2021-05406. 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 assist ance no longer available in SFHAs
Region 3
Virginia:
Greene County, Unincorporated Areas	510200	April 11, 1974, Emerg; September 10, 1984, Reg; March 23, 2021, Susp.	March 23, 2021	March 23, 2021.
Stanardsville, Town of, Greene County	510251	June 19, 1974, Emerg; December 26, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Region 4
Kentucky:
Crestwood, City of, Oldham County	210027	N/A, Emerg; July 27, 2006, Reg; March 23, 2021, Susp.	......do	Do.
Oldham County, Unincorporated Areas	210185	March 10, 1972, Emerg; August 19, 1987, Reg; March 23, 2021, Susp.	......do	Do.
Orchard Grass Hills, City of, Oldham County	210398	N/A, Emerg; November 28, 2007, Reg; March 23, 2021, Susp.	......do	Do.
Mississippi:
Bolivar County, Unincorporated Areas	280011	May 4, 1973, Emerg; July 17, 1989, Reg; March 23, 2021, Susp.	......do	Do.
Isola, Town of, Humphreys County	280190	January 14, 1974, Emerg; July 3, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Moorhead, City of, Sunflower County	280166	May 24, 1973, Emerg; April 17, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Renova, Town of, Bolivar County	280065	July 10, 2012, Emerg; March 21, 2017, Reg; March 23, 2021, Susp.	......do	Do.
Sharkey County, Unincorporated Areas	280152	May 14, 1973, Emerg; July 17, 1986, Reg; March 23, 2021, Susp.	......do	Do.
Sunflower, Town of, Sunflower County	280168	May 14, 1973, Emerg; July 17, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Sunflower County, Unincorporated Areas	280195	May 4, 1973, Emerg; September 28, 1979, Reg; March 23, 2021, Susp.	......do	Do.
Washington County, Unincorporated Areas	280177	May 4, 1973, Emerg; September 3, 1980, Reg; March 23, 2021, Susp.	......do	Do.
South Carolina:
Beaufort, City of, Beaufort County	450026	November 27, 1970, Emerg; May 2, 1977, Reg; March 23, 2021, Susp.	......do	Do.
Bluffton, Town of, Beaufort County	450251	N/A, Emerg; August 24, 1993, Reg; March 23, 2021, Susp.	......do	Do.
Hardeeville, City of, Beaufort and Jasper Counties	450113	May 27, 1975, Emerg; September 1, 1987, Reg; March 23, 2021, Susp.	......do	Do.
Hilton Head Island, Town of, Beaufort County	450250	October 9, 1970, Emerg; September 12, 1984, Reg; March 23, 2021, Susp.	......do	Do.
Port Royal, Town of, Beaufort County	450028	September 10, 1971, Emerg; April 15, 1977, Reg; March 23, 2021, Susp.	......do	Do.
Yemassee, Town of, Beaufort and Hampton Counties	450103	June 17, 1975, Emerg; September 1, 1986, Reg; March 23, 2021, Susp.	......do	Do.
Region 5
Michigan:
Blaine, Township of, Benzie County	260027	N/A, Emerg; October 21, 2009, Reg; March 23, 2021, Susp.	......do	Do.
Frankfort, City of, Benzie County	260029	October 30, 1974, Emerg; March 18, 1991, Reg; March 23, 2021, Susp.	......do	Do.
Lake, Township of, Benzie County	260030	July 17, 1974, Emerg; June 5, 1989, Reg; March 23, 2021, Susp.	......do	Do.
Minnesota:
Alvarado, City of, Marshall County	270267	April 15, 1975, Emerg; January 16, 1981, Reg; March 23, 2021, Susp.	......do	Do.
Argyle, City of, Marshall County	270268	April 24, 1974, Emerg; December 15, 1982, Reg; March 23, 2021, Susp.	......do	Do.
Grygla, City of, Marshall County	270269	May 24, 1974, Emerg; September 30, 1982, Reg; March 23, 2021, Susp.	......do	Do.
Marshall County, Unincorporated Areas	270638	May 15, 1974, Emerg; July 18, 1983, Reg; March 23, 2021, Susp.	......do	Do.
Middle River, City of, Marshall County	270270	August 22, 1983, Emerg; February 1, 1984, Reg; March 23, 2021, Susp.	......do	Do.
Newfolden, City of, Marshall County	270271	July 24, 1974, Emerg; June 22, 1984, Reg; March 23, 2021, Susp.	......do	Do.
Oslo, City of, Marshall County	270272	May 15, 1974, Emerg; September 16, 1982, Reg; March 23, 2021, Susp.	......do	Do.
Stephen, City of, Marshall County	270273	April 26, 1974, Emerg; September 16, 1982, Reg; March 23, 2021, Susp.	......do	Do.
Warren, City of, Marshall County	270274	May 15, 1974, Emerg; February 18, 1981, Reg; March 23, 2021, Susp.	......do	Do.
Region 7
Iowa:
Bettendorf, City of, Scott County	190240	February 4, 1972, Emerg; June 1, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Buffalo, City of, Scott County	190241	September 26, 1974, Emerg; September 17, 1980, Reg; March 23, 2021, Susp.	......do	Do.
Davenport, City of, Scott County	190242	July 25, 1973, Emerg; March 1, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Donahue, City of, Scott County	190505	February 10, 1988, Emerg; May 1, 1990, Reg; March 23, 2021, Susp.	......do	Do.
Eldridge, City of, Scott County	190574	October 30, 1990, Emerg; September 1, 1991, Reg; March 23, 2021, Susp.	......do	Do.
Le Claire, City of, Scott County	190243	August 8, 1974, Emerg; August 15, 1980, Reg; March 23, 2021, Susp.	......do	Do.
McCausland, City of, Scott County	190771	N/A, Emerg; August 7, 2012, Reg; March 23, 2021, Susp.	......do	Do.
Panorama Park, City of, Scott County	190506	N/A, Emerg; December 17, 1990, Reg; March 23, 2021, Susp.	......do	Do.
Princeton, City of, Scott County	190244	July 30, 1974, Emerg; November 1, 1979, Reg; March 23, 2021, Susp.	......do	Do.
Riverdale, City of, Scott County	190245	July 7, 1975, Emerg; January 5, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Scott County, Unincorporated Areas	190239	December 30, 1971, Emerg; June 1, 1977, Reg; March 23, 2021, Susp.	......do	Do.
Walcott, City of, Muscatine and Scott Counties	190675	July 29, 1998, Emerg; November 7, 2001, Reg; March 23, 2021, Susp.	......do	Do.
Region 8
Utah:
Coalville, City of, Summit County	490135	July 24, 1975, Emerg; January 30, 1984, Reg; March 23, 2021, Susp.	......do	Do.
Henefer, Town of, Summit County	490136	July 23, 1975, Emerg; May 20, 1980, Reg; March 23, 2021, Susp.	......do	Do.
Oakley, City of, Summit County	490138	June 11, 1975, Emerg; September 24, 1984, Reg; March 23, 2021, Susp.	......do	Do.
Park City, City of, Summit County	490139	May 8, 1975, Emerg; July 16, 1987, Reg; March 23, 2021, Susp.	......do	Do.
Summit County, Unincorporated Areas	490134	June 10, 1975, Emerg; July 17, 1986, Reg; March 23, 2021, Susp.
Region 10
Oregon:
Douglas County, Unincorporated Areas	410059	December 3, 1971, Emerg; December 15, 1978, Reg; March 23, 2021, Susp.	......do	Do.
Seneca, City of, Grant County	410081	May 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.

Eric J. Letvin,

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