[Federal Register Volume 68, Number 126 (Tuesday, July 1, 2003)]
[Rules and Regulations]
[Pages 39019-39021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16544]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7811]


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suspension date given in this rule, the suspension will be withdrawn by 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 412, Washington, DC 20472, (202) 646-2878.

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.

[[Page 39020]]

    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.


Section 64.6  [Amended]

0
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
                                   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
----------------------------------------------------------------------------------------------------------------
            Region I
 
Maine: Beals, Town of,                 230133  September 16,      July 2, 2003..........  July 2, 2003.
 Washington County                              1975, Emerg.;
                                                May 15, 1991,
                                                Reg.; July 2,
                                                2003, Susp
 
           Region II
 
New Jersey: Estell Manor, City         340573  March 14, 1975,    ......do..............   Do.
 of, Atlantic County                            Emerg.; November
                                                3, 1978, Reg.;
                                                July 2, 2003,
                                                Susp
 
           Region III
 
Pennsylvania: Salisbury,               420591  March 16, 1973,    ......do..............   Do.
 Township of, Lehigh County                     Emerg.; January
                                                3, 1979, Reg.;
                                                July 2, 2003,
                                                Susp
 
            Region V
 
Wisconsin: Markesan, City of,          550169  June 9, 1975,      ......do..............   Do.
 Green Lake County                              Emerg.; July 16,
                                                2003, Reg.; July
                                                16, 2003, Susp
 
           Region III
 
Virginia: New Market, Town of,         510227  August 11, 1975,   July 16, 2003.........  July 16, 2003.
 Shenandoah County                              Emerg.; October
                                                23, 1981, Reg.;
                                                July 16, 2003,
                                                Susp
 
Shenandoah County,                     510147  March 30, 1973,    ......do..............   Do.
 Unincorporated Areas                           Emerg.; August
                                                1, 1978, Reg.;
                                                July 16, 2003,
                                                Susp
 
Strasburg, Town of, Shenandoah         510149  October 9, 1973,   ......do..............   Do.
 County                                         Emerg.; December
                                                26, 1978, Reg.;
                                                July 16, 2003,
                                                Susp
 
Toms Brook, Town of, Shenandoah        510233  June 12, 1975,     ......do..............   Do.
 County                                         Emerg.;
                                                September 10,
                                                1984, Reg.; July
                                                16, 2003, Susp
 
Woodstock, Town of, Shenandoah         510150  October 18, 1974,  ......do..............   Do.
 County                                         Emerg.; August
                                                3, 1984, Reg.;
                                                July 16, 2003,
                                                Susp
 
           Region IV
 
North Carolina: Atlantic Beach,        370044  July 14, 1972,     ......do..............   Do.
 Town of, Carteret County                       Emerg.; March
                                                15, 1977, Reg.;
                                                July 16, 2003,
                                                Susp
 
Beaufort, Town of, Carteret            375346  December 3, 1971,  ......do..............   Do.
 County                                         Emerg.; December
                                                1, 1972, Reg.;
                                                July 16, 2003,
                                                Susp
 
Bogue, Town of, Carteret County        370491  May 5, 1997,       ......do..............   Do.
                                                Reg.; July 16,
                                                2003, Susp
 
Cape Carteret, Town of,                370046  December 12,       ......do..............   Do.
 Carteret County                                1973, Emerg.;
                                                April 1, 1977,
                                                Reg.; July 16,
                                                2003, Susp
 
Carteret County, Unincorporated        370043  November 19,       ......do..............   Do.
 Areas                                          1971, Emerg.;
                                                May 15, 1980,
                                                Reg.; July 16,
                                                2003, Susp
 
Cedar Point, Town of, Carteret         370465  July 26, 1989,     ......do..............   Do.
 County                                         Emerg.; July 26,
                                                1989, Reg.; July
                                                16, 2003, Susp
 
Emerald Isle, Town of, Carteret        370047  June 29, 1973,     ......do..............   Do.
 County                                         Emerg.; April 1,
                                                1977, Reg.; July
                                                16, 2003, Susp
 
Indian Beach, Town of, Carteret        370433  January 13, 1983,  ......do..............   Do.
 County                                         Emerg.; March 4,
                                                1985, Reg.; July
                                                16, 2003, Susp
 
Morehead City, Town of,                370048  April 13, 1973,    ......do..............   Do.
 Carteret County                                Emerg.; February
                                                16, 1977, Reg.;
                                                July 16, 2003,
                                                Susp
 
Newport, Town of, Carteret             370049  January 17, 1974,  ......do..............   Do.
 County                                         Emerg.; May 15,
                                                1978, Reg.; July
                                                16, 2003, Susp
 
Pine Knoll Shores, Town of,            370267  October 25, 1973,  ......do..............   Do.
 Carteret County                                Emerg.;
                                                September 28,
                                                1979, Reg.; July
                                                16, 2003, Susp
 
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*...do ...= ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 39021]]

    Dated: June 25, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-16544 Filed 6-30-03; 8:45 am]
BILLING CODE 6718-05-P