[Federal Register: September 14, 2006 (Volume 71, Number 178)]
[Rules and Regulations]
[Page 54202-54204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se06-6]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7943]
Suspension of Community Eligibility
AGENCY: Mitigation Division, Federal Emergency Management Agency
(FEMA), 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 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.
ADDRESSES: If you want 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: David Stearrett, Mitigation Division,
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 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.
[[Page 54203]]
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 is revised 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 and location No. sale of flood date assist- ance no longer
insurance in available in SFHAs
community
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Region II
New Jersey:
Berkeley Heights, Township 340459 December 30, Sept. 20, 2006........ Sept. 20, 2006.
of, Union County. 1971, Emerg;
March 1, 1978,
Reg; September
20, 2006, Susp.
Clark, Township of, Union 345290 July 10, 1970, ......do*............. Do.
County. Emerg; December
23, 1971, Reg;
September 20,
2006, Susp.
Cranford, Township of, 345291 June 19, 1970, ......do.............. Do.
Union County. Emerg; June 25,
1971, Reg;
September 20,
2006, Susp.
Elizabeth, City of, Union 345523 May 22, 1970, ......do.............. Do.
County. Emerg; May 7,
1971, Reg;
September 20,
2006, Susp.
Fanwood, Borough of, Union 340463 June 16, 1972, ......do.............. Do.
County. Emerg; October
28, 1977, Reg;
September 20,
2006, Susp.
Garwood, Borough of, Union 340464 June 23, 1972, ......do.............. Do.
County. Emerg; February
1, 1977, Reg;
September 20,
2006, Susp.
Hillside, Township of, 340465 December 3, 1971, ......do.............. Do.
Union County. Emerg; September
14, 1979, Reg;
September 20,
2006, Susp.
Kenilworth, Borough, Union 340466 February 9, 1973, ......do.............. Do.
County. Emerg; March 2,
1983, Reg;
September 20,
2006, Susp.
Linden, City of, Union 340467 November 20, ......do.............. Do.
County. 1970, Emerg;
November 24,
1976, Reg;
September 20,
2006, Susp.
Mountainside, Borough of, 340468 June 9, 1972, ......do.............. Do.
Union County. Emerg; February
16, 1977, Reg;
September 20,
2006, Susp.
New Providence, Borough of, 345306 July 16, 1971, ......do.............. Do.
Union County. Emerg; November
23, 1973, Reg;
September 20,
2006, Susp.
Plainfield, City of, Union 345312 June 19, 1970, ......do.............. Do.
County. Emerg; June 25,
1971, Reg;
September 20,
2006, Susp.
Rahway, City of, Union 345314 June 30, 1970, ......do.............. Do.
County. Emerg; December
17, 1971, Reg;
September 20,
2006, Susp.
Roselle Park, Borough of, 340473 April 25, 1973, ......do.............. Do.
Union County. Emerg; June 4,
1980, Emerg;
September 20,
2006, Susp.
Roselle, Borough of, Union 340472 December 17, ......do.............. Do.
County. 1971, Emerg;
July 17, 1978,
Emerg; September
20, 2006, Susp.
Scotch Plains, Township of, 340474 August 18, 1972, ......do.............. Do.
Union County. Emerg; September
30, 1977, Emerg;
September 20,
2006, Susp.
Springfield, Township of, 345321 August 7, 1970, ......do.............. Do.
Union County. Emerg; October
1, 1971, Reg;
September 20,
2006, Susp.
Summit, City of, Union 340476 November 24, ......do.............. Do.
County. 1972, Emerg;
February 2,
1977, Reg;
September 20,
2006, Susp.
Union, Township of, Union 340477 June 2, 1972, ......do.............. Do.
County. Emerg; August 1,
1978, Reg;
September 20,
2006, Susp.
Westfield, Town of, Union 340478 September 24, ......do.............. Do.
County. 1974, Emerg;
December 18,
1979, Reg;
September 20,
2006, Susp.
Region IV
North Carolina:
Dare County, Unincorporated 375348 April 9, 1971, ......do.............. Do.
Areas. Emerg; October
6, 1978, Reg;
September 20,
2006, Susp.
Duck, Town of, Dare County. 370632 November 6, 2003, ......do.............. Do.
Emerg; November
6, 2003, Reg;
September 20,
2006, Susp.
Kill Devil Hills, Town of, 375353 February 4, 1972, ......do.............. Do.
Dare County. Emerg; May 4,
1973, Reg;
September 20,
2006, Susp.
Kitty Hawk, Town of, Dare 370439 April 9, 1971, ......do.............. Do.
County. Emerg; October
6, 1978, Reg;
September 20,
2006, Susp.
[[Page 54204]]
Manteo, Town of, Dare 375355 March 17, 1972, ......do.............. Do.
County. Emerg; January
5, 1973, Reg;
September 20,
2006, Susp.
Nags Head, Town of, Dare 375356 December 17, ......do.............. Do.
County. 1971, Emerg;
November 10,
1972, Reg;
September 20,
2006, Susp.
Southern Shores, Town of, 370430 April 8, 1971, ......do.............. Do.
Dare County. Emerg; May 13,
1972, Reg;
September 20,
2006, Susp.
Kentucky: Oldham County, 210185 March 10, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; August
19, 1987, Reg;
September 20,
2006, Susp.
Tennessee:
Gallatin, City of, Sumner 470185 May 27, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg;
September 20,
2006, Susp.
Goodlettsville, City of, 470287 April 21, 1975, ......do.............. Do.
Davidson and Sumner Emerg; June 15,
Counties. 1981, Reg;
September 20,
2006, Susp.
Hendersonville, City of, 470186 May 28, 1974, ......do.............. Do.
Sumner County. Emerg; November
4, 1981,0
September 20,
2006, Susp.
Millersville, City of, 470388 August 30, 1982, ......do.............. Do.
Sumner County. Emerg; June 15,
1984, Reg;
September 20,
2006, Susp.
Portland, City of, Sumner 470187 February 14, ......do.............. Do.
County. 1975, Emerg;
August 4, 1987,
Reg; September
20, 2006, Susp.
Sumner County, 470349 August 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 19,
1985, Reg;
September 20,
2006, Susp.
Region V
Illinois: Dwight, Village 170423 August 9, 1974, ......do.............. Do.
of, Livingston County. Emerg; November
1, 1990, Reg;
September 20,
2006, Susp.
Ohio: Findlay, City of, 390244 January 15, 1975, ......do.............. Do.
Hancock County. Emerg; December
4, 1984, Reg;
September 20,
2006, Susp.
Region VIII
Montana:
Blaine County, 300144 March 7, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; May 19,
1987, Reg;
September 20,
2006, Susp.
Chinook, City of, Blaine 300003 May 6, 1974, ......do.............. Do.
County. Emerg; May 19,
1987, Reg;
September 20,
2006, Susp.
Fort Belknap Indian 300180 April 25, 1978, ......do.............. Do.
Reservation, Blaine and Emerg; December
Phillips Counties. 17, 1987, Reg;
September 20,
2006, Susp.
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*......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: September 5, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E6-15260 Filed 9-13-06; 8:45 am]
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