Suspension of Community Eligibility
Federal Register: October 30, 2008 (Volume 73, Number 211)
Rules and Regulations
Page 64554-64556
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr30oc08-9
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 64
Docket No. FEMA-8047
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.
Previously, 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.
Page 64555
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 IV
Alabama: Grove Hill, Town of,
010039 June 3, 1976,
Oct. 16, 2008......... Oct. 16, 2008.
Clarke County.
Emerg; September 4, 1985, Reg;
October 16, 2008, Susp.
Mississippi:
George County,
280223 May 2, 1975,
......*do............. Do.
Unincorporated Areas.
Emerg; August 16, 1988, Reg;
October 16, 2008, Susp.
Lucedale, City of, George
280056 April 24, 1975,
......do.............. Do.
County.
Emerg; April 15, 1986, Reg;
October 16, 2008, Susp.
Tunica County,
280236 September 5,
......do.............. Do.
Unincorporated Areas.
1974, Emerg;
July 3, 1990,
Reg; October 16, 2008, Susp.
Tunica, Town of, Tunica
280196 January 28, 1974, ......do.............. Do.
County.
Emerg; January 5, 1978, Reg;
October 16, 2008, Susp.
Kentucky:
Lee County, Unincorporated
210135 July 9, 1975,
......do.............. Do.
Areas.
Emerg; September 27, 1985, Reg;
October 16, 2008, Susp.
Beattyville, City of, Lee
210136 September 17,
......do.............. Do.
County.
1973, Emerg;
July 3, 1978,
Reg; October 16, 2008, Susp.
Tennessee:
Dyer County, Unincorporated
470284 February 18,
......do.............. Do.
Areas.
1975, Emerg;
March 1, 1982,
Reg; October 16, 2008, Susp.
Dyersburg, City of, Dyer
470047 May 2, 1975,
......do.............. Do.
County.
Emerg; March 1, 1982, Reg;
October 16, 2008, Susp.
Trimble, Town of, Dyer
470223 May 30, 1986,
......do.............. Do.
County.
Emerg; June 4, 1987, Reg;
October 16, 2008, Susp.
Lavergne, City of,
470167 September 8,
......do.............. Do.
Rutherford County.
1975, Emerg;
June 15, 1984,
Reg; October 16, 2008, Susp.
Rutherford County,
470165 January 30, 1975, ......do.............. Do.
Unincorporated Areas.
Emerg; June 15, 1984, Reg;
October 16, 2008, Susp.
Smyrna, Town of, Rutherford
470169 November 7, 1974, ......do.............. Do.
County.
Emerg; March 16, 1983, Reg;
October 16, 2008, Susp.
North Carolina:
Bald Head Island, Village
370442 February 26,
......do.............. Do. of, Brunswick County.
1986, Emerg; May 15, 1986, Reg;
October 16, 2008, Susp.
Chowan County,
370301 August 25, 1977, ......do.............. Do.
Unincorporated Areas.
Emerg; July 3, 1985, Reg;
October 16, 2008, Susp.
Edenton, Town of, Chowan
370062 November 14,
......do.............. Do.
County.
1973, Emerg;
September 15, 1977, Reg;
October 16, 2008, Susp.
Indian Trail, Town of,
370235 June 14, 1976,
......do.............. Do.
Union County.
Emerg; March 21, 1980, Reg;
October 16, 2008, Susp.
Lake Park, Village of,
370520 August 17, 1999, ......do.............. Do.
Union County.
Emerg; August 17, 1999, Reg;
October 16, 2008, Susp.
Martin County,
370155 December 18,
......do.............. Do.
Unincorporated Areas.
1975, Emerg;
July 16, 1991,
Reg; October 16, 2008, Susp.
Marvin, Village of, Union
370514 December 28,
......do.............. Do.
County.
1998, Emerg;
December 28, 1998, Reg;
October 16, 2008, Susp.
Mineral Springs, Town of,
370529 May 17, 2000,
......do.............. Do.
Union County.
Emerg; May 17, 2000, Reg;
October 16, 2008, Susp.
Monroe, City of, Union
370236 April 21, 1975,
......do.............. Do.
County.
Emerg; January 19, 1983, Reg;
October 16, 2008, Susp.
Stallings, Town of, Union
370472 April 5, 1994,
......do.............. Do.
County.
Emerg; April 5, 1994, Reg;
October 16, 2008, Susp.
Union County,
370234 August 9, 1974,
......do.............. Do.
Unincorporated Areas.
Emerg; July 18, 1983, Reg;
October 16, 2008, Susp.
Waxhaw, Town of, Union
370473 December 28,
......do.............. Do.
County.
1998, Emerg;
December 28, 1998, Reg;
October 16, 2008, Susp.
Weddington, Town of, Union
370518 May 3, 1999,
......do.............. Do.
County.
Emerg; May 3, 1999, Reg;
October 16, 2008, Susp.
Wesley Chapel, Village of,
370525 March 12, 2000,
......do.............. Do.
Union County.
Emerg; March 12, 2000, Reg;
October 16, 2008, Susp.
Williamston, Town of,
370157 October 2, 1974, ......do.............. Do.
Martin County.
Emerg; August 19, 1987, Reg;
October 16, 2008, Susp.
Wingate, Town of, Union
370365 February 12,
......do.............. Do.
County.
1982, Emerg;
February 12, 1982, Reg;
October 16, 2008, Susp.
*do = Ditto.
Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension.
Page 64556
Dated: October 17, 2008.
Edward L. Connor,
Acting Federal Insurance Administrator, National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
FR Doc. E8-25879 Filed 10-29-08; 8:45 am
BILLING CODE 9110-12-P
