[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Pages 11609-11612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6123]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7684]
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
[[Page 11610]]
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withdrawn by publication in the Federal Register.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. 4106OaP,
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
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:
Andover, town of, Allegany 361094 March 12, 1976, March 2, 1998.......... March 2, 1998.
County. Emerg; October
7, 1983, Reg;
March 2, 1998,
Susp.
[[Page 11611]]
Vestal, town of, Broome 360057 April 4, 1974, ......do............... do.
County. Emerg; July 5,
1977, Reg; March
2, 1998, Susp.
Region IV
North Carolina:
Brevard, city of, 370231 January 17, 1974, ......do............... do.
Transylvania County. Emerg; September
29, 1978, Reg;
March 2, 1998,
Susp.
Rosman, town of, 375358 December 30, ......do............... do.
Transylvania County. 1971, Emerg;
June 2, 1972,
Reg; March 2,
1998, Susp.
Transylvania County, 370230 January 21, 1974, ......do............... do.
unincorporated areas. Emerg; January
2, 1980, Reg;
March 2, 1998,
Susp.
Region V
Indiana:
Allen County, 180302 February 14, ......do............... do.
unincorporated areas. 1974, Emerg;
September 28,
1990, Reg; March
2, 1998, Susp.
Peru, city of, Miami 180168 June 13, 1975, ......do............... do.
County. Emerg; January
18, 1984, Reg;
March 2, 1998,
Susp.
Michigan: Buchanan, 260555 January 30, 1990, ......do............... do.
township of, Berrien Emerg; March 2,
County. 1998, Reg; March
2, 1998, Susp.
Region VIII
South Dakota:
Custer, city of, Custer 460019 April 11, 1973, ......do............... do.
County. Emerg; January
2, 1981, Reg;
March 2, 1998,
Susp.
Custer County, 460018 October 28, 1977, ......do............... do.
unincorporated areas. Emerg; September
29, 1986, Reg;
March 2, 1998,
Susp.
Region X
Oregon: Gold Beach, city of, 410054 November 11, ......do............... do.
Curry County. 1974, Emerg;
November 15,
1985, Reg; March
2, 1998, Susp.
Washington:
Selah, city of, Yakima 530226 July 18, 1974, ......do............... do.
County. Emerg; May 3,
1982, Reg; March
2, 1998, Susp.
Union Gap, city of, Yakima 530229 April 30, 1975, ......do............... do.
County. Emerg; May 2,
1983, Reg; March
2, 1998, Susp.
Yakima, city of, Yakima 530311 January 20, 1975, ......do............... do.
County. Emerg; December
15, 1981, Reg;
March 2, 1998,
Susp.
Yakima County, 530217 April 11, 1974, ......do............... do.
unincorporated areas. Emerg; June 5,
1985, Reg; March
2, 1998, Susp.
Region I
Maine: Saco, city of, York 230155 March 30, 1973, March 16, 1998......... March 16, 1998.
County. Emerg; January
5, 1994, Reg;
March 16, 1998
Susp.
Region III
Pennsylvania:
Franklin Park, borough of, 420037 January 10, 1975, ......do............... do.
Allegheny County.. Emerg; January
1, 1982, Reg;
March 16, 1998,
Susp.
Hampton, township of, 420978 September 17, ......do............... do.
Allegheny County. 1973, Emerg; May
1, 1978, Reg;
March 16, 1998,
Susp.
McCandless, township of, 421081 October 4, 1974, ......do............... do.
Allegheny County. Emerg; June 18,
1980, Reg; March
16, 1998, Susp.
O'Hara, township of, 421088 December 3, 1974, ......do............... do.
Allegheny County. Emerg; July 2,
1980, Reg; March
16, 1998, Susp.
Shaler, township of, 421101 April 22, 1974, ......do............... do.
Allegheny County. Emerg; March 18,
1980, Reg; March
16, 1998, Susp.
Sharpsburg, borough of, 420073 September 4, ......do............... do.
Allegheny County. 1973, Emerg;
September 29,
1978, Reg; March
16, 1998, Susp.
Region IV
North Carolina: Wayne County, 370254 September 16, ......do............... do.
unincorporated areas. 1991, Reg; March
16, 1998, Susp.
Region VI
Arkansas:
Sebastian County, 050462 January 27, 1983, ......do............... do.
unincorporated areas. Emerg; April 1,
1988, Reg; March
16, 1998, Susp.
Stuttgart, city of, 050002 April 11, 1975, ......do............... do.
Arkansas County. Emerg; June 1,
1988, Reg; March
16, 1998, Susp.
[[Page 11612]]
Region VIII
Wyoming: Sheridan County, 560047 September 25, March 30, 1998......... March 30, 1998.
unincorporated areas. 1979, Emerg;
August 1, 1986,
Reg; March 30,
1998, Susp.
Region IX
California:
Palmdale, city of, Los 060144 October 3, 1975, ......do............... do.
Angeles County. Emerg; January
6, 1982, Reg;
March 30, 1998
Susp.
Los Angeles County, 065043 July 10, 1970, ......do............... do.
unincorporated areas. Emerg; December
2, 1980, Reg;
March 30, 1998,
Susp.
Region X
Washington:
Issaquah, city of, King 530079 May 20, 1974, ......do............... do.
County. Emerg; May 1,
1980, Reg; March
30, 1998, Susp.
King County, 530071 October 13, 1972, ......do............... do.
unincorporated areas. Emerg; September
29, 1978, Reg;
March 30, 1998.
Redmond, city of, King 530087 October 15, 1974, ......do............... do.
County. Emerg; February
1, 1979, Reg;
March 30, 1998,
Susp.
Skykomish, town of, King 530236 December 20, ......do............... do.
County. 1976, Emerg;
July 2, 1981,
Reg; March 30,
1998, 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: February 27, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-6123 Filed 3-9-98; 8:45 am]
BILLING CODE 6718-05-P