[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Rules and Regulations]
[Pages 44421-44423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21142]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7719]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 44422]]

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     assistance no longer
        State/location              No.           eligibility              map date        availabile in special
                                                                                             flood hazard areas
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           Region I
Connecticut: Vernon, town of,        090131  January 26, 1973,      August 9, 1999.......  August 9, 1999.
 Tolland County.                              Emerg.; December 4,
                                              1979, Reg.; August
                                              9, 1999, Susp.
Massachusetts: Bourne, town          255210  April 30, 1971,        ......do.............      Do.
 of, Barnstable County.                       Emerg.; June 29,
                                              1973, Reg.; August
                                              9, 1999, Susp.
          Region III
Pennsylvania: Upper Merion,          420957  December 17, 1973,     ......do.............      Do.
 township of, Montgomery                      Emerg.; November 16,
 County.                                      1977, Reg.; August
                                              9, 1999, Susp.
           Region IV
North Carolina: Wilkesboro,          370259  April 15, 1974,        ......do.............      Do.
 town of, Wilkes County.                      Emerg.; June 1,
                                              1987, Reg.; August
                                              9, 1999, Susp.
           Region X
Washington: Brewster, city of,       530275  February 14, 1975,     ......do.............      Do.
 Okanogan County.                             Emerg.; September 1,
                                              1977, Reg.; August
                                              9, 1999, Susp.
           Region I
New Hampshire: Concord, city         330110  July 17, 1974,         August 23, 1999......  August 23, 1999.
 of, Merrimack County.                        Emerg.; March 4,
                                              1980, Reg.; August
                                              23, 1999, Susp.
           Region II
New Jersey: Absecon, city of,        340001  December 23, 1971,     ......do.............      Do.
 Atlantic County.                             Emerg.; March 5,
                                              1976, Reg.; August
                                              23, 1999, Susp.
New York: Buffalo, city of,          360230  January 16, 1974,      ......do.............      Do.
 Erie County.                                 Emerg.; November 18,
                                              1981, Reg.; August
                                              23, 1999, Susp.
          Region III
Pennsylvania:
    Tunkhannock, borough of,         420917  April 18, 1973,        ......do.............      Do.
     Wyoming County.                          Emerg.; December 18,
                                              1979, Reg.; August
                                              23, 1999 Susp.
    Tunkhannock, township of,        422206  June 9, 1975, Emerg.;  ......do.............      Do.
     Wyoming County.                          July 15, 1988, Reg.;
                                              August 23, 1999,
                                              Susp.
           Region IV
South Carolina:
    Atlantic Beach, town of,         450222  October 28, 1976,      ......do.............      Do.
     Horry County.                            Emerg.; May 15,
                                              1978, Reg.; August
                                              23, 1999, Susp.
    Aynor, town of, Horry            450105  April 3, 1975,         ......do.............      Do.
     County.                                  Emerg.; January 26,
                                              1983, Reg.; August
                                              23, 1999, Susp.
    Briarcliffe Acres, town          450232  November 25, 1977,     ......do.............      Do.
     of, Horry County.                        Emerg.; June 15,
                                              1979, Reg.; August
                                              23, 1999, Susp.

[[Page 44423]]

 
    Conway, city of, Horry           450106  November 7, 1974,      ......do.............      Do.
     County.                                  Emerg.; September
                                              28, 1979, Reg.;
                                              August 23, 1999,
                                              Susp.
    Horry County,                    450104  December 8, 1980,      ......do.............      Do.
     unincorporated areas.                    Emerg.; February 15,
                                              1984, Reg; August
                                              23, 1999, Susp.
    Loris, city of, Horry            450108  August 6, 1975,        ......do.............      Do.
     County.                                  Emerg.; September 1,
                                              1986, Reg.; August
                                              23, 1999, Susp.
    Myrtle Beach, city of,           450109  October 15, 1971,      ......do.............      Do.
     Horry County.                            Emerg.; July 5,
                                              1977, Reg.; August
                                              23, 1999, Susp.
    North Myrtle Beach, city         450110  August 23, 1974,       ......do.............      Do.
     of, Horry County.                        Emerg.; October 14,
                                              1977, Reg.; August
                                              23, 1999, Susp.
    Surfside Beach, town of,         450111  September 10, 1971,    ......do.............      Do.
     Horry County.                            Emerg.; December 17,
                                              1976, Reg.; August
                                              23, 1999, Susp.
    Sumter County,                   450182  September 17, 1979,    ......do.............      Do.
     unincorporated areas.                    Emerg.; January 5,
                                              1989, Reg.; August
                                              23, 1999, Susp.
           Region VI
Arkansas:
    Crawford County,                 050428  June 29, 1990,         ......do.............      Do.
     unincorporated areas.                    Emerg.; August 5,
                                              1991, Reg.; August
                                              23, 1999, Susp.
    Crittenden County,               050429  May 18, 1983, Emerg.;  ......do.............      Do.
     unincorporated areas.                    November 1, 1985,
                                              Reg.; August 23,
                                              1999, Susp.
    Earle, city of, Crittenden       050054  June 20, 1974,         ......do.............      Do.
     County.                                  Emerg.; January 3,
                                              1986, Reg.; August
                                              23, 1999, Susp.
    Van Buren, city of,              050053  January 16, 1974,      ......do.............      Do.
     Crawford County.                         Emerg.; November 16,
                                              1977, Reg.; August
                                              23, 1999, Susp.
           Region VI
New Mexico:
    Clovis, city of, Curry           350010  May 1, 1974, Emerg.;   .....do..............      Do.
     County.                                  February 4, 1981,
                                              Reg.; August 23,
                                              1999, Susp.
          Region VIII
Colorado:
    Calhan, town of, El Paso         080192  March 12, 1976,        ......do.............      Do.
     County.                                  Emerg.; March 18,
                                              1986, Reg.; August
                                              23, 1999, Susp.
    El Paso County,                  080059  March 9, 1973,         ......do.............      Do.
     unincorporated areas.                    Emerg.; December 18,
                                              1986, Reg.; August
                                              23, 1999, Susp.
           Region IX
    California: East Palo            060708  March 19, 1984,        ......do.............      Do.
     Alto, city of, San Mateo                 Emerg.; September
     County.                                  19, 1984, Reg.;
                                              August 23, 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: August 6, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-21142 Filed 8-13-99; 8:45 am]
BILLING CODE 6718-05-P