Suspension of Community Eligibility, 12634-12637 [E9-6587]
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<![CDATA[
12634
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations
Community
No.
State and location
White Hall, City of, Jefferson County ....
050375
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
August 11, 1975, Emerg; September 16,
1988, Reg; Date of publication in the
Federal Register, Susp.
......do ...............
Date certain
Federal assistance no longer
available in
SFHAs
Do.
* do=Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
Dated: March 11, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation
Directorate, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E9–6671 Filed 3–24–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8061]
Suspension of Community Eligibility
sroberts on PROD1PC70 with RULES
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 from the NFIP 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
VerDate Nov<24>2008
00:39 Mar 25, 2009
Jkt 217001
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, FEMA is suspending
these communities from the NFIP on the
effective date identified in the third
column of the chart below. 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.
FEMA will publish in the Federal
Register a notice withdrawing the
suspension of those communities that
submit the required documention before
the applicable suspension date(s).
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
PO 00000
Frm 00100
Fmt 4700
Sfmt 4700
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 6month, 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.
E:\FR\FM\25MRR1.SGM
25MRR1
12635
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations
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:
■
Region IV
Alabama:
Monroe County, Unincorporated Areas
010325
Monroeville, City of, Monroe County .....
Florida:
Chattahoochee, City of, Gadsden
County.
Columbia
County,
Unincorporated
Areas.
Gadsden County, Unincorporated Areas
010173
120092
120070
120091
Havana, Town of, Gadsden County ......
120411
Lake Butler, City of, Union County ........
120595
Lake City, City of, Columbia County .....
120406
Quincy, City of, Gadsden County ..........
120093
Union County, Unincorporated Areas ...
120422
Worthington Springs, City of, Union
County.
North Carolina:
Aulander, City of, Bertie County ............
120594
Avery County, Unincorporated Areas ....
370010
Bakersville, Town of, Mitchell County ...
370162
Bertie County, Unincorporated Areas ...
370290
Chowan County, Unincorporated Areas
370301
Conway, Town of, Northampton County
370174
Gaston, Town of, Northampton County
370413
Jackson, Town of, Northampton County
370175
Lasker, Town of, Northampton County
370580
McDowell
County,
Unincorporated
Areas.
Mitchell County, Unincorporated Areas
370148
370018
370161
sroberts on PROD1PC70 with RULES
Northampton County, Unincorporated
Areas.
Roxobel, Town of, Bertie County ..........
370173
Severn, Town of, Northampton County
370422
Spruce Pine, Town of, Mitchell County
370163
Windsor, Town of, Bertie County ..........
370019
VerDate Nov<24>2008
00:39 Mar 25, 2009
Jkt 217001
PO 00000
370605
Frm 00101
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
1. The authority citation for part 64
continues to read as follows:
Community
No.
State and location
§ 64.6
PART 64—[AMENDED]
■
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.
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
December 21, 1978, Emerg; June 4, 1990,
Reg; March 25, 2009, Susp.
July 2, 1975, Emerg; March 18, 1985, Reg;
March 25, 2009, Susp.
Feb. 04, 2009 ...
......*do ..............
Do.
June 21, 1974, Emerg; September 4, 1987,
Reg; March 25, 2009, Susp.
December 16, 1975, Emerg; January 6,
1988, Reg; March 25, 2009, Susp.
July 10, 1975, Emerg; May 2, 1991, Reg;
March 25, 2009, Susp.
June 12, 1979, Emerg; June 17, 1986, Reg;
March 25, 2009, Susp.
March 24, 1978, Emerg; July 3, 1986, Reg;
March 25, 2009, Susp.
October 2, 1975, Emerg; January 6, 1988,
Reg; March 25, 2009, Susp.
July 11, 1975, Emerg; February 1, 1987,
Reg; March 25, 2009, Susp.
August 22, 1979, Emerg; August 4, 1988,
Reg; March 25, 2009, Susp.
