Suspension of Community Eligibility

Federal Register: July 15, 2008 (Volume 73, Number 136)

Rules and Regulations

Page 40468-40470

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

DOCID:fr15jy08-7

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 64

Docket No. FEMA-8031

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.

Page 40469

Sec. 64.6 [Amended] 0 2. The tables published under the authority of Sec. 64.6 are amended as follows:

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 III

Pennsylvania:

Coal, Township of,

421936 Aug. 12, 1974,

July 17, 2008......... July 16, 2008

Northumberland County.

Emerg; July 3, 1990, Reg; July 16, 2008, Susp.

Delaware, Township of,

421010 Nov. 19, 1973,

......do*............. Do.

Northumberland County.

Emerg; Nov. 19, 1980, Reg; July 16, 2008, Susp.

East Cameron, Township of,

421937 Sept. 3, 1975,

......do.............. Do.

Northumberland County.

Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.

East Chillisquaque,

422599 Oct. 15, 1975,

......do.............. Do.

Township of,

Emerg; May 4,

Northumberland County.

1987, Reg; July 16, 2008, Susp.

Herndon, Township of,

420735 Dec. 6, 1973,

......do.............. Do.

Northumberland County.

Emerg; Aug. 1, 1979, Reg; July 16, 2008, Susp.

Jackson, Township of,

421938 Sept. 24, 1974,

......do.............. Do.

Northumberland County.

Emerg; Aug. 15, 1979, Reg; July 16, 2008, Susp.

Jordan, Township of,

421939 Nov., Emerg; Aug. ......do.............. Do.

Northumberland County.

15, 1980, Reg;

July 16, 2008,

Susp.

Kulpmont, Borough of,

420736 Feb. 1, 1974,

......do.............. Do.

Northumberland County.

Emerg; May 1, 1978, Reg; July 16, 2008, Susp.

Lewis, Township of,

421940 Mar. 8, 1976,

......do.............. Do.

Northumberland County.

Emerg; Apr. 1, 1986, Reg; July 16, 2008, Susp.

Little Mahanoy, Township

421015 Jan. 30, 1974,

......do.............. Do. of, Northumberland County.

Emerg; Sept. 5, 1979, Reg; July 16, 2008, Susp.

Lower Augusta, Township

421017 Jan. 28, 1974,

......do.............. Do. of, Northumberland County.

Emerg; Aug. 1, 1979, Reg; July 16, 2008, Susp.

Lower Mahanoy, Township

421941 July 25, 1975,

......do.............. Do. of, Northumberland County.

Emerg; Aug. 2, 1982, Reg; July 16, 2008, Susp.

McEwensville, City of,

421935 Feb. 14, 1983,

......do.............. Do.

Northumberland County.

Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.

Milton, Borough of,

425384 Apr. 9, 1971,

......do.............. Do.

Northumberland County.

Emerg; Mar. 10, 1972, Reg; July 16, 2008, Susp.

Mount Caramel, Borough of,

420738 Dec. 17, 1973,

......do.............. Do.

Northumberland County.

Emerg; July 17, 1978, Reg; July 16, 2008, Susp.

Mount Caramel, Township

421942 Oct. 24, 1974,

......do.............. Do. of, Northumberland County.

Emerg; May 3, 1990, Reg; July 16, 2008, Susp.

Northumberland, Borough

420739 June 6, 1974,

......do.............. Do. of, Northumberland County.

Emerg; Feb. 2, 1977, Reg; July 16, 2008, Susp.

Point, Township of,

421026 Nov. 19, 1973,

......do.............. Do.

Northumberland County.

Emerg; May 2, 1977, Reg; July 16, 2008, Susp.

Ralpho, Township of,

421027 Nov. 19, 1973,

......do.............. Do.

Northumberland County.

Emerg; Feb. 15, 1979, Reg; July 16, 2008, Susp.

Riverside, Borough of,

420740 Nov. 19, 1973,

......do.............. Do.

Northumberland County.

Emerg; Apr. 15, 1977, Reg; July 16, 2008, Susp.

Rockefeller, City of,

421152 Apr. 12, 1974,

......do.............. Do.

Northumberland County.

Emerg; Apr. 1, 1986, Reg; July 16, 2008, Susp.

Rush, Township of,

421943 Nov. 11, 1974,

......do.............. Do.

Northumberland County.

Emerg; Jan. 28, 1977, Reg; July 16, 2008, Susp.

Shamokin, City of,

420741 Apr. 5, 1974,

......do.............. Do.

Northumberland County.

Emerg; Dec. 16, 1980, Reg; July 16, 2008, Susp.

Shamokin, Township of,

421159 Apr. 23, 1974,

......do.............. Do.

Northumberland County.

Emerg; Mar. 5, 1990, Reg; July 16, 2008, Susp.

Snydertown, Borough of,

420742 May 27, 1975,

......do.............. Do.

Northumberland County.

Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.

Sunbury, City of,

420743 Sept. 3, 1971,

......do.............. Do.

Northumberland County.

