Suspension of Community Eligibility

Federal Register: August 14, 2009 (Volume 74, Number 156)

Rules and Regulations

Page 41056-41059

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

DOCID:fr14au09-10

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 64

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8087

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 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.

Page 41057

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:

Colonial Beach, Town of,

510172 March 5, 1975,

August 18, 2009......... August 18, 2009.

Westmoreland County.

Emerg; September 18, 1987, Reg;

August 18, 2009,

Susp.

Westmoreland County,

510250 September 23, 1974, ......*do............... Do.

Unincorporated Areas.

Emerg; September 18, 1987, Reg;

August 18, 2009,

Susp.

Region IV

Alabama:

Barbour County,

010315 January 20, 1976,

......do................ Do.

Unincorporated Areas.

Emerg; January 1, 1987, Reg; August 18, 2009, Susp.

Blue Springs, Town of,

010224 November 3, 1975,

......do................ Do.

Barbour County.

Emerg; September 1, 1986, Reg;

August 18, 2009,

Susp.

Brent, Town of, Bibb County..

010012 November 1, 1974,

......do................ Do.

Emerg; September 4, 1985, Reg;

August 18, 2009,

Susp.

Centreville, City of, Bibb

010369 May 28, 1975,

......do................ Do.

County.

Emerg; August 19, 1985, Reg; August 18, 2009, Susp.

Clayton, Town of, Barbour

010377 April 11, 1990,

......do................ Do.

County.

Emerg; May 1, 1994, Reg; August 18, 2009, Susp.

Clio, Town of, Barbour County

010223 December 30, 1975, ......do................ Do.

Emerg; July 18, 1985, Reg; August 18, 2009, Susp.

Double Springs, Town of,

010350 February 8, 1991,

......do................ Do.

Winston County.

Emerg; September 1, 1991, Reg;

August 18, 2009,

Susp.

Eufaula, City of, Barbour

010011 April 10, 1975,

......do................ Do.

County.

Emerg; January 15, 1988, Reg; August 18, 2009, Susp.

Haleyville, City of, Winston

010303 October 23, 1975,

......do................ Do.

County.

Emerg; June 25, 1976, Reg; August 18, 2009, Susp.

Louisville, Town of, Barbour

010225 November 25, 1975, ......do................ Do.

County.

Emerg; September 1, 1987, Reg;

August 18, 2009,

Susp.

West Blockton, Town of, Bibb

010014 October 24, 1974,

......do................ Do.

County.

Emerg; September 18, 1985, Reg;

August 18, 2009,

Susp.

Winston County,

010304 January 14, 1991,

......do................ Do.

Unincorporated Areas.

Emerg; September 1, 1991, Reg;

August 18, 2009,

Susp.

Florida:

Kenneth, City of, Pinellas

120245 August 6, 1974,

......do................ Do.

County.

Emerg; January 16, 1981, Reg; August 18, 2009, Susp.

Leon County, Unincorporated

120143 June 4, 1973,

......do................ Do.

Areas.

Emerg; March 3, 2000, Reg; August 18, 2009, Susp.

Pinellas Park, City of,

120251 October 8, 1971,

......do................ Do.

Pinellas County.

Emerg; August 15, 1977, Reg; August 18, 2009, Susp.

Tallahassee, City of, Leon

120144 March 10, 1972,

......do................ Do.

County.

Emerg; December 6, 1976, Reg; August 18, 2009, Susp.

Georgia:

Baker County, Unincorporated

130270 August 18, 1994,

......do................ Do.

Areas.

Emerg; June 19, 1997, Reg; August 18, 2009, Susp.

Butts County, Unincorporated

130518 January 24, 1995,

......do................ Do.

Areas.

Emerg; March 18, 1996, Reg; August 18, 2009, Susp.

Cairo, City of, Grady County.

130097 May 30, 1975,

......do................ Do.

Emerg; September 1, 1986, Reg;

August 18, 2009,

Susp.

Colquitt, City of, Miller

130135 July 22, 1992,

......do................ Do.

County.

Emerg; April 1, 1993, Reg; August 18, 2009, Susp.

Flovilla, City of, Butts

130283 July 13, 1976,

......do................ Do.

County.

Emerg; September 29, 1986, Reg;

August 18, 2009,

Susp.

Grady County, Unincorporated

130096 October 20, 1994,

......do................ Do.

Areas.

Emerg; April 1, 1996, Reg; August 18, 2009, Susp.

Ideal, City of, Grady County.

130520 February 1, 1995,

Emerg; April 3, 1996, Reg; August 18, 2009, Susp.

Jackson, City of, Butts

130222 July 8, 1975,

......do................ Do.

