Federal Register: June 3, 2009 (Volume 74, Number 105)
DOCID: fr03jn09-11 FR Doc E9-12857
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 64
Docket ID: [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8077]
NOTICE: RULES
DOCID: fr03jn09-11
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
[[Page 26570]]
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/
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 III
Virginia:
Crewe, Town of, Nottoway 510264 April 16, 1998, June 2, 2009.......... June 2, 2009 County. Emerg; , Reg; June 2, 2009, Susp.
Nottoway County, 510307 May 7, 1975, ......*do............. Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
June 2, 2009, Susp.
Region IV
Florida:
Bay County, Unincorporated 120004 May 12, 1975, ......do.............. Do. Areas. Emerg; July 2, 1981, Reg; June 2, 2009, Susp.
Callaway, City of, Bay 120005 January 13, 1975, ......do.............. Do. County. Emerg; July 16, 1980, Reg; June 2, 2009, Susp.
Cedar Grove, Town of, Bay 120006 May 16, 1975, ......do.............. Do. County. Emerg; January 25, 1980, Reg; June 2, 2009, Susp.
Lynn Haven, City of, Bay 120009 September 6, ......do.............. Do. County. 1974, Emerg; June 1, 1977, Reg; June 2, 2009, Susp.
Mexico Beach, Town of, Bay 120010 September 18, ......do.............. Do. County. 1970, Emerg; July 18, 1977, Reg; June 2, 2009, Susp.
Panama City, City of, Bay 120012 September 6, ......do.............. Do. County. 1974, Emerg; July 18, 1977, Reg; June 2, 2009, Susp.
Panama City Beach, City of, 120013 December 17, ......do.............. Do. Bay County. 1971, Emerg; June 1, 1977, Reg; June 2, 2009, Susp.
Parker, City of, Bay County 120011 May 5, 1975, ......do.............. Do. Emerg; August 1, 1980, Reg; June 2, 2009, Susp.
Springfield, City of, Bay 120014 May 1, 1975, ......do.............. Do. County. Emerg; August 17, 1981, Reg; June 2, 2009, Susp.
Georgia:
Clarkesville, City of, 130103 April 2, 1976, ......do.............. Do. Habersham County. Emerg; February 17, 1988, Reg; June 2, 2009, Susp.
Cornelia, City of, 130329 August 30, 1976, ......do.............. Do. Habersham County. Emerg; August 1, 1986, Reg; June 2, 2009, Susp.
Habersham County, 130458 September 23, ......do.............. Do. Unincorporated Areas. 1976, Emerg; April 2, 1991, Reg; June 2, 2009, Susp.
Tallulah Falls, Town of, 130380 December 29, ......do.............. Do. Habersham County. 1980, Emerg; August 13, 1982, Reg; June 2, 2009, Susp. North Carolina:
Burnsville, Town of, Yancey 370373 July 24, 1975, ......do.............. Do. County. Emerg; April 17, 1984, Reg; June 2, 2009, Susp.
Hot Springs, Town of, 370153 November 17, ......do.............. Do. Madison County. 1977, Emerg; July 5, 1982, Reg; June 2, 2009, Susp.
Madison County, 370152 November 26, ......do.............. Do. Unincorporated Areas. 1973, Emerg; September 2, 1982, Reg; June 2, 2009, Susp.
Mars Hill, Town of, Madison 370385 October 4, 1979, ......do.............. Do. County. Emerg; August 19, 1987, Reg; June 2, 2009, Susp.
[[Page 26571]]
Marshall, Town of, Madison 370154 November 23, ......do.............. Do. County. 1973, Emerg; May 15, 1978, Reg; June 2, 2009, Susp.
Yancey County, 370261 March 29, 1978, ......do.............. Do. Unincorporated Areas. Emerg; April 17, 1984, Reg; June 2, 2009, Susp. Ohio:
Cardington, Village of, 390652 June 13, 1975, ......do.............. Do. Morrow County. Emerg; November 2, 1984, Reg; June 2, 2009, Susp.
Morrow County, 390868 July 23, 1987, ......do.............. Do. Unincorporated Areas. Emerg; April 1, 1992, Reg; June 2, 2009, Susp.
Mt. Gilead, Village of, 390424 April 29, 1975, ......do.............. Do. Morrow County. Emerg; August 19, 1987, Reg; June 2, 2009, Susp.
Wisconsin:
Fort Atkinson, City of, 555554 November 13, ......do.............. Do. Jefferson County. 1970, Emerg; August 6, 1971, Reg; June 2, 2009, Susp.
Jefferson, City of, 555561 April 23, 1971, ......do.............. Do. Jefferson County. Emerg; May 26, 1972, Reg; June 2, 2009, Susp.
Jefferson County, 550191 April 2, 1971, ......do.............. Do. Unincorporated Areas. Emerg; September 29, 1978, Reg; June 2, 2009, Susp.
Johnson Creek, Village of, 550194 February 13, ......do.............. Do. Jefferson County. 1976, Emerg; September 30, 1982, Reg; June 2, 2009, Susp.
Lac La Belle, Village of, 550565 May 25, 1976, ......do.............. Do. Jefferson County. Emerg; January 18, 1984, Reg; June 2, 2009, Susp.
Lake Mills, City of, 550195 September 10, ......do.............. Do. Jefferson County. 1975, Emerg; July 2, 1987, Reg; June 2, 2009, Susp.
Palmyra, Village of, 550196 May 13, 1975, ......do.............. Do. Jefferson County. Emerg; May 3, 1990, Reg; June 2, 2009, Susp.
