Suspension of Community Eligibility, 53748-53750 [E8-21777]

Download as PDF 53748 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations Community No. State and location Region IV North Carolina: Albermarle, City of, Stanly County ........ 370223 Badin, Town of, Stanly County .............. 370417 Locust, City of, Stanly County ............... 370508 Norwood, Town of, Stanly County ........ 370509 Oakboro, Town of, Stanly County ......... 370493 Polk County, Unincorporated Areas ...... 370194 Stanly County, Unincorporated Areas ... 370361 Tryon, Town of, Polk County ................. 370271 Tennessee: Erwin, City of, Unicoi County ................ 470094 Unicoi County, Unincorporated Areas ... 470238 Effective date authorization/cancellation of sale of flood insurance in community Current effective map date March 19, 1974, Emerg; December 1, 1981, Reg; September 3, 2008, Susp. September 24, 2002, Emerg; September 24, 2002, Reg; September 3, 2008, Susp. May 29, 2003, Emerg; May 29, 2003, Reg; September 3, 2008, Susp. May 17, 2000, Emerg; September 21, 2000, Reg; September 3, 2008, Susp. July 9, 1997, Emerg; September 21, 2000, Reg; September 3, 2008, Susp. January 15, 1974, Emerg; January 1, 1987, Reg; September 3, 2008, Susp. July 12, 1979, Emerg; December 1, 1981, Reg; September 3, 2008, Susp. March 5, 1974, Emerg; August 19, 1986, Reg; September 3, 2008, Susp. Sept. 3, 2008 .... April 20, 1978, Emerg; September 5, 1984, Reg; September 3, 2008, Susp. December 17, 1979, Emerg; January 3, 1985, Reg; September 3, 2008, Susp. Date certain Federal assistance no longer available in SFHAs Sept. 3, 2008. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. *do=Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension. Dated: September 8, 2008. David I. Maurstad, Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–21684 Filed 9–16–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–8041] Suspension of Community Eligibility Federal Emergency Management Agency, Department of Homeland Security. ACTION: Final rule. mstockstill on PROD1PC66 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 proving the community has adopted the required floodplain management measures prior to the VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 effective suspension date given in this rule, the suspension will not occur and a notice 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 to obtain additional information, contact David Stearrett, Federal Emergency Management Agency, Mitigation Directorate, 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 the statutory requirement for compliance PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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. Previously, FEMA 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 the FEMA 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 E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds the notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because the 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 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 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. Community No. State and location Region IV North Carolina: Davie County, Unincorporated Areas .... 370308 Mocksville, Town of, Davie County ....... 370309 Region V Michigan: Brighton, City of, Livingston County ...... 260783 Fowlerville, Village of, Livingston County. Genoa, Township of, Livingston County 260439 Green Oak, Township of, Livingston County. Hamburg, Township of, Livingston County. Handy, Township of, Livingston County 260440 Hartland, Township of, Livingston County. Howell, City of, Livingston County ........ 260784 260441 Marion, Township of, Livingston County 260846 Putnam, Township of, Livingston County. 260442 260843 260118 260827 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: ■ PART 64—[AMENDED] 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. § 64.6 [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 December 23, 1975, Emerg; March 21, 1980, Reg; September 17, 2008, Susp. August 12, 2002, Emerg;—, Reg; September 17, 2008, Susp. 09/17/2008 ....... 09/17/2008. ......do ............... Do. December 16, 1986, Emerg; April 5, 1988, Reg; September 17, 2008, Susp. August 7, 1975, Emerg; February 19, 1987, Reg; September 17, 2008, Susp. July 12, 2007, Emerg;—, Reg; September 17, 2008, Susp. March 10, 1982, Emerg; October 16, 1984, Reg; September 17, 2008, Susp. July 23, 1974, Emerg; February 19, 1986, Reg; September 17, 2008, Susp. February 7, 1990, Emerg;—, Reg; September 17, 2008, Susp. November 25, 1986, Emerg; May 17, 1989, Reg; September 17, 2008, Susp. December 8, 1975, Emerg; August 4, 1987, Reg; September 17, 2008, Susp. February 29, 2008, Emerg;—, Reg; September 17, 2008, Susp. December 21, 1978, Emerg; February 6, 1984, Reg; September 17, 2008, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. mstockstill on PROD1PC66 with RULES *do=Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 PO 00000 Frm 00065 53749 Fmt 4700 Sfmt 4700 E:\FR\FM\17SER1.SGM 17SER1 53750 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations Dated: September 9, 2008. David I. Maurstad, Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E8–21777 Filed 9–16–08; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–B–1005] Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Interim rule. 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 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 Branch, 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 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 to 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. ■ Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 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. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Unincorporated areas of Cochise County (06–09– B939P). City of Sierra Vista (06–09–B939P). July 31, 2008; August 7, 2008; Sierra Vista Herald. September 2, 2008 ......... 040012 September 2, 2008 ......... 040017 Maricopa ........... City of Glendale (08–09–1010P). August 7, 2008; August 14, 2008; The Glendale Star. December 12, 2008 ........ 040045 Pima ................. Unincorporated areas of Pima County (08–09– 0454P). City of Tucson (08– 09–0454P). August 7, 2008; August 14, 2008; The Daily Territorial. The Honorable Richard Searle, Chairman, Cochise County Board of Supervisors, 1415 West Melody Lane, Building G, Bisbee, AZ 85603. The Honorable Bob Strain, Mayor, City of Sierra Vista, 1011 North Coronado Drive, Sierra Vista, AZ 85635. The Honorable Elaine M. Scruggs, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, AZ 85301. The Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, AZ 85701. The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, AZ 85726. July 21, 2008 .................. 040073 July 21, 2008 .................. 040076 State and county Arizona: Cochise ............ mstockstill on PROD1PC66 with RULES Cochise ............ Pima ................. VerDate Aug<31>2005 16:59 Sep 16, 2008 July 31, 2008; August 7, 2008; Sierra Vista Herald. August 7, 2008; August 14, 2008; The Daily Territorial. Jkt 214001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\17SER1.SGM 17SER1 Community No.

