Suspension of Community Eligibility, 18149-18152 [E9-9070]
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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations
We proposed to approve this analysis
and certification because we determined
that they complied with the relevant
CAA requirements. Our proposed action
contains more information on the
submitted RACT analysis and our
evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, no comments were received.
III. EPA Action
No comments were submitted that
change our assessment that the
submitted RACT analysis complies with
the relevant CAA requirements under
the 8-hour ozone NAAQS. Therefore, as
authorized in section 110(k)(3) of the
Act, EPA is fully approving this
document into the California SIP.
mstockstill on PROD1PC66 with RULES
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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17:57 Apr 20, 2009
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 22, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
PO 00000
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18149
recordkeeping requirements, Volatile
organic compounds.
Dated: March 5, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
■
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(358)(i)(B) to read
as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(358) * * *
(i) * * *
(B) Ventura County Air Pollution
Control District.
(1) Ventura County Air Pollution
Control Board Resolution approving and
adopting the 2006 Reasonably Available
Control Technology State
Implementation Plan Revision, dated
June 27, 2006.
(2) Final Ventura County Air
Pollution Control District 2006
Reasonably Available Control
Technology (RACT) State
Implementation Plan (SIP) Revision,
including Tables A–1, A–2, B, C, and D,
dated June 27, 2006.
*
*
*
*
*
[FR Doc. E9–9021 Filed 4–20–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8071]
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
E:\FR\FM\21APR1.SGM
21APR1
18150
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations
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
Region III
Virginia: Amelia County, Unincorporated
Areas.
Region IV
Florida: Gulf County, Unincorporated Areas
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:
■
Effective date authorization/cancellation of
sale of flood insurance in
community
Current effective
map date
510314
March 22, 1976, Emerg; September 1,
1987, Reg; April 21, 2009, Susp.
April 16, 2009 ...
120098
August 7, 1975, Emerg; June 15, 1983,
Reg; April 21, 2009, Susp.
......do* ..............
Community
No.
State and location
mstockstill on PROD1PC66 with RULES
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.
Region V
Ohio:
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21APR1
Date certain
Federal assistance no longer
available in
SFHAs
April 21, 2009.
Do.
18151
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations
Community
No.
State and location
Delaware, City of, Delaware County .....
390148
Delaware
County,
Unincorporated
Areas.
Powell, Village of, Delaware County .....
390146
390626
Sunbury, Village of, Delaware County ..
390152
Region VIII
North Dakota:
Belmont, Township of, Trail County ......
380653
Benson County, Unincorporated Areas
380682
Bingham, Township of, Trail County .....
380640
Buxton, Township of, Trail County ........
380676
Caledonia, Township of, Trail County ...
380638
Eldorado, Township of, Trail County .....
380645
Elm River, Township of, Trail County ...
380636
Garfield, Township of, Trail County .......
380669
Herberg, Township of, Trail County ......
380621
Hillsboro, City of, Trail County ..............
380132
Kelso, Township of, Trail County ..........
380644
Lindaas, Township of, Trail County .......
380300
Mayville, City of, Trail County ...............
380133
Mayville, Township of, Trail County ......
380301
Minnewaukan, City of, Benson County
380240
Norman, Township of, Trail County ......
380670
Norway, Township of, Trail County .......
380643
Portland, City of, Trail County ...............
380134
Roseville, Township of, Trail County .....
380641
Spirit Lake Tribe, Benson County .........
380700
Stavanger, Township of, Trail County ...
380642
Trail County, Unincorporated Areas ......
380130
Viking, Township of, Trail County .........
380322
South Dakota: Sturgis, City of, Meade
County.
Region IX
California: Sonora, City of, Tuolumne County.
460055
060412
Current effective
map date
January 31, 1975, Emerg; November 2,
1983, Reg; April 21, 2009, Susp.
February 16, 1977, Emerg; October 18,
1983, Reg; April 21, 2009, Susp.
July 8, 1975, Emerg; March 4, 1985, Reg;
April 21, 2009, Susp.
June 18, 1975, Emerg; September 1, 1987,
Reg; April 21, 2009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
July 12, 1982, Emerg; August 5, 1986, Reg;
April 21, 2009, Susp.
January 31, 1995, Emerg; May 2, 1995,
Reg; April 21, 2009, Susp.
February 8, 1980, Emerg; August 5, 1986,
Reg; April 21, 2009, Susp.
April 9, 1984, Emerg; March 12, 1986, Reg;
April 21, 2009, Susp.
