Suspensions of Community Eligibility

Federal Register: May 7, 2009 (Volume 74, Number 87)

Rules and Regulations

Page 21267-21271

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

DOCID:fr07my09-10

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 64

Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8073

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.

Page 21268

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:

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:

Bellefonte, Borough of,

420257 March 30, 1973,

May 4, 2009........... May 7, 3009.

Centre County.

Emerg; February 2, 1977, Reg; May 7, 3009, Susp.

Benner, Township of,

421460 April 7, 1975,

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

Centre County.

Emerg; February 2, 1977, Reg; May 7, 3009, Susp.

Boggs, Township of, Centre

421193 September 16,

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

County.

1975, Emerg;

August 15, 1989,

Reg; May 7, 3009,

Susp.

Burnside, Township of,

421461 April 17, 1975,

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

Centre County.

Emerg; January 17, 1986, Reg;

May 7, 3009,

Susp.

Collge, Township of,

420259 April 19, 1973,

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

Centre County.

Emerg; July 4, 1989, Reg; May 7, 3009, Susp.

Curtin, Township of,

421462 November 15, 1974, ......do.............. Do.

Centre County.

Emerg; June 5, 1989, Reg; May 7, 3009, Susp.

Ferguson, Township of,

420260 May 17, 1973,

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

Centre County.

Emerg; July 17, 1989, Reg; May 7, 3009, Susp.

Gregg, Township of, Centre

421194 April 29, 1975,

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

County.

Emerg; November 2, 1984, Reg; May 7, 3009, Susp.

Haines, Township of,

420261 March 30, 1973,

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

Centre County.

Emerg; August 1, 1978, Reg; May 7, 3009, Susp.

Halfmoon, Township of,

421463 April 30, 1975,

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

Centre County.

Emerg; October 13, 1978, Reg;

May 7, 3009,

Susp.

Harris, Township of,

420262 June 6, 1973,

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

Centre County.

Emerg; June 5, 1989, Reg; May 7, 3009, Susp.

Howard, Borough of, Centre

420263 May 13, 1975,

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

County.

Emerg; August 3, 1989, Reg; May 7, 3009, Susp.

Howard, Township of,

421464 February 9, 1976, ......do.............. Do.

Centre County.

Emerg; August 3, 1989, Reg; May 7, 3009, Susp.

Huston, Township of,

421195 September 15,

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

Centre County.

1975, Emerg; June 5, 1989, Reg; May 7, 3009, Susp.

Liberty, Township of,

421196 April 13, 1976,

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

Centre County.

Emerg; June 5, 1989, Reg; May 7, 3009, Susp.

Marion, Township of,

421465 July 29, 1975,

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

Centre County.

Emerg; November 2, 1984, Reg; May 7, 3009, Susp.

Miles, Township of, Centre

421197 March 10, 1975,

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

County.

Emerg; December 4, 1985, Reg; May 7, 3009, Susp.

Milesburg, Borough of,

420264 June 17, 1975,

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

Centre County.

Emerg; February 2, 1977, Reg; May 7, 3009, Susp.

Millheim, Borough of,

420265 July 3, 1975,

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

Centre County.

Emerg; June 5, 1989, Reg; May 7, 3009, Susp.

Patton, Township of,

420266 June 6, 1973,

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

Centre County.

Emerg; February 19, 1986, Reg;

May 7, 3009,

Susp.

Penn, Township of, Centre

421466 September 24,

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

County.

1974, Emerg;

October 17, 1989,

Reg; May 7, 3009,

Susp.

Philipsburg, Borough of,

420267 August 15, 1974,

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

Centre County.

Emerg; August 15, 1990, Reg; May 7, 3009, Susp.

Port Matilda, Borough of,

420268 January 7, 1975,

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

Centre County.

Emerg; November 3, 1989, Reg; May 7, 3009, Susp.

Potter, Township of,

421467 July 7, 1975,

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

Centre County.

Emerg; February 5, 1986, Reg; May 7, 3009, Susp.

Rush, Township of, Centre

421468 February 11, 1975, ......do.............. Do.

County.

Emerg; November 16, 1990, Reg;

May 7, 3009,

Susp.

Snow Shoe, Borough of,

421459 February 18, 1976, ......do.............. Do.

Centre County.

Emerg; August 10, 1979, Reg; May 7, 3009, Susp.

Snow Shoe, Township of,

421198 February 18, 1976, ......do.............. Do.

Centre County.

Emerg; June 19, 1989, Reg; May 7, 3009, Susp.

Page 21269

Spring, Township of,

420269 October 13, 1972, ......do.............. Do.

Centre County.

