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Rule

Suspension of Community Eligibility

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Information about this document as published in the Federal Register.

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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 from the NFIP 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.

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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.

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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, FEMA is suspending these communities from the NFIP on the effective date identified in the third column of the chart below. 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. FEMA will publish in the Federal Register a notice withdrawing the suspension of those communities that submit the required documention before the applicable suspension date(s).

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. Start Printed Page 12635

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.

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List of Subjects in 44 CFR Part 64

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Accordingly,

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PART 64—[AMENDED]

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1. The authority citation for part 64 continues to read as follows:

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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.

End Authority
[Amended]
Start Amendment Part

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

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region IV
Alabama:
Monroe County, Unincorporated Areas010325December 21, 1978, Emerg; June 4, 1990, Reg; March 25, 2009, Susp.Feb. 04, 2009Mar. 25, 2009.
Monroeville, City of, Monroe County010173July 2, 1975, Emerg; March 18, 1985, Reg; March 25, 2009, Susp.......*do  Do.
Florida:
Chattahoochee, City of, Gadsden County120092June 21, 1974, Emerg; September 4, 1987, Reg; March 25, 2009, Susp.......do  Do.
Columbia County, Unincorporated Areas120070December 16, 1975, Emerg; January 6, 1988, Reg; March 25, 2009, Susp.......do  Do.
Gadsden County, Unincorporated Areas120091July 10, 1975, Emerg; May 2, 1991, Reg; March 25, 2009, Susp.......do  Do.
Havana, Town of, Gadsden County120411June 12, 1979, Emerg; June 17, 1986, Reg; March 25, 2009, Susp.......do  Do.
Lake Butler, City of, Union County120595March 24, 1978, Emerg; July 3, 1986, Reg; March 25, 2009, Susp.......do  Do.
Lake City, City of, Columbia County120406October 2, 1975, Emerg; January 6, 1988, Reg; March 25, 2009, Susp.......do  Do.
Quincy, City of, Gadsden County120093July 11, 1975, Emerg; February 1, 1987, Reg; March 25, 2009, Susp.......do  Do.
Union County, Unincorporated Areas120422August 22, 1979, Emerg; August 4, 1988, Reg; March 25, 2009, Susp.......do  Do.
Worthington Springs, City of, Union County120594May 29, 1980, Emerg; June 3, 1986, Reg; March 25, 2009, Susp.......do  Do.
North Carolina:
Aulander, City of, Bertie County370018June 27, 2000, Emerg; — Reg; March 25, 2009, Susp.......do  Do.
Avery County, Unincorporated Areas370010February 12, 1976, Emerg; September 28, 1990, Reg; March 25, 2009, Susp.......do  Do.
Bakersville, Town of, Mitchell County370162October 16, 1979, Emerg; May 1, 1987, Reg; March 25, 2009, Susp.......do  Do.
Bertie County, Unincorporated Areas370290December 4, 1985, Emerg; December 4, 1985, Reg; March 25, 2009, Susp.......do  Do.
Chowan County, Unincorporated Areas370301August 25, 1977, Emerg; July 3, 1985, Reg; March 25, 2009, Susp.......do  Do.
Conway, Town of, Northampton County370174June 10, 1975, Emerg; August 1, 1987, Reg; March 25, 2009, Susp.......do  Do.
Gaston, Town of, Northampton County370413January 9, 1980, Emerg; — Reg; March 25, 2009, Susp.......do  Do.
Jackson, Town of, Northampton County370175March 29, 1976, Emerg; July 2, 1987, Reg; March 25, 2009, Susp.......do  Do.
Lasker, Town of, Northampton County370580February 10, 2006, Emerg; — Reg; March 25, 2009, Susp.......do  Do.
McDowell County, Unincorporated Areas370148January 23, 1974, Emerg; July 15, 1988, Reg; March 25, 2009, Susp.......do  Do.
