September 18, 2020 No comments

Suspension of Community Eligibility

Federal Register

Final rule.

CFR Part: "44 CFR Part 64"

Citation: "85 FR 58294"

Document Number: "Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8645"

Page Number: "58294"

"Rules and Regulations"

Agency: "Federal Emergency Management Agency, DHS."

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, (202) 674-1087.

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.

SEC 64.6[Amended]

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

                                                                                                                                                                                                         State and location                      Community                               Effective date                          Current effective map date              Date certain                                                                     No.                                     authorization/cancellation of sale of                                           Federal assistance no                                                                                                    flood insurance in community                                                    longer available in SFHAs                Region VII                                                                                                                                                                                               Iowa:                                                                                                                                                                                                    Allamakee County, Unincorporated Areas  190005                                  N/A, Emerg; July 19, 2011, Reg;         September 18, 2020                      September 18, 2020.                                                                                                      September 18, 2020, Susp                                                                                                 Harpers Ferry, City of, Allamakee       190316                                  November 19, 1993, Emerg; July 1, 1997, ......do                                  Do.                                County                                                                          Reg; September 18, 2020, Susp                                                                                            Lansing, City of, Allamakee County      190006                                  N/A, Emerg; October 4, 2010, Reg;       ......do                                  Do.                                                                                                                September 18, 2020, Susp                                                                                                 Postville, City of, Allamakee County    190641                                  N/A, Emerg; October 4, 2010, Reg;       ......do                                  Do.                                                                                                                September 18, 2020, Susp                                                                                                 Waterville, City of, Allamakee County   190317                                  N/A, Emerg; May 30, 2012, Reg;          ......do                                  Do.                                                                                                                September 18, 2020, Susp                                                                                                 Region IX                                                                                                                                                                                                Arizona:                                                                                                                                                                                                 Goodyear, City of, Maricopa County      040046                                  August 8, 1975, Emerg; July 16, 1979,   ......do                                  Do.                                                                                                                Reg; September 18, 2020, Susp                                                                                            Region X                                                                                                                                                                                                 Alaska:                                                                                                                                                                                                  Fairbanks North Star, Borough of,       025009                                  May 15, 1970, Emerg; May 15, 1970, Reg; ......do                                  Do.                                Fairbanks North Star                                                            September 18, 2020, Susp                                                                                                 Juneau, City and Borough of             020009                                  May 22, 1970, Emerg; February 4, 1981,  ......do                                  Do.                                                                                                                Reg; September 18, 2020, Susp                                                                                            Washington:                                                                                                                                                                                              Chehalis Reservation, Confederated      530334                                  November 28, 1997, Emerg; February 3,   ......do                                  Do.                                Tribes of, Grays Harbor County                                                  2017, Reg; September 18, 2020, Susp                                                                                      Elma, City of, Grays Harbor County      530060                                  July 29, 1975, Emerg; August 19, 1985,  ......do                                  Do.                                                                                                                Reg; September 18, 2020, Susp                                                                                            Grays Harbor County, Unincorporated     530057                                  April 24, 1974, Emerg; September 29,    ......do                                  Do.                                Areas                                                                           1986, Reg; September 18, 2020, Susp                                                                                      Montesano, City of, Grays Harbor County 530063                                  June 12, 1975, Emerg; May 10, 1977,     ......do                                  Do.                                                                                                                Reg; September 18, 2020, Susp                                                                                            Oakville, City of, Grays Harbor County  530064                                  November 11, 1975, Emerg; June 19,      ......do                                  Do.                                                                                                                1985, Reg; September 18, 2020, Susp                                                                                       *......do and 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.

[FR Doc. 2020-20030 Filed 9-17-20; 8:45 am]

BILLING CODE 9110-12-P