Federal Register: August 3, 2009 (Volume 74, Number 147)
DOCID: fr03au09-12 FR Doc E9-18406
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 64
Docket ID: [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8085]
NOTICE: RULES
DOCID: fr03au09-12
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Suspension of Community Eligibility
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.
DOCUMENT 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.
SUMMARY:
Suspension of Community Eligibility
SUPPLEMENTAL 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
[[Page 38359]]
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 floodprone areas (section 202(a) of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended).
This prohibition against certain types of Federal assistance becomes
effective for the communities listed on the date shown in the last
column. The Administrator finds that notice and public comment under 5
U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified.
Each community receives 6month, 90day, and 30day 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.
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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are amended as follows:[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/ PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]
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 York:
Blooming Grove, Town of, 360608 May 8, 1975, Aug. 3, 2009.......... Aug. 3, 2009. Orange County. Emerg; November 15, 1985, Reg; August 3, 2009, Susp.
Chester, Town of, Orange 360870 March 31, 1975, ......*do............. Do. County. Emerg; September 18, 1986, Reg; August 3, 2009, Susp.
Chester, Village of, Orange 361541 July 23, 1975, ......do.............. Do. County. Emerg; September 18, 1986, Reg; August 3, 2009, Susp.
Cornwall, Town of, Orange 360611 April 15, 1975, ......do.............. Do. County. Emerg; September 30, 1982, Reg; August 3, 2009, Susp.
Cornwall on Hudson, Village 360610 July 18, 1974, ......do.............. Do.
of, Orange County. Emerg; August 2, 1982, Reg;
August 3, 2009, Susp.
Crawford, Town of, Orange 361250 October 1, 1975, ......do.............. Do. County. Emerg; September 30, 1982, Reg; August 3, 2009, Susp.
Florida, Village of, Orange 360613 July 28, 1975, ......do.............. Do. County. Emerg; December 4, 1986, Reg; August 3, 2009, Susp.
Goshen, Town of, Orange 360614 April 4, 1975, ......do.............. Do.
County. Emerg; April 30, 1986, Reg;
August 3, 2009, Susp.
Goshen, Village of, Orange 361571 July 7, 1975, ......do.............. Do.
County. Emerg; April 30, 1986, Reg;
August 3, 2009, Susp.
Greenwood Lake, Village of, 360616 January 23, 1974, ......do.............. Do.
Orange County. Emerg; June 15, 1979, Reg;
August 3, 2009, Susp.
Highland Falls, Village of, 361453 July 2, 1974, ......do.............. Do.
Orange County. Emerg; June 25, 1976, Reg;
August 3, 2009, Susp.
Highlands, Township of, 361251 June 9, 1975, ......do.............. Do. Orange County. Emerg; November 30, 1979, Reg; August 3, 2009, Susp.
Kiryas Joel, Village of, 361610 August 31, 1994, ......do.............. Do.
Orange County. Emerg; June 14, 2002, Reg;
August 3, 2009, Susp.
Middletown, City of, Orange 360619 May 14, 1975, ......do.............. Do.
County. Emerg; March 2, 1983, Reg;
August 3, 2009, Susp.
Monroe, Village of, Orange 360622 March 10, 1975, ......do.............. Do. County. Emerg; January 6, 1982, Reg; August 3, 2009, Susp.
Montgomery, Town of, Orange 360623 July 22, 1975, ......do.............. Do. County. Emerg; October 16, 1984, Reg; August 3, 2009, Susp.
Montgomery, Village of, 360624 May 16, 1974, ......do.............. Do. Orange County. Emerg; October 16, 1984, Reg; August 3, 2009, Susp.
[[Page 38360]]
New Windsor, Town of, 360628 March 1, 1974, ......do.............. Do. Orange County. Emerg; December 15, 1978, Reg; August 3, 2009, Susp.
Newburgh, City of, Orange 360626 June 9, 1975, ......do.............. Do.
