[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Rules and Regulations]
[Pages 26569-26572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12857]


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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-8077]


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

[[Page 26570]]

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:

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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 III
 
Virginia:
    Crewe, Town of, Nottoway           510264  April 16, 1998,    June 2, 2009..........  June 2, 2009
     County.                                    Emerg; --, Reg;
                                                June 2, 2009,
                                                Susp.
    Nottoway County,                   510307  May 7, 1975,       ......*do.............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1987, Reg;
                                                June 2, 2009,
                                                Susp.
           Region IV
 
Florida:
    Bay County, Unincorporated         120004  May 12, 1975,      ......do..............   Do.
     Areas.                                     Emerg; July 2,
                                                1981, Reg; June
                                                2, 2009, Susp.
    Callaway, City of, Bay             120005  January 13, 1975,  ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; June
                                                2, 2009, Susp.
    Cedar Grove, Town of, Bay          120006  May 16, 1975,      ......do..............   Do.
     County.                                    Emerg; January
                                                25, 1980, Reg;
                                                June 2, 2009,
                                                Susp.
    Lynn Haven, City of, Bay           120009  September 6,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                June 1, 1977,
                                                Reg; June 2,
                                                2009, Susp.
    Mexico Beach, Town of, Bay         120010  September 18,      ......do..............   Do.
     County.                                    1970, Emerg;
                                                July 18, 1977,
                                                Reg; June 2,
                                                2009, Susp.
    Panama City, City of, Bay          120012  September 6,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 18, 1977,
                                                Reg; June 2,
                                                2009, Susp.
    Panama City Beach, City of,        120013  December 17,       ......do..............   Do.
     Bay County.                                1971, Emerg;
                                                June 1, 1977,
                                                Reg; June 2,
                                                2009, Susp.
    Parker, City of, Bay County        120011  May 5, 1975,       ......do..............   Do.
                                                Emerg; August 1,
                                                1980, Reg; June
                                                2, 2009, Susp.
    Springfield, City of, Bay          120014  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                June 2, 2009,
                                                Susp.
Georgia:
    Clarkesville, City of,             130103  April 2, 1976,     ......do..............   Do.
     Habersham County.                          Emerg; February
                                                17, 1988, Reg;
                                                June 2, 2009,
                                                Susp.
    Cornelia, City of,                 130329  August 30, 1976,   ......do..............   Do.
     Habersham County.                          Emerg; August 1,
                                                1986, Reg; June
                                                2, 2009, Susp.
    Habersham County,                  130458  September 23,      ......do..............   Do.
     Unincorporated Areas.                      1976, Emerg;
                                                April 2, 1991,
                                                Reg; June 2,
                                                2009, Susp.
    Tallulah Falls, Town of,           130380  December 29,       ......do..............   Do.
     Habersham County.                          1980, Emerg;
                                                August 13, 1982,
                                                Reg; June 2,
                                                2009, Susp.
North Carolina:
    Burnsville, Town of, Yancey        370373  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; April 17,
                                                1984, Reg; June
                                                2, 2009, Susp.
    Hot Springs, Town of,              370153  November 17,       ......do..............   Do.
     Madison County.                            1977, Emerg;
                                                July 5, 1982,
                                                Reg; June 2,
                                                2009, Susp.
    Madison County,                    370152  November 26,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                September 2,
                                                1982, Reg; June
                                                2, 2009, Susp.
    Mars Hill, Town of, Madison        370385  October 4, 1979,   ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1987, Reg;
                                                June 2, 2009,
                                                Susp.

[[Page 26571]]

 
    Marshall, Town of, Madison         370154  November 23,       ......do..............   Do.
     County.                                    1973, Emerg; May
                                                15, 1978, Reg;
                                                June 2, 2009,
                                                Susp.
    Yancey County,                     370261  March 29, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 17,
                                                1984, Reg; June
                                                2, 2009, Susp.
Ohio:
    Cardington, Village of,            390652  June 13, 1975,     ......do..............   Do.
     Morrow County.                             Emerg; November
                                                2, 1984, Reg;
                                                June 2, 2009,
                                                Susp.
    Morrow County,                     390868  July 23, 1987,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1992, Reg; June
                                                2, 2009, Susp.
    Mt. Gilead, Village of,            390424  April 29, 1975,    ......do..............   Do.
     Morrow County.                             Emerg; August
                                                19, 1987, Reg;
                                                June 2, 2009,
                                                Susp.
Wisconsin:
    Fort Atkinson, City of,            555554  November 13,       ......do..............   Do.
     Jefferson County.                          1970, Emerg;
                                                August 6, 1971,
                                                Reg; June 2,
                                                2009, Susp.
    Jefferson, City of,                555561  April 23, 1971,    ......do..............   Do.
     Jefferson County.                          Emerg; May 26,
                                                1972, Reg; June
                                                2, 2009, Susp.
    Jefferson County,                  550191  April 2, 1971,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1978, Reg;
                                                June 2, 2009,
                                                Susp.
    Johnson Creek, Village of,         550194  February 13,       ......do..............   Do.
     Jefferson County.                          1976, Emerg;
                                                September 30,
                                                1982, Reg; June
                                                2, 2009, Susp.
    Lac La Belle, Village of,          550565  May 25, 1976,      ......do..............   Do.
     Jefferson County.                          Emerg; January
                                                18, 1984, Reg;
                                                June 2, 2009,
                                                Susp.
    Lake Mills, City of,               550195  September 10,      ......do..............   Do.
     Jefferson County.                          1975, Emerg;
                                                July 2, 1987,
                                                Reg; June 2,
                                                2009, Susp.
    Palmyra, Village of,               550196  May 13, 1975,      ......do..............   Do.
     Jefferson County.                          Emerg; May 3,
                                                1990, Reg; June
                                                2, 2009, Susp.
    Sullivan, Village of,              550197  July 10, 1975,     ......do..............   Do.
     Jefferson County.                          Emerg; September
                                                18, 1985, Reg;
                                                June 2, 2009,
                                                Susp.
    Waterloo, City of,                 550198  July 25, 1975,     ......do..............   Do.
     Jefferson County.                          Emerg; September
                                                18, 1985, Reg;
                                                June 2, 2009,
                                                Susp.
    Waterloo, City of, Dodge           550107  May 23, 1975,      ......do..............   Do.
     County.                                    Emerg; April 1,
                                                1981, Reg; June
                                                2, 2009, Susp.
    Whitewater, City of,               550200  March 27, 1975,    ......do..............   Do.
     Jefferson County.                          Emerg; June 1,
                                                1982, Reg; June
                                                2, 2009, Susp.
           Region VI
 
