
[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Rules and Regulations]               
[Page 5893-5894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe10-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8117]

 
Suspension of Community Eligibility for Failure To Maintain 
Adequate Floodplain Management Regulations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: FEMA is suspending one community because of its failure to 
maintain floodplain management regulations meeting minimum requirements 
under the National Flood Insurance Program (NFIP). If documentation is 
received from the community before the effective suspension date, 
indicating they have brought their floodplain management regulations 
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(d), a community will be suspended from the NFIP for failing to 
maintain adequate floodplain management regulations. Accordingly, FEMA 
is suspending the City of Brentwood, Tennessee, (``the City'') 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 City; however, if the community submits 
the documentation required under 44 CFR 59.24(d) to show that they have 
corrected the deficiencies in their flood damage prevention ordinance 
identified in previous letters to the community to the maximum extent 
possible. This documentation must be received by FEMA before the actual 
suspension date. If the City 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 City on the 
suspension date, please contact the FEMA Region IV office at (770) 220-
5414. 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(a)). The prohibition against certain types 
of Federal disaster assistance also becomes effective for the City of 
Brentwood, Tennessee, on the date shown in the fourth column (42 U.S.C. 
4106(b)).
    The Administrator finds that notice and public comment procedure 
under 5 U.S.C. 553(b) are impracticable and unnecessary because the 
communities listed in this final rule have been adequately notified. 
FEMA addressed these notifications to the Chief Executive Officer of 
the City of Brentwood indicating that we will suspend the City unless 
they take 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 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 community 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

[[Page 5894]]

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]

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

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                                                                       Date certain Federal
                                                                       assistance no longer
                                                                       available in special
                                                           Community     flood hazard area    Current effective
              State                      Location             No.         and the sale of          map date
                                                                        flood insurance no
                                                                        longer available in
                                                                           the community
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            Region IV

Tennessee........................  Brentwood, City of..        470205  February 17, 2010...  September 29, 2006.
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    (Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: January 21, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Mitigation Directorate, 
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-2479 Filed 2-4-10; 8:45 am]
BILLING CODE 9110-12-P

