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suspension date given in this rule, the suspension will be withdrawn by 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