[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)] [Rules and Regulations] [Pages 35809-35812] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-17211] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8083] 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. 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 [[Page 35810]] 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: Charlotte County, 510333 November 26, July 20, 2009......... July 20, 2009. Unincorporated Areas. 1996, Emerg; November 1, 1997, Reg; July 20, 2009, Susp. Drakes Branch, Town of, 510032 October 18, 1974, ......*do............. Do. Charlotte County. Emerg; June 11, 1982, Reg; July 20, 2009, Susp. King William County, 510304 May 22, 1975, ......do.............. Do. Unincorporated Areas. Emerg; February 6, 1991, Reg; July 20, 2009, Susp. Lunenburg County, 510309 October 5, 1978, ......do.............. Do. Unincorporated Areas. Emerg; February 25, 1983, Reg; July 20, 2009, Susp. Phenix, Town of, Charlotte 510302 July 8, 1975, ......do.............. Do. County. Emerg; February 25, 1983, Reg; July 20, 2009, Susp. West Point, Town of, King 510083 April 16, 1975, ......do.............. Do. William County. Emerg; June 18, 1990, Reg; July 20, 2009, Susp. Region IV North Carolina: Gates County, 370103 March 4, 1976, ......do.............. Do. Unincorporated Areas. Emerg; July 16, 1991, Reg; July 20, 2009, Susp. Gatesville, Town of, Gates 370104 July 8, 1975, ......do.............. Do. County. Emerg; May 13, 1977, Reg; July 20, 2009, Susp. Region V Ohio: Akron, City of, Summit 390523 February 18, ......do.............. Do. County. 1975, Emerg; February 18, 1981, Reg; July 20, 2009, Susp. Barberton, City of, Summit 390524 September 13, ......do.............. Do. County. 1974, Emerg; January 16, 1981, Reg; July 20, 2009, Susp. Boston Heights, Village of, 390749 November 16, ......do.............. Do. Summit County. 1976, Emerg; February 18, 1981, Reg; July 20, 2009, Susp. Clinton, Village of, Summit 390525 June 9, 1975, ......do.............. Do. County. Emerg; July 2, 1980, Reg; July 20, 2009, Susp. Cuyahoga Falls, City of, 390526 February 27, ......do.............. Do. Summit County. 1975, Emerg; February 18, 1981, Reg; July 20, 2009, Susp. Fairlawn, City of, Summit 390657 December 29, ......do.............. Do. County. 1975, Emerg; January 16, 1981, Reg; July 20, 2009, Susp. Green, City of, Summit 390927 NA, Emerg; May ......do.............. Do. County. 29, 2002, Reg; July 20, 2009, Susp. Hudson, City of, Summit 390660 May 19, 1975, ......do.............. Do. County. Emerg; September 30, 1980, Reg; July 20, 2009, Susp. [[Page 35811]] Lakemore, Village of, 390527 August 8, 1975, ......do.............. Do. Summit County. Emerg; May 25, 1978, Reg; July 20, 2009, Susp. Macedonia, City of, Summit 390750 November 11, ......do.............. Do. County. 1976, Emerg; February 4, 1981, Reg; July 20, 2009, Susp. Mogadore, Village of, 390528 June 11, 1975, ......do.............. Do. Summit County. Emerg; September 3, 1979, Reg; July 20, 2009, Susp. Munroe Falls, City of, 390843 October 26, 1988, ......do.............. Do. Summit County. Emerg; May 16, 1994, Reg; July 20, 2009, Susp. Norton, City of, Summit 390529 July 2, 1975, ......do.............. Do. County. Emerg; January 16, 1981, Reg; July 20, 2009, Susp. Peninsula, Village of, 390530 June 25, 1975, ......do.............. Do. Summit County. Emerg; March 2, 1979, Reg; July 20, 2009, Susp. Reminderville, Village of, 390855 July 9, 1980, ......do.............. Do. Summit County. Emerg; May 17, 1990, Reg; July 20, 2009, Susp. Stow, City of, Summit 390532 November 12, ......do.............. Do. County. 1973, Emerg; July 17, 1978, Reg; July 20, 2009, Susp. Summit County, 390781 November 21, ......do.............. Do. Unincorporated Areas. 1975, Emerg; April 15, 1981, Reg; July 20, 2009, Susp. Twinsburg, City of, Summit 390534 September 18, ......do.............. Do. County. 1973, Emerg; February 4, 1981, Reg; July 20, 2009, Susp. Wisconsin: Amherst, Village of, 550338 April 2, 1975, ......do.............. Do. Portage County. Emerg; January 17, 1991, Reg; July 20, 2009, Susp. Nelsonville, Village of, 550339 July 1, 1975, ......do.............. Do. Portage County. Emerg; September 1, 1986, Reg; July 20, 2009, Susp. Plover, Village of, Portage 550340 April 23, 1974, ......do.............. Do. County. Emerg; March 1, 1984, Reg; July 20, 2009, Susp. Portage County, 550572 February 10, ......do.............. Do. Unincorporated Areas. 1975, Emerg; June 1, 1983, Reg; July 20, 2009, Susp. Rosholt, Village of, 550341 June 24, 1975, ......do.............. Do. Portage County. Emerg; September 1, 1988, Reg; July 20, 2009, Susp. Stevens Point, City of, 550342 August 2, 1974, ......do.............. Do. Portage County. Emerg; June 1, 1983, Reg; July 20, 2009, Susp. Whiting, Village of, 550607 February 15, ......do.............. Do. Portage County. 1984, Emerg; February 15, 1984, Reg; July 20, 2009, Susp. Region VI Oklahoma: Cache, Town of, Comanche 400048 March 10, 1975, ......do.............. Do. County. Emerg; March 18, 1987, Reg; July 20, 2009, Susp. Faxon, Town of, Comanche 400522 NA , Emerg; June ......do.............. Do. County. 20, 2008, Reg; July 20, 2009, Susp. Indiahoma, Town of, 400287 June 24, 1977, ......do.............. Do. Comanche County. Emerg; April 15, 1982, Reg; July 20, 2009, Susp. Lawton, City of, Comanche 400049 November 15, ......do.............. Do. County. 1973, Emerg; December 1, 1978, Reg; July 20, 2009, Susp. Sterling, Town of, Comanche 400414 February 19, ......do.............. Do. County. 1976, Emerg; July 5, 1978, Reg; July 20, 2009, Susp. Region VIII South Dakota: Corona, Town of, Roberts 460071 September 25, ......do.............. Do. County. 1975, Emerg; March 4, 1987, Reg; July 20, 2009, Susp. Roberts County, 460286 February 21, ......do.............. Do. Unincorporated Areas. 1980, Emerg; October 1, 1986, Reg; July 20, 2009, Susp. Sisseton, City of, Roberts 460072 May 14, 1975, ......do.............. Do. County. Emerg; May 1, 1986, Reg; July 20, 2009, Susp. ---------------------------------------------------------------------------------------------------------------- *do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension. [[Page 35812]] Dated: July 7, 2009. Deborah S. Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate. [FR Doc. E9-17211 Filed 7-20-09; 8:45 am] BILLING CODE 9110-12-P