Suspension of Community Eligibility
Federal Register: January 7, 2009 (Volume 74, Number 4)
Rules and Regulations
Page 641-643
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr07ja09-8
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 64
Docket No. FEMA-8055
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 Date: 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.
Page 642
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:
Boones Mill, Town of,
510062 January 21, 1975, Dec. 16, 2008......... Dec. 16, 2008
Franklin County.
Emerg; September 1, 1978, Reg;
December 16, 2008, Susp.
Franklin County,
510061 May 23, 1974,
......do *............ Do.
Unincorporated Areas.
Emerg; May 19, 1981, Reg;
December 16, 2008, Susp.
Richmond County,
510310 January 20, 1975, ......do.............. Do.
Unincorporated Areas.
Emerg; March 16, 1989, Reg;
December 16, 2008, Susp.
Rocky Mount, Town of,
510291 June 18, 1975,
......do.............. Do.
Franklin County.
Emerg; May 1, 1980, Reg;
December 16, 2008, Susp.
Region IV
Alabama:
Bridgeport, Town of,
015009 July 18, 1974,
......do.............. Do.
Jackson County.
Emerg; July 18, 1985, Reg;
December 16, 2008, Susp.
Dutton, Town of, Jackson
010353 July 7, 1976,
......do.............. Do.
County.
Emerg; March 18, 1985, Reg;
December 16, 2008, Susp.
Hollywood, Town of, Jackson
010111 July 26, 1974,
......do.............. Do.
County.
Emerg; September 29, 1986, Reg;
December 16, 2008, Susp.
Page 643
Paint Rock, Town of,
010214 July 30, 1975,
......do.............. Do.
Jackson County.
Emerg; June 17, 1986, Reg;
December 16, 2008, Susp.
Scottsboro, City of,
010112 June 26, 1974,
......do.............. Do.
Jackson County.
Emerg; September 18, 1985, Reg;
December 16, 2008, Susp.
Stevenson, Town of, Jackson
010113 October 16, 1974, ......do.............. Do.
County.
Emerg; December 17, 1987, Reg;
December 16, 2008, Susp.
Tennessee:
Blaine, City of, Grainger
470398 November 26,
......do.............. Do.
County.
1988, Emerg;
December 5, 1990, Reg;
December 16, 2008, Susp.
Jefferson City, Town of,
475430 October 23, 1970, ......do.............. Do.
Jefferson County.
Emerg; April 9, 1971, Reg;
December 16, 2008, Susp.
Region V
Ohio:
Magnetic Springs, Village
390839 April 30, 1999,
......do.............. Do. of, Union County.
Emerg; July 1, 2000, Reg;
December 16, 2008, Susp.
Marysville, City of, Union
390548 April 30, 1975,
......do.............. Do.
County.
Emerg; April 2, 1986, Reg;
December 16, 2008, Susp.
Milford Center, Village of,
390662 May 14, 1975,
......do.............. Do.
Union County.
Emerg; June 2, 1995, Reg;
December 16, 2008, Susp.
Richwood, Village of, Union
390549 July 11, 1975,
......do.............. Do.
County.
Emerg; April 17, 1995, Reg;
December 16, 2008, Susp.
Union County,
390808 March 16, 1977,
......do.............. Do.
Unincorporated Areas.
Emerg; September 27, 1991, Reg;
December 16, 2008, Susp.
Region VI
New Mexico:
Eunice, City of, Lea County
350028 August 18, 1975, ......do.............. Do.
Emerg; August 22, 1978, Reg;
December 16, 2008, Susp.
Hobbs, City of, Lea County.
350029 September 20,
......do.............. Do. 1976, Emerg;
July 16, 1991,
Reg; December 16, 2008, Susp.
Jal, City of, Lea County...
350030 September 28,
......do.............. Do. 1977, Emerg;
August 19, 1985,
Reg; December 16, 2008, Susp.
Tatum, Town of, Lea County.
350032 October 16, 1980, ......do.............. Do.
Emerg; July 1, 1988, Reg;
December 16, 2008, Susp.
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: December 12, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
FR Doc. E9-17 Filed 1-6-09; 8:45 am
BILLING CODE 9110-12-P
