E8-6777. 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.

ADDRESSES:

If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office.

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: Bland County, Unincorporated Areas	510017	July 29, 1975, Emerg; January 5, 1989, Reg; April 02, 2008, Susp	Apr. 2, 2008	Apr. 2, 2008.
Region IV
Kentucky:
Breathitt County, Unincorporated Areas	210023	April 20, 1977, Emerg; September 27, 1985, Reg; April 02, 2008, Susp	......do*	Do.
Jackson, City of, Breathitt County	210024	July 21, 1975, Emerg; September 27, 1985, Reg; April 02, 2008, Susp	......do	Do.
Region V
Wisconsin:
Bangor, Village of, La Crosse County	550218	January 20, 1975, Emerg; January 2, 1981, Reg; April 02, 2008, Susp	......do	Do.
Cambria, Village of, Columbia County	550057	June 11, 1975, Emerg; September 18, 1985, Reg; April 02, 2008, Susp	......do	Do.
Columbia County, Unincorporated Areas	550581	July 31, 1975, Emerg; April 15, 1980, Reg; April 02, 2008, Susp	......do	Do.
Columbus, City of, Columbia County	550058	October 7, 1974, Emerg; December 1, 1981, Reg; April 02, 2008, Susp	......do	Do.
Doylestown, Village of, Columbia County	550059	April 30, 1976, Emerg; September 18, 1985, Reg; April 02, 2008, Susp	......do	Do.
Fall River, Village of, Columbia County	550060	April 17, 1975, Emerg; September 4, 1985, Reg; April 02, 2008, Susp	......do	Do.
Holmen, Village of, La Crosse County	550219	June 27, 1975, Emerg; April 20, 1979, Reg; April 02, 2008, Susp	......do	Do.
La Crosse, City of, La Crosse County	555562	December 4, 1970, Emerg; January 15, 1971, Reg; April 02, 2008, Susp	......do	Do.
La Crosse County, Unincorporated Areas	550217	March 26, 1971, Emerg; March 15, 1984, Reg; April 02, 2008, Susp	......do	Do.
Lodi, City of, Columbia County	550061	June 13, 1974, Emerg; November 15, 1984, Reg; April 02, 2008, Susp	......do	Do.
Onalaska, City of, La Crosse County	550221	July 3, 1975, Emerg; September 16, 1981, Reg; April 02, 2008, Susp	......do	Do.
Pardeeville, Village of, Columbia County	550062	August 19, 1976, Emerg; August 15, 1983, Reg; April 02, 2008, Susp	......do	Do.
Portage, City of, Columbia County	550063	June 11, 1974, Emerg; August 15, 1983, Reg; April 02, 2008, Susp	......do	Do.
Poynette, Village of, Columbia County	550064	July 29, 1975, Emerg; September 18, 1985, Reg; April 02, 2008, Susp	......do	Do.
West Salem, Village of, La Crosse County	550560	April 17, 1986, Emerg; April 17, 1986, Reg; April 02, 2008, Susp	......do	Do.
Wisconsin Dells, City of, Columbia County	550065	July 17, 1975, Emerg; December 18, 1984, Reg; April 02, 2008, Susp	......do	Do.
Wyocena, Village of, Columbia County	550066	May 22, 1975, Emerg; January 18, 1984, Reg; April 02, 2008, Susp	......do	Do.
Region VI
Oklahoma:
Avant, Town of, Osage County	400147	July 7, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp	......do	Do.
Barnsdall, City of, Osage County	400148	July 3, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp	......do	Do.
Bartlesville, City of, Osage County	400220	October 18, 1973, Emerg; July 16, 1980, Reg; April 02, 2008, Susp	......do	Do.
Hominy, City of, Osage County	400151	April 16, 1976, Emerg; November 19, 1980, Reg; April 02, 2008, Susp	......do	Do.
Pawhuska, City of, Osage County	400152	May 6, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp	......do	Do.
Ponca City, City of, Osage County	400080	March 6, 1974, Emerg; July 2, 1980, Reg; April 02, 2008, Susp	......do	Do.
Sand Springs, City of, Osage County	400211	August 5, 1974, Emerg; June 15, 1981, Reg; April 02, 2008, Susp	......do	Do.
Shidler, City of, Osage County	400410	April 11, 1977, Emerg; July 3, 1985, Reg; April 02, 2008, Susp	......do	Do.
Tulsa, City of, Osage County	405381	November 20, 1970, Emerg; August 13, 1971, Reg; April 02, 2008, Susp	......do	Do.
Texas:
El Cenizo, City of, Webb County	480070	______ , Emerg; June 21, 2007, Reg; April 02, 2008, Susp	......do	Do.
Laredo, City of, Webb County	480651	August 7, 1975, Emerg; May 17, 1982, Reg; April 02, 2008, Susp	......do	Do.
Rio Bravo, City of, Webb County	481684	______ , Emerg; September 15, 1998, Reg; April 02, 2008, Susp	......do	Do.
Webb County, Unincorporated Areas	481059	______ , Emerg; September 8, 1998, Reg; April 02, 2008, Susp	......do	Do.
Region VII
Nebraska:
Curtis, City of, Frontier County	310086	September 11, 2006, Emerg;______, Reg; April 02, 2008, Susp	......do	Do.
Eustis, Village of, Frontier County	310276	October 24, 1988, Emerg; March 1, 1990, Reg; April 02, 2008, Susp	......do	Do.
Maywood, Village of, Frontier County	310085	January 4, 2005, Emerg;______, Reg; April 02, 2008, Susp	......do	Do.
Region VIII
South Dakota:
Canton, City of, Lincoln County	460047	May 1, 1975, Emerg; September 4, 1985, Reg; April 02, 2008, Susp	......do	Do.
Harrisburg, Town of, Lincoln County	460114	May 7, 1997, Emerg; June 8, 1998, Reg; April 02, 2008, Susp	......do	Do.
Hudson, Town of, Lincoln County	460049	September 3, 1975, Emerg; December 18, 1985, Reg; April 02, 2008, Susp	......do	Do.
Lennox, City of, Lincoln County	460192	February 20, 1997, Emerg; June 8, 1998, Reg; April 02, 2008, Susp	......do	Do.
Lincoln County, Unincorporated Areas	460277	September 27, 1985, Emerg; October 1, 1986, Reg; April 02, 2008, Susp	......do	Do.
Tea, City of, Lincoln County	460143	March 7, 1997, Emerg; April 25, 1997, Reg; April 02, 2008, Susp	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 7, 2008.

David I. Maurstad,

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