
[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Rules and Regulations]               
[Page 50726-50729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-15]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8037]

 
Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Final rule.

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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 proving 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 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 obtain 
additional information, contact David Stearrett, Federal Emergency 
Management Agency, Mitigation Directorate, 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 the 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.
    Previously, FEMA 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 the FEMA 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 the notice and public comment under 5 
U.S.C. 553(b) are impracticable and unnecessary because the 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 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 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 50727]]



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                                                 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
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            Region I

Connecticut:
    Chester, Town of, Middlesex        090060  January 12, 1973,  08/28/2008............  08/28/2008.
     County.                                    Emerg; July 16,
                                                1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Clinton, Town of, Middlesex        090061  March 2, 1973,     * ......do............  Do.
     County.                                    Emerg; September
                                                30, 1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Deep River, Town of,               090062  March 30, 1973,    ......do..............  Do.
     Middlesex County.                          Emerg; January
                                                16, 1981, Reg;
                                                August 28, 2008,
                                                Susp.
    East Haddam, Town of,              090063  February 10,       ......do..............  Do.
     Middlesex County.                          1975, Emerg;
                                                November 1,
                                                1979, Reg;
                                                August 28, 2008,
                                                Susp.
    East Hampton, Town of,             090064  August 21, 1974,   ......do..............  Do.
     Middlesex County.                          Emerg; October
                                                16, 1979, Reg;
                                                August 28, 2008,
                                                Susp.
    Essex, Town of, Middlesex          090065  February 9, 1973,  ......do..............  Do.
     County.                                    Emerg; July 16,
                                                1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Haddam, Town of, Middlesex         090066  May 23, 1975,      ......do..............  Do.
     County.                                    Emerg; January
                                                16, 1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Killingworth, Town of,             090174  July 15, 1975,     ......do..............  Do.
     Middlesex County.                          Emerg; March 15,
                                                1982, Reg;
                                                August 28, 2008,
                                                Susp.
    Middletown, City of,               090068  August 16, 1974,   ......do..............  Do.
     Middlesex County.                          Emerg; December
                                                16, 1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Middlefield, Town of,              090067  October 25, 1973,  ......do..............  Do.
     Middlesex County.                          Emerg; March 28,
                                                1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Portland, Town of,                 090130  October 31, 1973,  ......do..............  Do.
     Middlesex County.                          Emerg; July 3,
                                                1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Westbrook, Town of,                090070  March 9, 1973,     ......do..............  Do.
     Middlesex County.                          Emerg; December
                                                1, 1982, Reg;
                                                August 28, 2008,
                                                Susp.

           Region II

New York:
    Brockport, Village of,             360411  August 4, 1975,    ......do..............  Do.
     Monroe County.                             Emerg; April 23,
                                                1982, Reg;
                                                August 28, 2008,
                                                Susp.
    Chili, Town of, Monroe             360412  March 16, 1973,    ......do..............  Do.
     County.                                    Emerg; February
                                                1, 1979, Reg;
                                                August 28, 2008,
                                                Susp.
    East Rochester, Village of,        360414  June 18, 1980,     ......do..............  Do.
     Monroe County.                             Emerg; August
                                                20, 1982, Reg;
                                                August 28, 2008,
                                                Susp.
    Fairport, Village of,              360415  January 30, 1975,  ......do..............  Do.
     Monroe County.                             Emerg; September
                                                5, 1984, Reg;
                                                August 28, 2008,
                                                Susp.
    Gates, Town of, Monroe             360416  July 30, 1974,     ......do..............  Do.
     County.                                    Emerg; August 2,
                                                1982, Reg;
                                                August 28, 2008,
                                                Susp.
    Greece, Town of, Monroe            360417  March 9, 1973,     ......do..............  Do.
     County.                                    Emerg; March 18,
                                                1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Henrietta, Town of, Monroe         360419  March 23, 1973,    ......do..............  Do.
     County.                                    Emerg; November
                                                5, 1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Honeoye Falls, Village of,         360421  April 18, 1973,    ......do..............  Do.
     Monroe County.                             Emerg; September
                                                30, 1977, Reg;
                                                August 28, 2008,
                                                Susp.
    Irondequoit, Town of,              360422  March 16, 1973,    ......do..............  Do.
     Monroe County.                             Emerg; November
                                                15, 1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Mendon, Town of, Monroe            360423  April 14, 1975,    ......do..............  Do.
     County.                                    Emerg; April 15,
                                                1982, Reg;
                                                August 28, 2008,
                                                Susp.
    Perinton, Town of Monroe           360428  August 13, 1973,   ......do..............  Do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Pittsford, Town of, Monroe         360429  May 4, 1973,       ......do..............  Do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Riga, Town of, Monroe              360430  June 5, 1975,      ......do..............  Do.
     County.                                    Emerg; June 15,
                                                1981, Reg;
                                                August 28, 2008,
                                                Susp.
    Rochester, City of, Monroe         360431  April 9, 1973,     ......do..............  Do.
     County.                                    Emerg; November
                                                1, 1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Spencerport, Village of,           360433  August 31, 1973,   ......do..............  Do.
     Monroe County.                             Emerg; August
                                                15, 1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Webster, Town of, Monroe           360436  March 9, 1973,     ......do..............  Do.
     County.                                    Emerg; October
                                                16, 1979, Reg;
                                                August 28, 2008,
                                                Susp.
    Wheatland, Town of, Monroe         360438  March 30, 1973,    ......do..............  Do.
     County.                                    Emerg; September
                                                15, 1978, Reg;
                                                August 28, 2008,
                                                Susp.