Texas:
    Allen, City of, Collin             480131  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1978, Reg; June
                                                2, 2009, Susp.
    Carrollton, City of, Collin        480167  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; June
                                                2, 2009, Susp.
    Celina, City of, Collin            480133  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1979, Reg;
                                                June 2, 2009,
                                                Susp.
    Collin County,                     480130  June 16, 1981,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 16,
                                                1981, Reg; June
                                                2, 2009, Susp.
    Fairview, Town of, Collin          481069  January 18, 1977,  ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1979, Reg;
                                                June 2, 2009,
                                                Susp.
    Frisco, City of, Collin            480134  October 7, 1975,   ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg; June
                                                2, 2009, Susp.
    Lavon, Town of, Collin             481313  NA, Emerg; May     ......do..............   Do.
     County.                                    13, 1991, Reg;
                                                June 2, 2009,
                                                Susp.
    Lucas, City of, Collin             481545  July 3, 1979,      ......do..............   Do.
     County.                                    Emerg; July 3,
                                                1979, Reg; June
                                                2, 2009, Susp.
    McKinney, City of, Collin          480135  April 9, 1975,     ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg; June
                                                2, 2009, Susp.
    Murphy, City of, Collin            480137  August 7, 1975,    ......do..............   Do.
     County.                                    Emerg; April 1,
                                                1980, Reg; June
                                                2, 2009, Susp.
    New Hope, City of, Collin          480138  NA, Emerg; April   ......do..............   Do.
     County.                                    19, 1996, Reg;
                                                June 2, 2009,
                                                Susp.
    Parker, City of, Collin            480139  May 26, 1977,      ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1979, Reg;
                                                June 2, 2009,
                                                Susp.
    Plano, City of, Collin             480140  July 19, 1974,     ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1980, Reg;
                                                June 2, 2009,
                                                Susp.
    Prosper, City of, Collin           480141  December 2, 1980,  ......do..............   Do.
     County.                                    Emerg; May 4,
                                                1982, Reg; June
                                                2, 2009, Susp.
    Richardson, City of, Collin        480184  February 20,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                December 4,
                                                1979, Reg; June
                                                2, 2009, Susp.
    Sachse, City of, Collin            480186  July 25, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1978, Reg;
                                                June 2, 2009,
                                                Susp.
    Van Alstyne, Town of,              481620  NA, Emerg;         ......do..............   Do.
     Collin County.                             November 11,
                                                1994, Reg; June
                                                2, 2009, Susp.

[[Page 26572]]

 
    Westminster, Town of,              480758  NA, Emerg; May     ......do..............   Do.
     Collin County.                             10, 1993, Reg;
                                                June 2, 2009,
                                                Susp.
           Region VII
 
Kansas:
    Andover, City of, Butler           200383  February 7, 1977,  ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1986, Reg;
                                                June 2, 2009,
                                                Susp.
    Augusta, City of, Butler           200038  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1980, Reg;
                                                June 2, 2009,
                                                Susp.
    Butler County,                     200037  June 23, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 2,
                                                1981, Reg; June
                                                2, 2009, Susp.
    Douglass, City of, Butler          200489  August 21, 2003,   ......do..............   Do.
     County.                                    Emerg; September
                                                1, 2004, Reg;
                                                June 2, 2009,
                                                Susp.
    Rose Hill, City of, Butler         200454  April 20, 1976,    ......do..............   Do.
     County.                                    Emerg; August
                                                24, 1981, Reg;
                                                June 2, 2009,
                                                Susp.
Missouri:
    Benton County,                     290027  September 24,      ......do..............   Do.
     Unincorporated Areas.                      1986, Emerg;
                                                March 1, 1987,
                                                Reg; June 2,
                                                2009, Susp.
    Warsaw, City of, Benton            290030  August 25, 1975,   ......do..............   Do.
     County.                                    Emerg; August 4,
                                                1987, Reg; June
                                                2, 2009, Susp.
          Region VIII
South Dakota:
    Beadle County,                     460251  May 11, 1995,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; October
                                                1, 1997, Reg;
                                                June 2, 2009,
                                                Susp.
    Cavour, Town of, Beadle            461212  March 14, 1997,    ......do..............   Do.
     County.                                    Emerg; June 8,
                                                1998, Reg; June
                                                2, 2009, Susp.
    Huron, City of, Beadle             460003  May 24, 1974,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1987, Reg; June
                                                2, 2009, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: May 22, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-12857 Filed 6-2-09; 8:45 am]
BILLING CODE 9110-12-P