Emerg; April 15, 1977, Reg; May 7, 3009, Susp.

State College, Borough of,

420270 May 25, 1973,

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

Centre County.

Emerg; June 30, 1976, Reg; May 7, 3009, Susp.

Taylor, Township of,

421469 June 24, 1981,

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

Centre County.

Emerg; January 3, 1986, Reg; May 7, 3009, Susp.

Union, Township of, Centre

421470 July 23, 1975,

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

County.

Emerg; July 17, 1989, Reg; May 7, 3009, Susp.

Unionville, Borough of,

420272 November 11, 1975, ......do.............. Do.

Centre County.

Emerg; November 3, 1989, Reg; May 7, 3009, Susp.

Walker, Township of,

421471 September 16,

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

Centre County.

1974, Emerg; July 17, 1989, Reg;

May 7, 3009,

Susp.

Worth, Township of, Centre

421472 December 8, 1975, ......do.............. Do.

County.

Emerg; August 15, 1989, Reg; May 7, 3009, Susp.

Virginia: Virginia Beach, City

515531 September 11,

......do.............. Do. of, Independent City

1970, Emerg;

April 23, 1971,

Reg; May 7, 3009,

Susp.

Region IV

Florida:

Perry, City of, Taylor

120303 January 30, 1975, ......do.............. Do.

County.

Emerg; May 17, 1982, Reg; May 7, 3009, Susp.

Taylor County,

120302 April 25, 1975,

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

Unincorporated Areas.

Emerg; November 16, 1983, Reg;

May 7, 3009,

Susp.

Georgia:

Gray, City of, Jones

130237 May 29, 1975,

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

County.

Emerg; May 21, 1982, Reg; May 7, 3009, Susp.

Jones County,

130434 November 10, 1987, ......do.............. Do.

Unincorporated Areas.

Emerg; September 1, 1990, Reg; May 7, 3009, Susp.

North Carolina: Macon County,

370150 November 21, 2000, ......do.............. Do.

Unincorporated Areas

Emerg; June 1, 2001, Reg; May 7, 3009, Susp.

Tennessee:

Anderson County,

470217 August 5, 1975,

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

Unincorporated Areas.

Emerg; September 5, 1984, Reg; May 7, 3009, Susp.

Atoka, Town of, Tipton

470419 NA, Emerg; May 8, ......do.............. Do.

County.

2001, Reg; May 7, 3009, Susp.

Calhoun, City of, McMinn

470232 July 31, 1975,

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

County.

Emerg; July 3, 1986, Reg; May 7, 3009, Susp.

Chester County,

470348 November 17, 1994, ......do.............. Do.

Unincorporated Areas.

Emerg; September 28, 2007, Reg;

May 7, 3009,

Susp.

Clinton, City of, Anderson

470001 July 28, 1972,

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

County.

Emerg; July 18, 1977, Reg; May 7, 3009, Susp.

Henderson, City of,

470029 July 25, 1975,

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

Chester County.

Emerg; March 18, 1986, Reg; May 7, 3009, Susp.

Lake City, Town of,

475436 October 23, 1970, ......do.............. Do.

Anderson County.

Emerg; February 26, 1971, Reg;

May 7, 3009,

Susp.

Maury County,

470123 November 29, 1985, ......do.............. Do.

Unincorporated Areas.

Emerg; November 3, 1989, Reg; May 7, 3009, Susp.

Munford, City of, Tipton

470422 NA, Emerg; June

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

County.

30, 2003, Reg;

May 7, 3009,

Susp.

Norris, City of, Anderson

470003 March 11, 1975,

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

County.

Emerg; June 25, 1976, Reg; May 7, 3009, Susp.

Oak Ridge, City of,

475441 December 17, 1971, ......do.............. Do.

Anderson, Roane Counties.

Emerg; October 27, 1972, Reg;

May 7, 3009,

Susp.

Tipton County,

470340 July 3, 1975,

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

Unincorporated Areas.

Emerg; April 2, 1991, Reg; May 7, 3009, Susp.

Region V

Illinois:

Cairo, City of, Alexander

170004 November 5, 1971, ......do.............. Do.

County.

Emerg; February 1, 1978, Reg; May 7, 3009, Susp.

East Cape Girardeau,

170916 May 5, 1976,

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

Village of, Alexander

Emerg; December

County.

4, 1985, Reg; May 7, 3009, Susp.

Menard County,

170505 May 1, 1975,

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

Unincorporated Areas.

Emerg; September 2, 1988, Reg; May 7, 3009, Susp.

Petersburg, City of,

170506 August 11, 1975,

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

Menard County.

Emerg; September 18, 1975, Reg;

May 7, 3009,

Susp.

