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Home » 2005 Issues » 70 FR (04/19/2005) » 05-7754. Suspension of Community Eligibility

  05-7754. Suspension of Community Eligibility  

  • Start Preamble

    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 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.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Michael M. Grimm, Mitigation Division, 500 C Street, SW.; Room 412, Washington, DC 20472, (202) 646-2878.

    End Further Info End Preamble Start Supplemental Information

    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 Start Printed Page 20300assistance (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.

    Start List of Subjects

    List of Subjects in 44 CFR Part 64

    • Flood insurance
    • Floodplains
    End List of Subjects Start Amendment Part

    Accordingly, 44 CFR part 64 is amended as follows:

    End Amendment Part Start Part

    PART 64—[AMENDED]

    End Part Start Amendment Part

    1. The authority citation for Part 64 continues to read as follows:

    End Amendment Part Start Authority

    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.

    End Authority
    [Amended]
    Start Amendment Part

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

    End Amendment Part
    State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in special flood hazard areas
    Region III
    Pennsylvania:
    Adamstown, Borough of, Lancaster County420541December 4, 1973, Emerg; January 16, 1981, Reg; April 19, 2005, SuspApr. 19, 2005Apr. 19, 2005.
    Akron, Borough of, Lancaster County422461December 31, 1975, Emerg; December 16, 1980, Reg; April 19, 2005, Susp.......do  Do.
    Bart, Township of, Lancaster County421761June 10, 1975, Emerg; January 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    Brecknock, Township of, Lancaster County421762July 9, 1975, Emerg; April 1, 1981, Reg; April 19, 2005, Susp......do  Do.
    Caernarvon, Township of, Lancaster County421763April 29, 1975, Emerg; May 19, 1981, Reg; April 19, 2005, Susp......do  Do.
    Christiana, Borough of, Lancaster County420542July 30, 1975, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Clay, Township of, Lancaster County421764April 29, 1975, Emerg; December 16, 1980, Reg; April 19, 2005, Susp......do  Do.
    Colerain, Township of, Lancaster County421765September 17, 1975, Emerg; January 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    Columbia, Borough of, Lancaster County420543March 9, 1973, Emerg; January 6, 1982, Reg; April 19, 2005, Susp......do  Do.
    Conestoga, Township of, Lancaster County420544April 24, 1973, Emerg; March 18, 1980, Reg; April 19, 2005, Susp......do  Do.
    Conoy, Township of, Lancaster County420545July 6, 1973, Emerg; June 4, 1980, Reg; April 19, 2005, Susp......do  Do.
    Denver, Borough of, Lancaster County420546August 22, 1973, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Drumore, Township of, Lancaster County421766July 7, 1975, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Earl, Township of, Lancaster County421767January 13, 1975, Emerg; December 16, 1980, Reg; April 19, 2005, Susp......do  Do.
    Start Printed Page 20301
    East Cocalico, Township of, Lancaster County420547April 24, 1974, Emerg; March 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    East Donegal, Township of, Lancaster County421768August 30, 1974, Emerg; January 16, 1980, Reg; April, 19, 2005, Susp......do  Do.
    East Drumore, Township of, Lancaster County421769August 27, 1975, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    East Earl, Township of, Lancaster County421770October 18, 1974, Emerg; September 4, 1987, Reg; April 19, 2005, Susp......do  Do.
    East Hempfield, Township of, Lancaster County420548June 6, 1973, Emerg; September 28, 1979, Reg; April 19, 2005, Susp......do  Do.
    East Lampeter, Township of, Lancaster County421771September 6, 1974, Emerg; December 16, 1980, Reg; April 19, 2005, Susp......do  Do.
    East Petersburg, Borough of, Lancaster County420549September 27, 1974, Emerg; September 5, 1979, Reg; April 19, 2005, Susp......do  Do.
    Eden, Township of, Lancaster County421772July 7, 1980, Emerg; December 16, 1980, Reg; April 19, 2005, Susp......do  Do.
    Elizabeth, Township of Lancaster County421773July 31, 1975, Emerg; September 28, 1979, Reg; April 19, 2005, Susp......do  Do.
    Elizabethtown, Borough of, Lancaster County420550May 15, 1973, Emerg; April 17, 1978, Reg; April 19, 2005, Susp......do  Do.
    Ephrata, Borough of, Lancaster County420551April 17, 1973, Emerg; April 1, 1981, Reg; April 19, 2005, Susp......do  Do.
    Fulton, Township of, Lancaster County421774July 11, 1975, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Lancaster, City of, Lancaster County420552May 12, 1972, Emerg; September 28, 1979, Reg; April 19, 2005, Susp......do  Do.
