Suspension of Community Eligibility
Federal Register: December 16, 2009 (Volume 74, Number 240)
Rules and Regulations
Page 66580-66583
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr16de09-12
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 64
Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8107
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
Page 66581
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:
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
West Virginia:
Charles Town, City of,
540066 April 24, 1975,
Dec. 18, 2009......... Dec. 18, 2009.
Jefferson.
Emerg; December 4, 1979, Reg;
December 18, 2009, Susp.
Harpers Ferry, Town of,
540067 September 25,
......do.............. Do.
Jefferson.
1975, Emerg;
August 24, 1984,
Reg; December 18, 2009, Susp.
Jefferson County,
540065 December 15,
......do.............. Do.
Unincorporated Areas.
1975, Emerg;
October 15, 1980, Reg;
December 18, 2009, Susp.
Ranson, City of, Jefferson.
540068 April 2, 1975,
......do.............. Do.
Emerg; June 15, 1979, Reg;
December 18, 2009, Susp.
Shepherdstown, Town of,
540069 February 14,
......do.............. Do.
Jefferson.
1975, Emerg;
March 18, 1980,
Reg; December 18, 2009, Susp.
Region V
Ohio:
Amesville, Village of,
390015 February 24,
......do.............. Do.
Athens.
1977, Emerg;
September 29, 1989, Reg;
December 18, 2009, Susp.
Athens, City of, Athens....
390016 November 22,
......do.............. Do. 1974, Emerg;
March 28, 1980,
Reg; December 18, 2009, Susp.
Athens County,
390760 N/A, Emerg;
......do.............. Do.
Unincorporated Areas.
October 31, 1991, Reg;
December 18, 2009, Susp.
Buchtel, Village of, Athens
390728 October 9, 1992, ......do.............. Do.
Emerg; March 1, 1995, Reg;
December 18, 2009, Susp.
Coalton, Village of,
390291 December 21,
......do.............. Do.
Jackson.
1978, Emerg; May 2, 1991, Reg;
December 18, 2009, Susp.
Glouster, Village of,
390018 July 18, 1975,
......do.............. Do.
Athens.
Emerg; July 19, 2001, Reg;
December 18, 2009, Susp.
Jackson, City of, Jackson..
390292 July 22, 1975,
......do.............. Do.
Emerg; June 1, 1984, Reg;
December 18, 2009, Susp.
Jackson County,
390290 March 19, 1976,
......do.............. Do.
Unincorporated Areas.
Emerg; August 19, 1985, Reg;
December 18, 2009, Susp.
Jacksonville, Village of,
390019 March 21, 1977,
......do.............. Do.
Athens.
Emerg; June 3, 1986, Reg;
December 18, 2009, Susp.
Nelsonville, City of,
390020 July 7, 1975,
......do.............. Do.
Athens.
Emerg; January 17, 1986, Reg;
December 18, 2009, Susp.
Trimble, Village of, Athens
390021 March 2, 1977,
......do.............. Do.
Emerg; November 1, 1995, Reg;
December 18, 2009, Susp.
Wellston, City of, Jackson.
390293 July 31, 1991,
......do.............. Do.
Emerg; February 1, 1994, Reg;
December 18, 2009, Susp.
Wisconsin:
Baraboo, City of, Sauk.....
550392 June 1, 1973,
......do.............. Do.
Emerg; August 1, 1979, Reg;
December 18, 2009, Susp.
LaValle, Village of, Sauk..
550395 March 5, 1975,
......do.............. Do.
Emerg; September 19, 1984, Reg;
December 18, 2009, Susp.
Lake Delton, Village of,
550394 February 19,
......do.............. Do.
Sauk.
1975, Emerg;
September 4, 1985, Reg;
December 18, 2009, Susp.
Lime Ridge, Village of,
550396 N/A, Emerg;
......do.............. Do.
Sauk.
September 1, 1987, Reg;
December 18, 2009, Susp.
Merrimac, Village of, Sauk.
550398 March 27, 1975,
......do.............. Do.
Emerg; March 7, 2001, Reg;
December 18, 2009, Susp.
North Freedom, Village of,
550399 April 22, 1975,
......do.............. Do.
Sauk.
Emerg; September 19, 1984, Reg;
December 18, 2009, Susp.
Plain, Village of, Sauk....
550400 December 23,
......do.............. Do. 1974, Emerg;
September 30, 1988, Reg;
December 18, 2009, Susp.
Prairie du Sac, Village of,
550401 September 29,
......do.............. Do.
Sauk.
2000, Emerg;
March 7, 2001,
Reg; December 18, 2009, Susp.
Reedsburg, City of, Sauk...
550402 May 21, 1975,
......do.............. Do.
Emerg; March 4, 1985, Reg;
December 18, 2009, Susp.
Rock Springs, Village of,
550403 April 30, 1975,
......do.............. Do.
Sauk.
Emerg; September 18, 1985, Reg;
December 18, 2009, Susp.
Sauk City, Village of, Sauk
550404 May 7, 1975,
......do.............. Do.
