[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1394]


[[Page Unknown]]

[Federal Register: January 19, 1994]


=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 59

[Docket No. FEMA-7589]

 

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule identifies a community, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that will be suspended on the effective date listed 
within this rule because of failure to enforce floodplain management 
requirements of the program. If the Federal Emergency Management Agency 
(FEMA) receives documentation that the community has taken action to 
bring their floodplain management program into compliance with NFIP 
requirements 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the suspension will be withdrawn by publication in the Federal 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, Division Director, 
Program Implementation Division, Mitigation Directorate, 500 C Street, 
SW., room 417, Washington, DC 20472, (202) 646-2717.

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 community listed in this 
document no longer meets that statutory requirement for compliance with 
program regulations, 44 CFR part 59 et seq. Accordingly, the community 
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, the community may submit the required documentation to bring 
its floodplain management program in compliance with the NFIP 
regulatory standards, after this rule is published but prior to the 
actual suspension date. If the documentation is submitted and approved 
by FEMA, the community will not be suspended and will continue its 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the community will be published in the Federal Register.
    In addition, FEMA has identified the special flood hazard areas in 
the community 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 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 Deputy 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.
    This community received a 90-day, and two 30-day notifications 
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 Deputy 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 and enforces adequate floodplain management measures. The 
community listed no longer complies with the statutory requirements, 
and after the effective date, flood insurance will no longer be 
available in the community unless it takes remedial action.

Regulatory Impact Analysis

    This rule is not a major rule under Executive Order 12291, Federal 
Regulation, February 17, 1981, 3 CFR, 1981 comp., p. 127. No regulatory 
impact analysis has been prepared.

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 59

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 59 is amended as follows:

PART 59--[AMENDED]

    1. The authority citation for part 59 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. 59.24  [Amended]

    2. The tables published under the authority of Sec. 59.24 are 
amended as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                          Date certain Federal  
                  Community  Effective date of authorization/  Current effective map      assistance no longer  
 State/location      No.      cancellation of sale of flood            date               available in special  
                                 insurance in community                                    flood hazard areas   
----------------------------------------------------------------------------------------------------------------
   Region IV--                                                                                                  
     Georgia                                                                                                    
                                                                                                                
Clayton, city        130157  July 25, 1975, Emerg.; Aug. 13,  June 19, 1989..........  Jan. 19, 1994.           
 of, Rabun                    1984, Withd.; Jan. 13, 1988,                                                      
 County.                      Reins.; Jan. 13, 1988, Reg.;                                                      
                              Jan. 19, 1994, Susp.                                                              
----------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension; Withd.--Withdrawn.          


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: January 13, 1994.
Robert H. Volland,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 94-1394 Filed 1-18-94; 8:45 am]