[Federal Register: April 14, 2009 (Volume 74, Number 70)]
[Rules and Regulations]
[Page 17094-17097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap09-8]
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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-8069]
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.
[[Page 17095]]
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.
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:
Bath County, Unincorporated 510196 September 10, April 2, 2009......... April 14, 2009.
Areas. 1984, Emerg;
September 16,
1975, Reg; April
14, 2009, Susp.
Craig County, 510313 August 12, 1975, \*\......do........... Do.
Unincorporated Areas. Emerg; February
2, 1990, Reg;
April 14, 2009,
Susp.
Dendron, Town of, Surry 510300 May 22, 1975, ......do.............. Do.
County. Emerg; July 16,
1982, Reg; April
14, 2009, Susp.
New Castle, Town of, Craig 510340 N/A, Emerg; ......do.............. Do.
County. February 22,
1990, Reg; April
14, 2009, Susp.
Richmond, City of, 510129 August 29, 1973, ......do.............. Do.
Independent County. Emerg; June 15,
1979, Reg; April
14, 2009, Susp.
[[Page 17096]]
Surry County, 510157 March 25, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
2, 1990, Reg;
April 14, 2009,
Susp.
Region V
Illinois:
Eldred, Village of, Greene 170251 June 15, 1981, ......do.............. Do.
County. Emerg; June 15,
1981, Reg; April
14, 2009, Susp.
Elsah, Village of, Jersey 170313 March 1, 1974, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
April 14, 2009,
Susp.
Greene County, 170901 April 17, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1985, Reg; April
14, 2009, Susp.
Greenfield, City of, Greene 170252 July 5, 1979, ......do.............. Do.
County. Emerg; June 17,
1986, Reg; April
14, 2009, Susp.
Jersey County, 170312 April 1, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1984, Reg;
April 14, 2009,
Susp.
Jerseyville, City of, 170315 June 17, 1981, ......do.............. Do.
Jersey County. Emerg; July 18,
1985, Reg; April
14, 2009, Susp.
Wisconsin:
Cascade, Village of, 550425 January 20, 1976, ......do.............. Do.
Sheboygan County. Emerg; October
15, 1981, Reg;
April 14, 2009,
Susp.
Howards Grove, Village of, 550608 November 14, ......do.............. Do.
Sheboygan County. 1983, Emerg;--,
Reg; April 14,
2009, Susp.
Kohler, Village of, 550426 May 13, 1975, ......do.............. Do.
Sheboygan County. Emerg; April 2,
1991, Reg; April
14, 2009, Susp.
Oostburg, Village of, 550427 N/A, Emerg; ......do.............. Do.
Sheboygan County. August 31, 1998,
Reg; April 14,
2009, Susp.
Plymouth, City of, 550428 February 14, ......do.............. Do.
Sheboygan County. 1975, Emerg;
July 5, 1983,
Reg; April 14,
2009, Susp.
Random Lake, Village of, 550429 July 30, 1975, ......do.............. Do.
Sheboygan County. Emerg; April 1,
1981, Reg; April
14, 2009, Susp.
Sheboygan, City of, 550430 April 23, 1971, ......do.............. Do.
Sheboygan County. Emerg; March 15,
1977, Reg; April
14, 2009, Susp.
Sheboygan County, 550424 April 4, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; July 17,
1978, Reg; April
14, 2009, Susp.
Sheboygan Falls, City of, 550431 June 10, 1975, ......do.............. Do.
Sheboygan County. Emerg; April 2,
1991, Reg; April
14, 2009, Susp.
Region VI
Louisiana:
Lincoln Parrish, 230366 August 9, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1991, Reg; April
14, 2009, Susp.
Ruston, City of, Lincoln 220347 February 19, ......do.............. Do.
Parrish. 1975, Emerg;
June 15, 1981,
Reg; April 14,
2009, Susp.
Region VIII
Utah:
Enterprise, City of, 490169 June 27, 1986, ......do.............. Do.
Washington County. Emerg; April 1,
1987, Reg; April
14, 2009, Susp.
Hurricane, City of, 490172 August 5, 1975, ......do.............. Do.
Washington County. Emerg; February
2, 1984, Reg;
April 14, 2009,
Susp.
Ivins, City of, Washington 490173 October 21, 1974, ......do.............. Do.
County. Emerg; August
23, 1982, Reg;
April 14, 2009,
Susp.
LaVerkin, City of, 490174 September 3, ......do.............. Do.
Washington County. 1975, Emerg;
February 2,
1984, Reg; April
14, 2009, Susp.
Leeds, Town of, Washington 490175 August 11, 1978, ......do.............. Do.
County. Emerg; February
2, 1984, Reg;
,April 14, 2009
Susp.
Moab, City of, Grand County 490072 September 17, ......do.............. Do.
1974, Emerg;
June 4, 1980,
Reg; April 14,
2009, Susp.
Santa Clara, City of, 490178 August 7, 1975, ......do.............. Do.
Washington County. Emerg; August 5,
1986, Reg; April
14, 2009, Susp.
St. George, City of, 490177 August 28, 1974, ......do.............. Do.
Washington County. Emerg; August
19, 1987, Reg;
April 14, 2009,
Susp.
Toquerville, Town of, 490180 July 20, 1984, ......do.............. Do.
Washington County. Emerg; February
9, 1986, Reg;
April 14, 2009,
Susp.
Virgin, Town of, Washington 490181 June 25, 1975, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; April
14, 2009, Susp.
Washington, City of, 490182 July 7, 1975, ......do.............. Do.
Washington County. Emerg; July 1,
1987, Reg; April
14, 2009, Susp.
Washington County, 490224 October 15, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; March 18,
1986, Reg; April
14, 2009, Susp.
[[Page 17097]]
Region IX
California:
Carmel By The Sea, City of, 060196 N/A, Emerg; ......do.............. Do.
Monterey County. December 18,
1997, Reg; April
14, 2009, Susp.
Del Rey Oaks, City of, 060197 June 23, 1978, ......do.............. Do.
Monterey County. Emerg; November
4, 1981, Reg;
April 14, 2009,
Susp.
Gonzales, City of, Monterey 060198 July 25, 1975, ......do.............. Do.
County. Emerg; November
18, 1981, Reg;
April 14, 2009,
Susp.
Greenfield, City of, 060446 January 27, 1977, ......do.............. Do.
Monterey County. Emerg; August
23, 1982, Reg;
April 14, 2009,
Susp.
Monterey County, 060195 March 9, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; January
30, 1984, Reg;
April 14, 2009,
Susp.
Pacific Grove, City of, 060201 N/A, Emerg; ......do.............. Do.
Monterey County. January 12,
1998, Reg; April
14, 2009, Susp.
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\*\do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: March 26, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-8379 Filed 4-10-09; 8:45 am]
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