Sullivan, Village of, 550197 July 10, 1975, ......do.............. Do. Jefferson County. Emerg; September 18, 1985, Reg; June 2, 2009, Susp.
Waterloo, City of, 550198 July 25, 1975, ......do.............. Do. Jefferson County. Emerg; September 18, 1985, Reg; June 2, 2009, Susp.
Waterloo, City of, Dodge 550107 May 23, 1975, ......do.............. Do. County. Emerg; April 1, 1981, Reg; June 2, 2009, Susp.
Whitewater, City of, 550200 March 27, 1975, ......do.............. Do. Jefferson County. Emerg; June 1, 1982, Reg; June 2, 2009, Susp. Region VI
Texas:
Allen, City of, Collin 480131 July 15, 1975, ......do.............. Do. County. Emerg; June 1, 1978, Reg; June 2, 2009, Susp.
Carrollton, City of, Collin 480167 May 27, 1975, ......do.............. Do. County. Emerg; July 16, 1980, Reg; June 2, 2009, Susp.
Celina, City of, Collin 480133 May 27, 1975, ......do.............. Do. County. Emerg; November 1, 1979, Reg; June 2, 2009, Susp.
Collin County, 480130 June 16, 1981, ......do.............. Do. Unincorporated Areas. Emerg; June 16, 1981, Reg; June 2, 2009, Susp.
Fairview, Town of, Collin 481069 January 18, 1977, ......do.............. Do. County. Emerg; November 1, 1979, Reg; June 2, 2009, Susp.
Frisco, City of, Collin 480134 October 7, 1975, ......do.............. Do. County. Emerg; June 18, 1980, Reg; June 2, 2009, Susp.
Lavon, Town of, Collin 481313 NA, Emerg; May ......do.............. Do. County. 13, 1991, Reg; June 2, 2009, Susp.
Lucas, City of, Collin 481545 July 3, 1979, ......do.............. Do. County. Emerg; July 3, 1979, Reg; June 2, 2009, Susp.
McKinney, City of, Collin 480135 April 9, 1975, ......do.............. Do. County. Emerg; June 18, 1980, Reg; June 2, 2009, Susp.
Murphy, City of, Collin 480137 August 7, 1975, ......do.............. Do. County. Emerg; April 1, 1980, Reg; June 2, 2009, Susp.
New Hope, City of, Collin 480138 NA, Emerg; April ......do.............. Do. County. 19, 1996, Reg; June 2, 2009, Susp.
Parker, City of, Collin 480139 May 26, 1977, ......do.............. Do. County. Emerg; August 15, 1979, Reg; June 2, 2009, Susp.
Plano, City of, Collin 480140 July 19, 1974, ......do.............. Do. County. Emerg; January 2, 1980, Reg; June 2, 2009, Susp.
Prosper, City of, Collin 480141 December 2, 1980, ......do.............. Do. County. Emerg; May 4, 1982, Reg; June 2, 2009, Susp.
Richardson, City of, Collin 480184 February 20, ......do.............. Do. County. 1975, Emerg; December 4, 1979, Reg; June 2, 2009, Susp.
Sachse, City of, Collin 480186 July 25, 1975, ......do.............. Do. County. Emerg; September 1, 1978, Reg; June 2, 2009, Susp.
Van Alstyne, Town of, 481620 NA, Emerg; ......do.............. Do. Collin County. November 11, 1994, Reg; June 2, 2009, Susp. [[Page 26572]]
Westminster, Town of, 480758 NA, Emerg; May ......do.............. Do.
Collin County. 10, 1993, Reg;
June 2, 2009, Susp.
Region VII
Kansas:
Andover, City of, Butler 200383 February 7, 1977, ......do.............. Do. County. Emerg; December 4, 1986, Reg; June 2, 2009, Susp.
Augusta, City of, Butler 200038 June 25, 1975, ......do.............. Do. County. Emerg; August 15, 1980, Reg; June 2, 2009, Susp.
Butler County, 200037 June 23, 1975, ......do.............. Do. Unincorporated Areas. Emerg; March 2, 1981, Reg; June 2, 2009, Susp.
Douglass, City of, Butler 200489 August 21, 2003, ......do.............. Do. County. Emerg; September 1, 2004, Reg; June 2, 2009, Susp.
Rose Hill, City of, Butler 200454 April 20, 1976, ......do.............. Do. County. Emerg; August 24, 1981, Reg; June 2, 2009, Susp.
Missouri:
Benton County, 290027 September 24, ......do.............. Do. Unincorporated Areas. 1986, Emerg; March 1, 1987, Reg; June 2, 2009, Susp.
Warsaw, City of, Benton 290030 August 25, 1975, ......do.............. Do. County. Emerg; August 4, 1987, Reg; June 2, 2009, Susp. Region VIII
South Dakota:
Beadle County, 460251 May 11, 1995, ......do.............. Do. Unincorporated Areas. Emerg; October 1, 1997, Reg; June 2, 2009, Susp.
Cavour, Town of, Beadle 461212 March 14, 1997, ......do.............. Do. County. Emerg; June 8, 1998, Reg; June 2, 2009, Susp.
Huron, City of, Beadle 460003 May 24, 1974, ......do.............. Do.
County. Emerg; July 16,
1987, Reg; June
2, 2009, Susp. * do = Ditto.
Code for reading third column: Emerg.Emergency; Reg.Regular; SuspSuspension.
Dated: May 22, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate,
Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E912857 Filed 6209; 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.