Suspension of Community Eligibility, 63112-63113 [E7-21961]

Download as PDF 63112 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Rules and Regulations Dated: October 29, 2007. David I. Maurstad, Assistant Administrator Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7–21930 Filed 11–7–07; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–7997] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. rwilkins on PROD1PC63 with RULES 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. 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 VerDate Aug<31>2005 18:04 Nov 07, 2007 Jkt 214001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. Accordingly, 44 CFR part 64 is amended as follows: I 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 E:\FR\FM\08NOR1.SGM 08NOR1 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Rules and Regulations Community No. State and location Region IV Tennessee: Arlington, Township Shelby County. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date 63113 Date certain federal assistance no longer available in SFHAs of, 470262 September 10, 1981, Emerg; September 10, 1981, Reg; September 28, 2007, Susp. 09/28/2007 ............. 09/28/2007 Region V Illinois: Clinton, City of, DeWitt County ....... 170193 February 17, 1976, Emerg; August 15, 1983, Reg; November 2, 2007, Susp. July 28, 1975, Emerg; September 29, 1989, Reg; November 2, 2007, Susp. 11/02/2007 ............. 11/02/2007 ......do* ................... do. November 2, 1974, Emerg; May 19, 1981, Reg; November 2, 2007, Susp. June 6, 1977, Emerg; January 3, 1986, Reg; November 2, 2007, Susp. December 1, 2004, Emerg; December 1, 2004, Reg; November 2, 2007, Susp. December 4, 1970, Emerg; December 1, 1972, Reg; November 2, 2007, Susp. November 2, 1973, Emerg; September 15, 1977, Reg; November 2, 2007, Susp. October 9, 1970, Emerg; June 18, 1971, Reg; November 2, 2007, Susp. October 1, 1975, Emerg; July 2, 1980, Reg; November 2, 2007, Susp. February 5, 1997, Emerg; February 5, 1997, Reg; November 2, 2007, Susp. ......do ..................... do. ......do ..................... do. ......do ..................... do. ......do ..................... do. ......do ..................... do. ......do ..................... do. ......do ..................... do. ......do ..................... do. February 18, 1976, Emerg; July 6, 1984, Reg; November 2, 2007, Susp. July 3, 1996, Emerg; —, Reg; November 2, 2007, Susp. July 17, 2002, Emerg; —, Reg; November 2, 2007, Susp. ......do ..................... do. ......do ..................... do. ......do ..................... do. DeWitt County, Unincorporated Areas.. Region VI Texas: Cibolo, City of, Guadalupe County 170192 480267 Marion, City of, Guadalupe County 480268 New Berlin, City of, Guadalupe County. 481625 New Braunfels, City of, Guadalupe County. 485493 Schertz, City of, Guadalupe County 480269 Seguin, City of, Guadalupe County 485508 Selma, City of, Guadalupe County 480046 St. Hedwig, City of, Guadalupe County. Region VII Kansas: Blue Mound, City of, Linn County ... 481132 Linn County, Unincorporated Areas. 200194 Mound City, City of, Linn County .... 200197 200195 *do. = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: October 31, 2007. David I. Maurstad, Assistant Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7–21961 Filed 11–7–07; 8:45 am] DEPARTMENT OF DEFENSE BILLING CODE 9110–12–P RIN 0750–AF74 Defense Acquisition Regulations System 48 CFR Parts 202, 212, and 225 Defense Federal Acquisition Regulation Supplement; Waiver of Specialty Metals Restriction for Acquisition of Commercially Available Off-the-Shelf Items (DFARS Case 2007–D013) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement VerDate Aug<31>2005 18:04 Nov 07, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 (DFARS) to waive application of 10 U.S.C. 2533b for acquisitions of commercially available off-the-shelf (COTS) items. 10 U.S.C. 2533b, established by Section 842 of the National Defense Authorization Act for Fiscal Year 2007, places restrictions on the acquisition of specialty metals not melted or produced in the United States. DATES: Effective Date: November 8, 2007. Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L)DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0328; facsimile 703–602–7887. Please cite DFARS Case 2007–D013. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\08NOR1.SGM 08NOR1

Agencies

[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Rules and Regulations]
[Pages 63112-63113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21961]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7997]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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 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:

[[Page 63113]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Effective date
                                                              authorization/
          State and location             Community No.   cancellation of sale of       Current effective map date       Date certain federal assistance
                                                            flood insurance in                                            no longer available in SFHAs
                                                                community
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Region IV
 
Tennessee: Arlington, Township of,              470262  September 10, 1981,        09/28/2007........................  09/28/2007
 Shelby County.                                          Emerg; September 10,
                                                         1981, Reg; September 28,
                                                         2007, Susp.
 
               Region V
 
Illinois:
    Clinton, City of, DeWitt County...          170193  February 17, 1976, Emerg;  11/02/2007........................  11/02/2007
                                                         August 15, 1983, Reg;
                                                         November 2, 2007, Susp.
    DeWitt County, Unincorporated               170192  July 28, 1975, Emerg;      ......do*.........................   do.
     Areas..                                             September 29, 1989, Reg;
                                                         November 2, 2007, Susp.
 
               Region VI
 
Texas:
    Cibolo, City of, Guadalupe County.          480267  November 2, 1974, Emerg;   ......do..........................   do.
                                                         May 19, 1981, Reg;
                                                         November 2, 2007, Susp.
    Marion, City of, Guadalupe County.          480268  June 6, 1977, Emerg;       ......do..........................   do.
                                                         January 3, 1986, Reg;
                                                         November 2, 2007, Susp.
    New Berlin, City of, Guadalupe              481625  December 1, 2004, Emerg;   ......do..........................   do.
     County.                                             December 1, 2004, Reg;
                                                         November 2, 2007, Susp.
    New Braunfels, City of, Guadalupe           485493  December 4, 1970, Emerg;   ......do..........................   do.
     County.                                             December 1, 1972, Reg;
                                                         November 2, 2007, Susp.
    Schertz, City of, Guadalupe County          480269  November 2, 1973, Emerg;   ......do..........................   do.
                                                         September 15, 1977, Reg;
                                                         November 2, 2007, Susp.
    Seguin, City of, Guadalupe County.          485508  October 9, 1970, Emerg;    ......do..........................   do.
                                                         June 18, 1971, Reg;
                                                         November 2, 2007, Susp.
    Selma, City of, Guadalupe County..          480046  October 1, 1975, Emerg;    ......do..........................   do.
                                                         July 2, 1980, Reg;
                                                         November 2, 2007, Susp.
    St. Hedwig, City of, Guadalupe              481132  February 5, 1997, Emerg;   ......do..........................   do.
     County.                                             February 5, 1997, Reg;
                                                         November 2, 2007, Susp.
 
              Region VII
 
Kansas:
    Blue Mound, City of, Linn County..          200195  February 18, 1976, Emerg;  ......do..........................   do.
                                                         July 6, 1984, Reg;
                                                         November 2, 2007, Susp.
    Linn County, Unincorporated Areas.          200194  July 3, 1996, Emerg; --,   ......do..........................   do.
                                                         Reg; November 2, 2007,
                                                         Susp.
    Mound City, City of, Linn County..          200197  July 17, 2002, Emerg; --,  ......do..........................   do.
                                                         Reg; November 2, 2007,
                                                         Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\*\do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 31, 2007.
David I. Maurstad,
Assistant Administrator, Mitigation, Department of Homeland Security, 
Federal Emergency Management Agency.
[FR Doc. E7-21961 Filed 11-7-07; 8:45 am]
BILLING CODE 9110-12-P