Page Range | 42600-42603 | |
FR Document | 2018-18150 |
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)] [Rules and Regulations] [Pages 42600-42603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18150] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8543] 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: 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 [[Page 42601]] 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 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: ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ Community cancellation of Current effective map Date certain Federal State and location No. sale of flood date assistance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region II New Jersey: Brigantine, City of, 345286 May 15, 1970, August 28, 2018....... August 28, 2018. Atlantic County. Emerg; June 18, 1971, Reg; August 28, 2018, Susp. Buena, Borough of, 340004 January 17, 1975, ......do.............. Do. Atlantic County. Emerg; March 4, 1983, Reg; August 28, 2018, Susp. Hamilton, Township of, 340009 November 26, ......do.............. Do. Atlantic County. 1971, Emerg; March 15, 1977, Reg; August 28, 2018, Susp. Hammonton, Town of, 340010 July 7, 1975, ......do.............. Do. Atlantic County. Emerg; January 6, 1982, Reg; August 28, 2018, Susp. Linwood, City of, Atlantic 340011 March 27, 1974, ......do.............. Do. County. Emerg; January 19, 1983, Reg; August 28, 2018, Susp. Longport, Borough of, 345302 July 10, 1970, ......do.............. Do. Atlantic County. Emerg; June 18, 1971, Reg; August 28, 2018, Susp. Margate City, City of, 345304 July 10, 1970, ......do.............. Do. Atlantic County. Emerg; June 19, 1971, Reg; August 28, 2018, Susp. [[Page 42602]] Weymouth, Township of, 340536 August 13, 1975, ......do.............. Do. Atlantic County. Emerg; August 10, 1979, Reg; August 28, 2018, Susp. Region IV North Carolina: Belville, Town of, 370545 September 15, ......do.............. Do. Brunswick County. 2003, Emerg; June 2, 2006, Reg; August 28, 2018, Susp. Holden Beach, Town of, 375352 March 19, 1971, ......do.............. Do. Brunswick County. Emerg; May 26, 1972, Reg; August 28, 2018, Susp. Navassa, Town of, 370593 May 19, 2005, ......do.............. Do. Brunswick County. Emerg; June 2, 2006, Reg; August 28, 2018, Susp. Shallotte, Town of, 370388 July 1, 1975, ......do.............. Do. Brunswick County. Emerg; January 3, 1986, Reg; August 28, 2018, Susp. Varnamtown, Town of, 370648 N/A, Emerg; May ......do.............. Do. Brunswick County. 30, 2001, Reg; August 28, 2018, Susp. Region V Michigan: Acme, Township of, Grand 260749 March 3, 1986, August 28, 2018....... August 28, 2018. Traverse County. Emerg; December 18, 1986, Reg; August 28, 2018, Susp. Bingham, Township of, 260772 August 29, 1986, ......do.............. Do. Leelanau County. Emerg; September 18, 1987, Reg; August 28, 2018, Susp. Cleveland, Township of, 260302 July 18, 1974, ......do.............. Do. Leelanau County. Emerg; September 1, 1986, Reg; August 28, 2018, Susp. Elmwood, Township of, 260113 July 2, 1975, ......do.............. Do. Leelanau County. Emerg; February 2, 1983, Reg; August 28, 2018, Susp. Empire, Township of, 260765 June 16, 1986, ......do.............. Do. Leelanau County. Emerg; September 4, 1986, Reg; August 28, 2018, Susp. Empire, Village of, 260605 April 8, 1975, ......do.............. Do. Leelanau County. Emerg; November 15, 1985, Reg; August 28, 2018, Susp. Garfield, Charter Township 260753 April 25, 1986, ......do.............. Do. of, Grand Traverse County. Emerg; December 18, 1986, Reg; August 28, 2018, Susp. Glen Arbor, Township of, 260604 March 7, 1975, ......do.............. Do. Leelanau County. Emerg; September 1, 1986, Reg; August 28, 2018, Susp. Leelanau, Township of, 260114 June 5, 1975, ......do.............. Do. Leelanau County. Emerg; April 2, 1986, Reg; August 28, 2018, Susp. Leland, Township of, 260760 May 5, 1986, ......do.............. Do. Leelanau County. Emerg; March 18, 1987, Reg; August 28, 2018, Susp. Northport, Village of, 260580 July 24, 1975, ......do.............. Do. Leelanau County. Emerg; March 2, 1989, Reg; August 28, 2018, Susp. Paradise, Township of, 260830 December 20, ......do.............. Do. Grand Traverse County. 1990, Emerg; May 4, 1992, Reg; August 28, 2018, Susp. Peninsula, Township of, 260747 March 3, 1986, ......do.............. Do. Grand Traverse County. Emerg; December 18, 1986, Reg; August 28, 2018, Susp. Suttons Bay, Township of, 260770 July 21, 1986, ......do.............. Do. Leelanau County. Emerg; April 3, 1987, Reg; August 28, 2018, Susp. Suttons Bay, Village of, 260283 September 17, August 28, 2018....... August 28, 2018. Leelanau County. 1973, Emerg; June 1, 1977, Reg; August 28, 2018, Susp. Traverse City, City of, 260082 August 8, 1975, ......do.............. Do. Grand Traverse and Emerg; December Leelanau Counties. 15, 1982, Reg; August 28, 2018, Susp. Union, Township of, Grand 260805 April 23, 1987, ......do.............. Do. Traverse County. Emerg; September 30, 1988, Reg; August 28, 2018, Susp. Whitewater, Township of, 260794 January 29, 1987, ......do.............. Do. Grand Traverse County. Emerg; September 30, 1988, Reg; August 28, 2018, Susp. Region VI Texas: Brown County, 480717 June 6, 1990, ......do.............. Do. Unincorporated Areas. Emerg; March 1, 1991, Reg; August 28, 2018, Susp. Brownwood, City of, Brown 480087 June 20, 1975, ......do.............. Do. County. Emerg; April 15, 1981, Reg; August 28, 2018, Susp. Early, City of, Brown 480088 January 12, 1982, August 28, 2018....... August 28, 2018. County. Emerg; July 1, 1987, Reg; August 28, 2018, Susp. ---------------------------------------------------------------------------------------------------------------- Code for reading third column: Emerg. -- Emergency; Reg. -- Regular; Susp -- Suspension. *-do- =Ditto. [[Page 42603]] Dated: August 9, 2018. Katherine B. Fox, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration--FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2018-18150 Filed 8-22-18; 8:45 am] BILLING CODE 9110-12-P
Category | Regulatory Information | |
Collection | Federal Register | |
sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
Publisher | Office of the Federal Register, National Archives and Records Administration | |
Section | Rules and Regulations | |
Action | Final rule. | |
Dates | The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
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. | |
FR Citation | 83 FR 42600 | |
CFR Associated | Flood Insurance and Floodplains |