
[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Rules and Regulations]
[Pages 31857-31860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15871]


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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-8081]


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,

[[Page 31858]]

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 I
 
Massachusetts:
    Acushnet, City of, Bristol         250048  April 3, 1981,     July 7, 2009..........  July 7, 2009.
     County.                                    Emerg; July 19,
                                                1982, Reg; July
                                                7, 2009, Susp.
    Attleboro, City of, Bristol        250049  August 16, 1974,   ......do*.............   Do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                July 7, 2009,
                                                Susp.
    Berkley, Town of, Bristol          250050  February 19,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 3, 1978,
                                                Reg; July 7,
                                                2009, Susp.
    Dartmouth, Town of, Bristol        250051  September 10,      ......do..............   Do.
     County.                                    1971, Emerg;
                                                August 15, 1977,
                                                Reg; July 7,
                                                2009, Susp.
    Dighton, Town of, Bristol          250052  March 9, 1973,     ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Easton, Town of, Bristol           250053  August 15, 1974,   ......do..............   Do.
     County.                                    Emerg; February
                                                3, 1982, Reg;
                                                July 7, 2009,
                                                Susp.
    Fairhaven, Town of, Bristol        250054  October 8, 1971,   ......do..............   Do.
     County.                                    Emerg; March 16,
                                                1976, Reg; July
                                                7, 2009, Susp.
    Fall River, City of,               250055  September 14,      ......do..............   Do.
     Bristol County.                            1977, Emerg;
                                                September 30,
                                                1981, Reg; July
                                                7, 2009, Susp.
    Freetown, Town of, Bristol         250056  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Mansfield, Town of, Bristol        250057  January 28, 1972,  ......do..............   Do.
     County.                                    Emerg; April 1,
                                                1977, Reg; July
                                                7, 2009, Susp.
    New Bedford, City of,              255216  February 25,       ......do..............   Do.
     Bristol County.                            1972, Emerg;
                                                July 6, 1973,
                                                Reg; July 7,
                                                2009, Susp.
    North Attleborough, Town           250059  February 10,       ......do..............   Do.
     of, Bristol County.                        1975, Emerg;
                                                September 14,
                                                1979, Reg; July
                                                7, 2009, Susp.
    Norton, Town of, Bristol           250060  March 20, 1974,    ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1979, Reg; July
                                                7, 2009, Susp.
    Raynham, Town of, Bristol          250061  June 23, 1975,     ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Rehoboth, Town of, Bristol         250062  February 11,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                September 1,
                                                1977, Reg; July
                                                7, 2009, Susp.
    Salisbury, Town of, Bristol        250103  November 17,       ......do..............   Do.
     County.                                    1972, Emerg; May
                                                2, 1977, Reg;
                                                July 7, 2009,
                                                Susp.
    Seekonk, Town of, Bristol          250063  July 25, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                5, 1979, Reg;
                                                July 7, 2009,
                                                Susp.
    Somerset, Town of, Bristol         255220  November 13,       ......do..............   Do.
     County.                                    1970, Emerg;
                                                March 17, 1972,
                                                Reg; July 7,
                                                2009, Susp.
    Swansea, Town of, Bristol          255221  June 12, 1970,     ......do..............   Do.
     County.                                    Emerg; August 6,
                                                1971, Reg; July
                                                7, 2009, Susp.
    Taunton, City of, Bristol          250066  June 11, 1973,     ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Westport, Town of, Bristol         255224  August 7, 1970,    ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1971, Reg; July
                                                7, 2009, Susp.
Maine:
    Andover, Town of, Oxford           230160  October 31, 1975,  ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Bethel, Town of, Oxford            230088  August 18, 1975,   ......do..............   Do.
     County.                                    Emerg; May 2,
                                                1991, Reg; July
                                                7, 2009, Susp.
    Buckfield, Town of, Oxford         230090  August 5, 1975,    ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Byron, Town of, Oxford             230330  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Canton, Town of, Oxford            230091  July 3, 1975,      ......do..............   Do.
     County.                                    Emerg; November
                                                3, 1989, Reg;
                                                July 7, 2009,
                                                Susp.

