[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1394]
[[Page Unknown]]
[Federal Register: January 19, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 59
[Docket No. FEMA-7589]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Final rule.
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SUMMARY: This rule identifies a community, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that will be suspended on the effective date listed
within this rule because of failure to enforce floodplain management
requirements of the program. If the Federal Emergency Management Agency
(FEMA) receives documentation that the community has taken action to
bring their floodplain management program into compliance with NFIP
requirements 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the suspension will be withdrawn by publication in the Federal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, Division Director,
Program Implementation Division, Mitigation Directorate, 500 C Street,
SW., room 417, Washington, DC 20472, (202) 646-2717.
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 community listed in this
document no longer meets that statutory requirement for compliance with
program regulations, 44 CFR part 59 et seq. Accordingly, the community
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, the community may submit the required documentation to bring
its floodplain management program in compliance with the NFIP
regulatory standards, after this rule is published but prior to the
actual suspension date. If the documentation is submitted and approved
by FEMA, the community will not be suspended and will continue its
eligibility for the sale of insurance. A notice withdrawing the
suspension of the community will be published in the Federal Register.
In addition, FEMA has identified the special flood hazard areas in
the community 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 FEMA'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 Deputy 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.
This community received a 90-day, and two 30-day notifications
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 Deputy 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 and enforces adequate floodplain management measures. The
community listed no longer complies with the statutory requirements,
and after the effective date, flood insurance will no longer be
available in the community unless it takes remedial action.
Regulatory Impact Analysis
This rule is not a major rule under Executive Order 12291, Federal
Regulation, February 17, 1981, 3 CFR, 1981 comp., p. 127. No regulatory
impact analysis has been prepared.
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 59
Flood insurance, Floodplains.
Accordingly, 44 CFR part 59 is amended as follows:
PART 59--[AMENDED]
1. The authority citation for part 59 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. 59.24 [Amended]
2. The tables published under the authority of Sec. 59.24 are
amended as follows:
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Date certain Federal
Community Effective date of authorization/ Current effective map assistance no longer
State/location No. cancellation of sale of flood date available in special
insurance in community flood hazard areas
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Region IV--
Georgia
Clayton, city 130157 July 25, 1975, Emerg.; Aug. 13, June 19, 1989.......... Jan. 19, 1994.
of, Rabun 1984, Withd.; Jan. 13, 1988,
County. Reins.; Jan. 13, 1988, Reg.;
Jan. 19, 1994, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension; Withd.--Withdrawn.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: January 13, 1994.
Robert H. Volland,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 94-1394 Filed 1-18-94; 8:45 am]
