04-4544. Suspension of Community Eligibility

AGENCY:

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

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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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

Mike Grimm, Mitigation Division, 500 C Street, SW.; Room 412, 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 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

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 V
Ohio:
Fayette County, Unincorporated Areas	390164	February 17, 1993, Emerg.; June 1, 1995, Reg.; March 2, 2004, Susp	Mar. 2, 2004	Mar. 2, 2004.
Jeffersonville, Village of, Fayette County	390165	October 14, 1975, Emerg.; March 5, 1990, Reg.; March 2, 2004, Susp	......do	Do.
Washington Court House, City of, Fayette County	390166	March 12, 1975, Emerg.; August 15, 1978, Reg.; March 2, 2004, Susp	......do	Do.
Region III
Pennsylvania:
Anthony Township of, Lycoming County	420971	December 6, 1973, Emerg.; December 1, 1986, Reg.; March 16, 2004, Susp	Mar. 16, 2004	Mar. 16, 2004.
Armstrong, Township of, Lycoming County	420635	March 30, 1973, Emerg.; September 28, 1979, Reg.; March 16, 2004, Susp	......do	Do.
Bastress, Township of, Lycoming County	422472	February 3, 1980, Emerg.; September 24, 1984, Reg.; March 16, 2004, Susp	......do	Do.
Brady, Township of, Lycoming County	421169	April 30, 1974, Emerg.; July 16, 1979, Reg.; March 16, 2004, Susp	......do	Do.
Brown, Township of, Lycoming County	420636	May 11, 1973, Emerg.; March 2, 1981, Reg.; March 16, 2004, Susp	......do	Do.
Cascade, Township of, Lycoming County	421837	July 29, 1976, Emerg.; December 1, 1986, Reg.; March 16, 2004, Susp	......do	Do.
Clinton, Township of, Lycoming County	420637	April 10, 1973, Emerg.; September 28, 1979, Reg.; March 16, 2004, Susp	......do	Do.
Cogan House, Township of, Lycoming County	421838	February 5, 1981, Emerg.; June 1, 1987, Reg.; March 16, 2004, Susp	......do	Do.
Cummings, Township of, Lycoming County	420638	June 6, 1973, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp	......do	Do.
Duboistown, Borough of, Lycoming County	420639	December 22, 1972, Emerg.; March 1, 1977, Reg.; March 16, 2004, Susp	......do	Do.
Eldred, Township of, Lycoming County	421839	June 20, 1974, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp	......do	Do.
Fairfield, Township of, Lycoming County	420972	September 25, 1973, Emerg.; June 1, 1981, Reg.; March 16, 2004, Susp	......do	Do.
Franklin, Township of, Lycoming County	420973	January 28, 1974, Emerg.; June 1, 1987, Reg.; March 16, 2004, Susp	......do	Do.
Gamble, Township of, Lycoming County	420974	August 1, 1973, Emerg.; September 30, 1980, Reg.; March 16, 2004, Susp	......do	Do.
Hepburn, Township of, Lycoming County	420640	June 19, 1973, Emerg.; February 17, 1982, Reg.; March 16, 2004, Susp	......do	Do.
Hughesville, Borough of, Lycoming County	420641	January 21, 1974, Emerg.; October 15, 1981, Reg.; March 16, 2004, Susp	......do	Do.
Jackson, Township of, Lycoming County	422601	January 19, 1989, Emerg.; January 1, 1991, Reg.; March 16, 2004, Susp	......do	Do.
Jersey Shore, Borough of, Lycoming County	420642	October 27, 1972, Emerg.; March 5, 1976, Reg.; March 16, 2004, Susp	......do	Do.
Jordan, Township of, Lycoming County	422596	January 27, 1976, Emerg.; December 1, 1986, Reg.; March 16, 2004, Susp	......do	Do.
Lewis, Township of, Lycoming County	420643	June 14, 1973, Emerg.; March 2, 1983, Reg.; March 16, 2004, Susp	......do	Do.
Limestone, Township of, Lycoming County	422588	June 5, 1980, Emerg.; June 1, 1987, Reg.; March 16, 2004, Susp	......do	Do.
Loyalsock, Township of, Lycoming County	421040	February 5, 1974, Emerg.; May 16, 1977, Reg.; March 16, 2004, Susp	......do	Do.
Lycoming, Township of, Lycoming County	420644	May 4, 1973, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp	......do	Do.
McHenry, Township of, Lycoming County	420975	September 7, 1973, Emerg.; August 15, 1980, Reg.; March 16, 2004, Susp	......do	Do.
McIntyre, Township of, Lycoming County	420645	June 6, 1973, Emerg.; November 4, 1981, Reg.; March 16, 2004, Susp	......do	Do.
McNett, Township of, Lycoming County	422597	September 26, 1975, Emerg.; December 23, 1983, Reg.; March 16, 2004, Susp	......do	Do.
Mifflin, Township of, Lycoming County	422590	September 15, 1975, Emerg.; April 17, 1985, Reg.; March 16, 2004, Susp	......do	Do.
