[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Pages 53835-53838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20099]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7843]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, Emergency
[[Page 53836]]
Preparedness and Response Directorate, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are suspended 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suspension date given in this rule, the suspension will be withdrawn by
publication in the Federal Register.
EFFECTIVE DATES: The effective date of each community's suspension is
the third date (``Susp.'') listed in the third column of the following
tables.
ADDRESSES: If you wish to determine whether a particular community was
suspended on the suspension date, contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
FOR FURTHER INFORMATION CONTACT: Mike Grimm, Mitigation Division, 500 C
Street, SW.; Room 412, Washington, DC 20472, (202) 646-2878.
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 National Flood Insurance Program, 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 et seq. 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, the Federal Emergency Management Agency has identified
the special flood hazard areas 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 the identified special flood hazard area of
communities not participating in the NFIP and identified for more than
a year, on the Federal Emergency Management Agency'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 a 6-month, 90-day, and 30-day notification
addressed to the Chief Executive Officer that the community will be
suspended unless the required floodplain management measures are met
prior to the effective suspension date. Since these notifications have
been 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 they take remedial
action.
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.
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.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987
Comp.; p. 252.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp.; p. 309.
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:
[[Page 53837]]
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Effective date
authorization/ Date certain federal
Community cancellation of Current effective map assistance no longer
State and location No. sale of flood date available in special
insurance in flood hazard areas
community
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Region V
Minnesota:
Brooklyn Center, City of, 270151 July 29, 1974, 09/02/2004............ 09/02/2004
Hennepin County. Emerg; February
17, 1982, Reg;
September 2,
2004, Susp.
Brooklyn Park, City of, 270152 February 5, 1974, ......do.............. Do.
Hennepin County. Emerg; May 17,
1982, Reg;
September 2,
2004, Susp.
Camplin, City of, Hennepin 270153 March 30, 1973, ......do.............. Do.
County. Emerg; July 18,
1977, Reg;
September 2,
2004, Susp.
Corcoran, City of, Hennepin 270155 September 8, ......do.............. Do.
County. 1975, Emerg;
January 16,
1981, Reg;
September 2,
2004, Susp.
Crystal, City of, Hennepin 270156 May 13, 1974, ......do.............. Do.
County. Emerg; June 1,
1978, Reg;
September 2,
2004, Susp.
Dayton, City of, Hennepin 270157 September 25, ......do.............. Do.
County. 1973, Emerg;
February 1,
1978, Reg;
September 2,
2004, Susp.
Deephaven, City of, 270158 September 4, ......do.............. Do.
Hennepin County. 1974, Emerg;
December 26,
1978, Reg;
September 2,
2004, Susp.
Eden Prairie, City of, 270159 May 16, 1975, ......do.............. Do.
Hennepin County. Emerg; September
27, 1985, Reg;
September 2,
2004, Susp.
Edina, City of, Hennepin 270160 July 27, 1973, ......do.............. Do.
County. Emerg; May 1,
1980, Reg;
September 2,
2004, Susp.
Excelsior, City of Hennepin 270161 May 20, 1974, ......do.............. Do.
County. Emerg; March 20,
1981, Reg;
September 2,
2004, Susp.
Greenfield, City of, 270673 December 26, ......do.............. Do.
Hennepin County. 1974, Emerg;
April 15, 1981,
Reg; September
2, 2004, Susp.
Greenwood, City of, 270164 July 25, 1975, ......do.............. Do.
Hennepin County. Emerg; December
26, 1978, Reg;
September 2,
2004, Susp.
Hanover, City of, Hennepin 270540 October 25, 1974, ......do.............. Do.
and Wright Counties. Emerg; May 5,
1981, Reg;
September 2,
2004, Susp.
Hopkins, City of, Hennepin 270166 May 2, 1974, ......do.............. Do.
County. Emerg; May 5,
1981, Reg;
September 2,
2004, Susp.
Independence, City of, 270167 January 28, 1975, ......do.............. Do.
Hennepin County. Emerg; January
6, 1983, Reg;
September 2,
2004, Susp.
