[Federal Register: December 6, 2007 (Volume 72, Number 234)]
[Rules and Regulations]
[Page 68750-68752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de07-4]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-8001]
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.
DATES: 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
[[Page 68751]]
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
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 V
Indiana:
Cumberland, Town of, 180510 March 10, 1993, Dec. 4, 2007.......... Dec. 4, 2007.
Hancock County. Emerg; March 10,
1993, Reg;
December 4,
2007, Susp.
Greenfield, City of, 180084 July 25, 1975, ......do.............. Do.
Hancock County. Emerg; November
4, 1981, Reg;
December 4,
2007, Susp.
Hancock County, 180419 April 21, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; October
15, 1982, Reg;
December 4,
2007, Susp.
McCordsville, Town of, 180468 March 18, 2005, ......do.............. Do.
Hancock County. Emerg; March 18,
2005, Reg;
December 4,
2007, Susp.
Spring Lake, Town of, 180346 September 3, ......do.............. Do.
Hancock County. 1985, Emerg;
September 3,
1985, Reg;
December 4,
2007, Susp.
Wisconsin:
Belgium, Village of, 550311 June 30, 1999, ......do.............. Do.
Ozaukee County. Emerg; June 30,
1999, Reg;
December 4,
2007, Susp.
Fredonia, Village of, 550313 February 7, 1975, ......do.............. Do.
Ozaukee County. Emerg; January
2, 1981, Reg;
December 4,
2007, Susp.
Grafton, Village of, 550314 April 30, 1975, ......do.............. Do.
Ozaukee County. Emerg; May 15,
1980, Reg;
December 4,
2007, Susp.
Ozaukee County, 550310 May 14, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; May 16,
1977, Reg;
December 4,
2007, Susp.
[[Page 68752]]
Port Washington, City of, 550316 June 30, 1975, ......do.............. Do.
Ozaukee County. Emerg; October
15, 1981, Reg;
December 4,
2007, Susp.
Saukville, Village of, 550317 April 18, 1974, ......do.............. Do.
Ozaukee County. Emerg; December
16, 1980, Reg;
December 4,
2007, Susp.
Thiensville, Village of, 550318 March 26, 1974, ......do.............. Do.
Ozaukee County. Emerg; August 1,
1978, Reg;
December 4,
2007, Susp.
Region VII
Iowa:
Dallas County, 190860 December 14, ......do.............. Do.
Unincorporated Areas. 1992, Emerg; May
1, 1994, Reg;
December 4,
2007, Susp.
De Soto, City of, Dallas 190359 September 1, ......do.............. Do.
County. 1979, Emerg;
September 27,
1985, Reg;
December 4,
2007, Susp.
Jasper County, 190880 February 23, ......do.............. Do.
Unincorporated Areas. 1983, Emerg;
January 1, 1987,
Reg; December 4,
2007, Susp.
Kellogg, City of, Jasper 190164 June 3, 1977, ......do.............. Do.
County. Emerg; June 1,
1987, Reg;
December 4,
2007, Susp.
Reasnor, City of, Jasper 190167 May 24, 1993, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2007, Susp.
Region VIII
Colorado:
Avon, Town of, Eagle County 080308 May 22, 1985, ......do.............. Do.
Emerg; August
19, 1987, Reg;
December 4,
2007, Susp.
Basalt, Town of, Eagle 080052 May 1, 1975, ......do.............. Do.
County. Emerg; March 18,
1980, Reg;
December 4,
2007, Susp.
Eagle, Town of, Eagle 080238 August 20, 1976, ......do.............. Do.
County. Emerg; March 18,
1980, Reg;
December 4,
2007, Susp.
Eagle County, 080051 May 7, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; November
19, 1980, Reg;
December 4,
2007, Susp.
Gypsum, Town of, Eagle 080295 July 7, 1980, ......do.............. Do.
County. Emerg; September
16, 1981, Reg;
December 4,
2007, Susp.
Minturn, Town of, Eagle 080053 September 26, ......do.............. Do.
County. 1975, Emerg;
September 17,
1980, Reg;
December 4,
2007, Susp.
Red Cliff, Town of, Eagle 080260 April 18, 1985, ......do.............. Do.
County. Emerg; April 18,
1985, Reg;
December 4,
2007, Susp.
Vail, Town of, Eagle County 080054 August 13, 1976, ......do.............. Do.
Emerg; May 2,
1983, Reg;
December 4,
2007, Susp.
Utah: Eureka, City of, Juab 490079 May 22, 1985, ......do.............. Do.
County. Emerg; August
19, 1987, Reg;
December 4,
2007, Susp.
Nephi, City of, Juab County 490229 May 29, 1975, ......do.............. Do.
Emerg; August 5,
1986, Reg;
December 4,
2007, Susp.
Region IX
Arizona:
Casa Grande, City of, Pinal 040080 May 5, 1972, ......do.............. Do.
County. Emerg; August 1,
1977, Reg;
December 4,
2007, Susp.
Coolidge, City of, Pinal 040082 February 5, 1975, ......do.............. Do.
County. Emerg; June 10,
1980, Reg;
December 4,
2007, Susp.
Queen Creek, Town of, Pinal 040132 July 22, 1992, ......do.............. Do.
County. Emerg; July 22,
1992, Reg;
December 4,
2007, Susp.
Queen Creek, Town of, Pinal 040132 July 22, 1992, ......do.............. Do.
County. Emerg; July 22,
1992, Reg;
December 4,
2007, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: November 26, 2007.
David I. Maurstad,
Assistant Administrator, Mitigation, Department of Homeland Security,
Federal Emergency Management Agency.
[FR Doc. E7-23716 Filed 12-5-07; 8:45 am]
BILLING CODE 9110-12-P