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Suspension of Community Eligibility

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Information about this document as published in the Federal Register.

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This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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Federal Emergency Management Agency, FEMA.


Final rule.


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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.


The effective date of each community's suspension is the third date (“Susp.”) listed in the third column of the following tables.


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.

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Donna M. Dannels, Branch Chief, Policy, Assessment and Outreach Division, Mitigation Directorate, 500 C Street, SW., Room 411, Washington, DC 20472, (202) 646-3098.

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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 Start Printed Page 2826adequate 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.

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List of Subjects in 44 CFR Part 64

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Flood insurance, Floodplains.

Accordingly, 44 CFR part 64 is amended as follows:

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1. The authority citation for part 64 continues to read as follows:

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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.

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2. The tables published under the authority of § 64.6 are amended as follows:

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State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in special flood hazard areas
Region III
Pennsylvania: Gilpin, township of, Armstrong County421306July 25, 1975, Emerg., May 4, 1988, Reg. January 5, 2001Aug. 23, 2000Jan. 5, 2001.
Virginia: Monterey, town of, Highland County510379May 9, 1997, Emerg., January 5, 2001, Reg. January 5, 2001Dec. 20, 2000  Do.
Region V
Golf, village of, Cook County170098January 17, 1975, Emerg., November 15, 1979, Reg. January 5, 2001Nov. 6, 2000  Do.
La Grange, village of, Cook County170114March 30, 1973, Emerg., November 9, 1979, Reg. January 5,  Do.
Lincolnwood, village of, Cook County171001April 24, 1979, Emerg., April 24, 1979, Reg. January 5,  Do.
North Riverside, village of, Cook County170135March 24, 1975, Emerg., December 16, 1980, Reg. January 5,  Do.
Orland Park, village of, Cook County170140April 15, 1974, Emerg., February 4, 1981, Reg. January 5,  Do.
Palos Heights, city of, Cook County170142July 27, 1973, Emerg., July 16, 1980, Reg. January 5,  Do.
Region III
Blooming Grove, township of, Pike County421962December 2, 1976, Emerg.; October 18, 1988, Reg.; January 19, 2001Oct. 6, 2000Jan. 19, 2001.
Delaware, township of, Pike County421963September 10, 1975, Emerg.; December 4, 1985; Reg. January 19,  Do.
Greene, township of, Pike County421965August 6, 1975, Emerg.; October 18, 1988, Reg. January 19,  Do.
Lackawaxen, township of, Pike County421966July 7, 1975, Emerg.; August 4, 1988; Reg. January 19,  Do.
Lehman, township of, Pike County421967February 3, 1976, Emerg.; June 19, 1989; Reg. January 19,  Do.
Milford, borough of, Pike County420759July 23, 1975, Emerg.; June 1, 1989; Reg. January 19,  Do.
Milford, township of, Pike County422642March 11, 1976, Emerg.; December 4, 1985; Reg. January 19,  Do.
Porter, township of, Pike County422500August 17, 1979, Emerg.; October 15, 1985; Reg. January 19,  Do.
Shohola, township of, Pike County421969August 7, 1975, Emerg.; July 15, 1988; Reg. January 19,  Do.
Westfall, township of, Pike County421970July 30, 1975, Emerg.; February 2, 1989; Reg. January 19,  Do.
Virginia: Hardy County, unincorporated areas540051May 16, 1978, Emerg., June 19, 1985, Reg. January 19,  Do.
West Virginia: Moorefield, town of, Hardy County540052May 12, 1975, Emerg., July 1, 1987, Reg. January 19,  Do.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: January 5, 2001.

Michael J. Armstrong,

Associate Director for Mitigation.

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[FR Doc. 01-1026 Filed 1-11-01; 8:45 am]