75 FR 1 pgs. 60-63 - Suspension of Community Eligibility
Type: RULEVolume: 75Number: 1Pages: 60 - 63
Docket number: [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8111]
FR document: [FR Doc. E9-31153 Filed 12-31-09; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8111]
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.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64-[AMENDED]
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.
§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows:
| State and location | Community No. | Effective date authorization/ cancellation of sale of flood insurance in Community | Current effective map date | Date certain Federal assistance no longer available in SFHAs |
|---|---|---|---|---|
| Region II | ||||
| New Jersey: | ||||
| Clayton, Borough of, Gloucester County | 340198 | May 15, 1973, Emerg; March 11, 1983, Reg; January 20, 2010, Susp | Jan. 20, 2010 | Jan. 20, 2010. |
| Deptford, Township of, Gloucester County | 340199 | June 16, 1975, Emerg; November 17, 1982, Reg; January 20, 2010, Susp | ......do* | Do. |
| East Greenwich, Township of, Gloucester County | 340200 | March 27, 1975, Emerg; December 1, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Elk, Township of, Gloucester County | 340201 | December 11, 1975, Emerg; October 21, 1983, Reg; January 20, 2010, Susp | ......do | Do. |
| Glassboro, Borough of, Gloucester County | 340203 | June 5, 1975, Emerg; August 16, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Greenwich, Township of, Gloucester County | 340204 | April 18, 1973, Emerg; September 16, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Harrison, Township of, Gloucester County | 340205 | April 7, 1975, Emerg; April 1, 1983, Reg; January 20, 2010, Susp | ......do | Do. |
| Logan, Township of, Gloucester County | 340206 | June 29, 1976, Emerg; January 6, 1983, Reg; January 20, 2010, Susp | ......do | Do. |
| Mantua, Township of, Gloucester County | 340207 | May 8, 1975, Emerg; November 3, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Monroe, Township of, Gloucester County | 340208 | August 12, 1974, Emerg; January 20, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Paulsboro, Borough of, Gloucester County | 340210 | May 13, 1975, Emerg; September 2, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Swedesboro, Borough of, Gloucester County | 340519 | July 23, 1975, Emerg; July 5, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Washington, Township of, Gloucester County | 340213 | February 1, 1974, Emerg; November 17, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| West Deptford, Township of, Gloucester County | 340214 | December 22, 1972, Emerg; June 1, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Westville, Borough of, Gloucester County | 340215 | July 2, 1975, Emerg; May 1, 1980, Reg; January 20, 2010, Susp | ......do | Do. |
| Woolwich, Township of, Gloucester County | 340217 | May 13, 1975, Emerg; September 2, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| Region III | ||||
| West Virginia: | ||||
| Blacksville, City of, Monongalia County | 540140 | October 28, 1975, Emerg; December 26, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| Granville, Town of, Monongalia County | 540272 | April 7, 1975, Emerg; December 15, 1983, Reg; January 20, 2010, Susp | ......do | Do. |
| Monongalia County, Unincorporated Areas | 540139 | October 31, 1975, Emerg; May 1, 1984, Reg; January 20, 2010, Susp | ......do | Do. |
| Morgantown, City of, Monongalia County | 540141 | January 23, 1975, Emerg; August 1, 1979, Reg; January 20, 2010, Susp | ......do | Do. |
| Star City, Town of, Monongalia County | 540273 | April 18, 1975, Emerg; August 1, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| Westover, City of, Monongalia County | 540274 | January 27, 1975, Emerg; August 1, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| Region IV | ||||
| Tennessee: | ||||
| Hohenwald, City of, Lewis County | 470304 | April 16, 1986, Emerg; July 2, 1987, Reg; January 20, 2010, Susp | ......do | Do. |
| Lewis County, Unincorporated Areas | 470103 | November 25, 1998, Emerg; June 1, 2005, Reg; January 20, 2010, Susp | ......do | Do. |
| Region V | ||||
