
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23115-23117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11516]


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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-8075]


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 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 23116]]



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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
 
Georgia: Good Hope, City of,           130411  April 12, 1976,    May 18, 2009..........  May 18, 2009
 Walton County.                                 Emerg; June 17,
                                                1986, Reg; May
                                                18, 2009, Susp.
Loganville, City of, Walton            130326  March 22, 1979,    *......do.............   Do.
 County.                                        Emerg; July 16,
                                                1982, Reg; May
                                                18, 2009, Susp.
Monroe, City of, Walton County.        130227  March 26, 1975,    ......do..............   Do.
                                                Emerg; February
                                                16, 1990, Reg;
                                                May 18, 2009,
                                                Susp.
North Carolina: Jonesville,            370260  June 26, 1975,     ......do..............   Do.
 Town of, Yadkin County.                        Emerg; July 1,
                                                1987, Reg; May
                                                18, 2009, Susp.
Yadkin County, Unincorporated          370400  NA, Emerg; June    ......do..............   Do.
 Areas.                                         22, 2005, Reg;
                                                May 18, 2009,
                                                Susp.
Tennessee: Benton, City of,            470148  May 27, 1975,      ......do..............   Do.
 Polk County.                                   Emerg; July 3,
                                                1986, Reg; May
                                                18, 2009, Susp.
Copperhill, City of, Polk              470269  May 1, 1975,       ......do..............   Do.
 County.                                        Emerg; August
                                                19, 1986, Reg;
                                                May 18, 2009,
                                                Susp.
Gallatin, City of, Sumner              470185  May 27, 1975,      ......do..............   Do.
 County.                                        Emerg; August 3,
                                                1981, Reg; May
                                                18, 2009, Susp.
Gatlinburg, City of, Sevier            475426  October 30, 1970,  ......do..............   Do.
 County.                                        Emerg; October
                                                30, 1970, Reg;
                                                May 18, 2009,
                                                Susp.
Hendersonville, City of, Sumner        470186  May 28, 1974,      ......do..............   Do.
 County.                                        Emerg; November
                                                4, 1981, Reg;
                                                May 18, 2009,
                                                Susp.
Lebanon, City of, Wilson County        470208  June 23, 1975,     ......do..............   Do.
                                                Emerg; January
                                                6, 1983, Reg;
                                                May 18, 2009,
                                                Susp.
Livingston, City of, Overton           470143  February 5, 1975,  ......do..............   Do.
 County.                                        Emerg; June 3,
                                                1986, Reg; May
                                                18, 2009, Susp.
Mount Juliet, City of, Wilson          470290  July 8, 1976,      ......do..............   Do.
 County.                                        Emerg; May 17,
                                                1982, Reg; May
                                                18, 2009, Susp.
Pigeon Forge, City of, Sevier          475442  November 13,       ......do..............   Do.
 County.                                        1971, Emerg;
                                                September 1,
                                                1972, Reg; May
                                                18, 2009, Susp.
Pittman Center, City of, Sevier        470378  August 24, 1993,   ......do..............   Do.
 County.                                        Emerg; March 1,
                                                1995, Reg; May
                                                18, 2009, Susp.
Polk County, Unincorporated            470261  April 9, 1993,     ......do..............   Do.
 Areas.                                         Emerg; June 16,
                                                1995, Reg; May
                                                18, 2009, Susp.
Sevierville, City of, Sevier           475444  October 23, 1970,  ......do..............   Do.
 County.                                        Emerg; March 27,
                                                1971, Reg; May
                                                18, 2009, Susp.
Sumner County, Unincorporated          470349  August 5, 1975,    ......do..............   Do.
 Areas.                                         Emerg; June 19,
                                                1985, Reg; May
                                                18, 2009, Susp.
Wilson County, Unincorporated          470207  August 27, 1975,   ......do..............   Do.
 Areas.                                         Emerg; June 15,
                                                1984, Reg; May
                                                18, 2009, Susp.
            Region V
 
