
[Federal Register: December 12, 2008 (Volume 73, Number 240)]
[Rules and Regulations]               
[Page 75609-75611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de08-13]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8053]

 
Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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.

DATES: Effective Date: 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. 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 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. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

[[Page 75610]]


0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                 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:
    Goochland County,                  510072  April 19, 1973,    Dec. 2, 2008..........  Dec. 2, 2008.
     Unincorporated Areas.                      Emerg; March 1,
                                                1979, Reg;
                                                December 2,
                                                2008, Susp.
    Hanover County,                    510237  April 4, 1974,     ......*do.............   Do.
     Unincorporated Areas.                      Emerg; September
                                                2, 1981, Reg;
                                                December 2,
                                                2008, Susp.

           Region IV

North Carolina:
    Avery County,                      370010  February 12,       ......do..............   Do.
     Unincorporated Areas.                      1976, Emerg;
                                                September 28,
                                                1990, Reg;
                                                December 2,
                                                2008, Susp.
    Banner Elk, Town of, Avery         370011  November 13,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                January 15,
                                                1988, Reg;
                                                December 2,
                                                2008, Susp.
    Beech Mountain, Town of,           370480  --, Emerg; March   ......do..............   Do.
     Watauga County.                            12, 2004, Reg;
                                                December 2,
                                                2008, Susp.
    Crossnore, Town of, Avery          370287  January 14, 1980,  ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1986, Reg;
                                                December 2,
                                                2008, Susp.
    Elk Park, Town of, Avery           370382  March 23, 1979,    ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1986, Reg;
                                                December 2,
                                                2008, Susp.
    Newland, Town of, Avery            370012  September 17,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                December 4,
                                                1984, Reg;
                                                December 2,
                                                2008, Susp.
Tennessee:
    Adamsville, Town of,               470292  March 30, 1982,    ......do..............   Do.
     McNairy County.                            Emerg; September
                                                29, 1986, Reg;
                                                December 2,
                                                2008, Susp.
    Michie, City of, McNairy           470336  September 14,      ......do..............   Do.
     County.                                    2006, Emerg;
                                                December 1,
                                                2006, Reg;
                                                December 2,
                                                2008, Susp.
    Ramer, Town of, McNairy            470131  July 17, 2002,     ......do..............   Do.
     County.                                    Emerg; November
                                                1, 2005, Reg;
                                                December 2,
                                                2008, Susp.

            Region V

Michigan:
    Caseville, Township of,            260257  November 9, 1973,  ......do..............   Do.
     Huron County.                              Emerg; December
                                                1, 1977, Reg;
                                                December 2,
                                                2008, Susp.
    Caseville, Village of,             260677  May 28, 1982,      ......do..............   Do.
     Huron County.                              Emerg; January
                                                1, 1992, Reg;
                                                December 2,
                                                2008, Susp.
    Elkton, Village of, Huron          260569  September 3,       ......do..............   Do.
     County.                                    1981, Emerg; May
                                                25, 1984, Reg;
                                                December 2,
                                                2008, Susp.
    Fairhaven, Township of,            260628  August 12, 1975,   ......do..............   Do.
     Huron County.                              Emerg; January
                                                6, 1988, Reg;
                                                December 2,
                                                2008, Susp.
    Gore, Township of, Huron           260785  December 16,       ......do..............   Do.
     County.                                    1986, Emerg;
                                                September 18,
                                                1987, Reg;
                                                December 2,
                                                2008, Susp.
    Hume, Township of, Huron           260792  January 29, 1987,  ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1987, Reg;
                                                December 2,
                                                2008, Susp.
    Huron, Township of, Huron          260415  July 15, 1987,     ......do..............   Do.
     County.                                    Emerg; April 2,
                                                1992, Reg;
                                                December 2,
                                                2008, Susp.
    Lake, Township of, Huron           260254  January 30, 1974,  ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1978, Reg;
                                                December 2,
                                                2008, Susp.
    McKinley, Township of,             260322  November 26,       ......do..............   Do.
     Huron County.                              1974, Emerg;
                                                July 1, 1987,
                                                Reg; December 2,
                                                2008, Susp.
    Oliver, Township of, Huron         261312  December 4, 2002,  ......do..............   Do.
     County.                                    Emerg; --, Reg;
                                                December 2,
                                                2008, Susp.
    Port Austin, Township of,          260290  April 17, 1974,    ......do..............   Do.
     Huron County.                              Emerg; January
                                                1, 1992, Reg;
                                                December 2,
                                                2008, Susp.
    Rubicon, Township of, Huron        260789  December 22,       ......do..............   Do.
     County.                                    1986, Emerg;
                                                September 30,
                                                1988, Reg;
                                                December 2,
                                                2008, Susp.
    Sand Beach, Township of,           260787  December 16,       ......do..............   Do.
     Huron County.                              1986, Emerg;
                                                September 18,
                                                1987, Reg;
                                                December 2,
                                                2008, Susp.
    Sebewaing, Village of,             260572  March 24, 1976,    ......do..............   Do.
     Huron County.                              Emerg; December
                                                3, 1987, Reg;
                                                December 2,
                                                2008, Susp.
    Sherman, Township of, Huron        260788  December 15,       ......do..............   Do.
     County.                                    1986, Emerg;
                                                September 18,
                                                1987, Reg;
                                                December 2,
                                                2008, Susp.

[[Page 75611]]


Ohio:
    Holmes County,                     390276  October 25, 1977,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                15, 1990, Reg;
                                                December 2,
                                                2008, Susp.
    Killbuck, Village of,              390279  August 27, 1975,   ......do..............   Do.
     Holmes County.                             Emerg; February
                                                5, 1986, Reg;
                                                December 2,
                                                2008, Susp.

           Region IX

California:
    Cotati, City of, Sonoma            060377  July 22, 1975,     ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1980, Reg;
                                                December 2,
                                                2008, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: November 28, 2008.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E8-29456 Filed 12-11-08; 8:45 am]

BILLING CODE 9110-12-P
