Suspension of Community Eligibility, 21267-21271 [E9-10602]
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Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations
Commodity
Parts per million
Corn, sweet, forage ........
Corn, sweet, kernel plus
cob with husks removed .........................
Corn, sweet, stover ........
Cotton, undelinted seed
Cotton, gin byproducts ...
Egg .................................
3.0
0.01
4.5
0.25
8.0
0.04
(b) Section 18 emergency exemptions.
Time-limited tolerances are established
for the residues of the fungicide
metconazole, including its metabolites
and degradates, in or on the
commodities listed in the following
table in connection with the use of the
pesticide under section 18 emergency
exemptions granted by EPA. The
tolerances expire and are revoked on the
dates specified in the following table.
Compliance with the tolerance levels
specified below is to be determined by
measuring only metconazole (5-[(4chlorophenyl)-methyl]-2,2-dimethyl-1(1H-1,2,4-triazol-1ylmethyl)cyclopentanol) as the sum of
its cis- and trans-isomers in or on the
following commodities:
Commodity
Parts per million
Sugarcane, cane ..........................................................................................................................................
Sugarcane, molasses ..................................................................................................................................
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[FR Doc. E9–10500 Filed 5–6–09; 8:45 am]
BILLING CODE 6560–50–S
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.
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
VerDate Nov<24>2008
16:03 May 06, 2009
Jkt 217001
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
PO 00000
Frm 00023
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21267
1.6
3.2
Expiration/revocation date
12/31/11
12/31/11
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.
E:\FR\FM\07MYR1.SGM
07MYR1
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Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations
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:
■
Region III
Pennsylvania:
Bellefonte, Borough of, Centre County
420257
Benner, Township of, Centre County ....
421460
Boggs, Township of, Centre County .....
421193
Burnside, Township of, Centre County
421461
Collge, Township of, Centre County .....
420259
Curtin, Township of, Centre County ......
421462
Ferguson, Township of, Centre County
420260
Gregg, Township of, Centre County .....
421194
Haines, Township of, Centre County ....
420261
Halfmoon, Township of, Centre County
421463
Harris, Township of, Centre County ......
420262
Howard, Borough of, Centre County .....
420263
Howard, Township of, Centre County ...
421464
Huston, Township of, Centre County ....
421195
Liberty, Township of, Centre County .....
421196
Marion, Township of, Centre County ....
421465
Miles, Township of, Centre County .......
421197
Milesburg, Borough of, Centre County ..
420264
Millheim, Borough of, Centre County ....
420265
Patton, Township of, Centre County .....
420266
Penn, Township of, Centre County .......
421466
Philipsburg, Borough of, Centre County
420267
Port Matilda, Borough of, Centre County.
Potter, Township of, Centre County ......
420268
Rush, Township of, Centre County .......
421468
Snow Shoe, Borough of, Centre County
421459
Snow Shoe, Township of, Centre County.
421198
VerDate Nov<24>2008
16:03 May 06, 2009
Jkt 217001
PO 00000
421467
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
Date certain federal assistance
no longer available in SFHAs
March 30, 1973, Emerg; February 2, 1977,
Reg; May 7, 3009, Susp.
April 7, 1975, Emerg; February 2, 1977,
Reg; May 7, 3009, Susp.
September 16, 1975, Emerg; August 15,
1989, Reg; May 7, 3009, Susp.
April 17, 1975, Emerg; January 17, 1986,
Reg; May 7, 3009, Susp.
April 19, 1973, Emerg; July 4, 1989, Reg;
May 7, 3009, Susp.
November 15, 1974, Emerg; June 5, 1989,
Reg; May 7, 3009, Susp.
May 17, 1973, Emerg; July 17, 1989, Reg;
May 7, 3009, Susp.
April 29, 1975, Emerg; November 2, 1984,
Reg; May 7, 3009, Susp.
March 30, 1973, Emerg; August 1, 1978,
Reg; May 7, 3009, Susp.
April 30, 1975, Emerg; October 13, 1978,
Reg; May 7, 3009, Susp.
June 6, 1973, Emerg; June 5, 1989, Reg;
May 7, 3009, Susp.
