Skip to Content

Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

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

Start Preamble

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.

Start Further Info

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, (202) 646-2953.

End Further Info End Preamble Start Supplemental Information

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.

Previously, 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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

End List of Subjects Start Amendment Part

Accordingly,

End Amendment Part Start Part

PART 64—[AMENDED]

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
Start Printed Page 64555
[Amended]
Start Amendment Part

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

End Amendment Part
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 IV
Alabama: Grove Hill, Town of, Clarke County010039June 3, 1976, Emerg; September 4, 1985, Reg; October 16, 2008, SuspOct. 16, 2008Oct. 16, 2008.
Mississippi:
George County, Unincorporated Areas280223May 2, 1975, Emerg; August 16, 1988, Reg; October 16, 2008, Susp......*do  Do.
Lucedale, City of, George County280056April 24, 1975, Emerg; April 15, 1986, Reg; October 16, 2008, Susp......do  Do.
Tunica County, Unincorporated Areas280236September 5, 1974, Emerg; July 3, 1990, Reg; October 16, 2008, Susp......do  Do.
Tunica, Town of, Tunica County280196January 28, 1974, Emerg; January 5, 1978, Reg; October 16, 2008, Susp......do  Do.
Kentucky:
Lee County, Unincorporated Areas210135July 9, 1975, Emerg; September 27, 1985, Reg; October 16, 2008, Susp......do  Do.
Beattyville, City of, Lee County210136September 17, 1973, Emerg; July 3, 1978, Reg; October 16, 2008, Susp......do  Do.
Tennessee:
Dyer County, Unincorporated Areas470284February 18, 1975, Emerg; March 1, 1982, Reg; October 16, 2008, Susp......do  Do.
Dyersburg, City of, Dyer County470047May 2, 1975, Emerg; March 1, 1982, Reg; October 16, 2008, Susp......do  Do.
Trimble, Town of, Dyer County470223May 30, 1986, Emerg; June 4, 1987, Reg; October 16, 2008, Susp......do  Do.
Lavergne, City of, Rutherford County470167September 8, 1975, Emerg; June 15, 1984, Reg; October 16, 2008, Susp......do  Do.
Rutherford County, Unincorporated Areas470165January 30, 1975, Emerg; June 15, 1984, Reg; October 16, 2008, Susp......do  Do.
Smyrna, Town of, Rutherford County470169November 7, 1974, Emerg; March 16, 1983, Reg; October 16, 2008, Susp......do  Do.
North Carolina:
Bald Head Island, Village of, Brunswick County370442February 26, 1986, Emerg; May 15, 1986, Reg; October 16, 2008, Susp......do  Do.
Chowan County, Unincorporated Areas370301August 25, 1977, Emerg; July 3, 1985, Reg; October 16, 2008, Susp......do  Do.
Edenton, Town of, Chowan County370062November 14, 1973, Emerg; September 15, 1977, Reg; October 16, 2008, Susp......do  Do.
Indian Trail, Town of, Union County370235June 14, 1976, Emerg; March 21, 1980, Reg; October 16, 2008, Susp......do  Do.
Lake Park, Village of, Union County370520August 17, 1999, Emerg; August 17, 1999, Reg; October 16, 2008, Susp......do  Do.
Martin County, Unincorporated Areas370155December 18, 1975, Emerg; July 16, 1991, Reg; October 16, 2008, Susp......do  Do.
Marvin, Village of, Union County370514December 28, 1998, Emerg; December 28, 1998, Reg; October 16, 2008, Susp......do  Do.
Mineral Springs, Town of, Union County370529May 17, 2000, Emerg; May 17, 2000, Reg; October 16, 2008, Susp......do  Do.
Monroe, City of, Union County370236April 21, 1975, Emerg; January 19, 1983, Reg; October 16, 2008, Susp......do  Do.
Stallings, Town of, Union County370472April 5, 1994, Emerg; April 5, 1994, Reg; October 16, 2008, Susp......do  Do.
Union County, Unincorporated Areas370234August 9, 1974, Emerg; July 18, 1983, Reg; October 16, 2008, Susp......do  Do.
Waxhaw, Town of, Union County370473December 28, 1998, Emerg; December 28, 1998, Reg; October 16, 2008, Susp......do  Do.
Weddington, Town of, Union County370518May 3, 1999, Emerg; May 3, 1999, Reg; October 16, 2008, Susp......do  Do.
Wesley Chapel, Village of, Union County370525March 12, 2000, Emerg; March 12, 2000, Reg; October 16, 2008, Susp......do  Do.
Williamston, Town of, Martin County370157October 2, 1974, Emerg; August 19, 1987, Reg; October 16, 2008, Susp......do  Do.
Wingate, Town of, Union County370365February 12, 1982, Emerg; February 12, 1982, Reg; October 16, 2008, Susp......do  Do.
*do = Ditto.
Code for reading third column: Emerg—Emergency; Reg—Regular; Susp—Suspension.
Start Signature
Start Printed Page 64556

Dated: October 17, 2008.

Edward L. Connor,

Acting Federal Insurance Administrator, National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Supplemental Information

[FR Doc. E8-25879 Filed 10-29-08; 8:45 am]

BILLING CODE 9110-12-P