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Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

Published Document

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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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

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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.

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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 Start Printed Page 54719the 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.

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List of Subjects in 44 CFR Part 64

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Accordingly,

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PART 64—[AMENDED]

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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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[Amended]
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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 I
Maine:
Dixfield, Town of, Oxford County230092June 23, 1975, Emerg.; March 4, 1985, Reg. November 7, 2001November 11, 2001November 21, 2001.
Greenville, Town of, Piscataquis County230409July 17, 1975, Emerg.; March 4, 1987, Reg. November 7, 2001......do  Do.
Kingfield, Town of, Franklin County230058August 21, 1975, Emerg.; June 5, 1989, Reg. November 7, 2001......do  Do.
Region II
New York:
Larchmont, Village of, Westchester County360915February 4, 1972, Emerg.; September 1, 1977, Reg. November 7, 2001......do  Do.
Utica, City of, Oneida County360558October 2, 1974, Emerg.; February 1, 1984, Reg. November 7, 2001......do  Do.
Region III
Pennsylvania:
Alburtis, Borough of, Lehigh County420584August 7, 1975, Emerg.; December 15, 1978, Reg. November 7, 2001......do  Do.
Allentown, City of, Lehigh County420585October 15, 1971, Emerg.; June 1, 1982, Reg. November 7, 2001......do  Do.
Catasauqua, Borough of, Lehigh County420586December 3, 1971, Emerg.; November 1, 1979, Reg. November 7, 2001......do  Do.
Coopersburg, Borough of, Lehigh County420587January 12, 1977, Emerg.; July 30, 1982, Reg. November 7, 2001......do  Do.
Coplay, Borough of, Lehigh County421807October 14, 1975, Emerg.; June 25, 1976, Reg. November 7, 2001......do  Do.
Emmaus, Borough of, Lehigh County420588July 26, 1973, Emerg.; September 1, 1977, Reg. November 7, 2001......do  Do.
Fountain Hill, Borough of, Lehigh County421808July 31, 1975, Emerg.; May 15, 1986, Reg. November 7, 2001......do  Do.
Hanover, Township of, Lehigh County422261July 2, 1974, Emerg.; January 6, 1982, Reg. November 7, 2001......do  Do.
Heidelberg, Township of, Lehigh, County421809February 21, 1975, Emerg.; June 15, 1981, Reg. November 7, 2001......do  Do.
Lower Macungie, Township of, Lehigh County420589September 29, 1972, Emerg.; February 2, 1977, Reg. November 7, 2001......do  Do.
Lower Milford, Township of, Lehigh County421039February 1, 1974, Emerg.; April 17, 1978, Reg. November 7, 2001......do  Do.
Lowhill, Township of, Lehigh County421811March 1, 1977, Emerg.; October 15, 1985, Reg. November 7, 2001......do  Do.
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Lynn, Township of, Lehigh County421812July 21, 1976, Emerg.; September 30, 1987, Reg. November 7, 2001......do  Do.
Macungie, Borough of, Lehigh County420590April 18, 1974, Emerg.; April 15, 1980, Reg. November 7, 2001......do  Do.
North Whitehall, Township of, Lehigh County421813July 26, 1974, Emerg.; September 30, 1981, Reg. November 7, 2001......do  Do
Salisbury, Township of, Lehigh County420591April 22, 1975, Emerg.; September 24, 1984, Reg. November 7, 2001......do  Do.
Slatington, Borough of, Lehigh County420592June 4, 1975, Emerg.; March 16, 1981, Reg. November 7, 2001......do  Do.
South Whitehall, Township of, Lehigh County420593January 26, 1973, Emerg.; February 1, 1978, Reg. November 7, 2001......do  Do.
