[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Rules and Regulations]
[Pages 5852-5854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2786]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7801]


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suspension date given in this rule, the suspension will be withdrawn by 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, 
Risk Communication Division, Federal Insurance and Mitigation 
Administration, 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

[[Page 5853]]

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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                                                                                                   Date certain
                                                                                                      federal
                                                            Effective date            Current      assistance no
         State and location           Community No.   authorization/cancellation   effective map      longer
                                                      of sale of flood insurance       date        available in
                                                             in community                          special flood
                                                                                                   hazard areas
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                                                    Region VI
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Arkansas: Conway, City of, Faulkner          050078  October 29, 1974, Emerg.;          2/5/2003        2/5/2003
 County.                                              March 18, 1980, Reg.;
                                                      February 5, 2003, Susp.
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Faulkner County, Faulkner County...          050431  September 24, 1990, Emerg.;        2/5/2003        2/5/2003
                                                      September 27, 1991, Reg.;
                                                      February 5, 2003, Susp.
Greenbrier, City of, Faulkner                050328  November 19, 1975, Emerg.;         2/5/2003        2/5/2003
 County.                                              July 13, 1982, Reg.;
                                                      February 5, 2003, Susp.
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                                                   Region III
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Virginia: Fairfax, City of,                  515524  May 8, 1970, Emerg.;              2/19/2003       2/19/2003
 Independent City.                                    December 17, 1971, Reg.;
                                                      February 19, 2003, Susp.
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                                                    Region IV
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Mississippi: D'iberville, City of,           280336  November 14, 1988, Emerg.;        2/19/2003       2/19/2003
 Harrison County.                                     November 14, 1988, Reg.;
                                                      February 19, 2003, Susp.
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[[Page 5854]]

 
                                                    Region V
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Indiana: Arcadia, Town of, Hamilton          180496  December 9, 1988, Reg.;           2/19/2003       2/19/2003
 County.                                              February 19, 2003, Susp.
Carmel, City of, Hamilton County...          180081  August 7, 1975, Emerg.; May       2/19/2003       2/19/2003
                                                      19, 1981, Reg.; February
                                                      19, 2003, Susp.
Cicero, Town of, Hamilton County...          180320  March 24, 1975, Emerg.;           2/19/2003       2/19/2003
                                                      January 2, 1980, Reg.;
                                                      February 19, 2003, Susp.
Fishers, Town of, Hamilton County..          180423  August 1, 1975, Emerg.;           2/19/2003       2/19/2003
                                                      June 30, 1976, Reg.;
                                                      February 19, 2003, Susp.
Hamilton County, Unincorporated              180080  December 15, 1988, Emerg.;        2/19/2003       2/19/2003
 Areas.                                               December 16, 1988, Reg.;
                                                      February 19, 2003, Susp.
Noblesville, City of, Hamilton               180082  June 12, 1975, Emerg.;            2/19/2003       2/19/2003
 County.                                              March 2, 1981, Reg.;
                                                      February 19, 2003, Susp.
Westfield, Town of, Hamilton County          180083  August 15, 1975, Emerg.;          2/19/2003       2/19/2003
                                                      March 16, 1981, Reg.;
                                                      February 19, 2003, Susp.
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                                                    Region X
----------------------------------------------------------------------------------------------------------------
Idaho: Boise, City of, Ada County..          160002  April 14, 1975, Emerg.;           2/19/2003       2/19/2003
                                                      April 17, 1984, Reg.;
                                                      February 19, 2003, Susp.
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Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 29, 2003.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 03-2786 Filed 2-4-03; 8:45 am]
BILLING CODE 6718-05-P