[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Rules and Regulations]
[Pages 49288-49291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24703]


=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7696]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 49289]]

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 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 assistance no
            State/location               Community       Effective date of           Current effective map date       longer available in special flood 
                                            No.             eligibility                                                          hazard areas           
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Region II                                                                                                                                
                                                                                                                                                        
New York:                                                                                                                                               
    Camden, town of, Oneida County....       360523  December 26, 1974, May 1,  September 7, 1998..................  September 7, 1998.                 
                                                      1985, September 7, 1998,                                                                          
                                                      Emerg; Reg; Susp.                                                                                 
    Endicott, village of, Broome             360045  July 5, 1973, May 15,      ......do...........................      Do.                            
     County.                                          1978, September 7, 1998.                                                                          
                                                      Emerg; Reg; Susp.                                                                                 
    Trenton, town of, Oneida County...       360556  April 21, 1975, May 1,     ......do...........................      Do.                            
                                                      1985, September 7, 1998,                                                                          
                                                      Emerg; Reg; Susp.                                                                                 
               Region V                                                                                                                                 
                                                                                                                                                        
Michigan: Logan, township of, Mason          260811  February 29, 1988,         ......do...........................      Do.                            
 County.                                              September 7, 1998,                                                                                
                                                      September 7, 1998,                                                                                
                                                      Emerg; Reg; Susp.                                                                                 
              Region VIII                                                                                                                               
                                                                                                                                                        
Montana:                                                                                                                                                
    Hamilton, city of, Ravalli County.       300186  November 10, 1989,         ......do...........................      Do.                            
                                                      September 7, 1998, Reg;                                                                           
                                                      Susp.                                                                                             
    Ravalli County, unincorporated           300061  April 11, 1978, July 19,   ......do...........................      Do.                            
     areas.                                           1982, September 7, 1998,                                                                          
                                                      Emerg; Reg; Susp.                                                                                 

[[Page 49290]]

                                                                                                                                                        
Utah: Sevier County, unincorporated          490121  November 14, 1975, July    ......do...........................      Do.                            
 areas.                                               1, 1986, September 7,                                                                             
                                                      1998, Emerg; Reg; Susp.                                                                           
                                                                                                                                                        
               Region II                                                                                                                                
                                                                                                                                                        
New York: Rome, city of, Oneida County       360542  October 15, 1974, January  September 21, 1998.................  September 21, 1998.                
                                                      3, 1985, September 21,                                                                            
                                                      1998, Emerg; Reg; Susp.                                                                           
                                                                                                                                                        
                                                                                                                                                        
              Region III                                                                                                                                
                                                                                                                                                        
Pennsylvania: Carroll, township of,          421949  February 18, 1976,         ......do...........................      Do.                            
 Perry County.                                        September 4, 1987,                                                                                
                                                      September 21, 1998,                                                                               
                                                      Emerg; Reg; Susp.                                                                                 
               Region IV                                                                                                                                
                                                                                                                                                        
Georgia: Charlton County,                    130292  October 14, 1991,          ......do...........................      Do.                            
 unincorporated areas.                                September 21, 1998,                                                                               
                                                      September 21, 1998,                                                                               
                                                      Emerg; Reg; Susp.                                                                                 
Kentucky: Pike County, unincorporated        210298  July 20, 1977, December    ......do...........................      Do.                            
 areas.                                               4, 1979, September 21,                                                                            
                                                      1998, Emerg; Reg; Susp.                                                                           
               Region V                                                                                                                                 
                                                                                                                                                        
Wisconsin:                                                                                                                                              
    Avoca, village of, Iowa County....       550173  June 26, 1974, September   ......do...........................      Do.                            
                                                      19, 1984, September 21,                                                                           
                                                      1998, Emerg; Reg; Susp.                                                                           
    Iowa County, unincorporated areas.       550522  January 30, 1974, January  ......do...........................      Do.                            
                                                      17, 1979, September 21,                                                                           
                                                      1998, Emerg; Reg; Susp.                                                                           
    Manitowoc County, unincorporated         550236  July 18, 1973, September   ......do...........................      Do.                            
     areas.                                           15, 1978, September 21,                                                                           
                                                      1998, Emerg; Reg; Susp.                                                                           
               Region VI                                                                                                                                
                                                                                                                                                        
Arkansas: Lakeview, town of, Phillips        050169  July 23, 1976, February    ......do...........................      Do.                            
 County.                                              1, 1987, September 21,                                                                            
                                                      1998, Emerg; Reg; Susp.                                                                           
Texas: Newton County, unincorporated         480499  June 4, 1975, April 1,     ......do...........................      Do.                            
 areas.                                               1987, September 21,                                                                               
                                                      1998, Emerg; Reg; Susp.                                                                           
                                                                                                                                                        
                                                                                                                                                        
              Region VII                                                                                                                                
                                                                                                                                                        
Kansas: Kansas City, city of,                200363  December 10, 1974, August  ......do...........................      Do.                            
 Wyandotte County.                                    3, 1981, September 21,                                                                            
                                                      1998, Emerg; Reg; Susp.                                                                           
Nebraska:                                                                                                                                               
    Columbus, city of, Platte County..       315272  May 21, 1971, June 29,     ......do...........................      Do.                            
                                                      1973, September 21,                                                                               
                                                      1998, Susp Emerg; Reg;.                                                                           
    Platte Center, village of, Platte        310178  March 31, 1975, February   ......do...........................      Do.                            
     County.                                          1, 1990, September 21,                                                                            
                                                      1998, Emerg; Reg; Susp.                                                                           
Platte County, unincorporated areas...       310467  January 8, 1990,           ......do...........................      Do.                            
                                                      September 1, 1990,                                                                                
                                                      September 21, 1998,                                                                               
                                                      Emerg; Reg; Susp.                                                                                 
              Region VIII                                                                                                                               
                                                                                                                                                        
Wyoming:                                                                                                                                                
                                                                                                                                                        
    Cokeville, town of, Lincoln County       560033  November 21, 1975,         ......do...........................      Do.                            
                                                      February 19, 1987,                                                                                
                                                      September 21, 1998,                                                                               
                                                      Emerg; Reg; Susp.                                                                                 
    Lincoln County, unincorporated           560032  June 23, 1978, February    ......do...........................      Do.                            
     areas.                                           15, 1980, September 21,                                                                           
                                                      1998, Emerg; Reg; Susp.                                                                           
               Region X                                                                                                                                 
                                                                                                                                                        
Alaska: Emmonak, city of, unorganized        020125  May 22, 1992, September    ......do...........................      Do.                            
 borough.                                             21, 1998, September 21,                                                                           
                                                      1998, Emerg; Reg; Susp.                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.                                               


[[Page 49291]]

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

    Issued: September 2, 1998.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 98-24703 Filed 9-14-98; 8:45 am]
BILLING CODE 6718-05-P