E9-10602. 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:
Bellefonte, Borough of, Centre County	420257	March 30, 1973, Emerg; February 2, 1977, Reg; May 7, 3009, Susp.	May 4, 2009	May 7, 3009.
Benner, Township of, Centre County	421460	April 7, 1975, Emerg; February 2, 1977, Reg; May 7, 3009, Susp.	......do*	Do.
Boggs, Township of, Centre County	421193	September 16, 1975, Emerg; August 15, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Burnside, Township of, Centre County	421461	April 17, 1975, Emerg; January 17, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Collge, Township of, Centre County	420259	April 19, 1973, Emerg; July 4, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Curtin, Township of, Centre County	421462	November 15, 1974, Emerg; June 5, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Ferguson, Township of, Centre County	420260	May 17, 1973, Emerg; July 17, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Gregg, Township of, Centre County	421194	April 29, 1975, Emerg; November 2, 1984, Reg; May 7, 3009, Susp.	......do	Do.
Haines, Township of, Centre County	420261	March 30, 1973, Emerg; August 1, 1978, Reg; May 7, 3009, Susp.	......do	Do.
Halfmoon, Township of, Centre County	421463	April 30, 1975, Emerg; October 13, 1978, Reg; May 7, 3009, Susp.	......do	Do.
Harris, Township of, Centre County	420262	June 6, 1973, Emerg; June 5, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Howard, Borough of, Centre County	420263	May 13, 1975, Emerg; August 3, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Howard, Township of, Centre County	421464	February 9, 1976, Emerg; August 3, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Huston, Township of, Centre County	421195	September 15, 1975, Emerg; June 5, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Liberty, Township of, Centre County	421196	April 13, 1976, Emerg; June 5, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Marion, Township of, Centre County	421465	July 29, 1975, Emerg; November 2, 1984, Reg; May 7, 3009, Susp.	......do	Do.
Miles, Township of, Centre County	421197	March 10, 1975, Emerg; December 4, 1985, Reg; May 7, 3009, Susp.	......do	Do.
Milesburg, Borough of, Centre County	420264	June 17, 1975, Emerg; February 2, 1977, Reg; May 7, 3009, Susp.	......do	Do.
Millheim, Borough of, Centre County	420265	July 3, 1975, Emerg; June 5, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Patton, Township of, Centre County	420266	June 6, 1973, Emerg; February 19, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Penn, Township of, Centre County	421466	September 24, 1974, Emerg; October 17, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Philipsburg, Borough of, Centre County	420267	August 15, 1974, Emerg; August 15, 1990, Reg; May 7, 3009, Susp.	......do	Do.
Port Matilda, Borough of, Centre County	420268	January 7, 1975, Emerg; November 3, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Potter, Township of, Centre County	421467	July 7, 1975, Emerg; February 5, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Rush, Township of, Centre County	421468	February 11, 1975, Emerg; November 16, 1990, Reg; May 7, 3009, Susp.	......do	Do.
Snow Shoe, Borough of, Centre County	421459	February 18, 1976, Emerg; August 10, 1979, Reg; May 7, 3009, Susp.	......do	Do.
Snow Shoe, Township of, Centre County	421198	February 18, 1976, Emerg; June 19, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Spring, Township of, Centre County	420269	October 13, 1972, Emerg; April 15, 1977, Reg; May 7, 3009, Susp.	......do	Do.
State College, Borough of, Centre County	420270	May 25, 1973, Emerg; June 30, 1976, Reg; May 7, 3009, Susp.	......do	Do.
Taylor, Township of, Centre County	421469	June 24, 1981, Emerg; January 3, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Union, Township of, Centre County	421470	July 23, 1975, Emerg; July 17, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Unionville, Borough of, Centre County	420272	November 11, 1975, Emerg; November 3, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Walker, Township of, Centre County	421471	September 16, 1974, Emerg; July 17, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Worth, Township of, Centre County	421472	December 8, 1975, Emerg; August 15, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Virginia: Virginia Beach, City of, Independent City	515531	September 11, 1970, Emerg; April 23, 1971, Reg; May 7, 3009, Susp.	......do	Do.
Region IV
Florida:
Perry, City of, Taylor County	120303	January 30, 1975, Emerg; May 17, 1982, Reg; May 7, 3009, Susp.	......do	Do.
Taylor County, Unincorporated Areas	120302	April 25, 1975, Emerg; November 16, 1983, Reg; May 7, 3009, Susp.	......do	Do.
Georgia:
Gray, City of, Jones County	130237	May 29, 1975, Emerg; May 21, 1982, Reg; May 7, 3009, Susp.	......do	Do.
Jones County, Unincorporated Areas	130434	November 10, 1987, Emerg; September 1, 1990, Reg; May 7, 3009, Susp.	......do	Do.
North Carolina: Macon County, Unincorporated Areas	370150	November 21, 2000, Emerg; June 1, 2001, Reg; May 7, 3009, Susp.	......do	Do.
Tennessee:
Anderson County, Unincorporated Areas	470217	August 5, 1975, Emerg; September 5, 1984, Reg; May 7, 3009, Susp.	......do	Do.
Atoka, Town of, Tipton County	470419	NA, Emerg; May 8, 2001, Reg; May 7, 3009, Susp.	......do	Do.
Calhoun, City of, McMinn County	470232	July 31, 1975, Emerg; July 3, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Chester County, Unincorporated Areas	470348	November 17, 1994, Emerg; September 28, 2007, Reg; May 7, 3009, Susp.	......do	Do.
Clinton, City of, Anderson County	470001	July 28, 1972, Emerg; July 18, 1977, Reg; May 7, 3009, Susp.	......do	Do.
