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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 64

Docket ID: [Docket No. FEMA-8015]

NOTICE: RULES

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Suspension of Community Eligibility

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.

DOCUMENT 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.

SUMMARY: Suspension of Community Eligibility,

SUPPLEMENTAL 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 floodprone 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)
[[Page 14186]]
are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

Each community receives 6month, 90day, and 30day 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.

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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are amended as follows:
Effective date authorization/ Date certain federal State and location Community cancellation of sale Current effective map assistance no longer No. of flood insurance in date available in SFHAs community Region VII
Iowa: Frederika, City of, 190027 December 7, 1990, 03/04/2008........... 03/04/2008 Bremer County. Emerg; December 7, 1990, Reg; March 04, 2008, Susp.
Region IV

Alabama:

Arab, City of, Marshall 010345 March 21, 1977, 03/18/2008........... 03/18/2008 County. Emerg; August 1, 1987, Reg; March 18, 2008, Susp.

Boaz, City of, Marshall 010276 July 15, 1975, Emerg; ......*do............ Do. County. August 4, 1985, Reg; March 18, 2008, Susp. Kentucky:

Sparta, City of, Letcher 210079 February 3, 1976, ......do............. Do. County. Emerg; August 19, 1986, Reg; March 18, 2008, Susp.

Trimble County, 210300 October 25, 1996, ......do............. Do. Unincorporated Areas. Emerg; September 1, 2001, Reg; March 18, 2008, Susp.

Tennessee:

Bruceton, Town of, 470244 October 17, 1986, ......do............. Do. Carroll County. Emerg; February 1, 1990, Reg; March 18, 2008, Susp.

Carroll County, 470222 May 15, 1989, Emerg; ......do............. Do. Unincorporated Areas. September 1, 1990, Reg; March 18, 2008, Susp.

Clarksville, City of, 470137 July 31, 1975, Emerg; ......do............. Do. Montgomery County. June 15, 1984, Reg; March 18, 2008, Susp.

McKenzie, Town of, 470023 January 3, 1975, ......do............. Do. Carroll County. Emerg; September 4, 1985, Reg; March 18, 2008, Susp.

Montgomery County, 470136 September 2, 1975, ......do............. Do. Unincorporated Areas. Emerg; June 15, 1984, Reg; March 18, 2008, Susp.
Region VI

New Mexico:

Bernalillo, Town of, 350056 January 17, 1975, ......do............. Do. Sandoval County. Emerg; January 6, 1983, Reg; March 18, 2008, Susp.

Corrales, Village of, 350094 October 14, 1975, ......do............. Do. Sandoval County. Emerg; January 6, 1983, Reg; March 18, 2008, Susp.

Jemez Springs, Village 350096 April 21, 1976, ......do............. Do. of, Sandoval County. Emerg; January 3, 1986, Reg; March 18, 2008, Susp.

Rio Rancho, City of, 350146 November 14, 1990, ......do............. Do. Sandoval County. Emerg; April 15, 1992, Reg; March 18, 2008, Susp.

Sandoval County, 350055 , Emerg; June 30, ......do............. Do. Unincorporated Areas. 1998, Reg; March 18, 2008, Susp.
Region VII

Nebraska:

Hoskins, Village of, 310289 May 15, 1975, Emerg; ......do............. Do. Wayne County. March 1, 1987, Reg; March 18, 2008, Susp. [[Page 14187]]

Palisade, Village of, 310108 August 1, 1978, ......do............. Do. Hitchcock County. Emerg; June 3, 1986, Reg; March 18, 2008, Susp.

Stratton, Village of, 310112 July 31, 1975, Emerg; ......do............. Do. Hitchcock County. September 24, 1984, Reg; March 18, 2008, Susp.

Trenton, Village of, 310113 March 11, 1975, ......do............. Do. Hitchcock County. Emerg; September 1, 1986, Reg; March 18, 2008, Susp.
Region VIII

South Dakota:

Aberdeen, City of, Brown 460007 April 9, 1973, Emerg; ......do............. Do. County. June 1, 1978, Reg; March 18, 2008, Susp.

Brown County, 460006 April 9, 1973, Emerg; ......do............. Do. Unincorporated Areas. September 30, 1988 , Reg; March 18, 2008, Susp.

Columbia, City of, Brown 460008 , Emerg; April 7, ......do............. Do. County. 1994, Reg; March 18, 2008, Susp.

Frederick, Town of, Brown 460009 March 24, 1976, ......do............. Do. County. Emerg; March 1, 1978, Reg; March 18, 2008, Susp.

Groton, City of, Brown 460179 August 8, 1975, ......do............. Do. County. Emerg; March 1, 1978, Reg; March 18, 2008, Susp.

Warner, City of, Brown 460298 February 26, 1997, ......do............. Do. County. Emerg; June 8, 1998, Reg; March 18, 2008, Susp.

Westport, Town of, Brown 460011 March 21, 1978, ......do............. Do. County. Emerg; August 5, 1986, Reg; March 18, 2008, Susp.
* do = Ditto.
Code for reading third column: Emerg.Emergency; Reg.Regular; Susp.Suspension.

Dated: March 5, 2008.
David Maurstad,
Assistant Administrator for Mitigation Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E85243 Filed 31408; 8:45 am]
BILLING CODE 911012P

FOR FURTHER INFORMATION CONTACT David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 6462953.