County. Emerg; June 5, 1985, Reg;
August 3, 2009, Susp.
Newburgh, Town of, Orange 360627 July 22, 1975, ......do.............. Do.
County. Emerg; June 5, 1985, Reg;
August 3, 2009, Susp.
Tuxedo, Town of, Orange 360631 June 2, 1975, ......do.............. Do.
County. Emerg; April 15, 1985, Reg;
August 3, 2009, Susp.
Unionville, Village of, 360633 July 2, 1975, ......do.............. Do.
Orange County. Emerg; July 6, 1984, Reg;
August 3, 2009, Susp.
Wallkill, Town of, Orange 360634 March 28, 1975, ......do.............. Do. County. Emerg; September 4, 1986, Reg; August 3, 2009, Susp.
Warwick, Town of, Orange 360636 August 5, 1974, ......do.............. Do. County. Emerg; October 15, 1985, Reg; August 3, 2009, Susp.
Washingtonville, Village 360638 August 11, 1972, ......do.............. Do.
of, Orange County. Emerg; April 1, 1981, Reg;
August 3, 2009, Susp.
Woodbury, Village of, 360640 March 13, 1975, ......do.............. Do.
Orange County. Emerg; March 18, 1987, Reg;
August 3, 2009, Susp.
Region IV
Alabama:
Blount County, 010230 July 22, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; June 17, 1991, Reg;
August 3, 2009, Susp.
Blountsville, Town of, 010371 December 3, 2008, ......do.............. Do. Blount County. Emerg; NA, Reg; August 3, 2009, Susp.
Oneonta, City of, Blount 010015 July 15, 1975, ......do.............. Do. County. Emerg; August 19, 1986, Reg; August 3, 2009, Susp.
Snead, Town of, Blount 010227 May 8, 2008, ......do.............. Do. County. Emerg; NA, Reg; August 3, 2009, Susp.
Kentucky:
Livingston, City of, 210202 August 20, 1975, ......do.............. Do.
Rockcastle County. Emerg; June 17, 1986, Reg;
August 3, 2009, Susp.
McKee, City of, Jackson 210119 March 31, 1975, ......do.............. Do.
County. Emerg; July 17, 1986, Reg;
August 3, 2009, Susp.
Mount Vernon, City of, 210374 September 4, ......do.............. Do. Rockcastle County. 1996, Emerg; NA, Reg; August 3, 2009, Susp.
Spencer County, 210211 August 8, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 3, 1986, Reg;
August 3, 2009, Susp.
Taylorsville, City of, 210247 September 26, ......do.............. Do. Spencer County. 1975, Emerg; June 4, 1987, Reg; August 3, 2009, Susp. North Carolina:
Ahoskie, Town of, Hertford 370131 May 13, 1974, ......do.............. Do.
County. Emerg; May 1, 1987, Reg;
August 3, 2009, Susp.
Cofield, Town of, Hertford 370409 August 7, 2001, ......do.............. Do. County. Emerg; NA, Reg; August 3, 2009, Susp.
Hertford County, 370130 October 6, 1995, ......do.............. Do. Unincorporated Areas. Emerg; November 1, 1999, Reg; August 3, 2009, Susp.
Murfreesboro, Town of, 370419 March 12, 1980, ......do.............. Do.
Hertford County. Emerg; June 1, 1987, Reg;
August 3, 2009, Susp.
Winton, Town of, Hertford 370424 August 3, 1979, ......do.............. Do.
County. Emerg; July 1, 1987, Reg;
August 3, 2009, Susp.
Tennessee:
Clifton, City of, Wayne 470200 May 2, 1980, ......do.............. Do.
County. Emerg; March 4, 1988, Reg;
August 3, 2009, Susp.
Jackson, City of, Madison 470113 April 18, 1974, ......do.............. Do.
County. Emerg; July 5, 1983, Reg;
August 3, 2009, Susp.
