[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Rules and Regulations]
[Pages 773-775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-75]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8057]
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.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472, (202) 646-2953.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
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
[[Page 774]]
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:
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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
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Region IV
North Carolina:
Bethania, Town of, Forsyth 370477 --, Emerg; April Jan. 2, 2009.......... Jan. 2, 2009.
County. 24, 2002, Reg;
January 2, 2009,
Susp.
Clemmons, Village of, 370531 --, Emerg; June ......do.............. Do.
Forsyth County. 27, 2000, Reg;
January 2, 2009,
Susp.
Forsyth County, 375349 March 19, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1972, Reg;
January 2, 2009,
Susp.
Kernersville, Town of, 370319 --, Emerg; June ......do.............. Do.
Forsyth County. 27, 2000, Reg;
January 2, 2009,
Susp.
Rural Hall, Town of, 370606 --, Emerg; April ......do.............. Do.
Forsyth County. 25, 2002, Reg;
January 2, 2009,
Susp.
Tobaccoville, Village of, 370624 --, Emerg; August ......do.............. Do.
Forsyth County. 13, 2002, Reg;
January 2, 2009,
Susp.
Walkertown, Town of, 370679 --, Emerg; ......do.............. Do.
Forsyth County. September 24,
2002, Reg;
January 2, 2009,
Susp.
Winston-Salem, City of, 375360 March 19, 1971, ......do.............. Do.
Forsyth County. Emerg; August
31, 1973, Reg;
January 2, 2009,
Susp.
Tennessee:
Lawrence County, 470354 --, Emerg; ......do.............. Do.
Unincorporated Areas. December 10,
1998, Reg;
January 2, 2009,
Susp.
Lawrenceburg, City of, 475437 January 7, 1972, ......do.............. Do.
Lawrence County. Emerg; May 25,
1973, Reg;
January 2, 2009,
Susp.
Region V
Illinois:
Cortland, Town of, DeKalb 170181 April 5, 1979, ......do.............. Do.
County. Emerg; November
30, 1979, Reg;
January 2, 2009,
Susp.
DeKalb, City of, DeKalb 170182 February 25, ......do.............. Do.
County. 1972, Emerg;
September 29,
1978, Reg;
January 2, 2009,
Susp.
DeKalb County, 170808 May 14, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
4, 1985, Reg;
January 2, 2009,
Susp.
Genoa, City of, DeKalb 170183 October 31, 1975, ......do.............. Do.
County. Emerg; May 25,
1984, Reg;
January 2, 2009,
Susp.
Hinckley, Village of, 170184 July 26, 1988, ......do.............. Do.
DeKalb County. Emerg; September
21, 2000, Reg;
January 2, 2009,
Susp.
Sandwich, City of, DeKalb 170188 May 13, 1975, ......do.............. Do.
County. Emerg; February
27, 1984, Reg;
January 2, 2009,
Susp.
Shabbona, Village of, 170189 June 17, 1975, ......do.............. Do.
DeKalb County. Emerg; September
1, 1986, Reg;
January 2, 2009,
Susp.
Wisconsin:
Belleville, Village of, 550159 July 15, 1975, ......do.............. Do.
Dane County. Emerg; November
19, 1980, Reg;
January 2, 2009,
Susp.
Black Earth, Village of, 550079 August 7, 1975, ......do.............. Do.
Dane County. Emerg; January
2, 1981, Reg;
January 2, 2009,
Susp.
Cottage Grove, Village of, 550617 July 11, 2000, ......do.............. Do.
Dane County. Emerg; June 17,
2003, Reg;
January 2, 2009,
Susp.
DeForest, Village of, Dane 550082 April 16, 1975, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
January 2, 2009,
Susp.
Fitchburg, City of, Dane 550610 --, Emerg; August ......do.............. Do.
County. 23, 2001, Reg;
January 2, 2009,
Susp.
Madison, City of, Dane 550083 July 17, 1975, ......do.............. Do.
County. Emerg; September
30, 1980, Reg;
January 2, 2009,
Susp.
[[Page 775]]
Marshall, Village of, Dane 550084 July 15, 1975, ......do.............. Do.
County. Emerg; December
16, 1980, Reg;
January 2, 2009,
Susp.
Mazomanie, Village of, Dane 550085 July 29, 1975, ......do.............. Do.
County. Emerg; December
1, 1981, Reg;
January 2, 2009,
Susp.
McFarland, Village of, Dane 550086 April 17, 1975, ......do.............. Do.
County. Emerg; June 15,
1978, Reg;
January 2, 2009,
Susp.
Monona, City of, Dane 550088 March 25, 1975, ......do.............. Do.
County. Emerg; June 15,
1978, Reg;
January 2, 2009,
Susp.
Oregon, Village of, Dane 550089 May 28, 1974, ......do.............. Do.
County. Emerg; September
30, 1980, Reg;
January 2, 2009,
Susp.
Stoughton, City of, Dane 550091 April 15, 1975, ......do.............. Do.
County. Emerg; June 15,
1978, Reg;
January 2, 2009,
Susp.
Sun Prairie, City of, Dane 550573 --, Emerg; ......do.............. Do.
County. December 11,
1995, Reg;
January 2, 2009,
Susp.
Verona, City of, Dane 550092 June 24, 1975, ......do.............. Do.
County. Emerg; August 1,
1980, Reg;
January 2, 2009,
Susp.
Waunakee, Village of, Dane 550093 May 29, 1975, ......do.............. Do.
County. Emerg; May 1,
1978, Reg;
January 2, 2009,
Susp.
Region VII
Kansas:
Redfield, City of, Bourbon 200025 June 4, 1976, ......do.............. Do.
County. Emerg; August 1,
1986, Reg;
January 2, 2009,
Susp.
Nebraska:
Brady, Village of, Lincoln 310141 September 15, ......do.............. Do.
County. 1975, Emerg;
June 3, 1986,
Reg; January 2,
2009, Susp.
Lincoln County, 310452 February 28, ......do.............. Do.
Unincorporated Areas. 1983, Emerg;
August 1, 1987,
Reg; January 2,
2009, Susp.
Maxwell, Village of, 310300 August 26, 1977, ......do.............. Do.
Lincoln County. Emerg; September
27, 1985, Reg;
January 2, 2009,
Susp.
North Platte, City of, 310143 January 14, 1974, ......do.............. Do.
Lincoln County. Emerg; November
1, 1979, Reg;
January 2, 2009,
Susp.
Sutherland, Village of, 310144 February 5, 1975, ......do.............. Do.
Lincoln County. Emerg; September
27, 1985, Reg;
January 2, 2009,
Susp.
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* do = Ditto.
Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension.
Dated: December 24, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-75 Filed 1-7-09; 8:45 am]
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