

[Federal Register: April 4, 2006 (Volume 71, Number 64)]
[Rules and Regulations]               
[Page 16708-16710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap06-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7917]

 
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: 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 Additional 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

[[Page 16709]]

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 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                            Date certain
                                                        authorization/                              federal
         State and location             Community    cancellation of sale   Current effective    assistance no
                                           No.       of flood insurance in       map date       longer available
                                                           community                                in SFHAs
----------------------------------------------------------------------------------------------------------------
              Region IV
North Carolina:
    Carolina Beach, Town of, New            375347  May 21, 1971, Emerg;             04/03/06           04/03/06
     Hanover County.                                 May 2, 1975, Reg;
                                                     April 3, 2006, Susp.
    Kure Beach, Town of, New Hanover        370170  September 12, 1974,              04/03/06           04/03/06
     County.                                         Emerg; January 6,
                                                     1982, Reg; April 3,
                                                     2006, Susp.
    New Hanover County,                     370168  June 23, 1972, Emerg;            04/03/06           04/03/06
     Unincorporated Areas.                           July 17, 1978, Reg;
                                                     April 3, 2006, Susp.
    Wilmington, City of, New Hanover        370171  January 16, 1974,                04/03/06           04/03/06
     County.                                         Emerg; April 17,
                                                     1978, Reg; April 3,
                                                     2006, Susp.
    Wrightsville Beach, Town of, New        375361  June 12, 1970, Emerg;            04/03/06           04/03/06
     Hanover County.                                 November 6, 1970,
                                                     Reg; April 3, 2006,
                                                     Susp.

              Region V
Ohio:
    Adena, Village of, Jefferson            390295  February 18, 1977,               04/05/06           04/05/06
     County.                                         Emerg; December 1,
                                                     1983, Reg; April 5,
                                                     2006, Susp.
    Bellaire, Village of, Belmont           390025  August 1, 1975, Emerg;           04/05/06           04/05/06
     County.                                         November 2, 1983,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Belmont County, Unincorporated          390762  June 3, 1976, Emerg;             04/05/06           04/05/06
     Areas.                                          February 4, 1988,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Bethesda, Village of, Belmont           390674  July 13, 1990, Emerg;            04/05/06           04/05/06
     County.                                         July 13, 1990, Reg;
                                                     April 5, 2006, Susp.
    Bridgeport, Village of, Belmont         390026  November 2, 1974,                04/05/06           04/05/06
     County.                                         Emerg; February 1,
                                                     1979, Reg; April 5,
                                                     2006, Susp.
    Brookside, Village of, Belmont          390027  March 20, 1975, Emerg;           04/05/06           04/05/06
     County.                                         February 4, 1988,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Columbiana County,                      390076  May 12, 1977, Emerg;             04/05/06           04/05/06
     Unincorporated Areas.                           March 5, 1990, Reg;
                                                     April 5, 2006, Susp.
    Holloway, Village of, Belmont           390028  August 11, 1975,                 04/05/06           04/05/06
     County.                                         Emerg; September 18,
                                                     1985, Reg; April 5,
                                                     2006, Susp.
    Irondale, Village of, Jefferson         390741  February 9, 1977,                04/05/06           04/05/06
     County.                                         Emerg; October 18,
                                                     1983, Reg; April 5,
                                                     2006, Susp.
    Martins Ferry, City of, Belmont         390029  June 2, 1975, Emerg;             04/05/06           04/05/06
     County.                                         July 5, 1983, Reg;
                                                     April 5, 2006, Susp.
    New Waterford, Village of,              390663  June 12, 1975, Emerg;            04/05/06           04/05/06
     Columbiana County.                              May 1, 1987, Reg;
                                                     April 5, 2006, Susp.
    Rogers, Village of, Columbiana          390645  August 8, 1990, Emerg;           04/05/06           04/05/06
     County.                                         December 1, 1991,
                                                     Reg; April 5, 2006,
                                                     Susp.

[[Page 16710]]


    Salineville, Village of,                390628  March 21, 1978, Emerg;           04/05/06           04/05/06
     Columbiana County.                              August 5, 1991, Reg;
                                                     April 5, 2006, Susp.
    Shadyside, Village of, Belmont          390031  January 21, 1975,                04/05/06           04/05/06
     County.                                         Emerg; July 18, 1983,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Steubenville, City of, Jefferson        390302  August 6, 1975, Emerg;           04/05/06           04/05/06
     County.                                         January 6, 1983, Reg;
                                                     April 5, 2006, Susp.
    Stratton, Village of, Jefferson         390303  June 27, 1975, Emerg;            04/05/06           04/05/06
     County.                                         October 15, 1982,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Tiltonsville, Village of,               390634  July 30, 1975, Emerg;            04/05/06           04/05/06
     Jefferson County.                               October 15, 1982,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Washingtonville, Village of,            390087  January 26, 1996,                04/05/06           04/05/06
     Columbiana County.                              Emerg; April 5, 2006,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Wellsville, Village of,                 390088  February 27, 1975,               04/05/06           04/05/06
     Columbiana County.                              Emerg; September 29,
                                                     1978, Reg; April 5,
                                                     2006, Susp.
    Yorkville, Village of, Belmont          390033  May 9, 1975, Emerg;              04/05/06           04/05/06
     and Jefferson Counties.                         October 15, 1982,
                                                     Reg; April 5, 2006,
                                                     Susp.

             Region VII
Missouri:
    Arnold, City of, Jefferson              290188  October 29, 1973,                04/05/06           04/05/06
     County.                                         Emerg; January 16,
                                                     1980, Reg; April 5,
                                                     2006, Susp.
    Byrnes Mill, City of, Jefferson         290891  May 16, 1983, Emerg;             04/05/06           04/05/06
     County.                                         May 16, 1983, Reg;
                                                     April 5, 2006, Susp.
    Festus, City of, Jefferson              290191  September 3, 1971,               04/05/06           04/05/06
     County.                                         Emerg; February 14,
                                                     1976, Reg; April 5,
                                                     2006, Susp.
    Herculaneum, City of, Jefferson         290192  January 28, 1974,                04/05/06           04/05/06
     County.                                         Emerg; May 15, 1978,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Hillsboro, City of, Jefferson           290573  September 25, 2003,              04/05/06           04/05/06
     County.                                         Emerg; April 1, 2004,
                                                     Reg; April 5, 2006,
                                                     Susp.
    Jefferson County, Unincorporated        290808  June 10, 1975, Emerg;            04/05/06           04/05/06
     Areas.                                          May 15, 1983, Reg;
                                                     April 5, 2006, Susp.
    Kimmswick, City of, Jefferson           290193  April 15, 1974, Emerg;           04/05/06           04/05/06
     County.                                         January 6, 1982, Reg;
                                                     April 5, 2006, Susp.
    Pevely, City of, Jefferson              290677  September 20, 1976,              04/05/06           04/05/06
     County.                                         Emerg; September 18,
                                                     1985, Reg; April 5,
                                                     2006, Susp.
    Scotsdale, Town of, Jefferson           290949  October 21, 2002,                04/05/06           04/05/06
     County.                                         Emerg; October 21,
                                                     2002, Reg; April 5,
                                                     2006, Susp.
----------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.


    Dated: March 23, 2006.
David I. Maurstad,
Acting Mitigation Division Director, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-3189 Filed 4-3-06; 8:45 am]

BILLING CODE 9110-12-P
