[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Rules and Regulations]
[Pages 32657-32659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13632]



[[Page 32657]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7809]


Suspension of Community Eligibility

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suspension date given in this rule, the suspension will be withdrawn by 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


0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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]

0
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