January 3, 1980, Emerg; August 5, 1986,
Reg; April 21, 2009, Susp.
April 25, 1980, Emerg; August 19, 1986,
Reg; April 21, 2009, Susp.
September 13, 1979, Emerg; August 5,
1986, Reg; April 21, 2009, Susp.
April 5, 1983, Emerg; December 11, 1985,
Reg; April 21, 2009, Susp.
September 25, 1978, Emerg; August 5,
1986, Reg; April 21, 2009, Susp.
March 3, 1975, Emerg; September 27,
1985, Reg; April 21, 2009, Susp.
April 11, 1980, Emerg; August 5, 1986,
Reg; April 21, 2009, Susp.
April 11, 1980, Emerg; September 29,
1986, Reg; April 21, 2009, Susp.
March 21, 1975, Emerg; July 19, 1982,
Reg; April 21, 2009, Susp.
November 23, 1979, Emerg; September 29,
1986, Reg; April 21, 2009, Susp.
April 24, 1995, Emerg; May 4, 1998, Reg;
April 21, 2009, Susp.
April 5, 1983, Emerg; March 12, 1986, Reg;
April 21, 2009, Susp.
March 24, 1980, Emerg; August 5, 1986,
Reg; April 21, 2009, Susp.
October 14, 1975, Emerg; July 19, 1982,
Reg; April 21, 2009, Susp.
February 21, 1980, Emerg; September 29,
1986, Reg; April 21, 2009, Susp.
August 19, 1997, Emerg; May 4, 1998,
Reg; April 21, 2009, Susp.
February 29, 1980, Emerg; August 5, 1986,
Reg; April 21, 2009, Susp.
June 30, 1997, Emerg; May 4, 1998, Reg;
April 21, 2009, Susp.
March 30, 1978, Emerg; September 4,
1986, Reg; April 21, 2009, Susp.
February 9, 1973, Emerg; June 1, 1977,
Reg; April 21, 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.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 13, 1976, Emerg; May 25, 1978,
Reg; April 21, 2009, Susp.
......do ...............
Do.
mstockstill on PROD1PC66 with RULES
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in
community
Fmt 4700
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21APR1
18152
Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations
Dated: April 9, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation
Directorate, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. E9–9070 Filed 4–20–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–B–1046]
Changes in Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Mitigation Assistant Administrator of
FEMA reconsider the changes. The
modified BFEs may be changed during
the 90-day period.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton Jr., Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by the
other Federal, State, or regional entities.
The changes in BFEs are in accordance
with 44 CFR 65.4.
National Environmental Policy Act.
This interim rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This
interim 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 interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This interim rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended to read as follows:
■
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
State and county
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Alabama: Autauga ...
City of Prattville (07–
04–6309P).
February 28, 2009; March 7,
2009; Prattville Progress.
The Honorable Jim Byard, Jr., Mayor, City
of Prattville, 101 West Main Street,
Prattville, AL 36067.
February 20, 2009 ..........
010002
Unincorporated
areas of Coconino
County (08–09–
1418P).
City of Avondale
(08–09–0655P).
February 20, 2009; February
27, 2009; Arizona Daily Sun.
June 29, 2009 ................
040019
July 10, 2009 ..................
040038
Unincorporated
areas of Maricopa
County (08–09–
0655P).
12,
Ga-
The Honorable Deb Hill, Chairman,
Coconino County Board of Supervisors,
219 East Cherry Avenue, Flagstaff, AZ
86001.
The Honorable Marie Lopez, Mayor, City
of Avondale, 11465 West Civic Center
Drive, Suite 280, Avondale, AZ 85323.
The Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th
Floor, Phoenix, AZ 85003.
July 10, 2009 ..................
040037
Arizona:
Coconino ..........
mstockstill on PROD1PC66 with RULES
Maricopa ...........
Maricopa ...........
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March 5, 2009; March
2009; Arizona Business
zette.
March 5, 2009; March
2009; Arizona Business
zette.
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Community
No.
]]>Agencies
[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Rules and Regulations]
[Pages 18149-18152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9070]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8071]
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
[[Page 18150]]
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:
----------------------------------------------------------------------------------------------------------------
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
Virginia: Amelia County, 510314 March 22, 1976, April 16, 2009........ April 21, 2009.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
April 21, 2009,
Susp.
Region IV
Florida: Gulf County, 120098 August 7, 1975, ......do*............. Do.
Unincorporated Areas. Emerg; June 15,
1983, Reg; April
21, 2009, Susp.
