[Federal Register Volume 71, Number 87 (Friday, May 5, 2006)]
[Rules and Regulations]
[Pages 26421-26422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4256]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7923]


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: 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 want to determine whether a particular community was 
suspended on the suspension date, contact the appropriate FEMA Regional 
Office.

FOR FURTHER INFORMATION CONTACT: William H. Lesser, Mitigation 
Division, 500 C Street, SW., Washington, DC 20472, (202) 646-2807.

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 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:

[[Page 26422]]



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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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           Region IV
 
North Carolina:
    Apex, Town of, Wake County.        370467  March 20, 1992,    May 2, 2006...........  May 2, 2006.
                                                Emerg; March 20,
                                                1992, Reg; May
                                                2, 2006, Susp.
    Cary, Town of, Wake County.        370238  July 1, 1975,      ......do*.............   Do.
                                                Emerg; July 17,
                                                1978, Reg; May
                                                2, 2006, Susp.
    Durham, City of, Durham            370086  July 13, 1973,     ......do..............   Do.
     County.                                    Emerg; January
                                                17, 1979, Reg;
                                                May 2, 2006,
                                                Susp.
    Durham County,                     370085  March 16, 1973,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                15, 1979, Reg;
                                                May 2, 2006,
                                                Susp.
    Fuquay-Varina, Town of,            370239  January 27, 1975,  ......do..............   Do.
     Wake County.                               Emerg; November
                                                1, 1978, Reg;
                                                May 2, 2006,
                                                Susp.
    Garner, Town of, Wake              370240  November 29,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 3, 1978,
                                                Reg; May 2,
                                                2006, Susp.
    Holly Springs, Town of,            370403  December 23,       ......do..............   Do.
     Wake County.                               1994, Emerg;
                                                December 23,
                                                2994, Reg; May
                                                2, 2006, Susp.
    Knightdale, Town of, Wake          370241  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1978, Reg; May
                                                2, 2006, Susp.
    Morrisville, Town of, Wake         370242  December 8, 1977,  ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1978, Reg;
                                                May 2, 2006,
                                                Susp.
    Raleigh, City of, Wake             370243  August 31, 1973,   ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1978, Reg;
                                                May 2, 2006,
                                                Susp.
    Rolesville, Town of, Wake          370468  July 31, 2001,     ......do..............   Do.
     County.                                    Emerg; July 31,
                                                2001, Reg; May
                                                2, 2006, Susp.
    Wake County, Unincorporated        370368  February 26,       ......do..............   Do.
     Areas.                                     1975, Emerg;
                                                November 15,
                                                1978, Reg; May
                                                2, 2006, Susp.
    Wake Forest, Town of, Wake         370244  March 15, 1974,    ......do..............   Do.
     County.                                    Emerg; July 3,
                                                1978, Reg; May
                                                2, 2006, Susp.
    Wendell, Town of, Wake             370245  January 28, 1974,  ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1978, Reg; May
                                                2, 2006, Susp.
    Zebulon, Town of, Wake             370246  August 7, 1974,    ......do..............   Do.
     County.                                    Emerg; July 3,
                                                1978, Reg; May
                                                2, 2006, Susp.
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* do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: May 1, 2006.
David I. Maurstad,
Mitigation Division Director, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. 06-4256 Filed 5-4-06; 8:45 am]
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