01-27208. Suspension of Community Eligibility

AGENCY:

Federal Emergency Management Agency, FEMA.

ACTION:

Final rule.

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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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, [phone].

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 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.

§ 64.6

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and Location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current Effective Map Date	Date certain Federal assistance no longer available in special flood hazard areas
Region I
Maine:
Dixfield, Town of, Oxford County	230092	June 23, 1975, Emerg.; March 4, 1985, Reg. November 7, 2001	November 11, 2001	November 21, 2001.
Greenville, Town of, Piscataquis County	230409	July 17, 1975, Emerg.; March 4, 1987, Reg. November 7, 2001	......do	Do.
Kingfield, Town of, Franklin County	230058	August 21, 1975, Emerg.; June 5, 1989, Reg. November 7, 2001	......do	Do.
Region II
New York:
Larchmont, Village of, Westchester County	360915	February 4, 1972, Emerg.; September 1, 1977, Reg. November 7, 2001	......do	Do.
Utica, City of, Oneida County	360558	October 2, 1974, Emerg.; February 1, 1984, Reg. November 7, 2001	......do	Do.
Region III
Pennsylvania:
Alburtis, Borough of, Lehigh County	420584	August 7, 1975, Emerg.; December 15, 1978, Reg. November 7, 2001	......do	Do.
Allentown, City of, Lehigh County	420585	October 15, 1971, Emerg.; June 1, 1982, Reg. November 7, 2001	......do	Do.
Catasauqua, Borough of, Lehigh County	420586	December 3, 1971, Emerg.; November 1, 1979, Reg. November 7, 2001	......do	Do.
Coopersburg, Borough of, Lehigh County	420587	January 12, 1977, Emerg.; July 30, 1982, Reg. November 7, 2001	......do	Do.
Coplay, Borough of, Lehigh County	421807	October 14, 1975, Emerg.; June 25, 1976, Reg. November 7, 2001	......do	Do.
Emmaus, Borough of, Lehigh County	420588	July 26, 1973, Emerg.; September 1, 1977, Reg. November 7, 2001	......do	Do.
Fountain Hill, Borough of, Lehigh County	421808	July 31, 1975, Emerg.; May 15, 1986, Reg. November 7, 2001	......do	Do.
Hanover, Township of, Lehigh County	422261	July 2, 1974, Emerg.; January 6, 1982, Reg. November 7, 2001	......do	Do.
Heidelberg, Township of, Lehigh, County	421809	February 21, 1975, Emerg.; June 15, 1981, Reg. November 7, 2001	......do	Do.
Lower Macungie, Township of, Lehigh County	420589	September 29, 1972, Emerg.; February 2, 1977, Reg. November 7, 2001	......do	Do.
Lower Milford, Township of, Lehigh County	421039	February 1, 1974, Emerg.; April 17, 1978, Reg. November 7, 2001	......do	Do.
Lowhill, Township of, Lehigh County	421811	March 1, 1977, Emerg.; October 15, 1985, Reg. November 7, 2001	......do	Do.
Lynn, Township of, Lehigh County	421812	July 21, 1976, Emerg.; September 30, 1987, Reg. November 7, 2001	......do	Do.
Macungie, Borough of, Lehigh County	420590	April 18, 1974, Emerg.; April 15, 1980, Reg. November 7, 2001	......do	Do.
North Whitehall, Township of, Lehigh County	421813	July 26, 1974, Emerg.; September 30, 1981, Reg. November 7, 2001	......do	Do
Salisbury, Township of, Lehigh County	420591	April 22, 1975, Emerg.; September 24, 1984, Reg. November 7, 2001	......do	Do.
Slatington, Borough of, Lehigh County	420592	June 4, 1975, Emerg.; March 16, 1981, Reg. November 7, 2001	......do	Do.
South Whitehall, Township of, Lehigh County	420593	January 26, 1973, Emerg.; February 1, 1978, Reg. November 7, 2001	......do	Do.
Upper Macungie, Township of, Lehigh County	421044	February 12, 1974, Emerg.; April 2, 1979, Reg. November 7, 2001	......do	Do.
