Suspension of Community Eligibility

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

[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Rules and Regulations]
[Page 33642-33644]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn06-16]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7929]

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.

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.

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

[[Page 33643]]

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.

? 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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Date certain
Effective date Federal
Community authorization/ Current assistance no
State and location No. cancellation of sale of effective map longer
flood insurance in date available in
community SFHAs
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Region III

Virginia:
Fairfax, City of, Independent City. 515524 May 8, 1970, Emerg; 06/02/06 06/02/06
December 17, 1971, Reg;
June 2, 2006, Susp.

Region IV

North Carolina:
Bald Head Island, Village of, 370442 February 26, 1986, Emerg; 06/02/06 06/02/06
Brunswick County. May 15, 1986, Reg; June
2, 2006, Susp.
Belville, Town of, Brunswick County 370545 September 15, 2004, 06/02/06 06/02/06
Emerg; June 2, 2006,
Reg; June 2, 2006, Susp.
Boiling Spring Lake, City of, 370453 March 2, 1989, Emerg; 06/02/06 06/02/06
Brunswick County. March 2, 1989, Reg; June
2, 2006, Susp.
Bolivia, Town of, Brunswick County. 370394 May 19, 2005, Emerg; June 06/02/06 06/02/06
2, 2006, Reg; June 2,
2006, Susp.
Bolton, Town of, Columbus County... 370295 September 23, 1977, 06/02/06 06/02/06
Emerg; July 1, 1987,
Reg; June 2, 2006, Susp.
Brunswick County, Unincorporated 370295 July 7, 1975, Emerg; May 06/02/06 06/02/06
Areas. 15, 1987, Reg; June 2,
2006, Susp.
Calabash, Town of, Brunswick County 370395 June 9, 1986, Emerg; 06/02/06 06/02/06
February 4, 1988, Reg;
June 2, 2006, Susp.
Carolina Shores, Town of, Brunswick 370517 January 26, 1999, Emerg; 06/02/06 06/02/06
County. January 26, 1999, Reg;
June 2, 2006, Susp.
Caswell Beach, Town of, Brunswick 370391 May 6, 1976, Emerg; 06/02/06 06/02/06
County. January 17, 1986, Reg;
June 2, 2006, Susp.

[[Page 33644]]

Cerro Gordo, Town of, Columbus 370311 October 10, 1975, Emerg; 06/02/06 06/02/06
County. July 3, 1986, Reg; June
2, 2006, Susp.
Chadbourn, Town of, Columbus County 370065 July 9, 1975, Emerg; 06/02/06 06/02/06
September 30, 1987, Reg;
June 2, 2006, Susp.
Columbus County, Unincorporated 370305 July 6, 1979, Emerg; June 06/02/06 06/02/06
Areas. 3, 1991, Reg; June 2,
2006, Susp.
Fair Bluff, Town of, Columbus 370067 April 29, 1975, Emerg; 06/02/06 06/02/06
County. June 1, 1987, Reg; June
2, 2006, Susp.
Holden Beach, Town of, Brunswick 375352 March 19, 1971, Emerg; 06/02/06 06/02/06
County. May 26, 1972, Reg; June
2, 2006, Susp.
Lake Waccamaw, Town of, Columbus 370069 July 2, 1975, Emerg; June 06/02/06 06/02/06
County. 3, 1986, Reg; June 2,
2006, Susp.
Leland, Town of, Brunswick County.. 370471 October 19, 1992, Emerg; 06/02/06 06/02/06
October 19, 1992, Reg;
June 2, 2006, Susp.
Navassa, Town of, Brunswick County. 370593 May 19, 2005, Emerg; June 06/02/06 06/02/06
2, 2006, Reg; June 2,
2006, Susp.
Northwest, City of, Brunswick 370513 November 12, 1998, Emerg; 06/02/06 06/02/06
County. November 12, 1998, Reg;
June 2, 2006, Susp.
Oak Island, Town of, Brunswick 370523 July 1, 1999, Emerg; July 06/02/06 06/02/06
County. 1, 1999, Reg; June 2,
2006, Susp.
Shallotte, Town of, Brunswick 370388 July 1, 1975, Emerg; 06/02/06 06/02/06
County. January 3, 1986, Reg;
June 2, 2006, Susp.
Southport, City of, Brunswick 370028 April 11, 1973, Emerg; 06/02/06 06/02/06
County. April 15, 1977, Reg;
June 2, 2006, Susp.
St. James, Town of, Brunswick 370530 June 27, 2000, Emerg; 06/02/06 06/02/06
County. June 27, 2000, Reg; June
2, 2006, Susp.
Sunset Beach, Town of, Brunswick 375359 October 15, 1971, Emerg; 06/02/06 06/02/06
County. November 17, 1972, Reg;
June 2, 2006, Susp.
Tabor City, Town of, Columbus 370070 January 29, 1975, Emerg; 06/02/06 06/02/06
County. July 17, 1986, Reg; June
2, 2006, Susp.
Varnamtown, Town of, Brunswick 370648 May 30, 2001, Emerg; May 06/02/06 06/02/06
County. 30, 2001, Reg; June 2,
2006, Susp.
Whiteville, City of, Columbus 370071 September 3, 1974, Emerg; 06/02/06 06/02/06
County. July 1, 1991, Reg; June
2, 2006, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: May 30, 2006.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. E6-9051 Filed 6-9-06; 8:45 am]
BILLING CODE 9110-12-P

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Suspension of Community Eligibility

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