[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Rules and Regulations]
[Pages 9372-9374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5267]
[[Page 9372]]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7660]
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suspension date given in this rule, the suspension will be withdrawn by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 Executive 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 Executive 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:
[[Page 9373]]
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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 I
Connecticut: Granby, town of, 090125 September 27, 1973, March 3, 1997......... March 3, 1997.
Hartford County. Emerg.; February 15,
1980, Reg.; March 3,
1997, Susp.
Region II
New Jersey: South River, 340280 June 18, 1974, ......do.............. Do.
borough of, Middlesex County. Emerg.; June 4,
1980, Reg.; March 3,
1997, Susp.
New York:
Canandaigua, town of, 360598 June 15, 1973, ......do.............. Do.
Ontario County. Emerg.; April 17,
1978, Reg.; March 3,
1997, Susp.
Gouverneur, village of, 360699 July 22, 1975, ......do.............. Do.
St. Lawrence County. Emerg.; November 2,
1984, Reg.; March 3,
1997, Susp.
Windham, town of, Greene 361401 December 5, 1980, ......do.............. Do.
County. Emerg.; June 1,
1988, Reg.; March 3,
1997, Susp.
Region V
Illinois: Aurora, city of, 170320 April 9, 1973, ......do.............. Do.
DuPage and Kane Counties. Emerg.; June 15,
1979, Reg.; March 3,
1997, Susp.
Region IV
Georgia:
Gray, city of, Jones 130237 May 29, 1975, Emerg.; March 17, 1975........ March 17, 1997
County. May 21, 1982, Reg.;
March 17, 1997, Susp.
Hawkinsville, city of, 130155 July 15, 1975, ......do.............. Do.
Pulaski County. Emerg.; August 15,
1990, Reg.; March
17, 1997, Susp.
Jones County, 130434 November 10, 1987, ......do.............. Do.
unincorporated areas. Emerg.; September 1,
1990, Reg.; March
17, 1997, Susp.
Monroe County, 130138 July 29, 1987, ......do.............. Do.
unincorporated areas. Emerg.; September 1,
1990, Reg.; March
17, 1997, Susp.
Pulaski County, 130378 June 25, 1990, ......do.............. Do.
unincorporated areas. Emerg.; August 15,
1990, Reg.; March
17, 1997, Susp.
Worth County, 130196 March 10, 1995, ......do.............. Do.
unincorporated areas. Emerg.; March 17,
1997, Reg.; March
17, 1997, Susp.
Mississippi: Pearl, city of, 280145 May 15, 1974, Emerg.; ......do.............. Do.
Rankin County. December 15, 1982,
Reg.; March 17,
1997, Susp.
Region VI
Oklahoma:
Cleveland County, 400475 June 8, 1987, Emerg.; ......do.............. Do.
unincorporated areas. June 1, 1989, Reg.;
March 17, 1997, Susp.
Lexington, city of, 400043 September 26, 1975, ......do.............. Do.
Cleveland County. Emerg.; December 2,
1980, Reg.; March
17, 1997, Susp.
Moore, city of, Cleveland 400044 April 18, 1974, ......do.............. Do.
County. Emerg.; December 2,
1980, Reg.; March
17, 1997, Susp.
Noble, town of, Cleveland 400045 October 2, 1975, ......do.............. Do.
County. Emerg.; July 2,
1981, Reg.; March
17, 1997, Susp.
Norman, city of, 400046 August 23, 1974, ......do.............. Do.
Cleveland County. Emerg.; November 1,
1979, Reg.; March
17, 1997, Susp.
Oklahoma City, city of, 405378 March 19, 1971, ......do.............. Do.
Cleveland County. Emerg.; July 14,
1972, Reg.; March
17, 1997, Susp.
Slaughterville, town of, 400539 December 27, 1990, ......do.............. Do.
Cleveland County. Emerg.; April 15,
1992, Reg.; March
17, 1997, Susp.
Region VII
Missouri:
Marshall, city of, Saline 290403 March 24, 1975, ......do.............. Do.
County. Emerg.; November 4,
1988, Reg.; March
17, 1997, Susp.
Region VIII
Colorado:
Calhan, town of, El Paso. 080192 March 12, 1976, ......do.............. Do.
Emerg.; March 18,
1986, Reg.; March
17, 1997, Susp.
Ramah, town of, El Paso.. 080066 November 19, 1975, ......do.............. Do.
Emerg.; August 5,
1986, Reg.; March
17, 1997, Susp.
Region X
Idaho:
Bellevue, city of, Blaine 160021 May 29, 1975, Emerg.; ......do.............. Do.
County. August 1, 1978,
Reg.; March 17,
1997, Susp.
Blaine County, 165167 May 14, 1971, Emerg.; ......do.............. Do.
unincorporated areas. March 16, 1981,
Reg.; March 17,
1997, Susp.
[[Page 9374]]
Hailey, city of, Blaine 160022 May 28, 1974, Emerg.; ......do.............. Do.
County. April 17, 1978,
Reg.; March 17,
1997, Susp.
Ketchum, city of, Blaine 160023 May 9, 1974, Emerg.; ......do.............. Do.
County. June 15, 1978, Reg.;
March 17, 1997, Susp.
Sun Valley, city of, 160024 September 6, 1974, ......do.............. Do.
Blaine County. Emerg.; April 17,
1978, Reg.; March
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: February 25, 1997.
Craig S. Wingo,
Deputy Associate Director, Mitigation Directorate.
[FR Doc. 97-5267 Filed 2-28-97; 8:45 am]
BILLING CODE 6718-05-P