67 FR 121 pgs. 42501-42504 - Suspension of Community Eligibility
Type: RULEVolume: 67Number: 121Pages: 42501 - 42504
Docket number: [Docket No. FEMA-7785]
FR document: [FR Doc. 02-15812 Filed 6-21-02; 8:45 am]
Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7785]
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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register .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:
Edward Pasterick, Division Director, Program Marketing and Partnership Division, Federal Insurance Administration and 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 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 III | ||||
| Pennsylvania: Banks, Township of, Carbon County | 421452 | July 25, 1975, Emerg.; October 1, 1986, Reg. June 3, 2002 | June 3, 2002 | June 3, 2002 |
| Beaver Meadows, Borough of, Carbon County | 420247 | August 5, 1975, Emerg.; June 3, 1986, Reg. June 3, 2002 | ......do | Do. |
| Bowmanstown, Borough of, Carbon County | 420248 | July 2, 1975, Emerg.; September 3, 1982, Reg. June 3, 2002 | ......do | Do. |
| Franklin, Township of, Carbon County | 421014 | December 4, 1973, Emerg.; August 1, 1977, Reg. June 3, 2002 | ......do | Do. |
| Jim Thorpe, Borough of, Carbon County | 420249 | August 7, 1973, Emerg.; August 15, 1977, Reg. June 3, 2002 | ......do | Do. |
| Kidder, Township of, Carbon County | 421453 | August 29, 1975, Emerg.; February 2, 1989, Reg. June 3, 2002 | ......do | Do. |
| Lansford, Borough of, Carbon County | 420250 | September 29, 1975, Emerg.; May 21, 1982, Reg. June 3, 2002 | ......do | Do. |
| Lower Towamensing, Township of, Carbon County | 421455 | July 29, 1975, Emerg.; November 15, 1989, Reg. June 3, 2002 | ......do | Do. |
| Mahoning, Township of, Carbon County | 421041 | February 1, 1974, Emerg.; September 29, 1978, Reg. June 3, 2002 | ......do | Do. |
| Nesquehoning, Borough of, Carbon County | 420252 | April 16, 1974, Emerg.; July 3, 1990, Reg. June 3, 2002 | ......do | Do. |
| Parryville, Borough of, Carbon County | 420254 | December 12, 1973, Emerg.; March 1, 1978, Reg. June 3, 2002 | ......do | Do. |
| Penn Forest, Township of, Carbon County | 421457 | July 9, 1979, Emerg.; February 2, 1989, Reg. June 3, 2002 | ......do | Do. |
| Summit Hill, Borough of, Carbon County | 421451 | July 23, 1975, Emerg.; December 14, 1979, Reg. June 3, 2002 | ......do | Do. |
| Towamensing, Township of, Carbon County | 421458 | July 30, 1975, Emerg.; November 1, 1986, Reg. June 3, 2002 | ......do | Do. |
| Weissport, Borough of, Carbon County | 420256 | May 30, 1974, Emerg.; February 2, 1990, Reg. June 3, 2002 | ......do | Do. |
| Region I | ||||
| Connecticut: Enfield, Town of, Hartford County | 090028 | April 4, 1974, Emerg.; March 28, 1980, Reg. June 17, 2002 | June 17, 2002 | June 17, 2002 |
| Maine: York, Town of, York County | 230159 | January 14, 1972, Emerg.; November 2, 1973, Reg. June 17, 2002 | ......do | Do. |
| Region II | ||||
| New Jersey: Jay, Town of, Essex County | 360265 | February 13, 1976, Emerg.; August 15, 1983, Reg. June 17, 2002 | ......do | Do. |
| Region III | ||||
| West Virginia: Alderson, Town of, Monroe and Greenbrier Counties | 540041 | March 7, 1975, Emerg.; September 27, 1991, Reg. June 17, 2002 | ......do | Do. |
