80 FR 63130 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 80, Issue 201 (October 19, 2015)
Federal Emergency Management Agency
Federal Register Volume 80, Issue 201 (October 19, 2015)
| Page Range | 63130-63131 | |
| FR Document | 2015-26449 |
[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)] [Rules and Regulations] [Pages 63130-63131] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26449] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2015-0001: Internal Agency Docket No. FEMA-8405] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. 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 the Federal Emergency Management Agency (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. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm. DATES: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4133. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures 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 the sale of NFIP flood insurance 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. 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. We recognize that 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 to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. 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 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 FIRM for 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 procedures 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 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, Section 1315, 42 U.S.C. 4022, prohibits flood insurance [[Page 63131]] 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. Accordingly, 44 CFR part 64 is amended as follows: PART 64--[AMENDED] 0 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, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. Sec. 64.6 [Amended] 0 2. 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 III Pennsylvania: Philadelphia, 420757 January 14, 1972, November 18, 2015..... November 18, 2015. City of, Philadelphia County. Emerg; June 15, 1979, Reg; November 18, 2015, Susp. Region IV Florida: Highlands County, 120111 November 25, November 18, 2015..... November 18, 2015. Unincorporated Areas. 1975, Emerg; February 16, 1983, Reg; November 18, 2015, Susp. Lake Placid, Town of, 120068 N/A, Emerg; April ......do*............. Do. Highlands County. 25, 2006, Reg; November 18, 2015, Susp. Sebring, City of, Highlands 120690 September 29, ......do*............. Do. County. 2003, Emerg; N/ A, Reg; November 18, 2015, Susp. Region VII Kansas: 23 Hanover, City of, 200502 January 25, 1977, ......do*............. Do. Washington County. Emerg; September 27, 1985, Reg; November 18, 2015, Susp. ---------------------------------------------------------------------------------------------------------------- *-do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: October 1, 2015. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2015-26449 Filed 10-16-15; 8:45 am] BILLING CODE 9110-12-P
![63130 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Rules and Regulations
List of Subjects in 30 CFR Part 938 PART 938—PENNSYLVANIA § 938.15 Approval of Pennsylvania
regulatory program amendments.
Intergovernmental relations, Surface
mining, Underground mining. ■ 1. The authority citation for part 938 * * * * *
continues to read as follows:
Dated: September 29, 2015.
Thomas D. Shope, Authority: 30 U.S.C. 1201 et seq.
Regional Director, Appalachian Region. ■ 2. Section 938.15 is amended in the
For the reasons set out in the table by adding a new entry in
preamble, 30 CFR part 938 is amended chronological order by ‘‘Date of Final
as set forth below: Publication’’ to read as follows:
Date of final
Original amendment submission date Citation/description
publication
* * * * * * *
February 24, 2010 ....................................................................................................................................... October 19, 52 P.S. 30.54a(a)(6)
2015
[FR Doc. 2015–26477 Filed 10–16–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: If The date of the FIRM, if one has been
BILLING CODE 4310–05–P you want to determine whether a published, is indicated in the fourth
particular community was suspended column of the table. No direct Federal
on the suspension date or for further financial assistance (except assistance
information, contact Bret Gates, Federal pursuant to the Robert T. Stafford
DEPARTMENT OF HOMELAND Insurance and Mitigation Disaster Relief and Emergency
SECURITY Administration, Federal Emergency Assistance Act not in connection with a
Management Agency, 500 C Street SW., flood) may be provided for construction
Federal Emergency Management
Washington, DC 20472, (202) 646–4133. or acquisition of buildings in identified
Agency
SUPPLEMENTARY INFORMATION: The NFIP SFHAs for communities not
enables property owners to purchase participating in the NFIP and identified
44 CFR Part 64
Federal flood insurance that is not for more than a year on FEMA’s initial
[Docket ID FEMA–2015–0001: Internal otherwise generally available from FIRM for the community as having
Agency Docket No. FEMA–8405] private insurers. In return, communities flood-prone areas (section 202(a) of the
agree to adopt and administer local Flood Disaster Protection Act of 1973,
Suspension of Community Eligibility floodplain management measures aimed 42 U.S.C. 4106(a), as amended). This
at protecting lives and new construction prohibition against certain types of
AGENCY: Federal Emergency from future flooding. Section 1315 of Federal assistance becomes effective for
Management Agency, DHS. the National Flood Insurance Act of the communities listed on the date
ACTION: Final rule. 1968, as amended, 42 U.S.C. 4022, shown in the last column. The
prohibits the sale of NFIP flood Administrator finds that notice and
SUMMARY: This rule identifies insurance unless an appropriate public public comment procedures under 5
communities where the sale of flood body adopts adequate floodplain U.S.C. 553(b), are impracticable and
insurance has been authorized under management measures with effective unnecessary because communities listed
the National Flood Insurance Program enforcement measures. The in this final rule have been adequately
(NFIP) that are scheduled for communities listed in this document no notified.
