Flood insurance; communities eligible for sale: Maine et al.,
[Federal Register: December 18, 1998 (Volume 63, Number 243)]
[Rules and Regulations]
[Page 70037-70040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de98-20]
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7703]
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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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,
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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]
-
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]
-
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 Maine: Portland, city of,
230051 June 11, 1975, Dec. 8, 1998.......... Dec. 8, 1998 Cumberland County.
Emerg.; July 17, 1986, Reg.; Dec. 8, 1998, Susp. Region II New Jersey:
Allendale, borough of,
340019 June 2, 1972, ......do.............. Do Bergen County.
Emerg.; July 2, 1979, Reg.; Dec. 8, 1998, Susp..
Fair Lawn, borough of,
340033 April 4, 1974, ......do.............. Do Bergen County.
Emerg.; July 2, 1981, Reg.; Dec. 8, 1998, Susp..
Glen Rock, borough of,
340038 Feb. 12, 1975, ......do.............. Do Bergen County.
Emerg.; July 2, 1981, Reg.; Dec. 8, 1998, Susp..
Ho-Ho-Kus, borough of,
340044 Jan. 14, 1972, ......do.............. Do Bergen County.
Emerg.; June 1, 1977, Reg.; Dec. 8, 1998, Susp..
Mahwah, township of, Bergen
340049 Oct. 13, 1972, ......do.............. Do County.
Emerg.; Nov. 3, 1982, Reg.; Dec. 8, 1998, Susp..
Midland Park, borough of,
340051 May 26, 1972, ......do.............. Do Bergen County.
Emerg.; Sept. 30, 1977, Reg.; Dec. 8, 1998, Susp..
Montvale, borough of,
340052 May 2, 1975, ......do.............. Do Bergen County.
Emerg.; June 15, 1981, Reg.; Dec. 8, 1998, Susp..
Park Ridge, borough of,
340063 Feb. 19, 1975, ......do.............. Do Bergen County.
Emerg.; May 5, 1981, Reg.; Dec. 8, 1998, Susp..
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Ramsey, borough of, Bergen
340064 Jan. 21, 1974, ......do.............. Do County.
Emerg.; Sept. 2, 1981, Reg.; Dec. 8, 1998, Susp..
Ridgewood, village of,
340067 Nov. 12, 1971, ......do.............. Do Bergen County.
Emerg.; Dec. 15, 1983, Reg.; Dec. 8, 1998, Susp..
Saddle River, borough of,
340073 March 10, 1972, ......do.............. Do Bergen County.
Emerg.; May 16, 1977, Reg.; Dec. 8, 1998, Susp..
Upper Saddle River, borough
340077 April 12, 1974, ......do.............. Do of, Bergen County.
Emerg.; Sept. 15, 1977, Reg.; Dec. 8, 1998, Susp..
Waldwick, borough of,
340078 March 31, 1972, ......do.............. Do Bergen County.
Emerg.; March 1, 1979, Reg.; Dec. 8, 1998, Susp..
Woodcliff Lake, borough of,
340082 July 15, 1975, ......do.............. Do Bergen County.
Emerg.; Sept. 2, 1981, Reg.; Dec. 8, 1998, Susp..
Wyckoff, township of,
340084 Dec. 17, 1971, ......do.............. Do Bergen County.
Emerg.; Aug. 1, 1977, Reg.; Dec. 8, 1998, Susp..
Region V
Ohio: Tipp City, city of, Miami
390401 Sept. 9, 1974, ......do.............. Do County.
Emerg.; July 18, 1985, Reg.; Dec. 8, 1998, Susp.. Region VI
Louisiana:
Natchez, village of,
220370 Sept. 29, 1975, ......do.............. Do Natchitoches Parish.
Emerg.; Sept. 18, 1987, Reg.; Dec. 8, 1998, Susp..
Natchitoches Parish,
220129 May 10, 1973, ......do.............. Do unincorporated areas.
Emerg.; Sept. 18, 1987, Reg.; Dec. 8, 1998, Susp..
Richland Parish,
220154 May 14, 1973, ......do.............. Do unincorporated areas.
Emerg.; Aug. 1, 1987, Reg.; Dec. 8, 1998, Susp..
Texas:
Bastrop County,
481193 Sept. 12, 1978, ......do.............. Do unincorporated areas.
Emerg.; Aug. 19, 1991, Reg.; Dec. 8, 1998, Susp..
Luling, city of, Caldwell
480096 May 5, 1975, ......do.............. Do County.
Emerg.; Jan. 16, 1979, Reg.; Dec. 8, 1998, Susp..
Martindale, town of,
481587 Nov. 16, 1983, ......do.............. Do Caldwell County.
Emerg.; March 15, 1982, Reg.; Dec. 8, 1998, Susp..
Region IX
California:
Menlo Park, city of, San
060321 April 2, 1975, ......do.............. Do Mateo County.
Emerg.; Feb. 4, 1981, Reg.; Dec. 8, 1998, Susp..
Palo Alto, city of, Santa
060348 Aug. 20, 1971, ......do.............. Do Clara County.
Emerg.; Feb. 15, 1980, Reg.; Dec. 8, 1998, Susp..
Region X Washington: Mason County,
530115 Aug. 18, 1975, ......do.............. Do unincorporated areas.
Emerg.; May 24, 1991, Reg.; Dec. 8, 1998, Susp..
Region II
New Jersey: Highlands, borough
345297 Dec. 11, 1970, Dec. 22, 1998......... Dec. 22, 1998 of, Monmouth County.
Sept. 3, 1971, Reg.; Emerg.; Dec. 22, 1998, Reg..
Region III
Pennsylvania: Reynoldsville,
420513 Feb. 22, 1974, ......do.............. Do borough of, Jefferson County.
Emerg.; April 17, 1978, Reg.; Dec. 22, 1998, Susp..
Region IX
Arizona: Quartzsite, town of,
040134 June 21, 1983, ......do.............. Do La Paz County.
Emerg.; Sept. 19, 1984, Reg.; Dec. 22, 1998, Susp.. California:
Morgan Hill, city of, Santa
060346 June 30, 1975, ......do.............. Do Clara County.
Emerg.; June 18, 1980, Reg.; Dec. 22, 1998, Susp..
Region X
Oregon:
Burns, city of, Harney
410084 April 7, 1975, ......do.............. Do County.
Emerg.; Aug. 15, 1984, Reg.; Dec. 22, 1998, Susp..
Harney County,
410083 Jan. 15, 1975, ......do.............. Do unincorporated areas.
Emerg.; April 17, 1984, Reg.; Dec. 22, 1998, Susp..
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Rein.-Reinstatement; Susp.-Suspension.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'').
Issued: December 10, 1998. Michael J. Armstrong, Associate Director for Mitigation.
[FR Doc. 98-33580Filed12-17-98; 8:45 am]
BILLING CODE 6718-05-P