[[Page 31859]]

 
    Denmark, Town of, Oxford           230476  May 7, 1976,       ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Dixfield, Town of, Oxford          230092  June 23, 1975,     ......do..............   Do.
     County.                                    Emerg; March 4,
                                                1985, Reg; July
                                                7, 2009, Susp.
    Fryeburg, Town of, Oxford          230093  April 7, 1975,     ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Greenwood, Town of, Oxford         230332  June 24, 1976,     ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Hanover, Town of, Oxford           230333  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Hartford, Town of, Oxford          230334  May 21, 1976,      ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Hebron, Town of, Oxford            230335  April 21, 1976,    ......do..............   Do.
     County.                                    Emerg; December
                                                31, 1976, Reg;
                                                July 7, 2009,
                                                Susp.
    Hiram, Town of, Oxford             230094  July 30, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1980, Reg;
                                                July 7, 2009,
                                                Susp.
    Lovell, Town of, Oxford            230336  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                17, 1989, Reg;
                                                July 7, 2009,
                                                Susp.
    Mexico, Town of, Oxford            230095  November 17,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                August 15, 1977,
                                                Reg; July 7,
                                                2009, Susp.
    Milton, Township of, Oxford        230460  March 19, 1975,    ......do..............   Do.
     County.                                    Emerg; April 17,
                                                1987, Reg; July
                                                7, 2009, Susp.
    Newry, Town of, Oxford             230337  December 30,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 4,
                                                1985, Reg; July
                                                7, 2009, Susp.
    Norway, Town of, Oxford            230096  November 11,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 4,
                                                1991, Reg; July
                                                7, 2009, Susp.
    Otisfield, Town of, Oxford         230203  January 29, 1976,  ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg; July
                                                7, 2009, Susp.
    Oxford, Town of, Oxford            230869  July 16, 1975,     ......do..............   Do.
     County.                                    Emerg; May 2,
                                                1991, Reg; July
                                                7, 2009, Susp.
    Paris, Town of, Oxford             230097  February 28,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 27,
                                                1991, Reg; July
                                                7, 2009, Susp.
    Peru, Town of, Oxford              230098  October 24, 1975,  ......do..............   Do.
     County.                                    Emerg; May 17,
                                                1990, Reg; July
                                                7, 2009, Susp.
    Porter, Town of, Oxford            230338  October 7, 1976,   ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1979, Reg;
                                                July 7, 2009,
                                                Susp.
    Roxbury, Town of, Oxford           230181  October 24, 1975,  ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Rumford, Town of, Oxford           230099  March 9, 1973,     ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; July
                                                7, 2009, Susp.
    Stoneham, Town of, Oxford          230340  October 1, 1975,   ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1986, Reg;
                                                July 7, 2009,
                                                Susp.
    Stow, Town of, Oxford              230186  February 20,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                November 14,
                                                1978, Reg; July
                                                7, 2009, Susp.
    Sumner, Town of, Oxford            230187  August 5, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Sweden, Town of, Oxford            230341  July 22, 1975,     ......do..............   Do.
     County.                                    Emerg; October
                                                31, 1978, Reg;
                                                July 7, 2009,
                                                Susp.
           Region III
 
Virginia:
    Brunswick County,                  510236  April 4, 1974,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                6, 1991, Reg;
                                                July 7, 2009,
                                                Susp.
    Emporia, City of,                  510047  February 5, 1974,  ......do..............   Do.
     Independent City.                          Emerg; September
                                                30, 1977, Reg;
                                                July 7, 2009,
                                                Susp.
    Greensville County,                510073  February 25,       ......do..............   Do.
     Unincorporated Areas.                      1974, Emerg;
                                                September 29,
                                                1978, Reg; July
                                                7, 2009, Susp.
    Jarratt, Town of,                  510263  March 5, 1975,     ......do..............   Do.
     Greensville County.                        Emerg; October
                                                8, 1982, Reg;
                                                July 7, 2009,
                                                Susp.
    Lawrenceville, Town of,            510023  May 28, 1974,      ......do..............   Do.
     Brunswick County.                          Emerg; July 17,
                                                1978, Reg; July
                                                7, 2009, Susp.
    Stony Creek, Town of,              510159  April 9, 1974,     ......do..............   Do.
     Sussex County.                             Emerg; September
                                                16, 1982, Reg;
                                                July 7, 2009,
                                                Susp.
    Sussex County,                     510192  December 11,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                March 2, 1983,
                                                Reg; July 7,
                                                2009, Susp.
West Virginia: Berkeley County,        540282  July 29, 1975,     ......do..............   Do.
 Unincorporated Areas.                          Emerg; August 4,
                                                1988, Reg; July
                                                7, 2009, Susp.
           Region IV
 
Alabama:
    Ardmore, Town of, Limestone        010306  July 9, 1979,      ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1986, Reg; July
                                                7, 2009, Susp.

