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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]
 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 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
 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**Virginia:Bath County, Unincorporated Areas
510196
September 10, 1984, Emerg; September 16, 1975, Reg; April 14, 2009, Susp
April 2, 2009
April 14, 2009.Craig County, Unincorporated Areas
510313
August 12, 1975, Emerg; February 2, 1990, Reg; April 14, 2009, Susp
*
                                ......do
Do.Dendron, Town of, Surry County
510300
May 22, 1975, Emerg; July 16, 1982, Reg; April 14, 2009, Susp
......do
Do.New Castle, Town of, Craig County
510340
N/A, Emerg; February 22, 1990, Reg; April 14, 2009, Susp
......do
Do.Richmond, City of, Independent County
510129
August 29, 1973, Emerg; June 15, 1979, Reg; April 14, 2009, Susp
......do
Do.( print page 17096)Surry County, Unincorporated Areas
510157
March 25, 1974, Emerg; November 2, 1990, Reg; April 14, 2009, Susp
......do
Do.**Region V**Illinois:Eldred, Village of, Greene County
170251
June 15, 1981, Emerg; June 15, 1981, Reg; April 14, 2009, Susp
......do
Do.Elsah, Village of, Jersey County
170313
March 1, 1974, Emerg; February 18, 1981, Reg; April 14, 2009, Susp
......do
Do.Greene County, Unincorporated Areas
170901
April 17, 1979, Emerg; August 5, 1985, Reg; April 14, 2009, Susp
......do
Do.Greenfield, City of, Greene County
170252
July 5, 1979, Emerg; June 17, 1986, Reg; April 14, 2009, Susp
......do
Do.Jersey County, Unincorporated Areas
170312
April 1, 1974, Emerg; February 1, 1984, Reg; April 14, 2009, Susp
......do
Do.Jerseyville, City of, Jersey County
170315
June 17, 1981, Emerg; July 18, 1985, Reg; April 14, 2009, Susp
......do
Do.Wisconsin:Cascade, Village of, Sheboygan County
550425
January 20, 1976, Emerg; October 15, 1981, Reg; April 14, 2009, Susp
......do
Do.Howards Grove, Village of, Sheboygan County
550608
November 14, 1983, Emerg;—, Reg; April 14, 2009,  Susp
......do
Do.Kohler, Village of, Sheboygan County
550426
May 13, 1975, Emerg; April 2, 1991, Reg; April 14, 2009,  Susp
......do
Do.Oostburg, Village of, Sheboygan County
550427
N/A, Emerg; August 31, 1998, Reg; April 14, 2009, Susp
......do
Do.Plymouth, City of, Sheboygan County
550428
February 14, 1975, Emerg; July 5, 1983, Reg; April 14, 2009, Susp
......do
Do.Random Lake, Village of, Sheboygan County
550429
July 30, 1975, Emerg; April 1, 1981, Reg; April 14, 2009, Susp
......do
Do.Sheboygan, City of, Sheboygan County
550430
April 23, 1971, Emerg; March 15, 1977, Reg; April 14, 2009, Susp
......do
Do.Sheboygan County, Unincorporated Areas
550424
April 4, 1973, Emerg; July 17, 1978, Reg; April 14, 2009, Susp
......do
Do.Sheboygan Falls, City of, Sheboygan County
550431
June 10, 1975, Emerg; April 2, 1991, Reg; April 14, 2009, Susp
......do
Do.**Region VI**Louisiana:Lincoln Parrish, Unincorporated Areas
230366
August 9, 1990, Emerg; March 1, 1991, Reg; April 14, 2009, Susp
......do
Do.Ruston, City of, Lincoln Parrish
220347
February 19, 1975, Emerg; June 15, 1981, Reg; April 14, 2009, Susp
......do
Do.**Region VIII**Utah:Enterprise, City of, Washington County
490169
June 27, 1986, Emerg; April 1, 1987, Reg; April 14, 2009, Susp
......do
Do.Hurricane, City of, Washington County
490172
August 5, 1975, Emerg; February 2, 1984, Reg; April 14, 2009, Susp
......do
Do.Ivins, City of, Washington County
490173
October 21, 1974, Emerg; August 23, 1982, Reg; April 14, 2009, Susp
......do
Do.LaVerkin, City of, Washington County
490174
September 3, 1975, Emerg; February 2, 1984, Reg; April 14, 2009, Susp
......do
Do.Leeds, Town of, Washington County
490175
August 11, 1978, Emerg; February 2, 1984, Reg; ,April 14, 2009 Susp
......do
Do.Moab, City of, Grand County
490072
September 17, 1974, Emerg; June 4, 1980, Reg; April 14, 2009, Susp
......do
Do.Santa Clara, City of, Washington County
490178
August 7, 1975, Emerg; August 5, 1986, Reg; April 14, 2009, Susp
......do
Do.St. George, City of, Washington County
490177
August 28, 1974, Emerg; August 19, 1987, Reg; April 14, 2009, Susp
......do
Do.Toquerville, Town of, Washington County
490180
July 20, 1984, Emerg; February 9, 1986, Reg; April 14, 2009, Susp
......do
Do.Virgin, Town of, Washington County
490181
June 25, 1975, Emerg; August 5, 1986, Reg; April 14, 2009, Susp
......do
Do.Washington, City of, Washington County
490182
July 7, 1975, Emerg; July 1, 1987, Reg; April 14, 2009, Susp
......do
Do.Washington County, Unincorporated Areas
490224
October 15, 1975, Emerg; March 18, 1986, Reg; April 14, 2009, Susp
......do
Do.( print page 17097)**Region IX**California:Carmel By The Sea, City of, Monterey County
060196
N/A, Emerg; December 18, 1997, Reg; April 14, 2009, Susp
......do
Do.Del Rey Oaks, City of, Monterey County
060197
June 23, 1978, Emerg; November 4, 1981, Reg; April 14, 2009, Susp
......do
Do.Gonzales, City of, Monterey County
060198
July 25, 1975, Emerg; November 18, 1981, Reg; April 14, 2009, Susp
......do
Do.Greenfield, City of, Monterey County
060446
January 27, 1977, Emerg; August 23, 1982, Reg; April 14, 2009, Susp
......do
Do.Monterey County, Unincorporated Areas
060195
March 9, 1977, Emerg; January 30, 1984, Reg; April 14, 2009, Susp
......do
Do.Pacific Grove, City of, Monterey County
060201
N/A, Emerg; January 12, 1998, Reg; April 14, 2009, Susp
......do
Do.*
                            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] BILLING CODE 9110-12-P