Frederick County, Unincorporated Areas.510063November 5, 1973, Emerg; July 17, 1978, Reg; January 29, 2021, Susp.......do  Do.
Middletown, Town of, Frederick County.510274February 24, 1975, Emerg; August 3, 1984, Reg; January 29, 2021, Susp.......do  Do.
Stephens City, Town of, Frederick County.510064June 17, 1975, Emerg; September 10, 1984, Reg; January 29, 2021, Susp.......do  Do.
Winchester, City of, Independent City.510173September 6, 1974, Emerg; November 15, 1978, Reg; January 29, 2021, Susp.......do  Do.
Region IV
Kentucky:
Bell County, Unincorporated Areas.210010March 28, 1975, Emerg; February 18, 1981, Reg; January 29, 2021, Susp.......do  Do.
Boyd County, Unincorporated Areas.210016December 12, 1975, Emerg; December 2, 1980, Reg; January 29, 2021, Susp.......do  Do.
Pineville, City of, Bell County.210012November 21, 1973, Emerg; June 1, 1978, Reg; January 29, 2021, Susp.......do  Do.
South Carolina:
Awendaw, Town of, Charleston County.450262N/A, Emerg; June 28, 1993, Reg; January 29, 2021, Susp.......do  Do.
Charleston, City of, Berkeley and Charleston Counties.455412October 30, 1970, Emerg; April 9, 1971, Reg; January 29, 2021, Susp.......do  Do.
Folly Beach, City of, Charleston County.455415September 11, 1970, Emerg; April 2, 1971, Reg; January 29, 2021, Susp.......do  Do.
Hollywood, Town of, Charleston County.450037February 18, 1986, Emerg; June 17, 1986, Reg; January 29, 2021, Susp.......do  Do.
Isle of Palms, City of, Charleston County.455416September 4, 1970, Emerg; April 2, 1971, Reg; January 29, 2021, Susp.......do  Do.
James Island, Town of, Charleston County.450263June 30, 1970, Emerg; July 10, 2017, Reg; January 29, 2021, Susp.......do  Do.
Kiawah Island, Town of, Charleston County.450257June 30, 1970, Emerg; April 23, 1971, Reg; January 29, 2021, Susp.......do  Do.
McClellanville, Town of, Charleston County.450039December 16, 1975, Emerg; March 16, 1981, Reg; January 29, 2021, Susp.......do  Do.
Rockville, Town of, Charleston County.450249N/A, Emerg; March 9, 1998, Reg; January 29, 2021, Susp.......do  Do.
Sullivan's Island, Town of, Charleston County.455418September 18, 1970, Emerg; April 2, 1971, Reg; January 29, 2021, Susp.......do  Do.
Region V
Indiana: Evansville, City of, Vanderburgh County.180257June 25, 1971, Emerg; October 15, 1981, Reg; January 29, 2021, Susp.......do  Do.
Region VI
Texas:
Fort Bend County, Unincorporated Areas.480228N/A, Emerg; March 19, 1987, Reg; January 29, 2021, Susp.......do  Do.
Fulshear, City of, Fort Bend County.481488April 3, 1981, Emerg; July 31, 1981, Reg; January 29, 2021, Susp.......do  Do.
Rosenberg, City of, Fort Bend County.480232July 21, 1975, Emerg; December 4, 1984, Reg; January 29, 2021, Susp.......do  Do.
Simonton, City of, Fort Bend County.481564March 4, 1980, Emerg; August 4, 1987, Reg; January 29, 2021, Susp.......do  Do.
Start Printed Page 7512
Region VII
Iowa:
Bremer County, Unincorporated Areas.190847August 12, 1980, Emerg; July 16, 1990, Reg; January 29, 2021, Susp.......do  Do.
Chillicothe, City of, Wapello County.190269January 25, 2007, Emerg; N/A, Reg; January 29, 2021, Susp.......do  Do.
