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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 Start Printed Page 14546Management 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.

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 Start Printed Page 14547
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain federal assist ance no longer available in SFHAs
Region 3
Virginia:
Greene County, Unincorporated Areas510200April 11, 1974, Emerg; September 10, 1984, Reg; March 23, 2021, Susp.March 23, 2021March 23, 2021.
Stanardsville, Town of, Greene County510251June 19, 1974, Emerg; December 26, 1978, Reg; March 23, 2021, Susp.......do  Do.
Region 4
Kentucky:
Crestwood, City of, Oldham County210027N/A, Emerg; July 27, 2006, Reg; March 23, 2021, Susp.......do  Do.
Oldham County, Unincorporated Areas210185March 10, 1972, Emerg; August 19, 1987, Reg; March 23, 2021, Susp.......do  Do.
Orchard Grass Hills, City of, Oldham County210398N/A, Emerg; November 28, 2007, Reg; March 23, 2021, Susp.......do  Do.
Mississippi:
Bolivar County, Unincorporated Areas280011May 4, 1973, Emerg; July 17, 1989, Reg; March 23, 2021, Susp.......do  Do.
Isola, Town of, Humphreys County280190January 14, 1974, Emerg; July 3, 1978, Reg; March 23, 2021, Susp.......do  Do.
Moorhead, City of, Sunflower County280166May 24, 1973, Emerg; April 17, 1978, Reg; March 23, 2021, Susp.......do  Do.
Renova, Town of, Bolivar County280065July 10, 2012, Emerg; March 21, 2017, Reg; March 23, 2021, Susp.......do  Do.
Sharkey County, Unincorporated Areas280152May 14, 1973, Emerg; July 17, 1986, Reg; March 23, 2021, Susp.......do  Do.
Sunflower, Town of, Sunflower County280168May 14, 1973, Emerg; July 17, 1978, Reg; March 23, 2021, Susp.......do  Do.
Sunflower County, Unincorporated Areas280195May 4, 1973, Emerg; September 28, 1979, Reg; March 23, 2021, Susp.......do  Do.
Washington County, Unincorporated Areas280177May 4, 1973, Emerg; September 3, 1980, Reg; March 23, 2021, Susp.......do  Do.
South Carolina:
Beaufort, City of, Beaufort County450026November 27, 1970, Emerg; May 2, 1977, Reg; March 23, 2021, Susp.......do  Do.
Bluffton, Town of, Beaufort County450251N/A, Emerg; August 24, 1993, Reg; March 23, 2021, Susp.......do  Do.
Hardeeville, City of, Beaufort and Jasper Counties450113May 27, 1975, Emerg; September 1, 1987, Reg; March 23, 2021, Susp.......do  Do.
Hilton Head Island, Town of, Beaufort County450250October 9, 1970, Emerg; September 12, 1984, Reg; March 23, 2021, Susp.......do  Do.
Port Royal, Town of, Beaufort County450028September 10, 1971, Emerg; April 15, 1977, Reg; March 23, 2021, Susp.......do  Do.
Yemassee, Town of, Beaufort and Hampton Counties450103June 17, 1975, Emerg; September 1, 1986, Reg; March 23, 2021, Susp.......do  Do.
Region 5
Michigan:
Blaine, Township of, Benzie County260027N/A, Emerg; October 21, 2009, Reg; March 23, 2021, Susp.......do  Do.
Frankfort, City of, Benzie County260029October 30, 1974, Emerg; March 18, 1991, Reg; March 23, 2021, Susp.......do  Do.
Lake, Township of, Benzie County260030July 17, 1974, Emerg; June 5, 1989, Reg; March 23, 2021, Susp.......do  Do.
Minnesota:
Alvarado, City of, Marshall County270267April 15, 1975, Emerg; January 16, 1981, Reg; March 23, 2021, Susp.......do  Do.
Start Printed Page 14548
Argyle, City of, Marshall County270268April 24, 1974, Emerg; December 15, 1982, Reg; March 23, 2021, Susp.......do  Do.
