[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35809-35812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17211]


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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-8083]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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

[[Page 35810]]

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.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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.


Sec.  64.6  [Amended].

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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           Region III
 
Virginia:
    Charlotte County,                  510333  November 26,       July 20, 2009.........  July 20, 2009.
     Unincorporated Areas.                      1996, Emerg;
                                                November 1,
                                                1997, Reg; July
                                                20, 2009, Susp.
    Drakes Branch, Town of,            510032  October 18, 1974,  ......*do.............   Do.
     Charlotte County.                          Emerg; June 11,
                                                1982, Reg; July
                                                20, 2009, Susp.
    King William County,               510304  May 22, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                6, 1991, Reg;
                                                July 20, 2009,
                                                Susp.
    Lunenburg County,                  510309  October 5, 1978,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                25, 1983, Reg;
                                                July 20, 2009,
                                                Susp.
    Phenix, Town of, Charlotte         510302  July 8, 1975,      ......do..............   Do.
     County.                                    Emerg; February
                                                25, 1983, Reg;
                                                July 20, 2009,
                                                Susp.
    West Point, Town of, King          510083  April 16, 1975,    ......do..............   Do.
     William County.                            Emerg; June 18,
                                                1990, Reg; July
                                                20, 2009, Susp.
 
           Region IV
 
North Carolina:
    Gates County,                      370103  March 4, 1976,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 16,
                                                1991, Reg; July
                                                20, 2009, Susp.
    Gatesville, Town of, Gates         370104  July 8, 1975,      ......do..............   Do.
     County.                                    Emerg; May 13,
                                                1977, Reg; July
                                                20, 2009, Susp.
 
            Region V
 
Ohio:
    Akron, City of, Summit             390523  February 18,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                February 18,
                                                1981, Reg; July
                                                20, 2009, Susp.
    Barberton, City of, Summit         390524  September 13,      ......do..............   Do.
     County.                                    1974, Emerg;
                                                January 16,
                                                1981, Reg; July
                                                20, 2009, Susp.
    Boston Heights, Village of,        390749  November 16,       ......do..............   Do.
     Summit County.                             1976, Emerg;
                                                February 18,
                                                1981, Reg; July
                                                20, 2009, Susp.
    Clinton, Village of, Summit        390525  June 9, 1975,      ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; July
                                                20, 2009, Susp.
    Cuyahoga Falls, City of,           390526  February 27,       ......do..............   Do.
     Summit County.                             1975, Emerg;
                                                February 18,
                                                1981, Reg; July
                                                20, 2009, Susp.
    Fairlawn, City of, Summit          390657  December 29,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                January 16,
                                                1981, Reg; July
                                                20, 2009, Susp.
    Green, City of, Summit             390927  NA, Emerg; May     ......do..............   Do.
     County.                                    29, 2002, Reg;
                                                July 20, 2009,
                                                Susp.
    Hudson, City of, Summit            390660  May 19, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1980, Reg;
                                                July 20, 2009,
                                                Susp.

[[Page 35811]]

 
    Lakemore, Village of,              390527  August 8, 1975,    ......do..............   Do.
     Summit County.                             Emerg; May 25,
                                                1978, Reg; July
                                                20, 2009, Susp.
    Macedonia, City of, Summit         390750  November 11,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                February 4,
                                                1981, Reg; July
                                                20, 2009, Susp.
    Mogadore, Village of,              390528  June 11, 1975,     ......do..............   Do.
     Summit County.                             Emerg; September
                                                3, 1979, Reg;
                                                July 20, 2009,
                                                Susp.
    Munroe Falls, City of,             390843  October 26, 1988,  ......do..............   Do.
     Summit County.                             Emerg; May 16,
                                                1994, Reg; July
                                                20, 2009, Susp.
    Norton, City of, Summit            390529  July 2, 1975,      ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1981, Reg;
                                                July 20, 2009,
                                                Susp.
    Peninsula, Village of,             390530  June 25, 1975,     ......do..............   Do.
     Summit County.                             Emerg; March 2,
                                                1979, Reg; July
                                                20, 2009, Susp.
    Reminderville, Village of,         390855  July 9, 1980,      ......do..............   Do.
     Summit County.                             Emerg; May 17,
                                                1990, Reg; July
                                                20, 2009, Susp.
    Stow, City of, Summit              390532  November 12,       ......do..............   Do.
     County.                                    1973, Emerg;
                                                July 17, 1978,
                                                Reg; July 20,
                                                2009, Susp.
    Summit County,                     390781  November 21,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                April 15, 1981,
                                                Reg; July 20,
                                                2009, Susp.
    Twinsburg, City of, Summit         390534  September 18,      ......do..............   Do.
     County.                                    1973, Emerg;
                                                February 4,
                                                1981, Reg; July
                                                20, 2009, Susp.
Wisconsin:
    Amherst, Village of,               550338  April 2, 1975,     ......do..............   Do.
     Portage County.                            Emerg; January
                                                17, 1991, Reg;
                                                July 20, 2009,
                                                Susp.
    Nelsonville, Village of,           550339  July 1, 1975,      ......do..............   Do.
     Portage County.                            Emerg; September
                                                1, 1986, Reg;
                                                July 20, 2009,
                                                Susp.
    Plover, Village of, Portage        550340  April 23, 1974,    ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1984, Reg; July
                                                20, 2009, Susp.
    Portage County,                    550572  February 10,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                June 1, 1983,
                                                Reg; July 20,
                                                2009, Susp.
    Rosholt, Village of,               550341  June 24, 1975,     ......do..............   Do.
     Portage County.                            Emerg; September
                                                1, 1988, Reg;
                                                July 20, 2009,
                                                Susp.
    Stevens Point, City of,            550342  August 2, 1974,    ......do..............   Do.
     Portage County.                            Emerg; June 1,
                                                1983, Reg; July
                                                20, 2009, Susp.
    Whiting, Village of,               550607  February 15,       ......do..............   Do.
     Portage County.                            1984, Emerg;
                                                February 15,
                                                1984, Reg; July
                                                20, 2009, Susp.
 
           Region VI
 
Oklahoma:
    Cache, Town of, Comanche           400048  March 10, 1975,    ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1987, Reg; July
                                                20, 2009, Susp.
    Faxon, Town of, Comanche           400522  NA , Emerg; June   ......do..............   Do.
     County.                                    20, 2008, Reg;
                                                July 20, 2009,
                                                Susp.
    Indiahoma, Town of,                400287  June 24, 1977,     ......do..............   Do.
     Comanche County.                           Emerg; April 15,
                                                1982, Reg; July
                                                20, 2009, Susp.
    Lawton, City of, Comanche          400049  November 15,       ......do..............   Do.
     County.                                    1973, Emerg;
                                                December 1,
                                                1978, Reg; July
                                                20, 2009, Susp.
    Sterling, Town of, Comanche        400414  February 19,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                July 5, 1978,
                                                Reg; July 20,
                                                2009, Susp.
 
          Region VIII
South Dakota:
    Corona, Town of, Roberts           460071  September 25,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                March 4, 1987,
                                                Reg; July 20,
                                                2009, Susp.
    Roberts County,                    460286  February 21,       ......do..............   Do.
     Unincorporated Areas.                      1980, Emerg;
                                                October 1, 1986,
                                                Reg; July 20,
                                                2009, Susp.
    Sisseton, City of, Roberts         460072  May 14, 1975,      ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1986, Reg; July
                                                20, 2009, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.



[[Page 35812]]

    Dated: July 7, 2009.
Deborah S. Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate.
[FR Doc. E9-17211 Filed 7-20-09; 8:45 am]
BILLING CODE 9110-12-P