E9-15871. 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 I
Massachusetts:
Acushnet, City of, Bristol County	250048	April 3, 1981, Emerg; July 19, 1982, Reg; July 7, 2009, Susp	July 7, 2009	July 7, 2009.
Attleboro, City of, Bristol County	250049	August 16, 1974, Emerg; September 29, 1978, Reg; July 7, 2009, Susp	......do*	Do.
Berkley, Town of, Bristol County	250050	February 19, 1974, Emerg; July 3, 1978, Reg; July 7, 2009, Susp	......do	Do.
Dartmouth, Town of, Bristol County	250051	September 10, 1971, Emerg; August 15, 1977, Reg; July 7, 2009, Susp	......do	Do.
Dighton, Town of, Bristol County	250052	March 9, 1973, Emerg; June 18, 1980, Reg; July 7, 2009, Susp	......do	Do.
Easton, Town of, Bristol County	250053	August 15, 1974, Emerg; February 3, 1982, Reg; July 7, 2009, Susp	......do	Do.
Fairhaven, Town of, Bristol County	250054	October 8, 1971, Emerg; March 16, 1976, Reg; July 7, 2009, Susp	......do	Do.
Fall River, City of, Bristol County	250055	September 14, 1977, Emerg; September 30, 1981, Reg; July 7, 2009, Susp	......do	Do.
Freetown, Town of, Bristol County	250056	August 11, 1975, Emerg; June 18, 1980, Reg; July 7, 2009, Susp	......do	Do.
Mansfield, Town of, Bristol County	250057	January 28, 1972, Emerg; April 1, 1977, Reg; July 7, 2009, Susp	......do	Do.
New Bedford, City of, Bristol County	255216	February 25, 1972, Emerg; July 6, 1973, Reg; July 7, 2009, Susp	......do	Do.
North Attleborough, Town of, Bristol County	250059	February 10, 1975, Emerg; September 14, 1979, Reg; July 7, 2009, Susp	......do	Do.
Norton, Town of, Bristol County	250060	March 20, 1974, Emerg; June 1, 1979, Reg; July 7, 2009, Susp	......do	Do.
Raynham, Town of, Bristol County	250061	June 23, 1975, Emerg; July 2, 1980, Reg; July 7, 2009, Susp	......do	Do.
Rehoboth, Town of, Bristol County	250062	February 11, 1972, Emerg; September 1, 1977, Reg; July 7, 2009, Susp	......do	Do.
Salisbury, Town of, Bristol County	250103	November 17, 1972, Emerg; May 2, 1977, Reg; July 7, 2009, Susp	......do	Do.
Seekonk, Town of, Bristol County	250063	July 25, 1975, Emerg; September 5, 1979, Reg; July 7, 2009, Susp	......do	Do.
Somerset, Town of, Bristol County	255220	November 13, 1970, Emerg; March 17, 1972, Reg; July 7, 2009, Susp	......do	Do.
Swansea, Town of, Bristol County	255221	June 12, 1970, Emerg; August 6, 1971, Reg; July 7, 2009, Susp	......do	Do.
Taunton, City of, Bristol County	250066	June 11, 1973, Emerg; June 18, 1980, Reg; July 7, 2009, Susp	......do	Do.
Westport, Town of, Bristol County	255224	August 7, 1970, Emerg; July 16, 1971, Reg; July 7, 2009, Susp	......do	Do.
Maine:
Andover, Town of, Oxford County	230160	October 31, 1975, Emerg; January 3, 1985, Reg; July 7, 2009, Susp	......do	Do.
Bethel, Town of, Oxford County	230088	August 18, 1975, Emerg; May 2, 1991, Reg; July 7, 2009, Susp	......do	Do.
Buckfield, Town of, Oxford County	230090	August 5, 1975, Emerg; November 1, 1985, Reg; July 7, 2009, Susp	......do	Do.
Byron, Town of, Oxford County	230330	July 15, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp	......do	Do.
Canton, Town of, Oxford County	230091	July 3, 1975, Emerg; November 3, 1989, Reg; July 7, 2009, Susp	......do	Do.
