Flood insurance; communities eligible for sale: Illinois,

[Federal Register: November 14, 2006 (Volume 71, Number 219)]

[Rules and Regulations]

[Page 66245-66248]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14no06-5]

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.

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

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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:

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

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.

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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.

* ......do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

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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]

BILLING CODE 9110-12-P