10586 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

opportunity for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Given the imminence of the

effective date, seeking prior public

comment on this temporary delay

would have been impractical, as well as

contrary to the public interest in the

orderly promulgation and

implementation of regulations. The

imminence of the effective date is also

good cause for making this rule

immediately effective upon publication.

Dated; February 12, 2001.

Christine Todd Whitman,

Administrator.

[FR Doc. 01–3984 Filed 2–15–01; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7755]

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rule, the suspension will be withdrawn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:

Donna M. Dannels, Division Director,

Policy and Assessment Division,

Mitigation Directorate, 500 C Street,

S.W., 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

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. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10587

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

Pennsylvania:

Ayr, township of, Fulton County.422428 March 9, 1977, Emerg., July 2, 1982, Reg. February

9, 2001.

02–09–01 ......... 02–09–01.

McConnellsburg, borough of,

Fulton County.

422701 April 7, 1995, Emerg., February 9, 2001, Reg. February 9, 2001.......do ............... Do.

Todd, township of, Fulton

County.

421665 December 11, 1975, Emerg., September 1, 1986,

Reg. February 9, 2001.

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

Region IV

Georgia:

Leslie, city of, Sumter County 130395 August 6, 1975, Emerg., September 29, 1986, Reg.

February 9, 2001.

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

Region V

Illinois:

Bloomington, city of, McLean

County.

170490 May 16, 1975, Emerg., April 3, 1984, Reg. February

9, 2001.

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

Carlock, village of, McLean

County.

170491 December 23, 1982, Emerg., August 24, 1984, Reg.

February 9, 2001.

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

Chenoa, city of, McLean County.170492 March 27, 1975, Emerg., June 11, 1976, Reg. February 9, 2001.......do ............... Do.

Colfax, village of, McLean

County.

170493 June 17, 1975, Emerg., February 9, 2001, Reg.

February 9, 2001.

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

Cooksville, village of, McLean

County.

170494 July 1, 1975, Emerg., June 11, 1976, Reg. February

9, 2001.

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

Danvers, village of, McLean

County.

170495 August 7, 1975, Emerg., August 19, 1986, Reg.

February 9, 2001.

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

Downs, village of, McLean

County.

171072 May 31, 2000, Emerg., February 9, 2001, Reg. February 9, 2001.......do ............... Do.

Heyworth, village of, McLean

County.

170497 March 7, 1983, Emerg., December 1, 1983, Reg.

February 9, 2001.

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

Hudson, village of, McLean

County.

170498 May 12, 1975, Emerg., June 11, 1976, Reg. February 9, 2001.......do ............... Do.

LeRoy, city of, McLean County 170499 May 6, 1975, Emerg., May 2, 1980, Reg. February

9, 2001.

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

Lexington, city of, McLean

County.

170500 August 10, 1998, Emerg., February 9, 2001, Reg.

February 9, 2001.

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

McLean County, unincorporated areas.170931 September 19, 1979, Emerg., December 18, 1985,

Reg. February 9, 2001.

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

McLean, village of, McLean

County.

170501 March 15, 1976, Emerg., September 30, 1976, Reg.

February 9, 2001.

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

Normal, town of McLean County.170502 June 19, 1975, Emerg., September 1, 1983, Reg.

February 9, 2001.

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

Towanda, village of McLean

County.

170504 May 12, 1975, Emerg., September 4, 1987, Reg.

February 9, 2001.

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

Ohio:

Harbor View, Village of, Lucas

County.

390702 October 8, 1976, Emerg., May 25, 1978, Reg. February 9, 2001.10–06–00 ......... Do.

Region I

Connecticut:

South Windsor, town of, Hartford County.090036 July 25, 1974, Emerg., May 1, 1980, Reg. February

23, 2001.

02–23–01 ......... 02–23–01.

Maine:

Andrews Island, Knox County 230967 April 4, 1979, Emerg.; April 30, 1984, Reg.; February 23, 2001.......do ............... Do.

Region II

New York:

Lancaster, town of, Erie County.360249 May 16, 1974 Emerg., December 1, 1981; Reg.

February 23, 2001.

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

Mohawk, village of, Herkimer

County.

360314 March 20, 1974, Emerg.; April 17, 1978; Reg. February 23, 2001.......do ............... Do.

Monroe, town of, Orange

County.

360621 March 5, 1975, Emerg.; December 1, 1981, Reg.

February 23, 2001.

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

Oneida, city of, Madison County.360408 May 9, 1974, Emerg.; August 5, 1985; Reg. February 23, 2001.......do ............... Do.

Region VIII

South Dakota:

10588 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

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

North Sioux City, city of, Union

County.

46087 February 2, 1973, Emerg.; December 1, 1977, Reg.

February 23, 2001.

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

Union County, unincorporated

areas.

460242 April 23, 1975, Emerg.; February 1, 1987, Reg. February 23, 2001.......do ............... Do.

Region X

Washington:

Clallam County, unincorporated areas.530021 November 27, 1973, Emerg., November 5, 1980,

Reg. February 23, 2001.

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

Lower Elwha Klallam Tribe,

Clallam County.

530316 February 22, 1977 Emerg.; September 16, 1981,

Reg. February 23, 2001.

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

Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: February 2, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for

Mitigation.

[FR Doc. 01–3925 Filed 2–15–01; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)

(FIRMs) in effect for each listed

community prior to this date.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes the final determinations listed

below of modified base flood elevations

for each community listed. These

modified elevations have been

published in newspapers of local

circulation and ninety (90) days have

elapsed since that publication. The

Associate Director has resolved any

appeals resulting from this notification.

The modified base flood elevations

are not listed for each community in

this notice. However, this rule includes

the address of the Chief Executive

Officer of the community where the

modified base flood elevation

determinations are available for

inspection.

The modifications are made pursuant

to section 206 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program

(NFIP).

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities.

These modified elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act.

This rule is categorically excluded from

the requirements of 44 CFR part 10,

Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act. The

Associate Director, Mitigation

Directorate, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are required to maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

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.

Executive Order 12612, Federalism.

This rule involves no policies that have

federalism implications under Executive

Order 12612, Federalism, dated October

26, 1987.

Executive Order 12778, Civil Justice

Reform. This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements.

Accordingly, 44 CFR part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for Part 65

continues to read as follows: