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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-8085]
 AGENCY: Federal Emergency Management Agency, DHS.
 ACTION: Final rule.
 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 
                    ( print page 38359)
                    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
 Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED]
 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. § 64.6
 2.The tables published under the authority of § 64.6 are amended as follows: State and location
Community No.
Effective date authorization/cancellation of sale of flood insurance in community
Current effective map date
Date certain Federal assistance no longer available in SFHAs**Region II**New York:Blooming Grove, Town of, Orange County
360608
May 8, 1975, Emerg; November 15, 1985, Reg; August 3, 2009, Susp
Aug. 3, 2009
Aug. 3, 2009.Chester, Town of, Orange County
360870
March 31, 1975, Emerg; September 18, 1986, Reg; August 3, 2009, Susp
......*do
Do.Chester, Village of, Orange County
361541
July 23, 1975, Emerg; September 18, 1986, Reg; August 3, 2009, Susp
......do
Do.Cornwall, Town of, Orange County
360611
April 15, 1975, Emerg; September 30, 1982, Reg; August 3, 2009, Susp
......do
Do.Cornwall on Hudson, Village of, Orange County
360610
July 18, 1974, Emerg; August 2, 1982, Reg; August 3, 2009, Susp
......do
Do.Crawford, Town of, Orange County
361250
October 1, 1975, Emerg; September 30, 1982, Reg; August 3, 2009, Susp
......do
Do.Florida, Village of, Orange County
360613
July 28, 1975, Emerg; December 4, 1986, Reg; August 3, 2009, Susp
......do
Do.Goshen, Town of, Orange County
360614
April 4, 1975, Emerg; April 30, 1986, Reg; August 3, 2009, Susp
......do
Do.Goshen, Village of, Orange County
361571
July 7, 1975, Emerg; April 30, 1986, Reg; August 3, 2009, Susp
......do
Do.Greenwood Lake, Village of, Orange County
360616
January 23, 1974, Emerg; June 15, 1979, Reg; August 3, 2009, Susp
......do
Do.Highland Falls, Village of, Orange County
361453
July 2, 1974, Emerg; June 25, 1976, Reg; August 3, 2009, Susp
......do
Do.Highlands, Township of, Orange County
361251
June 9, 1975, Emerg; November 30, 1979, Reg; August 3, 2009, Susp
......do
Do.Kiryas Joel, Village of, Orange County
361610
August 31, 1994, Emerg; June 14, 2002, Reg; August 3, 2009, Susp
......do
Do.Middletown, City of, Orange County
360619
May 14, 1975, Emerg; March 2, 1983, Reg; August 3, 2009, Susp
......do
Do.Monroe, Village of, Orange County
360622
March 10, 1975, Emerg; January 6, 1982, Reg; August 3, 2009, Susp
......do
Do.Montgomery, Town of, Orange County
360623
July 22, 1975, Emerg; October 16, 1984, Reg; August 3, 2009, Susp
......do
Do.Montgomery, Village of, Orange County
360624
May 16, 1974, Emerg; October 16, 1984, Reg; August 3, 2009, Susp
......do
Do.( print page 38360)New Windsor, Town of, Orange County
360628
March 1, 1974, Emerg; December 15, 1978, Reg; August 3, 2009, Susp
......do
Do.Newburgh, City of, Orange County
360626
June 9, 1975, Emerg; June 5, 1985, Reg; August 3, 2009, Susp
......do
Do.Newburgh, Town of, Orange County
360627
July 22, 1975, Emerg; June 5, 1985, Reg; August 3, 2009, Susp
......do
Do.Tuxedo, Town of, Orange County
360631
June 2, 1975, Emerg; April 15, 1985, Reg; August 3, 2009, Susp
......do
Do.Unionville, Village of, Orange County
360633
July 2, 1975, Emerg; July 6, 1984, Reg; August 3, 2009, Susp
......do
Do.Wallkill, Town of, Orange County
360634
March 28, 1975, Emerg; September 4, 1986, Reg; August 3, 2009, Susp
......do
Do.Warwick, Town of, Orange County
360636
August 5, 1974, Emerg; October 15, 1985, Reg; August 3, 2009, Susp
......do
Do.Washingtonville, Village of, Orange County
360638
August 11, 1972, Emerg; April 1, 1981, Reg; August 3, 2009, Susp
......do
