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Rule

Suspension of Community Eligibility

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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.

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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.Start Printed Page 41057

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 III
Virginia:
Colonial Beach, Town of, Westmoreland County510172March 5, 1975, Emerg; September 18, 1987, Reg; August 18, 2009, SuspAugust 18, 2009August 18, 2009.
Westmoreland County, Unincorporated Areas510250September 23, 1974, Emerg; September 18, 1987, Reg; August 18, 2009, Susp......*do  Do.
Region IV
Alabama:
Barbour County, Unincorporated Areas010315January 20, 1976, Emerg; January 1, 1987, Reg; August 18, 2009, Susp......do  Do.
Blue Springs, Town of, Barbour County010224November 3, 1975, Emerg; September 1, 1986, Reg; August 18, 2009, Susp......do  Do.
Brent, Town of, Bibb County010012November 1, 1974, Emerg; September 4, 1985, Reg; August 18, 2009, Susp......do  Do.
Centreville, City of, Bibb County010369May 28, 1975, Emerg; August 19, 1985, Reg; August 18, 2009, Susp......do  Do.
Clayton, Town of, Barbour County010377April 11, 1990, Emerg; May 1, 1994, Reg; August 18, 2009, Susp......do  Do.
Clio, Town of, Barbour County010223December 30, 1975, Emerg; July 18, 1985, Reg; August 18, 2009, Susp......do  Do.
Double Springs, Town of, Winston County010350February 8, 1991, Emerg; September 1, 1991, Reg; August 18, 2009, Susp......do  Do.
Eufaula, City of, Barbour County010011April 10, 1975, Emerg; January 15, 1988, Reg; August 18, 2009, Susp......do  Do.
Haleyville, City of, Winston County010303October 23, 1975, Emerg; June 25, 1976, Reg; August 18, 2009, Susp......do  Do.
Louisville, Town of, Barbour County010225November 25, 1975, Emerg; September 1, 1987, Reg; August 18, 2009, Susp......do  Do.
West Blockton, Town of, Bibb County010014October 24, 1974, Emerg; September 18, 1985, Reg; August 18, 2009, Susp......do  Do.
Winston County, Unincorporated Areas010304January 14, 1991, Emerg; September 1, 1991, Reg; August 18, 2009, Susp......do  Do.
Florida:
Kenneth, City of, Pinellas County120245August 6, 1974, Emerg; January 16, 1981, Reg; August 18, 2009, Susp......do  Do.
Leon County, Unincorporated Areas120143June 4, 1973, Emerg; March 3, 2000, Reg; August 18, 2009, Susp......do  Do.
Pinellas Park, City of, Pinellas County120251October 8, 1971, Emerg; August 15, 1977, Reg; August 18, 2009, Susp......do  Do.
Tallahassee, City of, Leon County120144March 10, 1972, Emerg; December 6, 1976, Reg; August 18, 2009, Susp......do  Do.
Georgia:
Baker County, Unincorporated Areas130270August 18, 1994, Emerg; June 19, 1997, Reg; August 18, 2009, Susp......do  Do.
Butts County, Unincorporated Areas130518January 24, 1995, Emerg; March 18, 1996, Reg; August 18, 2009, Susp......do  Do.
Cairo, City of, Grady County130097May 30, 1975, Emerg; September 1, 1986, Reg; August 18, 2009, Susp......do  Do.
Colquitt, City of, Miller County130135July 22, 1992, Emerg; April 1, 1993, Reg; August 18, 2009, Susp......do  Do.
Flovilla, City of, Butts County130283July 13, 1976, Emerg; September 29, 1986, Reg; August 18, 2009, Susp......do  Do.
Grady County, Unincorporated Areas130096October 20, 1994, Emerg; April 1, 1996, Reg; August 18, 2009, Susp......do  Do.
Ideal, City of, Grady County130520February 1, 1995, Emerg; April 3, 1996, Reg; August 18, 2009, Susp
