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Start Preamble
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.
Start Further InfoFOR 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, (202) 646-2953.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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 Start Printed Page 26570suspended 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.
Start List of SubjectsList of Subjects in 44 CFR Part 64
- Flood insurance
- Floodplains
Accordingly, 44 CFR part 64 is amended as follows:
End Amendment Part Start PartPART 64—[AMENDED]
End Part Start Amendment Part1. The authority citation for part 64 continues to read as follows:
End Amendment Part[Amended]2. The tables published under the authority of § 64.6 are amended as follows:
End Amendment PartStart SignatureState 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: Crewe, Town of, Nottoway County 510264 April 16, 1998, Emerg; —, Reg; June 2, 2009, Susp June 2, 2009 June 2, 2009 Nottoway County, Unincorporated Areas 510307 May 7, 1975, Emerg; September 1, 1987, Reg; June 2, 2009, Susp ......*do Do. Region IV Florida: Bay County, Unincorporated Areas 120004 May 12, 1975, Emerg; July 2, 1981, Reg; June 2, 2009, Susp ......do Do. Callaway, City of, Bay County 120005 January 13, 1975, Emerg; July 16, 1980, Reg; June 2, 2009, Susp ......do Do. Cedar Grove, Town of, Bay County 120006 May 16, 1975, Emerg; January 25, 1980, Reg; June 2, 2009, Susp ......do Do. Lynn Haven, City of, Bay County 120009 September 6, 1974, Emerg; June 1, 1977, Reg; June 2, 2009, Susp ......do Do. Mexico Beach, Town of, Bay County 120010 September 18, 1970, Emerg; July 18, 1977, Reg; June 2, 2009, Susp ......do Do. Panama City, City of, Bay County 120012 September 6, 1974, Emerg; July 18, 1977, Reg; June 2, 2009, Susp ......do Do. Panama City Beach, City of, Bay County 120013 December 17, 1971, Emerg; June 1, 1977, Reg; June 2, 2009, Susp ......do Do. Parker, City of, Bay County 120011 May 5, 1975, Emerg; August 1, 1980, Reg; June 2, 2009, Susp ......do Do. Springfield, City of, Bay County 120014 May 1, 1975, Emerg; August 17, 1981, Reg; June 2, 2009, Susp ......do Do. Georgia: Clarkesville, City of, Habersham County 130103 April 2, 1976, Emerg; February 17, 1988, Reg; June 2, 2009, Susp ......do Do. Cornelia, City of, Habersham County 130329 August 30, 1976, Emerg; August 1, 1986, Reg; June 2, 2009, Susp ......do Do. Habersham County, Unincorporated Areas 130458 September 23, 1976, Emerg; April 2, 1991, Reg; June 2, 2009, Susp ......do Do. Tallulah Falls, Town of, Habersham County 130380 December 29, 1980, Emerg; August 13, 1982, Reg; June 2, 2009, Susp ......do Do. North Carolina: Burnsville, Town of, Yancey County 370373 July 24, 1975, Emerg; April 17, 1984, Reg; June 2, 2009, Susp ......do Do. Hot Springs, Town of, Madison County 370153 November 17, 1977, Emerg; July 5, 1982, Reg; June 2, 2009, Susp ......do Do. Madison County, Unincorporated Areas 370152 November 26, 1973, Emerg; September 2, 1982, Reg; June 2, 2009, Susp ......do Do. Mars Hill, Town of, Madison County 370385 October 4, 1979, Emerg; August 19, 1987, Reg; June 2, 2009, Susp ......do Do. Start Printed Page 26571 Marshall, Town of, Madison County 370154 November 23, 1973, Emerg; May 15, 1978, Reg; June 2, 2009, Susp ......do Do. Yancey County, Unincorporated Areas 370261 March 29, 1978, Emerg; April 17, 1984, Reg; June 2, 2009, Susp ......do Do. Ohio: Cardington, Village of, Morrow County 390652 June 13, 1975, Emerg; November 2, 1984, Reg; June 2, 2009, Susp ......do Do. Morrow County, Unincorporated Areas 390868 July 23, 1987, Emerg; April 1, 1992, Reg; June 2, 2009, Susp ......do Do. Mt. Gilead, Village of, Morrow County 390424 April 29, 1975, Emerg; August 19, 1987, Reg; June 2, 2009, Susp ......do Do. Wisconsin: Fort Atkinson, City of, Jefferson County 555554 November 13, 1970, Emerg; August 6, 1971, Reg; June 2, 2009, Susp ......do Do. Jefferson, City of, Jefferson County 555561 April 23, 1971, Emerg; May 26, 1972, Reg; June 2, 2009, Susp ......do Do. Jefferson County, Unincorporated Areas 550191 April 2, 1971, Emerg; September 29, 1978, Reg; June 2, 2009, Susp ......do Do. Johnson Creek, Village of, Jefferson County 550194 February 13, 1976, Emerg; September 30, 1982, Reg; June 2, 2009, Susp ......do Do. Lac La Belle, Village of, Jefferson County 550565 May 25, 1976, Emerg; January 18, 1984, Reg; June 2, 2009, Susp ......do Do. Lake Mills, City of, Jefferson County 550195 September 10, 