Upper Macungie, Township of, Lehigh County421044February 12, 1974, Emerg.; April 2, 1979, Reg. November 7, 2001......do  Do.
Upper Milford, Township of, Lehigh County421815October 10, 1974, Emerg.; May 19, 1981, Reg. November 7, 2001......do  Do.
Upper Saucon, Township of, Lehigh County420594February 25, 1972, Emerg.; July 15, 1977, Reg. November 7, 2001......do  Do.
Washington, Township of, Lehigh County421816August 21, 1974, Emerg.; April 15, 1981, Reg. November 7, 2001......do  Do.
Weisenberg, Township of, Lehigh County421817February 3, 1976, Emerg.; October 15, 1985, Reg. November 7, 2001......do  Do.
Whitehall, Township of, Lehigh County420595April 30, 1974, Emerg.; October 28, 1977, Reg. November 7, 2001......do  Do.
Region IV
Edisto Beach, Town of, Colleton County455414March 19, 1971, Emerg.; April 9, 1971, Reg. November 7, 2001......do  Do.
Walterboro, City of, Colleton County450058April 2, 1975, Emerg.; April 17, 1987, Reg. November 7, 2001.....do  Do.
Williams, Town of, Colleton County450059February 3, 1976, Emerg.; July 17, 1986, Reg. November 7, 2001......do  Do.
Region VI
Texas:
Fort Bend County, Unincorporated Areas480228March 19, 1987, Reg.; November 7, 2001......do  Do.
Wharton County, Unincorporated Areas480652February 27, 1987, Reg.; November 7, 2001......do  Do.
Region VII
Kansas:
Baldwin, City of, Douglas County200088June 23, 1975, Emerg.; January 2, 1980, Reg. November 7, 2001......do  Do.
Douglas County, Unincorporated Areas200087May 30, 1975, Emerg.; March 2, 1981, Reg. November 7, 2001......do  Do.
Eudora, City of, Douglas County200089June 12, 1975, Emerg.; January 16, 1981, Reg. November 7, 2001......do  Do.
Lawrence, City of, Douglas County200090June 15, 1973, Emerg.; March 2, 1981, Reg. November 7, 2001......do  Do.
Lecompton, City of, Douglas County200091July 2, 1975, Emerg.; March 15, 1979, November 7, 2001......do  Do
Region I
Vermont:
Wells, Town of, Rutland County500271June 25, 1975, Emerg.; June 15, 1988, Reg. November 21, 2001November 21, 2001November 21, 2001.
Region III
New Jersey:
Berkeley Heights, Township of, Union County340459December 30, 1971, Emerg.; March 1, 1978, Reg. November 21, 2001......do  Do.
Region V
Ohio:
Adams County Unincorporated Areas390001March 14, 1978, Emerg.; November 21, 2001, Reg......do  Do.
Manchester, Village of, Adams County390002October 25, 1974, Emerg.; August 1, 1978, Reg. November 21, 2001......do  Do.
Aberdeen, Village of, Brown County390675July 2, 1975, Emerg.; August 15, 1983, Reg. November 21, 2001......do  Do.
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Brown County, Unincorporated Areas County390034May 9, 1977, Emerg.; November 21, 2001, Reg......do  Do.
Higginsport, Village of, Brown County390677January 29, 1976, Emerg.; September 15, 1983, Reg. November 21, 2001......do  Do.
Mount Orab, Village of, Brown County390621January 16, 2001, Emerg.; November 21, 2001, Reg......do  Do.
Ripley, Village of, Brown County390036June 12, 1975, Emerg.; July 18, 1983, Reg. November 21, 2001......do  Do.
Rome, Village of, Brown County390003February 16, 1977, Emerg.; October 18, 1983, Reg. November 21, 2001......do  Do.
Region VI
Oklahoma:
Logan County, Unincorporated Areas400096October 26, 1984, Emerg.; December 5, 1989, Reg. November 21, 2001.....do  Do.
Region IX
California:
Hidden Hills, City of, Los Angeles County060125May 24, 1974, Emerg.; September 7, 1984, Reg. November 21, 2001......do  Do.
Lassen County, Unincorporated Areas060092June 26, 1986, Emerg.; September 4, 1987, Reg. November 21, 2001......do  Do.
Palos Verdes Estates, City of, Los Angeles County060145January 29, 1971, Emerg.; September 7, 1984, Reg. November 21, 2001......do  Do.
 Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: October 23, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

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[FR Doc. 01-27208 Filed 10-29-01; 8:45 am]

BILLING CODE 6718-05-P