Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.
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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.
The effective date of each community's suspension is the third date (“Susp.”) listed in the third column of the following tables.
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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mike Grimm, Mitigation Division, 500 C Street, SW., Room 412, Washington, DC 20472, (202) 646-2878.End Further Info End Preamble Start Supplemental 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 Start Printed Page 31023the 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 Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991 Comp.; p. 309.Start List of Subjects
List of Subjects in 44 CFR Part 64
- Flood insurance
Accordingly, 44 CFR part 64 is amended as follows:End Amendment Part Start Part
PART 64—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 64 continues to read as follows:End Amendment Part
2. The tables published under the authority of § 64.6 are amended as follows:End Amendment Part
|State and location||Community No.||Effective date authorization/cancellation of sale of flood insurance in community||Current effective map date||Date certain federal assistance no longer available in special flood hazard areas|
|South Dakota: Cheyenne River Sioux Tribe Reservation, Ziebach County||461203||February 25, 1997, Emerg.; June 8, 1998, Reg.; June 2, 2004, Susp||May 3, 2004||June 2, 2004.|
|Albers, Village of, Clinton County||170045||March 10, 1975, Emerg.; October 5, 1984, Reg.; June 2, 2004, Susp||June 2, 2004||Do.|
|Breese, City of, Clinton County||170046||February 3, 1976, Emerg.; February 6, 1984, Reg.; June 2, 2004, Susp||......do||Do.|
|Carlyle, City of, Clinton County||170047||September 8, 1975, Emerg.; September 4, 1985, Reg. June 2, 2004||......do||Do.|
|Clinton County, Unincorporated Areas||170044||June 10, 1977, Emerg.; May 1, 1987, Reg.; June 2, 2004, Susp||......do||Do.|
|Germantown, Village of, Clinton County||170049||March 31, 1983, Emerg.; July 20, 1984, Reg.; June 2, 2004, Susp||......do||Do.|
|Keyesport, Village of, Clinton County||170860||July 19, 1978, Emerg.; August 19, 1985, Reg.; June 2, 2004, Susp||......do||Do.|
|New Baden, Village of, Clinton County||170050||November 25, 1975, Emerg.; September 4, 1986, Reg.; June 2, 2004, Susp||......do||Do.|
|Trenton, City of, Clinton County||170924||December 24, 2002, Emerg.; June 2, 2004, Reg.; June 2, 2004, Susp||......do||Do.|
|Missouri: Albany, City of, Gentry County||290145||July 23, 1975, Emerg.; August 19, 1985, Reg.; June 2, 2004, Susp||......do||Do.|
|Start Printed Page 31024|
|Massachusetts: North Reading, Town of, Middlesex County||250209||March 17, 1972, Emerg.; April 3, 1978, Reg.; June 16, 2004, Susp||June 16, 2004||June 16, 2004.|
|Newfane, Town of, Niagara County||360504||April 10, 1973, Emerg.; November 18, 1981, Reg.; June 16, 2004, Susp||......do||Do.|
|Niagara Falls, City of, Niagara County||360506||May 9, 1973, Emerg.; March 16, 1983, Reg.; June 16, 2004, Susp||......do||Do.|
|Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.|
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 04-12370 Filed 6-1-04; 8:45 am]
BILLING CODE 9110-12-P