Do.Woodbury, Village of, Orange County
360640
March 13, 1975, Emerg; March 18, 1987, Reg; August 3, 2009, Susp
......do
Do.**Region IV**Alabama:Blount County, Unincorporated Areas
010230
July 22, 1987, Emerg; June 17, 1991, Reg; August 3, 2009, Susp
......do
Do.Blountsville, Town of, Blount County
010371
December 3, 2008, Emerg; NA, Reg; August 3, 2009, Susp
......do
Do.Oneonta, City of, Blount County
010015
July 15, 1975, Emerg; August 19, 1986, Reg; August 3, 2009, Susp
......do
Do.Snead, Town of, Blount County
010227
May 8, 2008, Emerg; NA, Reg; August 3, 2009, Susp
......do
Do.Kentucky:Livingston, City of, Rockcastle County
210202
August 20, 1975, Emerg; June 17, 1986, Reg; August 3, 2009, Susp
......do
Do.McKee, City of, Jackson County
210119
March 31, 1975, Emerg; July 17, 1986, Reg; August 3, 2009, Susp
......do
Do.Mount Vernon, City of, Rockcastle County
210374
September 4, 1996, Emerg; NA, Reg; August 3, 2009, Susp
......do
Do.Spencer County, Unincorporated Areas
210211
August 8, 1975, Emerg; June 3, 1986, Reg; August 3, 2009, Susp
......do
Do.Taylorsville, City of, Spencer County
210247
September 26, 1975, Emerg; June 4, 1987, Reg; August 3, 2009, Susp
......do
Do.North Carolina:Ahoskie, Town of, Hertford County
370131
May 13, 1974, Emerg; May 1, 1987, Reg; August 3, 2009, Susp
......do
Do.Cofield, Town of, Hertford County
370409
August 7, 2001, Emerg; NA, Reg; August 3, 2009, Susp
......do
Do.Hertford County, Unincorporated Areas
370130
October 6, 1995, Emerg; November 1, 1999, Reg; August 3, 2009, Susp
......do
Do.Murfreesboro, Town of, Hertford County
370419
March 12, 1980, Emerg; June 1, 1987, Reg; August 3, 2009, Susp
......do
Do.Winton, Town of, Hertford County
370424
August 3, 1979, Emerg; July 1, 1987, Reg; August 3, 2009, Susp
......do
Do.Tennessee:Clifton, City of, Wayne County
470200
May 2, 1980, Emerg; March 4, 1988, Reg; August 3, 2009, Susp
......do
Do.Jackson, City of, Madison County
470113
April 18, 1974, Emerg; July 5, 1983, Reg; August 3, 2009, Susp
......do
Do.Madison County, Unincorporated Areas
470112
April 23, 1974, Emerg; July 5, 1983, Reg; August 3, 2009, Susp
......do
Do.Medon, Town of, Madison County
470403
NA, Emerg; November 1, 2007, Reg; August 3, 2009, Susp
......do
Do.Wayne County, Unincorporated Areas
470199
August 15, 2003, Emerg; June 1, 2005, Reg; August 3, 2009, Susp
......do
Do.Waynesboro, City of, Wayne County
470201
February 13, 1976, Emerg; January 16, 1987, Reg; August 3, 2009, Susp
......do
Do.**Region V**Illinois:  Barrington Hills, Village of, Cook, Kane, Lake, McHenry County
170058
April 3, 1975, Emerg; August 10, 1979, Reg; August 3, 2009, Susp
......do
Do.Indiana:Allen County, Unincorporated Areas
180302
February 14, 1974, Emerg; September 28, 1990, Reg; August 3, 2009, Susp
......do
Do.( print page 38361)Fort Wayne, City of, Allen County
180003
May 24, 1974, Emerg; April 3, 1985, Reg; August 3, 2009, Susp
......do
Do.Grabill, Town of, Allen County
180499
NA, Emerg; October 17, 1990, Reg; August 3, 2009, Susp
......do
Do.Huntertown, Town of, Allen County
180005
July 29, 1975, Emerg; November 2, 1983, Reg; August 3, 2009, Susp
......do
Do.Leo-Cedarville, Town of, Allen County
180518
NA, Emerg; February 9, 2000, Reg; August 3, 2009, Susp
......do
Do.Monroeville, Town of, Allen County
180498
NA, Emerg; October 17, 1990, Reg; August 3, 2009, Susp
......do
Do.Newhaven, City of, Allen County
180004
January 30, 1975, Emerg; July 18, 1983, Reg; August 3, 2009, Susp
......do
Do.Woodburn, City of, Allen County
180500
NA, Emerg; October 17, 1990, Reg; August 3, 2009, Susp
......do
Do.**Region VI**Oklahoma:Bixby, City of, Tulsa County
400207
March 6, 1974, Emerg; September 28, 1979, Reg; August 3, 2009, Susp
......do
Do.Broken Arrow, City of, Tulsa County
400236
November 27, 1974, Emerg; August 17, 1981, Reg; August 3, 2009, Susp
