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Rule

Suspension of Community Eligibility

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Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

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.

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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.

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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.

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List of Subjects in 44 CFR Part 64

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Accordingly,

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PART 64—[AMENDED]

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1. The authority citation for part 64 continues to read as follows:

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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.

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[Amended]
Start Amendment Part

2. The tables published under the authority of § 64.6 are amended as follows:

End Amendment Part
State and locationCommunity No.Effective date authorization/ cancellation of sale of flood insurance in CommunityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region II
New Jersey:
Clayton, Borough of, Gloucester County340198May 15, 1973, Emerg; March 11, 1983, Reg; January 20, 2010, SuspJan. 20, 2010Jan. 20, 2010.
Deptford, Township of, Gloucester County340199June 16, 1975, Emerg; November 17, 1982, Reg; January 20, 2010, Susp......do*  Do.
East Greenwich, Township of, Gloucester County340200March 27, 1975, Emerg; December 1, 1982, Reg; January 20, 2010, Susp......do  Do.
Elk, Township of, Gloucester County340201December 11, 1975, Emerg; October 21, 1983, Reg; January 20, 2010, Susp......do  Do.
Glassboro, Borough of, Gloucester County340203June 5, 1975, Emerg; August 16, 1982, Reg; January 20, 2010, Susp......do  Do.
Greenwich, Township of, Gloucester County340204April 18, 1973, Emerg; September 16, 1982, Reg; January 20, 2010, Susp......do  Do.
Harrison, Township of, Gloucester County340205April 7, 1975, Emerg; April 1, 1983, Reg; January 20, 2010, Susp......do  Do.
Logan, Township of, Gloucester County340206June 29, 1976, Emerg; January 6, 1983, Reg; January 20, 2010, Susp......do  Do.
Mantua, Township of, Gloucester County340207May 8, 1975, Emerg; November 3, 1982, Reg; January 20, 2010, Susp......do  Do.
Monroe, Township of, Gloucester County340208August 12, 1974, Emerg; January 20, 1982, Reg; January 20, 2010, Susp......do  Do.
Paulsboro, Borough of, Gloucester County340210May 13, 1975, Emerg; September 2, 1982, Reg; January 20, 2010, Susp......do  Do.
Swedesboro, Borough of, Gloucester County340519July 23, 1975, Emerg; July 5, 1982, Reg; January 20, 2010, Susp......do  Do.
Washington, Township of, Gloucester County340213February 1, 1974, Emerg; November 17, 1982, Reg; January 20, 2010, Susp......do  Do.
West Deptford, Township of, Gloucester County340214December 22, 1972, Emerg; June 1, 1982, Reg; January 20, 2010, Susp......do  Do.
Westville, Borough of, Gloucester County340215July 2, 1975, Emerg; May 1, 1980, Reg; January 20, 2010, Susp......do  Do.
Woolwich, Township of, Gloucester County340217May 13, 1975, Emerg; September 2, 1982, Reg; January 20, 2010, Susp......do  Do.
Region III
West Virginia:
Blacksville, City of, Monongalia County540140October 28, 1975, Emerg; December 26, 1978, Reg; January 20, 2010, Susp......do  Do.
Granville, Town of, Monongalia County540272April 7, 1975, Emerg; December 15, 1983, Reg; January 20, 2010, Susp......do  Do.
Monongalia County, Unincorporated Areas540139October 31, 1975, Emerg; May 1, 1984, Reg; January 20, 2010, Susp......do  Do.
Morgantown, City of, Monongalia County540141January 23, 1975, Emerg; August 1, 1979, Reg; January 20, 2010, Susp......do  Do.
Star City, Town of, Monongalia County540273April 18, 1975, Emerg; August 1, 1978, Reg; January 20, 2010, Susp......do  Do.
Westover, City of, Monongalia County540274January 27, 1975, Emerg; August 1, 1978, Reg; January 20, 2010, Susp......do  Do.
Region IV
Tennessee:
