[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Rules and Regulations]
[Pages 31857-31860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15871]
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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-8081]
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,
[[Page 31858]]
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 I
Massachusetts:
Acushnet, City of, Bristol 250048 April 3, 1981, July 7, 2009.......... July 7, 2009.
County. Emerg; July 19,
1982, Reg; July
7, 2009, Susp.
Attleboro, City of, Bristol 250049 August 16, 1974, ......do*............. Do.
County. Emerg; September
29, 1978, Reg;
July 7, 2009,
Susp.
Berkley, Town of, Bristol 250050 February 19, ......do.............. Do.
County. 1974, Emerg;
July 3, 1978,
Reg; July 7,
2009, Susp.
Dartmouth, Town of, Bristol 250051 September 10, ......do.............. Do.
County. 1971, Emerg;
August 15, 1977,
Reg; July 7,
2009, Susp.
Dighton, Town of, Bristol 250052 March 9, 1973, ......do.............. Do.
County. Emerg; June 18,
1980, Reg; July
7, 2009, Susp.
Easton, Town of, Bristol 250053 August 15, 1974, ......do.............. Do.
County. Emerg; February
3, 1982, Reg;
July 7, 2009,
Susp.
Fairhaven, Town of, Bristol 250054 October 8, 1971, ......do.............. Do.
County. Emerg; March 16,
1976, Reg; July
7, 2009, Susp.
Fall River, City of, 250055 September 14, ......do.............. Do.
Bristol County. 1977, Emerg;
September 30,
1981, Reg; July
7, 2009, Susp.
Freetown, Town of, Bristol 250056 August 11, 1975, ......do.............. Do.
County. Emerg; June 18,
1980, Reg; July
7, 2009, Susp.
Mansfield, Town of, Bristol 250057 January 28, 1972, ......do.............. Do.
County. Emerg; April 1,
1977, Reg; July
7, 2009, Susp.
New Bedford, City of, 255216 February 25, ......do.............. Do.
Bristol County. 1972, Emerg;
July 6, 1973,
Reg; July 7,
2009, Susp.
North Attleborough, Town 250059 February 10, ......do.............. Do.
of, Bristol County. 1975, Emerg;
September 14,
1979, Reg; July
7, 2009, Susp.
Norton, Town of, Bristol 250060 March 20, 1974, ......do.............. Do.
County. Emerg; June 1,
1979, Reg; July
7, 2009, Susp.
Raynham, Town of, Bristol 250061 June 23, 1975, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; July
7, 2009, Susp.
Rehoboth, Town of, Bristol 250062 February 11, ......do.............. Do.
County. 1972, Emerg;
September 1,
1977, Reg; July
7, 2009, Susp.
Salisbury, Town of, Bristol 250103 November 17, ......do.............. Do.
County. 1972, Emerg; May
2, 1977, Reg;
July 7, 2009,
Susp.
Seekonk, Town of, Bristol 250063 July 25, 1975, ......do.............. Do.
County. Emerg; September
5, 1979, Reg;
July 7, 2009,
Susp.
Somerset, Town of, Bristol 255220 November 13, ......do.............. Do.
County. 1970, Emerg;
March 17, 1972,
Reg; July 7,
2009, Susp.
Swansea, Town of, Bristol 255221 June 12, 1970, ......do.............. Do.
County. Emerg; August 6,
1971, Reg; July
7, 2009, Susp.
Taunton, City of, Bristol 250066 June 11, 1973, ......do.............. Do.
County. Emerg; June 18,
1980, Reg; July
7, 2009, Susp.
Westport, Town of, Bristol 255224 August 7, 1970, ......do.............. Do.
County. Emerg; July 16,
1971, Reg; July
7, 2009, Susp.
Maine:
Andover, Town of, Oxford 230160 October 31, 1975, ......do.............. Do.
County. Emerg; January
3, 1985, Reg;
July 7, 2009,
Susp.
Bethel, Town of, Oxford 230088 August 18, 1975, ......do.............. Do.
County. Emerg; May 2,
1991, Reg; July
7, 2009, Susp.
Buckfield, Town of, Oxford 230090 August 5, 1975, ......do.............. Do.
County. Emerg; November
1, 1985, Reg;
July 7, 2009,
Susp.
Byron, Town of, Oxford 230330 July 15, 1975, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
July 7, 2009,
Susp.
