Suspension of Community Eligibility

Federal Register: June 17, 2009 (Volume 74, Number 115)

Rules and Regulations

Page 28624-28627

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr17jn09-11

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.

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

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

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.

* 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

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