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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: June 24, 2002 (Volume 67, Number 121)]
[Rules and Regulations]
[Page 42501-42504]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn02-13]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7785]
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suspension date given in this rule, the suspension will be withdrawn by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: 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
[[Page 42502]]
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
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/ Date certain Federal
Community cancellation of Current effective map assistance no longer
State and Location No. sale of flood date available in special
insurance in flood hazard areas
community
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Region III
Pennsylvania: Banks, Township 421452 July 25, 1975, June 3, 2002.......... June 3, 2002
of, Carbon County. Emerg.; October
1, 1986, Reg.
June 3, 2002.
Beaver Meadows, Borough of, 420247 August 5, 1975, ......do.............. Do.
Carbon County. Emerg.; June 3,
1986, Reg. June
3, 2002.
Bowmanstown, Borough of, Carbon 420248 July 2, 1975, ......do.............. Do.
County. Emerg.;
September 3,
1982, Reg. June
3, 2002.
Franklin, Township of, Carbon 421014 December 4, 1973, ......do.............. Do.
County. Emerg.; August
1, 1977, Reg.
June 3, 2002.
Jim Thorpe, Borough of, Carbon 420249 August 7, 1973, ......do.............. Do.
County. Emerg.; August
15, 1977, Reg.
June 3, 2002.
Kidder, Township of, Carbon 421453 August 29, 1975, ......do.............. Do.
County. Emerg.; February
2, 1989, Reg.
June 3, 2002.
Lansford, Borough of, Carbon 420250 September 29, ......do.............. Do.
County. 1975, Emerg.;
May 21, 1982,
Reg. June 3,
2002.
Lower Towamensing, Township of, 421455 July 29, 1975, ......do.............. Do.
Carbon County. Emerg.; November
15, 1989, Reg.
June 3, 2002.
[[Page 42503]]
Mahoning, Township of, Carbon 421041 February 1, 1974, ......do.............. Do.
County. Emerg.;
September 29,
1978, Reg. June
3, 2002.
Nesquehoning, Borough of, 420252 April 16, 1974, ......do.............. Do.
Carbon County. Emerg.; July 3,
1990, Reg. June
3, 2002.
Parryville, Borough of, Carbon 420254 December 12, ......do.............. Do.
County. 1973, Emerg.;
March 1, 1978,
Reg. June 3,
2002.
Penn Forest, Township of, 421457 July 9, 1979, ......do.............. Do.
Carbon County. Emerg.; February
2, 1989, Reg.
June 3, 2002.
Summit Hill, Borough of, Carbon 421451 July 23, 1975, ......do.............. Do.
County. Emerg.; December
14, 1979, Reg.
June 3, 2002.
Towamensing, Township of, 421458 July 30, 1975, ......do.............. Do.
Carbon County. Emerg.; November
1, 1986, Reg.
June 3, 2002.
Weissport, Borough of, Carbon 420256 May 30, 1974, ......do.............. Do.
County. Emerg.; February
2, 1990, Reg.
June 3, 2002.
Region I
Connecticut: Enfield, Town of, 090028 April 4, 1974, June 17, 2002......... June 17, 2002
Hartford County. Emerg.; March
28, 1980, Reg.
June 17, 2002.
Maine: York, Town of, York 230159 January 14, 1972, ......do.............. Do.
County. Emerg.; November
2, 1973, Reg.
June 17, 2002.
Region II
New Jersey: Jay, Town of, Essex 360265 February 13, ......do.............. Do.
County. 1976, Emerg.;
August 15, 1983,
Reg. June 17,
2002.
Region III
West Virginia: Alderson, Town 540041 March 7, 1975, ......do.............. Do.
of, Monroe and Greenbrier Emerg.;
Counties. September 27,
1991, Reg. June
17, 2002.
Monroe County, Unincorporated 540278 October 26, 1976, ......do.............. Do.
Areas. Emerg.; January
14, 1983, Reg.
