[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Rules and Regulations]
[Pages 55789-55790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25863]
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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-8093]
Suspension of Community Eligibility for Failure To Enforce
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: FEMA is suspending one community because of its failure to
enforce its floodplain management regulations under the National Flood
Insurance Program (NFIP). If documentation is received from the
community before the effective suspension date, indicating it has
brought its floodplain management program into compliance with the NFIP
requirements, FEMA will withdraw the suspension by publication in the
Federal Register on a subsequent date.
DATES: Effective Dates: The effective date of the community's scheduled
suspension is the date listed in the fourth column of the following
table.
FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation
Directorate, 1800 South Bell Street, Arlington, VA 20598-3072, (202)
646-2953.
SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
enables property owners to purchase flood insurance that is generally
not otherwise available. In return, communities agree to adopt and
implement local floodplain management regulations that contribute to
protecting lives and reducing the risk of property damage from future
flooding. Section 1315 of the National Flood Insurance Act of 1968, as
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless
an appropriate public body adopts adequate floodplain management
measures with effective administration and enforcement processes.
The community listed in this notice no longer complies with the
NFIP requirements set forth at 44 CFR part 59 et seq. Under 44 CFR
59.24(c), a community will be suspended from the NFIP for failing to
adequately enforce its floodplain management regulations. Accordingly,
FEMA is suspending the Village of Chauncey, Athens County, Ohio, (``the
Village'') on the effective date in the fourth column of the table. As
of that date, the purchase of new flood insurance policies or the
renewal of existing flood insurance policies under the NFIP will no
longer be available.
FEMA will not suspend the Village, however, if the community
submits the documentation required under 44 CFR 59.24(c) to show that
it has corrected the deficiencies and remedied the violations
identified in the Show Cause letter to the maximum extent possible.
This documentation must be received by FEMA before the actual
suspension date. If the Village successfully demonstrates its
compliance with NFIP regulations, FEMA will continue its eligibility
for the sale of NFIP insurance. FEMA will then publish in the Federal
Register a notice withdrawing the suspension of the community. In the
interim, if you wish to determine whether FEMA has suspended the
Village on the suspension date, please contact the FEMA Region V office
at (312) 408-5207. Additional information may also be found at http://www.fema.gov/plan/prevent/floodplain/nfipkeywords/suspension.shtm.
FEMA identified the special flood hazard areas (SFHAs) in this
community by publishing a Flood Insurance Rate Map. The effective date
of this map is indicated in the last column of the table. By law, no
Federally regulated entity may provide financial assistance for
acquisition or construction purposes for property located in a SFHA
unless the community in which the property is located is participating
in the NFIP (42 U.S.C. 4106). The prohibition against certain types of
Federal disaster assistance also becomes effective for the Village of
Chauncey, Ohio, on the date shown in the fourth column.
The Administrator finds that notice and public comment procedure
under 5 U.S.C. 553(b) are impracticable and unnecessary because the
community listed in this final rule has been adequately notified. The
community received a Probationary Letter on February 14, 2008, and was
put on Probation June 14, 2008; and a 30-day show cause letter was sent
July 29, 2009. FEMA addressed these notifications to the Mayor of the
Village Council indicating that we will suspend the Village unless the
Village takes the required corrective actions and remedial measures
before the effective suspension date. Because we have made these
notifications, 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 Regulatory Flexibility Act (5
U.S.C. 601-612) requires that special consideration be given to the
effects of proposed regulations on small entities. This rule does not
require a Notice of Proposed Rulemaking and, therefore, is exempt from
the requirements of the Regulatory Flexibility Act.
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
The tables published under the authority of Sec. 64.6 are amended as
follows:
[[Page 55790]]
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Date certain
Federal
assistance no
longer available
Community in special flood
State Location No. hazard area and Current effective map date
the sale of flood
insurance no
longer available
in the community
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Region V
Ohio........................... Chauncey, Village 390017 November 6, 2009. January 17, 1986.
of, Athens
County.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: October 15, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-25863 Filed 10-28-09; 8:45 am]
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