[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54386-54388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27709]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7674]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 54387]]

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 V                                                                                            
Michigan:                                                                                                       
    Bridgeport, charter                260186  February 18,       October 16, 1997......  October 16, 1997      
     township of, Saginaw                       1975, Emerg;                                                    
     County.                                    March 15, 1984,                                                 
                                                Reg.; October                                                   
                                                16, 1997, Susp.                                                 
    Buena Vista, charter               260499  July 30, 1976,     ......do..............      Do.               
     township of, Saginaw                       Emerg; July 5,                                                  
     County.                                    1984, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Carrollton, township of,           260187  July 23, 1974,     ......do..............      Do.               
     Saginaw County.                            Emerg.; June 15,                                                
                                                1983, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Chesaning, village of,             260591  September 20,      ......do..............      Do.               
     Saginaw County.                            1982, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Frankenmuth, city of,              260188  September 5,       ......do..............      Do.               
     Saginaw County.                            1975, Emerg.;                                                   
                                                September 2,                                                    
                                                1982, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    James, township of, Saginaw        260802  April 13, 1987,    ......do..............      Do.               
     County.                                    Emerg.;                                                         
                                                September 9,                                                    
                                                1991, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Kochville, township of,            260501  October 26, 1977,  ......do..............      Do.               
     Saginaw County.                            Emerg.; January                                                 
                                                19, 1983, Reg.;                                                 
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Maple Grove, township of,          260891  June 6, 1997,      ......do..............      Do.               
     Saginaw County.                            Emerg.; October                                                 
                                                16, 1997, Reg.;                                                 
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Saginaw, city of, Saginaw          260189  February 26,       ......do..............      Do.               
     County.                                    1975, Emerg.;                                                   
                                                November 16,                                                    
                                                1983, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Saginaw, township of,              260190  July 13, 1973,     ......do..............      Do.               
     Saginaw County.                            Emerg.; July 2,                                                 
                                                1979, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Spaulding, township of,            260303  August 6, 1974,    ......do..............      Do.               
     Saginaw County.                            Emerg.; June 15,                                                
                                                1979, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    St. Charles, village of,           260593  April 16, 1979,    ......do..............      Do.               
     Saginaw County.                            Emerg.; October                                                 
                                                18, 1983, Reg.;                                                 
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Swan Creek, township of,           260888  May 12, 1995,      ......do..............      Do.               
     Saginaw County.                            Emerg.; October                                                 
                                                16, 1997, Reg.;                                                 
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Taymouth, township of,             260503  June 2, 1977,      ......do..............      Do.               
     Saginaw County.                            Emerg.; December                                                
                                                16, 1988, Reg.;                                                 
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Thomas, township of,               260603  February 13,       ......do..............      Do.               
     Saginaw County.                            1975, Emerg.;                                                   
                                                January 19,                                                     
                                                1983, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Tittabawassee, township of,        260504  February 16,       ......do..............      Do.               
     Saginaw County.                            1981, Emerg.;                                                   
                                                February 1,                                                     
                                                1987, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Zilwaukee, city of, Saginaw        260285  January 21, 1974,  ......do..............      Do.               
     County.                                    Emerg.; July 2,                                                 
                                                1979, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
    Zilwaukee, township of,            260286  January 21, 1974,  ......do..............      Do.               
     Saginaw County.                            Emerg.; July 2,                                                 
                                                1979, Reg.;                                                     
                                                October 16,                                                     
                                                1997, Susp.                                                     
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Code for reading third column: Emerg.-Emergency; Reg.-Regular; Rein.-Reinstatement; Susp.-Suspension.           


[[Page 54388]]

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

    Issued: October 9, 1997.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 97-27709 Filed 10-17-97; 8:45 am]
BILLING CODE 6718-05-P