[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Rules and Regulations]
[Pages 22936-22938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11363]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7761]


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suspension date given in this rule, the suspension will be withdrawn by 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: Donna M. Dannels, Division Director, 
Policy and Assessment Division, Mitigation Directorate, 500 C Street, 
S.W., Room 411, Washington, D.C. 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 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

[[Page 22937]]

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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                                                  Effective date
                                                  authorization/                            Date certain Federal
                                                 cancellation of    Current effective map   assistance no longer
      State and location         Community No.    sale of flood             date            available in special
                                                   insurance in                              flood hazard areas
                                                    community
----------------------------------------------------------------------------------------------------------------
           Region I
 
Maine: Winslow, town of,                230071  May 22, 1974,      May 7, 2001...........  May 7, 2001.
 Kennebec County.                                Emerg.,
                                                 September 30,
                                                 1987, Reg. May
                                                 7, 2001, Susp.
           Region II
 
New York: Litchfield, town of,          360309  July 19, 1983,     ......do..............      Do.
 Herkimer County.                                Emerg.,
                                                 September 24,
                                                 1984, Reg. May
                                                 7, 2001, Susp.
           Region IV
 
Georgia: Decatur, city of,              135159  June 19, 1970,     ......do..............      Do.
 DeKalb County.                                  Emerg., June 11,
                                                 1971, Reg. May
                                                 7, 2001, Susp.
           Region VI
 
Arkansas: Mansfield, city of,           050202  July 29, 1975,     ......do..............      Do.
 Sebastian County                                Emerg., June 18,
                                                 1987, Reg. May
                                                 7, 2001, Susp.
    Sebastian County,                   050462  January 27, 1983,  ......do..............      Do.
     unincorporated areas.                       Emerg., April 1,
                                                 1988, Reg. May
                                                 7, 2001, Susp.
    New Mexico: Raton, city             350008  December 5, 1974,  ......do..............      Do.
     of, Colfax County.                          Emerg., March 1,
                                                 1986, Reg. May
                                                 7, 2001, Susp.
Texas:
    Huntsville, city of,                480639  January 20, 1975,  ......do..............      Do.
     Walker County.                              Emerg., February
                                                 4, 1981, Reg.
                                                 May 7, 2001,
                                                 Susp.
    Walker County,                      481042  August 18, 1978,
     unincorporated areas.                       Emerg., May 1,
                                                 1987, Reg. May
                                                 7, 2001, Susp.
           Region IX
 
California:
    Solano County,                      060631  March 23, 1979,    ......do..............      Do.
     unincorporated areas.                       Emerg., August
                                                 2, 1982, Reg.
                                                 May 7, 2001,
                                                 Susp.
    Vacaville, city of, Solano          060373  February 18,       May 21, 2001..........  May 21, 2001.
     County.                                     1975, Emerg.,
                                                 August 2, 1982,
                                                 Reg. May 7,
                                                 2001, Susp.
           Region I
 
Rhode Island: Coventry, town            440004  November 21,
 of Kent County.                                 1973, Emerg.,
                                                 September 1,
                                                 1978, Reg. May
                                                 21, 2001, Susp.
           Region II
 
New Jersey: Stafford, township          340393  September 15,      ......do..............      Do.
 of, Ocean County.                               1972, Emerg.,
                                                 September 14,
                                                 1979, Reg., May
                                                 21, 2001, Susp.
New York: Holland Patent,               360530  April 25, 1975,                            .....................
 village of, Oneida County.                      Emerg., April
                                                 17, 1985, Reg.
                                                 May 21, 2001,
                                                 Susp.

[[Page 22938]]

 
          Region III
 
Pennsylvania:
    Bern, township of, Berks            421050  March 25, 1974,    ......do..............      Do.
     County.                                     Emerg., November
                                                 19, 1980, Reg.
                                                 May 21, 2001,
                                                 Susp.
    Heidelberg, township of,            421069  March 7, 1977,     ......do..............      Do.
     Berks County.                               Emerg., May 3,
                                                 1990, Reg. May
                                                 21, 2001, Susp.
    Leesport, borough of,               420138  December 26,       ......do..............      Do.
     Berks County.                               1973, Emerg.,
                                                 May 16, 1977,
                                                 Reg. May 21,
                                                 2001, Susp.
    Marion, township of, Berks          421079  October 28, 1975,  ......do..............      Do.
     County.                                     Emerg., January
                                                 2, 1981, Reg.
                                                 May 21, 2001,
                                                 Susp.
    Muhlenberg, township of,            420144  March 9, 1973,     ......do..............      Do.
     Berks County.                               Emerg.,
                                                 September 1,
                                                 1977, Reg. May
                                                 21, 2001, Susp.
    Ontelaunee, township of,            420966  September 5,       ......do..............      Do.
     Berks County.                               1973, Emerg.,
                                                 June 1, 1977,
                                                 Reg. May 21,
                                                 2001, Susp.
    Spring, township of, Berks          421108  June 27, 1974,     ......do..............      Do.
     County.                                     Emerg., April
                                                 18, 1983, Reg.
                                                 May 21, 2001,
                                                 Susp.
    Tulpehocken, township of,           421115  April 19, 1978,    ......do..............      Do.
     Berks County.                               Emerg., August
                                                 4, 1988, Reg.
                                                 May 21, 2001,
                                                 Susp.
    Wyomissing, borough of,             421375  August 28, 1974,
     Berks County.                               Emerg., April
                                                 18, 1983, Reg.
                                                 May 21, 2001,
                                                 Susp.
           Region V
 
Illinois: Winnebago,                    170720  February 16,
 unincorporated areas.                           1973, Emerg.,
                                                 November 19,
                                                 1980, Reg. May
                                                 21, 2001, Susp.
          Region VII
 
Kansas: Augusta, city of,               200038  June 25, 1975,
 Butler County.                                  Emerg., August
                                                 15, 1980, Reg.
                                                 May 21, 2001,
                                                 Susp.
          Region VIII
 
Colorado:
    Durango, city of, La Plata          080099  April 30, 1974,    ......do..............      Do.
     County.                                     Emerg., January
                                                 17, 1979, Reg.
                                                 May 21, 2001,
                                                 Susp.
    La Plata County,                    080097  December 12,       ......do..............      Do.
     unincorporated areas.                       1974, Emerg.,
                                                 December 15,
                                                 1981, Reg. May
                                                 21, 2001, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: April 25, 2001.
Margaret E. Lawless,
Acting Executive Associate Director for Mitigation.
[FR Doc. 01-11363 Filed 5-4-01; 8:45 am]
BILLING CODE 6718-05-U