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suspension date given in this rule, the suspension will be withdrawn by 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