[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Rules and Regulations]
[Pages 61561-61564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28318]
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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-8105]
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,
[[Page 61562]]
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:
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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:
Blowing Rock, Town of, 370252 July 8, 1975, Dec. 3, 2009.......... Dec. 3, 2009.
Watauga County. Emerg; June 1,
1978, Reg;
December 3, 2009,
Susp.
Boone, Town of, Watauga County 370253 August 22, 1974, ......do.............. Do.
Emerg; September
28, 1979, Reg;
December 3, 2009,
Susp.
Region V
Illinois:
Brookport, City of, Massac 170468 May 23, 1997, ......do.............. Do.
County. Emerg; N/A, Reg;
December 3, 2009,
Susp.
Massac County, 170467 July 25, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; July 5,
1983, Reg;
December 3, 2009,
Susp.
Michigan:
Almena, Township of, Van 260528 May 11, 1976, ......do.............. Do.
Buren County. Emerg; February
11, 1983, Reg;
December 3, 2009,
Susp.
[[Page 61563]]
Arlington, Township of, 260705 June 2, 1977, ......do.............. Do.
Van Buren County. Emerg; July 18,
1985, Reg;
December 3, 2009,
Susp.
Bangor, City of, Van Buren 260529 October 27, 1976, ......do.............. Do.
County. Emerg; May 4,
1989, Reg;
December 3, 2009,
Susp.
Covert, Township of, Van 260259 April 12, 1974, ......do.............. Do.
Buren County. Emerg; April 3,
1978, Reg;
December 3, 2009,
Susp.
Geneva, Township of, Van 261142 January 15, 2009, ......do.............. Do.
Buren County. Emerg; N/A, Reg;
December 3, 2009,
Susp.
Paw Paw, Village of, Van 260598 April 21, 1977, ......do.............. Do.
Buren County. Emerg; January 5,
1979, Reg;
December 3, 2009,
Susp.
South Haven, City of, Van 260211 May 16, 1974, ......do.............. Do.
Buren County. Emerg; March 4,
1980, Reg;
December 3, 2009,
Susp.
South Haven, Township of, 260212 April 22, 1975, ......do.............. Do.
Van Buren County. Emerg; May 15,
1980, Reg;
December 3, 2009,
Susp.
Waverly, Township of, Van 260678 August 29, 1994, ......do.............. Do.
Buren County. Emerg; N/A, Reg;
December 3, 2009,
Susp.
Wisconsin: Barron, City 550010 July 24, 1975, ......do.............. Do.
of, Barron County. Emerg; September
29, 1989, Reg;
December 3, 2009,
Susp.
Chetek, City of, Barron 550012 November 8, 1974, ......do.............. Do.
County. Emerg; June 3,
1986, Reg;
December 3, 2009,
Susp.
Prairie Farm, Village of, 550015 July 25, 1975, ......do.............. Do.
Barron County. Emerg; May 15,
1986, Reg;
December 3, 2009,
Susp.
Rice Lake, City of, Barron 550016 July 10, 1975, ......do.............. Do.
County. Emerg; April 1,
1982, Reg;
December 3, 2009,
Susp.
Region VI
Louisiana:
Bogalusa, City of, 220232 April 11, 1977, ......do.............. Do.
Washington County. Emerg; May 4,
1988, Reg;
December 3, 2009,
Susp.
Washington Parish, 220230 September 23, ......do.............. Do.
Unincorporated Areas. 1977, Emerg; May
4, 1988, Reg;
December 3, 2009,
Susp.
Oklahoma:
Cherokee County, 400488 January 9, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; March 18,
1991, Reg;
December 3, 2009,
Susp.
Fort Gibson, Town of, 400123 July 8, 1977, ......do.............. Do.
Cherokee County. Emerg; July 16,
1980, Reg;
December 3, 2009,
Susp.
Tahlequah, City of, 400037 May 13, 1975, ......do.............. Do.
Cherokee County. Emerg; November
1, 1979, Reg;
December 3, 2009,
Susp.
Region IX
California:
Brea, City of, Orange 060214 August 28, 1974, ......do.............. Do.
County. Emerg; December
2, 1980, Reg;
December 3, 2009,
Susp.
Cypress, City of, Orange 060217 February 26, 1975, ......do.............. Do.
County. Emerg; February
12, 1979, Reg;
December 3, 2009,
Susp.
Fullerton, City of, Orange 060219 October 1, 1971, ......do.............. Do.
County. Emerg; July 5,
1977, Reg;
December 3, 2009,
Susp.
Huntington Beach, City of, 065034 April 16, 1971, ......do.............. Do.
Orange County. Emerg; February
16, 1983, Reg;
December 3, 2009,
Susp.
Laguna Hills, City of, 060760 N/A, Emerg; ......do.............. Do.
Orange County. October 31, 1997,
Reg; December 3,
2009, Susp.
Newport Beach, City of, 060227 May 12, 1972, ......do.............. Do.
Orange County. Emerg; September
1, 1978, Reg;
December 3, 2009,
Susp.
Orange County, 060212 April 30, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; September
14, 1979, Reg;
December 3, 2009,
Susp.
Stanton, City of, Orange 060234 October 15, 1974, ......do.............. Do.
County. Emerg; March 16,
1979, Reg;
December 3, 2009,
Susp.
Region X
Oregon:
Cave Junction, City of, 410107 May 13, 1975, ......do.............. Do.
Josephine County. Emerg; June 10,
1980, Reg;
December 3, 2009,
Susp.
Grants Pass, City of, 410108 April 24, 1974, ......do.............. Do.
Josephine County. Emerg; April 15,
1981, Reg;
December 3, 2009,
Susp.
Josephine County, 415590 December 31, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1982, Reg;
December 3, 2009,
Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 61564]]
Dated: November 17, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate.
[FR Doc. E9-28318 Filed 11-24-09; 8:45 am]
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