[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Rules and Regulations]
[Pages 59126-59127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25906]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Parts 59 and 61

RIN 1660-AA14


National Flood Insurance Program (NFIP); Inspection of Insured 
Structures by Communities

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security 
(DHS).

ACTION: Adoption of interim final rule as final.

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SUMMARY: This final rule adopts the interim final rule, published in 
the Federal Register on March 8, 2002, to amend the NFIP regulations to 
clarify that areas of Monroe County, Florida that incorporate on or 
after January 1, 1999, and become eligible for the sale of flood 
insurance must participate in the inspection procedure as a condition 
of joining the NFIP. An inspection procedure was established to help 
the communities of Monroe County and the Village of Islamorada verify 
that structures comply with the community's floodplain management 
ordinance and to ensure that property owners pay

[[Page 59127]]

flood insurance premiums to the NFIP commensurate with their flood 
risk.

DATES: 44 CFR 59.30(a) became effective on March 8, 2002. The 
amendments to Appendices (A)(4), (A)(5), and (A)(6) of 44 CFR part 61 
became effective on June 6, 2002.

FOR FURTHER INFORMATION CONTACT: Don Beaton, FEMA, Mitigation Division, 
500 C Street, SW., Washington, DC 20472, (facsimile) 202-646-4327, or 
e-mail [email protected]; or Lois Forster, FEMA, Mitigation 
Division, (facsimile) 202-646-2577, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: The interim final rule published on March 8, 
2002, at 67 FR 10631 amended 44 CFR 59.30 and Appendices (A)(4), 
(A)(5), and (A)( 6) of 44 CFR part 61 to clarify that areas of Monroe 
County, Florida that incorporate on or after January 1, 1999, and 
become eligible for the sale of flood insurance must participate in the 
inspection procedure as a condition of participating in the NFIP. An 
inspection procedure was established to help the communities of Monroe 
County and the Village of Islamorada verify that structures comply with 
the community's floodplain management ordinance and to ensure that 
property owners pay flood insurance premiums to the NFIP commensurate 
with their flood risk.
    The closing date for the submission of comments was June 6, 2002.

Comments on the Interim Final Rule

    By the close of the comment period, FEMA received no comments on 
the interim final rule.

Adoption as Final Rule

    Accordingly, the interim final rule to amend the NFIP regulations 
to clarify that areas of Monroe County, Florida that incorporate on or 
after January 1, 1999, and become eligible for the sale of flood 
insurance must participate in the inspection procedures as a condition 
of joining the NFIP which was published at 67 FR 10631 on March 8, 
2002, is adopted as a final rule without change.

National Environmental Policy Act

    FEMA conducted an environmental review on the inspection procedure. 
You may obtain a copy of the Record of Environmental Review documenting 
the findings through FEMA's Web site at www.FEMA.gov, or by writing to 
FEMA at 500 C Street, SW., Washington, DC 20472, Attention: Lois 
Forster.

Executive Order 12898, Environmental Justice

    FEMA reviewed the inspection procedure under Executive Order 12898 
and determined that the inspection procedure would not have a 
disproportionate adverse impact on low-income populations and minority 
populations. FEMA also determined that this action would have some 
adverse effects on low-income populations because some illegal 
enclosures are used as full-living units and the residents would have 
to find replacement housing. The effect would be caused by the 
residents' illegal activity, not by this regulatory action. FEMA 
determined, further, that there would be greater adverse health and 
safety impact on the affected low-income populations if they stayed in 
these illegally built ground level enclosures. The enclosures are 
located in flood hazard areas below the Base Flood Elevation where 
there is a significant risk of flooding.

Executive Order 12866, Regulatory Planning and Review

    FEMA has reviewed the inspection procedure under the provisions of 
Executive Order 12866, Regulatory Planning and Review. Under Executive 
Order 12866, 58 FR 51735, Oct. 4, 1993, a significant regulatory action 
is subject to the Office of Management and Budget (OMB) review and the 
requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
th[e] Executive [O]rder.
    FEMA found that the final rule is neither a significant regulatory 
action nor an economically significant rule under the Executive Order. 
OMB has not reviewed this rule under the principles of Executive Order 
12866.

Executive Order 13132, Federalism

    Executive Order 13132, Federalism, seeks to ensure that Executive 
agencies consider principles of federalism when developing new 
policies, and requires them to consult with State and local officials 
when their actions may have federalism implications.
    FEMA reviewed this final rule for federalism implications under 
Executive Order 13132 and determined that this final rule does not have 
federalism implications as defined in Executive Order 13132.
    In addition to Monroe County, the Village of Islamorada, and the 
State of Florida, FEMA has consulted with the City of Marathon and will 
continue to consult and coordinate with the City of Marathon and any 
other area in Monroe County that incorporates and becomes eligible for 
the sale of flood insurance after January 1, 1999, that will 
participate in the inspection procedure.

Paperwork Reduction Act

    FEMA submitted the information collection requirements to OMB for 
approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Under Control Number 3067-0275, OMB approved the information collection 
requirements. Now that FEMA is part of DHS, the Control Number is 1660-
0045.

Executive Order 12778, Civil Justice Reform

    This final rule meets the applicable standards of subsections 2(a) 
and 2(b)(2) of Executive Order 12778.
    The interim final rule published on March 8, 2002 at 67 FR 10631 is 
adopted as final without change.

    Dated: October 7, 2003.
Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 03-25906 Filed 10-10-03; 8:45 am]
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