04-20099. 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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.

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
Minnesota:
Brooklyn Center, City of, Hennepin County	270151	July 29, 1974, Emerg; February 17, 1982, Reg; September 2, 2004, Susp	09/02/2004	09/02/2004
Brooklyn Park, City of, Hennepin County	270152	February 5, 1974, Emerg; May 17, 1982, Reg; September 2, 2004, Susp	......do	Do.
Camplin, City of, Hennepin County	270153	March 30, 1973, Emerg; July 18, 1977, Reg; September 2, 2004, Susp	......do	Do.
Corcoran, City of, Hennepin County	270155	September 8, 1975, Emerg; January 16, 1981, Reg; September 2, 2004, Susp	......do	Do.
Crystal, City of, Hennepin County	270156	May 13, 1974, Emerg; June 1, 1978, Reg; September 2, 2004, Susp	......do	Do.
Dayton, City of, Hennepin County	270157	September 25, 1973, Emerg; February 1, 1978, Reg; September 2, 2004, Susp	......do	Do.
Deephaven, City of, Hennepin County	270158	September 4, 1974, Emerg; December 26, 1978, Reg; September 2, 2004, Susp	......do	Do.
Eden Prairie, City of, Hennepin County	270159	May 16, 1975, Emerg; September 27, 1985, Reg; September 2, 2004, Susp	......do	Do.
Edina, City of, Hennepin County	270160	July 27, 1973, Emerg; May 1, 1980, Reg; September 2, 2004, Susp	......do	Do.
Excelsior, City of Hennepin County	270161	May 20, 1974, Emerg; March 20, 1981, Reg; September 2, 2004, Susp	......do	Do.
Greenfield, City of, Hennepin County	270673	December 26, 1974, Emerg; April 15, 1981, Reg; September 2, 2004, Susp	......do	Do.
Greenwood, City of, Hennepin County	270164	July 25, 1975, Emerg; December 26, 1978, Reg; September 2, 2004, Susp	......do	Do.
Hanover, City of, Hennepin and Wright Counties	270540	October 25, 1974, Emerg; May 5, 1981, Reg; September 2, 2004, Susp	......do	Do.
Hopkins, City of, Hennepin County	270166	May 2, 1974, Emerg; May 5, 1981, Reg; September 2, 2004, Susp	......do	Do.
Independence, City of, Hennepin County	270167	January 28, 1975, Emerg; January 6, 1983, Reg; September 2, 2004, Susp	......do	Do.
Long Lake, City of, Hennepin County	270168	May 2, 1975, Emerg; February 20, 1979, Reg; September 2, 2004, Susp	......do	Do.
Loretto, City of, Hennepin County	270659	May 29, 1975, Emerg; June 22, 1984, Reg; September 2, 2004, Susp	......do	Do.
Maple Plain, City of, Hennepin County	270170	October 24, 1975, Emerg; June 22, 1984, Reg; September 2, 2004, Susp	......do	Do.
Medicine Lake, City of, Hennepin County	270690	December 21, 1978, Emerg; April 15, 1982, Reg; September 2, 2004, Susp	......do	Do.
Medina, City of, Hennepin County	270171	July 18, 1975, Emerg; September 3, 1980, Reg; September 2, 2004, Susp	......do	Do.
Minneapolis, City of, Hennepin County	270172	March 23, 1973, Emerg; February 18, 1981, Reg; September 2, 2004, Susp	......do	Do.
Minnetonka, City of, Hennepin County	270173	April 9, 1975, Emerg; May 19, 1981, Reg; September 2, 2004, Susp	......do	Do.
Minnetonka Beach, City of, Hennepin County	270174	June 9, 1975, Emerg; June 22, 1984, Reg; September 2, 2004, Susp	......do	Do.
Minnetrista, City of, Hennepin County	270175	September 12, 1978, Emerg; September 27, 1985, Reg; September 2, 2004, Susp	......do	Do.
New Hope, City of, Hennepin County	270177	July 2, 1975, Emerg; January 2, 1981, Reg; September 2, 2004, Susp	......do	Do.
Orono, City of, Hennepin County	270178	February 24, 1975, Emerg; October 17, 1978, Reg; September 2, 2004, Susp	......do	Do.
Plymouth, City of, Hennepin County	270179	April 15, 1974, Emerg; May 15, 1978, Reg; September 2, 2004, Susp	......do	Do.
Richfield, City of, Hennepin County	270180	April 22, 1975, Emerg; August 24, 1981, Reg; September 2, 2004, Susp	......do	Do.
Robbinsdale, City of, Hennepin County	270181	May 9, 1974, Emerg; August 1, 1977, Reg; September 2, 2004, Susp	......do	Do.
Rockford, City of, Hennepin County	270182	February 5, 1975, Emerg; November 1, 1979, Reg; September 2, 2004, Susp	......do	Do.
Shorewood, City of, Hennepin County	270185	April 8, 1975, Emerg; December 4, 1979, Reg; September 2, 2004, Susp	......do	Do.
Spring Park, City of, Hennepin County	270186	July 16, 1975, Emerg; May 1, 1979, Reg; September 2, 2004, Susp	......do	Do.
St. Anthony, City of, Hennepin County	270716	February 26, 1998, Emerg; September 2, 2004, Reg; September 2, 2004, Susp	......do	Do.
St. Bonifacius, City of, Hennepin County	270183	April 22, 1976, Emerg; December 26, City 1978, Reg; September 2, 2004, Susp	......do	Do.
St. Louis Park City, of, Hennepin County	270184	December 22, 1972, Emerg; June 1, 1977, Reg; September 2, 2004, Susp	......do	Do.
Tonka Bay, City of, Hennepin County	270187	January 17, 1975, Emerg; May 1, 1979, Reg; September 2, 2004, Susp	......do	Do.
Wayzata, City of, Hennepin County	270188	November 25, 1974, Emerg; November, 1, 1979, Reg; September 2, 2004, Susp	......do	Do.
Woodland, City of, Hennepin County	270189	June 11, 1975, Emerg; August 1, 1979, Reg; September 2, 2004, Susp	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.

Dated: August 26, 2004.

David I. Maurstad,

Acting Mitigation Division Director, Emergency Preparedness and Response Directorate.