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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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Start Preamble

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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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, Start Printed Page 318581993, 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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

End List of Subjects Start Amendment Part

Accordingly,

End Amendment Part Start Part

PART 64—[AMENDED]

End Part Start Amendment Part

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

End Amendment Part Start Authority

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 I
Massachusetts:
Acushnet, City of, Bristol County250048April 3, 1981, Emerg; July 19, 1982, Reg; July 7, 2009, SuspJuly 7, 2009July 7, 2009.
Attleboro, City of, Bristol County250049August 16, 1974, Emerg; September 29, 1978, Reg; July 7, 2009, Susp......do*  Do.
Berkley, Town of, Bristol County250050February 19, 1974, Emerg; July 3, 1978, Reg; July 7, 2009, Susp......do  Do.
Dartmouth, Town of, Bristol County250051September 10, 1971, Emerg; August 15, 1977, Reg; July 7, 2009, Susp......do  Do.
Dighton, Town of, Bristol County250052March 9, 1973, Emerg; June 18, 1980, Reg; July 7, 2009, Susp......do  Do.
Easton, Town of, Bristol County250053August 15, 1974, Emerg; February 3, 1982, Reg; July 7, 2009, Susp......do  Do.
Fairhaven, Town of, Bristol County250054October 8, 1971, Emerg; March 16, 1976, Reg; July 7, 2009, Susp......do  Do.
Fall River, City of, Bristol County250055September 14, 1977, Emerg; September 30, 1981, Reg; July 7, 2009, Susp......do  Do.
Freetown, Town of, Bristol County250056August 11, 1975, Emerg; June 18, 1980, Reg; July 7, 2009, Susp......do  Do.
Mansfield, Town of, Bristol County250057January 28, 1972, Emerg; April 1, 1977, Reg; July 7, 2009, Susp......do  Do.
New Bedford, City of, Bristol County255216February 25, 1972, Emerg; July 6, 1973, Reg; July 7, 2009, Susp......do  Do.
North Attleborough, Town of, Bristol County250059February 10, 1975, Emerg; September 14, 1979, Reg; July 7, 2009, Susp......do  Do.
Norton, Town of, Bristol County250060March 20, 1974, Emerg; June 1, 1979, Reg; July 7, 2009, Susp......do  Do.
Raynham, Town of, Bristol County250061June 23, 1975, Emerg; July 2, 1980, Reg; July 7, 2009, Susp......do  Do.
Rehoboth, Town of, Bristol County250062February 11, 1972, Emerg; September 1, 1977, Reg; July 7, 2009, Susp......do  Do.
Salisbury, Town of, Bristol County250103November 17, 1972, Emerg; May 2, 1977, Reg; July 7, 2009, Susp......do  Do.
Seekonk, Town of, Bristol County250063July 25, 1975, Emerg; September 5, 1979, Reg; July 7, 2009, Susp......do  Do.
Somerset, Town of, Bristol County255220November 13, 1970, Emerg; March 17, 1972, Reg; July 7, 2009, Susp......do  Do.
Swansea, Town of, Bristol County255221June 12, 1970, Emerg; August 6, 1971, Reg; July 7, 2009, Susp......do  Do.
Taunton, City of, Bristol County250066June 11, 1973, Emerg; June 18, 1980, Reg; July 7, 2009, Susp......do  Do.
Westport, Town of, Bristol County255224August 7, 1970, Emerg; July 16, 1971, Reg; July 7, 2009, Susp......do  Do.
Maine:
Andover, Town of, Oxford County230160October 31, 1975, Emerg; January 3, 1985, Reg; July 7, 2009, Susp......do  Do.
Bethel, Town of, Oxford County230088August 18, 1975, Emerg; May 2, 1991, Reg; July 7, 2009, Susp......do  Do.