Wisconsin: Albany, Village of,         550158  March 18, 1975,    ......do..............   Do.
 Green County.                                  Emerg; July 18,
                                                1983, Reg; May
                                                18, 2009, Susp.
Brodhead, City of, Green County        550160  April 30, 1975,    ......do..............   Do.
                                                Emerg; September
                                                29, 1989, Reg;
                                                May 18, 2009,
                                                Susp.
Browntown, City of, Green              550161  August 16, 1978,   ......do..............   Do.
 County.                                        Emerg; October
                                                16, 1984, Reg;
                                                May 18, 2009,
                                                Susp.
Green County, Unincorporated           550157  November 1, 1974,  ......do..............   Do.
 Areas.                                         Emerg; September
                                                15, 1983, Reg;
                                                May 18, 2009,
                                                Susp.
Monroe, City of, Green County..        550162  May 1, 1975,       ......do..............   Do.
                                                Emerg; December
                                                1, 1982, Reg;
                                                May 18, 2009,
                                                Susp.
Monticello, Village of, Green          550163  May 15, 1975,      ......do..............   Do.
 County.                                        Emerg; July 18,
                                                1983, Reg; May
                                                18, 2009, Susp.
New Glarus, Village of, Green          550164  May 2, 1975,       ......do..............   Do.
 County.                                        Emerg; August 1,
                                                1983, Reg; May
                                                18, 2009, Susp.
           Region VI
 
Oklahoma: Bristow, City of,            400051  July 9, 1980,      ......do..............   Do.
 Creek County.                                  Emerg; May 4,
                                                1982, Reg; May
                                                18, 2009, Susp.
Drumright, City of, Creek,             400052  June 12, 1975,     ......do..............   Do.
 Payne County.                                  Emerg; July 2,
                                                1980, Reg; May
                                                18, 2009, Susp.
Kiefer, Town of, Creek County..        400393  July 9, 1975,      ......do..............   Do.
                                                Emerg; April 15,
                                                1982, Reg; May
                                                18, 2009, Susp.
Mannford, Town of, Creek County        400399  March 20, 2003,    ......do..............   Do.
                                                Emerg; NA, Reg;
                                                May 18, 2009,
                                                Susp.
Sapulpa, City of, Creek County.        400053  August 4, 1972,    ......do..............   Do.
                                                Emerg; December
                                                1, 1977, Reg;
                                                May 18, 2009,
                                                Susp.
Stroud, City of, Creek, Lincoln        400417  NA, Emerg; March   ......do..............   Do.
 County.                                        6, 2000, Reg;
                                                May 18, 2009,
                                                Susp.
           Region VII
 
Missouri: Eldon, Town of,              290227  January 17, 1975,  ......do..............   Do.
 Miller County.                                 Emerg; December
                                                12, 1978, Reg;
                                                May 18, 2009,
                                                Susp.

[[Page 23117]]

 
Jonesburg, City of, Montgomery         290310  December 31,       ......do..............   Do.
 County.                                        2007, Emerg; NA,
                                                Reg; May 18,
                                                2009, Susp.
Lake Ozark, City of, Miller            290698  April 15, 2005,    ......do..............   Do.
 County.                                        Emerg; August 1,
                                                2005, Reg; May
                                                18, 2009, Susp.
Miller County, Unincorporated          290226  NA, Emerg;         ......do..............   Do.
 Areas.                                         October 19,
                                                1998, Reg; May
                                                18, 2009, Susp.
Montgomery County,                     290242  October 29, 1986,  ......do..............   Do.
 Unincorporated Areas.                          Emerg; March 1,
                                                1987, Reg; May
                                                18, 2009, Susp.
Rhineland, Town of, Montgomery         290243  October 24, 1986,  ......do..............   Do.
 County.                                        Emerg; October
                                                24, 1986, Reg;
                                                May 18, 2009,
                                                Susp.
Tuscumbia, Village of, Miller          290228  December 2, 1986,  ......do..............   Do.
 County.                                        Emerg; March 1,
                                                1987, Reg; May
                                                18, 2009, Susp.
           Region IX
 
California: San Jose, City of,         060349  January 23, 1976,  ......do..............   Do.
 Santa Clara County.                            Emerg; August 2,
                                                1982, Reg; May
                                                18, 2009, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: May 7, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-11516 Filed 5-15-09; 8:45 am]
BILLING CODE 9110-12-P


