Suspension of Community Eligibility, 18149-18152 [E9-9070]

Download as PDF Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations We proposed to approve this analysis and certification because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the submitted RACT analysis and our evaluation. II. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period. During this period, no comments were received. III. EPA Action No comments were submitted that change our assessment that the submitted RACT analysis complies with the relevant CAA requirements under the 8-hour ozone NAAQS. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this document into the California SIP. mstockstill on PROD1PC66 with RULES IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); VerDate Nov<24>2008 17:57 Apr 20, 2009 Jkt 217001 • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 22, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 18149 recordkeeping requirements, Volatile organic compounds. Dated: March 5, 2009. Jane Diamond, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: ■ PART 52—[AMENDED] 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(358)(i)(B) to read as follows: ■ § 52.220 Identification of plan. * * * * * (c) * * * (358) * * * (i) * * * (B) Ventura County Air Pollution Control District. (1) Ventura County Air Pollution Control Board Resolution approving and adopting the 2006 Reasonably Available Control Technology State Implementation Plan Revision, dated June 27, 2006. (2) Final Ventura County Air Pollution Control District 2006 Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Revision, including Tables A–1, A–2, B, C, and D, dated June 27, 2006. * * * * * [FR Doc. E9–9021 Filed 4–20–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8071] 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 E:\FR\FM\21APR1.SGM 21APR1 18150 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 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, (202) 646–2953. 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 Region III Virginia: Amelia County, Unincorporated Areas. Region IV Florida: Gulf County, Unincorporated Areas 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: ■ Effective date authorization/cancellation of sale of flood insurance in community Current effective map date 510314 March 22, 1976, Emerg; September 1, 1987, Reg; April 21, 2009, Susp. April 16, 2009 ... 120098 August 7, 1975, Emerg; June 15, 1983, Reg; April 21, 2009, Susp. ......do* .............. Community No. State and location mstockstill on PROD1PC66 with RULES 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. Region V Ohio: VerDate Nov<24>2008 17:57 Apr 20, 2009 Jkt 217001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\21APR1.SGM 21APR1 Date certain Federal assistance no longer available in SFHAs April 21, 2009. Do. 18151 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations Community No. State and location Delaware, City of, Delaware County ..... 390148 Delaware County, Unincorporated Areas. Powell, Village of, Delaware County ..... 390146 390626 Sunbury, Village of, Delaware County .. 390152 Region VIII North Dakota: Belmont, Township of, Trail County ...... 380653 Benson County, Unincorporated Areas 380682 Bingham, Township of, Trail County ..... 380640 Buxton, Township of, Trail County ........ 380676 Caledonia, Township of, Trail County ... 380638 Eldorado, Township of, Trail County ..... 380645 Elm River, Township of, Trail County ... 380636 Garfield, Township of, Trail County ....... 380669 Herberg, Township of, Trail County ...... 380621 Hillsboro, City of, Trail County .............. 380132 Kelso, Township of, Trail County .......... 380644 Lindaas, Township of, Trail County ....... 380300 Mayville, City of, Trail County ............... 380133 Mayville, Township of, Trail County ...... 380301 Minnewaukan, City of, Benson County 380240 Norman, Township of, Trail County ...... 380670 Norway, Township of, Trail County ....... 380643 Portland, City of, Trail County ............... 380134 Roseville, Township of, Trail County ..... 380641 Spirit Lake Tribe, Benson County ......... 380700 Stavanger, Township of, Trail County ... 380642 Trail County, Unincorporated Areas ...... 380130 Viking, Township of, Trail County ......... 380322 South Dakota: Sturgis, City of, Meade County. Region IX California: Sonora, City of, Tuolumne County. 