[Federal Register Volume 69, Number 211 (Tuesday, November 2, 2004)]
[Rules and Regulations]
[Pages 63456-63458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24396]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7853]


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suspension date given in this rule, the suspension will be withdrawn by 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: 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.

FOR FURTHER INFORMATION CONTACT: Michael 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

[[Page 63457]]

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, 1991 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
Nashville, Town of, Nash County        370167  July 2, 1975,      Nov. 3, 2004..........  Nov. 3 2004.
                                                Emerg; January
                                                17, 1986, Reg;
                                                November 3,
                                                2004, Susp.
Rocky Mount, City of, Edgecombe        370092  January 17, 1974,  ......do..............   Do.
 County and Nash County.                        Emerg; May 1,
                                                1978, Reg;
                                                November 3,
                                                2004, Susp.
Tarboro, Town of, Edgecombe            370094  February 15,       ......do..............   Do.
 County.                                        1974, Emerg;
                                                January 5, 1978,
                                                Reg; November 3,
                                                2004, Susp.
Whitakers, Town of, Edgecombe          370095  August 6, 1975,    ......do..............   Do.
 County and Nash County.                        Emerg; April 15,
                                                1980, Reg;
                                                November 3,
                                                2004, Susp.
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*Do = Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.



[[Page 63458]]

David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-24396 Filed 11-1-04; 8:45 am]
BILLING CODE 9110-12-M