
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 60-63]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31153]


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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-8111]


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 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:

[[Page 61]]



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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 II
 
New Jersey:
    Clayton, Borough of,               340198  May 15, 1973,      Jan. 20, 2010.........  Jan. 20, 2010.
     Gloucester County.                         Emerg; March 11,
                                                1983, Reg;
                                                January 20,
                                                2010, Susp.
    Deptford, Township of,             340199  June 16, 1975,     ......do\*\...........   Do.
     Gloucester County.                         Emerg; November
                                                17, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    East Greenwich, Township           340200  March 27, 1975,    ......do..............   Do.
     of, Gloucester County.                     Emerg; December
                                                1, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    Elk, Township of,                  340201  December 11,       ......do..............   Do.
     Gloucester County.                         1975, Emerg;
                                                October 21,
                                                1983, Reg;
                                                January 20,
                                                2010, Susp.
    Glassboro, Borough of,             340203  June 5, 1975,      ......do..............   Do.
     Gloucester County.                         Emerg; August
                                                16, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    Greenwich, Township of,            340204  April 18, 1973,    ......do..............   Do.
     Gloucester County.                         Emerg; September
                                                16, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    Harrison, Township of,             340205  April 7, 1975,     ......do..............   Do.
     Gloucester County.                         Emerg; April 1,
                                                1983, Reg;
                                                January 20,
                                                2010, Susp.
    Logan, Township of,                340206  June 29, 1976,     ......do..............   Do.
     Gloucester County.                         Emerg; January
                                                6, 1983, Reg;
                                                January 20,
                                                2010, Susp.
    Mantua, Township of,               340207  May 8, 1975,       ......do..............   Do.
     Gloucester County.                         Emerg; November
                                                3, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    Monroe, Township of,               340208  August 12, 1974,   ......do..............   Do.
     Gloucester County.                         Emerg; January
                                                20, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    Paulsboro, Borough of,             340210  May 13, 1975,      ......do..............   Do.
     Gloucester County.                         Emerg; September
                                                2, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    Swedesboro, Borough of,            340519  July 23, 1975,     ......do..............   Do.
     Gloucester County.                         Emerg; July 5,
                                                1982, Reg;
                                                January 20,
                                                2010, Susp.
    Washington, Township of,           340213  February 1, 1974,  ......do..............   Do.
     Gloucester County.                         Emerg; November
                                                17, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    West Deptford, Township of,        340214  December 22,       ......do..............   Do.
     Gloucester County.                         1972, Emerg;
                                                June 1, 1982,
                                                Reg; January 20,
                                                2010, Susp.
    Westville, Borough of,             340215  July 2, 1975,      ......do..............   Do.
     Gloucester County.                         Emerg; May 1,
                                                1980, Reg;
                                                January 20,
                                                2010, Susp.
    Woolwich, Township of,             340217  May 13, 1975,      ......do..............   Do.
     Gloucester County.                         Emerg; September
                                                2, 1982, Reg;
                                                January 20,
                                                2010, Susp.
 
           Region III
 
West Virginia:
    Blacksville, City of,              540140  October 28, 1975,  ......do..............   Do.
     Monongalia County.                         Emerg; December
                                                26, 1978, Reg;
                                                January 20,
                                                2010, Susp.
    Granville, Town of,                540272  April 7, 1975,     ......do..............   Do.
     Monongalia County.                         Emerg; December
                                                15, 1983, Reg;
                                                January 20,
                                                2010, Susp.
    Monongalia County,                 540139  October 31, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                1984, Reg;
                                                January 20,
                                                2010, Susp.
    Morgantown, City of,               540141  January 23, 1975,  ......do..............   Do.
     Monongalia County.                         Emerg; August 1,
                                                1979, Reg;
                                                January 20,
                                                2010, Susp.
    Star City, Town of,                540273  April 18, 1975,    ......do..............   Do.
     Monongalia County.                         Emerg; August 1,
                                                1978, Reg;
                                                January 20,
                                                2010, Susp.
    Westover, City of,                 540274  January 27, 1975,  ......do..............   Do.
     Monongalia County.                         Emerg; August 1,
                                                1978, Reg;
                                                January 20,
                                                2010, Susp.
 
           Region IV
 
Tennessee:
    Hohenwald, City of, Lewis          470304  April 16, 1986,    ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1987, Reg;
                                                January 20,
                                                2010, Susp.
    Lewis County,                      470103  November 25,       ......do..............   Do.
     Unincorporated Areas.                      1998, Emerg;
                                                June 1, 2005,
                                                Reg; January 20,
                                                2010, Susp.
 
            Region V
 
Illinois:
    Bourbonnais, Village of,           170337  July 24, 1975,     ......do..............   Do.
     Kankakee County.                           Emerg; September
                                                29, 1978, Reg;
                                                January 20,
                                                2010, Susp.
    Bradley, Village of,               170338  October 29, 1974,  ......do..............   Do.
     Kankakee County.                           Emerg; March 1,
                                                1978, Reg;
                                                January 20,
                                                2010, Susp.
    Kankakee, City of, Kankakee        170339  May 29, 1973,      ......do..............   Do.
     County.                                    Emerg; April 17,
                                                1978, Reg;
                                                January 20,
                                                2010, Susp.
    Kankakee County,                   170336  April 28, 1972,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 2,
                                                1979, Reg;
                                                January 20,
                                                2010, Susp.
    Manteno, Village of,               170878  May 16, 1975,      ......do..............   Do.
     Kankakee County.                           Emerg; November
                                                2, 1977, Reg;
                                                January 20,
                                                2010, Susp.

