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Rule

Suspension of Community Eligibility

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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 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.

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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, 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 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.

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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.

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

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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 III
Virginia:
Bath County, Unincorporated Areas510196September 10, 1984, Emerg; September 16, 1975, Reg; April 14, 2009, SuspApril 2, 2009April 14, 2009.
Craig County, Unincorporated Areas510313August 12, 1975, Emerg; February 2, 1990, Reg; April 14, 2009, Susp*......do  Do.
Dendron, Town of, Surry County510300May 22, 1975, Emerg; July 16, 1982, Reg; April 14, 2009, Susp......do  Do.
New Castle, Town of, Craig County510340N/A, Emerg; February 22, 1990, Reg; April 14, 2009, Susp......do  Do.
Richmond, City of, Independent County510129August 29, 1973, Emerg; June 15, 1979, Reg; April 14, 2009, Susp......do  Do.
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Surry County, Unincorporated Areas510157March 25, 1974, Emerg; November 2, 1990, Reg; April 14, 2009, Susp......do  Do.
Region V
Illinois:
Eldred, Village of, Greene County170251June 15, 1981, Emerg; June 15, 1981, Reg; April 14, 2009, Susp......do  Do.
Elsah, Village of, Jersey County170313March 1, 1974, Emerg; February 18, 1981, Reg; April 14, 2009, Susp......do  Do.
Greene County, Unincorporated Areas170901April 17, 1979, Emerg; August 5, 1985, Reg; April 14, 2009, Susp......do  Do.
Greenfield, City of, Greene County170252July 5, 1979, Emerg; June 17, 1986, Reg; April 14, 2009, Susp......do  Do.
Jersey County, Unincorporated Areas170312April 1, 1974, Emerg; February 1, 1984, Reg; April 14, 2009, Susp......do  Do.
Jerseyville, City of, Jersey County170315June 17, 1981, Emerg; July 18, 1985, Reg; April 14, 2009, Susp......do  Do.
Wisconsin:
Cascade, Village of, Sheboygan County550425January 20, 1976, Emerg; October 15, 1981, Reg; April 14, 2009, Susp......do  Do.
Howards Grove, Village of, Sheboygan County550608November 14, 1983, Emerg;—, Reg; April 14, 2009, Susp......do  Do.
Kohler, Village of, Sheboygan County550426May 13, 1975, Emerg; April 2, 1991, Reg; April 14, 2009, Susp......do  Do.
Oostburg, Village of, Sheboygan County550427N/A, Emerg; August 31, 1998, Reg; April 14, 2009, Susp......do  Do.
Plymouth, City of, Sheboygan County550428February 14, 1975, Emerg; July 5, 1983, Reg; April 14, 2009, Susp......do  Do.
Random Lake, Village of, Sheboygan County550429July 30, 1975, Emerg; April 1, 1981, Reg; April 14, 2009, Susp......do  Do.
Sheboygan, City of, Sheboygan County550430April 23, 1971, Emerg; March 15, 1977, Reg; April 14, 2009, Susp......do  Do.
Sheboygan County, Unincorporated Areas550424April 4, 1973, Emerg; July 17, 1978, Reg; April 14, 2009, Susp......do  Do.
Sheboygan Falls, City of, Sheboygan County550431June 10, 1975, Emerg; April 2, 1991, Reg; April 14, 2009, Susp......do  Do.
Region VI
Louisiana:
Lincoln Parrish, Unincorporated Areas230366August 9, 1990, Emerg; March 1, 1991, Reg; April 14, 2009, Susp......do  Do.
Ruston, City of, Lincoln Parrish220347February 19, 1975, Emerg; June 15, 1981, Reg; April 14, 2009, Susp......do  Do.
Region VIII
Utah:
Enterprise, City of, Washington County490169June 27, 1986, Emerg; April 1, 1987, Reg; April 14, 2009, Susp......do  Do.
Hurricane, City of, Washington County490172August 5, 1975, Emerg; February 2, 1984, Reg; April 14, 2009, Susp......do  Do.
Ivins, City of, Washington County490173October 21, 1974, Emerg; August 23, 1982, Reg; April 14, 2009, Susp......do  Do.
LaVerkin, City of, Washington County490174September 3, 1975, Emerg; February 2, 1984, Reg; April 14, 2009, Susp......do  Do.
Leeds, Town of, Washington County490175August 11, 1978, Emerg; February 2, 1984, Reg; ,April 14, 2009 Susp......do  Do.
Moab, City of, Grand County490072September 17, 1974, Emerg; June 4, 1980, Reg; April 14, 2009, Susp......do  Do.
Santa Clara, City of, Washington County490178August 7, 1975, Emerg; August 5, 1986, Reg; April 14, 2009, Susp......do  Do.
St. George, City of, Washington County490177August 28, 1974, Emerg; August 19, 1987, Reg; April 14, 2009, Susp......do  Do.
Toquerville, Town of, Washington County490180July 20, 1984, Emerg; February 9, 1986, Reg; April 14, 2009, Susp......do  Do.
Virgin, Town of, Washington County490181June 25, 1975, Emerg; August 5, 1986, Reg; April 14, 2009, Susp......do  Do.
Washington, City of, Washington County490182July 7, 1975, Emerg; July 1, 1987, Reg; April 14, 2009, Susp......do  Do.
Washington County, Unincorporated Areas490224October 15, 1975, Emerg; March 18, 1986, Reg; April 14, 2009, Susp......do  Do.
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Region IX
California:
Carmel By The Sea, City of, Monterey County060196N/A, Emerg; December 18, 1997, Reg; April 14, 2009, Susp......do  Do.
Del Rey Oaks, City of, Monterey County060197June 23, 1978, Emerg; November 4, 1981, Reg; April 14, 2009, Susp......do  Do.
Gonzales, City of, Monterey County060198July 25, 1975, Emerg; November 18, 1981, Reg; April 14, 2009, Susp......do  Do.
Greenfield, City of, Monterey County060446January 27, 1977, Emerg; August 23, 1982, Reg; April 14, 2009, Susp......do  Do.
Monterey County, Unincorporated Areas060195March 9, 1977, Emerg; January 30, 1984, Reg; April 14, 2009, Susp......do  Do.
Pacific Grove, City of, Monterey County060201N/A, Emerg; January 12, 1998, Reg; April 14, 2009, Susp......do  Do.
* do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
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Dated: March 26, 2009.

Michael K. Buckley,

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

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[FR Doc. E9-8379 Filed 4-10-09; 8:45 am]

BILLING CODE 9110-12-P