Denver, City of, Bremer County.190026May 27, 1975, Emerg; July 16, 1990, Reg; January 29, 2021, Susp.......do  Do.
Dunlap, City of, Harrison County.190144June 25, 1975, Emerg; September 18, 1985, Reg; January 29, 2021, Susp.......do  Do.
Eddyville, City of, Mahaska, Monroe and Wapello Counties.190270October 20, 1975, Emerg; August 1, 1987, Reg; January 29, 2021, Susp.......do  Do.
Eldon, City of, Wapello County.190271January 27, 1976, Emerg; May 1, 1987, Reg; January 29, 2021, Susp.......do  Do.
Frederika, City of, Bremer County.190027N/A, Emerg; December 7, 1990, Reg; January 29, 2021, Susp.......do  Do.
Harrison County, Unincorporated Areas.190143January 14, 1998, Emerg; August 9, 2000, Reg; January 29, 2021, Susp.......do  Do.
Janesville, City of, Bremer and Black Hawk Counties.190023May 28, 1982, Emerg; July 16, 1990, Reg; January 29, 2021, Susp.......do  Do.
Little Sioux, City of, Harrison County.190145September 25, 1975, Emerg; August 19, 1985, Reg; January 29, 2021, Susp.......do  Do.
Missouri Valley, City of, Harrison County.190147May 26, 1972, Emerg; August 1, 1977, Reg; January 29, 2021, Susp.......do  Do.
Modale, City of, Harrison County.190148April 18, 2012, Emerg; April 27, 2012, Reg; January 29, 2021, Susp.......do  Do.
Mondamin, City of, Harrison County.190149May 22, 1975, Emerg; June 10, 1980, Reg; January 29, 2021, Susp.......do  Do.
Plainfield, City of, Bremer County.190327June 18, 1979, Emerg; March 1, 1986, Reg; January 29, 2021, Susp.......do  Do.
Sumner, City of, Bremer County.190029August 8, 1975, Emerg; July 16, 1990, Reg; January 29, 2021, Susp.......do  Do.
Tripoli, City of, Bremer County.190669N/A, Emerg; September 28, 1994, Reg; January 29, 2021, Susp.......do  Do.
Wapello County, Unincorporated Areas.190911May 23, 1983, Emerg; June 1, 1987, Reg; January 29, 2021, Susp.......do  Do.
Waverly, City of, Bremer County.190030May 2, 1975, Emerg; March 2, 1981, Reg; January 29, 2021, Susp.......do  Do.
Kansas:
Hutchinson, City of, Reno County.200283January 19, 1973, Emerg; September 5, 1978, Reg; January 29, 2021, Susp.......do  Do.
Nickerson, City of, Reno County.200284January 16, 1975, Emerg; January 3, 1979, Reg; January 29, 2021, Susp.......do  Do.
South Hutchinson, City of, Reno County.200530August 7, 1975, Emerg; September 28, 1990, Reg; January 29, 2021, Susp.......do  Do.
Willowbrook, City of, Reno County.200285May 1, 1975, Emerg; August 1, 1986, Reg; January 29, 2021, Susp.......do  Do.
Missouri: Wayland, City of, Clark County.290084September 4, 1975, Emerg; September 4, 1986, Reg; January 29, 2021, Susp.......do  Do.
Region IX
California:
Ojai, City of, Ventura County.060416June 18, 1975, Emerg; October 17, 1978, Reg; January 29, 2021, Susp.......do  Do.
Port Hueneme, City of, Ventura County.065051May 14, 1971, Emerg; September 24, 1984, Reg; January 29, 2021, Susp.......do  Do.
San Buenaventura, City of, Ventura County.060419November 27, 1970, Emerg; September 29, 1986, Reg; January 29, 2021, Susp.......do  Do.
* do = Ditto.
 Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

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. 2021-01992 Filed 1-28-21; 8:45 am]

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