[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Rules and Regulations]
[Pages 24512-24515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11529]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7713]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, FEMA.
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suspension date given in this rule, the suspension will be withdrawn by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: Robert F. Shea Jr., Division Director,
Program Support Division, Mitigation Directorate, 500 C Street, SW.,
Room 417, Washington, DC 20472, (202) 646-3619.
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
[[Page 24513]]
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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
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Date certain
Federal assistance
State/location Community Effective date of Current effective map no longer available
No. eligibility date in special flood
hazard areas
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Region V
Michigan: Ionia, township of, 260832 Jan. 22, 1991, Emerg; May 2, 1999........... May 2, 1999.
Ionia County. May 2, 1999, Reg; May
2, 1999, Susp.
Region VI
Oklahoma:
Pryor Creek, city of, 400117 Apr. 21, 1975, Emerg; May 4, 1999........... May 4, 1999.
Mayes County. July 16, 1987, Reg;
May 4, 1999, Susp.
Mayes County, 400458 Apr. 8, 1987, Emerg; ......do.............. Do.
unincorporated areas. Dec. 1, 1989, Reg;
May 4, 1999, Susp.
Region IX
California: Los Angeles, city 060137 June 19, 1970, Emerg; ......do.............. Do.
of, Los Angeles County. Dec. 2, 1980, Reg;
May 4, 1999, Susp.
Region II
New York:
Camillus, village of, 360571 July 17, 1974, Emerg; May 18, 1999.......... May 18, 1999.
Onondaga County. Aug. 3, 1981, Reg;
May 18, 1999, Susp.
Camillus, town of, 360570 July 23, 1975, Emerg; ......do.............. Do.
Onondaga County. June 15, 1981, Reg;
May 18, 1999, Susp.
Region III
Pennsylvania:
Bedminster, township of, 421049 Feb. 5, 1976, Emerg; ......do.............. Do.
Bucks County. Dec. 1, 1983, Reg;
May 18, 1999, Susp.
Bensalem, township of, 420181 Dec. 15, 1972, Emerg; ......do.............. Do.
Bucks County. July 17, 1978, Reg;
May 18, 1999, Susp.
Bridgeton, township of, 420182 Dec. 10, 1971, Emerg; ......do.............. Do.
Bucks County. Sept. 30, 1977, Reg;
May 18, 1999, Susp.
Bristol, township of, 420984 Nov. 10, 1972, Emerg; ......do.............. Do.
Bucks County. Sept. 29, 1978, Reg;
May 18, 1999, Susp.
Buckingham, township of, 420985 Jan. 15, 1974, Emerg; ......do.............. Do.
Bucks County. Mar. 15, 1979, Reg;
May 18, 1999, Susp.
Chalfont, borough of, 420184 Feb. 25, 1972, Emerg; ......do.............. Do.
Bucks County. Dec. 28, 1976, Reg;
May 18, 1999, Susp.
Doylestown, township of, 420185 Dec. 22, 1972, Emerg; ......do.............. Do.
Bucks County. Sept. 29, 1978, Reg;
May 18, 1999, Susp.
Durham, township of, Bucks 420186 Sept. 8, 1972, Emerg; ......do.............. Do.
County. Aug. 15, 1978, Reg;
May 18, 1999, Susp.
East Rockhill, township 420187 Jan. 26, 1973, Emerg; ......do.............. Do.
of, Bucks County. Aug. 1, 1977, Reg;
May 18, 1999, Susp.
Falls, township of, Bucks 420188 July 21, 1972, Emerg; ......do.............. Do.
County. Sept. 30, 1980, Reg;
May 18, 1999, Susp.
Haycock, township of, 421127 July 28, 1975, Emerg; ......do.............. Do.
Bucks County. Sept. 3, 1980, Reg;
May 18, 1999, Susp.
Hilltown, township of, 420189 Oct. 6, 1972, Emerg; ......do.............. Do.
Bucks County. Jan. 30, 1981, Reg;
May 18, 1999, Susp.
[[Page 24514]]
Hulmeville, borough of, 420190 Aug. 16, 1973, Emerg; ......do.............. Do.
Bucks County. Sept. 30, 1977, Reg;
May 18, 1999, Susp.
Langhorne, borough of, 421074 Jan. 24, 1975, Emerg; ......do.............. Do.
Bucks County. July 2, 1980, Reg;
May 18, 1999, Susp.
Lower Makefield, township 420191 Dec. 1, 1972, Emerg; ......do.............. Do.
of, Bucks County. Sept. 30, 1977, Reg;
May 18, 1999, Susp.
Lower Southampton, 420192 Sept. 15, 1972, Emerg; ......do.............. Do.
township of, Bucks County. Mar. 15, 1977, Reg;
May 18, 1999, Susp.
Milford, township of, 422337 June 17, 1975, Emerg; ......do.............. Do.
Bucks County. June 1, 1982, Reg;
May 18, 1999, Susp.
Morrisville, borough of, 420194 Sept. 1, 1972, Emerg; ......do.............. Do.
Bucks County. Sept. 30, 1977, Reg;
May 18, 1999, Susp.
New Britain, borough of, 420986 Dec. 6, 1973, Emerg; ......do.............. Do.
