[Federal Register: January 18, 2005 (Volume 70, Number 11)]
[Rules and Regulations]
[Page 2817-2819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja05-7]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7861]
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 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.
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 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
[[Page 2818]]
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
letter 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:
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Effective date
authorization/ Date certain Federal
State and location Community cancellation of sale Current effective map assistance no longer
No. of flood insurance in date available in special
community flood hazard areas
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Region III
Delaware: Bethany Beach, Town 105083 November 12, 1971, 1/6/2005............. 1/6/2005
of, Sussex County. Emerg; April 6,
1973, Reg; January
6, 2005, Susp.
Dewey Beach, Town of, Sussex 100056 June 18, 1982, Emerg; ......do............. Do.
County. June 18, 1982, Reg;
January 6, 2005,
Susp.
South Bethany, Town of, Sussex 100051 September 15, 1972, ......do............. Do.
County. Emerg; October 6,
1976, Reg; January
6, 2005, Susp.
Region V
Ohio: Brookville, City of, 390407 August 27, 1975, ......do............. Do.
Montgomery County. Emerg; October 15,
1981, Reg; January
6, 2005, Susp.
Dayton, City of, Montgomery 390409 September 24, 1974, ......do............. Do.
County. Emerg; December 4,
1979, Reg; January
6, 2005, Susp.
Miamisburg, City of, 390413 August 1, 1974, ......do............. Do.
Montgomery County. Emerg; June 15,
1981, Reg; January
6, 2005, Susp.
Trotwood, City of, Montgomery 390417 July 2, 1974, Emerg; ......do............. Do.
County. December 18, 1979,
Reg; January 6,
2005, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 2819]]
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-870 Filed 1-14-05; 8:45 am]
BILLING CODE 9110-12-P