[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1883-1884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-489]



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.


SUMMARY: FEMA is suspending one community because it repealed its 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 

Directorate, 1800 South Bell Street Arlington, VA 20598-3072, (202) 

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 
    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:


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]

2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

                                                                                  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
              Region IV
North Carolina.......................  Graham, County of......            370105  February 1, 2012..................  April 19, 2010.

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 

    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]