66 FR 88 pgs. 22936-22938 - Suspension of Community Eligibility
Type: RULEVolume: 66Number: 88Pages: 22936 - 22938
Docket number: [Docket No. FEMA-7761]
FR document: [FR Doc. 01-11363 Filed 5-4-01; 8:45 am]
Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
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.
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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register .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 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:
| 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 I | ||||
| Maine: Winslow, town of, Kennebec County | 230071 | May 22, 1974, Emerg., September 30, 1987, Reg. May 7, 2001, Susp | May 7, 2001 | May 7, 2001. |
| Region II | ||||
| New York: Litchfield, town of, Herkimer County | 360309 | July 19, 1983, Emerg., September 24, 1984, Reg. May 7, 2001, Susp | ......do | Do. |
| Region IV | ||||
| Georgia: Decatur, city of, DeKalb County | 135159 | June 19, 1970, Emerg., June 11, 1971, Reg. May 7, 2001, Susp | ......do | Do. |
| Region VI | ||||
| Arkansas: Mansfield, city of, Sebastian County | 050202 | July 29, 1975, Emerg., June 18, 1987, Reg. May 7, 2001, Susp | ......do | Do. |
| Sebastian County, unincorporated areas | 050462 | January 27, 1983, Emerg., April 1, 1988, Reg. May 7, 2001, Susp | ......do | Do. |
| New Mexico: Raton, city of, Colfax County | 350008 | December 5, 1974, Emerg., March 1, 1986, Reg. May 7, 2001, Susp | ......do | Do. |
| Texas: | ||||
| Huntsville, city of, Walker County | 480639 | January 20, 1975, Emerg., February 4, 1981, Reg. May 7, 2001, Susp | ......do | Do. |
| Walker County, unincorporated areas | 481042 | August 18, 1978, Emerg., May 1, 1987, Reg. May 7, 2001, Susp | ||
| Region IX | ||||
| California: | ||||
| Solano County, unincorporated areas | 060631 | March 23, 1979, Emerg., August 2, 1982, Reg. May 7, 2001, Susp | ......do | Do. |
| Vacaville, city of, Solano County | 060373 | February 18, 1975, Emerg., August 2, 1982, Reg. May 7, 2001, Susp | May 21, 2001 | May 21, 2001. |
| Region I | ||||
| Rhode Island: Coventry, town of Kent County | 440004 | November 21, 1973, Emerg., September 1, 1978, Reg. May 21, 2001, Susp | ||
| Region II | ||||
| New Jersey: Stafford, township of, Ocean County | 340393 | September 15, 1972, Emerg., September 14, 1979, Reg., May 21, 2001, Susp | ......do | Do. |
| New York: Holland Patent, village of, Oneida County | 360530 | April 25, 1975, Emerg., April 17, 1985, Reg. May 21, 2001, Susp | ||
| Region III | ||||
| Pennsylvania: | ||||
| Bern, township of, Berks County | 421050 | March 25, 1974, Emerg., November 19, 1980, Reg. May 21, 2001, Susp | ......do | Do. |
| Heidelberg, township of, Berks County | 421069 | March 7, 1977, Emerg., May 3, 1990, Reg. May 21, 2001, Susp | ......do | Do. |
| Leesport, borough of, Berks County | 420138 | December 26, 1973, Emerg., May 16, 1977, Reg. May 21, 2001, Susp | ......do | Do. |
| Marion, township of, Berks County | 421079 | October 28, 1975, Emerg., January 2, 1981, Reg. May 21, 2001, Susp | ......do | Do. |
| Muhlenberg, township of, Berks County | 420144 | March 9, 1973, Emerg., September 1, 1977, Reg. May 21, 2001, Susp | ......do | Do. |
| Ontelaunee, township of, Berks County | 420966 | September 5, 1973, Emerg., June 1, 1977, Reg. May 21, 2001, Susp | ......do | Do. |
| Spring, township of, Berks County | 421108 | June 27, 1974, Emerg., April 18, 1983, Reg. May 21, 2001, Susp | ......do | Do. |
| Tulpehocken, township of, Berks County | 421115 | April 19, 1978, Emerg., August 4, 1988, Reg. May 21, 2001, Susp | ......do | Do. |
| Wyomissing, borough of, Berks County | 421375 | August 28, 1974, Emerg., April 18, 1983, Reg. May 21, 2001, Susp | ||
| Region V | ||||
| Illinois: Winnebago, unincorporated areas | 170720 | February 16, 1973, Emerg., November 19, 1980, Reg. May 21, 2001, Susp | ||
| Region VII | ||||
| Kansas: Augusta, city of, Butler County | 200038 | June 25, 1975, Emerg., August 15, 1980, Reg. May 21, 2001, Susp | ||
| Region VIII | ||||
| Colorado: | ||||
| Durango, city of, La Plata County | 080099 | April 30, 1974, Emerg., January 17, 1979, Reg. May 21, 2001, Susp | ......do | Do. |
| La Plata County, unincorporated areas | 080097 | December 12, 1974, Emerg., December 15, 1981, Reg. May 21, 2001, Susp | ......do | Do. |
| 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