[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28624-28627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14271]
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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-8079]
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.
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 28625]]
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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 II
New Jersey:
Clementon, Borough of, 340130 January 30, 1975, June 16, 2009......... June 16, 2009
Camden County. Emerg; October
21, 1983, Reg;
June 16, 2009,
Susp.
Gloucester, Township of, 340133 July 24, 1975, ......do*............. Do.
Camden County. Emerg; December
1, 1982, Reg;
June 16, 2009,
Susp.
Laurel Springs, Borough 340547 March 23, 1976, ......do.............. Do.
of, Camden County. Emerg; May 13,
1977, Reg; June
16, 2009, Susp.
Lindenwold, Borough of, 340137 January 12, 1976, ......do.............. Do.
Camden County. Emerg; September
17, 1980, Reg;
June 16, 2009,
Susp.
Pine Hill, Borough of, 340143 March 11, 1975, ......do.............. Do.
Camden County. Emerg; February
24, 1978, Reg;
June 16, 2009,
Susp.
Stratford, Borough of, 340146 March 21, 1975, ......do.............. Do.
Camden County. Emerg; September
17, 1980, Reg;
June 16, 2009,
Susp.
Region III
Pennsylvania:
Blain, Borough of, Perry 420748 October 14, 1975, ......do.............. Do.
County. Emerg; June 24,
1977, Reg; June
16, 2009, Susp.
Bloomfield, Borough of, 420748 February 22, 1974, ......do.............. Do.
Perry County. Emerg; March 1,
1978, Reg; June
16, 2009, Susp.
Buffalo, Township of, 421948 March 27, 1975, ......do.............. Do.
Perry County. Emerg; August 15,
1980, Reg; June
16, 2009, Susp.
Carroll, Township of, 421949 February 18, 1976, ......do.............. Do.
Perry County. Emerg; Reg; June
16, 2009, Susp.
Centre, Township of, Perry 422498 August 12, 1975, ......do.............. Do.
County. Emerg; June 1,
1981, Reg; June
16, 2009, Susp.
Duncannon, Borough of, 420749 January 20, 1975, ......do.............. Do.
Perry County. Emerg; December
18, 1979, Reg;
June 16, 2009,
Susp.
Greenwood, Township of, 421950 August 12, 1975, ......do.............. Do.
Perry County. Emerg; May 19,
1981, Reg; June
16, 2009, Susp.
Howe, Township of, Perry 421145 April 4, 1974, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; June
16, 2009, Susp.
Jackson, Township of, 421952 January 28, 1976, ......do.............. Do.
Perry County. Emerg; October
15, 1985, Reg;
June 16, 2009,
Susp.
Juniata, Township of, 421140 March 16, 1974, ......do.............. Do.
Perry County. Emerg; May 1,
1978, Reg; June
16, 2009, Susp.
Liverpool, Borough of, 420750 March 20, 1974, ......do.............. Do.
Perry County. Emerg; August 15,
1979, Reg; June
16, 2009, Susp.
Liverpool, Township of, 421953 February 5, 1975, ......do.............. Do.
Perry County. Emerg; June 18,
1980, Reg; June
16, 2009, Susp.
Marysville, Borough of, 420751 February 9, 1973, ......do.............. Do.
Perry County. Emerg; May 16,
1977, Reg; June
16, 2009, Susp.
Miller, Township of, Perry 421954 March 21, 1977, ......do.............. Do.
County. Emerg; April 15,
1981, Reg; June
16, 2009, Susp.
Millerstown, Borough of, 420752 November 17, 1975, ......do.............. Do.
Perry County. Emerg; May 19,
1981, Reg; June
16, 2009, Susp.
New Buffalo, Borough of, 420753 February 5, 1975, ......do.............. Do.
Perry County. Emerg; April 2,
1979, Reg; June
16, 2009, Susp.
Newport, Borough of, Perry 420754 March 2, 1973, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; June
16, 2009, Susp.
Northeast Madison, 421955 September 12, ......do.............. Do.
Township of, Perry County. 1975, Emerg;
September 4,
1985, Reg; June
16, 2009, Susp.
