[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2468-2469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00521]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2013-0052]
Termination of the National Flood Insurance Program Pilot
Inspection Program of Insured Structures by Communities in Monroe
County, the Village of Islamorada, and the City of Marathon, Florida
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice.
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SUMMARY: FEMA is publishing this document to give notice that the pilot
inspection procedure under the Pilot Inspection Program was terminated
on June 28, 2013, for Monroe County, the Village of Islamorada, and the
City of Marathon, Florida.
DATES: Effective Dates: The effective date of termination for the
inspection procedure for Monroe County, the Village of Islamorada, and
the City of Marathon, Florida, is June 28, 2013.
FOR FURTHER INFORMATION CONTACT: David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472, [email protected], (202)
646-2953.
SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
was established by the National Flood Insurance Act of 1968, as amended
(NFIA) (42 U.S.C. 4001-4129). The NFIA authorizes the Administrator of
the Federal Emergency Management Agency (FEMA) to establish and carry
out a national flood insurance program that enables property owners in
participating communities to purchase insurance as a protection against
flood losses in exchange for State and community adoption of floodplain
management regulations that reduce future flood damages. Community
participation in the NFIP is voluntary, and is based on an agreement
between communities and the Federal Government. If a community adopts
and enforces floodplain management requirements to reduce future flood
risk to new construction and substantial improvements in floodplains,
the Federal Government will make flood insurance available within the
community as a financial protection against flood losses. 42 U.S.C.
4102(c) and 4022(a); 44 CFR 60.1(a).
In 2000, FEMA established by regulation, at 44 CFR 59.30, a pilot
inspection procedure under the NFIP to help verify that structures
comply with the community's floodplain management ordinances and to
ensure that property owners pay flood insurance premiums commensurate
with their flood risk. 65 FR 39726, June 27, 2000. The inspection
procedure requires owners of insured buildings to obtain an inspection
from community floodplain management officials as a condition of
renewing the Standard Flood Insurance Policy (SFIP) on the building.
The pilot procedure applies in the communities of: (1) Monroe County,
Florida, (2) the Village of Islamorada located in Monroe County,
Florida, and (3) the City of Marathon, located in Monroe County,
Florida. 65 FR 39726, June 27, 2000; 67 FR 10631, March 9, 2002; 68 FR
59126, Oct. 14, 2003.
The pilot inspection procedure served as an additional tool for the
three communities to enforce their flood damage prevention ordinances,
and remain compliant with the NFIP regulations, given unique statutory
constraints on inspections and rate of growth mandates in Florida,
housing limits within the communities, and related factors. These
related factors included: the nature of the flood hazard and damage
potential; the number of possible violations (an estimated 2,000-4,000
illegally built enclosures in the entire County); the potential for
loss of life in the event of a flood; and, the factors described above
limited the County's ability to determine whether a building with an
enclosure complies with the local flood damage prevention ordinance.
FEMA establishes the start date and the termination dates for
implementing the pilot inspection procedure upon the recommendation of
FEMA's Regional Administrator and in consultation with each community.
44 CFR 59.30(c). FEMA is permitted to extend the implementation of the
inspection procedure with a new termination after consultation with the
community and based on good cause. 44 CFR 59.30(c). The start date for
the inspection procedure for Monroe County and the Village of
Islamorada was January 1, 2001, and October 1, 2002, for the City of
Marathon. The original termination date for the Village of Islamorada
and the City of Marathon was January 1, 2004, and was December 31,
2007, for
[[Page 2469]]
Monroe County. Following consultation with the three communities, FEMA
determined that additional time was needed and the inspection procedure
was extended to December 31, 2011 by letter to the communities. Upon
further consultation and evaluation, the inspection procedure was
extended to June 28, 2013, to allow for the completion of the
inspection procedure.
Following consultation with the three communities, FEMA found that
the Village of Islamorada, the City of Marathon, and Monroe County,
Florida, had fulfilled the requirements of the inspection procedure. As
a result, FEMA notified the three participating communities that the
pilot inspection procedure under 44 CFR 59.30 would terminate on June
28, 2013. FEMA is publishing this document to give notice that the
pilot inspection procedure under the Pilot Inspection Program at 44 CFR
59.30 was terminated on June 28, 2013 for Monroe County, the Village of
Islamorada, and the City of Marathon, Florida. FEMA expects that the
three communities will continue to use their authorities and
enforcement provisions (e.g., additional inspections during the
building permit process, other enforcement provisions in their flood
damage prevention ordinance, or a Section 1316 declaration by FEMA, if
all other methods fail to bring compliance) beyond June 28, 2013.
Dated: January 8, 2013.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-00521 Filed 1-13-14; 8:45 am]
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