[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Rules and Regulations]
[Pages 66245-66248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19117]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7951]


Suspension of Community Eligibility

AGENCY: Mitigation Division, Federal Emergency Management Agency 
(FEMA), Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: 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 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.

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.

ADDRESSES: If you want to determine whether a particular community was 
suspended on the suspension date, contact the appropriate FEMA Regional 
Office.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Division, 
500 C Street, SW., Washington, DC 20472, (202) 646-2953.

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 NFIP, 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, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) 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 identified SFHAs for communities not participating in the 
NFIP and identified for more than a year, on FEMA'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 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer

[[Page 66246]]

stating that the community will be suspended unless the required 
floodplain management measures are met prior to the effective 
suspension date. Since these notifications were 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 
remedial action takes place.
    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.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    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.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.


0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 is revised 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]

0
The tables published under the authority of Sec.  64.6 are amended as 
follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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            Region V
 
Illinois:
    Algonquin, Village of, Kane        170474  September 4,       11/16/2006............  11/16/2006
     and McHenry Counties.                      1974, Emerg;
                                                March 16, 1981,
                                                Reg; November
                                                16, 2006, Susp.
    Bannockburn, Village of,           170359  March 7, 1975,     ......do..............   Do.
     Lake County.                               Emerg; June 15,
                                                1979, Reg;
                                                November 16,
                                                2006, Susp.
    Barrington, Village of,            170057  October 30, 1974,  ......do..............   Do.
     Cook and Lake Counties.                    Emerg; October
                                                16, 1984, Reg;
                                                November 16,
                                                2006, Susp.
    Barrington Hills, Village          170058  April 3, 1975,     ......do..............   Do.
     of, Cook, Kane, Lake,                      Emerg; August
     McHenry Counties.                          10, 1979, Reg;
                                                November 16,
                                                2006, Susp.
    Carpentersville, Village           170322  September 25,      ......do..............   Do.
     of, Kane County.                           1974, Emerg;
                                                August 17, 1981,
                                                Reg; November
                                                16, 2006, Susp.
    Cary, Village of, McHenry          170475  November 27,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 2, 1980,
                                                Reg; November
                                                16, 2006, Susp.
    Cook County, Unincorporated        170054  March 9, 1973,     ......do..............   Do.
     Areas.                                     Emerg; April 15,
                                                1981, Reg;
                                                November 16,
                                                2006, Susp.
    Crystal Lake, City of,             170476  October 21, 1974,  ......do..............   Do.
     McHenry County.                            Emerg; June 15,
                                                1982, Reg;
                                                November 16,
                                                2006, Susp.
    Deerfield, Village of, Lake        170361  October 13, 1972,  ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1977, Reg;
                                                November 16,
                                                2006, Susp.
    Deer Park, Village of, Lake        171028  February 17,       ......do..............   Do.
     County.                                    1993, Emerg;
                                                September 3,
                                                1997, Reg;
                                                November 16,
                                                2006, Susp.
    East Dundee, Village of,           170323  May 9, 1975,       ......do..............   Do.
     Cook and Kane Counties.                    Emerg; March 16,
                                                1981, Reg;
                                                November 16,
                                                2006, Susp.
    Elgin, City of, Cook and           170087  May 29, 1975,      ......do..............   Do.
     Kane Counties.                             Emerg; March 1,
                                                1982, Reg;
                                                November 16,
                                                2006, Susp.
    Fox Lake, Village of, Lake         170362  March 9, 1973,     ......do..............   Do.
     and McHenry Counties.                      Emerg; September
                                                29, 1978, Reg;
                                                November 16,
                                                2006, Susp.
    Fox River Grove, Village           170477  April 17, 1973,    ......do..............   Do.
     of, McHenry County.                        Emerg; June 4,
                                                1980, Reg;
                                                November 16,
                                                2006, Susp.
    Gilberts, Village of, Kane         170326  September 4,       ......do..............   Do.
     County.                                    1996, Emerg;
                                                December 20,
                                                2002, Reg;
                                                November 16,
                                                2006, Susp.
    Greenwood, Village of,             171057  December 4, 1997,  ......do..............   Do.
     McHenry County.                            Emerg; December
                                                4, 1997, Reg;
                                                November 16,
                                                2006, Susp.
    Hampshire, Village of, Kane        170327  January 14, 1976,  ......do..............   Do.
     County.                                    Emerg; March 2,
                                                1981, Reg;
                                                November 16,
                                                2006, Susp.
    Harvard, City of, McHenry          170479  July 23, 1974,     ......do..............   Do.
     County.                                    Emerg; November
                                                15, 1979, Reg;
                                                November 16,
                                                2006, Susp.
    Highland Park, City of,            170367  April 5, 1973,     ......do..............   Do.
     Lake County.                               Emerg; November
                                                5, 1980, Reg;
                                                November 16,
                                                2006, Susp.
    Hoffman Estates, Village           170107  November 10,       ......do..............   Do.
     of, Cook and Kane Counties.                1972, Emerg; May
                                                19, 1981, Reg;
                                                November 16,
                                                2006, Susp.
    Holiday Hills, Village of,         170936  August 8, 1977,    ......do..............   Do.
     McHenry County.                            Emerg; April 1,
                                                1982, Reg;
                                                November 16,
                                                2006, Susp.

