E8-16013. 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, [phone].

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

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:

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region III
Pennsylvania:
Coal, Township of, Northumberland County	421936	Aug. 12, 1974, Emerg; July 3, 1990, Reg; July 16, 2008, Susp.	July 17, 2008	July 16, 2008
Delaware, Township of, Northumberland County	421010	Nov. 19, 1973, Emerg; Nov. 19, 1980, Reg; July 16, 2008, Susp.	......do*	Do.
East Cameron, Township of, Northumberland County	421937	Sept. 3, 1975, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.	......do	Do.
East Chillisquaque, Township of, Northumberland County	422599	Oct. 15, 1975, Emerg; May 4, 1987, Reg; July 16, 2008, Susp.	......do	Do.
Herndon, Township of, Northumberland County	420735	Dec. 6, 1973, Emerg; Aug. 1, 1979, Reg; July 16, 2008, Susp.	......do	Do.
Jackson, Township of, Northumberland County	421938	Sept. 24, 1974, Emerg; Aug. 15, 1979, Reg; July 16, 2008, Susp.	......do	Do.
Jordan, Township of, Northumberland County	421939	Nov., Emerg; Aug. 15, 1980, Reg; July 16, 2008, Susp.	......do	Do.
Kulpmont, Borough of, Northumberland County	420736	Feb. 1, 1974, Emerg; May 1, 1978, Reg; July 16, 2008, Susp.	......do	Do.
Lewis, Township of, Northumberland County	421940	Mar. 8, 1976, Emerg; Apr. 1, 1986, Reg; July 16, 2008, Susp.	......do	Do.
Little Mahanoy, Township of, Northumberland County	421015	Jan. 30, 1974, Emerg; Sept. 5, 1979, Reg; July 16, 2008, Susp.	......do	Do.
Lower Augusta, Township of, Northumberland County	421017	Jan. 28, 1974, Emerg; Aug. 1, 1979, Reg; July 16, 2008, Susp.	......do	Do.
Lower Mahanoy, Township of, Northumberland County	421941	July 25, 1975, Emerg; Aug. 2, 1982, Reg; July 16, 2008, Susp.	......do	Do.
McEwensville, City of, Northumberland County	421935	Feb. 14, 1983, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.	......do	Do.
Milton, Borough of, Northumberland County	425384	Apr. 9, 1971, Emerg; Mar. 10, 1972, Reg; July 16, 2008, Susp.	......do	Do.
Mount Caramel, Borough of, Northumberland County	420738	Dec. 17, 1973, Emerg; July 17, 1978, Reg; July 16, 2008, Susp.	......do	Do.
Mount Caramel, Township of, Northumberland County	421942	Oct. 24, 1974, Emerg; May 3, 1990, Reg; July 16, 2008, Susp.	......do	Do.
Northumberland, Borough of, Northumberland County	420739	June 6, 1974, Emerg; Feb. 2, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Point, Township of, Northumberland County	421026	Nov. 19, 1973, Emerg; May 2, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Ralpho, Township of, Northumberland County	421027	Nov. 19, 1973, Emerg; Feb. 15, 1979, Reg; July 16, 2008, Susp.	......do	Do.
Riverside, Borough of, Northumberland County	420740	Nov. 19, 1973, Emerg; Apr. 15, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Rockefeller, City of, Northumberland County	421152	Apr. 12, 1974, Emerg; Apr. 1, 1986, Reg; July 16, 2008, Susp.	......do	Do.
Rush, Township of, Northumberland County	421943	Nov. 11, 1974, Emerg; Jan. 28, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Shamokin, City of, Northumberland County	420741	Apr. 5, 1974, Emerg; Dec. 16, 1980, Reg; July 16, 2008, Susp.	......do	Do.
Shamokin, Township of, Northumberland County	421159	Apr. 23, 1974, Emerg; Mar. 5, 1990, Reg; July 16, 2008, Susp.	......do	Do.
Snydertown, Borough of, Northumberland County	420742	May 27, 1975, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.	......do	Do.