Emerg; July 18, 1977, Reg; July 16, 2008, Susp.

Turbot, Township of,

420744 Mar. 16, 1973,

......do.............. Do.

Northumberland County.

Emerg; Aug. 15, 1979, Reg; July 16, 2008, Susp.

Upper Augusta, Township

420745 Jan. 19, 1973,

......do.............. Do. of, Northumberland County.

Emerg; May 2, 1977, Reg; July 16, 2008, Susp.

Upper Mahanoy, Township

421944 Oct. 24, 1975,

......do.............. Do. of, Northumberland County.

Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.

Washington, Township of,

421945 Nov. 7, 1975,

......do.............. Do.

Northumberland County.

Emerg; Dec. 15, 1978, Reg; July 16, 2008, Susp.

Page 40470

Watsontown, Township of,

420746 Nov. 19, 1973,

......do.............. Do.

Northumberland County.

Emerg; Jan. 2, 1980, Reg; July 16, 2008, Susp.

West Cameron, Township of,

421946 Oct. 15, 1975,

......do.............. Do.

Northumberland County.

Emerg; Jan. 17, 1990, Reg; July 16, 2008, Susp.

West Chillisquaque,

421033 Jan. 28, 1974,

......do.............. Do.

Township of,

Emerg; Apr. 15,

Northumberland County.

1977, Reg; July 16, 2008, Susp.

Zerbe, Township of,

421947 Aug. 20, 1974,

......do.............. Do.

Northumberland County.

Emerg; Jan. 17, 1990, Reg; July 16, 2008, Susp.

Region V

Illinois:

Chenoa, City of, McLean

170492 Mar. 27, 1975,

......do.............. Do.

County.

Emerg; June 11, 1976, Reg; July 16, 2008, Susp.

Colfax, City of, McLean

170493 June 17, 1975,

......do.............. Do.

County.

Emerg; Jan. 18, 2002, Reg; July 16, 2008, Susp.

Cooksville, Village of,

170494 July 1, 1975,

......do.............. Do.

McLean County.

Emerg; June 11, 1976, Reg; July 16, 2008, Susp.

Danvers, Village of,

170495 Aug. 7, 1975,

......do.............. Do.

McLean County.

Emerg; Aug. 19, 1986, Reg; July 16, 2008, Susp.

Downs, Village of, McLean

171072 May 31, 2000,

......do.............. Do.

County.

Emerg; Feb. 9, 2001, Reg; July 16, 2008, Susp.

Heyworth, Village of,

170497 Mar. 7, 1983,

......do.............. Do.

McLean County.

Emerg; Dec. 1, 1983, Reg; July 16, 2008, Susp.

Hudson, Village of, McLean

170498 May 12, 1975,

......do.............. Do.

County.

Emerg; June 11, 1976, Reg; July 16, 2008, Susp.

Leroy, City of, McLean

170499 May 6, 1975,

......do.............. Do.

County.

Emerg; May 2, 1980, Reg; July 16, 2008, Susp.

Lexington, City of, McLean

170500 Aug. 10, 1998,

......do.............. Do.

County.

Emerg; Feb. 9, 2001, Reg; July 16, 2008, Susp.

McLean, Village of, McLean

170501 Mar. 15, 1976,

......do.............. Do.

County.

Emerg; Sept. 30, 1976, Reg; July 16, 2008, Susp.

McLean County,

170931 Sept. 19, 1979,

......do.............. Do.

Unincorporated Areas.

Emerg; Dec. 18, 1985, Reg; July 16, 2008, Susp.

Normal, Town of, McLean

170502 June 19, 1975,

......do.............. Do.

County.

Emerg; Sept. 1, 1983, Reg; July 16, 2008, Susp.

Saybrook, Village of,

171074 ----, Emerg; Feb. ......do.............. Do.

McLean County.

24, 2003, Reg;

July 16, 2008,

Susp.

Towanda, Village of,

170504 May 12, 1975,

......do.............. Do.

McLean County.

Emerg; Sept. 4, 1987, Reg; July 16, 2008, Susp.

Region VIII

South Dakota:

Aurora, Town of, Brookings

460051 Jan. 16, 2007,

......do.............. Do.

County.

Emerg;--------,

Reg; July 16, 2008, Susp.

Brookings, City of,

460004 Apr. 16, 1974,

......do.............. Do.

Brookings County.

Emerg; Oct. 17, 1978, Reg; July 16, 2008, Susp.

Brookings County,

460253 July 19, 1987,

......do.............. Do.

Unincorporated Areas.

Emerg; Jan. 1, 1987, Reg; July 16, 2008, Susp.

Bruce, Town of, Brookings

460005 Aug. 20, 1975,

......do.............. Do.

County.

Emerg; Feb. 5, 1980, Reg; July 16, 2008, Susp.

*-do-=Ditto.

Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: July 1, 2008.

Michael K. Buckley,

Deputy Assistant Administrator for Mitigation, Department of Homeland

Security, Federal Emergency Management Agency.

FR Doc. E8-16013 Filed 7-14-08; 8:45 am

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