[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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: ---------------------------------------------------------------------------------------------------------------- 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: 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. ---------------------------------------------------------------------------------------------------------------- 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