Emerg; March 7, 2001, Reg;
December 18, 2009, Susp.
Page 66582
Sauk County, Unincorporated
550391 September 7,
......do.............. Do.
Areas.
1973, Emerg;
September 17, 1980, Reg;
December 18, 2009, Susp.
Spring Green, Village of,
550405 August 27, 1975, ......do.............. Do.
Sauk.
Emerg; February 1, 1986, Reg;
December 18, 2009, Susp.
West Baraboo, Village of,
550407 July 24, 1975,
......do.............. Do.
Sauk.
Emerg; September 19, 1984, Reg;
December 18, 2009, Susp.
Wisconsin Dells, City of,
550065 July 17, 1975,
......do.............. Do.
Sauk.
Emerg; December 18, 1984, Reg;
December 18, 2009, Susp.
Region VI
Arkansas:
Garland, City of, Miller...
050138 April 1, 1975,
......do.............. Do.
Emerg; June 1, 1987, Reg;
December 18, 2009, Susp.
Miller County,
050451 March 31, 1983,
......do.............. Do.
Unincorporated Areas.
Emerg; April 1, 1988, Reg;
December 18, 2009, Susp.
Oklahoma:
Arcadia, Town of, Oklahoma.
400551 N/A, Emerg;
......do.............. Do.
August 15, 2005,
Reg; December 18, 2009, Susp.
Bethany, City of, Oklahoma.
400254 January 17, 1975, ......do.............. Do.
Emerg; July 31, 1979, Reg;
December 18, 2009, Susp.
Choctaw, City of Oklahoma..
400357 February 25,
......do.............. Do. 1976, Emerg;
April 15, 1981,
Reg; December 18, 2009, Susp.
Del City, City of, Oklahoma
400233 November 23,
......do.............. Do. 1973, Emerg;
March 18, 1980,
Reg; December 18, 2009, Susp.
Edmond, City of, Oklahoma..
400252 June 18, 1974,
......do.............. Do.
Emerg; May 15, 1980, Reg;
December 18, 2009, Susp.
Forest Park, City of,
400379 March 16, 1983,
......do.............. Do.
Oklahoma.
Emerg; July 3, 1985, Reg;
December 18, 2009, Susp.
Harrah, City of, Oklahoma..
400140 December 27,
......do.............. Do. 1977, Emerg;
July 16, 1980,
Reg; December 18, 2009, Susp.
Jones City, Town of,
400141 June 30, 1976,
......do.............. Do.
Oklahoma.
Emerg; January 2, 1981, Reg;
December 18, 2009, Susp.
Luther, Town of, Oklahoma..
400396 July 8, 1975,
......do.............. Do.
Emerg; February 17, 1988, Reg;
December 18, 2009, Susp.
Midwest City, City of,
400405 January 16, 1975, ......do.............. Do.
Oklahoma.
Emerg; May 19, 1981, Reg;
December 18, 2009, Susp.
Nichols Hills, City of,
400423 December 19,
......do.............. Do.
Oklahoma.
1974, Emerg;
January 20, 1982, Reg;
December 18, 2009, Susp.
Nicoma Park, Town of,
400424 July 8, 1980,
......do.............. Do.
Oklahoma.
Emerg; July 16, 1980, Reg;
December 18, 2009, Susp.
Oklahoma City, City of,
405378 March 19, 1971,
......do.............. Do.
Oklahoma.
Emerg; July 14, 1972, Reg;
December 18, 2009, Susp.
Spencer, City of, Oklahoma.
400412 June 12, 1975,
......do.............. Do.
Emerg; July 16, 1980, Reg;
December 18, 2009, Susp.
The Village, City of,
400420 March 11, 1975,
......do.............. Do.
Oklahoma.
Emerg; July 16, 1980, Reg;
December 18, 2009, Susp.
Valley Brook, Town of,
400445 April 7, 1975,
......do.............. Do.
Oklahoma.
Emerg; September 30, 1981, Reg;
December 18, 2009, Susp.
Warr Acres, City of,
400449 January 27, 1975, ......do.............. Do.
Oklahoma.
Emerg; December 16, 1980, Reg;
December 18, 2009, Susp.
Region VIII
Colorado:
Fairplay, Town of, Park....
080239 July 29, 1976,
......do.............. Do.
Emerg; August 5, 1986, Reg;
December 18, 2009, Susp.
Park County, Unincorporated
080139 May 13, 1975,
......do.............. Do.
Areas.
Emerg; April 1, 1987, Reg;
December 18, 2009, Susp.
North Dakota:
Abercrombie, City of,
380151 March 11, 1997,
......do.............. Do.
Richland.
Emerg; April 25, 1997, Reg;
December 18, 2009, Susp.
Antelope, Township of,
380663 January 13, 1983, ......do.............. Do.
Richland.
Emerg; August 5, 1986, Reg;
December 18, 2009, Susp.
Barrie, Township of,
380661 December 30,
......do.............. Do.
Richland.
1982, Emerg;
September 18, 1986, Reg;
December 18, 2009, Susp.
Belford, Township of,
380662 January 6, 1983, ......do.............. Do.
Richland.
