FR Doc E7-18236

[Federal Register: September 17, 2007 (Volume 72, Number 179)]
[Rules and Regulations]
[Page 52793-52796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se07-9]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7989]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

[[Page 52794]]

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.

EFFECTIVE DATES: The effective date of each community's scheduled
suspension is the third date (``Susp.'') listed in the third column of
the following tables.

ADDRESSES: If you want to determine whether a particular community was
suspended on the suspension date, contact the appropriate FEMA Regional
Office.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
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 flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq., 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. However,
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 their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). 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 legally 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 flood
insurance map of 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 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. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
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, 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.

0
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
Community authorization/cancellation Date certain federal
State and Location No. of sale of flood Current effective map date assistance no longer available
insurance in community in SFHAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region IV

Georgia: Chickamauga, City of, Walker County. 130181 January 10, 1974, Emerg; Sept. 5, 2007.................. Sept. 5, 2007
September 5, 1979, Reg;
September 5, 2007, Sups.

[[Page 52795]]

Columbus, City of, Muscogee County. 135158 June 19, 1970, Emerg; ......do....................... Do.
October 30, 1970, Reg;
September 5, 2007, Sups.
Forest Park, City of, Clayton County. 130042 September 15, 1972, Emerg; ......do....................... Do.
May 16, 1977, Reg;
September 5, 2007, Sups.
LaFayette, City of, Walker County. 130182 December 19, 1973, Emerg; ......do....................... Do.
February 15, 1978, Reg;
September 5, 2007, Sups.
Lake City, City of, Clayton County. 130044 May 6, 1975, Emerg; ......do....................... Do.
September 4, 1986, Reg;
September 5, 2007, Sups.
Morrow, City of, Clayton County. 130045 April 4, 1974, Emerg; ......do....................... Do.
February 16, 1983, Reg;
September 5, 2007, Sups.
Porterdale, City of, Newtown County. 130145 July 31, 1975, Emerg; ......do....................... Do.
January 19, 1983, Reg;
September 5, 2007, Sups.
Riverdale, City of, Clayton County. 130047 December 12, 1973, Emerg; ......do....................... Do.
February 15, 1978, Reg;
September 5, 2007, Sups.
Rossville, City of, Walker County. 130183 December 19, 1973, Emerg; ......do....................... Do.
September 28, 1979, Reg;
September 5, 2007, Sups.
Walker County, Unincorporated Areas. 130180 January 23, 1974, Emerg; ......do....................... Do.
September 28, 1979, Reg;
September 5, 2007, Sups.
North Carolina: Brookford, Town of, Catawba 370051 July 24, 1975, Emerg; ......do....................... Do.
County. December 18, 1979, Reg;
September 5, 2007, Sups.
Burke County, Unincorporated Areas. 370034 January 15, 1974, Emerg; ......do....................... Do.
June 17, 1991, Reg;
September 5, 2007, Sups.
Catawba, Town of, Catawba County. 370052 July 8, 1974, Emerg; ......do....................... Do.
September 3, 1980, Reg;
September 5, 2007, Sups.
Catawba County, Unincorporated Areas. 370050 October 24, 1973, Emerg; ......do....................... Do.
September 3, 1980, Reg;
September 5, 2007, Sups.
Claremont, City of, Catawba County. 370557 May 29, 2003, Emerg; --, ......do....................... Do.
Reg; September 5, 2007,
Sups.
Connelly Springs, Town of, Burke County. 370600 March 12, 2004, Emerg; --, ......do....................... Do.
Reg; September 5, 2007,
Sups.
Conover, Town of, Catawba County. 370053 April 15, 1974, Emerg; ......do....................... Do.
September 3, 1980, Reg;
September 5, 2007, Sups.
Hickory, City of, Catawba County. 370054 September 23, 1975, Emerg; ......do....................... Do.
August 3, 1981, Reg;
September 5, 2007, Sups.
Hildebran, Town of, Burke County. 370519 June 7, 2007, Emerg; --, ......do....................... Do.
Reg; September 5, 2007,
Sups.
Long View, Town of, Burke and Catawba 370055 June 17, 1975, Emerg; ......do....................... Do.
Counties. September 3, 1980, Reg;
September 5, 2007, Sups.
Maiden, Township of, Catawba County. 370056 May 8, 1975, Emerg; ......do....................... Do.
September 3, 1980, Reg;
September 5, 2007, Sups.
Morganton, City of, Burke County. 370035 November 14, 1973, Emerg; ......do....................... Do.
February 19, 1987, Reg;
September 5, 2007, Sups.
Newton, City of, Catawba County. 370057 March 25, 1975, Emerg; ......do....................... Do.
September 3, 1980, Reg;
September 5, 2007, Sups.
Rhodiss, Town of, Burke County. 370041 August 27, 1975, Emerg; ......do....................... Do.
July 3, 1986, Reg;
September 5, 2007, Sups.

Region V

Michigan: Cassopolis, Village of, Cass 260363 June 30, 1976, Emerg; June ......do....................... Do.
County. 1, 1979, Reg; September
5, 2007, Sups.

[[Page 52796]]

Edwardsburg, Village of, Cass County. 260364 March 16, 1977, Emerg; ......do....................... Do.
April 20, 1979, Reg;
September 5, 2007, Sups.
Vandalia, Village of, Cass County. 260370 July 6, 1976, Emerg; ......do....................... Do.
December 14, 1979, Reg;
September 5, 2007, Sups.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*-Do.-=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Sups--Suspension.

Dated: September 6, 2007.
David I. Maurstad,
Assistant Administrator, Mitigation, Department of Homeland Security,
Federal Emergency Management Agency.
[FR Doc. E7-18236 Filed 9-14-07; 8:45 am]

BILLING CODE 9110-12-P