Tallula, Village of,

170803 June 3, 1976,

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

Menard County.

Emerg; May 25, 1978, Reg; May 7, 3009, Susp.

Michigan:

Baltimore, Township of,

260666 March 12, 1976,

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

Barry County.

Emerg; July 18, 1985, Reg; May 7, 3009, Susp.

Page 21270

Castleton, Township of,

260641 September 26,

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

Barry County.

1975, Emerg; May 17, 1988, Reg;

May 7, 3009,

Susp.

Hastings, City of, Barry

260314 January 22, 1976, ......do.............. Do.

County.

Emerg; February 18, 1981, Reg;

May 7, 3009,

Susp.

Hastings, Township of,

260648 November 19, 1975, ......do.............. Do.

Barry County.

Emerg; June 15, 1981, Reg; May 7, 3009, Susp.

Homer, Township of,

260989 May 14, 1997,

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

Midland County.

Emerg; NA, Reg;

May 7, 3009,

Susp.

Hope, Township of, Barry

260681 June 7, 1976,

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

County.

Emerg; February 6, 1984, Reg; May 7, 3009, Susp.

Irving, Township of, Barry

260354 January 31, 1991, ......do.............. Do.

County.

Emerg; January 1, 1992, Reg; May 7, 3009, Susp.

Johnstown, Township of,

260355 July 15, 1976,

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

Barry County.

Emerg; April 2, 1986, Reg; May 7, 3009, Susp.

Maple Grove, Township of,

260644 October 30, 1975, ......do.............. Do.

Barry County.

Emerg; February 1, 1986, Reg; May 7, 3009, Susp.

Midland, City of, Midland,

260140 January 20, 1975, ......do.............. Do.

Bay Counties.

Emerg; June 15, 1984, Reg; May 7, 3009, Susp.

Midland, Township of,

260857 April 12, 2007,

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

Midland County.

Emerg; NA, Reg;

May 7, 3009,

Susp.

Nashville, Village of,

260902 July 29, 1992,

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

Barry County.

Emerg; December 6, 1999, Reg; May 7, 3009, Susp.

Rutland, Township of,

260656 February 13, 1976, ......do.............. Do.

Barry County.

Emerg; August 19, 1986, Reg; May 7, 3009, Susp.

Thornapple, Township of,

260630 August 26, 1975,

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

Barry County.

Emerg; February 1, 1986, Reg; May 7, 3009, Susp.

Ohio:

Bowerston, Village of,

390257 August 8, 1975,

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

Harrison County.

Emerg; March 4, 1987, Reg; May 7, 3009, Susp.

Harrison County,

390255 July 6, 1976,

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

Unincorporated Areas.

Emerg; NA, Reg;

May 7, 3009,

Susp.

Jewett, Village of,

390259 June 17, 1975,

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

Harrison County.

Emerg; July 4, 1988, Reg; May 7, 3009, Susp.

Scio, Village of, Harrison

390261 May 30, 1975,

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

County.

Emerg; March 4, 1987, Reg; May 7, 3009, Susp.

Region VII

Missouri:

Morgan County,

290244 February 28, 1997, ......do.............. Do.

Unincorporated Areas.

Emerg; December 1, 2001, Reg; May 7, 3009, Susp.

Versailles, City of,

290247 November 11, 1975, ......do.............. Do.

Morgan County.

Emerg; September 18, 1985, Reg;

May 7, 3009,

Susp.

Nebraska:

Dodge County,

310068 April 18, 1975,

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

Unincorporated Areas.

Emerg; August 17, 1981, Reg; May 7, 3009, Susp.

Hooper, City of, Dodge

310379 March 15, 1976,

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

County.

Emerg; August 4, 1987, Reg; May 7, 3009, Susp.

Scribner, City of, Dodge

310071 May 30, 1975,

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

County.

Emerg; November 1, 1979, Reg; May 7, 3009, Susp.

Winslow, Village of, Dodge

310410 March 7, 1975,

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

County.

Emerg; December 4, 1979, Reg; May 7, 3009, Susp.

Region IX

California:

Mill Valley, City of,

060177 January 21, 1972, ......do.............. Do.

Marin County.

Emerg; January 3, 1979, Reg; May 7, 3009, Susp.

Tehama County,

065064 April 23, 1971,

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

Unincorporated Areas.

Emerg; June 1, 1982, Reg; May 7, 3009, Susp.

* do =Ditto.

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

Page 21271

Dated: April 23, 2009.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of

Homeland Security, Federal Emergency Management Agency.

FR Doc. E9-10602 Filed 5-6-09; 8:45 am

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