Flood insurance; communities eligible for sale: Various States,

[Federal Register: April 30, 2004 (Volume 69, Number 84)]

[Rules and Regulations]

[Page 23659-23662]

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

[DOCID:fr30ap04-10]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7829]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, 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 suspended on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.

DATES: Effective Dates: The effective date of each community's 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: Mike 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 National Flood Insurance Program, 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, the Federal Emergency Management Agency has identified the special flood hazard areas 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 the identified special flood hazard area of communities not participating in the NFIP and identified for more than a year, on the Federal Emergency Management Agency'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 a 6-month, 90-day, and 30-day notification addressed to the Chief Executive Officer that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications have been 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 they take remedial action.

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.

Executive Order 12612, Federalism. This rule involves no policies that have federalism implications under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987 Comp.; p. 252.

Executive Order 12778, Civil Justice Reform. This rule meets the applicable standards of section 2(b)(2) of Executive

[[Page 23660]]

Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991 Comp.; p. 309.

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 continues 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:

Effective date authorization/

Date certain federal State and location

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

date

available in special community

flood hazard areas

Region V Illinois: Auburn, City of,

170944 May 13, 1980, Emerg.; 5/3/2004............. 5/3/2004 Sangamon County.

August 19, 1985, Reg.; May 3, 2004; Susp.

Chatham, Village of,

170601 July 25, 1975,

......do *........... Do. Sangamon County.

Emerg.; September 2, 1981, Reg.; May 3, 2004, Susp.

Divernon, Village of,

170949 October 25, 1983, ......do............. Do. Sangamon County.

Emerg.; May 15, 1984, Reg.; May 3, 2004, Susp.

Jerome, Village of,

171004 January 16, 1980, ......do............. Do. Sangamon County.

Emerg.; November 16, 1983, Reg.; May 3, 2004, Susp.

Leland Grove, City of,

170925 March 24, 1977,

......do............. Do. Sangamon County.

Emerg.; December 16, 1982, Reg.; May 3, 2004, Susp.

Loami, Village of,

170795 July 29, 1975,

......do............. Do. Sangamon County.

Emerg.; September 4, 1985, Reg.; May 3, 2004, Susp.

Pawnee, Village of,

170602 July 10, 1975,

......do............. Do. Sangamon County.

Emerg.; May 3, 1982, Reg.; May 3, 2004, Susp.

Pleasant Plains, Village

170798 February 4, 1976, ......do............. Do. of, Sangamon County.

Emerg.; September 2, 1981, Reg.; May 3, 2004, Susp.

Riverton, Village of,

170603 November 20, 1981, ......do............. Do. Sangamon County.

Emerg.; December 1, 1981, Reg.; May 3, 2004, Susp.

Rochester, Village of,

170840 March 2, 1976,

......do............. Do. Sangamon County.

Emerg.; June 15, 1982, Reg.; May 3, 2004, Susp.

Sangamon County,

170912 July 29, 1975,

......do............. Do. Unincorporated Areas.

Emerg.; January 6, 1983, Reg. May 3, 2004, Susp.

Sherman, Village of,

170969 April 28, 1983,

......do............. Do. Sangamon County.

Emerg.; November 16, 1983, Reg.; May 3, 2004, Susp.

Springfield, City of,

170604 November 28, 1975, ......do............. Do. Sangamon County.

Emerg.; February 2, 1982, Reg.; May 3, 2004, Susp.

Thayer, Village of,

170804 November 25, 1975, ......do............. Do. Sangamon County.

Emerg.; May 3, 1982, Reg.; May 3, 2004, Susp.

Williamsville, Village

171041 September 14, 1995, ......do............. Do. of, Sangamon County.

Emerg.; May 3, 2004, Reg.; May 3, 2004; Susp. Region II New Jersey: Greenwich,

340483 May 19, 1975, Emerg.; 5/17/2004............ 5/17/2004 Township of, Warren County.

August 2, 1982, Reg.; May 17, 2004, Susp. New York: Schuyler Falls,

360172 January 21, 1977, ......do............. Do. Town of, Clinton County.

Emerg.; September 24, 1984, Reg.; May 17, 2004, Susp.

