[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53748-53750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21777]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8041]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

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 proving 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 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.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or to obtain 
additional information, contact David Stearrett, Federal Emergency 
Management Agency, Mitigation Directorate, 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 the 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.
    Previously, FEMA 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 the FEMA 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

[[Page 53749]]

against certain types of Federal assistance becomes effective for the 
communities listed on the date shown in the last column. The 
Administrator finds the notice and public comment under 5 U.S.C. 553(b) 
are impracticable and unnecessary because the 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 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 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 IV
North Carolina:
    Davie County,                      370308  December 23,       09/17/2008............  09/17/2008.
     Unincorporated Areas.                      1975, Emerg;
                                                March 21, 1980,
                                                Reg; September
                                                17, 2008, Susp.
    Mocksville, Town of, Davie         370309  August 12, 2002,   ......do..............   Do.
     County.                                    Emerg;--, Reg;
                                                September 17,
                                                2008, Susp.
            Region V
Michigan:
    Brighton, City of,                 260783  December 16,       ......do..............   Do.
     Livingston County.                         1986, Emerg;
                                                April 5, 1988,
                                                Reg; September
                                                17, 2008, Susp.
    Fowlerville, Village of,           260439  August 7, 1975,    ......do..............   Do.
     Livingston County.                         Emerg; February
                                                19, 1987, Reg;
                                                September 17,
                                                2008, Susp.
    Genoa, Township of,                260843  July 12, 2007,     ......do..............   Do.
     Livingston County.                         Emerg;--, Reg;
                                                September 17,
                                                2008, Susp.
    Green Oak, Township of,            260440  March 10, 1982,    ......do..............   Do.
     Livingston County.                         Emerg; October
                                                16, 1984, Reg;
                                                September 17,
                                                2008, Susp.
    Hamburg, Township of,              260118  July 23, 1974,     ......do..............   Do.
     Livingston County.                         Emerg; February
                                                19, 1986, Reg;
                                                September 17,
                                                2008, Susp.
    Handy, Township of,                260827  February 7, 1990,  ......do..............   Do.
     Livingston County.                         Emerg;--, Reg;
                                                September 17,
                                                2008, Susp.
    Hartland, Township of,             260784  November 25,       ......do..............   Do.
     Livingston County.                         1986, Emerg; May
                                                17, 1989, Reg;
                                                September 17,
                                                2008, Susp.
    Howell, City of, Livingston        260441  December 8, 1975,  ......do..............   Do.
     County.                                    Emerg; August 4,
                                                1987, Reg;
                                                September 17,
                                                2008, Susp.
    Marion, Township of,               260846  February 29,       ......do..............   Do.
     Livingston County.                         2008, Emerg;--,
                                                Reg; September
                                                17, 2008, Susp.
    Putnam, Township of,               260442  December 21,       ......do..............   Do.
     Livingston County.                         1978, Emerg;
                                                February 6,
                                                1984, Reg;
                                                September 17,
                                                2008, Susp.
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 *do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 53750]]

    Dated: September 9, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. E8-21777 Filed 9-16-08; 8:45 am]
BILLING CODE 9110-12-P