[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68346-68348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26956]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8609]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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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: 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) 212-3966.
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
[[Page 68347]]
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]
0
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]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
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Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assist- ance no longer
insurance in available in SFHAs
community
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Region V
Minnesota: Halstad, City of, 270324 February 5, 1975, Dec. 20, 2019. Dec. 20, 2019.
Norman County. Emerg; June 15,
1979, Reg;
December 20,
2019, Susp.
Region VI
Texas:
Aransas County, 485452 June 19, 1970, ......do*............. Do.
Unincorporated Areas. Emerg; August 6,
1971, Reg;
December 20,
2019, Susp.
Austin, City of, Hays, 480624 May 9, 1975, ......do.............. Do.
Travis and Williamson Emerg; September
Counties. 2, 1981, Reg;
December 20,
2019, Susp.
Leroy, City of, McLennan 481314 N/A, Emerg; ......do.............. Do
County. January 30,
1980, Reg;
December 20,
2019, Susp.
Mount Calm, City of, Hill 480863 March 16, 2010, ......do.............. Do.
County. Emerg; June 2,
2011, Reg;
December 20,
2019, Susp.
Taylor, City of, Williamson 480670 November 7, 1974, ......do.............. Do.
County. Emerg; March 1,
1982, Reg;
December 20,
2019, Susp.
Weir, City of, Williamson 481674 N/A, Emerg; April ......do.............. Do.
County. 19, 1996, Reg;
December 20,
2019, Susp.
West, City of, McLennan 480931 N/A, Emerg; June ......do.............. Do.
County. 4, 2015, Reg;
December 20,
2019, Susp.
Region VII
Iowa:
Atkins, City of, Benton 190548 N/A, Emerg; June ......do.............. Do.
County. 18, 2010, Reg;
December 20,
2019, Susp.
Beaman, City of, Grundy 190400 July 27, 2005, ......do.............. Do.
County. Emerg; October
19, 2005, Reg;
December 20,
2019, Susp.
Belle Plaine, City of, 190015 May 9, 1975, ......do.............. Do.
Benton County. Emerg; August 1,
1986, Reg;
December 20,
2019, Susp.
Benton County, 190845 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. September 10,
2008, Reg;
December 20,
2019, Susp.
Blairstown, City of, Benton 190320 October 30, 2007, ......do.............. Do.
County. Emerg; June 3,
2008, Reg;
December 20,
2019, Susp.
Conrad, City of, Grundy 190401 N/A, Emerg; March ......do.............. Do.
County. 30, 2009, Reg;
December 20,
2019, Susp.
Dike, City of, Grundy 190402 August 17, 1976, ......do.............. Do.
County. Emerg; August
19, 1986, Reg;
December 20,
2019, Susp.
Ellsworth, City of, 190136 December 29, ......do.............. Do.
Hamilton County. 1975, Emerg;
August 1, 1987,
Reg; December
20, 2019, Susp.
Garrison, City of, Benton 190321 December 12, ......do.............. Do.
County. 2007, Emerg;
June 3, 2008,
Reg; December
20, 2019, Susp.
Grundy Center, City of, 190403 August 15, 2005, ......do.............. Do.
Grundy County. Emerg; October
19, 2005, Reg;
December 20,
2019, Susp.
Grundy County, 190870 N/A, Emerg; April ......do.............. Do.
Unincorporated Areas. 21, 2006, Reg;
December 20,
2019, Susp.
Holland, City of, Grundy 190404 November 7, 1979, ......do.............. Do.
County. Emerg; July 17,
1986, Reg;
December 20,
2019, Susp.
Jewell, City of, Hamilton 190600 September 18, ......do.............. Do.
County. 1996, Emerg;
March 1, 2001,
Reg; December
20, 2019, Susp.
Kamrar, City of, Hamilton 190406 N/A, Emerg; ......do.............. Do.
County. December 6,
2005, Reg;
December 20,
2019, Susp.
Morrison, City of, Grundy 190953 N/A, Emerg; ......do.............. Do.
County. October 31,
2005, Reg;
December 20,
2019, Susp.
Newhall, City of, Benton 190626 N/A, Emerg; ......do.............. Do.
County. August 4, 2011,
Reg; December
20, 2019, Susp.
Norway, City of, Benton 190632 January 21, 1994, ......do.............. Do.
County. Emerg; March 1,
1997, Reg;
December 20,
2019, Susp.
[[Page 68348]]
Reinbeck, City of, Grundy 190646 N/A, Emerg; ......do.............. Do.
County. January 29,
2008, Reg;
December 20,
2019, Susp.
Shellsburg, City of, Benton 190319 September 2, ......do.............. Do.
County. 1993, Emerg;
September 3,
1997, Reg;
December 20,
2019, Susp.
Urbana, City of, Benton 190672 N/A, Emerg; ......do.............. Do.
County. September 12,
2011, Reg;
December 20,
2019, Susp.
Vinton, City of, Benton 190016 July 18, 1974, ......do.............. Do.
County. Emerg; March 2,
1981, Reg;
December 20,
2019, Susp.
Webster City, City of, 190137 August 23, 1974, ......do.............. Do.
Hamilton County. Emerg; August 1,
1978, Reg;
December 20,
2019, Susp.
Wellsburg, City of, Grundy 190680 N/A, Emerg; April ......do.............. Do.
County. 21, 2006, Reg;
December 20,
2019, Susp.
Region VIII
Colorado:
Arvada, City of, Adams and 085072 April 30, 1971, ......do.............. Do.
Jefferson Counties. Emerg; June 23,
1972, Reg;
December 20,
2019, Susp.
Clear Creek County, 080034 November 27, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
March 11, 1980,
Reg; December
20, 2019, Susp.
Georgetown, Town of, Clear 080035 April 9, 1974, ......do.............. Do.
Creek County. Emerg; June 5,
1989, Reg;
December 20,
2019, Susp.
Golden, City of, Jefferson 080090 June 19, 1975, ......do.............. Do.
County. Emerg; May 15,
1985, Reg;
December 20,
2019, Susp.
Idaho Springs, City of, 080036 December 4, 1973, ......do.............. Do.
Clear Creek County. Emerg; November
15, 1978, Reg;
December 20,
2019, Susp.
Jefferson County, 080087 July 5, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1986, Reg;
December 20,
2019, Susp.
Region IX
California:
Carlsbad, City of, San 060285 July 2, 1975, ......do.............. Do.
Diego County. Emerg; June 14,
1977, Reg;
December 20,
2019, Susp.
Chula Vista, City of, San 065021 January 29, 1971, ......do.............. Do.
Diego County. Emerg; August
15, 1983, Reg;
December 20,
2019, Susp.
Coronado, City of, San 060287 February 22, ......do.............. Do.
Diego County. 1974, Emerg;
June 1, 1982,
Reg; December
20, 2019, Susp.
Del Mar, City of, San Diego 060288 May 19, 1975, ......do.............. Do.
County. Emerg; August
15, 1983, Reg;
December 20,
2019, Susp.
Encinitas, City of, San 060726 October 22, 1987, ......do.............. Do.
Diego County. Emerg; July 15,
1988, Reg;
December 20,
2019, Susp.
National City, City of, San 060293 January 28, 1972, ......do.............. Do.
Diego County. Emerg; February
15, 1979, Reg;
December 20,
2019, Susp.
Oceanside, City of, San 060294 June 30, 1975, ......do.............. Do.
Diego County. Emerg; September
5, 1984, Reg;
December 20,
2019, Susp.
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*......do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: December 10, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-26956 Filed 12-13-19; 8:45 am]
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