Suspension of Community Eligibility, 18188-18189 [E8-6908]

Download as PDF 18188 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations Company pursuant to a ‘‘ULAE Schedule’’ coordinated with the Company and provided by the Federal Insurance Administrator. * * * * * I 4. In Appendix A to part 62, amend Article VII to revise section A. to read as follows: Article VII—Cash Management and Accounting A. FEMA shall make available to the Company during the entire term of this Arrangement and any continuation period required by FIA pursuant to Article V, Section C., the Letter of Credit provided for in Article IV drawn on a repository bank within the Federal Reserve System upon which the Company may draw for reimbursement of its expenses as set forth in Article IV that exceed net written premiums collected by the Company from the effective date of this Arrangement or continuation period to the date of the draw. In the event that adequate Letter of Credit funding is not available to meet current Company obligations for flood policy claim payments issued, FIA shall direct the Company to immediately suspend the issuance of loss payments until such time as adequate funds are available. The Companies are not required to pay claims from their own funds in the event of such suspension. * * * * * Dated: March 28, 2008. Harvey E. Johnson Jr., Acting Deputy Administrator, Federal Emergency Management Agency. [FR Doc. E8–6898 Filed 4–2–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–8019] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. jlentini on PROD1PC65 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 VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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. E:\FR\FM\03APR1.SGM 03APR1 18189 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations I Accordingly, 44 CFR part 64 is amended as follows: 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. PART 64—[AMENDED] § 64.6 I List of Subjects in 44 CFR Part 64 1. The authority citation for part 64 continues to read as follows: Flood insurance, Floodplains. Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 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. I Community no. State and location [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region III County, Unincorporated 510199 November 18, 1974, Emerg; September 29, 1989, Reg; April 16, 2008, Susp. 04/16/2008 ....... 04/16/2008. Region IV South Carolina: Easley, City of, Pickens County ............ 450167 ......do* .............. do. Liberty, City of, Pickens County ............ 450168 ......do ............... do. Pickens, City of, Pickens County .......... 450169 ......do ............... do. Pickens County, Unincorporated Areas 450166 March 4, 1974, Emerg; July 19, 1982, Reg; April 16, 2008, Susp. April 16, 1974, Emerg; June 25, 1976, Reg; April 16, 2008, Susp. October 7, 1974, Emerg; June 25, 1976, Reg; April 16, 2008, Susp. April 2, 1974, Emerg; July 19, 1982, Reg; April 16, 2008, Susp. ......do ............... do. November 26, 2003, Emerg; June 1, 2005, Reg; April 16, 2008, Susp. July 30, 1974, Emerg; March 4, 1988, Reg; April 16, 2008, Susp. September 15, 2003, Emerg; September 15, 2003, Reg; April 16, 2008, Susp. February 28, 1980, Emerg; September 1, 1986, Reg; April 16, 2008, Susp. May 17, 1990, Emerg; May 17, 1990, Reg; April 16, 2008, Susp. August 30, 1982, Emerg; June 15, 1984, Reg; April 16, 2008, Susp. February 14, 1975, Emerg; August 4, 1987, Reg; April 16, 2008, Susp. May 28, 1982, Emerg; June 15, 1984, Reg; April 16, 2008, Susp. January 17, 1980, Emerg; July 17, 1986, Reg; April 16, 2008, Susp. May 15, 1975, Emerg; September 30, 1983, Reg; April 16, 2008, Susp. May 13, 1975, Emerg; June 1, 1988, Reg; April 16, 2008, Susp. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. ......do ............... do. Virginia: Floyd Areas. Tennessee: Adams, City of, Robertson County ........ 470159 Brownsville, City of, Haywood County .. 470087 Coopertown, Town of, Robertson County. Haywood County, Unincorporated Areas. Henderson County, Unincorporated Areas. Millersville, City of, Robertson County .. 470423 Portland, City of, Robertson County ..... 470187 Robertson County, Unincorporated Areas. Scotts Hill, Town of, Henderson County 470158 Springfield, City of, Robertson County .. 470163 White House, City of, Robertson County. 470339 470227 470088 470388 470322 * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: March 26, 2008. David I. Maurstad, Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–6908 Filed 4–2–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations jlentini on PROD1PC65 with RULES SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs 17:54 Apr 02, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. DATES: Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: VerDate Aug<31>2005 and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). E:\FR\FM\03APR1.SGM 03APR1

Agencies

[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Rules and Regulations]
[Pages 18188-18189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6908]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8019]


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.