Grygla, City of, Marshall County270269May 24, 1974, Emerg; September 30, 1982, Reg; March 23, 2021, Susp.......do  Do.
Marshall County, Unincorporated Areas270638May 15, 1974, Emerg; July 18, 1983, Reg; March 23, 2021, Susp.......do  Do.
Middle River, City of, Marshall County270270August 22, 1983, Emerg; February 1, 1984, Reg; March 23, 2021, Susp.......do  Do.
Newfolden, City of, Marshall County270271July 24, 1974, Emerg; June 22, 1984, Reg; March 23, 2021, Susp.......do  Do.
Oslo, City of, Marshall County270272May 15, 1974, Emerg; September 16, 1982, Reg; March 23, 2021, Susp.......do  Do.
Stephen, City of, Marshall County270273April 26, 1974, Emerg; September 16, 1982, Reg; March 23, 2021, Susp.......do  Do.
Warren, City of, Marshall County270274May 15, 1974, Emerg; February 18, 1981, Reg; March 23, 2021, Susp.......do  Do.
Region 7
Iowa:
Bettendorf, City of, Scott County190240February 4, 1972, Emerg; June 1, 1978, Reg; March 23, 2021, Susp.......do  Do.
Buffalo, City of, Scott County190241September 26, 1974, Emerg; September 17, 1980, Reg; March 23, 2021, Susp.......do  Do.
Davenport, City of, Scott County190242July 25, 1973, Emerg; March 1, 1978, Reg; March 23, 2021, Susp.......do  Do.
Donahue, City of, Scott County190505February 10, 1988, Emerg; May 1, 1990, Reg; March 23, 2021, Susp.......do  Do.
Eldridge, City of, Scott County190574October 30, 1990, Emerg; September 1, 1991, Reg; March 23, 2021, Susp.......do  Do.
Le Claire, City of, Scott County190243August 8, 1974, Emerg; August 15, 1980, Reg; March 23, 2021, Susp.......do  Do.
McCausland, City of, Scott County190771N/A, Emerg; August 7, 2012, Reg; March 23, 2021, Susp.......do  Do.
Panorama Park, City of, Scott County190506N/A, Emerg; December 17, 1990, Reg; March 23, 2021, Susp.......do  Do.
Princeton, City of, Scott County190244July 30, 1974, Emerg; November 1, 1979, Reg; March 23, 2021, Susp.......do  Do.
Riverdale, City of, Scott County190245July 7, 1975, Emerg; January 5, 1978, Reg; March 23, 2021, Susp.......do  Do.
Scott County, Unincorporated Areas190239December 30, 1971, Emerg; June 1, 1977, Reg; March 23, 2021, Susp.......do  Do.
Walcott, City of, Muscatine and Scott Counties190675July 29, 1998, Emerg; November 7, 2001, Reg; March 23, 2021, Susp.......do  Do.
Region 8
Utah:
Coalville, City of, Summit County490135July 24, 1975, Emerg; January 30, 1984, Reg; March 23, 2021, Susp.......do  Do.
Henefer, Town of, Summit County490136July 23, 1975, Emerg; May 20, 1980, Reg; March 23, 2021, Susp.......do  Do.
Oakley, City of, Summit County490138June 11, 1975, Emerg; September 24, 1984, Reg; March 23, 2021, Susp.......do  Do.
Park City, City of, Summit County490139May 8, 1975, Emerg; July 16, 1987, Reg; March 23, 2021, Susp.......do  Do.
Start Printed Page 14549
Summit County, Unincorporated Areas490134June 10, 1975, Emerg; July 17, 1986, Reg; March 23, 2021, Susp.
Region 10
Oregon:
Douglas County, Unincorporated Areas410059December 3, 1971, Emerg; December 15, 1978, Reg; March 23, 2021, Susp.......do  Do.
Seneca, City of, Grant County410081May 22, 1975, Emerg; September 24, 1984, Reg; March 23, 2021, Susp.......do  Do.
* Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Eric J. Letvin,

Deputy 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. 2021-05406 Filed 3-16-21; 8:45 am]

BILLING CODE 9110-12-P