[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Rules and Regulations]
[Pages 54202-54204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15260]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7943]


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 or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Division, 
500 C Street, SW., Washington, DC 20472, (202) 646-2953.

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.

[[Page 54203]]

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]

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 and location             No.        sale of flood             date           assist- ance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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           Region II
 
New Jersey:
    Berkeley Heights, Township         340459  December 30,       Sept. 20, 2006........  Sept. 20, 2006.
     of, Union County.                          1971, Emerg;
                                                March 1, 1978,
                                                Reg; September
                                                20, 2006, Susp.
    Clark, Township of, Union          345290  July 10, 1970,     ......do*.............   Do.
     County.                                    Emerg; December
                                                23, 1971, Reg;
                                                September 20,
                                                2006, Susp.
    Cranford, Township of,             345291  June 19, 1970,     ......do..............   Do.
     Union County.                              Emerg; June 25,
                                                1971, Reg;
                                                September 20,
                                                2006, Susp.
    Elizabeth, City of, Union          345523  May 22, 1970,      ......do..............   Do.
     County.                                    Emerg; May 7,
                                                1971, Reg;
                                                September 20,
                                                2006, Susp.
    Fanwood, Borough of, Union         340463  June 16, 1972,     ......do..............   Do.
     County.                                    Emerg; October
                                                28, 1977, Reg;
                                                September 20,
                                                2006, Susp.
    Garwood, Borough of, Union         340464  June 23, 1972,     ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1977, Reg;
                                                September 20,
                                                2006, Susp.
    Hillside, Township of,             340465  December 3, 1971,  ......do..............   Do.
     Union County.                              Emerg; September
                                                14, 1979, Reg;
                                                September 20,
                                                2006, Susp.
    Kenilworth, Borough, Union         340466  February 9, 1973,  ......do..............   Do.
     County.                                    Emerg; March 2,
                                                1983, Reg;
                                                September 20,
                                                2006, Susp.
    Linden, City of, Union             340467  November 20,       ......do..............   Do.
     County.                                    1970, Emerg;
                                                November 24,
                                                1976, Reg;
                                                September 20,
                                                2006, Susp.
    Mountainside, Borough of,          340468  June 9, 1972,      ......do..............   Do.
     Union County.                              Emerg; February
                                                16, 1977, Reg;
                                                September 20,
                                                2006, Susp.
    New Providence, Borough of,        345306  July 16, 1971,     ......do..............   Do.
     Union County.                              Emerg; November
                                                23, 1973, Reg;
                                                September 20,
                                                2006, Susp.
    Plainfield, City of, Union         345312  June 19, 1970,     ......do..............   Do.
     County.                                    Emerg; June 25,
                                                1971, Reg;
                                                September 20,
                                                2006, Susp.
    Rahway, City of, Union             345314  June 30, 1970,     ......do..............   Do.
     County.                                    Emerg; December
                                                17, 1971, Reg;
                                                September 20,
                                                2006, Susp.
    Roselle Park, Borough of,          340473  April 25, 1973,    ......do..............   Do.
     Union County.                              Emerg; June 4,
                                                1980, Emerg;
                                                September 20,
                                                2006, Susp.
    Roselle, Borough of, Union         340472  December 17,       ......do..............   Do.
     County.                                    1971, Emerg;
                                                July 17, 1978,
                                                Emerg; September
                                                20, 2006, Susp.
    Scotch Plains, Township of,        340474  August 18, 1972,   ......do..............   Do.
     Union County.                              Emerg; September
                                                30, 1977, Emerg;
                                                September 20,
                                                2006, Susp.
    Springfield, Township of,          345321  August 7, 1970,    ......do..............   Do.
     Union County.                              Emerg; October
                                                1, 1971, Reg;
                                                September 20,
                                                2006, Susp.
    Summit, City of, Union             340476  November 24,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                February 2,
                                                1977, Reg;
                                                September 20,
                                                2006, Susp.
    Union, Township of, Union          340477  June 2, 1972,      ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1978, Reg;
                                                September 20,
                                                2006, Susp.
    Westfield, Town of, Union          340478  September 24,      ......do..............   Do.
     County.                                    1974, Emerg;
                                                December 18,
                                                1979, Reg;
                                                September 20,
                                                2006, Susp.
           Region IV
 