Madison County, 470112 April 23, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 5, 1983, Reg;
August 3, 2009, Susp.
Medon, Town of, Madison 470403 NA, Emerg; ......do.............. Do.
County. November 1, 2007, Reg;
August 3, 2009, Susp.
Wayne County, 470199 August 15, 2003, ......do.............. Do.
Unincorporated Areas. Emerg; June 1, 2005, Reg;
August 3, 2009, Susp.
Waynesboro, City of, Wayne 470201 February 13, ......do.............. Do.
County. 1976, Emerg;
January 16, 1987, Reg;
August 3, 2009, Susp.
Region V
Illinois: Barrington Hills, 170058 April 3, 1975, ......do.............. Do.
Village of, Cook, Kane, Lake, Emerg; August
McHenry County. 10, 1979, Reg;
August 3, 2009, Susp.
Indiana:
Allen County, 180302 February 14, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
September 28, 1990, Reg;
August 3, 2009, Susp.
[[Page 38361]]
Fort Wayne, City of, Allen 180003 May 24, 1974, ......do.............. Do.
County. Emerg; April 3, 1985, Reg;
August 3, 2009, Susp.
Grabill, Town of, Allen 180499 NA, Emerg; ......do.............. Do.
County. October 17, 1990, Reg;
August 3, 2009, Susp.
Huntertown, Town of, Allen 180005 July 29, 1975, ......do.............. Do. County. Emerg; November 2, 1983, Reg; August 3, 2009, Susp.
LeoCedarville, Town of, 180518 NA, Emerg; ......do.............. Do.
Allen County. February 9, 2000, Reg;
August 3, 2009, Susp.
Monroeville, Town of, Allen 180498 NA, Emerg; ......do.............. Do.
County. October 17, 1990, Reg;
August 3, 2009, Susp.
Newhaven, City of, Allen 180004 January 30, 1975, ......do.............. Do.
County. Emerg; July 18, 1983, Reg;
August 3, 2009, Susp.
Woodburn, City of, Allen 180500 NA, Emerg; ......do.............. Do.
County. October 17, 1990, Reg;
August 3, 2009, Susp.
Region VI
Oklahoma:
Bixby, City of, Tulsa 400207 March 6, 1974, ......do.............. Do. County. Emerg; September 28, 1979, Reg; August 3, 2009, Susp.
Broken Arrow, City of, 400236 November 27, ......do.............. Do. Tulsa County. 1974, Emerg; August 17, 1981, Reg; August 3, 2009, Susp.
Collinsville, City of, 400360 November 21, ......do.............. Do. Tulsa County. 1975, Emerg; July 2, 1981, Reg; August 3, 2009, Susp.
Glenpool, City of, Tulsa 400208 February 6, 1975, ......do.............. Do.
County. Emerg; March 2, 1981, Reg;
August 3, 2009, Susp.
Jenks, City of, Tulsa 400209 November 1, 1974, ......do.............. Do. County. Emerg; February 17, 1982, Reg; August 3, 2009, Susp.
Owasso, City of, Tulsa 400210 April 26, 1974, ......do.............. Do.
County. Emerg; July 2, 1981, Reg;
August 3, 2009, Susp.
Sand Springs, City of, 400211 August 5, 1974, ......do.............. Do.
Tulsa County. Emerg; June 15, 1981, Reg;
August 3, 2009, Susp.
Skiatook, Town of, Tulsa 400212 July 2, 1974, ......do.............. Do.
County. Emerg; July 16, 1980, Reg;
August 3, 2009, Susp.
Sperry, Town of, Tulsa 400213 June 17, 1975, ......do.............. Do.
County. Emerg; July 16, 1981, Reg;
August 3, 2009, Susp.
Tulsa, City of, Tulsa 405381 November 20, ......do.............. Do. County. 1970, Emerg; August 13, 1971, Reg; August 3, 2009, Susp.