May 29, 1980, Emerg; June 3, 1986, Reg;
March 25, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
June 27, 2000, Emerg; — Reg; March 25,
2009, Susp.
February 12, 1976, Emerg; September 28,
1990, Reg; March 25, 2009, Susp.
October 16, 1979, Emerg; May 1, 1987,
Reg; March 25, 2009, Susp.
December 4, 1985, Emerg; December 4,
1985, Reg; March 25, 2009, Susp.
August 25, 1977, Emerg; July 3, 1985, Reg;
March 25, 2009, Susp.
June 10, 1975, Emerg; August 1, 1987,
Reg; March 25, 2009, Susp.
January 9, 1980, Emerg; — Reg; March 25,
2009, Susp.
March 29, 1976, Emerg; July 2, 1987, Reg;
March 25, 2009, Susp.
February 10, 2006, Emerg; — Reg; March
25, 2009, Susp.
January 23, 1974, Emerg; July 15, 1988,
Reg; March 25, 2009, Susp.
July 18, 1979, Emerg; September 4, 1986,
Reg; March 25, 2009, Susp.
July 24, 1975, Emerg; November 4, 1988,
Reg; March 25, 2009, Susp.
November 26, 2002, Emerg; — Reg; March
25, 2009, Susp.
February 13, 1984, Emerg; February 1,
1987, Reg; March 25, 2009, Susp.
July 7, 1975, Emerg; September 2, 1988,
Reg; March 25, 2009, Susp.
March 14, 1974, Emerg; July 18, 1977,
Reg; March 25, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Fmt 4700
Sfmt 4700
E:\FR\FM\25MRR1.SGM
25MRR1
Mar. 25, 2009.
12636
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations
Community
No.
State and location
Woodland, Town of, Northampton
County.
South Carolina: James Island, Town of,
Charleston County
Tennessee:
Jasper, Town of, Marion County ...........
370177
Kimball, Town of, Marion County ..........
470116
Marion County, Unincorporated Areas ..
470114
New Hope, City of, Marion County .......
470377
South Pittsburg, City of, Marion County
475447
Region V
Illinois:
Joliet, City of, Kendall County ...............
450263
475429
170702
Kendall County, Unincorporated Areas
170341
Lisbon, Village of, Kendall County ........
170342
Millbrook, Village of, Kendall County ....
Millington, Village of, Kendall County ....
171193
170343
Minooka, Village of, Kendall County .....
171019
Newark, Village of, Kendall County .......
170344
Oswego, Village of, Kendall County ......
170345
Plainfield, Village of, Kendall County ....
170771
Plano, City of, Kendall County ..............
170346
Wisconsin:
Appleton, City of, Calumet County ........
555542
Brillion, City of, Calumet County ...........
550036
Calumet County, Unincorporated Areas
550035
Chilton, City of, Calumet County ...........
550037
Kiel, City of, Calumet County ................
550239
Menasha, City of, Calumet County .......
550510
New Holstein, City of, Calumet County
550039
Potter, Village of, Calumet County ........
550609
Stockbridge, Village of, Calumet County
550040
Region VII
Nebraska:
McCook, City of, Red Willow County ....
310181
Red Willow County, Unincorporated
Areas.
310469
Current effective
map date
March 27, 1979, Emerg; March 1, 1987,
Reg; March 25, 2009, Susp.
June 30, 1970, Emerg; April 23, 1971, Reg;
March 25, 2009, Susp.
......do ...............
July 30, 1971, Emerg; February 26, 1972,
Reg; March 25, 2009, Susp.
July 1, 1975, Emerg; May 19, 1987, Reg;
March 25, 2009, Susp.
October 23, 1973, Emerg; May 15, 1980,
Reg; March 25, 2009, Susp.
October 5, 1981, Emerg; September 27,
1985, Reg; March 25, 2009, Susp.
July 9, 1971, Emerg; April 14, 1972, Reg;
March 25, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 13, 1973, Emerg; February 4, 1981,
Reg; March 25, 2009, Susp.