Oliver, Township of, Perry 421022 November 12, 1973, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; June
16, 2009, Susp.
Penn, Township of, Perry 420755 July 5, 1973, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
June 16, 2009,
Susp.
Rye, Township of, Perry 421028 October 5, 1973, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; June
16, 2009, Susp.
Saville, Township of, 421956 July 23, 1975, ......do.............. Do.
Perry County. Emerg; March 4,
1988, Reg; June
16, 2009, Susp.
Southwest Madison, 421957 July 2, 1975, ......do.............. Do.
Township of, Perry County. Emerg; August 19,
1985, Reg; June
16, 2009, Susp.
Spring, Township of, Perry 421958 September 10, ......do.............. Do.
County. 1975, Emerg;
November 12,
1982, Reg; June
16, 2009, Susp.
Toboyne, Township of, 421959 September 8, 1981, ......do.............. Do.
Perry County. Emerg; September
4, 1985, Reg;
June 16, 2009,
Susp.
Tuscarora, Township of, 421960 April 14, 1976, ......do.............. Do.
Perry County. Emerg; November
19, 1982, Reg;
June 16, 2009,
Susp.
[[Page 28626]]
Tyrone, Township of, Perry 421961 February 22, 1977, ......do.............. Do.
County. Emerg; March 4,
1988, Reg; June
16, 2009, Susp.
Watts, Township of, Perry 420756 May 24, 1973, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; June
16, 2009, Susp.
Wheatfield, Township of, 421035 October 29, 1971, ......do.............. Do.
Perry County. Emerg; December
18, 1979, Reg;
June 16, 2009,
Susp.
Virginia:
Cumberland County, 510043 March 12, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1979, Reg;
June 16, 2009,
Susp.
King and Queen County, 510082 June 20, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
5, 1990, Reg;
June 16, 2009,
Susp.
York County, 510182 October 5, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; December
16, 1988, Reg;
June 16, 2009,
Susp.
Region IV
Alabama:
Millbrook, City of, 010370 October 18, 1979, ......do.............. Do.
Autauga County. Emerg; August 15,
1984, Reg; June
16, 2009, Susp.
Prattville, City of, 010002 June 18, 1974, ......do.............. Do.
Autauga County. Emerg; August 15,
1978, Reg; June
16, 2009, Susp.
Kentucky: Crittenden 210254 October 7, 1997, ......do.............. Do.
County, Unincorporated Emerg; April 1,
Areas. 1999, Reg; June
16, 2009, Susp.
Mississippi:
Biloxi, City of, Harrison 285252 June 30, 1970, ......do.............. Do.
County. Emerg; September
11, 1970, Reg;
June 16, 2009,
Susp.
D'iberville, City of, 280336 November 14, 1988, ......do.............. Do.
Harrison County. Emerg; November
14, 1988, Reg;
June 16, 2009,
Susp.
Gulfport, City of, 285253 May 29, 1970, ......do.............. Do.
Harrison County. Emerg; September
11, 1970, Reg;
June 16, 2009,
Susp.
Harrison County, 285255 July 17, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; June 15,
1978, Reg; June
16, 2009, Susp.
Long Beach, City of, 285257 June 19, 1970, ......do.............. Do.
Harrison County. Emerg; September
11, 1970, Reg;
June 16, 2009,
Susp.
Pass Christian, City of, 285261 May 26, 1970, ......do.............. Do.
Harrison County. Emerg; May 26,
1970, Reg; June
16, 2009, Susp.
North Carolina:
China Grove, Town of, 370210 December 21, 1978, ......do.............. Do.
Rowan County. Emerg; December
21, 1978, Reg;
June 16, 2009,
Susp.
East Spencer, Town of, 370211 March 31, 1975, ......do.............. Do.
Rowan County. Emerg; July 3,
1978, Reg; June
16, 2009, Susp.
Faith, Town of, Rowan 370352 NA, Emerg; ......do.............. Do.
County. November 26,
2002, Reg; June
16, 2009, Susp.
Granite Quarry, Town of, 370212 May 1, 1975, ......do.............. Do.
Rowan County. Emerg; September
15, 1978, Reg;
June 16, 2009,
Susp.
