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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-8065]
 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
 2.The tables published under the authority of § 64.6 are amended as follows: ( print page 12638) 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.( print page 12639)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.( print page 12640)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