Federal Register, Volume 62 Issue 183 (Monday, September 22, 1997)

[Federal Register Volume 62, Number 183 (Monday, September 22, 1997)]
[Rules and Regulations]
[Pages 49445-49447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25103]

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7672]

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suspension date given in this rule, the suspension will be withdrawn by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

[[Page 49446]]

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 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
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: Cromwell, town of, 090123 Nov. 15, 1973, Sept. 17, 1997........ Sept. 17, 1997.
Middlesex County. Emerg; June 15,
1978, Reg; Sept.
17, 1997, Susp.
Massachusetts: Edgartown, town 250069 July 7, 1975, ......do.............. Do.
of, Dukes County. Emerg; July 2,
1980, Reg; Sept.
17, 1997, Susp..
New Hampshire: Keene, city of, 330023 April 24, 1974, ......do.............. Do.
Cheshire County. Emerg; Sept. 30,
1983, Reg; Sept.
17, 1997, Susp.

[[Page 49447]]

Region II

New York:
Brutus, town of, Cayuga 360104 Sept. 6, 1974, ......do.............. Do.
County. Emerg; April 16,
1979, Reg; Sept.
17, 1997, Susp.
Gardiner, town of, Ulster 360856 June 26, 1974, ......do.............. Do.
County. Emerg; Sept. 30,
1982, Reg; Sept.
17, 1997, Susp.

Region III

Pennsylvania:
Lock Haven, city of, 420328 Nov. 17, 1972, ......do.............. Do.
Clinton County. Emerg; Feb. 2,
1977, Reg; Sept.
17, 1997, Susp.
Woodward, township of, 420337 March 16, 1973, ......do.............. Do.
Clinton County. Emerg; Jan. 16,
1980, Reg; Sept.
17, 1997, Susp.

Region V

Canal Winchester, village 390169 Dec. 26, 1973, ......do.............. Do.
of, Franklin County. Emerg; June 4,
1980, Reg; Sept.
17, 1997, Susp.
Franklin County, 390167 April 19, 1973, ......do.............. Do.
unincorporated areas. Emerg; July 5,
1983, Reg; Sept.
17, 1997, Susp.
Wisconsin: West Bend, city of, 550475 Aug. 15, 1975, ......do.............. Do.
Washington County. Emerg; Aug. 2,
1982, Reg; Sept.
17, 1997, Susp.

Region IX

Arizona: Apache County, 040001 April 11, 1975, ......do.............. Do.
unincorporated areas. Emerg; July 5,
1982, Reg; Sept.
17, 1997, Susp.
California:
Dublin, city of, Alameda 060705 Feb. 3, 1971, ......do.............. Do.
County. Emerg; Apr. 15,
1981, Reg; Sept.
17, 1997, Susp.
Livermore, city of, Alameda 060008 Dec. 1, 1972, ......do.............. Do.
County. Emerg; July 5,
1977, Reg; Sept.
17, 1997, Susp.
Modoc County, 060192 Feb. 19, 1976, ......do.............. Do.
unincorporated areas. Emerg; Sept. 24,
1984, Reg; Sept.
17, 1997, Susp.

Region VI

Oklahoma: Marshall County, 400511 Aug. 17, 1983, Sept. 30, 1997........ Sept. 30, 1997.
unincorporated areas. Emerg; May 28,
1985, Reg; Sept.
30, 1997, Susp.

Region VII

Nebraska: Howard County, 310446 June 21, 1993, ......do.............. Do.
unincorporated areas. Emerg; Sept. 30,
1997, Reg; Sept.
30, 1997, Susp.

Region VIII

Colorado: Broomfield, city of, 085073 Feb. 18, 1972, ......do.............. Do.
Adams, Boulder, and Jefferson Emerg; Sept. 7,
Counties. 1973, Reg; Sept.
30, 1997, Susp.
Montana: Bull Creek, village 290916 Dec. 6, 1993, ......do.............. Do.
of, Taney County. Emerg; Sept. 30,
1997 Reg; Sept.
30, 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: September 5, 1997.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 97-25103 Filed 9-19-97; 8:45 am]
BILLING CODE 6718-05-P