[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54718-54721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27208]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7771]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 54719]]

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
----------------------------------------------------------------------------------------------------------------
           Region I
 
Maine:
    Dixfield, Town of, Oxford        230092  June 23, 1975,   November 11, 2001.......  November 21, 2001.
     County.                                  Emerg.; March
                                              4, 1985, Reg.
                                              November 7,
                                              2001.
    Greenville, Town of,             230409  July 17, 1975,   ......do................      Do.
     Piscataquis County.                      Emerg.; March
                                              4, 1987, Reg.
                                              November 7,
                                              2001.
    Kingfield, Town of,              230058  August 21,       ......do................      Do.
     Franklin County.                         1975, Emerg.;
                                              June 5, 1989,
                                              Reg. November
                                              7, 2001.
 
          Region II
 
New York:
    Larchmont, Village of,           360915  February 4,      ......do................      Do.
     Westchester County.                      1972, Emerg.;
                                              September 1,
                                              1977, Reg.
                                              November 7,
                                              2001.
    Utica, City of, Oneida           360558  October 2,       ......do................      Do.
     County.                                  1974, Emerg.;
                                              February 1,
                                              1984, Reg.
                                              November 7,
                                              2001.
 
          Region III
Pennsylvania:
    Alburtis, Borough of,            420584  August 7, 1975,  ......do................      Do.
     Lehigh County.                           Emerg.;
                                              December 15,
                                              1978, Reg.
                                              November 7,
                                              2001.
    Allentown, City of,              420585  October 15,      ......do................      Do.
     Lehigh County.                           1971, Emerg.;
                                              June 1, 1982,
                                              Reg. November
                                              7, 2001.
    Catasauqua, Borough of,          420586  December 3,      ......do................      Do.
     Lehigh County.                           1971, Emerg.;
                                              November 1,
                                              1979, Reg.
                                              November 7,
                                              2001.
    Coopersburg, Borough of,         420587  January 12,      ......do................      Do.
     Lehigh County.                           1977, Emerg.;
                                              July 30, 1982,
                                              Reg. November
                                              7, 2001.
    Coplay, Borough of,              421807  October 14,      ......do................      Do.
     Lehigh County.                           1975, Emerg.;
                                              June 25, 1976,
                                              Reg. November
                                              7, 2001.
    Emmaus, Borough of,              420588  July 26, 1973,   ......do................      Do.
     Lehigh County.                           Emerg.;
                                              September 1,
                                              1977, Reg.
                                              November 7,
                                              2001.
    Fountain Hill, Borough           421808  July 31, 1975,   ......do................      Do.
     of, Lehigh County.                       Emerg.; May
                                              15, 1986, Reg.
                                              November 7,
                                              2001.
    Hanover, Township of,            422261  July 2, 1974,    ......do................      Do.
     Lehigh County.                           Emerg.;
                                              January 6,
                                              1982, Reg.
                                              November 7,
                                              2001.
    Heidelberg, Township of,         421809  February 21,     ......do................      Do.
     Lehigh, County.                          1975, Emerg.;
                                              June 15, 1981,
                                              Reg. November
                                              7, 2001.
    Lower Macungie, Township         420589  September 29,    ......do................      Do.
     of, Lehigh County.                       1972, Emerg.;
                                              February 2,
                                              1977, Reg.
                                              November 7,
                                              2001.
    Lower Milford, Township          421039  February 1,      ......do................      Do.
     of, Lehigh County.                       1974, Emerg.;
                                              April 17,
                                              1978, Reg.
                                              November 7,
                                              2001.
    Lowhill, Township of,            421811  March 1, 1977,   ......do................      Do.
     Lehigh County.                           Emerg.;
                                              October 15,
                                              1985, Reg.
                                              November 7,
                                              2001.

[[Page 54720]]

 
    Lynn, Township of, Lehigh        421812  July 21, 1976,   ......do................      Do.
     County.                                  Emerg.;
                                              September 30,
                                              1987, Reg.
                                              November 7,
                                              2001.
    Macungie, Borough of,            420590  April 18, 1974,  ......do................      Do.
     Lehigh County.                           Emerg.; April
                                              15, 1980, Reg.
                                              November 7,
                                              2001.
    North Whitehall, Township        421813  July 26, 1974,   ......do................      Do
     of, Lehigh County.                       Emerg.;
                                              September 30,
                                              1981, Reg.
                                              November 7,
                                              2001.
    Salisbury, Township of,          420591  April 22, 1975,  ......do................      Do.
     Lehigh County.                           Emerg.;
                                              September 24,
                                              1984, Reg.
                                              November 7,
                                              2001.
    Slatington, Borough of,          420592  June 4, 1975,    ......do................      Do.
     Lehigh County.                           Emerg.; March
                                              16, 1981, Reg.
                                              November 7,
                                              2001.
    South Whitehall, Township        420593  January 26,      ......do................      Do.
     of, Lehigh County.                       1973, Emerg.;
                                              February 1,
                                              1978, Reg.
                                              November 7,
                                              2001.
    Upper Macungie, Township         421044  February 12,     ......do................      Do.
     of, Lehigh County.                       1974, Emerg.;
                                              April 2, 1979,
                                              Reg. November
                                              7, 2001.
    Upper Milford, Township          421815  October 10,      ......do................      Do.
     of, Lehigh County.                       1974, Emerg.;
                                              May 19, 1981,
                                              Reg. November
                                              7, 2001.
    Upper Saucon, Township           420594  February 25,     ......do................      Do.
     of, Lehigh County.                       1972, Emerg.;
                                              July 15, 1977,
                                              Reg. November
                                              7, 2001.
    Washington, Township of,         421816  August 21,       ......do................      Do.
     Lehigh County.                           1974, Emerg.;
                                              April 15,
                                              1981, Reg.
                                              November 7,
                                              2001.
    Weisenberg, Township of,         421817  February 3,      ......do................      Do.
     Lehigh County.                           1976, Emerg.;
                                              October 15,
                                              1985, Reg.
                                              November 7,
                                              2001.
    Whitehall, Township of,          420595  April 30, 1974,  ......do................      Do.
     Lehigh County.                           Emerg.;
                                              October 28,
                                              1977, Reg.
                                              November 7,
                                              2001.
 
