[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17094-17097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8379]


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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-8069]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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 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.

[[Page 17095]]


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.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain federal
       State and location             No.        sale of flood             date            assistance no longer
                                                 insurance  in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III
 
Virginia:
    Bath County, Unincorporated        510196  September 10,      April 2, 2009.........  April 14, 2009.
     Areas.                                     1984, Emerg;
                                                September 16,
                                                1975, Reg; April
                                                14, 2009, Susp.
    Craig County,                      510313  August 12, 1975,   \*\......do...........   Do.
     Unincorporated Areas.                      Emerg; February
                                                2, 1990, Reg;
                                                April 14, 2009,
                                                Susp.
    Dendron, Town of, Surry            510300  May 22, 1975,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1982, Reg; April
                                                14, 2009, Susp.
    New Castle, Town of, Craig         510340  N/A, Emerg;        ......do..............   Do.
     County.                                    February 22,
                                                1990, Reg; April
                                                14, 2009, Susp.
    Richmond, City of,                 510129  August 29, 1973,   ......do..............   Do.
     Independent County.                        Emerg; June 15,
                                                1979, Reg; April
                                                14, 2009, Susp.

[[Page 17096]]

 
    Surry County,                      510157  March 25, 1974,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                2, 1990, Reg;
                                                April 14, 2009,
                                                Susp.
            Region V
 
Illinois:
    Eldred, Village of, Greene         170251  June 15, 1981,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1981, Reg; April
                                                14, 2009, Susp.
    Elsah, Village of, Jersey          170313  March 1, 1974,     ......do..............   Do.
     County.                                    Emerg; February
                                                18, 1981, Reg;
                                                April 14, 2009,
                                                Susp.
    Greene County,                     170901  April 17, 1979,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 5,
                                                1985, Reg; April
                                                14, 2009, Susp.
    Greenfield, City of, Greene        170252  July 5, 1979,      ......do..............   Do.
     County.                                    Emerg; June 17,
                                                1986, Reg; April
                                                14, 2009, Susp.
    Jersey County,                     170312  April 1, 1974,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1984, Reg;
                                                April 14, 2009,
                                                Susp.
    Jerseyville, City of,              170315  June 17, 1981,     ......do..............   Do.
     Jersey County.                             Emerg; July 18,
                                                1985, Reg; April
                                                14, 2009, Susp.
Wisconsin:
    Cascade, Village of,               550425  January 20, 1976,  ......do..............   Do.
     Sheboygan County.                          Emerg; October
                                                15, 1981, Reg;
                                                April 14, 2009,
                                                Susp.
    Howards Grove, Village of,         550608  November 14,       ......do..............   Do.
     Sheboygan County.                          1983, Emerg;--,
                                                Reg; April 14,
                                                2009, Susp.
    Kohler, Village of,                550426  May 13, 1975,      ......do..............   Do.
     Sheboygan County.                          Emerg; April 2,
                                                1991, Reg; April
                                                14, 2009, Susp.
    Oostburg, Village of,              550427  N/A, Emerg;        ......do..............   Do.
     Sheboygan County.                          August 31, 1998,
                                                Reg; April 14,
                                                2009, Susp.
    Plymouth, City of,                 550428  February 14,       ......do..............   Do.
     Sheboygan County.                          1975, Emerg;
                                                July 5, 1983,
                                                Reg; April 14,
                                                2009, Susp.
    Random Lake, Village of,           550429  July 30, 1975,     ......do..............   Do.
     Sheboygan County.                          Emerg; April 1,
                                                1981, Reg; April
                                                14, 2009, Susp.
    Sheboygan, City of,                550430  April 23, 1971,    ......do..............   Do.
     Sheboygan County.                          Emerg; March 15,
                                                1977, Reg; April
                                                14, 2009, Susp.
    Sheboygan County,                  550424  April 4, 1973,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 17,
                                                1978, Reg; April
                                                14, 2009, Susp.
    Sheboygan Falls, City of,          550431  June 10, 1975,     ......do..............   Do.
     Sheboygan County.                          Emerg; April 2,
                                                1991, Reg; April
                                                14, 2009, Susp.
 
