12628 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

In this authorization of the State of 

New Mexico’s program revisions for the 

Used Oil provisions, there are no 

provisions that are more stringent or 

broader in scope. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

New Mexico will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits which we 

issued prior to the effective date of this 

authorization. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which New Mexico is not yet 

authorized. 

J. What Is Codification and Is the EPA 

Codifying New Mexico’s Hazardous 

Waste Program as Authorized in This 

Rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart T for this 

authorization of New Mexico’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

K. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

authorizes preexisting requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15,1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). The 

Congressional Review Act, 5 U.S.C. 801 

et seq., as added by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, generally provides that before a 

rule may take effect, the agency 

promulgating the rule a rule must 

submit report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. The EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action will be effective May 26, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: March 5, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–6677 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8067] 

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 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 


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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 [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 III 

Pennsylvania: 

Camp Hill, Borough of, Cumberland 

County.

420357 October 20, 1972, Emerg; March 15, 1977, 

Reg; Date of publication in the Federal 

Register, Susp. 

03/16/2009 ....... Date of publication in the 

Federal Register. 

Carlisle, Borough of, Cumberland 

County.

425382 May 14, 1971, Emerg; September 1, 1972, 

Reg; Date of publication in the Federal 

Register, Susp. 

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


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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 

Dickinson, Township of, Cumberland 

County.

421580 November 20, 1975, Emerg; April 20, 1979, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

East Pennsboro, Township of, Cumberland County.420359 December 3, 1971, Emerg; April 15, 1977, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Hampden, Township of, Cumberland 

County.

420360 April 14, 1972, Emerg; February 15, 1978, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Hopewell, Township of, Cumberland 

County.

421581 September 8, 1982, Emerg; June 1, 1989, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Lemoyne, Borough of, Cumberland 

County.

420361 May 22, 1973, Emerg; December 4, 1979, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Lower Allen, Township of, Cumberland 

County.

421016 June 23, 1972, Emerg; September 30, 

1977, Reg; Date of publication in the 

Federal Register, Susp. 

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

Lower Frankford, Township of, Cumberland County.421018 January 16, 1974, Emerg; March 16, 1988, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Lower Mifflin, Township of, Cumberland 

County.

421582 May 23, 1977, Emerg; October 8, 1982, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Mechanicsburg, Borough of, Cumberland County.420362 October 15, 1971, Emerg; January 16, 

1980, Reg; Date of publication in the 

Federal Register, Susp. 

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

Middlesex, Township of, Cumberland 

County.

420363 January 26, 1973, Emerg; June 15, 1981, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Monroe, Township of, Cumberland 

County.

420364 February 25, 1972, Emerg; December 4, 

1979, Reg; Date of publication in the 

Federal Register, Susp. 

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

Mount Holly Springs, Borough of, Cumberland County.420365 February 25, 1972, Emerg; March 18, 1980, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

New Cumberland, Borough of, Cumberland County.420366 November 5, 1971, Emerg; February 16, 

1977, Reg; Date of publication in the 

Federal Register, Susp. 

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

Newburg, Borough of, Cumberland 

County.

422405 March 10, 1976, Emerg; June 24, 1977, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Newville, Borough of, Cumberland 

County.

421579 September 21, 1976, Emerg; December 14, 

1979, Reg; Date of publication in the 

Federal Register, Susp. 

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

North Middleton, Township of, Cumberland County.420367 January 12, 1973, Emerg; April 1, 1982, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

North Newton, Township of, Cumberland County.421583 February 6, 1976, Emerg; September 10, 

1984, Reg; Date of publication in the 

Federal Register, Susp. 

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

Penn, Township of, Cumberland County 421584 November 25, 1975, Emerg; October 15, 

1985, Reg; Date of publication in the 

Federal Register, Susp. 

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

Shippensburg, Borough of, Cumberland 

County.

420368 January 23, 1974, Emerg; March 15, 1979, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Shippensburg, Township of, Cumberland County.421585 January 13, 1981, Emerg; November 4, 

1988, Reg; Date of publication in the 

Federal Register, Susp. 

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

Shiremanstown, Borough of, Cumberland County.420369 March 2, 1973, Emerg; January 5, 1979, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Silver Spring, Township of, Cumberland 

County.

420370 March 2, 1973, Emerg; May 2, 1983, Reg; 

Date of publication in the Federal Register, Susp. 

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

South Middleton, Township of, Cumberland County.420371 April 19, 1973, Emerg; November 4, 1981, 

Reg; Date of publication in the Federal 

Register, Susp. 

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


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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 

South Newton, Township of, Cumberland County.421586 April 25, 1977, Emerg; August 4, 1988, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Southampton, Township of, Cumberland County.421587 February 1, 1977, Emerg; August 4, 1988, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Upper Allen, Township of, Cumberland 

County.

420372 December 10, 1971, Emerg; February 15, 

1980, Reg; Date of publication in the 

Federal Register, Susp. 