County.

Emerg; September 29, 1986, Reg;

August 18, 2009,

Susp.

Jenkinsburg, Town of, Butts

130525 January 3, 2001,

......do................ Do.

County.

Emerg; NA, Reg;

August 18, 2009,

Susp.

Page 41058

Macon County, Unincorporated

130506 September 22, 1994, ......do................ Do.

Areas.

Emerg; April 3, 1996, Reg; August 18, 2009, Susp.

Marshallville, Town of, Macon

130536 NA, Emerg; March

......do................ Do.

County.

19, 1999, Reg;

August 18, 2009,

Susp.

Miller County, Unincorporated

130134 November 29, 1994, ......do................ Do.

Areas.

Emerg; NA, Reg;

August 18, 2009,

Susp.

Montezuma, City of, Macon

130136 February 21, 1975, ......do................ Do.

County.

Emerg; August 1, 1986, Reg; August 18, 2009, Susp.

Newton, City of, Baker County

130004 May 29, 1975,

......do................ Do.

Emerg; September 1, 1986, Reg;

August 18, 2009,

Susp.

Oglethorpe, City of, Macon

130133 February 22, 1975, ......do................ Do.

County.

Emerg; September 29, 1986, Reg;

August 18, 2009,

Susp.

Unified Government of,

135268 February 27, 2006, ......do................ Do.

Webster County.

Emerg; NA, Reg;

August 18, 2009,

Susp.

North Carolina:

Mount Airy, City of, Surry

370226 May 28, 1975,

......do................ Do.

County.

Emerg; December 1, 1981, Reg; August 18, 2009, Susp.

Surry County, Unincorporated

370364 November 9, 1979,

......do................ Do.

Areas.

Emerg; December 1, 1981, Reg; August 18, 2009, Susp.

Region V

Illinois:

Bluffs, Village of, Scott

170608 April 28, 1983,

......do................ Do.

County.

Emerg; April 28, 1983, Reg; August 18, 2009, Susp.

Meredosia, Village of, Morgan

170517 March 13, 1974,

......do................ Do.

County.

Emerg; April 15, 1982, Reg; August 18, 2009, Susp.

Morgan County, Unincorporated

170903 April 4, 1979,

......do................ Do.

Areas.

Emerg; January 17, 1986, Reg; August 18, 2009, Susp.

Ohio:

Ashland County,

390759 April 20, 1982,

......do................ Do.

Unincorporated Areas.

Emerg; January 1, 1988, Reg; August 18, 2009, Susp.

Creston, Village of, Wayne

390575 NA, Emerg; October ......do................ Do.

County.

17, 1994, Reg;

August 18, 2009,

Susp.

Perrysville, Village of,

390730 April 6, 1976,

......do................ Do.

Ashland County.

Emerg; August 1, 1987, Reg; August 18, 2009, Susp.

Streetsboro, City of, Portage

390797 April 16, 1976,

......do................ Do.

County.

Emerg; December 18, 1984, Reg;

August 18, 2009,

Susp.

Windham, Village of, Portage

390459 October 14, 1976,

......do................ Do.

County.

Emerg; December 14, 1979, Reg;

August 18, 2009,

Susp.

Wisconsin:

Bellevue, Village of, Brown

550627 NA, Emerg; February ......do................ Do.

County.

9, 2005, Reg;

August 18, 2009,

Susp.

Brown County, Unincorporated

550020 March 10, 1972,

......do................ Do.

Areas.

Emerg; April 17, 1978, Reg; August 18, 2009, Susp.

De Pere, City of, Brown

550021 June 12, 1975,

......do................ Do.

County.

Emerg; July 2, 1981, Reg; August 18, 2009, Susp.

Green Bay, City of, Brown

550022 August 30, 1974,

......do................ Do.

County.

Emerg; September 30, 1977, Reg;

August 18, 2009,

Susp.

Pulaski, Village of, Brown

550024 February 27, 1976, ......do................ Do.

County.

Emerg; August 3, 1981, Reg; August 18, 2009, Susp.

Region VII

Kansas:

Basehor, City of, Leavenworth

200187 August 6, 1975,

......do................ Do.

County.

Emerg; December 7, 1984, Reg; August 18, 2009, Susp.

Leavenworth, City of,

200190 May 1, 1973, Emerg; ......do................ Do.

Leavenworth County.

January 5, 1978,

Reg; August 18, 2009, Susp.

*do = Ditto.

Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Page 41059

Dated: August 11, 2009.

Deborah Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation

Directorate.

FR Doc. E9-19540 Filed 8-13-09; 8:45 am

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