[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Rules and Regulations]
[Pages 74204-74206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24062]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7905]


Suspension of Community Eligibility

AGENCY: Mitigation Division, Federal Emergency Management Agency 
(FEMA), 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 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 NFIP, 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, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) 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

[[Page 74205]]

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 identified SFHAs for 
communities not participating in the NFIP and identified for more than 
a year, on FEMA'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 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were 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 
remedial action takes place.
    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 is revised 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
The tables published under the authority of Sec.  64.6 are amended as 
follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
         State/location               No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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            Region I
 
Connecticut: South Windsor,            090036  July 25, 1974,     Dec. 16, 2005.........  Dec. 16, 2005.
 Town of, Hartford County.                      Emerg; May 1,
                                                1980, Reg; Dec.
                                                16, 2005, Susp.
 
           Region IV
 
North Carolina:
    Currituck County,                  370078  Mar. 4, 1974,      ......do*.............   Do.
     Unincorporated Areas.                      Emerg; Nov. 1,
                                                1984, Reg; Dec.
                                                16, 2005, Susp.
    Tennessee: Benton County,          470218  Oct. 4, 1989,      ......do*.............   Do.
     Unincorporated Areas.                      Emerg; July 2,
                                                1991, Reg; Dec.
                                                16, 2005, Susp.
    Camden, City of, Benton            470010  Apr. 2, 1975,      ......do*.............   Do.
     County.                                    Emerg; July 17,
                                                1986, Reg; Dec.
                                                16, 2005, Susp.
 
           Region VI
 
New Mexico: Jal, City of, Lea          350030  Sept. 28, 1977,    ......do*.............   Do.
 County.                                        Emerg; Aug. 19,
                                                1985, Reg; Dec.
                                                16, 2005, Susp.
          Region VIII
 
Utah:
    North Ogden, City of, Weber        490214  Oct. 2, 1975,      ......do*.............   Do.
     County.                                    Emerg; Jan. 19,
                                                1983, Reg; Dec.
                                                16, 2005, Susp.
    Ogden, City of, Weber              490189  Dec. 27, 1974,     ......do*.............   Do.
     County.                                    Emerg; Jan. 19,
                                                1983, Reg; Dec.
                                                16, 2005, Susp.
    Plain City, City of, Weber         490217  Feb. 17, 1978,     ......do*.............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg; Dec.
                                                16, 2005, Susp.
    Riverdale, City of, Weber          490190  Oct. 4, 1974,      ......do*.............   Do.
     County.                                    Emerg; Feb. 3,
                                                1982, Reg; Dec.
                                                16, 2005, Susp.
    Roy, City of, Weber County.        490223  Jan. 16, 1976,     ......do*.............   Do.
                                                Emerg; Oct. 24,
                                                1978, Reg; Dec.
                                                16, 2005, Susp.
    South Ogden, City of, Weber        490191  Aug. 2, 1974,      ......do*.............   Do.
     County.                                    Emerg; Mar. 1,
                                                1982, Reg; Dec.
                                                16, 2005, Susp.
    Uintah, City of, Weber             490192  Apr. 30, 1974,     ......do*.............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg; Dec.
                                                16, 2005, Susp.
    Weber County,                      490187  Mar. 25, 1975,     ......do*.............   Do.
     Unincorporated Areas.                      Emerg; July 19,
                                                1982, Reg; Dec.
                                                16, 2005, Susp.
    West Haven, City of, Weber         490249  Apr. 6, 1999,      ......do*.............   Do.
     County.                                    Emerg; Dec. 16,
                                                2005, Reg; Dec.
                                                16, 2005, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 74206]]

    Dated: Dec. 9, 2005.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 05-24062 Filed 12-14-05; 8:45 am]
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