
[Federal Register: August 14, 2009 (Volume 74, Number 156)]
[Rules and Regulations]               
[Page 41056-41059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au09-10]                         

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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-8087]

 
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.

[[Page 41057]]

    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
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            Region III

Virginia:
    Colonial Beach, Town of,             510172  March 5, 1975,       August 18, 2009.........  August 18, 2009.
     Westmoreland County.                         Emerg; September
                                                  18, 1987, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Westmoreland County,                 510250  September 23, 1974,  ......*do...............   Do.
     Unincorporated Areas.                        Emerg; September
                                                  18, 1987, Reg;
                                                  August 18, 2009,
                                                  Susp.
            Region IV

Alabama:
    Barbour County,                      010315  January 20, 1976,    ......do................   Do.
     Unincorporated Areas.                        Emerg; January 1,
                                                  1987, Reg; August
                                                  18, 2009, Susp.
    Blue Springs, Town of,               010224  November 3, 1975,    ......do................   Do.
     Barbour County.                              Emerg; September
                                                  1, 1986, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Brent, Town of, Bibb County..        010012  November 1, 1974,    ......do................   Do.
                                                  Emerg; September
                                                  4, 1985, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Centreville, City of, Bibb           010369  May 28, 1975,        ......do................   Do.
     County.                                      Emerg; August 19,
                                                  1985, Reg; August
                                                  18, 2009, Susp.
    Clayton, Town of, Barbour            010377  April 11, 1990,      ......do................   Do.
     County.                                      Emerg; May 1,
                                                  1994, Reg; August
                                                  18, 2009, Susp.
    Clio, Town of, Barbour County        010223  December 30, 1975,   ......do................   Do.
                                                  Emerg; July 18,
                                                  1985, Reg; August
                                                  18, 2009, Susp.
    Double Springs, Town of,             010350  February 8, 1991,    ......do................   Do.
     Winston County.                              Emerg; September
                                                  1, 1991, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Eufaula, City of, Barbour            010011  April 10, 1975,      ......do................   Do.
     County.                                      Emerg; January 15,
                                                  1988, Reg; August
                                                  18, 2009, Susp.
    Haleyville, City of, Winston         010303  October 23, 1975,    ......do................   Do.
     County.                                      Emerg; June 25,
                                                  1976, Reg; August
                                                  18, 2009, Susp.
    Louisville, Town of, Barbour         010225  November 25, 1975,   ......do................   Do.
     County.                                      Emerg; September
                                                  1, 1987, Reg;
                                                  August 18, 2009,
                                                  Susp.
    West Blockton, Town of, Bibb         010014  October 24, 1974,    ......do................   Do.
     County.                                      Emerg; September
                                                  18, 1985, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Winston County,                      010304  January 14, 1991,    ......do................   Do.
     Unincorporated Areas.                        Emerg; September
                                                  1, 1991, Reg;
                                                  August 18, 2009,
                                                  Susp.
Florida:
    Kenneth, City of, Pinellas           120245  August 6, 1974,      ......do................   Do.
     County.                                      Emerg; January 16,
                                                  1981, Reg; August
                                                  18, 2009, Susp.
    Leon County, Unincorporated          120143  June 4, 1973,        ......do................   Do.
     Areas.                                       Emerg; March 3,
                                                  2000, Reg; August
                                                  18, 2009, Susp.
    Pinellas Park, City of,              120251  October 8, 1971,     ......do................   Do.
     Pinellas County.                             Emerg; August 15,
                                                  1977, Reg; August
                                                  18, 2009, Susp.
    Tallahassee, City of, Leon           120144  March 10, 1972,      ......do................   Do.
     County.                                      Emerg; December 6,
                                                  1976, Reg; August
                                                  18, 2009, Susp.
Georgia:
    Baker County, Unincorporated         130270  August 18, 1994,     ......do................   Do.
     Areas.                                       Emerg; June 19,
                                                  1997, Reg; August
                                                  18, 2009, Susp.
    Butts County, Unincorporated         130518  January 24, 1995,    ......do................   Do.
     Areas.                                       Emerg; March 18,
                                                  1996, Reg; August
                                                  18, 2009, Susp.
    Cairo, City of, Grady County.        130097  May 30, 1975,        ......do................   Do.
                                                  Emerg; September
                                                  1, 1986, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Colquitt, City of, Miller            130135  July 22, 1992,       ......do................   Do.
     County.                                      Emerg; April 1,
                                                  1993, Reg; August
                                                  18, 2009, Susp.
    Flovilla, City of, Butts             130283  July 13, 1976,       ......do................   Do.
     County.                                      Emerg; September
                                                  29, 1986, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Grady County, Unincorporated         130096  October 20, 1994,    ......do................   Do.
     Areas.                                       Emerg; April 1,
                                                  1996, Reg; August
                                                  18, 2009, Susp.
    Ideal, City of, Grady County.        130520  February 1, 1995,
                                                  Emerg; April 3,
                                                  1996, Reg; August
                                                  18, 2009, Susp.
    Jackson, City of, Butts              130222  July 8, 1975,        ......do................   Do.
     County.                                      Emerg; September
                                                  29, 1986, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Jenkinsburg, Town of, Butts          130525  January 3, 2001,     ......do................   Do.
     County.                                      Emerg; NA, Reg;
                                                  August 18, 2009,
                                                  Susp.

