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Suspension of Community Eligibility

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Federal Emergency Management Agency, DHS.


Final rule.


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.


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

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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 Start Printed Page 24179information 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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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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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
Rural Retreat, Town of, Wythe County510212May 8, 2007, Emerg; May 8, 2007, Reg; May 02, 2008, SuspMay 2, 2008May 2, 2008.
Wytheville, Town of, Wythe County510181November 29, 1973, Emerg; April 3, 1978, Reg; May 02, 2008,*  do.
Wythe County, Unincorporated Areas510180March 15, 1974, Emerg; February 1, 1979, Reg; May 02, 2008,  do.
Region IV
Kentucky: Elkhorn City, City of, Pike County210356September 1, 1979, Emerg; November 1, 1985, Reg; May 02, 2008,  do.
Region V
Carbondale, City of, Jackson County170298January 14, 1975, Emerg; November 1, 1979, Reg; May 02, 2008,  do.
Dowell, Village of, Jackson County170875April 20, 1979, Emerg; December 5, 1989, Reg; May 02, 2008,  do.
Elkville, Village of, Jackson County170876April 15, 1976, Emerg; December 18, 1984, Reg; May 02, 2008,  do.
Gorham, Village of, Jackson County170954August 2, 1993, Emerg;—,Reg; May 02, 2008,  do.
Jackson County, Unincorporated Areas170927August 4, 1993, Emerg;—, Reg; May 02, 2008,  do.
Makanda, Village of, Jackson County170301March 17, 1980, Emerg; March 15, 1982, Reg; May 02, 2008,  do.
Mill Creek, Village of, Union County170659September 6, 1974, Emerg; October 5, 1984, Reg; May 02, 2008,  do.
Murphysboro, City of, Jackson County170302April 11, 1975, Emerg; September 29, 1978, Reg; May 02, 2008,  do.
Union County, Unincorporated Areas170656May 1, 1974, Emerg; February 19, 1986, Reg; May 02, 2008,  do.
Vergennes, Village of, Jackson County.170973December 16, 2002, Emerg;—, Reg; May 02, 2008,  do.
Region VI
Baker, City of, East Baton Rouge Parish225193September 11, 1970, Emerg; September 11, 1970, Reg; May 02, 2008,  do.
Central, City of, East Baton Rouge Parish220060April 6, 2007, Emerg; April 6, 2007, Reg; May 02, 2008,  do.
East Baton Rouge Parish, Unincorporated Areas220058June 12, 1970, Emerg; July 2, 1979, Reg; May 02, 2008,  do.
Zachary, City of, East Baton Rouge Parish220061July 2, 1973, Emerg; September 15, 1977, Reg; May 02, 2008,  do.
* = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: April 28, 2008.

Michael K. Buckley,

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

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[FR Doc. E8-9691 Filed 5-1-08; 8:45 am]