    Lancaster, Township of, Lancaster County420553March 9, 1973, Emerg; December 18, 1979, Reg; April 19, 2005, Susp......do  Do.
    Leacock, Township of, Lancaster County420958December 17, 1973, Emerg; March 1, 1978, Reg; April 19, 2005, Susp......do  Do.
    Lititz, Borough of, Lancaster County420554October 6, 1972, Emerg; October 15, 1980, Reg; April 19, 2005, Susp......do  Do.
    Little Britain, Township of, Lancaster County421775June 16, 1975, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Manheim, Borough of, Lancaster County420555April 19, 1973, Emerg; March 2, 1983, Reg; April 19, 2005, Susp......do  Do.
    Manheim, Township of, Lancaster County420556July 5, 1973, Emerg; August 15, 1979, Reg; April 19, 2005, Susp......do  Do.
    Manor, Township of, Lancaster County420557April 19, 1973, Emerg; March 18, 1980, Reg; April 19, 2005, Susp......do  Do.
    Marietta, Borough of, Lancaster County420558July 5, 1973, Emerg; February 1, 1980, Reg; April 19, 2005, Susp......do  Do.
    Martic, Township of, Lancaster County421146April 11, 1974, Emerg; January 16, 1980, Reg; April 19, 2005, Susp......do  Do.
    Millersville, Borough of, Lancaster County420559November 11, 1974, Emerg; December 15, 1978, Reg; April 19, 2005, Susp......do  Do.
    Mount Joy, Borough of, Lancaster County420561May 22, 1974, Emerg; October 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Mount Joy, Township of, Lancaster County421776May 22, 1974, Emerg; October 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Mountville, Borough of, Lancaster County420560August 5, 1975, Emerg; July 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    Paradise, Township of, Lancaster County421777January 13, 1975, Emerg; May 19, 1981, Reg; April 19, 2005, Susp......do  Do.
    Penn, Township of, Lancaster County421778February 5, 1975, Emerg; September 2, 1981, Reg; April 19, 2005, Susp......do  Do.
    Pequea, Township of, Lancaster County421779January 24, 1975, Emerg; September 30, 1980, Reg; April 19, 2005, Susp......do  Do.
    Providence, Township of, Lancaster County421780December 13, 1974, Emerg; September 30, 1981, Reg; April 19, 2005, Susp......do  Do.
    Quarryville, Borough of, Lancaster County420563September 25, 1974, Emerg; January 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    Rapho, Township of, Lancaster County421781June 25, 1975, Emerg; February 16, 1983, Reg; April 19, 2005, Susp......do  Do.
    Sadsbury, Township of, Lancaster County421782July 30, 1975, Emerg; January 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    Salisbury, Township of, Lancaster County421783May 5, 1975, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    Start Printed Page 20302
    Strasburg, Township of, Lancaster County421784May 27, 1975, Emerg; February 4, 1981, Reg; April 19, 2005, Susp......do  Do.
    Upper Leacock, Township of, Lancaster County421785June 19, 1975, Emerg; November 3, 1978, Reg; April 19, 2005, Susp......do  Do.
    Warwick, Township of, Lancaster County421786July 2, 1975, Emerg; November 19, 1980, Reg; April 19, 2005, Susp......do  Do.
    West Cocalico, Township of, Lancaster County421787August 5, 1974, Emerg; April 15, 1981, Reg; April 19, 2005, Susp......do  Do.
    West Donegal, Township of, Lancaster County421788June 5, 1975, Emerg; July 16, 1981, Reg; April 19, 2005, Susp......do  Do.
    West Earl, Township of, Lancaster County420959November 2, 1973, Emerg; May 19, 1981, Reg; April 19, 2005, Susp......do  Do.
    West Hempfield, Township of, Lancaster County421789August 30, 1974, Emerg; September 5, 1979, Reg; April 19, 2005, Susp......do  Do.
    West Lampeter, Township of, Lancaster County420566July 9, 1973, Emerg; January 2, 1981, Reg; April 19, 2005, Susp......do  Do.
    Region V
    Brooklyn Park, City of, Hennepin County270152February 5, 1974, Emerg; May 17, 1982, Reg; September 2, 2004, Susp09/02/2004  Do.
    Region VI
    Oklahoma: Tuttle, Town of, Grady County400443February 10, 1987, Emerg, November 1, 1989, Reg; April 19, 2005, Susp4/19/2005  Do.
    Region X
    Washington: North Bend, City of, King County530085November 6, 1974, Emerg; August 1, 1984, Reg; April 19, 2005, Susp......do  Do.
    * -do- =Ditto.
     Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.
    Start Signature

    Dated: April 11, 2005.

    David I. Maurstad,

    Acting Mitigation Division Director, Emergency Preparedness and Response Directorate.

    End Signature End Supplemental Information

    [FR Doc. 05-7754 Filed 4-18-05; 8:45 am]

    BILLING CODE 9110-12-U

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Document Information

Published:
04/19/2005
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
05-7754
Pages:
20299-20302 (4 pages)
Docket Numbers:
Docket No. FEMA-7875
Topics:
Flood insurance, Flood plains
PDF File:
05-7754.pdf
CFR: (1)
44 CFR 64.6