May 13, 1975, Emerg; August 3, 1989,
Reg; May 7, 3009, Susp.
February 9, 1976, Emerg; August 3, 1989,
Reg; May 7, 3009, Susp.
September 15, 1975, Emerg; June 5, 1989,
Reg; May 7, 3009, Susp.
April 13, 1976, Emerg; June 5, 1989, Reg;
May 7, 3009, Susp.
July 29, 1975, Emerg; November 2, 1984,
Reg; May 7, 3009, Susp.
March 10, 1975, Emerg; December 4,
1985, Reg; May 7, 3009, Susp.
June 17, 1975, Emerg; February 2, 1977,
Reg; May 7, 3009, Susp.
July 3, 1975, Emerg; June 5, 1989, Reg;
May 7, 3009, Susp.
June 6, 1973, Emerg; February 19, 1986,
Reg; May 7, 3009, Susp.
September 24, 1974, Emerg; October 17,
1989, Reg; May 7, 3009, Susp.
August 15, 1974, Emerg; August 15, 1990,
Reg; May 7, 3009, Susp.
January 7, 1975, Emerg; November 3,
1989, Reg; May 7, 3009, Susp.
July 7, 1975, Emerg; February 5, 1986,
Reg; May 7, 3009, Susp.
February 11, 1975, Emerg; November 16,
1990, Reg; May 7, 3009, Susp.
February 18, 1976, Emerg; August 10,
1979, Reg; May 7, 3009, Susp.
February 18, 1976, Emerg; June 19, 1989,
Reg; May 7, 3009, Susp.
May 4, 2009 .....
May 7, 3009.
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Community
No.
State and location
PART 64—[AMENDED]
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Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations
Community
No.
State and location
Spring, Township of, Centre County .....
420269
State College, Borough of, Centre
County.
Taylor, Township of, Centre County .....
420270
Union, Township of, Centre County ......
421470
Unionville, Borough of, Centre County ..
420272
Walker, Township of, Centre County ....
421471
Worth, Township of, Centre County ......
421472
Virginia: Virginia Beach, City of, Independent City
515531
421469
Region IV
Florida:
Perry, City of, Taylor County .................
120303
Taylor County, Unincorporated Areas ...
120302
Georgia:
Gray, City of, Jones County ..................
130237
Jones County, Unincorporated Areas ...
130434
North Carolina: Macon County, Unincorporated Areas
Tennessee:
Anderson
County,
Unincorporated
Areas.
Atoka, Town of, Tipton County ..............
370150
Calhoun, City of, McMinn County .........
470232
Chester County, Unincorporated Areas
470348
Clinton, City of, Anderson County .........
470001
Henderson, City of, Chester County .....
470029
Lake City, Town of, Anderson County ..
475436
Maury County, Unincorporated Areas ...
470123
Munford, City of, Tipton County ............
470422
Norris, City of, Anderson County ..........
470003
Oak Ridge, City of, Anderson, Roane
Counties.
Tipton County, Unincorporated Areas ...
475441
470340
Region V
Illinois:
Cairo, City of, Alexander County ...........
170004
470217
470419
East Cape Girardeau, Village of, Alexander County.
Menard County, Unincorporated Areas
170916
Petersburg, City of, Menard County ......
170506
Tallula, Village of, Menard County ........
170803
Michigan:
Baltimore, Township of, Barry County ..
260666
VerDate Nov<24>2008
16:03 May 06, 2009
Jkt 217001
PO 00000
170505
Date certain federal assistance
no longer available in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
October 13, 1972, Emerg; April 15, 1977,
Reg; May 7, 3009, Susp.
May 25, 1973, Emerg; June 30, 1976, Reg;
May 7, 3009, Susp.
June 24, 1981, Emerg; January 3, 1986,
Reg; May 7, 3009, Susp.
July 23, 1975, Emerg; July 17, 1989, Reg;
May 7, 3009, Susp.
November 11, 1975, Emerg; November 3,
1989, Reg; May 7, 3009, Susp.
September 16, 1974, Emerg; July 17, 1989,
Reg; May 7, 3009, Susp.
