[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18653]
[[Page Unknown]]
[Federal Register: August 1, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7600]
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suspension date given in this rule, the suspension will be withdrawn by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, 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
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Region II
New York: Turin, town of, Lewis 360376 September 12, 1975, Emerg.; July 8-2-94 Aug. 2, 1994.
County. 30, 1984, Reg.; August 2, 1994,
Susp.
Region III
Pennsylvania: Union, township 421704 July 21, 1982, Emerg.; March 2, 8-2-94 Do.
of, Huntingdon County. 1989, Reg.; August 2, 1994.
Susp.
Virginia:
Bluefield, town of, Tazewell 510161 July 30, 1973, Emerg.; July 17, 8-2-94 Do.
County. 1978, Reg. August 2, 1994 Susp.
Tazewell County, 510160 May 13, 1975, Emerg.; September 8-2-94 Do.
unincorporated areas. 1, 1983, Reg.; August 2, 1994
Susp.
Wise County, unincorporated 510174 October 30, 1974. Emerg.; August 8-2-94 Do.
areas. 17, 1981. Reg.; August 2, 1994,
Susp.
Region II
New York: Trenton, town of, 360556 April 21, 1975, Emerg.; May 1, 8-16-94 Aug. 16, 1994.
Oneida County. 1985, Reg.; August 16, 1994,
Susp.
Region III
Maryland:
Deer Park, town of, Garrett 240102 February 7, 1982, Emerg.; August 8-16-94 Do.
County. 16, 1994, Reg.; August 16,
1994, Susp.
Garrett County, 240034 February 7, 1982, Emerg.; June 8-16-94 Do.
unincorporated areas. 5, 1985. Reg.; August 16, 1994,
Susp.
Loch Lynn Heights, town of, 240034 May 23, 1975, Emerg.; August 15, 8-16-94 Do.
Garrett County. 1979, Reg.; August 16, 1994,
Susp.
Mountain Lake Park, town of, 240038 May 6, 1975, Emerg.; October 16, 8-16-94 Do.
Garrett County. 1984, Reg.; August 16, 1994,
Susp.
Region V
Minnesota: Paynesville, city of, 270452 June 3, 1974, Emerg.; August 16, 8-16-94 Do.
Stearns County. 1994, Reg.; August 16, 1994,
Susp.
Ohio:
Amsterdam, village of, 390296 March 19, 1976, Emerg.; December 12-1-83 Do.
Jefferson County. 1, 1983, Reg.; August 16, 1994,
Susp.
Higginsport, village of, 390677 January 29, 1976, Emerg.; 9-15-83 Do.
Brown County. September 15, 1983, Reg.;
August 16, 1994, Susp.
Sebring, village of, 390371 November 26, 1976, Emerg.; 1-25-80 Do.
Mahoning County. August 11, 1978, Reg.; August
16, 1994, Susp.
Wisconsin: Winneconne, village 550512 August 15, 1975, Emerg.; August 8-16-94 Do.
of, Winnebago County. 1, 1980, Reg.; August 16, 1994,
Susp.
Region VIII
Utah:
Farmington, city of, Davis 490044 May 13, 1975, Emerg.; August 17, 8-16-94 Do.
County. 1981, Reg.; August 16, 1994,
Susp.
Davis County, unincorporated 490038 April 22, 1975, Emerg.; March 1, 8-16-94 Do.
areas. 1982, Reg.; August 16, 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: July 26, 1994.
Robert H. Volland,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 94-18653 Filed 7-29-94; 8:45 am]
BILLING CODE 6718-21-P