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53748-53750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21777]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8041]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

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 proving 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 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 to obtain 
additional information, contact David Stearrett, Federal Emergency 
Management Agency, Mitigation Directorate, 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 the 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.
    Previously, FEMA 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 the FEMA 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

[[Page 53749]]

against certain types of Federal assistance becomes effective for the 
communities listed on the date shown in the last column. The 
Administrator finds the notice and public comment under 5 U.S.C. 553(b) 
are impracticable and unnecessary because the 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 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 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
North Carolina:
    Davie County,                      370308  December 23,       09/17/2008............  09/17/2008.
     Unincorporated Areas.                      1975, Emerg;
                                                March 21, 1980,
                                                Reg; September
                                                17, 2008, Susp.
    Mocksville, Town of, Davie         370309  August 12, 2002,   ......do..............   Do.
     County.                                    Emerg;--, Reg;
                                                September 17,
                                                2008, Susp.
            Region V
Michigan:
    Brighton, City of,                 260783  December 16,       ......do..............   Do.
     Livingston County.                         1986, Emerg;
                                                April 5, 1988,
                                                Reg; September
                                                17, 2008, Susp.
    Fowlerville, Village of,           260439  August 7, 1975,    ......do..............   Do.
     Livingston County.                         Emerg; February
                                                19, 1987, Reg;
                                                September 17,
                                                2008, Susp.
    Genoa, Township of,                260843  July 12, 2007,     ......do..............   Do.
     Livingston County.                         Emerg;--, Reg;
                                                September 17,
                                                2008, Susp.
    Green Oak, Township of,            260440  March 10, 1982,    ......do..............   Do.
     Livingston County.                         Emerg; October
                                                16, 1984, Reg;
                                                September 17,
                                                2008, Susp.
    Hamburg, Township of,              260118  July 23, 1974,     ......do..............   Do.
     Livingston County.                         Emerg; February
                                                19, 1986, Reg;
                                                September 17,
                                                2008, Susp.
    Handy, Township of,                260827  February 7, 1990,  ......do..............   Do.
     Livingston County.                         Emerg;--, Reg;
                                                September 17,
                                                2008, Susp.
    Hartland, Township of,             260784  November 25,       ......do..............   Do.
     Livingston County.                         1986, Emerg; May
                                                17, 1989, Reg;
                                                September 17,
                                                2008, Susp.
    Howell, City of, Livingston        260441  December 8, 1975,  ......do..............   Do.
     County.                                    Emerg; August 4,
                                                1987, Reg;
                                                September 17,
                                                2008, Susp.
    Marion, Township of,               260846  February 29,       ......do..............   Do.
     Livingston County.                         2008, Emerg;--,
                                                Reg; September
                                                17, 2008, Susp.
    Putnam, Township of,               260442  December 21,       ......do..............   Do.
     Livingston County.                         1978, Emerg;
                                                February 6,
                                                1984, Reg;
                                                September 17,
                                                2008, Susp.
----------------------------------------------------------------------------------------------------------------
 *do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 53750]]

    Dated: September 9, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. E8-21777 Filed 9-16-08; 8:45 am]
BILLING CODE 9110-12-P