           Region III

Virginia:
    Altavista, Town of,                510029  February 19,       ......do..............  Do.
     Campbell County.                           1974, Emerg;
                                                August 1, 1978,
                                                Reg; August 28,
                                                2008, Susp.
    Brookneal, Town of,                510030  January 15, 1974,  ......do..............  Do.
     Campbell County.                           Emerg; March 1,
                                                1978, Reg;
                                                August 28, 2008,
                                                Susp.

[[Page 50728]]


    Campbell County,                   510028  December 27,       ......do..............  Do.
     Unincorporated Areas.                      1973, Emerg;
                                                October 17,
                                                1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Cape Charles, Town of,             510106  June 3, 1974,      ......do..............  Do.
     Northampton County.                        Emerg; February
                                                2, 1983, Reg;
                                                August 28, 2008,
                                                Susp.
    Fries, Town of, Grayson            510215  August 11, 1975,   ......do..............  Do.
     County.                                    Emerg; February
                                                11, 1983, Reg;
                                                August 28, 2008,
                                                Susp.
    Grayson County,                    510243  December 4, 1974,  ......do..............  Do.
     Unincorporated Areas.                      Emerg; July 17,
                                                1989, Reg;
                                                August 28, 2008,
                                                Susp.
    Independence, Town of,             510238  April 12, 1974,    ......do..............  Do.
     Grayson County.                            Emerg; February
                                                1, 1985, Reg;
                                                August 28, 2008,
                                                Susp.

           Region IV

Florida:
    Bonita Springs, City of,           120680  August 16, 2002,   ......do..............  Do.
     Lee County.                                Emerg; August
                                                16, 2002, Reg;
                                                August 28, 2008,
                                                Susp.
    Cape Coral, City of, Lee           125095  July 2, 1971,      ......do..............  Do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                August 28, 2008,
                                                Susp.
    Fort Myers, City of, Lee           125106  October 30, 1970,  ......do..............  Do.
     County.                                    Emerg; April 16,
                                                1979, Reg;
                                                August 28, 2008,
                                                Susp.
    Fort Myers Beach, Town of,         120673  October 30, 1970,  ......do..............  Do.
     Lee County.                                Emerg; September
                                                19, 1984, Reg;
                                                August 28, 2008,
                                                Susp.
    Ocala, City of, Marion             120330  September 19,      ......do..............  Do.
     County.                                    1974, Emerg;
                                                September 22,
                                                1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Plant City, City of,               120113  June 13, 1975,     ......do..............  Do.
     Hillsborough County.                       Emerg; April 29,
                                                1983, Reg;
                                                August 28, 2008,
                                                Susp.
    Sanibel, City of, Lee              120402  May 5, 1975,       ......do..............  Do.
     County.                                    Emerg; April 16,
                                                1979, Reg;
                                                August 28, 2008,
                                                Susp.
    Temple Terrace, City of,           120115  July 16, 1971,     ......do..............  Do.
     Hillsborough County.                       Emerg; July 8,
                                                1977, Reg;
                                                August 28, 2008,
                                                Susp.

            Region V

Ohio:
    Bay View, Village of, Erie         390595  June 1, 1973,      ......do..............  Do.
     County.                                    Emerg; September
                                                15, 1977, Reg;
                                                August 28, 2008,
                                                Susp.
    Huron, City of, Erie County        390154  March 30, 1973,    ......do..............  Do.
                                                Emerg; April 3,
                                                1978, Reg;
                                                August 28, 2008,
                                                Susp.
    Sandusky, City of, Erie            390156  January 28, 1972,  ......do..............  Do.
     County.                                    Emerg; July 5,
                                                1977, Reg;
                                                August 28, 2008,
                                                Susp.

           Region IX

California:
    Calimesa, City of,                 060740  May 1, 1991,       ......do..............  Do.
     Riverside County.                          Emerg; May 1,
                                                1991, Reg;
                                                August 28, 2008,
                                                Susp.
    Chino, City of, San                060272  November 21,       ......do..............  Do.
     Bernardino County.                         1975, Emerg;
                                                June 30, 1976,
                                                Reg; August 28,
                                                2008, Susp.
    Coachella, City of,                060249  September 11,      ......do..............  Do.
     Riverside County.                          1979, Emerg;
                                                September 30,
                                                1980, Reg;
                                                August 28, 2008,
                                                Susp.
    Loma Linda, City of, San           065042  March 19, 1971,    ......do..............  Do.
     Bernardino County.                         Emerg; July 16,
                                                1987, Reg;
                                                August 28, 2008,
                                                Susp.
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* do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 50729]]

    Dated: August 20, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. E8-19993 Filed 8-27-08; 8:45 am]

BILLING CODE 9110-12-P
