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[Federal Register: July 15, 2008 (Volume 73, Number 136)]
[Rules and Regulations]
[Page 40468-40470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy08-7]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-8031]
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.
[[Page 40469]]
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
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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 III
Pennsylvania:
Coal, Township of, 421936 Aug. 12, 1974, July 17, 2008......... July 16, 2008
Northumberland County. Emerg; July 3,
1990, Reg; July
16, 2008, Susp.
Delaware, Township of, 421010 Nov. 19, 1973, ......do*............. Do.
Northumberland County. Emerg; Nov. 19,
1980, Reg; July
16, 2008, Susp.
East Cameron, Township of, 421937 Sept. 3, 1975, ......do.............. Do.
Northumberland County. Emerg; Sept. 1,
1986, Reg; July
16, 2008, Susp.
East Chillisquaque, 422599 Oct. 15, 1975, ......do.............. Do.
Township of, Emerg; May 4,
Northumberland County. 1987, Reg; July
16, 2008, Susp.
Herndon, Township of, 420735 Dec. 6, 1973, ......do.............. Do.
Northumberland County. Emerg; Aug. 1,
1979, Reg; July
16, 2008, Susp.
Jackson, Township of, 421938 Sept. 24, 1974, ......do.............. Do.
Northumberland County. Emerg; Aug. 15,
1979, Reg; July
16, 2008, Susp.
Jordan, Township of, 421939 Nov., Emerg; Aug. ......do.............. Do.
Northumberland County. 15, 1980, Reg;
July 16, 2008,
Susp.
Kulpmont, Borough of, 420736 Feb. 1, 1974, ......do.............. Do.
Northumberland County. Emerg; May 1,
1978, Reg; July
16, 2008, Susp.
Lewis, Township of, 421940 Mar. 8, 1976, ......do.............. Do.
Northumberland County. Emerg; Apr. 1,
1986, Reg; July
16, 2008, Susp.
Little Mahanoy, Township 421015 Jan. 30, 1974, ......do.............. Do.
of, Northumberland County. Emerg; Sept. 5,
1979, Reg; July
16, 2008, Susp.
Lower Augusta, Township 421017 Jan. 28, 1974, ......do.............. Do.
of, Northumberland County. Emerg; Aug. 1,
1979, Reg; July
16, 2008, Susp.
Lower Mahanoy, Township 421941 July 25, 1975, ......do.............. Do.
of, Northumberland County. Emerg; Aug. 2,
1982, Reg; July
16, 2008, Susp.
McEwensville, City of, 421935 Feb. 14, 1983, ......do.............. Do.
Northumberland County. Emerg; Sept. 1,
1986, Reg; July
16, 2008, Susp.
Milton, Borough of, 425384 Apr. 9, 1971, ......do.............. Do.
Northumberland County. Emerg; Mar. 10,
1972, Reg; July
16, 2008, Susp.
Mount Caramel, Borough of, 420738 Dec. 17, 1973, ......do.............. Do.
Northumberland County. Emerg; July 17,
1978, Reg; July
16, 2008, Susp.
Mount Caramel, Township 421942 Oct. 24, 1974, ......do.............. Do.
of, Northumberland County. Emerg; May 3,
1990, Reg; July
16, 2008, Susp.
Northumberland, Borough 420739 June 6, 1974, ......do.............. Do.
of, Northumberland County. Emerg; Feb. 2,
1977, Reg; July
16, 2008, Susp.
Point, Township of, 421026 Nov. 19, 1973, ......do.............. Do.
Northumberland County. Emerg; May 2,
1977, Reg; July
16, 2008, Susp.
Ralpho, Township of, 421027 Nov. 19, 1973, ......do.............. Do.
Northumberland County. Emerg; Feb. 15,
1979, Reg; July
16, 2008, Susp.
Riverside, Borough of, 420740 Nov. 19, 1973, ......do.............. Do.
Northumberland County. Emerg; Apr. 15,
1977, Reg; July
16, 2008, Susp.
Rockefeller, City of, 421152 Apr. 12, 1974, ......do.............. Do.
Northumberland County. Emerg; Apr. 1,
1986, Reg; July
16, 2008, Susp.
Rush, Township of, 421943 Nov. 11, 1974, ......do.............. Do.
Northumberland County. Emerg; Jan. 28,
1977, Reg; July
16, 2008, Susp.
Shamokin, City of, 420741 Apr. 5, 1974, ......do.............. Do.
Northumberland County. Emerg; Dec. 16,
1980, Reg; July
16, 2008, Susp.
Shamokin, Township of, 421159 Apr. 23, 1974, ......do.............. Do.
Northumberland County. Emerg; Mar. 5,
1990, Reg; July
16, 2008, Susp.
Snydertown, Borough of, 420742 May 27, 1975, ......do.............. Do.
Northumberland County. Emerg; Sept. 1,
1986, Reg; July
16, 2008, Susp.