Denmark, Town of, Oxford County	230476	May 7, 1976, Emerg; July 2, 1980, Reg; July 7, 2009, Susp	......do	Do.
Dixfield, Town of, Oxford County	230092	June 23, 1975, Emerg; March 4, 1985, Reg; July 7, 2009, Susp	......do	Do.
Fryeburg, Town of, Oxford County	230093	April 7, 1975, Emerg; July 16, 1980, Reg; July 7, 2009, Susp	......do	Do.
Greenwood, Town of, Oxford County	230332	June 24, 1976, Emerg; September 4, 1985, Reg; July 7, 2009, Susp	......do	Do.
Hanover, Town of, Oxford County	230333	August 11, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp	......do	Do.
Hartford, Town of, Oxford County	230334	May 21, 1976, Emerg; November 1, 1985, Reg; July 7, 2009, Susp	......do	Do.
Hebron, Town of, Oxford County	230335	April 21, 1976, Emerg; December 31, 1976, Reg; July 7, 2009, Susp	......do	Do.
Hiram, Town of, Oxford County	230094	July 30, 1975, Emerg; February 1, 1980, Reg; July 7, 2009, Susp	......do	Do.
Lovell, Town of, Oxford County	230336	July 15, 1975, Emerg; February 17, 1989, Reg; July 7, 2009, Susp	......do	Do.
Mexico, Town of, Oxford County	230095	November 17, 1972, Emerg; August 15, 1977, Reg; July 7, 2009, Susp	......do	Do.
Milton, Township of, Oxford County	230460	March 19, 1975, Emerg; April 17, 1987, Reg; July 7, 2009, Susp	......do	Do.
Newry, Town of, Oxford County	230337	December 30, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp	......do	Do.
Norway, Town of, Oxford County	230096	November 11, 1974, Emerg; September 4, 1991, Reg; July 7, 2009, Susp	......do	Do.
Otisfield, Town of, Oxford County	230203	January 29, 1976, Emerg; May 19, 1981, Reg; July 7, 2009, Susp	......do	Do.
Oxford, Town of, Oxford County	230869	July 16, 1975, Emerg; May 2, 1991, Reg; July 7, 2009, Susp	......do	Do.
Paris, Town of, Oxford County	230097	February 28, 1975, Emerg; September 27, 1991, Reg; July 7, 2009, Susp	......do	Do.
Peru, Town of, Oxford County	230098	October 24, 1975, Emerg; May 17, 1990, Reg; July 7, 2009, Susp	......do	Do.
Porter, Town of, Oxford County	230338	October 7, 1976, Emerg; December 4, 1979, Reg; July 7, 2009, Susp	......do	Do.
Roxbury, Town of, Oxford County	230181	October 24, 1975, Emerg; September 4, 1985, Reg; July 7, 2009, Susp	......do	Do.
Rumford, Town of, Oxford County	230099	March 9, 1973, Emerg; July 16, 1980, Reg; July 7, 2009, Susp	......do	Do.
Stoneham, Town of, Oxford County	230340	October 1, 1975, Emerg; January 3, 1986, Reg; July 7, 2009, Susp	......do	Do.
Stow, Town of, Oxford County	230186	February 20, 1976, Emerg; November 14, 1978, Reg; July 7, 2009, Susp	......do	Do.
Sumner, Town of, Oxford County	230187	August 5, 1975, Emerg; September 27, 1985, Reg; July 7, 2009, Susp	......do	Do.
Sweden, Town of, Oxford County	230341	July 22, 1975, Emerg; October 31, 1978, Reg; July 7, 2009, Susp	......do	Do.
Region III
Virginia:
Brunswick County, Unincorporated Areas	510236	April 4, 1974, Emerg; February 6, 1991, Reg; July 7, 2009, Susp	......do	Do.
Emporia, City of, Independent City	510047	February 5, 1974, Emerg; September 30, 1977, Reg; July 7, 2009, Susp	......do	Do.
Greensville County, Unincorporated Areas	510073	February 25, 1974, Emerg; September 29, 1978, Reg; July 7, 2009, Susp	......do	Do.
Jarratt, Town of, Greensville County	510263	March 5, 1975, Emerg; October 8, 1982, Reg; July 7, 2009, Susp	......do	Do.