Emerg; August 19, 1986, Reg;
December 18, 2009, Susp.
Brandenburg, Township of,
380622 January 26, 1979, ......do.............. Do.
Richland.
Emerg; April 1, 1986, Reg;
December 18, 2009, Susp.
Brightwood, Township of,
380664 February 23,
......do.............. Do.
Richland.
1983, Emerg;
December 11, 1985, Reg;
December 18, 2009, Susp.
Center, Township of,
380648 November 14,
......do.............. Do.
Richland.
1980, Emerg;
June 4, 1987,
Reg; December 18, 2009, Susp.
Page 66583
Dwight, Township of,
380657 August 9, 1982,
......do.............. Do.
Richland.
Emerg; September 29, 1986, Reg;
December 18, 2009, Susp.
Eagle, Township of,
380688 February 24,
......do.............. Do.
Richland.
1997, Emerg; May 4, 1998, Reg;
December 18, 2009, Susp.
Fairmount, Township of,
380168 August 8, 1979,
......do.............. Do.
Richland.
Emerg; April 1, 1986, Reg;
December 18, 2009, Susp.
Greendale, Township of,
380660 September 27,
......do.............. Do.
Richland.
1982, Emerg;
March 11, 1986,
Reg; December 18, 2009, Susp.
Ibsen, Township of,
380672 May 16, 1983,
......do.............. Do.
Richland.
Emerg; March 12, 1986, Reg;
December 18, 2009, Susp.
Lamars, Township of,
380658 August 9, 1982,
......do.............. Do.
Richland.
Emerg; March 11, 1986, Reg;
December 18, 2009, Susp.
Mooreton, Township of,
380654 July 12, 1982,
......do.............. Do.
Richland.
Emerg; September 18, 1986, Reg;
December 18, 2009, Susp.
Moran, Township of,
380666 March 10, 1983,
......do.............. Do.
Richland.
Emerg; September 18, 1986, Reg;
December 18, 2009, Susp.
Nansen, Township of,
380656 July 15, 1982,
......do.............. Do.
Richland.
Emerg; March 11, 1986, Reg;
December 18, 2009, Susp.
Richland County,
380098 February 26,
......do.............. Do.
Unincorporated Areas.
1997, Emerg;
June 1, 1998,
Reg; December 18, 2009, Susp.
Wahpeton, City of, Richland
380100 May 19, 1975,
......do.............. Do.
Emerg; June 4, 1987, Reg;
December 18, 2009, Susp.
Walcott, Township of,
380340 April 26, 1978,
......do.............. Do.
Richland.
Emerg; September 29, 1986, Reg;
December 18, 2009, Susp.
Waldo, Township of,
380659 September 10,
......do.............. Do.
Richland.
1982, Emerg;
December 11, 1985, Reg;
December 18, 2009, Susp.
Wyndmere, Township of,
380667 March 31, 1983,
......do.............. Do.
Richland.
Emerg; December 11, 1985, Reg;
December 18, 2009, Susp.
Region X
Oregon:
Depoe Bay, City of, Lincoln
410283 January 11, 1979, ......do.............. Do.
Emerg; October 15, 1980, Reg;
December 18, 2009, Susp.
Fairview, City of,
410180 March 31, 1975,
......do.............. Do.
Multnomah.
Emerg; September 30, 1987, Reg;
December 18, 2009, Susp.
Lincoln City, City of,
410130 December 22,
......do.............. Do.
Lincoln.
1972, Emerg;
April 17, 1978,
Reg; December 18, 2009, Susp.
Lincoln County,
410129 February 16,
......do.............. Do.
Unincorporated Areas.
1973, Emerg;
September 3, 1980, Reg;
December 18, 2009, Susp.
Multnomah County,
410179 February 4, 1972, ......do.............. Do.
Unincorporated Areas.
Emerg; June 15, 1982, Reg;
December 18, 2009, Susp.
Newport, City of, Lincoln..
410131 October 18, 1974, ......do.............. Do.
Emerg; April 15, 1980, Reg;
December 18, 2009, Susp.
Siletz, City of, Lincoln...
410132 May 30, 1975,
......do.............. Do.
Emerg; March 1, 1979, Reg;
December 18, 2009, Susp.
Toledo, City of, Lincoln...
410133 April 19, 1973,
......do.............. Do.
Emerg; March 1, 1979, Reg;
December 18, 2009, Susp.
Troutdale, City of,
410184 June 13, 1974,
......do.............. Do.
Multnomah.
Emerg; September 30, 1988, Reg;
December 18, 2009, Susp.
Waldport, City of, Lincoln.
410134 November 1, 1974, ......do.............. Do.
Emerg; March 15, 1979, Reg;
December 18, 2009, Susp.
Yachats, City of, Lincoln..
410135 July 18, 1975,
......do.............. Do.
Emerg; March 1, 1979, Reg;
December 18, 2009, Susp.
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: December 9, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
FR Doc. E9-29935 Filed 12-15-09; 8:45 am
BILLING CODE 9110-12-P