[[Page 31860]]

 
    Athens, City of, Limestone         010146  April 11, 1974,    ......do..............   Do.
     County.                                    Emerg; September
                                                28, 1979, Reg;
                                                July 7, 2009,
                                                Susp.
    Limestone County,                  010307  September 2,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                July 16, 1981,
                                                Reg; July 7,
                                                2009, Susp.
    Mooresville, Town of,              010455  December 23,       ......do..............   Do.
     Limestone County.                          2008, Emerg; NA,
                                                Reg; July 7,
                                                2009, Susp.
Kentucky: Liberty, City of,            210054  May 12, 1975,      ......do..............   Do.
 Cassey County.                                 Emerg; July 3,
                                                1986, Reg; July
                                                7, 2009, Susp.
North Carolina:
    Cajahs Mountain, Town of,          370452  NA, Emerg; March   ......do..............   Do.
     Caldwell County.                           6, 1990, Reg;
                                                July 7, 2009,
                                                Susp.
    Caldwell County,                   370039  June 19, 1978,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; August
                                                16, 1988, Reg;
                                                July 7, 2009,
                                                Susp.
    Gamewell, Town of, Caldwell        370451  NA, Emerg;         ......do..............   Do.
     County.                                    February 15,
                                                2000, Reg; July
                                                7, 2009, Susp.
    Granite Falls, Town of,            370414  August 9, 1988,    ......do..............   Do.
     Caldwell County.                           Emerg; August
                                                16, 1988, Reg;
                                                July 7, 2009,
                                                Susp.
    Hudson, Town of, Caldwell          370450  NA, Emerg; March   ......do..............   Do.
     County.                                    6, 1990, Reg;
                                                July 7, 2009,
                                                Susp.
    Lenoir, City of, Caldwell          370040  March 29, 1978,    ......do..............   Do.
     County.                                    Emerg; August
                                                16, 1988, Reg;
                                                July 7, 2009,
                                                Susp.
            Region V
 
Ohio:
    Centerburg, Village of,            390307  June 27, 1975,     ......do..............   Do.
     Knox County.                               Emerg; January
                                                6, 1982, Reg;
                                                July 7, 2009,
                                                Susp.
    Danville, Village of, Knox         390308  June 12, 1975,     ......do..............   Do.
     County.                                    Emerg; August
                                                24, 1984, Reg;
                                                July 7, 2009,
                                                Susp.
    Gambier, Village of, Knox          390310  February 3, 1976,  ......do..............   Do.
     County.                                    Emerg; January
                                                30, 1981, Reg;
                                                July 7, 2009,
                                                Susp.
    Knox County, Unincorporated        390306  NA, Emerg;         ......do..............   Do.
     Areas.                                     October 27,
                                                1993, Reg; July
                                                7, 2009, Susp.
    Mount Vernon, City of, Knox        390311  January 21, 1974,  ......do..............   Do.
     County.                                    Emerg; August 2,
                                                1982, Reg; July
                                                7, 2009, Susp.
            Region X
 
Idaho:
    Bannock County,                    160009  April 30, 1974,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                5, 1979, Reg;
                                                July 7, 2009,
                                                Susp.
    Downey, City of, Bannock           160165  February 8, 1985,  ......do..............   Do.
     County.                                    Emerg; February
                                                8, 1985, Reg;
                                                July 7, 2009,
                                                Susp.
    Inkom, City of, Bannock            160010  July 16, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                15, 1978, Reg;
                                                July 7, 2009,
                                                Susp.
    Lava Hot Springs, City of,         160011  May 20, 1975,      ......do..............   Do.
     Bannock County.                            Emerg; August 1,
                                                1979, Reg; July
                                                7, 2009, Susp.
    McCammon, City of, Bannock         160176  December 21,       ......do..............   Do.
     County.                                    1978, Emerg;
                                                December 21,
                                                1978, Reg; July
                                                7, 2009, Susp.
    Pocatello, City of, Bannock        160012  February 7, 1974,  ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1980, Reg; July
                                                7, 2009, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: June 23, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator, Mitigation Directorate, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-15871 Filed 7-2-09; 8:45 am]
BILLING CODE 9110-12-P


