

[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Rules and Regulations]               
[Page 13773-13775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr06-12]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7915]

 
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: 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

[[Page 13774]]

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:

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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
----------------------------------------------------------------------------------------------------------------
            Region V

Minnesota:
    Boyd, City of, Lac Qui             270240  April 4, 1975,     Mar. 16, 2006.........  Mar. 16, 2006.
     Parle County.                              Emerg; May 25,
                                                1984, Reg; March
                                                16, 2006, Susp.
    Dawson, City of, Lac Qui           270241  May 15, 1974,      ......do*.............   Do.
     Parle County.                              Emerg; January
                                                16, 1980, Reg;
                                                March 16, 2006,
                                                Susp.
    Lac Qui Parle,                     270239  July 3, 1974,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 4,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Ohio: Batavia, Village of,         390066  March 3, 1976,     ......do..............   Do.
     Clermont County.                           Emerg; February
                                                4, 1981, Reg;
                                                March 16, 2006,
                                                Susp.
    Clermont County,                   390065  April 14, 1976,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1981, Reg; March
                                                16, 2006, Susp.
    Milford, City of, Clermont         390227  April 15, 1975,    ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1981, Reg;
                                                March 16, 2006,
                                                Susp.
    Neville, Village of,               390641  March 6, 1974,     ......do..............   Do.
     Clermont County.                           Emerg; September
                                                29, 1978, Reg;
                                                March 16, 2006,
                                                Susp.
    South Point, Village of,           390630  February 9, 1976,  ......do..............   Do.
     Lawrence County.                           Emerg; May 2,
                                                1983, Reg; March
                                                16, 2006, Susp.

           Region VII

Missouri:
    Airport Drive, Village of,         290761  June 9, 1999,      ......do..............   Do.
     Jasper County.                             Emerg; March 4,
                                                2002, Reg; March
                                                16, 2006, Susp.
    Baldwin Park, Village of,          290880  July 19, 1979,     ......do..............   Do.
     Cass County.                               Emerg; August 5,
                                                1985, Reg;
                                                March, 16, 2006,
                                                Susp.
    Belton, City of, Cass              290062  September 3,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 5,
                                                1979, Reg; March
                                                16, 2006, Susp.
    Carl Junction, City of,            290179  October 28, 1975,  ......do..............   Do.
     Jasper County.                             Emerg; June 1,
                                                1982, Reg; March
                                                16, 2006, Susp.
    Carterville, City of,              290180  January 17, 1977,  ......do..............   Do.
     Jasper County.                             Emerg; July 16,
                                                1984, Reg; March
                                                16, 2006, Susp.
    Carthage, City of, Jasper          290181  July 21, 1975,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1983, Reg; March
                                                16, 2006, Susp.
    Cass County, Unincorporated        290783  April 21, 1975,    ......do..............   Do.
     Areas.                                     Emerg; April 15,
                                                1982, Reg; March
                                                16, 2006, Susp.
    Creighton, City of, Cass           290063  August 3, 1979,    ......do..............   Do.
     County.                                    Emerg; June 30,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Drexel, City of, Cass              290064  June 23, 1975,     ......do..............   Do.
     County.                                    Emerg; April 8,
                                                1977, Reg; March
                                                16, 2006, Susp.
    Duenweg, City of, Jasper           290182  April 1, 2004,     ......do..............   Do.
     County.                                    Emerg; April 1,
                                                2004, Reg; March
                                                16, 2006, Susp.
    East Lynne, City of, Cass          290065  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; March 25,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Freeman, City of, Cass             290066  December 15,       ......do..............   Do.
     County.                                    1976, Emerg; May
                                                1, 1980, Reg;
                                                March 16, 2006,
                                                Susp.
    Garden City, City of, Cass         290067  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; April 8,
                                                1977, Reg; March
                                                16, 2006, Susp.
    Joplin, City of, Jasper            290183  October 8, 1971,   ......do..............   Do.
     County.                                    Emerg; December
                                                8, 1976, Reg;
                                                March 16, 2006,
                                                Susp.
    Lake Annette, City of, Cass        290953  June 25, 2004,     ......do..............   Do.
     County.                                    Emerg; June 25,
                                                2004, Reg; March
                                                16, 2006, Susp.
    Oronogo, City of, Jasper           290185  May 6, 1975,       ......do..............   Do.
     County.                                    Emerg; March 4,
                                                1985, Reg; March
                                                16, 2006, Susp.
    Peculiar, City of, Cass            290878  April 19, 1979,    ......do..............   Do.
     County.                                    Emerg; September
                                                10, 1984, Reg;
                                                March 16, 2006,
                                                Susp.
    Pleasant Hill, City of,            295269  April 30, 1971,    ......do..............   Do.
     Cass County.                               Emerg; September
                                                15, 1972, Reg;
                                                March 16, 2006,
                                                Susp.
    Purcell, City of, Jasper           290539  September 3,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 10,
                                                1984, Reg; March
                                                16, 2006, Susp.

[[Page 13775]]


    Raymore, City of, Cass             290070  February 4, 1976,  ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1986, Reg; March
                                                16, 2006, Susp.
    Sarcoxie, City of, Jasper          290186  May 29, 1974,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1979, Reg; March
                                                16, 2006, Susp.
    Strasburg, City of, Cass           290071  August 5, 1976,    ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Webb City, City of, Jasper         290187  May 19, 1975,      ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1982, Reg; March
                                                16, 2006, Susp.

          Region VIII

Utah:
    Coalville, City of, Summit         490135  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                30, 1984, Reg;
                                                March 16, 2006,
                                                Susp.
    Henefer, Town of, Summit           490136  July 23, 1975,     ......do..............   Do.
     County.                                    Emerg; May 20,
                                                1980, Reg; March
                                                16, 2006, Susp.
    Oakley, Town of, Summit            490138  June 11, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                March 16, 2006,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


David I. Maurstad,
Acting Mitigation Division Director, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-2592 Filed 3-16-06; 8:45 am]

BILLING CODE 9110-12-P
