[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28624-28627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14271]


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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-8079]


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 28625]]



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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
----------------------------------------------------------------------------------------------------------------
           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.
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* 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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