December 8, 1975, Emerg; August 15,
1989, Reg; May 7, 3009, Susp.
September 11, 1970, Emerg; April 23,
1971, Reg; May 7, 3009, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
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Do.
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Do.
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Do.
January 30, 1975, Emerg; May 17, 1982,
Reg; May 7, 3009, Susp.
April 25, 1975, Emerg; November 16, 1983,
Reg; May 7, 3009, Susp.
......do ...............
Do.
......do ...............
Do.
May 29, 1975, Emerg; May 21, 1982, Reg;
May 7, 3009, Susp.
November 10, 1987, Emerg; September 1,
1990, Reg; May 7, 3009, Susp.
November 21, 2000, Emerg; June 1, 2001,
Reg; May 7, 3009, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
August 5, 1975, Emerg; September 5,
1984, Reg; May 7, 3009, Susp.
NA, Emerg; May 8, 2001, Reg; May 7,
3009, Susp.
July 31, 1975, Emerg; July 3, 1986, Reg;
May 7, 3009, Susp.
November 17, 1994, Emerg; September 28,
2007, Reg; May 7, 3009, Susp.
July 28, 1972, Emerg; July 18, 1977, Reg;
May 7, 3009, Susp.
July 25, 1975, Emerg; March 18, 1986,
Reg; May 7, 3009, Susp.
October 23, 1970, Emerg; February 26,
1971, Reg; May 7, 3009, Susp.
November 29, 1985, Emerg; November 3,
1989, Reg; May 7, 3009, Susp.
NA, Emerg; June 30, 2003, Reg; May 7,
3009, Susp.
March 11, 1975, Emerg; June 25, 1976,
Reg; May 7, 3009, Susp.
December 17, 1971, Emerg; October 27,
1972, Reg; May 7, 3009, Susp.
July 3, 1975, Emerg; April 2, 1991, Reg;
May 7, 3009, Susp.
......do ...............
Do.
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November 5, 1971, Emerg; February 1,
1978, Reg; May 7, 3009, Susp.
May 5, 1976, Emerg; December 4, 1985,
Reg; May 7, 3009, Susp.
May 1, 1975, Emerg; September 2, 1988,
Reg; May 7, 3009, Susp.
August 11, 1975, Emerg; September 18,
1975, Reg; May 7, 3009, Susp.
June 3, 1976, Emerg; May 25, 1978, Reg;
May 7, 3009, Susp.
......do ...............
Do.
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March 12, 1976, Emerg; July 18, 1985,
Reg; May 7, 3009, Susp.
......do ...............
Do.
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Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations
Community
No.
State and location
Castleton, Township of, Barry County ..
260641
Hastings, City of, Barry County .............
260314
Hastings, Township of, Barry County ....
260648
Homer, Township of, Midland County ...
260989
Hope, Township of, Barry County .........
260681
Irving, Township of, Barry County .........
260354
Johnstown, Township of, Barry County
260355
Maple Grove, Township of, Barry County.
Midland, City of, Midland, Bay Counties
260644
Midland, Township of, Midland County
260857
Nashville, Village of, Barry County ........
260902
Rutland, Township of, Barry County .....
260656
Thornapple, Township of, Barry County
260630
Ohio:
Bowerston, Village of, Harrison County
390257
Harrison County, Unincorporated Areas
390255
Jewett, Village of, Harrison County .......
390259
Scio, Village of, Harrison County ..........
390261
Region VII
Missouri:
Morgan County, Unincorporated Areas
260140
290244
Versailles, City of, Morgan County ........
290247
Nebraska:
Dodge County, Unincorporated Areas ..
310068
Hooper, City of, Dodge County .............
310379
Scribner, City of, Dodge County ...........
310071
Winslow, Village of, Dodge County .......
310410
Region IX
California:
Mill Valley, City of, Marin County ..........
060177
Tehama County, Unincorporated Areas
065064
Current effective
map date
September 26, 1975, Emerg; May 17, 1988,
Reg; May 7, 3009, Susp.
January 22, 1976, Emerg; February 18,
1981, Reg; May 7, 3009, Susp.
November 19, 1975, Emerg; June 15, 1981,
Reg; May 7, 3009, Susp.