Buckfield, Town of, Oxford County230090August 5, 1975, Emerg; November 1, 1985, Reg; July 7, 2009, Susp......do  Do.
Byron, Town of, Oxford County230330July 15, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp......do  Do.
Canton, Town of, Oxford County230091July 3, 1975, Emerg; November 3, 1989, Reg; July 7, 2009, Susp......do  Do.
Start Printed Page 31859
Denmark, Town of, Oxford County230476May 7, 1976, Emerg; July 2, 1980, Reg; July 7, 2009, Susp......do  Do.
Dixfield, Town of, Oxford County230092June 23, 1975, Emerg; March 4, 1985, Reg; July 7, 2009, Susp......do  Do.
Fryeburg, Town of, Oxford County230093April 7, 1975, Emerg; July 16, 1980, Reg; July 7, 2009, Susp......do  Do.
Greenwood, Town of, Oxford County230332June 24, 1976, Emerg; September 4, 1985, Reg; July 7, 2009, Susp......do  Do.
Hanover, Town of, Oxford County230333August 11, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp......do  Do.
Hartford, Town of, Oxford County230334May 21, 1976, Emerg; November 1, 1985, Reg; July 7, 2009, Susp......do  Do.
Hebron, Town of, Oxford County230335April 21, 1976, Emerg; December 31, 1976, Reg; July 7, 2009, Susp......do  Do.
Hiram, Town of, Oxford County230094July 30, 1975, Emerg; February 1, 1980, Reg; July 7, 2009, Susp......do  Do.
Lovell, Town of, Oxford County230336July 15, 1975, Emerg; February 17, 1989, Reg; July 7, 2009, Susp......do  Do.
Mexico, Town of, Oxford County230095November 17, 1972, Emerg; August 15, 1977, Reg; July 7, 2009, Susp......do  Do.
Milton, Township of, Oxford County230460March 19, 1975, Emerg; April 17, 1987, Reg; July 7, 2009, Susp......do  Do.
Newry, Town of, Oxford County230337December 30, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp......do  Do.
Norway, Town of, Oxford County230096November 11, 1974, Emerg; September 4, 1991, Reg; July 7, 2009, Susp......do  Do.
Otisfield, Town of, Oxford County230203January 29, 1976, Emerg; May 19, 1981, Reg; July 7, 2009, Susp......do  Do.
Oxford, Town of, Oxford County230869July 16, 1975, Emerg; May 2, 1991, Reg; July 7, 2009, Susp......do  Do.
Paris, Town of, Oxford County230097February 28, 1975, Emerg; September 27, 1991, Reg; July 7, 2009, Susp......do  Do.
Peru, Town of, Oxford County230098October 24, 1975, Emerg; May 17, 1990, Reg; July 7, 2009, Susp......do  Do.
Porter, Town of, Oxford County230338October 7, 1976, Emerg; December 4, 1979, Reg; July 7, 2009, Susp......do  Do.
Roxbury, Town of, Oxford County230181October 24, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp......do  Do.
Rumford, Town of, Oxford County230099March 9, 1973, Emerg; July 16, 1980, Reg; July 7, 2009, Susp......do  Do.
Stoneham, Town of, Oxford County230340October 1, 1975, Emerg; January 3, 1986, Reg; July 7, 2009, Susp......do  Do.
Stow, Town of, Oxford County230186February 20, 1976, Emerg; November 14, 1978, Reg; July 7, 2009, Susp......do  Do.
Sumner, Town of, Oxford County230187August 5, 1975, Emerg; September 27, 1985, Reg; July 7, 2009, Susp......do  Do.
Sweden, Town of, Oxford County230341July 22, 1975, Emerg; October 31, 1978, Reg; July 7, 2009, Susp......do  Do.
Region III
Virginia:
Brunswick County, Unincorporated Areas510236April 4, 1974, Emerg; February 6, 1991, Reg; July 7, 2009, Susp......do  Do.
Emporia, City of, Independent City510047February 5, 1974, Emerg; September 30, 1977, Reg; July 7, 2009, Susp......do  Do.
Greensville County, Unincorporated Areas510073February 25, 1974, Emerg; September 29, 1978, Reg; July 7, 2009, Susp......do  Do.
