Flood insurance; communities eligible for sale: Various States,

[Federal Register: August 23, 2002 (Volume 67, Number 164)]

[Rules and Regulations]

[Page 54588-54590]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23au02-7]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA-7791]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, FEMA.

ACTION: Final rule.

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floodplain management measures prior to the effective suspension date given in this rule, the suspension will be withdrawn by publication in the Federal Register.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, Program Marketing and Partnership Division, Federal Insurance and Mitigation Administration, 500 C Street, SW.; Room 411, Washington, DC 20472, (202) 646-3098.

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.

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:

   [[Page 54589]]

   Effective date authorization/

   Date certain Federal Community cancellation of Current effective map assistance no longer State/location

   No.

   sale of flood

   date

   available in special insurance in

   flood hazard areas community

   Region III

   Virginia: Boykins, Town of, Southampton

   510151 May 20, 1975, Sept. 4, 2002......... Sept. 4, 2002. County.

   Emerg.; April 1, 1982, Reg. September 4, 2002. Branchville, Town of,

   510296 July 21, 1975; ......do.............. Do. Southampton County.

   March 30, 1979, Reg. September 4, 2002. Franklin, City of,

   510060 July 19, 1974, ......do.............. Do. Independent City.

   Emerg.; August 15, 1980, Reg. September 4, 2002. Isle of Wight County,

   510303 May 20, 1975, ......do.............. Do. Unincorporated Areas.

   Emerg.; August 19, 1991, Reg. September 4, 2002. Smithfield, Town of, Isle of

   510081 September 24, ......do.............. Do. Wight County.

   1974, Emerg.; December 5, 1990, Reg. September 4, 2002. Southampton County,

   510315 September 16, ......do.............. Do. Unincorporated Areas.

   1974, Emerg.; December 15, 1982, Reg. September 4, 2002. Suffolk, City of, Independent

   510156 January 22, 1975, ......do.............. Do. City.

   Emerg.; November 16, 1990, Reg. September 4, 2002. Windsor, Town of, Isle of

   510295 August 11, 1988, ......do.............. Do. Wight County.

   Emerg.; August 1, 1990, Reg. September 4, 2002.

   Region V

   Ohio: New Boston, Village of,

   390497 April 17, 1975, ......do.............. Do. Scioto County.

   Emerg.; January 26, 1983, Reg. September 4, 2002. Portsmouth, City of, Scioto

   390498 March 7, 1975, ......do.............. Do. County.

   Emerg.; August 15, 1983, Reg. September 4, 2002. Rarden, Village of, Scioto

   390499 February 14, ......do.............. Do. County.

   1977, Emerg.; April 17, 1989, Reg. September 4, 2002. Scioto County, Unincorporated

   390496 November 20, ......do.............. Do. Areas.

   1975, Emerg.; June 19, 1989, Reg. September 4, 2002. Wisconsin: Bay City, Village of, Pierce

   555543 July 31, 1970, ......do.............. Do. County.

   Emerg.; June 11, 1971, Reg. September 4, 2002.

   Region VI

   New Mexico: Lovington, City of, Lea

   350031 December 10, ......do.............. Do. County.

   1974, Emerg.; November 1, 1989, Reg. September 4, 2002.

   Region VIII

   North Dakota: Harwood, Township of, Cass

   380338 April 11, 1978, ......do.............. Do. County.

   Emerg.; September 30, 1980, Reg. September 4, 2002. Reed, Township of, Cass

   380257 December 27, ......do.............. Do. County.

   1977, Emerg.; October 15, 1980, Reg. September 4, 2002. Reiles Acres, City of, Cass

   380324 March 22, 1978, ......do.............. Do. County.

   Emerg.; September 30, 1987, Reg. September 4, 2002. West Fargo, City of, Cass

   380024 December 6, 1973, ......do.............. Do. County.

   Emerg.; April 17, 1978, Reg. September 4, 2002.

   Region IV

   Florida: Callaway, City of, Bay County

   120005 January 13, 1975, Sept. 18, 2002........ Sept. 18, 2002 Emerg.; July 16, 1980, Reg. September 18, 2002. Parker, City of, Bay County..

