Federal Register, Volume 70 Issue 189 (Friday, September 30, 2005)

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57179-57181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19637]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7895]

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 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.

[[Page 57180]]

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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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 II

New Jersey:
East Rutherford, Borough 340028 June 24, 1975, 09/30/2005............ 09/30/2005
of, Bergen County. Emerg; December
16, 1980, Reg;
September 30,
2005, Susp.
Edgewater, Borough of, 340029 September 25, ......do.............. Do.
Bergen County.. 1975, Emerg;
April 1, 1983,
Reg; September
30, 2005, Susp.
Fair Lawn, Borough of, 340033 April 4, 1974, ......do.............. Do.
Bergen County. Emerg; July 2,
1981, Reg;
September 30,
2005, Susp.
Fairview, Borough of, 340034 July 16, 1975, ......do.............. Do.
Bergen County. Emerg; August 2,
1982, Reg;
September 30,
2005, Susp.
Glen Rock, Borough of, 340038 February 12, ......do.............. Do.
Bergen County.. 1975, Emerg;
July 2, 1981,
Reg; September
30, 2005, Susp..
Hackensack, City of, Bergen 340039 October 2, 1974, ......do.............. Do.
County. Emerg; December
1, 1982, Reg;
September 30,
2005, Susp.
Harrington Park, Borough 340040 April 16, 1975, ......do.............. Do.
of, Bergen County. Emerg; April 15,
1981, Reg;
September 30,
2005, Susp.
Hasbrouck Heights, Borough 340041 July 8, 1975, ......do.............. Do.
of, Bergen County. Emerg; June 30,
1976, Reg;
September 30,
2005, Susp.
Hillsdale, Borough of, 340043 November 19, ......do.............. Do.
Bergen County. 1971, Emerg;
December 15,
1981, Reg;
September 30,
2005, Susp..
Mahwah, Township of, Bergen 340049 October 13, 1972, ......do.............. Do.
County.. Emerg; November
3, 1982, Reg;
September 30,
2005, Susp.
Montvale, Borough of, 340052 May 2, 1975, ......do.............. Do.
Bergen County.. Emerg; June 15,
1981, Reg;
September 30,
2005, Susp.
North Arlington, Borough 340055 July 3, 1975, ......do.............. Do.
of, Bergen County. Emerg; April 3,
1978, Reg;
September 30,
2005, Susp.
Oakland, Borough of, Bergen 345309 June 30, 1970, ......do.............. Do.
County. Emerg; June 30,
1970, Reg;
September 30,
2005, Susp..
Old Tappan, Borough of, 340059 October 6, 1972, ......do.............. Do.
Bergen County. Emerg; April 15,
1977, Reg;
September 30,
2005, Susp.
Oradell, Borough of, Bergen 340060 November 24, ......do.............. Do.
County. 1972, Emerg;
March 15, 1977,
Reg; September
30, 2005, Susp.
Palisades Park, Borough of, 340061 May 22, 1975, ......do.............. Do.
Bergen County. Emerg; June 1,
1982, Reg;
September 30,
2005, Susp..
Park Ridge, Borough of, 340063 February 19, ......do.............. Do.
Bergen County 1975, Emerg; May
5, 1981, Reg;
September 30,
2005, Susp.
Ramsey, Borough of, Bergen 340064 January 21, 1974, ......do.............. Do.
County. Emerg; September
2, 1981, Reg;
September 30,
2005, Susp.
Ridgefield Park, Village 340066 May 8, 1975, ......do.............. Do.
of, Bergen County. Emerg; October
15, 1982, Reg;
September 30,
2005, Susp.
Rochelle Park, Township of, 340070 February 16, ......do.............. Do.
Bergen County. 1973, Emerg;
March 28, 1980,
Reg; September
30, 2005, Susp.
Saddle Brook, Township of, 340074 June 10, 1974, ......do.............. Do.
Bergen County. Emerg; April 15,
1982, Reg;
September 30,
2005, Susp.
Woodcliff Lake, Borough of, 340082 July 15, 1975, ......do.............. Do.
Bergen County. Emerg; September
2, 1981, Reg;
September 30,
2005, Susp.

[[Page 57181]]

Region V

Wisconsin: Manitowoc, City 550240 May 21, 1971, ......do.............. Do.
of, Manitowoc County. Emerg; April 15,
1977, Reg;
September 30,
2005, Susp.

Region VII

Nebraska: Brule, Village 310128 July 10, 1975, ......do.............. Do.
of, Keith County. Emerg; September
27, 1985, Reg;
September 30,
2005, Susp.
Campbell, Village of, 310256 January 6, 1998, ......do.............. Do.
Franklin County.. Emerg; March 1,
2001, Reg;
September 30,
2005, Susp.

Region VIII

Colorado: Castle Rock, Town 080050 April 22, 1975, ......do.............. Do.
of, Douglas County. Emerg; August
15, 1978, Reg;
September 30,
2005, Susp.
Larkspur, Town of, Douglas 080309 March 27, 1987, ......do.............. Do.
County. Emerg; September
30, 1987, Reg;
September 30,
2005, Susp.

Region IX

Arizona: Fountain Hills, 040135 February 10, ......do.............. Do.
Town of, Maricopa County. 1994, Emerg;
February 10,
1994, Reg;
September 30,
2005, Susp.
Paradise Valley, Town of, 040049 September 15, ......do.............. Do.
Maricopa County. 1972, Emerg; May
1, 1980, Reg;
September 30,
2005, Susp.
California: Fresno, City 060048 October 30, 1975, ......do.............. Do.
of, Santa Barbara County. Emerg; December
1, 1982, Reg;
September 30,
2005, Susp.
Guadalupe, City of, Santa 060333 August 21, 1975, ......do.............. Do.
Barbara County. Emerg; April 30,
1982, Reg;
September 30,
2005, Susp..
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*......do....=Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: September 21, 2005.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-19637 Filed 9-29-05; 8:45 am]
BILLING CODE 9110-12-P