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Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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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.

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.

ADDRESSES:

If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office.

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FOR FURTHER INFORMATION CONTACT:

David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2953.

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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 Start Printed Page 44417Federal 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.

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List of Subjects in 44 CFR Part 64

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Accordingly,

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PART 64—[AMENDED]

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1. The authority citation for part 64 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 64.6 are amended as follows:

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State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent Effective map dateDate Certain Federal assistance no longer available in SFHAs
Region II
New York:
Auburn, City of, Cayuga County360102February 16, 1973, Emerg, March 2, 1981, Reg, August 2, 2007, SuspAug. 2, 2007Aug. 2, 2007.
Aurelius, Town of, Cayuga County360103April 17, 1974, Emerg, November 4, 1983, Reg, August 2, 2007, Susp......do *......  Do.
Aurora, Village of, Cayuga County360101January 17, 1975, Emerg, April 15, 1980, Reg, August 2, 2007, Susp......do......  Do.
Cayuga, Village of, Cayuga County360107July 23, 1973, Emerg, July 5, 1977, Reg, August 2, 2007, Susp......do......  Do.
Conquest, Town of, Cayuga County360108June 24, 1977, Emerg, April 4, 1983, Reg, August 2, 2007, Susp......do......  Do.
Fair Haven, Village of, Cayuga County360109April 20, 1973, Emerg, February 1, 1978, Reg, August 2, 2007, Susp......do......  Do.
Genoa, Town of, Cayuga County360111February 1, 1977, Emerg, November 4, 1983, Reg, August 2, 2007, Susp......do......  Do.
Ira, Town of, Cayuga County360112March 17, 1976, Emerg, February 6, 1984, Reg, August 2, 2007, Susp......do......  Do.
Ledyard, Town of, Cayuga County360113September 15, 1975, Emerg, February 6, 1984, Reg, August 2, 2007, Susp......do......  Do.
Locke, Town of, Cayuga County360114April 4, 1975, Emerg, November 4, 1983, Reg, August 2, 2007, Susp......do......  Do.
Mentz, Town of, Cayuga County360115April 18, 1973, Emerg, July 17, 1978, Reg, August 2, 2007, Susp......do......  Do.
Montezuma, Town of, Cayuga County360116August 8, 1975, Emerg, April 18, 1983, Reg, August 2, 2007, Susp......do......  Do.
Moravia, Town of, Cayuga County360117May 27, 1977, Emerg, June 19, 1985, Reg, August 2, 2007, Susp......do......  Do.
Niles, Town of, Cayuga County360119July 21, 1975, Emerg, February 6, 1984, Reg, August 2, 2007, Susp......do......  Do.
Owasco, Town of, Cayuga County360120April 2, 1976, Emerg, February 6, 1984, Reg, August 2, 2007, Susp......do......  Do.
Sennett, Town of, Cayuga County360124May 23, 1977, Emerg, June 22, 1979, Reg, August 2, 2007, Susp......do......  Do.
Summer Hill, Town of, Cayuga County360127July 24, 1975, Emerg, November 4, 1983, Reg, August 2, 2007, Susp......do......  Do.
Throop, Town of, Cayuga County360128August 21, 1975, Emerg, August 3, 1979, Reg, August 2, 2007, Susp......do......  Do.
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Victory, Town of, Cayuga County360131January 3, 1977, Emerg, February 6, 1984, Reg, August 2, 2007, Susp......do......  Do.
Region IV
Alabama:
Eldridge, City of, Walker County010382November 7, 2006, Emerg; Reg, August 2, 2007, Susp......do......  Do.
Tennessee:
Shelbyville, Town of, Bedford County470008February 8, 1974, Emerg, February 17, 1988, Reg, August 2, 2007, Susp......do......  Do.
Wartrace, Town of, Bedford County470009May 20, 1987, Emerg, September 1, 1987, Reg, August 2, 2007, Susp......do......  Do.
Region V
Illinois:
Breese, City of, Clinton County170046February 3, 1976, Emerg, February 2, 1984, Reg, August 2, 2007, Susp......do......  Do.
Carlyle, City of, Clinton County170047September 8, 1975, Emerg, September 4, 1985, Reg, August 2, 2007, Susp......do......  Do.
Centralia, City of, Clinton County170453July 2, 1975, Emerg, December 18, 1984, Reg, August 2, 2007, Susp......do......  Do.
Clark County, Unincorporated Areas170940September 23, 1985, Emerg, November 4, 1988, Reg, August 2, 2007, Susp......do......  Do.
Clinton County, Unincorporated Areas170044June 10, 1977, Emerg, May 1, 1987, Reg, August 2, 2007, Susp......do......  Do.
Divernon, Village of, Sangamon County170949October 25, 1983, Emerg, May 15, 1984, Reg, August 2, 2007, Susp......do......  Do.
Thayer, Village of, Sangamon County170804November 25, 1975, Emerg, May 3, 1982, Reg, August 2, 2007, Susp......do......  Do.
Indiana:
Bargersville, Town of, Johnson County180112July 6, 1976, Emerg, July 21, 1978, Reg, August 2, 2007, Susp......do......  Do.
Edinburgh, Town of, Johnson County180113February 13, 1975, Emerg, September 16, 1981, Reg, August 2, 2007, Susp......do......  Do.
Franklin, City of, Johnson County180114January 20, 1975, Emerg, April 1, 1981, Reg, August 2, 2007, Susp......do......  Do.
Greenwood, City of, Johnson County180115May 19, 1975, Emerg, May 17, 1982, Reg, August 2, 2007, Susp......do......  Do.
Johnson County, Unincorporated Areas180111July 24, 1975, Emerg, March 2, 1989, Reg, August 2, 2007, Susp......do......  Do.
New Whiteland, Town of, Johnson County180116September 30, 1975, Emerg, August 16, 1982, Reg, August 2, 2007, Susp......do......  Do.
Princes Lake, Town of, Johnson County180117March 17, 1975, Emerg, September 16, 1981, Reg, August 2, 2007, Susp......do......  Do.
*-do- =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: July 26, 2007.

David I. Maurstad,

Assistant Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E7-15425 Filed 8-7-07; 8:45 am]

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