[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Rules and Regulations]
[Pages 40324-40326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-15055]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7835]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, 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 suspended on the effective dates listed within
this rule because of noncompliance with the floodplain management
requirements of the program. If the Federal Emergency Management Agency
(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suspension date given in this rule, the suspension will be withdrawn by
publication in the Federal Register.
DATES: Effective Dates: The effective date of each community's
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.
[[Page 40325]]
FOR FURTHER INFORMATION CONTACT: Mike 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 National Flood Insurance Program, 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, the Federal Emergency Management Agency has identified
the special flood hazard areas 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 the identified special flood hazard area of
communities not participating in the NFIP and identified for more than
a year, on the Federal Emergency Management Agency'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 a 6-month, 90-day, and 30-day notification
addressed to the Chief Executive Officer that the community will be
suspended unless the required floodplain management measures are met
prior to the effective suspension date. Since these notifications have
been 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 they take remedial
action.
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.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987
Comp.; p. 252.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp.; p. 309.
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
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
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Effective date
authorization/ Date certain Federal
Community cancellation of Current effective map assistance no longer
State and location No. sale of flood date available in special
insurance in flood hazard areas
community
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Region IV
North Carolina:
Alliance, Town of, Pamlico 370404 November 9, 1977, 7/2/2004.............. 7/2/2004
County. Emerg.; August
5, 1985, Reg.;
July 2, 2004,
Susp.
Bayboro, Town of, Pamlico 370183 May 17, 1973, ......do*............. Do.
County. Emerg.; December
4, 1985, Reg.;
July 2, 2004,
Susp.
Bridgeton, Town of, Craven 370436 October 19, 1973, ......do.............. Do.
County. Emerg.; May 4,
1987, Reg.; July
2, 2004, Susp.
Havelock, City of, Craven 370265 June 20, 1975, ......do.............. Do.
County. Emerg.; May 4,
1987, Reg.; July
2, 2004, Susp.
[[Page 40326]]
Jones County, 370379 April 28, 1975, ......do.............. Do.
Unincorporated Areas. Emerg.; August
16, 1988, Reg.;
July 2, 2004,
Susp.
Kinston, City of, Lenoir 370145 November 7, 1974, ......do.............. Do.
County. Emerg.; June 15,
1982, Reg.; July
2, 2004, Susp.
LaGrange, Town of, Lenoir 370579 August 12, 2002, ......do.............. Do.
County. Emerg.; July 2,
2004, Reg.; July
2, 2004, Susp.
Lenoir County, 370144 July 7, 1980, ......do.............. Do.
Unincorporated Areas. Emerg.; January
6, 1983, Reg.;
July 2, 2004,
Susp.
Maysville, Town of, Jones 370330 August 11, 1975, ......do.............. Do.
County. Emerg.; August
19, 1986, Reg.;
July 2, 2004,
Susp.
Minnesott Beach, Town of, 370418 September 23, ......do.............. Do.
Pamlico County. 1985, Emerg.;
September 23,
1985, Reg.; July
2, 2004, Susp.
New Bern, City of, Craven 370074 December 11, ......do.............. Do.
County. 1973, Emerg.;
June 1, 1978,
Reg.; July 2,
2004, Susp.
Oriental, Town of, Pamlico 370279 May 17, 1973, ......do.............. Do.
County. Emerg.; December
4, 1985, Reg.;
July 2, 2004,
Susp.
Pamlico County, 370181 May 17, 1973, ......do.............. Do.
Unincorporated Areas. Emerg.;
September 4,
1985, Reg.; July
2, 2004, Susp.
Pollocksville, Town of, 370142 January 15, 1974, ......do.............. Do.
Jones County. Emerg.;
September 4,
1986, Reg.; July
2, 2004, Susp.
Stonewall, Town of, Pamlico 370437 May 17, 1973, ......do.............. Do.
County. Emerg.; December
4, 1985, Reg.;
July 2, 2004,
Susp.
Trenton, Township of, Jones 370141 May 27, 1975, ......do.............. Do.
County. Emerg.;
September 1,
1987, Reg.; July
2, 2004, Susp.
Vanceboro, Town of, Craven 370075 October 19, 1973, ......do.............. Do.
County. Emerg.; August
4, 1988, Reg.;
July 2, 2004,
Susp.
Vandemere, Town of, Pamlico 370438 May 17, 1973, ......do.............. Do.
County. Emerg.; December
4, 1985, Reg.;
July 2, 2004,
Susp.
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* -do- = Ditto
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 17, 2004.
Archibald C. Reid, III,
Acting Mitigation Division Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 04-15055 Filed 7-1-04; 8:45 am]
BILLING CODE 9110-12-P