53748 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / 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 

Region IV 

North Carolina: 

Albermarle, City of, Stanly County ........ 370223 March 19, 1974, Emerg; December 1, 

1981, Reg; September 3, 2008, Susp.

Sept. 3, 2008 .... Sept. 3, 2008. 

Badin, Town of, Stanly County .............. 370417 September 24, 2002, Emerg; September 

24, 2002, Reg; September 3, 2008, Susp.

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

Locust, City of, Stanly County ............... 370508 May 29, 2003, Emerg; May 29, 2003, Reg; 

September 3, 2008, Susp.

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

Norwood, Town of, Stanly County ........ 370509 May 17, 2000, Emerg; September 21, 2000, 

Reg; September 3, 2008, Susp.

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

Oakboro, Town of, Stanly County ......... 370493 July 9, 1997, Emerg; September 21, 2000, 

Reg; September 3, 2008, Susp.

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

Polk County, Unincorporated Areas ...... 370194 January 15, 1974, Emerg; January 1, 1987, 

Reg; September 3, 2008, Susp.

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

Stanly County, Unincorporated Areas ... 370361 July 12, 1979, Emerg; December 1, 1981, 

Reg; September 3, 2008, Susp.

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

Tryon, Town of, Polk County ................. 370271 March 5, 1974, Emerg; August 19, 1986, 

Reg; September 3, 2008, Susp.

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

Tennessee: 

Erwin, City of, Unicoi County ................ 470094 April 20, 1978, Emerg; September 5, 1984, 

Reg; September 3, 2008, Susp.

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

Unicoi County, Unincorporated Areas ... 470238 December 17, 1979, Emerg; January 3, 

1985, Reg; September 3, 2008, Susp.

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

*do=Ditto. 

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

Dated: September 8, 2008. 

David I. Maurstad, 

Assistant Administrator for Mitigation, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–21684 Filed 9–16–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–8041] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

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 proving 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 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 to obtain 

additional information, contact David 

Stearrett, Federal Emergency 

Management Agency, Mitigation 

Directorate, 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 the 

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. 

Previously, FEMA 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 the 

FEMA 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 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53749 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds the notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because the 

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 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 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 IV 

North Carolina: 

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

1980, Reg; September 17, 2008, Susp.

09/17/2008 ....... 09/17/2008. 

Mocksville, Town of, Davie County ....... 370309 August 12, 2002, Emerg;—, Reg; September 17, 2008, Susp.......do ............... Do. 

Region V 

Michigan: 

Brighton, City of, Livingston County ...... 260783 December 16, 1986, Emerg; April 5, 1988, 

Reg; September 17, 2008, Susp.

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

Fowlerville, Village of, Livingston County.260439 August 7, 1975, Emerg; February 19, 1987, 

Reg; September 17, 2008, Susp.

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

Genoa, Township of, Livingston County 260843 July 12, 2007, Emerg;—, Reg; September 

17, 2008, Susp.

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

Green Oak, Township of, Livingston 

County.

260440 March 10, 1982, Emerg; October 16, 1984, 

Reg; September 17, 2008, Susp.

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

Hamburg, Township of, Livingston 

County.

260118 July 23, 1974, Emerg; February 19, 1986, 

Reg; September 17, 2008, Susp.

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

Handy, Township of, Livingston County 260827 February 7, 1990, Emerg;—, Reg; September 17, 2008, Susp.......do ............... Do. 

Hartland, Township of, Livingston 

County.

260784 November 25, 1986, Emerg; May 17, 1989, 

Reg; September 17, 2008, Susp.

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

Howell, City of, Livingston County ........ 260441 December 8, 1975, Emerg; August 4, 1987, 

Reg; September 17, 2008, Susp.

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

Marion, Township of, Livingston County 260846 February 29, 2008, Emerg;—, Reg; September 17, 2008, Susp.......do ............... Do. 

Putnam, Township of, Livingston County.260442 December 21, 1978, Emerg; February 6, 

1984, Reg; September 17, 2008, Susp.

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

*do=Ditto. 

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

mstockstill on PROD1PC66 with RULES

53750 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

Dated: September 9, 2008. 

David I. Maurstad, 

Assistant Administrator for Mitigation, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–21777 Filed 9–16–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–B–1005] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base(1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Mitigation Assistant Administrator of 

FEMA reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by the 

other Federal, State, or regional entities. 

The changes to BFEs are in accordance 

with 44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim 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 interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

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. 

§ 65.4 [Amended] 

2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Arizona: 

Cochise ............ Unincorporated 

areas of Cochise 

County (06–09– 

B939P).

July 31, 2008; August 7, 2008; 

Sierra Vista Herald.

The Honorable Richard Searle, Chairman, 

Cochise County Board of Supervisors, 

1415 West Melody Lane, Building G, 

Bisbee, AZ 85603.

September 2, 2008 ......... 040012 

Cochise ............ City of Sierra Vista 

(06–09–B939P).

July 31, 2008; August 7, 2008; 

Sierra Vista Herald.

The Honorable Bob Strain, Mayor, City of 

Sierra Vista, 1011 North Coronado 

Drive, Sierra Vista, AZ 85635.

September 2, 2008 ......... 040017 

Maricopa ........... City of Glendale 

(08–09–1010P).

August 7, 2008; August 14, 

2008; The Glendale Star.

The Honorable Elaine M. Scruggs, Mayor, 

City of Glendale, 5850 West Glendale 

Avenue, Glendale, AZ 85301.

December 12, 2008 ........ 040045 

Pima ................. Unincorporated 

areas of Pima 

County (08–09– 

0454P).

August 7, 2008; August 14, 

2008; The Daily Territorial.

The Honorable Richard Elias, Chairman, 

Pima County Board of Supervisors, 130 

West Congress, 11th Floor, Tucson, AZ 

85701.

July 21, 2008 .................. 040073 

Pima ................. City of Tucson (08– 

09–0454P).

August 7, 2008; August 14, 

2008; The Daily Territorial.

The Honorable Bob Walkup, Mayor, City 

of Tucson, P.O. Box 27210, Tucson, 

AZ 85726.

July 21, 2008 .................. 040076 

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