[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suspension date given in this rule, the suspension will be withdrawn by 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   
----------------------------------------------------------------------------------------------------------------
          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