Suspension of Community Eligibility, 47748-47750 [E6-13613]
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[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)] [Rules and Regulations] [Pages 47748-47750] From the Federal Register Online via the Government Printing 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
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