[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33642-33644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9051]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7929]


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.

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

[[Page 33643]]

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.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    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]

    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      assistance no
           State and location                 No.       cancellation of sale of    effective map      longer
                                                           flood insurance in          date        available in
                                                               community                               SFHAs
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               Region III
 
Virginia:
    Fairfax, City of, Independent City.        515524  May 8, 1970, Emerg;              06/02/06        06/02/06
                                                        December 17, 1971, Reg;
                                                        June 2, 2006, Susp.
 
               Region IV
 
North Carolina:
    Bald Head Island, Village of,              370442  February 26, 1986, Emerg;        06/02/06        06/02/06
     Brunswick County.                                  May 15, 1986, Reg; June
                                                        2, 2006, Susp.
    Belville, Town of, Brunswick County        370545  September 15, 2004,              06/02/06        06/02/06
                                                        Emerg; June 2, 2006,
                                                        Reg; June 2, 2006, Susp.
    Boiling Spring Lake, City of,              370453  March 2, 1989, Emerg;            06/02/06        06/02/06
     Brunswick County.                                  March 2, 1989, Reg; June
                                                        2, 2006, Susp.
    Bolivia, Town of, Brunswick County.        370394  May 19, 2005, Emerg; June        06/02/06        06/02/06
                                                        2, 2006, Reg; June 2,
                                                        2006, Susp.
    Bolton, Town of, Columbus County...        370295  September 23, 1977,              06/02/06        06/02/06
                                                        Emerg; July 1, 1987,
                                                        Reg; June 2, 2006, Susp.
    Brunswick County, Unincorporated           370295  July 7, 1975, Emerg; May         06/02/06        06/02/06
     Areas.                                             15, 1987, Reg; June 2,
                                                        2006, Susp.
    Calabash, Town of, Brunswick County        370395  June 9, 1986, Emerg;             06/02/06        06/02/06
                                                        February 4, 1988, Reg;
                                                        June 2, 2006, Susp.
    Carolina Shores, Town of, Brunswick        370517  January 26, 1999, Emerg;         06/02/06        06/02/06
     County.                                            January 26, 1999, Reg;
                                                        June 2, 2006, Susp.
    Caswell Beach, Town of, Brunswick          370391  May 6, 1976, Emerg;              06/02/06        06/02/06
     County.                                            January 17, 1986, Reg;
                                                        June 2, 2006, Susp.

[[Page 33644]]

 
    Cerro Gordo, Town of, Columbus             370311  October 10, 1975, Emerg;         06/02/06        06/02/06
     County.                                            July 3, 1986, Reg; June
                                                        2, 2006, Susp.
    Chadbourn, Town of, Columbus County        370065  July 9, 1975, Emerg;             06/02/06        06/02/06
                                                        September 30, 1987, Reg;
                                                        June 2, 2006, Susp.
    Columbus County, Unincorporated            370305  July 6, 1979, Emerg; June        06/02/06        06/02/06
     Areas.                                             3, 1991, Reg; June 2,
                                                        2006, Susp.
    Fair Bluff, Town of, Columbus              370067  April 29, 1975, Emerg;           06/02/06        06/02/06
     County.                                            June 1, 1987, Reg; June
                                                        2, 2006, Susp.
    Holden Beach, Town of, Brunswick           375352  March 19, 1971, Emerg;           06/02/06        06/02/06
     County.                                            May 26, 1972, Reg; June
                                                        2, 2006, Susp.
    Lake Waccamaw, Town of, Columbus           370069  July 2, 1975, Emerg; June        06/02/06        06/02/06
     County.                                            3, 1986, Reg; June 2,
                                                        2006, Susp.
    Leland, Town of, Brunswick County..        370471  October 19, 1992, Emerg;         06/02/06        06/02/06
                                                        October 19, 1992, Reg;
                                                        June 2, 2006, Susp.
    Navassa, Town of, Brunswick County.        370593  May 19, 2005, Emerg; June        06/02/06        06/02/06
                                                        2, 2006, Reg; June 2,
                                                        2006, Susp.
    Northwest, City of, Brunswick              370513  November 12, 1998, Emerg;        06/02/06        06/02/06
     County.                                            November 12, 1998, Reg;
                                                        June 2, 2006, Susp.
    Oak Island, Town of, Brunswick             370523  July 1, 1999, Emerg; July        06/02/06        06/02/06
     County.                                            1, 1999, Reg; June 2,
                                                        2006, Susp.
    Shallotte, Town of, Brunswick              370388  July 1, 1975, Emerg;             06/02/06        06/02/06
     County.                                            January 3, 1986, Reg;
                                                        June 2, 2006, Susp.
    Southport, City of, Brunswick              370028  April 11, 1973, Emerg;           06/02/06        06/02/06
     County.                                            April 15, 1977, Reg;
                                                        June 2, 2006, Susp.
    St. James, Town of, Brunswick              370530  June 27, 2000, Emerg;            06/02/06        06/02/06
     County.                                            June 27, 2000, Reg; June
                                                        2, 2006, Susp.
    Sunset Beach, Town of, Brunswick           375359  October 15, 1971, Emerg;         06/02/06        06/02/06
     County.                                            November 17, 1972, Reg;
                                                        June 2, 2006, Susp.
    Tabor City, Town of, Columbus              370070  January 29, 1975, Emerg;         06/02/06        06/02/06
     County.                                            July 17, 1986, Reg; June
                                                        2, 2006, Susp.
    Varnamtown, Town of, Brunswick             370648  May 30, 2001, Emerg; May         06/02/06        06/02/06
     County.                                            30, 2001, Reg; June 2,
                                                        2006, Susp.
    Whiteville, City of, Columbus              370071  September 3, 1974, Emerg;        06/02/06       06/02/06
     County.                                            July 1, 1991, Reg; June
                                                        2, 2006, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: May 30, 2006.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. E6-9051 Filed 6-9-06; 8:45 am]
BILLING CODE 9110-12-P