Suspension of Community Eligibility, 46394-46396 [E7-16279]

Download as PDF 46394 Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Rules and Regulations TABLE 1.—EPA APPROVED TENNESSEE REGULATIONS State citation * * * Section 1200–3–14.04 .... * State effective date Title/subject * * * Chapter 1200–3–14 Control of Sulfur Dioxide Emissions * * * CAIR SO2 Annual Trading Program ....................... * * * * * CAIR NOX Annual Trading Program ...................... Section 1200–3–27.11 .... CAIR NOX Ozone Season Trading Program ......... * * 3. The authority citation for part 97 continues to read as follows: * I 4. Appendix A to Subpart EE is amended by adding in alphabetical order the entry ‘‘Tennessee’’ under paragraph 1. to read as follows: I Appendix A to Subpart EE of Part 97— States With Approved State Implementation Plan Revisions Concerning Allocations: 1. * * * Tennessee Appendix A to Subpart EEEE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations * * * * * Tennessee 8. Appendix A to Subpart IIII of Part 97 is amended by adding in alphabetical order the entry ‘‘Tennessee’’ under paragraphs 1. and 2. to read as follows: I * * * * * 5. Appendix A to Subpart II of Part 97 is amended by adding in alphabetical order the entry ‘‘Tennessee’’ under paragraphs 1. and 2. to read as follows: I Appendix A to Subpart II of Part 97— States With Approved State Implementation Plan Revisions Concerning CAIR NOXOpt-In Units Appendix A to Subpart IIII of Part 97– States With Approved State Implementation Plan Revisions Concerning CAIR NOXOzone Season Opt-in Units 1. * * * 1. * * * Tennessee 2. * * * Tennessee Tennessee 6. Appendix A to Subpart III of Part 97 is amended by adding in alphabetical order the entry ‘‘Tennessee’’ under paragraphs 1. and 2. to read as follows: BILLING CODE 6560–50–P 2. * * * Tennessee [FR Doc. E7–15782 Filed 8–17–07; 8:45 am] I Appendix A to Subpart III of Part 97— States With Approved State Implementation Plan Revisions Concerning CAIR SO2Opt-In Units 1. * * * Tennessee 2. * * * VerDate Aug<31>2005 14:16 Aug 17, 2007 Jkt 211001 PO 00000 * * * * * * DEPARTMENT OF HOMELAND SECURITY 7. Appendix A to Subpart EEEE of Part 97 is amended by adding in alphabetical order the entry ‘‘Tennessee’’ under the introductory text to read as follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et seq. * * * 11/06/06 8/20/07 [Insert citation of publication] 11/06/06 8/20/07 [Insert citation of publication] Tennessee I rfrederick on PROD1PC67 with RULES * * 11/06/06 8/20/07 [Insert citation of publication] * PART 97—[AMENDED] Explanation * * * Chapter 1200–3–27 Nitrogen Oxides * Section 1200–3–27.10 .... * EPA approval date Frm 00022 Fmt 4700 Sfmt 4700 Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–7987] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: 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. E:\FR\FM\20AUR1.SGM 20AUR1 46395 Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Rules and Regulations 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 Community No. State and location 010415 Dale County, Unincorporated Areas ..... 010060 Kentucky: Elizabeth, City of, Hardin County .......... 210095 Hardin County, Unincorporated Areas .. rfrederick on PROD1PC67 with RULES Region IV Alabama: Clayhatchee, Town of, Dale County ..... 210094 Vine Grove, City of, Hardin County ....... 210096 North Carolina: Durham, City of, Durham County .......... 370086 VerDate Aug<31>2005 14:16 Aug 17, 2007 Jkt 211001 PO 00000 Frm 00023 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. I Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: I 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. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: I Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Current effective map date January 6, 1995, Emerg;—, Reg; August 18, 2007, Susp. September 10, 1975, Emerg; July 4, 1989, Reg; August 18, 2007, Susp. 08/16/2007 ....... 08/16/2007. ......do* .............. Do. May 23, 1975, Emerg; December 2, 1980, Reg; August 18, 2007, Susp. February 1, 1979, Emerg; November 4, 1988, Reg; August 18, 2007, Susp. July 18, 1995, Emerg; July 18, 1995, Reg; August 18, 2007, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. July 13, 1973, Emerg; January 17, 1979, Reg; August 2, 2007, Susp. 08/02/2007 ....... 08/02/2007. Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1 46396 Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Rules and Regulations Community No. State and location Durham County, Unincorporated Areas 370085 Lincoln County, Unincorporated Areas 370146 Lincolnton, City of, Lincoln County ........ 370147 Region VI Louisiana: Ascension Parish, Unincorporated Areas. Donaldsonville, City of, Ascension County. Sorrento, Town of, Ascension County .. 220013 220014 220016 Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Current effective map date March 16, 1973, Emerg; February 15, 1979, Reg; August 2, 2007, Susp. January 27, 1976, Emerg; December 1, 1981, Reg; August 18, 2007, Susp. November 3, 1975, Emerg; December 1, 1981, Reg; August 18, 2007, Susp. ......do* .............. Do. 08/16/2007 ....... 08/16/2007. ......do* .............. Do. April 26, 1973, Emerg; September 2, 1981, Reg; August 18, 2007, Susp. April 25, 1973, Emerg; May 15, 1980, Reg; August 18, 2007, Susp. April 30, 1973, Emerg; June 1,1978, Reg; August 18, 2007, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. *Do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: August 13, 2007. David I. Maurstad, Assistant Administrator Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7–16279 Filed 8–17–07; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–B–7730 and B–7729] Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Interim rule. rfrederick on PROD1PC67 with RULES AGENCY: SUMMARY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety (90) days in which to request through the community that the Mitigation Assistant Administrator of FEMA reconsider the changes. The VerDate Aug<31>2005 14:42 Aug 17, 2007 Jkt 211001 modified BFEs may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by the other Federal, State, or regional entities. The changes BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This interim 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 interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. I Accordingly, 44 CFR part 65 is amended to read as follows: E:\FR\FM\20AUR1.SGM 20AUR1

