
[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Rules and Regulations]               
[Page 12634-12637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr09-25]                         

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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-8061]

 
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 documention 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.

[[Page 12635]]

    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 IV
Alabama:
    Monroe County,                    010325  December 21, 1978,  Feb. 04, 2009.........  Mar. 25, 2009.
     Unincorporated Areas.                     Emerg; June 4,
                                               1990, Reg; March
                                               25, 2009, Susp.
    Monroeville, City of,             010173   July 2, 1975,      ......*do.............   Do.
     Monroe County.                            Emerg; March 18,
                                               1985, Reg; March
                                               25, 2009, Susp.
Florida:
    Chattahoochee, City of,           120092  June 21, 1974,      ......do..............   Do.
     Gadsden County.                           Emerg; September
                                               4, 1987, Reg;
                                               March 25, 2009,
                                               Susp.
     Columbia County,                 120070  December 16, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 6,
                                               1988, Reg; March
                                               25, 2009, Susp.
    Gadsden County,                   120091  July 10, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 2,
                                               1991, Reg; March
                                               25, 2009, Susp.
     Havana, Town of, Gadsden         120411   June 12, 1979,     ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1986, Reg; March
                                               25, 2009, Susp.
     Lake Butler, City of,            120595  March 24, 1978,     ......do..............   Do.
     Union County.                             Emerg; July 3,
                                               1986, Reg; March
                                               25, 2009, Susp.
    Lake City, City of,               120406  October 2, 1975,    ......do..............   Do.
     Columbia County.                          Emerg; January 6,
                                               1988, Reg; March
                                               25, 2009, Susp.
    Quincy, City of, Gadsden          120093  July 11, 1975,      ......do..............   Do.
     County.                                   Emerg; February
                                               1, 1987, Reg;
                                               March 25, 2009,
                                               Susp.
     Union County,                    120422  August 22, 1979,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 4,
                                               1988, Reg; March
                                               25, 2009, Susp.
     Worthington Springs, City        120594  May 29, 1980,       ......do..............   Do.
     of, Union County.                         Emerg; June 3,
                                               1986, Reg; March
                                               25, 2009, Susp.
North Carolina:
     Aulander, City of, Bertie        370018  June 27, 2000,      ......do..............   Do.
     County.                                   Emerg; -- Reg;
                                               March 25, 2009,
                                               Susp.
     Avery County,                    370010  February 12, 1976,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               28, 1990, Reg;
                                               March 25, 2009,
                                               Susp.
     Bakersville, Town of,            370162  October 16, 1979,   ......do..............   Do.
     Mitchell County.                          Emerg; May 1,
                                               1987, Reg; March
                                               25, 2009, Susp.
    Bertie County,                    370290  December 4, 1985,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               4, 1985, Reg;
                                               March 25, 2009,
                                               Susp.
    Chowan County,                    370301  August 25, 1977,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 3,
                                               1985, Reg; March
                                               25, 2009, Susp.
    Conway, Town of,                  370174  June 10, 1975,      ......do..............   Do.
     Northampton County.                       Emerg; August 1,
                                               1987, Reg; March
                                               25, 2009, Susp.
     Gaston, Town of,                 370413  January 9, 1980,    ......do..............   Do.
     Northampton County.                       Emerg; -- Reg;
                                               March 25, 2009,
                                               Susp.
    Jackson, Town of,                 370175  March 29, 1976,     ......do..............   Do.
     Northampton County.                       Emerg; July 2,
                                               1987, Reg; March
                                               25, 2009, Susp.
    Lasker, Town of,                  370580  February 10, 2006,  ......do..............   Do.
     Northampton County.                       Emerg; -- Reg;
                                               March 25, 2009,
                                               Susp.
    McDowell County,                  370148  January 23, 1974,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 15,
                                               1988, Reg; March
                                               25, 2009, Susp.
    Mitchell County,                  370161  July 18, 1979,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               4, 1986, Reg;
                                               March 25, 2009,
                                               Susp.
    Northampton County,               370173  July 24, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               4, 1988, Reg;
                                               March 25, 2009,
                                               Susp.
    Roxobel, Town of, Bertie          370605  November 26, 2002,  ......do..............   Do.
     County.                                   Emerg; -- Reg;
                                               March 25, 2009,
                                               Susp.
    Severn, Town of,                  370422  February 13, 1984,  ......do..............   Do.
     Northampton County.                       Emerg; February
                                               1, 1987, Reg;
                                               March 25, 2009,
                                               Susp.
    Spruce Pine, Town of,             370163  July 7, 1975,       ......do..............   Do.
     Mitchell County.                          Emerg; September
                                               2, 1988, Reg;
                                               March 25, 2009,
                                               Susp.
    Windsor, Town of, Bertie          370019  March 14, 1974,     ......do..............   Do.
     County.                                   Emerg; July 18,
                                               1977, Reg; March
                                               25, 2009, Susp.

