
[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Rules and Regulations]               
[Page 17926-17929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap08-15]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8017]

 
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 Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

ADDRESSES: If you want to determine whether a particular community was 
suspended on the suspension date, contact the appropriate FEMA Regional 
Office.

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,

[[Page 17927]]

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.


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
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           Region III

Virginia: Bland County,                510017   July 29, 1975,     Apr. 2, 2008.........   Apr. 2, 2008.
 Unincorporated Areas.                          Emerg; January
                                                5, 1989, Reg;
                                                April 02, 2008,
                                                Susp.

           Region IV

Kentucky:
    Breathitt County,                  210023   April 20, 1977,    ......do*............   Do.
     Unincorporated Areas.                      Emerg; September
                                                27, 1985, Reg;
                                                April 02, 2008,
                                                Susp.
    Jackson, City of, Breathitt        210024   July 21, 1975,     ......do.............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                April 02, 2008,
                                                Susp.

            Region V

Wisconsin:
    Bangor, Village of, La             550218   January 20,        ......do.............   Do.
     Crosse County.                             1975, Emerg;
                                                January 2, 1981,
                                                Reg; April 02,
                                                2008, Susp.
    Cambria, Village of,               550057   June 11, 1975,     ......do.............   Do.
     Columbia County.                           Emerg; September
                                                18, 1985, Reg;
                                                April 02, 2008,
                                                Susp.
    Columbia County,                   550581   July 31, 1975,     ......do.............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1980, Reg; April
                                                02, 2008, Susp.
    Columbus, City of, Columbia        550058   October 7, 1974,   ......do.............   Do.
     County.                                    Emerg; December
                                                1, 1981, Reg;
                                                April 02, 2008,
                                                Susp.

[[Page 17928]]


    Doylestown, Village of,            550059   April 30, 1976,    ......do.............   Do.
     Columbia County.                           Emerg; September
                                                18, 1985, Reg;
                                                April 02, 2008,
                                                Susp.
    Fall River, Village of,            550060   April 17, 1975,    ......do.............   Do.
     Columbia County.                           Emerg; September
                                                4, 1985, Reg;
                                                April 02, 2008,
                                                Susp.
    Holmen, Village of, La             550219   June 27, 1975,     ......do.............   Do.
     Crosse County.                             Emerg; April 20,
                                                1979, Reg; April
                                                02, 2008, Susp.
    La Crosse, City of, La             555562   December 4,        ......do.............   Do.
     Crosse County.                             1970, Emerg;
                                                January 15,
                                                1971, Reg; April
                                                02, 2008, Susp.
    La Crosse County,                  550217   March 26, 1971,    ......do.............   Do.
     Unincorporated Areas.                      Emerg; March 15,
                                                1984, Reg; April
                                                02, 2008, Susp.
    Lodi, City of, Columbia            550061   June 13, 1974,     ......do.............   Do.
     County.                                    Emerg; November
                                                15, 1984, Reg;
                                                April 02, 2008,
                                                Susp.
    Onalaska, City of, La              550221   July 3, 1975,      ......do.............   Do.
     Crosse County.                             Emerg; September
                                                16, 1981, Reg;
                                                April 02, 2008,
                                                Susp.
    Pardeeville, Village of,           550062   August 19, 1976,   ......do.............   Do.
     Columbia County.                           Emerg; August
                                                15, 1983, Reg;
                                                April 02, 2008,
                                                Susp.
    Portage, City of, Columbia         550063   June 11, 1974,     ......do.............   Do.
     County.                                    Emerg; August
                                                15, 1983, Reg;
                                                April 02, 2008,
                                                Susp.
    Poynette, Village of,              550064   July 29, 1975,     ......do.............   Do.
     Columbia County.                           Emerg; September
                                                18, 1985, Reg;
                                                April 02, 2008,
                                                Susp.
    West Salem, Village of, La         550560   April 17, 1986,    ......do.............   Do.
     Crosse County.                             Emerg; April 17,
                                                1986, Reg; April
                                                02, 2008, Susp.
    Wisconsin Dells, City of,          550065   July 17, 1975,     ......do.............   Do.
     Columbia County.                           Emerg; December
                                                18, 1984, Reg;
                                                April 02, 2008,
                                                Susp.
    Wyocena, Village of,               550066   May 22, 1975,      ......do.............   Do.
     Columbia County.                           Emerg; January
                                                18, 1984, Reg;
                                                April 02, 2008,
                                                Susp.