[[Page 62]]

 
    Momence, City of, Kankakee         170340  August 8, 1975,    ......do..............   Do.
     County.                                    Emerg; November
                                                2, 1977, Reg;
                                                January 20,
                                                2010, Susp.
    Wisconsin: Clintonville,           550494  April 2, 1974,     ......do..............   Do.
     City of, Waupaca County.                   Emerg; September
                                                19, 1984, Reg;
                                                January 20,
                                                2010, Susp.
    Embarrass, Village of,             550495  May 2, 1975,       ......do..............   Do.
     Waupaca County.                            Emerg; June 17,
                                                1986, Reg;
                                                January 20,
                                                2010, Susp.
    Fremont, Village of,               550496  March 29, 1974,    ......do..............   Do.
     Waupaca County.                            Emerg; June 15,
                                                1977, Reg;
                                                January 20,
                                                2010, Susp.
    Iola, Village of, Waupaca          550497  September 29,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 4,
                                                1985, Reg;
                                                January 20,
                                                2010, Susp.
    Kendall, Village of, Monroe        550287  June 3, 1974,      ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1986, Reg;
                                                January 20,
                                                2010, Susp.
    Manawa, City of, Waupaca           550498  March 17, 1975,    ......do..............   Do.
     County.                                    Emerg; May 4,
                                                1988, Reg;
                                                January 20,
                                                2010, Susp.
    Marion, City of, Waupaca           550499  September 24,      ......do..............   Do.
     County.                                    1974, Emerg; May
                                                4, 1988, Reg;
                                                January 20,
                                                2010, Susp.
    Melvina, Village of, Monroe        550288  March 2, 1981,     ......do..............   Do.
     County.                                    Emerg; March 2,
                                                1981, Reg;
                                                January 20,
                                                2010, Susp.
    Monroe County,                     550571  February 18,       ......do..............   Do.
     Unincorporated Areas.                      1976, Emerg; May
                                                3, 1982, Reg;
                                                January 20,
                                                2010, Susp.
    New London, City of,               550308  March 10, 1972,    ......do..............   Do.
     Waupaca County.                            Emerg; March 15,
                                                1977, Reg;
                                                January 20,
                                                2010, Susp.
    Norwalk, Village of, Monroe        550289  September 25,      ......do..............   Do.
     County.                                    1975, Emerg; N/
                                                A, Reg; January
                                                20, 2010, Susp.
    Sparta, City of, Monroe            550290  April 15, 1975,    ......do..............   Do.
     County.                                    Emerg; August 3,
                                                1981, Reg;
                                                January 20,
                                                2010, Susp.
    Tomah, City of, Monroe             550291  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                January 20,
                                                2010, Susp.
    Waupaca, City of, Waupaca          550502  May 13, 1975,      ......do..............   Do.
     County.                                    Emerg; August 3,
                                                1989, Reg;
                                                January 20,
                                                2010, Susp.
    Waupaca County,                    550492  December 17,       ......do..............   Do.
     Unincorporated Areas.                      1971, Emerg;
                                                August 15, 1977,
                                                Reg; January 20,
                                                2010, Susp.
    Weyauwega, City of, Waupaca        550503  May 15, 1975,      ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                January 20,
                                                2010, Susp.
    Wilton, Village of, Monroe         550292  July 28, 1975,     ......do..............   Do.
     County.                                    Emerg; October
                                                15, 1985, Reg;
                                                January 20,
                                                2010, Susp.
    Wyeville, Village of,              550293  July 18, 1975,     ......do..............   Do.
     Monroe County.                             Emerg; March 1,
                                                1984, Reg;
                                                January 20,
                                                2010, Susp.
 
           Region VI
 
Arkansas:
    Garland County,                    050433  May 25, 1990,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                15, 1991, Reg;
                                                January 20,
                                                2010, Susp.
    Hot Springs, City of,              050084  November 12,       ......do..............   Do.
     Garland County.                            1971, Emerg;
                                                December 18,
                                                1979, Reg;
                                                January 20,
                                                2010, Susp.
    Lonsdale, Town of, Garland         050586  N/A, Emerg; April  ......do..............   Do.
     County.                                    14, 2006, Reg;
                                                January 20,
                                                2010, Susp.
 
           Region IX
 
California:
    Port Hueneme, City of,             065051  May 14, 1971,      ......do..............   Do.
     Ventura County.                            Emerg; September
                                                24, 1984, Reg;
                                                January 20,
                                                2010, Susp.
    Thousand Oaks, City of,            060422  November 13,       ......do..............   Do.
     Ventura County.                            1970, Emerg;
                                                September 29,
                                                1978, Reg;
                                                January 20,
                                                2010, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 63]]

    Dated: December 23, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate.
[FR Doc. E9-31153 Filed 12-31-09; 8:45 am]
BILLING CODE 9110-12-P


