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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-8075]
 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: ( print page 23116) 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, 2009Loganville, 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.( print page 23117)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