[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Rules and Regulations]
[Pages 63271-63273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25959]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7793]


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

[[Page 63272]]

rule, the suspension will be withdrawn by publication in the Federal 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 and 
Mitigation Administrator, 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 
programs 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:

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                                                      Effective date
                                                      authorization/                                                Date certain Federal assistance no
        State and location            Community    cancellation of sale         Current effective map date           longer available in special flood
                                         No.      of flood insurance in                                                        hazard areas
                                                        community
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             Region I
 
Maine: Brighton Plantation,               230538  April 25, 1975,        October 4, 2002........................  October 4, 2002
 Somerset County.                                  Emerg.; April 30,
                                                   1984, Reg; October
                                                   4, 2002.
             Region IV
 
Georgia: White County,                    130191  November 9, 1987,      October 18, 2002.......................  October 18, 2002
 Unincorporated Areas.                             Emerg.; September 1,
                                                   1989, Reg; October
                                                   18, 2002.
             Region V
 
Illinois:

[[Page 63273]]

 
    Andalusia, Village of, Rock           170583  February 18, 1975,     ......do...............................   Do.
     Island County.                                Emerg.; January 20,
                                                   1982, Reg; October
                                                   18, 2002.
    Carbon Cliff, Village of, Rock        170584  May 23, 1975, Emerg.;  ......do...............................   Do.
     Island County.                                June 1, 1982, Reg;
                                                   October 18, 2002.
    Coal Valley, Village of, Rock         170585  September 26, 1974,    ......do...............................   Do.
     Island County.                                Emerg.; December 4,
                                                   1979, Reg; October
                                                   18, 2002.
    Cordova, Village of, Rock             170586  April 18, 1975,        ......do...............................   Do.
     Island County.                                Emerg.; December 1,
                                                   1981, Reg; October
                                                   18, 2002.
    East Moline, City of, Rock            170587  March 5, 1976,         ......do...............................   Do.
     Island County.                                Emerg.; October 15,
                                                   1982, Reg; October
                                                   18, 2002.
    Hampton, Village of, Rock             170588  May 29, 1975, Emerg.;  ......do...............................   Do.
     Island County.                                January 6, 1982,
                                                   Reg; October 18,
                                                   2002.
    Hillsdale, Village of, Rock           170589  February 11, 1974,     ......do...............................   Do.
     Island County.                                Emerg.; July 19,
                                                   1982, Reg; October
                                                   18, 2002.
    Milan, Village of, Rock Island        170590  April 3, 1975,         ......do...............................   Do.
     County.                                       Emerg.; March 18,
                                                   1980, Reg; October
                                                   18, 2002.
    Moline, City of, Rock Island          170591  March 4, 1975,         ......do...............................   Do.
     County.                                       Emerg.; February 1,
                                                   1980, Reg; October
                                                   18, 2002.
    Port Byron, Village of, Rock          170592  October 2, 1974,       ......do...............................   Do.
     Island County.                                Emerg.; September 2,
                                                   1981, Reg; October
                                                   18, 2002.
    Rapids City, Village of, Rock         170593  April 1, 1975,         ......do...............................   Do.
     Island County.                                Emerg.; January 6,
                                                   1982, Reg; October
                                                   18, 2002.
    Reynolds, Village of, Rock            170883  March 24, 1998,        ......do...............................   Do.
     Island County.                                Emerg.; October 18,
                                                   2002 October 18,
                                                   2002.
    Rock Island, City of, Rock            175171  July 9, 1971, Emerg.;  ......do...............................   Do.
     Island County.                                June 9, 1972, Reg;
                                                   October 18, 2002.
    Rock Island County,                   170582  May 14, 1971, Emerg.;  ......do...............................   Do.
     Unincorporated Areas.                         August 2, 1982, Reg;
                                                   October 18, 2002.
    Silvis, City of, Rock Island          170595  April 27, 1979,        ......do...............................   Do.
     County.                                       Emerg.; September
                                                   19, 1983, Reg;
                                                   October 18, 2002.
 
            Region VIII
 
Missouri: Greene County,                  290782  April 15, 1975,        ......do...............................   Do.
 Unincorporated Areas.                             Emerg.; June 15,
                                                   1983, Reg; October
                                                   18, 2002.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 3, 2002.
Anthony S. Lowe,
Administrator, Federal Insurance Administration and Mitigation 
Administration.
[FR Doc. 02-25959 Filed 10-10-02; 8:45 am]
BILLING CODE 6718-05-P