[[Page 41058]]


    Macon County, Unincorporated         130506  September 22, 1994,  ......do................   Do.
     Areas.                                       Emerg; April 3,
                                                  1996, Reg; August
                                                  18, 2009, Susp.
    Marshallville, Town of, Macon        130536  NA, Emerg; March     ......do................   Do.
     County.                                      19, 1999, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Miller County, Unincorporated        130134  November 29, 1994,   ......do................   Do.
     Areas.                                       Emerg; NA, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Montezuma, City of, Macon            130136  February 21, 1975,   ......do................   Do.
     County.                                      Emerg; August 1,
                                                  1986, Reg; August
                                                  18, 2009, Susp.
    Newton, City of, Baker County        130004  May 29, 1975,        ......do................   Do.
                                                  Emerg; September
                                                  1, 1986, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Oglethorpe, City of, Macon           130133  February 22, 1975,   ......do................   Do.
     County.                                      Emerg; September
                                                  29, 1986, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Unified Government of,               135268  February 27, 2006,   ......do................   Do.
     Webster County.                              Emerg; NA, Reg;
                                                  August 18, 2009,
                                                  Susp.
North Carolina:
    Mount Airy, City of, Surry           370226  May 28, 1975,        ......do................   Do.
     County.                                      Emerg; December 1,
                                                  1981, Reg; August
                                                  18, 2009, Susp.
    Surry County, Unincorporated         370364  November 9, 1979,    ......do................   Do.
     Areas.                                       Emerg; December 1,
                                                  1981, Reg; August
                                                  18, 2009, Susp.

             Region V
Illinois:
    Bluffs, Village of, Scott            170608  April 28, 1983,      ......do................   Do.
     County.                                      Emerg; April 28,
                                                  1983, Reg; August
                                                  18, 2009, Susp.
    Meredosia, Village of, Morgan        170517  March 13, 1974,      ......do................   Do.
     County.                                      Emerg; April 15,
                                                  1982, Reg; August
                                                  18, 2009, Susp.
    Morgan County, Unincorporated        170903  April 4, 1979,       ......do................   Do.
     Areas.                                       Emerg; January 17,
                                                  1986, Reg; August
                                                  18, 2009, Susp.
Ohio:
    Ashland County,                      390759  April 20, 1982,      ......do................   Do.
     Unincorporated Areas.                        Emerg; January 1,
                                                  1988, Reg; August
                                                  18, 2009, Susp.
    Creston, Village of, Wayne           390575  NA, Emerg; October   ......do................   Do.
     County.                                      17, 1994, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Perrysville, Village of,             390730  April 6, 1976,       ......do................   Do.
     Ashland County.                              Emerg; August 1,
                                                  1987, Reg; August
                                                  18, 2009, Susp.
    Streetsboro, City of, Portage        390797  April 16, 1976,      ......do................   Do.
     County.                                      Emerg; December
                                                  18, 1984, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Windham, Village of, Portage         390459  October 14, 1976,    ......do................   Do.
     County.                                      Emerg; December
                                                  14, 1979, Reg;
                                                  August 18, 2009,
                                                  Susp.
Wisconsin:
    Bellevue, Village of, Brown          550627  NA, Emerg; February  ......do................   Do.
     County.                                      9, 2005, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Brown County, Unincorporated         550020  March 10, 1972,      ......do................   Do.
     Areas.                                       Emerg; April 17,
                                                  1978, Reg; August
                                                  18, 2009, Susp.
    De Pere, City of, Brown              550021  June 12, 1975,       ......do................   Do.
     County.                                      Emerg; July 2,
                                                  1981, Reg; August
                                                  18, 2009, Susp.
    Green Bay, City of, Brown            550022  August 30, 1974,     ......do................   Do.
     County.                                      Emerg; September
                                                  30, 1977, Reg;
                                                  August 18, 2009,
                                                  Susp.
    Pulaski, Village of, Brown           550024  February 27, 1976,   ......do................   Do.
     County.                                      Emerg; August 3,
                                                  1981, Reg; August
                                                  18, 2009, Susp.

            Region VII

Kansas:
    Basehor, City of, Leavenworth        200187  August 6, 1975,      ......do................   Do.
     County.                                      Emerg; December 7,
                                                  1984, Reg; August
                                                  18, 2009, Susp.
    Leavenworth, City of,                200190  May 1, 1973, Emerg;  ......do................   Do.
     Leavenworth County.                          January 5, 1978,
                                                  Reg; August 18,
                                                  2009, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 41059]]

    Dated: August 11, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate.
[FR Doc. E9-19540 Filed 8-13-09; 8:45 am]

BILLING CODE 9110-12-P
