[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Rules and Regulations]
[Pages 31022-31024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12370]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7833]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 31023]]

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 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
                                   Community    cancellation of    Current effective map   assistance no longer
       State and location             No.        sale of flood             date            available in special
                                                  insurance in                              flood hazard areas
                                                   community
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          Region VIII
 
South Dakota: Cheyenne River           461203  February 25,       May 3, 2004...........  June 2, 2004.
 Sioux Tribe Reservation,                       1997, Emerg.;
 Ziebach County.                                June 8, 1998,
                                                Reg.; June 2,
                                                2004, Susp.
 
            Region V
 
Illinois:
    Albers, Village of, Clinton        170045  March 10, 1975,    June 2, 2004..........   Do.
     County.                                    Emerg.; October
                                                5, 1984, Reg.;
                                                June 2, 2004,
                                                Susp.
    Breese, City of, Clinton           170046  February 3, 1976,  ......do..............   Do.
     County.                                    Emerg.; February
                                                6, 1984, Reg.;
                                                June 2, 2004,
                                                Susp.
    Carlyle, City of, Clinton          170047  September 8,       ......do..............   Do.
     County.                                    1975, Emerg.;
                                                September 4,
                                                1985, Reg. June
                                                2, 2004.
    Clinton County,                    170044  June 10, 1977,     ......do..............   Do.
     Unincorporated Areas.                      Emerg.; May 1,
                                                1987, Reg.; June
                                                2, 2004, Susp.
    Germantown, Village of,            170049  March 31, 1983,    ......do..............   Do.
     Clinton County.                            Emerg.; July 20,
                                                1984, Reg.; June
                                                2, 2004, Susp.
    Keyesport, Village of,             170860  July 19, 1978,     ......do..............   Do.
     Clinton County.                            Emerg.; August
                                                19, 1985, Reg.;
                                                June 2, 2004,
                                                Susp.
    New Baden, Village of,             170050  November 25,       ......do..............   Do.
     Clinton County.                            1975, Emerg.;
                                                September 4,
                                                1986, Reg.; June
                                                2, 2004, Susp.
    Trenton, City of, Clinton          170924  December 24,       ......do..............   Do.
     County.                                    2002, Emerg.;
                                                June 2, 2004,
                                                Reg.; June 2,
                                                2004, Susp.
 
           Region VII
 
Missouri: Albany, City of,             290145  July 23, 1975,     ......do..............   Do.
 Gentry County.                                 Emerg.; August
                                                19, 1985, Reg.;
                                                June 2, 2004,
                                                Susp.
 

[[Page 31024]]

 
            Region I
 
Massachusetts: North Reading,          250209  March 17, 1972,    June 16, 2004.........  June 16, 2004.
 Town of, Middlesex County.                     Emerg.; April 3,
                                                1978, Reg.; June
                                                16, 2004, Susp.
 
           Region II
 
New York:
    Newfane, Town of, Niagara          360504  April 10, 1973,    ......do..............   Do.
     County.                                    Emerg.; November
                                                18, 1981, Reg.;
                                                June 16, 2004,
                                                Susp.
    Niagara Falls, City of,            360506  May 9, 1973,       ......do..............   Do.
     Niagara County.                            Emerg.; March
                                                16, 1983, Reg.;
                                                June 16, 2004,
                                                Susp.
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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