Sunbury, City of, Northumberland County	420743	Sept. 3, 1971, Emerg; July 18, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Turbot, Township of, Northumberland County	420744	Mar. 16, 1973, Emerg; Aug. 15, 1979, Reg; July 16, 2008, Susp.	......do	Do.
Upper Augusta, Township of, Northumberland County	420745	Jan. 19, 1973, Emerg; May 2, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Upper Mahanoy, Township of, Northumberland County	421944	Oct. 24, 1975, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.	......do	Do.
Washington, Township of, Northumberland County	421945	Nov. 7, 1975, Emerg; Dec. 15, 1978, Reg; July 16, 2008, Susp.	......do	Do.
Watsontown, Township of, Northumberland County	420746	Nov. 19, 1973, Emerg; Jan. 2, 1980, Reg; July 16, 2008, Susp.	......do	Do.
West Cameron, Township of, Northumberland County	421946	Oct. 15, 1975, Emerg; Jan. 17, 1990, Reg; July 16, 2008, Susp.	......do	Do.
West Chillisquaque, Township of, Northumberland County	421033	Jan. 28, 1974, Emerg; Apr. 15, 1977, Reg; July 16, 2008, Susp.	......do	Do.
Zerbe, Township of, Northumberland County	421947	Aug. 20, 1974, Emerg; Jan. 17, 1990, Reg; July 16, 2008, Susp.	......do	Do.
Region V
Illinois:
Chenoa, City of, McLean County	170492	Mar. 27, 1975, Emerg; June 11, 1976, Reg; July 16, 2008, Susp.	......do	Do.
Colfax, City of, McLean County	170493	June 17, 1975, Emerg; Jan. 18, 2002, Reg; July 16, 2008, Susp.	......do	Do.
Cooksville, Village of, McLean County	170494	July 1, 1975, Emerg; June 11, 1976, Reg; July 16, 2008, Susp.	......do	Do.
Danvers, Village of, McLean County	170495	Aug. 7, 1975, Emerg; Aug. 19, 1986, Reg; July 16, 2008, Susp.	......do	Do.
Downs, Village of, McLean County	171072	May 31, 2000, Emerg; Feb. 9, 2001, Reg; July 16, 2008, Susp.	......do	Do.
Heyworth, Village of, McLean County	170497	Mar. 7, 1983, Emerg; Dec. 1, 1983, Reg; July 16, 2008, Susp.	......do	Do.
Hudson, Village of, McLean County	170498	May 12, 1975, Emerg; June 11, 1976, Reg; July 16, 2008, Susp.	......do	Do.
Leroy, City of, McLean County	170499	May 6, 1975, Emerg; May 2, 1980, Reg; July 16, 2008, Susp.	......do	Do.
Lexington, City of, McLean County	170500	Aug. 10, 1998, Emerg; Feb. 9, 2001, Reg; July 16, 2008, Susp.	......do	Do.
McLean, Village of, McLean County	170501	Mar. 15, 1976, Emerg; Sept. 30, 1976, Reg; July 16, 2008, Susp.	......do	Do.
McLean County, Unincorporated Areas	170931	Sept. 19, 1979, Emerg; Dec. 18, 1985, Reg; July 16, 2008, Susp.	......do	Do.
Normal, Town of, McLean County	170502	June 19, 1975, Emerg; Sept. 1, 1983, Reg; July 16, 2008, Susp.	......do	Do.
Saybrook, Village of, McLean County	171074	__, Emerg; Feb. 24, 2003, Reg; July 16, 2008, Susp.	......do	Do.
Towanda, Village of, McLean County	170504	May 12, 1975, Emerg; Sept. 4, 1987, Reg; July 16, 2008, Susp.	......do	Do.
Region VIII
South Dakota:
Aurora, Town of, Brookings County	460051	Jan. 16, 2007, Emerg;____, Reg; July 16, 2008, Susp.	......do	Do.
Brookings, City of, Brookings County	460004	Apr. 16, 1974, Emerg; Oct. 17, 1978, Reg; July 16, 2008, Susp.	......do	Do.
Brookings County, Unincorporated Areas	460253	July 19, 1987, Emerg; Jan. 1, 1987, Reg; July 16, 2008, Susp.	......do	Do.
Bruce, Town of, Brookings County	460005	Aug. 20, 1975, Emerg; Feb. 5, 1980, Reg; July 16, 2008, Susp.	......do	Do.
*-do-=Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: July 1, 2008.

Michael K. Buckley,

Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.