[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 60-63]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31153]
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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-8111]
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 61]]
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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:
Clayton, Borough of, 340198 May 15, 1973, Jan. 20, 2010......... Jan. 20, 2010.
Gloucester County. Emerg; March 11,
1983, Reg;
January 20,
2010, Susp.
Deptford, Township of, 340199 June 16, 1975, ......do\*\........... Do.
Gloucester County. Emerg; November
17, 1982, Reg;
January 20,
2010, Susp.
East Greenwich, Township 340200 March 27, 1975, ......do.............. Do.
of, Gloucester County. Emerg; December
1, 1982, Reg;
January 20,
2010, Susp.
Elk, Township of, 340201 December 11, ......do.............. Do.
Gloucester County. 1975, Emerg;
October 21,
1983, Reg;
January 20,
2010, Susp.
Glassboro, Borough of, 340203 June 5, 1975, ......do.............. Do.
Gloucester County. Emerg; August
16, 1982, Reg;
January 20,
2010, Susp.
Greenwich, Township of, 340204 April 18, 1973, ......do.............. Do.
Gloucester County. Emerg; September
16, 1982, Reg;
January 20,
2010, Susp.
Harrison, Township of, 340205 April 7, 1975, ......do.............. Do.
Gloucester County. Emerg; April 1,
1983, Reg;
January 20,
2010, Susp.
Logan, Township of, 340206 June 29, 1976, ......do.............. Do.
Gloucester County. Emerg; January
6, 1983, Reg;
January 20,
2010, Susp.
Mantua, Township of, 340207 May 8, 1975, ......do.............. Do.
Gloucester County. Emerg; November
3, 1982, Reg;
January 20,
2010, Susp.
Monroe, Township of, 340208 August 12, 1974, ......do.............. Do.
Gloucester County. Emerg; January
20, 1982, Reg;
January 20,
2010, Susp.
Paulsboro, Borough of, 340210 May 13, 1975, ......do.............. Do.
Gloucester County. Emerg; September
2, 1982, Reg;
January 20,
2010, Susp.
Swedesboro, Borough of, 340519 July 23, 1975, ......do.............. Do.
Gloucester County. Emerg; July 5,
1982, Reg;
January 20,
2010, Susp.
Washington, Township of, 340213 February 1, 1974, ......do.............. Do.
Gloucester County. Emerg; November
17, 1982, Reg;
January 20,
2010, Susp.
West Deptford, Township of, 340214 December 22, ......do.............. Do.
Gloucester County. 1972, Emerg;
June 1, 1982,
Reg; January 20,
2010, Susp.
Westville, Borough of, 340215 July 2, 1975, ......do.............. Do.
Gloucester County. Emerg; May 1,
1980, Reg;
January 20,
2010, Susp.
Woolwich, Township of, 340217 May 13, 1975, ......do.............. Do.
Gloucester County. Emerg; September
2, 1982, Reg;
January 20,
2010, Susp.
Region III
West Virginia:
Blacksville, City of, 540140 October 28, 1975, ......do.............. Do.
Monongalia County. Emerg; December
26, 1978, Reg;
January 20,
2010, Susp.
Granville, Town of, 540272 April 7, 1975, ......do.............. Do.
Monongalia County. Emerg; December
15, 1983, Reg;
January 20,
2010, Susp.
Monongalia County, 540139 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1984, Reg;
January 20,
2010, Susp.
Morgantown, City of, 540141 January 23, 1975, ......do.............. Do.
Monongalia County. Emerg; August 1,
1979, Reg;
January 20,
2010, Susp.
Star City, Town of, 540273 April 18, 1975, ......do.............. Do.
Monongalia County. Emerg; August 1,
1978, Reg;
January 20,
2010, Susp.
Westover, City of, 540274 January 27, 1975, ......do.............. Do.
Monongalia County. Emerg; August 1,
1978, Reg;
January 20,
2010, Susp.
Region IV
Tennessee:
Hohenwald, City of, Lewis 470304 April 16, 1986, ......do.............. Do.
County. Emerg; July 2,
1987, Reg;
January 20,
2010, Susp.
Lewis County, 470103 November 25, ......do.............. Do.
Unincorporated Areas. 1998, Emerg;
June 1, 2005,
Reg; January 20,
2010, Susp.
Region V
Illinois:
Bourbonnais, Village of, 170337 July 24, 1975, ......do.............. Do.
Kankakee County. Emerg; September
29, 1978, Reg;
January 20,
2010, Susp.
Bradley, Village of, 170338 October 29, 1974, ......do.............. Do.
Kankakee County. Emerg; March 1,
1978, Reg;
January 20,
2010, Susp.
