E9-21024. 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:
Frederick County, Unincorporated Areas	510063	November 5, 1973, Emerg; July 17, 1978, Reg; September 2, 2009, Susp.	Sept. 2, 2009	Sept. 2, 2009
Middletown, Town of, Frederick County	510274	February 24, 1975, Emerg; August 3, 1984, Reg; September 2, 2009, Susp.	......do*	Do.
Norfolk, City of, Independent City County	510104	August 15, 1973, Emerg; August 1, 1979, Reg; September 2, 2009, Susp.	......do	Do.
Stephens City, Town of, Frederick County	510064	June 17, 1975, Emerg; September 10, 1984, Reg; September 2, 2009, Susp.	......do	Do.
Winchester, City of, Independent City County	510173	September 6, 1974, Emerg; November 15, 1978, Reg; September 2, 2009, Susp.	......do	Do.
West Virginia:
Bayard, Town of, Grant County	540240	October 3, 1975, Emerg; August 10, 1979, Reg; September 2, 2009, Susp.	......do	Do.
Hardy County, Unincorporated Areas	540051	May 16, 1978, Emerg; June 19, 1985, Reg; September 2, 2009, Susp.	......do	Do.
Moorefield, Town of, Hardy County	540052	May 12, 1975, Emerg; July 1, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Petersburg, Town of, Grant County	540039	April 18, 1975, Emerg; June 18, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Wardensville, Town of, Hardy County	540245	April 17, 1975, Emerg; August 1, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Region IV
Georgia:
Arlington, City of, Calhoun, Early County	130026	November 3, 1975, Emerg; June 3, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Brooks County, Unincorporated Areas	130281	May 3, 1982, Emerg; May 3, 1982, Reg; September 2, 2009, Susp.	......do	Do.
Calhoun County, Unincorporated Areas	130571	August 10, 1999, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Dawson, City of, Terrell County	130509	September 27, 1994, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Early County, Unincorporated Areas	130499	February 28, 1991, Emerg; August 2, 1995, Reg; September 2, 2009, Susp.	......do	Do.
Edison, City of, Calhoun County	130085	September 14, 2007, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Lee County, Unincorporated Areas	130122	May 1, 1975, Emerg; May 15, 1991, Reg; September 2, 2009, Susp.	......do	Do.
Leesburg, City of, Lee County	130348	March 3, 1976, Emerg; June 17, 1986, Reg; September 2, 2009, Susp.	......do	Do.
North High Shoals, Town of, Oconee County	130368	October 28, 1983, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Oconee County, Unincorporated Areas	130453	October 16, 1975, Emerg; July 17, 1989, Reg; September 2, 2009, Susp.	......do	Do.
Quitman, City of, Brooks County	130015	December 26, 1973, Emerg; April 1, 1982, Reg; September 2, 2009, Susp.	......do	Do.
Reynolds, Town of, Taylor County	130527	NA, Emerg; June 19, 2003, Reg; September 2, 2009, Susp.	......do	Do.
Smithville, City of, Lee County	130349	January 18, 1983, Emerg; June 4, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Taylor County, Unincorporated Areas	130522	NA, Emerg; February 13, 1997, Reg; September 2, 2009, Susp.	......do	Do.
Terrell County, Unincorporated Areas	130400	February 13, 1997, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Watkinsville, City of, Oconee County	130369	March 18, 1976, Emerg; August 19, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Kentucky:
McCreary County, Unincorporated Areas	210343	November 19, 1996, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Monticello, City of, Wayne County	210221	July 2, 1975, Emerg; September 18, 1985, Reg; September 2, 2009, Susp.	......do	Do.
Morganfield, City of, Union County	210216	July 23, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Shelby County, Unincorporated Areas	210209	August 23, 1996, Emerg; September 1, 2001, Reg; September 2, 2009, Susp.	......do	Do.
