E9-17211. 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 III
Virginia:
Charlotte County, Unincorporated Areas	510333	November 26, 1996, Emerg; November 1, 1997, Reg; July 20, 2009, Susp	July 20, 2009	July 20, 2009.
Drakes Branch, Town of, Charlotte County	510032	October 18, 1974, Emerg; June 11, 1982, Reg; July 20, 2009, Susp	......*do	Do.
King William County, Unincorporated Areas	510304	May 22, 1975, Emerg; February 6, 1991, Reg; July 20, 2009, Susp	......do	Do.
Lunenburg County, Unincorporated Areas	510309	October 5, 1978, Emerg; February 25, 1983, Reg; July 20, 2009, Susp	......do	Do.
Phenix, Town of, Charlotte County	510302	July 8, 1975, Emerg; February 25, 1983, Reg; July 20, 2009, Susp	......do	Do.
West Point, Town of, King William County	510083	April 16, 1975, Emerg; June 18, 1990, Reg; July 20, 2009, Susp	......do	Do.
Region IV
North Carolina:
Gates County, Unincorporated Areas	370103	March 4, 1976, Emerg; July 16, 1991, Reg; July 20, 2009, Susp	......do	Do.
Gatesville, Town of, Gates County	370104	July 8, 1975, Emerg; May 13, 1977, Reg; July 20, 2009, Susp	......do	Do.
Region V
Ohio:
Akron, City of, Summit County	390523	February 18, 1975, Emerg; February 18, 1981, Reg; July 20, 2009, Susp	......do	Do.
Barberton, City of, Summit County	390524	September 13, 1974, Emerg; January 16, 1981, Reg; July 20, 2009, Susp	......do	Do.
Boston Heights, Village of, Summit County	390749	November 16, 1976, Emerg; February 18, 1981, Reg; July 20, 2009, Susp	......do	Do.
Clinton, Village of, Summit County	390525	June 9, 1975, Emerg; July 2, 1980, Reg; July 20, 2009, Susp	......do	Do.
Cuyahoga Falls, City of, Summit County	390526	February 27, 1975, Emerg; February 18, 1981, Reg; July 20, 2009, Susp	......do	Do.
Fairlawn, City of, Summit County	390657	December 29, 1975, Emerg; January 16, 1981, Reg; July 20, 2009, Susp	......do	Do.
Green, City of, Summit County	390927	NA, Emerg; May 29, 2002, Reg; July 20, 2009, Susp	......do	Do.
Hudson, City of, Summit County	390660	May 19, 1975, Emerg; September 30, 1980, Reg; July 20, 2009, Susp	......do	Do.
Lakemore, Village of, Summit County	390527	August 8, 1975, Emerg; May 25, 1978, Reg; July 20, 2009, Susp	......do	Do.
Macedonia, City of, Summit County	390750	November 11, 1976, Emerg; February 4, 1981, Reg; July 20, 2009, Susp	......do	Do.
Mogadore, Village of, Summit County	390528	June 11, 1975, Emerg; September 3, 1979, Reg; July 20, 2009, Susp	......do	Do.
Munroe Falls, City of, Summit County	390843	October 26, 1988, Emerg; May 16, 1994, Reg; July 20, 2009, Susp	......do	Do.
Norton, City of, Summit County	390529	July 2, 1975, Emerg; January 16, 1981, Reg; July 20, 2009, Susp	......do	Do.
Peninsula, Village of, Summit County	390530	June 25, 1975, Emerg; March 2, 1979, Reg; July 20, 2009, Susp	......do	Do.
Reminderville, Village of, Summit County	390855	July 9, 1980, Emerg; May 17, 1990, Reg; July 20, 2009, Susp	......do	Do.
Stow, City of, Summit County	390532	November 12, 1973, Emerg; July 17, 1978, Reg; July 20, 2009, Susp	......do	Do.
Summit County, Unincorporated Areas	390781	November 21, 1975, Emerg; April 15, 1981, Reg; July 20, 2009, Susp	......do	Do.
Twinsburg, City of, Summit County	390534	September 18, 1973, Emerg; February 4, 1981, Reg; July 20, 2009, Susp	......do	Do.
Wisconsin:
Amherst, Village of, Portage County	550338	April 2, 1975, Emerg; January 17, 1991, Reg; July 20, 2009, Susp	......do	Do.
Nelsonville, Village of, Portage County	550339	July 1, 1975, Emerg; September 1, 1986, Reg; July 20, 2009, Susp	......do	Do.
Plover, Village of, Portage County	550340	April 23, 1974, Emerg; March 1, 1984, Reg; July 20, 2009, Susp	......do	Do.
Portage County, Unincorporated Areas	550572	February 10, 1975, Emerg; June 1, 1983, Reg; July 20, 2009, Susp	......do	Do.
Rosholt, Village of, Portage County	550341	June 24, 1975, Emerg; September 1, 1988, Reg; July 20, 2009, Susp	......do	Do.
Stevens Point, City of, Portage County	550342	August 2, 1974, Emerg; June 1, 1983, Reg; July 20, 2009, Susp	......do	Do.
Whiting, Village of, Portage County	550607	February 15, 1984, Emerg; February 15, 1984, Reg; July 20, 2009, Susp	......do	Do.
Region VI
Oklahoma:
Cache, Town of, Comanche County	400048	March 10, 1975, Emerg; March 18, 1987, Reg; July 20, 2009, Susp	......do	Do.
Faxon, Town of, Comanche County	400522	NA , Emerg; June 20, 2008, Reg; July 20, 2009, Susp	......do	Do.
Indiahoma, Town of, Comanche County	400287	June 24, 1977, Emerg; April 15, 1982, Reg; July 20, 2009, Susp	......do	Do.
Lawton, City of, Comanche County	400049	November 15, 1973, Emerg; December 1, 1978, Reg; July 20, 2009, Susp	......do	Do.
Sterling, Town of, Comanche County	400414	February 19, 1976, Emerg; July 5, 1978, Reg; July 20, 2009, Susp	......do	Do.
Region VIII
South Dakota:
Corona, Town of, Roberts County	460071	September 25, 1975, Emerg; March 4, 1987, Reg; July 20, 2009, Susp	......do	Do.
Roberts County, Unincorporated Areas	460286	February 21, 1980, Emerg; October 1, 1986, Reg; July 20, 2009, Susp	......do	Do.
Sisseton, City of, Roberts County	460072	May 14, 1975, Emerg; May 1, 1986, Reg; July 20, 2009, Susp	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.

Dated: July 7, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate.