Flood insurance; communities eligible for sale: Various States,

[Federal Register: April 4, 2006 (Volume 71, Number 64)]

[Rules and Regulations]

[Page 16708-16710]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04ap06-6]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7917]

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: 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 Additional Information Contact: William H. Lesser, Mitigation Division, 500 C Street SW., Washington, DC 20472, (202) 646-2807.

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 16709]]

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

Date certain authorization/

federal State and location

Community cancellation of sale Current effective assistance no No. of flood insurance in map date longer available community

in SFHAs

Region IV North Carolina:

Carolina Beach, Town of, New

375347 May 21, 1971, Emerg;

04/03/06

04/03/06 Hanover County.

May 2, 1975, Reg; April 3, 2006, Susp.

Kure Beach, Town of, New Hanover

370170 September 12, 1974,

04/03/06

04/03/06 County.

Emerg; January 6, 1982, Reg; April 3, 2006, Susp.

New Hanover County,

370168 June 23, 1972, Emerg;

04/03/06

04/03/06 Unincorporated Areas.

July 17, 1978, Reg; April 3, 2006, Susp.

Wilmington, City of, New Hanover

370171 January 16, 1974,

04/03/06

04/03/06 County.

Emerg; April 17, 1978, Reg; April 3, 2006, Susp.

Wrightsville Beach, Town of, New

375361 June 12, 1970, Emerg;

04/03/06

04/03/06 Hanover County.

November 6, 1970, Reg; April 3, 2006, Susp.

Region V Ohio:

Adena, Village of, Jefferson

390295 February 18, 1977,

04/05/06

04/05/06 County.

Emerg; December 1, 1983, Reg; April 5, 2006, Susp.

Bellaire, Village of, Belmont

390025 August 1, 1975, Emerg;

04/05/06

04/05/06 County.

November 2, 1983, Reg; April 5, 2006, Susp.

Belmont County, Unincorporated

390762 June 3, 1976, Emerg;

04/05/06

04/05/06 Areas.

February 4, 1988, Reg; April 5, 2006, Susp.

Bethesda, Village of, Belmont

390674 July 13, 1990, Emerg;

04/05/06

04/05/06 County.

July 13, 1990, Reg; April 5, 2006, Susp.

Bridgeport, Village of, Belmont

390026 November 2, 1974,

04/05/06

04/05/06 County.

Emerg; February 1, 1979, Reg; April 5, 2006, Susp.

Brookside, Village of, Belmont

390027 March 20, 1975, Emerg;

04/05/06

04/05/06 County.

February 4, 1988, Reg; April 5, 2006, Susp.

Columbiana County,

390076 May 12, 1977, Emerg;

04/05/06

04/05/06 Unincorporated Areas.

March 5, 1990, Reg; April 5, 2006, Susp.

Holloway, Village of, Belmont

390028 August 11, 1975,

04/05/06

04/05/06 County.

Emerg; September 18, 1985, Reg; April 5, 2006, Susp.

Irondale, Village of, Jefferson

390741 February 9, 1977,

04/05/06

04/05/06 County.

Emerg; October 18, 1983, Reg; April 5, 2006, Susp.

Martins Ferry, City of, Belmont

390029 June 2, 1975, Emerg;

04/05/06

04/05/06 County.

July 5, 1983, Reg; April 5, 2006, Susp.

New Waterford, Village of,

390663 June 12, 1975, Emerg;

04/05/06

04/05/06 Columbiana County.

May 1, 1987, Reg; April 5, 2006, Susp.

Rogers, Village of, Columbiana

390645 August 8, 1990, Emerg;

04/05/06

04/05/06 County.

December 1, 1991, Reg; April 5, 2006, Susp.

[[Page 16710]]

Salineville, Village of,

390628 March 21, 1978, Emerg;

04/05/06

04/05/06 Columbiana County.

August 5, 1991, Reg; April 5, 2006, Susp.

Shadyside, Village of, Belmont

390031 January 21, 1975,

04/05/06

04/05/06 County.

Emerg; July 18, 1983, Reg; April 5, 2006, Susp.

Steubenville, City of, Jefferson

390302 August 6, 1975, Emerg;

04/05/06

04/05/06 County.

January 6, 1983, Reg; April 5, 2006, Susp.

Stratton, Village of, Jefferson

390303 June 27, 1975, Emerg;

04/05/06

04/05/06 County.

October 15, 1982, Reg; April 5, 2006, Susp.

Tiltonsville, Village of,

390634 July 30, 1975, Emerg;

04/05/06

04/05/06 Jefferson County.

October 15, 1982, Reg; April 5, 2006, Susp.

Washingtonville, Village of,

390087 January 26, 1996,

04/05/06

04/05/06 Columbiana County.

Emerg; April 5, 2006, Reg; April 5, 2006, Susp.

Wellsville, Village of,

390088 February 27, 1975,

04/05/06

04/05/06 Columbiana County.

Emerg; September 29, 1978, Reg; April 5, 2006, Susp.

Yorkville, Village of, Belmont

390033 May 9, 1975, Emerg;

04/05/06

04/05/06 and Jefferson Counties.

October 15, 1982, Reg; April 5, 2006, Susp.

Region VII Missouri:

Arnold, City of, Jefferson

290188 October 29, 1973,

04/05/06

04/05/06 County.

Emerg; January 16, 1980, Reg; April 5, 2006, Susp.

Byrnes Mill, City of, Jefferson

290891 May 16, 1983, Emerg;

04/05/06

04/05/06 County.

May 16, 1983, Reg; April 5, 2006, Susp.

Festus, City of, Jefferson

290191 September 3, 1971,

04/05/06

04/05/06 County.

Emerg; February 14, 1976, Reg; April 5, 2006, Susp.

Herculaneum, City of, Jefferson

290192 January 28, 1974,

04/05/06

04/05/06 County.

Emerg; May 15, 1978, Reg; April 5, 2006, Susp.

Hillsboro, City of, Jefferson

290573 September 25, 2003,

04/05/06

04/05/06 County.

Emerg; April 1, 2004, Reg; April 5, 2006, Susp.

Jefferson County, Unincorporated

290808 June 10, 1975, Emerg;

04/05/06

04/05/06 Areas.

May 15, 1983, Reg; April 5, 2006, Susp.

Kimmswick, City of, Jefferson

290193 April 15, 1974, Emerg;

04/05/06

04/05/06 County.

January 6, 1982, Reg; April 5, 2006, Susp.

Pevely, City of, Jefferson

290677 September 20, 1976,

04/05/06

04/05/06 County.

Emerg; September 18, 1985, Reg; April 5, 2006, Susp.

Scotsdale, Town of, Jefferson

290949 October 21, 2002,

04/05/06

04/05/06 County.

Emerg; October 21, 2002, Reg; April 5, 2006, Susp.

Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: March 23, 2006. David I. Maurstad, Acting Mitigation Division Director, Federal Emergency Management Agency, Department of Homeland Security.

[FR Doc. 06-3189 Filed 4-3-06; 8:45 am]

BILLING CODE 9110-12-P