[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Rules and Regulations]
[Pages 9755-9758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4544]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7827]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

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suspension date given in this rule, the suspension will be withdrawn by 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: Mike Grimm, Mitigation Division, 500 C 
Street, SW.; Room 412, Washington, DC 20472, (202) 646-2878.

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 Administrator 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 Administrator 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.

[[Page 9756]]


0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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]

0
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 V
 
Ohio:
    Fayette County,                    390164  February 17,       Mar. 2, 2004..........  Mar. 2, 2004.
     Unincorporated Areas.                      1993, Emerg.;
                                                June 1, 1995,
                                                Reg.; March 2,
                                                2004, Susp.
    Jeffersonville, Village of,        390165  October 14, 1975,  ......do..............   Do.
     Fayette County.                            Emerg.; March 5,
                                                1990, Reg.;
                                                March 2, 2004,
                                                Susp.
    Washington Court House,            390166  March 12, 1975,    ......do..............   Do.
     City of, Fayette County.                   Emerg.; August
                                                15, 1978, Reg.;
                                                March 2, 2004,
                                                Susp.
 
           Region III
 
Pennsylvania:
    Anthony Township of,               420971  December 6, 1973,  Mar. 16, 2004.........  Mar. 16, 2004.
     Lycoming County.                           Emerg.; December
                                                1, 1986, Reg.;
                                                March 16, 2004,
                                                Susp.
    Armstrong, Township of,            420635  March 30, 1973,    ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 28,
                                                1979, Reg.;
                                                March 16, 2004,
                                                Susp.
    Bastress, Township of,             422472  February 3, 1980,  ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 24,
                                                1984, Reg.;
                                                March 16, 2004,
                                                Susp.
    Brady, Township of,                421169  April 30, 1974,    ......do..............   Do.
     Lycoming County.                           Emerg.; July 16,
                                                1979, Reg.;
                                                March 16, 2004,
                                                Susp.
    Brown, Township of,                420636  May 11, 1973,      ......do..............   Do.
     Lycoming County.                           Emerg.; March 2,
                                                1981, Reg.;
                                                March 16, 2004,
                                                Susp.
    Cascade, Township of,              421837  July 29, 1976,     ......do..............   Do.
     Lycoming County.                           Emerg.; December
                                                1, 1986, Reg.;
                                                March 16, 2004,
                                                Susp.
    Clinton, Township of,              420637  April 10, 1973,    ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 28,
                                                1979, Reg.;
                                                March 16, 2004,
                                                Susp.
    Cogan House, Township of,          421838  February 5, 1981,  ......do..............   Do.
     Lycoming County.                           Emerg.; June 1,
                                                1987, Reg.;
                                                March 16, 2004,
                                                Susp.
    Cummings, Township of,             420638  June 6, 1973,      ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 17,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Duboistown, Borough of,            420639  December 22,       ......do..............   Do.
     Lycoming County.                           1972, Emerg.;
                                                March 1, 1977,
                                                Reg.; March 16,
                                                2004, Susp.
    Eldred, Township of,               421839  June 20, 1974,     ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 17,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Fairfield, Township of,            420972  September 25,      ......do..............   Do.
     Lycoming County.                           1973, Emerg.;
                                                June 1, 1981,
                                                Reg.; March 16,
                                                2004, Susp.
    Franklin, Township of,             420973  January 28, 1974,  ......do..............   Do.
     Lycoming County.                           Emerg.; June 1,
                                                1987, Reg.;
                                                March 16, 2004,
                                                Susp.
    Gamble, Township of,               420974  August 1, 1973,    ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 30,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Hepburn, Township of,              420640  June 19, 1973,     ......do..............   Do.
     Lycoming County.                           Emerg.; February
                                                17, 1982, Reg.;
                                                March 16, 2004,
                                                Susp.
    Hughesville, Borough of,           420641  January 21, 1974,  ......do..............   Do.
     Lycoming County.                           Emerg.; October
                                                15, 1981, Reg.;
                                                March 16, 2004,
                                                Susp.
    Jackson, Township of,              422601  January 19, 1989,  ......do..............   Do.
     Lycoming County.                           Emerg.; January
                                                1, 1991, Reg.;
                                                March 16, 2004,
                                                Susp.
    Jersey Shore, Borough of,          420642  October 27, 1972,  ......do..............   Do.
     Lycoming County.                           Emerg.; March 5,
                                                1976, Reg.;
                                                March 16, 2004,
                                                Susp.
    Jordan, Township of,               422596  January 27, 1976,  ......do..............   Do.
     Lycoming County.                           Emerg.; December
                                                1, 1986, Reg.;
                                                March 16, 2004,
                                                Susp.
    Lewis, Township of,                420643  June 14, 1973,     ......do..............   Do.
     Lycoming County.                           Emerg.; March 2,
                                                1983, Reg.;
                                                March 16, 2004,
                                                Susp.
    Limestone, Township of,            422588  June 5, 1980,      ......do..............   Do.
     Lycoming County.                           Emerg.; June 1,
                                                1987, Reg.;
                                                March 16, 2004,
                                                Susp.
    Loyalsock, Township of,            421040  February 5, 1974,  ......do..............   Do.
     Lycoming County.                           Emerg.; May 16,
                                                1977, Reg.;
                                                March 16, 2004,
                                                Susp.
    Lycoming, Township of,             420644  May 4, 1973,       ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 17,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    McHenry, Township of,              420975  September 7,       ......do..............   Do.
     Lycoming County.                           1973, Emerg.;
                                                August 15, 1980,
                                                Reg.; March 16,
                                                2004, Susp.
    McIntyre, Township of,             420645  June 6, 1973,      ......do..............   Do.
     Lycoming County.                           Emerg.; November
                                                4, 1981, Reg.;
                                                March 16, 2004,
                                                Susp.

