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Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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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.

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FOR FURTHER INFORMATION CONTACT:

David Stearrett, Mitigation Division, 500 C Street, SW., Washington, DC 20472, (202) 646-2953.

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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. Start Printed 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.

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List of Subjects in 44 CFR part 64.

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Flood insurance, Floodplains.

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Accordingly,

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PART 64—[AMENDED]

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1. The authority citation for part 64 is revised to read as follows:

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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.

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[Amended]
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The tables published under the authority of § 64.6 are amended as follows:

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State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assist- ance no longer available in SFHAs
Region II
New Jersey:
Berkeley Heights, Township of, Union County340459December 30, 1971, Emerg; March 1, 1978, Reg; September 20, 2006, SuspSept. 20, 2006Sept. 20, 2006.
Clark, Township of, Union County345290July 10, 1970, Emerg; December 23, 1971, Reg; September 20, 2006, Susp......do*  Do.
Cranford, Township of, Union County345291June 19, 1970, Emerg; June 25, 1971, Reg; September 20, 2006, Susp......do  Do.
Elizabeth, City of, Union County345523May 22, 1970, Emerg; May 7, 1971, Reg; September 20, 2006, Susp......do  Do.
Fanwood, Borough of, Union County340463June 16, 1972, Emerg; October 28, 1977, Reg; September 20, 2006, Susp......do  Do.
Garwood, Borough of, Union County340464June 23, 1972, Emerg; February 1, 1977, Reg; September 20, 2006, Susp......do  Do.
Hillside, Township of, Union County340465December 3, 1971, Emerg; September 14, 1979, Reg; September 20, 2006, Susp......do  Do.
Kenilworth, Borough, Union County340466February 9, 1973, Emerg; March 2, 1983, Reg; September 20, 2006, Susp......do  Do.
Linden, City of, Union County340467November 20, 1970, Emerg; November 24, 1976, Reg; September 20, 2006, Susp......do  Do.
Mountainside, Borough of, Union County340468June 9, 1972, Emerg; February 16, 1977, Reg; September 20, 2006, Susp......do  Do.
New Providence, Borough of, Union County345306July 16, 1971, Emerg; November 23, 1973, Reg; September 20, 2006, Susp......do  Do.
Plainfield, City of, Union County345312June 19, 1970, Emerg; June 25, 1971, Reg; September 20, 2006, Susp......do  Do.
Rahway, City of, Union County345314June 30, 1970, Emerg; December 17, 1971, Reg; September 20, 2006, Susp......do  Do.
Roselle Park, Borough of, Union County340473April 25, 1973, Emerg; June 4, 1980, Emerg; September 20, 2006, Susp......do  Do.
Roselle, Borough of, Union County340472December 17, 1971, Emerg; July 17, 1978, Emerg; September 20, 2006, Susp......do  Do.
Scotch Plains, Township of, Union County340474August 18, 1972, Emerg; September 30, 1977, Emerg; September 20, 2006, Susp......do  Do.
Springfield, Township of, Union County345321August 7, 1970, Emerg; October 1, 1971, Reg; September 20, 2006, Susp......do  Do.
Summit, City of, Union County340476November 24, 1972, Emerg; February 2, 1977, Reg; September 20, 2006, Susp......do  Do.
Union, Township of, Union County340477June 2, 1972, Emerg; August 1, 1978, Reg; September 20, 2006, Susp......do  Do.
Westfield, Town of, Union County340478September 24, 1974, Emerg; December 18, 1979, Reg; September 20, 2006, Susp......do  Do.
Region IV
North Carolina:
Dare County, Unincorporated Areas375348April 9, 1971, Emerg; October 6, 1978, Reg; September 20, 2006, Susp......do  Do.
Duck, Town of, Dare County370632November 6, 2003, Emerg; November 6, 2003, Reg; September 20, 2006, Susp......do  Do.
Kill Devil Hills, Town of, Dare County375353February 4, 1972, Emerg; May 4, 1973, Reg; September 20, 2006, Susp......do  Do.
Kitty Hawk, Town of, Dare County370439April 9, 1971, Emerg; October 6, 1978, Reg; September 20, 2006, Susp......do  Do.
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Manteo, Town of, Dare County375355March 17, 1972, Emerg; January 5, 1973, Reg; September 20, 2006, Susp......do  Do.
Nags Head, Town of, Dare County375356December 17, 1971, Emerg; November 10, 1972, Reg; September 20, 2006, Susp......do  Do.
Southern Shores, Town of, Dare County370430April 8, 1971, Emerg; May 13, 1972, Reg; September 20, 2006, Susp......do  Do.
Kentucky: Oldham County, Unincorporated Areas210185March 10, 1972, Emerg; August 19, 1987, Reg; September 20, 2006, Susp......do  Do.
Tennessee:
Gallatin, City of, Sumner County470185May 27, 1975, Emerg; August 3, 1981, Reg; September 20, 2006, Susp......do  Do.
Goodlettsville, City of, Davidson and Sumner Counties470287April 21, 1975, Emerg; June 15, 1981, Reg; September 20, 2006, Susp......do  Do.
Hendersonville, City of, Sumner County470186May 28, 1974, Emerg; November 4, 1981,0 September 20, 2006, Susp......do  Do.
Millersville, City of, Sumner County470388August 30, 1982, Emerg; June 15, 1984, Reg; September 20, 2006, Susp......do  Do.
Portland, City of, Sumner County470187February 14, 1975, Emerg; August 4, 1987, Reg; September 20, 2006, Susp......do  Do.
Sumner County, Unincorporated Areas470349August 5, 1975, Emerg; June 19, 1985, Reg; September 20, 2006, Susp......do  Do.
Region V
Illinois: Dwight, Village of, Livingston County170423August 9, 1974, Emerg; November 1, 1990, Reg; September 20, 2006, Susp......do  Do.
Ohio: Findlay, City of, Hancock County390244January 15, 1975, Emerg; December 4, 1984, Reg; September 20, 2006, Susp......do  Do.
Region VIII
Montana:
Blaine County, Unincorporated Areas300144March 7, 1978, Emerg; May 19, 1987, Reg; September 20, 2006, Susp......do  Do.
Chinook, City of, Blaine County300003May 6, 1974, Emerg; May 19, 1987, Reg; September 20, 2006, Susp......do  Do.
Fort Belknap Indian Reservation, Blaine and Phillips Counties300180April 25, 1978, Emerg; December 17, 1987, Reg; September 20, 2006, Susp......do  Do.
*......do and Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
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Dated: September 5, 2006.

David I. Maurstad,

Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security.

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[FR Doc. E6-15260 Filed 9-13-06; 8:45 am]

BILLING CODE 9110-12-P