Region V
Ohio:
[[Page 18151]]
Delaware, City of, Delaware 390148 January 31, 1975, ......do.............. Do.
County. Emerg; November
2, 1983, Reg;
April 21, 2009,
Susp.
Delaware County, 390146 February 16, ......do.............. Do.
Unincorporated Areas. 1977, Emerg;
October 18,
1983, Reg; April
21, 2009, Susp.
Powell, Village of, 390626 July 8, 1975, ......do.............. Do.
Delaware County. Emerg; March 4,
1985, Reg; April
21, 2009, Susp.
Sunbury, Village of, 390152 June 18, 1975, ......do.............. Do.
Delaware County. Emerg; September
1, 1987, Reg;
April 21, 2009,
Susp.
Region VIII
North Dakota:
Belmont, Township of, Trail 380653 July 12, 1982, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; April
21, 2009, Susp.
Benson County, 380682 January 31, 1995, ......do.............. Do.
Unincorporated Areas. Emerg; May 2,
1995, Reg; April
21, 2009, Susp.
Bingham, Township of, Trail 380640 February 8, 1980, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; April
21, 2009, Susp.
Buxton, Township of, Trail 380676 April 9, 1984, ......do.............. Do.
County. Emerg; March 12,
1986, Reg; April
21, 2009, Susp.
Caledonia, Township of, 380638 January 3, 1980, ......do.............. Do.
Trail County. Emerg; August 5,
1986, Reg; April
21, 2009, Susp.
Eldorado, Township of, 380645 April 25, 1980, ......do.............. Do.
Trail County. Emerg; August
19, 1986, Reg;
April 21, 2009,
Susp.
Elm River, Township of, 380636 September 13, ......do.............. Do.
Trail County. 1979, Emerg;
August 5, 1986,
Reg; April 21,
2009, Susp.
Garfield, Township of, 380669 April 5, 1983, ......do.............. Do.
Trail County. Emerg; December
11, 1985, Reg;
April 21, 2009,
Susp.
Herberg, Township of, Trail 380621 September 25, ......do.............. Do.
County. 1978, Emerg;
August 5, 1986,
Reg; April 21,
2009, Susp.
Hillsboro, City of, Trail 380132 March 3, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
April 21, 2009,
Susp.
Kelso, Township of, Trail 380644 April 11, 1980, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; April
21, 2009, Susp.
Lindaas, Township of, Trail 380300 April 11, 1980, ......do.............. Do.
County. Emerg; September
29, 1986, Reg;
April 21, 2009,
Susp.
Mayville, City of, Trail 380133 March 21, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; April
21, 2009, Susp.
Mayville, Township of, 380301 November 23, ......do.............. Do.
Trail County. 1979, Emerg;
September 29,
1986, Reg; April
21, 2009, Susp.
Minnewaukan, City of, 380240 April 24, 1995, ......do.............. Do.
Benson County. Emerg; May 4,
1998, Reg; April
21, 2009, Susp.
Norman, Township of, Trail 380670 April 5, 1983, ......do.............. Do.
County. Emerg; March 12,
1986, Reg; April
21, 2009, Susp.
Norway, Township of, Trail 380643 March 24, 1980, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; April
21, 2009, Susp.
Portland, City of, Trail 380134 October 14, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; April
21, 2009, Susp.
Roseville, Township of, 380641 February 21, ......do.............. Do.
Trail County. 1980, Emerg;
September 29,
1986, Reg; April
21, 2009, Susp.
Spirit Lake Tribe, Benson 380700 August 19, 1997, ......do.............. Do.
County. Emerg; May 4,
1998, Reg; April
21, 2009, Susp.
Stavanger, Township of, 380642 February 29, ......do.............. Do.
Trail County. 1980, Emerg;
August 5, 1986,
Reg; April 21,
2009, Susp.
Trail County, 380130 June 30, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; May 4,
1998, Reg; April
21, 2009, Susp.
Viking, Township of, Trail 380322 March 30, 1978, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
April 21, 2009,
Susp.
South Dakota: Sturgis, City 460055 February 9, 1973, ......do.............. Do.
of, Meade County. Emerg; June 1,
1977, Reg; April
21, 2009, Susp.
Region IX
California: Sonora, City of, 060412 February 13, ......do.............. Do.
Tuolumne County. 1976, Emerg; May
25, 1978, Reg;
April 21, 2009,
Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 18152]]
Dated: April 9, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-9070 Filed 4-20-09; 8:45 am]
BILLING CODE 9110-12-P
