Flood insurance; communities eligible for sale: Various States,

[Federal Register: August 17, 2001 (Volume 66, Number 160)]

[Rules and Regulations]

[Page 43091-43094]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17au01-17]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7767]

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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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, (202) 646-3098.

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

[[Page 43092]]

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:

Date certain Federal assistance Community Effective date authorization/ Current no longer State and location

No. cancellation of sale of flood effective available in insurance in community

map date special flood hazard areas

Region III:

Virginia: Danville, city of,

510044 October 17, 1974, Emerg.; March 8/9/018/9/01 Pittsylvania County.

16, 1981, Reg. August 9, 2001. Region X:

Washington: Washtucna, town of,

530006 December 26, 1975, Emerg.;

-do-

-do- Adams County.

September 30, 1988, Reg. August 9, 2001. Region II:

New York: Elba, town of, Essex

361156 March 7, 1975, Emerg.; July 20, 8/23/018/23/01 County.

1979, Reg. August 23, 2001. Region VI:

Louisiana: Albany, village of,

220114 October 14, 1983, Emerg.;

-do-

-do- Livingston Parish.

October 14, 1983, Reg. August 23, 2001.

Denham Springs, city of, Livingston 220116 June 25, 1975, Emerg.; October

-do-

-do- Parish.

15, 1981, Reg. August 23, 2001.

Killian, village of, Livingston

220355 October 26, 1977, Emerg.;

-do-

-do- Parish.

August 1, 1987, Reg. August 23, 2001.

Livingston, town of, Livingston

220118 June 21, 1978, Emerg.; April

-do-

-do- Parish.

15, 1979, Reg. August 23, 2001.

Livingston Parish, unincorporated

220113 May 20, 1977, Emerg.; September

-do-

-do- areas.

30, 1988, Reg. August 23, 2001.

Port Vincent, village of,

220119 May 17, 1977, Emerg.; August

-do-

-do- Livingston Parish.

16, 1988, Reg. August 23, 2001.

Springfield, town of, Livingston

220120 March 24, 1998, Reg. August 23,

-do-

-do- Parish.

2001.

Texas: Cedar Hill, city of, Dallas 480168 June 21, 1974, Emerg.; April 1,

-do-

-do- County.

1981, Reg. August 23, 2001.

Cockrell Hill, city of, Dallas

480169 February 29, 1996, Emerg.;

-do-

-do- County.

August 23, 2001.

Coppell, city of, Dallas County.... 480170 June 11, 1975, Emerg.; August

-do-

-do- 1, 1980, Reg. August 23, 2001.

Dallas County, unincorporated areas 480165 September 4, 1970, Emerg.; July

-do-

-do- 19, 1982, Reg. August 23, 2001.

DeSoto, city of, Dallas County..... 480172 June 12, 1974, Emerg.; May 5,

-do-

-do- 1981, Reg. August 23, 2001.

Duncanville, city of, Dallas County 480173 April 16, 1974, Emerg.; April

-do-

-do- 13, 1981, Reg. August 23, 2001.

Farmers Branch, city of, Dallas

480174 February 25, 1972, Emerg.;

-do-

-do- County.

February 15, 1978, Reg. August 23, 2001.

Garland, city of, Dallas County.... 485471 August 7, 1970, Emerg.; April

-do-

-do- 16, 1971, Reg. August 23, 2001.

Glenn Heights, city of, Dallas

481265 July 8, 1980, Emerg.; July 16,

-do-

-do- County.

1980, Reg. August 23, 2001.

Grand Prairie, city of, Dallas

485472 October 1, 1971, Emerg.; July

-do-

-do- County.

6, 1973, Reg. August 23, 2001.

Highland Park, town of, Dallas

480178 October 30, 1974, Emerg.; July

-do-

-do- County.

16, 1979, Reg. August 23, 2001.

Hutchins, city of, Dallas County... 480179 May 13, 1975, Emerg.; May 1,

-do-

-do- 1980, Reg. August 23, 2001.

Irving, city of, Dallas County..... 480180 June 19, 1970, Emerg.; November

-do-

-do- 19, 1980, Reg. August 23, 2001.

Lancaster, city of, Dallas County.. 480182 May 28, 1974, Emerg.; August 3,

-do-

-do- 1981, Reg. August 23, 2001.

[[Page 43093]]

Mesquite, city of, Dallas County... 485490 July 24, 1970, Emerg.; July 30,

-do-

-do- 1971, Reg. August 23, 2001.

Richardson, city of, Dallas County. 480184 February 20, 1975, Emerg.;

-do-

-do- December 4, 1979, Reg. August 23, 2001.

Rowlett, city of, Dallas County.... 480185 June 10, 1975, Emerg.;

-do-

-do- September 1, 1978, Reg. August 23, 2001.

Sachse, city of, Dallas County..... 480186 July 25, 1975, Emerg.;

-do-

-do- September 1, 1978, Reg. August 23, 2001.

Seagoville, city of, Dallas County. 480187 June 25, 1975, Emerg.; June 15,

-do-

-do- 1981, Reg. August 23, 2001.

