61388 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

[FR Doc. 05–21194 Filed 10–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7897] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Final rule. 

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 or the NFIP servicing contractor. 

FOR FURTHER INFORMATION CONTACT: 

Michael M. 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 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 

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 

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. 

§ 64.6 [Amended] 

■ The tables published under the 

authority of § 64.6 are amended as 

follows: 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 61389 

State and location Community 

No. 

Effective date authorization/cancellation of sale of 

flood insurance in community 

Current 

effective 

map date 

Date certain Federal assistance no 

longer 

available in 

SFHAs 

Region IV: 

Tennessee: McNairy County, Unincorporated 

Areas.

470127 June 16, 1986, Emerg; July 1, 1988, Reg; October 19, 2005, Susp.10/19/2005 10/19/2005 

Region VII: 

Missouri: Alton, City of, Oregon County .......... 290490 May 1, 1975, Emerg; August 4, 1987, Reg; October 19, 2005, Susp.......do ...... Do. 

Thayer, City of, Oregon County ...................... 290267 June 5, 1975, Emerg; January 1, 1987, Reg; October 19, 2005, Susp.......do ...... Do. 

* do=Ditto. 

Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. 

Dated: October 12, 2005. 

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–21138 Filed 10–21–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7782] 

List of Communities Eligible for the 

Sale of Flood Insurance 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities that are participating and 

suspended from the National Flood 

Insurance Program (NFIP). These 

communities have applied to the 

program and have agreed to enact 

certain floodplain management 

measures. The communities’

participation in the program authorizes 

the sale of flood insurance to owners of 

properties located in the communities 

listed below. 

EFFECTIVE DATES: The effective date for 

each community is listed in the fourth 

column of the following tables. 

ADDRESSES: Flood insurance policies for 

properties located in the eligible 

communities listed below can be 

obtained from any licensed property 

insurance agent or broker serving the 

eligible community or from the NFIP by 

calling 1–800–638–6620. 

FOR FURTHER INFORMATION CONTACT: 

Michael M. 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 that is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

measures aimed at protecting lives and 

new construction from future flooding. 

Because the communities on the 

attached list have recently entered the 

NFIP, subsidized flood insurance is now 

available for properties in these 

communities. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

some of these communities by 

publishing a Flood Hazard Boundary 

Map (FHBM) or Flood Insurance Rate 

Map (FIRM). The date of the flood map, 

if one has been published, is indicated 

in the fourth column of the table. In the 

communities listed where a flood map 

has been published, Section 202 of the 

Flood Disaster Protection Act of 1973, as 

amended, 42 U.S.C. 4016(a), requires 

the purchase of flood insurance as a 

condition of Federal or Federally-related 

financial assistance for acquisition or 

construction of buildings in the SFHAs 

shown on the map. 

The Administrator finds that delayed 

effective dates would be contrary to the 

public interest and that notice and 

public procedure under 5 U.S.C. 553(b) 

are impracticable and unnecessary. 

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 certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., because the rule 

creates no additional burden, but lists 

those communities eligible for the sale 

of flood insurance. 

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 

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. 

§ 64.6 [Amended] 

■ The tables published under the 

authority of § 64.6 are amended as 

follows: