E9-19540. 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:
Colonial Beach, Town of, Westmoreland County	510172	March 5, 1975, Emerg; September 18, 1987, Reg; August 18, 2009, Susp	August 18, 2009	August 18, 2009.
Westmoreland County, Unincorporated Areas	510250	September 23, 1974, Emerg; September 18, 1987, Reg; August 18, 2009, Susp	......*do	Do.
Region IV
Alabama:
Barbour County, Unincorporated Areas	010315	January 20, 1976, Emerg; January 1, 1987, Reg; August 18, 2009, Susp	......do	Do.
Blue Springs, Town of, Barbour County	010224	November 3, 1975, Emerg; September 1, 1986, Reg; August 18, 2009, Susp	......do	Do.
Brent, Town of, Bibb County	010012	November 1, 1974, Emerg; September 4, 1985, Reg; August 18, 2009, Susp	......do	Do.
Centreville, City of, Bibb County	010369	May 28, 1975, Emerg; August 19, 1985, Reg; August 18, 2009, Susp	......do	Do.
Clayton, Town of, Barbour County	010377	April 11, 1990, Emerg; May 1, 1994, Reg; August 18, 2009, Susp	......do	Do.
Clio, Town of, Barbour County	010223	December 30, 1975, Emerg; July 18, 1985, Reg; August 18, 2009, Susp	......do	Do.
Double Springs, Town of, Winston County	010350	February 8, 1991, Emerg; September 1, 1991, Reg; August 18, 2009, Susp	......do	Do.
Eufaula, City of, Barbour County	010011	April 10, 1975, Emerg; January 15, 1988, Reg; August 18, 2009, Susp	......do	Do.
Haleyville, City of, Winston County	010303	October 23, 1975, Emerg; June 25, 1976, Reg; August 18, 2009, Susp	......do	Do.
Louisville, Town of, Barbour County	010225	November 25, 1975, Emerg; September 1, 1987, Reg; August 18, 2009, Susp	......do	Do.
West Blockton, Town of, Bibb County	010014	October 24, 1974, Emerg; September 18, 1985, Reg; August 18, 2009, Susp	......do	Do.
Winston County, Unincorporated Areas	010304	January 14, 1991, Emerg; September 1, 1991, Reg; August 18, 2009, Susp	......do	Do.
Florida:
Kenneth, City of, Pinellas County	120245	August 6, 1974, Emerg; January 16, 1981, Reg; August 18, 2009, Susp	......do	Do.
Leon County, Unincorporated Areas	120143	June 4, 1973, Emerg; March 3, 2000, Reg; August 18, 2009, Susp	......do	Do.
Pinellas Park, City of, Pinellas County	120251	October 8, 1971, Emerg; August 15, 1977, Reg; August 18, 2009, Susp	......do	Do.
Tallahassee, City of, Leon County	120144	March 10, 1972, Emerg; December 6, 1976, Reg; August 18, 2009, Susp	......do	Do.
Georgia:
Baker County, Unincorporated Areas	130270	August 18, 1994, Emerg; June 19, 1997, Reg; August 18, 2009, Susp	......do	Do.
Butts County, Unincorporated Areas	130518	January 24, 1995, Emerg; March 18, 1996, Reg; August 18, 2009, Susp	......do	Do.
Cairo, City of, Grady County	130097	May 30, 1975, Emerg; September 1, 1986, Reg; August 18, 2009, Susp	......do	Do.
Colquitt, City of, Miller County	130135	July 22, 1992, Emerg; April 1, 1993, Reg; August 18, 2009, Susp	......do	Do.
Flovilla, City of, Butts County	130283	July 13, 1976, Emerg; September 29, 1986, Reg; August 18, 2009, Susp	......do	Do.
Grady County, Unincorporated Areas	130096	October 20, 1994, Emerg; April 1, 1996, Reg; August 18, 2009, Susp	......do	Do.
Ideal, City of, Grady County	130520	February 1, 1995, Emerg; April 3, 1996, Reg; August 18, 2009, Susp
Jackson, City of, Butts County	130222	July 8, 1975, Emerg; September 29, 1986, Reg; August 18, 2009, Susp	......do	Do.
