[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Rules and Regulations]
[Pages 78108-78110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31903]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7749]


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suspension date given in this rule, the suspension will be withdrawn by 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, Branch Chief, 
Policy, Assessment and Outreach 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

[[Page 78109]]

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:

                                        64.6 List of eligible communities
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                                                                                                         Date
                                                                                                       certain
                                                                                                       Federal
                                                                                                      assistance
                                           Community    Effective date authorization/     Current     no longer
           State and location                 No.       cancellation of sale of flood    effective    available
                                                            insurance in community        map date    in special
                                                                                                        flood
                                                                                                      hazardous
                                                                                                        areas
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                Region II
    New York: Brunswick, town of,              361130  January 14, 1993, Emerg.,           12-06-00     12-06-00
     Rensselaer County.                                 August 26, 1977, Reg.,
                                                        December 6, 2000.
               Region III
    Pennsylvania: New Kensington, city         420891  September 29, 1978, Emerg.,         12-06-00     12-06-00
     of, Westmoreland County.                           June 14, 1973, Reg., December
                                                        6, 2000.
                Region IV
    Florida: Apopka, city of, Orange           120180  June 17, 1975, Emerg.,              12-06-00     12-06-00
     County.                                            September 29, 1978, Reg.,
                                                        December 6, 2000.
    Eatonville, town of, Orange County..       120182  March 31, 1975, Emerg.,             12-06-00     12-06-00
                                                        Demember 01, 1978, Reg.,
                                                        December 6, 2000.
    Maitland, city of, Orange County....       120184  October 10, 1974, Emerg.,           12-06-00     12-06-00
                                                        September 5, 1979, Reg.,
                                                        December 6, 2000.
    Windermere, town of, Orange County..       120381  November 2, 1979, Emerg.,           12-06-00     12-06-00
                                                        December 18, 1984, Reg.,
                                                        December 6, 2000.
    Winter Park, city of, Orange County.       120188  May 28, 1974, Emerg., November      12-06-00     12-06-00
                                                        15, 1979, Reg., December 6,
                                                        2000.
                Region X
    Washington: North Bonneville, city         530256  April 8, 1983, Emerg., May 28,      12-06-00     12-06-00
     of, Skamania County.                               1984, Reg., December 6, 2000.
                Region I
    Massachusetts: Braintree, town of,         250233  November 10, 1972, Emerg., June     12-06-00     12-06-00
     Norfolk County.                                    1, 1978, Reg., December 6,
                                                        2000.

[[Page 78110]]

 
                Region II
    New Jersey: Mantoloking, borough of,       340383  January 14, 1972, Emerg.,           12-06-00    12-06-00
     Ocean County.                                      September 30, 1977, Reg.,
                                                        December 6, 2000.
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Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.


    Dated: December 6, 2000.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 00-31903 Filed 12-13-00; 8:45 am]
BILLING CODE 6718-05-P