[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28290-28292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10899]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8681]


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. Information identifying the current participation status of a 
community can be obtained from FEMA's CSB available at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Please note that 
per Revisions to Publication Requirements for Community Eligibility 
Status Information Under the National Flood Insurance Program, notices 
such as this one for scheduled suspension will no longer be published 
in the Federal Register as of June 2021 but will be available at 
National Flood Insurance Community Status and Public Notification 
[verbar] FEMA.gov. Individuals without internet access will be able to 
contact their local floodplain management official and/or State NFIP

[[Page 28291]]

Coordinating Office directly for assistance.

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. Details 
regarding updated publication requirements of community eligibility 
status information under the NFIP can be found on the CSB section at 
www.fema.gov.

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, new and 
substantially improved construction, and development in general 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 NFIP regulations, 44 CFR part 59. 
Accordingly, the communities will be suspended on the effective date 
listed in the third column. As of that date, flood insurance will no 
longer be available in the community. FEMA recognizes communities may 
adopt and submit the required documentation 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. Their current NFIP participation status can be 
verified at anytime on the CSB section at fema.gov.
    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 published FIRM 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 5
 
Michigan:
    Arcadia, Township of,             260306  September 24,       June 2, 2021..........  June 2, 2021.
     Manistee County.                          1974, Emerg;
                                               September 1,
                                               1986, Reg; June
                                               2, 2021, Susp.
    Manistee, City of,                260131  December 2, 1974,   ......do *............
     Manistee County.                          Emerg; March 18,
                                               1987, Reg; June
                                               2, 2021, Susp.
    Manistee, Township of,            260132  August 19, 1974,    ......do..............
     Manistee County.                          Emerg; November
                                               15, 1989, Reg;
                                               June 2, 2021,
                                               Susp.

[[Page 28292]]

 
    Stronach, Township of,            260801  April 13, 1987,     ......do..............
     Manistee County.                          Emerg; September
                                               30, 1988, Reg;
                                               June 2, 2021,
                                               Susp.
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* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


Eric J. Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration--FEMA Resilience, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2021-10899 Filed 5-25-21; 8:45 am]
BILLING CODE 9110-12-P