Henderson, City of, Chester County	470029	July 25, 1975, Emerg; March 18, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Lake City, Town of, Anderson County	475436	October 23, 1970, Emerg; February 26, 1971, Reg; May 7, 3009, Susp.	......do	Do.
Maury County, Unincorporated Areas	470123	November 29, 1985, Emerg; November 3, 1989, Reg; May 7, 3009, Susp.	......do	Do.
Munford, City of, Tipton County	470422	NA, Emerg; June 30, 2003, Reg; May 7, 3009, Susp.	......do	Do.
Norris, City of, Anderson County	470003	March 11, 1975, Emerg; June 25, 1976, Reg; May 7, 3009, Susp.	......do	Do.
Oak Ridge, City of, Anderson, Roane Counties	475441	December 17, 1971, Emerg; October 27, 1972, Reg; May 7, 3009, Susp.	......do	Do.
Tipton County, Unincorporated Areas	470340	July 3, 1975, Emerg; April 2, 1991, Reg; May 7, 3009, Susp.	......do	Do.
Region V
Illinois:
Cairo, City of, Alexander County	170004	November 5, 1971, Emerg; February 1, 1978, Reg; May 7, 3009, Susp.	......do	Do.
East Cape Girardeau, Village of, Alexander County	170916	May 5, 1976, Emerg; December 4, 1985, Reg; May 7, 3009, Susp.	......do	Do.
Menard County, Unincorporated Areas	170505	May 1, 1975, Emerg; September 2, 1988, Reg; May 7, 3009, Susp.	......do	Do.
Petersburg, City of, Menard County	170506	August 11, 1975, Emerg; September 18, 1975, Reg; May 7, 3009, Susp.	......do	Do.
Tallula, Village of, Menard County	170803	June 3, 1976, Emerg; May 25, 1978, Reg; May 7, 3009, Susp.	......do	Do.
Michigan:
Baltimore, Township of, Barry County	260666	March 12, 1976, Emerg; July 18, 1985, Reg; May 7, 3009, Susp.	......do	Do.
Castleton, Township of, Barry County	260641	September 26, 1975, Emerg; May 17, 1988, Reg; May 7, 3009, Susp.	......do	Do.
Hastings, City of, Barry County	260314	January 22, 1976, Emerg; February 18, 1981, Reg; May 7, 3009, Susp.	......do	Do.
Hastings, Township of, Barry County	260648	November 19, 1975, Emerg; June 15, 1981, Reg; May 7, 3009, Susp.	......do	Do.
Homer, Township of, Midland County	260989	May 14, 1997, Emerg; NA, Reg; May 7, 3009, Susp.	......do	Do.
Hope, Township of, Barry County	260681	June 7, 1976, Emerg; February 6, 1984, Reg; May 7, 3009, Susp.	......do	Do.
Irving, Township of, Barry County	260354	January 31, 1991, Emerg; January 1, 1992, Reg; May 7, 3009, Susp.	......do	Do.
Johnstown, Township of, Barry County	260355	July 15, 1976, Emerg; April 2, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Maple Grove, Township of, Barry County	260644	October 30, 1975, Emerg; February 1, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Midland, City of, Midland, Bay Counties	260140	January 20, 1975, Emerg; June 15, 1984, Reg; May 7, 3009, Susp.	......do	Do.
Midland, Township of, Midland County	260857	April 12, 2007, Emerg; NA, Reg; May 7, 3009, Susp.	......do	Do.
Nashville, Village of, Barry County	260902	July 29, 1992, Emerg; December 6, 1999, Reg; May 7, 3009, Susp.	......do	Do.
Rutland, Township of, Barry County	260656	February 13, 1976, Emerg; August 19, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Thornapple, Township of, Barry County	260630	August 26, 1975, Emerg; February 1, 1986, Reg; May 7, 3009, Susp.	......do	Do.
Ohio:
Bowerston, Village of, Harrison County	390257	August 8, 1975, Emerg; March 4, 1987, Reg; May 7, 3009, Susp.	......do	Do.
Harrison County, Unincorporated Areas	390255	July 6, 1976, Emerg; NA, Reg; May 7, 3009, Susp.	......do	Do.
Jewett, Village of, Harrison County	390259	June 17, 1975, Emerg; July 4, 1988, Reg; May 7, 3009, Susp.	......do	Do.
Scio, Village of, Harrison County	390261	May 30, 1975, Emerg; March 4, 1987, Reg; May 7, 3009, Susp.	......do	Do.
Region VII
Missouri:
Morgan County, Unincorporated Areas	290244	February 28, 1997, Emerg; December 1, 2001, Reg; May 7, 3009, Susp.	......do	Do.
Versailles, City of, Morgan County	290247	November 11, 1975, Emerg; September 18, 1985, Reg; May 7, 3009, Susp.	......do	Do.
Nebraska:
Dodge County, Unincorporated Areas	310068	April 18, 1975, Emerg; August 17, 1981, Reg; May 7, 3009, Susp.	......do	Do.
Hooper, City of, Dodge County	310379	March 15, 1976, Emerg; August 4, 1987, Reg; May 7, 3009, Susp.	......do	Do.
Scribner, City of, Dodge County	310071	May 30, 1975, Emerg; November 1, 1979, Reg; May 7, 3009, Susp.	......do	Do.
Winslow, Village of, Dodge County	310410	March 7, 1975, Emerg; December 4, 1979, Reg; May 7, 3009, Susp.	......do	Do.
Region IX
California:
Mill Valley, City of, Marin County	060177	January 21, 1972, Emerg; January 3, 1979, Reg; May 7, 3009, Susp.	......do	Do.
Tehama County, Unincorporated Areas	065064	April 23, 1971, Emerg; June 1, 1982, Reg; May 7, 3009, Susp.	......do	Do.
* do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: April 23, 2009.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.