Suspension of Community Eligibility, 60-63 [E9-31153]
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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[FR Doc. E9–31103 Filed 12–31–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2008–0020; Internal
Agency Docket No. FEMA–8111]
Suspension of Community Eligibility
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension 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
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16:57 Dec 31, 2009
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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
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Fmt 4700
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met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits flood insurance coverage
unless an appropriate public body
adopts adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
■
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
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04JAR1
61
Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Community
No.
State and location
Region II
New Jersey:
Clayton, Borough of, Gloucester County
340198
Deptford, Township of, Gloucester
County.
East Greenwich, Township of, Gloucester County.
Elk, Township of, Gloucester County ....
340199
Glassboro, Borough of, Gloucester
County.
Greenwich, Township of, Gloucester
County.
Harrison, Township of, Gloucester
County.
Logan, Township of, Gloucester County
340203
Mantua, Township of, Gloucester County.
Monroe, Township of, Gloucester County.
Paulsboro, Borough of, Gloucester
County.
Swedesboro, Borough of, Gloucester
County.
Washington, Township of, Gloucester
County.
West Deptford, Township of, Gloucester
County.
Westville, Borough of, Gloucester
County.
Woolwich, Township of, Gloucester
County.
340207
340200
340201
340204
340205
340206
340208
340210
340519
340213
340214
340215
340217
540140
Granville, Town of, Monongalia County
540272
Monongalia County, Unincorporated
Areas.
Morgantown, City of, Monongalia County.
Star City, Town of, Monongalia County
540139
Westover, City of, Monongalia County ..
540274
Region IV
Tennessee:
Hohenwald, City of, Lewis County ........
470304
Lewis County, Unincorporated Areas ....
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Region III
West Virginia:
Blacksville, City of, Monongalia County
470103
Region V
Illinois:
Bourbonnais, Village of, Kankakee
County.
Bradley, Village of, Kankakee County ...
170337
Kankakee, City of, Kankakee County ...
170339
Kankakee
County,
Unincorporated
Areas.
Manteno, Village of, Kankakee County
170336
VerDate Nov<24>2008
16:57 Dec 31, 2009
Jkt 220001
PO 00000
540141
540273
170338
170878
Frm 00061
Effective date authorization/
cancellation of sale of flood insurance in
Community
Current effective
map date
May 15, 1973, Emerg; March 11, 1983,
Reg; January 20, 2010, Susp.
June 16, 1975, Emerg; November 17, 1982,
Reg; January 20, 2010, Susp.
March 27, 1975, Emerg; December 1,
1982, Reg; January 20, 2010, Susp.
December 11, 1975, Emerg; October 21,
1983, Reg; January 20, 2010, Susp.
June 5, 1975, Emerg; August 16, 1982,
Reg; January 20, 2010, Susp.
April 18, 1973, Emerg; September 16,
1982, Reg; January 20, 2010, Susp.
April 7, 1975, Emerg; April 1, 1983, Reg;
January 20, 2010, Susp.
June 29, 1976, Emerg; January 6, 1983,
Reg; January 20, 2010, Susp.
May 8, 1975, Emerg; November 3, 1982,
Reg; January 20, 2010, Susp.
August 12, 1974, Emerg; January 20, 1982,
Reg; January 20, 2010, Susp.
May 13, 1975, Emerg; September 2, 1982,
Reg; January 20, 2010, Susp.
July 23, 1975, Emerg; July 5, 1982, Reg;
January 20, 2010, Susp.
February 1, 1974, Emerg; November 17,
1982, Reg; January 20, 2010, Susp.
December 22, 1972, Emerg; June 1, 1982,
Reg; January 20, 2010, Susp.
July 2, 1975, Emerg; May 1, 1980, Reg;
January 20, 2010, Susp.
May 13, 1975, Emerg; September 2, 1982,
Reg; January 20, 2010, Susp.
Jan. 20, 2010 ...
Date certain
Federal
assistance no
longer
available in
SFHAs
Jan. 20, 2010.
......do* ..............
Do.
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Do.
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Do.
