Suspension of Community Eligibility

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

[Federal Register: June 2, 2003 (Volume 68, Number 105)]
[Rules and Regulations]
[Page 32657-32659]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn03-16]

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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7809]

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suspension date given in this rule, the suspension will be withdrawn by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 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 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 32658]]

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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
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Region II

New York: Plattsburgh, City 360168 April 12, 1973, June 3, 2003........... June 3, 2003.
of, Clinton County. Emerg.; April
17, 1978, Reg.;
June 3, 2003,
Susp.
Plattsburgh, Town of, 360169 May 25, 1973, ...... do*............. Do.
Clinton County. Emerg.;
September 28,
1979, Reg.; June
3, 2003, Susp.

Region IV

North Carolina: Laurinburg, 370222 February 14, June 17, 2003.......... June 17, 2003.
City of, Scotland County. 1975, Emerg.;
January 3, 1986,
Reg.; June 17,
2003, Susp.
Scotland County, 370316 July 30, 1975, ......do............... Do.
Unincorporated Areas. Emerg.; December
16, 1988, Reg.;
June 17, 2003,
Susp.

Region V

Wisconsin: Belleville, Village 550159 July 15, 1975, ......do............... Do.
of, Dane County. Emerg.; November
19, 1980, Reg.;
June 17, 2003,
Susp.
Black Earth, Village of, 550079 August 7, 1975, ......do............... Do.
Dane County. Emerg.; January
2, 1981, Reg.;
June 17, 2003,
Susp.
Cambridge, Village of, 550080 November 28, ......do............... Do.
Dane County. 1975, Emerg.;
June 4, 1980,
Reg.; June 17,
2003, Susp.
Cottage Grove, Village of, 550617 July 11, 2000, ......do............... Do.
Dane County. Emerg.; June 17,
2003, Reg.; June
17, 2003, Susp.
Cross Plains, Village of, 550081 June 16, 1975, ......do............... Do.
Dane County. Emerg.; February
16, 1983, Reg.;
June 17, 2003,
Susp.
Dane County, 550077 October 20, 1972, ......do............... Do.
Unincorporated Areas. Emerg.;
September 29,
1978, Reg.; June
17, 2003, Susp.
De Forest, Village of, 550082 April 16, 1975, ......do............... Do.
Dane County. Emerg.;
September 1,
1978, Reg.; June
17, 2003, Susp.
Fitchburg, City of, Dane 550610 August 23, 2001. ......do............... Do.
County. Reg.; June 17,
2003, Susp.
Madison, City of, Dane 550083 July 17, 1975, ......do............... Do.
County. Emerg.;
September 30,
1980, Reg.; June
17, 2003, Susp.
Marshall, Village of, Dane 550084 July 15, 1975, ......do............... Do.
County. Emerg.; December
16, 1980, Reg.;
June 17, 2003,
Susp.
Mazomanie, Village of, 550085 July 29, 1975, ......do............... Do.
Dane County. Emerg.; December
1, 1981, Reg.;
June 17, 2003,
Susp.
McFarland, Village of, 550086 April 17, 1975, ......do............... Do.
Dane County. Emerg.; June 15,
1978, Reg.; June
17, 2003, Susp.
Middleton, City of, Dane 550087 June 27, 1974, ......do............... Do.
County. Emerg.; May 1,
1980, Reg.; June
17, 2003, Susp.
Monona, City of, Dane 550088 March 25, 1975, ......do............... Do.
County. Emerg.; June 15,
1978, Reg.; June
17, 2003, Susp.
Oregon, Village of, Dane 550089 May 28, 1974, ......do............... Do.
County. Emerg.;
September 30,
1980, Reg.; June
17, 2003, Susp.
Stoughton, City of, Dane 550091 April 15, 1975, ......do............... Do.
County. Emerg.; June 15,
1978, Reg.; June
17, 2003, Susp.
Sun Prairie, City of, Dane 550573 December 11, ......do............... Do.
County. 1995, Reg.; June
17, 2003, Susp.
Verona, City of, Dane 550092 June 24, 1975, ......do............... Do.
County. Emerg.; August
1, 1980, Reg.;
June 17, 2003,
Susp.
Waunakee, Village of, Dane 550093 May 29, 1975, ......do............... Do.
County. Emerg.; May 1,
1978, Reg.; June
17, 2003, Susp.

Region VIII

Colorado: Wheat Ridge, City 085079 April 16, 1971, ......do............... Do.
of, Jefferson County. Emerg.; May 26,
1972, Reg.; June
17, 2003, Susp.
Wyoming: Lincoln County, 560032 June 23, 1978, ......do............... Do.
Unincorporated Areas. Emerg.; February
15, 1980, Reg.;
June 17, 2003,
Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

[[Page 32659]]

Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-13632 Filed 5-30-03; 8:45 am]
BILLING CODE 6718-05-P

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Suspension of Community Eligibility

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