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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 64
[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8541]
 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 
                    ( print page 38265)
                    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]
 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. § 64.6
 2.The tables published under the authority of § 64.6 are amended as follows: Table 33—Episode-Based Measures Proposed for the 2019 MIPS Performance Period and Future Performance Periods
State and location
Community No.
Effective date authorization/cancellation of sale of flood insurance in community
Current effective map date
Date certain Federal 
                                 assistance no  
                                 longer available in SFHAs**Region IV**Alabama:Ardmore, Town of, Limestone County.
010306
July 9, 1979, Emerg; April 15, 1986, Reg; August 16, 2018, Susp.
Aug. 16, 2018
Aug. 16, 2018.Athens, City of, Limestone County.
010146
April 11, 1974, Emerg; September 28, 1979, Reg; August 16, 2018, Susp.
......do
Do.Decatur, City of, Limestone and Morgan Counties.
010176
November 5, 1973, Emerg; September 5, 1979, Reg; August 16, 2018, Susp.
......do
Do.Falkville, Town of, Morgan County.
010177
May 7, 1974, Emerg; January 3, 1979, Reg; August 16, 2018, Susp.
......do
Do.Hartselle, City of, Morgan County.
010178
February 11, 1971, Emerg; July 17, 1978, Reg; August 16, 2018, Susp.
......do
Do.Huntsville, City of, Limestone and Madison Counties.
010153
March 8, 1974, Emerg; November 1, 1979, Reg; August 16, 2018, Susp.
......do
Do.Limestone County, Unincorporated Areas.
010307
September 2, 1975, Emerg; July 16, 1981, Reg; August 16, 2018, Susp.
......do
Do.Madison, City of, Limestone and Madison Counties.
010308
July 23, 1975, Emerg; December 15, 1978, Reg; August 16, 2018, Susp.
......do
Do.Madison County, Unincorporated Areas.
010151
August 26, 1974, Emerg; July 2, 1981, Reg; August 16, 2018, Susp.
......do
Do.Mooresville, Town of, Limestone County.
010455
December 23, 2008, Emerg; September 21, 2010, Reg; August 16, 2018, Susp.
......do
Do.( print page 38266)Morgan County, Unincorporated Areas.
010175
N/A, Emerg; March 1, 1991, Reg; August 16, 2018, Susp.
......do
Do.New Hope, City of, Madison County.
010154
August 7, 1975, Emerg; November 24, 1978, Reg; August 16, 2018, Susp.
......do
Do.Owens Cross Roads, Town of, Madison County.
010218
August 6, 1974, Emerg; March 2, 1981, Reg; August 16, 2018, Susp.
......do
Do.Priceville, Town of, Morgan County.
010448
N/A, Emerg; November 2, 2010, Reg; August 16, 2018, Susp.
......do
Do.Somerville, Town of, Morgan County.
010363
N/A, Emerg; June 26, 2006, Reg; August 16, 2018, Susp.
......do
Do.Triana, Town of, Madison County.
010155
July 21, 1980, Emerg; September 29, 1986, Reg; August 16, 2018, Susp.
......do
Do.Trinity, Town of, Morgan County.
010309
July 7, 1977, Emerg; November 24, 1978, Reg; August 16, 2018, Susp.
Aug. 16, 2018
Aug. 16, 2018.South Carolina:Aiken County, Unincorporated Areas.
450002
July 31, 1975, Emerg; March 4, 1980, Reg; August 16, 2018, Susp.
......do
Do.Jackson, Town of, Aiken County.
450005
April 12, 1976, Emerg; May 15, 1986, Reg; August 16, 2018, Susp.
......do
Do.North Augusta, City of, Aiken and Edgefield County.
450007
March 12, 1975, Emerg; February 1, 1980, Reg; August 16, 2018, Susp.
......do
Do.*......do and Do = Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Dated: July 25, 2018. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2018-16696 Filed 8-3-18; 8:45 am] BILLING CODE 9110-12-P