......do
Do.Collinsville, City of, Tulsa County
400360
November 21, 1975, Emerg; July 2, 1981, Reg; August 3, 2009, Susp
......do
Do.Glenpool, City of, Tulsa County
400208
February 6, 1975, Emerg; March 2, 1981, Reg; August 3, 2009, Susp
......do
Do.Jenks, City of, Tulsa County
400209
November 1, 1974, Emerg; February 17, 1982, Reg; August 3, 2009, Susp
......do
Do.Owasso, City of, Tulsa County
400210
April 26, 1974, Emerg; July 2, 1981, Reg; August 3, 2009, Susp
......do
Do.Sand Springs, City of, Tulsa County
400211
August 5, 1974, Emerg; June 15, 1981, Reg; August 3, 2009, Susp
......do
Do.Skiatook, Town of, Tulsa County
400212
July 2, 1974, Emerg; July 16, 1980, Reg; August 3, 2009, Susp
......do
Do.Sperry, Town of, Tulsa County
400213
June 17, 1975, Emerg; July 16, 1981, Reg; August 3, 2009, Susp
......do
Do.Tulsa, City of, Tulsa County
405381
November 20, 1970, Emerg; August 13, 1971, Reg; August 3, 2009, Susp
......do
Do.Tulsa County, Unincorporated Areas
400462
April 21, 1975, Emerg; September 16, 1982, Reg; August 3, 2009, Susp
......do
Do.**Region VII**Iowa:Delhi, City of, Delaware County
190566
December 17, 1999, Emerg; NA, Reg; August 3, 2009, Susp
......do
Do.Dundee, City of, Delaware County
190363
November 30, 1977, Emerg; August 1, 1986, Reg; August 3, 2009, Susp
......do
Do.Hopkinton, City of, Delaware County
190364
February 12, 1982, Emerg; July 2, 1987, Reg; August 3, 2009, Susp
......do
Do.Manchester, City of, Delaware County
190112
April 25, 1975, Emerg; October 15, 1982, Reg; August 3, 2009, Susp
......do
Do.Masonville, City of, Delaware County
190365
October 28, 1993, Emerg; July 1, 1997, Reg; August 3, 2009, Susp
......do
Do.Ryan, City of, Delaware County
190801
April 26, 2005, Emerg; NA, Reg; August 3, 2009, Susp
......do
Do.Kansas:DeSoto, City of, Johnson County
200161
May 16, 1975, Emerg; August 1, 1979, Reg; August 3, 2009, Susp
......do
Do.Edgerton, City of, Johnson County
200162
January 12, 1976, Emerg; August 1, 1979, Reg; August 3, 2009, Susp
......do
Do.Gardner, City of, Johnson County
200164
June 25, 1975, Emerg; April 15, 1977, Reg; August 3, 2009, Susp
......do
Do.Johnson County, Unincorporated Areas
200159
September 17, 1979, Emerg; August 15, 1980, Reg; August 3, 2009, Susp
......do
Do.Leawood, City of, Johnson County
200167
September 1, 1972, Emerg; September 30, 1977, Reg; August 3, 2009, Susp
......do
Do.Lenexa, City of, Johnson County
200168
June 12, 1975, Emerg; August 1, 1977, Reg; August 3, 2009, Susp
......do
Do.Merriam, City of, Johnson County
200169
April 14, 1975, Emerg; May 15, 1978, Reg; August 3, 2009, Susp
......do
Do.Olathe, City of, Johnson County
200173
January 19, 1973, Emerg; November 15, 1978, Reg; August 3, 2009, Susp
......do
Do.( print page 38362)Overland Park, City of, Johnson County
200174
September 8, 1972, Emerg; September 30, 1977, Reg; August 3, 2009, Susp
......do
Do.Roeland Park, City of, Johnson County
200176
November 7, 1975, Emerg; June 30, 1976, Reg; August 3, 2009, Susp
......do
Do.Shawnee, City of, Johnson County
200177
February 24, 1975, Emerg; November 15, 1978, Reg; August 3, 2009, Susp
......do
Do.**Region IX**California:Alameda, City of, Alameda County
060002
June 26, 1975, Emerg; August 1, 1978, Reg; August 3, 2009, Susp
......do
Do.Berkeley, City of, Alameda County
060004
October 22, 1971, Emerg; September 1, 1978, Reg; August 3, 2009, Susp
......do
Do.Newark, City of, Alameda County
060009
April 22, 1974, Emerg; December 1, 1978, Reg; August 3, 2009, Susp
......do
Do.Oakland, City of, Alameda County
065048
December 4, 1970, Emerg; September 30, 1982, Reg; August 3, 2009, Susp
......do
Do.*-do- =Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Deborah Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-18406 Filed 7-31-09; 8:45 am] BILLING CODE 9110-12-P