E9-8379. 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 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.

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, [phone].

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

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. 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.

§ 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:
Bath County, Unincorporated Areas	510196	September 10, 1984, Emerg; September 16, 1975, Reg; April 14, 2009, Susp	April 2, 2009	April 14, 2009.
Craig County, Unincorporated Areas	510313	August 12, 1975, Emerg; February 2, 1990, Reg; April 14, 2009, Susp	*......do	Do.
Dendron, Town of, Surry County	510300	May 22, 1975, Emerg; July 16, 1982, Reg; April 14, 2009, Susp	......do	Do.
New Castle, Town of, Craig County	510340	N/A, Emerg; February 22, 1990, Reg; April 14, 2009, Susp	......do	Do.
Richmond, City of, Independent County	510129	August 29, 1973, Emerg; June 15, 1979, Reg; April 14, 2009, Susp	......do	Do.
Surry County, Unincorporated Areas	510157	March 25, 1974, Emerg; November 2, 1990, Reg; April 14, 2009, Susp	......do	Do.
Region V
Illinois:
Eldred, Village of, Greene County	170251	June 15, 1981, Emerg; June 15, 1981, Reg; April 14, 2009, Susp	......do	Do.
Elsah, Village of, Jersey County	170313	March 1, 1974, Emerg; February 18, 1981, Reg; April 14, 2009, Susp	......do	Do.
Greene County, Unincorporated Areas	170901	April 17, 1979, Emerg; August 5, 1985, Reg; April 14, 2009, Susp	......do	Do.
Greenfield, City of, Greene County	170252	July 5, 1979, Emerg; June 17, 1986, Reg; April 14, 2009, Susp	......do	Do.
Jersey County, Unincorporated Areas	170312	April 1, 1974, Emerg; February 1, 1984, Reg; April 14, 2009, Susp	......do	Do.
Jerseyville, City of, Jersey County	170315	June 17, 1981, Emerg; July 18, 1985, Reg; April 14, 2009, Susp	......do	Do.
Wisconsin:
Cascade, Village of, Sheboygan County	550425	January 20, 1976, Emerg; October 15, 1981, Reg; April 14, 2009, Susp	......do	Do.
Howards Grove, Village of, Sheboygan County	550608	November 14, 1983, Emerg;—, Reg; April 14, 2009, Susp	......do	Do.
Kohler, Village of, Sheboygan County	550426	May 13, 1975, Emerg; April 2, 1991, Reg; April 14, 2009, Susp	......do	Do.
Oostburg, Village of, Sheboygan County	550427	N/A, Emerg; August 31, 1998, Reg; April 14, 2009, Susp	......do	Do.
Plymouth, City of, Sheboygan County	550428	February 14, 1975, Emerg; July 5, 1983, Reg; April 14, 2009, Susp	......do	Do.
Random Lake, Village of, Sheboygan County	550429	July 30, 1975, Emerg; April 1, 1981, Reg; April 14, 2009, Susp	......do	Do.
Sheboygan, City of, Sheboygan County	550430	April 23, 1971, Emerg; March 15, 1977, Reg; April 14, 2009, Susp	......do	Do.
Sheboygan County, Unincorporated Areas	550424	April 4, 1973, Emerg; July 17, 1978, Reg; April 14, 2009, Susp	......do	Do.
Sheboygan Falls, City of, Sheboygan County	550431	June 10, 1975, Emerg; April 2, 1991, Reg; April 14, 2009, Susp	......do	Do.
Region VI
Louisiana:
Lincoln Parrish, Unincorporated Areas	230366	August 9, 1990, Emerg; March 1, 1991, Reg; April 14, 2009, Susp	......do	Do.
Ruston, City of, Lincoln Parrish	220347	February 19, 1975, Emerg; June 15, 1981, Reg; April 14, 2009, Susp	......do	Do.
Region VIII
Utah:
Enterprise, City of, Washington County	490169	June 27, 1986, Emerg; April 1, 1987, Reg; April 14, 2009, Susp	......do	Do.
Hurricane, City of, Washington County	490172	August 5, 1975, Emerg; February 2, 1984, Reg; April 14, 2009, Susp	......do	Do.
Ivins, City of, Washington County	490173	October 21, 1974, Emerg; August 23, 1982, Reg; April 14, 2009, Susp	......do	Do.
LaVerkin, City of, Washington County	490174	September 3, 1975, Emerg; February 2, 1984, Reg; April 14, 2009, Susp	......do	Do.
Leeds, Town of, Washington County	490175	August 11, 1978, Emerg; February 2, 1984, Reg; ,April 14, 2009 Susp	......do	Do.
Moab, City of, Grand County	490072	September 17, 1974, Emerg; June 4, 1980, Reg; April 14, 2009, Susp	......do	Do.
Santa Clara, City of, Washington County	490178	August 7, 1975, Emerg; August 5, 1986, Reg; April 14, 2009, Susp	......do	Do.
St. George, City of, Washington County	490177	August 28, 1974, Emerg; August 19, 1987, Reg; April 14, 2009, Susp	......do	Do.
Toquerville, Town of, Washington County	490180	July 20, 1984, Emerg; February 9, 1986, Reg; April 14, 2009, Susp	......do	Do.
Virgin, Town of, Washington County	490181	June 25, 1975, Emerg; August 5, 1986, Reg; April 14, 2009, Susp	......do	Do.
Washington, City of, Washington County	490182	July 7, 1975, Emerg; July 1, 1987, Reg; April 14, 2009, Susp	......do	Do.
Washington County, Unincorporated Areas	490224	October 15, 1975, Emerg; March 18, 1986, Reg; April 14, 2009, Susp	......do	Do.
Region IX
California:
Carmel By The Sea, City of, Monterey County	060196	N/A, Emerg; December 18, 1997, Reg; April 14, 2009, Susp	......do	Do.
Del Rey Oaks, City of, Monterey County	060197	June 23, 1978, Emerg; November 4, 1981, Reg; April 14, 2009, Susp	......do	Do.
Gonzales, City of, Monterey County	060198	July 25, 1975, Emerg; November 18, 1981, Reg; April 14, 2009, Susp	......do	Do.
Greenfield, City of, Monterey County	060446	January 27, 1977, Emerg; August 23, 1982, Reg; April 14, 2009, Susp	......do	Do.
Monterey County, Unincorporated Areas	060195	March 9, 1977, Emerg; January 30, 1984, Reg; April 14, 2009, Susp	......do	Do.
Pacific Grove, City of, Monterey County	060201	N/A, Emerg; January 12, 1998, Reg; April 14, 2009, Susp	......do	Do.
* do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.

Dated: March 26, 2009.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.