E9-28318. 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 IV
North Carolina:
Blowing Rock, Town of, Watauga County	370252	July 8, 1975, Emerg; June 1, 1978, Reg; December 3, 2009, Susp.	Dec. 3, 2009	Dec. 3, 2009.
Boone, Town of, Watauga County	370253	August 22, 1974, Emerg; September 28, 1979, Reg; December 3, 2009, Susp.	......do	Do.
Region V
Illinois:
Brookport, City of, Massac County	170468	May 23, 1997, Emerg; N/A, Reg; December 3, 2009, Susp.	......do	Do.
Massac County, Unincorporated Areas	170467	July 25, 1975, Emerg; July 5, 1983, Reg; December 3, 2009, Susp.	......do	Do.
Michigan:
Almena, Township of, Van Buren County	260528	May 11, 1976, Emerg; February 11, 1983, Reg; December 3, 2009, Susp.	......do	Do.
Arlington, Township of, Van Buren County	260705	June 2, 1977, Emerg; July 18, 1985, Reg; December 3, 2009, Susp.	......do	Do.
Bangor, City of, Van Buren County	260529	October 27, 1976, Emerg; May 4, 1989, Reg; December 3, 2009, Susp.	......do	Do.
Covert, Township of, Van Buren County	260259	April 12, 1974, Emerg; April 3, 1978, Reg; December 3, 2009, Susp.	......do	Do.
Geneva, Township of, Van Buren County	261142	January 15, 2009, Emerg; N/A, Reg; December 3, 2009, Susp.	......do	Do.
Paw Paw, Village of, Van Buren County	260598	April 21, 1977, Emerg; January 5, 1979, Reg; December 3, 2009, Susp.	......do	Do.
South Haven, City of, Van Buren County	260211	May 16, 1974, Emerg; March 4, 1980, Reg; December 3, 2009, Susp.	......do	Do.
South Haven, Township of, Van Buren County	260212	April 22, 1975, Emerg; May 15, 1980, Reg; December 3, 2009, Susp.	......do	Do.
Waverly, Township of, Van Buren County	260678	August 29, 1994, Emerg; N/A, Reg; December 3, 2009, Susp.	......do	Do.
Wisconsin: Barron, City of, Barron County	550010	July 24, 1975, Emerg; September 29, 1989, Reg; December 3, 2009, Susp.	......do	Do.
Chetek, City of, Barron County	550012	November 8, 1974, Emerg; June 3, 1986, Reg; December 3, 2009, Susp.	......do	Do.
Prairie Farm, Village of, Barron County	550015	July 25, 1975, Emerg; May 15, 1986, Reg; December 3, 2009, Susp.	......do	Do.
Rice Lake, City of, Barron County	550016	July 10, 1975, Emerg; April 1, 1982, Reg; December 3, 2009, Susp.	......do	Do.
Region VI
Louisiana:
Bogalusa, City of, Washington County	220232	April 11, 1977, Emerg; May 4, 1988, Reg; December 3, 2009, Susp.	......do	Do.
Washington Parish, Unincorporated Areas	220230	September 23, 1977, Emerg; May 4, 1988, Reg; December 3, 2009, Susp.	......do	Do.
Oklahoma:
Cherokee County, Unincorporated Areas	400488	January 9, 1987, Emerg; March 18, 1991, Reg; December 3, 2009, Susp.	......do	Do.
Fort Gibson, Town of, Cherokee County	400123	July 8, 1977, Emerg; July 16, 1980, Reg; December 3, 2009, Susp.	......do	Do.
Tahlequah, City of, Cherokee County	400037	May 13, 1975, Emerg; November 1, 1979, Reg; December 3, 2009, Susp.	......do	Do.
Region IX
California:
Brea, City of, Orange County	060214	August 28, 1974, Emerg; December 2, 1980, Reg; December 3, 2009, Susp.	......do	Do.
Cypress, City of, Orange County	060217	February 26, 1975, Emerg; February 12, 1979, Reg; December 3, 2009, Susp.	......do	Do.
Fullerton, City of, Orange County	060219	October 1, 1971, Emerg; July 5, 1977, Reg; December 3, 2009, Susp.	......do	Do.
Huntington Beach, City of, Orange County	065034	April 16, 1971, Emerg; February 16, 1983, Reg; December 3, 2009, Susp.	......do	Do.
Laguna Hills, City of, Orange County	060760	N/A, Emerg; October 31, 1997, Reg; December 3, 2009, Susp.	......do	Do.
Newport Beach, City of, Orange County	060227	May 12, 1972, Emerg; September 1, 1978, Reg; December 3, 2009, Susp.	......do	Do.
Orange County, Unincorporated Areas	060212	April 30, 1971, Emerg; September 14, 1979, Reg; December 3, 2009, Susp.	......do	Do.
Stanton, City of, Orange County	060234	October 15, 1974, Emerg; March 16, 1979, Reg; December 3, 2009, Susp.	......do	Do.
Region X
Oregon:
Cave Junction, City of, Josephine County	410107	May 13, 1975, Emerg; June 10, 1980, Reg; December 3, 2009, Susp.	......do	Do.
Grants Pass, City of, Josephine County	410108	April 24, 1974, Emerg; April 15, 1981, Reg; December 3, 2009, Susp.	......do	Do.
Josephine County, Unincorporated Areas	415590	December 31, 1970, Emerg; June 1, 1982, Reg; December 3, 2009, Susp.	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: November 17, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate.