
[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Rules and Regulations]               
[Page 66580-66583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de09-12]                         

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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-8107]

 
Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that are scheduled for suspension on the effective 
dates listed within this rule because of noncompliance with the 
floodplain management requirements of the program. If the Federal 
Emergency Management Agency (FEMA) receives documentation that the 
community has adopted the required floodplain management measures prior 
to the effective suspension date given in this rule, the suspension 
will not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
flood insurance which is generally not otherwise available. In return, 
communities agree to adopt and administer local floodplain management 
aimed at protecting lives and new construction from future flooding. 
Section 1315 of the National Flood Insurance Act of 1968, as amended, 
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under 
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body 
adopts adequate floodplain management measures with effective 
enforcement measures. The communities listed in this document no longer 
meet that statutory requirement for compliance with program 
regulations, 44 CFR part 59. Accordingly, the communities will be 
suspended on the effective date in the third column. As of that date, 
flood insurance will no longer be available in the community. However, 
some of these communities may adopt and submit the required 
documentation of legally enforceable floodplain management measures 
after this rule is published but prior to the actual suspension date. 
These communities will not be suspended and will continue their 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the communities will be published in the Federal 
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) in these communities by publishing a Flood Insurance Rate Map 
(FIRM). The date of the FIRM, if one has been published, is indicated 
in the fourth column of the table. No direct Federal financial 
assistance (except assistance pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act not in connection with a 
flood) may legally be provided for construction or acquisition of 
buildings in identified SFHAs for communities not participating in the 
NFIP and identified for more than a year, on FEMA's initial flood 
insurance map of the community as having flood-prone areas (section 
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), 
as amended). This prohibition against certain types of Federal 
assistance becomes effective for the communities listed on the date 
shown in the last column. The Administrator finds that notice and 
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary 
because communities listed in this final rule have been adequately 
notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 42 
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate 
public body adopts adequate floodplain management measures with 
effective enforcement measures. The communities listed no longer comply 
with the statutory requirements, and after the effective date, flood 
insurance will no longer be available in the communities unless 
remedial action takes place.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection 
of

[[Page 66581]]

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:

----------------------------------------------------------------------------------------------------------------
                                                 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

West Virginia:
    Charles Town, City of,             540066  April 24, 1975,    Dec. 18, 2009.........  Dec. 18, 2009.
     Jefferson.                                 Emerg; December
                                                4, 1979, Reg;
                                                December 18,
                                                2009, Susp.
    Harpers Ferry, Town of,            540067  September 25,      ......do..............   Do.
     Jefferson.                                 1975, Emerg;
                                                August 24, 1984,
                                                Reg; December
                                                18, 2009, Susp.
    Jefferson County,                  540065  December 15,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                October 15,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Ranson, City of, Jefferson.        540068  April 2, 1975,     ......do..............   Do.
                                                Emerg; June 15,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
    Shepherdstown, Town of,            540069  February 14,       ......do..............   Do.
     Jefferson.                                 1975, Emerg;
                                                March 18, 1980,
                                                Reg; December
                                                18, 2009, Susp.

            Region V

Ohio:
    Amesville, Village of,             390015  February 24,       ......do..............   Do.
     Athens.                                    1977, Emerg;
                                                September 29,
                                                1989, Reg;
                                                December 18,
                                                2009, Susp.
    Athens, City of, Athens....        390016  November 22,       ......do..............   Do.
                                                1974, Emerg;
                                                March 28, 1980,
                                                Reg; December
                                                18, 2009, Susp.
    Athens County,                     390760  N/A, Emerg;        ......do..............   Do.
     Unincorporated Areas.                      October 31,
                                                1991, Reg;
                                                December 18,
                                                2009, Susp.
    Buchtel, Village of, Athens        390728  October 9, 1992,   ......do..............   Do.
                                                Emerg; March 1,
                                                1995, Reg;
                                                December 18,
                                                2009, Susp.
    Coalton, Village of,               390291  December 21,       ......do..............   Do.
     Jackson.                                   1978, Emerg; May
                                                2, 1991, Reg;
                                                December 18,
                                                2009, Susp.
    Glouster, Village of,              390018  July 18, 1975,     ......do..............   Do.
     Athens.                                    Emerg; July 19,
                                                2001, Reg;
                                                December 18,
                                                2009, Susp.
    Jackson, City of, Jackson..        390292  July 22, 1975,     ......do..............   Do.
                                                Emerg; June 1,
                                                1984, Reg;
                                                December 18,
                                                2009, Susp.
    Jackson County,                    390290  March 19, 1976,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; August
                                                19, 1985, Reg;
                                                December 18,
                                                2009, Susp.
    Jacksonville, Village of,          390019  March 21, 1977,    ......do..............   Do.
     Athens.                                    Emerg; June 3,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Nelsonville, City of,              390020  July 7, 1975,      ......do..............   Do.
     Athens.                                    Emerg; January
                                                17, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    Trimble, Village of, Athens        390021  March 2, 1977,     ......do..............   Do.
                                                Emerg; November
                                                1, 1995, Reg;
                                                December 18,
                                                2009, Susp.
    Wellston, City of, Jackson.        390293  July 31, 1991,     ......do..............   Do.
                                                Emerg; February
                                                1, 1994, Reg;
                                                December 18,
                                                2009, Susp.
Wisconsin:
    Baraboo, City of, Sauk.....        550392  June 1, 1973,      ......do..............   Do.
                                                Emerg; August 1,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
    LaValle, Village of, Sauk..        550395  March 5, 1975,     ......do..............   Do.
                                                Emerg; September
                                                19, 1984, Reg;
                                                December 18,
                                                2009, Susp.
    Lake Delton, Village of,           550394  February 19,       ......do..............   Do.
     Sauk.                                      1975, Emerg;
                                                September 4,
                                                1985, Reg;
                                                December 18,
                                                2009, Susp.
    Lime Ridge, Village of,            550396  N/A, Emerg;        ......do..............   Do.
     Sauk.                                      September 1,
                                                1987, Reg;
                                                December 18,
                                                2009, Susp.
    Merrimac, Village of, Sauk.        550398  March 27, 1975,    ......do..............   Do.
                                                Emerg; March 7,
                                                2001, Reg;
                                                December 18,
                                                2009, Susp.
    North Freedom, Village of,         550399  April 22, 1975,    ......do..............   Do.
     Sauk.                                      Emerg; September
                                                19, 1984, Reg;
                                                December 18,
                                                2009, Susp.
    Plain, Village of, Sauk....        550400  December 23,       ......do..............   Do.
                                                1974, Emerg;
                                                September 30,
                                                1988, Reg;
                                                December 18,
                                                2009, Susp.
    Prairie du Sac, Village of,        550401  September 29,      ......do..............   Do.
     Sauk.                                      2000, Emerg;
                                                March 7, 2001,
                                                Reg; December
                                                18, 2009, Susp.
    Reedsburg, City of, Sauk...        550402  May 21, 1975,      ......do..............   Do.
                                                Emerg; March 4,
                                                1985, Reg;
                                                December 18,
                                                2009, Susp.
    Rock Springs, Village of,          550403  April 30, 1975,    ......do..............   Do.
     Sauk.                                      Emerg; September
                                                18, 1985, Reg;
                                                December 18,
                                                2009, Susp.
    Sauk City, Village of, Sauk        550404  May 7, 1975,       ......do..............   Do.
                                                Emerg; March 7,
                                                2001, Reg;
                                                December 18,
                                                2009, Susp.

[[Page 66582]]


    Sauk County, Unincorporated        550391  September 7,       ......do..............   Do.
     Areas.                                     1973, Emerg;
                                                September 17,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Spring Green, Village of,          550405  August 27, 1975,   ......do..............   Do.
     Sauk.                                      Emerg; February
                                                1, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    West Baraboo, Village of,          550407  July 24, 1975,     ......do..............   Do.
     Sauk.                                      Emerg; September
                                                19, 1984, Reg;
                                                December 18,
                                                2009, Susp.
    Wisconsin Dells, City of,          550065  July 17, 1975,     ......do..............   Do.
     Sauk.                                      Emerg; December
                                                18, 1984, Reg;
                                                December 18,
                                                2009, Susp.

           Region VI

Arkansas:
    Garland, City of, Miller...        050138  April 1, 1975,     ......do..............   Do.
                                                Emerg; June 1,
                                                1987, Reg;
                                                December 18,
                                                2009, Susp.
    Miller County,                     050451  March 31, 1983,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1988, Reg;
                                                December 18,
                                                2009, Susp.
Oklahoma:
    Arcadia, Town of, Oklahoma.        400551  N/A, Emerg;        ......do..............   Do.
                                                August 15, 2005,
                                                Reg; December
                                                18, 2009, Susp.
    Bethany, City of, Oklahoma.        400254  January 17, 1975,  ......do..............   Do.
                                                Emerg; July 31,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
    Choctaw, City of Oklahoma..        400357  February 25,       ......do..............   Do.
                                                1976, Emerg;
                                                April 15, 1981,
                                                Reg; December
                                                18, 2009, Susp.
    Del City, City of, Oklahoma        400233  November 23,       ......do..............   Do.
                                                1973, Emerg;
                                                March 18, 1980,
                                                Reg; December
                                                18, 2009, Susp.
    Edmond, City of, Oklahoma..        400252  June 18, 1974,     ......do..............   Do.
                                                Emerg; May 15,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Forest Park, City of,              400379  March 16, 1983,    ......do..............   Do.
     Oklahoma.                                  Emerg; July 3,
                                                1985, Reg;
                                                December 18,
                                                2009, Susp.
    Harrah, City of, Oklahoma..        400140  December 27,       ......do..............   Do.
                                                1977, Emerg;
                                                July 16, 1980,
                                                Reg; December
                                                18, 2009, Susp.
    Jones City, Town of,               400141  June 30, 1976,     ......do..............   Do.
     Oklahoma.                                  Emerg; January
                                                2, 1981, Reg;
                                                December 18,
                                                2009, Susp.
    Luther, Town of, Oklahoma..        400396  July 8, 1975,      ......do..............   Do.
                                                Emerg; February
                                                17, 1988, Reg;
                                                December 18,
                                                2009, Susp.
    Midwest City, City of,             400405  January 16, 1975,  ......do..............   Do.
     Oklahoma.                                  Emerg; May 19,
                                                1981, Reg;
                                                December 18,
                                                2009, Susp.
    Nichols Hills, City of,            400423  December 19,       ......do..............   Do.
     Oklahoma.                                  1974, Emerg;
                                                January 20,
                                                1982, Reg;
                                                December 18,
                                                2009, Susp.
    Nicoma Park, Town of,              400424  July 8, 1980,      ......do..............   Do.
     Oklahoma.                                  Emerg; July 16,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Oklahoma City, City of,            405378  March 19, 1971,    ......do..............   Do.
     Oklahoma.                                  Emerg; July 14,
                                                1972, Reg;
                                                December 18,
                                                2009, Susp.
    Spencer, City of, Oklahoma.        400412  June 12, 1975,     ......do..............   Do.
                                                Emerg; July 16,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    The Village, City of,              400420  March 11, 1975,    ......do..............   Do.
     Oklahoma.                                  Emerg; July 16,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Valley Brook, Town of,             400445  April 7, 1975,     ......do..............   Do.
     Oklahoma.                                  Emerg; September
                                                30, 1981, Reg;
                                                December 18,
                                                2009, Susp.
    Warr Acres, City of,               400449  January 27, 1975,  ......do..............   Do.
     Oklahoma.                                  Emerg; December
                                                16, 1980, Reg;
                                                December 18,
                                                2009, Susp.

          Region VIII

Colorado:
    Fairplay, Town of, Park....        080239  July 29, 1976,     ......do..............   Do.
                                                Emerg; August 5,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Park County, Unincorporated        080139  May 13, 1975,      ......do..............   Do.
     Areas.                                     Emerg; April 1,
                                                1987, Reg;
                                                December 18,
                                                2009, Susp.
North Dakota:
    Abercrombie, City of,              380151  March 11, 1997,    ......do..............   Do.
     Richland.                                  Emerg; April 25,
                                                1997, Reg;
                                                December 18,
                                                2009, Susp.
    Antelope, Township of,             380663  January 13, 1983,  ......do..............   Do.
     Richland.                                  Emerg; August 5,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Barrie, Township of,               380661  December 30,       ......do..............   Do.
     Richland.                                  1982, Emerg;
                                                September 18,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Belford, Township of,              380662  January 6, 1983,   ......do..............   Do.
     Richland.                                  Emerg; August
                                                19, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    Brandenburg, Township of,          380622  January 26, 1979,  ......do..............   Do.
     Richland.                                  Emerg; April 1,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Brightwood, Township of,           380664  February 23,       ......do..............   Do.
     Richland.                                  1983, Emerg;
                                                December 11,
                                                1985, Reg;
                                                December 18,
                                                2009, Susp.
    Center, Township of,               380648  November 14,       ......do..............   Do.
     Richland.                                  1980, Emerg;
                                                June 4, 1987,
                                                Reg; December
                                                18, 2009, Susp.