Kankakee, City of, Kankakee 170339 May 29, 1973, ......do.............. Do.
County. Emerg; April 17,
1978, Reg;
January 20,
2010, Susp.
Kankakee County, 170336 April 28, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; July 2,
1979, Reg;
January 20,
2010, Susp.
Manteno, Village of, 170878 May 16, 1975, ......do.............. Do.
Kankakee County. Emerg; November
2, 1977, Reg;
January 20,
2010, Susp.
[[Page 62]]
Momence, City of, Kankakee 170340 August 8, 1975, ......do.............. Do.
County. Emerg; November
2, 1977, Reg;
January 20,
2010, Susp.
Wisconsin: Clintonville, 550494 April 2, 1974, ......do.............. Do.
City of, Waupaca County. Emerg; September
19, 1984, Reg;
January 20,
2010, Susp.
Embarrass, Village of, 550495 May 2, 1975, ......do.............. Do.
Waupaca County. Emerg; June 17,
1986, Reg;
January 20,
2010, Susp.
Fremont, Village of, 550496 March 29, 1974, ......do.............. Do.
Waupaca County. Emerg; June 15,
1977, Reg;
January 20,
2010, Susp.
Iola, Village of, Waupaca 550497 September 29, ......do.............. Do.
County. 1975, Emerg;
September 4,
1985, Reg;
January 20,
2010, Susp.
Kendall, Village of, Monroe 550287 June 3, 1974, ......do.............. Do.
County. Emerg; September
18, 1986, Reg;
January 20,
2010, Susp.
Manawa, City of, Waupaca 550498 March 17, 1975, ......do.............. Do.
County. Emerg; May 4,
1988, Reg;
January 20,
2010, Susp.
Marion, City of, Waupaca 550499 September 24, ......do.............. Do.
County. 1974, Emerg; May
4, 1988, Reg;
January 20,
2010, Susp.
Melvina, Village of, Monroe 550288 March 2, 1981, ......do.............. Do.
County. Emerg; March 2,
1981, Reg;
January 20,
2010, Susp.
Monroe County, 550571 February 18, ......do.............. Do.
Unincorporated Areas. 1976, Emerg; May
3, 1982, Reg;
January 20,
2010, Susp.
New London, City of, 550308 March 10, 1972, ......do.............. Do.
Waupaca County. Emerg; March 15,
1977, Reg;
January 20,
2010, Susp.
Norwalk, Village of, Monroe 550289 September 25, ......do.............. Do.
County. 1975, Emerg; N/
A, Reg; January
20, 2010, Susp.
Sparta, City of, Monroe 550290 April 15, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg;
January 20,
2010, Susp.
Tomah, City of, Monroe 550291 May 27, 1975, ......do.............. Do.
County. Emerg; August
17, 1981, Reg;
January 20,
2010, Susp.
Waupaca, City of, Waupaca 550502 May 13, 1975, ......do.............. Do.
County. Emerg; August 3,
1989, Reg;
January 20,
2010, Susp.
Waupaca County, 550492 December 17, ......do.............. Do.
Unincorporated Areas. 1971, Emerg;
August 15, 1977,
Reg; January 20,
2010, Susp.
Weyauwega, City of, Waupaca 550503 May 15, 1975, ......do.............. Do.
County. Emerg; July 1,
1987, Reg;
January 20,
2010, Susp.
Wilton, Village of, Monroe 550292 July 28, 1975, ......do.............. Do.
County. Emerg; October
15, 1985, Reg;
January 20,
2010, Susp.
Wyeville, Village of, 550293 July 18, 1975, ......do.............. Do.
Monroe County. Emerg; March 1,
1984, Reg;
January 20,
2010, Susp.
Region VI
Arkansas:
Garland County, 050433 May 25, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1991, Reg;
January 20,
2010, Susp.
Hot Springs, City of, 050084 November 12, ......do.............. Do.
Garland County. 1971, Emerg;
December 18,
1979, Reg;
January 20,
2010, Susp.
Lonsdale, Town of, Garland 050586 N/A, Emerg; April ......do.............. Do.
County. 14, 2006, Reg;
January 20,
2010, Susp.
Region IX
California:
Port Hueneme, City of, 065051 May 14, 1971, ......do.............. Do.
Ventura County. Emerg; September
24, 1984, Reg;
January 20,
2010, Susp.
Thousand Oaks, City of, 060422 November 13, ......do.............. Do.
Ventura County. 1970, Emerg;
September 29,
1978, Reg;
January 20,
2010, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 63]]
Dated: December 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate.
[FR Doc. E9-31153 Filed 12-31-09; 8:45 am]
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