97-19366. Suspension of Community Eligibility  

  • [Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
    [Rules and Regulations]
    [Pages 39448-39450]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-19366]
    
    
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    FEDERAL EMERGENCY MANAGEMENT AGENCY
    
    44 CFR Part 64
    
    [Docket No. FEMA-7668]
    
    
    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
    
    [[Page 39449]]
    
    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    this rule, the suspension will be withdrawn by publication in the 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 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 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 
                                       Community   Effective date of   Current effective map   assistance no longer 
             State/location               no.         eligibility              date            available in special 
                                                                                                flood hazard areas  
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               Region VI                                                                                            
    Arkansas:                                                                                                       
        Charleston, city of,               050080  May 19, 1975,      July 17, 1997.........  July 17, 1997.        
         Franklin County.                           Emerg.; November                                                
                                                    15, 1985, Reg.;                                                 
                                                    July 17, 1997,                                                  
                                                    Susp.                                                           
    
    [[Page 39450]]
    
                                                                                                                    
        Franklin County,                   050432  July 15, 1987,     ......do..............      Do.               
         unincorporated areas.                      Emerg.; July 17,                                                
                                                    1997, Reg.; July                                                
                                                    17, 1997, Susp.                                                 
        Ozark, city of, Franklin           050358  February 5, 1975,  ......do..............      Do.               
         County..                                   Emerg.; March                                                   
                                                    15, 1982, Reg.;                                                 
                                                    July 17, 1997,                                                  
                                                    Susp..                                                          
    New Mexico: Silver City, town          350022  July 22, 1975,     ......do..............      Do.               
     of, Grant County.                              Emerg.; May 17,                                                 
                                                    1988, Reg.; July                                                
                                                    17, 1997, Susp.                                                 
               Region IX                                                                                            
    California:                                                                                                     
        Amador County,                     060015  October 29, 1980,  ......do..............      Do.               
         unincorporated areas.                      Emerg.;                                                         
                                                    September 24,                                                   
                                                    1984, Reg.; July                                                
                                                    17, 1997, Susp.                                                 
        Jackson, city of, Amador           060448  March 2, 1979,     ......do..............      Do.               
         County.                                    Emerg.; August                                                  
                                                    19, 1985, Reg.;                                                 
                                                    July 17, 1997,                                                  
                                                    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: July 9, 1997.
    Michael J. Armstrong,
    Associate Director for Mitigation.
    [FR Doc. 97-19366 Filed 7-22-97; 8:45 am]
    BILLING CODE 6718-05-P
    
    
    

Document Information

Published:
07/23/1997
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-19366
Dates:
The effective date of each community's suspension is the third date (``Susp.'') listed in the third column of the following tables.
Pages:
39448-39450 (3 pages)
Docket Numbers:
Docket No. FEMA-7668
PDF File:
97-19366.pdf
CFR: (1)
44 CFR 64.6