Sunbury, City of, 420743 Sept. 3, 1971, ......do.............. Do.
Northumberland County. Emerg; July 18,
1977, Reg; July
16, 2008, Susp.
Turbot, Township of, 420744 Mar. 16, 1973, ......do.............. Do.
Northumberland County. Emerg; Aug. 15,
1979, Reg; July
16, 2008, Susp.
Upper Augusta, Township 420745 Jan. 19, 1973, ......do.............. Do.
of, Northumberland County. Emerg; May 2,
1977, Reg; July
16, 2008, Susp.
Upper Mahanoy, Township 421944 Oct. 24, 1975, ......do.............. Do.
of, Northumberland County. Emerg; Sept. 1,
1986, Reg; July
16, 2008, Susp.
Washington, Township of, 421945 Nov. 7, 1975, ......do.............. Do.
Northumberland County. Emerg; Dec. 15,
1978, Reg; July
16, 2008, Susp.
[[Page 40470]]
Watsontown, Township of, 420746 Nov. 19, 1973, ......do.............. Do.
Northumberland County. Emerg; Jan. 2,
1980, Reg; July
16, 2008, Susp.
West Cameron, Township of, 421946 Oct. 15, 1975, ......do.............. Do.
Northumberland County. Emerg; Jan. 17,
1990, Reg; July
16, 2008, Susp.
West Chillisquaque, 421033 Jan. 28, 1974, ......do.............. Do.
Township of, Emerg; Apr. 15,
Northumberland County. 1977, Reg; July
16, 2008, Susp.
Zerbe, Township of, 421947 Aug. 20, 1974, ......do.............. Do.
Northumberland County. Emerg; Jan. 17,
1990, Reg; July
16, 2008, Susp.
Region V
Illinois:
Chenoa, City of, McLean 170492 Mar. 27, 1975, ......do.............. Do.
County. Emerg; June 11,
1976, Reg; July
16, 2008, Susp.
Colfax, City of, McLean 170493 June 17, 1975, ......do.............. Do.
County. Emerg; Jan. 18,
2002, Reg; July
16, 2008, Susp.
Cooksville, Village of, 170494 July 1, 1975, ......do.............. Do.
McLean County. Emerg; June 11,
1976, Reg; July
16, 2008, Susp.
Danvers, Village of, 170495 Aug. 7, 1975, ......do.............. Do.
McLean County. Emerg; Aug. 19,
1986, Reg; July
16, 2008, Susp.
Downs, Village of, McLean 171072 May 31, 2000, ......do.............. Do.
County. Emerg; Feb. 9,
2001, Reg; July
16, 2008, Susp.
Heyworth, Village of, 170497 Mar. 7, 1983, ......do.............. Do.
McLean County. Emerg; Dec. 1,
1983, Reg; July
16, 2008, Susp.
Hudson, Village of, McLean 170498 May 12, 1975, ......do.............. Do.
County. Emerg; June 11,
1976, Reg; July
16, 2008, Susp.
Leroy, City of, McLean 170499 May 6, 1975, ......do.............. Do.
County. Emerg; May 2,
1980, Reg; July
16, 2008, Susp.
Lexington, City of, McLean 170500 Aug. 10, 1998, ......do.............. Do.
County. Emerg; Feb. 9,
2001, Reg; July
16, 2008, Susp.
McLean, Village of, McLean 170501 Mar. 15, 1976, ......do.............. Do.
County. Emerg; Sept. 30,
1976, Reg; July
16, 2008, Susp.
McLean County, 170931 Sept. 19, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; Dec. 18,
1985, Reg; July
16, 2008, Susp.
Normal, Town of, McLean 170502 June 19, 1975, ......do.............. Do.
County. Emerg; Sept. 1,
1983, Reg; July
16, 2008, Susp.
Saybrook, Village of, 171074 ----, Emerg; Feb. ......do.............. Do.
McLean County. 24, 2003, Reg;
July 16, 2008,
Susp.
Towanda, Village of, 170504 May 12, 1975, ......do.............. Do.
McLean County. Emerg; Sept. 4,
1987, Reg; July
16, 2008, Susp.
Region VIII
South Dakota:
Aurora, Town of, Brookings 460051 Jan. 16, 2007, ......do.............. Do.
County. Emerg;--------,
Reg; July 16,
2008, Susp.
Brookings, City of, 460004 Apr. 16, 1974, ......do.............. Do.
Brookings County. Emerg; Oct. 17,
1978, Reg; July
16, 2008, Susp.
Brookings County, 460253 July 19, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; Jan. 1,
1987, Reg; July
16, 2008, Susp.
Bruce, Town of, Brookings 460005 Aug. 20, 1975, ......do.............. Do.
County. Emerg; Feb. 5,
1980, Reg; July
16, 2008, Susp.
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*-do-=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 1, 2008.
Michael K. Buckley,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-16013 Filed 7-14-08; 8:45 am]
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