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Suspension of Community Eligibility
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 14, 2000 (Volume 65, Number 241)]
[Rules and Regulations]
[Page 78108-78110]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de00-17]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7749]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, FEMA.
ACTION: Final rule.
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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suspension date given in this rule, the suspension will be withdrawn by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, Branch Chief,
Policy, Assessment and Outreach Division, 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
[[Page 78109]]
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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
64.6 List of eligible communities
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Date
certain
Federal
assistance
Community Effective date authorization/ Current no longer
State and location No. cancellation of sale of flood effective available
insurance in community map date in special
flood
hazardous
areas
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Region II
New York: Brunswick, town of, 361130 January 14, 1993, Emerg., 12-06-00 12-06-00
Rensselaer County. August 26, 1977, Reg.,
December 6, 2000.
Region III
Pennsylvania: New Kensington, city 420891 September 29, 1978, Emerg., 12-06-00 12-06-00
of, Westmoreland County. June 14, 1973, Reg., December
6, 2000.
Region IV
Florida: Apopka, city of, Orange 120180 June 17, 1975, Emerg., 12-06-00 12-06-00
County. September 29, 1978, Reg.,
December 6, 2000.
Eatonville, town of, Orange County.. 120182 March 31, 1975, Emerg., 12-06-00 12-06-00
Demember 01, 1978, Reg.,
December 6, 2000.
Maitland, city of, Orange County.... 120184 October 10, 1974, Emerg., 12-06-00 12-06-00
September 5, 1979, Reg.,
December 6, 2000.
Windermere, town of, Orange County.. 120381 November 2, 1979, Emerg., 12-06-00 12-06-00
December 18, 1984, Reg.,
December 6, 2000.
Winter Park, city of, Orange County. 120188 May 28, 1974, Emerg., November 12-06-00 12-06-00
15, 1979, Reg., December 6,
2000.
Region X
Washington: North Bonneville, city 530256 April 8, 1983, Emerg., May 28, 12-06-00 12-06-00
of, Skamania County. 1984, Reg., December 6, 2000.
Region I
Massachusetts: Braintree, town of, 250233 November 10, 1972, Emerg., June 12-06-00 12-06-00
Norfolk County. 1, 1978, Reg., December 6,
2000.
[[Page 78110]]
Region II
New Jersey: Mantoloking, borough of, 340383 January 14, 1972, Emerg., 12-06-00 12-06-00
Ocean County. September 30, 1977, Reg.,
December 6, 2000.
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Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.
Dated: December 6, 2000.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 00-31903 Filed 12-13-00; 8:45 am]
BILLING CODE 6718-05-P