[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Rules and Regulations]
[Pages 71317-71320]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-33009]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7725]
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 71318]]
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this rule, the suspension will be withdrawn by publication in the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 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 assistance no
State/location Community Effective date of Current effective map date longer available in special flood
No. eligibility hazard areas
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Region II
New York: Sloatsburg, village of, 360690 July 7, 1975, Emerg.; December 1, 1999....................... December 1, 1999.
Rockland County. January 6, 1982,
Reg.; December 1,
1999, Susp.
[[Page 71319]]
Region I
Rhode Island: North Providence, 440020 October 6, 1972, December 6, 1999....................... December 6, 1999.
town of, Providence County. Emerg.; December 15,
1977, Reg.; December
6, 1999, Susp.
Region III
Philadelphia: Smithfield, township 421896 November 8, 1974, ......do............................... Do.
of, Monroe County. Emerg.; March 4,
1988, Reg.; December
6, 1999, Susp.
Region V
Michigan:
Nashville, village of, Barry 260902 July 29, 1992, ......do............................... Do.
County. Emerg.; December 6,
1999, Reg.; December
6, 1999, Susp.
Northville, city of, Wayne & 260235 March 29, 1976, ......do............................... Do.
Oakland Counties. Emerg.; September
16, 1981, Reg.;
December 6, 1999,
Susp.
Ohio:
Bay Village, city of, Cuyahoga 390093 June 14, 1974, ......do............................... Do.
County. Emerg.; December 1,
1977, Reg.; December
6, 1999, Susp.
Wisconsin:
Ozaukee County, unincorporated 550310 May 14, 1971, Emerg.; ......do............................... Do.
areas. May 16, 1977, Reg.;
December 6, 1999,
Susp.
Saukville, village of, Ozaukee 550317 April 18, 1984, ......do............................... Do.
County. Emerg.; December 16,
1980, Reg.; December
6, 1999, Susp.
Region VI
Oklahoma: Lincoln County, 400457 September 28, 1990, ......do............................... Do.
unincorporated areas. Emerg.; February 3,
1993, Reg.; December
6, 1999, Susp..
Texas:
Midland, city of, Midland 480477 May 16, 1975, Emerg.; ......do............................... Do.
County. September 27, 1991,
Reg.; December 6,
1999, Susp.
Midland County, unincorporated 481239 March 8, 1978, ......do............................... Do.
areas. Emerg.; September
27, 19991, Reg.;
December 6, 1999,
Susp.
Odessa, city of, Midland 480206 March 27, 1980, ......do............................... Do.
County. Emerg.; March 4,
1991, Reg.; December
6, 1999, Susp.
Region VII
Iowa: Ankeny, city of, Polk County 190226 June 13, 1975, ......do............................... Do.
Emerg.; May 16,
1983, Reg.; December
6, 1999, Susp.
Missouri:
Foristell, city of, St. 290902 February 24, 1993, ......do............................... Do.
Charles County. Reg.; December 6,
1999, Susp.
Lee's Summit, city of, Jackson 290174 February 4, 1972, ......do............................... Do.
& Cass Counties. Emerg.; April 3,
1978, Reg.; December
6, 1999, Susp.
Nebraska:
Albion, city of, Boone County. 310009 May 9, 1975, Emerg.; ......do............................... Do.
April 2, 1986, Reg.;
December 6, 1999,
Susp.
Boone County, unincorporated 310008 July 28, 1982, ......do............................... Do.
areas. Emerg.; September
18, 1987, Reg.;
December 6, 1999,
Susp.
Petersburg, village of, Boone 310308 August 13, 1976, ......do............................... Do.
County. Emerg.; September
24, 1984, Reg.;
December 6, 1999,
Susp.
St. Edward, village of, Boone 310010 November 2, 1974, ......do............................... Do.
County. Emerg.; February 1,
1990, Reg.; December
6, 1999, Susp.
Region VIII
Utah: Santa Clara, town of, 490178 August 7, 1975, ......do............................... Do.
Washington County. Emerg.; August 5,
1986, Reg.; December
6, 1999, Susp.
[[Page 71320]]
Region X
Alaska: Kenai Peninsula, borough 020012 June 19, 1970, ......do............................... Do.
of. Emerg.; November 20,
1986, Reg.; December
6, 1999, Susp.
Washington: Kittitas County, 530095 February 5, 1974, ......do............................... Do.
unincorporated areas.. Emerg.; May 5, 1981,
Reg.; December 6,
1999, Susp.
Region I
Vermont:
Bellows Falls, village of, 500125 June 23, 1975, December 20, 1999...................... December 20, 1999.
Windham County. Emerg.; July 16,
1979, Reg.; December
20, 1999, Susp.
Rockingham, town of, Windham 500135 January 24, 1975, ......do............................... Do.
County. Emerg.; May 15,
1980, Reg.; December
20, 1999, Susp.
Springfield, town of, Windsor 500154 June 17, 1975, ......do............................... Do.
County. Emerg.; December 4,
1979, Reg.; December
20, 1999, Susp.
Thetford, town of, Orange 500075 October 20, 1975, ......do............................... Do.
County. Emerg; June 3, 1991,
Reg.; December 20,
1999, Susp.
Region IV
South Carolina:
Hollywood, town of, Charleston 450037 February 18, 1986, ......do............................... Do.
County. Emerg.; June 17,
1986, Reg.; December
20, 1999, Susp.
Ravenel, town of, Charleston 450043 September 25, 1975, ......do............................... Do.
County. Emerg.; April 1,
1981, Reg.; December
20, 1999, Susp.
Tennessee:
Lincoln County, unincorporated 470104 June 3, 1991, Emerg.; ......do............................... Do.
areas. October 1, 1992,
Reg.; December 20,
1999 Susp.
Petersburg, town of, Lincoln 470106 March 24, 1975, ......do............................... Do.
County. Emerg.; September
29, 1986, Reg.;
December 20, 1999,
Susp.
Region V
Minnesota: Sauk Rapids, city of, 270023 June 18, 1973, ......do............................... Do.
Benton County. Emerg.; October 14,
1977, Reg.; December
20, 1999, Susp.
Wisconsin: Grant County, 555557 March 26, 1971, ......do............................... Do.
unincorporated areas. Emerg.; May 25,
1973, Reg.; December
20, 1999, 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: December 7, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-33009 Filed 12-20-99; 8:45 am]
BILLING CODE 6718-05-P