[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71678-71680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33008]


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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.

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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.S[email protected].

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
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                                                                                                 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
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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.
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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