[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15723-15724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8772]



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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7638]


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suspension date given in this rule, the suspension will be withdrawn by 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 Acting 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 Acting 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.

[[Page 15724]]



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
                                 Community     Effective date of    Current effective map   assistance no longer
        State/location              No.           eligibility                date           available in special
                                                                                             flood hazard areas 
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          Region III                                                                                            
                                                                                                                
Delaware:                                                                                                       
    Middletown, town of, New         100024  June 13, 1974,         April 17, 1996.......  April 17, 1996.      
     Castle County.                           Emerg.; January 7,                                                
                                              1977, Reg.; April                                                 
                                              17, 1996, Susp.                                                   
    New Castle, city of, New         100026  June 6, 1970, Emerg.;  ......do.............      Do.              
     Castle County.                           December 26, 1975,                                                
                                              Reg.; April 17,                                                   
                                              1996, Susp.                                                       
    New Castle County,               105085  June 6, 1970, Emerg.;  ......do.............      Do.              
     unincorporated areas.                    December 3, 1970,                                                 
                                              Reg.; April 17,                                                   
                                              1996, Susp.                                                       
    Newark, city of, New             100025  June 5, 1970, Emerg.;  ......do.............      Do.              
     Castle County.                           March 29, 1974,                                                   
                                              Reg.; April 17,                                                   
                                              1996, Susp.                                                       
    Newport, town of, New            100054  May 28, 1974, Emerg.;  ......do.............      Do.              
     Castle County.                           June 15, 1978, Reg.;                                              
                                              April 17, 1996, Susp.                                             
    Wilmington, city of, New         100028  December 19, 1973,     ......do.............      Do.              
     Castle County.                           Emerg.; May 2, 1977,                                              
                                              Reg.; April 17,                                                   
                                              1996, Susp.                                                       
                                                                                                                
           Region V                                                                                             
                                                                                                                
Ohio:                                                                                                           
    Fairfield County,                390158  March 21, 1977,        ......do.............      Do.              
     unincorporated areas.                    Emerg.; April 17,                                                 
                                              1989, Reg.; April                                                 
                                              17, 1996, Susp.                                                   
    Kenton, city of, Hardin          390253  August 15, 1975,       ......do.............      Do.              
     County.                                  Emerg.; April 17,                                                 
                                              1996, Reg.; April                                                 
                                              17, 1996, Susp.                                                   
                                                                                                                
           Region VI                                                                                            
                                                                                                                
Texas: Hardin County,                480284  November 12, 1973,     ......do.............      Do.              
 unincorporated areas.                        Emerg.; September                                                 
                                              29, 1978, Reg.;                                                   
                                              April 17, 1996, 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: March 29, 1996.
Richard W. Krimm,
Acting Associate Director, Mitigation Directorate.
[FR Doc. 96-8772 Filed 4-8-96; 8:45 am]
BILLING CODE 6718-05-P