Document

Suspension of Community Eligibility

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 da...

[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Rules and Regulations]
[Pages 55956-55958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28082]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7699]


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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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 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:

---------------------------------------------------------------------------------------------------------------- Date certain Federal Community Effective date of Current effective map assistance no longer State/location No. eligibility date available in special flood hazard areas ---------------------------------------------------------------------------------------------------------------- Region I Connecticut: Fairfield, town 090007 April 7, 1972, Oct. 6, 1998.......... Oct. 6, 1998 of, Fairfield County. Emerg.; August 15, 1978, Reg; October 6, 1998, Susp. Region V Illinois: Glenview, village of, 170096 January 26, 1973, ......do.............. do Cook County. Emerg.; June 15, 1979, Reg; October 6, 1998, Susp. Indiana: Huntingburg, city of, 180362 April 1, 1976, ......do.............. do. Dubois County. Emerg.; September 16, 1988, Reg.; October 6, 1998, Susp. Ohio: Springboro, city of, Warren 390564 May 5, 1975, ......do.............. do. County. Emerg.; February 4, 1981, Reg.; October 6, 1998, Susp. Warren County, 390757 January 3, 1975, ......do.............. do. unincorporated areas. Emerg.; April 15, 1981, Reg.; October 6, 1998, Susp. Wisconsin: Boscobel, city 550148 November 27, ......do.............. do. of, Grant County. 1981, Reg.; October 6, 1998, Susp. Region VI Louisiana: Robeline, village 220133 August 11, 1975, ......do.............. do. of, Natchitoches Parish. Emerg.; August 5, 1985, Reg.; October 6, 1998, Susp. Region IX California: Tulare County, 065066 January 29, 1971, ......do.............. do. unincorporated areas. Emerg.; September 29, 1986, Reg.; October 6, 1998, Susp. Visalia, city of, Tulare 060409 August 23, 1974, ......do.............. do. County. Emerg.; July 5, 1984, Reg.; October 6, 1998, Susp. Region V Illinois: Northbrook, village 170132 December 12, Oct. 20, 1998......... Oct. 20, 1998. of, Cook County. 1973, Emerg.; January 17, 1979, Reg.; October 20, 1998, Susp. Ohio: Clark County, 390732 May 14, 1976, ......do.............. do. unincorporated areas. Emerg.; July 2, 1987, Reg.; October 20, 1998, Susp. Region VI Louisiana: Evangeline Parish, 220064 January 12, 1976, ......do.............. do. unincorporated areas. Emerg.; August 1, 1988, Reg.; October 20, 1998, Susp. Ville Platte, town of, 220070 April 13, 1976, ......do.............. do. Evangeline County. Emerg.; October 15, 1985, Reg.; October 20, 1998, Susp. Texas:

Ector County, 480796 September 11, ......do.............. do. unincorporated areas. 1981, Emerg.; March 4, 1991, Reg.; October 20, 1998, Susp. Greenville, city of, Hunt 485473 December 31, ......do.............. do. County. 1970, Emerg.; August 13, 1971, Reg.; October 20, 1998, Susp. Hunt County, unincorporated 480363 June 15, 1990, ......do.............. do. areas. Emerg.; September 4, 1991, Reg.; October 20, 1998, Susp. Odessa, city of, Ector 480206 March 27, 1980, ......do.............. do. County. Emerg.; March 4, 1991, Reg.; October 20, 1998, Susp. Region VIII Colorado: Wellington, town of, 080104 January 17, 1975, ......do.............. do. Larimer County. Emerg.; February 15, 1979, Reg.; October 20, 1998, Susp. ---------------------------------------------------------------------------------------------------------------- Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.

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

Issued: October 9, 1998. Michael J. Armstrong, Associate Director for Mitigation. [FR Doc. 98-28082 Filed 10-19-98; 8:45 am] BILLING CODE 6718-05-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

63 FR 55956

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Suspension of Community Eligibility,” thefederalregister.org (October 20, 1998), https://thefederalregister.org/documents/98-28082/suspension-of-community-eligibility.