Tulsa County, 400462 April 21, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
16, 1982, Reg;
August 3, 2009, Susp.
Region VII
Iowa:
Delhi, City of, Delaware 190566 December 17, ......do.............. Do. County. 1999, Emerg; NA, Reg; August 3, 2009, Susp.
Dundee, City of, Delaware 190363 November 30, ......do.............. Do. County. 1977, Emerg; August 1, 1986, Reg; August 3, 2009, Susp.
Hopkinton, City of, 190364 February 12, ......do.............. Do. Delaware County. 1982, Emerg; July 2, 1987, Reg; August 3, 2009, Susp.
Manchester, City of, 190112 April 25, 1975, ......do.............. Do. Delaware County. Emerg; October 15, 1982, Reg; August 3, 2009, Susp.
Masonville, City of, 190365 October 28, 1993, ......do.............. Do.
Delaware County. Emerg; July 1, 1997, Reg;
August 3, 2009, Susp.
Ryan, City of, Delaware 190801 April 26, 2005, ......do.............. Do. County. Emerg; NA, Reg; August 3, 2009, Susp.
Kansas:
DeSoto, City of, Johnson 200161 May 16, 1975, ......do.............. Do.
County. Emerg; August 1, 1979, Reg;
August 3, 2009, Susp.
Edgerton, City of, Johnson 200162 January 12, 1976, ......do.............. Do.
County. Emerg; August 1, 1979, Reg;
August 3, 2009, Susp.
Gardner, City of, Johnson 200164 June 25, 1975, ......do.............. Do.
County. Emerg; April 15, 1977, Reg;
August 3, 2009, Susp.
Johnson County, 200159 September 17, ......do.............. Do. Unincorporated Areas. 1979, Emerg; August 15, 1980, Reg; August 3, 2009, Susp.
Leawood, City of, Johnson 200167 September 1, ......do.............. Do.
County. 1972, Emerg;
September 30, 1977, Reg;
August 3, 2009, Susp.
Lenexa, City of, Johnson 200168 June 12, 1975, ......do.............. Do.
County. Emerg; August 1, 1977, Reg;
August 3, 2009, Susp.
Merriam, City of, Johnson 200169 April 14, 1975, ......do.............. Do.
County. Emerg; May 15, 1978, Reg;
August 3, 2009, Susp.
Olathe, City of, Johnson 200173 January 19, 1973, ......do.............. Do. County. Emerg; November 15, 1978, Reg; August 3, 2009, Susp.
[[Page 38362]]
Overland Park, City of, 200174 September 8, ......do.............. Do.
Johnson County. 1972, Emerg;
September 30, 1977, Reg;
August 3, 2009, Susp.
Roeland Park, City of, 200176 November 7, 1975, ......do.............. Do.
Johnson County. Emerg; June 30, 1976, Reg;
August 3, 2009, Susp.
Shawnee, City of, Johnson 200177 February 24, ......do.............. Do.
County. 1975, Emerg;
November 15, 1978, Reg;
August 3, 2009, Susp.
Region IX
California:
Alameda, City of, Alameda 060002 June 26, 1975, ......do.............. Do.
County. Emerg; August 1, 1978, Reg;
August 3, 2009, Susp.
Berkeley, City of, Alameda 060004 October 22, 1971, ......do.............. Do. County. Emerg; September 1, 1978, Reg; August 3, 2009, Susp.
Newark, City of, Alameda 060009 April 22, 1974, ......do.............. Do. County. Emerg; December 1, 1978, Reg; August 3, 2009, Susp.
Oakland, City of, Alameda 065048 December 4, 1970, ......do.............. Do.
County. Emerg; September
30, 1982, Reg;
August 3, 2009, Susp.
*do =Ditto.
Code for reading third column: Emerg.Emergency; Reg.Regular; Susp.Suspension. Deborah Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation
Directorate, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E918406 Filed 73109; 8:45 am]
BILLING CODE 911012P
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) 6462953.