[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17926-17929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6777]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-8017]
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,
[[Page 17927]]
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
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 III
Virginia: Bland County, 510017 July 29, 1975, Apr. 2, 2008......... Apr. 2, 2008.
Unincorporated Areas. Emerg; January
5, 1989, Reg;
April 02, 2008,
Susp.
Region IV
Kentucky:
Breathitt County, 210023 April 20, 1977, ......do*............ Do.
Unincorporated Areas. Emerg; September
27, 1985, Reg;
April 02, 2008,
Susp.
Jackson, City of, Breathitt 210024 July 21, 1975, ......do............. Do.
County. Emerg; September
27, 1985, Reg;
April 02, 2008,
Susp.
Region V
Wisconsin:
Bangor, Village of, La 550218 January 20, ......do............. Do.
Crosse County. 1975, Emerg;
January 2, 1981,
Reg; April 02,
2008, Susp.
Cambria, Village of, 550057 June 11, 1975, ......do............. Do.
Columbia County. Emerg; September
18, 1985, Reg;
April 02, 2008,
Susp.
Columbia County, 550581 July 31, 1975, ......do............. Do.
Unincorporated Areas. Emerg; April 15,
1980, Reg; April
02, 2008, Susp.
Columbus, City of, Columbia 550058 October 7, 1974, ......do............. Do.
County. Emerg; December
1, 1981, Reg;
April 02, 2008,
Susp.
[[Page 17928]]
Doylestown, Village of, 550059 April 30, 1976, ......do............. Do.
Columbia County. Emerg; September
18, 1985, Reg;
April 02, 2008,
Susp.
Fall River, Village of, 550060 April 17, 1975, ......do............. Do.
Columbia County. Emerg; September
4, 1985, Reg;
April 02, 2008,
Susp.
Holmen, Village of, La 550219 June 27, 1975, ......do............. Do.
Crosse County. Emerg; April 20,
1979, Reg; April
02, 2008, Susp.
La Crosse, City of, La 555562 December 4, ......do............. Do.
Crosse County. 1970, Emerg;
January 15,
1971, Reg; April
02, 2008, Susp.
La Crosse County, 550217 March 26, 1971, ......do............. Do.
Unincorporated Areas. Emerg; March 15,
1984, Reg; April
02, 2008, Susp.
Lodi, City of, Columbia 550061 June 13, 1974, ......do............. Do.
County. Emerg; November
15, 1984, Reg;
April 02, 2008,
Susp.
Onalaska, City of, La 550221 July 3, 1975, ......do............. Do.
Crosse County. Emerg; September
16, 1981, Reg;
April 02, 2008,
Susp.
Pardeeville, Village of, 550062 August 19, 1976, ......do............. Do.
Columbia County. Emerg; August
15, 1983, Reg;
April 02, 2008,
Susp.
Portage, City of, Columbia 550063 June 11, 1974, ......do............. Do.
County. Emerg; August
15, 1983, Reg;
April 02, 2008,
Susp.
Poynette, Village of, 550064 July 29, 1975, ......do............. Do.
Columbia County. Emerg; September
18, 1985, Reg;
April 02, 2008,
Susp.
West Salem, Village of, La 550560 April 17, 1986, ......do............. Do.
Crosse County. Emerg; April 17,
1986, Reg; April
02, 2008, Susp.
Wisconsin Dells, City of, 550065 July 17, 1975, ......do............. Do.
Columbia County. Emerg; December
18, 1984, Reg;
April 02, 2008,
Susp.
Wyocena, Village of, 550066 May 22, 1975, ......do............. Do.
Columbia County. Emerg; January
18, 1984, Reg;
April 02, 2008,
Susp.
Region VI
Oklahoma:
Avant, Town of, Osage 400147 July 7, 1975, ......do............. Do.
County. Emerg; July 16,
1980, Reg; April
02, 2008, Susp.
Barnsdall, City of, Osage 400148 July 3, 1975, ......do............. Do.
County. Emerg; July 16,
1980, Reg; April
02, 2008, Susp.
Bartlesville, City of, 400220 October 18, ......do............. Do.
Osage County. 1973, Emerg;
July 16, 1980,
Reg; April 02,
2008, Susp.
Hominy, City of, Osage 400151 April 16, 1976, ......do............. Do.
County. Emerg; November
19, 1980, Reg;
April 02, 2008,
Susp.
Pawhuska, City of, Osage 400152 May 6, 1975, ......do............. Do.
County. Emerg; July 16,
1980, Reg; April
02, 2008, Susp.
Ponca City, City of, Osage 400080 March 6, 1974, ......do............. Do.
County. Emerg; July 2,
1980, Reg; April
02, 2008, Susp.
Sand Springs, City of, 400211 August 5, 1974, ......do............. Do.
Osage County. Emerg; June 15,
1981, Reg; April
02, 2008, Susp.
Shidler, City of, Osage 400410 April 11, 1977, ......do............. Do.
County. Emerg; July 3,
1985, Reg; April
02, 2008, Susp.
Tulsa, City of, Osage 405381 November 20, ......do............. Do.
County. 1970, Emerg;
August 13, 1971,
Reg; April 02,
2008, Susp.
Texas:
El Cenizo, City of, Webb 480070 ------------ , ......do............. Do.
County. Emerg; June 21,
2007, Reg; April
02, 2008, Susp.
Laredo, City of, Webb 480651 August 7, 1975, ......do............. Do.
County. Emerg; May 17,
1982, Reg; April
02, 2008, Susp.
Rio Bravo, City of, Webb 481684 ------------ , ......do............. Do.
County. Emerg; September
15, 1998, Reg;
April 02, 2008,
Susp.
Webb County, Unincorporated 481059 ------------ , ......do............. Do.
Areas. Emerg; September
8, 1998, Reg;
April 02, 2008,
Susp.
Region VII
Nebraska:
Curtis, City of, Frontier 310086 September 11, ......do............. Do.
County. 2006,
Emerg;----------
-, Reg; April
02, 2008, Susp.
Eustis, Village of, 310276 October 24, ......do............. Do.
Frontier County. 1988, Emerg;
March 1, 1990,
Reg; April 02,
2008, Susp.
Maywood, Village of, 310085 January 4, 2005, ......do............. Do.
Frontier County. Emerg;----------
-, Reg; April
02, 2008, Susp.
Region VIII
South Dakota:
Canton, City of, Lincoln 460047 May 1, 1975, ......do............. Do.
County. Emerg; September
4, 1985, Reg;
April 02, 2008,
Susp.
Harrisburg, Town of, 460114 May 7, 1997, ......do............. Do.
Lincoln County. Emerg; June 8,
1998, Reg; April
02, 2008, Susp.
[[Page 17929]]
Hudson, Town of, Lincoln 460049 September 3, ......do............. Do.
County. 1975, Emerg;
December 18,
1985, Reg; April
02, 2008, Susp.
Lennox, City of, Lincoln 460192 February 20, ......do............. Do.
County. 1997, Emerg;
June 8, 1998,
Reg; April 02,
2008, Susp.
Lincoln County, 460277 September 27, ......do............. Do.
Unincorporated Areas. 1985, Emerg;
October 1, 1986,
Reg; April 02,
2008, Susp.
Tea, City of, Lincoln 460143 March 7, 1997, ......do............. Do.
County. Emerg; April 25,
1997, Reg; April
02, 2008, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: March 7, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-6777 Filed 4-1-08; 8:45 am]
BILLING CODE 9110-12-P