Mill Creek, Township of, Lycoming County	421845	October 14, 1975, Emerg.; March 2, 1979, Reg.; March 16, 2004, Susp	......do	Do.
Montgomery, Borough of, Lycoming County	420646	September 1, 1972, Emerg.; June 15, 1978, Reg.; March 16, 2004, Susp	......do	Do.
Montoursville, Borough of, Lycoming County	420648	February 9, 1973, Emerg.; August 15, 1977, Reg.; March 16, 2004, Susp	......do	Do.
Moreland, Township of, Lycoming County	421846	June 15, 1976, Emerg.; March 2, 1981, Reg.; March 16, 2004, Susp	...... do	Do.
Muncy Creek, Township of, Lycoming County	420650	August 23, 1974, Emerg.; September 30, 1980, Reg.; March 16, 2004, Susp	...... do	Do.
Muncy, Borough of, Lycoming County	420649	June 30, 1972, Emerg.; February 16, 1977, Reg.; March 16, 2004, Susp	...... do	Do.
Muncy, Township of, Lycoming County	421847	May 9, 1980, Emerg.; August 19, 1987, Reg.; March 16, 2004, Susp	...... do	Do.
Nippenose, Township of, Lycoming County	420651	May 1, 1973, Emerg.; April 15, 1980, Reg.; March 16, 2004, Susp	...... do	Do.
Old Lycoming, Township of, Lycoming County	420652	January 19, 1973, Emerg.; April 15, 1977, Reg.; March 16, 2004, Susp	...... do	Do.
Penn, Township of, Lycoming County	421848	March 7, 1977, Emerg.; August 15, 1990, Reg.; March 16, 2004, Susp	...... do	Do.
Piatt, Township of, Lycoming County	420653	April 10, 1973, Emerg.; April 1, 1980, Reg.; March 16, 2004, Susp	...... do	Do.
Picture Rocks, Borough of, Lycoming County	420654	March 21, 1975, Emerg.; September 5, 1990, Reg.; March 16, 2004, Susp	...... do	Do.
Pine, Township of, Lycoming County	420954	October 4, 1973, Emerg.; September 17, 1980, Reg.; March 16, 2004, Susp	...... do	Do.
Plunketts Creek, Township of, Lycoming County	420655	March 2, 1973, Emerg.; August 2, 1982, Reg.; March 16, 2004, Susp	...... do	Do.
Porter, Township of, Lycoming County	420656	March 9, 1973, Emerg.; January 14, 1977, Reg.; March 16, 2004, Susp	...... do	Do.
Salladasburg, Borough of, Lycoming County	420657	September 12, 1975, Emerg.; January 5, 1979, Reg.; March 16, 2004, Susp	...... do	Do.
Shrewsbury, Township of, Lycoming County	421148	April 9, 1974, Emerg.; December 15, 1990, Reg.; March 16, 2004, Susp	...... do	Do.
South Williamsport, Borough of, Lycoming County	420658	January 7, 1974, Emerg.; April 15, 1977, Reg.; March 16, 2004, Susp	...... do	Do.
Susquehanna, Township of, Lycoming County	420659	April 19, 1973, Emerg.; September 28, 1979, Reg; March 16, 2004 Susp	......do	Do.
Upper Fairfield, Township of, Lycoming County	420660	May 15, 1973, Emerg.; September 28, 1979, Reg; March 16, 2004 Susp	......do	Do.
Washington, Township of, Lycoming	422613	September 15, 1975, Emerg.; December 1, 1986, Reg; March 16, 2004 Susp	......do	Do.
Watson, Township of, Lycoming County	420661	May 4, 1973, Emerg.; October 15, 1980, Reg; March 16, 2004 Susp	......do	Do.
Williamsport, City of, Lycoming County	420662	November 24, 1972, Emerg.; December 1, 1977, Reg; March 16, 2004 Susp	......do	Do.
Wolf, Township of, Lycoming County	420663	March 30, 1973, Emerg.; December 2, 1980, Reg; March 16, 2004 Susp	......do	Do.
Woodward, Township of, Lycoming County	420664	June 4, 1973, Emerg.; September 28, 1979, Reg.; March 16, 2004 Susp	......do	Do.
Region V
Ohio
Bexley, City of, Franklin County	390168	November 21, 1973; Emerg.; November 15, 1978, Reg; March 16, 2004 Susp	......do	Do.
Columbus, City of, Fairfield County, Franklin County	390170	May 21, 1971, Emerg.; July 5, 1983, Reg; March 16, 2004 Susp	......do	Do.
Dublin, City of, Delaware County, Franklin County	390673	June 21, 1974, Emerg.; June 4, 1980, Reg; March 16, 2004 Susp	......do	Do.
Franklin County, Unincorporated Areas	390167	April 19, 1973, Emerg.; July 5, 1983, Reg; March 16, 2004 Susp	......do	Do.
Grandview Heights, City of, Franklin County	390172	June 6, 1975, Emerg.; August 15, 1980, Reg; March 16, 2004 Susp	......do	Do.
Grove City, City of, Franklin County	390173	October 15, 1974, Emerg.; May 1, 1984, Reg; March 16, 2004 Susp	......do	Do.
Marble Cliff, Village of, Franklin County	390896	August 2, 1995, Reg; March 16, 2004 Susp	......do	Do.
Obetz, Village of, Franklin County	390176	March 23, 1978, Emerg.; January 16, 1981, Reg; March 16, 2004 Susp	......do	Do.
Upper Arlington, City of, Franklin County	390178	August 8, 1973, Emerg.; April 15, 1980 Reg; March 16, 2004 Susp	......do	Do.
*do=Ditto
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Anthony S. Lowe,

Mitigation Division Director, Emergency Preparedness and Response Directorate.