[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8534-8535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3266]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7867]


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.

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 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,

[[Page 8535]]

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   assist ance no longer
       State and location             No.        sale of flood             date            available in special
                                                  insurance in                              flood hazard  areas
                                                   community
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           Region IV
 
Florida:
    Islamorada, Village of,            120424  October 1, 1998,   Feb. 18, 2005.........  Feb. 18, 2005.
     Monroe County.                             Emerg; October
                                                1, 1998, Reg;
                                                February 18,
                                                2005, Susp.
    Marathon, City of, Monroe          120681  October 16, 2000,  ......do *............   Do.
     County.                                    Emerg; October
                                                16, 2000, Reg;
                                                February 18,
                                                2005, Susp.
     North Carolina: Lumberton,        370203  March 5, 1975,     Jan. 19, 2005.........   Do.
     City of, Robeson County.                   Emerg; November
                                                5, 1980, Reg;
                                                February 18,
                                                2005, Susp.
    Orrum, Town of, Robeson            370349  March 11, 1997,    ......do..............   Do.
     County.                                    Emerg; March 11,
                                                1997, Reg;
                                                February 18,
                                                2005, Susp.
           Region VI
 
Arkansas:
    Caldwell, Town of, St.             050185  May 28, 1975,      Feb. 18, 2005.........   Do.
     Francis County.                            Emerg; October
                                                19, 1982, Reg;
                                                Feb. 18, 2005,
                                                Susp.
    Forrest City, City of, St.         050187  May 5, 1975,       ......do..............   Do.
     Francis County.                            Emerg; December
                                                4, 1979, Reg;
                                                February 18,
                                                2005, Susp.
    Hughes, City of, St.               050188  July 11, 1975,     ......do..............   Do.
     Francis County.                            Emerg; November
                                                1, 1985, Reg;
                                                February 18,
                                                2005, Susp.
    Palestine, City of, St.            050359  June 17, 1975,     ......do..............   Do.
     Francis County.                            Emerg; October
                                                12, 1982, Reg;
                                                February 18,
                                                2005, Susp.
    St. Francis County,                050184  September 4,       ......do..............   Do.
     Unincorporated Areas.                      1979, Emerg;
                                                November 1,
                                                1985, Reg;
                                                February 18,
                                                2005, Susp.
    Wheatley, City of, St.             050384  August 17, 1983,   ......do..............   Do.
     Francis County.                            Emerg; September
                                                4, 1985, Reg;
                                                February 18,
                                                2005, Susp.
Missouri:
    Callaway County,                   290049  September 30,      ......do..............   Do.
     Unincorporated Areas.                      1983, Emerg;
                                                January 3, 1985,
                                                Reg; February
                                                18, 2005, Susp.
    Fulton, City of, Callaway          290051  July 19, 1976,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1983, Reg;
                                                February 18,
                                                2005, Susp.
    Jefferson, City of,                290108  April 23, 1971,    ......do..............   Do.
     Callaway County.                           Emerg; April 15,
                                                1980, Reg;
                                                February 18,
                                                2005, Susp.
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* do = Ditto
 Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-3266 Filed 2-18-05; 8:45 am]
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