| Monroe County, Unincorporated Areas | 540278 | October 26, 1976, Emerg.; January 14, 1983, Reg. June 17, 2002 | ......do | Do. |
| Peterstown, Town of, Monroe County | 540143 | November 27, 1974, Emerg.; August 1, 1979, Reg. June 17, 2002 | ......do | Do. |
| Region V | ||||
| Minnesota: Blaine, City of, Anoka County | 270007 | June 11, 1974, Emerg.; November 15, 1979, Reg. June 17, 2002 | ......do | Do. |
| Region VII | ||||
| Kansas: Countryside, City of, Johnson County | 200160 | August 21, 1975, Emerg.; June 30, 1976, Reg. June 17, 2002 | ......do | Do. |
| DeSoto, City of, Johnson County | 200161 | May 16, 1975, Emerg.; August 1, 1979, Reg. June 17, 2002 | ......do | Do. |
| Edgerton, City of, Johnson County | 200162 | January 12, 1976, Emerg.; August 1, 1979, Reg. June 17, 2002 | ......do | Do. |
| Fairway, City of, Johnson County | 205185 | June 12, 1970, Emerg.; April 23, 1971, Reg. June 17, 2002 | ......do | Do. |
| Gardner, City of, Johnson County | 200164 | June 25, 1975, Emerg.; April 15, 1977, Reg. June 17, 2002 | ......do | Do. |
| Johnson County, Unincorporated Areas | 200159 | September 17, 1979, Emerg.; August 15, 1980, Reg. June 17, 2002 | ......do | Do. |
| Lake Quivira, City of, Johnson County | 200166 | July 23, 1975, Emerg.; July 26, 1977, Reg. June 17, 2002 | ......do | Do. |
| Leawood, City of, Johnson County | 200167 | September 1, 1972, Emerg.; September 30, 1977, Reg. June 17, 2002 | ......do | Do. |
| Lenexa, City of, Johnson County | 200168 | June 12, 1975, Emerg.; August 1, 1977, Reg. June 17, 2002 | ......do | Do. |
| Merriam, City of, Johnson County | 200169 | April 14, 1975, Emerg.; May 15, 1978, Reg. June 17, 2002 | ......do | Do. |
| Mission, City of, Johnson County | 200170 | May 23, 1975, Emerg.; May 15, 1978, Reg. June 17, 2002 | ......do | Do. |
| Mission Hills, City of, Johnson County | 200171 | May 7, 1975, Emerg.; September 29, 1978, Reg. June 17, 2002 | ......do | Do. |
| Olathe, City of, Johnson County | 200173 | January 19, 1973, Emerg.; November 15, 1978, Reg. June 17, 2002 | ......do | Do. |
| Overland Park, City of, Johnson County | 200174 | September 8, 1972, Emerg.; September 30, 1977, Reg. June 17, 2002 | ......do | Do. |
| Prairie Village, City of, Johnson County | 200175 | March 26, 1975, Emerg.; September 29, 1978, Reg. June 17, 2002 | ......do | Do. |
| Roeland Park, City of, Johnson County | 200176 | November 7, 1975, Emerg.; June 30, 1976, Reg. June 17, 2002 | ......do | Do. |
| Shawnee, City of, Johnson County | 200177 | February 24, 1975, Emerg.; November 15, 1978, Reg. June 17, 2002 | ......do | Do. |
| Westwood, City of, Johnson County | 200179 | July 27, 1975, Emerg.; June 25, 1976, Reg. June 17, 2002 | ......do | Do. |
| Westwood Hills, City of, Johnson County | 200180 | September 4, 1975, Emerg.; August 3, 1984, Reg. June 17, 2002 | ......do | Do. |
| Region VIII | ||||
| Montana: Lewis and Clark County, Unincorporated Areas | 300038 | August 26, 1975, Emerg.; April 1, 1981, Reg. June 17, 2002 | ......do | Do. |
| Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. | ||||
Dated: June 10, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration and Mitigation Administration.
[FR Doc. 02-15812 Filed 6-21-02; 8:45 am]
BILLING CODE 6718-05-P