460055 060412 Current effective map date January 31, 1975, Emerg; November 2, 1983, Reg; April 21, 2009, Susp. February 16, 1977, Emerg; October 18, 1983, Reg; April 21, 2009, Susp. July 8, 1975, Emerg; March 4, 1985, Reg; April 21, 2009, Susp. June 18, 1975, Emerg; September 1, 1987, Reg; April 21, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. July 12, 1982, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. January 31, 1995, Emerg; May 2, 1995, Reg; April 21, 2009, Susp. February 8, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. April 9, 1984, Emerg; March 12, 1986, Reg; April 21, 2009, Susp. January 3, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. April 25, 1980, Emerg; August 19, 1986, Reg; April 21, 2009, Susp. September 13, 1979, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. April 5, 1983, Emerg; December 11, 1985, Reg; April 21, 2009, Susp. September 25, 1978, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. March 3, 1975, Emerg; September 27, 1985, Reg; April 21, 2009, Susp. April 11, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. April 11, 1980, Emerg; September 29, 1986, Reg; April 21, 2009, Susp. March 21, 1975, Emerg; July 19, 1982, Reg; April 21, 2009, Susp. November 23, 1979, Emerg; September 29, 1986, Reg; April 21, 2009, Susp. April 24, 1995, Emerg; May 4, 1998, Reg; April 21, 2009, Susp. April 5, 1983, Emerg; March 12, 1986, Reg; April 21, 2009, Susp. March 24, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. October 14, 1975, Emerg; July 19, 1982, Reg; April 21, 2009, Susp. February 21, 1980, Emerg; September 29, 1986, Reg; April 21, 2009, Susp. August 19, 1997, Emerg; May 4, 1998, Reg; April 21, 2009, Susp. February 29, 1980, Emerg; August 5, 1986, Reg; April 21, 2009, Susp. June 30, 1997, Emerg; May 4, 1998, Reg; April 21, 2009, Susp. March 30, 1978, Emerg; September 4, 1986, Reg; April 21, 2009, Susp. February 9, 1973, Emerg; June 1, 1977, Reg; April 21, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. February 13, 1976, Emerg; May 25, 1978, Reg; April 21, 2009, Susp. ......do ............... Do. mstockstill on PROD1PC66 with RULES *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. VerDate Nov<24>2008 17:57 Apr 20, 2009 Jkt 217001 PO 00000 Frm 00037 Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Fmt 4700 Sfmt 4700 E:\FR\FM\21APR1.SGM 21APR1 18152 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations Dated: April 9, 2009. Michael K. Buckley, Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–9070 Filed 4–20–09; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–B–1046] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim rule. SUMMARY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety (90) days in which to request through the community that the Mitigation Assistant Administrator of FEMA reconsider the changes. The modified BFEs may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by the other Federal, State, or regional entities. The changes in BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This interim 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 interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: ■ PART 65—[AMENDED] 1. The authority citation for part 65 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. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: ■ State and county Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Alabama: Autauga ... City of Prattville (07– 04–6309P). February 28, 2009; March 7, 2009; Prattville Progress. The Honorable Jim Byard, Jr., Mayor, City of Prattville, 101 West Main Street, Prattville, AL 36067. February 20, 2009 .......... 010002 Unincorporated areas of Coconino County (08–09– 1418P). City of Avondale (08–09–0655P). February 20, 2009; February 27, 2009; Arizona Daily Sun. June 29, 2009 ................ 040019 July 10, 2009 .................. 040038 Unincorporated areas of Maricopa County (08–09– 0655P). 12, Ga- The Honorable Deb Hill, Chairman, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001. The Honorable Marie Lopez, Mayor, City of Avondale, 11465 West Civic Center Drive, Suite 280, Avondale, AZ 85323. The Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003. July 10, 2009 .................. 040037 Arizona: Coconino .......... mstockstill on PROD1PC66 with RULES Maricopa ........... Maricopa ........... VerDate Nov<24>2008 17:57 Apr 20, 2009 March 5, 2009; March 2009; Arizona Business zette. March 5, 2009; March 2009; Arizona Business zette. Jkt 217001 PO 00000 Frm 00038 12, Ga- Fmt 4700 Sfmt 4700 E:\FR\FM\21APR1.SGM 21APR1 Community No.

