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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]
 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 
                        ( print 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
 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 III**Virginia:Frederick County, Unincorporated Areas
510063
November 5, 1973, Emerg; July 17, 1978, Reg; September 2, 2009, Susp.
Sept. 2, 2009
Sept. 2, 2009Middletown, Town of, Frederick County
510274
February 24, 1975, Emerg; August 3, 1984, Reg; September 2, 2009, Susp.
......do*
Do.Norfolk, City of, Independent City County
510104
August 15, 1973, Emerg; August 1, 1979, Reg; September 2, 2009, Susp.
......do
Do.( print page 45124)Stephens City, Town of, Frederick County
510064
June 17, 1975, Emerg; September 10, 1984, Reg; September 2, 2009, Susp.
......do
Do.Winchester, City of, Independent City County
510173
September 6, 1974, Emerg; November 15, 1978, Reg; September 2, 2009, Susp.
......do
Do.West Virginia:Bayard, Town of, Grant County
540240
October 3, 1975, Emerg; August 10, 1979, Reg; September 2, 2009, Susp.
......do
Do.Hardy County, Unincorporated Areas
540051
May 16, 1978, Emerg; June 19, 1985, Reg; September 2, 2009, Susp.
......do
Do.Moorefield, Town of, Hardy County
540052
May 12, 1975, Emerg; July 1, 1987, Reg; September 2, 2009, Susp.
......do
Do.Petersburg, Town of, Grant County
540039
April 18, 1975, Emerg; June 18, 1987, Reg; September 2, 2009, Susp.
......do
Do.Wardensville, Town of, Hardy County
540245
April 17, 1975, Emerg; August 1, 1987, Reg; September 2, 2009, Susp.
......do
Do.**Region IV**Georgia:Arlington, City of, Calhoun, Early County
130026
November 3, 1975, Emerg; June 3, 1986, Reg; September 2, 2009, Susp.
......do
Do.Brooks County, Unincorporated Areas
130281
May 3, 1982, Emerg; May 3, 1982, Reg; September 2, 2009, Susp.
......do
Do.Calhoun County, Unincorporated Areas
130571
August 10, 1999, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Dawson, City of, Terrell County
130509
September 27, 1994, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Early County, Unincorporated Areas
130499
February 28, 1991, Emerg; August 2, 1995, Reg; September 2, 2009, Susp.
......do
Do.Edison, City of, Calhoun County
130085
September 14, 2007, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Lee County, Unincorporated Areas
130122
May 1, 1975, Emerg; May 15, 1991, Reg; September 2, 2009, Susp.
......do
Do.Leesburg, City of, Lee County
130348
March 3, 1976, Emerg; June 17, 1986, Reg; September 2, 2009, Susp.
......do
Do.North High Shoals, Town of, Oconee County
130368
October 28, 1983, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.
......do
Do.Oconee County, Unincorporated Areas
130453
October 16, 1975, Emerg; July 17, 1989, Reg; September 2, 2009, Susp.
......do
Do.Quitman, City of, Brooks County
130015
December 26, 1973, Emerg; April 1, 1982, Reg; September 2, 2009, Susp.
......do
Do.Reynolds, Town of, Taylor County
130527
NA, Emerg; June 19, 2003, Reg; September 2, 2009, Susp.
......do
Do.Smithville, City of, Lee County
130349
January 18, 1983, Emerg; June 4, 1987, Reg; September 2, 2009, Susp.
......do
Do.Taylor County, Unincorporated Areas
130522
NA, Emerg; February 13, 1997, Reg; September 2, 2009, Susp.
......do
Do.Terrell County, Unincorporated Areas
130400
February 13, 1997, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Watkinsville, City of, Oconee County
130369
March 18, 1976, Emerg; August 19, 1986, Reg; September 2, 2009, Susp.
......do
Do.Kentucky:McCreary County, Unincorporated Areas
210343
November 19, 1996, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Monticello, City of, Wayne County
210221
July 2, 1975, Emerg; September 18, 1985, Reg; September 2, 2009, Susp.
......do
Do.Morganfield, City of, Union County
210216
July 23, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.
......do
Do.Shelby County, Unincorporated Areas
210209
August 23, 1996, Emerg; September 1, 2001, Reg; September 2, 2009, Susp.
......do
Do.Shelbyville, City of, Shelby County
210376
June 9, 1997, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Sturgis, City of, Union County
210217
April 8, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp.
......do
Do.Union County, Unincorporated Areas
210301
December 21, 2005, Emerg; NA, Reg; September 2, 2009, Susp.
