[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)] [Rules and Regulations] [Pages 773-775] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-75] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8057] 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 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 [[Page 774]] 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 IV North Carolina: Bethania, Town of, Forsyth 370477 --, Emerg; April Jan. 2, 2009.......... Jan. 2, 2009. County. 24, 2002, Reg; January 2, 2009, Susp. Clemmons, Village of, 370531 --, Emerg; June ......do.............. Do. Forsyth County. 27, 2000, Reg; January 2, 2009, Susp. Forsyth County, 375349 March 19, 1971, ......do.............. Do. Unincorporated Areas. Emerg; September 1, 1972, Reg; January 2, 2009, Susp. Kernersville, Town of, 370319 --, Emerg; June ......do.............. Do. Forsyth County. 27, 2000, Reg; January 2, 2009, Susp. Rural Hall, Town of, 370606 --, Emerg; April ......do.............. Do. Forsyth County. 25, 2002, Reg; January 2, 2009, Susp. Tobaccoville, Village of, 370624 --, Emerg; August ......do.............. Do. Forsyth County. 13, 2002, Reg; January 2, 2009, Susp. Walkertown, Town of, 370679 --, Emerg; ......do.............. Do. Forsyth County. September 24, 2002, Reg; January 2, 2009, Susp. Winston-Salem, City of, 375360 March 19, 1971, ......do.............. Do. Forsyth County. Emerg; August 31, 1973, Reg; January 2, 2009, Susp. Tennessee: Lawrence County, 470354 --, Emerg; ......do.............. Do. Unincorporated Areas. December 10, 1998, Reg; January 2, 2009, Susp. Lawrenceburg, City of, 475437 January 7, 1972, ......do.............. Do. Lawrence County. Emerg; May 25, 1973, Reg; January 2, 2009, Susp. Region V Illinois: Cortland, Town of, DeKalb 170181 April 5, 1979, ......do.............. Do. County. Emerg; November 30, 1979, Reg; January 2, 2009, Susp. DeKalb, City of, DeKalb 170182 February 25, ......do.............. Do. County. 1972, Emerg; September 29, 1978, Reg; January 2, 2009, Susp. DeKalb County, 170808 May 14, 1974, ......do.............. Do. Unincorporated Areas. Emerg; September 4, 1985, Reg; January 2, 2009, Susp. Genoa, City of, DeKalb 170183 October 31, 1975, ......do.............. Do. County. Emerg; May 25, 1984, Reg; January 2, 2009, Susp. Hinckley, Village of, 170184 July 26, 1988, ......do.............. Do. DeKalb County. Emerg; September 21, 2000, Reg; January 2, 2009, Susp. Sandwich, City of, DeKalb 170188 May 13, 1975, ......do.............. Do. County. Emerg; February 27, 1984, Reg; January 2, 2009, Susp. Shabbona, Village of, 170189 June 17, 1975, ......do.............. Do. DeKalb County. Emerg; September 1, 1986, Reg; January 2, 2009, Susp. Wisconsin: Belleville, Village of, 550159 July 15, 1975, ......do.............. Do. Dane County. Emerg; November 19, 1980, Reg; January 2, 2009, Susp. Black Earth, Village of, 550079 August 7, 1975, ......do.............. Do. Dane County. Emerg; January 2, 1981, Reg; January 2, 2009, Susp. Cottage Grove, Village of, 550617 July 11, 2000, ......do.............. Do. Dane County. Emerg; June 17, 2003, Reg; January 2, 2009, Susp. DeForest, Village of, Dane 550082 April 16, 1975, ......do.............. Do. County. Emerg; September 1, 1978, Reg; January 2, 2009, Susp. Fitchburg, City of, Dane 550610 --, Emerg; August ......do.............. Do. County. 23, 2001, Reg; January 2, 2009, Susp. Madison, City of, Dane 550083 July 17, 1975, ......do.............. Do. County. Emerg; September 30, 1980, Reg; January 2, 2009, Susp. [[Page 775]] Marshall, Village of, Dane 550084 July 15, 1975, ......do.............. Do. County. Emerg; December 16, 1980, Reg; January 2, 2009, Susp. Mazomanie, Village of, Dane 550085 July 29, 1975, ......do.............. Do. County. Emerg; December 1, 1981, Reg; January 2, 2009, Susp. McFarland, Village of, Dane 550086 April 17, 1975, ......do.............. Do. County. Emerg; June 15, 1978, Reg; January 2, 2009, Susp. Monona, City of, Dane 550088 March 25, 1975, ......do.............. Do. County. Emerg; June 15, 1978, Reg; January 2, 2009, Susp. Oregon, Village of, Dane 550089 May 28, 1974, ......do.............. Do. County. Emerg; September 30, 1980, Reg; January 2, 2009, Susp. Stoughton, City of, Dane 550091 April 15, 1975, ......do.............. Do. County. Emerg; June 15, 1978, Reg; January 2, 2009, Susp. Sun Prairie, City of, Dane 550573 --, Emerg; ......do.............. Do. County. December 11, 1995, Reg; January 2, 2009, Susp. Verona, City of, Dane 550092 June 24, 1975, ......do.............. Do. County. Emerg; August 1, 1980, Reg; January 2, 2009, Susp. Waunakee, Village of, Dane 550093 May 29, 1975, ......do.............. Do. County. Emerg; May 1, 1978, Reg; January 2, 2009, Susp. Region VII Kansas: Redfield, City of, Bourbon 200025 June 4, 1976, ......do.............. Do. County. Emerg; August 1, 1986, Reg; January 2, 2009, Susp. Nebraska: Brady, Village of, Lincoln 310141 September 15, ......do.............. Do. County. 1975, Emerg; June 3, 1986, Reg; January 2, 2009, Susp. Lincoln County, 310452 February 28, ......do.............. Do. Unincorporated Areas. 1983, Emerg; August 1, 1987, Reg; January 2, 2009, Susp. Maxwell, Village of, 310300 August 26, 1977, ......do.............. Do. Lincoln County. Emerg; September 27, 1985, Reg; January 2, 2009, Susp. North Platte, City of, 310143 January 14, 1974, ......do.............. Do. Lincoln County. Emerg; November 1, 1979, Reg; January 2, 2009, Susp. Sutherland, Village of, 310144 February 5, 1975, ......do.............. Do. Lincoln County. Emerg; September 27, 1985, Reg; January 2, 2009, Susp. ---------------------------------------------------------------------------------------------------------------- * do = Ditto. Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension. Dated: December 24, 2008. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9-75 Filed 1-7-09; 8:45 am] BILLING CODE 9110-12-P