Suspension of Community Eligibility,

[Federal Register: January 28, 2008 (Volume 73, Number 18)]

[Rules and Regulations]

[Page 4697-4699]

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

[DOCID:fr28ja08-6]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8009]

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

[[Page 4698]]

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:

Bridgewater, Town of,

510134 Feb. 10, 1974, February 6, 2008........ February 6, 2008. Rockingham County.

Emerg; Dec. 15, 1983, Reg; Feb. 6, 2008, Susp.

Broadway, Town of,

510135 July 5, 1974, ......do................ Do. Rockingham County.

Emerg; June 5, 1985, Reg; Feb. 6, 2008, Susp.

Dayton, Town of,

510136 Mar. 13, 1975, ......do................ Do. Rockingham County.

Emerg; Oct. 15, 1985, Reg; Feb. 6, 2008, Susp.

Elkton, Town of,

510137 Jan. 20, 1975, ......do................ Do. Rockingham County.

Emerg; June 15, 1978, Reg; Feb. 6, 2008, Susp.

Fauquier County,

510055 Mar. 18, 1975, ......do................ Do. Unincorporated Areas.

Emerg; Nov. 1, 1979, Reg; Feb. 6, 2008, Susp.

Harrisonburg, City of,

510076 Dec. 2, 1974, ......do................ Do. Independent City.

Emerg; Nov. 3, 1989, Reg; Feb. 6, 2008, Susp.

Mt. Crawford, Town of,

510224 July 18, 1975, ......do................ Do. Rockingham County.

Emerg; June 5, 1985, Reg; Feb. 6, 2008, Susp.

Powhatan County,

510117 Feb. 5, 1975, ......do................ Do. Unincorporated Areas.

Emerg; Sept. 15, 1978, Reg; Feb. 6, 2008, Susp.

Remington, Town of,

510056 Dec. 13, 1974, ......do................ Do. Fauquier County.

Emerg; Mar. 18, 1980, Reg; Feb. 6, 2008, Susp.

Warrenton, Town of,

510057 Mar. 18, 1975, ......do................ Do. Fauquier County.

Emerg; Aug. 1, 1979, Reg; Feb. 6, 2008, Susp. West Virginia:

Belle, Town of, Kanawha

540071 July 16, 1975, ......do................ Do. County.

Emerg; Apr. 15, 1982, Reg; Feb. 6, 2008, Susp.

Cedar Grove, Town of,

540072 June 26, 1975, ......do................ Do. Kanawha County.

Emerg; June 1, 1982, Reg; Feb. 6, 2008, Susp.

Champmanville, Town of,

540092 Jan. 29, 1971, ......do................ Do. Logan County.

Emerg; Aug. 27, 1971, Reg; Feb. 6, 2008, Susp.

Charleston, City of,

540073 Mar. 24, 1975, ......do................ Do. Kanawha County.

Emerg; June 15, 1983, Reg; Feb. 6, 2008, Susp.

Chesapeake, Town of,

540074 May 22, 1975, ......do................ Do. Kanawha County.

Emerg; June 1, 1982, Reg; Feb. 6, 2008, Susp.

Clendenin, Town of,

540075 July 7, 1975, ......do................ Do. Kanawha County.

Emerg; July 16, 1984, Reg; Feb. 6, 2008, Susp.

[[Page 4699]]

Dunbar, City of, Kanawha

540076 Aug. 6, 1974, ......do................ Do. County.

Emerg; June 1, 1982, Reg; Feb. 6, 2008, Susp.

East Bank, Town of,

540077 May 29, 1975, ......do................ Do. Kanawha County.

Emerg; June 1, 1982, Reg; Feb. 6, 2008, Susp.

Glasgow, Town of, Kanawha

540078 June 9, 1975, ......do................ Do. County.

Emerg; June 15, 1982, Reg; Feb. 6, 2008, Susp.

Handley, Town of, Kanawha

540279 Dec. 3, 1975, ......do................ Do. County.

Emerg; July 5, 1984, Reg; Feb. 6, 2008, Susp.

Kanawha County,

540070 Apr. 2, 1976, ......do................ Do. Unincorporated Areas.

Emerg; Mar. 18, 1985, Reg; Feb. 6, 2008, Susp.

Logan, City of, Logan

545535 Jan. 29, 1971, ......do................ Do. County.

Emerg; July 16, 1971, Reg; Feb. 6, 2008, Susp.

Logan County,

545536 Jan. 29, 1971, ......do................ Do. Unincorporated Areas.

Emerg; Apr. 7, 1972, Reg; Feb. 6, 2008, Susp.

Man, Town of, Logan

545537 Jan. 29, 1971, ......do................ Do. County.

Emerg; Sept. 10, 1971, Reg; Feb. 6, 2008, Susp.

Marmet, Town of, Kanawha

540079 June 12, 1975, ......do................ Do. County.

Emerg; Apr. 15, 1982, Reg; Feb. 6, 2008, Susp.

Mitchell Heights, Town

540095 Jan. 29, 1971, ......do................ Do. of, Logan County.

Emerg; Aug. 13, 1971, Reg; Feb. 6, 2008, Susp.

Nitro, City of, Kanawha

540081 Apr. 21, 1975, ......do................ Do. County.

Emerg; Apr. 15, 1982, Reg; Feb. 6, 2008, Susp.

Pratt, Town of, Kanawha

540082 Apr. 18, 1975, ......do................ Do. County.

Emerg; May 1, 1984, Reg; Feb. 6, 2008, Susp.

South Charleston, City

540223 June 5, 1974, ......do................ Do. of, Kanawha County.

Emerg; June 15, 1982, Reg; Feb. 6, 2008, Susp.

Saint Albans, City of,

540083 July 16, 1975, ......do................ Do. Kanawha County.

Emerg; June 15, 1982, Reg; Feb. 6, 2008, Susp.

West Logan, Town of,

545539 Mar. 5, 1971, ......do................ Do. Logan County.

Emerg; June 2, 1972, Reg; Feb. 6, 2008, Susp.

Region VIII

North Dakota:

Barnes County,

380339 Apr. 19, 1978, ......do................ Do. Unincorporated Areas.

Emerg; June 4, 1987, Reg; Feb. 6, 2008, Susp.

Kathryn, City of, Barnes

380001 June 4, 1975, ......do................ Do. County.

Emerg; July 19, 1982, Reg; Feb. 6, 2008, Susp.

Litchville, City of,

380187 Apr. 11, 1978, ......do................ Do. Barnes County.

Emerg; Nov. 20, 1979, Reg; Feb. 6, 2008, Susp.

Valley City, City of,

380002 Apr. 11, 1974, ......do................ Do. Barnes County.

Emerg; Sept. 28, 1984, Reg; Feb. 6, 2008, Susp.

*-do- = Ditto.

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

Dated: January 18, 2008. David I. Maurstad, Assistant AdministratorMitigation Directorate,Department of Homeland Security,Federal Emergency Management Agency.

[FR Doc. E8-1396 Filed 1-25-08; 8:45 am]

BILLING CODE 9110-12-P

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