[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Rules and Regulations]
[Pages 43291-43293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21384]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7670]
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suspension date given in this rule, the suspension will be withdrawn by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
[[Page 43292]]
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 II
New York:
Mount Kisco, village of, 360918 Mar. 8, 1976, Aug. 5, 1997.......... Aug. 5, 1997.
Westchester County. Emerg; Sept. 18,
1986, Reg; Aug.
5, 1997, Susp.
New Castle, town of, 360921 May 30, 1974, ......do.............. Do.
Westchester County. Emerg; Sept. 5,
1979, Reg; Aug.
5, 1997, Susp.
Region III
Pennsylvania:
Bolivar, borough of, 420873 Aug. 13, 1976, ......do.............. Do.
Westmoreland County. Emerg; Aug. 10,
1979, Reg; Aug.
5, 1997, Susp.
Cook, township of, 422186 May 28, 1982, ......do.............. Do.
Westmoreland County. Emerg; Apr. 17,
1985, Reg; Aug.
5, 1997, Susp.
Hunker, borough of, 420880 Nov. 14, 1975, ......do.............. Do.
Westmoreland County. Emerg; Nov. 19,
1986, Reg; Aug.
5, 1997, Susp.
Manor, borough of, 420886 Aug. 29, 1973, ......do.............. Do.
Westmoreland County. Emerg; Sept. 1,
1977, Reg; Aug.
5, 1997, Susp.
Murrysville, municipality 421207 May 23, 1974, ......do.............. Do.
of, Westmoreland County. Emerg; Feb. 17,
1982, Reg; Aug.
5, 1997, Susp.
North Belle Vernon, borough 422182 Mar. 7, 1978, ......do.............. Do.
of, Westmoreland County. Emerg; Sept. 30,
1980, Reg; Aug.
5, 1980, Susp.
South Greensburg, borough 420900 Feb. 10, 1976, ......do.............. Do.
of, Westmoreland County. Emerg; July 3,
1986, Reg; Aug.
5, 1997, Susp.
Unity, township of, 420964 Dec. 26, 1973, ......do.............. Do.
Westmoreland County. Emerg; July 17,
1978, Reg; Aug.
5, 1997, Susp.
Youngstown, borough of, 420907 July 7, 1975, ......do.............. Do.
Westmoreland County. Emerg; Apr. 20,
1979, Reg; Aug.
5, 1997, Susp.
Region I
Maine:
[[Page 43293]]
Cutler, town of, Washington 230310 May 2, 1975, Aug. 19, 1997......... Aug. 19, 1997.
County. Emerg; Aug. 5,
1985, Reg; Aug.
19, 1997, Susp.
Perry, town of, Washington 230319 July 30, 1975, ......do.............. Do.
County. Emerg; Sept. 4,
1985, Reg; Aug.
19, 1997, Susp.
New Hampshire: Tilton, town of, 330009 July 25, 1975, ......do.............. Do.
Belknap County. Emerg; May 1,
1979, Reg; Aug.
19, 1997, Susp.
Region III
Pennsylvania:
Benton, borough of, 421543 June 10, 1975, ......do.............. Do.
Columbia County. Emerg; Oct. 18,
1983, Reg; Aug.
19, 1997, Susp.
West Brunswick, township 422028 Aug. 1, 1979, ......do.............. Do.
of, Schuylkill County. Emerg; July 17,
1989, Reg; Aug.
19, 1997, Susp.
Virginia:
Buchanan County, 510024 Nov. 8, 1974, ......do.............. Do.
unincorporated areas. Emerg; Sept. 16,
1988, Reg; Aug.
19, 1997, Susp.
Grundy, town of, Buchanan 510025 Nov. 8, 1974, ......do.............. Do.
County. Emerg; Aug. 16,
1982, Reg; Aug.
19, 1997, Susp.
Region IV
Georgia: Talbot County, 130396 May 30, 1979, ......do.............. Do.
unincorporated areas. Emerg; Sept. 4,
1986, Reg; Aug.
19, 1997, Susp.
Region V
Illinois: Wood Dale, city of, 170224 Feb. 2, 1973, ......do.............. Do.
DuPage County. Emerg; Sept. 30,
1977, Reg; Aug.
19, 1997, Susp.
Michigan: Meyer, township of, 260458 Sept. 22, 1995, ......do.............. Do.
Menominee County. Emerg; Aug. 19,
1997, Reg; Aug.
19, 1997, Susp.
Region IX
Arizona: Santa Cruz County, 040090 Apr. 23, 1971, ......do.............. Do.
unincorporated areas. Emerg; Aug. 1,
1980, Reg; Aug.
19, 1997, Susp.
California: Hemet, city of, 060253 Nov. 2, 1974, ......do.............. Do.
Riverside County. Emerg; Sept. 29,
1978, Reg; Aug.
19, 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: August 5, 1997.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 97-21384 Filed 8-12-97; 8:45 am]
BILLING CODE 6718-05-P