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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-8077]
 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 
                    ( print page 26570)
                    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:Crewe, Town of, Nottoway County
510264
April 16, 1998, Emerg; —, Reg; June 2, 2009, Susp
June 2, 2009
June 2, 2009Nottoway County, Unincorporated Areas
510307
May 7, 1975, Emerg; September 1, 1987, Reg; June 2, 2009, Susp
......*do
Do.**Region IV**Florida:Bay County, Unincorporated Areas
120004
May 12, 1975, Emerg; July 2, 1981, Reg; June 2, 2009, Susp
......do
Do.Callaway, City of, Bay County
120005
January 13, 1975, Emerg; July 16, 1980, Reg; June 2, 2009, Susp
......do
Do.Cedar Grove, Town of, Bay County
120006
May 16, 1975, Emerg; January 25, 1980, Reg; June 2, 2009, Susp
......do
Do.Lynn Haven, City of, Bay County
120009
September 6, 1974, Emerg; June 1, 1977, Reg; June 2, 2009, Susp
......do
Do.Mexico Beach, Town of, Bay County
120010
September 18, 1970, Emerg; July 18, 1977, Reg; June 2, 2009, Susp
......do
Do.Panama City, City of, Bay County
120012
September 6, 1974, Emerg; July 18, 1977, Reg; June 2, 2009, Susp
......do
Do.Panama City Beach, City of, Bay County
120013
December 17, 1971, Emerg; June 1, 1977, Reg; June 2, 2009, Susp
......do
Do.Parker, City of, Bay County
120011
May 5, 1975, Emerg; August 1, 1980, Reg; June 2, 2009, Susp
......do
Do.Springfield, City of, Bay County
120014
May 1, 1975, Emerg; August 17, 1981, Reg; June 2, 2009, Susp
......do
Do.Georgia:Clarkesville, City of, Habersham County
130103
April 2, 1976, Emerg; February 17, 1988, Reg; June 2, 2009, Susp
......do
Do.Cornelia, City of, Habersham County
130329
August 30, 1976, Emerg; August 1, 1986, Reg; June 2, 2009, Susp
......do
Do.Habersham County, Unincorporated Areas
130458
September 23, 1976, Emerg; April 2, 1991, Reg; June 2, 2009, Susp
......do
Do.Tallulah Falls, Town of, Habersham County
130380
December 29, 1980, Emerg; August 13, 1982, Reg; June 2, 2009, Susp
......do
Do.North Carolina:Burnsville, Town of, Yancey County
370373
July 24, 1975, Emerg; April 17, 1984, Reg; June 2, 2009, Susp
......do
Do.Hot Springs, Town of, Madison County
370153
November 17, 1977, Emerg; July 5, 1982, Reg; June 2, 2009, Susp
......do
Do.Madison County, Unincorporated Areas
370152
November 26, 1973, Emerg; September 2, 1982, Reg; June 2, 2009, Susp
......do
Do.Mars Hill, Town of, Madison County
370385
October 4, 1979, Emerg; August 19, 1987, Reg; June 2, 2009, Susp
......do
Do.( print page 26571)Marshall, Town of, Madison County
370154
November 23, 1973, Emerg; May 15, 1978, Reg; June 2, 2009, Susp
......do
Do.Yancey County, Unincorporated Areas
370261
March 29, 1978, Emerg; April 17, 1984, Reg; June 2, 2009, Susp
......do
Do.Ohio:Cardington, Village of, Morrow County
390652
June 13, 1975, Emerg; November 2, 1984, Reg; June 2, 2009, Susp
......do
Do.Morrow County, Unincorporated Areas
390868
July 23, 1987, Emerg; April 1, 1992, Reg; June 2, 2009, Susp
......do
Do.Mt. Gilead, Village of, Morrow County
390424
April 29, 1975, Emerg; August 19, 1987, Reg; June 2, 2009, Susp
......do
Do.Wisconsin:Fort Atkinson, City of, Jefferson County
555554
November 13, 1970, Emerg; August 6, 1971, Reg; June 2, 2009, Susp
......do
Do.Jefferson, City of, Jefferson County
555561
April 23, 1971, Emerg; May 26, 1972, Reg; June 2, 2009, Susp
......do
Do.Jefferson County, Unincorporated Areas
550191
April 2, 1971, Emerg; September 29, 1978, Reg; June 2, 2009, Susp
......do
Do.Johnson Creek, Village of, Jefferson County
550194
February 13, 1976, Emerg; September 30, 1982, Reg; June 2, 2009, Susp
......do
Do.Lac La Belle, Village of, Jefferson County
550565
May 25, 1976, Emerg; January 18, 1984, Reg; June 2, 2009, Susp
......do
Do.Lake Mills, City of, Jefferson County
550195
September 10, 1975, Emerg; July 2, 1987, Reg; June 2, 2009, Susp
......do
Do.Palmyra, Village of, Jefferson County
550196
