Flood insurance; communities eligible for sale: Various States,

[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]

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.

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:

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

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.

*......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]

BILLING CODE 9110-12-P

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