           Region VI

Oklahoma:
    Avant, Town of, Osage              400147   July 7, 1975,      ......do.............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; April
                                                02, 2008, Susp.
    Barnsdall, City of, Osage          400148   July 3, 1975,      ......do.............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; April
                                                02, 2008, Susp.
    Bartlesville, City of,             400220   October 18,        ......do.............   Do.
     Osage County.                              1973, Emerg;
                                                July 16, 1980,
                                                Reg; April 02,
                                                2008, Susp.
    Hominy, City of, Osage             400151   April 16, 1976,    ......do.............   Do.
     County.                                    Emerg; November
                                                19, 1980, Reg;
                                                April 02, 2008,
                                                Susp.
    Pawhuska, City of, Osage           400152   May 6, 1975,       ......do.............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; April
                                                02, 2008, Susp.
    Ponca City, City of, Osage         400080   March 6, 1974,     ......do.............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; April
                                                02, 2008, Susp.
    Sand Springs, City of,             400211   August 5, 1974,    ......do.............   Do.
     Osage County.                              Emerg; June 15,
                                                1981, Reg; April
                                                02, 2008, Susp.
    Shidler, City of, Osage            400410   April 11, 1977,    ......do.............   Do.
     County.                                    Emerg; July 3,
                                                1985, Reg; April
                                                02, 2008, Susp.
    Tulsa, City of, Osage              405381   November 20,       ......do.............   Do.
     County.                                    1970, Emerg;
                                                August 13, 1971,
                                                Reg; April 02,
                                                2008, Susp.
Texas:
    El Cenizo, City of, Webb           480070   ------------ ,     ......do.............   Do.
     County.                                    Emerg; June 21,
                                                2007, Reg; April
                                                02, 2008, Susp.
    Laredo, City of, Webb              480651   August 7, 1975,    ......do.............   Do.
     County.                                    Emerg; May 17,
                                                1982, Reg; April
                                                02, 2008, Susp.
    Rio Bravo, City of, Webb           481684   ------------ ,     ......do.............   Do.
     County.                                    Emerg; September
                                                15, 1998, Reg;
                                                April 02, 2008,
                                                Susp.
    Webb County, Unincorporated        481059   ------------ ,     ......do.............   Do.
     Areas.                                     Emerg; September
                                                8, 1998, Reg;
                                                April 02, 2008,
                                                Susp.

           Region VII

Nebraska:
    Curtis, City of, Frontier          310086   September 11,      ......do.............   Do.
     County.                                    2006,
                                                Emerg;----------
                                                -, Reg; April
                                                02, 2008, Susp.
    Eustis, Village of,                310276   October 24,        ......do.............   Do.
     Frontier County.                           1988, Emerg;
                                                March 1, 1990,
                                                Reg; April 02,
                                                2008, Susp.
    Maywood, Village of,               310085   January 4, 2005,   ......do.............   Do.
     Frontier County.                           Emerg;----------
                                                -, Reg; April
                                                02, 2008, Susp.

          Region VIII

South Dakota:
    Canton, City of, Lincoln           460047   May 1, 1975,       ......do.............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                April 02, 2008,
                                                Susp.
    Harrisburg, Town of,               460114   May 7, 1997,       ......do.............   Do.
     Lincoln County.                            Emerg; June 8,
                                                1998, Reg; April
                                                02, 2008, Susp.

[[Page 17929]]


    Hudson, Town of, Lincoln           460049   September 3,       ......do.............   Do.
     County.                                    1975, Emerg;
                                                December 18,
                                                1985, Reg; April
                                                02, 2008, Susp.
    Lennox, City of, Lincoln           460192   February 20,       ......do.............   Do.
     County.                                    1997, Emerg;
                                                June 8, 1998,
                                                Reg; April 02,
                                                2008, Susp.
    Lincoln County,                    460277  September 27,       ......do.............   Do.
     Unincorporated Areas.                      1985, Emerg;
                                                October 1, 1986,
                                                Reg; April 02,
                                                2008, Susp.
    Tea, City of, Lincoln              460143  March 7, 1997,      ......do.............   Do.
     County.                                    Emerg; April 25,
                                                1997, Reg; April
                                                02, 2008, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: March 7, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E8-6777 Filed 4-1-08; 8:45 am]

BILLING CODE 9110-12-P
