[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Rules and Regulations]
[Pages 24512-24515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11529]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7713]


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suspension date given in this rule, the suspension will be withdrawn by 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: Robert F. Shea Jr., Division Director, 
Program Support Division, Mitigation Directorate, 500 C Street, SW., 
Room 417, Washington, DC 20472, (202) 646-3619.

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

[[Page 24513]]

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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                                                                                                 Date certain
                                                                                              Federal assistance
        State/location           Community      Effective date of     Current effective map  no longer available
                                    No.            eligibility                date             in special flood
                                                                                                 hazard areas
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           Region V
 
Michigan: Ionia, township of,        260832  Jan. 22, 1991, Emerg;   May 2, 1999...........  May 2, 1999.
 Ionia County.                                May 2, 1999, Reg; May
                                              2, 1999, Susp.
 
           Region VI
 
Oklahoma:
    Pryor Creek, city of,            400117  Apr. 21, 1975, Emerg;   May 4, 1999...........  May 4, 1999.
     Mayes County.                            July 16, 1987, Reg;
                                              May 4, 1999, Susp.
    Mayes County,                    400458  Apr. 8, 1987, Emerg;    ......do..............      Do.
     unincorporated areas.                    Dec. 1, 1989, Reg;
                                              May 4, 1999, Susp.
 
           Region IX
 
California: Los Angeles, city        060137  June 19, 1970, Emerg;   ......do..............      Do.
 of, Los Angeles County.                      Dec. 2, 1980, Reg;
                                              May 4, 1999, Susp.
 
           Region II
 
New York:
    Camillus, village of,            360571  July 17, 1974, Emerg;   May 18, 1999..........  May 18, 1999.
     Onondaga County.                         Aug. 3, 1981, Reg;
                                              May 18, 1999, Susp.
    Camillus, town of,               360570  July 23, 1975, Emerg;   ......do..............      Do.
     Onondaga County.                         June 15, 1981, Reg;
                                              May 18, 1999, Susp.
 
          Region III
 
Pennsylvania:
    Bedminster, township of,         421049  Feb. 5, 1976, Emerg;    ......do..............      Do.
     Bucks County.                            Dec. 1, 1983, Reg;
                                              May 18, 1999, Susp.
    Bensalem, township of,           420181  Dec. 15, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            July 17, 1978, Reg;
                                              May 18, 1999, Susp.
    Bridgeton, township of,          420182  Dec. 10, 1971, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 30, 1977, Reg;
                                              May 18, 1999, Susp.
    Bristol, township of,            420984  Nov. 10, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 29, 1978, Reg;
                                              May 18, 1999, Susp.
    Buckingham, township of,         420985  Jan. 15, 1974, Emerg;   ......do..............      Do.
     Bucks County.                            Mar. 15, 1979, Reg;
                                              May 18, 1999, Susp.
    Chalfont, borough of,            420184  Feb. 25, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Dec. 28, 1976, Reg;
                                              May 18, 1999, Susp.
    Doylestown, township of,         420185  Dec. 22, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 29, 1978, Reg;
                                              May 18, 1999, Susp.
    Durham, township of, Bucks       420186  Sept. 8, 1972, Emerg;   ......do..............      Do.
     County.                                  Aug. 15, 1978, Reg;
                                              May 18, 1999, Susp.
    East Rockhill, township          420187  Jan. 26, 1973, Emerg;   ......do..............      Do.
     of, Bucks County.                        Aug. 1, 1977, Reg;
                                              May 18, 1999, Susp.
    Falls, township of, Bucks        420188  July 21, 1972, Emerg;   ......do..............      Do.
     County.                                  Sept. 30, 1980, Reg;
                                              May 18, 1999, Susp.
    Haycock, township of,            421127  July 28, 1975, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 3, 1980, Reg;
                                              May 18, 1999, Susp.
    Hilltown, township of,           420189  Oct. 6, 1972, Emerg;    ......do..............      Do.
     Bucks County.                            Jan. 30, 1981, Reg;
                                              May 18, 1999, Susp.

[[Page 24514]]

