[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Rules and Regulations]
[Pages 55329-55331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26957]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7629]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Final rule.
-----------------------------------------------------------------------
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suspension date given in this rule, the suspension will be withdrawn by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 DATE: 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.
[[Page 55330]]
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:
----------------------------------------------------------------------------------------------------------------
Date certain federal
Community Effective date of Current assistance no longer
State/location No. eligibility effective available in special
map date flood hazard areas
----------------------------------------------------------------------------------------------------------------
Region V
Indiana:
Flora, town of, Carroll County 180021 April 9, 1975 Emerg; 11-01-95 Nov. 1, 1995.
November 1, 1995, Reg;
November 1, 1995. Susp.
Harrison County, 180085 March 19, 1975, Emerg; ......do Do.
unincorporated areas. November 1, 1995, Reg;
November 1, 1995, Susp.
Perry County, unincorporated 180195 April 11, 1975, Emerg; ......do Do.
areas. November 1, 1995, Reg;
November 1, 1995, Susp.
Scott County, unincorporated 180474 March 5, 1993, Emerg; ......do Do.
areas. November 1, 1995, Reg;
November 1, 1995, Susp.
Vermillion County, 180449 December 1, 1993, Emerg; ......do Do.
unincorporated areas. November 1, 1995, Reg;
November 1, 1995, Susp.
Ohio: Trimble, village of, Athens 390021 March 2, 1977, Emerg; ......do Do.
County. November 1, 1995, Reg;
November 1, 1995, Susp.
Region I
Connecticut: Bozrah, town of, New 090094 April 23, 1974, Emerg; 11-02-95 Nov. 2, 1995.
London County. September 30, 1981, Reg;
November 2, 1995, Susp.
Region II
New Jersey: South Belmar, borough 340328 July 2, 1974, Emerg; ......do Do.
of, Monmouth County. November 28, 1980, Reg;
November 2, 1995, Susp.
Region III
Pennsylvania: Jefferson, township 421672 December 2, 1975, Emerg; ......do Do.
of, Greene County. September 16, 1981, Reg;
November 2, 1995, Susp.
Region V
Illinois: Hampshire, village of, 170327 January, 14, 1976, Emerg; ......do Do.
Kane County. March 2, 1981, Reg;
November 2, 1995, Susp.
Indiana:
Brookville, town of, Franklin 180069 March 13, 1975, Emerg; ......do Do.
County. November 15, 1984, Reg;
November 2, 1995, Susp.
Cedar Grove, town of, Franklin 180304 November 22, 1975, Emerg; ......do Do.
County. August 5, 1986, Reg;
November 2, 1995, Susp.
Franklin County, 180068 May 15, 1975, Emerg; ......do Do.
unincorporated areas. September 1, 1988, Reg;
November 2, 1995, Susp.
Michigan: Montrose, township of, 260399 July 29, 1975, Emerg; ......do Do.
Genesee County. July 2, 1980, Reg;
November 2, 1995, Susp.
Ohio: Napoleon, city of, Henry 390266 September 30, 1975, ......do Do.
County. Emerg; March 4, 1985,
Reg; November 2, 1995,
Susp.
Wisconsin: Washburn, city of, 550019 April 30, 1975, Emerg; ......do Do.
Bayfield County. November 2, 1995, Reg;
November 2, 1995, Susp.
Region VIII
Utah: Davis County, unincorporated 490038 April 22, 1975 Emerg; ......do Nov. 16, 1995.
areas. March 1, 1982 Reg;
November 2, 1995 Susp.
Region II
New York:
Wilmington, town of, Essex 361161 March 13, 1981 Emerg; ......do
County. July 3, 1985, Reg;
November 16, 1995, Susp.
Schroon, town of, Essex County 361158 January 27, 1966 Emerg; ......do Do.
May 15, 1985, Reg;
November 16, 1995, Susp.
Region III
Pennsylvania:
[[Page 55331]]
Allenport, borough of, 420845 March 10, 1975, Emerg; ......do Do.
Washington County. July 16, 1981, Reg;
November 16, 1995, Susp.
Belle Vernon, borough of, 420457 July 19, 1974, Emerg; ......do Do.
Fayette County. July 16, 1981, Reg;
November 16, 1995, Susp.
Brownsville, borough of, 420458 July 9, 1975, Emerg; ......do Do.
Fayette County. September 16, 1981, Reg;
November 16, 1995, Susp.
Brownsville, township of, 421621 July 9, 1975. Emerg; ......do Do.
Fayette County. February 17, 1982, Reg;
November 16, 1995, Susp.
Marion Center, borough of, 420503 September 29, 1975, ......do Do.
Indiana County. Emerg; September 1,
1986, Reg; November 16,
1995, Susp.
Stroud, township of, Monroe 420693 May 9, 1973, Emerg; April ......do Do.
County. 15, 1977, Reg; November
16, 1995, Susp.
Region V
Illinois: Mill Creek, village of, 170659 September 6, 1974, Emerg; 10-05-84 Do.
Union County. October 5, 1984, Reg;
November 16, 1995, Susp.
Indiana: Carmel, city of, Hamilton 180081 August 7, 1975, Emerg; 5-19-81 Do.
County. May 19, 1981, Reg;
Novmeber 16, 1995, Susp.
Ohio:
Laurelville, village of, 390273 May 14, 1975, Emerg; 11-16-95 Do.
Hocking County. November 16, 1995, Reg;
November 16, 1995, Susp.
Meigs County, unincorporated 390387 February 9, 1977, Emerg; ......do Do.
areas. November 16, 1995, Reg;
November 16, 1995, Susp.
Wisconsin: Clintonville, city of, 550494 April 2, 1974, Emerg; ......do Do.
Waupaca County. September 19, 1984, Reg;
November 16, 1995, Susp.
Region VI
Louisiana:
Grant County, unincorporated 220076 November 15, 1973, Emerg; ......do Do.
areas. December 1, 1978, Reg;
November 16, 1995, Susp.
New Roads, town of, Pointe 220144 November 20, 1070, Emerg; ......do Do.
Coupee Parish. August 13, 1971, Reg;
November 16, 1995, Susp.
Pointe Coupee Parish, 220140 November 6, 1970, Emerg; ......do Do.
unincorporated areas. November 5, 1971, Reg;
November 16, 1995, Susp.
Oklahoma: Comanche, city of, 400008 March 28, 1980, Emerg; ......do Do.
Comanche County. September 27, 1991, Reg;
November 16, 1995, Susp.
----------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.- Emergency; Reg.- Regular; Rein.- Reinstatement; Susp.- Suspension.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Issued: October 26, 1995.
Robert H. Volland,
Acting Deputy Associate Director, Mitigation Directorate.
[FR Doc. 95-26957 Filed 10-30-95; 8:45 am]
BILLING CODE 6718-05-P