E9-25835. 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 IV
Alabama:
Andalusia, City of, Covington County	010331	February 26, 1999, Emerg; N/A, Reg; November 4, 2009, Susp	Nov. 4, 2009	Nov. 4, 2009
Benton, Town of, Lowndes County	015002	February 25, 1972, Emerg; April 6, 1973, Reg; November 4, 2009, Susp	*......do	Do.
Conecuh County, Unincorporated Areas	010319	March 31, 1998, Emerg; N/A, Reg; November 4, 2009, Susp	......do	Do.
Covington County, Unincorporated Areas	010244	August 4, 1989, Emerg; September 1, 1990, Reg; November 4, 2009, Susp	......do	Do.
Evergreen, City of, Conecuh County	010051	September 3, 1976, Emerg; May 26, 1998, Reg; November 4, 2009, Susp	......do	Do.
Lowndes County, Unincorporated Areas	010272	December 11, 1975, Emerg; August 15, 1984, Reg; November 4, 2009, Susp	......do	Do.
Opp, City of, Covington County	010241	October 20, 1975, Emerg; July 18, 1985, Reg; November 4, 2009, Susp	......do	Do.
Red Level, Town of, Covington County	010243	May 3, 1999, Emerg; N/A, Reg; November 4, 2009, Susp	......do	Do.
River Falls, Town of, Covington County	010054	December 24, 1975, Emerg; July 8, 1977, Reg; November 4, 2009, Susp	......do	Do.
North Carolina:
Ashe County, Unincorporated Areas	370007	August 4, 1975, Emerg; August 16, 1988, Reg; November 4, 2009, Susp	......do	Do.
Jefferson, Town of, Ashe County	370008	September 5, 1975, Emerg; August 16, 1988, Reg; November 4, 2009, Susp	......do	Do.
Lansing, Town of, Ashe County	370374	September 4, 1975, Emerg; August 5, 1986, Reg; November 4, 2009, Susp	......do	Do.
West Jefferson, Town of, Ashe County	370009	August 21, 1975, Emerg; June 4, 1987, Reg; November 4, 2009, Susp	......do	Do.
Region V
Wisconsin:
Brandon, Village of, Fond Du Lac County	550132	March 31, 1975, Emerg; September 16, 1988, Reg; November 4, 2009, Susp	......do	Do.
Campbellsport, Village of, Fond Du Lac County	550133	May 13, 1975, Emerg; May 15, 1978, Reg; November 4, 2009, Susp	......do	Do.
Fond Du Lac, City of, Fond Du Lac County	550136	March 8, 1974, Emerg; January 3, 1979, Reg; November 4, 2009, Susp	......do	Do.
Fond Du Lac County, Unincorporated Areas	550131	April 2, 1974, Emerg; July 19, 1982, Reg; November 4, 2009, Susp	......do	Do.
Kewaskum, Village of, Washington County	550474	July 7, 1975, Emerg; January 6, 1982, Reg; November 4, 2009, Susp	......do	Do.
Mount Calvary, Village of, Fond Du Lac County	550137	August 1, 1975, Emerg; September 30, 1976, Reg; November 4, 2009, Susp	......do	Do.
North Fond Du Lac, Village of, Fond Du Lac County	550138	March 27, 1975, Emerg; December 4, 1979, Reg; November 4, 2009, Susp	......do	Do.
Ripon, City of, Fond Du Lac County	550140	July 2, 1975, Emerg; August 15, 1980, Reg; November 4, 2009, Susp	......do	Do.
Rosendale, Village of, Fond Du Lac County	550141	October 20, 1975, Emerg; September 29, 1989, Reg; November 4, 2009, Susp	......do	Do.
St. Cloud, Village of, Fond Du Lac County	550142	April 23, 1976, Emerg; July 1, 1987, Reg; November 4, 2009, Susp	......do	Do.
Waupun, City of, Fond Du Lac County	550108	January 21, 1975, Emerg; August 15, 1984, Reg; November 4, 2009, Susp	......do	Do.
Region VII
Kansas:
McLouth, City of, Jefferson County	200148	July 21, 1975, Emerg; July 20, 1984, Reg; November 4, 2009, Susp	......do	Do.
Oskaloosa, City of, Jefferson County	200151	November 21, 1975, Emerg; August 3, 1984, Reg; November 4, 2009, Susp	......do	Do.
Missouri:
Marthasville, City of, Warren County	290444	September 14, 1983, Emerg; September 14, 1983, Reg; November 4, 2009, Susp	......do	Do.
Warren County, Unincorporated Areas	290443	June 1, 1984, Emerg; April 3, 1985, Reg; November 4, 2009, Susp	......do	Do.
Wright City, City of, Warren County	290654	NA, Emerg; March 26, 2008, Reg; November 4, 2009, Susp	......do	Do.
Region VIII
South Dakota:
Big Stone City, City of, Grant County	460156	July 11, 1995, Emerg; July 1, 1998, Reg; November 4, 2009, Susp	......do	Do.
Milbank, City of, Grant County	460200	April 23, 1980, Emerg; December 9, 1985, Reg; November 4, 2009, Susp	......do	Do.
Revillo, Town of, Grant County	460031	June 30, 1975, Emerg; October 1, 1986, Reg; November 4, 2009, Susp	......do	Do.
Wyoming:
Converse County, Unincorporated Areas	560082	April 22, 1983, Emerg; April 5, 1988, Reg; November 4, 2009, Susp	......do	Do.
Douglas, City of, Converse County	560013	October 2, 1975, Emerg; October 17, 1978, Reg; November 4, 2009, Susp	......do	Do.
Glenrock, Town of, Converse County	560014	June 2, 1975, Emerg; November 15, 1985, Reg; November 4, 2009, Susp	......do	Do.
*......Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: October 9, 2009.

Edward L. Connor,

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