[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Rules and Regulations]
[Pages 41056-41059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19540]
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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-8087]
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.
[[Page 41057]]
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:
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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 III
Virginia:
Colonial Beach, Town of, 510172 March 5, 1975, August 18, 2009......... August 18, 2009.
Westmoreland County. Emerg; September
18, 1987, Reg;
August 18, 2009,
Susp.
Westmoreland County, 510250 September 23, 1974, ......*do............... Do.
Unincorporated Areas. Emerg; September
18, 1987, Reg;
August 18, 2009,
Susp.
Region IV
Alabama:
Barbour County, 010315 January 20, 1976, ......do................ Do.
Unincorporated Areas. Emerg; January 1,
1987, Reg; August
18, 2009, Susp.
Blue Springs, Town of, 010224 November 3, 1975, ......do................ Do.
Barbour County. Emerg; September
1, 1986, Reg;
August 18, 2009,
Susp.
Brent, Town of, Bibb County.. 010012 November 1, 1974, ......do................ Do.
Emerg; September
4, 1985, Reg;
August 18, 2009,
Susp.
Centreville, City of, Bibb 010369 May 28, 1975, ......do................ Do.
County. Emerg; August 19,
1985, Reg; August
18, 2009, Susp.
Clayton, Town of, Barbour 010377 April 11, 1990, ......do................ Do.
County. Emerg; May 1,
1994, Reg; August
18, 2009, Susp.
Clio, Town of, Barbour County 010223 December 30, 1975, ......do................ Do.
Emerg; July 18,
1985, Reg; August
18, 2009, Susp.
Double Springs, Town of, 010350 February 8, 1991, ......do................ Do.
Winston County. Emerg; September
1, 1991, Reg;
August 18, 2009,
Susp.
Eufaula, City of, Barbour 010011 April 10, 1975, ......do................ Do.
County. Emerg; January 15,
1988, Reg; August
18, 2009, Susp.
Haleyville, City of, Winston 010303 October 23, 1975, ......do................ Do.
County. Emerg; June 25,
1976, Reg; August
18, 2009, Susp.
Louisville, Town of, Barbour 010225 November 25, 1975, ......do................ Do.
County. Emerg; September
1, 1987, Reg;
August 18, 2009,
Susp.
West Blockton, Town of, Bibb 010014 October 24, 1974, ......do................ Do.
County. Emerg; September
18, 1985, Reg;
August 18, 2009,
Susp.
Winston County, 010304 January 14, 1991, ......do................ Do.
Unincorporated Areas. Emerg; September
1, 1991, Reg;
August 18, 2009,
Susp.
Florida:
Kenneth, City of, Pinellas 120245 August 6, 1974, ......do................ Do.
County. Emerg; January 16,
1981, Reg; August
18, 2009, Susp.
Leon County, Unincorporated 120143 June 4, 1973, ......do................ Do.
Areas. Emerg; March 3,
2000, Reg; August
18, 2009, Susp.
Pinellas Park, City of, 120251 October 8, 1971, ......do................ Do.
Pinellas County. Emerg; August 15,
1977, Reg; August
18, 2009, Susp.
Tallahassee, City of, Leon 120144 March 10, 1972, ......do................ Do.
County. Emerg; December 6,
1976, Reg; August
18, 2009, Susp.
Georgia:
Baker County, Unincorporated 130270 August 18, 1994, ......do................ Do.
Areas. Emerg; June 19,
1997, Reg; August
18, 2009, Susp.
Butts County, Unincorporated 130518 January 24, 1995, ......do................ Do.
Areas. Emerg; March 18,
1996, Reg; August
18, 2009, Susp.
Cairo, City of, Grady County. 130097 May 30, 1975, ......do................ Do.
Emerg; September
1, 1986, Reg;
August 18, 2009,
Susp.
Colquitt, City of, Miller 130135 July 22, 1992, ......do................ Do.
County. Emerg; April 1,
1993, Reg; August
18, 2009, Susp.
Flovilla, City of, Butts 130283 July 13, 1976, ......do................ Do.
County. Emerg; September
29, 1986, Reg;
August 18, 2009,
Susp.
Grady County, Unincorporated 130096 October 20, 1994, ......do................ Do.
Areas. Emerg; April 1,
1996, Reg; August
18, 2009, Susp.
Ideal, City of, Grady County. 130520 February 1, 1995,
Emerg; April 3,
1996, Reg; August
18, 2009, Susp.
Jackson, City of, Butts 130222 July 8, 1975, ......do................ Do.
