[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]
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