June 17, 2002.
Peterstown, Town of, Monroe 540143 November 27, ......do.............. Do.
County. 1974, Emerg.;
August 1, 1979,
Reg. June 17,
2002.
Region V
Minnesota: Blaine, City of, 270007 June 11, 1974, ......do.............. Do.
Anoka County. Emerg.; November
15, 1979, Reg.
June 17, 2002.
Region VII
Kansas: Countryside, City of, 200160 August 21, 1975, ......do.............. Do.
Johnson County. Emerg.; June 30,
1976, Reg. June
17, 2002.
DeSoto, City of, Johnson County 200161 May 16, 1975, ......do.............. Do.
Emerg.; August
1, 1979, Reg.
June 17, 2002.
Edgerton, City of, Johnson 200162 January 12, 1976, ......do.............. Do.
County. Emerg.; August
1, 1979, Reg.
June 17, 2002.
Fairway, City of, Johnson 205185 June 12, 1970, ......do.............. Do.
County. Emerg.; April
23, 1971, Reg.
June 17, 2002.
Gardner, City of, Johnson 200164 June 25, 1975, ......do.............. Do.
County. Emerg.; April
15, 1977, Reg.
June 17, 2002.
Johnson County, Unincorporated 200159 September 17, ......do.............. Do.
Areas. 1979, Emerg.;
August 15, 1980,
Reg. June 17,
2002.
Lake Quivira, City of, Johnson 200166 July 23, 1975, ......do.............. Do.
County. Emerg.; July 26,
1977, Reg. June
17, 2002.
Leawood, City of, Johnson 200167 September 1, ......do.............. Do.
County. 1972, Emerg.;
September 30,
1977, Reg. June
17, 2002.
Lenexa, City of, Johnson County 200168 June 12, 1975, ......do.............. Do.
Emerg.; August
1, 1977, Reg.
June 17, 2002.
Merriam, City of, Johnson 200169 April 14, 1975, ......do.............. Do.
County. Emerg.; May 15,
1978, Reg. June
17, 2002.
Mission, City of, Johnson 200170 May 23, 1975, ......do.............. Do.
County. Emerg.; May 15,
1978, Reg. June
17, 2002.
Mission Hills, City of, Johnson 200171 May 7, 1975, ......do.............. Do.
County. Emerg.;
September 29,
1978, Reg. June
17, 2002.
Olathe, City of, Johnson County 200173 January 19, 1973, ......do.............. Do.
Emerg.; November
15, 1978, Reg.
June 17, 2002.
Overland Park, City of, Johnson 200174 September 8, ......do.............. Do.
County. 1972, Emerg.;
September 30,
1977, Reg. June
17, 2002.
Prairie Village, City of, 200175 March 26, 1975, ......do.............. Do.
Johnson County. Emerg.;
September 29,
1978, Reg. June
17, 2002.
Roeland Park, City of, Johnson 200176 November 7, 1975, ......do.............. Do.
County. Emerg.; June 30,
1976, Reg. June
17, 2002.
[[Page 42504]]
Shawnee, City of, Johnson 200177 February 24, ......do.............. Do.
County. 1975, Emerg.;
November 15,
1978, Reg. June
17, 2002.
Westwood, City of, Johnson 200179 July 27, 1975, ......do.............. Do.
County. Emerg.; June 25,
1976, Reg. June
17, 2002.
Westwood Hills, City of, 200180 September 4, ......do.............. Do.
Johnson County. 1975, Emerg.;
August 3, 1984,
Reg. June 17,
2002.
Region VIII
Montana: Lewis and Clark 300038 August 26, 1975, ......do.............. Do.
County, Unincorporated Areas. Emerg.; April 1,
1981, Reg. June
17, 2002.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 10, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration and Mitigation
Administration.
[FR Doc. 02-15812 Filed 6-21-02; 8:45 am]
BILLING CODE 6718-05-P