[[Page 12636]]


    Woodland, Town of,                370177  March 27, 1979,     ......do..............   Do.
     Northampton County.                       Emerg; March 1,
                                               1987, Reg; March
                                               25, 2009, Susp.
 South Carolina: James Island,        450263  June 30, 1970,      ......do..............
 Town of, Charleston County                    Emerg; April 23,
                                               1971, Reg; March
                                               25, 2009, Susp.
Tennessee:
     Jasper, Town of, Marion          475429  July 30, 1971,      ......do..............   Do.
     County.                                   Emerg; February
                                               26, 1972, Reg;
                                               March 25, 2009,
                                               Susp.
     Kimball, Town of, Marion         470116   July 1, 1975,      ......do..............   Do.
     County.                                   Emerg; May 19,
                                               1987, Reg; March
                                               25, 2009, Susp.
    Marion County,                    470114  October 23, 1973,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 15,
                                               1980, Reg; March
                                               25, 2009, Susp.
    New Hope, City of, Marion         470377  October 5, 1981,    ......do..............   Do.
     County.                                   Emerg; September
                                               27, 1985, Reg;
                                               March 25, 2009,
                                               Susp.
    South Pittsburg, City of,         475447  July 9, 1971,       ......do..............   Do.
     Marion County.                            Emerg; April 14,
                                               1972, Reg; March
                                               25, 2009, Susp.
           Region V
Illinois:
     Joliet, City of, Kendall         170702  April 13, 1973,     ......do..............   Do.
     County.                                   Emerg; February
                                               4, 1981, Reg;
                                               March 25, 2009,
                                               Susp.
     Kendall County,                  170341  July 5, 1973,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 19,
                                               1982, Reg; March
                                               25, 2009, Susp.
    Lisbon, Village of,               170342  June 11, 1982,      ......do..............   Do.
     Kendall County.                           Emerg; June 11,
                                               1982, Reg; March
                                               25, 2009, Susp.
    Millbrook, Village of,            171193  -- Emerg; -- Reg;   ......do..............   Do.
     Kendall County.                           March 25, 2009,
                                               Susp.
    Millington, Village of,           170343   May 28, 1975,      ......do..............   Do.
     Kendall County.                           Emerg; June 1,
                                               1982, Reg; March
                                               25, 2009, Susp.
    Minooka, Village of,              171019  -- Emerg; March     ......do..............   Do.
     Kendall County.                           12, 1992, Reg;
                                               March 25, 2009,
                                               Susp.
     Newark, Village of,              170344  April 28, 1975,     ......do..............   Do.
     Kendall County.                           Emerg; June 1,
                                               1982, Reg; March
                                               25, 2009, Susp.
     Oswego, Village of,              170345  April 16, 1975,     ......do..............   Do.
     Kendall County.                           Emerg; June 1,
                                               1982, Reg; March
                                               25, 2009, Susp.
    Plainfield, Village of,           170771  May 21, 1975,       ......do..............   Do.
     Kendall County.                           Emerg; November
                                               17, 1982, Reg;
                                               March 25, 2009,
                                               Susp.
    Plano, City of, Kendall           170346  March 7, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1976, Reg;
                                               March 25, 2009,
                                               Susp.
Wisconsin:
     Appleton, City of,               555542   April 23, 1971,    ......do..............   Do.
     Calumet County.                           Emerg; April 6,
                                               1973, Reg; March
                                               25, 2009, Susp.
    Brillion, City of, Calumet        550036  April 22, 1975,     ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1981, Reg; March
                                               25, 2009, Susp.
    Calumet County,                   550035   November 26,       ......do..............   Do.
     Unincorporated Areas.                     1976, Emerg; May
                                               3, 1982, Reg;
                                               March 25, 2009,
                                               Susp.
    Chilton, City of, Calumet         550037  June 11, 1975,      ......do..............   Do.
     County.                                   Emerg; March 16,
                                               1981, Reg; March
                                               25, 2009, Susp.
    Kiel, City of, Calumet            550239  July 10, 1975,      ......do..............   Do.
     County.                                   Emerg; January 3,
                                               1985, Reg; March
                                               25, 2009, Susp.
    Menasha, City of, Calumet         550510   April 25, 1973,    ......do..............   Do.
     County.                                   Emerg; April 3,
                                               1978, Reg; March
                                               25, 2009, Susp.
    New Holstein, City of,            550039  October 16, 1974,   ......do..............   Do.
     Calumet County.                           Emerg; July 2,
                                               1981, Reg; March
                                               25, 2009, Susp.
    Potter, Village of,               550609  -- Emerg; July 30,  ......do..............   Do.
     Calumet County.                           1996, Reg; March
                                               25, 2009, Susp.
    Stockbridge, Village of,          550040  August 25, 1975,    ......do..............   Do.
     Calumet County.                           Emerg; May 3,
                                               1982, Reg; March
                                               25, 2009, Susp.
          Region VII
Nebraska:
    McCook, City of, Red              310181  February 6, 1978,   ......do..............   Do.
     Willow County.                            Emerg; May 2,
                                               1983, Reg; March
                                               25, 2009, Susp.
     Red Willow County,               310469  June 18, 1984,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1988, Reg; March
                                               25, 2009, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.



[[Page 12637]]

    Dated: January 15, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-6587 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P