| Illinois: | ||||
| Bourbonnais, Village of, Kankakee County | 170337 | July 24, 1975, Emerg; September 29, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| Bradley, Village of, Kankakee County | 170338 | October 29, 1974, Emerg; March 1, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| Kankakee, City of, Kankakee County | 170339 | May 29, 1973, Emerg; April 17, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| Kankakee County, Unincorporated Areas | 170336 | April 28, 1972, Emerg; July 2, 1979, Reg; January 20, 2010, Susp | ......do | Do. |
| Manteno, Village of, Kankakee County | 170878 | May 16, 1975, Emerg; November 2, 1977, Reg; January 20, 2010, Susp | ......do | Do. |
| Momence, City of, Kankakee County | 170340 | August 8, 1975, Emerg; November 2, 1977, Reg; January 20, 2010, Susp | ......do | Do. |
| Wisconsin: Clintonville, City of, Waupaca County | 550494 | April 2, 1974, Emerg; September 19, 1984, Reg; January 20, 2010, Susp | ......do | Do. |
| Embarrass, Village of, Waupaca County | 550495 | May 2, 1975, Emerg; June 17, 1986, Reg; January 20, 2010, Susp | ......do | Do. |
| Fremont, Village of, Waupaca County | 550496 | March 29, 1974, Emerg; June 15, 1977, Reg; January 20, 2010, Susp | ......do | Do. |
| Iola, Village of, Waupaca County | 550497 | September 29, 1975, Emerg; September 4, 1985, Reg; January 20, 2010, Susp | ......do | Do. |
| Kendall, Village of, Monroe County | 550287 | June 3, 1974, Emerg; September 18, 1986, Reg; January 20, 2010, Susp | ......do | Do. |
| Manawa, City of, Waupaca County | 550498 | March 17, 1975, Emerg; May 4, 1988, Reg; January 20, 2010, Susp | ......do | Do. |
| Marion, City of, Waupaca County | 550499 | September 24, 1974, Emerg; May 4, 1988, Reg; January 20, 2010, Susp | ......do | Do. |
| Melvina, Village of, Monroe County | 550288 | March 2, 1981, Emerg; March 2, 1981, Reg; January 20, 2010, Susp | ......do | Do. |
| Monroe County, Unincorporated Areas | 550571 | February 18, 1976, Emerg; May 3, 1982, Reg; January 20, 2010, Susp | ......do | Do. |
| New London, City of, Waupaca County | 550308 | March 10, 1972, Emerg; March 15, 1977, Reg; January 20, 2010, Susp | ......do | Do. |
| Norwalk, Village of, Monroe County | 550289 | September 25, 1975, Emerg; N/A, Reg; January 20, 2010, Susp | ......do | Do. |
| Sparta, City of, Monroe County | 550290 | April 15, 1975, Emerg; August 3, 1981, Reg; January 20, 2010, Susp | ......do | Do. |
| Tomah, City of, Monroe County | 550291 | May 27, 1975, Emerg; August 17, 1981, Reg; January 20, 2010, Susp | ......do | Do. |
| Waupaca, City of, Waupaca County | 550502 | May 13, 1975, Emerg; August 3, 1989, Reg; January 20, 2010, Susp | ......do | Do. |
| Waupaca County, Unincorporated Areas | 550492 | December 17, 1971, Emerg; August 15, 1977, Reg; January 20, 2010, Susp | ......do | Do. |
| Weyauwega, City of, Waupaca County | 550503 | May 15, 1975, Emerg; July 1, 1987, Reg; January 20, 2010, Susp | ......do | Do. |
| Wilton, Village of, Monroe County | 550292 | July 28, 1975, Emerg; October 15, 1985, Reg; January 20, 2010, Susp | ......do | Do. |
| Wyeville, Village of, Monroe County | 550293 | July 18, 1975, Emerg; March 1, 1984, Reg; January 20, 2010, Susp | ......do | Do. |
| Region VI | ||||
| Arkansas: | ||||
| Garland County, Unincorporated Areas | 050433 | May 25, 1990, Emerg; February 15, 1991, Reg; January 20, 2010, Susp | ......do | Do. |
| Hot Springs, City of, Garland County | 050084 | November 12, 1971, Emerg; December 18, 1979, Reg; January 20, 2010, Susp | ......do | Do. |
| Lonsdale, Town of, Garland County | 050586 | N/A, Emerg; April 14, 2006, Reg; January 20, 2010, Susp | ......do | Do. |
| Region IX | ||||
| California: | ||||
| Port Hueneme, City of, Ventura County | 065051 | May 14, 1971, Emerg; September 24, 1984, Reg; January 20, 2010, Susp | ......do | Do. |
| Thousand Oaks, City of, Ventura County | 060422 | November 13, 1970, Emerg; September 29, 1978, Reg; January 20, 2010, Susp | ......do | Do. |
| *......do = Ditto. | ||||
| Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. | ||||
Dated: December 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate.
[FR Doc. E9-31153 Filed 12-31-09; 8:45 am]
BILLING CODE 9110-12-P