[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12637-12640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6667]


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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-8065]


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 from the NFIP 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, FEMA is suspending these 
communities from the NFIP on the effective date identified in the third 
column of the chart below. 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. FEMA will publish in the Federal Register a notice 
withdrawing the suspension of those communities that submit the 
required documentation before the applicable suspension date(s).
    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 12638]]



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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
----------------------------------------------------------------------------------------------------------------
           Region I
 
Rhode Island:
    Burrville, Town of,               440013  June 11, 1975,      Mar. 2, 2009..........  Date of publication in
     Providence County.                        Emerg; July 2,                              Federal Register
                                               1979, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Cranston, City of,                445396  September 11,       ......*do.............   Do.
     Providence County.                        1970, Emerg;
                                               August 27, 1971,
                                               Reg; Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Central Falls, City of,           445394  November 6, 1970,   ......do..............   Do.
     Providence County.                        Emerg; May 28,
                                               1971, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Cumberland, Town of,              440016  July 15, 1975,      ......do..............   Do.
     Providence County.                        Emerg; December
                                               16, 1980, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    East Providence, City of,         445398  June 5, 1970,       ......do..............   Do.
     Providence County.                        Emerg; May 18,
                                               1973, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Foster, Town of,                  440033  May 14, 1975,       ......*do.............   Do.
     Providence County.                        Emerg; December
                                               4, 1985, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Glocester, Town of,               440034  December 29, 1975,  ......do..............   Do.
     Providence County.                        Emerg; August 15,
                                               1979, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Johnston, Town of,                440018  August 1, 1975,     ......do..............   Do.
     Providence County.                        Emerg; September
                                               1, 1978, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Lincoln, Town of,                 445400  May 5, 1972,        ......do..............   Do.
     Providence County.                        Emerg; November
                                               30, 1973, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    North Providence, Town of,        440020  October 6, 1972,    ......do..............   Do.
     Providence County.                        Emerg; December
                                               15, 1977, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    North Smithfield, Town of,        440021  May 6, 1975,        ......do..............   Do.
     Providence County.                        Emerg; August 1,
                                               1978, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Pawtucket, City of,               440022  January 15, 1971,   ......do..............   Do.
     Providence County.                        Emerg; July 16,
                                               1971, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Providence, City of,              445406  September 11,       ......do..............   Do.
     Providence County.                        1970, Emerg;
                                               December 11,
                                               1970, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Scituate, Town of,                440024  January 13, 1975,   ......do..............   Do.
     Providence County.                        Emerg; January 2,
                                               1981, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Smithfield, Town of,              440025  December 17, 1971,  ......do..............   Do.
     Providence County.                        Emerg; March 1,
                                               1977, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
          Region III
 
Virginia:
    Caroline County,                  510249  June 3, 1974,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 15,
                                               1989, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
           Region IV
 
North Carolina:
    Belmont, City of, Gaston          370320  March 26, 1976,     ......do..............   Do.
     County.                                   Emerg; November
                                               1, 1979, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Charlotte, City of,               370159  April 12, 1973,     ......do..............   Do.
     Mecklenburg County.                       Emerg; August 15,
                                               1978, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Cornelius, Town of,               370498  --, Emerg;          ......do..............   Do.
     Mecklenburg County.                       September 30,
                                               1997, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Davidson, Town of,                370503  --, Emerg; October  ......do..............   Do.
     Mecklenburg County.                       16, 1997, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Gaston County,                    370099  April 16, 1976,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1980, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.