July 5, 1973, Emerg; July 19, 1982, Reg;
March 25, 2009, Susp.
June 11, 1982, Emerg; June 11, 1982, Reg;
March 25, 2009, Susp.
— Emerg; — Reg; March 25, 2009, Susp.
May 28, 1975, Emerg; June 1, 1982, Reg;
March 25, 2009, Susp.
— Emerg; March 12, 1992, Reg; March 25,
2009, Susp.
April 28, 1975, Emerg; June 1, 1982, Reg;
March 25, 2009, Susp.
April 16, 1975, Emerg; June 1, 1982, Reg;
March 25, 2009, Susp.
May 21, 1975, Emerg; November 17, 1982,
Reg; March 25, 2009, Susp.
March 7, 1975, Emerg; September 30,
1976, Reg; March 25, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
......do ...............
Do.
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 23, 1971, Emerg; April 6, 1973, Reg;
March 25, 2009, Susp.
April 22, 1975, Emerg; June 15, 1981, Reg;
March 25, 2009, Susp.
November 26, 1976, Emerg; May 3, 1982,
Reg; March 25, 2009, Susp.
June 11, 1975, Emerg; March 16, 1981,
Reg; March 25, 2009, Susp.
July 10, 1975, Emerg; January 3, 1985,
Reg; March 25, 2009, Susp.
April 25, 1973, Emerg; April 3, 1978, Reg;
March 25, 2009, Susp.
October 16, 1974, Emerg; July 2, 1981,
Reg; March 25, 2009, Susp.
— Emerg; July 30, 1996, Reg; March 25,
2009, Susp.
August 25, 1975, Emerg; May 3, 1982,
Reg; March 25, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 6, 1978, Emerg; May 2, 1983,
Reg; March 25, 2009, Susp.
June 18, 1984, Emerg; May 1, 1988, Reg;
March 25, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
sroberts on PROD1PC70 with RULES
00:39 Mar 25, 2009
Jkt 217001
PO 00000
Frm 00102
Fmt 4700
Sfmt 4700
E:\FR\FM\25MRR1.SGM
Do.
......do.
* do = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
VerDate Nov<24>2008
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
25MRR1
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations
Dated: January 15, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation
Directorate, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E9–6587 Filed 3–24–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8065]
Suspension of Community Eligibility
sroberts on PROD1PC70 with RULES
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 from the NFIP 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
VerDate Nov<24>2008
00:39 Mar 25, 2009
Jkt 217001
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, FEMA is suspending
these communities from the NFIP on the
effective date identified in the third
column of the chart below. 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.
FEMA will publish in the Federal
Register a notice withdrawing the
suspension of those communities that
submit the required documentation
before the applicable suspension date(s).
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 6month, 90-day, and 30-day notification
letters addressed to the Chief Executive
Officer stating that the community will
PO 00000
Frm 00103
Fmt 4700
Sfmt 4700
12637
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:
■
E:\FR\FM\25MRR1.SGM
25MRR1
]]>Agencies
[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12634-12637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6587]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8061]
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 from the NFIP 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, FEMA is suspending these
communities from the NFIP on the effective date identified in the third
column of the chart below. 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. FEMA will publish in the Federal Register a notice
withdrawing the suspension of those communities that submit the
required documention before the applicable suspension date(s).
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.
[[Page 12635]]
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 IV
Alabama:
Monroe County, 010325 December 21, 1978, Feb. 04, 2009......... Mar. 25, 2009.
Unincorporated Areas. Emerg; June 4,
1990, Reg; March
25, 2009, Susp.
Monroeville, City of, 010173 July 2, 1975, ......*do............. Do.
Monroe County. Emerg; March 18,
1985, Reg; March
25, 2009, Susp.
Florida:
Chattahoochee, City of, 120092 June 21, 1974, ......do.............. Do.
Gadsden County. Emerg; September
4, 1987, Reg;
March 25, 2009,
Susp.
Columbia County, 120070 December 16, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January 6,
1988, Reg; March
25, 2009, Susp.
