E9-6671. Suspension of Community Eligibility

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, [phone].

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.

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

[Amended]

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
Pennsylvania:
Camp Hill, Borough of, Cumberland County	420357	October 20, 1972, Emerg; March 15, 1977, Reg; Date of publication in the Federal Register, Susp.	03/16/2009	Date of publication in the Federal Register.
Carlisle, Borough of, Cumberland County	425382	May 14, 1971, Emerg; September 1, 1972, Reg; Date of publication in the Federal Register, Susp.	......*do	Do.
Dickinson, Township of, Cumberland County	421580	November 20, 1975, Emerg; April 20, 1979, Reg; Date of publication in the Federal Register, Susp.	......*do	Do.
East Pennsboro, Township of, Cumberland County	420359	December 3, 1971, Emerg; April 15, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Hampden, Township of, Cumberland County	420360	April 14, 1972, Emerg; February 15, 1978, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Hopewell, Township of, Cumberland County	421581	September 8, 1982, Emerg; June 1, 1989, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Lemoyne, Borough of, Cumberland County	420361	May 22, 1973, Emerg; December 4, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Lower Allen, Township of, Cumberland County	421016	June 23, 1972, Emerg; September 30, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Lower Frankford, Township of, Cumberland County	421018	January 16, 1974, Emerg; March 16, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Lower Mifflin, Township of, Cumberland County	421582	May 23, 1977, Emerg; October 8, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Mechanicsburg, Borough of, Cumberland County	420362	October 15, 1971, Emerg; January 16, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Middlesex, Township of, Cumberland County	420363	January 26, 1973, Emerg; June 15, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Monroe, Township of, Cumberland County	420364	February 25, 1972, Emerg; December 4, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Mount Holly Springs, Borough of, Cumberland County	420365	February 25, 1972, Emerg; March 18, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
New Cumberland, Borough of, Cumberland County	420366	November 5, 1971, Emerg; February 16, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Newburg, Borough of, Cumberland County	422405	March 10, 1976, Emerg; June 24, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Newville, Borough of, Cumberland County	421579	September 21, 1976, Emerg; December 14, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
North Middleton, Township of, Cumberland County	420367	January 12, 1973, Emerg; April 1, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
North Newton, Township of, Cumberland County	421583	February 6, 1976, Emerg; September 10, 1984, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Penn, Township of, Cumberland County	421584	November 25, 1975, Emerg; October 15, 1985, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Shippensburg, Borough of, Cumberland County	420368	January 23, 1974, Emerg; March 15, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Shippensburg, Township of, Cumberland County	421585	January 13, 1981, Emerg; November 4, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Shiremanstown, Borough of, Cumberland County	420369	March 2, 1973, Emerg; January 5, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Silver Spring, Township of, Cumberland County	420370	March 2, 1973, Emerg; May 2, 1983, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
South Middleton, Township of, Cumberland County	420371	April 19, 1973, Emerg; November 4, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
South Newton, Township of, Cumberland County	421586	April 25, 1977, Emerg; August 4, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Southampton, Township of, Cumberland County	421587	February 1, 1977, Emerg; August 4, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Upper Allen, Township of, Cumberland County	420372	December 10, 1971, Emerg; February 15, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Upper Frankford, Township of, Cumberland County	421588	August 22, 1975, Emerg; April 5, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Upper Mifflin, Township of, Cumberland County	421589	February 4, 1976, Emerg; November 26, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
West Pennsboro, Township of, Cumberland County	421590	January 14, 1976, Emerg; March 4, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Wormleysburg, Borough of, Cumberland County	420374	August 18, 1972, Emerg; February 16, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Virginia:
Accomack County, Unincorporated Areas	510001	January 10, 1974, Emerg; June 1, 1984, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Belle Haven, Town of, Accomack County	510242	Emerg; February 8, 2001, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Charles City County, Unincorporated Areas	510198	October 20, 1975, Emerg; September 5, 1990, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Chincoteague, Town of, Accomack County	510002	March 4, 1974, Emerg; March 1, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Essex County, Unincorporated Areas	510048	March 15, 1974, Emerg; December 16, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
King George County, Unincorporated Areas	510312	May 16, 1975, Emerg; December 15, 1990, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Onancock, Town of, Accomack County	510298	February 17, 1976, Emerg; December 15, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Saxis, Town of, Accomack County	510003	March 11, 1976, Emerg; November 17, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Tangier, Town of, Accomack County	510004	March 28, 1975, Emerg; October 15, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Tappahanock, Town of, Essex County	510049	June 3, 1974, Emerg; August 4, 1987, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Wachapreague, Town of, Accomack County	510005	January 28, 1975, Emerg; September 2, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Region IV
Alabama:
Chilton County, Unincorporated Areas	010030	Emerg; February 7, 2006, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Clanton, City of, Chilton County	010031	August 7, 1975, Emerg; May 1, 1984, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Maplesville, Town of, Chilton County	010032	September 16, 1975, Emerg; February 1, 1984, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Thorsby, Town of, Chilton County	010344	Emerg; November 28, 1997, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Georgia:
