FR Doc 03-10842

[Federal Register: May 2, 2003 (Volume 68, Number 85)]
[Rules and Regulations]
[Page 23408-23410]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my03-12]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7807]

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suspension date given in this rule, the suspension will be withdrawn by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: Edward Pasterick, Mitigation Division,
500 C Street, SW., Room 435, Washington, DC 20472, (202) 646-3443.

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

[[Page 23409]]

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.

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 I

Maine:
Newry, Town of, Oxford 230337 December 30, May 5, 2003........... May 5, 2003.
County. 1975, Emerg.;
September 4,
1985, Reg.; May
5, 2003, Susp.
Turner, Town of, 230010 July 29, 1975, ......do.............. Do.
Androscoggin County. Emerg.; June 19,
1985, Reg.; May
5, 2003, Susp.

Region III

Delaware:
Cheswold, Town of, Kent 100004 April 16, 1975, ......do.............. Do.
County. Emerg.; January
7, 1977, Reg.;
May 5, 2003,
Susp.
Little Creek, Town of, Kent 100015 July 30, 1975, ......do.............. Do.
County. Emerg.; January
17, 1979, Reg.;
May 5, 2003,
Susp.

Region IV

Florida:
Charlotte County, 120061 August 6, 1971, ......do.............. Do.
Unincorporated Areas. Emerg.; August
6, 1971, Reg.;
May 5, 2003,
Susp.
Lee County, Unincorporated 125124 October 30, 1970, ......do.............. Do.
Areas. Emerg.;
September 19,
1984, Reg.; May
5, 2003, Susp.

Region V

Illinois:
Bradley, Village of, 170338 October 29, 1974, ......do.............. Do.
Kankakee County. Emerg.; March 1,
1978, Reg.; May
5, 2003, Susp.
Kankakee, City of, Kankakee 170339 May 29, 1973, ......do.............. Do.
County. Emerg.; April
17, 1978, Reg.;
May 5, 2003,
Susp.

Region IX

California: Tehama County, 065064 April 23, 1971, ......do.............. Do.
Unincorporated Areas. Emerg.; June 1,
1982, Reg.; May
5, 2003, Susp.

Region III

Pennsylvania:
Carnegie, Borough of, 420019 July 23, 1973, May 15, 2003.......... May 15, 2003.
Allegheny County. Emerg.; May 1,
1978, Reg.; May
15, 2003, Susp.
Crafton, Borough of, 420026 April 15, 1974, ......do.............. Do.
Allegheny County. Emerg.; December
19, 1980, Reg.;
May 15, 2003,
Susp.
Green Tree, Borough of, 420040 June 27, 1974, ......do.............. Do.
Allegheny County. Emerg.; July 16,
1981, Reg.; May
15, 2003, Susp.
Kennedy, Township of, 42172 April 26, 1974, ......do.............. Do.
Allegheny County. Emerg.; February
15, 1980, Reg.;
May 15, 2003,
Susp.
Mckees Rocks, Borough of, 420052 November 3, 1972, ......do.............. Do.
Allegheny County. Emerg.; May 16,
1977, Reg.; May
15, 2003, Susp.
Pittsburgh, City of, 420063 April 13, 1973, ......do.............. Do.
Allegheny County. Emerg.; December
15, 1981, Reg.;
May 15, 2003,
Susp.
Robinson, Township of, 421097 March 17, 1976, ......do.............. Do.
Allegheny County. Emerg.; February
3, 1982, Reg.;
May 15, 2003,
Susp.
Rosslyn Farms, Borough of 420069 February 7, 1975, ......do.............. Do.
Allegheny County. Emerg.; May 19,
1981, Reg.; May
15, 2003, Susp.
Scott, Township of, 421100 October 9, 1974, ......do.............. Do.
Allegheny County. Emerg.; May 3,
1982, Reg.; May
15, 2003, Susp.
Thornburg, Borough of, 420077 January 16, 1980, ......do.............. ......................
Allegheny County. Emerg.; July 18,
1983, Reg.; May
15, 2003, Susp.

Region IV
North Carolina:
Aurora, Town of, Beaufort 370014 June 4, 1975, ......do.............. Do.
County. Emerg.; January
3, 1986, Reg.;
May 15, 2003,
Susp.
Bath, Town of, Beaufort 370288 April 8, 1987, ......do.............. Do.
County. Emerg.; April 8,
1987, Reg.; May
15, 2003, Susp.
Beaufort County, 370013 June 9, 1972, ......do.............. Do.
Unincorporated Areas. Emerg.; February
4, 1987, Reg.;
May 15, 2003,
Susp.

[[Page 23410]]

Belhaven, Town of, Beaufort 370015 October 27, 1972, ......do.............. Do.
County. Emerg.; May 16,
1977, Reg.; May
15, 2003, Susp.
Chocowinity, Town of, 370289 June 30, 1997, ......do.............. Do.
Beaufort County. Reg.; May 15,
2003, Susp.
Hyde County, Unincorporated 370133 February 8, 1974, ......do.............. Do.
Areas. Emerg.; February
4, 1987, Reg.;
May 15, 2003,
Susp.
Pantego, Town of, Beaufort 370016 November 24, ......do.............. Do.
County. 1975, Emerg.;
August 5, 1985,
Reg.; May 15,
2003, Susp.
Washington Park, Town of 370268 September 29, ......do.............. Do.
Beaufort County. 1972, Emerg.;
November 22,
1976, Reg.; May
15, 2003, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.

Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-10842 Filed 5-1-03; 8:45 am]

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