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Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
October 28, 1975, Emerg; December 26,
1978, Reg; January 20, 2010, Susp.
April 7, 1975, Emerg; December 15, 1983,
Reg; January 20, 2010, Susp.
October 31, 1975, Emerg; May 1, 1984,
Reg; January 20, 2010, Susp.
January 23, 1975, Emerg; August 1, 1979,
Reg; January 20, 2010, Susp.
April 18, 1975, Emerg; August 1, 1978,
Reg; January 20, 2010, Susp.
January 27, 1975, Emerg; August 1, 1978,
Reg; January 20, 2010, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
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Do.
......do ...............
Do.
April 16, 1986, Emerg; July 2, 1987, Reg;
January 20, 2010, Susp.
November 25, 1998, Emerg; June 1, 2005,
Reg; January 20, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
July 24, 1975, Emerg; September 29, 1978,
Reg; January 20, 2010, Susp.
October 29, 1974, Emerg; March 1, 1978,
Reg; January 20, 2010, Susp.
May 29, 1973, Emerg; April 17, 1978, Reg;
January 20, 2010, Susp.
April 28, 1972, Emerg; July 2, 1979, Reg;
January 20, 2010, Susp.
May 16, 1975, Emerg; November 2, 1977,
Reg; January 20, 2010, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Community
No.
State and location
Momence, City of, Kankakee County ....
170340
Wisconsin:
Clintonville,
City
of,
Waupaca County.
Embarrass, Village of, Waupaca County
550494
Fremont, Village of, Waupaca County ..
550496
Iola, Village of, Waupaca County ..........
550497
Kendall, Village of, Monroe County .......
550287
Manawa, City of, Waupaca County .......
550498
Marion, City of, Waupaca County .........
550499
Melvina, Village of, Monroe County ......
550288
Monroe County, Unincorporated Areas
550571
New London, City of, Waupaca County
550308
Norwalk, Village of, Monroe County ......
550289
Sparta, City of, Monroe County .............
550290
Tomah, City of, Monroe County ............
550291
Waupaca, City of, Waupaca County .....
550502
Waupaca
County,
Unincorporated
Areas.
Weyauwega, City of, Waupaca County
550492
Wilton, Village of, Monroe County .........
550292
Wyeville, Village of, Monroe County .....
550293
Region VI
Arkansas:
Garland County, Unincorporated Areas
550495
550503
050433
Hot Springs, City of, Garland County ....
050084
Lonsdale, Town of, Garland County .....
050586
Region IX
California:
Port Hueneme, City of, Ventura County
065051
Thousand Oaks, City of, Ventura County.
060422
Current effective
map date
August 8, 1975, Emerg; November 2, 1977,
Reg; January 20, 2010, Susp.
April 2, 1974, Emerg; September 19, 1984,
Reg; January 20, 2010, Susp.
May 2, 1975, Emerg; June 17, 1986, Reg;
January 20, 2010, Susp.
March 29, 1974, Emerg; June 15, 1977,
Reg; January 20, 2010, Susp.
September 29, 1975, Emerg; September 4,
1985, Reg; January 20, 2010, Susp.
June 3, 1974, Emerg; September 18, 1986,
Reg; January 20, 2010, Susp.
March 17, 1975, Emerg; May 4, 1988, Reg;
January 20, 2010, Susp.
September 24, 1974, Emerg; May 4, 1988,
Reg; January 20, 2010, Susp.
March 2, 1981, Emerg; March 2, 1981,
Reg; January 20, 2010, Susp.
February 18, 1976, Emerg; May 3, 1982,
Reg; January 20, 2010, Susp.
March 10, 1972, Emerg; March 15, 1977,
Reg; January 20, 2010, Susp.
September 25, 1975, Emerg; N/A, Reg;
January 20, 2010, Susp.
April 15, 1975, Emerg; August 3, 1981,
Reg; January 20, 2010, Susp.
May 27, 1975, Emerg; August 17, 1981,
Reg; January 20, 2010, Susp.
May 13, 1975, Emerg; August 3, 1989,
Reg; January 20, 2010, Susp.
