Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12637 

Dated: January 15, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6587 Filed 3–24–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8065] 

Suspension of Community Eligibility 

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 from the NFIP 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, FEMA is suspending 

these communities from the NFIP on the 

effective date identified in the third 

column of the chart below. 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. 

FEMA will publish in the Federal 

Register a notice withdrawing the 

suspension of those communities that 

submit the required documentation 

before the applicable suspension date(s). 

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 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


sroberts on PROD1PC70 with RULES
12638 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

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 I 

Rhode Island: 

Burrville, Town of, Providence County .. 440013 June 11, 1975, Emerg; July 2, 1979, Reg; 

Date of publication in Federal Register, 

Susp. 

Mar. 2, 2009 ..... Date of publication in Federal Register 

Cranston, City of, Providence County ... 445396 September 11, 1970, Emerg; August 27, 

1971, Reg; Date of publication in Federal 

Register, Susp. 

......*do .............. Do. 

Central Falls, City of, Providence County.445394 November 6, 1970, Emerg; May 28, 1971, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Cumberland, Town of, Providence 

County.

440016 July 15, 1975, Emerg; December 16, 1980, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

East Providence, City of, Providence 

County.

445398 June 5, 1970, Emerg; May 18, 1973, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Foster, Town of, Providence County ..... 440033 May 14, 1975, Emerg; December 4, 1985, 

Reg; Date of publication in Federal Register, Susp. 

......*do .............. Do. 

Glocester, Town of, Providence County 440034 December 29, 1975, Emerg; August 15, 

1979, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Johnston, Town of, Providence County 440018 August 1, 1975, Emerg; September 1, 

1978, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Lincoln, Town of, Providence County ... 445400 May 5, 1972, Emerg; November 30, 1973, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

North Providence, Town of, Providence 

County.

440020 October 6, 1972, Emerg; December 15, 

1977, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

North Smithfield, Town of, Providence 

County.

440021 May 6, 1975, Emerg; August 1, 1978, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Pawtucket, City of, Providence County 440022 January 15, 1971, Emerg; July 16, 1971, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Providence, City of, Providence County 445406 September 11, 1970, Emerg; December 11, 

1970, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Scituate, Town of, Providence County .. 440024 January 13, 1975, Emerg; January 2, 1981, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Smithfield, Town of, Providence County 440025 December 17, 1971, Emerg; March 1, 

1977, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Region III 

Virginia: 

Caroline County, Unincorporated Areas 510249 June 3, 1974, Emerg; August 15, 1989, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Region IV 

North Carolina: 

Belmont, City of, Gaston County ........... 370320 March 26, 1976, Emerg; November 1, 

1979, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Charlotte, City of, Mecklenburg County 370159 April 12, 1973, Emerg; August 15, 1978, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Cornelius, Town of, Mecklenburg County.370498 —, Emerg; September 30, 1997, Reg; Date 

of publication in Federal Register, Susp. 

......do ............... Do. 

Davidson, Town of, Mecklenburg County.370503 —, Emerg; October 16, 1997, Reg; Date of 

publication in Federal Register, Susp. 

......do ............... Do. 

Gaston County, Unincorporated Areas 370099 April 16, 1976, Emerg; May 1, 1980, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 


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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12639 

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 

Huntersville, Town of, Mecklenburg 

County.

370478 January 11, 1995, Emerg; February 4, 

2004, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Mathews, Town of, Mecklenburg County.370310 January 11, 1995, Emerg; February 4, 

2004, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Mecklenburg County, Unincorporated 

Areas.

370158 May 17, 1973, Emerg; June 1, 1981, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Mint Hill, Town of, Mecklenburg County 370539 —, Emerg; December 21, 2007, Reg; Date 

of publication in Federal Register, Susp. 

......do ............... Do. 

North Wilkesboro, Town of, Wilkes 

County.

370257 December 28, 1973, Emerg; February 15, 

1978, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Pineville, Town of, Mecklenburg County 370160 May 6, 1975, Emerg; March 18, 1987, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Stallings, Town of, Union County .......... 370472 —, Emerg; April 5, 1994, Reg; Date of publication in Federal Register, Susp. ......do ............... Do. 

Union County, Unincorporated Areas ... 370234 August 9, 1983, Emerg; July 18, 1983, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Wilkes County, Unincorporated Areas .. 370256 May 28, 1976, Emerg; March 31, 2003, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Wilkesboro, Town of, Wilkes County .... 370259 April 15, 1974, Emerg; June 1, 1987, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Region V 

Wisconsin: 

Door County, Unincorporated Areas ..... 550109 April 30, 1973, Emerg; April 3, 1978, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Ephraim, Village of, Door County .......... 550611 December 26, 1986, Emerg; January 15, 

1998, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Sturgeon Bay, City of, Door County ...... 550111 May 13, 1975, Emerg; August 5, 1991, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Region VI 

Arkansas: 

Arkansas County, Unincorporated 

Areas.

050418 April 5, 1989, Emerg; December 1, 1989, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Dewitt, City of, Arkansas County .......... 050001 June 18, 1975, Emerg; July 1, 1987, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Gillett, City of, Arkansas County ........... 050325 May 23, 1975, Emerg; January 17, 1986, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Humphrey, City of, Arkansas County .... 050108 July 31, 1975, Emerg; November 1, 1985, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

St. Charles, Town of, Arkansas County. 050285 August 26, 1975, Emerg; October 12, 1982, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Stuttgart, City of, Arkansas County ....... 050002 April 11, 1975, Emerg; June 1, 1988, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 

Region VII 

Iowa: 

Bevington, City, Warren County ............ 190273 November 30, 1976, Emerg; May 1, 1987, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Cumming, City of, Warren County ........ 190946 —, Emerg; January 24, 2000, Reg; Date of 

publication in Federal Register, Susp. 

......do ............... Do. 

Indianola, City of, Warren County ......... 190275 June 1, 1977, Emerg; July 31, 1979, Reg; 

Date of publication in Federal Register, 

Susp. 

......do ............... Do. 


sroberts on PROD1PC70 with RULES
12640 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

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 

Lacona, City of, Warren County ............ 190752 December 6, 1976, Emerg; July 1, 1987, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Martensdale, City of, Warren County. ... 190524 April 28, 1994, Emerg; September 1, 1996, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Norwalk, City of, Warren County ........... 190631 March 3, 1993, Emerg; November 20, 

1998, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

Warren County, Unincorporated Areas 190912 November 19, 1990, Emerg; July 1, 1991, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Nebraska: 

Beaver City, City, Furnas County .......... 310348 January 19, 1978, Emerg; August 1, 1986, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Cambridge, City of, Furnas County ....... 310087 May 24, 1973, Emerg; March 28, 1980, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Wilsonville, Village of, Furnas County ... 310335 May 23, 1994, Emerg; November 7, 2001, 

Reg; Date of publication in Federal Register, Susp. 

......do ............... Do. 

Region VIII 

Wyoming: 

Washakie County, Unincorporated 

Areas.

560089 October 30, 2000, Emerg;—, Reg; Date of 

publication in Federal Register, Susp. 

......do ............... Do. 

Worland, City of, Washakie County ...... 560056 April 30, 1975, Emerg; September 15, 

1978, Reg; Date of publication in Federal 

Register, Susp. 

......do ............... Do. 

* do = Ditto. 

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

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6667 Filed 3–24–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1030] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Mitigation Assistant Administrator of 

FEMA reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 


sroberts on PROD1PC70 with RULES