Flood insurance; communities eligible for sale: Various States,

[Federal Register: September 26, 2007 (Volume 72, Number 186)]

[Rules and Regulations]

[Page 54588-54591]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26se07-19]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7991]

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.

ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office.

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

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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

assist- ance no longer insurance in

available in SFHAs community

Region III

Maryland:

Brunswick, City of,

240028 August 16, 1974, Sept. 19, 2007........ Sept. 19, 2007. Frederick County.

Emerg; January 7, 1977, Reg; September 19, 2007, Susp.

Emmitsburg, Town of,

240029 May 6, 1975, ......do*............. Do. Frederick County.

Emerg; September 17, 1980, Reg; September 19, 2007, Susp.

Frederick, City of,

240030 May 24, 1973, ......do.............. Do. Frederick County.

Emerg; June 15, 1978, Reg; September 19, 2007, Susp.

Frederick County,

240027 May 24, 1973, ......do.............. Do. Unincorporated Areas.

Emerg; June 1, 1978, Reg; September 19, 2007, Susp.

Middletown, Town of,

240162 December 21, ......do.............. Do. Frederick County.

1978, Emerg; October 23, 1981, Reg; September 19, 2007, Susp.

Thurmont, Town of,

240031 November 15, ......do.............. Do. Frederick County.

1974, Emerg; September 28, 1979, Reg; September 19, 2007, Susp.

Walkersville, Town of,

240032 June 12, 1974, ......do.............. Do. Frederick County.

Emerg; September 30, 1980, Reg; September 19, 2007, Susp.

Woodsboro, Town of,

240033 February 26, ......do.............. Do. Frederick County.

1975, Emerg; December 15, 1978, Reg; September 19, 2007, Susp. Virginia:

Amherst, Town of, Amherst

510193 February 7, 1974, ......do.............. Do. County.

Emerg; November 2, 1977, Reg; September 19, 2007, Susp.

Amherst County,

510010 March 1, 1974, ......do.............. Do. Unincorporated Areas.

Emerg; July 17, 1978, Reg; September 19, 2007, Susp.

Fredericksburg, City of,

510065 November 5, 1973, ......do.............. Do. Independent City.

Emerg; July 2, 1979, Reg; September 19, 2007, Susp. Region IV

Georgia: Temple, City of,

130288 December 22, ......do.............. Do. Carroll County.

1986, Emerg; September 18, 1987, Reg; September 19, 2007, Susp. North Carolina:

Creswell, Town of,

370443 January 24, 1975, ......do.............. Do. Washington County.

Emerg; August 19, 1985, Reg; September 19, 2007, Susp.

Hamilton, Town of, Martin

370334 March 26, 1979, ......do.............. Do. County.

Emerg; January 1, 1987, Reg; September 19, 2007, Susp.

Martin County,

370155 December 18, ......do.............. Do. Unincorporated Areas.

1975, Emerg; July 16, 1991, Reg; September 19, 2007, Susp.

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Plymouth, Town of,

370249 April 11, 1974, ......do.............. Do. Washington County.

Emerg; August 19, 1985, Reg; September 19, 2007, Susp.

Robersonville, Town of,

370156 July 7, 1975, ......do.............. Do. Martin County.

Emerg; July 1, 1987, Reg; September 19, 2007, Susp.

Roper, Town of, Washington

370421 June 9, 1978, ......do.............. Do. County.

Emerg; August 5, 1985, Reg; September 19, 2007, Susp.

Washington County,

370247 January 24, 1975, ......do.............. Do. Unincorporated Areas.

Emerg; August 19, 1985, Reg; September 19, 2007, Susp.

Williamston, Town of,

370157 October 2, 1974, ......do.............. Do. Martin County.

Emerg; August 19, 1987, Reg; September 19, 2007, Susp. Tennessee: Petersburg, City of,

470106 March 24, 1975, ......do.............. Do. Lincoln County.

Emerg; September 29, 1986, Reg; September 19, 2007, Susp.

Region V

Michigan:

Burlington, Township of,

261010 December 22, ......do.............. Do. Lapeer County.

1997, Emerg, Reg; September 19, 2007, Susp.

Deerfield, Township of,

260434 August 7, 1995, ......do.............. Do. Lapeer County.

Emerg, Reg; September 19, 2007, Susp.

Elba, Township of, Lapeer

260776 May 6, 1997, ......do.............. Do. County.

Emerg, Reg; September 19, 2007, Susp.

Goodland, Township of,

260988 May 6, 1997, ......do.............. Do. Lapeer County.

Emerg, Reg; September 19, 2007, Susp.

Hadley, Township of, Lapeer

261045 July 12, 2001, ......do.............. Do. County.

Emerg, Reg; September 19, 2007, Susp.

Lapeer, City of, Lapeer

260112 November 25, ......do.............. Do. County.

1974, Emerg; June 15, 1979, Reg; September 19, 2007, Susp.

Lapeer, Township of, Lapeer

260435 April 26, 1982, ......do.............. Do. County.

Emerg; February 16, 1990, Reg; September 19, 2007, Susp.

Mayfield, Township of,

260436 March 10, 1982, ......do.............. Do. Lapeer County.

Emerg; February 16, 1990, Reg; September 19, 2007, Susp.

North Branch, Village of,

260338 April 2, 1998, ......do.............. Do. Lapeer County.

Emerg, Reg; September 19, 2007, Susp.

Rich, Township of, Lapeer

261023 August 13, 1998, ......do.............. Do. County.

Emerg, Reg; September 19, 2007, Susp. Ohio:

Brice, Village of, Franklin

261023 August 13, 1998, ......do.............. Do. County.

Emerg, Reg; September 19, 2007, Susp.

Columbus, City of,

390170 May 21, 1971, ......do.............. Do. Delaware, Fairfield and

Emerg; July 5, Franklin Counties.

1983, Reg; September 19, 2007, Susp.

Fairfield County,

390158 March 21, 1977, ......do.............. Do. Unincorporated Areas.

Emerg; April 17, 1989, Reg; September 19, 2007, Susp.

Franklin County,

390167 April 19, 1973, ......do.............. Do. Unincorporated Areas.

Emerg; July 5, 1983, Reg; September 19, 2007, Susp. Region VIII

Colorado:

Canon City, City of,

080068 May 28, 1974, ......do.............. Do. Fremont County.

Emerg; November 3, 1982, Reg; September 19, 2007, Susp.

Fremont County,

080067 June 25, 1975, ......do.............. Do. Unincorporated Areas.

Emerg; September 29, 1989, Reg; September 19, 2007, Susp. Montana: Whitehall, City of,

300120 May 7, 1975, ......do.............. Do. Jefferson County.

Emerg; June 4, 1987, Reg; September 19, 2007, Susp.

\*\-do- =Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[[Page 54591]]

Dated: September 14, 2007. Michael K. Buckley, Deputy Assistant Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-18953 Filed 9-25-07; 8:45 am]

BILLING CODE 9110-12-P