[[Page 12639]]

 
    Huntersville, Town of,            370478  January 11, 1995,   ......do..............   Do.
     Mecklenburg County.                       Emerg; February
                                               4, 2004, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Mathews, Town of,                 370310  January 11, 1995,   ......do..............   Do.
     Mecklenburg County.                       Emerg; February
                                               4, 2004, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Mecklenburg County,               370158  May 17, 1973,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               1981, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Mint Hill, Town of,               370539  --, Emerg;          ......do..............   Do.
     Mecklenburg County.                       December 21,
                                               2007, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    North Wilkesboro, Town of,        370257  December 28, 1973,  ......do..............   Do.
     Wilkes County.                            Emerg; February
                                               15, 1978, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Pineville, Town of,               370160  May 6, 1975,        ......do..............   Do.
     Mecklenburg County.                       Emerg; March 18,
                                               1987, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Stallings, Town of, Union         370472  --, Emerg; April    ......do..............   Do.
     County.                                   5, 1994, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Union County,                     370234  August 9, 1983,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 18,
                                               1983, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Wilkes County,                    370256  May 28, 1976,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; March 31,
                                               2003, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Wilkesboro, Town of,              370259  April 15, 1974,     ......do..............   Do.
     Wilkes County.                            Emerg; June 1,
                                               1987, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
           Region V
 
Wisconsin:
    Door County,                      550109  April 30, 1973,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 3,
                                               1978, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Ephraim, Village of, Door         550611  December 26, 1986,  ......do..............   Do.
     County.                                   Emerg; January
                                               15, 1998, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Sturgeon Bay, City of,            550111  May 13, 1975,       ......do..............   Do.
     Door County.                              Emerg; August 5,
                                               1991, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
           Region VI
 
Arkansas:
    Arkansas County,                  050418  April 5, 1989,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               1, 1989, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Dewitt, City of, Arkansas         050001  June 18, 1975,      ......do..............   Do.
     County.                                   Emerg; July 1,
                                               1987, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Gillett, City of, Arkansas        050325  May 23, 1975,       ......do..............   Do.
     County.                                   Emerg; January
                                               17, 1986, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Humphrey, City of,                050108  July 31, 1975,      ......do..............   Do.
     Arkansas County.                          Emerg; November
                                               1, 1985, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    St. Charles, Town of,             050285  August 26, 1975,    ......do..............   Do.
     Arkansas County..                         Emerg; October
                                               12, 1982, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Stuttgart, City of,               050002  April 11, 1975,     ......do..............   Do.
     Arkansas County.                          Emerg; June 1,
                                               1988, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
          Region VII
 
Iowa:
    Bevington, City, Warren           190273  November 30, 1976,  ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1987, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Cumming, City of, Warren          190946  --, Emerg; January  ......do..............   Do.
     County.                                   24, 2000, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Indianola, City of, Warren        190275  June 1, 1977,       ......do..............   Do.
     County.                                   Emerg; July 31,
                                               1979, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.

[[Page 12640]]

 
    Lacona, City of, Warren           190752  December 6, 1976,   ......do..............   Do.
     County.                                   Emerg; July 1,
                                               1987, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Martensdale, City of,             190524  April 28, 1994,     ......do..............   Do.
     Warren County..                           Emerg; September
                                               1, 1996, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Norwalk, City of, Warren          190631  March 3, 1993,      ......do..............   Do.
     County.                                   Emerg; November
                                               20, 1998, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Warren County,                    190912  November 19, 1990,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 1,
                                               1991, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
Nebraska:
    Beaver City, City, Furnas         310348  January 19, 1978,   ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Cambridge, City of, Furnas        310087  May 24, 1973,       ......do..............   Do.
     County.                                   Emerg; March 28,
                                               1980, Reg; Date
                                               of publication in
                                               Federal Register,
                                               Susp.
    Wilsonville, Village of,          310335  May 23, 1994,       ......do..............   Do.
     Furnas County.                            Emerg; November
                                               7, 2001, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
          Region VIII
 
Wyoming:
    Washakie County,                  560089  October 30, 2000,   ......do..............   Do.
     Unincorporated Areas.                     Emerg;--, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
    Worland, City of, Washakie        560056  April 30, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               15, 1978, Reg;
                                               Date of
                                               publication in
                                               Federal Register,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6667 Filed 3-24-09; 8:45 am]
BILLING CODE 9110-12-P