
[Federal Register: August 3, 2009 (Volume 74, Number 147)]
[Rules and Regulations]               
[Page 38358-38362]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au09-12]                         

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8085]

 
Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

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 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, (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 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 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.

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:[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.
    Leo-Cedarville, 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. E9-18406 Filed 7-31-09; 8:45 am]

BILLING CODE 9110-12-P