......do
Do.Uniontown, Town of, Union County
210218
May 23, 1997, Emerg; April 1, 1998, Reg; September 2, 2009, Susp.
......do
Do.North Carolina:Alleghany County, Unincorporated Areas
370004
December 23, 2002, Emerg; February 1, 2004, Reg; September 2, 2009, Susp.
......do
Do.( print page 45125)Sparta, Town of, Alleghany County
370005
April 27, 1977, Emerg; July 3, 1986, Reg; September 2, 2009, Susp.
......do
Do.**Region VI**Texas:Bulverde, City of, Comal County
481681
NA, Emerg; March 24, 1998, Reg; September 2, 2009, Susp.
......do
Do.Comal County, Unincorporated Areas
485463
March 5, 1971, Emerg; November 9, 1973, Reg; September 2, 2009, Susp.
......do
Do.New Braunfels, City of, Comal County
485493
December 4, 1970, Emerg; December 1, 1972, Reg; September 2, 2009, Susp.
......do
Do.**Region VII**Kansas:Great Bend, City of, Barton County
200019
February 24, 1977, Emerg; May 16, 1983, Reg; September 2, 2009, Susp.
......do
Do.Hoisington, City of, Barton County
200020
February 21, 1975, Emerg; February 5, 1986, Reg; September 2, 2009, Susp.
......do
Do.Pawnee Rock, City of, Barton County
200021
May 10, 1976, Emerg; January 14, 1977, Reg; September 2, 2009, Susp.
......do
Do.**Region VIII**North Dakota:Bottineau, City of, Bottineau County
380007
July 1, 1974, Emerg; September 28, 1979, Reg; September 2, 2009, Susp.
......do
Do.Haram, Township of, Bottineau County
380673
May 16, 1983, Emerg; January 2, 1987, Reg; September 2, 2009, Susp.
......do
Do.Lansford, City of, Bottineau County
380184
February 5, 1979, Emerg; August 12, 1980, Reg; September 2, 2009, Susp.
......do
Do.Lansford, Township of, Bottineau County
380675
June 1, 1983, Emerg; August 19, 1987, Reg; September 2, 2009, Susp.
......do
Do.Newborg, Township of, Bottineau County
380668
April 5, 1983, Emerg; January 16, 1987, Reg; September 2, 2009, Susp.
......do
Do.Souris, City of, Bottineau County
380010
August 12, 1977, Emerg; March 18, 1986, Reg; September 2, 2009, Susp.
......do
Do.Willow City, City of, Bottineau County
380011
May 27, 1976, Emerg; September 28, 1979, Reg; September 2, 2009, Susp.
......do
Do.South Dakota:Baltic, Town of, Minnehaha County
460058
January 17, 1980, Emerg; November 19, 1980, Reg; September 2, 2009, Susp.
......do
Do.Brandon, City of, Minnehaha County
460296
February 9, 1977, Emerg; July 10, 1979, Reg; September 2, 2009, Susp.
......do
Do.Dell Rapids, City of, Minnehaha County
460059
December 17, 1974, Emerg; August 15, 1980, Reg; September 2, 2009, Susp.
......do
Do.Hanson County, Unincorporated Areas
460270
February 26, 1997, Emerg; July 1, 1998, Reg; September 2, 2009, Susp.
......do
Do.Hutchinson County, Unincorporated Areas
460041
June 27, 1986, Emerg; April 1, 1987, Reg; September 2, 2009, Susp.
......do
Do.Lake County, Unincorporated Areas
460276
March 20, 1979, Emerg; August 5, 1986, Reg; September 2, 2009, Susp.
......do
Do.Madison, City of, Lake County
460044
May 15, 1975, Emerg; July 5, 1982, Reg; September 2, 2009, Susp.
......do
Do.Menno, City of, Hutchinson County
460199
July 28, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp.
......do
Do.Minnehaha County, Unincorporated Areas
460057
November 11, 1974, Emerg; September 5, 1979, Reg; September 2, 2009, Susp.
......do
Do.Parkston, City of, Hutchinson County
460042
June 27, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp.
......do
Do.Sioux Falls, City of, Minnehaha County
460060
April 12, 1974, Emerg; January 17, 1979, Reg; September 2, 2009, Susp.
......do
Do.Valley Springs, City of, Minnehaha County
460221
April 3, 1978, Emerg; July 16, 1980, Reg; September 2, 2009, Susp.
......do
Do.*......do = Ditto.
 
 
 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