[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2817-2819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-870]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7861]


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 scheduled for suspension 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 not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

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 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: Michael M. 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

[[Page 2818]]

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 
letter 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 sale  Current effective map   assistance no longer
                                    No.      of flood insurance in           date           available in special
                                                   community                                 flood hazard areas
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          Region III
 
Delaware: Bethany Beach, Town        105083  November 12, 1971,     1/6/2005.............  1/6/2005
 of, Sussex County.                           Emerg; April 6,
                                              1973, Reg; January
                                              6, 2005, Susp.
Dewey Beach, Town of, Sussex         100056  June 18, 1982, Emerg;  ......do.............   Do.
 County.                                      June 18, 1982, Reg;
                                              January 6, 2005,
                                              Susp.
South Bethany, Town of, Sussex       100051  September 15, 1972,    ......do.............   Do.
 County.                                      Emerg; October 6,
                                              1976, Reg; January
                                              6, 2005, Susp.
 
           Region V
 
Ohio: Brookville, City of,           390407  August 27, 1975,       ......do.............   Do.
 Montgomery County.                           Emerg; October 15,
                                              1981, Reg; January
                                              6, 2005, Susp.
Dayton, City of, Montgomery          390409  September 24, 1974,    ......do.............   Do.
 County.                                      Emerg; December 4,
                                              1979, Reg; January
                                              6, 2005, Susp.
Miamisburg, City of,                 390413  August 1, 1974,        ......do.............   Do.
 Montgomery County.                           Emerg; June 15,
                                              1981, Reg; January
                                              6, 2005, Susp.
Trotwood, City of, Montgomery        390417  July 2, 1974, Emerg;   ......do.............   Do.
 County.                                      December 18, 1979,
                                              Reg; January 6,
                                              2005, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 2819]]

David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-870 Filed 1-14-05; 8:45 am]
BILLING CODE 9110-12-P