December 17, 1971, Emerg; August 15,
1977, Reg; January 20, 2010, Susp.
May 15, 1975, Emerg; July 1, 1987, Reg;
January 20, 2010, Susp.
July 28, 1975, Emerg; October 15, 1985,
Reg; January 20, 2010, Susp.
July 18, 1975, Emerg; March 1, 1984, Reg;
January 20, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......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.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 25, 1990, Emerg; February 15, 1991,
Reg; January 20, 2010, Susp.
November 12, 1971, Emerg; December 18,
1979, Reg; January 20, 2010, Susp.
N/A, Emerg; April 14, 2006, Reg; January
20, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 14, 1971, Emerg; September 24, 1984,
Reg; January 20, 2010, Susp.
November 13, 1970, Emerg; September 29,
1978, Reg; January 20, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
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*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
VerDate Nov<24>2008
16:57 Dec 31, 2009
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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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E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Dated: December 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate.
[FR Doc. E9–31153 Filed 12–31–09; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, and
178
[Docket Nos. PHMSA–2007–0065 (HM–224D)
and PHMSA–2008–0005 (HM–215J)]
RIN 2137–AE54
Hazardous Materials: Revision to
Requirements for the Transportation of
Batteries and Battery-Powered
Devices; and Harmonization With the
United Nations Recommendations,
International Maritime Dangerous
Goods Code, and International Civil
Aviation Organization’s Technical
Instructions; Correction
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; corrections.
SUMMARY: On January 14, 2009, the
Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a
final rule amending the Hazardous
Materials Regulations (HMR) to
maintain alignment with international
standards by incorporating various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
quantity limitations, and vessel stowage
requirements. The revisions were
necessary to harmonize the HMR with
recent changes to the International Civil
Aviation Organization’s Technical
Instructions for the Safe Transport of
Dangerous Goods by Air, the
International Maritime Dangerous
Goods Code, Transport Canada’s
Transportation of Dangerous Goods
Regulations, and the United Nations
Recommendations on the Transport of
Dangerous Goods. These revisions also
included amendments and clarifications
addressing the safe transportation of
batteries and battery-powered devices.
This final rule corrects several errors in
the January 14, 2009 final rule.
DATES: Effective date: The effective date
of these amendments is January 4, 2010.
Applicability date: These amendments
are applicable beginning January 1,
2010.
VerDate Nov<24>2008
16:57 Dec 31, 2009
Jkt 220001
FOR FURTHER INFORMATION CONTACT:
Charles Betts, Office of Hazardous
Materials Standards, telephone (202)
366–8553, or Shane Kelley,
International Standards, telephone (202)
366–0656, Pipeline and Hazardous
Materials Safety Administration.
SUPPLEMENTARY INFORMATION:
I. Background
On January 14, 2009, PHMSA
published a final rule under Docket
Numbers PHMSA–2007–0065 (HM–
224D) and PHMSA–2008–0005 (HM–
215J) [74 FR 2200] revising the
Hazardous Materials Regulations (HMR)
to maintain alignment with
international standards by incorporating
various amendments, including changes
to proper shipping names, hazard
classes, packing groups, special
provisions, packaging authorizations, air
transport quantity limitations, and
vessel stowage requirements. The
revisions were necessary to harmonize
the HMR with recent changes to the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air (ICAO TI), the
International Maritime Dangerous
Goods Code (IMDG Code), Transport
Canada’s Transportation of Dangerous
Goods Regulations (TDG Regulations),
and the United Nations
Recommendations on the Transport of
Dangerous Goods (UN
Recommendations). These revisions also
included amendments and clarifications
addressing the safe transportation of
batteries and battery-powered devices.
This final rule corrects several errors in
the final rule. Because these
amendments do not impose new
requirements notice and public
comment procedures are unnecessary.
II. Appeals to the Final Rule
We received two appeals to the
January 14, 2009 final rule from the
Dangerous Goods Transport Consulting,
Inc. (DGTC) and HMT Associates, LLC.
