39752 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

* * * * *

[FR Doc. 98–19838 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7692]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

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rule, the suspension will be withdrawn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.

§ 64.6 [Amended]

2. The tables published under the

authority of § 64.6 are amended as

follows:
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39753

State/location Community

No. Effective date of eligibility Current effectivemap date

Date certain

Federal assistance no longer

available in special flood hazard

areas

Region I

Maine:

Harpswell, town of, Cumberland County 230169 July 15, 1975, July 3, 1985, July 20, 1998,

Emerg; Reg; Susp.

July 20, 1998 .... July 20, 1998.

Phippsburg, town of, Sagadahoc County 230120 July 29, 1975, August 5, 1986, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Sanford, town of, York County ............... 230156 February 24, 1975, March 4, 1985, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Rhode Island: Portsmouth, town of, Newport

County.

445405 July 30, 1971, August 24, 1973, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Region II

New Jersey: North Wildwood, city of, Cape

May County.

345308 July 24, 1970, March 5, 1971, July 20, 1998,

Emerg; Reg; Susp.

......do ............... Do.

New York:

Manorhaven, village of, Nassau County 360479 December 26, 1974, June 1, 1983, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

North Hempstead, town of, Nassau

County.

360482 December 17, 1971, April 15, 1977, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Port Washington North, village of, Nassau County.361562 December 4, 1974, July 5, 1983, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Sands Point, village of, Nassau County 360492 December 18, 1974, June 15, 1983, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Virgin Islands: St. Croix ................................. 780000 October 6, 1975, October 15, 1980, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Region III

Maryland: Somerset County, unincorporated

areas.

240061 May 8, 1975, June 15, 1981, July 20, 1998,

Emerg; Reg; Susp.

......do ............... Do.

Virginia:

Northumberland County, unincorporated

areas.

510107 October 9, 1973, July 4, 1989, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Richmond, independent city ................... 510129 August 29, 1973, June 15, 1979, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Region IV

Florida:

Collier County, unincorporated areas ..... 120067 July 10, 1970, September 14, 1979, July 20,

1998 Emerg; Reg; Susp.

......do ............... Do.

Santa Rosa County, unincorporated

areas.

120274 August 28, 1970, October 14, 1977, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

North Carolina:

Alexander County, unincorporated areas 370398 July 23, 1990, February 1, 1991, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Wrightsville Beach, town of, New Hanover County.375361 June 12, 1970, November 6, 1970, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Region VI

Arkansas: Pulaski County, unincorporated

areas.

050179 March 6, 1979, July 16, 1981, July 20, 1998,

Emerg; Reg; Susp.

......do ............... Do.

Region VII

Missouri: Franklin, city of, Howard County .... 290482 July 7, 1975, March 2, 1983, July 20, 1998,

Emerg; Reg; Susp.

......do ............... Do.

Region VIII

Wyoming: Rock Springs, city of, Sweetwater

County.

560051 September 1, 1972, July 16, 1979, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Region X

Idaho:

Bellevue, city of, Blaine County .............. 160021 May 29, 1975, August 1, 1978, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Blaine County, unincorporated areas ..... 165167 May 14, 1971, March 16, 1981, July 20,

1998, Emerg; Reg; Susp.

......do ............... Do.

Code for reading third column: Emerg;—Emergency; Reg;—Regular; Rein.—Reinstatement; Susp—Suspension.
39754 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Issued: July 16, 1998.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 98–19817 Filed 7–23–98; 8:45 am]

BILLING CODE 6718–05–P