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

Upper Frankford, Township of, Cumberland County.421588 August 22, 1975, Emerg; April 5, 1988, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Upper Mifflin, Township of, Cumberland 

County.

421589 February 4, 1976, Emerg; November 26, 

1982, Reg; Date of publication in the 

Federal Register, Susp. 

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

West Pennsboro, Township of, Cumberland County.421590 January 14, 1976, Emerg; March 4, 1988, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Wormleysburg, Borough of, Cumberland County.420374 August 18, 1972, Emerg; February 16, 

1977, Reg; Date of publication in the 

Federal Register, Susp. 

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

Virginia: 

Accomack County, Unincorporated 

Areas.

510001 January 10, 1974, Emerg; June 1, 1984, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Belle Haven, Town of, Accomack County.510242 Emerg; February 8, 2001, Reg; Date of 

publication in the Federal Register, 

Susp. 

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

Charles City County, Unincorporated 

Areas.

510198 October 20, 1975, Emerg; September 5, 

1990, Reg; Date of publication in the 

Federal Register, Susp. 

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

Chincoteague, Town of, Accomack 

County.

510002 March 4, 1974, Emerg; March 1, 1977, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Essex County, Unincorporated Areas ... 510048 March 15, 1974, Emerg; December 16, 

1988, Reg; Date of publication in the 

Federal Register, Susp. 

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

King George County, Unincorporated 

Areas.

510312 May 16, 1975, Emerg; December 15, 1990, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Onancock, Town of, Accomack County 510298 February 17, 1976, Emerg; December 15, 

1981, Reg; Date of publication in the 

Federal Register, Susp. 

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

Saxis, Town of, Accomack County ....... 510003 March 11, 1976, Emerg; November 17, 

1982, Reg; Date of publication in the 

Federal Register, Susp. 

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

Tangier, Town of, Accomack County .... 510004 March 28, 1975, Emerg; October 15, 1982, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Tappahanock, Town of, Essex County 510049 June 3, 1974, Emerg; August 4, 1987, Reg; 

Date of publication in the Federal Register, Susp. 

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

Wachapreague, Town of, Accomack 

County.

510005 January 28, 1975, Emerg; September 2, 

1982, Reg; Date of publication in the 

Federal Register, Susp. 

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

Region IV 

Alabama: 

Chilton County, Unincorporated Areas .. 010030 Emerg; February 7, 2006, Reg; Date of 

publication in the Federal Register, 

Susp. 

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

Clanton, City of, Chilton County ............ 010031 August 7, 1975, Emerg; May 1, 1984, Reg; 

Date of publication in the Federal Register, Susp. 

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

Maplesville, Town of, Chilton County .... 010032 September 16, 1975, Emerg; February 1, 

1984, Reg; Date of publication in the 

Federal Register, Susp. 

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

Thorsby, Town of, Chilton County ......... 010344 Emerg; November 28, 1997, Reg; Date of 

publication in the Federal Register, 

Susp. 

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

Georgia: 


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12632 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 

Darien, City of, McIntosh County .......... 130131 April 24, 1975, Emerg; July 2, 1981, Reg; 

Date of publication in the Federal Register, Susp. 

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

McIntosh County, Unincorporated Areas 130130 December 16, 1975, Emerg; May 15, 1984, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Kentucky: Booneville, City of, Owsley County.210187 July 24, 1984, Emerg; August 5, 1985, Reg; 

Date of publication in the Federal Register, Susp. 

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

Mississippi: 

Gautier, City of, Jackson County .......... 280332 November 13, 1986, Emerg; November 13, 

1986, Reg; Date of publication in the 

Federal Register, Susp. 

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

Jackson County, Unincorporated Areas 285256 June 30, 1970, Emerg; April 3, 1978, Reg; 

Date of publication in the Federal Register, Susp. 

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

Moss Point, City of, Jackson County .... 285258 September 11, 1970, Emerg; September 

18, 1970, Reg; Date of publication in the 

Federal Register, Susp. 

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

Ocean Springs, City of, Jackson County 285259 August 14, 1970, Emerg; September 18, 

1970, Reg; Date of publication in the 

Federal Register, Susp. 

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

Pascagoula, City of, Jackson County ... 285260 July 17, 1970, Emerg; September 18, 1970, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

North Carolina: 

Clemmons, Village of, Forsyth County .. 370531 Emerg;—June 27, 2000, Reg; Date of publication in the Federal Register, Susp. ......do ............... Do. 

Davidson County, Unincorporated 

Areas.

370307 July 23, 1976, Emerg; May 1, 1980, Reg; 

Date of publication in the Federal Register, Susp. 

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

Davie County, Unincorporated Areas .... 370308 December 23, 1975, Emerg; March 21, 

1980, Reg; Date of publication in the 

Federal Register, Susp. 

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

Forsyth County, Unincorporated Areas 375349 March 19, 1971, Emerg; September 1, 

1972, Reg; Date of publication in the 

Federal Register, Susp. 

