Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 26569 

[FR Doc. E9–12911 Filed 5–29–09; 4:15 pm] 

BILLING CODE 4120–01–C 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8077] 

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 


dwashington3 on PROD1PC60 with RULESER03JN09.019</GPH>
26570 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 

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: 

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, 2009 

Nottoway 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. 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Rules and Regulations 26571 

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 

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. 


dwashington3 on PROD1PC60 with RULES
26572 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 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 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

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 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA resolved any appeals 

resulting from this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified BFE 

determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 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 other 

Federal, State, or regional entities. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 


dwashington3 on PROD1PC60 with RULES