

[Federal Register: December 1, 2005 (Volume 70, Number 230)]
[Rules and Regulations]               
[Page 72078-72080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de05-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7903]

 
Suspension of Community Eligibility

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

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

[[Page 72079]]

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 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 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 continues 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 IV

North Carolina:
    Freemont, Town of, Wayne           370492  May 27, 1997,      12/02/2005............  12/02/2005.
     County.                                    Emerg; May 27,
                                                1997, Reg;
                                                December 2,
                                                2005, Susp.
    Smithfield, Town of                370140  January 20, 1975,  ......do..............   Do.
     Johnston County.                           Emerg; April 1,
                                                1982, Reg;
                                                December 2,
                                                2005, Susp.
    Walnut Creek, Village of,          370435  October 19, 1989,  ......do..............   Do.
     Wayne County.                              Emerg; October
                                                19, 1989, Reg;
                                                December 2,
                                                2005, Susp.
    Wayne County,                      370254  September 16,      ......do..............   Do.
     Unincorporated Areas.                      1991, Emerg;
                                                September 16,
                                                1991, Reg;
                                                December 2,
                                                2005, Susp.

[[Page 72080]]


           Region VII

Missouri:
    Cole County, Unincorporated        290107  January 21, 1982,  ......do..............   Do.
     Areas.                                     Emerg; January
                                                21, 1982, Reg;
                                                December 2,
                                                2005, Susp.
    Jefferson, City of, Cole           290108  April 23, 1971,    ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1980, Reg;
                                                December 2,
                                                2005, Susp.
Nebraska:
    Bellevue, City of, Sarpy           310191  April 13, 1973,    ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1980, Reg;
                                                December 2,
                                                2005, Susp.
    Bennington, City of,               310074  July 10, 1975,     ......do..............   Do.
     Douglas County.                            Emerg; December
                                                4, 1979, Reg;
                                                December 2,
                                                2005, Susp.
    Douglas County,                    310073  November 15,       ......do..............   Do.
     Unincorporated Areas.                      1974, Emerg;
                                                January 16,
                                                1981, Reg;
                                                December 2,
                                                2005, Susp.
    Elkhorn, City of, Douglas          310075  March 31, 1975,    ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1979, Reg;
                                                December 2,
                                                2005, Susp.
    La Vista, City of, Sarpy           310192  April 23, 1974,    ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1980, Reg;
                                                December 2,
                                                2005, Susp.
    Omaha, City of, Douglas            315274  November 6, 1970,  ......do..............   Do.
     County.                                    Emerg; May 7,
                                                1971, Reg;
                                                December 2,
                                                2005, Susp.
    Papillion, City of, Sarpy          315275  July 2, 1971,      ......do..............   Do.
     County.                                    Emerg; August
                                                18, 1972, Reg;
                                                December 2,
                                                2005, Susp.
    Ralston, City of, Douglas          310077  August 19, 1975,   ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1980, Reg;
                                                December 2,
                                                2005, Susp.
    Sarpy County,                      310190  February 23,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                January 16,
                                                1981, Reg;
                                                December 2,
                                                2005, Susp.
    Valley, City of, Douglas           310078  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg;
                                                December 2,
                                                2005, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.


    Dated: November 23, 2005.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management 
Agency.
[FR Doc. 05-23528 Filed 11-30-05; 8:45 am]

BILLING CODE 9110-12-P
