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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]
 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 
                    ( print 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
 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:Charlotte County, Unincorporated Areas
510333
November 26, 1996, Emerg; November 1, 1997, Reg; July 20, 2009, Susp
July 20, 2009
July 20, 2009.Drakes Branch, Town of, Charlotte County
510032
October 18, 1974, Emerg; June 11, 1982, Reg; July 20, 2009, Susp
......*do
Do.King William County, Unincorporated Areas
510304
May 22, 1975, Emerg; February 6, 1991, Reg; July 20, 2009, Susp
......do
Do.Lunenburg County, Unincorporated Areas
510309
October 5, 1978, Emerg; February 25, 1983, Reg; July 20, 2009, Susp
......do
Do.Phenix, Town of, Charlotte County
510302
July 8, 1975, Emerg; February 25, 1983, Reg; July 20, 2009, Susp
......do
Do.West Point, Town of, King William County
510083
April 16, 1975, Emerg; June 18, 1990, Reg; July 20, 2009, Susp
......do
Do.**Region IV**North Carolina:Gates County, Unincorporated Areas
370103
March 4, 1976, Emerg; July 16, 1991, Reg; July 20, 2009, Susp
......do
Do.Gatesville, Town of, Gates County
370104
July 8, 1975, Emerg; May 13, 1977, Reg; July 20, 2009, Susp
......do
Do.**Region V**Ohio:Akron, City of, Summit County
390523
February 18, 1975, Emerg; February 18, 1981, Reg; July 20, 2009, Susp
......do
Do.Barberton, City of, Summit County
390524
September 13, 1974, Emerg; January 16, 1981, Reg; July 20, 2009, Susp
......do
Do.Boston Heights, Village of, Summit County
390749
November 16, 1976, Emerg; February 18, 1981, Reg; July 20, 2009, Susp
......do
Do.Clinton, Village of, Summit County
390525
June 9, 1975, Emerg; July 2, 1980, Reg; July 20, 2009, Susp
......do
Do.Cuyahoga Falls, City of, Summit County
390526
February 27, 1975, Emerg; February 18, 1981, Reg; July 20, 2009, Susp
......do
Do.Fairlawn, City of, Summit County
390657
December 29, 1975, Emerg; January 16, 1981, Reg; July 20, 2009, Susp
......do
Do.Green, City of, Summit County
390927
NA, Emerg; May 29, 2002, Reg; July 20, 2009, Susp
......do
Do.Hudson, City of, Summit County
390660
May 19, 1975, Emerg; September 30, 1980, Reg; July 20, 2009, Susp
......do
Do.( print page 35811)Lakemore, Village of, Summit County
390527
August 8, 1975, Emerg; May 25, 1978, Reg; July 20, 2009, Susp
......do
Do.Macedonia, City of, Summit County
390750
November 11, 1976, Emerg; February 4, 1981, Reg; July 20, 2009, Susp
......do
Do.Mogadore, Village of, Summit County
390528
June 11, 1975, Emerg; September 3, 1979, Reg; July 20, 2009, Susp
......do
Do.Munroe Falls, City of, Summit County
390843
October 26, 1988, Emerg; May 16, 1994, Reg; July 20, 2009, Susp
......do
Do.Norton, City of, Summit County
390529
July 2, 1975, Emerg; January 16, 1981, Reg; July 20, 2009, Susp
......do
Do.Peninsula, Village of, Summit County
390530
June 25, 1975, Emerg; March 2, 1979, Reg; July 20, 2009, Susp
......do
Do.Reminderville, Village of, Summit County
390855
July 9, 1980, Emerg; May 17, 1990, Reg; July 20, 2009, Susp
......do
Do.Stow, City of, Summit County
390532
November 12, 1973, Emerg; July 17, 1978, Reg; July 20, 2009, Susp
......do
Do.Summit County, Unincorporated Areas
390781
November 21, 1975, Emerg; April 15, 1981, Reg; July 20, 2009, Susp
......do
Do.Twinsburg, City of, Summit County
390534
September 18, 1973, Emerg; February 4, 1981, Reg; July 20, 2009, Susp
......do
Do.Wisconsin:Amherst, Village of, Portage County
550338
April 2, 1975, Emerg; January 17, 1991, Reg; July 20, 2009, Susp
......do
Do.Nelsonville, Village of, Portage County
550339
July 1, 1975, Emerg; September 1, 1986, Reg; July 20, 2009, Susp
......do
Do.Plover, Village of, Portage County
550340
April 23, 1974, Emerg; March 1, 1984, Reg; July 20, 2009, Susp
......do
Do.Portage County, Unincorporated Areas
550572
February 10, 1975, Emerg; June 1, 1983, Reg; July 20, 2009, Susp
......do
Do.Rosholt, Village of, Portage County
550341
June 24, 1975, Emerg; September 1, 1988, Reg; July 20, 2009, Susp
......do
Do.Stevens Point, City of, Portage County
550342
August 2, 1974, Emerg; June 1, 1983, Reg; July 20, 2009, Susp
......do
Do.Whiting, Village of, Portage County
550607
February 15, 1984, Emerg; February 15, 1984, Reg; July 20, 2009, Susp
......do
Do.**Region VI**Oklahoma:Cache, Town of, Comanche County
400048
March 10, 1975, Emerg; March 18, 1987, Reg; July 20, 2009, Susp
......do
Do.Faxon, Town of, Comanche County
400522
NA , Emerg; June 20, 2008, Reg; July 20, 2009, Susp
......do
Do.Indiahoma, Town of, Comanche County
400287
June 24, 1977, Emerg; April 15, 1982, Reg; July 20, 2009, Susp
......do
Do.Lawton, City of, Comanche County
400049
November 15, 1973, Emerg; December 1, 1978, Reg; July 20, 2009, Susp
......do
Do.Sterling, Town of, Comanche County
400414
February 19, 1976, Emerg; July 5, 1978, Reg; July 20, 2009, Susp
......do
Do.**Region VIII**South Dakota:Corona, Town of, Roberts County
460071
September 25, 1975, Emerg; March 4, 1987, Reg; July 20, 2009, Susp
......do
Do.Roberts County, Unincorporated Areas
460286
February 21, 1980, Emerg; October 1, 1986, Reg; July 20, 2009, Susp
......do
Do.Sisseton, City of, Roberts County
460072
May 14, 1975, Emerg; May 1, 1986, Reg; July 20, 2009, Susp
......do
Do.*do = Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
 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