North Carolina:
    Dare County, Unincorporated        375348  April 9, 1971,     ......do..............   Do.
     Areas.                                     Emerg; October
                                                6, 1978, Reg;
                                                September 20,
                                                2006, Susp.
    Duck, Town of, Dare County.        370632  November 6, 2003,  ......do..............   Do.
                                                Emerg; November
                                                6, 2003, Reg;
                                                September 20,
                                                2006, Susp.
    Kill Devil Hills, Town of,         375353  February 4, 1972,  ......do..............   Do.
     Dare County.                               Emerg; May 4,
                                                1973, Reg;
                                                September 20,
                                                2006, Susp.
    Kitty Hawk, Town of, Dare          370439  April 9, 1971,     ......do..............   Do.
     County.                                    Emerg; October
                                                6, 1978, Reg;
                                                September 20,
                                                2006, Susp.

[[Page 54204]]

 
    Manteo, Town of, Dare              375355  March 17, 1972,    ......do..............   Do.
     County.                                    Emerg; January
                                                5, 1973, Reg;
                                                September 20,
                                                2006, Susp.
    Nags Head, Town of, Dare           375356  December 17,       ......do..............   Do.
     County.                                    1971, Emerg;
                                                November 10,
                                                1972, Reg;
                                                September 20,
                                                2006, Susp.
    Southern Shores, Town of,          370430  April 8, 1971,     ......do..............   Do.
     Dare County.                               Emerg; May 13,
                                                1972, Reg;
                                                September 20,
                                                2006, Susp.
    Kentucky: Oldham County,           210185  March 10, 1972,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; August
                                                19, 1987, Reg;
                                                September 20,
                                                2006, Susp.
Tennessee:
    Gallatin, City of, Sumner          470185  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; August 3,
                                                1981, Reg;
                                                September 20,
                                                2006, Susp.
    Goodlettsville, City of,           470287  April 21, 1975,    ......do..............   Do.
     Davidson and Sumner                        Emerg; June 15,
     Counties.                                  1981, Reg;
                                                September 20,
                                                2006, Susp.
    Hendersonville, City of,           470186  May 28, 1974,      ......do..............   Do.
     Sumner County.                             Emerg; November
                                                4, 1981,0
                                                September 20,
                                                2006, Susp.
    Millersville, City of,             470388  August 30, 1982,   ......do..............   Do.
     Sumner County.                             Emerg; June 15,
                                                1984, Reg;
                                                September 20,
                                                2006, Susp.
    Portland, City of, Sumner          470187  February 14,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                August 4, 1987,
                                                Reg; September
                                                20, 2006, Susp.
    Sumner County,                     470349  August 5, 1975,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 19,
                                                1985, Reg;
                                                September 20,
                                                2006, Susp.
            Region V
 
    Illinois: Dwight, Village          170423  August 9, 1974,    ......do..............   Do.
     of, Livingston County.                     Emerg; November
                                                1, 1990, Reg;
                                                September 20,
                                                2006, Susp.
    Ohio: Findlay, City of,            390244  January 15, 1975,  ......do..............   Do.
     Hancock County.                            Emerg; December
                                                4, 1984, Reg;
                                                September 20,
                                                2006, Susp.
          Region VIII
 
Montana:
    Blaine County,                     300144  March 7, 1978,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 19,
                                                1987, Reg;
                                                September 20,
                                                2006, Susp.
    Chinook, City of, Blaine           300003  May 6, 1974,       ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1987, Reg;
                                                September 20,
                                                2006, Susp.
    Fort Belknap Indian                300180  April 25, 1978,    ......do..............   Do.
     Reservation, Blaine and                    Emerg; December
     Phillips Counties.                         17, 1987, Reg;
                                                September 20,
                                                2006, Susp.
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*......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: September 5, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-15260 Filed 9-13-06; 8:45 am]
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