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Suspension of Community Eligibility
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Rules and Regulations]
[Page 30618-30619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my06-23]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7927]
Suspension of Community Eligibility
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.
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
[[Page 30619]]
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 authorization/ Current Federal
State and location Community cancellation of sale of flood effective assistance
No. insurance in community map date no longer
available
in SFHAs
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Region I
New Hampshire: Cornish, Town of, 330155 August 27, 1975, Emerg; April 18, 05/23/2006 05/23/2006
Sullivan County.. 1983, Reg; May 23, 2006, Susp..
Marlow, Town of, Cheshire County..... 330025 November 3, 1975, Emerg; April 2, 05/23/2006 05/23/2006
1986, Reg; May 23, 2006, Susp..
Newport, Town of, Sullivan County.... 330161 May 12, 1975, Emerg; April 18, 05/23/2006 05/23/2006
1983, Reg; May 23, 2006, Susp..
Roxbury, Town of, Cheshire County.... 330172 November 10, 1980, Emerg; April 1, 05/23/2006 05/23/2006
1982, Reg; May 23, 2006, Susp..
Westmoreland, Town of, Cheshire 330238 October 12, 1976, Emerg; April 2, 05/23/2006 05/23/2006
County.. 1986, Reg; May 23, 2006, Susp..
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 11, 2006.
David I. Maurstad,
Mitigation Division Director, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E6-8251 Filed 5-26-06; 8:45 am]
BILLING CODE 9110-12-P