Landis, Town of, Rowan 370213 March 31, 1975, ......do.............. Do.
County. Emerg; July 3,
1978, Reg; June
16, 2009, Susp.
Rockwell, Town of, Rowan 370214 May 13, 1975, ......do.............. Do.
County. Emerg; May 15,
1978, Reg; June
16, 2009, Susp.
Rowan County, 370351 August 23, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1979, Reg;
June 16, 2009,
Susp.
Salisbury, City of, Rowan 370215 July 23, 1974, ......do.............. Do.
County. Emerg; May 15,
1980, Reg; June
16, 2009, Susp.
Spencer, Town of, Rowan 370216 April 7, 1975, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
June 16, 2009,
Susp.
Tennessee: Mountain City, 470275 May 8, 1975, ......do.............. Do.
City of, Johnson County. Emerg; August 5,
1986, Reg; June
16, 2009, Susp.
Region V
Ohio:
Aquilla, Village of, 390739 May 3, 1976, ......do.............. Do.
Geauga County. Emerg; December
7, 1984, Reg;
June 16, 2009,
Susp.
Chardon, City of, Geauga 390191 June 25, 1975, ......do.............. Do.
County. Emerg; January 4,
1985, Reg; June
16, 2009, Susp.
Geauga County, 390190 February 18, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; November
4, 1988, Reg;
June 16, 2009,
Susp.
Middlefield, Village of, 390192 March 10, 1975, ......do.............. Do.
Geauga County. Emerg; September
30, 1988, Reg;
June 16, 2009,
Susp.
South Russell, Village of, 390740 July 2, 1976, ......do.............. Do.
Geauga County. Emerg; --, Reg;
June 16, 2009,
Susp.
[[Page 28627]]
Region VI
Arkansas:
Marmaduke, City of, Greene 050346 April 7, 1976, ......do.............. Do.
County. Emerg; June 1,
1987, Reg; June
16, 2009, Susp.
Paragould, City of, Greene 050085 June 27, 1973, ......do.............. Do.
County. Emerg; June 15,
1978, Reg; June
16, 2009, Susp.
Sedgwick, City of, Greene 050576 February 1, 1988, ......do.............. Do.
County. Emerg; --, Reg;
June 16, 2009,
Susp.
Region IX
California:
Antioch, City of, Contra 060026 May 1, 1975, ......do.............. Do.
Costa County. Emerg; December
2, 1980, Reg;
June 16, 2009,
Susp.
Corcoran, City of, Kings 060663 NA , Emerg; ......do.............. Do.
County. November 28,
1997, Reg; June
16, 2009, Susp.
Dinuba, City of, Tulare 060403 June 26, 1975, ......do.............. Do.
County. Emerg; November
3, 1982, Reg;
June 16, 2009,
Susp.
El Cerrito, City of, 065027 March 5, 1971, ......do.............. Do.
Contra Costa County. Emerg; June 1,
1977, Reg; June
16, 2009, Susp.
Hercules, City of, Contra 060434 July 25, 1975, ......do.............. Do.
Costa County. Emerg; September
30, 1982, Reg;
June 16, 2009,
Susp.
Pleasant Hill, City of, 060034 March 19, 1971, ......do.............. Do.
Contra Costa County. Emerg; September
30, 1983, Reg;
June 16, 2009,
Susp.
Region X
Idaho:
Cambridge, City of, 160199 August 27, 1976, ......do.............. Do.
Washington County. Emerg; February
19, 1987, Reg;
June 16, 2009,
Susp.
Midvale, City of, 160123 May 7, 1975, ......do.............. Do.
Washington County. Emerg; February
19, 1987, Reg;
June 16, 2009,
Susp.
Washington County, 160221 February 2, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; February
19, 1987, Reg;
June 16, 2009,
Susp.
Weiser, City of, 160124 December 4, 1974, ......do.............. Do.
Washington County. Emerg; February
19, 1987, Reg;
June 16, 2009,
Susp.
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* do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 8, 2009.
Edward L. Connor,
Acting Assistant Administrator Mitigation Directorate Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-14271 Filed 6-16-09; 8:45 am]
BILLING CODE 9110-12-P