[[Page 66583]]


    Dwight, Township of,               380657  August 9, 1982,    ......do..............   Do.
     Richland.                                  Emerg; September
                                                29, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    Eagle, Township of,                380688  February 24,       ......do..............   Do.
     Richland.                                  1997, Emerg; May
                                                4, 1998, Reg;
                                                December 18,
                                                2009, Susp.
    Fairmount, Township of,            380168  August 8, 1979,    ......do..............   Do.
     Richland.                                  Emerg; April 1,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Greendale, Township of,            380660  September 27,      ......do..............   Do.
     Richland.                                  1982, Emerg;
                                                March 11, 1986,
                                                Reg; December
                                                18, 2009, Susp.
    Ibsen, Township of,                380672  May 16, 1983,      ......do..............   Do.
     Richland.                                  Emerg; March 12,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Lamars, Township of,               380658  August 9, 1982,    ......do..............   Do.
     Richland.                                  Emerg; March 11,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Mooreton, Township of,             380654  July 12, 1982,     ......do..............   Do.
     Richland.                                  Emerg; September
                                                18, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    Moran, Township of,                380666  March 10, 1983,    ......do..............   Do.
     Richland.                                  Emerg; September
                                                18, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    Nansen, Township of,               380656  July 15, 1982,     ......do..............   Do.
     Richland.                                  Emerg; March 11,
                                                1986, Reg;
                                                December 18,
                                                2009, Susp.
    Richland County,                   380098  February 26,       ......do..............   Do.
     Unincorporated Areas.                      1997, Emerg;
                                                June 1, 1998,
                                                Reg; December
                                                18, 2009, Susp.
    Wahpeton, City of, Richland        380100  May 19, 1975,      ......do..............   Do.
                                                Emerg; June 4,
                                                1987, Reg;
                                                December 18,
                                                2009, Susp.
    Walcott, Township of,              380340  April 26, 1978,    ......do..............   Do.
     Richland.                                  Emerg; September
                                                29, 1986, Reg;
                                                December 18,
                                                2009, Susp.
    Waldo, Township of,                380659  September 10,      ......do..............   Do.
     Richland.                                  1982, Emerg;
                                                December 11,
                                                1985, Reg;
                                                December 18,
                                                2009, Susp.
    Wyndmere, Township of,             380667  March 31, 1983,    ......do..............   Do.
     Richland.                                  Emerg; December
                                                11, 1985, Reg;
                                                December 18,
                                                2009, Susp.

            Region X

Oregon:
    Depoe Bay, City of, Lincoln        410283  January 11, 1979,  ......do..............   Do.
                                                Emerg; October
                                                15, 1980, Reg;
                                                December 18,
                                                2009, Susp.
    Fairview, City of,                 410180  March 31, 1975,    ......do..............   Do.
     Multnomah.                                 Emerg; September
                                                30, 1987, Reg;
                                                December 18,
                                                2009, Susp.
    Lincoln City, City of,             410130  December 22,       ......do..............   Do.
     Lincoln.                                   1972, Emerg;
                                                April 17, 1978,
                                                Reg; December
                                                18, 2009, Susp.
    Lincoln County,                    410129  February 16,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                September 3,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Multnomah County,                  410179  February 4, 1972,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1982, Reg;
                                                December 18,
                                                2009, Susp.
    Newport, City of, Lincoln..        410131  October 18, 1974,  ......do..............   Do.
                                                Emerg; April 15,
                                                1980, Reg;
                                                December 18,
                                                2009, Susp.
    Siletz, City of, Lincoln...        410132  May 30, 1975,      ......do..............   Do.
                                                Emerg; March 1,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
    Toledo, City of, Lincoln...        410133  April 19, 1973,    ......do..............   Do.
                                                Emerg; March 1,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
    Troutdale, City of,                410184  June 13, 1974,     ......do..............   Do.
     Multnomah.                                 Emerg; September
                                                30, 1988, Reg;
                                                December 18,
                                                2009, Susp.
    Waldport, City of, Lincoln.        410134  November 1, 1974,  ......do..............   Do.
                                                Emerg; March 15,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
    Yachats, City of, Lincoln..        410135  July 18, 1975,     ......do..............   Do.
                                                Emerg; March 1,
                                                1979, Reg;
                                                December 18,
                                                2009, Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: December 9, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-29935 Filed 12-15-09; 8:45 am]

BILLING CODE 9110-12-P
