
[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Rules and Regulations]               
[Page 18149-18152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap09-14]                         

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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-8071]

 
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

[[Page 18150]]

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 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: Amelia County,               510314  March 22, 1976,    April 16, 2009........  April 21, 2009.
 Unincorporated Areas.                          Emerg; September
                                                1, 1987, Reg;
                                                April 21, 2009,
                                                Susp.
           Region IV
Florida: Gulf County,                  120098  August 7, 1975,    ......do*.............   Do.
 Unincorporated Areas.                          Emerg; June 15,
                                                1983, Reg; April
                                                21, 2009, Susp.
            Region V
Ohio:

[[Page 18151]]


    Delaware, City of, Delaware        390148  January 31, 1975,  ......do..............   Do.
     County.                                    Emerg; November
                                                2, 1983, Reg;
                                                April 21, 2009,
                                                Susp.
    Delaware County,                   390146  February 16,       ......do..............   Do.
     Unincorporated Areas.                      1977, Emerg;
                                                October 18,
                                                1983, Reg; April
                                                21, 2009, Susp.
    Powell, Village of,                390626  July 8, 1975,      ......do..............   Do.
     Delaware County.                           Emerg; March 4,
                                                1985, Reg; April
                                                21, 2009, Susp.
    Sunbury, Village of,               390152  June 18, 1975,     ......do..............   Do.
     Delaware County.                           Emerg; September
                                                1, 1987, Reg;
                                                April 21, 2009,
                                                Susp.
          Region VIII
North Dakota:
    Belmont, Township of, Trail        380653  July 12, 1982,     ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Benson County,                     380682  January 31, 1995,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 2,
                                                1995, Reg; April
                                                21, 2009, Susp.
    Bingham, Township of, Trail        380640  February 8, 1980,  ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Buxton, Township of, Trail         380676  April 9, 1984,     ......do..............   Do.
     County.                                    Emerg; March 12,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Caledonia, Township of,            380638  January 3, 1980,   ......do..............   Do.
     Trail County.                              Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Eldorado, Township of,             380645  April 25, 1980,    ......do..............   Do.
     Trail County.                              Emerg; August
                                                19, 1986, Reg;
                                                April 21, 2009,
                                                Susp.
    Elm River, Township of,            380636  September 13,      ......do..............   Do.
     Trail County.                              1979, Emerg;
                                                August 5, 1986,
                                                Reg; April 21,
                                                2009, Susp.
    Garfield, Township of,             380669  April 5, 1983,     ......do..............   Do.
     Trail County.                              Emerg; December
                                                11, 1985, Reg;
                                                April 21, 2009,
                                                Susp.
    Herberg, Township of, Trail        380621  September 25,      ......do..............   Do.
     County.                                    1978, Emerg;
                                                August 5, 1986,
                                                Reg; April 21,
                                                2009, Susp.
    Hillsboro, City of, Trail          380132  March 3, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                April 21, 2009,
                                                Susp.
    Kelso, Township of, Trail          380644  April 11, 1980,    ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Lindaas, Township of, Trail        380300  April 11, 1980,    ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1986, Reg;
                                                April 21, 2009,
                                                Susp.
    Mayville, City of, Trail           380133  March 21, 1975,    ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; April
                                                21, 2009, Susp.
    Mayville, Township of,             380301  November 23,       ......do..............   Do.
     Trail County.                              1979, Emerg;
                                                September 29,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Minnewaukan, City of,              380240  April 24, 1995,    ......do..............   Do.
     Benson County.                             Emerg; May 4,
                                                1998, Reg; April
                                                21, 2009, Susp.
    Norman, Township of, Trail         380670  April 5, 1983,     ......do..............   Do.
     County.                                    Emerg; March 12,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Norway, Township of, Trail         380643  March 24, 1980,    ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Portland, City of, Trail           380134  October 14, 1975,  ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; April
                                                21, 2009, Susp.
    Roseville, Township of,            380641  February 21,       ......do..............   Do.
     Trail County.                              1980, Emerg;
                                                September 29,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Spirit Lake Tribe, Benson          380700  August 19, 1997,   ......do..............   Do.
     County.                                    Emerg; May 4,
                                                1998, Reg; April
                                                21, 2009, Susp.
    Stavanger, Township of,            380642  February 29,       ......do..............   Do.
     Trail County.                              1980, Emerg;
                                                August 5, 1986,
                                                Reg; April 21,
                                                2009, Susp.
    Trail County,                      380130  June 30, 1997,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 4,
                                                1998, Reg; April
                                                21, 2009, Susp.
    Viking, Township of, Trail         380322  March 30, 1978,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1986, Reg;
                                                April 21, 2009,
                                                Susp.
    South Dakota: Sturgis, City        460055  February 9, 1973,  ......do..............   Do.
     of, Meade County.                          Emerg; June 1,
                                                1977, Reg; April
                                                21, 2009, Susp.
           Region IX
California: Sonora, City of,           060412  February 13,       ......do..............   Do.
 Tuolumne County.                               1976, Emerg; May
                                                25, 1978, Reg;
                                                April 21, 2009,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 18152]]

    Dated: April 9, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-9070 Filed 4-20-09; 8:45 am]

BILLING CODE 9110-12-P
