[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Rules and Regulations]
[Pages 54588-54590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21503]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7791]
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suspension date given in this rule, the suspension will be withdrawn by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: Edward Pasterick, Division Director,
Program Marketing and Partnership Division, Federal Insurance and
Mitigation Administration, 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 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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
[[Page 54589]]
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Effective date
authorization/ Date certain Federal
Community cancellation of Current effective map assistance no longer
State/location No. sale of flood date available in special
insurance in flood hazard areas
community
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Region III
Virginia:
Boykins, Town of, Southampton 510151 May 20, 1975, Sept. 4, 2002......... Sept. 4, 2002.
County. Emerg.; April 1,
1982, Reg.
September 4,
2002.
Branchville, Town of, 510296 July 21, 1975; ......do.............. Do.
Southampton County. March 30, 1979,
Reg. September
4, 2002.
Franklin, City of, 510060 July 19, 1974, ......do.............. Do.
Independent City. Emerg.; August
15, 1980, Reg.
September 4,
2002.
Isle of Wight County, 510303 May 20, 1975, ......do.............. Do.
Unincorporated Areas. Emerg.; August
19, 1991, Reg.
September 4,
2002.
Smithfield, Town of, Isle of 510081 September 24, ......do.............. Do.
Wight County. 1974, Emerg.;
December 5,
1990, Reg.
September 4,
2002.
Southampton County, 510315 September 16, ......do.............. Do.
Unincorporated Areas. 1974, Emerg.;
December 15,
1982, Reg.
September 4,
2002.
Suffolk, City of, Independent 510156 January 22, 1975, ......do.............. Do.
City. Emerg.; November
16, 1990, Reg.
September 4,
2002.
Windsor, Town of, Isle of 510295 August 11, 1988, ......do.............. Do.
Wight County. Emerg.; August
1, 1990, Reg.
September 4,
2002.
Region V
Ohio:
New Boston, Village of, 390497 April 17, 1975, ......do.............. Do.
Scioto County. Emerg.; January
26, 1983, Reg.
September 4,
2002.
Portsmouth, City of, Scioto 390498 March 7, 1975, ......do.............. Do.
County. Emerg.; August
15, 1983, Reg.
September 4,
2002.
Rarden, Village of, Scioto 390499 February 14, ......do.............. Do.
County. 1977, Emerg.;
April 17, 1989,
Reg. September
4, 2002.
Scioto County, Unincorporated 390496 November 20, ......do.............. Do.
Areas. 1975, Emerg.;
June 19, 1989,
Reg. September
4, 2002.
Wisconsin:
Bay City, Village of, Pierce 555543 July 31, 1970, ......do.............. Do.
County. Emerg.; June 11,
1971, Reg.
September 4,
2002.
Region VI
New Mexico:
Lovington, City of, Lea 350031 December 10, ......do.............. Do.
County. 1974, Emerg.;
November 1,
1989, Reg.
September 4,
2002.
Region VIII
North Dakota:
Harwood, Township of, Cass 380338 April 11, 1978, ......do.............. Do.
County. Emerg.;
September 30,
1980, Reg.
September 4,
2002.
Reed, Township of, Cass 380257 December 27, ......do.............. Do.
County. 1977, Emerg.;
October 15,
1980, Reg.
September 4,
2002.
Reiles Acres, City of, Cass 380324 March 22, 1978, ......do.............. Do.
County. Emerg.;
September 30,
1987, Reg.
September 4,
2002.
West Fargo, City of, Cass 380024 December 6, 1973, ......do.............. Do.
County. Emerg.; April
17, 1978, Reg.
September 4,
2002.
Region IV
Florida:
Callaway, City of, Bay County 120005 January 13, 1975, Sept. 18, 2002........ Sept. 18, 2002
Emerg.; July 16,
1980, Reg.
September 18,
2002.
Parker, City of, Bay County.. 120011 May 5, 1975, ......do.............. Do.
Emerg.; August
1, 1980, Reg.
September 18,
2002.
