
[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Rules and Regulations]               
[Page 55151-55154]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc09-19]                         

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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-8101]

 
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

[[Page 55152]]

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
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           Region IV

Alabama:
    Andalusia, City of,                010331  February 26,       Nov. 4, 2009..........  Nov. 4, 2009
     Covington County.                          1999, Emerg; N/
                                                A, Reg; November
                                                4, 2009, Susp.
    Benton, Town of, Lowndes           015002  February 25,       *......do.............   Do.
     County.                                    1972, Emerg;
                                                April 6, 1973,
                                                Reg; November 4,
                                                2009, Susp.
    Conecuh County,                    010319  March 31, 1998,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; N/A, Reg;
                                                November 4,
                                                2009, Susp.
    Covington County,                  010244  August 4, 1989,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1990, Reg;
                                                November 4,
                                                2009, Susp.
    Evergreen, City of, Conecuh        010051  September 3,       ......do..............   Do.
     County.                                    1976, Emerg; May
                                                26, 1998, Reg;
                                                November 4,
                                                2009, Susp.
    Lowndes County,                    010272  December 11,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                August 15, 1984,
                                                Reg; November 4,
                                                2009, Susp.
    Opp, City of, Covington            010241  October 20, 1975,  ......do..............   Do.
     County.                                    Emerg; July 18,
                                                1985, Reg;
                                                November 4,
                                                2009, Susp.
    Red Level, Town of,                010243  May 3, 1999,       ......do..............   Do.
     Covington County.                          Emerg; N/A, Reg;
                                                November 4,
                                                2009, Susp.
    River Falls, Town of,              010054  December 24,       ......do..............   Do.
     Covington County.                          1975, Emerg;
                                                July 8, 1977,
                                                Reg; November 4,
                                                2009, Susp.
North Carolina:
    Ashe County, Unincorporated        370007  August 4, 1975,    ......do..............   Do.
     Areas.                                     Emerg; August
                                                16, 1988, Reg;
                                                November 4,
                                                2009, Susp.
    Jefferson, Town of, Ashe           370008  September 5,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                August 16, 1988,
                                                Reg; November 4,
                                                2009, Susp.
    Lansing, Town of, Ashe             370374  September 4,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                August 5, 1986,
                                                Reg; November 4,
                                                2009, Susp.
    West Jefferson, Town of,           370009  August 21, 1975,   ......do..............   Do.
     Ashe County.                               Emerg; June 4,
                                                1987, Reg;
                                                November 4,
                                                2009, Susp.

[[Page 55153]]


            Region V

Wisconsin:
    Brandon, Village of, Fond          550132  March 31, 1975,    ......do..............   Do.
     Du Lac County.                             Emerg; September
                                                16, 1988, Reg;
                                                November 4,
                                                2009, Susp.
    Campbellsport, Village of,         550133  May 13, 1975,      ......do..............   Do.
     Fond Du Lac County.                        Emerg; May 15,
                                                1978, Reg;
                                                November 4,
                                                2009, Susp.
    Fond Du Lac, City of, Fond         550136  March 8, 1974,     ......do..............   Do.
     Du Lac County.                             Emerg; January
                                                3, 1979, Reg;
                                                November 4,
                                                2009, Susp.
    Fond Du Lac County,                550131  April 2, 1974,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 19,
                                                1982, Reg;
                                                November 4,
                                                2009, Susp.
    Kewaskum, Village of,              550474  July 7, 1975,      ......do..............   Do.
     Washington County.                         Emerg; January
                                                6, 1982, Reg;
                                                November 4,
                                                2009, Susp.
    Mount Calvary, Village of,         550137  August 1, 1975,    ......do..............   Do.
     Fond Du Lac County.                        Emerg; September
                                                30, 1976, Reg;
                                                November 4,
                                                2009, Susp.
    North Fond Du Lac, Village         550138  March 27, 1975,    ......do..............   Do.
     of, Fond Du Lac County.                    Emerg; December
                                                4, 1979, Reg;
                                                November 4,
                                                2009, Susp.
    Ripon, City of, Fond Du Lac        550140  July 2, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1980, Reg;
                                                November 4,
                                                2009, Susp.
    Rosendale, Village of, Fond        550141  October 20, 1975,  ......do..............   Do.
     Du Lac County.                             Emerg; September
                                                29, 1989, Reg;
                                                November 4,
                                                2009, Susp.
    St. Cloud, Village of, Fond        550142  April 23, 1976,    ......do..............   Do.
     Du Lac County.                             Emerg; July 1,
                                                1987, Reg;
                                                November 4,
                                                2009, Susp.
    Waupun, City of, Fond Du           550108  January 21, 1975,  ......do..............   Do.
     Lac County.                                Emerg; August
                                                15, 1984, Reg;
                                                November 4,
                                                2009, Susp.
           Region VII

Kansas:
    McLouth, City of, Jefferson        200148  July 21, 1975,     ......do..............   Do.
     County.                                    Emerg; July 20,
                                                1984, Reg;
                                                November 4,
                                                2009, Susp.
    Oskaloosa, City of,                200151  November 21,       ......do..............   Do.
     Jefferson County.                          1975, Emerg;
                                                August 3, 1984,
                                                Reg; November 4,
                                                2009, Susp.
Missouri:......................
    Marthasville, City of,             290444  September 14,      ......do..............   Do.
     Warren County.                             1983, Emerg;
                                                September 14,
                                                1983, Reg;
                                                November 4,
                                                2009, Susp.
    Warren County,                     290443  June 1, 1984,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 3,
                                                1985, Reg;
                                                November 4,
                                                2009, Susp.
    Wright City, City of,              290654  NA, Emerg; March   ......do..............   Do.
     Warren County.                             26, 2008, Reg;
                                                November 4,
                                                2009, Susp.
          Region VIII

South Dakota:
    Big Stone City, City of,           460156  July 11, 1995,     ......do..............   Do.
     Grant County.                              Emerg; July 1,
                                                1998, Reg;
                                                November 4,
                                                2009, Susp.
    Milbank, City of, Grant            460200  April 23, 1980,    ......do..............   Do.
     County.                                    Emerg; December
                                                9, 1985, Reg;
                                                November 4,
                                                2009, Susp.
    Revillo, Town of, Grant            460031  June 30, 1975,     ......do..............   Do.
     County.                                    Emerg; October
                                                1, 1986, Reg;
                                                November 4,
                                                2009, Susp.
Wyoming:
    Converse County,                   560082  April 22, 1983,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 5,
                                                1988, Reg;
                                                November 4,
                                                2009, Susp.
    Douglas, City of, Converse         560013  October 2, 1975,   ......do..............   Do.
     County.                                    Emerg; October
                                                17, 1978, Reg;
                                                November 4,
                                                2009, Susp.
    Glenrock, Town of, Converse        560014  June 2, 1975,      ......do..............   Do.
     County.                                    Emerg; November
                                                15, 1985, Reg;
                                                November 4,
                                                2009, Susp.
----------------------------------------------------------------------------------------------------------------
 *......Do = Ditto.
 Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 55154]]

    Dated: October 9, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-25835 Filed 10-26-09; 8:45 am]

BILLING CODE 9110-12-P
