Suspension of Community Eligibility

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

[Federal Register: April 4, 2002 (Volume 67, Number 65)]
[Rules and Regulations]
[Page 16030-16032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap02-13]

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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7781]

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suspension date given in this rule, the suspension will be withdrawn by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

[[Page 16031]]

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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Date certain
Federal
Current assistance no
State and location Community No. Effective date authorization/cancellation of sale of flood insurance effective longer
in community map date available in
special flood
hazard areas
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Region II:
New York: Port Jervis, City 360976 December 26, 1973 Emerg.; June 1, 1978, Reg. April 2, 2002 4/2/02 4/2/02
of, Orange County.
Region III:
Pennsylvania: Langhorne, 421074 January 24, 1975, Emerg.; July 2, 1980, Reg. April 2, 2002 -do- -do-
Borough of, Bucks County.
Region I:
Connecticut: Chesire, Town 090074 March 13, 1975, Emerg.; July 16, 1981, Reg. April 15, 2002 4/15/02 4/15/02
of, New Haven County.
Southington, Town of, 090037 July 3, 1975, Emerg.; July 16, 1981, Reg. April 15, 2002 -do- -do-
Hartford County.
Region II:
New Jersey: Madison, Borough 340347 December 3, 1971, Emerg.; July 16, 1979, Reg. April 15, 2002 -do- -do-
of, Morris County.
New York: Kiryas Joel, 361610 August 31, 1994, Emerg.; April 15, 2002 -do- -do-
Village of, Orange County.
Region IV
Florida: South Daytona, City 120314 June 18, 1971, Emerg.; October 3, 1976, Reg. April 15, 2002 -do- -do-
of, Volusia County.
Tennessee: Selmer, City of 470132 February 14, 1975, Emerg.; June 4, 1987, Reg. April 15, 2002 -do- -do-
McNairy County.
Region VI:
Texas: Jonestown, City of, 481597 January 29, 1976, Emerg.; April 1, 1982, Reg. April 15, 2002 -do- -do-
Travis County.
Lago Vista, City of, Travis 481588 January 29, 1976, Emerg.; April 1, 1982, Reg. April 15, 2002 -do- -do-
County.
Lakeway, City of, Travis 481303 June 27, 1977, Emerg.; November 5, 1980, Reg. April 15, 2002 -do- -do-
County.
Travis County, Unincorporated 481026 January 29, 1976, Emerg.; April 1, 1982, Reg. April 15, 2002 -do- -do-
Areas.
Region X:
Idaho: Oregon: Warm Springs 410291 August 11, 1997, Emerg.; April 15, 2002 -do- -do-
Indian Reservation.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[[Page 16032]]

Dated: March 25, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration and Mitigation
Administration.
[FR Doc. 02-7881 Filed 4-3-02; 8:45 am]
BILLING CODE 6718-05-P

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Suspension of Community Eligibility

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