Shelbyville, City of, Shelby County	210376	June 9, 1997, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Sturgis, City of, Union County	210217	April 8, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Union County, Unincorporated Areas	210301	December 21, 2005, Emerg; NA, Reg; September 2, 2009, Susp.	......do	Do.
Uniontown, Town of, Union County	210218	May 23, 1997, Emerg; April 1, 1998, Reg; September 2, 2009, Susp.	......do	Do.
North Carolina:
Alleghany County, Unincorporated Areas	370004	December 23, 2002, Emerg; February 1, 2004, Reg; September 2, 2009, Susp.	......do	Do.
Sparta, Town of, Alleghany County	370005	April 27, 1977, Emerg; July 3, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Region VI
Texas:
Bulverde, City of, Comal County	481681	NA, Emerg; March 24, 1998, Reg; September 2, 2009, Susp.	......do	Do.
Comal County, Unincorporated Areas	485463	March 5, 1971, Emerg; November 9, 1973, Reg; September 2, 2009, Susp.	......do	Do.
New Braunfels, City of, Comal County	485493	December 4, 1970, Emerg; December 1, 1972, Reg; September 2, 2009, Susp.	......do	Do.
Region VII
Kansas:
Great Bend, City of, Barton County	200019	February 24, 1977, Emerg; May 16, 1983, Reg; September 2, 2009, Susp.	......do	Do.
Hoisington, City of, Barton County	200020	February 21, 1975, Emerg; February 5, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Pawnee Rock, City of, Barton County	200021	May 10, 1976, Emerg; January 14, 1977, Reg; September 2, 2009, Susp.	......do	Do.
Region VIII
North Dakota:
Bottineau, City of, Bottineau County	380007	July 1, 1974, Emerg; September 28, 1979, Reg; September 2, 2009, Susp.	......do	Do.
Haram, Township of, Bottineau County	380673	May 16, 1983, Emerg; January 2, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Lansford, City of, Bottineau County	380184	February 5, 1979, Emerg; August 12, 1980, Reg; September 2, 2009, Susp.	......do	Do.
Lansford, Township of, Bottineau County	380675	June 1, 1983, Emerg; August 19, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Newborg, Township of, Bottineau County	380668	April 5, 1983, Emerg; January 16, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Souris, City of, Bottineau County	380010	August 12, 1977, Emerg; March 18, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Willow City, City of, Bottineau County	380011	May 27, 1976, Emerg; September 28, 1979, Reg; September 2, 2009, Susp.	......do	Do.
South Dakota:
Baltic, Town of, Minnehaha County	460058	January 17, 1980, Emerg; November 19, 1980, Reg; September 2, 2009, Susp.	......do	Do.
Brandon, City of, Minnehaha County	460296	February 9, 1977, Emerg; July 10, 1979, Reg; September 2, 2009, Susp.	......do	Do.
Dell Rapids, City of, Minnehaha County	460059	December 17, 1974, Emerg; August 15, 1980, Reg; September 2, 2009, Susp.	......do	Do.
Hanson County, Unincorporated Areas	460270	February 26, 1997, Emerg; July 1, 1998, Reg; September 2, 2009, Susp.	......do	Do.
Hutchinson County, Unincorporated Areas	460041	June 27, 1986, Emerg; April 1, 1987, Reg; September 2, 2009, Susp.	......do	Do.
Lake County, Unincorporated Areas	460276	March 20, 1979, Emerg; August 5, 1986, Reg; September 2, 2009, Susp.	......do	Do.
Madison, City of, Lake County	460044	May 15, 1975, Emerg; July 5, 1982, Reg; September 2, 2009, Susp.	......do	Do.
Menno, City of, Hutchinson County	460199	July 28, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp.	......do	Do.
Minnehaha County, Unincorporated Areas	460057	November 11, 1974, Emerg; September 5, 1979, Reg; September 2, 2009, Susp.	......do	Do.
Parkston, City of, Hutchinson County	460042	June 27, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp.	......do	Do.
Sioux Falls, City of, Minnehaha County	460060	April 12, 1974, Emerg; January 17, 1979, Reg; September 2, 2009, Susp.	......do	Do.
Valley Springs, City of, Minnehaha County	460221	April 3, 1978, Emerg; July 16, 1980, Reg; September 2, 2009, Susp.	......do	Do.
*......do = Ditto.

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 24, 2009.

Deborah Ingram,

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