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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, Emergency Preparedness and Response Directorate, Department of Homeland Security.

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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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

Mike Grimm, Mitigation Division, 500 C Street, SW.; Room 412, Washington, DC 20472, (202) 646-2878.

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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 Administrator 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 Administrator 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 V
Ohio:
Fayette County, Unincorporated Areas390164February 17, 1993, Emerg.; June 1, 1995, Reg.; March 2, 2004, SuspMar. 2, 2004Mar. 2, 2004.
Jeffersonville, Village of, Fayette County390165October 14, 1975, Emerg.; March 5, 1990, Reg.; March 2, 2004, Susp......do  Do.
Washington Court House, City of, Fayette County390166March 12, 1975, Emerg.; August 15, 1978, Reg.; March 2, 2004, Susp......do  Do.
Region III
Pennsylvania:
Anthony Township of, Lycoming County420971December 6, 1973, Emerg.; December 1, 1986, Reg.; March 16, 2004, SuspMar. 16, 2004Mar. 16, 2004.
Armstrong, Township of, Lycoming County420635March 30, 1973, Emerg.; September 28, 1979, Reg.; March 16, 2004, Susp......do  Do.
Bastress, Township of, Lycoming County422472February 3, 1980, Emerg.; September 24, 1984, Reg.; March 16, 2004, Susp......do  Do.
Brady, Township of, Lycoming County421169April 30, 1974, Emerg.; July 16, 1979, Reg.; March 16, 2004, Susp......do  Do.
Brown, Township of, Lycoming County420636May 11, 1973, Emerg.; March 2, 1981, Reg.; March 16, 2004, Susp......do  Do.
Cascade, Township of, Lycoming County421837July 29, 1976, Emerg.; December 1, 1986, Reg.; March 16, 2004, Susp......do  Do.
Clinton, Township of, Lycoming County420637April 10, 1973, Emerg.; September 28, 1979, Reg.; March 16, 2004, Susp......do  Do.
Cogan House, Township of, Lycoming County421838February 5, 1981, Emerg.; June 1, 1987, Reg.; March 16, 2004, Susp......do  Do.
Cummings, Township of, Lycoming County420638June 6, 1973, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp......do  Do.
Duboistown, Borough of, Lycoming County420639December 22, 1972, Emerg.; March 1, 1977, Reg.; March 16, 2004, Susp......do  Do.
Eldred, Township of, Lycoming County421839June 20, 1974, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp......do  Do.
Fairfield, Township of, Lycoming County420972September 25, 1973, Emerg.; June 1, 1981, Reg.; March 16, 2004, Susp......do  Do.
Franklin, Township of, Lycoming County420973January 28, 1974, Emerg.; June 1, 1987, Reg.; March 16, 2004, Susp......do  Do.
Gamble, Township of, Lycoming County420974August 1, 1973, Emerg.; September 30, 1980, Reg.; March 16, 2004, Susp......do  Do.
Hepburn, Township of, Lycoming County420640June 19, 1973, Emerg.; February 17, 1982, Reg.; March 16, 2004, Susp......do  Do.
Hughesville, Borough of, Lycoming County420641January 21, 1974, Emerg.; October 15, 1981, Reg.; March 16, 2004, Susp......do  Do.
Jackson, Township of, Lycoming County422601January 19, 1989, Emerg.; January 1, 1991, Reg.; March 16, 2004, Susp......do  Do.
Jersey Shore, Borough of, Lycoming County420642October 27, 1972, Emerg.; March 5, 1976, Reg.; March 16, 2004, Susp......do  Do.
Jordan, Township of, Lycoming County422596January 27, 1976, Emerg.; December 1, 1986, Reg.; March 16, 2004, Susp......do  Do.
Lewis, Township of, Lycoming County420643June 14, 1973, Emerg.; March 2, 1983, Reg.; March 16, 2004, Susp......do  Do.
Limestone, Township of, Lycoming County422588June 5, 1980, Emerg.; June 1, 1987, Reg.; March 16, 2004, Susp......do  Do.
Loyalsock, Township of, Lycoming County421040February 5, 1974, Emerg.; May 16, 1977, Reg.; March 16, 2004, Susp......do  Do.
Lycoming, Township of, Lycoming County420644May 4, 1973, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp......do  Do.
McHenry, Township of, Lycoming County420975September 7, 1973, Emerg.; August 15, 1980, Reg.; March 16, 2004, Susp......do  Do.
McIntyre, Township of, Lycoming County420645June 6, 1973, Emerg.; November 4, 1981, Reg.; March 16, 2004, Susp......do  Do.
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McNett, Township of, Lycoming County422597September 26, 1975, Emerg.; December 23, 1983, Reg.; March 16, 2004, Susp......do  Do.
Mifflin, Township of, Lycoming County422590September 15, 1975, Emerg.; April 17, 1985, Reg.; March 16, 2004, Susp......do  Do.