Jenkinsburg, Town of, Butts County	130525	January 3, 2001, Emerg; NA, Reg; August 18, 2009, Susp	......do	Do.
Macon County, Unincorporated Areas	130506	September 22, 1994, Emerg; April 3, 1996, Reg; August 18, 2009, Susp	......do	Do.
Marshallville, Town of, Macon County	130536	NA, Emerg; March 19, 1999, Reg; August 18, 2009, Susp	......do	Do.
Miller County, Unincorporated Areas	130134	November 29, 1994, Emerg; NA, Reg; August 18, 2009, Susp	......do	Do.
Montezuma, City of, Macon County	130136	February 21, 1975, Emerg; August 1, 1986, Reg; August 18, 2009, Susp	......do	Do.
Newton, City of, Baker County	130004	May 29, 1975, Emerg; September 1, 1986, Reg; August 18, 2009, Susp	......do	Do.
Oglethorpe, City of, Macon County	130133	February 22, 1975, Emerg; September 29, 1986, Reg; August 18, 2009, Susp	......do	Do.
Unified Government of, Webster County	135268	February 27, 2006, Emerg; NA, Reg; August 18, 2009, Susp	......do	Do.
North Carolina:
Mount Airy, City of, Surry County	370226	May 28, 1975, Emerg; December 1, 1981, Reg; August 18, 2009, Susp	......do	Do.
Surry County, Unincorporated Areas	370364	November 9, 1979, Emerg; December 1, 1981, Reg; August 18, 2009, Susp	......do	Do.
Region V
Illinois:
Bluffs, Village of, Scott County	170608	April 28, 1983, Emerg; April 28, 1983, Reg; August 18, 2009, Susp	......do	Do.
Meredosia, Village of, Morgan County	170517	March 13, 1974, Emerg; April 15, 1982, Reg; August 18, 2009, Susp	......do	Do.
Morgan County, Unincorporated Areas	170903	April 4, 1979, Emerg; January 17, 1986, Reg; August 18, 2009, Susp	......do	Do.
Ohio:
Ashland County, Unincorporated Areas	390759	April 20, 1982, Emerg; January 1, 1988, Reg; August 18, 2009, Susp	......do	Do.
Creston, Village of, Wayne County	390575	NA, Emerg; October 17, 1994, Reg; August 18, 2009, Susp	......do	Do.
Perrysville, Village of, Ashland County	390730	April 6, 1976, Emerg; August 1, 1987, Reg; August 18, 2009, Susp	......do	Do.
Streetsboro, City of, Portage County	390797	April 16, 1976, Emerg; December 18, 1984, Reg; August 18, 2009, Susp	......do	Do.
Windham, Village of, Portage County	390459	October 14, 1976, Emerg; December 14, 1979, Reg; August 18, 2009, Susp	......do	Do.
Wisconsin:
Bellevue, Village of, Brown County	550627	NA, Emerg; February 9, 2005, Reg; August 18, 2009, Susp	......do	Do.
Brown County, Unincorporated Areas	550020	March 10, 1972, Emerg; April 17, 1978, Reg; August 18, 2009, Susp	......do	Do.
De Pere, City of, Brown County	550021	June 12, 1975, Emerg; July 2, 1981, Reg; August 18, 2009, Susp	......do	Do.
Green Bay, City of, Brown County	550022	August 30, 1974, Emerg; September 30, 1977, Reg; August 18, 2009, Susp	......do	Do.
Pulaski, Village of, Brown County	550024	February 27, 1976, Emerg; August 3, 1981, Reg; August 18, 2009, Susp	......do	Do.
Region VII
Kansas:
Basehor, City of, Leavenworth County	200187	August 6, 1975, Emerg; December 7, 1984, Reg; August 18, 2009, Susp	......do	Do.
Leavenworth, City of, Leavenworth County	200190	May 1, 1973, Emerg; January 5, 1978, Reg; August 18, 2009, Susp	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 11, 2009.

Deborah Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate.