E8-16013. Suspension of Community Eligibility  

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    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.

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    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.

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    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.

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    List of Subjects in 44 CFR Part 64

    • Flood insurance
    • Floodplains
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    Accordingly, 44 CFR part 64 is amended as follows:

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    PART 64—[AMENDED]

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

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    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.

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    [Amended]
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    2. The tables published under the authority of § 64.6 are amended as follows:

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    State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
    Region III
    Pennsylvania:
    Coal, Township of, Northumberland County421936Aug. 12, 1974, Emerg; July 3, 1990, Reg; July 16, 2008, Susp.July 17, 2008July 16, 2008
    Delaware, Township of, Northumberland County421010Nov. 19, 1973, Emerg; Nov. 19, 1980, Reg; July 16, 2008, Susp.......do*  Do.
    East Cameron, Township of, Northumberland County421937Sept. 3, 1975, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.......do  Do.
    East Chillisquaque, Township of, Northumberland County422599Oct. 15, 1975, Emerg; May 4, 1987, Reg; July 16, 2008, Susp.......do  Do.
    Herndon, Township of, Northumberland County420735Dec. 6, 1973, Emerg; Aug. 1, 1979, Reg; July 16, 2008, Susp.......do  Do.
    Jackson, Township of, Northumberland County421938Sept. 24, 1974, Emerg; Aug. 15, 1979, Reg; July 16, 2008, Susp.......do  Do.
    Jordan, Township of, Northumberland County421939Nov., Emerg; Aug. 15, 1980, Reg; July 16, 2008, Susp.......do  Do.
    Kulpmont, Borough of, Northumberland County420736Feb. 1, 1974, Emerg; May 1, 1978, Reg; July 16, 2008, Susp.......do  Do.
    Lewis, Township of, Northumberland County421940Mar. 8, 1976, Emerg; Apr. 1, 1986, Reg; July 16, 2008, Susp.......do  Do.
    Little Mahanoy, Township of, Northumberland County421015Jan. 30, 1974, Emerg; Sept. 5, 1979, Reg; July 16, 2008, Susp.......do  Do.
    Lower Augusta, Township of, Northumberland County421017Jan. 28, 1974, Emerg; Aug. 1, 1979, Reg; July 16, 2008, Susp.......do  Do.
    Lower Mahanoy, Township of, Northumberland County421941July 25, 1975, Emerg; Aug. 2, 1982, Reg; July 16, 2008, Susp.......do  Do.
    McEwensville, City of, Northumberland County421935Feb. 14, 1983, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.......do  Do.
    Milton, Borough of, Northumberland County425384Apr. 9, 1971, Emerg; Mar. 10, 1972, Reg; July 16, 2008, Susp.......do  Do.
    Mount Caramel, Borough of, Northumberland County420738Dec. 17, 1973, Emerg; July 17, 1978, Reg; July 16, 2008, Susp.......do  Do.
    Mount Caramel, Township of, Northumberland County421942Oct. 24, 1974, Emerg; May 3, 1990, Reg; July 16, 2008, Susp.......do  Do.
    Northumberland, Borough of, Northumberland County420739June 6, 1974, Emerg; Feb. 2, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Point, Township of, Northumberland County421026Nov. 19, 1973, Emerg; May 2, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Ralpho, Township of, Northumberland County421027Nov. 19, 1973, Emerg; Feb. 15, 1979, Reg; July 16, 2008, Susp.......do  Do.
    Riverside, Borough of, Northumberland County420740Nov. 19, 1973, Emerg; Apr. 15, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Rockefeller, City of, Northumberland County421152Apr. 12, 1974, Emerg; Apr. 1, 1986, Reg; July 16, 2008, Susp.......do  Do.
    Rush, Township of, Northumberland County421943Nov. 11, 1974, Emerg; Jan. 28, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Shamokin, City of, Northumberland County420741Apr. 5, 1974, Emerg; Dec. 16, 1980, Reg; July 16, 2008, Susp.......do  Do.