Victor, Village of,

361648 March 12, 1996,

......do............. Do. Ontario County.

Emerg.; May 17, 2004, Reg.; May 17, 2004, Susp.

Woodstock, Town of,

360868 May 28, 1975, Emerg.; ......do............. Do. Ulster County.

September 27, 1991, Reg.; May 17, 2004, Susp. Region V Ohio: Addyston, Village of,

390205 May 28, 1976, Emerg.; ......do............. Do. Hamilton County.

August 15, 1983, Reg.; May 17, 2004, Susp.

Amberley, Village of,

390206 November 16, 1973, ......do............. Do. Hamilton County.

Emerg.; September 30, 1980, Reg.; May 17, 2004, Susp.

Arlington Heights,

390207 February 23, 1990, ......do............. Do. Village of, Hamilton

Reg.; May 17, 2004, County.

Susp.

Blue Ash, City of,

390208 November 7, 1973, ......do............. Do. Hamilton County.

Emerg.; August 1, 1980, Reg.; May 17, 2004, Susp.

Cincinnati, City of,

390210 June 27, 1973,

......do............. Do. Hamilton County.

Emerg.; October 15, 1982, Reg.; May 17, 2004, Susp.

Cleves, Village of,

390211 August 19, 1975, ......do............. Do. Hamilton County.

Emerg.; February 1, 1984, Reg.; May 17, 2004, Susp.

[[Page 23661]]

Elmwood Place, Village

390213 February 28, 1975, ......do............. Do. of, Hamilton County.

Emerg.; December 18, 1984, Reg.; May 17, 2004, Susp.

Evendale, Villeage of,

390214 June 27, 1977,

......do............. Do. Hamilton County.

Emerg.; September 29, 1986, Reg.; May 17, 2004, Susp.

Fairfax, Village of,

390215 September 12, 1974, ......do............. Do. Hamilton County.

Emerg.; November 15, 1979, Reg.; May 17, 2004, Susp.

Glendale, Village of,

390217 October 22, 2003, ......do............. Do. Hamilton County.

Emerg.; May 17, 2004, Reg.; May 17, 2004, Susp.

Greenhills, Village of,

390219 May 6, 1975, Emerg.; ......do............. Do. Hamilton County.

September 1, 1993, Reg.; May 17, 2004, Susp.

Hamilton County,

390204 July 2, 1973, Emerg.; ......do............. Do. Unincorporated Areas.

June 1, 1982, Reg.; May 17, 2004, Susp.

Harrison, City of,

390220 July 7, 1975, Emerg.; ......do............. Do. Hamilton County.

April 3, 1985, Reg.; May 17, 2004, Susp.

Indian Hill, Village of,

390221 July 18, 1975,

......do............. Do. Hamilton County.

Emerg.; May 1, 1985, Reg.; May 17, 2004, Susp.

Lockland, Village of,

390223 September 6, 1978, ......do............. Do. Hamilton County.

Emerg.; September 4, 1986, Reg.; May 17, 2004, Susp.

Loveland, City of,

390068 November 15, 1974, ......do............. Do. Hamilton County.

Emerg.; September 1, 1978, Reg.; May 17, 2004, Susp.

Madeira, City of,

390225 September 19, 1974, ......do............. Do. Hamilton County.

Emerg.; November 15, 1979, Reg.; May 17, 2004, Susp.

Montgomery, City of,

390228 October 24, 1975, ......do............. Do. Hamilton County.

Emerg.; June 25, 1976, Reg.; May 17, 2004, Susp.

Mount Healthy, City of,

390229 November 28, 1975, ......do............. Do. Hamilton County.

Emerg.; December 15, 1978, Reg.; May 17, 2004, Susp.

