[Federal Register Volume 60, Number 106 (Friday, June 2, 1995)]
[Rules and Regulations]
[Pages 28732-28735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13519]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7618]
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suspension date given in this rule, the suspension will be withdrawn by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 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 [[Page 28733]] 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:
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Date certain
federal assistance
Community Effective date of Current effective no longer
State/location No. eligibility map date available in
special flood
hazard areas
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Region II
New York: Southampton, 365343 Sept. 15, 1972, Emerg; March June 2, 1992...... June 2, 1995.
Village of, Suffolk County. 9, 1973, Reg; June 2, 1995,
Susp.
Region III
Pennsylvania:
Port Carbon, borough of, 420783 Sept. 15, 1972, Emerg; Jan. June 2, 1995...... Do.
Schuylkill County. 19, 1978 Reg; June 2, 1995
Susp.
St. Clair, borough of, 420786 Nov. 24, 1972, Emerg; March ......do.......... Do.
Schuylkill County. 15, 1977, Reg; June 2,
1995, Susp.
Region IV
Alabama: Tuscaloosa, city of, 010203 April 5, 1973, Emerg; Feb. ......do.......... Do.
Tuscaloosa County. 1, 1979, Reg; June 2, 1995,
Susp.
Region V
Ohio: Milford Center, 390662 May 14, 1975, Emerg; June ......do.......... Do.
village of, Union County. 22, 1995 Reg; June 2, 1995,
Susp.
Wisconsin: Oshkosh, city 550511 Nov. 12, 1971, Emerg; May ......do.......... Do.
of, Winnebago County. 16, 1977, Reg; June 2,
1995, Susp.
Region VI
Louisiana: Leesville, city 220229 Oct. 17, 1974, Emerg; Jan ......do.......... Do.
of, Vernon Parish. 17, 1986, Reg; June 2,
1995, Susp.
Oklahoma:
Pawnee, city of, Pawnee 400163 Feb. 20, 1975, Emerg; June ......do.......... Do.
County. 19, 1985, Reg; June 2,
1995, Susp.
McClain County, 400538 Sept. 10, 1990, Emerg; Feb. ......do.......... Do.
unincorporated areas. 3, 1993, Reg; June 2, 1995,
Susp.
Region VIII
Colorado:
Nederland, town of, 080255 May 2, 1977, Emerg; Aug. 1, ......do.......... Do.
Boulder County. 1979, Reg; June 2, 1995,
Susp.
La Planta County, 080097 Dec. 12, 1974, Emerg; Dec. ......do.......... Do.
unincorporated areas. 15, 1981, Reg; Dec. 15,
1981, Susp; Dec. 28, 1983,
Rein; June 2, 1995, Susp.
Utah: Joseph, town of, Sevier 490127 Mar. 23, 1976, Emerg; Aug. ......do.......... Do.
County. 28, 1979, Reg; June 2,
1995, Susp.
Region IX
Hawaii: Hawaii County, 155166 June 5, 1970, Emerg; May 3, ......do.......... Do.
unincorporated areas. 1982, Reg; June 2, 1995,
Susp.
Region X
Washington: Cowlitz County, 530032 June 18, 1971, Emerg; Aug. ......do.......... Do.
unincorporated areas. 1, 1980, Reg; June 2, 1995,
Susp.
Region III
Delaware:
[[Page 28734]]
Bethany Beach, town of, 105083 Nov. 12, 1971, Emerg; Apr. 6-16-95........... June 16, 1995.
Sussex County. 6, 1973, Reg; June 16,
1995, Susp.
Bethel, town of, Sussex 100055 Jan. 22, 1976, Emerg; Jan. ......do.......... Do.
County. 16, 1981, Reg; June 16,
1995, Susp.
Blades, town of, Sussex 100031 May 30, 1975, Emerg; Jan. ......do.......... Do.
County. 16, 1981, Reg; June 16,
1995, Susp.
Dagsboro, town of, Sussex 100033 July 9, 1975, Emerg; June 1, ......do.......... Do.
County. 1981, Reg; June 16, 1995,
Susp.
Dewey Beach, town of, 100056 June 18, 1982, Emerg; June ......do.......... Do.
Sussex County. 18, 1982, Reg; June 16,
1995, Susp.
Fenwick Island, town of, 105084 Nov. 19, 1971, Emerg; Mar. ......do.......... Do.
Sussex County. 23, 1973, Reg; June 16,
1995, Susp.
Greenwood, town of, 100039 July 30, 1975, Emerg; Feb. ......do.......... Do.
Sussex County. 24, 1978, Reg; June 16,
1995, Susp.
Laurel, town of, Sussex 100040 April 2, 1975, Emerg; Jan. ......do.......... Do.
