12634 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 

White Hall, City of, Jefferson County .... 050375 August 11, 1975, Emerg; September 16, 

1988, Reg; Date of publication in the 

Federal Register, Susp. 

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

* do=Ditto. 

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

Dated: March 11, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6671 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–8061] 

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 documention 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. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12635 

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: 

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 IV 

Alabama: 

Monroe County, Unincorporated Areas 010325 December 21, 1978, Emerg; June 4, 1990, 

Reg; March 25, 2009, Susp. 

Feb. 04, 2009 ... Mar. 25, 2009. 

Monroeville, City of, Monroe County ..... 010173 July 2, 1975, Emerg; March 18, 1985, Reg; 

March 25, 2009, Susp. 

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

Florida: 

Chattahoochee, City of, Gadsden 

County.

120092 June 21, 1974, Emerg; September 4, 1987, 

Reg; March 25, 2009, Susp. 

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

Columbia County, Unincorporated 

Areas.

120070 December 16, 1975, Emerg; January 6, 

1988, Reg; March 25, 2009, Susp. 

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

Gadsden County, Unincorporated Areas 120091 July 10, 1975, Emerg; May 2, 1991, Reg; 

March 25, 2009, Susp. 

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

Havana, Town of, Gadsden County ...... 120411 June 12, 1979, Emerg; June 17, 1986, Reg; 

March 25, 2009, Susp. 

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

Lake Butler, City of, Union County ........ 120595 March 24, 1978, Emerg; July 3, 1986, Reg; 

March 25, 2009, Susp. 

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

Lake City, City of, Columbia County ..... 120406 October 2, 1975, Emerg; January 6, 1988, 

Reg; March 25, 2009, Susp. 

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

Quincy, City of, Gadsden County .......... 120093 July 11, 1975, Emerg; February 1, 1987, 

Reg; March 25, 2009, Susp. 

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

Union County, Unincorporated Areas ... 120422 August 22, 1979, Emerg; August 4, 1988, 

Reg; March 25, 2009, Susp. 

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

Worthington Springs, City of, Union 

County.

120594 May 29, 1980, Emerg; June 3, 1986, Reg; 

March 25, 2009, Susp. 

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

North Carolina: 

Aulander, City of, Bertie County ............ 370018 June 27, 2000, Emerg; — Reg; March 25, 

2009, Susp. 

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

Avery County, Unincorporated Areas .... 370010 February 12, 1976, Emerg; September 28, 

1990, Reg; March 25, 2009, Susp. 

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

Bakersville, Town of, Mitchell County ... 370162 October 16, 1979, Emerg; May 1, 1987, 

Reg; March 25, 2009, Susp. 

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

Bertie County, Unincorporated Areas ... 370290 December 4, 1985, Emerg; December 4, 

1985, Reg; March 25, 2009, Susp. 

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

Chowan County, Unincorporated Areas 370301 August 25, 1977, Emerg; July 3, 1985, Reg; 

March 25, 2009, Susp. 

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

Conway, Town of, Northampton County 370174 June 10, 1975, Emerg; August 1, 1987, 

Reg; March 25, 2009, Susp. 

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

Gaston, Town of, Northampton County 370413 January 9, 1980, Emerg; — Reg; March 25, 

2009, Susp. 

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

Jackson, Town of, Northampton County 370175 March 29, 1976, Emerg; July 2, 1987, Reg; 

March 25, 2009, Susp. 

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

Lasker, Town of, Northampton County 370580 February 10, 2006, Emerg; — Reg; March 

25, 2009, Susp. 

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

McDowell County, Unincorporated 

Areas.

370148 January 23, 1974, Emerg; July 15, 1988, 

Reg; March 25, 2009, Susp. 

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

Mitchell County, Unincorporated Areas 370161 July 18, 1979, Emerg; September 4, 1986, 

Reg; March 25, 2009, Susp. 

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

Northampton County, Unincorporated 

Areas.

370173 July 24, 1975, Emerg; November 4, 1988, 

Reg; March 25, 2009, Susp. 

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

Roxobel, Town of, Bertie County .......... 370605 November 26, 2002, Emerg; — Reg; March 

25, 2009, Susp. 

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

Severn, Town of, Northampton County 370422 February 13, 1984, Emerg; February 1, 

1987, Reg; March 25, 2009, Susp. 

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

Spruce Pine, Town of, Mitchell County 370163 July 7, 1975, Emerg; September 2, 1988, 

Reg; March 25, 2009, Susp. 

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

Windsor, Town of, Bertie County .......... 370019 March 14, 1974, Emerg; July 18, 1977, 

Reg; March 25, 2009, Susp. 