Jackson, City of, Butts County130222July 8, 1975, Emerg; September 29, 1986, Reg; August 18, 2009, Susp......do  Do.
Jenkinsburg, Town of, Butts County130525January 3, 2001, Emerg; NA, Reg; August 18, 2009, Susp......do  Do.
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Macon County, Unincorporated Areas130506September 22, 1994, Emerg; April 3, 1996, Reg; August 18, 2009, Susp......do  Do.
Marshallville, Town of, Macon County130536NA, Emerg; March 19, 1999, Reg; August 18, 2009, Susp......do  Do.
Miller County, Unincorporated Areas130134November 29, 1994, Emerg; NA, Reg; August 18, 2009, Susp......do  Do.
Montezuma, City of, Macon County130136February 21, 1975, Emerg; August 1, 1986, Reg; August 18, 2009, Susp......do  Do.
Newton, City of, Baker County130004May 29, 1975, Emerg; September 1, 1986, Reg; August 18, 2009, Susp......do  Do.
Oglethorpe, City of, Macon County130133February 22, 1975, Emerg; September 29, 1986, Reg; August 18, 2009, Susp......do  Do.
Unified Government of, Webster County135268February 27, 2006, Emerg; NA, Reg; August 18, 2009, Susp......do  Do.
North Carolina:
Mount Airy, City of, Surry County370226May 28, 1975, Emerg; December 1, 1981, Reg; August 18, 2009, Susp......do  Do.
Surry County, Unincorporated Areas370364November 9, 1979, Emerg; December 1, 1981, Reg; August 18, 2009, Susp......do  Do.
Region V
Illinois:
Bluffs, Village of, Scott County170608April 28, 1983, Emerg; April 28, 1983, Reg; August 18, 2009, Susp......do  Do.
Meredosia, Village of, Morgan County170517March 13, 1974, Emerg; April 15, 1982, Reg; August 18, 2009, Susp......do  Do.
Morgan County, Unincorporated Areas170903April 4, 1979, Emerg; January 17, 1986, Reg; August 18, 2009, Susp......do  Do.
Ohio:
Ashland County, Unincorporated Areas390759April 20, 1982, Emerg; January 1, 1988, Reg; August 18, 2009, Susp......do  Do.
Creston, Village of, Wayne County390575NA, Emerg; October 17, 1994, Reg; August 18, 2009, Susp......do  Do.
Perrysville, Village of, Ashland County390730April 6, 1976, Emerg; August 1, 1987, Reg; August 18, 2009, Susp......do  Do.
Streetsboro, City of, Portage County390797April 16, 1976, Emerg; December 18, 1984, Reg; August 18, 2009, Susp......do  Do.
Windham, Village of, Portage County390459October 14, 1976, Emerg; December 14, 1979, Reg; August 18, 2009, Susp......do  Do.
Wisconsin:
Bellevue, Village of, Brown County550627NA, Emerg; February 9, 2005, Reg; August 18, 2009, Susp......do  Do.
Brown County, Unincorporated Areas550020March 10, 1972, Emerg; April 17, 1978, Reg; August 18, 2009, Susp......do  Do.
De Pere, City of, Brown County550021June 12, 1975, Emerg; July 2, 1981, Reg; August 18, 2009, Susp......do  Do.
Green Bay, City of, Brown County550022August 30, 1974, Emerg; September 30, 1977, Reg; August 18, 2009, Susp......do  Do.
Pulaski, Village of, Brown County550024February 27, 1976, Emerg; August 3, 1981, Reg; August 18, 2009, Susp......do  Do.
Region VII
Kansas:
Basehor, City of, Leavenworth County200187August 6, 1975, Emerg; December 7, 1984, Reg; August 18, 2009, Susp......do  Do.
Leavenworth, City of, Leavenworth County200190May 1, 1973, Emerg; January 5, 1978, Reg; August 18, 2009, Susp......do  Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Start Printed Page 41059

Dated: August 11, 2009.

Deborah Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate.

End Signature End Supplemental Information

[FR Doc. E9-19540 Filed 8-13-09; 8:45 am]

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