FR Doc 04-7439

[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Rules and Regulations]
[Page 17310-17312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-11]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7829]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Emergency 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suspension date given in this rule, the suspension will be withdrawn by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

[[Page 17311]]

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:

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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 II
New York:
Blenheim, Town of, 361580 January 8, 1976, 4/2/2004.............. 4/2/2004
Schoharie County. Emerg.; May 1,
1985, Reg.;
April 2, 2004,
Susp.
Broome, Town of, Schoharie 361431 December 16, ......Do*............. Do.
County. 1975, Emerg.;
October 15,
1985, Reg.;
April 2, 2004,
Susp.
Cobleskill, Town of, 361573 February 17, ......Do*............. Do.
Schoharie County. 1976, Emerg.;
January 19,
1983, Reg.;
April 2, 2004,
Susp.
Cobleskill, Village of, 360743 May 13, 1977, ......Do*............. Do.
Schoharie County. Emerg.; February
16, 1983, Reg.;
April 2, 2004,
Susp.
Esperance, Town of, 361194 October 17, 1975, ......Do*............. Do.
Schoharie County. Emerg.; March 2,
1983, Reg.;
April 2, 2004,
Susp.
Esperance, Village of, 361542 July 27, 1976, ......Do*............. Do.
Schoharie County. Emerg.;
September 16,
1982, Reg.;
April 2, 2004,
Susp.
Schoharie, Village of, 361061 September 11, ......Do*............. Do.
Schoharie County. 1975, Emerg.;
August 1, 1987,
Reg.; April 2,
2004, Susp.
Sharon Springs, Village of, 361549 May 13, 1977, ......Do*............. Do.
Schoharie County. Emerg.; January
31, 1983, Reg.;
April 2, 2004,
Susp.
Wright, Town of, Schoharie 361202 May 13, 1977, ......Do*............. Do.
County. Emerg.; November
18, 1983, Reg.;
April 2, 2004,
Susp.
Region V

Minnesota: Jackson, City of, 270213 March 17, 1972, ......Do*............. Do.
Jackson County. Emerg.; July 16,
1980, Reg.;
April 2, 2004,
Susp.
Region X

Oregon:
Talent, City of, Jackson 410100 April 7, 1975, 4/16/2004............. 4/16/2004
County. Emerg.; February
1, 1980, Reg.;
April 16, 2004,
Susp.
Tillamook, City of, Jackson 410202 March 30, 1973, ......Do*............. Do.
County. Emerg.; May 1,
1978, Reg.;
April 16, 2004,
Susp.
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* Do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[[Page 17312]]

Dated: March 24, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 04-7439 Filed 4-1-04; 8:45 am]

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