Jarratt, Town of, Greensville County510263March 5, 1975, Emerg; October 8, 1982, Reg; July 7, 2009, Susp......do  Do.
Lawrenceville, Town of, Brunswick County510023May 28, 1974, Emerg; July 17, 1978, Reg; July 7, 2009, Susp......do  Do.
Stony Creek, Town of, Sussex County510159April 9, 1974, Emerg; September 16, 1982, Reg; July 7, 2009, Susp......do  Do.
Sussex County, Unincorporated Areas510192December 11, 1973, Emerg; March 2, 1983, Reg; July 7, 2009, Susp......do  Do.
West Virginia: Berkeley County, Unincorporated Areas540282July 29, 1975, Emerg; August 4, 1988, Reg; July 7, 2009, Susp......do  Do.
Region IV
Alabama:
Ardmore, Town of, Limestone County010306July 9, 1979, Emerg; April 15, 1986, Reg; July 7, 2009, Susp......do  Do.
Start Printed Page 31860
Athens, City of, Limestone County010146April 11, 1974, Emerg; September 28, 1979, Reg; July 7, 2009, Susp......do  Do.
Limestone County, Unincorporated Areas010307September 2, 1975, Emerg; July 16, 1981, Reg; July 7, 2009, Susp......do  Do.
Mooresville, Town of, Limestone County010455December 23, 2008, Emerg; NA, Reg; July 7, 2009, Susp......do  Do.
Kentucky: Liberty, City of, Cassey County210054May 12, 1975, Emerg; July 3, 1986, Reg; July 7, 2009, Susp......do  Do.
North Carolina:
Cajahs Mountain, Town of, Caldwell County370452NA, Emerg; March 6, 1990, Reg; July 7, 2009, Susp......do  Do.
Caldwell County, Unincorporated Areas370039June 19, 1978, Emerg; August 16, 1988, Reg; July 7, 2009, Susp......do  Do.
Gamewell, Town of, Caldwell County370451NA, Emerg; February 15, 2000, Reg; July 7, 2009, Susp......do  Do.
Granite Falls, Town of, Caldwell County370414August 9, 1988, Emerg; August 16, 1988, Reg; July 7, 2009, Susp......do  Do.
Hudson, Town of, Caldwell County370450NA, Emerg; March 6, 1990, Reg; July 7, 2009, Susp......do  Do.
Lenoir, City of, Caldwell County370040March 29, 1978, Emerg; August 16, 1988, Reg; July 7, 2009, Susp......do  Do.
Region V
Ohio:
Centerburg, Village of, Knox County390307June 27, 1975, Emerg; January 6, 1982, Reg; July 7, 2009, Susp......do  Do.
Danville, Village of, Knox County390308June 12, 1975, Emerg; August 24, 1984, Reg; July 7, 2009, Susp......do  Do.
Gambier, Village of, Knox County390310February 3, 1976, Emerg; January 30, 1981, Reg; July 7, 2009, Susp......do  Do.
Knox County, Unincorporated Areas390306NA, Emerg; October 27, 1993, Reg; July 7, 2009, Susp......do  Do.
Mount Vernon, City of, Knox County390311January 21, 1974, Emerg; August 2, 1982, Reg; July 7, 2009, Susp......do  Do.
Region X
Idaho:
Bannock County, Unincorporated Areas160009April 30, 1974, Emerg; September 5, 1979, Reg; July 7, 2009, Susp......do  Do.
Downey, City of, Bannock County160165February 8, 1985, Emerg; February 8, 1985, Reg; July 7, 2009, Susp......do  Do.
Inkom, City of, Bannock County160010July 16, 1975, Emerg; September 15, 1978, Reg; July 7, 2009, Susp......do  Do.
Lava Hot Springs, City of, Bannock County160011May 20, 1975, Emerg; August 1, 1979, Reg; July 7, 2009, Susp......do  Do.
McCammon, City of, Bannock County160176December 21, 1978, Emerg; December 21, 1978, Reg; July 7, 2009, Susp......do  Do.
Pocatello, City of, Bannock County160012February 7, 1974, Emerg; May 1, 1980, Reg; July 7, 2009, Susp......do  Do.
* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: June 23, 2009.

Deborah Ingram,

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

End Signature End Supplemental Information

[FR Doc. E9-15871 Filed 7-2-09; 8:45 am]

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