Suspension of Community Eligibility

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Rules and Regulations]
[Page 44077-44079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-18]

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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7787]

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

[[Page 44078]]

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this rule, the suspension will be withdrawn by publication in the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 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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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 IX

California:
LaMesa, City of, San Diego 060292 July 24, 1974, 7/2/02................ 7/2/02.
County. Emerg.; June 26,
1976, Reg. July
2, 2002.

[[Page 44079]]

Lemon Grove, City of, San 060723 November 14, .....do............... Do.
Diego County.. 1997, Reg. July
2, 2002.
San Diego, City of, San 060284 January 29, 1971, .....do............... Do.
Diego County. Emerg.; August
15, 1983, Reg.
July 2, 2002.
San Diego County 060284 March, 5, 1971, .....do............... Do.
Unincorporated Areas. Emerg.; June 15,
1984, Reg. July
2, 2002.

Region I

New Hampshire: Nashua, City of, 330097 February 6, 1975, 7/3/02................ 7/3/02.
Hillsborough County. Emerg.; June 15,
1979, Reg. July
3, 2002.

Region IV

Florida: Mount Dora, City of, 120137 February 3, 1975, .....do............... Do.
Lake County. Emerg.; April 5,
1988, Reg. July
3, 2002.

Region I

Vermont: Hardwick, Town/Village 500027 August 9, 1973, 7/17/02............... 7/17/02.
of, Caledonia County. Emerg.; June 15,
1984, Reg. July
17, 2002.

Region VII

Kansas: Winfield, City of, 200071 May 30, 1974, .....do............... Do.
Cowley County. Emerg.; March
16, 1981, Reg.
July 17, 2002.
Missouri:
El Dorado, City of, Cedar 290072 July 3, 1975, .....do............... Do.
County. Emerg.; April
15, 1986 Reg.
July 17, 2002.
Everton, City of, Dade 290589 August 13, 1976, .....do............... Do.
County. Emerg.; August
1, 1986, Reg.
July 17, 2002.
Marshfield, City of, 290685 June 13, 1975, .....do............... Do.
Webster County. Emerg.;
September 10,
1984, Reg. July
17, 2002.
Rogersville, City of, 290658 January 16, 1976, .....do............... Do.
Webster County. Emerg.; March
30, 1981, Reg.
July 17, 2002.

Region VIII

Utah:
Lehi, City of, Utah County. 490209 October 18, 1974, .....do............... Do.
Emerg.;
September 14,
1979, Reg. July
17, 2002.
Sarasota Springs, City of, 490250 May 10, 1999, .....do............... Do.
Utah County. Reg. July 17,
2002.
Utah County, Unincorporated 495517 November 21, .....do............... Do.
Areas. 1971, Emerg.;
October 15,
1982, Reg. July
17, 2002.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: June 20, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration, and Mitigation
Administration.
[FR Doc. 02-16424 Filed 6-28-02; 8:45 am]
BILLING CODE 6718-05-P

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Suspension of Community Eligibility

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