2019-16806. Suspension of Community Eligibility

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:

Effective 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, [phone].

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]

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.

§ 64.6

[Amended]

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

State and location	Community No.	Effective date authorization/ cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region IV
Georgia:
Burke County, Unincorporated Areas	130022	January 13, 1976, Emerg; September 15, 1989, Reg; August 15, 2019, Susp.	Aug. 15, 2019	Aug. 15, 2019.
DeKalb County, Unincorporated Areas	130065	June 5, 1970, Emerg; May 15, 1980, Reg; August 15, 2019, Susp.	......do	Do.
Doraville, City of, DeKalb County	130069	November 27, 1973, Emerg; September 1, 1977, Reg; August 15, 2019, Susp.	......do	Do.
Region V
Michigan:
Adrian, Charter Township of, Lenawee County	260732	October 20, 1982, Emerg; November 16, 1990, Reg; August 15, 2019, Susp.	......do	Do.
Adrian, City of, Lenawee County	260115	April 1, 1975, Emerg; July 19, 1982, Reg; August 15, 2019, Susp.	......do	Do.
Blissfield, Village of, Lenawee County	260339	December 10, 1976, Emerg; July 19, 1982, Reg; August 15, 2019, Susp.	......do	Do.
Deerfield, Township of, Lenawee County	260717	December 21, 1978, Emerg; May 25, 1984, Reg; August 15, 2019, Susp.	......do	Do.
Deerfield, Village of, Lenawee County	260438	September 20, 1976, Emerg; April 1, 1981, Reg; August 15, 2019, Susp.	......do	Do.
Hudson, City of, Lenawee County	260116	June 20, 1975, Emerg; November 4, 1981, Reg; August 15, 2019, Susp.	......do	Do.
Palmyra, Township of, Lenawee County	260737	June 10, 1983, Emerg; May 25, 1984, Reg; August 15, 2019, Susp.	......do	Do.
Minnesota:
Fillmore County, Unincorporated Areas	270124	April 16, 1974, Emerg; September 18, 1987, Reg; August 15, 2019, Susp.	......do	Do.
Preston, City of, Fillmore County	270129	January 10, 1975, Emerg; August 1, 1979, Reg; August 15, 2019, Susp.	......do	Do.
Whalan, City of, Fillmore County	270133	August 23, 1974, Emerg; March 2, 1981, Reg; August 15, 2019, Susp.	......do	Do.
Ohio:
Bay Village, City of, Cuyahoga County	390093	June 14, 1974, Emerg; December 1, 1977, Reg; August 15, 2019, Susp.	......do	Do.
Bratenahl, Village of, Cuyahoga County	390734	June 9, 1975, Emerg; June 15, 1981, Reg; August 15, 2019, Susp.	......do	Do.
Cleveland, City of, Cuyahoga County	390104	July 20, 1973, Emerg; August 1, 1978, Reg; August 15, 2019, Susp.	......do	Do.
Euclid, City of, Cuyahoga County	390107	July 3, 1975, Emerg; August 17, 1981, Reg; August 15, 2019, Susp.	......do	Do.
Lakewood, City of, Cuyahoga County	390112	March 30, 1973, Emerg; February 1, 1978, Reg; August 15, 2019, Susp.	......do	Do.
Rocky River, City of, Cuyahoga County	395372	January 29, 1971, Emerg; September 17, 1971, Reg; August 15, 2019, Susp.	......do	Do.
Region VI
Texas:
Clear Lake Shores, City of, Galveston County	485461	July 31, 1970, Emerg; October 23, 1970, Reg; August 15, 2019, Susp.	......do	Do.
Dickinson, City of, Galveston County	481569	April 8, 1971, Emerg; April 9, 1971, Reg; August 15, 2019, Susp.	......do	Do.
Friendswood, City of, Galveston and Harris Counties	485468	June 5, 1970, Emerg; March 3, 1972, Reg; August 15, 2019, Susp.	......do	Do.
Hitchcock, City of, Galveston County	485479	June 19, 1970, Emerg; November 13, 1970, Reg; August 15, 2019, Susp.	......do	Do.
La Marque, City of, Galveston County	485486	May 29, 1970, Emerg; October 16, 1970, Reg; August 15, 2019, Susp.	......do	Do.
League City, City of, Galveston and Harris Counties	485488	June 5, 1970, Emerg; November 20, 1970, Reg; August 15, 2019, Susp.	......do	Do.
Santa Fe, City of, Galveston County	481562	April 8, 1971, Emerg; April 9, 1971, Reg; August 15, 2019, Susp.	......do	Do.
Texas City, City of, Galveston County	485514	June 5, 1970, Emerg; November 20, 1970, Reg; August 15, 2019, Susp.	......do	Do.
Region VIII
Colorado:
Aspen, City of, Pitkin County	080143	July 2, 1974, Emerg; December 4, 1985, Reg; August 15, 2019, Susp.	......do	Do.
Boone, Town of, Pueblo County	080148	April 28, 1983, Emerg; July 15, 1985, Reg; August 15, 2019, Susp.	......do	Do.
Lafayette, City of, Boulder County	080026	August 7, 1975, Emerg; March 18, 1980, Reg; August 15, 2019, Susp.	......do	Do.
Louisville, City of, Boulder County	085076	March 3, 1972, Emerg; May 4, 1973, Reg; August 15, 2019, Susp.	......do	Do.
Pueblo, City of, Pueblo County	085077	June 18, 1971, Emerg; August 24, 1973, Reg; August 15, 2019, Susp.	......do	Do.
Pueblo County, Unincorporated Areas	080147	June 21, 1974, Emerg; September 29, 1989, Reg; August 15, 2019, Susp.	......do	Do.
Rye, Town of, Pueblo County	080150	May 12, 2010, Emerg; N/A, Reg; August 15, 2019, Susp.	......do	Do.
Superior, Town of, Boulder County	080203	July 15, 1975, Emerg; September 28, 1979, Reg; August 15, 2019, Susp.	......do	Do.
Montana:
Fairview, Town of, Richland County	300064	February 3, 1977, Emerg; May 15, 1986, Reg; August 15, 2019, Susp.	......do	Do.
Sidney, City of, Richland County	300065	December 17, 1974, Emerg; December 4, 1985, Reg; August 15, 2019, Susp.	......do	Do.
* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: July 31, 2019.

Eric Letvin,

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