Bucks County. April 2, 1979, Reg;
May 18, 1999, Susp.
New Hope, borough of, 420195 Jan. 19, 1973, Emerg; ......do.............. Do.
Bucks County. Dec. 15, 1977, Reg;
May 18, 1999, Susp.
Newtown, borough of, Bucks 420196 Feb. 5, 1975, Emerg; ......do.............. Do.
County. Dec. 18, 1979, Reg;
May 18, 1999, Susp.
Newtown, township of, 421084 Mar. 16, 1999, Emerg; ......do.............. Do.
Bucks County. Dec. 18, 1979, Reg;
May 18, 1999, Susp.
Nockamixon, township of, 420197 Feb. 2, 1973, Emerg; ......do.............. Do.
Bucks County. Nov. 2, 1977, Reg;
May 18, 1999, Susp.
Northampton, township of, 420988 Sept. 26, 1973, Emerg; ......do.............. Do.
Bucks County. Feb. 15, 1980, Reg;
May 18, 1999, Susp.
Perkasie, borough of, 420198 Sept. 8, 1972, Emerg; ......do.............. Do.
Bucks County. Mar. 1, 1977, Reg;
May 18, 1999, Susp.
Plumstead, township of, 420199 Feb. 25, 1973, Emerg; ......do.............. Do.
Bucks County. Sept. 29, 1978, Reg;
May 18, 1999, Susp.
Quakertown, borough of, 420200 Feb. 2, 1973, Emerg; ......do.............. Do.
Bucks County. July 5, 1977, Reg;
May 18, 1999, Susp.
Richland, township of, 421095 May 15, 1974, Emerg; ......do.............. Do.
Bucks County. June 15, 1981, Reg;
May 18, 1999, Susp.
Riegelsville, borough of, 420201 Aug. 25, 1972, Emerg; ......do.............. Do.
Bucks County. Apr. 17, 1978, Reg;
May 18, 1999, Susp.
Sellersville, borough of, 420203 July 9, 1973, Emerg; ......do.............. Do.
Bucks County. Feb. 15, 1978, Reg;
May 18, 1999, Susp.
Silverdale, borough of, 422338 Feb. 17, 1977, Emerg; ......do.............. Do.
Bucks County. Jan. 5, 1984, Reg;
May 18, 1999, Susp.
Solebury, township of, 420202 Oct. 29, 1971, Emerg; ......do.............. Do.
Bucks County. Apr. 15, 1977, Reg;
May 18, 1999, Susp.
Springfield, township of, 420204 June 14, 1973, Emerg; ......do.............. Do.
Bucks County. Jan. 3, 1979, Reg;
May 18, 1999, Susp.
Tinicum, township of, 420205 Nov. 12, 1971, Emerg; ......do.............. Do.
Bucks County. Feb. 1, 1979, Reg;
May 18, 1999, Susp.
Tullytown, borough of, 420206 Aug. 15, 1974, Emerg; ......do.............. Do.
Bucks County. Feb. 1, 1980, Reg;
May 18, 1999, Susp.
Upper Makefield, township 420207 Dec. 3, 1971, Emerg; ......do.............. Do.
of, Bucks County. Oct. 17, 1978, Reg;
May 18, 1999, Susp.
Upper Southampton, 420989 Oct. 4, 1973, Emerg; ......do.............. Do.
township of, Bucks County. Apr. 3, 1978, Reg;
May 18, 1999, Susp.
Warminster, township of, 420990 Oct. 4, 1973, Emerg; ......do.............. Do.
Bucks County. Mar. 1, 1978, Reg;
May 18, 1999, Susp.
Warrington, township of, 420208 Aug. 18, 1972, Emerg; ......do.............. Do.
Bucks County. Sept. 29, 1978, Reg;
May 18, 1999. Susp.
Warwick, township of, 420209 Feb. 18, 1972, Emerg; ......do.............. Do.
Bucks County. Sept. 29, 1978. Reg;
May 18, 1999, Susp.
West Rockhill, township 421123 June 1, 1979, Emerg; ......do.............. Do.
of, Bucks County. July 5, 1984, Reg;
May 18, 1999, Susp.
Wrightstown, township of, 421045 Feb. 5, 1974, Emerg; ......do.............. Do.
Bucks County. Aug. 15, 1978, Reg;
May 18, 1999, Susp.
Yardley, borough of, Bucks 420210 Dec. 10, 1971, Emerg; ......do.............. Do.
County. Aug. 1, 1977, Reg;
May 18, 1999, Susp.
Region VI
Arkansas: Clarksville, city 050112 June 26, 1975, Emerg; ......do.............. Do.
of, Johnson County. Sept. 30, 1982, Reg;
May 18, 1999, Susp.
Texas: Chambers County, 480119 July 10, 1975, Emerg; ......do.............. Do.
unincorporated areas. June 15, 1983, Reg;
May 18, 1999, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension.
[[Page 24515]]
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Issued: April 28, 1999.
Michael J. Armstrong,
Associate Director for Mitigation.
[FR Doc. 99-11529 Filed 5-6-99; 8:45 am]
BILLING CODE 6718-04-P