[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Rules and Regulations]
[Pages 10155-10157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3628]



[[Page 10155]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8011]


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 
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:

[[Page 10156]]



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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 IV
 
Alabama:
    Powell, Town of, DeKalb            010398  June 6, 2005,      ......do..............   Do.
     County.                                    Emerg;-, Reg;
                                                February 20,
                                                2008, Susp.
    Rainsville, City of, DeKalb        010368  July 16, 1975,     ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1980, Reg;
                                                February 20,
                                                2008, Susp.
    Sylvania, Town of, DeKalb          010364  September 4,       ......do..............   Do.
     County.                                    2005, Emerg;-,
                                                Reg; February
                                                20, 2008, Susp.
    Taylor, City of, Geneva            010108  -, Emerg; April    ......do..............   Do.
     County.                                    15, 2004, Reg;
                                                February 20,
                                                2008, Susp.
    Valley Head, Town of,              010068  August 7, 1975,    ......do..............   Do.
     DeKalb County.                             Emerg; April 15,
                                                1980, Reg;
                                                February 20,
                                                2008, Susp.
North Carolina:
    Cleveland County,                  370302  -, Emerg; October  ......do..............   Do.
     Unincorporated Areas.                      23, 1995, Reg;
                                                February 20,
                                                2008, Susp.
    Shelby, City of, Cleveland         370064  January 17, 1974,  ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1978, Reg;
                                                February 20,
                                                2008, Susp.
Tennessee:
    Lebanon, City of, Wilson           470208  June 23, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                6, 1983, Reg;
                                                February 20,
                                                2008, Susp.
    Mt. Juliet, City of, Wilson        470290  July 8, 1976,      ......do..............   Do.
     County.                                    Emerg; May 17,
                                                1982, Reg;
                                                February 20,
                                                2008, Susp.
    Watertown, City of, Wilson         470380  December 29,       ......do..............   Do.
     County.                                    1980, Emerg;
                                                January 1, 1987,
                                                Reg; February
                                                20, 2008, Susp.
    Wilson County,                     470207  August 27, 1975,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1984, Reg;
                                                February 20,
                                                2008, Susp.
 
           Region VI
 
Arkansas:
    Austin, City of, Lonoke            050383  January 13, 1976,  ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1982, Reg;
                                                February 20,
                                                2008, Susp.
    Cabot, City of, Lonoke             050309  September 26,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                April 19, 1983,
                                                Reg; February
                                                20, 2008, Susp.
    Lonoke County,                     050448  -, Emerg; March    ......do..............   Do.
     Unincorporated Areas.                      14, 1994, Reg;
                                                February 20,
                                                2008, Susp.
    Ward, City of, Lonoke              050372  September 8,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 5,
                                                1978, Reg;
                                                February 20,
                                                2008, Susp.
 
           Region VII
 
Iowa:
    Ames, City of, Story County        190254  July 25, 1974,     ......do..............   Do.
                                                Emerg; January
                                                2, 1981, Reg;
                                                February 20,
                                                2008, Susp.
    Cambridge, City of, Story          190255  July 29, 1974,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1981, Reg;
                                                February 20,
                                                2008, Susp.
    Gilbert, City of, Story            190256  April 8, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                1, 1987, Reg;
                                                February 20,
                                                2008, Susp.
    Maxwell, City of, Story            190257  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                15, 1984, Reg;
                                                February 20,
                                                2008, Susp.
    Nevada, City of, Story             190258  November 25,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                August 3, 1981,
                                                Reg; February
                                                20, 2008, Susp.
    Zearing, City of, Story            190260  September 28,      ......do..............   Do.
     County.                                    1976, Emerg; May
                                                1, 1987, Reg;
                                                February 20,
                                                2008, Susp.
Kansas:
    Americus, City of, Lyon            200202  July 8, 1975,      ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1982, Reg;
                                                February 20,
                                                2008, Susp.
    Emporia, City of, Lyon             200203  June 10, 1975,     ......do..............   Do.
     County.                                    Emerg; October
                                                2, 1979, Reg;
                                                February 20,
                                                2008, Susp.
Missouri:
    Doolittle, City of, Phelps         290727  February 18,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                August 24, 1984,
                                                Reg; February
                                                20, 2008, Susp.
    Newburg, City of, Phelps           295268  April 9, 1971,     ......do..............   Do.
     County.                                    Emerg; April 28,
                                                1972, Reg;
                                                February 20,
                                                2008, Susp.
    Phelps County,                     290824  May 1, 1984,       ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1987, Reg;
                                                February 20,
                                                2008, Susp.
    St. James, City of, Phelps         290661  February 5, 1976,  ......do..............   Do.
     County.                                    Emerg; July 3,
                                                1985, Reg;
                                                February 20,
                                                2008, Susp.
Nebraska:
    Wauneta, Village of, Chase         310037  March 31, 1975,    ......do..............   Do.
     County.                                    Emerg; February
                                                4, 1987, Reg;
                                                February 20,
                                                2008, Susp.
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* -do-=Ditto.

[[Page 10157]]

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


    Dated: February 7, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
 [FR Doc. E8-3628 Filed 2-25-08; 8:45 am]
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