Lawrenceville, Town of, Brunswick County	510023	May 28, 1974, Emerg; July 17, 1978, Reg; July 7, 2009, Susp	......do	Do.
Stony Creek, Town of, Sussex County	510159	April 9, 1974, Emerg; September 16, 1982, Reg; July 7, 2009, Susp	......do	Do.
Sussex County, Unincorporated Areas	510192	December 11, 1973, Emerg; March 2, 1983, Reg; July 7, 2009, Susp	......do	Do.
West Virginia: Berkeley County, Unincorporated Areas	540282	July 29, 1975, Emerg; August 4, 1988, Reg; July 7, 2009, Susp	......do	Do.
Region IV
Alabama:
Ardmore, Town of, Limestone County	010306	July 9, 1979, Emerg; April 15, 1986, Reg; July 7, 2009, Susp	......do	Do.
Athens, City of, Limestone County	010146	April 11, 1974, Emerg; September 28, 1979, Reg; July 7, 2009, Susp	......do	Do.
Limestone County, Unincorporated Areas	010307	September 2, 1975, Emerg; July 16, 1981, Reg; July 7, 2009, Susp	......do	Do.
Mooresville, Town of, Limestone County	010455	December 23, 2008, Emerg; NA, Reg; July 7, 2009, Susp	......do	Do.
Kentucky: Liberty, City of, Cassey County	210054	May 12, 1975, Emerg; July 3, 1986, Reg; July 7, 2009, Susp	......do	Do.
North Carolina:
Cajahs Mountain, Town of, Caldwell County	370452	NA, Emerg; March 6, 1990, Reg; July 7, 2009, Susp	......do	Do.
Caldwell County, Unincorporated Areas	370039	June 19, 1978, Emerg; August 16, 1988, Reg; July 7, 2009, Susp	......do	Do.
Gamewell, Town of, Caldwell County	370451	NA, Emerg; February 15, 2000, Reg; July 7, 2009, Susp	......do	Do.
Granite Falls, Town of, Caldwell County	370414	August 9, 1988, Emerg; August 16, 1988, Reg; July 7, 2009, Susp	......do	Do.
Hudson, Town of, Caldwell County	370450	NA, Emerg; March 6, 1990, Reg; July 7, 2009, Susp	......do	Do.
Lenoir, City of, Caldwell County	370040	March 29, 1978, Emerg; August 16, 1988, Reg; July 7, 2009, Susp	......do	Do.
Region V
Ohio:
Centerburg, Village of, Knox County	390307	June 27, 1975, Emerg; January 6, 1982, Reg; July 7, 2009, Susp	......do	Do.
Danville, Village of, Knox County	390308	June 12, 1975, Emerg; August 24, 1984, Reg; July 7, 2009, Susp	......do	Do.
Gambier, Village of, Knox County	390310	February 3, 1976, Emerg; January 30, 1981, Reg; July 7, 2009, Susp	......do	Do.
Knox County, Unincorporated Areas	390306	NA, Emerg; October 27, 1993, Reg; July 7, 2009, Susp	......do	Do.
Mount Vernon, City of, Knox County	390311	January 21, 1974, Emerg; August 2, 1982, Reg; July 7, 2009, Susp	......do	Do.
Region X
Idaho:
Bannock County, Unincorporated Areas	160009	April 30, 1974, Emerg; September 5, 1979, Reg; July 7, 2009, Susp	......do	Do.
Downey, City of, Bannock County	160165	February 8, 1985, Emerg; February 8, 1985, Reg; July 7, 2009, Susp	......do	Do.
Inkom, City of, Bannock County	160010	July 16, 1975, Emerg; September 15, 1978, Reg; July 7, 2009, Susp	......do	Do.
Lava Hot Springs, City of, Bannock County	160011	May 20, 1975, Emerg; August 1, 1979, Reg; July 7, 2009, Susp	......do	Do.
McCammon, City of, Bannock County	160176	December 21, 1978, Emerg; December 21, 1978, Reg; July 7, 2009, Susp	......do	Do.
Pocatello, City of, Bannock County	160012	February 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.

Dated: June 23, 2009.

Deborah Ingram,

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