[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Rules and Regulations]
[Pages 9897-9899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4859]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7803]


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suspension date given in this rule, the suspension will be withdrawn by 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

[[Page 9898]]

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
                                         Community   Effective date authorization/    Current     assistance no
          State and location                No.      cancellation of sale of flood   effective  longer available
                                                        insurance in community       map date   in special flood
                                                                                                  hazard areas
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               Region IV
 
North Carolina: Cramerton, Town of,        370321   May 21, 1992, Reg., March 3,       3/3/03            3/3/03
 Gaston County.                                      2003, Susp.
Dallas, Town of, Gaston County........     370322   October 7, 1992, Emerg.; May       3/3/03            3/3/03
                                                     1, 1994, Reg., March 3, 2003,
                                                     Susp.
Gaston County, Unincorporated Areas...     370099   April 16, 1976, Emerg.; May 1,     3/3/03            3/3/03
                                                     1980, Reg., March 3, 2003,
                                                     Susp.
McAdenville, Town of, Gaston County...     370101   September 7, 1979, Emerg.;         3/3/03            3/3/03
                                                     June 1, 1987, Reg., March 3,
                                                     2003, Susp.
Ranlo, Town of, Gaston County.........     370324   December 19, 1989, Emerg.,         3/3/03            3/3/03
                                                     March 3, 2003, Reg., March 3,
                                                     2003, Susp.
 
               Region V
 
Wisconsin: Lincoln County,                 550585   March 8, 1976, Emerg.;             3/3/03            3/3/03
 Unincorporated Areas.                               February 19, 1986, Reg.,
                                                     March 3, 2003, Susp.
               Region II
New Jersey: Bernardsville, Borough of,     340429   December 17, 1971, Emerg.;        3/17/03           3/17/03
 Somerset County.                                    March 1, 1978, Reg., March
                                                     17, 2003, Susp.
 
New York: Rotterdam, Town of,              360740   May 22, 1974, Emerg.; June 15,    3/17/03           3/17/03
 Schenectady County.                                 1984, Reg., March 17, 2003,
                                                     Susp.
               Region V
 
Illinois: Frankfort, Village of, Will      170701   April 11, 1974, Emerg.;           3/17/03           3/17/03
 County.                                             November 1, 1979, Reg., March
                                                     17, 2003, Susp.
 
Joliet, City of, Will County..........     170702   April 13, 1973, Emerg.;           3/17/03           3/17/03
                                                     February 4, 1981, Reg., March
                                                     17, 2003, Susp.
Mokena, Village of, Will County.......     170705   June 12, 1974, Emerg.; August     3/17/03           3/17/03
                                                     1, 1979, Reg., March 17,
                                                     2003, Susp.
Monroe County, Unincorporated Areas...     170509   April 20, 1973, Emerg.; May       3/17/03           3/17/03
                                                     15, 1986, Reg., March 17,
                                                     2003, Susp.
Shorewood, Village of, Will County....     170712   May 15, 1974, Emerg.; November    3/17/03           3/17/03
                                                     1, 1979, Reg., March 17,
                                                     2003, Susp.
Will County, Unincorporated Areas.....     170695   April 22, 1974, Emerg.; April     3/17/03           3/17/03
                                                     15, 1982, Reg., March 17,
                                                     2003, Susp.
Wisconsin: Menasha, City of, Winnebago     550510   April 25, 1973, Emerg.; April     3/17/03           3/17/03
 County.                                             3, 1978, Reg., March 17,
                                                     2003, Susp.
Neenah, City of, Winnebago County.....     550509   April 23, 1974, Emerg.;           3/17/03           3/17/03
                                                     January 2, 1981, Reg., March
                                                     17, 2003, Susp.
Omro, City of, Winnebago County.......     550533   October 22, 1975, Emerg.;         3/17/03           3/17/03
                                                     August 1, 1980, Reg., March
                                                     17, 2003, Susp.
Oshkosh, City of, Winnebago County....     550511   November 12, 1971, Emerg.; May    3/17/03           3/17/03
                                                     16, 1977, Reg., March 17,
                                                     2003, Susp.
Winnebago County, Unincorporated Areas     550537   April 15, 1974, Emerg.;           3/17/03           3/17/03
                                                     February 4, 1981, Reg., March
                                                     17, 2003, Susp.
Winneconne, Village of, Winnebago          550512   August 15, 1975, Emerg.;          3/17/03           3/17/03
 County.                                             August 1, 1980, Reg., March
                                                     17, 2003, Susp.
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[[Page 9899]]

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; 
Susp.--Suspension.

    Dated: February 25, 2003.
Anthony S. Lowe,
Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 03-4859 Filed 2-28-03; 8:45 am]
BILLING CODE 6718-05-P