[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Rules and Regulations]
[Pages 21267-21271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10602]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8073]
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.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or 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.
[[Page 21268]]
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
Pennsylvania:
Bellefonte, Borough of, 420257 March 30, 1973, May 4, 2009........... May 7, 3009.
Centre County. Emerg; February
2, 1977, Reg; May
7, 3009, Susp.
Benner, Township of, 421460 April 7, 1975, ......do*............. Do.
Centre County. Emerg; February
2, 1977, Reg; May
7, 3009, Susp.
Boggs, Township of, Centre 421193 September 16, ......do.............. Do.
County. 1975, Emerg;
August 15, 1989,
Reg; May 7, 3009,
Susp.
Burnside, Township of, 421461 April 17, 1975, ......do.............. Do.
Centre County. Emerg; January
17, 1986, Reg;
May 7, 3009,
Susp.
Collge, Township of, 420259 April 19, 1973, ......do.............. Do.
Centre County. Emerg; July 4,
1989, Reg; May 7,
3009, Susp.
Curtin, Township of, 421462 November 15, 1974, ......do.............. Do.
Centre County. Emerg; June 5,
1989, Reg; May 7,
3009, Susp.
Ferguson, Township of, 420260 May 17, 1973, ......do.............. Do.
Centre County. Emerg; July 17,
1989, Reg; May 7,
3009, Susp.
Gregg, Township of, Centre 421194 April 29, 1975, ......do.............. Do.
County. Emerg; November
2, 1984, Reg; May
7, 3009, Susp.
Haines, Township of, 420261 March 30, 1973, ......do.............. Do.
Centre County. Emerg; August 1,
1978, Reg; May 7,
3009, Susp.
Halfmoon, Township of, 421463 April 30, 1975, ......do.............. Do.
Centre County. Emerg; October
13, 1978, Reg;
May 7, 3009,
Susp.
Harris, Township of, 420262 June 6, 1973, ......do.............. Do.
Centre County. Emerg; June 5,
1989, Reg; May 7,
3009, Susp.
Howard, Borough of, Centre 420263 May 13, 1975, ......do.............. Do.
County. Emerg; August 3,
1989, Reg; May 7,
3009, Susp.
Howard, Township of, 421464 February 9, 1976, ......do.............. Do.
Centre County. Emerg; August 3,
1989, Reg; May 7,
3009, Susp.
Huston, Township of, 421195 September 15, ......do.............. Do.
Centre County. 1975, Emerg; June
5, 1989, Reg; May
7, 3009, Susp.
Liberty, Township of, 421196 April 13, 1976, ......do.............. Do.
Centre County. Emerg; June 5,
1989, Reg; May 7,
3009, Susp.
Marion, Township of, 421465 July 29, 1975, ......do.............. Do.
Centre County. Emerg; November
2, 1984, Reg; May
7, 3009, Susp.
Miles, Township of, Centre 421197 March 10, 1975, ......do.............. Do.
County. Emerg; December
4, 1985, Reg; May
7, 3009, Susp.
Milesburg, Borough of, 420264 June 17, 1975, ......do.............. Do.
Centre County. Emerg; February
2, 1977, Reg; May
7, 3009, Susp.
Millheim, Borough of, 420265 July 3, 1975, ......do.............. Do.
Centre County. Emerg; June 5,
1989, Reg; May 7,
3009, Susp.
Patton, Township of, 420266 June 6, 1973, ......do.............. Do.
Centre County. Emerg; February
19, 1986, Reg;
May 7, 3009,
Susp.
Penn, Township of, Centre 421466 September 24, ......do.............. Do.
County. 1974, Emerg;
October 17, 1989,
Reg; May 7, 3009,
Susp.
Philipsburg, Borough of, 420267 August 15, 1974, ......do.............. Do.
Centre County. Emerg; August 15,
1990, Reg; May 7,
3009, Susp.
Port Matilda, Borough of, 420268 January 7, 1975, ......do.............. Do.
Centre County. Emerg; November
3, 1989, Reg; May
7, 3009, Susp.
Potter, Township of, 421467 July 7, 1975, ......do.............. Do.
Centre County. Emerg; February
5, 1986, Reg; May
7, 3009, Susp.
Rush, Township of, Centre 421468 February 11, 1975, ......do.............. Do.
County. Emerg; November
16, 1990, Reg;
May 7, 3009,
Susp.
Snow Shoe, Borough of, 421459 February 18, 1976, ......do.............. Do.
Centre County. Emerg; August 10,
1979, Reg; May 7,
3009, Susp.
