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 Start Printed Page 45123suspension 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.

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.

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
[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 III
Virginia:
Frederick County, Unincorporated Areas510063November 5, 1973, Emerg; July 17, 1978, Reg; September 2, 2009, Susp.Sept. 2, 2009Sept. 2, 2009
Middletown, Town of, Frederick County510274February 24, 1975, Emerg; August 3, 1984, Reg; September 2, 2009, Susp.......do*  Do.
Norfolk, City of, Independent City County510104August 15, 1973, Emerg; August 1, 1979, Reg; September 2, 2009, Susp.......do  Do.
Start Printed Page 45124
Stephens City, Town of, Frederick County510064June 17, 1975, Emerg; September 10, 1984, Reg; September 2, 2009, Susp.......do  Do.
Winchester, City of, Independent City County510173September 6, 1974, Emerg; November 15, 1978, Reg; September 2, 2009, Susp.......do  Do.
West Virginia:
Bayard, Town of, Grant County540240October 3, 1975, Emerg; August 10, 1979, Reg; September 2, 2009, Susp.......do  Do.
Hardy County, Unincorporated Areas540051May 16, 1978, Emerg; June 19, 1985, Reg; September 2, 2009, Susp.......do  Do.
Moorefield, Town of, Hardy County540052May 12, 1975, Emerg; July 1, 1987, Reg; September 2, 2009, Susp.......do  Do.
Petersburg, Town of, Grant County540039April 18, 1975, Emerg; June 18, 1987, Reg; September 2, 2009, Susp.......do  Do.
Wardensville, Town of, Hardy County540245April 17, 1975, Emerg; August 1, 1987, Reg; September 2, 2009, Susp.......do  Do.
Region IV
Georgia:
Arlington, City of, Calhoun, Early County130026November 3, 1975, Emerg; June 3, 1986, Reg; September 2, 2009, Susp.......do  Do.
Brooks County, Unincorporated Areas130281May 3, 1982, Emerg; May 3, 1982, Reg; September 2, 2009, Susp.......do  Do.
Calhoun County, Unincorporated Areas130571August 10, 1999, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Dawson, City of, Terrell County130509September 27, 1994, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Early County, Unincorporated Areas130499February 28, 1991, Emerg; August 2, 1995, Reg; September 2, 2009, Susp.......do  Do.
Edison, City of, Calhoun County130085September 14, 2007, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Lee County, Unincorporated Areas130122May 1, 1975, Emerg; May 15, 1991, Reg; September 2, 2009, Susp.......do  Do.
Leesburg, City of, Lee County130348March 3, 1976, Emerg; June 17, 1986, Reg; September 2, 2009, Susp.......do  Do.
North High Shoals, Town of, Oconee County130368October 28, 1983, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.......do  Do.
Oconee County, Unincorporated Areas130453October 16, 1975, Emerg; July 17, 1989, Reg; September 2, 2009, Susp.......do  Do.
Quitman, City of, Brooks County130015December 26, 1973, Emerg; April 1, 1982, Reg; September 2, 2009, Susp.......do  Do.
Reynolds, Town of, Taylor County130527NA, Emerg; June 19, 2003, Reg; September 2, 2009, Susp.......do  Do.
Smithville, City of, Lee County130349January 18, 1983, Emerg; June 4, 1987, Reg; September 2, 2009, Susp.......do  Do.
Taylor County, Unincorporated Areas130522NA, Emerg; February 13, 1997, Reg; September 2, 2009, Susp.......do  Do.
Terrell County, Unincorporated Areas130400February 13, 1997, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Watkinsville, City of, Oconee County130369March 18, 1976, Emerg; August 19, 1986, Reg; September 2, 2009, Susp.......do  Do.
Kentucky:
McCreary County, Unincorporated Areas210343November 19, 1996, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Monticello, City of, Wayne County210221July 2, 1975, Emerg; September 18, 1985, Reg; September 2, 2009, Susp.......do  Do.
Morganfield, City of, Union County210216July 23, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.......do  Do.
Shelby County, Unincorporated Areas210209August 23, 1996, Emerg; September 1, 2001, Reg; September 2, 2009, Susp.......do  Do.
