
[Federal Register: September 1, 2009 (Volume 74, Number 168)]
[Rules and Regulations]               
[Page 45122-45126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se09-7]                         

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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-8089]

 
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

[[Page 45123]]

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:

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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:
    Frederick County,                 510063  November 5, 1973,   Sept. 2, 2009.........  Sept. 2, 2009
     Unincorporated Areas.                     Emerg; July 17,
                                               1978, Reg;
                                               September 2,
                                               2009, Susp.
    Middletown, Town of,              510274  February 24, 1975,  ......do*.............   Do.
     Frederick County.                         Emerg; August 3,
                                               1984, Reg;
                                               September 2,
                                               2009, Susp.
    Norfolk, City of,                 510104  August 15, 1973,    ......do..............   Do.
     Independent City County.                  Emerg; August 1,
                                               1979, Reg;
                                               September 2,
                                               2009, Susp.

[[Page 45124]]


    Stephens City, Town of,           510064  June 17, 1975,      ......do..............   Do.
     Frederick County.                         Emerg; September
                                               10, 1984, Reg;
                                               September 2,
                                               2009, Susp.
    Winchester, City of,              510173  September 6, 1974,  ......do..............   Do.
     Independent City County.                  Emerg; November
                                               15, 1978, Reg;
                                               September 2,
                                               2009, Susp.
West Virginia:
    Bayard, Town of, Grant            540240  October 3, 1975,    ......do..............   Do.
     County.                                   Emerg; August 10,
                                               1979, Reg;
                                               September 2,
                                               2009, Susp.
    Hardy County,                     540051  May 16, 1978,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 19,
                                               1985, Reg;
                                               September 2,
                                               2009, Susp.
    Moorefield, Town of, Hardy        540052  May 12, 1975,       ......do..............   Do.
     County.                                   Emerg; July 1,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Petersburg, Town of, Grant        540039  April 18, 1975,     ......do..............   Do.
     County.                                   Emerg; June 18,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Wardensville, Town of,            540245  April 17, 1975,     ......do..............   Do.
     Hardy County.                             Emerg; August 1,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.

           Region IV

Georgia:
    Arlington, City of,               130026  November 3, 1975,   ......do..............   Do.
     Calhoun, Early County.                    Emerg; June 3,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    Brooks County,                    130281  May 3, 1982,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 3,
                                               1982, Reg;
                                               September 2,
                                               2009, Susp.
    Calhoun County,                   130571  August 10, 1999,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Dawson, City of, Terrell          130509  September 27,       ......do..............   Do.
     County.                                   1994, Emerg; NA,
                                               Reg; September 2,
                                               2009, Susp.
    Early County,                     130499  February 28, 1991,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 2,
                                               1995, Reg;
                                               September 2,
                                               2009, Susp.
    Edison, City of, Calhoun          130085  September 14,       ......do..............   Do.
     County.                                   2007, Emerg; NA,
                                               Reg; September 2,
                                               2009, Susp.
    Lee County, Unincorporated        130122  May 1, 1975,        ......do..............   Do.
     Areas.                                    Emerg; May 15,
                                               1991, Reg;
                                               September 2,
                                               2009, Susp.
    Leesburg, City of, Lee            130348  March 3, 1976,      ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    North High Shoals, Town           130368  October 28, 1983,   ......do..............   Do.
     of, Oconee County.                        Emerg; September
                                               1, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Oconee County,                    130453  October 16, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 17,
                                               1989, Reg;
                                               September 2,
                                               2009, Susp.
    Quitman, City of, Brooks          130015  December 26, 1973,  ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1982, Reg;
                                               September 2,
                                               2009, Susp.
    Reynolds, Town of, Taylor         130527  NA, Emerg; June     ......do..............   Do.
     County.                                   19, 2003, Reg;
                                               September 2,
                                               2009, Susp.
    Smithville, City of, Lee          130349  January 18, 1983,   ......do..............   Do.
     County.                                   Emerg; June 4,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Taylor County,                    130522  NA, Emerg;          ......do..............   Do.
     Unincorporated Areas.                     February 13,
                                               1997, Reg;
                                               September 2,
                                               2009, Susp.
    Terrell County,                   130400  February 13, 1997,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Watkinsville, City of,            130369  March 18, 1976,     ......do..............   Do.
     Oconee County.                            Emerg; August 19,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
Kentucky:
    McCreary County,                  210343  November 19, 1996,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Monticello, City of, Wayne        210221  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               September 2,
                                               2009, Susp.
    Morganfield, City of,             210216  July 23, 1975,      ......do..............   Do.
     Union County.                             Emerg; September
                                               1, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Shelby County,                    210209  August 23, 1996,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               1, 2001, Reg;
                                               September 2,
                                               2009, Susp.
    Shelbyville, City of,             210376  June 9, 1997,       ......do..............   Do.
     Shelby County.                            Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Sturgis, City of, Union           210217  April 8, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Union County,                     210301  December 21, 2005,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Uniontown, Town of, Union         210218  May 23, 1997,       ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1998, Reg;
                                               September 2,
                                               2009, Susp.
North Carolina:
    Alleghany County,                 370004  December 23, 2002,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               1, 2004, Reg;
                                               September 2,
                                               2009, Susp.

