[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Rules and Regulations]
[Pages 44421-44423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21142]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7719]
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suspension date given in this rule, the suspension will be withdrawn by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 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
[[Page 44422]]
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:
----------------------------------------------------------------------------------------------------------------
Date certain Federal
Community Effective date of Current effective assistance no longer
State/location No. eligibility map date availabile in special
flood hazard areas
----------------------------------------------------------------------------------------------------------------
Region I
Connecticut: Vernon, town of, 090131 January 26, 1973, August 9, 1999....... August 9, 1999.
Tolland County. Emerg.; December 4,
1979, Reg.; August
9, 1999, Susp.
Massachusetts: Bourne, town 255210 April 30, 1971, ......do............. Do.
of, Barnstable County. Emerg.; June 29,
1973, Reg.; August
9, 1999, Susp.
Region III
Pennsylvania: Upper Merion, 420957 December 17, 1973, ......do............. Do.
township of, Montgomery Emerg.; November 16,
County. 1977, Reg.; August
9, 1999, Susp.
Region IV
North Carolina: Wilkesboro, 370259 April 15, 1974, ......do............. Do.
town of, Wilkes County. Emerg.; June 1,
1987, Reg.; August
9, 1999, Susp.
Region X
Washington: Brewster, city of, 530275 February 14, 1975, ......do............. Do.
Okanogan County. Emerg.; September 1,
1977, Reg.; August
9, 1999, Susp.
Region I
New Hampshire: Concord, city 330110 July 17, 1974, August 23, 1999...... August 23, 1999.
of, Merrimack County. Emerg.; March 4,
1980, Reg.; August
23, 1999, Susp.
Region II
New Jersey: Absecon, city of, 340001 December 23, 1971, ......do............. Do.
Atlantic County. Emerg.; March 5,
1976, Reg.; August
23, 1999, Susp.
New York: Buffalo, city of, 360230 January 16, 1974, ......do............. Do.
Erie County. Emerg.; November 18,
1981, Reg.; August
23, 1999, Susp.
Region III
Pennsylvania:
Tunkhannock, borough of, 420917 April 18, 1973, ......do............. Do.
Wyoming County. Emerg.; December 18,
1979, Reg.; August
23, 1999 Susp.
Tunkhannock, township of, 422206 June 9, 1975, Emerg.; ......do............. Do.
Wyoming County. July 15, 1988, Reg.;
August 23, 1999,
Susp.
Region IV
South Carolina:
Atlantic Beach, town of, 450222 October 28, 1976, ......do............. Do.
Horry County. Emerg.; May 15,
1978, Reg.; August
23, 1999, Susp.
Aynor, town of, Horry 450105 April 3, 1975, ......do............. Do.
County. Emerg.; January 26,
1983, Reg.; August
23, 1999, Susp.
Briarcliffe Acres, town 450232 November 25, 1977, ......do............. Do.
of, Horry County. Emerg.; June 15,
1979, Reg.; August
23, 1999, Susp.
[[Page 44423]]
Conway, city of, Horry 450106 November 7, 1974, ......do............. Do.
County. Emerg.; September
28, 1979, Reg.;
August 23, 1999,
Susp.
Horry County, 450104 December 8, 1980, ......do............. Do.
unincorporated areas. Emerg.; February 15,
1984, Reg; August
23, 1999, Susp.
Loris, city of, Horry 450108 August 6, 1975, ......do............. Do.
County. Emerg.; September 1,
1986, Reg.; August
23, 1999, Susp.
Myrtle Beach, city of, 450109 October 15, 1971, ......do............. Do.
Horry County. Emerg.; July 5,
1977, Reg.; August
23, 1999, Susp.
North Myrtle Beach, city 450110 August 23, 1974, ......do............. Do.
of, Horry County. Emerg.; October 14,
1977, Reg.; August
23, 1999, Susp.
Surfside Beach, town of, 450111 September 10, 1971, ......do............. Do.
Horry County. Emerg.; December 17,
1976, Reg.; August
23, 1999, Susp.
Sumter County, 450182 September 17, 1979, ......do............. Do.
unincorporated areas. Emerg.; January 5,
1989, Reg.; August
23, 1999, Susp.
Region VI
Arkansas:
Crawford County, 050428 June 29, 1990, ......do............. Do.
unincorporated areas. Emerg.; August 5,
1991, Reg.; August
23, 1999, Susp.
Crittenden County, 050429 May 18, 1983, Emerg.; ......do............. Do.
unincorporated areas. November 1, 1985,
Reg.; August 23,
1999, Susp.
Earle, city of, Crittenden 050054 June 20, 1974, ......do............. Do.
County. Emerg.; January 3,
1986, Reg.; August
23, 1999, Susp.
Van Buren, city of, 050053 January 16, 1974, ......do............. Do.
Crawford County. Emerg.; November 16,
1977, Reg.; August
23, 1999, Susp.
Region VI
New Mexico:
Clovis, city of, Curry 350010 May 1, 1974, Emerg.; .....do.............. Do.
County. February 4, 1981,
Reg.; August 23,
1999, Susp.
Region VIII
Colorado:
Calhan, town of, El Paso 080192 March 12, 1976, ......do............. Do.
County. Emerg.; March 18,
1986, Reg.; August
23, 1999, Susp.
El Paso County, 080059 March 9, 1973, ......do............. Do.
unincorporated areas. Emerg.; December 18,
1986, Reg.; August
23, 1999, Susp.
Region IX
California: East Palo 060708 March 19, 1984, ......do............. Do.
Alto, city of, San Mateo Emerg.; September
County. 19, 1984, Reg.;
August 23, 1999,
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: August 6, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-21142 Filed 8-13-99; 8:45 am]
BILLING CODE 6718-05-P
