Suspension of Community Eligibility

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 17, 2006 (Volume 71, Number 73)]
[Rules and Regulations]
[Page 19658-19660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap06-15]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7921]

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

[[Page 19659]]

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.

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:

PART 64--[AMENDED]

? 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:

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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
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Region V

Michigan:
Benton, Township of, 260031 April 19, 1973, April 17, 2006........ April 17, 2006.
Berrien County. Emerg; April 3,
1978, Reg; April
17, 2006, Susp.
Benton Harbor, City of, 260032 January 19, 1973, ......do*............. do.
Berrien County. Emerg; May 15,
1978, Reg; April
17, 2006, Susp.
Berrien Springs, Village 260330 July 12, 1976, ......do.............. do.
of, Berrien County. Emerg; April 30,
1986, Reg; April
17, 2006, Susp.
Buchanan, City of, Berrien 260554 February 23, ......do.............. do.
County. 1976, Emerg;
April 16, 1993,
Reg; April 17,
2006, Susp.
Coloma, City of, Berrien 260556 October 27, 1976, ......do.............. do.
County. Emerg; January
18, 1980, Reg;
April 17, 2006,
Susp.
Coloma, Township of, 260034 April 12, 1974, ......do.............. do.
Berrien County. Emerg; February
15, 1984, Reg;
April 17, 2006,
Susp.
Hagar, Township of, Berrien 260035 April 19, 1973, ......do.............. do.
County. Emerg; December
1, 1977, Reg;
April 17, 2006,
Susp.
Lake, Township of, Berrien 260036 July 26, 1973, ......do.............. do.
County. Emerg; November
1, 1979, Reg;
April 17, 2006,
Susp.
Lincoln, Township of, 260037 March 16, 1973, ......do.............. do.
Berrien County. Emerg; March 1,
1978, Reg; April
17, 2006, Susp.
Michiana, Village of, 260275 April 13, 1973, ......do.............. do.
Berrien County. Emerg; May 1,
1978, Reg; April
17, 2006, Susp.
New Buffalo, City of, 260038 April 10, 1973, ......do.............. do.
Berrien County. Emerg; December
4, 1979, Reg;
April 17, 2006,
Susp.
New Buffalo, Township of, 260039 April 22, 1975, ......do.............. do.
Berrien County. Emerg; December
4, 1979, Reg;
April 17, 2006,
Susp.
Niles, City of, Berrien 260040 January 16, 1975, ......do.............. do.
County. Emerg; July 16,
1987, Reg; April
17, 2006, Susp.
Niles, Township of, Berrien 260041 September 9, ......do.............. do.
County. 1974, Emerg;
June 3, 1986,
Reg; April 17,
2006, Susp.
Oronoko Township of, 260042 July 7, 1975, ......do.............. do.
Berrien County. Emerg; June 17,
1986, Reg; April
17, 2006, Susp.

[[Page 19660]]

Watervliet, City of, 260047 July 22, 1975, ......do.............. do.
Berrien County. Emerg; November
16, 1983, Reg;
April 17, 2006,
Susp.
Watervliet, Township of, 260048 March 14, 1974, ......do.............. do.
Berrien County. Emerg; November
16, 1983, Reg;
April 17, 2006,
Susp.
Minnesota:
Big Stone County, 270652 July 2, 1974, ......do.............. do.
Unincorporated Areas. Emerg; June 17,
1986, Reg; April
17, 2006, Susp.
Clinton, City of Big Stone 270024 May 15, 1997, ......do.............. do.
County. Emerg; April 17,
2006, Reg; April
17, 2006, Susp.
Graceville, City of, Stone 270026 July 25, 1997, ......do.............. do.
County. Emerg; April 17,
2006, Reg; April
17, 2006, Susp.
Odessa, City of, Big Stone 270027 September 10, ......do.............. do.
County. 1975, Emerg;
January 3, 1985,
Reg; April 17,
2006, Susp.
Ortonville, City of, Stone 270028 July 2, 1974, ......do.............. do.
County. Emerg; February
19, 1986, Reg;
April 17, 2006,
Susp.

Region VII

Nebraska:
Sterling, Village of, 310126 August 25, 1975, ......do.............. do.
Johnson County. Emerg; September
1, 1987, Reg;
April 17, 2006,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: April 10, 2006.
David I. Maurstad,
Acting Mitigation Division Director, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 06-3630 Filed 4-14-06; 8:45 am]
BILLING CODE 9110-12-P

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Suspension of Community Eligibility

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