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

High Point, City of, Guilford County ...... 370113 August 5, 1974, Emerg; November 1, 1979, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Lexington, City of, Davidson County ..... 370081 July 10, 1975, Emerg; November 1, 1979, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Thomasville, City of, Davidson County 370082 December 3, 1974, Emerg; September 28, 

1979, Reg; Date of publication in the 

Federal Register, Susp. 

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

Winston-Salem, City of, Forsyth County 375360 March 19, 1971, Emerg; August 31, 1973, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Region V 

Wisconsin: 

Baldwin, Village of, St. Croix County .... 550380 June 26, 1975, Emerg; August 15, 1990, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Glenwood City, City of, St. Croix County.550381 July 1, 1975, Emerg; September 4, 1986, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Hammond, Village of, St. Croix County 550382 October 23, 1975, Emerg; July 16, 1987, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Hudson, City of, St. Croix County ......... 555558 April 23, 1971, Emerg; November 10, 1972, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

New Richmond, City of, St. Croix County.550384 June 5, 1974, Emerg; July 16, 2004, Reg; 

Date of publication in the Federal Register, Susp. 

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

North Hudson, Village of, St. Croix 

County.

555568 September 10, 1971, Emerg; January 12, 

1973, Reg; Date of publication in the 

Federal Register, Susp. 

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


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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 

River Falls, City of, St. Croix County .... 550330 March 30, 1972, Emerg; December 15, 

1982, Reg; Date of publication in the 

Federal Register, Susp. 

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

Somerset, Village of, St. Croix County 550386 April 16, 1975, Emerg; June 1, 1987, Reg; 

Date of publication in the Federal Register, Susp. 

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

Spring Valley, Village of, St. Croix 

County.

550331 July 2, 1975, Emerg; March 15, 1984, Reg; 

Date of publication in the Federal Register, Susp. 

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

St. Croix County, Unincorporated Areas 555578 April 2, 1971, Emerg; April 27, 1973, Reg; 

Date of publication in the Federal Register, Susp. 

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

Wilson, Village of, St. Croix County ...... 550389 June 15, 1976, Emerg; May 1, 1987, Reg; 

Date of publication in the Federal Register, Susp. 

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

Woodville, Village of, St. Croix County 550390 August 15, 1975, Emerg; May 4, 1989, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Region VI 

Arkansas: 

Alma, City of, Crawford County ............. 050236 March 25, 1974, Emerg; April 1, 1981, Reg; 

Date of publication in the Federal Register, Susp. 

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

Altheimer, City of, Jefferson County ..... 050107 September 16, 1975, Emerg; August 15, 

1980, Reg; Date of publication in the 

Federal Register, Susp. 

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

Cedarville, City of, Crawford County ..... 050505 Emerg; June 26, 2006, Reg; Date of publication in the Federal Register, Susp. ......do ............... Do. 

Chester, Town of, Crawford County ...... 050050 May 18, 1990, Emerg; August 5, 1991, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Crawford County, Unincorporated Areas 050428 June 29, 1990, Emerg; August 5, 1991, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Dyer, Town of, Crawford County ........... 050408 Emerg; January 30, 2004, Reg; Date of 

publication in the Federal Register, 

Susp. 

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

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

Reg; Date of publication in the Federal 

Register, Susp. 

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

Jefferson County, Unincorporated 

Areas.

050440 September 6, 1978, Emerg; April 16, 1991, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Kibler, City of, Crawford County ............ 050337 Emerg; November 30, 2006, Reg; Date of 

publication in the Federal Register, 

Susp. 

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

Mountainburg, City of, Crawford County 050051 April 15, 1981, Emerg; April 15, 1981, Reg; 

Date of publication in the Federal Register, Susp. 

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

Mulberry, City of, Crawford County ....... 050354 May 27, 1981, Emerg; May 27, 1981, Reg; 

Date of publication in the Federal Register, Susp. 

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

Pine Bluff, City of, Jefferson County ..... 050109 August 13, 1974, Emerg; July 16, 1981, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Redfield, City of, Jefferson County ....... 050282 April 13, 1976, Emerg; August 26, 1977, 

Reg; Date of publication in the Federal 

Register, Susp. 

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

Rudy, City of, Crawford County ............ 050052 April 14, 1975, Emerg; June 25, 1976, Reg; 

Date of publication in the Federal Register, Susp. 

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

Sherrill, Town of, Jefferson County ....... 050110 June 19, 1975, Emerg; June 30, 1976, Reg; 

Date of publication in the Federal Register, Susp. 

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

Van Buren, City of, Crawford County .... 050053 January 16, 1974, Emerg; November 16, 

1977, Reg; Date of publication in the 

Federal Register, Susp. 

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

Wabbaseka, City of, Jefferson County .. 050111 June 26, 1975, Emerg; December 2, 1980, 

Reg; Date of publication in the Federal 

Register, Susp. 

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


sroberts on PROD1PC70 with RULES
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