Mill Creek, Township of, Lycoming County421845October 14, 1975, Emerg.; March 2, 1979, Reg.; March 16, 2004, Susp......do  Do.
Montgomery, Borough of, Lycoming County420646September 1, 1972, Emerg.; June 15, 1978, Reg.; March 16, 2004, Susp......do  Do.
Montoursville, Borough of, Lycoming County420648February 9, 1973, Emerg.; August 15, 1977, Reg.; March 16, 2004, Susp......do  Do.
Moreland, Township of, Lycoming County421846June 15, 1976, Emerg.; March 2, 1981, Reg.; March 16, 2004, Susp...... do  Do.
Muncy Creek, Township of, Lycoming County420650August 23, 1974, Emerg.; September 30, 1980, Reg.; March 16, 2004, Susp...... do  Do.
Muncy, Borough of, Lycoming County420649June 30, 1972, Emerg.; February 16, 1977, Reg.; March 16, 2004, Susp...... do  Do.
Muncy, Township of, Lycoming County421847May 9, 1980, Emerg.; August 19, 1987, Reg.; March 16, 2004, Susp...... do  Do.
Nippenose, Township of, Lycoming County420651May 1, 1973, Emerg.; April 15, 1980, Reg.; March 16, 2004, Susp...... do  Do.
Old Lycoming, Township of, Lycoming County420652January 19, 1973, Emerg.; April 15, 1977, Reg.; March 16, 2004, Susp...... do  Do.
Penn, Township of, Lycoming County421848March 7, 1977, Emerg.; August 15, 1990, Reg.; March 16, 2004, Susp...... do  Do.
Piatt, Township of, Lycoming County420653April 10, 1973, Emerg.; April 1, 1980, Reg.; March 16, 2004, Susp...... do  Do.
Picture Rocks, Borough of, Lycoming County420654March 21, 1975, Emerg.; September 5, 1990, Reg.; March 16, 2004, Susp...... do  Do.
Pine, Township of, Lycoming County420954October 4, 1973, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp...... do  Do.
Plunketts Creek, Township of, Lycoming County420655March 2, 1973, Emerg.; August 2, 1982, Reg.; March 16, 2004, Susp...... do  Do.
Porter, Township of, Lycoming County420656March 9, 1973, Emerg.; January 14, 1977, Reg.; March 16, 2004, Susp...... do  Do.
Salladasburg, Borough of, Lycoming County420657September 12, 1975, Emerg.; January 5, 1979, Reg.; March 16, 2004, Susp...... do  Do.
Shrewsbury, Township of, Lycoming County421148April 9, 1974, Emerg.; December 15, 1990, Reg.; March 16, 2004, Susp...... do  Do.
South Williamsport, Borough of, Lycoming County420658January 7, 1974, Emerg.; April 15, 1977, Reg.; March 16, 2004, Susp...... do  Do.
Susquehanna, Township of, Lycoming County420659April 19, 1973, Emerg.; September 28, 1979, Reg; March 16, 2004 Susp......do  Do.
Upper Fairfield, Township of, Lycoming County420660May 15, 1973, Emerg.; September 28, 1979, Reg; March 16, 2004 Susp......do  Do.
Washington, Township of, Lycoming422613September 15, 1975, Emerg.; December 1, 1986, Reg; March 16, 2004 Susp......do  Do.
Watson, Township of, Lycoming County420661May 4, 1973, Emerg.; October 15, 1980, Reg; March 16, 2004 Susp......do  Do.
Williamsport, City of, Lycoming County420662November 24, 1972, Emerg.; December 1, 1977, Reg; March 16, 2004 Susp......do  Do.
Wolf, Township of, Lycoming County420663March 30, 1973, Emerg.; December 2, 1980, Reg; March 16, 2004 Susp......do  Do.
Woodward, Township of, Lycoming County420664June 4, 1973, Emerg.; September 28, 1979, Reg.; March 16, 2004 Susp......do  Do.
Region V
Ohio
Bexley, City of, Franklin County390168November 21, 1973; Emerg.; November 15, 1978, Reg; March 16, 2004 Susp......do  Do.
Columbus, City of, Fairfield County, Franklin County390170May 21, 1971, Emerg.; July 5, 1983, Reg; March 16, 2004 Susp......do  Do.
Dublin, City of, Delaware County, Franklin County390673June 21, 1974, Emerg.; June 4, 1980, Reg; March 16, 2004 Susp......do  Do.
Franklin County, Unincorporated Areas390167April 19, 1973, Emerg.; July 5, 1983, Reg; March 16, 2004 Susp......do  Do.
Grandview Heights, City of, Franklin County390172June 6, 1975, Emerg.; August 15, 1980, Reg; March 16, 2004 Susp......do  Do.
Grove City, City of, Franklin County390173October 15, 1974, Emerg.; May 1, 1984, Reg; March 16, 2004 Susp......do  Do.
Marble Cliff, Village of, Franklin County390896August 2, 1995, Reg; March 16, 2004 Susp......do  Do.
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Obetz, Village of, Franklin County390176March 23, 1978, Emerg.; January 16, 1981, Reg; March 16, 2004 Susp......do  Do.
Upper Arlington, City of, Franklin County390178August 8, 1973, Emerg.; April 15, 1980 Reg; March 16, 2004 Susp......do  Do.
*do=Ditto
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.

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[FR Doc. 04-4544 Filed 3-1-04; 8:45 am]

BILLING CODE 6718-05-P