County. Emerg; September
29, 1986, Reg;
August 18, 2009,
Susp.
Jenkinsburg, Town of, Butts 130525 January 3, 2001, ......do................ Do.
County. Emerg; NA, Reg;
August 18, 2009,
Susp.
[[Page 41058]]
Macon County, Unincorporated 130506 September 22, 1994, ......do................ Do.
Areas. Emerg; April 3,
1996, Reg; August
18, 2009, Susp.
Marshallville, Town of, Macon 130536 NA, Emerg; March ......do................ Do.
County. 19, 1999, Reg;
August 18, 2009,
Susp.
Miller County, Unincorporated 130134 November 29, 1994, ......do................ Do.
Areas. Emerg; NA, Reg;
August 18, 2009,
Susp.
Montezuma, City of, Macon 130136 February 21, 1975, ......do................ Do.
County. Emerg; August 1,
1986, Reg; August
18, 2009, Susp.
Newton, City of, Baker County 130004 May 29, 1975, ......do................ Do.
Emerg; September
1, 1986, Reg;
August 18, 2009,
Susp.
Oglethorpe, City of, Macon 130133 February 22, 1975, ......do................ Do.
County. Emerg; September
29, 1986, Reg;
August 18, 2009,
Susp.
Unified Government of, 135268 February 27, 2006, ......do................ Do.
Webster County. Emerg; NA, Reg;
August 18, 2009,
Susp.
North Carolina:
Mount Airy, City of, Surry 370226 May 28, 1975, ......do................ Do.
County. Emerg; December 1,
1981, Reg; August
18, 2009, Susp.
Surry County, Unincorporated 370364 November 9, 1979, ......do................ Do.
Areas. Emerg; December 1,
1981, Reg; August
18, 2009, Susp.
Region V
Illinois:
Bluffs, Village of, Scott 170608 April 28, 1983, ......do................ Do.
County. Emerg; April 28,
1983, Reg; August
18, 2009, Susp.
Meredosia, Village of, Morgan 170517 March 13, 1974, ......do................ Do.
County. Emerg; April 15,
1982, Reg; August
18, 2009, Susp.
Morgan County, Unincorporated 170903 April 4, 1979, ......do................ Do.
Areas. Emerg; January 17,
1986, Reg; August
18, 2009, Susp.
Ohio:
Ashland County, 390759 April 20, 1982, ......do................ Do.
Unincorporated Areas. Emerg; January 1,
1988, Reg; August
18, 2009, Susp.
Creston, Village of, Wayne 390575 NA, Emerg; October ......do................ Do.
County. 17, 1994, Reg;
August 18, 2009,
Susp.
Perrysville, Village of, 390730 April 6, 1976, ......do................ Do.
Ashland County. Emerg; August 1,
1987, Reg; August
18, 2009, Susp.
Streetsboro, City of, Portage 390797 April 16, 1976, ......do................ Do.
County. Emerg; December
18, 1984, Reg;
August 18, 2009,
Susp.
Windham, Village of, Portage 390459 October 14, 1976, ......do................ Do.
County. Emerg; December
14, 1979, Reg;
August 18, 2009,
Susp.
Wisconsin:
Bellevue, Village of, Brown 550627 NA, Emerg; February ......do................ Do.
County. 9, 2005, Reg;
August 18, 2009,
Susp.
Brown County, Unincorporated 550020 March 10, 1972, ......do................ Do.
Areas. Emerg; April 17,
1978, Reg; August
18, 2009, Susp.
De Pere, City of, Brown 550021 June 12, 1975, ......do................ Do.
County. Emerg; July 2,
1981, Reg; August
18, 2009, Susp.
Green Bay, City of, Brown 550022 August 30, 1974, ......do................ Do.
County. Emerg; September
30, 1977, Reg;
August 18, 2009,
Susp.
Pulaski, Village of, Brown 550024 February 27, 1976, ......do................ Do.
County. Emerg; August 3,
1981, Reg; August
18, 2009, Susp.
Region VII
Kansas:
Basehor, City of, Leavenworth 200187 August 6, 1975, ......do................ Do.
County. Emerg; December 7,
1984, Reg; August
18, 2009, Susp.
Leavenworth, City of, 200190 May 1, 1973, Emerg; ......do................ Do.
Leavenworth County. January 5, 1978,
Reg; August 18,
2009, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 41059]]
Dated: August 11, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate.
[FR Doc. E9-19540 Filed 8-13-09; 8:45 am]
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