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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8071]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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 ofnoncompliance 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 theFederal Registeron a subsequent date.
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.
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) 646-2953.
SUPPLEMENTARY 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. 4001et 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 theFederal 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 flood-prone 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 6-month, 90-day, and 30-day 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. 3501et 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. 4001et 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.

§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in
  • community
  • Current effective map date Date certain Federal assistance no longer available in SFHAs
    Region III Virginia: Amelia County, Unincorporated Areas 510314 March 22, 1976, Emerg; September 1, 1987, Reg; April 21, 2009, Susp April 16, 2009 April 21, 2009. Region IV Florida: Gulf County, Unincorporated Areas 120098 August 7, 1975, Emerg; June 15, 1983, Reg; April 21, 2009, Susp ......do* Do. Region V Ohio: Delaware, City of, Delaware County 390148 January 31, 1975, Emerg; November 2, 1983, Reg; April 21, 2009, Susp ......do Do. Delaware County, Unincorporated Areas 390146 February 16, 1977, Emerg; October 18, 1983, Reg; April 21, 2009, Susp ......do Do. Powell, Village of, Delaware County 390626 July 8, 1975, Emerg; March 4, 1985, Reg; April 21, 2009, Susp ......do Do. Sunbury, Village of, Delaware County 390152 June 18, 1975, Emerg; September 1, 1987, Reg; April 21, 2009, Susp ......do Do. Region VIII North Dakota: Belmont, Township of, Trail County 380653 July 12, 1982, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Benson County, Unincorporated Areas 380682 January 31, 1995, Emerg; May 2, 1995, Reg; April 21, 2009, Susp ......do Do. Bingham, Township of, Trail County 380640 February 8, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Buxton, Township of, Trail County 380676 April 9, 1984, Emerg; March 12, 1986, Reg; April 21, 2009, Susp ......do Do. Caledonia, Township of, Trail County 380638 January 3, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Eldorado, Township of, Trail County 380645 April 25, 1980, Emerg; August 19, 1986, Reg; April 21, 2009, Susp ......do Do. Elm River, Township of, Trail County 380636 September 13, 1979, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Garfield, Township of, Trail County 380669 April 5, 1983, Emerg; December 11, 1985, Reg; April 21, 2009, Susp ......do Do. Herberg, Township of, Trail County 380621 September 25, 1978, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Hillsboro, City of, Trail County 380132 March 3, 1975, Emerg; September 27, 1985, Reg; April 21, 2009, Susp ......do Do. Kelso, Township of, Trail County 380644 April 11, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Lindaas, Township of, Trail County 380300 April 11, 1980, Emerg; September 29, 1986, Reg; April 21, 2009, Susp ......do Do. Mayville, City of, Trail County 380133 March 21, 1975, Emerg; July 19, 1982, Reg; April 21, 2009, Susp ......do Do. Mayville, Township of, Trail County 380301 November 23, 1979, Emerg; September 29, 1986, Reg; April 21, 2009, Susp ......do Do. Minnewaukan, City of, Benson County 380240 April 24, 1995, Emerg; May 4, 1998, Reg; April 21, 2009, Susp ......do Do. Norman, Township of, Trail County 380670 April 5, 1983, Emerg; March 12, 1986, Reg; April 21, 2009, Susp ......do Do. Norway, Township of, Trail County 380643 March 24, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Portland, City of, Trail County 380134 October 14, 1975, Emerg; July 19, 1982, Reg; April 21, 2009, Susp ......do Do. Roseville, Township of, Trail County 380641 February 21, 1980, Emerg; September 29, 1986, Reg; April 21, 2009, Susp ......do Do. Spirit Lake Tribe, Benson County 380700 August 19, 1997, Emerg; May 4, 1998, Reg; April 21, 2009, Susp ......do Do. Stavanger, Township of, Trail County 380642 February 29, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp ......do Do. Trail County, Unincorporated Areas 380130 June 30, 1997, Emerg; May 4, 1998, Reg; April 21, 2009, Susp ......do Do. Viking, Township of, Trail County 380322 March 30, 1978, Emerg; September 4, 1986, Reg; April 21, 2009, Susp ......do Do. South Dakota: Sturgis, City of, Meade County 460055 February 9, 1973, Emerg; June 1, 1977, Reg; April 21, 2009, Susp ......do Do. Region IX California: Sonora, City of, Tuolumne County 060412 February 13, 1976, Emerg; May 25, 1978, Reg; April 21, 2009, Susp ......do Do. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular;Susp.—Suspension.
    Dated: April 9, 2009. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.