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, 2003 (Volume 68, Number 126)]
[Rules and Regulations]
[Page 39019-39021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy03-10]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7811]

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suspension date given in this rule, the suspension will be withdrawn by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: Mike Grimm, Mitigation Division, 500 C
Street, SW.; Room 412, Washington, DC 20472, (202) 646-2878.

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.

[[Page 39020]]

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.

Section 64.6 [Amended]

? 2. The tables published under the authority of Sec. 64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
Effective date
authorization/ Date Certain Federal
Community cancellation of Current Effective Map assistance no longer
State and Local Jurisdiction No. sale of flood Date available in special
insurance in flood hazard areas
community
----------------------------------------------------------------------------------------------------------------
Region I

Maine: Beals, Town of, 230133 September 16, July 2, 2003.......... July 2, 2003.
Washington County 1975, Emerg.;
May 15, 1991,
Reg.; July 2,
2003, Susp

Region II

New Jersey: Estell Manor, City 340573 March 14, 1975, ......do.............. Do.
of, Atlantic County Emerg.; November
3, 1978, Reg.;
July 2, 2003,
Susp

Region III

Pennsylvania: Salisbury, 420591 March 16, 1973, ......do.............. Do.
Township of, Lehigh County Emerg.; January
3, 1979, Reg.;
July 2, 2003,
Susp

Region V

Wisconsin: Markesan, City of, 550169 June 9, 1975, ......do.............. Do.
Green Lake County Emerg.; July 16,
2003, Reg.; July
16, 2003, Susp

Region III

Virginia: New Market, Town of, 510227 August 11, 1975, July 16, 2003......... July 16, 2003.
Shenandoah County Emerg.; October
23, 1981, Reg.;
July 16, 2003,
Susp

Shenandoah County, 510147 March 30, 1973, ......do.............. Do.
Unincorporated Areas Emerg.; August
1, 1978, Reg.;
July 16, 2003,
Susp

Strasburg, Town of, Shenandoah 510149 October 9, 1973, ......do.............. Do.
County Emerg.; December
26, 1978, Reg.;
July 16, 2003,
Susp

Toms Brook, Town of, Shenandoah 510233 June 12, 1975, ......do.............. Do.
County Emerg.;
September 10,
1984, Reg.; July
16, 2003, Susp

Woodstock, Town of, Shenandoah 510150 October 18, 1974, ......do.............. Do.
County Emerg.; August
3, 1984, Reg.;
July 16, 2003,
Susp

Region IV

North Carolina: Atlantic Beach, 370044 July 14, 1972, ......do.............. Do.
Town of, Carteret County Emerg.; March
15, 1977, Reg.;
July 16, 2003,
Susp

Beaufort, Town of, Carteret 375346 December 3, 1971, ......do.............. Do.
County Emerg.; December
1, 1972, Reg.;
July 16, 2003,
Susp

Bogue, Town of, Carteret County 370491 May 5, 1997, ......do.............. Do.
Reg.; July 16,
2003, Susp

Cape Carteret, Town of, 370046 December 12, ......do.............. Do.
Carteret County 1973, Emerg.;
April 1, 1977,
Reg.; July 16,
2003, Susp

Carteret County, Unincorporated 370043 November 19, ......do.............. Do.
Areas 1971, Emerg.;
May 15, 1980,
Reg.; July 16,
2003, Susp

Cedar Point, Town of, Carteret 370465 July 26, 1989, ......do.............. Do.
County Emerg.; July 26,
1989, Reg.; July
16, 2003, Susp

Emerald Isle, Town of, Carteret 370047 June 29, 1973, ......do.............. Do.
County Emerg.; April 1,
1977, Reg.; July
16, 2003, Susp

Indian Beach, Town of, Carteret 370433 January 13, 1983, ......do.............. Do.
County Emerg.; March 4,
1985, Reg.; July
16, 2003, Susp

Morehead City, Town of, 370048 April 13, 1973, ......do.............. Do.
Carteret County Emerg.; February
16, 1977, Reg.;
July 16, 2003,
Susp

Newport, Town of, Carteret 370049 January 17, 1974, ......do.............. Do.
County Emerg.; May 15,
1978, Reg.; July
16, 2003, Susp

Pine Knoll Shores, Town of, 370267 October 25, 1973, ......do.............. Do.
Carteret County Emerg.;
September 28,
1979, Reg.; July
16, 2003, Susp

----------------------------------------------------------------------------------------------------------------
*...do ...= ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[[Page 39021]]

Dated: June 25, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-16544 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-05-P

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Suspension of Community Eligibility

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