[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23115-23117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11516]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8075]
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 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.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or 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:
[[Page 23116]]
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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 IV
Georgia: Good Hope, City of, 130411 April 12, 1976, May 18, 2009.......... May 18, 2009
Walton County. Emerg; June 17,
1986, Reg; May
18, 2009, Susp.
Loganville, City of, Walton 130326 March 22, 1979, *......do............. Do.
County. Emerg; July 16,
1982, Reg; May
18, 2009, Susp.
Monroe, City of, Walton County. 130227 March 26, 1975, ......do.............. Do.
Emerg; February
16, 1990, Reg;
May 18, 2009,
Susp.
North Carolina: Jonesville, 370260 June 26, 1975, ......do.............. Do.
Town of, Yadkin County. Emerg; July 1,
1987, Reg; May
18, 2009, Susp.
Yadkin County, Unincorporated 370400 NA, Emerg; June ......do.............. Do.
Areas. 22, 2005, Reg;
May 18, 2009,
Susp.
Tennessee: Benton, City of, 470148 May 27, 1975, ......do.............. Do.
Polk County. Emerg; July 3,
1986, Reg; May
18, 2009, Susp.
Copperhill, City of, Polk 470269 May 1, 1975, ......do.............. Do.
County. Emerg; August
19, 1986, Reg;
May 18, 2009,
Susp.
Gallatin, City of, Sumner 470185 May 27, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg; May
18, 2009, Susp.
Gatlinburg, City of, Sevier 475426 October 30, 1970, ......do.............. Do.
County. Emerg; October
30, 1970, Reg;
May 18, 2009,
Susp.
Hendersonville, City of, Sumner 470186 May 28, 1974, ......do.............. Do.
County. Emerg; November
4, 1981, Reg;
May 18, 2009,
Susp.
Lebanon, City of, Wilson County 470208 June 23, 1975, ......do.............. Do.
Emerg; January
6, 1983, Reg;
May 18, 2009,
Susp.
Livingston, City of, Overton 470143 February 5, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; May
18, 2009, Susp.
Mount Juliet, City of, Wilson 470290 July 8, 1976, ......do.............. Do.
County. Emerg; May 17,
1982, Reg; May
18, 2009, Susp.
Pigeon Forge, City of, Sevier 475442 November 13, ......do.............. Do.
County. 1971, Emerg;
September 1,
1972, Reg; May
18, 2009, Susp.
Pittman Center, City of, Sevier 470378 August 24, 1993, ......do.............. Do.
County. Emerg; March 1,
1995, Reg; May
18, 2009, Susp.
Polk County, Unincorporated 470261 April 9, 1993, ......do.............. Do.
Areas. Emerg; June 16,
1995, Reg; May
18, 2009, Susp.
Sevierville, City of, Sevier 475444 October 23, 1970, ......do.............. Do.
County. Emerg; March 27,
1971, Reg; May
18, 2009, Susp.
Sumner County, Unincorporated 470349 August 5, 1975, ......do.............. Do.
Areas. Emerg; June 19,
1985, Reg; May
18, 2009, Susp.
Wilson County, Unincorporated 470207 August 27, 1975, ......do.............. Do.
Areas. Emerg; June 15,
1984, Reg; May
18, 2009, Susp.
Region V
Wisconsin: Albany, Village of, 550158 March 18, 1975, ......do.............. Do.
Green County. Emerg; July 18,
1983, Reg; May
18, 2009, Susp.
Brodhead, City of, Green County 550160 April 30, 1975, ......do.............. Do.
Emerg; September
29, 1989, Reg;
May 18, 2009,
Susp.
Browntown, City of, Green 550161 August 16, 1978, ......do.............. Do.
County. Emerg; October
16, 1984, Reg;
May 18, 2009,
Susp.
Green County, Unincorporated 550157 November 1, 1974, ......do.............. Do.
Areas. Emerg; September
15, 1983, Reg;
May 18, 2009,
Susp.
Monroe, City of, Green County.. 550162 May 1, 1975, ......do.............. Do.
Emerg; December
1, 1982, Reg;
May 18, 2009,
Susp.
Monticello, Village of, Green 550163 May 15, 1975, ......do.............. Do.
County. Emerg; July 18,
1983, Reg; May
18, 2009, Susp.
New Glarus, Village of, Green 550164 May 2, 1975, ......do.............. Do.
County. Emerg; August 1,
1983, Reg; May
18, 2009, Susp.
Region VI
Oklahoma: Bristow, City of, 400051 July 9, 1980, ......do.............. Do.
Creek County. Emerg; May 4,
1982, Reg; May
18, 2009, Susp.
Drumright, City of, Creek, 400052 June 12, 1975, ......do.............. Do.
Payne County. Emerg; July 2,
1980, Reg; May
18, 2009, Susp.
Kiefer, Town of, Creek County.. 400393 July 9, 1975, ......do.............. Do.
Emerg; April 15,
1982, Reg; May
18, 2009, Susp.
Mannford, Town of, Creek County 400399 March 20, 2003, ......do.............. Do.
Emerg; NA, Reg;
May 18, 2009,
Susp.
Sapulpa, City of, Creek County. 400053 August 4, 1972, ......do.............. Do.
Emerg; December
1, 1977, Reg;
May 18, 2009,
Susp.
Stroud, City of, Creek, Lincoln 400417 NA, Emerg; March ......do.............. Do.
County. 6, 2000, Reg;
May 18, 2009,
Susp.
Region VII
Missouri: Eldon, Town of, 290227 January 17, 1975, ......do.............. Do.
Miller County. Emerg; December
12, 1978, Reg;
May 18, 2009,
Susp.
[[Page 23117]]
Jonesburg, City of, Montgomery 290310 December 31, ......do.............. Do.
County. 2007, Emerg; NA,
Reg; May 18,
2009, Susp.
Lake Ozark, City of, Miller 290698 April 15, 2005, ......do.............. Do.
County. Emerg; August 1,
2005, Reg; May
18, 2009, Susp.
Miller County, Unincorporated 290226 NA, Emerg; ......do.............. Do.
Areas. October 19,
1998, Reg; May
18, 2009, Susp.
Montgomery County, 290242 October 29, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1987, Reg; May
18, 2009, Susp.
Rhineland, Town of, Montgomery 290243 October 24, 1986, ......do.............. Do.
County. Emerg; October
24, 1986, Reg;
May 18, 2009,
Susp.
Tuscumbia, Village of, Miller 290228 December 2, 1986, ......do.............. Do.
County. Emerg; March 1,
1987, Reg; May
18, 2009, Susp.
Region IX
California: San Jose, City of, 060349 January 23, 1976, ......do.............. Do.
Santa Clara County. Emerg; August 2,
1982, Reg; May
18, 2009, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 7, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-11516 Filed 5-15-09; 8:45 am]
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