[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Rules and Regulations]
[Pages 20299-20302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7754]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7875]


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 scheduled for suspension 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 not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled 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: Michael M. 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

[[Page 20300]]

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 
letter 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.

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
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           Region III
 
Pennsylvania:
    Adamstown, Borough of,             420541  December 4, 1973,  Apr. 19, 2005.........  Apr. 19, 2005.
     Lancaster County.                          Emerg; January
                                                16, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Akron, Borough of,                 422461  December 31,       ......do..............   Do.
     Lancaster County.                          1975, Emerg;
                                                December 16,
                                                1980, Reg; April
                                                19, 2005, Susp..
    Bart, Township of,                 421761  June 10, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; January
                                                16, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Brecknock, Township of,            421762  July 9, 1975,      ......do..............   Do.
     Lancaster County.                          Emerg; April 1,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Caernarvon, Township of,           421763  April 29, 1975,    ......do..............   Do.
     Lancaster County.                          Emerg; May 19,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Christiana, Borough of,            420542  July 30, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Clay, Township of,                 421764  April 29, 1975,    ......do..............   Do.
     Lancaster County.                          Emerg; December
                                                16, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    Colerain, Township of,             421765  September 17,      ......do..............   Do.
     Lancaster County.                          1975, Emerg;
                                                January 16,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Columbia, Borough of,              420543  March 9, 1973,     ......do..............   Do.
     Lancaster County.                          Emerg; January
                                                6, 1982, Reg;
                                                April 19, 2005,
                                                Susp.
    Conestoga, Township of,            420544  April 24, 1973,    ......do..............   Do.
     Lancaster County.                          Emerg; March 18,
                                                1980, Reg; April
                                                19, 2005, Susp.
    Conoy, Township of,                420545  July 6, 1973,      ......do..............   Do.
     Lancaster County.                          Emerg; June 4,
                                                1980, Reg; April
                                                19, 2005, Susp.
    Denver, Borough of,                420546  August 22, 1973,   ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Drumore, Township of,              421766  July 7, 1975,      ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Earl, Township of,                 421767  January 13, 1975,  ......do..............   Do.
     Lancaster County.                          Emerg; December
                                                16, 1980, Reg;
                                                April 19, 2005,
                                                Susp.

[[Page 20301]]

 
    East Cocalico, Township of,        420547  April 24, 1974,    ......do..............   Do.
     Lancaster County.                          Emerg; March 16,
                                                1981, Reg; April
                                                19, 2005, Susp.
    East Donegal, Township of,         421768  August 30, 1974,   ......do..............   Do.
     Lancaster County.                          Emerg; January
                                                16, 1980, Reg;
                                                April, 19, 2005,
                                                Susp.
    East Drumore, Township of,         421769  August 27, 1975,   ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    East Earl, Township of,            421770  October 18, 1974,  ......do..............   Do.
     Lancaster County.                          Emerg; September
                                                4, 1987, Reg;
                                                April 19, 2005,
                                                Susp.
    East Hempfield, Township           420548  June 6, 1973,      ......do..............   Do.
     of, Lancaster County.                      Emerg; September
                                                28, 1979, Reg;
                                                April 19, 2005,
                                                Susp.
    East Lampeter, Township of,        421771  September 6,       ......do..............   Do.
     Lancaster County.                          1974, Emerg;
                                                December 16,
                                                1980, Reg; April
                                                19, 2005, Susp.
    East Petersburg, Borough           420549  September 27,      ......do..............   Do.
     of, Lancaster County.                      1974, Emerg;
                                                September 5,
                                                1979, Reg; April
                                                19, 2005, Susp.
    Eden, Township of,                 421772  July 7, 1980,      ......do..............   Do.
     Lancaster County.                          Emerg; December
                                                16, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    Elizabeth, Township of             421773  July 31, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; September
                                                28, 1979, Reg;
                                                April 19, 2005,
                                                Susp.
    Elizabethtown, Borough of,         420550  May 15, 1973,      ......do..............   Do.
     Lancaster County.                          Emerg; April 17,
                                                1978, Reg; April
                                                19, 2005, Susp.
    Ephrata, Borough of,               420551  April 17, 1973,    ......do..............   Do.
     Lancaster County.                          Emerg; April 1,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Fulton, Township of,               421774  July 11, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Lancaster, City of,                420552  May 12, 1972,      ......do..............   Do.
     Lancaster County.                          Emerg; September
                                                28, 1979, Reg;
                                                April 19, 2005,
                                                Susp.
    Lancaster, Township of,            420553  March 9, 1973,     ......do..............   Do.
     Lancaster County.                          Emerg; December
                                                18, 1979, Reg;
                                                April 19, 2005,
                                                Susp.
    Leacock, Township of,              420958  December 17,       ......do..............   Do.
     Lancaster County.                          1973, Emerg;
                                                March 1, 1978,
                                                Reg; April 19,
                                                2005, Susp.
    Lititz, Borough of,                420554  October 6, 1972,   ......do..............   Do.
     Lancaster County.                          Emerg; October
                                                15, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    Little Britain, Township           421775  June 16, 1975,     ......do..............   Do.
     of, Lancaster County.                      Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Manheim, Borough of,               420555  April 19, 1973,    ......do..............   Do.
     Lancaster County.                          Emerg; March 2,
                                                1983, Reg; April
                                                19, 2005, Susp.
    Manheim, Township of,              420556  July 5, 1973,      ......do..............   Do.
     Lancaster County.                          Emerg; August
                                                15, 1979, Reg;
                                                April 19, 2005,
                                                Susp.
    Manor, Township of,                420557  April 19, 1973,    ......do..............   Do.
     Lancaster County.                          Emerg; March 18,
                                                1980, Reg; April
                                                19, 2005, Susp.
    Marietta, Borough of,              420558  July 5, 1973,      ......do..............   Do.
     Lancaster County.                          Emerg; February
                                                1, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    Martic, Township of,               421146  April 11, 1974,    ......do..............   Do.
     Lancaster County.                          Emerg; January
                                                16, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    Millersville, Borough of,          420559  November 11,       ......do..............   Do.
     Lancaster County.                          1974, Emerg;
                                                December 15,
                                                1978, Reg; April
                                                19, 2005, Susp.
    Mount Joy, Borough of,             420561  May 22, 1974,      ......do..............   Do.
     Lancaster County.                          Emerg; October
                                                15, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Mount Joy, Township of,            421776  May 22, 1974,      ......do..............   Do.
     Lancaster County.                          Emerg; October
                                                15, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Mountville, Borough of,            420560  August 5, 1975,    ......do..............   Do.
     Lancaster County.                          Emerg; July 16,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Paradise, Township of,             421777  January 13, 1975,  ......do..............   Do.
     Lancaster County.                          Emerg; May 19,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Penn, Township of,                 421778  February 5, 1975,  ......do..............   Do.
     Lancaster County.                          Emerg; September
                                                2, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Pequea, Township of,               421779  January 24, 1975,  ......do..............   Do.
     Lancaster County.                          Emerg; September
                                                30, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    Providence, Township of,           421780  December 13,       ......do..............   Do.
     Lancaster County.                          1974, Emerg;
                                                September 30,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Quarryville, Borough of,           420563  September 25,      ......do..............   Do.
     Lancaster County.                          1974, Emerg;
                                                January 16,
                                                1981, Reg; April
                                                19, 2005, Susp.
    Rapho, Township of,                421781  June 25, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; February
                                                16, 1983, Reg;
                                                April 19, 2005,
                                                Susp.
    Sadsbury, Township of,             421782  July 30, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; January
                                                16, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Salisbury, Township of,            421783  May 5, 1975,       ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.

