[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1883-1884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-489]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0020; Internal Agency Docket No. FEMA-8093]
Suspension of Community Eligibility for Repealing Its Floodplain
Management Regulations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: FEMA is suspending one community because it repealed its
floodplain management regulations under the National Flood Insurance
Program (NFIP). If documentation is received from the community before
the effective suspension date, indicating it has amended its floodplain
management regulations in compliance with the NFIP requirements, FEMA
will withdraw the suspension by publication in the Federal Register on
a subsequent date.
DATES: Effective Dates: The effective date of the community's scheduled
suspension is the date listed in the fourth column of the following
table.
FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation
Directorate, 1800 South Bell Street Arlington, VA 20598-3072, (202)
646-2953.
SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
enables property owners to purchase flood insurance that is generally
not otherwise available. In return, communities agree to adopt and
implement local floodplain management regulations that contribute to
protecting lives and reducing the risk of property damage from future
flooding. Section 1315 of the National Flood Insurance Act of 1968, as
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless
an appropriate public body adopts adequate floodplain management
measures with effective administration and enforcement processes.
The community listed in this notice no longer complies with the
NFIP requirements set forth at 44 CFR part 59 et seq. Under 44 CFR
59.24(d), communities will be suspended from the NFIP for repealing its
floodplain management regulations. Accordingly, FEMA is suspending
Graham County, North Carolina (``the County'') on the effective date in
the fourth column of the table. As of that date, the purchase of new
flood insurance policies or the renewal of existing flood insurance
policies under the NFIP will no longer be available.
FEMA will not suspend Graham County, however, if the community
submits the documentation required under 44 CFR 59.24(d) to show that
it has amended its floodplain management regulations to adopt the
current effective Flood Insurance Study and Flood Insurance Rate Map
dated April 19, 2010. This documentation must be received by FEMA
before the actual suspension date. If Graham County successfully
demonstrates its compliance with NFIP regulations, FEMA will continue
its eligibility for the sale of NFIP insurance. FEMA will then publish
in the Federal Register a notice withdrawing the suspension of the
community. In the interim, if you wish to determine whether FEMA has
suspended the County on the suspension date, please contact the FEMA
Region IV office at (770) 220-5414. Additional information may also be
found at http://www.fema.gov/plan/prevent/floodplain/nfipkeywords/suspension.shtm.
FEMA identified the special flood hazard areas (SFHAs) in this
community by publishing a Flood Insurance Rate Map. The effective date
of this map is indicated in the last column of the table. By law, no
Federally regulated entity may provide financial assistance for
acquisition or construction purposes for property located in a SFHA
unless the community in which the property is located is participating
in the NFIP (42 U.S.C. 4106(a)). The prohibition against certain types
of Federal disaster assistance also becomes effective for Graham
County, North Carolina, on the date shown in the fourth column (42
U.S.C. 4106(b)).
The Administrator finds that notice and public comment procedure
under 5 U.S.C. 553(b) are impracticable and unnecessary because the
community listed in this final rule has been adequately notified. The
community received a letter dated August 3, 2011, and a subsequent
Suspension Letter. FEMA addressed these notifications to the Chairman
of the Graham County Board of Commissioners indicating that we will
suspend the County unless the County takes the required corrective
actions and remedial measures before the effective suspension date.
Because we have made these notifications, 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 community listed no longer complies
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the community 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
[[Page 1884]]
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]
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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]
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2. The tables published under the authority of Sec. 64.6 are amended
as follows:
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Date certain Federal assistance no
longer available in special flood
State Location Community No. hazard area and the sale of flood Current effective map date
insurance no longer available in
the community
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Region IV
North Carolina....................... Graham, County of...... 370105 February 1, 2012.................. April 19, 2010.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: January 4, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, Department of
Homeland Security.
[FR Doc. 2012-489 Filed 1-11-12; 8:45 am]
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