FR Doc E7-1989

[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Rules and Regulations]
[Page 5630-5631]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe07-20]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7961]

Suspension of Community Eligibility

AGENCY: Mitigation Division, Federal Emergency Management Agency, DHS.

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.

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.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Division,
Federal Emergency Management Agency, 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
insurae 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.
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
2. The tables published under the authority of Sec. 64.6 are amended
as follows:

[[Page 5631]]

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Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
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Region IV

North Carolina:
Carrboro, Town of, Orange 370275 July 7, 1975, Feb. 2, 2007.......... Feb. 2, 2007.
County. Emerg; June 25,
1976, Reg;
February 2, 2007.
Chapel Hill, Town of, 370180 February 9, 1973, ......do*............. Do.
Orange County. Emerg; April 16,
1978, Reg;
February 2, 2007.
Chatham County, 370299 March 4, 1997, ......do*............. Do.
Unincorporated Areas. Emerg; March 4,
1997, Reg;
February 2, 2007.
Hillsborough, Town of, 370343 April 6, 1977, ......do*............. Do.
Orange County. Emerg; May 15,
1980, Reg;
February 2, 2007.
Orange County, 370342 July 15, 1975, ......do*............. Do.
Unincorporated Areas. Emerg; March 16,
1981, Reg;
February 2, 2007.
Sanford, City of, Lee 370143 December 19, ......do*............. Do.
County. 1973, Emerg; May
2, 1977, Reg;
February 2, 2007.
Siler City, Town of, 370058 July 2, 1987, ......do*............. Do.
Chatham County. Emerg; June 23,
1975, Reg;
February 2, 2007.
Region VII

Wichita, City of, Sedgwick 200328 March 24, 1972, ......do*............. Do.
County. Emerg; May 15,
1986, Reg;
February 2, 2007.
Region VIII

Wyoming: Sundance, Town of, 560017 April 30, 1975, ......do*............. Do.
Crook County. Emerg; August
19, 1986, Reg;
February 2, 2007.
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*Do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: February 2, 2007.
David I. Maurstad,
Mitigation Division Director, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E7-1989 Filed 2-6-07; 8:45 am]

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