Gadsden County, 120091 July 10, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 2,
1991, Reg; March
25, 2009, Susp.
Havana, Town of, Gadsden 120411 June 12, 1979, ......do.............. Do.
County. Emerg; June 17,
1986, Reg; March
25, 2009, Susp.
Lake Butler, City of, 120595 March 24, 1978, ......do.............. Do.
Union County. Emerg; July 3,
1986, Reg; March
25, 2009, Susp.
Lake City, City of, 120406 October 2, 1975, ......do.............. Do.
Columbia County. Emerg; January 6,
1988, Reg; March
25, 2009, Susp.
Quincy, City of, Gadsden 120093 July 11, 1975, ......do.............. Do.
County. Emerg; February
1, 1987, Reg;
March 25, 2009,
Susp.
Union County, 120422 August 22, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; August 4,
1988, Reg; March
25, 2009, Susp.
Worthington Springs, City 120594 May 29, 1980, ......do.............. Do.
of, Union County. Emerg; June 3,
1986, Reg; March
25, 2009, Susp.
North Carolina:
Aulander, City of, Bertie 370018 June 27, 2000, ......do.............. Do.
County. Emerg; -- Reg;
March 25, 2009,
Susp.
Avery County, 370010 February 12, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 1990, Reg;
March 25, 2009,
Susp.
Bakersville, Town of, 370162 October 16, 1979, ......do.............. Do.
Mitchell County. Emerg; May 1,
1987, Reg; March
25, 2009, Susp.
Bertie County, 370290 December 4, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; December
4, 1985, Reg;
March 25, 2009,
Susp.
Chowan County, 370301 August 25, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; July 3,
1985, Reg; March
25, 2009, Susp.
Conway, Town of, 370174 June 10, 1975, ......do.............. Do.
Northampton County. Emerg; August 1,
1987, Reg; March
25, 2009, Susp.
Gaston, Town of, 370413 January 9, 1980, ......do.............. Do.
Northampton County. Emerg; -- Reg;
March 25, 2009,
Susp.
Jackson, Town of, 370175 March 29, 1976, ......do.............. Do.
Northampton County. Emerg; July 2,
1987, Reg; March
25, 2009, Susp.
Lasker, Town of, 370580 February 10, 2006, ......do.............. Do.
Northampton County. Emerg; -- Reg;
March 25, 2009,
Susp.
McDowell County, 370148 January 23, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 15,
1988, Reg; March
25, 2009, Susp.
Mitchell County, 370161 July 18, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; September
4, 1986, Reg;
March 25, 2009,
Susp.
Northampton County, 370173 July 24, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; November
4, 1988, Reg;
March 25, 2009,
Susp.
Roxobel, Town of, Bertie 370605 November 26, 2002, ......do.............. Do.
County. Emerg; -- Reg;
March 25, 2009,
Susp.
Severn, Town of, 370422 February 13, 1984, ......do.............. Do.
Northampton County. Emerg; February
1, 1987, Reg;
March 25, 2009,
Susp.
Spruce Pine, Town of, 370163 July 7, 1975, ......do.............. Do.
Mitchell County. Emerg; September
2, 1988, Reg;
March 25, 2009,
Susp.
Windsor, Town of, Bertie 370019 March 14, 1974, ......do.............. Do.
County. Emerg; July 18,
1977, Reg; March
25, 2009, Susp.
[[Page 12636]]
Woodland, Town of, 370177 March 27, 1979, ......do.............. Do.
Northampton County. Emerg; March 1,
1987, Reg; March
25, 2009, Susp.
South Carolina: James Island, 450263 June 30, 1970, ......do..............
Town of, Charleston County Emerg; April 23,
1971, Reg; March
25, 2009, Susp.
Tennessee:
Jasper, Town of, Marion 475429 July 30, 1971, ......do.............. Do.
County. Emerg; February
26, 1972, Reg;
March 25, 2009,
Susp.
Kimball, Town of, Marion 470116 July 1, 1975, ......do.............. Do.