    Shamokin, Township of, Northumberland County421159Apr. 23, 1974, Emerg; Mar. 5, 1990, Reg; July 16, 2008, Susp.......do  Do.
    Snydertown, Borough of, Northumberland County420742May 27, 1975, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.......do  Do.
    Sunbury, City of, Northumberland County420743Sept. 3, 1971, Emerg; July 18, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Turbot, Township of, Northumberland County420744Mar. 16, 1973, Emerg; Aug. 15, 1979, Reg; July 16, 2008, Susp.......do  Do.
    Upper Augusta, Township of, Northumberland County420745Jan. 19, 1973, Emerg; May 2, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Upper Mahanoy, Township of, Northumberland County421944Oct. 24, 1975, Emerg; Sept. 1, 1986, Reg; July 16, 2008, Susp.......do  Do.
    Washington, Township of, Northumberland County421945Nov. 7, 1975, Emerg; Dec. 15, 1978, Reg; July 16, 2008, Susp.......do  Do.
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    Watsontown, Township of, Northumberland County420746Nov. 19, 1973, Emerg; Jan. 2, 1980, Reg; July 16, 2008, Susp.......do  Do.
    West Cameron, Township of, Northumberland County421946Oct. 15, 1975, Emerg; Jan. 17, 1990, Reg; July 16, 2008, Susp.......do  Do.
    West Chillisquaque, Township of, Northumberland County421033Jan. 28, 1974, Emerg; Apr. 15, 1977, Reg; July 16, 2008, Susp.......do  Do.
    Zerbe, Township of, Northumberland County421947Aug. 20, 1974, Emerg; Jan. 17, 1990, Reg; July 16, 2008, Susp.......do  Do.
    Region V
    Illinois:
    Chenoa, City of, McLean County170492Mar. 27, 1975, Emerg; June 11, 1976, Reg; July 16, 2008, Susp.......do  Do.
    Colfax, City of, McLean County170493June 17, 1975, Emerg; Jan. 18, 2002, Reg; July 16, 2008, Susp.......do  Do.
    Cooksville, Village of, McLean County170494July 1, 1975, Emerg; June 11, 1976, Reg; July 16, 2008, Susp.......do  Do.
    Danvers, Village of, McLean County170495Aug. 7, 1975, Emerg; Aug. 19, 1986, Reg; July 16, 2008, Susp.......do  Do.
    Downs, Village of, McLean County171072May 31, 2000, Emerg; Feb. 9, 2001, Reg; July 16, 2008, Susp.......do  Do.
    Heyworth, Village of, McLean County170497Mar. 7, 1983, Emerg; Dec. 1, 1983, Reg; July 16, 2008, Susp.......do  Do.
    Hudson, Village of, McLean County170498May 12, 1975, Emerg; June 11, 1976, Reg; July 16, 2008, Susp.......do  Do.
    Leroy, City of, McLean County170499May 6, 1975, Emerg; May 2, 1980, Reg; July 16, 2008, Susp.......do  Do.
    Lexington, City of, McLean County170500Aug. 10, 1998, Emerg; Feb. 9, 2001, Reg; July 16, 2008, Susp.......do  Do.
    McLean, Village of, McLean County170501Mar. 15, 1976, Emerg; Sept. 30, 1976, Reg; July 16, 2008, Susp.......do  Do.
    McLean County, Unincorporated Areas170931Sept. 19, 1979, Emerg; Dec. 18, 1985, Reg; July 16, 2008, Susp.......do  Do.
    Normal, Town of, McLean County170502June 19, 1975, Emerg; Sept. 1, 1983, Reg; July 16, 2008, Susp.......do  Do.
    Saybrook, Village of, McLean County171074__, Emerg; Feb. 24, 2003, Reg; July 16, 2008, Susp.......do  Do.
    Towanda, Village of, McLean County170504May 12, 1975, Emerg; Sept. 4, 1987, Reg; July 16, 2008, Susp.......do  Do.
    Region VIII
    South Dakota:
    Aurora, Town of, Brookings County460051Jan. 16, 2007, Emerg;____, Reg; July 16, 2008, Susp.......do  Do.
    Brookings, City of, Brookings County460004Apr. 16, 1974, Emerg; Oct. 17, 1978, Reg; July 16, 2008, Susp.......do  Do.
    Brookings County, Unincorporated Areas460253July 19, 1987, Emerg; Jan. 1, 1987, Reg; July 16, 2008, Susp.......do  Do.
    Bruce, Town of, Brookings County460005Aug. 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.
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    Dated: July 1, 2008.

    Michael K. Buckley,

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

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    [FR Doc. E8-16013 Filed 7-14-08; 8:45 am]

    BILLING CODE 9110-12-P

Document Information

Comments Received:
0 Comments
Published:
07/15/2008
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
E8-16013
Pages:
40468-40470 (3 pages)
Docket Numbers:
Docket No. FEMA-8031
Topics:
Flood insurance, Flood plains
PDF File:
e8-16013.pdf
CFR: (1)
44 CFR 64.6