[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Rules and Regulations]
[Pages 4697-4699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1396]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8009]


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

[[Page 4698]]

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:

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                                              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
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          Region III
 
Virginia:
    Bridgewater, Town of,            510134  Feb. 10, 1974,   February 6, 2008........  February 6, 2008.
     Rockingham County.                       Emerg; Dec.
                                              15, 1983, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Broadway, Town of,               510135  July 5, 1974,    ......do................   Do.
     Rockingham County.                       Emerg; June 5,
                                              1985, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Dayton, Town of,                 510136  Mar. 13, 1975,   ......do................   Do.
     Rockingham County.                       Emerg; Oct.
                                              15, 1985, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Elkton, Town of,                 510137  Jan. 20, 1975,   ......do................   Do.
     Rockingham County.                       Emerg; June
                                              15, 1978, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Fauquier County,                 510055  Mar. 18, 1975,   ......do................   Do.
     Unincorporated Areas.                    Emerg; Nov. 1,
                                              1979, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Harrisonburg, City of,           510076  Dec. 2, 1974,    ......do................   Do.
     Independent City.                        Emerg; Nov. 3,
                                              1989, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Mt. Crawford, Town of,           510224  July 18, 1975,   ......do................   Do.
     Rockingham County.                       Emerg; June 5,
                                              1985, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Powhatan County,                 510117  Feb. 5, 1975,    ......do................   Do.
     Unincorporated Areas.                    Emerg; Sept.
                                              15, 1978, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Remington, Town of,              510056  Dec. 13, 1974,   ......do................   Do.
     Fauquier County.                         Emerg; Mar.
                                              18, 1980, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Warrenton, Town of,              510057  Mar. 18, 1975,   ......do................   Do.
     Fauquier County.                         Emerg; Aug. 1,
                                              1979, Reg;
                                              Feb. 6, 2008,
                                              Susp.
West Virginia:
    Belle, Town of, Kanawha          540071  July 16, 1975,   ......do................   Do.
     County.                                  Emerg; Apr.
                                              15, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Cedar Grove, Town of,            540072  June 26, 1975,   ......do................   Do.
     Kanawha County.                          Emerg; June 1,
                                              1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Champmanville, Town of,          540092  Jan. 29, 1971,   ......do................   Do.
     Logan County.                            Emerg; Aug.
                                              27, 1971, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Charleston, City of,             540073  Mar. 24, 1975,   ......do................   Do.
     Kanawha County.                          Emerg; June
                                              15, 1983, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Chesapeake, Town of,             540074  May 22, 1975,    ......do................   Do.
     Kanawha County.                          Emerg; June 1,
                                              1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Clendenin, Town of,              540075  July 7, 1975,    ......do................   Do.
     Kanawha County.                          Emerg; July
                                              16, 1984, Reg;
                                              Feb. 6, 2008,
                                              Susp.

[[Page 4699]]

 
    Dunbar, City of, Kanawha         540076  Aug. 6, 1974,    ......do................   Do.
     County.                                  Emerg; June 1,
                                              1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    East Bank, Town of,              540077  May 29, 1975,    ......do................   Do.
     Kanawha County.                          Emerg; June 1,
                                              1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Glasgow, Town of, Kanawha        540078  June 9, 1975,    ......do................   Do.
     County.                                  Emerg; June
                                              15, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Handley, Town of, Kanawha        540279  Dec. 3, 1975,    ......do................   Do.
     County.                                  Emerg; July 5,
                                              1984, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Kanawha County,                  540070  Apr. 2, 1976,    ......do................   Do.
     Unincorporated Areas.                    Emerg; Mar.
                                              18, 1985, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Logan, City of, Logan            545535  Jan. 29, 1971,   ......do................   Do.
     County.                                  Emerg; July
                                              16, 1971, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Logan County,                    545536  Jan. 29, 1971,   ......do................   Do.
     Unincorporated Areas.                    Emerg; Apr. 7,
                                              1972, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Man, Town of, Logan              545537  Jan. 29, 1971,   ......do................   Do.
     County.                                  Emerg; Sept.
                                              10, 1971, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Marmet, Town of, Kanawha         540079  June 12, 1975,   ......do................   Do.
     County.                                  Emerg; Apr.
                                              15, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Mitchell Heights, Town           540095  Jan. 29, 1971,   ......do................   Do.
     of, Logan County.                        Emerg; Aug.
                                              13, 1971, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Nitro, City of, Kanawha          540081  Apr. 21, 1975,   ......do................   Do.
     County.                                  Emerg; Apr.
                                              15, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Pratt, Town of, Kanawha          540082  Apr. 18, 1975,   ......do................   Do.
     County.                                  Emerg; May 1,
                                              1984, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    South Charleston, City           540223  June 5, 1974,    ......do................   Do.
     of, Kanawha County.                      Emerg; June
                                              15, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Saint Albans, City of,           540083  July 16, 1975,   ......do................   Do.
     Kanawha County.                          Emerg; June
                                              15, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    West Logan, Town of,             545539  Mar. 5, 1971,    ......do................   Do.
     Logan County.                            Emerg; June 2,
                                              1972, Reg;
                                              Feb. 6, 2008,
                                              Susp.
 
         Region VIII
 
North Dakota:
    Barnes County,                   380339  Apr. 19, 1978,   ......do................   Do.
     Unincorporated Areas.                    Emerg; June 4,
                                              1987, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Kathryn, City of, Barnes         380001  June 4, 1975,    ......do................   Do.
     County.                                  Emerg; July
                                              19, 1982, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Litchville, City of,             380187  Apr. 11, 1978,   ......do................   Do.
     Barnes County.                           Emerg; Nov.
                                              20, 1979, Reg;
                                              Feb. 6, 2008,
                                              Susp.
    Valley City, City of,            380002  Apr. 11, 1974,   ......do................   Do.
     Barnes County.                           Emerg; Sept.
                                              28, 1984, Reg;
                                              Feb. 6, 2008,
                                              Susp.
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*-do- = Ditto.

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

    Dated: January 18, 2008.
David I. Maurstad,
Assistant AdministratorMitigation Directorate,Department of Homeland 
Security,Federal Emergency Management Agency.
[FR Doc. E8-1396 Filed 1-25-08; 8:45 am]
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