[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24726-24729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11166]


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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-8581]


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

[[Page 24727]]

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 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            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
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           Region II
New York:
    Akron, Village of, Erie           361553  May 2, 1975,        June 7, 2019..........  June 7, 2019.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               June 7, 2019,
                                               Susp.

[[Page 24728]]

 
    Alden, Town of, Erie              360225  December 26, 1973,  ......do *............   Do.
     County.                                   Emerg; June 1,
                                               1981, Reg; June
                                               7, 2019, Susp.
    Alden, Village of, Erie           360224  August 28, 1974,    ......do..............   Do.
     County.                                   Emerg; January 6,
                                               1984, Reg; June
                                               7, 2019, Susp.
    Amherst, Town of, Erie            360226  August 9, 1974,     ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1984, Reg;
                                               June 7, 2019,
                                               Susp.
    Angola, Village of, Erie          360982  April 14, 1975,     ......do..............   Do.
     County.                                   Emerg; May 18,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Blasdell, Village of, Erie        361489  December 16, 1975,  ......do..............   Do.
     County.                                   Emerg; June 25,
                                               1976, Reg; June
                                               7, 2019, Susp.
    Brant, Town of, Erie              360229  August 4, 1975,     ......do..............   Do.
     County.                                   Emerg; January 6,
                                               1984, Reg; June
                                               7, 2019, Susp.
    Buffalo, City of, Erie            360230  January 16, 1974,   ......do..............   Do.
     County.                                   Emerg; November
                                               18, 1981, Reg;
                                               June 7, 2019,
                                               Susp.
    Cheektowaga, Town of, Erie        360231  February 4, 1972,   ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1977, Reg; June
                                               7, 2019, Susp.
    Clarence, Town of, Erie           360232  April 4, 1975,      ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1982, Reg; June
                                               7, 2019, Susp.
    Colden, Town of, Erie             360233  May 27, 1975,       ......do..............   Do.
     County.                                   Emerg; July 2,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Collins, Town of, Erie            360234  May 26, 1972,       ......do..............   Do.
     County.                                   Emerg; May 16,
                                               1977, Reg; June
                                               7, 2019, Susp.
    Concord, Town of, Erie            360235  July 1, 1975,       ......do..............   Do.
     County.                                   Emerg; February
                                               27, 1984, Reg;
                                               June 7, 2019,
                                               Susp.
    Depew, Village of, Erie           360236  December 24, 1974,  ......do..............   Do.
     County.                                   Emerg; August 3,
                                               1981, Reg; June
                                               7, 2019, Susp.
    East Aurora, Village of,          365335  December 23, 1971,  ......do..............   Do.
     Erie County.                              Emerg; July 20,
                                               1973, Reg; June
                                               7, 2019, Susp.
    Elma, Town of, Erie County        360239  February 4, 1972,   ......do..............   Do.
                                               Emerg; June 1,
                                               1977, Reg; June
                                               7, 2019, Susp.
    Evans, Town of, Erie              360240  April 21, 1972,     June 7, 2019..........  June 7, 2019.
     County.                                   Emerg; September
                                               30, 1977, Reg;
                                               June 7, 2019,
                                               Susp.
    Gowanda, Village of,              360075  June 23, 1972,      ......do..............   Do.
     Cattaraugus and Erie                      Emerg; June 1,
     Counties.                                 1977, Reg; June
                                               7, 2019, Susp.
    Grand Island, Town of,            360242  September 6, 1974,  ......do..............   Do.
     Erie County.                              Emerg; January
                                               16, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Hamburg, Town of, Erie            360244  May 23, 1974,       ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Hamburg, Village of, Erie         360243  February 17, 1977,  ......do..............   Do.
     County.                                   Emerg; January
                                               20, 1982, Reg;
                                               June 7, 2019,
                                               Susp.
    Holland, Town of, Erie            360245  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Lancaster, Town of, Erie          360249  May 16, 1974,       ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1981, Reg;
                                               June 7, 2019,
                                               Susp.
    Lancaster, Village of,            360248  May 19, 1975,       ......do..............   Do.
     Erie County.                              Emerg; July 2,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Marilla, Town of, Erie            360250  July 18, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               June 7, 2019,
                                               Susp.
    Newstead, Town of, Erie           360251  July 18, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Orchard Park, Town of,            360255  August 1, 1975,     ......do..............   Do.
     Erie County.                              Emerg; March 16,
                                               1983, Reg; June
                                               7, 2019, Susp.
    Orchard Park, Village of,         360254  July 3, 1975,       ......do..............   Do.
     Erie County.                              Emerg; September
                                               2, 1981, Reg;
                                               June 7, 2019,
                                               Susp.
    Tonawanda, City of, Erie          360259  August 21, 1974,    ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Tonawanda, Town of, Erie          360260  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; August 17,
                                               1981, Reg; June
                                               7, 2019, Susp.
    Wales, Town of, Erie              360261  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               7, 2019, Susp.
    West Seneca, Town of, Erie        360262  March 31, 1972,     ......do..............   Do.
     County.                                   Emerg; February
                                               2, 1977, Reg;
                                               June 7, 2019,
                                               Susp.
    Williamsville, Village of,        360263  July 12, 1974,      ......do..............   Do.
     Erie County.                              Emerg; March 1,
                                               1982, Reg; June
                                               7, 2019, Susp.
           Region IV
Georgia:
    Aragon, City of, Polk             130152  December 19, 1973,  June 7, 2019..........  June 7, 2019.
     County.                                   Emerg; September
                                               2, 1988, Reg;
                                               June 7, 2019,
                                               Susp.