Darien, City of, McIntosh County	130131	April 24, 1975, Emerg; July 2, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
McIntosh County, Unincorporated Areas	130130	December 16, 1975, Emerg; May 15, 1984, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Kentucky: Booneville, City of, Owsley County	210187	July 24, 1984, Emerg; August 5, 1985, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Mississippi:
Gautier, City of, Jackson County	280332	November 13, 1986, Emerg; November 13, 1986, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Jackson County, Unincorporated Areas	285256	June 30, 1970, Emerg; April 3, 1978, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Moss Point, City of, Jackson County	285258	September 11, 1970, Emerg; September 18, 1970, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Ocean Springs, City of, Jackson County	285259	August 14, 1970, Emerg; September 18, 1970, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Pascagoula, City of, Jackson County	285260	July 17, 1970, Emerg; September 18, 1970, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
North Carolina:
Clemmons, Village of, Forsyth County	370531	Emerg;—June 27, 2000, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Davidson County, Unincorporated Areas	370307	July 23, 1976, Emerg; May 1, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Davie County, Unincorporated Areas	370308	December 23, 1975, Emerg; March 21, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Forsyth County, Unincorporated Areas	375349	March 19, 1971, Emerg; September 1, 1972, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
High Point, City of, Guilford County	370113	August 5, 1974, Emerg; November 1, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Lexington, City of, Davidson County	370081	July 10, 1975, Emerg; November 1, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Thomasville, City of, Davidson County	370082	December 3, 1974, Emerg; September 28, 1979, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Winston-Salem, City of, Forsyth County	375360	March 19, 1971, Emerg; August 31, 1973, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Region V
Wisconsin:
Baldwin, Village of, St. Croix County	550380	June 26, 1975, Emerg; August 15, 1990, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Glenwood City, City of, St. Croix County	550381	July 1, 1975, Emerg; September 4, 1986, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Hammond, Village of, St. Croix County	550382	October 23, 1975, Emerg; July 16, 1987, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Hudson, City of, St. Croix County	555558	April 23, 1971, Emerg; November 10, 1972, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
New Richmond, City of, St. Croix County	550384	June 5, 1974, Emerg; July 16, 2004, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
North Hudson, Village of, St. Croix County	555568	September 10, 1971, Emerg; January 12, 1973, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
River Falls, City of, St. Croix County	550330	March 30, 1972, Emerg; December 15, 1982, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Somerset, Village of, St. Croix County	550386	April 16, 1975, Emerg; June 1, 1987, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Spring Valley, Village of, St. Croix County	550331	July 2, 1975, Emerg; March 15, 1984, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
St. Croix County, Unincorporated Areas	555578	April 2, 1971, Emerg; April 27, 1973, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Wilson, Village of, St. Croix County	550389	June 15, 1976, Emerg; May 1, 1987, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Woodville, Village of, St. Croix County	550390	August 15, 1975, Emerg; May 4, 1989, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Region VI
Arkansas:
Alma, City of, Crawford County	050236	March 25, 1974, Emerg; April 1, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Altheimer, City of, Jefferson County	050107	September 16, 1975, Emerg; August 15, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Cedarville, City of, Crawford County	050505	Emerg; June 26, 2006, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Chester, Town of, Crawford County	050050	May 18, 1990, Emerg; August 5, 1991, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Crawford County, Unincorporated Areas	050428	June 29, 1990, Emerg; August 5, 1991, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Dyer, Town of, Crawford County	050408	Emerg; January 30, 2004, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Humphrey, City of, Jefferson County	050108	July 31, 1975, Emerg; November 1, 1985, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Jefferson County, Unincorporated Areas	050440	September 6, 1978, Emerg; April 16, 1991, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Kibler, City of, Crawford County	050337	Emerg; November 30, 2006, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Mountainburg, City of, Crawford County	050051	April 15, 1981, Emerg; April 15, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Mulberry, City of, Crawford County	050354	May 27, 1981, Emerg; May 27, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Pine Bluff, City of, Jefferson County	050109	August 13, 1974, Emerg; July 16, 1981, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Redfield, City of, Jefferson County	050282	April 13, 1976, Emerg; August 26, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Rudy, City of, Crawford County	050052	April 14, 1975, Emerg; June 25, 1976, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Sherrill, Town of, Jefferson County	050110	June 19, 1975, Emerg; June 30, 1976, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Van Buren, City of, Crawford County	050053	January 16, 1974, Emerg; November 16, 1977, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
Wabbaseka, City of, Jefferson County	050111	June 26, 1975, Emerg; December 2, 1980, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
White Hall, City of, Jefferson County	050375	August 11, 1975, Emerg; September 16, 1988, Reg; Date of publication in the Federal Register, Susp.	......do	Do.
* do=Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.

Dated: March 11, 2009.

Michael K. Buckley,

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