[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Rules and Regulations]
[Pages 21267-21271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10602]


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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-8073]


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.

[[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:

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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 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]
BILLING CODE 9110-12-P