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


sroberts on PROD1PC70 with RULES
12636 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 

Woodland, Town of, Northampton 

County.

370177 March 27, 1979, Emerg; March 1, 1987, 

Reg; March 25, 2009, Susp. 

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

South Carolina: James Island, Town of, 

Charleston County 

450263 June 30, 1970, Emerg; April 23, 1971, Reg; 

March 25, 2009, Susp. 

......do.

Tennessee: 

Jasper, Town of, Marion County ........... 475429 July 30, 1971, Emerg; February 26, 1972, 

Reg; March 25, 2009, Susp. 

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

Kimball, Town of, Marion County .......... 470116 July 1, 1975, Emerg; May 19, 1987, Reg; 

March 25, 2009, Susp. 

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

Marion County, Unincorporated Areas .. 470114 October 23, 1973, Emerg; May 15, 1980, 

Reg; March 25, 2009, Susp. 

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

New Hope, City of, Marion County ....... 470377 October 5, 1981, Emerg; September 27, 

1985, Reg; March 25, 2009, Susp. 

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

South Pittsburg, City of, Marion County 475447 July 9, 1971, Emerg; April 14, 1972, Reg; 

March 25, 2009, Susp. 

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

Region V 

Illinois: 

Joliet, City of, Kendall County ............... 170702 April 13, 1973, Emerg; February 4, 1981, 

Reg; March 25, 2009, Susp. 

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

Kendall County, Unincorporated Areas 170341 July 5, 1973, Emerg; July 19, 1982, Reg; 

March 25, 2009, Susp. 

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

Lisbon, Village of, Kendall County ........ 170342 June 11, 1982, Emerg; June 11, 1982, Reg; 

March 25, 2009, Susp. 

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

Millbrook, Village of, Kendall County .... 171193 — Emerg; — Reg; March 25, 2009, Susp. ......do ............... Do. 

Millington, Village of, Kendall County .... 170343 May 28, 1975, Emerg; June 1, 1982, Reg; 

March 25, 2009, Susp. 

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

Minooka, Village of, Kendall County ..... 171019 — Emerg; March 12, 1992, Reg; March 25, 

2009, Susp. 

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

Newark, Village of, Kendall County ....... 170344 April 28, 1975, Emerg; June 1, 1982, Reg; 

March 25, 2009, Susp. 

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

Oswego, Village of, Kendall County ...... 170345 April 16, 1975, Emerg; June 1, 1982, Reg; 

March 25, 2009, Susp. 

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

Plainfield, Village of, Kendall County .... 170771 May 21, 1975, Emerg; November 17, 1982, 

Reg; March 25, 2009, Susp. 

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

Plano, City of, Kendall County .............. 170346 March 7, 1975, Emerg; September 30, 

1976, Reg; March 25, 2009, Susp. 

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

Wisconsin: 

Appleton, City of, Calumet County ........ 555542 April 23, 1971, Emerg; April 6, 1973, Reg; 

March 25, 2009, Susp. 

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

Brillion, City of, Calumet County ........... 550036 April 22, 1975, Emerg; June 15, 1981, Reg; 

March 25, 2009, Susp. 

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

Calumet County, Unincorporated Areas 550035 November 26, 1976, Emerg; May 3, 1982, 

Reg; March 25, 2009, Susp. 

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

Chilton, City of, Calumet County ........... 550037 June 11, 1975, Emerg; March 16, 1981, 

Reg; March 25, 2009, Susp. 

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

Kiel, City of, Calumet County ................ 550239 July 10, 1975, Emerg; January 3, 1985, 

Reg; March 25, 2009, Susp. 

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

Menasha, City of, Calumet County ....... 550510 April 25, 1973, Emerg; April 3, 1978, Reg; 

March 25, 2009, Susp. 

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

New Holstein, City of, Calumet County 550039 October 16, 1974, Emerg; July 2, 1981, 

Reg; March 25, 2009, Susp. 

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

Potter, Village of, Calumet County ........ 550609 — Emerg; July 30, 1996, Reg; March 25, 

2009, Susp. 

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

Stockbridge, Village of, Calumet County 550040 August 25, 1975, Emerg; May 3, 1982, 

Reg; March 25, 2009, Susp. 

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

Region VII 

Nebraska: 

McCook, City of, Red Willow County .... 310181 February 6, 1978, Emerg; May 2, 1983, 

Reg; March 25, 2009, Susp. 

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

Red Willow County, Unincorporated 

Areas.

310469 June 18, 1984, Emerg; May 1, 1988, Reg; 

March 25, 2009, Susp. 

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

* do = Ditto. 

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


sroberts on PROD1PC70 with RULES
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