County. Emerg; May 19,
1987, Reg; March
25, 2009, Susp.
Marion County, 470114 October 23, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; May 15,
1980, Reg; March
25, 2009, Susp.
New Hope, City of, Marion 470377 October 5, 1981, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
March 25, 2009,
Susp.
South Pittsburg, City of, 475447 July 9, 1971, ......do.............. Do.
Marion County. Emerg; April 14,
1972, Reg; March
25, 2009, Susp.
Region V
Illinois:
Joliet, City of, Kendall 170702 April 13, 1973, ......do.............. Do.
County. Emerg; February
4, 1981, Reg;
March 25, 2009,
Susp.
Kendall County, 170341 July 5, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; July 19,
1982, Reg; March
25, 2009, Susp.
Lisbon, Village of, 170342 June 11, 1982, ......do.............. Do.
Kendall County. Emerg; June 11,
1982, Reg; March
25, 2009, Susp.
Millbrook, Village of, 171193 -- Emerg; -- Reg; ......do.............. Do.
Kendall County. March 25, 2009,
Susp.
Millington, Village of, 170343 May 28, 1975, ......do.............. Do.
Kendall County. Emerg; June 1,
1982, Reg; March
25, 2009, Susp.
Minooka, Village of, 171019 -- Emerg; March ......do.............. Do.
Kendall County. 12, 1992, Reg;
March 25, 2009,
Susp.
Newark, Village of, 170344 April 28, 1975, ......do.............. Do.
Kendall County. Emerg; June 1,
1982, Reg; March
25, 2009, Susp.
Oswego, Village of, 170345 April 16, 1975, ......do.............. Do.
Kendall County. Emerg; June 1,
1982, Reg; March
25, 2009, Susp.
Plainfield, Village of, 170771 May 21, 1975, ......do.............. Do.
Kendall County. Emerg; November
17, 1982, Reg;
March 25, 2009,
Susp.
Plano, City of, Kendall 170346 March 7, 1975, ......do.............. Do.
County. Emerg; September
30, 1976, Reg;
March 25, 2009,
Susp.
Wisconsin:
Appleton, City of, 555542 April 23, 1971, ......do.............. Do.
Calumet County. Emerg; April 6,
1973, Reg; March
25, 2009, Susp.
Brillion, City of, Calumet 550036 April 22, 1975, ......do.............. Do.
County. Emerg; June 15,
1981, Reg; March
25, 2009, Susp.
Calumet County, 550035 November 26, ......do.............. Do.
Unincorporated Areas. 1976, Emerg; May
3, 1982, Reg;
March 25, 2009,
Susp.
Chilton, City of, Calumet 550037 June 11, 1975, ......do.............. Do.
County. Emerg; March 16,
1981, Reg; March
25, 2009, Susp.
Kiel, City of, Calumet 550239 July 10, 1975, ......do.............. Do.
County. Emerg; January 3,
1985, Reg; March
25, 2009, Susp.
Menasha, City of, Calumet 550510 April 25, 1973, ......do.............. Do.
County. Emerg; April 3,
1978, Reg; March
25, 2009, Susp.
New Holstein, City of, 550039 October 16, 1974, ......do.............. Do.
Calumet County. Emerg; July 2,
1981, Reg; March
25, 2009, Susp.
Potter, Village of, 550609 -- Emerg; July 30, ......do.............. Do.
Calumet County. 1996, Reg; March
25, 2009, Susp.
Stockbridge, Village of, 550040 August 25, 1975, ......do.............. Do.
Calumet County. Emerg; May 3,
1982, Reg; March
25, 2009, Susp.
Region VII
Nebraska:
McCook, City of, Red 310181 February 6, 1978, ......do.............. Do.
Willow County. Emerg; May 2,
1983, Reg; March
25, 2009, Susp.
Red Willow County, 310469 June 18, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1988, Reg; March
25, 2009, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
[[Page 12637]]
Dated: January 15, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-6587 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P