[[Page 66247]]

 
    Huntley, Village of, Kane          170480  June 6, 1975,      ......do..............   Do.
     and McHenry Counties.                      Emerg; December
                                                15, 1992, Reg;
                                                November 16,
                                                2006, Susp.
    Inverness, Village of, Cook        170111  November 27,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                June 1, 1981,
                                                Reg; November
                                                16, 2006, Susp.
    Island Lake, Village of,           170370  January 24, 1975,  ......do..............   Do.
     Lake and McHenry Counties.                 Emerg; September
                                                16, 1982, Reg;
                                                November 16,
                                                2006, Susp.
    Johnsburg, Village of,             170486  June 27, 1975,     ......do..............   Do.
     McHenry County.                            Emerg; June 18,
                                                1980, Reg;
                                                November 16,
                                                2006, Susp.
    Kane County, Unincorporated        170896  July 29, 1976,     ......do..............   Do.
     Areas.                                     Emerg; March 1,
                                                1982, Reg;
                                                November 16,
                                                2006, Susp.
    Lake County, Unincorporated        170357  April 4, 1973,     ......do..............   Do.
     Areas.                                     Emerg; November
                                                3, 1982, Reg;
                                                November 16,
                                                2006, Susp.
    Lake Barrington, Village           170372  June 25, 1975,     ......do..............   Do.
     of, Lake County.                           Emerg; January
                                                2, 1981, Reg;
                                                November 16,
                                                2006, Susp.
    Lake Forest, City of, Lake         170374  April 23, 1974,    ......do..............   Do.
     County.                                    Emerg; February
                                                18, 1981, Reg;
                                                November 16,
                                                2006, Susp.
    Lake-in-the-Hills, Village         170481  December 12,       ......do..............   Do.
     of, McHenry County.                        1974, Emerg;
                                                July 5, 1983,
                                                Reg; November
                                                16, 2006, Susp.
    Lakemoor, Village of, Lake         170915  March 5, 1976,     ......do..............   Do.
     and McHenry Counties.                      Emerg; January
                                                19, 1983, Reg;
                                                November 16,
                                                2006, Susp.
    Lakewood, Village of,              170805  March 25, 1974,    ......do..............   Do.
     McHenry County.                            Emerg; September
                                                4, 1985, Reg;
                                                November 16,
                                                2006, Susp.
    Marengo, City of, McHenry          170482  June 27, 1973,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1979, Reg;
                                                November 16,
                                                2006, Susp.
    McCullom Lake, Village of,         170829  March 3, 1975,     ......do..............   Do.
     McHenry County.                            Emerg; August
                                                19, 1985, Reg;
                                                November 16,
                                                2006, Susp.
    McHenry, City of, McHenry          170483  January 17, 1974,  ......do..............   Do.
     County.                                    Emerg; November
                                                19, 1980, Reg;
                                                November 16,
                                                2006, Susp.
    McHenry County,                    170732  January 15, 1974,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                30, 1981, Reg;
                                                November 16,
                                                2006, Susp.
    North Barrington, Village          170383  May 27, 1975,      ......do..............   Do.
     of, Lake County.                           Emerg; October
                                                18, 1983, Reg;
                                                November 16,
                                                2006, Susp.
    Port Barrington, Village           170478  January 19, 1973,  ......do..............   Do.
     of, McHenry County.                        Emerg; March 4,
                                                1980, Reg;
                                                November 16,
                                                2006, Susp.
    Prairie Grove, Village of,         170975  October 26, 1992,  ......do..............   Do.
     McHenry County.                            Emerg; November
                                                16, 2006, Reg;
                                                November 16,
                                                2006, Susp.
    Richmond, Village of,              170484  May 9, 1975,       ......do..............   Do.
     McHenry County.                            Emerg; July 16,
                                                1981, Reg;
                                                November 16,
                                                2006, Susp.
    Riverwoods, Village of,            170387  August 21, 1975,   ......do..............   Do.
     Lake County.                               Emerg; August
                                                15, 1980, Reg;
                                                November 16,
                                                2006, Susp.
    South Barrington, Village          170161  August 1, 1975,    ......do..............   Do.
     of, Cook County.                           Emerg; July 16,
                                                1981, Reg;
                                                November 16,
                                                2006, Susp.
    Spring Grove, Village of,          170485  February 10,       ......do..............   Do.
     McHenry County.                            1975, Emerg;
                                                November 4,
                                                1981, Reg;
                                                November 16,
                                                2006, Susp.
    Union, Village of, McHenry         170487  July 18, 1973,     ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1983, Reg;
                                                November 16,
                                                2006, Susp.
    Volo, Village of, Lake             171042  April 3, 1998,     ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1998, Reg;
                                                November 16,
                                                2006, Susp.
    Wauconda, Village of, Lake         170396  January 13, 1975,  ......do..............   Do.
     County.                                    Emerg; December
                                                1, 1981, Reg;
                                                November 16,
                                                2006, Susp.
    Wonder Lake, Village of,           170976  October 2, 1980,   ......do..............   Do.
     McHenry County.                            Emerg; August
                                                15, 1983, Reg;
                                                November 16,
                                                2006, Susp.
    Woodstock, City of, McHenry        170488  June 12, 1974,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1979, Reg;
                                                November 16,
                                                2006, Susp.
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* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 66248]]

    Dated: October 27, 2006.
David I. Maurstad,
Mitigation Division Director, Federal Emergency Management Agency, 
Department of Homeland Security.
 [FR Doc. E6-19117 Filed 11-13-06; 8:45 am]
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