May 13, 1975, Emerg; May 3, 1990, Reg; June 2, 2009, Susp
......do
Do.Sullivan, Village of, Jefferson County
550197
July 10, 1975, Emerg; September 18, 1985, Reg; June 2, 2009, Susp
......do
Do.Waterloo, City of, Jefferson County
550198
July 25, 1975, Emerg; September 18, 1985, Reg; June 2, 2009, Susp
......do
Do.Waterloo, City of, Dodge County
550107
May 23, 1975, Emerg; April 1, 1981, Reg; June 2, 2009, Susp
......do
Do.Whitewater, City of, Jefferson County
550200
March 27, 1975, Emerg; June 1, 1982, Reg; June 2, 2009, Susp
......do
Do.**Region VI**Texas:Allen, City of, Collin County
480131
July 15, 1975, Emerg; June 1, 1978, Reg; June 2, 2009, Susp
......do
Do.Carrollton, City of, Collin County
480167
May 27, 1975, Emerg; July 16, 1980, Reg; June 2, 2009, Susp
......do
Do.Celina, City of, Collin County
480133
May 27, 1975, Emerg; November 1, 1979, Reg; June 2, 2009, Susp
......do
Do.Collin County, Unincorporated Areas
480130
June 16, 1981, Emerg; June 16, 1981, Reg; June 2, 2009, Susp
......do
Do.Fairview, Town of, Collin County
481069
January 18, 1977, Emerg; November 1, 1979, Reg; June 2, 2009, Susp
......do
Do.Frisco, City of, Collin County
480134
October 7, 1975, Emerg; June 18, 1980, Reg; June 2, 2009, Susp
......do
Do.Lavon, Town of, Collin County
481313
NA, Emerg; May 13, 1991, Reg; June 2, 2009, Susp
......do
Do.Lucas, City of, Collin County
481545
July 3, 1979, Emerg; July 3, 1979, Reg; June 2, 2009, Susp
......do
Do.McKinney, City of, Collin County
480135
April 9, 1975, Emerg; June 18, 1980, Reg; June 2, 2009, Susp
......do
Do.Murphy, City of, Collin County
480137
August 7, 1975, Emerg; April 1, 1980, Reg; June 2, 2009, Susp
......do
Do.New Hope, City of, Collin County
480138
NA, Emerg; April 19, 1996, Reg; June 2, 2009, Susp
......do
Do.Parker, City of, Collin County
480139
May 26, 1977, Emerg; August 15, 1979, Reg; June 2, 2009, Susp
......do
Do.Plano, City of, Collin County
480140
July 19, 1974, Emerg; January 2, 1980, Reg; June 2, 2009, Susp
......do
Do.Prosper, City of, Collin County
480141
December 2, 1980, Emerg; May 4, 1982, Reg; June 2, 2009, Susp
......do
Do.Richardson, City of, Collin County
480184
February 20, 1975, Emerg; December 4, 1979, Reg; June 2, 2009, Susp
......do
Do.Sachse, City of, Collin County
480186
July 25, 1975, Emerg; September 1, 1978, Reg; June 2, 2009, Susp
......do
Do.Van Alstyne, Town of, Collin County
481620
NA, Emerg; November 11, 1994, Reg; June 2, 2009, Susp
......do
Do.( print page 26572)Westminster, Town of, Collin County
480758
NA, Emerg; May 10, 1993, Reg; June 2, 2009, Susp
......do
Do.**Region VII**Kansas:Andover, City of, Butler County
200383
February 7, 1977, Emerg; December 4, 1986, Reg; June 2, 2009, Susp
......do
Do.Augusta, City of, Butler County
200038
June 25, 1975, Emerg; August 15, 1980, Reg; June 2, 2009, Susp
......do
Do.Butler County, Unincorporated Areas
200037
June 23, 1975, Emerg; March 2, 1981, Reg; June 2, 2009, Susp
......do
Do.Douglass, City of, Butler County
200489
August 21, 2003, Emerg; September 1, 2004, Reg; June 2, 2009, Susp
......do
Do.Rose Hill, City of, Butler County
200454
April 20, 1976, Emerg; August 24, 1981, Reg; June 2, 2009, Susp
......do
Do.Missouri:Benton County, Unincorporated Areas
290027
September 24, 1986, Emerg; March 1, 1987, Reg; June 2, 2009, Susp
......do
Do.Warsaw, City of, Benton County
290030
August 25, 1975, Emerg; August 4, 1987, Reg; June 2, 2009, Susp
......do
Do.**Region VIII**South Dakota:Beadle County, Unincorporated Areas
460251
May 11, 1995, Emerg; October 1, 1997, Reg; June 2, 2009, Susp
......do
Do.Cavour, Town of, Beadle County
461212
March 14, 1997, Emerg; June 8, 1998, Reg; June 2, 2009, Susp
......do
Do.Huron, City of, Beadle County
460003
May 24, 1974, Emerg; July 16, 1987, Reg; June 2, 2009, Susp
......do
Do.* do = Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
 Dated: May 22, 2009. Deborah Ingram, Acting Deputy Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. E9-12857 Filed 6-2-09; 8:45 am] BILLING CODE 9110-12-P