suspension on the effective dates listed longer meet that statutory requirement Each community receives 6-month,
within this rule because of for compliance with program 90-day, and 30-day notification letters
noncompliance with the floodplain regulations, 44 CFR part 59. addressed to the Chief Executive Officer
management requirements of the Accordingly, the communities will be stating that the community will be
program. If the Federal Emergency suspended on the effective date in the suspended unless the required
Management Agency (FEMA) receives third column. As of that date, flood floodplain management measures are
documentation that the community has insurance will no longer be available in met prior to the effective suspension
adopted the required floodplain the community. We recognize that some date. Since these notifications were
management measures prior to the of these communities may adopt and made, this final rule may take effect
effective suspension date given in this submit the required documentation of within less than 30 days.
rule, the suspension will not occur and legally enforceable floodplain National Environmental Policy Act.
a notice of this will be provided by management measures after this rule is This rule is categorically excluded from
publication in the Federal Register on a published but prior to the actual the requirements of 44 CFR part 10,
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subsequent date. Also, information suspension date. These communities Environmental Considerations. No
identifying the current participation will not be suspended and will continue environmental impact assessment has
status of a community can be obtained to be eligible for the sale of NFIP flood been prepared.
from FEMA’s Community Status Book insurance. A notice withdrawing the Regulatory Flexibility Act. The
(CSB). The CSB is available at http:// suspension of such communities will be Administrator has determined that this
www.fema.gov/fema/csb.shtm. published in the Federal Register. rule is exempt from the requirements of
DATES: The effective date of each In addition, FEMA publishes a Flood the Regulatory Flexibility Act because
community’s scheduled suspension is Insurance Rate Map (FIRM) that the National Flood Insurance Act of
the third date (‘‘Susp.’’) listed in the identifies the Special Flood Hazard 1968, as amended, Section 1315, 42
third column of the following tables. Areas (SFHAs) in these communities. U.S.C. 4022, prohibits flood insurance
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![Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Rules and Regulations 63131
coverage unless an appropriate public Executive Order 13132, Federalism. Accordingly, 44 CFR part 64 is
body adopts adequate floodplain This rule involves no policies that have amended as follows:
management measures with effective federalism implications under Executive
enforcement measures. The Order 13132. PART 64—[AMENDED]
communities listed no longer comply Executive Order 12988, Civil Justice
with the statutory requirements, and ■ 1. The authority citation for Part 64
Reform. This rule meets the applicable continues to read as follows:
after the effective date, flood insurance standards of Executive Order 12988.
will no longer be available in the Authority: 42 U.S.C. 4001 et seq.;
communities unless remedial action Paperwork Reduction Act. This rule Reorganization Plan No. 3 of 1978, 3 CFR,
takes place. does not involve any collection of 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Regulatory Classification. This final information for purposes of the 3 CFR, 1979 Comp.; p. 376.
rule is not a significant regulatory action Paperwork Reduction Act, 44 U.S.C.
3501 et seq. § 64.6 [Amended]
under the criteria of section 3(f) of
Executive Order 12866 of September 30, List of Subjects in 44 CFR Part 64 ■ 2. The tables published under the
1993, Regulatory Planning and Review, authority of § 64.6 are amended as
58 FR 51735. Flood insurance, Floodplains. follows:
Date certain
Federal assist-
Community Effective date authorization/cancellation of Current effective
State and location ance no longer
No. sale of flood insurance in community map date available in
SFHAs
Region III
Pennsylvania: Philadelphia, City of, Phila- 420757 January 14, 1972, Emerg; June 15, 1979, November 18, November 18,
delphia County. Reg; November 18, 2015, Susp. 2015. 2015.
Region IV
Florida:
Highlands County, Unincorporated 120111 November 25, 1975, Emerg; February 16, November 18, November 18,
Areas. 1983, Reg; November 18, 2015, Susp. 2015. 2015.
Lake Placid, Town of, Highlands Coun- 120068 N/A, Emerg; April 25, 2006, Reg; November ......do* .............. Do.
ty. 18, 2015, Susp.
Sebring, City of, Highlands County ....... 120690 September 29, 2003, Emerg; N/A, Reg; No- ......do* .............. Do.
vember 18, 2015, Susp.
Region VII
Kansas: 23 Hanover, City of, Washington 200502 January 25, 1977, Emerg; September 27, ......do* .............. Do.
County. 1985, Reg; November 18, 2015, Susp.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: October 1, 2015.
Roy E. Wright,
Deputy Associate Administrator, Federal
Insurance and Mitigation Administration,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2015–26449 Filed 10–16–15; 8:45 am]
BILLING CODE 9110–12–P
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
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Document Created: 2015-12-15 08:35:34
Document Modified: 2015-12-15 08:35:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
| Contact | If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4133. | |
| FR Citation | 80 FR 63130 | |
| CFR Associated | Flood Insurance and Floodplains |
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