1975, Emerg; July 2, 1987, Reg; June 2, 2009, Susp ......do Do. Palmyra, Village of, Jefferson County 550196 May 13, 1975, Emerg; May 3, 1990, Reg; June 2, 2009, Susp ......do Do. Sullivan, Village of, Jefferson County 550197 July 10, 1975, Emerg; September 18, 1985, Reg; June 2, 2009, Susp ......do Do. Waterloo, City of, Jefferson County 550198 July 25, 1975, Emerg; September 18, 1985, Reg; June 2, 2009, Susp ......do Do. Waterloo, City of, Dodge County 550107 May 23, 1975, Emerg; April 1, 1981, Reg; June 2, 2009, Susp ......do Do. Whitewater, City of, Jefferson County 550200 March 27, 1975, Emerg; June 1, 1982, Reg; June 2, 2009, Susp ......do Do. Region VI Texas: Allen, City of, Collin County 480131 July 15, 1975, Emerg; June 1, 1978, Reg; June 2, 2009, Susp ......do Do. Carrollton, City of, Collin County 480167 May 27, 1975, Emerg; July 16, 1980, Reg; June 2, 2009, Susp ......do Do. Celina, City of, Collin County 480133 May 27, 1975, Emerg; November 1, 1979, Reg; June 2, 2009, Susp ......do Do. Collin County, Unincorporated Areas 480130 June 16, 1981, Emerg; June 16, 1981, Reg; June 2, 2009, Susp ......do Do. Fairview, Town of, Collin County 481069 January 18, 1977, Emerg; November 1, 1979, Reg; June 2, 2009, Susp ......do Do. Frisco, City of, Collin County 480134 October 7, 1975, Emerg; June 18, 1980, Reg; June 2, 2009, Susp ......do Do. Lavon, Town of, Collin County 481313 NA, Emerg; May 13, 1991, Reg; June 2, 2009, Susp ......do Do. Lucas, City of, Collin County 481545 July 3, 1979, Emerg; July 3, 1979, Reg; June 2, 2009, Susp ......do Do. McKinney, City of, Collin County 480135 April 9, 1975, Emerg; June 18, 1980, Reg; June 2, 2009, Susp ......do Do. Murphy, City of, Collin County 480137 August 7, 1975, Emerg; April 1, 1980, Reg; June 2, 2009, Susp ......do Do. New Hope, City of, Collin County 480138 NA, Emerg; April 19, 1996, Reg; June 2, 2009, Susp ......do Do. Parker, City of, Collin County 480139 May 26, 1977, Emerg; August 15, 1979, Reg; June 2, 2009, Susp ......do Do. Plano, City of, Collin County 480140 July 19, 1974, Emerg; January 2, 1980, Reg; June 2, 2009, Susp ......do Do. Prosper, City of, Collin County 480141 December 2, 1980, Emerg; May 4, 1982, Reg; June 2, 2009, Susp ......do Do. Richardson, City of, Collin County 480184 February 20, 1975, Emerg; December 4, 1979, Reg; June 2, 2009, Susp ......do Do. Sachse, City of, Collin County 480186 July 25, 1975, Emerg; September 1, 1978, Reg; June 2, 2009, Susp ......do Do. Van Alstyne, Town of, Collin County 481620 NA, Emerg; November 11, 1994, Reg; June 2, 2009, Susp ......do Do. Start Printed Page 26572 Westminster, Town of, Collin County 480758 NA, Emerg; May 10, 1993, Reg; June 2, 2009, Susp ......do Do. Region VII Kansas: Andover, City of, Butler County 200383 February 7, 1977, Emerg; December 4, 1986, Reg; June 2, 2009, Susp ......do Do. Augusta, City of, Butler County 200038 June 25, 1975, Emerg; August 15, 1980, Reg; June 2, 2009, Susp ......do Do. Butler County, Unincorporated Areas 200037 June 23, 1975, Emerg; March 2, 1981, Reg; June 2, 2009, Susp ......do Do. Douglass, City of, Butler County 200489 August 21, 2003, Emerg; September 1, 2004, Reg; June 2, 2009, Susp ......do Do. Rose Hill, City of, Butler County 200454 April 20, 1976, Emerg; August 24, 1981, Reg; June 2, 2009, Susp ......do Do. Missouri: Benton County, Unincorporated Areas 290027 September 24, 1986, Emerg; March 1, 1987, Reg; June 2, 2009, Susp ......do Do. Warsaw, City of, Benton County 290030 August 25, 1975, Emerg; August 4, 1987, Reg; June 2, 2009, Susp ......do Do. Region VIII South Dakota: Beadle County, Unincorporated Areas 460251 May 11, 1995, Emerg; October 1, 1997, Reg; June 2, 2009, Susp ......do Do. Cavour, Town of, Beadle County 461212 March 14, 1997, Emerg; June 8, 1998, Reg; June 2, 2009, Susp ......do Do. Huron, City of, Beadle County 460003 May 24, 1974, Emerg; July 16, 1987, Reg; June 2, 2009, Susp ......do Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension. Dated: May 22, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-12857 Filed 6-2-09; 8:45 am]
BILLING CODE 9110-12-P
Document Information
- Comments Received:
- 0 Comments
- Published:
- 06/03/2009
- Department:
- Federal Emergency Management Agency
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- E9-12857
- Pages:
- 26569-26572 (4 pages)
- Docket Numbers:
- Docket ID FEMA-2008-0020, Internal Agency Docket No. FEMA-8077
- Topics:
- Flood insurance, Flood plains
- PDF File:
- e9-12857.pdf
- CFR: (1)
- 44 CFR 64.6