Mitchell County, Unincorporated Areas370161July 18, 1979, Emerg; September 4, 1986, Reg; March 25, 2009, Susp.......do  Do.
Northampton County, Unincorporated Areas370173July 24, 1975, Emerg; November 4, 1988, Reg; March 25, 2009, Susp.......do  Do.
Roxobel, Town of, Bertie County370605November 26, 2002, Emerg; — Reg; March 25, 2009, Susp.......do  Do.
Severn, Town of, Northampton County370422February 13, 1984, Emerg; February 1, 1987, Reg; March 25, 2009, Susp.......do  Do.
Spruce Pine, Town of, Mitchell County370163July 7, 1975, Emerg; September 2, 1988, Reg; March 25, 2009, Susp.......do  Do.
Windsor, Town of, Bertie County370019March 14, 1974, Emerg; July 18, 1977, Reg; March 25, 2009, Susp.......do  Do.
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Woodland, Town of, Northampton County370177March 27, 1979, Emerg; March 1, 1987, Reg; March 25, 2009, Susp.......do  Do.
South Carolina: James Island, Town of, Charleston County450263June 30, 1970, Emerg; April 23, 1971, Reg; March 25, 2009, Susp.......do
Tennessee:
Jasper, Town of, Marion County475429July 30, 1971, Emerg; February 26, 1972, Reg; March 25, 2009, Susp.......do  Do.
Kimball, Town of, Marion County470116July 1, 1975, Emerg; May 19, 1987, Reg; March 25, 2009, Susp.......do  Do.
Marion County, Unincorporated Areas470114October 23, 1973, Emerg; May 15, 1980, Reg; March 25, 2009, Susp.......do  Do.
New Hope, City of, Marion County470377October 5, 1981, Emerg; September 27, 1985, Reg; March 25, 2009, Susp.......do  Do.
South Pittsburg, City of, Marion County475447July 9, 1971, Emerg; April 14, 1972, Reg; March 25, 2009, Susp.......do  Do.
Region V
Illinois:
Joliet, City of, Kendall County170702April 13, 1973, Emerg; February 4, 1981, Reg; March 25, 2009, Susp.......do  Do.
Kendall County, Unincorporated Areas170341July 5, 1973, Emerg; July 19, 1982, Reg; March 25, 2009, Susp.......do  Do.
Lisbon, Village of, Kendall County170342June 11, 1982, Emerg; June 11, 1982, Reg; March 25, 2009, Susp.......do  Do.
Millbrook, Village of, Kendall County171193— Emerg; — Reg; March 25, 2009, Susp.......do  Do.
Millington, Village of, Kendall County170343May 28, 1975, Emerg; June 1, 1982, Reg; March 25, 2009, Susp.......do  Do.
Minooka, Village of, Kendall County171019— Emerg; March 12, 1992, Reg; March 25, 2009, Susp.......do  Do.
Newark, Village of, Kendall County170344April 28, 1975, Emerg; June 1, 1982, Reg; March 25, 2009, Susp.......do  Do.
Oswego, Village of, Kendall County170345April 16, 1975, Emerg; June 1, 1982, Reg; March 25, 2009, Susp.......do  Do.
Plainfield, Village of, Kendall County170771May 21, 1975, Emerg; November 17, 1982, Reg; March 25, 2009, Susp.......do  Do.
Plano, City of, Kendall County170346March 7, 1975, Emerg; September 30, 1976, Reg; March 25, 2009, Susp.......do  Do.
Wisconsin:
Appleton, City of, Calumet County555542April 23, 1971, Emerg; April 6, 1973, Reg; March 25, 2009, Susp.......do  Do.
Brillion, City of, Calumet County550036April 22, 1975, Emerg; June 15, 1981, Reg; March 25, 2009, Susp.......do  Do.
Calumet County, Unincorporated Areas550035November 26, 1976, Emerg; May 3, 1982, Reg; March 25, 2009, Susp.......do  Do.
Chilton, City of, Calumet County550037June 11, 1975, Emerg; March 16, 1981, Reg; March 25, 2009, Susp.......do  Do.
Kiel, City of, Calumet County550239July 10, 1975, Emerg; January 3, 1985, Reg; March 25, 2009, Susp.......do  Do.
Menasha, City of, Calumet County550510April 25, 1973, Emerg; April 3, 1978, Reg; March 25, 2009, Susp.......do  Do.
New Holstein, City of, Calumet County550039October 16, 1974, Emerg; July 2, 1981, Reg; March 25, 2009, Susp.......do  Do.
Potter, Village of, Calumet County550609— Emerg; July 30, 1996, Reg; March 25, 2009, Susp.......do  Do.
Stockbridge, Village of, Calumet County550040August 25, 1975, Emerg; May 3, 1982, Reg; March 25, 2009, Susp.......do  Do.
Region VII
Nebraska:
McCook, City of, Red Willow County310181February 6, 1978, Emerg; May 2, 1983, Reg; March 25, 2009, Susp.......do  Do.
Red Willow County, Unincorporated Areas310469June 18, 1984, Emerg; May 1, 1988, Reg; March 25, 2009, Susp.......do  Do.
* do = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
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Dated: January 15, 2009.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E9-6587 Filed 3-24-09; 8:45 am]

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