Federal Register: June 3, 2005 (Volume 70, Number 105)
DOCID: FR Doc 05-11119
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 64
Docket ID: [Docket No. FEMA-7879]
ACTION: Flood insurance; communities eligible for sale:
DOCUMENT ACTION: Final rule.
Suspension of Community Eligibility
DATES: Effective Dates: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables.
This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension 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 not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.
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 floodprone 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 6month, 90day, and 30day notification letter 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:
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:
Effective date authorization/ Date certain Federal Community cancellation of Current effective map assistance no longer State and location No. sale of flood date avaialble in special insurance in flood hazard areas community Region V
Bellwood, Village of, Cook 170061 February 18, June 2, 2005.......... June 2, 2005. County. 1975, Emerg; December 4, 1979, Reg; June 2, 2005, Susp.
Broadview, Village of, Cook 170067 March 7, 1075, ......do*............. Do. County. Emerg; January 16, 1981, Reg; June 2, 2005, Susp.
Franklin Park, Village of, 170094 April 11, 1973, ......do.............. Do. Cook County. Emerg; September 15, 1978, Reg; June 2, 2005, Susp.
Hillside, Village of, Cook 170104 July 21, 1975, ......do.............. Do. County. Emerg; June 11, 1976, Reg; June 2, 2005, Susp.
La Grange Park, Village of, 170115 January 19, 1973, ......do.............. Do. Cook County. Emerg; November 15, 1978, Reg; June 2, 2005, Susp.
Maywood, Village of, Cook 170124 July 22, 1975, ......do.............. Do. County. Emerg; August 11, 1978, Reg; June 2, 2005, Susp.
Melrose Park, Village of, 170125 June 20, 1975, ......do.............. Do. Cook County. Emerg; January 2, 1981, Reg; June 2, 2005, Susp.
North Riverside, Village 170135 March 24, 1975, ......do.............. Do. of, Cook County. Emerg; December 16, 1980, Reg; June 2, 2005, Susp.
Northlake, City of, Cook 170134 February 7, 1974, ......do.............. Do. County. Emerg; Janaury 3, 1986, Reg; June 2, 2005, Susp.
River Grove, Village of, 170152 April 1, 1974, ......do.............. Do. Cook County. Emerg; December 16, 1980, Reg; June 2, 2005, Susp.
Stone Park, Village of, 170165 April 28, 1980, ......do.............. Do. Cook County. Emerg; July 16, 1980, Reg; June 2, 2005, Susp.
Westchester, Village of, 170170 November 24, ......do.............. Do.
Cook County. 1972, Emerg;
June 4, 1980,
Reg; June 2,
2005, Susp. * do = Ditto
Code for reading third column: Emerg.Emergency; Reg.Regular; Susp.Suspension. [[Page 32522]]
Dated: May 25, 2005.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 0511119 Filed 6205; 8:45 am]
BILLING CODE 911012P
FOR FURTHER INFORMATION CONTACT
Michael M. Grimm, Mitigation Division, 500 C Street, SW.; Room 412, Washington, DC 20472, (202) 6462878.