[Federal Register: October 27, 2009 (Volume 74, Number 206)] [Rules and Regulations] [Page 55151-55154] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27oc09-19] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8101] 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 [[Page 55152]] 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 IV Alabama: Andalusia, City of, 010331 February 26, Nov. 4, 2009.......... Nov. 4, 2009 Covington County. 1999, Emerg; N/ A, Reg; November 4, 2009, Susp. Benton, Town of, Lowndes 015002 February 25, *......do............. Do. County. 1972, Emerg; April 6, 1973, Reg; November 4, 2009, Susp. Conecuh County, 010319 March 31, 1998, ......do.............. Do. Unincorporated Areas. Emerg; N/A, Reg; November 4, 2009, Susp. Covington County, 010244 August 4, 1989, ......do.............. Do. Unincorporated Areas. Emerg; September 1, 1990, Reg; November 4, 2009, Susp. Evergreen, City of, Conecuh 010051 September 3, ......do.............. Do. County. 1976, Emerg; May 26, 1998, Reg; November 4, 2009, Susp. Lowndes County, 010272 December 11, ......do.............. Do. Unincorporated Areas. 1975, Emerg; August 15, 1984, Reg; November 4, 2009, Susp. Opp, City of, Covington 010241 October 20, 1975, ......do.............. Do. County. Emerg; July 18, 1985, Reg; November 4, 2009, Susp. Red Level, Town of, 010243 May 3, 1999, ......do.............. Do. Covington County. Emerg; N/A, Reg; November 4, 2009, Susp. River Falls, Town of, 010054 December 24, ......do.............. Do. Covington County. 1975, Emerg; July 8, 1977, Reg; November 4, 2009, Susp. North Carolina: Ashe County, Unincorporated 370007 August 4, 1975, ......do.............. Do. Areas. Emerg; August 16, 1988, Reg; November 4, 2009, Susp. Jefferson, Town of, Ashe 370008 September 5, ......do.............. Do. County. 1975, Emerg; August 16, 1988, Reg; November 4, 2009, Susp. Lansing, Town of, Ashe 370374 September 4, ......do.............. Do. County. 1975, Emerg; August 5, 1986, Reg; November 4, 2009, Susp. West Jefferson, Town of, 370009 August 21, 1975, ......do.............. Do. Ashe County. Emerg; June 4, 1987, Reg; November 4, 2009, Susp. [[Page 55153]] Region V Wisconsin: Brandon, Village of, Fond 550132 March 31, 1975, ......do.............. Do. Du Lac County. Emerg; September 16, 1988, Reg; November 4, 2009, Susp. Campbellsport, Village of, 550133 May 13, 1975, ......do.............. Do. Fond Du Lac County. Emerg; May 15, 1978, Reg; November 4, 2009, Susp. Fond Du Lac, City of, Fond 550136 March 8, 1974, ......do.............. Do. Du Lac County. Emerg; January 3, 1979, Reg; November 4, 2009, Susp. Fond Du Lac County, 550131 April 2, 1974, ......do.............. Do. Unincorporated Areas. Emerg; July 19, 1982, Reg; November 4, 2009, Susp. Kewaskum, Village of, 550474 July 7, 1975, ......do.............. Do. Washington County. Emerg; January 6, 1982, Reg; November 4, 2009, Susp. Mount Calvary, Village of, 550137 August 1, 1975, ......do.............. Do. Fond Du Lac County. Emerg; September 30, 1976, Reg; November 4, 2009, Susp. North Fond Du Lac, Village 550138 March 27, 1975, ......do.............. Do. of, Fond Du Lac County. Emerg; December 4, 1979, Reg; November 4, 2009, Susp. Ripon, City of, Fond Du Lac 550140 July 2, 1975, ......do.............. Do. County. Emerg; August 15, 1980, Reg; November 4, 2009, Susp. Rosendale, Village of, Fond 550141 October 20, 1975, ......do.............. Do. Du Lac County. Emerg; September 29, 1989, Reg; November 4, 2009, Susp. St. Cloud, Village of, Fond 550142 April 23, 1976, ......do.............. Do. Du Lac County. Emerg; July 1, 1987, Reg; November 4, 2009, Susp. Waupun, City of, Fond Du 550108 January 21, 1975, ......do.............. Do. Lac County. Emerg; August 15, 1984, Reg; November 4, 2009, Susp. Region VII Kansas: McLouth, City of, Jefferson 200148 July 21, 1975, ......do.............. Do. County. Emerg; July 20, 1984, Reg; November 4, 2009, Susp. Oskaloosa, City of, 200151 November 21, ......do.............. Do. Jefferson County. 1975, Emerg; August 3, 1984, Reg; November 4, 2009, Susp. Missouri:...................... Marthasville, City of, 290444 September 14, ......do.............. Do. Warren County. 1983, Emerg; September 14, 1983, Reg; November 4, 2009, Susp. Warren County, 290443 June 1, 1984, ......do.............. Do. Unincorporated Areas. Emerg; April 3, 1985, Reg; November 4, 2009, Susp. Wright City, City of, 290654 NA, Emerg; March ......do.............. Do. Warren County. 26, 2008, Reg; November 4, 2009, Susp. Region VIII South Dakota: Big Stone City, City of, 460156 July 11, 1995, ......do.............. Do. Grant County. Emerg; July 1, 1998, Reg; November 4, 2009, Susp. Milbank, City of, Grant 460200 April 23, 1980, ......do.............. Do. County. Emerg; December 9, 1985, Reg; November 4, 2009, Susp. Revillo, Town of, Grant 460031 June 30, 1975, ......do.............. Do. County. Emerg; October 1, 1986, Reg; November 4, 2009, Susp. Wyoming: Converse County, 560082 April 22, 1983, ......do.............. Do. Unincorporated Areas. Emerg; April 5, 1988, Reg; November 4, 2009, Susp. Douglas, City of, Converse 560013 October 2, 1975, ......do.............. Do. County. Emerg; October 17, 1978, Reg; November 4, 2009, Susp. Glenrock, Town of, Converse 560014 June 2, 1975, ......do.............. Do. County. Emerg; November 15, 1985, Reg; November 4, 2009, Susp. ---------------------------------------------------------------------------------------------------------------- *......Do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. [[Page 55154]] Dated: October 9, 2009. Edward L. Connor, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9-25835 Filed 10-26-09; 8:45 am] BILLING CODE 9110-12-P
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