           Region VI
 
Louisiana:
    Lincoln Parrish,                   230366  August 9, 1990,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 1,
                                                1991, Reg; April
                                                14, 2009, Susp.
    Ruston, City of, Lincoln           220347  February 19,       ......do..............   Do.
     Parrish.                                   1975, Emerg;
                                                June 15, 1981,
                                                Reg; April 14,
                                                2009, Susp.
 
          Region VIII
 
Utah:
    Enterprise, City of,               490169  June 27, 1986,     ......do..............   Do.
     Washington County.                         Emerg; April 1,
                                                1987, Reg; April
                                                14, 2009, Susp.
    Hurricane, City of,                490172  August 5, 1975,    ......do..............   Do.
     Washington County.                         Emerg; February
                                                2, 1984, Reg;
                                                April 14, 2009,
                                                Susp.
    Ivins, City of, Washington         490173  October 21, 1974,  ......do..............   Do.
     County.                                    Emerg; August
                                                23, 1982, Reg;
                                                April 14, 2009,
                                                Susp.
    LaVerkin, City of,                 490174  September 3,       ......do..............   Do.
     Washington County.                         1975, Emerg;
                                                February 2,
                                                1984, Reg; April
                                                14, 2009, Susp.
    Leeds, Town of, Washington         490175  August 11, 1978,   ......do..............   Do.
     County.                                    Emerg; February
                                                2, 1984, Reg;
                                                ,April 14, 2009
                                                Susp.
    Moab, City of, Grand County        490072  September 17,      ......do..............   Do.
                                                1974, Emerg;
                                                June 4, 1980,
                                                Reg; April 14,
                                                2009, Susp.
    Santa Clara, City of,              490178  August 7, 1975,    ......do..............   Do.
     Washington County.                         Emerg; August 5,
                                                1986, Reg; April
                                                14, 2009, Susp.
    St. George, City of,               490177  August 28, 1974,   ......do..............   Do.
     Washington County.                         Emerg; August
                                                19, 1987, Reg;
                                                April 14, 2009,
                                                Susp.
    Toquerville, Town of,              490180  July 20, 1984,     ......do..............   Do.
     Washington County.                         Emerg; February
                                                9, 1986, Reg;
                                                April 14, 2009,
                                                Susp.
    Virgin, Town of, Washington        490181  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                14, 2009, Susp.
    Washington, City of,               490182  July 7, 1975,      ......do..............   Do.
     Washington County.                         Emerg; July 1,
                                                1987, Reg; April
                                                14, 2009, Susp.
    Washington County,                 490224  October 15, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 18,
                                                1986, Reg; April
                                                14, 2009, Susp.
 

[[Page 17097]]

 
           Region IX
 
California:
    Carmel By The Sea, City of,        060196  N/A, Emerg;        ......do..............   Do.
     Monterey County.                           December 18,
                                                1997, Reg; April
                                                14, 2009, Susp.
    Del Rey Oaks, City of,             060197  June 23, 1978,     ......do..............   Do.
     Monterey County.                           Emerg; November
                                                4, 1981, Reg;
                                                April 14, 2009,
                                                Susp.
    Gonzales, City of, Monterey        060198  July 25, 1975,     ......do..............   Do.
     County.                                    Emerg; November
                                                18, 1981, Reg;
                                                April 14, 2009,
                                                Susp.
    Greenfield, City of,               060446  January 27, 1977,  ......do..............   Do.
     Monterey County.                           Emerg; August
                                                23, 1982, Reg;
                                                April 14, 2009,
                                                Susp.
    Monterey County,                   060195  March 9, 1977,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                30, 1984, Reg;
                                                April 14, 2009,
                                                Susp.
    Pacific Grove, City of,            060201  N/A, Emerg;        ......do..............   Do.
     Monterey County.                           January 12,
                                                1998, Reg; April
                                                14, 2009, Susp.
----------------------------------------------------------------------------------------------------------------
\*\do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: March 26, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-8379 Filed 4-10-09; 8:45 am]
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