[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42259-42262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21196]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7694]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, FEMA.
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suspension date given in this rule, the suspension will be withdrawn by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.
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: Robert F. Shea Jr., Division Director,
Program Implementation Division, Mitigation Directorate, 500 C Street,
SW., Room 417, Washington, DC 20472, (202) 646-3619.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
[[Page 42260]]
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 Associate Director 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 Associate Director 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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
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Date certain federal
Effective date of Current effective map assistance no longer
State/Location Community No eligibility date available in special
flood hazard areas
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Region II
New Jersey: Brick, township of, 345285 June 30, 1970, August 3, 1998........ August 3, 1998.
Ocean County. Emerg; August 4,
1972 Reg; August
3, 1998, Susp.
New York:
Hermon, village of, 361464 January 13, 1976, ......do.............. ......Do.
Lawrence County. Emerg; December
19, 1984, Reg;
August 3, 1998,
Susp.
Lee, town of, Oneida County.... 360532 March 6, 1975, ......do.............. ......Do.
Emerg; June 5
1985, Reg;
August 3, 1998,
Susp.
Region III
Delaware:
New Castle County 105085 June 6, 1970, ......do.............. ......Do.
unincorporated areas. Emerg; December
3, 1971, Reg;
August 3, 1998,
Susp.
[[Page 42261]]
Newark, city of, New Castle 100025 June 5, 1970, ......do.............. ......Do.
County. Emerg; March 29,
1974, Reg;
August 3, 1998,
Susp.
Pennsylvania: St. Marys, city 420446 October 25, 1973, ......do.............. ......Do.
of, Elk County. Emerg; August
15, 1980, Reg;
August 3, 1998,
Susp.
Virginia: Rappahannock County, 510128 January 7, 1976, ......do.............. ......Do.
unincorporated areas. Emerg; August
24, 1984, Reg;
August 3, 1998,
Susp.
Region IV
North Carolina:
Mecklenburg County, 370185 May 17, 1973, ......do.............. ......Do.
unincorporated areas. Emerg; June 1,
1981, Reg;
August 3, 1998
Susp.
Whiteville, city of, 370071 September 3, ......do.............. ......Do.
Columbus County. 1974, Emerg;
July 1, 1991,
Reg; August 3,
1998, Susp.
Region V
Michigan:
Cadillac, city of, Wexford 260247 June 2, 1975, ......do.............. ......Do.
County. Emerg; March 18,
1996, Reg;
August 3, 1998,
Susp.
Selma, township of, Wexford 260757 April 7, 1986, ......do.............. ......Do.
County. Emerg; September
30, 1988, Reg;
August 3, 1998,
Susp.
Region V
Ohio: Champaign County, 390055 May 12, 1986, ......do.............. ......Do.
unincorporated areas. Emerg; April 3,
1985, Reg;
August 3, 1998,
Susp.
Wisconsin:
Oconto County, 550294 May 21, 1973, ......do.............. ......Do.
unincorporated areas. Emerg; January
6, 1983 Reg;
August 3, 1998,
Susp.
Westfield, village of, 550269 June 26, 1975, ......do.............. ......Do.
Marquette County. Emerg; January
17, 1991 Reg;
August 3, 1998,
Susp.
Region VI
Louisiana: Greenwood, town of, 220292 October 14, 1991, ......do.............. ......Do.
Caddo Parish. Emerg; August 3,
1998, Reg;
August 3, 1998,
Susp.
Oklahoma: Allen, town of, 400174 September 26, ......do.............. ......Do.
Pontotoc and Hughes Counties. 1975, Emerg;
November 30,
1982, Reg;
August 3, 1998,
Susp.
Region IX
California:
Agoura Hills, city of, Los 065072 July 5 1984, ......do.............. ......Do.
Angeles County. Emerg; March 4,
1986, Reg;
August 3, 1998,
Susp.
Colusa, city of, Colusa 060023 February 9, 1973, ......do.............. ......Do.
County. Emerg; June 30,
1976, Reg;
August 3, 1998,
Susp.
Colusa County, 060022 January 16, 1976, ......do.............. ......Do.
unincorporated areas. Emerg; September
18, 1985, Reg;
August 3, 1998,
Susp.
Hawaii: Maui................... 150003 September 18, ......do.............. ......Do.
1970, Emerg;
June 1, 1981,
Reg; August 3,
1998, Susp.
Oregon: Troutdale, city of, 410184 June 13, 1974, ......do.............. ......Do.
Multnomah County. Emerg; September
30, 1988, Reg;
August 3, 1998,
Susp.
Region I
Maine: Union, town of, Knox 230080 July 3, 1975, August 17, 1998....... August 17, 1998.
County. Emerg; March 18,
1987 Reg; August
17, 1998, Susp.
Region II
New York: Canton, town of, St. 361172 June 9, 1975, ......do.............. ......Do.
Lawrence County. Emerg; December
19, 1984, Reg;
August 17, 1998,
Susp.
Region IV
North Carolina:
Emerald Isle, town of, 370047 June 29, 1973, ......do.............. ......Do.
Carteret County. Emerg; April 1,
1977, Reg;
August 17, 1998,
Susp.
Haywood County, 370120 June 9, 1975, ......do.............. ......Do.
unincorporated areas. Emerg; July 15,
1984, Reg;
August 17, 1998,
Susp.
Region V
Michigan: Clinton, charter 260121 February 9, 1973, ......do.............. ......Do.
township of, Macomb County. Emerg; August 1,
1979, Reg;
August 17, 1998,
Susp.
Region VI
Texas:
Enchanted Oaks, city of, 481634 June 20, 1990, ......do.............. ......Do.
Henderson County. Emerg; September
27, 1991, Reg;
August 17, 1998,
Susp.
[[Page 42262]]
Gun Barrel City, city of, 480328 June 14, 1994, ......do.............. ......Do.
Henderson County. Reg; August 17,
1998, Susp.
Henderson County, 481174 April 8, 1987, ......do.............. ......Do.
unincorporated areas. Emerg; September
27, 1991, Reg;
August 17, 1998,
Susp.
California:
San Jose, city of, Santa 060349 January 23, 1976, ......do.............. ......Do.
Clara County. Emerg; August 2,
1982, Reg;
August 17, 1998,
Susp.
Santa Clara County, 060337 June 18, 1979, ......do.............. ......Do.
unincorporated areas. Emerg; August 2,
1982 Reg; August
17, 1998 Susp.
Region X
Oregon: Lincoln City, city of, 410130 December 22, ......do.............. ......Do.
Lincoln County. 1972, Emerg;
April 17, 1978,
Reg; August 17,
1998, Susp.
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Code for reading third column: Emerg.-Emergency; Reg.-Regular; Rein.-Reinstatement; Susp.-Suspension.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Issued: July 29, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-21196 Filed 8-6-98; 8:45 am]
BILLING CODE 6718-05-P