Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 64
[Docket No. FEMA-8041]
 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 
                    ( print page 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
 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.
 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