[[Page 9757]]

 
    McNett, Township of,               422597  September 26,      ......do..............   Do.
     Lycoming County.                           1975, Emerg.;
                                                December 23,
                                                1983, Reg.;
                                                March 16, 2004,
                                                Susp.
    Mifflin, Township of,              422590  September 15,      ......do..............   Do.
     Lycoming County.                           1975, Emerg.;
                                                April 17, 1985,
                                                Reg.; March 16,
                                                2004, Susp.
    Mill Creek, Township of,           421845  October 14, 1975,  ......do..............   Do.
     Lycoming County.                           Emerg.; March 2,
                                                1979, Reg.;
                                                March 16, 2004,
                                                Susp.
    Montgomery, Borough of,            420646  September 1,       ......do..............   Do.
     Lycoming County.                           1972, Emerg.;
                                                June 15, 1978,
                                                Reg.; March 16,
                                                2004, Susp.
    Montoursville, Borough of,         420648  February 9, 1973,  ......do..............   Do.
     Lycoming County.                           Emerg.; August
                                                15, 1977, Reg.;
                                                March 16, 2004,
                                                Susp.
    Moreland, Township of,             421846  June 15, 1976,     ...... do.............   Do.
     Lycoming County.                           Emerg.; March 2,
                                                1981, Reg.;
                                                March 16, 2004,
                                                Susp.
    Muncy Creek, Township of,          420650  August 23, 1974,   ...... do.............   Do.
     Lycoming County.                           Emerg.;
                                                September 30,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Muncy, Borough of, Lycoming        420649  June 30, 1972,     ...... do.............   Do.
     County.                                    Emerg.; February
                                                16, 1977, Reg.;
                                                March 16, 2004,
                                                Susp.
    Muncy, Township of,                421847  May 9, 1980,       ...... do.............   Do.
     Lycoming County.                           Emerg.; August
                                                19, 1987, Reg.;
                                                March 16, 2004,
                                                Susp.
    Nippenose, Township of,            420651  May 1, 1973,       ...... do.............   Do.
     Lycoming County.                           Emerg.; April
                                                15, 1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Old Lycoming, Township of,         420652  January 19, 1973,  ...... do.............   Do.
     Lycoming County.                           Emerg.; April
                                                15, 1977, Reg.;
                                                March 16, 2004,
                                                Susp.
    Penn, Township of, Lycoming        421848  March 7, 1977,     ...... do.............   Do.
     County.                                    Emerg.; August
                                                15, 1990, Reg.;
                                                March 16, 2004,
                                                Susp.
    Piatt, Township of,                420653  April 10, 1973,    ...... do.............   Do.
     Lycoming County.                           Emerg.; April 1,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Picture Rocks, Borough of,         420654  March 21, 1975,    ...... do.............   Do.
     Lycoming County.                           Emerg.;
                                                September 5,
                                                1990, Reg.;
                                                March 16, 2004,
                                                Susp.
    Pine, Township of, Lycoming        420954  October 4, 1973,   ...... do.............   Do.
     County.                                    Emerg.;
                                                September 17,
                                                1980, Reg.;
                                                March 16, 2004,
                                                Susp.
    Plunketts Creek, Township          420655  March 2, 1973,     ...... do.............   Do.
     of, Lycoming County.                       Emerg.; August
                                                2, 1982, Reg.;
                                                March 16, 2004,
                                                Susp.
    Porter, Township of,               420656  March 9, 1973,     ...... do.............   Do.
     Lycoming County.                           Emerg.; January
                                                14, 1977, Reg.;
                                                March 16, 2004,
                                                Susp.
    Salladasburg, Borough of,          420657  September 12,      ...... do.............   Do.
     Lycoming County.                           1975, Emerg.;
                                                January 5, 1979,
                                                Reg.; March 16,
                                                2004, Susp.
    Shrewsbury, Township of,           421148  April 9, 1974,     ...... do.............   Do.
     Lycoming County.                           Emerg.; December
                                                15, 1990, Reg.;
                                                March 16, 2004,
                                                Susp.
    South Williamsport, Borough        420658  January 7, 1974,   ...... do.............   Do.
     of, Lycoming County.                       Emerg.; April
                                                15, 1977, Reg.;
                                                March 16, 2004,
                                                Susp.
    Susquehanna, Township of,          420659  April 19, 1973,    ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 28,
                                                1979, Reg; March
                                                16, 2004 Susp.
    Upper Fairfield, Township          420660  May 15, 1973,      ......do..............   Do.
     of, Lycoming County.                       Emerg.;
                                                September 28,
                                                1979, Reg; March
                                                16, 2004 Susp.
    Washington, Township of,           422613  September 15,      ......do..............   Do.
     Lycoming.                                  1975, Emerg.;
                                                December 1,
                                                1986, Reg; March
                                                16, 2004 Susp.
    Watson, Township of,               420661  May 4, 1973,       ......do..............   Do.
     Lycoming County.                           Emerg.; October
                                                15, 1980, Reg;
                                                March 16, 2004
                                                Susp.
    Williamsport, City of,             420662  November 24,       ......do..............   Do.
     Lycoming County.                           1972, Emerg.;
                                                December 1,
                                                1977, Reg; March
                                                16, 2004 Susp.
    Wolf, Township of, Lycoming        420663  March 30, 1973,    ......do..............   Do.
     County.                                    Emerg.; December
                                                2, 1980, Reg;
                                                March 16, 2004
                                                Susp.
    Woodward, Township of,             420664  June 4, 1973,      ......do..............   Do.
     Lycoming County.                           Emerg.;
                                                September 28,
                                                1979, Reg.;
                                                March 16, 2004
                                                Susp.
 
