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 Federal Emergency Management Agency 44 CFR Part 64
[Docket No. FEMA-7745]
 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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the 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: Mike Robinson, Branch Chief, Policy, Assessment and Outreach Division, Mitigation Directorate, 500 C Street, SW., Room 411, Washington, DC 20472, (202) 646-3098.


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 
                    ( print page 61281)
                    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
 2.The tables published under the authority of § 64.6 are amended as follows: 64.6 
                            **List of Eligible Communities**
State and Location
Community No.
Effective date authorization/cancellation of sale of flood insurance in community
Current effective map date
Date certain Federal assistance no longer available in special flood hazard areas**Region III**Delaware:Ardentown, village of, New Castle County
100058
January 28, 1997; Reg., October 6, 2000; Susp
10-06-00
10-06-00Delaware City, city of, New Castle County
100022
December 17, 1973; Emerg.; February 16, 1977; Reg. October 6, 2000
......do
......do.New Castle, city of, New Castle County
100026
June 6, 1970, Emerg.; December 26, 1975; Reg. October 6, 2000
......do
......do.New Castle County, unincorporated areas
105085
June 6, 1970, Emerg.; December 3, 1971; Reg. October 6, 2000
......do
......do.Wilmington, city of, New Castle County
100028
December 19, 1973, Emerg.; May 2, 1977, Reg.; October 6, 2000
......do
......do.Pennsylvania:Blooming Grove, township of, Pike County
421962
December 2, 1976, Emerg.; October 18, 1988, Reg.; October 6, 2000
......do
......do.Delaware, township of, Pike County
421963
September 10, 1975, Emerg.; December 4, 1985, Reg.; October 6, 2000
......do
......do.Dingman, township of, Pike County
421964
March 6, 1979, Emerg.; December 4, 1985; Reg. October 6, 2000
......do
......do.Greene, township of, Pike County
421965
August 6, 1975, Emerg.; October 18, 1988, Reg. October 6, 2000
......do
......do.Lackawaxen, township of, Pike County
421966
July 7, 1975, Emerg.; August 4, 1988; Reg. October 6, 2000
......do
......do.Lehman, township of, Pike County
421967
February 3, 1976, Emerg.; June 19, 1989; Reg. October 6, 2000
......do
......do.Matamoras, borough of, Pike County
420758
October 28, 1975, Emerg.; January 5, 1989; Reg. October 6, 2000
......do
......do.Milford, borough of, Pike County
420759
July 23, 1975, Emerg.; June 1, 1989; Reg. October 6, 2000
......do
......do.Milford, township of, Pike County
422642
March 11, 1976, Emerg.; December 4, 1985; Reg. October 6, 2000
......do
......do.( print page 61282)Palmyra, township of, Pike County
421968
May 20, 1981, Emerg.; November 19, 1982; Reg. October 6, 2000
......do
......do.Porter, township of, Pike County
422500
August 17, 1979, Emerg.; October 15, 1985; Reg. October 6, 2000
......do
......do.Shohola, township of, Pike County
421969
August 17, 1975, Emerg.; July 15, 1988; Reg. October 6, 2000
......do
......do.Westfall, township of, Pike County
421970
July 30, 1975, Emerg.; February 2, 1989; Reg. October 6, 2000
......do
......do.South Buffalo, township of, Armstrong County
421210
April 17, 1975, Emerg.; June 18, 1987; Reg. October 6, 2000
......do
......do.**Region IV**North Carolina:Oakboro, town of, Stanly County
370493
July 9, 1997, Emerg.; October 6, 2000; Reg. October 6, 2000
......do
......do.**Region V**Ohio:Harbor View, village of, Lucas County
390702
October 8, 1976, Emerg.; May 25, 1978; Reg. October 6, 2000
......do
......do.Lucas County, unincorporated areas
390359
March 9, 1977, Emerg.; March 16, 1983; Reg. October 6, 2000
......do
......do.Maumee, city of, Lucas County
390360
July 25, 1975; Emerg.; March 28, 1980; Reg. October 6, 2000
......do
......do.Oregon, city of, Lucas County
390361
March 16, 1973, Emerg.; March 15, 1978; Reg. October 6, 2000
......do
......do.Ottawa Hills, village of, Lucas County
390362
October 24, 1975, Emerg.; June 4, 1980; Reg. October 6, 2000
......do
......do.Sylvania, city of, Lucas County
390364
February 18, 1972, Emerg.; July 5, 1977; Reg. October 6, 2000
......do
......do.Toledo, city of, Lucas County
395373
December 18, 1970; Emerg.; June 4, 1980; Reg. October 6, 2000
......do
......do.Waterville, village of, Lucas County
390637
April 9, 1975; Emerg.; January 2, 1981; Reg. October 6, 2000
......do
......do.Whitehouse, village of, Lucas County
390639
August 27, 1975; Emerg.; May 19, 1981; Reg. October 6, 2000
......do
......do.**Region X**Washington:North Bonneville, city of, Skamania County
530256
January 19, 1976, Emerg.; May 28, 1984; Reg. October 6, 2000
......do
......do.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Dated: October 3, 2000. Michael J. Armstrong, Associate Director for Mitigation.


[FR Doc. 00-26603 Filed 10-16-00; 8:45 am] BILLING CODE 6718-05-P