[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51228-51230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25089]


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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64

[Docket No. FEMA-7650]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 51229]]

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.


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     
            State/location               Community    Effective date of eligibility       Current effective map date      assistance no longer available
                                            No.                                                                            in special flood hazard areas
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               Region I                                                                                                                                 
                                                                                                                                                        
Massachusetts: West Tisbury, town of,        250074  March 29, 1978 Emerg.; October  September 29, 1996.................  September 29, 1996            
 Dukes County.                                        15, 1985, Reg.; September 29,                                                                     
                                                      1996, Susp.                                                                                       
                                                                                                                                                        
               Region II                                                                                                                                
                                                                                                                                                        
New York:                                                                                                                                               
    Elimira, town of, Chemung County..       360151  February 9, 1973, Emerg.;       ......do...........................      Do.                       
                                                      October 16, 1984, Reg.;                                                                           
                                                      September 29, 1996, Susp.                                                                         
    Horseheads, town of, Chemung             360153  June 20, 1973, Emerg.;          ......do...........................      Do.                       
     County.                                          September 4, 1986, Reg.;                                                                          
                                                      September 29, 1996, Susp.                                                                         
    Lake George, village of, Warren          360877  April 27, 1975, Emerg.; June    ......do...........................      Do.                       
     County.                                          22, 1984, Reg.; September 29,                                                                     
                                                      1996, Susp.                                                                                       
                                                                                                                                                        
               Region V                                                                                                                                 
                                                                                                                                                        
Minnesota: Koochiching County,               270233  July 1, 1974, Emerg.; June 1,   ......do...........................      Do.                       
 unincorporated areas.                                1988, Reg.; September 29,                                                                         
                                                      1996, Susp.                                                                                       
Ohio: Montgomery County,                     390775  September 27, 1977, Emerg.;     ......do...........................      Do.                       
 unincorporated areas.                                December 15, 1981, Reg.;                                                                          
                                                      September 29, 1996, Susp.                                                                         
Wisconsin: Platteville, city of, Grant       550154  June 24, 1975, Emerg.;          ......do...........................      Do.                       
 County.                                              September 29, 1996, Reg.;                                                                         
                                                      September 29, 1996, Susp.                                                                         
                                                                                                                                                        
               Region IV                                                                                                                                
                                                                                                                                                        
Florida: Sewall's Point, town of,            120164  July 26, 1973, Emerg.; August   October 16, 1996...................  October 16, 1996.             
 Martin County.                                       15, 1978, Reg.; October 16,                                                                       
                                                      1996, Susp.                                                                                       
Tennessee:                                                                                                                                              
    Carter County, unincorporated            470024  May 30, 1979, Emerg.; January   ......do...........................      Do.                       
     areas.                                           3, 1990, Reg.; October 16,                                                                        
                                                      1996, Susp.                                                                                       
    Elizabethton, city of, Carter            475425  March 30, 1970, Reg.; October   ......do...........................      Do.                       
     County.                                          16, 1996, Susp.                                                                                   
    Jonesborough, town of, Washington        470198  January 16, 1974, Emerg.;       ......do...........................      Do.                       
     County.                                          September 30, 1982, Reg.;                                                                         
                                                      October 16, 1996, Susp.                                                                           
    Watauga, city of, Carter County...       470331  October 16, 1996, Reg.;         ......do...........................      Do.                       
                                                      October 16, 1996, Susp.                                                                           
                                                                                                                                                        
               Region V                                                                                                                                 
                                                                                                                                                        
Michigan: Arcadia, township of,              260306  September 24, 1974, Emerg.;     ......do...........................      Do.                       
 Manistee County.                                     September 1, 1986, Reg.;                                                                          
                                                      October 16, 1996, Susp.                                                                           
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.                                               


[[Page 51230]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Issued: September 23, 1996.
Robert H. Volland,
Director, National Earthquake Loss Reduction Program.
[FR Doc. 96-25089 Filed 9-30-96; 8:45 am]
BILLING CODE 6718-05-P