            Region V
 
Ohio
    Bexley, City of, Franklin          390168  November 21,       ......do..............   Do.
     County.                                    1973; Emerg.;
                                                November 15,
                                                1978, Reg; March
                                                16, 2004 Susp.
    Columbus, City of,                 390170  May 21, 1971,      ......do..............   Do.
     Fairfield County, Franklin                 Emerg.; July 5,
     County.                                    1983, Reg; March
                                                16, 2004 Susp.
    Dublin, City of, Delaware          390673  June 21, 1974,     ......do..............   Do.
     County, Franklin County.                   Emerg.; June 4,
                                                1980, Reg; March
                                                16, 2004 Susp.
    Franklin County,                   390167  April 19, 1973,    ......do..............   Do.
     Unincorporated Areas.                      Emerg.; July 5,
                                                1983, Reg; March
                                                16, 2004 Susp.
    Grandview Heights, City of,        390172  June 6, 1975,      ......do..............   Do.
     Franklin County.                           Emerg.; August
                                                15, 1980, Reg;
                                                March 16, 2004
                                                Susp.
    Grove City, City of,               390173  October 15, 1974,  ......do..............   Do.
     Franklin County.                           Emerg.; May 1,
                                                1984, Reg; March
                                                16, 2004 Susp.
    Marble Cliff, Village of,          390896  August 2, 1995,    ......do..............   Do.
     Franklin County.                           Reg; March 16,
                                                2004 Susp.

[[Page 9758]]

 
    Obetz, Village of, Franklin        390176  March 23, 1978,    ......do..............   Do.
     County.                                    Emerg.; January
                                                16, 1981, Reg;
                                                March 16, 2004
                                                Susp.
    Upper Arlington, City of,          390178  August 8, 1973,    ......do..............   Do.
     Franklin County.                           Emerg.; April
                                                15, 1980 Reg;
                                                March 16, 2004
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do=Ditto
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-4544 Filed 3-1-04; 8:45 am]
BILLING CODE 6718-05-P