[[Page 24729]]

 
    Canton, City of, Cherokee         130039  April 25, 1975,     ......do..............   Do.
     County.                                   Emerg; July 15,
                                               1988, Reg; June
                                               7, 2019, Susp.
    Cherokee County,                  130424  February 9, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 15,
                                               1988, Reg; June
                                               7, 2019, Susp.
    Columbia County,                  130059  October 2, 1975,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1980, Reg; June
                                               7, 2019, Susp.
    Cumming, City of, Forsyth         130236  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg; June
                                               7, 2019, Susp.
    Dallas, City of, Paulding         130372  December 5, 1996,   ......do..............   Do.
     County.                                   Emerg; November
                                               8, 1999, Reg;
                                               June 7, 2019,
                                               Susp.
    Grovetown, City of,               130265  June 1, 1976,       ......do..............   Do.
     Columbia County.                          Emerg; January
                                               28, 1977, Reg;
                                               June 7, 2019,
                                               Susp.
    Polk County,                      130256  October 7, 1974,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               16, 1988, Reg;
                                               June 7, 2019,
                                               Susp.
    Rockmart, City of, Polk           130154  July 3, 1975,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; June
                                               7, 2019, Susp.
    Woodstock, City of,               130264  January 20, 1976,   ......do..............   Do.
     Cherokee County.                          Emerg; July 15,
                                               1988, Reg; June
                                               7, 2019, Susp.
           Region VI
Arkansas:
    Jacksonville, City of,            050180  November 26, 1973,  ......do..............   Do.
     Pulaski County.                           Emerg; September
                                               29, 1978, Reg;
                                               June 7, 2019,
                                               Susp.
    Little Rock, City of,             050181  March 16, 1973,     ......do..............   Do.
     Pulaski County.                           Emerg; March 4,
                                               1980, Reg; June
                                               7, 2019, Susp.
Oklahoma:
    Enid, City of, Garfield           400062  November 2, 1973,   ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1979, Reg; June
                                               7, 2019, Susp.
    Kingfisher, City of,              400082  December 23, 1971,  ......do..............   Do.
     Kingfisher County.                        Emerg; September
                                               30, 1976, Reg;
                                               June 7, 2019,
                                               Susp.
    Kingfisher County,                400471  January 9, 1987,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               18, 1991, Reg;
                                               June 7, 2019,
                                               Susp.
    Piedmont, City of,                400027  February 4, 1985,   June 7, 2019..........  June 7, 2019.
     Canadian and Kingfisher                   Emerg; February
     Counties.                                 4, 1985, Reg;
                                               June 7, 2019,
                                               Susp.
 
           Region X
Idaho:
    Canyon County,                    160208  June 17, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               28, 1984, Reg;
                                               June 7, 2019,
                                               Susp.
    Middleton, City of, Canyon        160037  May 22, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Notus, City of, Canyon            160147  October 4, 1976,    ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1980, Reg; June
                                               7, 2019, Susp.
    Parma, City of, Canyon            160039  July 27, 1976,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1980, Reg;
                                               June 7, 2019,
                                               Susp.
    Star, City of, Ada and            160236  N/A, Emerg;         ......do..............   Do.
     Canyon Counties.                          September 6,
                                               2002, Reg; June
                                               7, 2019, Susp.
Washington:
    Hoh Indian Tribe, Tribe           530329  April 25, 1997,     ......do..............   Do.
     of, Jefferson County.                     Emerg; N/A, Reg;
                                               June 7, 2019,
                                               Susp.
    Jefferson County,                 530069  April 2, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 19,
                                               1982, Reg; June
                                               7, 2019, Susp.
    Port Townsend, City of,           530070  June 11, 1975,      June 7, 2019..........  June 7, 2019.
     Jefferson County.                         Emerg; March 15,
                                               1982, Reg; June
                                               7, 2019, Susp.
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* ......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: May 17, 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. 2019-11166 Filed 5-28-19; 8:45 am]
 BILLING CODE 9110-12-P


