[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14280]


[[Page Unknown]]

[Federal Register: June 15, 1994]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7597]

 

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suspension date given in this rule, the suspension will be withdrawn by 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, 
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 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.
    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 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 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 assistance
                                   Community   Effective date of authorization/    Current         no longer    
         State/location               No.        cancellation of sale of flood    effective      available in   
                                                    insurance in community        map date       special flood  
                                                                                                 hazard areas   
----------------------------------------------------------------------------------------------------------------
   Regular Program Conversions                                                                                  
Region I:                                                                                                       
  Maine:                                                                                                        
    Augusta, city of, Kennebec         230067  May 16, 1974, Emerg.; April 1,        6-15-94  June 15, 1994.    
     County.                                    1981, Reg.; June 15, 1994, Susp.                                
    Chelsea, town of, Kennebec         230234  October 1, 1975, Emerg.; June 4,      6-15-94  Do.               
     County.                                    1980, Reg.; June 15, 1994, Susp.                                
    Strong, town of, Franklin          230061  August 21, 1975, Emerg.; July 2,      6-15-94  Do.               
     County.                                    1980, Reg.; June 15, 1994, Susp.                                
Region II                                                                                                       
  New York:                                                                                                     
    Hebron, town of, Washington        361443  February 2, 1976, Emerg.; April       6-15-94  Do.               
     County.                                    17, 1985, Reg.; June 15, 1994,                                  
                                                Susp.                                                           
    Dexter, village of,                360333  May 27, 1975, Emerg.; June 5,         6-15-94  Do.               
     Jefferson County.                          1985, Reg.; June 15, 1994, Susp.                                
Region V:                                                                                                       
    Michigan: Kalamazoo, town          260429  December 27, 1977, Emerg.; June       6-15-94  Do.               
     of, Kalamazoo County.                      15, 1982, Reg.; June 15, 1994,                                  
                                                Susp.                                                           
Region VII:                                                                                                     
    Iowa: Remsem, city of,             190480  November 4, 1982, Emerg.; August       8-1-86  Do.               
     Plymouth County.                           1, 1986, Reg.; June 15, 1994,                                   
                                                Susp.                                                           
Region X:                                                                                                       
  Washington:                                                                                                   
    Benton County,                     530011  August 2, 1974, Emerg.; August        6-15-94  Do.               
     unincorporated areas.                      15, 1979, Reg.; June 15, 1994,                                  
                                                Susp.                                                           
    Kennewick, city of, Benton         530237  April 11, 1974, Emerg.; July 19,      6-15-94  Do.               
     County.                                    1982, Reg.; June 15, 1994, Susp.                                
Region I:                                                                                                       
  Maine:                                                                                                        
    Hartford, town of, Kennebec        230334  May 21, 1976, Emerg.; November         7-5-94  July 5,           
     County.                                    1, 1985, Reg.; July 5, 1994,                  1994.             
                                                Susp.                                                           
    Randolph, town of, Kennebec        230244  August 5, 1975, Emerg.;                7-5-94  Do.               
     County.                                    September 5, 1979, Reg.; July                                   
                                                5, 1994, Susp.                                                  
Region II:                                                                                                      
    New York: New York, city of,       360497  April 8, 1975, Emerg.; November        7-5-94  Do.               
     Bronx, Queens, Kings, New                  16, 1983, Reg.; July 5, 1994,                                   
     York and Richmond.                         Susp.                                                           
Region IV:                                                                                                      
    Mississippi: Flowood, town         280289  May 28, 1975, Emerg.; December         7-5-94  Do.               
     of, Rakin County.                          15, 1982, Reg.; July 5, 1994,                                   
                                                Susp.                                                           
    North Carolina: Monroe, city       370236  April 21, 1975, Emerg.; January        7-5-94  Do.               
     of, Union County.                          19, 1983, Reg.; July 5, 1994,                                   
                                                Susp.                                                           
Region VI:                                                                                                      
    Texas: Hardin County,              480284  November 12, 1973, Emerg.;             7-5-94  Do.               
     unincorporated areas.                      September 29, 1978, Reg.; July                                  
                                                5, 1994, Susp.                                                  
Region I:                                                                                                       
  Maine:                                                                                                        
    Gardiner, city of, Kennebec        230068  February 27, 1975, Emerg.; May        7-18-94  July 18,          
     County.                                    15, 1980, Reg.; July 18, 1994,                1994.             
                                                Susp.                                                           
    Hallowell, city of, Kennebec       230069  January 13, 1975, Emerg.;             7-18-94  Do.               
     County.                                    November 15, 1979, Reg.; July                                   
                                                18, 1994, Susp.                                                 
Region V:                                                                                                       
  Minnesota:                                                                                                    
    Ada, city of, Norman County.       270323  April 30, 1974, Emerg.; August        7-18-94  Do.               
                                                2, 1982, Reg.; July 18, 1994,                                   
                                                Susp.                                                           
    Hendrum, city of, Norman           270325  July 5, 1974, Emerg.; December        7-18-94  Do.               
     County.                                    18, 1979, Reg.; July 18, 1994,                                  
                                                Susp.                                                           
    Norman County,                     270322  January 23, 1974, Emerg.;             7-18-94  Do.               
     unincorporated areas.                      September 2, 1981, Reg.; July                                   
                                                18, 1994, Susp.                                                 
  Minnesota:                                                                                                    
    Perley, city of, Norman            270326  April 26, 1974, Emerg.; June 15,      7-18-94  Do.               
     County.                                    1999, Reg.; July 18, 1994, Susp.                                
    Shelly, city of, Norman            270327  August 16, 1974, Emerg.;              7-18-94  Do.               
     County.                                    September 2, 1981, Reg.; July                                   
                                                18, 1994, Susp.                                                 
Region VIII                                                                                                     
    Wyoming: Baggs, town of,           560009  December 16, 1975, Emerg.;            8-16-88  Do.               
     Carbon County.                             August 16, 1988, Reg.; July 18,                                 
                                                1994, 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: June 6, 1994.

Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 94-14280 Filed 6-14-94; 8:45 am]
BILLING CODE 6718-21-P