Snow Shoe, Township of, 421198 February 18, 1976, ......do.............. Do.
Centre County. Emerg; June 19,
1989, Reg; May 7,
3009, Susp.
[[Page 21269]]
Spring, Township of, 420269 October 13, 1972, ......do.............. Do.
Centre County. Emerg; April 15,
1977, Reg; May 7,
3009, Susp.
State College, Borough of, 420270 May 25, 1973, ......do.............. Do.
Centre County. Emerg; June 30,
1976, Reg; May 7,
3009, Susp.
Taylor, Township of, 421469 June 24, 1981, ......do.............. Do.
Centre County. Emerg; January 3,
1986, Reg; May 7,
3009, Susp.
Union, Township of, Centre 421470 July 23, 1975, ......do.............. Do.
County. Emerg; July 17,
1989, Reg; May 7,
3009, Susp.
Unionville, Borough of, 420272 November 11, 1975, ......do.............. Do.
Centre County. Emerg; November
3, 1989, Reg; May
7, 3009, Susp.
Walker, Township of, 421471 September 16, ......do.............. Do.
Centre County. 1974, Emerg; July
17, 1989, Reg;
May 7, 3009,
Susp.
Worth, Township of, Centre 421472 December 8, 1975, ......do.............. Do.
County. Emerg; August 15,
1989, Reg; May 7,
3009, Susp.
Virginia: Virginia Beach, City 515531 September 11, ......do.............. Do.
of, Independent City 1970, Emerg;
April 23, 1971,
Reg; May 7, 3009,
Susp.
Region IV
Florida:
Perry, City of, Taylor 120303 January 30, 1975, ......do.............. Do.
County. Emerg; May 17,
1982, Reg; May 7,
3009, Susp.
Taylor County, 120302 April 25, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; November
16, 1983, Reg;
May 7, 3009,
Susp.
Georgia:
Gray, City of, Jones 130237 May 29, 1975, ......do.............. Do.
County. Emerg; May 21,
1982, Reg; May 7,
3009, Susp.
Jones County, 130434 November 10, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1990, Reg; May
7, 3009, Susp.
North Carolina: Macon County, 370150 November 21, 2000, ......do.............. Do.
Unincorporated Areas Emerg; June 1,
2001, Reg; May 7,
3009, Susp.
Tennessee:
Anderson County, 470217 August 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
5, 1984, Reg; May
7, 3009, Susp.
Atoka, Town of, Tipton 470419 NA, Emerg; May 8, ......do.............. Do.
County. 2001, Reg; May 7,
3009, Susp.
Calhoun, City of, McMinn 470232 July 31, 1975, ......do.............. Do.
County. Emerg; July 3,
1986, Reg; May 7,
3009, Susp.
Chester County, 470348 November 17, 1994, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 2007, Reg;
May 7, 3009,
Susp.
Clinton, City of, Anderson 470001 July 28, 1972, ......do.............. Do.
County. Emerg; July 18,
1977, Reg; May 7,
3009, Susp.
Henderson, City of, 470029 July 25, 1975, ......do.............. Do.
Chester County. Emerg; March 18,
1986, Reg; May 7,
3009, Susp.
Lake City, Town of, 475436 October 23, 1970, ......do.............. Do.
Anderson County. Emerg; February
26, 1971, Reg;
May 7, 3009,
Susp.
Maury County, 470123 November 29, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; November
3, 1989, Reg; May
7, 3009, Susp.
Munford, City of, Tipton 470422 NA, Emerg; June ......do.............. Do.
County. 30, 2003, Reg;
May 7, 3009,
Susp.
Norris, City of, Anderson 470003 March 11, 1975, ......do.............. Do.
County. Emerg; June 25,
1976, Reg; May 7,
3009, Susp.
Oak Ridge, City of, 475441 December 17, 1971, ......do.............. Do.
Anderson, Roane Counties. Emerg; October
27, 1972, Reg;
May 7, 3009,
Susp.
Tipton County, 470340 July 3, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; April 2,
1991, Reg; May 7,
3009, Susp.
Region V
Illinois:
Cairo, City of, Alexander 170004 November 5, 1971, ......do.............. Do.
County. Emerg; February
1, 1978, Reg; May
7, 3009, Susp.
East Cape Girardeau, 170916 May 5, 1976, ......do.............. Do.
Village of, Alexander Emerg; December
County. 4, 1985, Reg; May
7, 3009, Susp.
Menard County, 170505 May 1, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
2, 1988, Reg; May
7, 3009, Susp.