County. 16, 1981, Reg; June 16,
1995, Susp.
Lewes, city of, Sussex 100041 Mar. 23, 1973, Emerg; Mar. ......do.......... Do.
County. 15, 1977, Reg; June 16,
1995, Susp.
Milford, town of, Sussex 100042 June 5, 1974, Emerg; June 1, ......do.......... Do.
County. 1977, Reg; June 16, 1995,
Susp.
Millsboro, town of, 100043 May 28, 1974, Emerg; Sept. ......do.......... Do.
Sussex County. 1, 1978, Reg; June 16,
1995, Susp.
Millville, town of, 100044 Oct. 2, 1978, Emerg; Sept. ......do.......... Do.
Sussex County. 25, 1981, Reg; June 16,
1995, Susp.
Milton, town of, Sussex 100045 Sept. 17, 1974, Emerg; Aug. ......do.......... Do.
County. 1, 1978, Reg; June 16,
1995, Susp.
Ocean View, town of, 100046 July 1, 1975, Emerg; Sept. ......do.......... Do.
Sussex County. 3, 1980, Reg; June 16,
1995, Susp.
Rehoboth Beach, town of, 105086 Feb. 11, 1972, Emerg; Mar. ......do.......... Do.
Sussex County. 30, 1973, Reg; June 16,
1995, Susp.
Slaughter Beach, town of, 100050 May 28, 1974, Emerg; July 2, ......do.......... Do.
Sussex County. 1980, Reg; June 16, 1995,
Susp.
South Bethany, town of, 100051 Sept. 15, 1972, Emerg; Oct. ......do.......... Do.
Sussex County. 6, 1976, Reg; June 16,
1995, Susp.
Sussex County, 100029 Apr. 16, 1971, Emerg; Oct. ......do.......... Do.
unincorporated areas. 6, 1976, Reg; June 16,
1995, Susp.
Pennsylvania:
Point Marion, borough of, 421617 July 3, 1974, Emerg; July 4, ......do.......... Do.
Fayette County. 1988, Reg; June 16, 1995,
Susp.
Upper Chichester, 420439 Dec. 17, 1971, Emerg; May ......do.......... Do.
township of, Delaware 16, 1977, Reg; June 16,
County. 1995, Susp.
West Virginia: Mercer County, 540124 Dec. 23, 1975, Emerg; Feb. ......do.......... Do.
unincorporated areas. 1, 1985, Reg; June 16,
1995, Susp.
Region IV
Florida:
Gulf Breeze, city of, 120275 July 10, 1970, Emerg; Sept. ......do.......... Do.
Santa Rosa County. 1, 1977, Reg; June 16,
1995, Susp.
Monroe County, 125129 June 12, 1970, Emerg; June ......do.......... Do.
unincorporated areas. 15, 1973, Reg; June 16,
1995, Susp.
Tennessee: Polk County, 470261 Apr. 9, 1993, Emerg; June ......do.......... Do.
unincorporated areas. 16, 1995, Reg; June 16,
1995, Susp.
Region V
Indiana: Bloomington, city 180169 July 8, 1972, Emerg; June ......do.......... Do.
of, Monroe County. 15, 1978, Reg; June 16,
1995, Susp.
Region VI
Oklahoma:
Midwest City, city of, 400405 Jan. 16, 1975, Emerg; May ......do.......... Do.
Oklahoma County. 19, 1981, Reg; June 16,
1995, Susp.
Newcastle, city of, 400103 July 18, 1975, Emerg; Dec. ......do.......... Do.
McClain County. 15, 1983, Reg; June 16,
1995, Susp.
Region VII
Iowa:
Ames, city of, Storey 190254 July 25, 1974, Emerg; Jan. ......do.......... Do.
County. 2, 1981, Reg; June 16,
1995, Susp.
Mason City, city of, 190060 Mar. 21, 1975, Emerg; Dec. ......do.......... Do.
Cerro Gordo County. 2, 1980, Reg; June 16,
1995, Susp.
[[Page 28735]]
Jackson County, 190879 Aug. 17, 1979, Emerg; May 1, ......do.......... Do.
unincorporated areas. 1990, Reg; June 16, 1995,
Susp.
Kansas: Pittsburg, city of, 200072 Nov. 14, 1974, Emerg; May 1, ......do.......... Do.
Crawford County. 1979, Reg; June 16, 1995,
Susp.
Region X
Washington: Thurston County, 530188 Sept. 13, 1974, Emerg; Dec. ......do.......... Do.
unincorporated areas. 1, 1982, Reg; June 16,
1995, 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: May 24, 1995.
Frank H. Thomas,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 95-13519 Filed 6-1-95; 8:45 am]
BILLING CODE 6718-21-P