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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 64

Docket ID: [Docket No. FEMA-8027]

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) 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:
[[Page 33312]]
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 II
New York: Jewett, Town of, 361114 May 13, 1980, May 16, 2008.......... May 16, 2008. Greene County Emerg; April 4, 1983, Reg; May 16, 2008, Susp. Region IV
Florida: MacClenny, City of, 120590 June 20, 1980, June 17, 2008......... June 17, 2008. Baker County Emerg; February 1, 1987, Reg; June 17, 2008, Susp.
Region V

Ohio:

Bexley, City of, Franklin 390168 November 21, ......do*............. Do. County. 1973, Emerg; November 15, 1978, Reg; June 17, 2008, Susp.

Columbus, City of, Franklin 390170 May 21, 1971, ......do.............. Do. County. Emerg; July 5, 1983, Reg; June 17, 2008, Susp.

Dublin, City of, Franklin 390673 June 21, 1974, ......do.............. Do. County. Emerg; June 4, 1980, Reg; June 17, 2008, Susp.

Gahanna, City of, Franklin 390171 May 17, 1973, ......do.............. Do. County. Emerg; August 1, 1983, Reg; June 17, 2008, Susp.

Grandview Heights, City of, 390172 June 6, 1975, ......do.............. Do. Franklin County. Emerg; August 15, 1980, Reg; June 17, 2008, Susp.

Grove City, City of, 390173 October 15, 1974, ......do.............. Do. Franklin County. Emerg; May 1, 1984, Reg; June 17, 2008, Susp.

Hilliard, City of, Franklin 390175 April 10, 1974, ......do.............. Do. County. Emerg; August 1, 1979, Reg; June 17, 2008, Susp.

Lockbourne, Village of, 390691 September 12, ......do.............. Do. Franklin County. 1978, Emerg; May 1, 1980, Reg; June 17, 2008, Susp.

Marble Cliff, Village of, 390896 , Emerg; August ......do.............. Do. Franklin County. 2, 1995, Reg; June 17, 2008, Susp.

Minerva Park, Village of, 390791 March 21, 1975, ......do.............. Do. Franklin County. Emerg; June 15, 1979, Reg; June 17, 2008, Susp.

Riverlea, Village of, 390692 , Emerg; June ......do.............. Do. Franklin County. 9, 1999, Reg; June 17, 2008, Susp.

Upper Arlington, City of, 390178 August 8, 1973, ......do.............. Do. Franklin County. Emerg; April 15, 1980, Reg; June 17, 2008, Susp.

Valleyview, Village of, 390669 April 17, 1974, ......do.............. Do. Franklin County. Emerg; June 15, 1979, Reg; June 17, 2008, Susp.

Westerville, City of, 390179 March 30, 1973, ......do.............. Do. Franklin County. Emerg; September 29, 1978, Reg; June 17, 2008, Susp.

Whitehall, City of, 390180 October 7, 1974, ......do.............. Do. Franklin County. Emerg; July 18, 1985, Reg; June 17, 2008, Susp.

Worthington, City of, 390181 February 2, 1973, ......do.............. Do. Franklin County. Emerg; August 1, 1980, Reg; June 17, 2008, Susp. Wisconsin:

Adams County, 550001 May 31, 1974, ......do.............. Do. Unincorporated Areas. Emerg; November 16, 1990, Reg; June 17, 2008, Susp.

Friendship, Village of, 550003 April 17, 1975, ......do.............. Do. Adams County. Emerg; November 16, 1990, Reg; June 17, 2008, Susp.
Region VI

New Mexico:

Espanola, City of, Santa Fe 350052 April 4, 1975, ......do.............. Do. County. Emerg; February 19, 1986, Reg; June 17, 2008, Susp.

Santa Fe, City of, Santa Fe 350070 February 13, ......do.............. Do. County. 1975, Emerg; July 2, 1980, Reg; June 17, 2008, Susp.

Santa Fe County, 350069 March 25, 1976, ......do.............. Do. Unincorporated Areas. Emerg; November 4, 1988, Reg; June 17, 2008, Susp.
Region VII
Nebraska: Taylor, Village of, 310325 October 8, 1976, May 12, 2008.......... May 16, 2008. Loup County Emerg; July 1, 1987, Reg; May 16, 2008, Susp. Region X

Oregon:

Barlow, City of, Clackamas 410013 February 10, June 17, 2008......... June 17, 2008. County. 1976, Emerg; May 5, 1981, Reg; June 17, 2008, Susp.

Canby, City of, Clackamas 410014 May 27, 1975, ......do.............. Do. County. Emerg; June 15, 1984, Reg; June 17, 2008, Susp.

Clackamas County, 415588 April 2, 1971, ......do.............. Do. Unincorporated Areas. Emerg; March 1, 1978, Reg; June 17, 2008, Susp.

Damascus, City of, 410006 , Emerg; May ......do.............. Do. Clackamas County. 10, 2007, Reg; June 17, 2008, Susp.

[[Page 33313]]

Gladstone, City of, 410017 June 2, 1972, ......do.............. Do. Clackamas County. Emerg; March 15, 1977, Reg; June 17, 2008, Susp.

Happy Valley, City of, 410026 May 28, 1975, ......do.............. Do. Clackamas County. Emerg; December 4, 1979, Reg; June 17, 2008, Susp.

Lake Oswego, City of, 410018 March 19, 1974, ......do.............. Do. Clackamas County. Emerg; August 4, 1987, Reg; June 17, 2008, Susp.

Milwaukie, City of, 410019 May 19, 1972, ......do.............. Do. Clackamas County. Emerg; June 18, 1980, Reg; June 17, 2008, Susp.

Oregon City, City of, 410021 June 13, 1974, ......do.............. Do. Clackamas County. Emerg; February 15, 1980, Reg; June 17, 2008, Susp.

Rivergrove, City of, 410022 March 3, 1975, ......do.............. Do. Clackamas County. Emerg; August 4, 1987, Reg; June 17, 2008, Susp.

Sandy City, City of, 410023 June 25, 1974, ......do.............. Do. Clackamas County. Emerg; December 11, 1979, Reg; June 17, 2008, Susp.

West Linn, City of, 410024 October 20, 1972, ......do.............. Do. Clackamas County. Emerg; March 15, 1977, Reg; June 17, 2008, Susp.

Wilsonville, City of, 410025 April 30, 1975, ......do.............. Do. Clackamas County. Emerg; January 6, 1982, Reg; June 17, 2008, Susp.
*do=Ditto.
Code for reading third column: Emerg.Emergency; Reg.Regular; Susp.Suspension.

Dated: June 6, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E813192 Filed 61108; 8:45 am]
BILLING CODE 911012P

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) 6462953.