04-9828. Suspension of Community Eligibility

AGENCY:

Federal Emergency Management Agency, 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 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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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:

Effective 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:

Mike Grimm, Mitigation Division, 500 C Street, SW., Room 412, Washington, DC 20472, [phone].

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 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, 1987 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

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]

2. The tables published under the authority of § 64.6 are amended as follows:

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 special flood hazard areas
Region V
Illinois: Auburn, City of, Sangamon County	170944	May 13, 1980, Emerg.; August 19, 1985, Reg.; May 3, 2004; Susp	5/3/2004	5/3/2004
Chatham, Village of, Sangamon County	170601	July 25, 1975, Emerg.; September 2, 1981, Reg.; May 3, 2004, Susp	......do *	Do.
Divernon, Village of, Sangamon County	170949	October 25, 1983, Emerg.; May 15, 1984, Reg.; May 3, 2004, Susp	......do	Do.
Jerome, Village of, Sangamon County	171004	January 16, 1980, Emerg.; November 16, 1983, Reg.; May 3, 2004, Susp	......do	Do.
Leland Grove, City of, Sangamon County	170925	March 24, 1977, Emerg.; December 16, 1982, Reg.; May 3, 2004, Susp	......do	Do.
Loami, Village of, Sangamon County	170795	July 29, 1975, Emerg.; September 4, 1985, Reg.; May 3, 2004, Susp	......do	Do.
Pawnee, Village of, Sangamon County	170602	July 10, 1975, Emerg.; May 3, 1982, Reg.; May 3, 2004, Susp	......do	Do.
Pleasant Plains, Village of, Sangamon County	170798	February 4, 1976, Emerg.; September 2, 1981, Reg.; May 3, 2004, Susp	......do	Do.
Riverton, Village of, Sangamon County	170603	November 20, 1981, Emerg.; December 1, 1981, Reg.; May 3, 2004, Susp	......do	Do.
Rochester, Village of, Sangamon County	170840	March 2, 1976, Emerg.; June 15, 1982, Reg.; May 3, 2004, Susp	......do	Do.
Sangamon County, Unincorporated Areas	170912	July 29, 1975, Emerg.; January 6, 1983, Reg. May 3, 2004, Susp	......do	Do.
Sherman, Village of, Sangamon County	170969	April 28, 1983, Emerg.; November 16, 1983, Reg.; May 3, 2004, Susp	......do	Do.
Springfield, City of, Sangamon County	170604	November 28, 1975, Emerg.; February 2, 1982, Reg.; May 3, 2004, Susp	......do	Do.
Thayer, Village of, Sangamon County	170804	November 25, 1975, Emerg.; May 3, 1982, Reg.; May 3, 2004, Susp	......do	Do.
Williamsville, Village of, Sangamon County	171041	September 14, 1995, Emerg.; May 3, 2004, Reg.; May 3, 2004; Susp	......do	Do.
Region II
New Jersey: Greenwich, Township of, Warren County	340483	May 19, 1975, Emerg.; August 2, 1982, Reg.; May 17, 2004, Susp	5/17/2004	5/17/2004
New York: Schuyler Falls, Town of, Clinton County	360172	January 21, 1977, Emerg.; September 24, 1984, Reg.; May 17, 2004, Susp	......do	Do.
Victor, Village of, Ontario County	361648	March 12, 1996, Emerg.; May 17, 2004, Reg.; May 17, 2004, Susp	......do	Do.
Woodstock, Town of, Ulster County	360868	May 28, 1975, Emerg.; September 27, 1991, Reg.; May 17, 2004, Susp	......do	Do.
Region V
Ohio: Addyston, Village of, Hamilton County	390205	May 28, 1976, Emerg.; August 15, 1983, Reg.; May 17, 2004, Susp	......do	Do.
Amberley, Village of, Hamilton County	390206	November 16, 1973, Emerg.; September 30, 1980, Reg.; May 17, 2004, Susp	......do	Do.
Arlington Heights, Village of, Hamilton County	390207	February 23, 1990, Reg.; May 17, 2004, Susp	......do	Do.
Blue Ash, City of, Hamilton County	390208	November 7, 1973, Emerg.; August 1, 1980, Reg.; May 17, 2004, Susp	......do	Do.
Cincinnati, City of, Hamilton County	390210	June 27, 1973, Emerg.; October 15, 1982, Reg.; May 17, 2004, Susp	......do	Do.
Cleves, Village of, Hamilton County	390211	August 19, 1975, Emerg.; February 1, 1984, Reg.; May 17, 2004, Susp	......do	Do.
Elmwood Place, Village of, Hamilton County	390213	February 28, 1975, Emerg.; December 18, 1984, Reg.; May 17, 2004, Susp	......do	Do.
