Flood insurance; communities eligible for sale: Various States,

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Federal Register: December 15, 2005 (Volume 70, Number 240)Rules and RegulationsPage 74204-74206From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr15de05-8

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

Docket No. FEMA-7905Suspension of Community Eligibility

AGENCY: Mitigation Division, Federal Emergency Management Agency (FEMA), Department of Homeland Security.

ACTION: Final rule.

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: 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

[Page 74205]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 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:

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

Region I

Connecticut: South Windsor,

090036 July 25, 1974, Dec. 16, 2005......... Dec. 16, 2005. Town of, Hartford County.

Emerg; May 1, 1980, Reg; Dec. 16, 2005, Susp.

Region IV

North Carolina:

Currituck County,

370078 Mar. 4, 1974, ......do*............. Do. Unincorporated Areas.

Emerg; Nov. 1, 1984, Reg; Dec. 16, 2005, Susp.

Tennessee: Benton County,

470218 Oct. 4, 1989, ......do*............. Do. Unincorporated Areas.

Emerg; July 2, 1991, Reg; Dec. 16, 2005, Susp.

Camden, City of, Benton

470010 Apr. 2, 1975, ......do*............. Do. County.

Emerg; July 17, 1986, Reg; Dec. 16, 2005, Susp.

Region VI

New Mexico: Jal, City of, Lea

350030 Sept. 28, 1977, ......do*............. Do. County.

Emerg; Aug. 19, 1985, Reg; Dec. 16, 2005, Susp. Region VIII

Utah:

North Ogden, City of, Weber

490214 Oct. 2, 1975, ......do*............. Do. County.

Emerg; Jan. 19, 1983, Reg; Dec. 16, 2005, Susp.

Ogden, City of, Weber

490189 Dec. 27, 1974, ......do*............. Do. County.

Emerg; Jan. 19, 1983, Reg; Dec. 16, 2005, Susp.

Plain City, City of, Weber

490217 Feb. 17, 1978, ......do*............. Do. County.

Emerg; May 19, 1981, Reg; Dec. 16, 2005, Susp.

Riverdale, City of, Weber

490190 Oct. 4, 1974, ......do*............. Do. County.

Emerg; Feb. 3, 1982, Reg; Dec. 16, 2005, Susp.

Roy, City of, Weber County.

490223 Jan. 16, 1976, ......do*............. Do. Emerg; Oct. 24, 1978, Reg; Dec. 16, 2005, Susp.

South Ogden, City of, Weber

490191 Aug. 2, 1974, ......do*............. Do. County.

Emerg; Mar. 1, 1982, Reg; Dec. 16, 2005, Susp.

Uintah, City of, Weber

490192 Apr. 30, 1974, ......do*............. Do. County.

Emerg; May 19, 1981, Reg; Dec. 16, 2005, Susp.

Weber County,

490187 Mar. 25, 1975, ......do*............. Do. Unincorporated Areas.

Emerg; July 19, 1982, Reg; Dec. 16, 2005, Susp.

West Haven, City of, Weber

490249 Apr. 6, 1999, ......do*............. Do. County.

Emerg; Dec. 16, 2005, Reg; Dec. 16, 2005, Susp.

*do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[Page 74206]

Dated: Dec. 9, 2005. Michael K. Buckley, Deputy Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

FR Doc. 05-24062 Filed 12-14-05; 8:45 amBILLING CODE 9110-12-P

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