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.

[[Page 18189]]

    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: Floyd County,                510199  November 18,       04/16/2008............  04/16/2008.
 Unincorporated Areas.                          1974, Emerg;
                                                September 29,
                                                1989, Reg; April
                                                16, 2008, Susp.
           Region IV
 
South Carolina:
    Easley, City of, Pickens           450167  March 4, 1974,     ......do*.............   do.
     County.                                    Emerg; July 19,
                                                1982, Reg; April
                                                16, 2008, Susp.
    Liberty, City of, Pickens          450168  April 16, 1974,    ......do..............   do.
     County.                                    Emerg; June 25,
                                                1976, Reg; April
                                                16, 2008, Susp.
    Pickens, City of, Pickens          450169  October 7, 1974,   ......do..............   do.
     County.                                    Emerg; June 25,
                                                1976, Reg; April
                                                16, 2008, Susp.
    Pickens County,                    450166  April 2, 1974,     ......do..............   do.
     Unincorporated Areas.                      Emerg; July 19,
                                                1982, Reg; April
                                                16, 2008, Susp.
Tennessee:
    Adams, City of, Robertson          470159  November 26,       ......do..............   do.
     County.                                    2003, Emerg;
                                                June 1, 2005,
                                                Reg; April 16,
                                                2008, Susp.
    Brownsville, City of,              470087  July 30, 1974,     ......do..............   do.
     Haywood County.                            Emerg; March 4,
                                                1988, Reg; April
                                                16, 2008, Susp.
    Coopertown, Town of,               470423  September 15,      ......do..............   do.
     Robertson County.                          2003, Emerg;
                                                September 15,
                                                2003, Reg; April
                                                16, 2008, Susp.
    Haywood County,                    470227  February 28,       ......do..............   do.
     Unincorporated Areas.                      1980, Emerg;
                                                September 1,
                                                1986, Reg; April
                                                16, 2008, Susp.
    Henderson County,                  470088  May 17, 1990,      ......do..............   do.
     Unincorporated Areas.                      Emerg; May 17,
                                                1990, Reg; April
                                                16, 2008, Susp.
    Millersville, City of,             470388  August 30, 1982,   ......do..............   do.
     Robertson County.                          Emerg; June 15,
                                                1984, Reg; April
                                                16, 2008, Susp.
    Portland, City of,                 470187  February 14,       ......do..............   do.
     Robertson County.                          1975, Emerg;
                                                August 4, 1987,
                                                Reg; April 16,
                                                2008, Susp.
    Robertson County,                  470158  May 28, 1982,      ......do..............   do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1984, Reg; April
                                                16, 2008, Susp.
    Scotts Hill, Town of,              470322  January 17, 1980,  ......do..............   do.
     Henderson County.                          Emerg; July 17,
                                                1986, Reg; April
                                                16, 2008, Susp.
    Springfield, City of,              470163  May 15, 1975,      ......do..............   do.
     Robertson County.                          Emerg; September
                                                30, 1983, Reg;
                                                April 16, 2008,
                                                Susp.
    White House, City of,              470339  May 13, 1975,      ......do..............   do.
     Robertson County.                          Emerg; June 1,
                                                1988, Reg; April
                                                16, 2008, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: March 26, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E8-6908 Filed 4-2-08; 8:45 am]
BILLING CODE 9110-12-P