Hohenwald, City of, Lewis County470304April 16, 1986, Emerg; July 2, 1987, Reg; January 20, 2010, Susp......do  Do.
Lewis County, Unincorporated Areas470103November 25, 1998, Emerg; June 1, 2005, Reg; January 20, 2010, Susp......do  Do.
Region V
Illinois:
Bourbonnais, Village of, Kankakee County170337July 24, 1975, Emerg; September 29, 1978, Reg; January 20, 2010, Susp......do  Do.
Bradley, Village of, Kankakee County170338October 29, 1974, Emerg; March 1, 1978, Reg; January 20, 2010, Susp......do  Do.
Kankakee, City of, Kankakee County170339May 29, 1973, Emerg; April 17, 1978, Reg; January 20, 2010, Susp......do  Do.
Kankakee County, Unincorporated Areas170336April 28, 1972, Emerg; July 2, 1979, Reg; January 20, 2010, Susp......do  Do.
Manteno, Village of, Kankakee County170878May 16, 1975, Emerg; November 2, 1977, Reg; January 20, 2010, Susp......do  Do.
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Momence, City of, Kankakee County170340August 8, 1975, Emerg; November 2, 1977, Reg; January 20, 2010, Susp......do  Do.
Wisconsin: Clintonville, City of, Waupaca County550494April 2, 1974, Emerg; September 19, 1984, Reg; January 20, 2010, Susp......do  Do.
Embarrass, Village of, Waupaca County550495May 2, 1975, Emerg; June 17, 1986, Reg; January 20, 2010, Susp......do  Do.
Fremont, Village of, Waupaca County550496March 29, 1974, Emerg; June 15, 1977, Reg; January 20, 2010, Susp......do  Do.
Iola, Village of, Waupaca County550497September 29, 1975, Emerg; September 4, 1985, Reg; January 20, 2010, Susp......do  Do.
Kendall, Village of, Monroe County550287June 3, 1974, Emerg; September 18, 1986, Reg; January 20, 2010, Susp......do  Do.
Manawa, City of, Waupaca County550498March 17, 1975, Emerg; May 4, 1988, Reg; January 20, 2010, Susp......do  Do.
Marion, City of, Waupaca County550499September 24, 1974, Emerg; May 4, 1988, Reg; January 20, 2010, Susp......do  Do.
Melvina, Village of, Monroe County550288March 2, 1981, Emerg; March 2, 1981, Reg; January 20, 2010, Susp......do  Do.
Monroe County, Unincorporated Areas550571February 18, 1976, Emerg; May 3, 1982, Reg; January 20, 2010, Susp......do  Do.
New London, City of, Waupaca County550308March 10, 1972, Emerg; March 15, 1977, Reg; January 20, 2010, Susp......do  Do.
Norwalk, Village of, Monroe County550289September 25, 1975, Emerg; N/A, Reg; January 20, 2010, Susp......do  Do.
Sparta, City of, Monroe County550290April 15, 1975, Emerg; August 3, 1981, Reg; January 20, 2010, Susp......do  Do.
Tomah, City of, Monroe County550291May 27, 1975, Emerg; August 17, 1981, Reg; January 20, 2010, Susp......do  Do.
Waupaca, City of, Waupaca County550502May 13, 1975, Emerg; August 3, 1989, Reg; January 20, 2010, Susp......do  Do.
Waupaca County, Unincorporated Areas550492December 17, 1971, Emerg; August 15, 1977, Reg; January 20, 2010, Susp......do  Do.
Weyauwega, City of, Waupaca County550503May 15, 1975, Emerg; July 1, 1987, Reg; January 20, 2010, Susp......do  Do.
Wilton, Village of, Monroe County550292July 28, 1975, Emerg; October 15, 1985, Reg; January 20, 2010, Susp......do  Do.
Wyeville, Village of, Monroe County550293July 18, 1975, Emerg; March 1, 1984, Reg; January 20, 2010, Susp......do  Do.
Region VI
Arkansas:
Garland County, Unincorporated Areas050433May 25, 1990, Emerg; February 15, 1991, Reg; January 20, 2010, Susp......do  Do.
Hot Springs, City of, Garland County050084November 12, 1971, Emerg; December 18, 1979, Reg; January 20, 2010, Susp......do  Do.
Lonsdale, Town of, Garland County050586N/A, Emerg; April 14, 2006, Reg; January 20, 2010, Susp......do  Do.
Region IX
California:
Port Hueneme, City of, Ventura County065051May 14, 1971, Emerg; September 24, 1984, Reg; January 20, 2010, Susp......do  Do.
Thousand Oaks, City of, Ventura County060422November 13, 1970, Emerg; September 29, 1978, Reg; January 20, 2010, Susp......do  Do.
*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: December 23, 2009.

Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate.

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[FR Doc. E9-31153 Filed 12-31-09; 8:45 am]

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