Both DGTC and HMT Associates
express concerns about the provisions of
the final rule applicable to the
transportation of fuel cell cartridges.
These appeals are discussed in detail
below.
A. Dangerous Goods Transport
Consulting, Inc.
The January 14, 2009 final rule
revised the requirements for the
transportation of fuel cell cartridges
under § 173.230 of the HMR (49 CFR
Parts 171–180). In addition to the proper
shipping name for flammable liquid fuel
cell cartridges (UN3473) already
included in the § 172.101 Hazardous
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
63
Materials Table (HMT), the final rule
added four new proper shipping names
to the HMT to describe the range of
fuels used in fuel cell cartridges:
‘‘Water-reactive substances,’’ UN3476;
‘‘Corrosive substances,’’ UN3477;
‘‘Liquefied flammable gas,’’ UN3478;
and ‘‘Hydrogen in metal hydride,’’
UN3479.
As indicated by the expanded list of
proper shipping names, fuel cell
cartridges contain a number of different
types of fuels with distinct hazards.
Because of this variety of fuel types, we
also amended § 173.230 to provide
comprehensive requirements including
packaging to address the hazards for all
fuel cell cartridge types. In its appeal,
DGTC expressed concern that the
provision in § 173.230(g) prohibiting the
air transport of fuel cell cartridges as
limited quantities is not practical,
reasonable or in the public interest.
Specifically, DGTC asserts its
understanding that prohibiting the air
transport of fuel cell cartridges as
limited quantities is not consistent with
provisions in § 173.230(h) that allow
fuel cell cartridges conforming to
§ 173.230(g) and defined as consumer
commodities to be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
since consumer commodities are
authorized for transport by air in
Column (9) of the HMT for the entry
‘‘Consumer commodity.’’ DGTC also
asserts inconsistency with HMR
provisions that allow for air transport of
limited quantities of the fuel types
typically found in the fuel cell
cartridges in inner packagings subject to
less stringent requirements than those
for the fuel cell cartridges themselves.
DGTC further contends that the
prohibition imposes unwarranted
additional transportation costs and
places emerging fuel cell technologies at
a competitive disadvantage with other
portable sources of electric power such
as batteries and could be detrimental to
their development as an alternative
energy source.
The requirements applicable to the
transportation of fuel cells adopted in
the January 14, 2009 final rule were
initially proposed in a notice of
proposed rulemaking (NPRM) published
July 31, 2008 (73 FR 44820) and are
consistent with standards adopted
internationally in the revised editions of
the ICAO TI, the IMDG Code, and the
UN Recommendations. Commenters to
the NPRM supported the fuel cell
proposals; no commenter addressed the
potential economic impact of the
proposals. We note, with regard to
DGTC’s concern about the economic
impact of the limited quantity
prohibition, that harmonization
E:\FR\FM\04JAR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 60-63]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31153]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8111]
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.
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:
[[Page 61]]
----------------------------------------------------------------------------------------------------------------
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 II
New Jersey:
Clayton, Borough of, 340198 May 15, 1973, Jan. 20, 2010......... Jan. 20, 2010.
Gloucester County. Emerg; March 11,
1983, Reg;
January 20,
2010, Susp.
Deptford, Township of, 340199 June 16, 1975, ......do\*\........... Do.
Gloucester County. Emerg; November
17, 1982, Reg;
January 20,
2010, Susp.
East Greenwich, Township 340200 March 27, 1975, ......do.............. Do.
of, Gloucester County. Emerg; December
1, 1982, Reg;
January 20,
2010, Susp.
Elk, Township of, 340201 December 11, ......do.............. Do.
Gloucester County. 1975, Emerg;
October 21,
1983, Reg;
January 20,
2010, Susp.
Glassboro, Borough of, 340203 June 5, 1975, ......do.............. Do.
Gloucester County. Emerg; August
16, 1982, Reg;
January 20,
2010, Susp.
Greenwich, Township of, 340204 April 18, 1973, ......do.............. Do.
Gloucester County. Emerg; September
16, 1982, Reg;
January 20,
2010, Susp.
Harrison, Township of, 340205 April 7, 1975, ......do.............. Do.
