[Federal Register: March 2, 2004 (Volume 69, Number 41)]
[Rules and Regulations]
[Page 9755-9758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr04-8]
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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suspension date given in this rule, the suspension will be withdrawn by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
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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.
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*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