[Federal Register: December 22, 1999 (Volume 64, Number 245)] [Rules and Regulations] [Page 71678-71680] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22de99-19] ======================================================================= ----------------------------------------------------------------------- FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 64 [Docket No. FEMA-7721] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, FEMA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We, FEMA, are suspending one community on the effective date of [[Page 71679]] this rule because of its failure to enforce its floodplain management regulations under the National Flood Insurance Program (NFIP). If we receive documentation that the community has acted to bring its floodplain management program into compliance with NFIP requirements before the effective suspension date, we will withdraw the suspension by publication in the Federal Register. EFFECTIVE DATE: The third date (``Susp.'') listed in the third column of the table. FOR FURTHER INFORMATION CONTACT: Robert F. Shea Jr., Division Director, Program Support Division, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., room 417, Washington, DC 20472, (202) 646-3619, or (email) Bob.Shea@fema.gov. SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP) enables property owners to purchase flood insurance that is generally not commercially 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 authorized under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The community listed in this notice no longer meets that statutory requirement for compliance with program regulations (44 CFR part 59 et seq.). Accordingly, we will suspend unincorporated areas of Hamilton County, Illinois, on the effective date in the third column of the table. As of that date, the purchase of new flood insurance policies or the renewal of existing flood insurance policies will no longer be available. However, Hamilton County, Illinois may submit the documentation required to correct the deficiencies and to remedy the violations identified in the suspension notice to the maximum extent possible, before the actual suspension date. If the County does this, we will not suspend the County and it will continue its eligibility for the sale of insurance. And if so, we will publish in the Federal Register notice withdrawing the suspension of the community. In the interim, if you wish to determine whether we suspend the County on the suspension date, please contact the appropriate FEMA Regional Office or the NFIP servicing contractor. We have also identified the special flood hazard areas in this community by publishing a Flood Insurance Rate Map. The date of this flood map is indicated in the fourth column of the table. By law no Federal officer or agency may approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Director of FEMA as an area having special flood hazards unless the community in which that area is located is participating in the NFIP (42 USC 4106). Formally identified flood- prone communities that do not qualify for the NFIP within one year after such notification or other specified date are subject to the prohibition in 42 USC 4106. The prohibition against certain types of Federal assistance becomes effective for Hamilton County, Illinois on the date shown in the last column. The Administrator finds that notice and public comment procedure under 5 U.S.C. 553(b) are impracticable and unnecessary because the community listed in this final rule has been adequately notified. The community received a 90-day probationary letter on November 11, 1998, and a 30-day show cause letter was sent October 18, 1999. We addressed these notifications to the Hamilton County Board Chairman indicating that we will suspend the County unless the County takes the required corrective actions and remedial measures before the effective suspension date. Since we have made these notifications, this final rule may take effect within less than 30 days. Under the provisions of 5 U.S.C. 605(b), I certify as Associate Director for Mitigation that this rule will not have a significant economic impact on a substantial number of small entities. As stated in section 2 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002), the establishment of local floodplain management together with the availability of flood insurance decreases the economic impact of future flood losses to both the particular community and the nation as a whole. This rule in and of itself does not have a significant economic impact. Any economic impact results from the community's decision not to enforce adequate floodplain management, thus not complying with the Federal standards required for community participation. In each entry, a complete chronology of the effective date appears for the listed community. List of Subjects in 44 CFR Part 64 Flood insurance--floodplains. Accordingly, we are amending 44 CFR part 64 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, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 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: Sec. 64.6--List of Eligible Communities ---------------------------------------------------------------------------------------------------------------- Date certain Effective date Federal authorization/ Current assistance no State and location Community No. cancellation of sale of effective map longer available flood insurance in date in special flood community hazard areas ---------------------------------------------------------------------------------------------------------------- Region V: Illinois: Hamilton, County 170910 July 3, 1975, Emerg.; 02-01-90 Jan. 17, 2000 of. Aug. 19, 1985, Reg.; Jan. 17, 2000, Susp. ---------------------------------------------------------------------------------------------------------------- Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. [[Page 71680]] Dated: December 9, 1999. Michael J. Armstrong, Associate Director for Mitigation. [FR Doc. 99-33008 Filed 12-21-99; 8:45 am] BILLING CODE 6718-21-P