Canton, Town of, Oxford 230091 July 3, 1975, ......do.............. Do.
County. Emerg; November
3, 1989, Reg;
July 7, 2009,
Susp.
[[Page 31859]]
Denmark, Town of, Oxford 230476 May 7, 1976, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; July
7, 2009, Susp.
Dixfield, Town of, Oxford 230092 June 23, 1975, ......do.............. Do.
County. Emerg; March 4,
1985, Reg; July
7, 2009, Susp.
Fryeburg, Town of, Oxford 230093 April 7, 1975, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; July
7, 2009, Susp.
Greenwood, Town of, Oxford 230332 June 24, 1976, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
July 7, 2009,
Susp.
Hanover, Town of, Oxford 230333 August 11, 1975, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
July 7, 2009,
Susp.
Hartford, Town of, Oxford 230334 May 21, 1976, ......do.............. Do.
County. Emerg; November
1, 1985, Reg;
July 7, 2009,
Susp.
Hebron, Town of, Oxford 230335 April 21, 1976, ......do.............. Do.
County. Emerg; December
31, 1976, Reg;
July 7, 2009,
Susp.
Hiram, Town of, Oxford 230094 July 30, 1975, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
July 7, 2009,
Susp.
Lovell, Town of, Oxford 230336 July 15, 1975, ......do.............. Do.
County. Emerg; February
17, 1989, Reg;
July 7, 2009,
Susp.
Mexico, Town of, Oxford 230095 November 17, ......do.............. Do.
County. 1972, Emerg;
August 15, 1977,
Reg; July 7,
2009, Susp.
Milton, Township of, Oxford 230460 March 19, 1975, ......do.............. Do.
County. Emerg; April 17,
1987, Reg; July
7, 2009, Susp.
Newry, Town of, Oxford 230337 December 30, ......do.............. Do.
County. 1975, Emerg;
September 4,
1985, Reg; July
7, 2009, Susp.
Norway, Town of, Oxford 230096 November 11, ......do.............. Do.
County. 1974, Emerg;
September 4,
1991, Reg; July
7, 2009, Susp.
Otisfield, Town of, Oxford 230203 January 29, 1976, ......do.............. Do.
County. Emerg; May 19,
1981, Reg; July
7, 2009, Susp.
Oxford, Town of, Oxford 230869 July 16, 1975, ......do.............. Do.
County. Emerg; May 2,
1991, Reg; July
7, 2009, Susp.
Paris, Town of, Oxford 230097 February 28, ......do.............. Do.
County. 1975, Emerg;
September 27,
1991, Reg; July
7, 2009, Susp.
Peru, Town of, Oxford 230098 October 24, 1975, ......do.............. Do.
County. Emerg; May 17,
1990, Reg; July
7, 2009, Susp.
Porter, Town of, Oxford 230338 October 7, 1976, ......do.............. Do.
County. Emerg; December
4, 1979, Reg;
July 7, 2009,
Susp.
Roxbury, Town of, Oxford 230181 October 24, 1975, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
July 7, 2009,
Susp.
Rumford, Town of, Oxford 230099 March 9, 1973, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; July
7, 2009, Susp.
Stoneham, Town of, Oxford 230340 October 1, 1975, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
July 7, 2009,
Susp.
Stow, Town of, Oxford 230186 February 20, ......do.............. Do.
County. 1976, Emerg;
November 14,
1978, Reg; July
7, 2009, Susp.
Sumner, Town of, Oxford 230187 August 5, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
July 7, 2009,
Susp.
Sweden, Town of, Oxford 230341 July 22, 1975, ......do.............. Do.
County. Emerg; October
31, 1978, Reg;
July 7, 2009,
Susp.
Region III
Virginia:
Brunswick County, 510236 April 4, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; February
6, 1991, Reg;
July 7, 2009,
Susp.
Emporia, City of, 510047 February 5, 1974, ......do.............. Do.
Independent City. Emerg; September
30, 1977, Reg;
July 7, 2009,
Susp.
Greensville County, 510073 February 25, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
September 29,
1978, Reg; July
7, 2009, Susp.
Jarratt, Town of, 510263 March 5, 1975, ......do.............. Do.
Greensville County. Emerg; October
8, 1982, Reg;
July 7, 2009,
Susp.