Evendale, Villeage of, Hamilton County	390214	June 27, 1977, Emerg.; September 29, 1986, Reg.; May 17, 2004, Susp	......do	Do.
Fairfax, Village of, Hamilton County	390215	September 12, 1974, Emerg.; November 15, 1979, Reg.; May 17, 2004, Susp	......do	Do.
Glendale, Village of, Hamilton County	390217	October 22, 2003, Emerg.; May 17, 2004, Reg.; May 17, 2004, Susp	......do	Do.
Greenhills, Village of, Hamilton County	390219	May 6, 1975, Emerg.; September 1, 1993, Reg.; May 17, 2004, Susp	......do	Do.
Hamilton County, Unincorporated Areas	390204	July 2, 1973, Emerg.; June 1, 1982, Reg.; May 17, 2004, Susp	......do	Do.
Harrison, City of, Hamilton County	390220	July 7, 1975, Emerg.; April 3, 1985, Reg.; May 17, 2004, Susp	......do	Do.
Indian Hill, Village of, Hamilton County	390221	July 18, 1975, Emerg.; May 1, 1985, Reg.; May 17, 2004, Susp	......do	Do.
Lockland, Village of, Hamilton County	390223	September 6, 1978, Emerg.; September 4, 1986, Reg.; May 17, 2004, Susp	......do	Do.
Loveland, City of, Hamilton County	390068	November 15, 1974, Emerg.; September 1, 1978, Reg.; May 17, 2004, Susp	......do	Do.
Madeira, City of, Hamilton County	390225	September 19, 1974, Emerg.; November 15, 1979, Reg.; May 17, 2004, Susp	......do	Do.
Montgomery, City of, Hamilton County	390228	October 24, 1975, Emerg.; June 25, 1976, Reg.; May 17, 2004, Susp	......do	Do.
Mount Healthy, City of, Hamilton County	390229	November 28, 1975, Emerg.; December 15, 1978, Reg.; May 17, 2004, Susp	......do	Do.
Newtown, Village of, Hamilton County	390230	August 27, 1975, Emerg.; December 15, 1983, Reg.; May 17, 2004, Susp	......do	Do.
North Bend, Village of, Hamilton County	390231	March 22, 1976, Emerg.; October 18, 1983, Reg.; May 17, 2004, Susp	......do	Do.
North College Hill, City of, Hamilton County	390232	May 6, 1975, Emerg.; September 29, 1986, Reg.; May 17, 2004, Susp	......do	Do.
Reading, City of, Hamilton County	390234	August 27, 1975, Emerg.; December 18, 1986, Reg.; May 17, 2004, Susp	......do	Do.
Sharonville, City of, Hamilton County	390236	May 20, 1975, Emerg.; January 2, 1987, Reg.; May 17, 2004, Susp	......do	Do.
Springdale, City of, Hamilton County	390877	October 1, 1980, Emerg.; December 5, 1990, Reg.; May 17, 2004, Susp	......do	Do.
St. Bernard, City of, Hamilton County	390235	May 13, 1975, Emerg.; September 19, 1984, Reg.; May 17, 2004, Susp	......do	Do.
Terrace Park, Village of, Hamilton County	390633	November 14, 1975, Emerg.; January 5, 1984, Reg.; May 17, 2004, Susp	......do	Do.
Woodlawn, Village of, Hamilton County	390239	September 10, 1975, Emerg.; September 4, 1986, Reg.; May 17, 2004, Susp	......do	Do.
Wyoming, City of, Hamilton County	390240	May 19, 1975, Emerg.; March 2, 1979, Reg.; May 17, 2004, Susp	......do	Do.
Region VIII
North Dakota: Fort Yates, City of, Sioux County	380111	February 24, 1975, Emerg.; November 5, 1985, Reg.; May 17, 2004, Susp	......do	Do.
Sioux County, Unincorporated Areas	380321	March 21, 1978, Emerg.; January 16, 1987, Reg.; May 17, 2004, Susp	......do	Do.
Solen, City of, Sioux County	380114	March 14, 1978, Emerg.; June 4, 1987, Reg.; May 17, 2004, Susp	......do	Do.
Standing Rock Indian Reservation, Sioux County	380697	March 26, 1997, Emerg.; May 4, 1998, Reg.; May 17, 2004, Susp	......do	Do.
South Dakota: Blunt, City of, Hughes County	460039	April 29, 1975, Emerg.; May 15, 1980, Reg.; May 17, 2004, Susp	......do	Do.
Corson County, Unincorporated Areas	460237	February 12, 1997, Emerg.; June 8, 1998, Reg.; May 17, 2004, Susp	......do	Do.
Fort Pierre, City of, Stanley County	465419	May 4, 1972, Emerg.; January 12, 1973, Reg.; May 17, 2004, Susp	......do	Do.
Hughes County, Unincorporated Areas	460271	February 24, 1997, Emerg.; July 1, 1998, Reg.; May 17, 2004, Susp	......do	Do.
Pierre, City of, Hughes County	460040	April 16, 1975, Emerg.; June 4, 1980, Reg.; May 17, 2004, Susp	......do	Do.
Standing Rock Indian Reservation, Corson County	461219	March 26, 1997, Emerg.; May 4, 1998, Reg.; May 17, 2004, Susp	......do	Do.
Stanley County, Unincorporated Areas	460287	February 12, 1997, Emerg.; June 8, 1998, Reg.; May 17, 2004, Susp	......do	Do.
* do =Ditto
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: April 22, 2004.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.