[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Rules and Regulations]
[Pages 5221-5222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2670]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7777]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 5222]]

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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                                                                                                         Date
                                                                                                       certain
                                                                                                       Federal
                                                                                                      assistance
                                             Community   Effective date authorization/    Current     no longer
            State and location                  No.      cancellation of sale of flood   effective    available
                                                             insurance in community       map date    in special
                                                                                                        flood
                                                                                                        hazard
                                                                                                        areas
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Region II:
  New York: Davenport, Town of, Delaware         360192  July 7, 1975, Emerg.; May 15,     02/02/02     02/02/02
   County.                                                1985, Reg. February 2, 2002.
  Evans, Town of, Erie County.............       360240  April 21, 1972, Emerg.;           02/02/02     02/02/02
                                                          September 30, 1977, Reg.
                                                          February 2, 2002.
  Big Flats, Town of, Chemung County......       360148  March 23, 1973, Emerg.;           02/02/02     02/02/02
                                                          September 30, 1981, Reg.
                                                          February 2, 2002.
Region VIII:
  Montana: Cascade County, Unincorporated        300008  May 22, 1975, Emerg.; April       02/15/02     02/15/02
   Area.                                                  15, 1980, Reg. February 15,
                                                          2002.
  North Dakota: McHenry County,                  380307  March 23, 1976, Emerg.;           02/15/02     02/15/02
   Unincorporated Areas.                                  September 18, 1987, Reg.
                                                          February 15, 2002.
  Karisruhe, City of, McHenry County......       380048  September 22, 1999, Emerg.;       02/15/02     02/15/02
                                                          February 15, 2002.
  Lebanon, Township of McHenry County.....       380309  March 29, 1996, Emerg.;           02/15/02     02/15/02
                                                          September 18, 1987, Reg.
                                                          February 15, 2002.
  Newport, Township of, McHenry County....       380308  March 24, 1976, Emerg.;           02/15/02     02/15/02
                                                          September 18, 1987, Reg.
                                                          February 15, 2002.
  Villard, Township of, McHenry County....       380317  March 31, 1977, Emerg.;           02/15/02     02/15/02
                                                          September 18, 1987, Reg.
                                                          February 15, 2002.
  Ward County, Unincorporated Areas.......       380157  April 9, 1971, Emerg.;            02/15/02     02/15/02
                                                          October 15, 1976, Reg.
                                                          February 15, 2002.
  Burlington, Township of, Ward County....       380650  February 19, 1982, Emerg.;        02/15/02     02/15/02
                                                          February 19, 1982, Reg.
                                                          February 15, 2002.
  Des Lacs, City of, Ward County..........       380712  November 24, 1999, Emerg.;        02/15/02     02/15/02
                                                          February 15, 2002.
  Minot, City of, Ward County.............       385367  March 17, 1970, Emerg., March     02/15/02    02/15/02
                                                          17, 1970, Reg. February 15,
                                                          2002.
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 Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 28, 2002.
Robert F. Shea,
Acting Administrator, Federal Insurance Administration and Mitigation 
Administration.
[FR Doc. 02-2670 Filed 2-4-02; 8:45 am]
BILLING CODE 6718-05-P