[Federal Register Volume 64, Number 221 (Wednesday, November 17, 1999)]
[Rules and Regulations]
[Pages 62594-62596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30018]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7725]
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suspension date given in this rule, the suspension will be withdrawn by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 Support 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
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
[[Page 62595]]
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
Effective date of Current effective map assistance no longer
State/location Community No. eligibility date available in special
flood hazard areas
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Region II
New York: Brighton, town of, 360410 January 26, 1973 Nov. 8, 1999.......... November 8, 1999
Monroe County. Emerg., June 18,
1980 Reg.,
November 8, 1999
Susp.
Region III
Virginia: Rocky Mount, town 510291 June 18, 1975 ......do.............. do.
of, Franklin County. Emerg., May 1,
1980 Reg.,
November 8, 1999
Susp.
Region V
Michigan: Farmington Hills, 260172 March 30, 1973 ......do.............. do.
city of, Oakland County. Emerg., February
1, 1980 Reg.,
November 8, 1999
Susp.
Region VII
Nebraska:
Boelus, village of, Howard 310117 August 25, 1975 ......do.............. do.
County. Emerg., February
1, 1980 Reg.,
November 8, 1999
Susp.
Howard County, 310446 June 21, 1993 ......do.............. do.
unincorporated areas. Emerg.,
September 30,
1997 Reg.,
November 8, 1999
Susp.
Region IX
Nevada: Douglas County, 320008 February 12, 1974 ......do.............. do.
unincorporated areas. Emerg., March
28, 1980 Reg.,
November 8, 1999
Susp.
Region X
Washington:
Arlington, city of, 530271 February 17, 1976 ......do.............. do.
Snohomish County. Emerg., November
16, 1983 Reg.,
November 8, 1999
Susp.
Bothell, city of, King and 530075 June 20, 1975 ......do.............. do.
Snohomish County. Emerg., June 1,
1982 Reg.,
November 8, 1999
Susp.
Brier, city of, Snohomish 530276 February 23, 1976 ......do.............. do.
County. Emerg.,
September 24,
1984 Reg.,
November 8, 1999
Susp.
Darrington, town of, 530233 September 1, 1976 ......do.............. do.
Snohomish County. Emerg., August
19, 1985 Reg.,
November 8, 1999
Susp.
Edmonds, city of, 530163 April 30, 1974 ......do.............. do.
Snohomish County. Emerg., August
8, 1978 Reg.,
November 8, 1999
Susp.
Everett, city of, 530164 December 17, 1973 ......do.............. do.
Snohomish County. Emerg., April 3,
1978 Reg.,
November 8, 1999
Susp.
Gold Bar, town of, 530285 December 17, 1976 ......do.............. do.
Snohomish County. Emerg., December
1, 1983 Reg.,
November 8, 1999
Susp.
Index, town of, Snohomish 530166 August 27, 1975 ......do.............. do.
County. Emerg., December
1, 1983 Reg.,
November 8, 1999
Susp.
King County, 530071 October 13, 1972 ......do.............. do.
unincorporated areas. Emerg.,
September 29,
1978 Reg.,
November 8, 1999
Susp.
Lake Stevens, city of, 530291 December 29, 1976 ......do.............. do.
Snohomish County. Emerg., April
17, 1989 Reg.,
November 8, 1999
Susp.
Lynwood, city of, 530167 May 9, 1975 ......do.............. do.
Snohomish County. Emerg., June 5,
1985 Reg.,
November 8, 1999
Susp.
Marysville, city of, 530168 October 16, 1974 ......do.............. do.
Snohomish County. Emerg., February
15, 1984 Reg.,
November 8, 1999
Susp.
Mill Creek, city of, 530330 July 9, 1997 ......do.............. do.
Snohomish County. Reg., November
8, 1999 Susp.
Monroe, city of, Snohomish 530169 August 14, 1974 ......do.............. do.
County. Emerg., December
1, 1983 Reg.,
November 8, 1999
Susp.
Mountlake Terrace, city 530170 March 18, 1975 ......do.............. do.
of, Snohomish County. Emerg., August
19, 1985 Reg.,
November 8, 1999
Susp.
Mukilteo, city of, 530235 February 3, 1977 ......do.............. do.
Snohomish County. Emerg., February
19, 1986 Reg.,
November 8, 1999
Susp.
Snohomish, city of, 530171 September 3, 1974 ......do.............. do.
Snohomish County. Emerg., November
16, 1983 Reg.,
November 8, 1999
Susp.
Snohomish County, 535534 November 27, 1970 ......do.............. do.
unincorporated areas. Emerg., March
15, 1984 Reg.,
November 8, 1999
Susp.
Spokane County, 530174 May 30, 1975 ......do.............. do.
unincorporated areas. Emerg., May 17,
1988 Reg.,
November 8, 1999
Susp.
Stanwood, city of, 530172 March 6, 1975 ......do.............. do.
Snohomish County. Emerg., November
16, 1983 Reg.,
November 8, 1999
Susp.
[[Page 62596]]
Sultan, city of, Snohomish 530173 May 16, 1975 ......do.............. do.
County. Emerg.,
September 30,
1983 Reg.,
November 8, 1999
Susp.
Region II
New Jersey: Lavallette, 340379 September 11, ......do.............. do.
borough of, Ocean County. 1970 Emerg.,
June 11, 1971
Reg., November
22, 1999 Susp.
New York: Oswego, city of, 360656 April 30, 1973 ......do.............. do.
Oswego County. Emerg., May 16,
1977 Reg.,
November 22,
1999 Susp.
Region VI
Louisiana:
Ball, town of, Rapides 220373 July 19, 1978 ......do.............. do.
Parish. Emerg., July 18,
1985 Reg.,
November 22,
1999 Susp.
Farmersville, town of, 220325 May 19, 1978 ......do.............. do.
Union Parish. Emerg., March
23, 1982 Reg.,
November 22,
1999 Susp.
Lincoln Parish, 220366 August 9, 1990 ......do.............. do.
unincorporated areas. Emerg., March 1,
1991 Reg.,
November 22,
1999 Susp.
Region X
Newcastle, city of, 400103 July 18, 1975 ......do.............. do.
McClain County. Emerg., December
15, 1983 Reg.,
November 22,
1999 Susp.
Oregon: Milwaukie, city of, 410019 May 19, 1972 ......do.............. do.
Clackamas County. Emerg., June 18,
1980 Reg.,
November 22,
1999 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: November 4, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-30018 Filed 11-16-99; 8:45 am]
BILLING CODE 6718-05-P