E6-9051. Suspension of Community Eligibility

AGENCY:

Mitigation Division, Federal Emergency Management Agency (FEMA), 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.

FOR FURTHER INFORMATION CONTACT:

William H. Lesser, Mitigation Division, 500 C Street SW., 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 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.

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.

§ 64.6

[Amended]

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 SFHAs
Region III
Virginia:
Fairfax, City of, Independent City	515524	May 8, 1970, Emerg; December 17, 1971, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Region IV
North Carolina:
Bald Head Island, Village of, Brunswick County	370442	February 26, 1986, Emerg; May 15, 1986, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Belville, Town of, Brunswick County	370545	September 15, 2004, Emerg; June 2, 2006, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Boiling Spring Lake, City of, Brunswick County	370453	March 2, 1989, Emerg; March 2, 1989, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Bolivia, Town of, Brunswick County	370394	May 19, 2005, Emerg; June 2, 2006, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Bolton, Town of, Columbus County	370295	September 23, 1977, Emerg; July 1, 1987, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Brunswick County, Unincorporated Areas	370295	July 7, 1975, Emerg; May 15, 1987, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Calabash, Town of, Brunswick County	370395	June 9, 1986, Emerg; February 4, 1988, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Carolina Shores, Town of, Brunswick County	370517	January 26, 1999, Emerg; January 26, 1999, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Caswell Beach, Town of, Brunswick County	370391	May 6, 1976, Emerg; January 17, 1986, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Cerro Gordo, Town of, Columbus County	370311	October 10, 1975, Emerg; July 3, 1986, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Chadbourn, Town of, Columbus County	370065	July 9, 1975, Emerg; September 30, 1987, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Columbus County, Unincorporated Areas	370305	July 6, 1979, Emerg; June 3, 1991, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Fair Bluff, Town of, Columbus County	370067	April 29, 1975, Emerg; June 1, 1987, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Holden Beach, Town of, Brunswick County	375352	March 19, 1971, Emerg; May 26, 1972, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Lake Waccamaw, Town of, Columbus County	370069	July 2, 1975, Emerg; June 3, 1986, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Leland, Town of, Brunswick County	370471	October 19, 1992, Emerg; October 19, 1992, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Navassa, Town of, Brunswick County	370593	May 19, 2005, Emerg; June 2, 2006, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Northwest, City of, Brunswick County	370513	November 12, 1998, Emerg; November 12, 1998, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Oak Island, Town of, Brunswick County	370523	July 1, 1999, Emerg; July 1, 1999, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Shallotte, Town of, Brunswick County	370388	July 1, 1975, Emerg; January 3, 1986, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Southport, City of, Brunswick County	370028	April 11, 1973, Emerg; April 15, 1977, Reg; June 2, 2006, Susp	06/02/06	06/02/06
St. James, Town of, Brunswick County	370530	June 27, 2000, Emerg; June 27, 2000, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Sunset Beach, Town of, Brunswick County	375359	October 15, 1971, Emerg; November 17, 1972, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Tabor City, Town of, Columbus County	370070	January 29, 1975, Emerg; July 17, 1986, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Varnamtown, Town of, Brunswick County	370648	May 30, 2001, Emerg; May 30, 2001, Reg; June 2, 2006, Susp	06/02/06	06/02/06
Whiteville, City of, Columbus County	370071	September 3, 1974, Emerg; July 1, 1991, Reg; June 2, 2006, Susp	06/02/06	06/02/06
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.