94-26743. Suspension of Community Eligibility  

  • [Federal Register Volume 59, Number 208 (Friday, October 28, 1994)]
    [Unknown Section]
    [Page ]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-26743]
    
    
    [Federal Register: October 28, 1994]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    FEDERAL EMERGENCY MANAGEMENT AGENCY
    
    44 CFR Part 64
    
    [Docket No. FEMA-7604]
    
    
    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    suspension date given in this rule, the suspension will be withdrawn by 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 DATE: 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. 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.
        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 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 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:
    
    ----------------------------------------------------------------------------------------------------------------
                                                         Effective date of                      Date certain Federal
                                      Community    authorization/cancellation of    Current     assistance no longer
             State/location              No.        sale of flood insurance in     effective    available in special
                                                             community              map date     flood hazard areas 
    ----------------------------------------------------------------------------------------------------------------
               Region IV                                                                                            
                                                                                                                    
    Florida: St. Petersburg, city         125148  June 19, 1970 Emerg.; May 28,       11-2-94  Nov. 2, 1994.        
     of, Pinellas County.                          1971, Reg.; November 2, 1994,                                    
                                                   Susp.                                                            
                                                                                                                    
                Region V                                                                                            
                                                                                                                    
    Minnesota: Preston, city of,          270129  January 10, 1975, Emerg.;           11-2-94  Do.                  
     Fillmore County.                              August 1, 1979, Reg.;                                            
                                                   November 2, 1994, Susp.                                          
                                                                                                                    
               Region VI                                                                                            
                                                                                                                    
    Arkansas: Maumelle, city of,          050577  March 6, 1979, Emerg.;              11-2-94  Do.                  
     Pulaski County.                               February 29, 1988, Reg.;                                         
                                                   November 2, 1994, Susp.                                          
                                                                                                                    
               Region III                                                                                           
                                                                                                                    
    Maryland: Prince George's             245208  August 7, 1970, Emerg.; August     11-16-94  Nov. 16, 1994.       
     County, unincorporated areas.                 4, 1972, Reg.; November 16,                                      
                                                   1994, Susp.                                                      
                                                                                                                    
                Region V                                                                                            
                                                                                                                    
    Ohio:                                                                                                           
        Clermont County,                  390065  April 14, 1976, Emerg.; April      11-16-94  Do.                  
         unincorporated areas.                     15, 1981, Reg.; November 16,                                     
                                                   1994, Susp.                                                      
                                                                                                                    
        Milford, city of, Clermont        390227  April 15, 1975, Emerg.;            11-16-94  Do.                  
         County.                                   January 16, 1981, Reg.;                                          
                                                   November 16, 1994, Susp.                                         
    Minnesota:                                                                                                      
        Stearns County,                   270546  March 23, 1973, Emerg.; March      11-16-94  Do.                  
         unincorporated areas.                     1, 1979, Reg.; November 16,                                      
                                                   1994, Susp.                                                      
        St. Cloud, city of, Stearns       270456  March 31, 1972, Emerg.; April      11-16-94  Do.                  
         County.                                   1, 1977, Reg.; November 16,                                      
                                                   1994, Susp.                                                      
        Waite Park, city of,              270461  June 13, 1975, Emerg.; May 17,     11-16-94  Do.                  
         Stearns County.                           1989, Reg.; November 16,                                         
                                                   1994, 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: October 24, 1994.
    Frank H. Thomas,
    Deputy Associate Director, Mitigation Directorate.
    [FR Doc. 94-26743 Filed 10-27-94; 8:45 am]
    BILLING CODE 6718-21-P
    
    
    

Document Information

Published:
10/28/1994
Department:
Federal Emergency Management Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-26743
Dates:
The effective date of each community's suspension is the third date (``Susp.'') listed in the third column of the following tables.
Pages:
0-0 (None pages)
Docket Numbers:
Federal Register: October 28, 1994, Docket No. FEMA-7604
CFR: (1)
44 CFR 64.6