Agencies

[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Rules and Regulations]
[Pages 18149-18152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9070]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8071]


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

[[Page 18150]]

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, (202) 646-2953.

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.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III
Virginia: Amelia County,               510314  March 22, 1976,    April 16, 2009........  April 21, 2009.
 Unincorporated Areas.                          Emerg; September
                                                1, 1987, Reg;
                                                April 21, 2009,
                                                Susp.
           Region IV
Florida: Gulf County,                  120098  August 7, 1975,    ......do*.............   Do.
 Unincorporated Areas.                          Emerg; June 15,
                                                1983, Reg; April
                                                21, 2009, Susp.
            Region V
Ohio:

[[Page 18151]]

 
    Delaware, City of, Delaware        390148  January 31, 1975,  ......do..............   Do.
     County.                                    Emerg; November
                                                2, 1983, Reg;
                                                April 21, 2009,
                                                Susp.
    Delaware County,                   390146  February 16,       ......do..............   Do.
     Unincorporated Areas.                      1977, Emerg;
                                                October 18,
                                                1983, Reg; April
                                                21, 2009, Susp.
    Powell, Village of,                390626  July 8, 1975,      ......do..............   Do.
     Delaware County.                           Emerg; March 4,
                                                1985, Reg; April
                                                21, 2009, Susp.
    Sunbury, Village of,               390152  June 18, 1975,     ......do..............   Do.
     Delaware County.                           Emerg; September
                                                1, 1987, Reg;
                                                April 21, 2009,
                                                Susp.
          Region VIII
North Dakota:
    Belmont, Township of, Trail        380653  July 12, 1982,     ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Benson County,                     380682  January 31, 1995,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 2,
                                                1995, Reg; April
                                                21, 2009, Susp.
    Bingham, Township of, Trail        380640  February 8, 1980,  ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Buxton, Township of, Trail         380676  April 9, 1984,     ......do..............   Do.
     County.                                    Emerg; March 12,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Caledonia, Township of,            380638  January 3, 1980,   ......do..............   Do.
     Trail County.                              Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Eldorado, Township of,             380645  April 25, 1980,    ......do..............   Do.
     Trail County.                              Emerg; August
                                                19, 1986, Reg;
                                                April 21, 2009,
                                                Susp.
    Elm River, Township of,            380636  September 13,      ......do..............   Do.
     Trail County.                              1979, Emerg;
                                                August 5, 1986,
                                                Reg; April 21,
                                                2009, Susp.
    Garfield, Township of,             380669  April 5, 1983,     ......do..............   Do.
     Trail County.                              Emerg; December
                                                11, 1985, Reg;
                                                April 21, 2009,
                                                Susp.
    Herberg, Township of, Trail        380621  September 25,      ......do..............   Do.
     County.                                    1978, Emerg;
                                                August 5, 1986,
                                                Reg; April 21,
                                                2009, Susp.
    Hillsboro, City of, Trail          380132  March 3, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                April 21, 2009,
                                                Susp.
    Kelso, Township of, Trail          380644  April 11, 1980,    ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Lindaas, Township of, Trail        380300  April 11, 1980,    ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1986, Reg;
                                                April 21, 2009,
                                                Susp.
    Mayville, City of, Trail           380133  March 21, 1975,    ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; April
                                                21, 2009, Susp.
    Mayville, Township of,             380301  November 23,       ......do..............   Do.
     Trail County.                              1979, Emerg;
                                                September 29,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Minnewaukan, City of,              380240  April 24, 1995,    ......do..............   Do.
     Benson County.                             Emerg; May 4,
                                                1998, Reg; April
                                                21, 2009, Susp.
    Norman, Township of, Trail         380670  April 5, 1983,     ......do..............   Do.
     County.                                    Emerg; March 12,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Norway, Township of, Trail         380643  March 24, 1980,    ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Portland, City of, Trail           380134  October 14, 1975,  ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; April
                                                21, 2009, Susp.
    Roseville, Township of,            380641  February 21,       ......do..............   Do.
     Trail County.                              1980, Emerg;
                                                September 29,
                                                1986, Reg; April
                                                21, 2009, Susp.
    Spirit Lake Tribe, Benson          380700  August 19, 1997,   ......do..............   Do.
     County.                                    Emerg; May 4,
                                                1998, Reg; April
                                                21, 2009, Susp.
    Stavanger, Township of,            380642  February 29,       ......do..............   Do.
     Trail County.                              1980, Emerg;
                                                August 5, 1986,
                                                Reg; April 21,
                                                2009, Susp.
    Trail County,                      380130  June 30, 1997,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 4,
                                                1998, Reg; April
                                                21, 2009, Susp.
    Viking, Township of, Trail         380322  March 30, 1978,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1986, Reg;
                                                April 21, 2009,
                                                Susp.
    South Dakota: Sturgis, City        460055  February 9, 1973,  ......do..............   Do.
     of, Meade County.                          Emerg; June 1,
                                                1977, Reg; April
                                                21, 2009, Susp.
           Region IX
California: Sonora, City of,           060412  February 13,       ......do..............   Do.
 Tuolumne County.                               1976, Emerg; May
                                                25, 1978, Reg;
                                                April 21, 2009,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 18152]]

    Dated: April 9, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-9070 Filed 4-20-09; 8:45 am]
BILLING CODE 9110-12-P