Suspension of Community Eligibility, 47748-47750 [E6-13613]

Download as PDF 47748 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules and Regulations TABLE 1.—GENERAL SUPERFUND SECTION—Continued State Sitename * * * City/County * * (Notes) a * * a* * * P=Sites with partial deletion(s). * * * * * [FR Doc. E6–13611 Filed 8–17–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–7939] Suspension of Community Eligibility Mitigation Division, Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Final rule. rwilkins on PROD1PC63 with RULES AGENCY: 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, VerDate Aug<31>2005 18:30 Aug 17, 2006 Jkt 208001 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) PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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. Accordingly, 44 CFR part 64 is amended as follows: I E:\FR\FM\18AUR1.SGM 18AUR1 47749 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules and Regulations PART 64—[AMENDED] 1. The authority citation for part 64 is revised to read as follows: I 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. Community No. State/location 340218 Harrison, Town of, Hudson County ....... 340221 Hoboken, City of, Hudson County ......... 340222 Weehawken, County. Hudson 340228 Region III Pennsylvania: Armagh, Township of, Mifflin County .... 421879 Bratton, Township of, Mifflin County ..... 421153 Brown, Township of, Mifflin County ....... 420683 Burnham, Borough of, Mifflin County .... 420684 Decatur, Township of, Mifflin County .... 421880 Derry, Township of, Mifflin County ........ 421168 Granville, Township of, Mifflin County ... 421134 Kistler, Borough of, Mifflin County ......... 420686 Lewistown, Borough of, Mifflin County .. 420687 McVeytown, Borough of, Mifflin County 420688 Menno, Township of, Mifflin County ...... 421881 Newtown Hamilton, Borough of, Mifflin County. Oliver, Township of, Mifflin County ....... 420689 Union, Township of, Mifflin County ....... 421883 Wayne, Township of, Mifflin County ...... 421240 Region IV Kentucky: Cumberland, City of, Harlan County ..... 210100 Harlan, City of, Harlan County .............. 210102 Loyall, City of, Harlan County ............... 215189 Lynch, City of, Harlan County ............... 210104 Wallins Creek, City of, Harlan County .. 215192 Region VII Missouri: Monett, City of, Barry County ....... rwilkins on PROD1PC63 with RULES Region II New Jersey: Bayonne, City of, Hudson County ......... 290023 Township of, 421882 § 64.6 [Amended] The tables published under the authority of § 64.6 are amended as follows: Current effective map date July 25, 1975, Emerg; August 15, 1983, Reg; August 16, 2006, Susp. March 17, 1976, Emerg; September 30, 1977, Reg; August 16, 2006, Susp. April 22, 1975, Emerg; November 17, 1982, Reg; August 16, 2006, Susp. August 6, 1975, Emerg; May 1, 1984, Reg; August 16, 2006, Susp. 08/16/2006 ....... 08/16/2006. ......do ............... Do. ......do ............... Do. ......do ............... Do. February 6, 1976, Emerg; August 19, 1991, Reg; August 16, 2006, Susp. April 15, 1974, Emerg; December 15, 1978, Reg; August 16, 2006, Susp. August 16, 1974, Emerg; August 19, 1991, Reg; August 16, 2006, Susp. February 9, 1973, Emerg; February 15, 1978, Reg; August 16, 2006, Susp. December 2, 1975, Emerg; June 1, 1987, Reg; August 16, 2006, Susp. April 26, 1974, Emerg; September 1, 1978, Reg; August 16, 2006, Susp. March 12, 1974, Emerg; August 15, 1978, Reg; August 16, 2006, Susp. July 28, 1975, Emerg; September 15, 1977, Reg; August 16, 2006, Susp. November 17, 1972, Emerg; August 15, 1978, Reg; August 16, 2006, Susp. May 20, 1975, Emerg; June 1, 1987, Reg; August 16, 2006, Susp. March 8, 1985, Emerg; June 1, 1987, Reg; August 16, 2006, Susp. January 30, 1974, Emerg; February 15, 1978, Reg; August 16, 2006, Susp. August 29, 1975, Emerg; September 17, 1980, Reg; August 16, 2006, Susp. August 7, 1975, Emerg; June 1, 1987, Reg; August 16, 2006, Susp. May 3, 1974, Emerg; March 2, 1981, Reg; August 16, 2006, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. November 5, 1971, Emerg; March 15, 1977, Reg; August 16, 2006, Susp. October 29, 1971, Emerg; January 17, 1979, Reg; August 16, 2006, Susp. December 3, 1971, Emerg; April 6, 1973, Reg; August 16, 2006, Susp. January 14, 1975, Emerg; July 2, 1979, Reg; August 16, 2006, Susp. December 7, 1971, Emerg; March 2, 1973, Reg; August 16, 2006, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. September 23, 1974, Emerg; April 15, 1981, Reg; August 16, 2006, Susp. ......do ............... Do. *-do- =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. VerDate Aug<31>2005 18:30 Aug 17, 2006 Jkt 208001 PO 00000 Frm 00053 Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Fmt 4700 Sfmt 4700 E:\FR\FM\18AUR1.SGM 18AUR1 47750 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules and Regulations 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] rwilkins on PROD1PC63 with RULES BILLING CODE 9110–12–P VerDate Aug<31>2005 18:30 Aug 17, 2006 Jkt 208001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\18AUR1.SGM 18AUR1

Agencies

[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]


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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