2021-01992. 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. 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.

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]. Details regarding updated publication requirements of community eligibility status information under the NFIP can be found on the CSB section at www.fema.gov.

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.

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

Katherine B. Fox,

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