Newtown, Village of,

390230 August 27, 1975, ......do............. Do. Hamilton County.

Emerg.; December 15, 1983, Reg.; May 17, 2004, Susp.

North Bend, Village of,

390231 March 22, 1976,

......do............. Do. Hamilton County.

Emerg.; October 18, 1983, Reg.; May 17, 2004, Susp.

North College Hill, City

390232 May 6, 1975, Emerg.; ......do............. Do. of, Hamilton County.

September 29, 1986, Reg.; May 17, 2004, Susp.

Reading, City of,

390234 August 27, 1975, ......do............. Do. Hamilton County.

Emerg.; December 18, 1986, Reg.; May 17, 2004, Susp.

Sharonville, City of,

390236 May 20, 1975, Emerg.; ......do............. Do. Hamilton County.

January 2, 1987, Reg.; May 17, 2004, Susp.

Springdale, City of,

390877 October 1, 1980, ......do............. Do. Hamilton County.

Emerg.; December 5, 1990, Reg.; May 17, 2004, Susp.

St. Bernard, City of,

390235 May 13, 1975, Emerg.; ......do............. Do. Hamilton County.

September 19, 1984, Reg.; May 17, 2004, Susp.

Terrace Park, Village of,

390633 November 14, 1975, ......do............. Do. Hamilton County.

Emerg.; January 5, 1984, Reg.; May 17, 2004, Susp.

Woodlawn, Village of,

390239 September 10, 1975, ......do............. Do. Hamilton County.

Emerg.; September 4, 1986, Reg.; May 17, 2004, Susp.

Wyoming, City of,

390240 May 19, 1975, Emerg.; ......do............. Do. Hamilton County.

March 2, 1979, Reg.; May 17, 2004, Susp. Region VIII North Dakota: Fort Yates,

380111 February 24, 1975, ......do............. Do. City of, Sioux County.

Emerg.; November 5, 1985, Reg.; May 17, 2004, Susp.

Sioux County,

380321 March 21, 1978,

......do............. Do. Unincorporated Areas.

Emerg.; January 16, 1987, Reg.; May 17, 2004, Susp.

Solen, City of, Sioux

380114 March 14, 1978,

......do............. Do. County.

Emerg.; June 4, 1987, Reg.; May 17, 2004, Susp.

Standing Rock Indian

380697 March 26, 1997,

......do............. Do. Reservation, Sioux

Emerg.; May 4, 1998, County.

Reg.; May 17, 2004, Susp. South Dakota: Blunt, City of,

460039 April 29, 1975,

......do............. Do. Hughes County.

Emerg.; May 15, 1980, Reg.; May 17, 2004, Susp.

[[Page 23662]]

Corson County,

460237 February 12, 1997, ......do............. Do. Unincorporated Areas.

Emerg.; June 8, 1998, Reg.; May 17, 2004, Susp.

Fort Pierre, City of,

465419 May 4, 1972, Emerg.; ......do............. Do. Stanley County.

January 12, 1973, Reg.; May 17, 2004, Susp.

Hughes County,

460271 February 24, 1997, ......do............. Do. Unincorporated Areas.

Emerg.; July 1, 1998, Reg.; May 17, 2004, Susp.

Pierre, City of, Hughes

460040 April 16, 1975,

......do............. Do. County.

Emerg.; June 4, 1980, Reg.; May 17, 2004, Susp.

Standing Rock Indian

461219 March 26, 1997,

......do............. Do. Reservation, Corson

Emerg.; May 4, 1998, County.

Reg.; May 17, 2004, Susp.

Stanley County,

460287 February 12, 1997, ......do............. Do. Unincorporated Areas.

Emerg.; June 8, 1998, Reg.; May 17, 2004, Susp.

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

Dated: April 22, 2004. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 04-9828 Filed 4-29-04; 8:45 am]

BILLING CODE 9110-12-P