Sunnyvale, town of, Dallas County.. 480188 July 16, 1975, Emerg.; February

-do-

-do- 1, 1980, Reg. August 23, 2001.

University Park, city of, Dallas

480189 March 12, 1975, Emerg.;

-do-

-do- County.

November 15, 1979, Reg. August 23, 2001.

Wilmer, city of, Dallas County..... 480190 June 2, 1975, Emerg.; September

-do-

-do- 17, 1980, Reg. August 23, 2001. Region IX:

Arizona: Avondale, city of,

040038 August 25, 1975, Emerg.; June

-do-

-do- Maricopa County.

15, 1979, Reg. August 23, 2001.

Buckeye, town of, Maricopa County.. 040039 December 17, 1974, Emerg.;

-do-

-do- February 15, 1980, Reg. August 23, 2001.

Carefree, town of, Maricopa County. 040126 December 31, 1970, Emerg.; July

-do-

-do- 2, 1979, Reg. August 23, 2001.

Cave Creek, town of, Maricopa

040129 June 9, 1988, Emerg.; June 9,

-do-

-do- County.

1988, Reg. August 23, 2001.

Chandler, city of, Maricopa County. 040040 May 16, 1975, Emerg.; July 16,

-do-

-do- 1980, Reg. August 23, 2001.

El Mirage, city of, Maricopa County 040041 August 8, 1975, Emerg.;

-do-

-do- December 1, 1978, Reg. August 23, 2001.

Fountain Hills, town of, Maricopa

040135 February 10, 1994, Reg. August

-do-

-do- County.

23, 2001.

Gila Bend, town of, Maricopa County 040043 May 16, 1975, Emerg.; December

-do-

-do- 4, 1979, Reg. August 23, 2001.

Glendale, city of, Maricopa County. 040045 March 20, 1975, Emerg.; April

-do-

-do- 16, 1979, Reg. August 23, 2001.

Gilbert, town of, Maricopa County.. 040044 June 10, 1975, Emerg.; January

-do-

-do- 16, 1980, Reg. August 23, 2001.

Goodyear, city of, Maricopa County. 040046 August 8, 1975, Emerg.; July

-do-

-do- 16, 1979, Reg. August 23, 2001.

Guadalupe, town of, Maricopa County 040111 April 1, 1994, Emerg.; August

-do-

-do- 23, 2001.

Litchfield Park, city of, Maricopa 040128 August 19, 1988, Emerg.; August

-do-

-do- County.

19, 1988, Reg. August 23, 2001.

Maricopa County, unincorporated

040037 December 31, 1970, Emerg.; July

-do-

-do- areas.

2, 1979, Reg. August 23, 2001.

Mesa, city of, Maricopa County..... 040048 September 29, 1972, Emerg.; May

-do-

-do- 15, 1980, Reg. August 23, 2001.

Paradise Valley, town of, Maricopa 040049 September 15, 1972, Emerg.; May

-do-

-do- County.

1, 1980, Reg. August 23, 2001.

Peoria, city of, Maricopa County... 040050 June 18, 1975, Emerg.; November

-do-

-do- 17, 1978, Reg. August 23, 2001.

Phoenix, city of, Maricopa County.. 040051 December 17, 1971, Emerg.;

-do-

-do- December 4, 1979, Reg. August 23, 2001.

Queen Creek, town of, Maricopa

040132 July 22, 1992, Reg. August 23,

-do-

-do- County.

2001.

Scottsdale, city of, Maricopa

045012 March 26, 1971, Emerg.;

-do-

-do- County.

September 21, 1973, Reg. August 23, 2001.

Surprise, city of, Maricopa County. 040053 March 26, 1976, Emerg.;

-do-

-do- December 15, 1978, Reg. August 23, 2001.

Tempe, city of, Maricopa County.... 040054 November 18, 1974, Emerg.;

-do-

-do- August 15, 1980, Reg. August 23, 2001.

Tolleson, city of, Maricopa County. 040055 February 18, 1975, Emerg.;

-do-

-do- January 16, 1980, Reg. August 23, 2001.

Wickenburg, town of, Maricopa

040056 January 16, 1974, Emerg.;

-do-

-do- County.

January 5, 1978, Reg. August 23, 2001.

Youngstown, city of, Maricopa

040057 June 5, 1975, Emerg.; November

-do-

-do- County.

15, 1978, Reg. August 23, 2001.

[[Page 43094]]

Shishmaref, city of, unorganized

020084 June 5, 1998, Emerg.; August

-do-

-do- borough.

23, 2001 Reg. August 23, 2001. Region IX:

Idaho: Idaho County, unincorporated 160123 February 16, 1979, Emerg.; May

-do-

-do- areas.

2, 1997, Reg. August 23, 2001.

Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: August 1, 2001. Robert F. Shea, Acting Administrator, Federal Insurance and Mitigation Administration.

[FR Doc. 01-20723Filed8-16-01; 8:45 am]

BILLING CODE 6718-05-P