[Federal Register: December 1, 2005 (Volume 70, Number 230)]
[Rules and Regulations]
[Page 72078-72080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de05-11]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7903]
Suspension of Community Eligibility
AGENCY: Department of Homeland Security, Federal Emergency Management
Agency (FEMA), Mitigation Division.
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 scheduled for suspension on the effective
dates listed
[[Page 72079]]
within this rule because of noncompliance with the floodplain
management requirements of the program. If 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.
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.
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: Michael M. 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 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 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, 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.
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
The tables published under the authority of Sec. 64.6 are amended as
follows:
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Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State/Location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
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Region IV
North Carolina:
Freemont, Town of, Wayne 370492 May 27, 1997, 12/02/2005............ 12/02/2005.
County. Emerg; May 27,
1997, Reg;
December 2,
2005, Susp.
Smithfield, Town of 370140 January 20, 1975, ......do.............. Do.
Johnston County. Emerg; April 1,
1982, Reg;
December 2,
2005, Susp.
Walnut Creek, Village of, 370435 October 19, 1989, ......do.............. Do.
Wayne County. Emerg; October
19, 1989, Reg;
December 2,
2005, Susp.
Wayne County, 370254 September 16, ......do.............. Do.
Unincorporated Areas. 1991, Emerg;
September 16,
1991, Reg;
December 2,
2005, Susp.
[[Page 72080]]
Region VII
Missouri:
Cole County, Unincorporated 290107 January 21, 1982, ......do.............. Do.
Areas. Emerg; January
21, 1982, Reg;
December 2,
2005, Susp.
Jefferson, City of, Cole 290108 April 23, 1971, ......do.............. Do.
County. Emerg; April 15,
1980, Reg;
December 2,
2005, Susp.
Nebraska:
Bellevue, City of, Sarpy 310191 April 13, 1973, ......do.............. Do.
County. Emerg; January
16, 1980, Reg;
December 2,
2005, Susp.
Bennington, City of, 310074 July 10, 1975, ......do.............. Do.
Douglas County. Emerg; December
4, 1979, Reg;
December 2,
2005, Susp.
Douglas County, 310073 November 15, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
January 16,
1981, Reg;
December 2,
2005, Susp.
Elkhorn, City of, Douglas 310075 March 31, 1975, ......do.............. Do.
County. Emerg; August
15, 1979, Reg;
December 2,
2005, Susp.
La Vista, City of, Sarpy 310192 April 23, 1974, ......do.............. Do.
County. Emerg; January
16, 1980, Reg;
December 2,
2005, Susp.
Omaha, City of, Douglas 315274 November 6, 1970, ......do.............. Do.
County. Emerg; May 7,
1971, Reg;
December 2,
2005, Susp.
Papillion, City of, Sarpy 315275 July 2, 1971, ......do.............. Do.
County. Emerg; August
18, 1972, Reg;
December 2,
2005, Susp.
Ralston, City of, Douglas 310077 August 19, 1975, ......do.............. Do.
County. Emerg; May 15,
1980, Reg;
December 2,
2005, Susp.
Sarpy County, 310190 February 23, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
January 16,
1981, Reg;
December 2,
2005, Susp.
Valley, City of, Douglas 310078 May 1, 1975, ......do.............. Do.
County. Emerg; March 18,
1980, Reg;
December 2,
2005, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.
Dated: November 23, 2005.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management
Agency.
[FR Doc. 05-23528 Filed 11-30-05; 8:45 am]
BILLING CODE 9110-12-P