[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46037-46038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21927]



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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64

[Docket No. FEMA-7625]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency.

ACTION: Final rule.

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SUMMARY: This rule identifies a community where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that is suspended on the effective date listed within 
this rule because of failure to enforce floodplain management 
requirements of the program. If FEMA receives documentation of remedial 
measures taken prior to the effective suspension date given in this 
rule, the suspension will be withdrawn by publication in the Federal 
Register.

EFFECTIVE DATE: The effective date of the community's suspension is the 
third date (``Susp.'') listed in the fourth 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 at: Post Office Box 6464, 
Rockville, MD 20849, (800) 638-6620.

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 community listed in this 
document no longer meet the 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 fourth column. As of 
that date, flood insurance will no longer be available in the 
community. However, the community may submit the required documentation 
of the remedial measures taken after this rule is published but prior 
to the actual suspension date. 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, the Federal Emergency Management Agency 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 fifth 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 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 community listed on the date shown in the last 
column.
    The Director finds that notice and public comment under 5 U.S.C. 
553(b) are impracticable and unnecessary because the community 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 Consideration. No environmental impact 
assessment has been prepared.

Regulatory Flexibility Act

    The Asssociate Director certified that this rule will not have a 
significant economic impact on a substantial number of small entities 
in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

Regulatory Classification

    This 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, dated 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.


[[Page 46038]]

    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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                                            Effective date of                                                   
                                             authorization/                                 Date certain Federal
      State/Location        Community    cancellation of sale of    Current effective map   assistance no longer
                               No.         flood insurance in               date            available in special
                                                community                                    flood hazard areas 
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        Region VI                                                                                               
                                                                                                                
Texas:                                                                                                          
    Hunt County,                480363  June 15, 1990, Emerg;     Sept. 4, 1991...........  Sept. 6, 1995       
     unincorporated areas.               Sept. 4, 1991, Reg.                                                    
                                         Sept. 6, 1995, 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: August 25, 1995.
Robert H. Volland,
Acting Deputy Associate Director, Mitigation Directorate.
[FR Doc. 95-21927 Filed 9-1-95; 8:45 am]
BILLING CODE 6718-21-P