          Region IV
 
    Edisto Beach, Town of,           455414  March 19, 1971,  ......do................      Do.
     Colleton County.                         Emerg.; April
                                              9, 1971, Reg.
                                              November 7,
                                              2001.
    Walterboro, City of,             450058  April 2, 1975,   .....do.................      Do.
     Colleton County.                         Emerg.; April
                                              17, 1987, Reg.
                                              November 7,
                                              2001.
    Williams, Town of,               450059  February 3,      ......do................      Do.
     Colleton County.                         1976, Emerg.;
                                              July 17, 1986,
                                              Reg. November
                                              7, 2001.
 
          Region VI
 
Texas:
    Fort Bend County,                480228  March 19, 1987,  ......do................      Do.
     Unincorporated Areas.                    Reg.; November
                                              7, 2001.
    Wharton County,                  480652  February 27,     ......do................      Do.
     Unincorporated Areas.                    1987, Reg.;
                                              November 7,
                                              2001.
 
          Region VII
 
Kansas:
    Baldwin, City of, Douglas        200088  June 23, 1975,   ......do................      Do.
     County.                                  Emerg.;
                                              January 2,
                                              1980, Reg.
                                              November 7,
                                              2001.
    Douglas County,                  200087  May 30, 1975,    ......do................      Do.
     Unincorporated Areas.                    Emerg.; March
                                              2, 1981, Reg.
                                              November 7,
                                              2001.
    Eudora, City of, Douglas         200089  June 12, 1975,   ......do................      Do.
     County.                                  Emerg.;
                                              January 16,
                                              1981, Reg.
                                              November 7,
                                              2001.
    Lawrence, City of,               200090  June 15, 1973,   ......do................      Do.
     Douglas County.                          Emerg.; March
                                              2, 1981, Reg.
                                              November 7,
                                              2001.
    Lecompton, City of,              200091  July 2, 1975,    ......do................      Do
     Douglas County.                          Emerg.; March
                                              15, 1979,
                                              November 7,
                                              2001.
 
           Region I
 
Vermont:
    Wells, Town of, Rutland          500271  June 25, 1975,   November 21, 2001.......  November 21, 2001.
     County.                                  Emerg.; June
                                              15, 1988, Reg.
                                              November 21,
                                              2001.
 
          Region III
 
New Jersey:
    Berkeley Heights,                340459  December 30,     ......do................      Do.
     Township of, Union                       1971, Emerg.;
     County.                                  March 1, 1978,
                                              Reg. November
                                              21, 2001.
 
           Region V
 
Ohio:
    Adams County                     390001  March 14, 1978,  ......do................      Do.
     Unincorporated Areas.                    Emerg.;
                                              November 21,
                                              2001, Reg.
    Manchester, Village of,          390002  October 25,      ......do................      Do.
     Adams County.                            1974, Emerg.;
                                              August 1,
                                              1978, Reg.
                                              November 21,
                                              2001.
    Aberdeen, Village of,            390675  July 2, 1975,    ......do................      Do.
     Brown County.                            Emerg.; August
                                              15, 1983, Reg.
                                              November 21,
                                              2001.

[[Page 54721]]

 
    Brown County,                    390034  May 9, 1977,     ......do................      Do.
     Unincorporated Areas                     Emerg.;
     County.                                  November 21,
                                              2001, Reg.
    Higginsport, Village of,         390677  January 29,      ......do................      Do.
     Brown County.                            1976, Emerg.;
                                              September 15,
                                              1983, Reg.
                                              November 21,
                                              2001.
    Mount Orab, Village of,          390621  January 16,      ......do................      Do.
     Brown County.                            2001, Emerg.;
                                              November 21,
                                              2001, Reg.
    Ripley, Village of, Brown        390036  June 12, 1975,   ......do................      Do.
     County.                                  Emerg.; July
                                              18, 1983, Reg.
                                              November 21,
                                              2001.
    Rome, Village of, Brown          390003  February 16,     ......do................      Do.
     County.                                  1977, Emerg.;
                                              October 18,
                                              1983, Reg.
                                              November 21,
                                              2001.
 
          Region VI
 
Oklahoma:
    Logan County,                    400096  October 26,      .....do.................      Do.
     Unincorporated Areas.                    1984, Emerg.;
                                              December 5,
                                              1989, Reg.
                                              November 21,
                                              2001.
 
          Region IX
 
California:
    Hidden Hills, City of,           060125  May 24, 1974,    ......do................      Do.
     Los Angeles County.                      Emerg.;
                                              September 7,
                                              1984, Reg.
                                              November 21,
                                              2001.
    Lassen County,                   060092  June 26, 1986,   ......do................      Do.
     Unincorporated Areas.                    Emerg.;
                                              September 4,
                                              1987, Reg.
                                              November 21,
                                              2001.
    Palos Verdes Estates,            060145  January 29,      ......do................      Do.
     City of, Los Angeles                     1971, Emerg.;
     County.                                  September 7,
                                              1984, Reg.
                                              November 21,
                                              2001.
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 Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 23, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-27208 Filed 10-29-01; 8:45 am]
BILLING CODE 6718-05-P