 
    Hulmeville, borough of,          420190  Aug. 16, 1973, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 30, 1977, Reg;
                                              May 18, 1999, Susp.
    Langhorne, borough of,           421074  Jan. 24, 1975, Emerg;   ......do..............      Do.
     Bucks County.                            July 2, 1980, Reg;
                                              May 18, 1999, Susp.
    Lower Makefield, township        420191  Dec. 1, 1972, Emerg;    ......do..............      Do.
     of, Bucks County.                        Sept. 30, 1977, Reg;
                                              May 18, 1999, Susp.
    Lower Southampton,               420192  Sept. 15, 1972, Emerg;  ......do..............      Do.
     township of, Bucks County.               Mar. 15, 1977, Reg;
                                              May 18, 1999, Susp.
    Milford, township of,            422337  June 17, 1975, Emerg;   ......do..............      Do.
     Bucks County.                            June 1, 1982, Reg;
                                              May 18, 1999, Susp.
    Morrisville, borough of,         420194  Sept. 1, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 30, 1977, Reg;
                                              May 18, 1999, Susp.
    New Britain, borough of,         420986  Dec. 6, 1973, Emerg;    ......do..............      Do.
     Bucks County.                            April 2, 1979, Reg;
                                              May 18, 1999, Susp.
    New Hope, borough of,            420195  Jan. 19, 1973, Emerg;   ......do..............      Do.
     Bucks County.                            Dec. 15, 1977, Reg;
                                              May 18, 1999, Susp.
    Newtown, borough of, Bucks       420196  Feb. 5, 1975, Emerg;    ......do..............      Do.
     County.                                  Dec. 18, 1979, Reg;
                                              May 18, 1999, Susp.
    Newtown, township of,            421084  Mar. 16, 1999, Emerg;   ......do..............      Do.
     Bucks County.                            Dec. 18, 1979, Reg;
                                              May 18, 1999, Susp.
    Nockamixon, township of,         420197  Feb. 2, 1973, Emerg;    ......do..............      Do.
     Bucks County.                            Nov. 2, 1977, Reg;
                                              May 18, 1999, Susp.
    Northampton, township of,        420988  Sept. 26, 1973, Emerg;  ......do..............      Do.
     Bucks County.                            Feb. 15, 1980, Reg;
                                              May 18, 1999, Susp.
    Perkasie, borough of,            420198  Sept. 8, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Mar. 1, 1977, Reg;
                                              May 18, 1999, Susp.
    Plumstead, township of,          420199  Feb. 25, 1973, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 29, 1978, Reg;
                                              May 18, 1999, Susp.
    Quakertown, borough of,          420200  Feb. 2, 1973, Emerg;    ......do..............      Do.
     Bucks County.                            July 5, 1977, Reg;
                                              May 18, 1999, Susp.
    Richland, township of,           421095  May 15, 1974, Emerg;    ......do..............      Do.
     Bucks County.                            June 15, 1981, Reg;
                                              May 18, 1999, Susp.
    Riegelsville, borough of,        420201   Aug. 25, 1972, Emerg;  ......do..............      Do.
     Bucks County.                            Apr. 17, 1978, Reg;
                                              May 18, 1999, Susp.
    Sellersville, borough of,        420203  July 9, 1973, Emerg;    ......do..............      Do.
     Bucks County.                            Feb. 15, 1978, Reg;
                                              May 18, 1999, Susp.
    Silverdale, borough of,          422338  Feb. 17, 1977, Emerg;   ......do..............      Do.
     Bucks County.                            Jan. 5, 1984, Reg;
                                              May 18, 1999, Susp.
    Solebury, township of,           420202  Oct. 29, 1971, Emerg;   ......do..............      Do.
     Bucks County.                            Apr. 15, 1977, Reg;
                                              May 18, 1999, Susp.
    Springfield, township of,        420204  June 14, 1973, Emerg;   ......do..............      Do.
     Bucks County.                            Jan. 3, 1979, Reg;
                                              May 18, 1999, Susp.
    Tinicum, township of,            420205  Nov. 12, 1971, Emerg;   ......do..............      Do.
     Bucks County.                            Feb. 1, 1979, Reg;
                                              May 18, 1999, Susp.
    Tullytown, borough of,           420206  Aug. 15, 1974, Emerg;   ......do..............      Do.
     Bucks County.                            Feb. 1, 1980, Reg;
                                              May 18, 1999, Susp.
    Upper Makefield, township        420207  Dec. 3, 1971, Emerg;    ......do..............      Do.
     of, Bucks County.                        Oct. 17, 1978, Reg;
                                              May 18, 1999, Susp.
    Upper Southampton,               420989  Oct. 4, 1973, Emerg;    ......do..............      Do.
     township of, Bucks County.               Apr. 3, 1978, Reg;
                                              May 18, 1999, Susp.
    Warminster, township of,         420990  Oct. 4, 1973, Emerg;    ......do..............      Do.
     Bucks County.                            Mar. 1, 1978, Reg;
                                              May 18, 1999, Susp.
    Warrington, township of,         420208  Aug. 18, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 29, 1978, Reg;
                                              May 18, 1999. Susp.
    Warwick, township of,            420209  Feb. 18, 1972, Emerg;   ......do..............      Do.
     Bucks County.                            Sept. 29, 1978. Reg;
                                              May 18, 1999, Susp.
    West Rockhill, township          421123  June 1, 1979, Emerg;    ......do..............      Do.
     of, Bucks County.                        July 5, 1984, Reg;
                                              May 18, 1999, Susp.
    Wrightstown, township of,        421045  Feb. 5, 1974, Emerg;    ......do..............      Do.
     Bucks County.                            Aug. 15, 1978, Reg;
                                              May 18, 1999, Susp.
    Yardley, borough of, Bucks       420210  Dec. 10, 1971, Emerg;   ......do..............      Do.
     County.                                  Aug. 1, 1977, Reg;
                                              May 18, 1999, Susp.
 
           Region VI
 
Arkansas: Clarksville, city          050112  June 26, 1975, Emerg;   ......do..............      Do.
 of, Johnson County.                          Sept. 30, 1982, Reg;
                                              May 18, 1999, Susp.
Texas: Chambers County,              480119  July 10, 1975, Emerg;   ......do..............      Do.
 unincorporated areas.                        June 15, 1983, Reg;
                                              May 18, 1999, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.


[[Page 24515]]

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Issued: April 28, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-11529 Filed 5-6-99; 8:45 am]
BILLING CODE 6718-04-P