[Federal Register Volume 72, Number 234 (Thursday, December 6, 2007)]
[Rules and Regulations]
[Pages 68750-68752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23716]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8001]


Suspension of Community Eligibility

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.

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

[[Page 68751]]

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.

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:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
            Region V
 
Indiana:
    Cumberland, Town of,               180510  March 10, 1993,    Dec. 4, 2007..........  Dec. 4, 2007.
     Hancock County.                            Emerg; March 10,
                                                1993, Reg;
                                                December 4,
                                                2007, Susp.
    Greenfield, City of,               180084  July 25, 1975,     ......do..............   Do.
     Hancock County.                            Emerg; November
                                                4, 1981, Reg;
                                                December 4,
                                                2007, Susp.
    Hancock County,                    180419  April 21, 1975,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; October
                                                15, 1982, Reg;
                                                December 4,
                                                2007, Susp.
    McCordsville, Town of,             180468  March 18, 2005,    ......do..............   Do.
     Hancock County.                            Emerg; March 18,
                                                2005, Reg;
                                                December 4,
                                                2007, Susp.
    Spring Lake, Town of,              180346  September 3,       ......do..............   Do.
     Hancock County.                            1985, Emerg;
                                                September 3,
                                                1985, Reg;
                                                December 4,
                                                2007, Susp.
Wisconsin:
    Belgium, Village of,               550311  June 30, 1999,     ......do..............   Do.
     Ozaukee County.                            Emerg; June 30,
                                                1999, Reg;
                                                December 4,
                                                2007, Susp.
    Fredonia, Village of,              550313  February 7, 1975,  ......do..............   Do.
     Ozaukee County.                            Emerg; January
                                                2, 1981, Reg;
                                                December 4,
                                                2007, Susp.
    Grafton, Village of,               550314  April 30, 1975,    ......do..............   Do.
     Ozaukee County.                            Emerg; May 15,
                                                1980, Reg;
                                                December 4,
                                                2007, Susp.
    Ozaukee County,                    550310  May 14, 1971,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 16,
                                                1977, Reg;
                                                December 4,
                                                2007, Susp.

[[Page 68752]]

 
    Port Washington, City of,          550316  June 30, 1975,     ......do..............   Do.
     Ozaukee County.                            Emerg; October
                                                15, 1981, Reg;
                                                December 4,
                                                2007, Susp.
    Saukville, Village of,             550317  April 18, 1974,    ......do..............   Do.
     Ozaukee County.                            Emerg; December
                                                16, 1980, Reg;
                                                December 4,
                                                2007, Susp.
    Thiensville, Village of,           550318  March 26, 1974,    ......do..............   Do.
     Ozaukee County.                            Emerg; August 1,
                                                1978, Reg;
                                                December 4,
                                                2007, Susp.
           Region VII
 
Iowa:
    Dallas County,                     190860  December 14,       ......do..............   Do.
     Unincorporated Areas.                      1992, Emerg; May
                                                1, 1994, Reg;
                                                December 4,
                                                2007, Susp.
    De Soto, City of, Dallas           190359  September 1,       ......do..............   Do.
     County.                                    1979, Emerg;
                                                September 27,
                                                1985, Reg;
                                                December 4,
                                                2007, Susp.
    Jasper County,                     190880  February 23,       ......do..............   Do.
     Unincorporated Areas.                      1983, Emerg;
                                                January 1, 1987,
                                                Reg; December 4,
                                                2007, Susp.
    Kellogg, City of, Jasper           190164  June 3, 1977,      ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1987, Reg;
                                                December 4,
                                                2007, Susp.
    Reasnor, City of, Jasper           190167  May 24, 1993,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1996, Reg;
                                                December 4,
                                                2007, Susp.
          Region VIII
 
Colorado:
    Avon, Town of, Eagle County        080308  May 22, 1985,      ......do..............   Do.
                                                Emerg; August
                                                19, 1987, Reg;
                                                December 4,
                                                2007, Susp.
    Basalt, Town of, Eagle             080052  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg;
                                                December 4,
                                                2007, Susp.
    Eagle, Town of, Eagle              080238  August 20, 1976,   ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg;
                                                December 4,
                                                2007, Susp.
    Eagle County,                      080051  May 7, 1976,       ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                19, 1980, Reg;
                                                December 4,
                                                2007, Susp.
    Gypsum, Town of, Eagle             080295  July 7, 1980,      ......do..............   Do.
     County.                                    Emerg; September
                                                16, 1981, Reg;
                                                December 4,
                                                2007, Susp.
    Minturn, Town of, Eagle            080053  September 26,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 17,
                                                1980, Reg;
                                                December 4,
                                                2007, Susp.
    Red Cliff, Town of, Eagle          080260  April 18, 1985,    ......do..............   Do.
     County.                                    Emerg; April 18,
                                                1985, Reg;
                                                December 4,
                                                2007, Susp.
    Vail, Town of, Eagle County        080054  August 13, 1976,   ......do..............   Do.
                                                Emerg; May 2,
                                                1983, Reg;
                                                December 4,
                                                2007, Susp.
    Utah: Eureka, City of, Juab        490079  May 22, 1985,      ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1987, Reg;
                                                December 4,
                                                2007, Susp.
    Nephi, City of, Juab County        490229  May 29, 1975,      ......do..............   Do.
                                                Emerg; August 5,
                                                1986, Reg;
                                                December 4,
                                                2007, Susp.
           Region IX
 
Arizona:
    Casa Grande, City of, Pinal        040080  May 5, 1972,       ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1977, Reg;
                                                December 4,
                                                2007, Susp.
    Coolidge, City of, Pinal           040082  February 5, 1975,  ......do..............   Do.
     County.                                    Emerg; June 10,
                                                1980, Reg;
                                                December 4,
                                                2007, Susp.
    Queen Creek, Town of, Pinal        040132  July 22, 1992,     ......do..............   Do.
     County.                                    Emerg; July 22,
                                                1992, Reg;
                                                December 4,
                                                2007, Susp.
    Queen Creek, Town of, Pinal        040132  July 22, 1992,     ......do..............   Do.
     County.                                    Emerg; July 22,
                                                1992, Reg;
                                                December 4,
                                                2007, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: November 26, 2007.
David I. Maurstad,
Assistant Administrator, Mitigation, Department of Homeland Security, 
Federal Emergency Management Agency.
 [FR Doc. E7-23716 Filed 12-5-07; 8:45 am]
BILLING CODE 9110-12-P