[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Rules and Regulations]
[Pages 54481-54483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18293]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7893]


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

[[Page 54482]]

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.

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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                                                                                                  Date certain
                                                        Effective date                              Federal
                                        Community       authorization/      Current effective    assistance no
         State and location                No.       cancellation of sale        map date       longer available
                                                     of flood insurance in                      in special flood
                                                           community                              hazard areas
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              Region VI
 
Texas:
    Midland City of, Midland County.        480477  May 16, 1975, Emerg;              9/16/05            9/16/05
                                                     September 27, 1991,
                                                     Reg; September 16,
                                                     2005, Susp.
    Midland County, Unincorporated          481239  March 8, 1978, Emerg;             9/16/05            9/16/05
     Areas.                                          September 27, 1991,
                                                     Reg; September 16,
                                                     2005, Susp.
    Odessa, City of, Midland County.        480206  March 27, 1980; Emerg;            9/16/05            9/16/05
                                                     March 4, 1991, Reg;
                                                     September 16, 2005,
                                                     Susp.
 
              Region IX
 
2Hawaii: Kauai County, All                  150002  April 2, 1971, Emerg;             9/16/05           9/16/05
 Jurisdictions.                                      November 4, 1981,
                                                     Reg; September 16,
                                                     2005, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 54483]]

    Dated: September 8, 2005.
Michael K. Buckley,
Deputy Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-18293 Filed 9-14-05; 8:45 am]
BILLING CODE 9110-12-P