[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Rules and Regulations]
[Pages 60309-60311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22679]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7849]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 60310]]

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
       State and location          Community    cancellation of    Current effective map   assistance no longer
                                      No.       flood insurance            date            available in special
                                                  in community                              flood hazard areas
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           Region IV
 
North Carolina:
    Camden County,                     370042  May 14, 1974,      Oct. 5, 2004..........  Oct. 5, 2004.
     Unincorporated Areas..                     Emerg. Dec. 4,
                                                1985, Reg. Oct.
                                                5, 2004, Susp.
    Hertford, Town of,                 370188  Apr. 8, 1974,      ......do..............   Do.
     Perquimans County.                         Emerg. July 3,
                                                1985, Reg. Oct.
                                                5, 2004, Susp.
    Perquimans County,                 370315  Oct. 21, 1981,     ......do..............   Do.
     Unincorporated Areas.                      Emerg. July 3,
                                                1985, Reg. Oct.
                                                5, 2004, Susp.
    Winfall, Town of Perquimans        370345  Nov. 5, 1992,      ......do..............   Do.
     County.                                    Emerg. Nov. 5,
                                                1992, Reg. Oct.
                                                5, 2004, Susp.
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* Do =Ditto.
Code for reading third column: Emerg;--Emergency; Reg;--Regular; Susp.--Suspension.



[[Page 60311]]

    Dated: September 29, 2004.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-22679 Filed 10-7-04; 8:45 am]
BILLING CODE 9110-12-P