[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Pages 54588-54591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18953]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7991]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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.

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

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

[[Page 54589]]

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.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date           assist- ance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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           Region III
 
Maryland:
    Brunswick, City of,                240028  August 16, 1974,   Sept. 19, 2007........  Sept. 19, 2007.
     Frederick County.                          Emerg; January
                                                7, 1977, Reg;
                                                September 19,
                                                2007, Susp.
    Emmitsburg, Town of,               240029  May 6, 1975,       ......do*.............   Do.
     Frederick County.                          Emerg; September
                                                17, 1980, Reg;
                                                September 19,
                                                2007, Susp.
    Frederick, City of,                240030  May 24, 1973,      ......do..............   Do.
     Frederick County.                          Emerg; June 15,
                                                1978, Reg;
                                                September 19,
                                                2007, Susp.
    Frederick County,                  240027  May 24, 1973,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 1,
                                                1978, Reg;
                                                September 19,
                                                2007, Susp.
    Middletown, Town of,               240162  December 21,       ......do..............   Do.
     Frederick County.                          1978, Emerg;
                                                October 23,
                                                1981, Reg;
                                                September 19,
                                                2007, Susp.
    Thurmont, Town of,                 240031  November 15,       ......do..............   Do.
     Frederick County.                          1974, Emerg;
                                                September 28,
                                                1979, Reg;
                                                September 19,
                                                2007, Susp.
    Walkersville, Town of,             240032  June 12, 1974,     ......do..............   Do.
     Frederick County.                          Emerg; September
                                                30, 1980, Reg;
                                                September 19,
                                                2007, Susp.
    Woodsboro, Town of,                240033  February 26,       ......do..............   Do.
     Frederick County.                          1975, Emerg;
                                                December 15,
                                                1978, Reg;
                                                September 19,
                                                2007, Susp.
Virginia:
    Amherst, Town of, Amherst          510193  February 7, 1974,  ......do..............   Do.
     County.                                    Emerg; November
                                                2, 1977, Reg;
                                                September 19,
                                                2007, Susp.
    Amherst County,                    510010  March 1, 1974,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 17,
                                                1978, Reg;
                                                September 19,
                                                2007, Susp.
    Fredericksburg, City of,           510065  November 5, 1973,  ......do..............   Do.
     Independent City.                          Emerg; July 2,
                                                1979, Reg;
                                                September 19,
                                                2007, Susp.
           Region IV
 
Georgia: Temple, City of,              130288  December 22,       ......do..............   Do.
 Carroll County.                                1986, Emerg;
                                                September 18,
                                                1987, Reg;
                                                September 19,
                                                2007, Susp.
North Carolina:
    Creswell, Town of,                 370443  January 24, 1975,  ......do..............   Do.
     Washington County.                         Emerg; August
                                                19, 1985, Reg;
                                                September 19,
                                                2007, Susp.
    Hamilton, Town of, Martin          370334  March 26, 1979,    ......do..............   Do.
     County.                                    Emerg; January
                                                1, 1987, Reg;
                                                September 19,
                                                2007, Susp.
    Martin County,                     370155  December 18,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                July 16, 1991,
                                                Reg; September
                                                19, 2007, Susp.

[[Page 54590]]

 
    Plymouth, Town of,                 370249  April 11, 1974,    ......do..............   Do.
     Washington County.                         Emerg; August
                                                19, 1985, Reg;
                                                September 19,
                                                2007, Susp.
    Robersonville, Town of,            370156  July 7, 1975,      ......do..............   Do.
     Martin County.                             Emerg; July 1,
                                                1987, Reg;
                                                September 19,
                                                2007, Susp.
    Roper, Town of, Washington         370421  June 9, 1978,      ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1985, Reg;
                                                September 19,
                                                2007, Susp.
    Washington County,                 370247  January 24, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; August
                                                19, 1985, Reg;
                                                September 19,
                                                2007, Susp.
    Williamston, Town of,              370157  October 2, 1974,   ......do..............   Do.
     Martin County.                             Emerg; August
                                                19, 1987, Reg;
                                                September 19,
                                                2007, Susp.
Tennessee: Petersburg, City of,        470106  March 24, 1975,    ......do..............   Do.
 Lincoln County.                                Emerg; September
                                                29, 1986, Reg;
                                                September 19,
                                                2007, Susp.
 
            Region V
 
Michigan:
    Burlington, Township of,           261010  December 22,       ......do..............   Do.
     Lapeer County.                             1997, Emerg,
                                                Reg; September
                                                19, 2007, Susp.
    Deerfield, Township of,            260434  August 7, 1995,    ......do..............   Do.
     Lapeer County.                             Emerg, Reg;
                                                September 19,
                                                2007, Susp.
    Elba, Township of, Lapeer          260776  May 6, 1997,       ......do..............   Do.
     County.                                    Emerg, Reg;
                                                September 19,
                                                2007, Susp.
    Goodland, Township of,             260988  May 6, 1997,       ......do..............   Do.
     Lapeer County.                             Emerg, Reg;
                                                September 19,
                                                2007, Susp.
    Hadley, Township of, Lapeer        261045  July 12, 2001,     ......do..............   Do.
     County.                                    Emerg, Reg;
                                                September 19,
                                                2007, Susp.
    Lapeer, City of, Lapeer            260112  November 25,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                June 15, 1979,
                                                Reg; September
                                                19, 2007, Susp.
    Lapeer, Township of, Lapeer        260435  April 26, 1982,    ......do..............   Do.
     County.                                    Emerg; February
                                                16, 1990, Reg;
                                                September 19,
                                                2007, Susp.
    Mayfield, Township of,             260436  March 10, 1982,    ......do..............   Do.
     Lapeer County.                             Emerg; February
                                                16, 1990, Reg;
                                                September 19,
                                                2007, Susp.
    North Branch, Village of,          260338  April 2, 1998,     ......do..............   Do.
     Lapeer County.                             Emerg, Reg;
                                                September 19,
                                                2007, Susp.
    Rich, Township of, Lapeer          261023  August 13, 1998,   ......do..............   Do.
     County.                                    Emerg, Reg;
                                                September 19,
                                                2007, Susp.
Ohio:
    Brice, Village of, Franklin        261023  August 13, 1998,   ......do..............   Do.
     County.                                    Emerg, Reg;
                                                September 19,
                                                2007, Susp.
    Columbus, City of,                 390170  May 21, 1971,      ......do..............   Do.
     Delaware, Fairfield and                    Emerg; July 5,
     Franklin Counties.                         1983, Reg;
                                                September 19,
                                                2007, Susp.
    Fairfield County,                  390158  March 21, 1977,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 17,
                                                1989, Reg;
                                                September 19,
                                                2007, Susp.
    Franklin County,                   390167  April 19, 1973,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 5,
                                                1983, Reg;
                                                September 19,
                                                2007, Susp.
          Region VIII
 
Colorado:
    Canon City, City of,               080068  May 28, 1974,      ......do..............   Do.
     Fremont County.                            Emerg; November
                                                3, 1982, Reg;
                                                September 19,
                                                2007, Susp.
    Fremont County,                    080067  June 25, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                September 19,
                                                2007, Susp.
Montana: Whitehall, City of,           300120  May 7, 1975,       ......do..............   Do.
 Jefferson County.                              Emerg; June 4,
                                                1987, Reg;
                                                September 19,
                                                2007, Susp.
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\*\-do- =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 54591]]

    Dated: September 14, 2007.
Michael K. Buckley,
Deputy Assistant Administrator, Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E7-18953 Filed 9-25-07; 8:45 am]
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