FR Doc E9-24913

[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Rules and Regulations]
[Page 53179-53181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc09-15]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8099]

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

[[Page 53180]]

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:
Halifax, Town of, Halifax 510301 March 6, 1975, October 16, 2009........ October 16, 2009.
County. Emerg; October
8, 1982, Reg;
October 16,
2009, Susp.
Halifax County, 510188 April 4, 1973, *......do............... do.
Unincorporated Areas. Emerg; August
1, 1978, Reg;
October 16,
2009, Susp.
South Boston, Town of, 510153 December 13, ......do................ do.
Halifax County. 1973, Emerg;
March 15,
1978, Reg;
October 16,
2009, Susp.

Region IV

Alabama:
Brantley, Town of, 010055 July 5, 2005, ......do................ do.
Crenshaw County. Emerg; NA,
Reg; October
16, 2009, Susp.
Crenshaw County, 010246 December 15, ......do................ do.
Unincorporated Areas. 1975, Emerg;
July 17, 1986,
Reg; October
16, 2009, Susp.
Dozier, Town of, Crenshaw 010056 May 4, 1990, ......do................ do.
County. Emerg; March
1, 1995, Reg;
October 16,
2009, Susp.
Glenwood, Town of, 010057 December 30, ......do................ do.
Crenshaw County. 2003, Emerg;
NA, Reg;
October 16,
2009, Susp.
Luverne, City of, 010058 July 9, 1975, ......do................ do.
Crenshaw County. Emerg; June
24, 1977, Reg;
October 16,
2009, Susp.
Macon County, 010148 May 29, 1975, ......do................ do.
Unincorporated Areas. Emerg; April
1, 1982, Reg;
October 16,
2009, Susp.
Notasulga, Town of, Macon 010149 July 2, 1975, ......do................ do.
County. Emerg;
November 24,
1978, Reg;
October 16,
2009, Susp.
Tuskegee, City of, Macon 010150 August 8, 1975, ......do................ do.
County. Emerg; January
6, 1982, Reg;
October 16,
2009, Susp.
Kentucky:
Princeton, City of, 210031 June 30, 1975, ......do................ do.
Caldwell County. Emerg; August
19, 1986, Reg;
October 16,
2009, Susp.

Region V

Illinois:
Hamilton, City of, 170271 February 24, ......do................ do.
Hancock County. 1975, Emerg;
October 18,
1983, Reg;
October 16,
2009, Susp.

[[Page 53181]]

Region VII

Missouri:
Fayette, City of, Howard 290163 May 19, 1975, ......do................ do.
County. Emerg; January
19, 1983, Reg;
October 16,
2009, Susp.
Franklin, City of, Howard 290482 July 7, 1975, ......do................ do.
County. Emerg; March
2, 1983, Reg;
October 16,
2009, Susp.
----------------------------------------------------------------------------------------------------------------
* Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: October 7, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-24913 Filed 10-15-09; 8:45 am]

BILLING CODE 9110-12-P