May 14, 1997, Emerg; NA, Reg; May 7,
3009, Susp.
June 7, 1976, Emerg; February 6, 1984,
Reg; May 7, 3009, Susp.
January 31, 1991, Emerg; January 1, 1992,
Reg; May 7, 3009, Susp.
July 15, 1976, Emerg; April 2, 1986, Reg;
May 7, 3009, Susp.
October 30, 1975, Emerg; February 1,
1986, Reg; May 7, 3009, Susp.
January 20, 1975, Emerg; June 15, 1984,
Reg; May 7, 3009, Susp.
April 12, 2007, Emerg; NA, Reg; May 7,
3009, Susp.
July 29, 1992, Emerg; December 6, 1999,
Reg; May 7, 3009, Susp.
February 13, 1976, Emerg; August 19,
1986, Reg; May 7, 3009, Susp.
August 26, 1975, Emerg; February 1, 1986,
Reg; May 7, 3009, Susp.
......do ...............
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Do.
August 8, 1975, Emerg; March 4, 1987,
Reg; May 7, 3009, Susp.
July 6, 1976, Emerg; NA, Reg; May 7,
3009, Susp.
June 17, 1975, Emerg; July 4, 1988, Reg;
May 7, 3009, Susp.
May 30, 1975, Emerg; March 4, 1987, Reg;
May 7, 3009, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
February 28, 1997, Emerg; December 1,
2001, Reg; May 7, 3009, Susp.
November 11, 1975, Emerg; September 18,
1985, Reg; May 7, 3009, Susp.
......do ...............
Do.
......do ...............
Do.
April 18, 1975, Emerg; August 17,
Reg; May 7, 3009, Susp.
March 15, 1976, Emerg; August 4,
Reg; May 7, 3009, Susp.
May 30, 1975, Emerg; November 1,
Reg; May 7, 3009, Susp.
March 7, 1975, Emerg; December 4,
Reg; May 7, 3009, Susp.
1981,
......do ...............
Do.
1987,
......do ...............
Do.
1979,
......do ...............
Do.
1979,
......do ...............
Do.
January 21, 1972, Emerg; January 3, 1979,
Reg; May 7, 3009, Susp.
April 23, 1971, Emerg; June 1, 1982, Reg;
May 7, 3009, Susp.
......do ...............
Do.
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Do.
* do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
VerDate Nov<24>2008
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Date certain federal assistance
no longer available in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
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Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Rules and Regulations
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
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–B–1048]
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
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.
Arizona: Yavapai ......
City of Cottonwood
(08–09–1293P).
March 13, 2009; March 20,
The Honorable Diane Joens, Mayor, City
2009; Prescott Daily Courier.
of Cottonwood, 827 North Main Street,
Cottonwood, AZ 86326.
July 20, 2009 ..................
040096
City of Longmont
(08–08–0011P).
March 12, 2009; March 19,
2009; Longmont Times-Call.
July 17, 2009 ..................
080027
Unincorporated
areas of El Paso
County (08–08–
0541P).
City of Westminster
(09–08–0055P).
March 18, 2009; March 25,
2009; El Paso County Advertiser.
July 23, 2009 ..................
080059
July 17, 2009 ..................
080008
Colorado:
Boulder ..............
El Paso .............
Jefferson ...........
VerDate Nov<24>2008
16:03 May 06, 2009
Date and name of newspaper
where notice was published
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.
March 12, 2009; March 19,
2009; Westminster Window.
Jkt 217001
PO 00000
Frm 00027
Chief executive officer of community
The Honorable Roger Lange, Mayor,
City of Longmont, 350 Kimbark Street,
Longmont, CO 80501.
The Honorable Dennis Hisey, Chairman,
El Paso County, Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903–2208.
The Honorable Nancy McNally, Mayor,
City of Westminster, 4800 West 92nd
Avenue, Westminster, CO 80031.
Fmt 4700
Sfmt 4700
E:\FR\FM\07MYR1.SGM
Effective date of
modification
07MYR1
Community
No.
]]>Agencies
[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Rules and Regulations]
[Pages 21267-21271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10602]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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