Gloucester County. Emerg; April 1,
1983, Reg;
January 20,
2010, Susp.
Logan, Township of, 340206 June 29, 1976, ......do.............. Do.
Gloucester County. Emerg; January
6, 1983, Reg;
January 20,
2010, Susp.
Mantua, Township of, 340207 May 8, 1975, ......do.............. Do.
Gloucester County. Emerg; November
3, 1982, Reg;
January 20,
2010, Susp.
Monroe, Township of, 340208 August 12, 1974, ......do.............. Do.
Gloucester County. Emerg; January
20, 1982, Reg;
January 20,
2010, Susp.
Paulsboro, Borough of, 340210 May 13, 1975, ......do.............. Do.
Gloucester County. Emerg; September
2, 1982, Reg;
January 20,
2010, Susp.
Swedesboro, Borough of, 340519 July 23, 1975, ......do.............. Do.
Gloucester County. Emerg; July 5,
1982, Reg;
January 20,
2010, Susp.
Washington, Township of, 340213 February 1, 1974, ......do.............. Do.
Gloucester County. Emerg; November
17, 1982, Reg;
January 20,
2010, Susp.
West Deptford, Township of, 340214 December 22, ......do.............. Do.
Gloucester County. 1972, Emerg;
June 1, 1982,
Reg; January 20,
2010, Susp.
Westville, Borough of, 340215 July 2, 1975, ......do.............. Do.
Gloucester County. Emerg; May 1,
1980, Reg;
January 20,
2010, Susp.
Woolwich, Township of, 340217 May 13, 1975, ......do.............. Do.
Gloucester County. Emerg; September
2, 1982, Reg;
January 20,
2010, Susp.
Region III
West Virginia:
Blacksville, City of, 540140 October 28, 1975, ......do.............. Do.
Monongalia County. Emerg; December
26, 1978, Reg;
January 20,
2010, Susp.
Granville, Town of, 540272 April 7, 1975, ......do.............. Do.
Monongalia County. Emerg; December
15, 1983, Reg;
January 20,
2010, Susp.
Monongalia County, 540139 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1984, Reg;
January 20,
2010, Susp.
Morgantown, City of, 540141 January 23, 1975, ......do.............. Do.
Monongalia County. Emerg; August 1,
1979, Reg;
January 20,
2010, Susp.
Star City, Town of, 540273 April 18, 1975, ......do.............. Do.
Monongalia County. Emerg; August 1,
1978, Reg;
January 20,
2010, Susp.
Westover, City of, 540274 January 27, 1975, ......do.............. Do.
Monongalia County. Emerg; August 1,
1978, Reg;
January 20,
2010, Susp.
Region IV
Tennessee:
Hohenwald, City of, Lewis 470304 April 16, 1986, ......do.............. Do.
County. Emerg; July 2,
1987, Reg;
January 20,
2010, Susp.
Lewis County, 470103 November 25, ......do.............. Do.
Unincorporated Areas. 1998, Emerg;
June 1, 2005,
Reg; January 20,
2010, Susp.
Region V
Illinois:
Bourbonnais, Village of, 170337 July 24, 1975, ......do.............. Do.
Kankakee County. Emerg; September
29, 1978, Reg;
January 20,
2010, Susp.
Bradley, Village of, 170338 October 29, 1974, ......do.............. Do.
Kankakee County. Emerg; March 1,
1978, Reg;
January 20,
2010, Susp.
Kankakee, City of, Kankakee 170339 May 29, 1973, ......do.............. Do.
County. Emerg; April 17,
1978, Reg;
January 20,
2010, Susp.
Kankakee County, 170336 April 28, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; July 2,
1979, Reg;
January 20,
2010, Susp.
Manteno, Village of, 170878 May 16, 1975, ......do.............. Do.
Kankakee County. Emerg; November
2, 1977, Reg;
January 20,
2010, Susp.
[[Page 62]]
Momence, City of, Kankakee 170340 August 8, 1975, ......do.............. Do.
County. Emerg; November
2, 1977, Reg;
January 20,
2010, Susp.