   120011 May 5, 1975, ......do.............. Do. Emerg.; August 1, 1980, Reg. September 18, 2002.

   Region V Ohio: Meigs County, Unincorporated

   390387 February 9, 1977, ......do.............. Do. Areas.

   Emerg.; November 16, 1995, Reg. September 18, 2002. Middleport, Village of, Meigs

   390388 August 28, 1974, ......do.............. Do. County.

   Emerg.; September 29, 1978, Reg. September 18, 2002. Pomeroy, Village of, Meigs

   390389 July 24, 1975, ......do.............. Do. County.

   Emerg.; July 5, 1983, Reg. September 18, 2002. Racine, Village of, Meigs

   390390 March 31, 1976, ......do.............. Do. County.

   Emerg.; August 15, 1983, Reg. September 18, 2002. Rutland, Village of, Meigs

   390670 September 3, ......do.............. Do. County.

   1975, Emerg.; November 2, 1990, Reg. September 18, 2002. Syracuse, Village of, Meigs

   390391 July 2, 1975, ......do.............. Do. County.

   Emerg.; July 5, 1983, Reg. September 18, 2002.

   [[Page 54590]]

   Wisconsin:

   Chippewa Falls, City of,

   550044 April 16, 1971, ......do.............. Do. Chippewa County.

   Emerg.; September 1, 1977, Reg. September 18, 2002.

   Region VI

   Texas: Abernathy, City of, Lubbock

   480271 June 6, 1975, ......do.............. Do. County.

   Emerg.; August 24, 1982, Reg. September 18, 2002. Idalou, Town of, Lubbock

   480916 May 19, 1978, ......do.............. Do. County.

   Emerg.; June 1, 1988, Reg. September 18, 2002. Lubbock, City of, Lubbock

   480452 May 24, 1973, ......do.............. Do. County.

   Emerg.; September 2, 1982, Reg. September 18, 2002. Slanton, Town of, Lubbock

   480453 June 25, 1975, ......do.............. Do. County.

   Emerg.; August 3, 1982, Reg. September 18, 2002.

   Region VII

   Kansas:........................ Andover, City of, Butler

   200383 February 7, 1977, ......do.............. Do. County.

   Emerg.; December 4, 1986, Reg. September 18, 2002. Region II

   New York: Corning, City of, Steuben

   360772 February, 23, Sept. 27, 2002........ Sept. 27, 2002 County.

   1973, Emerg.; December 1, 1977, Reg. September 27, 2002. Corning, Town of, Steuben

   360773 March 23, 1973, ......do.............. Do. County.

   Emerg.; August 3, 1981, Reg. September 27, 2002. Hamilton, Town of, Madison

   360401 July 2, 1975, ......do.............. Do. County.

   Emerg.; May 1, 1985, Reg. September 27, 2002. Hamilton, Village of, Madison

   360402 January 3, 1975, ......do.............. Do. County.

   Emerg.; April 1, 1987, Reg. September 27, 2002.

   Region IX

   Nevada: Boulder, City of, Clark

   320004 August 25, 1975, ......do.............. Do. County.

   Emerg.; September 16, 1981, Reg. September 27, 2002. Clark County, Unincorporated

   320003 June 27, 1975, ......do.............. Do. Areas.

   Emerg.; September 29, 1989, Reg. September 27, 2002. Henderson, City of, Clark

   320005 January 14, 1975, ......do.............. Do. County.

   Emerg.; June 15, 1982, Reg. September 27, 2002. Las Vegas, City of, Clark

   325276 August 16, 1974, ......do.............. Do. County.

   Emerg.; September 30, 1980, Reg. September 27, 2002. Mesquite, City of, Clark

   320035 November 6, 1985, ......do.............. Do. County.

   Emerg.; September 28, 1990, Reg. September 27, 2002. North Las Vegas, City of,

   320007 August 8, 1973, ......do.............. Do. Clark County.

   Emerg.; January 16, 1981, Reg. September 27, 2002.

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

   Dated: August 14, 2002. Anthony S. Lowe, Administrator, Federal Insurance and Mitigation Administration.

   [FR Doc. 02-21503Filed8-22-02; 8:45 am]

   BILLING CODE 6718-02-P