Suspension of Community Eligibility

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

[Federal Register: October 9, 2001 (Volume 66, Number 195)]
[Rules and Regulations]
[Page 51320-51322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc01-15]

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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7769]

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suspension date given in this rule, the suspension will be withdrawn by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: 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.

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

[[Page 51321]]

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
authorization/ Current Date certain Federal
State and location Community cancellation of sale of effective assistance no longer
No. flood insurance in map date available in special
community flood hazard areas
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Region III
Virginia:
Franklin County., 510061 May 23, 1974, Emerg.; May 10/05/01 10/05/01
Unincorporated Areas.. 19, 1981, Reg. October
5, 2001.
Region II
New York:
Carmel, Town of, Putnam 360669 March 21, 1975, Emerg.; 10/19/01 10/19/01
County.. June 18, 1987, Reg.
October 19, 2001.
Lumberland, Town of, Sullivan 360825 April 21, 1975, Emerg.; do do
County,. February 27, 1984, Reg.
October 19, 2001.
Region III
Pennsylvania:
Green Lane, Borough of, 421902 November 22, 1974, do do
Montgomery County. Emerg., September 2,
1981, Reg. October 19,
2001.
Limerick, Township of, 421912 November 7, 1974, Emerg.; do do
Montgomery County. March 16, 1981, Reg.
October 19, 2001.
Lower Frederick Township of, 420952 January 28, 1974, Emerg.; do do
Montgomery County. September 30, 1977, Reg.
October 19, 2001.
Marlborough, Township of, 421913 August 14, 1974, Emerg.; do do
Montgomery County. September 2, 1981, Reg.
October 19, 2001.
New Hanover, Township of, 421914 August 1, 1974, Emerg.; do do
Montgomery County. September 16, 1981, Reg.
October 19, 2001.
Perkiomen, Township of, 421915 October 29, 1974, Emerg.; do do
Montgomery County. February 3, 1982, Reg.
October 19, 2001.
Salford, Township of, 422497 August 29, 1975, Emerg.; do do
Montgomery County. February 3, 2002, Reg.
October 19, 2001.
Trappe, Borough of, Montgomery 421907 January 20, 1975, Emerg.; do do
County. January 20, 1982, Reg.
October 19, 2001.
Upper Frederick, Township of, 421916 November 15, 1974, do do
Montgomery County. Emerg.; August 17, 1981,
Reg. October 19, 2001.
Upper Merion, Township of, 420957 December 17, 1973, do do
Montgomery County. Emerg.; November 16,
1977, Reg. October 19,
2001.
Region VI
Texas:
Gillespie County, Unicoporated 480696 May 31, 1974, Emerg.; May do do
Areas. 1, 1987, Reg. October
19, 2001.
Region IX
California:
San Mateo, City of San Mateo 060328 December 26, 1974, do do
County. Emerg.; March 6, 1981,
Reg. October 19, 2001.
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[[Page 51322]]

Code for reading third column: Emerg.--Emergency; Reg.--Regular;
Susp.--Suspension.

Dated: September 28, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-25242 Filed 10-5-01; 8:45 am]
BILLING CODE 6718-05-P

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Suspension of Community Eligibility

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