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Rule

Suspension of Community Eligibility

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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.

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.

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, Start Printed Page 17927communities 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.

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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 III
Virginia: Bland County, Unincorporated Areas510017July 29, 1975, Emerg; January 5, 1989, Reg; April 02, 2008, SuspApr. 2, 2008Apr. 2, 2008.
Region IV
Kentucky:
Breathitt County, Unincorporated Areas210023April 20, 1977, Emerg; September 27, 1985, Reg; April 02, 2008, Susp......do*  Do.
Jackson, City of, Breathitt County210024July 21, 1975, Emerg; September 27, 1985, Reg; April 02, 2008, Susp......do  Do.
Region V
Wisconsin:
Bangor, Village of, La Crosse County550218January 20, 1975, Emerg; January 2, 1981, Reg; April 02, 2008, Susp......do  Do.
Cambria, Village of, Columbia County550057June 11, 1975, Emerg; September 18, 1985, Reg; April 02, 2008, Susp......do  Do.
Columbia County, Unincorporated Areas550581July 31, 1975, Emerg; April 15, 1980, Reg; April 02, 2008, Susp......do  Do.
Columbus, City of, Columbia County550058October 7, 1974, Emerg; December 1, 1981, Reg; April 02, 2008, Susp......do  Do.
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Doylestown, Village of, Columbia County550059April 30, 1976, Emerg; September 18, 1985, Reg; April 02, 2008, Susp......do  Do.
Fall River, Village of, Columbia County550060April 17, 1975, Emerg; September 4, 1985, Reg; April 02, 2008, Susp......do  Do.
Holmen, Village of, La Crosse County550219June 27, 1975, Emerg; April 20, 1979, Reg; April 02, 2008, Susp......do  Do.
La Crosse, City of, La Crosse County555562December 4, 1970, Emerg; January 15, 1971, Reg; April 02, 2008, Susp......do  Do.
La Crosse County, Unincorporated Areas550217March 26, 1971, Emerg; March 15, 1984, Reg; April 02, 2008, Susp......do  Do.
Lodi, City of, Columbia County550061June 13, 1974, Emerg; November 15, 1984, Reg; April 02, 2008, Susp......do  Do.
Onalaska, City of, La Crosse County550221July 3, 1975, Emerg; September 16, 1981, Reg; April 02, 2008, Susp......do  Do.
Pardeeville, Village of, Columbia County550062August 19, 1976, Emerg; August 15, 1983, Reg; April 02, 2008, Susp......do  Do.
Portage, City of, Columbia County550063June 11, 1974, Emerg; August 15, 1983, Reg; April 02, 2008, Susp......do  Do.
Poynette, Village of, Columbia County550064July 29, 1975, Emerg; September 18, 1985, Reg; April 02, 2008, Susp......do  Do.
West Salem, Village of, La Crosse County550560April 17, 1986, Emerg; April 17, 1986, Reg; April 02, 2008, Susp......do  Do.
Wisconsin Dells, City of, Columbia County550065July 17, 1975, Emerg; December 18, 1984, Reg; April 02, 2008, Susp......do  Do.
Wyocena, Village of, Columbia County550066May 22, 1975, Emerg; January 18, 1984, Reg; April 02, 2008, Susp......do  Do.
Region VI
Oklahoma:
Avant, Town of, Osage County400147July 7, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp......do  Do.
Barnsdall, City of, Osage County400148July 3, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp......do  Do.
Bartlesville, City of, Osage County400220October 18, 1973, Emerg; July 16, 1980, Reg; April 02, 2008, Susp......do  Do.
Hominy, City of, Osage County400151April 16, 1976, Emerg; November 19, 1980, Reg; April 02, 2008, Susp......do  Do.
Pawhuska, City of, Osage County400152May 6, 1975, Emerg; July 16, 1980, Reg; April 02, 2008, Susp......do  Do.
Ponca City, City of, Osage County400080March 6, 1974, Emerg; July 2, 1980, Reg; April 02, 2008, Susp......do  Do.
Sand Springs, City of, Osage County400211August 5, 1974, Emerg; June 15, 1981, Reg; April 02, 2008, Susp......do  Do.
Shidler, City of, Osage County400410April 11, 1977, Emerg; July 3, 1985, Reg; April 02, 2008, Susp......do  Do.
Tulsa, City of, Osage County405381November 20, 1970, Emerg; August 13, 1971, Reg; April 02, 2008, Susp......do  Do.
Texas:
El Cenizo, City of, Webb County480070______ , Emerg; June 21, 2007, Reg; April 02, 2008, Susp......do  Do.
Laredo, City of, Webb County480651August 7, 1975, Emerg; May 17, 1982, Reg; April 02, 2008, Susp......do  Do.
Rio Bravo, City of, Webb County481684______ , Emerg; September 15, 1998, Reg; April 02, 2008, Susp......do  Do.
Webb County, Unincorporated Areas481059______ , Emerg; September 8, 1998, Reg; April 02, 2008, Susp......do  Do.
Region VII
Nebraska:
Curtis, City of, Frontier County310086September 11, 2006, Emerg;______, Reg; April 02, 2008, Susp......do  Do.
Eustis, Village of, Frontier County310276October 24, 1988, Emerg; March 1, 1990, Reg; April 02, 2008, Susp......do  Do.
Maywood, Village of, Frontier County310085January 4, 2005, Emerg;______, Reg; April 02, 2008, Susp......do  Do.
Region VIII
South Dakota:
Canton, City of, Lincoln County460047May 1, 1975, Emerg; September 4, 1985, Reg; April 02, 2008, Susp......do  Do.
Harrisburg, Town of, Lincoln County460114May 7, 1997, Emerg; June 8, 1998, Reg; April 02, 2008, Susp......do  Do.
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Hudson, Town of, Lincoln County460049September 3, 1975, Emerg; December 18, 1985, Reg; April 02, 2008, Susp......do  Do.
Lennox, City of, Lincoln County460192February 20, 1997, Emerg; June 8, 1998, Reg; April 02, 2008, Susp......do  Do.
Lincoln County, Unincorporated Areas460277September 27, 1985, Emerg; October 1, 1986, Reg; April 02, 2008, Susp......do  Do.
Tea, City of, Lincoln County460143March 7, 1997, Emerg; April 25, 1997, Reg; April 02, 2008, Susp......do  Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: March 7, 2008.

David I. Maurstad,

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

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[FR Doc. E8-6777 Filed 4-1-08; 8:45 am]

BILLING CODE 9110-12-P