[[Page 45125]]


    Sparta, Town of, Alleghany        370005  April 27, 1977,     ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.

           Region VI

Texas:
    Bulverde, City of, Comal          481681  NA, Emerg; March    ......do..............   Do.
     County.                                   24, 1998, Reg;
                                               September 2,
                                               2009, Susp.
    Comal County,                     485463  March 5, 1971,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               9, 1973, Reg;
                                               September 2,
                                               2009, Susp.
    New Braunfels, City of,           485493  December 4, 1970,   ......do..............   Do.
     Comal County.                             Emerg; December
                                               1, 1972, Reg;
                                               September 2,
                                               2009, Susp.

          Region VII

Kansas:
    Great Bend, City of,              200019  February 24, 1977,  ......do..............   Do.
     Barton County.                            Emerg; May 16,
                                               1983, Reg;
                                               September 2,
                                               2009, Susp.
    Hoisington, City of,              200020  February 21, 1975,  ......do..............   Do.
     Barton County.                            Emerg; February
                                               5, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Pawnee Rock, City of,             200021  May 10, 1976,       ......do..............   Do.
     Barton County.                            Emerg; January
                                               14, 1977, Reg;
                                               September 2,
                                               2009, Susp.

          Region VIII

North Dakota:
    Bottineau, City of,               380007  July 1, 1974,       ......do..............   Do.
     Bottineau County.                         Emerg; September
                                               28, 1979, Reg;
                                               September 2,
                                               2009, Susp.
    Haram, Township of,               380673  May 16, 1983,       ......do..............   Do.
     Bottineau County.                         Emerg; January 2,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Lansford, City of,                380184  February 5, 1979,   ......do..............   Do.
     Bottineau County.                         Emerg; August 12,
                                               1980, Reg;
                                               September 2,
                                               2009, Susp.
    Lansford, Township of,            380675  June 1, 1983,       ......do..............   Do.
     Bottineau County.                         Emerg; August 19,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Newborg, Township of,             380668  April 5, 1983,      ......do..............   Do.
     Bottineau County.                         Emerg; January
                                               16, 1987, Reg;
                                               September 2,
                                               2009, Susp.
    Souris, City of, Bottineau        380010  August 12, 1977,    ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    Willow City, City of,             380011  May 27, 1976,       ......do..............   Do.
     Bottineau County.                         Emerg; September
                                               28, 1979, Reg;
                                               September 2,
                                               2009, Susp.
South Dakota:
    Baltic, Town of, Minnehaha        460058  January 17, 1980,   ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               September 2,
                                               2009, Susp.
    Brandon, City of,                 460296  February 9, 1977,   ......do..............   Do.
     Minnehaha County.                         Emerg; July 10,
                                               1979, Reg;
                                               September 2,
                                               2009, Susp.
    Dell Rapids, City of,             460059  December 17, 1974,  ......do..............   Do.
     Minnehaha County.                         Emerg; August 15,
                                               1980, Reg;
                                               September 2,
                                               2009, Susp.
    Hanson County,                    460270  February 26, 1997,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 1,
                                               1998, Reg;
                                               September 2,
                                               2009, Susp.
    Hutchinson County,                460041  June 27, 1986,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Lake County,                      460276  March 20, 1979,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    Madison, City of, Lake            460044  May 15, 1975,       ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1982, Reg;
                                               September 2,
                                               2009, Susp.
    Menno, City of, Hutchinson        460199  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               15, 1985, Reg;
                                               September 2,
                                               2009, Susp.
    Minnehaha County,                 460057  November 11, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               5, 1979, Reg;
                                               September 2,
                                               2009, Susp.
    Parkston, City of,                460042  June 27, 1975,      ......do..............   Do.
     Hutchinson County.                        Emerg; November
                                               15, 1985, Reg;
                                               September 2,
                                               2009, Susp.
    Sioux Falls, City of,             460060  April 12, 1974,     ......do..............   Do.
     Minnehaha County.                         Emerg; January
                                               17, 1979, Reg;
                                               September 2,
                                               2009, Susp.
    Valley Springs, City of,          460221  April 3, 1978,      ......do..............   Do.
     Minnehaha County.                         Emerg; July 16,
                                               1980, Reg;
                                               September 2,
                                               2009, Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.


[[Page 45126]]

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; 
Susp.--Suspension.

    Dated: August 24, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-21024 Filed 8-31-09; 8:45 am]

BILLING CODE 9110-12-P
