Suspension of Community Eligibility

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 13, 2001 (Volume 66, Number 72)]
[Rules and Regulations]
[Page 19095-19097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap01-13]

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7759]

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suspension date given in this rule, the suspension will be withdrawn by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, Division Director,
Policy and Assessment 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 the FIRM if one has been
published, is indicated in the fourth column of the

[[Page 19096]]

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:

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Effective date Date certain
authorization/ Federal assistance
State and Location Community cancellation of sale of Current Effective no longer available
No. flood insurance in Map Date in special flood
community hazard areas
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Region III:
Pennsylvania: Bethlehem, city 420718 September 1, 1972, ......do........... Do.
of, Northampton County. Emerg., July 3, 1978,
Reg. April 6, 2001,
Susp..
East Allen, township of, 420981 October 19, 1973, ......do........... Do.
Northampton County. Emerg., February 11,
1983, Reg. April 6,
2001, Susp.
Easton, city of, Northampton 425383 June 18, 1971, Emerg., ......do........... Do.
County. October 17, 1978, Reg.
April 6, 2001, Susp..
Freemansburg, borough of, 420721 March 30, 1973, Emerg., ......do........... Do.
Northampton County. September 1, 1977, Reg.
April 6, 2001, Susp.
Glendon, borough of, 422254 August 7, 1975, Emerg., ......do........... Do.
Northampton County. January 16, 1980, Reg.
April 6, 2001, Susp.
Lower Nazareth, township of, 422253 January 3, 1977, Emerg., ......do........... Do.
Northampton County. May 4, 1988, Reg. April
6, 2001, Susp.
Lower Saucon, township of, 420982 January 30, 1974, ......do........... Do.
Northampton County. Emerg., September 28,
1979, Reg. April 6,
2001, Susp.
North Catasauqua, borough of, 420727 May 9, 1975, Emerg., ......do........... Do.
Northampton County. July 16, 1981, Reg.
April 6, 2001, Susp.
Northampton, borough of, 420726 February 1, 1974, ......do........... Do.
Northampton County. Emerg., May 3, 1982,
Reg. April 6, 2001,
Susp.
Pen Argyl, borough of, 421926 December 26, 1974, ......do........... Do.
Northampton County. Emerg., June 25, 1976,
Reg. April 6, 2001,
Susp.
Stockertown, borough of, 420730 August 25, 1975, Emerg., ......do........... Do.
Northampton County. December 4, 1979, Reg.
April 6, 2001, Susp.
Washington, township of, 421156 April 15, 1974, Emerg., ......do........... Do.
Northampton County. September 30, 1988,
Reg. April 6, 2001,
Susp.
West Easton, borough of, 420733 July 9, 1973, Emerg., ......do........... Do.
Northampton County. March 1, 1979, Reg.
April 6, 2001, Susp.

Region V:
Wisconsin: Baraboo, city of, 550392 June 1, 1973, Emerg., ......do........... Do.
Sauk County. August 1, 1979, Reg.
April 6, 2001, Susp.

[[Page 19097]]

Lake Delton, village of, Sauk 550394 February 19, 1975, ......do........... Do.
County. Emerg., September 4,
1985, Reg. April 6,
2001, Susp.
LaValle, village of, Sauk 550395 March 5, 1975, Emerg., ......do........... Do.
County. September 19, 1984,
Reg. April 6, 2001,
Susp.
Lime Ridge, village of, Sauk 550396 September 1, 1987, Reg., ......do........... Do.
County. April 6, 2001, Susp.
Loganville, village of, Sauk 550397 February 19, 1976, ......do........... Do.
County. Emerg., February 15,
1985, Reg. April 6,
2001, Susp.
Merrimac, village of, Sauk 550398 March 27, 1975, Emerg., ......do........... Do.
County. March 7, 2001, Reg.
April 6, 2001, Susp.
North Freedom, village of, 550399 April 22, 1975, Emerg., ......do........... Do.
Sauk County. September 19, 1984,
Reg. April 6, 2001,
Susp.
Plain, village of, Sauk County 550400 December 23, 1974, ......do........... Do.
Emerg., September 30,
1988, Reg. April 6,
2001, Susp.
Reedsburg, city of, Sauk 550402 May 21, 1975, Emerg., ......do........... Do.
County. March 4, 1985, Reg.
April 6, 2001, Susp.
Rock Springs, village of, Sauk 550403 April 30, 1975, Emerg., ......do........... Do.
County. September 18, 1985,
Reg. April 6, 2001,
Susp.
Sauk City, village of, Sauk 550404 May 7, 1975, Emerg., ......do........... Do.
County. March 7, 2001, Reg.
April 6, 2001, Susp.
Sauk County, unincorporated 550391 September 7, 1973, ......do........... Do.
areas. Emerg., September 17,
1980, Reg. April 6,
2001, Susp.
Spring Green, village of, Sauk 550405 August 27, 1975, Emerg., ......do........... Do.
County. February 1, 1986, Reg.
April 6, 2001, Susp.
West Baraboo, village of, Sauk 550407 July 24, 1975, Emerg., ......do........... Do.
County. September 19, 1984,
Reg. April 6, 2001,
Susp.
Wisconsin Dells, city of, Sauk 550065 July 17, 1975, Emerg., ......do........... Do.
and Columbia Counties. December 18, 1984, Reg.
April 6, 2001, Susp.
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Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.

Dated: April 4, 2001.
Margaret E. Lawless,
Acting Executive Associate, Director for Mitigation.
[FR Doc. 01-9173 Filed 4-12-01; 8:45 am]
BILLING CODE 6718-05-P

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Suspension of Community Eligibility

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