Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23115 

Subparts F–G [Removed and reserved] 

■ 3. Remove and reserve subparts F and 

G. 

Subparts I–L [Removed and reserved] 

■ 4. Remove and reserve subparts I 

through L. 

[FR Doc. E9–11533 Filed 5–15–09; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8075] 

Suspension of Community Eligibility 

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 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


cprice-sewell on PRODPC61 with RULES
23116 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / 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 

Georgia: Good Hope, City of, Walton County.130411 April 12, 1976, Emerg; June 17, 1986, Reg; 

May 18, 2009, Susp.

May 18, 2009 ... May 18, 2009 

Loganville, City of, Walton County ............... 130326 March 22, 1979, Emerg; July 16, 1982, 

Reg; May 18, 2009, Susp.

*......do .............. Do. 

Monroe, City of, Walton County ................... 130227 March 26, 1975, Emerg; February 16, 1990, 

Reg; May 18, 2009, Susp.

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

North Carolina: Jonesville, Town of, Yadkin 

County.

370260 June 26, 1975, Emerg; July 1, 1987, Reg; 

May 18, 2009, Susp.

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

Yadkin County, Unincorporated Areas ......... 370400 NA, Emerg; June 22, 2005, Reg; May 18, 

2009, Susp.

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

Tennessee: Benton, City of, Polk County .... 470148 May 27, 1975, Emerg; July 3, 1986, Reg; 

May 18, 2009, Susp.

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

Copperhill, City of, Polk County ................... 470269 May 1, 1975, Emerg; August 19, 1986, 

Reg; May 18, 2009, Susp.

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

Gallatin, City of, Sumner County .................. 470185 May 27, 1975, Emerg; August 3, 1981, 

Reg; May 18, 2009, Susp.

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

Gatlinburg, City of, Sevier County ................ 475426 October 30, 1970, Emerg; October 30, 

1970, Reg; May 18, 2009, Susp.

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

Hendersonville, City of, Sumner County ...... 470186 May 28, 1974, Emerg; November 4, 1981, 

Reg; May 18, 2009, Susp.

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

Lebanon, City of, Wilson County .................. 470208 June 23, 1975, Emerg; January 6, 1983, 

Reg; May 18, 2009, Susp.

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

Livingston, City of, Overton County .............. 470143 February 5, 1975, Emerg; June 3, 1986, 

Reg; May 18, 2009, Susp.

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

Mount Juliet, City of, Wilson County ............ 470290 July 8, 1976, Emerg; May 17, 1982, Reg; 

May 18, 2009, Susp.

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

Pigeon Forge, City of, Sevier County ........... 475442 November 13, 1971, Emerg; September 1, 

1972, Reg; May 18, 2009, Susp.

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

Pittman Center, City of, Sevier County ........ 470378 August 24, 1993, Emerg; March 1, 1995, 

Reg; May 18, 2009, Susp.

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

Polk County, Unincorporated Areas ............. 470261 April 9, 1993, Emerg; June 16, 1995, Reg; 

May 18, 2009, Susp.

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

Sevierville, City of, Sevier County ................ 475444 October 23, 1970, Emerg; March 27, 1971, 

Reg; May 18, 2009, Susp.

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

Sumner County, Unincorporated Areas ....... 470349 August 5, 1975, Emerg; June 19, 1985, 

Reg; May 18, 2009, Susp.

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

Wilson County, Unincorporated Areas ......... 470207 August 27, 1975, Emerg; June 15, 1984, 

Reg; May 18, 2009, Susp.

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

Region V 

Wisconsin: Albany, Village of, Green County 550158 March 18, 1975, Emerg; July 18, 1983, 

Reg; May 18, 2009, Susp.

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

Brodhead, City of, Green County ................. 550160 April 30, 1975, Emerg; September 29, 

1989, Reg; May 18, 2009, Susp.

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

Browntown, City of, Green County ............... 550161 August 16, 1978, Emerg; October 16, 1984, 

Reg; May 18, 2009, Susp.

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

Green County, Unincorporated Areas .......... 550157 November 1, 1974, Emerg; September 15, 

1983, Reg; May 18, 2009, Susp.

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

Monroe, City of, Green County .................... 550162 May 1, 1975, Emerg; December 1, 1982, 

Reg; May 18, 2009, Susp.

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

Monticello, Village of, Green County ............ 550163 May 15, 1975, Emerg; July 18, 1983, Reg; 

May 18, 2009, Susp.

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

New Glarus, Village of, Green County ......... 550164 May 2, 1975, Emerg; August 1, 1983, Reg; 

May 18, 2009, Susp.

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

Region VI 

Oklahoma: Bristow, City of, Creek County ... 400051 July 9, 1980, Emerg; May 4, 1982, Reg; 

May 18, 2009, Susp.

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

Drumright, City of, Creek, Payne County ..... 400052 June 12, 1975, Emerg; July 2, 1980, Reg; 

May 18, 2009, Susp.

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

Kiefer, Town of, Creek County ..................... 400393 July 9, 1975, Emerg; April 15, 1982, Reg; 

May 18, 2009, Susp.

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

Mannford, Town of, Creek County ............... 400399 March 20, 2003, Emerg; NA, Reg; May 18, 

2009, Susp.

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

Sapulpa, City of, Creek County .................... 400053 August 4, 1972, Emerg; December 1, 1977, 

Reg; May 18, 2009, Susp.

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

Stroud, City of, Creek, Lincoln County ......... 400417 NA, Emerg; March 6, 2000, Reg; May 18, 

2009, Susp.

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

Region VII 

Missouri: Eldon, Town of, Miller County ....... 290227 January 17, 1975, Emerg; December 12, 

1978, Reg; May 18, 2009, Susp.

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


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23117 

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 

Jonesburg, City of, Montgomery County ...... 290310 December 31, 2007, Emerg; NA, Reg; May 

18, 2009, Susp.

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

Lake Ozark, City of, Miller County ............... 290698 April 15, 2005, Emerg; August 1, 2005, 

Reg; May 18, 2009, Susp.

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

Miller County, Unincorporated Areas ........... 290226 NA, Emerg; October 19, 1998, Reg; May 

18, 2009, Susp.

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

Montgomery County, Unincorporated Areas 290242 October 29, 1986, Emerg; March 1, 1987, 

Reg; May 18, 2009, Susp.

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

Rhineland, Town of, Montgomery County .... 290243 October 24, 1986, Emerg; October 24, 

1986, Reg; May 18, 2009, Susp.

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

Tuscumbia, Village of, Miller County ............ 290228 December 2, 1986, Emerg; March 1, 1987, 

Reg; May 18, 2009, Susp.

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

Region IX 

California: San Jose, City of, Santa Clara 

County.

060349 January 23, 1976, Emerg; August 2, 1982, 

Reg; May 18, 2009, Susp.

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

* do = Ditto. 

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

Dated: May 7, 2009. 

Deborah Ingram, 

Acting Deputy Assistant Administrator, 

Mitigation Directorate, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. E9–11516 Filed 5–15–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final 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 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator of the Mitigation 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final 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 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 final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 


cprice-sewell on PRODPC61 with RULES