Wisconsin: Clintonville, 550494 April 2, 1974, ......do.............. Do.
City of, Waupaca County. Emerg; September
19, 1984, Reg;
January 20,
2010, Susp.
Embarrass, Village of, 550495 May 2, 1975, ......do.............. Do.
Waupaca County. Emerg; June 17,
1986, Reg;
January 20,
2010, Susp.
Fremont, Village of, 550496 March 29, 1974, ......do.............. Do.
Waupaca County. Emerg; June 15,
1977, Reg;
January 20,
2010, Susp.
Iola, Village of, Waupaca 550497 September 29, ......do.............. Do.
County. 1975, Emerg;
September 4,
1985, Reg;
January 20,
2010, Susp.
Kendall, Village of, Monroe 550287 June 3, 1974, ......do.............. Do.
County. Emerg; September
18, 1986, Reg;
January 20,
2010, Susp.
Manawa, City of, Waupaca 550498 March 17, 1975, ......do.............. Do.
County. Emerg; May 4,
1988, Reg;
January 20,
2010, Susp.
Marion, City of, Waupaca 550499 September 24, ......do.............. Do.
County. 1974, Emerg; May
4, 1988, Reg;
January 20,
2010, Susp.
Melvina, Village of, Monroe 550288 March 2, 1981, ......do.............. Do.
County. Emerg; March 2,
1981, Reg;
January 20,
2010, Susp.
Monroe County, 550571 February 18, ......do.............. Do.
Unincorporated Areas. 1976, Emerg; May
3, 1982, Reg;
January 20,
2010, Susp.
New London, City of, 550308 March 10, 1972, ......do.............. Do.
Waupaca County. Emerg; March 15,
1977, Reg;
January 20,
2010, Susp.
Norwalk, Village of, Monroe 550289 September 25, ......do.............. Do.
County. 1975, Emerg; N/
A, Reg; January
20, 2010, Susp.
Sparta, City of, Monroe 550290 April 15, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg;
January 20,
2010, Susp.
Tomah, City of, Monroe 550291 May 27, 1975, ......do.............. Do.
County. Emerg; August
17, 1981, Reg;
January 20,
2010, Susp.
Waupaca, City of, Waupaca 550502 May 13, 1975, ......do.............. Do.
County. Emerg; August 3,
1989, Reg;
January 20,
2010, Susp.
Waupaca County, 550492 December 17, ......do.............. Do.
Unincorporated Areas. 1971, Emerg;
August 15, 1977,
Reg; January 20,
2010, Susp.
Weyauwega, City of, Waupaca 550503 May 15, 1975, ......do.............. Do.
County. Emerg; July 1,
1987, Reg;
January 20,
2010, Susp.
Wilton, Village of, Monroe 550292 July 28, 1975, ......do.............. Do.
County. Emerg; October
15, 1985, Reg;
January 20,
2010, Susp.
Wyeville, Village of, 550293 July 18, 1975, ......do.............. Do.
Monroe County. Emerg; March 1,
1984, Reg;
January 20,
2010, Susp.
Region VI
Arkansas:
Garland County, 050433 May 25, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1991, Reg;
January 20,
2010, Susp.
Hot Springs, City of, 050084 November 12, ......do.............. Do.
Garland County. 1971, Emerg;
December 18,
1979, Reg;
January 20,
2010, Susp.
Lonsdale, Town of, Garland 050586 N/A, Emerg; April ......do.............. Do.
County. 14, 2006, Reg;
January 20,
2010, Susp.
Region IX
California:
Port Hueneme, City of, 065051 May 14, 1971, ......do.............. Do.
Ventura County. Emerg; September
24, 1984, Reg;
January 20,
2010, Susp.
Thousand Oaks, City of, 060422 November 13, ......do.............. Do.
Ventura County. 1970, Emerg;
September 29,
1978, Reg;
January 20,
2010, Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 63]]
Dated: December 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate.
[FR Doc. E9-31153 Filed 12-31-09; 8:45 am]
BILLING CODE 9110-12-P
