E9-17. 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 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, [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:
Boones Mill, Town of, Franklin County	510062	January 21, 1975, Emerg; September 1, 1978, Reg; December 16, 2008, Susp	Dec. 16, 2008	Dec. 16, 2008
Franklin County, Unincorporated Areas	510061	May 23, 1974, Emerg; May 19, 1981, Reg; December 16, 2008, Susp	......do *	Do.
Richmond County, Unincorporated Areas	510310	January 20, 1975, Emerg; March 16, 1989, Reg; December 16, 2008, Susp	......do	Do.
Rocky Mount, Town of, Franklin County	510291	June 18, 1975, Emerg; May 1, 1980, Reg; December 16, 2008, Susp	......do	Do.
Region IV
Alabama:
Bridgeport, Town of, Jackson County	015009	July 18, 1974, Emerg; July 18, 1985, Reg; December 16, 2008, Susp	......do	Do.
Dutton, Town of, Jackson County	010353	July 7, 1976, Emerg; March 18, 1985, Reg; December 16, 2008, Susp	......do	Do.
Hollywood, Town of, Jackson County	010111	July 26, 1974, Emerg; September 29, 1986, Reg; December 16, 2008, Susp	......do	Do.
Paint Rock, Town of, Jackson County	010214	July 30, 1975, Emerg; June 17, 1986, Reg; December 16, 2008, Susp	......do	Do.
Scottsboro, City of, Jackson County	010112	June 26, 1974, Emerg; September 18, 1985, Reg; December 16, 2008, Susp	......do	Do.
Stevenson, Town of, Jackson County	010113	October 16, 1974, Emerg; December 17, 1987, Reg; December 16, 2008, Susp	......do	Do.
Tennessee:
Blaine, City of, Grainger County	470398	November 26, 1988, Emerg; December 5, 1990, Reg; December 16, 2008, Susp	......do	Do.
Jefferson City, Town of, Jefferson County	475430	October 23, 1970, Emerg; April 9, 1971, Reg; December 16, 2008, Susp	......do	Do.
Region V
Ohio:
Magnetic Springs, Village of, Union County	390839	April 30, 1999, Emerg; July 1, 2000, Reg; December 16, 2008, Susp	......do	Do.
Marysville, City of, Union County	390548	April 30, 1975, Emerg; April 2, 1986, Reg; December 16, 2008, Susp	......do	Do.
Milford Center, Village of, Union County	390662	May 14, 1975, Emerg; June 2, 1995, Reg; December 16, 2008, Susp	......do	Do.
Richwood, Village of, Union County	390549	July 11, 1975, Emerg; April 17, 1995, Reg; December 16, 2008, Susp	......do	Do.
Union County, Unincorporated Areas	390808	March 16, 1977, Emerg; September 27, 1991, Reg; December 16, 2008, Susp	......do	Do.
Region VI
New Mexico:
Eunice, City of, Lea County	350028	August 18, 1975, Emerg; August 22, 1978, Reg; December 16, 2008, Susp	......do	Do.
Hobbs, City of, Lea County	350029	September 20, 1976, Emerg; July 16, 1991, Reg; December 16, 2008, Susp	......do	Do.
Jal, City of, Lea County	350030	September 28, 1977, Emerg; August 19, 1985, Reg; December 16, 2008, Susp	......do	Do.
Tatum, Town of, Lea County	350032	October 16, 1980, Emerg; July 1, 1988, Reg; December 16, 2008, Susp	......do	Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: December 12, 2008.

Michael K. Buckley,

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