Agencies

[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Rules and Regulations]
[Pages 46394-46396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16279]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7987]


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.

[[Page 46395]]


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.
    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:
    Clayhatchee, Town of, Dale         010415  January 6, 1995,   08/16/2007............  08/16/2007.
     County.                                    Emerg;--, Reg;
                                                August 18, 2007,
                                                Susp.
    Dale County, Unincorporated        010060  September 10,      ......do*.............  Do.
     Areas.                                     1975, Emerg;
                                                July 4, 1989,
                                                Reg; August 18,
                                                2007, Susp.
Kentucky:
    Elizabeth, City of, Hardin         210095  May 23, 1975,      ......do..............  Do.
     County.                                    Emerg; December
                                                2, 1980, Reg;
                                                August 18, 2007,
                                                Susp.
    Hardin County,                     210094  February 1, 1979,  ......do..............  Do.
     Unincorporated Areas.                      Emerg; November
                                                4, 1988, Reg;
                                                August 18, 2007,
                                                Susp.
    Vine Grove, City of, Hardin        210096  July 18, 1995,     ......do..............  Do.
     County.                                    Emerg; July 18,
                                                1995, Reg;
                                                August 18, 2007,
                                                Susp.
North Carolina:
    Durham, City of, Durham            370086  July 13, 1973,     08/02/2007............  08/02/2007.
     County.                                    Emerg; January
                                                17, 1979, Reg;
                                                August 2, 2007,
                                                Susp.

[[Page 46396]]

 
    Durham County,                     370085  March 16, 1973,    ......do*.............  Do.
     Unincorporated Areas.                      Emerg; February
                                                15, 1979, Reg;
                                                August 2, 2007,
                                                Susp.
    Lincoln County,                    370146  January 27, 1976,  08/16/2007............  08/16/2007.
     Unincorporated Areas.                      Emerg; December
                                                1, 1981, Reg;
                                                August 18, 2007,
                                                Susp.
    Lincolnton, City of,               370147  November 3, 1975,  ......do*.............  Do.
     Lincoln County.                            Emerg; December
                                                1, 1981, Reg;
                                                August 18, 2007,
                                                Susp.
 
           Region VI
 
Louisiana:
    Ascension Parish,                  220013  April 26, 1973,    ......do..............  Do.
     Unincorporated Areas.                      Emerg; September
                                                2, 1981, Reg;
                                                August 18, 2007,
                                                Susp.
    Donaldsonville, City of,           220014  April 25, 1973,    ......do..............  Do.
     Ascension County.                          Emerg; May 15,
                                                1980, Reg;
                                                August 18, 2007,
                                                Susp.
    Sorrento, Town of,                 220016  April 30, 1973,    ......do..............  Do.
     Ascension County.                          Emerg; June
                                                1,1978, Reg;
                                                August 18, 2007,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 13, 2007.
David I. Maurstad,
Assistant Administrator Mitigation, Department of Homeland Security, 
Federal Emergency Management Agency.
 [FR Doc. E7-16279 Filed 8-17-07; 8:45 am]
BILLING CODE 9110-12-P