Lawrenceville, Town of, 510023 May 28, 1974, ......do.............. Do.
Brunswick County. Emerg; July 17,
1978, Reg; July
7, 2009, Susp.
Stony Creek, Town of, 510159 April 9, 1974, ......do.............. Do.
Sussex County. Emerg; September
16, 1982, Reg;
July 7, 2009,
Susp.
Sussex County, 510192 December 11, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
March 2, 1983,
Reg; July 7,
2009, Susp.
West Virginia: Berkeley County, 540282 July 29, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 4,
1988, Reg; July
7, 2009, Susp.
Region IV
Alabama:
Ardmore, Town of, Limestone 010306 July 9, 1979, ......do.............. Do.
County. Emerg; April 15,
1986, Reg; July
7, 2009, Susp.
[[Page 31860]]
Athens, City of, Limestone 010146 April 11, 1974, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
July 7, 2009,
Susp.
Limestone County, 010307 September 2, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
July 16, 1981,
Reg; July 7,
2009, Susp.
Mooresville, Town of, 010455 December 23, ......do.............. Do.
Limestone County. 2008, Emerg; NA,
Reg; July 7,
2009, Susp.
Kentucky: Liberty, City of, 210054 May 12, 1975, ......do.............. Do.
Cassey County. Emerg; July 3,
1986, Reg; July
7, 2009, Susp.
North Carolina:
Cajahs Mountain, Town of, 370452 NA, Emerg; March ......do.............. Do.
Caldwell County. 6, 1990, Reg;
July 7, 2009,
Susp.
Caldwell County, 370039 June 19, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; August
16, 1988, Reg;
July 7, 2009,
Susp.
Gamewell, Town of, Caldwell 370451 NA, Emerg; ......do.............. Do.
County. February 15,
2000, Reg; July
7, 2009, Susp.
Granite Falls, Town of, 370414 August 9, 1988, ......do.............. Do.
Caldwell County. Emerg; August
16, 1988, Reg;
July 7, 2009,
Susp.
Hudson, Town of, Caldwell 370450 NA, Emerg; March ......do.............. Do.
County. 6, 1990, Reg;
July 7, 2009,
Susp.
Lenoir, City of, Caldwell 370040 March 29, 1978, ......do.............. Do.
County. Emerg; August
16, 1988, Reg;
July 7, 2009,
Susp.
Region V
Ohio:
Centerburg, Village of, 390307 June 27, 1975, ......do.............. Do.
Knox County. Emerg; January
6, 1982, Reg;
July 7, 2009,
Susp.
Danville, Village of, Knox 390308 June 12, 1975, ......do.............. Do.
County. Emerg; August
24, 1984, Reg;
July 7, 2009,
Susp.
Gambier, Village of, Knox 390310 February 3, 1976, ......do.............. Do.
County. Emerg; January
30, 1981, Reg;
July 7, 2009,
Susp.
Knox County, Unincorporated 390306 NA, Emerg; ......do.............. Do.
Areas. October 27,
1993, Reg; July
7, 2009, Susp.
Mount Vernon, City of, Knox 390311 January 21, 1974, ......do.............. Do.
County. Emerg; August 2,
1982, Reg; July
7, 2009, Susp.
Region X
Idaho:
Bannock County, 160009 April 30, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
5, 1979, Reg;
July 7, 2009,
Susp.
Downey, City of, Bannock 160165 February 8, 1985, ......do.............. Do.
County. Emerg; February
8, 1985, Reg;
July 7, 2009,
Susp.
Inkom, City of, Bannock 160010 July 16, 1975, ......do.............. Do.
County. Emerg; September
15, 1978, Reg;
July 7, 2009,
Susp.
Lava Hot Springs, City of, 160011 May 20, 1975, ......do.............. Do.
Bannock County. Emerg; August 1,
1979, Reg; July
7, 2009, Susp.
McCammon, City of, Bannock 160176 December 21, ......do.............. Do.
County. 1978, Emerg;
December 21,
1978, Reg; July
7, 2009, Susp.
Pocatello, City of, Bannock 160012 February 7, 1974, ......do.............. Do.
County. Emerg; May 1,
1980, Reg; July
7, 2009, Susp.
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* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 23, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-15871 Filed 7-2-09; 8:45 am]
BILLING CODE 9110-12-P