Shelbyville, City of, Shelby County210376June 9, 1997, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Sturgis, City of, Union County210217April 8, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.......do  Do.
Union County, Unincorporated Areas210301December 21, 2005, Emerg; NA, Reg; September 2, 2009, Susp.......do  Do.
Uniontown, Town of, Union County210218May 23, 1997, Emerg; April 1, 1998, Reg; September 2, 2009, Susp.......do  Do.
North Carolina:
Alleghany County, Unincorporated Areas370004December 23, 2002, Emerg; February 1, 2004, Reg; September 2, 2009, Susp.......do  Do.
Start Printed Page 45125
Sparta, Town of, Alleghany County370005April 27, 1977, Emerg; July 3, 1986, Reg; September 2, 2009, Susp.......do  Do.
Region VI
Texas:
Bulverde, City of, Comal County481681NA, Emerg; March 24, 1998, Reg; September 2, 2009, Susp.......do  Do.
Comal County, Unincorporated Areas485463March 5, 1971, Emerg; November 9, 1973, Reg; September 2, 2009, Susp.......do  Do.
New Braunfels, City of, Comal County485493December 4, 1970, Emerg; December 1, 1972, Reg; September 2, 2009, Susp.......do  Do.
Region VII
Kansas:
Great Bend, City of, Barton County200019February 24, 1977, Emerg; May 16, 1983, Reg; September 2, 2009, Susp.......do  Do.
Hoisington, City of, Barton County200020February 21, 1975, Emerg; February 5, 1986, Reg; September 2, 2009, Susp.......do  Do.
Pawnee Rock, City of, Barton County200021May 10, 1976, Emerg; January 14, 1977, Reg; September 2, 2009, Susp.......do  Do.
Region VIII
North Dakota:
Bottineau, City of, Bottineau County380007July 1, 1974, Emerg; September 28, 1979, Reg; September 2, 2009, Susp.......do  Do.
Haram, Township of, Bottineau County380673May 16, 1983, Emerg; January 2, 1987, Reg; September 2, 2009, Susp.......do  Do.
Lansford, City of, Bottineau County380184February 5, 1979, Emerg; August 12, 1980, Reg; September 2, 2009, Susp.......do  Do.
Lansford, Township of, Bottineau County380675June 1, 1983, Emerg; August 19, 1987, Reg; September 2, 2009, Susp.......do  Do.
Newborg, Township of, Bottineau County380668April 5, 1983, Emerg; January 16, 1987, Reg; September 2, 2009, Susp.......do  Do.
Souris, City of, Bottineau County380010August 12, 1977, Emerg; March 18, 1986, Reg; September 2, 2009, Susp.......do  Do.
Willow City, City of, Bottineau County380011May 27, 1976, Emerg; September 28, 1979, Reg; September 2, 2009, Susp.......do  Do.
South Dakota:
Baltic, Town of, Minnehaha County460058January 17, 1980, Emerg; November 19, 1980, Reg; September 2, 2009, Susp.......do  Do.
Brandon, City of, Minnehaha County460296February 9, 1977, Emerg; July 10, 1979, Reg; September 2, 2009, Susp.......do  Do.
Dell Rapids, City of, Minnehaha County460059December 17, 1974, Emerg; August 15, 1980, Reg; September 2, 2009, Susp.......do  Do.
Hanson County, Unincorporated Areas460270February 26, 1997, Emerg; July 1, 1998, Reg; September 2, 2009, Susp.......do  Do.
Hutchinson County, Unincorporated Areas460041June 27, 1986, Emerg; April 1, 1987, Reg; September 2, 2009, Susp.......do  Do.
Lake County, Unincorporated Areas460276March 20, 1979, Emerg; August 5, 1986, Reg; September 2, 2009, Susp.......do  Do.
Madison, City of, Lake County460044May 15, 1975, Emerg; July 5, 1982, Reg; September 2, 2009, Susp.......do  Do.
Menno, City of, Hutchinson County460199July 28, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp.......do  Do.
Minnehaha County, Unincorporated Areas460057November 11, 1974, Emerg; September 5, 1979, Reg; September 2, 2009, Susp.......do  Do.
Parkston, City of, Hutchinson County460042June 27, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp.......do  Do.
Sioux Falls, City of, Minnehaha County460060April 12, 1974, Emerg; January 17, 1979, Reg; September 2, 2009, Susp.......do  Do.
Valley Springs, City of, Minnehaha County460221April 3, 1978, Emerg; July 16, 1980, Reg; September 2, 2009, Susp.......do  Do.
*......do = Ditto.
Start Printed Page 45126

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Start Signature

Dated: August 24, 2009.

Deborah Ingram,

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

End Signature End Supplemental Information

[FR Doc. E9-21024 Filed 8-31-09; 8:45 am]

BILLING CODE 9110-12-P