Suspension of Community Eligibility
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
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.
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:
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:
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.
\*\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
BILLING CODE 9110-12-P
