Federal Register, Volume 60 Issue 125 (Thursday, June 29, 1995)

[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33754-33757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15976]

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7620]

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suspension date given in this rule, the suspension will be withdrawn by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

[[Page 33755]]
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 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 Current no longer
State and location No. Effective dates of eligibility effective map available in
date special flood
hazard areas
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Region II

New York: Evans, town of, Erie 360240 April 21, 1972, Emerg;......... July 3, 1995 July 3, 1995.
County. September 30, 1977, Reg;.......
July 3, 1995, Susp.............

Region III
Pennsylvania: Orbisonia, 421682 October 15, 1975, Emerg;....... ......do Do.
borough of, Huntingdon County. December 31, 1982, Reg;........
July 3, 1995, Susp.............
Virginia: Hampton, independent 515527 March 27, 1970, Emerg;......... ......do Do.
city. January 15, 1971, Reg;.........
July 3, 1995, Susp.............

[[Page 33756]]

Region V
Ohio: Malvern, village of, 390052 May 14, 1975, Emerg;........... ......do Do.
Carroll County. July 3, 1995, Reg;.............
July 3, 1995, Susp.............

Region X
Oregon: Fairview, city of, 410180 March 31, 1975, Emerg;......... ......do Do.
Multnomah County. September 30, 1987, Reg;.......
July 3, 1995, Susp.............

Region II
New York:
Oswego, town of Oswego 360657 December 16, 1976, Emerg;...... July 17, 1995 July 17, 1995.
County. September 30, 1981, Reg;.......
July 17, 1995, Susp;...........
Richland, town of, Oswego 360660 March 21, 1974, Emerg;......... ......do Do.
County. February 15, 1978, Reg;........
July 17, 1995, Susp............
Sandy Creek, town of, 360661 August 18, 1975, Emerg;........ ......do Do.
Oswego County. October 15, 1981, Reg;.........
July 17, 1995, Susp............

Region IV
Georgia: Glynn County, 130092 January 16, 1974, Emerg;....... ......do Do.
unincorporated areas. April 15, 1995, Reg;...........
July 17, 1995, Susp............
South Carolina:
Cayce, city of, Lexington 450131 February 5, 1974, Emerg;....... ......do Do.
County. May 1, 1980, Reg;..............
July 17, 1995, Susp............
Lexington County, 450129 September 6, 1974, Emerg;...... ......do Do.
unincorporated areas. June 15, 1981, Reg;............
July 17, 1995, Susp............
West Columbia, city of, 450140 December 6, 1973, Emerg;....... ......do Do.
Lexington County. February 15, 1979, Reg;........
July 17, 1995, Susp............

Region V
Minnesota: Andover, city of, 270689 June 23, 1976, Emerg;.......... ......do Do.
Anoka County. September 30, 1980, Reg;.......
July 17, 1995, Susp............
Ohio: Miami County, 390398 April 1, 1976, Emerg;.......... ......do Do.
unincorporated areas. January 19, 1983, Reg;.........
July 17, 1995, Susp............

Region VI
Texas:
Comal County, 485463 March 5, 1971, Emerg;.......... ......do Do.
unincorporated areas. November 9, 1973, Reg;.........
July 17, 1995, Susp............
Schertz, city of, Bexar 480269 November 2, 1973; Emerg;....... ......do Do.
County. September 15, 1977, Reg;.......
July 17, 1995, Susp............
Sherman, city of, Grayson 485509 May 22, 1970, Emerg;........... ......do Do.
County. June 4, 1971, Reg;.............
July 17, 1995, Susp............

Region VII
Missouri: Hayti Heights, city 290277 March 20, 1975, Emerg;......... ......do Do.
of, Pemiscot County. June 15, 1981, Reg;............
July 17, 1995, Susp............
Nebraska: Blair, city of, 310228 September 17, 1974, Emerg;..... ......do Do.
Washington County. July 16, 1981, Reg;............
July 17, 1995, Susp............

Region X
Idaho: Coeur d'Alene, city of, 160078 June 25, 1975, Emerg;.......... ......do Do.
Kootenai County. September 2, 1982, Reg;........
July 17, 1995, Susp............
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.

[[Page 33757]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')

Issued: June 23, 1995.
Frank H. Thomas,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 95-15976 Filed 6-28-95; 8:45 am]
BILLING CODE 6718-21-P