
[Federal Register: October 29, 2009 (Volume 74, Number 208)]
[Rules and Regulations]               
[Page 55789-55790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc09-23]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8093]

 
Suspension of Community Eligibility for Failure To Enforce

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: FEMA is suspending one community because of its failure to 
enforce its floodplain management regulations under the National Flood 
Insurance Program (NFIP). If documentation is received from the 
community before the effective suspension date, indicating it has 
brought its floodplain management program into compliance with the NFIP 
requirements, FEMA will withdraw the suspension by publication in the 
Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of the community's scheduled 
suspension is the date listed in the fourth column of the following 
table.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation 
Directorate, 1800 South Bell Street, Arlington, VA 20598-3072, (202) 
646-2953.

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP) 
enables property owners to purchase flood insurance that is generally 
not otherwise available. In return, communities agree to adopt and 
implement local floodplain management regulations that contribute to 
protecting lives and reducing the risk of property damage from future 
flooding. Section 1315 of the National Flood Insurance Act of 1968, as 
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized 
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless 
an appropriate public body adopts adequate floodplain management 
measures with effective administration and enforcement processes.
    The community listed in this notice no longer complies with the 
NFIP requirements set forth at 44 CFR part 59 et seq. Under 44 CFR 
59.24(c), a community will be suspended from the NFIP for failing to 
adequately enforce its floodplain management regulations. Accordingly, 
FEMA is suspending the Village of Chauncey, Athens County, Ohio, (``the 
Village'') on the effective date in the fourth column of the table. As 
of that date, the purchase of new flood insurance policies or the 
renewal of existing flood insurance policies under the NFIP will no 
longer be available.
    FEMA will not suspend the Village, however, if the community 
submits the documentation required under 44 CFR 59.24(c) to show that 
it has corrected the deficiencies and remedied the violations 
identified in the Show Cause letter to the maximum extent possible. 
This documentation must be received by FEMA before the actual 
suspension date. If the Village successfully demonstrates its 
compliance with NFIP regulations, FEMA will continue its eligibility 
for the sale of NFIP insurance. FEMA will then publish in the Federal 
Register a notice withdrawing the suspension of the community. In the 
interim, if you wish to determine whether FEMA has suspended the 
Village on the suspension date, please contact the FEMA Region V office 
at (312) 408-5207. Additional information may also be found at http://
www.fema.gov/plan/prevent/floodplain/nfipkeywords/suspension.shtm.
    FEMA identified the special flood hazard areas (SFHAs) in this 
community by publishing a Flood Insurance Rate Map. The effective date 
of this map is indicated in the last column of the table. By law, no 
Federally regulated entity may provide financial assistance for 
acquisition or construction purposes for property located in a SFHA 
unless the community in which the property is located is participating 
in the NFIP (42 U.S.C. 4106). The prohibition against certain types of 
Federal disaster assistance also becomes effective for the Village of 
Chauncey, Ohio, on the date shown in the fourth column.
    The Administrator finds that notice and public comment procedure 
under 5 U.S.C. 553(b) are impracticable and unnecessary because the 
community listed in this final rule has been adequately notified. The 
community received a Probationary Letter on February 14, 2008, and was 
put on Probation June 14, 2008; and a 30-day show cause letter was sent 
July 29, 2009. FEMA addressed these notifications to the Mayor of the 
Village Council indicating that we will suspend the Village unless the 
Village takes the required corrective actions and remedial measures 
before the effective suspension date. Because we have made these 
notifications, 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 Regulatory Flexibility Act (5 
U.S.C. 601-612) requires that special consideration be given to the 
effects of proposed regulations on small entities. This rule does not 
require a Notice of Proposed Rulemaking and, therefore, is exempt from 
the requirements of the Regulatory Flexibility Act.
    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
The tables published under the authority of Sec.  64.6 are amended as 
follows:

[[Page 55790]]



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                                                                    Date certain
                                                                      Federal
                                                                   assistance no
                                                                  longer available
                                                     Community    in special flood
             State                    Location          No.       hazard area and    Current effective map date
                                                                 the sale of flood
                                                                    insurance no
                                                                  longer available
                                                                 in the  community
----------------------------------------------------------------------------------------------------------------
            Region V
Ohio...........................  Chauncey, Village       390017  November 6, 2009.  January 17, 1986.
                                  of, Athens
                                  County.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: October 15, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate, Federal 
Emergency Management Agency, Department of Homeland Security.
[FR Doc. E9-25863 Filed 10-28-09; 8:45 am]

BILLING CODE 9110-12-P