Region V
Ohio:
Meigs County, Unincorporated 390387 February 9, 1977, ......do.............. Do.
Areas. Emerg.; November
16, 1995, Reg.
September 18,
2002.
Middleport, Village of, Meigs 390388 August 28, 1974, ......do.............. Do.
County. Emerg.;
September 29,
1978, Reg.
September 18,
2002.
Pomeroy, Village of, Meigs 390389 July 24, 1975, ......do.............. Do.
County. Emerg.; July 5,
1983, Reg.
September 18,
2002.
Racine, Village of, Meigs 390390 March 31, 1976, ......do.............. Do.
County. Emerg.; August
15, 1983, Reg.
September 18,
2002.
Rutland, Village of, Meigs 390670 September 3, ......do.............. Do.
County. 1975, Emerg.;
November 2,
1990, Reg.
September 18,
2002.
Syracuse, Village of, Meigs 390391 July 2, 1975, ......do.............. Do.
County. Emerg.; July 5,
1983, Reg.
September 18,
2002.
[[Page 54590]]
Wisconsin:
Chippewa Falls, City of, 550044 April 16, 1971, ......do.............. Do.
Chippewa County. Emerg.;
September 1,
1977, Reg.
September 18,
2002.
Region VI
Texas:
Abernathy, City of, Lubbock 480271 June 6, 1975, ......do.............. Do.
County. Emerg.; August
24, 1982, Reg.
September 18,
2002.
Idalou, Town of, Lubbock 480916 May 19, 1978, ......do.............. Do.
County. Emerg.; June 1,
1988, Reg.
September 18,
2002.
Lubbock, City of, Lubbock 480452 May 24, 1973, ......do.............. Do.
County. Emerg.;
September 2,
1982, Reg.
September 18,
2002.
Slanton, Town of, Lubbock 480453 June 25, 1975, ......do.............. Do.
County. Emerg.; August
3, 1982, Reg.
September 18,
2002.
Region VII
Kansas:........................
Andover, City of, Butler 200383 February 7, 1977, ......do.............. Do.
County. Emerg.; December
4, 1986, Reg.
September 18,
2002.
Region II
New York:
Corning, City of, Steuben 360772 February, 23, Sept. 27, 2002........ Sept. 27, 2002
County. 1973, Emerg.;
December 1,
1977, Reg.
September 27,
2002.
Corning, Town of, Steuben 360773 March 23, 1973, ......do.............. Do.
County. Emerg.; August
3, 1981, Reg.
September 27,
2002.
Hamilton, Town of, Madison 360401 July 2, 1975, ......do.............. Do.
County. Emerg.; May 1,
1985, Reg.
September 27,
2002.
Hamilton, Village of, Madison 360402 January 3, 1975, ......do.............. Do.
County. Emerg.; April 1,
1987, Reg.
September 27,
2002.
Region IX
Nevada:
Boulder, City of, Clark 320004 August 25, 1975, ......do.............. Do.
County. Emerg.;
September 16,
1981, Reg.
September 27,
2002.
Clark County, Unincorporated 320003 June 27, 1975, ......do.............. Do.
Areas. Emerg.;
September 29,
1989, Reg.
September 27,
2002.
Henderson, City of, Clark 320005 January 14, 1975, ......do.............. Do.
County. Emerg.; June 15,
1982, Reg.
September 27,
2002.
Las Vegas, City of, Clark 325276 August 16, 1974, ......do.............. Do.
County. Emerg.;
September 30,
1980, Reg.
September 27,
2002.
Mesquite, City of, Clark 320035 November 6, 1985, ......do.............. Do.
County. Emerg.;
September 28,
1990, Reg.
September 27,
2002.
North Las Vegas, City of, 320007 August 8, 1973, ......do.............. Do.
Clark County. Emerg.; January
16, 1981, Reg.
September 27,
2002.
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Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.
Dated: August 14, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 02-21503 Filed 8-22-02; 8:45 am]
BILLING CODE 6718-02-P