Petersburg, City of, 170506 August 11, 1975, ......do.............. Do.
Menard County. Emerg; September
18, 1975, Reg;
May 7, 3009,
Susp.
Tallula, Village of, 170803 June 3, 1976, ......do.............. Do.
Menard County. Emerg; May 25,
1978, Reg; May 7,
3009, Susp.
Michigan:
Baltimore, Township of, 260666 March 12, 1976, ......do.............. Do.
Barry County. Emerg; July 18,
1985, Reg; May 7,
3009, Susp.
[[Page 21270]]
Castleton, Township of, 260641 September 26, ......do.............. Do.
Barry County. 1975, Emerg; May
17, 1988, Reg;
May 7, 3009,
Susp.
Hastings, City of, Barry 260314 January 22, 1976, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
May 7, 3009,
Susp.
Hastings, Township of, 260648 November 19, 1975, ......do.............. Do.
Barry County. Emerg; June 15,
1981, Reg; May 7,
3009, Susp.
Homer, Township of, 260989 May 14, 1997, ......do.............. Do.
Midland County. Emerg; NA, Reg;
May 7, 3009,
Susp.
Hope, Township of, Barry 260681 June 7, 1976, ......do.............. Do.
County. Emerg; February
6, 1984, Reg; May
7, 3009, Susp.
Irving, Township of, Barry 260354 January 31, 1991, ......do.............. Do.
County. Emerg; January 1,
1992, Reg; May 7,
3009, Susp.
Johnstown, Township of, 260355 July 15, 1976, ......do.............. Do.
Barry County. Emerg; April 2,
1986, Reg; May 7,
3009, Susp.
Maple Grove, Township of, 260644 October 30, 1975, ......do.............. Do.
Barry County. Emerg; February
1, 1986, Reg; May
7, 3009, Susp.
Midland, City of, Midland, 260140 January 20, 1975, ......do.............. Do.
Bay Counties. Emerg; June 15,
1984, Reg; May 7,
3009, Susp.
Midland, Township of, 260857 April 12, 2007, ......do.............. Do.
Midland County. Emerg; NA, Reg;
May 7, 3009,
Susp.
Nashville, Village of, 260902 July 29, 1992, ......do.............. Do.
Barry County. Emerg; December
6, 1999, Reg; May
7, 3009, Susp.
Rutland, Township of, 260656 February 13, 1976, ......do.............. Do.
Barry County. Emerg; August 19,
1986, Reg; May 7,
3009, Susp.
Thornapple, Township of, 260630 August 26, 1975, ......do.............. Do.
Barry County. Emerg; February
1, 1986, Reg; May
7, 3009, Susp.
Ohio:
Bowerston, Village of, 390257 August 8, 1975, ......do.............. Do.
Harrison County. Emerg; March 4,
1987, Reg; May 7,
3009, Susp.
Harrison County, 390255 July 6, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; NA, Reg;
May 7, 3009,
Susp.
Jewett, Village of, 390259 June 17, 1975, ......do.............. Do.
Harrison County. Emerg; July 4,
1988, Reg; May 7,
3009, Susp.
Scio, Village of, Harrison 390261 May 30, 1975, ......do.............. Do.
County. Emerg; March 4,
1987, Reg; May 7,
3009, Susp.
Region VII
Missouri:
Morgan County, 290244 February 28, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 2001, Reg; May
7, 3009, Susp.
Versailles, City of, 290247 November 11, 1975, ......do.............. Do.
Morgan County. Emerg; September
18, 1985, Reg;
May 7, 3009,
Susp.
Nebraska:
Dodge County, 310068 April 18, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 17,
1981, Reg; May 7,
3009, Susp.
Hooper, City of, Dodge 310379 March 15, 1976, ......do.............. Do.
County. Emerg; August 4,
1987, Reg; May 7,
3009, Susp.
Scribner, City of, Dodge 310071 May 30, 1975, ......do.............. Do.
County. Emerg; November
1, 1979, Reg; May
7, 3009, Susp.
Winslow, Village of, Dodge 310410 March 7, 1975, ......do.............. Do.
County. Emerg; December
4, 1979, Reg; May
7, 3009, Susp.
Region IX
California:
Mill Valley, City of, 060177 January 21, 1972, ......do.............. Do.
Marin County. Emerg; January 3,
1979, Reg; May 7,
3009, Susp.
Tehama County, 065064 April 23, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1982, Reg; May 7,
3009, Susp.
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* do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 21271]]
Dated: April 23, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-10602 Filed 5-6-09; 8:45 am]
BILLING CODE 9110-12-P