E8-27039. 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.

Previously, 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
North Carolina:
Andrews, Town of, Cherokee County	370060	July 29, 1975, Emerg; February 1, 1985, Reg; November 19, 2008, Susp	Nov. 19, 2008	Nov. 19, 2008.
Cherokee County, Unincorporated Areas	370059	July 18, 1979, Emerg; February 2, 1989, Reg; November 19, 2008, Susp	......do*	Do.
Clay County, Unincorporated Areas	370063	March 9, 1994, Emerg; April 1, 1999, Reg; November 19, 2008, Susp	......do	Do.
Hayesville, Town of, Clay County	370431	December 23, 2002, Emerg; —, Reg; November 19, 2008, Susp	......do	Do.
Murphy, Town of, Cherokee County	370061	April 30, 1975, Emerg; July 3, 1986, Reg; November 19, 2008, Susp	......do	Do.
South Carolina:
Bishopville, Town of, Lee County	450127	June 17, 1975, Emerg; July 1, 1988, Reg; November 19, 2008, Susp	......do	Do.
Lee County, Unincorporated Areas	450126	November 19, 1990, Emerg; December 15, 1990, Reg; November 19, 2008, Susp	......do	Do.
Lynchburg, Town of, Lee County	450128	December 15, 1986, Emerg; February 1, 1991, Reg; November 19, 2008, Susp	......do	Do.
Region V
Wisconsin:
Big Bend, Village of, Waukesha County	550477	August 19, 1974, Emerg; March 1, 1984, Reg; November 19, 2008, Susp	......do	Do.
Brookfield, City of, Waukesha County	550478	February 23, 1972, Emerg; August 19, 1986, Reg; November 19, 2008, Susp	......do	Do.
Butler, Village of, Waukesha County	550536	March 7, 1974, Emerg; May 15, 1978, Reg; November 19, 2008, Susp	......do	Do.
Delafield, City of, Waukesha County	550479	July 15, 1975, Emerg; August 15, 1983, Reg; November 19, 2008, Susp	......do	Do.
Dousman, Village of, Waukesha County	550480	June 30, 1975, Emerg; April 17, 1987, Reg; November 19, 2008, Susp	......do	Do.
Hartland, Village of, Waukesha County	550481	July 25, 1975, Emerg; December 1, 1982, Reg; November 19, 2008, Susp	......do	Do.
Lac La Belle, Village of, Waukesha County	550565	May 25 1976, Emerg; January 18, 1984, Reg; November 19, 2008, Susp	......do	Do.
Lannon, Village of, Waukesha County	550482	July 18, 1975, Emerg; December 1, 1982, Reg; November 19, 2008, Susp	......do	Do.
Menomenee Falls, Village of, Waukesha County	550483	November 12, 1973, Emerg; September 15, 1978, Reg; November 19, 2008, Susp	......do	Do.
Mukwonago, Village of, Waukesha County	550485	February 18, 1975, Emerg; July 5, 1985, Reg; November 19, 2008, Susp	......do	Do.
Muskego, City of, Waukesha County	550486	April 12, 1974, Emerg; December 1, 1982, Reg; November 19, 2008, Susp	......do	Do.
New Berlin, City of, Waukesha County	550487	May 18, 1973, Emerg; March 18, 1987, Reg; November 19, 2008, Susp	......do	Do.
Oconomowoc, City of, Waukesha County	550488	May 1, 1975, Emerg; September 1, 1983, Reg; November 19, 2008, Susp	......do	Do.
Oconomowoc Lake, Village of, Waukesha County	550582	July 29, 1975, Emerg; October 16, 1984, Reg; November 19, 2008, Susp	......do	Do.
Pewaukee, Village of, Waukesha County	550489	March 24, 1975, Emerg; June 15, 1982, Reg; November 19, 2008, Susp	......do	Do.
Sussex, Village of, Waukesha County	550490	June 24, 1975, Emerg; June 19, 1989, Reg; November 19, 2008, Susp	......do	Do.
Waukesha, City of, Waukesha County	550491	April 2, 1974, Emerg; September 2, 1982, Reg; November 19, 2008, Susp	......do	Do.
Waukesha County, Unincorporated Areas	550476	May 25, 1973, Emerg; August 1, 1983, Reg; November 19, 2008, Susp	......do	Do.
Region VII
Kansas:
Cherokee County, Unincorporated Areas	200044	May 10, 1985, Emerg; August 5, 1991, Reg; November 19, 2008, Susp	......do	Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: November 4, 2008.

Michael K. Buckley,

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