[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Pages 27915-27917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12883]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8533]


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 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

[[Page 27916]]

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:
    Little Silver, Borough of,        340305  September 29,       June 20, 2018.........  June 20, 2018.
     Monmouth County.                          1972, Emerg;
                                               February 1, 1978,
                                               Reg; June 20,
                                               2018, Susp.
    Long Branch, City of,             340307  March 17, 1972,     ......do..............   Do.
     Monmouth County.                          Emerg; May 5,
                                               1976, Reg; June
                                               20, 2018, Susp.
    Middletown, Township of,          340313  May 20, 1974,       ......do..............   Do.
     Monmouth County.                          Emerg; February
                                               15, 1984, Reg;
                                               June 20, 2018,
                                               Susp.
    Monmouth Beach, Borough           340315  July 30, 1971,      ......do..............   Do.
     of, Monmouth County.                      Emerg; May 16,
                                               1977, Reg; June
                                               20, 2018, Susp.
    Oceanport, Borough of,            340320  July 14, 1972,      ......do..............   Do.
     Monmouth County.                          Emerg; February
                                               16, 1977, Reg;
                                               June 20, 2018,
                                               Susp.
    Shrewsbury, Borough of,           340326  July 3, 1975,       ......do..............   Do.
     Monmouth County.                          Emerg; August 1,
                                               1979, Reg; June
                                               20, 2018, Susp.
----------------------------------------------------------------------------------------------------------------
                                                    Region IV
----------------------------------------------------------------------------------------------------------------
Florida:
    Orlando, City of, Orange          120186  August 30, 1974,    ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               June 20, 2018,
                                               Susp.
North Carolina:
    Autryville, Town of,              370358  September 29,       ......do..............   Do.
     Sampson County.                           1980, Emerg;
                                               February 1, 1987,
                                               Reg; June 20,
                                               2018, Susp.
    Beulaville, Town of,              370547  N/A, Emerg;         ......do..............   Do.
     Duplin County.                            December 29,
                                               2008, Reg; June
                                               20, 2018, Susp.
    Clayton, Town of, Johnston        370139  April 2, 1975,      ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1982, Reg; June
                                               20, 2018, Susp.
    Clinton, City of, Sampson         370263  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; July 2,
                                               1975, Reg; June
                                               20, 2018, Susp.
    Cumberland County,                370076  November 3, 1975,   ......do..............   Do.
     Unincorporated Area.                      Emerg; February
                                               17, 1982, Reg;
                                               June 20, 2018,
                                               Susp.
    Duplin County,                    370083  November 29, 1979,  ......do..............   Do.
     Unincorporated Area.                      Emerg; July 4,
                                               1989, Reg; June
                                               20, 2018, Susp.
    Four Oaks, Town of,               370502  N/A, Emerg;         June 20, 2018.........  June 20, 2018.
     Johnston County.                          September 24,
                                               2002, Reg; June
                                               20, 2018, Susp.
    Goldsboro, City of, Wayne         370255  May 29, 1975,       ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1982, Reg; June
                                               20, 2018, Susp.

[[Page 27917]]

 
    Pine Level, Town of,              370505  N/A, Emerg; June    ......do..............   Do.
     Johnston County.                          22, 2005, Reg;
                                               June 20, 2018,
                                               Susp.
    Sampson County,                   370220  March 29, 1982,     ......do..............   Do.
     Unincorporated Area.                      Emerg; July 16,
                                               1991, Reg; June
                                               20, 2018, Susp.
    Wallace, Town of, Duplin          370084  April 3, 1975,      ......do..............   Do.
     and Pender Counties.                      Emerg; April 2,
                                               1986, Reg; June
                                               20, 2018, Susp.
    Warsaw, Town of, Duplin           370633  December 29, 2005,  ......do..............   Do.
     County.                                   Emerg; July 17,
                                               2006, Reg; June
                                               20, 2018, Susp.
    Wayne County,                     370254  N/A, Emerg;         ......do..............   Do.
     Unincorporated Area.                      September 16,
                                               1991, Reg; June
                                               20, 2018, Susp.
----------------------------------------------------------------------------------------------------------------
                                                    Region V
----------------------------------------------------------------------------------------------------------------
Ohio:
    Fort Jennings, Village of,        390468  September 26,       ......do..............   Do.
     Putnam County.                            1978, Emerg;
                                               March 9, 1984,
                                               Reg; June 20,
                                               2018, Susp.
    Gilboa, Village of, Putnam        390469  June 20, 1979,      ......do..............   Do.
     County.                                   Emerg; May 16,
                                               1995, Reg; June
                                               20, 2018, Susp.
    Glandorf, Village of,             390470  January 16, 1975,   ......do..............   Do.
     Putnam County.                            Emerg; March 9,
                                               1984, Reg; June
                                               20, 2018, Susp.
    Kalida, Village of, Putnam        390471  May 9, 1978,        ......do..............   Do.
     County.                                   Emerg; October 5,
                                               1984, Reg; June
                                               20, 2018, Susp.
    Ottawa, Village of, Putnam        390472  December 27, 1974,  ......do..............   Do.
     County.                                   Emerg; February
                                               15, 1979, Reg;
                                               June 20, 2018,
                                               Susp.
    Ottoville, Village of,            390473  June 2, 1975,       ......do..............   Do.
     Putnam County.                            Emerg; August 1,
                                               1987, Reg; June
                                               20, 2018, Susp.
    Pandora, Village of,              390474  September 5, 1974,  ......do..............   Do.
     Putnam County.                            Emerg; November
                                               1, 1978, Reg;
                                               June 20, 2018,
                                               Susp.
    Putnam County,                    390465  April 18, 1984,     ......do..............   Do.
     Unincorporated Area.                      Emerg; December
                                               5, 1990, Reg;
                                               June 20, 2018,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
                                                    Region X
----------------------------------------------------------------------------------------------------------------
Oregon:
    Cannon Beach, City of,            410029  March 6, 1974,      June 20, 2018.........  June 20, 2018.
     Clatsop County.                           Emerg; September
                                               1, 1978, Reg;
                                               June 20, 2018,
                                               Susp.
    Clatsop County,                   410027  February 7, 1974,   ......do..............   Do.
     Unincorporated Area.                      Emerg; July 3,
                                               1978, Reg; June
                                               20, 2018, Susp.
    Gearhart, City of, Clatsop        410030  April 11, 1974,     ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1978, Reg; June
                                               20, 2018, Susp.
    Seaside, City of, Clatsop         410032  March 25, 1974,     ......do..............   Do.
     County.                                   Emerg; September
                                               5, 1979, Reg;
                                               June 20, 2018,
                                               Susp.
    Warrenton, City of,               410033  July 16, 1975,      ......do..............   Do.
     Clatsop County.                           Emerg; May 15,
                                               1978, Reg; June
                                               20, 2018, Susp.
    Washington: San Juan              530149  December 8, 1986,   ......do..............   Do.
     County, Unincorporated                    Emerg; March 1,
     Area.                                     1991, Reg; June
                                               20, 2018, Susp.
----------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: June 4, 2018.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2018-12883 Filed 6-14-18; 8:45 am]
BILLING CODE 9110-12-P