Long Lake, City of, 270168 May 2, 1975, ......do.............. Do.
Hennepin County. Emerg; February
20, 1979, Reg;
September 2,
2004, Susp.
Loretto, City of, Hennepin 270659 May 29, 1975, ......do.............. Do.
County. Emerg; June 22,
1984, Reg;
September 2,
2004, Susp.
Maple Plain, City of, 270170 October 24, 1975, ......do.............. Do.
Hennepin County. Emerg; June 22,
1984, Reg;
September 2,
2004, Susp.
Medicine Lake, City of, 270690 December 21, ......do.............. Do.
Hennepin County. 1978, Emerg;
April 15, 1982,
Reg; September
2, 2004, Susp.
Medina, City of, Hennepin 270171 July 18, 1975, ......do.............. Do.
County. Emerg; September
3, 1980, Reg;
September 2,
2004, Susp.
Minneapolis, City of, 270172 March 23, 1973, ......do.............. Do.
Hennepin County. Emerg; February
18, 1981, Reg;
September 2,
2004, Susp.
Minnetonka, City of, 270173 April 9, 1975, ......do.............. Do.
Hennepin County. Emerg; May 19,
1981, Reg;
September 2,
2004, Susp.
Minnetonka Beach, City of, 270174 June 9, 1975, ......do.............. Do.
Hennepin County. Emerg; June 22,
1984, Reg;
September 2,
2004, Susp.
Minnetrista, City of, 270175 September 12, ......do.............. Do.
Hennepin County. 1978, Emerg;
September 27,
1985, Reg;
September 2,
2004, Susp.
New Hope, City of, Hennepin 270177 July 2, 1975, ......do.............. Do.
County. Emerg; January
2, 1981, Reg;
September 2,
2004, Susp.
Orono, City of, Hennepin 270178 February 24, ......do.............. Do.
County. 1975, Emerg;
October 17,
1978, Reg;
September 2,
2004, Susp.
Plymouth, City of, Hennepin 270179 April 15, 1974, ......do.............. Do.
County. Emerg; May 15,
1978, Reg;
September 2,
2004, Susp.
Richfield, City of, 270180 April 22, 1975, ......do.............. Do.
Hennepin County. Emerg; August
24, 1981, Reg;
September 2,
2004, Susp.
Robbinsdale, City of, 270181 May 9, 1974, ......do.............. Do.
Hennepin County. Emerg; August 1,
1977, Reg;
September 2,
2004, Susp.
Rockford, City of, Hennepin 270182 February 5, 1975, ......do.............. Do.
County. Emerg; November
1, 1979, Reg;
September 2,
2004, Susp.
Shorewood, City of, 270185 April 8, 1975, ......do.............. Do.
Hennepin County. Emerg; December
4, 1979, Reg;
September 2,
2004, Susp.
Spring Park, City of, 270186 July 16, 1975, ......do.............. Do.
Hennepin County. Emerg; May 1,
1979, Reg;
September 2,
2004, Susp.
St. Anthony, City of, 270716 February 26, ......do.............. Do.
Hennepin County. 1998, Emerg;
September 2,
2004, Reg;
September 2,
2004, Susp.
[[Page 53838]]
St. Bonifacius, City of, 270183 April 22, 1976, ......do.............. Do.
Hennepin County. Emerg; December
26, City 1978,
Reg; September
2, 2004, Susp.
St. Louis Park City, of, 270184 December 22, ......do.............. Do.
Hennepin County. 1972, Emerg;
June 1, 1977,
Reg; September
2, 2004, Susp.
Tonka Bay, City of, 270187 January 17, 1975, ......do.............. Do.
Hennepin County. Emerg; May 1,
1979, Reg;
September 2,
2004, Susp.
Wayzata, City of, Hennepin 270188 November 25, ......do.............. Do.
County. 1974, Emerg;
November, 1,
1979, Reg;
September 2,
2004, Susp.
Woodland, City of, Hennepin 270189 June 11, 1975, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
September 2,
2004, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: August 26, 2004.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 04-20099 Filed 9-2-04; 8:45 am]
BILLING CODE 9110-12-P