Suspension of Community Eligibility, 21267-21271 [E9-10602]

Download as PDF 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 .................................................................................................................................. * * * * * [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 Fmt 4700 Sfmt 4700 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 21268 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. ......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. ......do ............... Do. ......do ............... Do. Community No. State and location PART 64—[AMENDED] Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\07MYR1.SGM 07MYR1 21269 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. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... 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. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. 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. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. March 12, 1976, Emerg; July 18, 1985, Reg; May 7, 3009, Susp. ......do ............... Do. Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\07MYR1.SGM 07MYR1 21270 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 ............... 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. 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. ......do ............... Do. ......do ............... Do. ......do ............... 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. ......do ............... Do. * do =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. VerDate Nov<24>2008 16:03 May 06, 2009 Jkt 217001 PO 00000 Date certain federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\07MYR1.SGM 07MYR1 21271 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]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8073]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that are scheduled for suspension on the effective 
dates listed within this rule because of noncompliance with the 
floodplain management requirements of the program. If the Federal 
Emergency Management Agency (FEMA) receives documentation that the 
community has adopted the required floodplain management measures prior 
to the effective suspension date given in this rule, the suspension 
will not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
flood insurance which is generally not otherwise available. In return, 
communities agree to adopt and administer local floodplain management 
aimed at protecting lives and new construction from future flooding. 
Section 1315 of the National Flood Insurance Act of 1968, as amended, 
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under 
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body 
adopts adequate floodplain management measures with effective 
enforcement measures. The communities listed in this document no longer 
meet that statutory requirement for compliance with program 
regulations, 44 CFR part 59. Accordingly, the communities will be 
suspended on the effective date in the third column. As of that date, 
flood insurance will no longer be available in the community. However, 
some of these communities may adopt and submit the required 
documentation of legally enforceable floodplain management measures 
after this rule is published but prior to the actual suspension date. 
These communities will not be suspended and will continue their 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the communities will be published in the Federal 
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) in these communities by publishing a Flood Insurance Rate Map 
(FIRM). The date of the FIRM, if one has been published, is indicated 
in the fourth column of the table. No direct Federal financial 
assistance (except assistance pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act not in connection with a 
flood) may legally be provided for construction or acquisition of 
buildings in identified SFHAs for communities not participating in the 
NFIP and identified for more than a year, on FEMA's initial flood 
insurance map of the community as having flood-prone areas (section 
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), 
as amended). This prohibition against certain types of Federal 
assistance becomes effective for the communities listed on the date 
shown in the last column. The Administrator finds that notice and 
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary 
because communities listed in this final rule have been adequately 
notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 42 
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate 
public body adopts adequate floodplain management measures with 
effective enforcement measures. The communities listed no longer comply 
with the statutory requirements, and after the effective date, flood 
insurance will no longer be available in the communities unless 
remedial action takes place.

[[Page 21268]]

    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp.; p. 376.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                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