Federal Register, Volume 71 Issue 160 (Friday, August 18, 2006)

[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Rules and Regulations]
[Pages 47748-47750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13613]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7939]

Suspension of Community Eligibility

AGENCY: Mitigation Division, Federal Emergency Management Agency
(FEMA), Department of Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

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 or the NFIP servicing contractor.

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.
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:

[[Page 47749]]

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:

----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Region II

New Jersey:
Bayonne, City of, Hudson 340218 July 25, 1975, 08/16/2006............ 08/16/2006.
County. Emerg; August
15, 1983, Reg;
August 16, 2006,
Susp.
Harrison, Town of, Hudson 340221 March 17, 1976, ......do.............. Do.
County. Emerg; September
30, 1977, Reg;
August 16, 2006,
Susp.
Hoboken, City of, Hudson 340222 April 22, 1975, ......do.............. Do.
County. Emerg; November
17, 1982, Reg;
August 16, 2006,
Susp.
Weehawken, Township of, 340228 August 6, 1975, ......do.............. Do.
Hudson County. Emerg; May 1,
1984, Reg;
August 16, 2006,
Susp.

Region III

Pennsylvania:
Armagh, Township of, 421879 February 6, 1976, ......do.............. Do.
Mifflin County. Emerg; August
19, 1991, Reg;
August 16, 2006,
Susp.
Bratton, Township of, 421153 April 15, 1974, ......do.............. Do.
Mifflin County. Emerg; December
15, 1978, Reg;
August 16, 2006,
Susp.
Brown, Township of, Mifflin 420683 August 16, 1974, ......do.............. Do.
County. Emerg; August
19, 1991, Reg;
August 16, 2006,
Susp.
Burnham, Borough of, 420684 February 9, 1973, ......do.............. Do.
Mifflin County. Emerg; February
15, 1978, Reg;
August 16, 2006,
Susp.
Decatur, Township of, 421880 December 2, 1975, ......do.............. Do.
Mifflin County. Emerg; June 1,
1987, Reg;
August 16, 2006,
Susp.
Derry, Township of, Mifflin 421168 April 26, 1974, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
August 16, 2006,
Susp.
Granville, Township of, 421134 March 12, 1974, ......do.............. Do.
Mifflin County. Emerg; August
15, 1978, Reg;
August 16, 2006,
Susp.
Kistler, Borough of, 420686 July 28, 1975, ......do.............. Do.
Mifflin County. Emerg; September
15, 1977, Reg;
August 16, 2006,
Susp.
Lewistown, Borough of, 420687 November 17, ......do.............. Do.
Mifflin County. 1972, Emerg;
August 15, 1978,
Reg; August 16,
2006, Susp.
McVeytown, Borough of, 420688 May 20, 1975, ......do.............. Do.
Mifflin County. Emerg; June 1,
1987, Reg;
August 16, 2006,
Susp.
Menno, Township of, Mifflin 421881 March 8, 1985, ......do.............. Do.
County. Emerg; June 1,
1987, Reg;
August 16, 2006,
Susp.
Newtown Hamilton, Borough 420689 January 30, 1974, ......do.............. Do.
of, Mifflin County. Emerg; February
15, 1978, Reg;
August 16, 2006,
Susp.
Oliver, Township of, 421882 August 29, 1975, ......do.............. Do.
Mifflin County. Emerg; September
17, 1980, Reg;
August 16, 2006,
Susp.
Union, Township of, Mifflin 421883 August 7, 1975, ......do.............. Do.
County. Emerg; June 1,
1987, Reg;
August 16, 2006,
Susp.
Wayne, Township of, Mifflin 421240 May 3, 1974, ......do.............. Do.
County. Emerg; March 2,
1981, Reg;
August 16, 2006,
Susp.

Region IV

Kentucky:
Cumberland, City of, Harlan 210100 November 5, 1971, ......do.............. Do.
County. Emerg; March 15,
1977, Reg;
August 16, 2006,
Susp.
Harlan, City of, Harlan 210102 October 29, 1971, ......do.............. Do.
County. Emerg; January
17, 1979, Reg;
August 16, 2006,
Susp.
Loyall, City of, Harlan 215189 December 3, 1971, ......do.............. Do.
County. Emerg; April 6,
1973, Reg;
August 16, 2006,
Susp.
Lynch, City of, Harlan 210104 January 14, 1975, ......do.............. Do.
County. Emerg; July 2,
1979, Reg;
August 16, 2006,
Susp.
Wallins Creek, City of, 215192 December 7, 1971, ......do.............. Do.
Harlan County. Emerg; March 2,
1973, Reg;
August 16, 2006,
Susp.

Region VII

Missouri: Monett, City of, 290023 September 23, ......do.............. Do.
Barry County. 1974, Emerg;
April 15, 1981,
Reg; August 16,
2006, Susp.
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[[Page 47750]]

Dated: August 10, 2006.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. E6-13613 Filed 8-17-06; 8:45 am]
BILLING CODE 9110-12-P