[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Rules and Regulations]
[Pages 23659-23662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9828]


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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.

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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suspension date given in this rule, the suspension will be withdrawn by 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:

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                                                 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