Upper Milford, Township of, Lehigh County	421815	October 10, 1974, Emerg.; May 19, 1981, Reg. November 7, 2001	......do	Do.
Upper Saucon, Township of, Lehigh County	420594	February 25, 1972, Emerg.; July 15, 1977, Reg. November 7, 2001	......do	Do.
Washington, Township of, Lehigh County	421816	August 21, 1974, Emerg.; April 15, 1981, Reg. November 7, 2001	......do	Do.
Weisenberg, Township of, Lehigh County	421817	February 3, 1976, Emerg.; October 15, 1985, Reg. November 7, 2001	......do	Do.
Whitehall, Township of, Lehigh County	420595	April 30, 1974, Emerg.; October 28, 1977, Reg. November 7, 2001	......do	Do.
Region IV
Edisto Beach, Town of, Colleton County	455414	March 19, 1971, Emerg.; April 9, 1971, Reg. November 7, 2001	......do	Do.
Walterboro, City of, Colleton County	450058	April 2, 1975, Emerg.; April 17, 1987, Reg. November 7, 2001	.....do	Do.
Williams, Town of, Colleton County	450059	February 3, 1976, Emerg.; July 17, 1986, Reg. November 7, 2001	......do	Do.
Region VI
Texas:
Fort Bend County, Unincorporated Areas	480228	March 19, 1987, Reg.; November 7, 2001	......do	Do.
Wharton County, Unincorporated Areas	480652	February 27, 1987, Reg.; November 7, 2001	......do	Do.
Region VII
Kansas:
Baldwin, City of, Douglas County	200088	June 23, 1975, Emerg.; January 2, 1980, Reg. November 7, 2001	......do	Do.
Douglas County, Unincorporated Areas	200087	May 30, 1975, Emerg.; March 2, 1981, Reg. November 7, 2001	......do	Do.
Eudora, City of, Douglas County	200089	June 12, 1975, Emerg.; January 16, 1981, Reg. November 7, 2001	......do	Do.
Lawrence, City of, Douglas County	200090	June 15, 1973, Emerg.; March 2, 1981, Reg. November 7, 2001	......do	Do.
Lecompton, City of, Douglas County	200091	July 2, 1975, Emerg.; March 15, 1979, November 7, 2001	......do	Do
Region I
Vermont:
Wells, Town of, Rutland County	500271	June 25, 1975, Emerg.; June 15, 1988, Reg. November 21, 2001	November 21, 2001	November 21, 2001.
Region III
New Jersey:
Berkeley Heights, Township of, Union County	340459	December 30, 1971, Emerg.; March 1, 1978, Reg. November 21, 2001	......do	Do.
Region V
Ohio:
Adams County Unincorporated Areas	390001	March 14, 1978, Emerg.; November 21, 2001, Reg	......do	Do.
Manchester, Village of, Adams County	390002	October 25, 1974, Emerg.; August 1, 1978, Reg. November 21, 2001	......do	Do.
Aberdeen, Village of, Brown County	390675	July 2, 1975, Emerg.; August 15, 1983, Reg. November 21, 2001	......do	Do.
Brown County, Unincorporated Areas County	390034	May 9, 1977, Emerg.; November 21, 2001, Reg	......do	Do.
Higginsport, Village of, Brown County	390677	January 29, 1976, Emerg.; September 15, 1983, Reg. November 21, 2001	......do	Do.
Mount Orab, Village of, Brown County	390621	January 16, 2001, Emerg.; November 21, 2001, Reg	......do	Do.
Ripley, Village of, Brown County	390036	June 12, 1975, Emerg.; July 18, 1983, Reg. November 21, 2001	......do	Do.
Rome, Village of, Brown County	390003	February 16, 1977, Emerg.; October 18, 1983, Reg. November 21, 2001	......do	Do.
Region VI
Oklahoma:
Logan County, Unincorporated Areas	400096	October 26, 1984, Emerg.; December 5, 1989, Reg. November 21, 2001	.....do	Do.
Region IX
California:
Hidden Hills, City of, Los Angeles County	060125	May 24, 1974, Emerg.; September 7, 1984, Reg. November 21, 2001	......do	Do.
Lassen County, Unincorporated Areas	060092	June 26, 1986, Emerg.; September 4, 1987, Reg. November 21, 2001	......do	Do.
Palos Verdes Estates, City of, Los Angeles County	060145	January 29, 1971, Emerg.; September 7, 1984, Reg. November 21, 2001	......do	Do.
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.