[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19366]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7668]


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

[[Page 39449]]

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this rule, the suspension will be withdrawn by publication in the 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 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 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 
                                   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 VI                                                                                            
Arkansas:                                                                                                       
    Charleston, city of,               050080  May 19, 1975,      July 17, 1997.........  July 17, 1997.        
     Franklin County.                           Emerg.; November                                                
                                                15, 1985, Reg.;                                                 
                                                July 17, 1997,                                                  
                                                Susp.                                                           

[[Page 39450]]

                                                                                                                
    Franklin County,                   050432  July 15, 1987,     ......do..............      Do.               
     unincorporated areas.                      Emerg.; July 17,                                                
                                                1997, Reg.; July                                                
                                                17, 1997, Susp.                                                 
    Ozark, city of, Franklin           050358  February 5, 1975,  ......do..............      Do.               
     County..                                   Emerg.; March                                                   
                                                15, 1982, Reg.;                                                 
                                                July 17, 1997,                                                  
                                                Susp..                                                          
New Mexico: Silver City, town          350022  July 22, 1975,     ......do..............      Do.               
 of, Grant County.                              Emerg.; May 17,                                                 
                                                1988, Reg.; July                                                
                                                17, 1997, Susp.                                                 
           Region IX                                                                                            
California:                                                                                                     
    Amador County,                     060015  October 29, 1980,  ......do..............      Do.               
     unincorporated areas.                      Emerg.;                                                         
                                                September 24,                                                   
                                                1984, Reg.; July                                                
                                                17, 1997, Susp.                                                 
    Jackson, city of, Amador           060448  March 2, 1979,     ......do..............      Do.               
     County.                                    Emerg.; August                                                  
                                                19, 1985, Reg.;                                                 
                                                July 17, 1997,                                                  
                                                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 9, 1997.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 97-19366 Filed 7-22-97; 8:45 am]
BILLING CODE 6718-05-P