[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Rules and Regulations]
[Pages 13289-13291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6921]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7779]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 13290]]

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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                                                                                                  Date certain
                                                        Effective date                              Federal
                                        Community       authorization/      Current effective    assistance no
         State and location                No.       cancellation of sale        map date       longer available
                                                     of flood insurance in                      in special flood
                                                           community                              hazard areas
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              Region II
 
New Jersey: Millburn, Township of,          340187  July 23, 1971, Emerg.;            3/17/02            3/17/02
 Essex County.                                       August 1, 1979, Reg.
                                                     March 17, 2002.
             Region III
 
Pennsylvania: Birmingham, Township          421474  November 14, 1974,                3/17/02            3/17/02
 of, Chester County.                                 Emerg.; April 15,
                                                     1981, Reg. March 17,
                                                     2002.
East Caln, Township of, Chester             421477  October 10, 1974,                 3/17/02            3/17/02
 County.                                             Emerg.; September 30,
                                                     1980, Reg. March 17,
                                                     2002.
East Brandywine, Township of,               421476  November 21, 1975,                3/17/02            3/17/02
 Chester County.                                     Emerg.; February 1,
                                                     1984, Reg. March 17,
                                                     2002.
East Fallowfield, Township of,              421479  November 3, 1975,                 3/17/02            3/17/02
 Chester County.                                     Emerg.; June 1, 1983,
                                                     Reg. March 17, 2002.
East Marlborough, Township of,              421480  March 28, 1975,                   3/17/02            3/17/02
 Chester County.                                     Emerg.; July 16,
                                                     1981, Reg. March 17,
                                                     2002.
Modena, Borough of, Chester County..        420282  October 10, 1974,                 3/17/02            3/17/02
                                                     Emerg.; November 19,
                                                     1987, Reg. March 17,
                                                     2002.
South Coatesville, Borough of,              420288  December 10, 1975,                3/17/02            3/17/02
 Chester County.                                     Emerg.; May 3, 1982,
                                                     Reg. March 17, 2002.
Valley, Township of, Chester County.        421206  May 23, 1974, Emerg.;             3/17/02            3/17/02
                                                     August 1, 1984, Reg.
                                                     March 17, 2002.
Wallace, Township of, Chester County        421493  February 11, 1976,                3/17/02            3/17/02
                                                     Emerg.; March 11,
                                                     1983, Reg. March 17,
                                                     2002.
West Brandywine, Township of,               421496  August 6, 1975,                   3/17/02            3/17/02
 Chester County.                                     Emerg.; September 28,
                                                     1979, Reg. March 17,
                                                     2002.
West Marlborough, Township of,              422279  May 20, 1975, Emerg.;             3/17/02            3/17/02
 Chester County.                                     January 18, 1984,
                                                     Reg. March 17, 2002.

[[Page 13291]]

 
             Region VIII
 
Colorado: Fremont County,                   080067  June 25, 1975, Emerg.;            3/17/02            3/17/02
 Unincorporated Areas.                               September 29, 1989,
                                                     Reg. March 17, 2002.
South Dakota: Hot Springs, City of,         460027  May 7, 1973, Emerg.;              3/17/02            3/17/02
 Fall River County.                                  June 30, 1976, Reg.
                                                     March 17, 2002.
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    Code for reading third column: Emerg.--Emergency; Reg.--Regular; 
Susp.--Suspension.

    Dated: March 13, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration and Mitigation 
Administration.
[FR Doc. 02-6921 Filed 3-21-02; 8:45 am]
BILLING CODE 6718-05-P