[[Page 20302]]

 
    Strasburg, Township of,            421784  May 27, 1975,      ......do..............   Do.
     Lancaster County.                          Emerg; February
                                                4, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
    Upper Leacock, Township of,        421785  June 19, 1975,     ......do..............   Do.
     Lancaster County.                          Emerg; November
                                                3, 1978, Reg;
                                                April 19, 2005,
                                                Susp.
    Warwick, Township of,              421786  July 2, 1975,      ......do..............   Do.
     Lancaster County.                          Emerg; November
                                                19, 1980, Reg;
                                                April 19, 2005,
                                                Susp.
    West Cocalico, Township of,        421787  August 5, 1974,    ......do..............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                19, 2005, Susp.
    West Donegal, Township of,         421788  June 5, 1975,      ......do..............   Do.
     Lancaster County.                          Emerg; July 16,
                                                1981, Reg; April
                                                19, 2005, Susp.
    West Earl, Township of,            420959  November 2, 1973,  ......do..............   Do.
     Lancaster County.                          Emerg; May 19,
                                                1981, Reg; April
                                                19, 2005, Susp.
    West Hempfield, Township           421789  August 30, 1974,   ......do..............   Do.
     of, Lancaster County.                      Emerg; September
                                                5, 1979, Reg;
                                                April 19, 2005,
                                                Susp.
    West Lampeter, Township of,        420566  July 9, 1973,      ......do..............   Do.
     Lancaster County.                          Emerg; January
                                                2, 1981, Reg;
                                                April 19, 2005,
                                                Susp.
 
            Region V
 
    Brooklyn Park, City of,            270152  February 5, 1974,  09/02/2004............   Do.
     Hennepin County.                           Emerg; May 17,
                                                1982, Reg;
                                                September 2,
                                                2004, Susp.
 
           Region VI
 
Oklahoma: Tuttle, Town of,             400443  February 10,       4/19/2005.............   Do.
 Grady County.                                  1987, Emerg,
                                                November 1,
                                                1989, Reg; April
                                                19, 2005, Susp.
 
            Region X
 
Washington: North Bend, City           530085  November 6, 1974,  ......do..............   Do.
 of, King County.                               Emerg; August 1,
                                                1984, Reg; April
                                                19, 2005, Susp.
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* -do- =Ditto.
 Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.


    Dated: April 11, 2005.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-7754 Filed 4-18-05; 8:45 am]
BILLING CODE 9110-12-U