80_FR_73894 80 FR 73667 - Occupational Safety and Health Research and Related Activities: Removal of Regulations Regarding Administrative Functions, Practices, and Procedures

80 FR 73667 - Occupational Safety and Health Research and Related Activities: Removal of Regulations Regarding Administrative Functions, Practices, and Procedures

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73667-73669
FR Document2015-29827

With this action, the Department of Health and Human Services (HHS) removes its regulations pertaining to fees for direct training in occupational safety and health conducted by the National Institute for Occupational Safety and Health (NIOSH) in the Centers for Disease Control and Prevention (CDC). As a part of the retrospective review conducted by all Federal agencies, HHS has determined that these regulations are no longer in use by NIOSH and should be removed.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73667-73669]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29827]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 80

[Docket No. CDC-2015-0062; NIOSH-286]
RIN 0920-AA55


Occupational Safety and Health Research and Related Activities: 
Removal of Regulations Regarding Administrative Functions, Practices, 
and Procedures

AGENCY: Centers for Disease Control and Prevention, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: With this action, the Department of Health and Human Services 
(HHS) removes its regulations pertaining to fees for direct training in 
occupational safety and health conducted by the National Institute for 
Occupational Safety and Health (NIOSH) in the Centers for Disease 
Control and Prevention (CDC). As a part of the retrospective review 
conducted by all Federal agencies, HHS has determined that these 
regulations are no longer in use by NIOSH and should be removed.

DATES: This rule is effective on November 25, 2015.

FOR FURTHER INFORMATION CONTACT: Rachel Weiss, Program Analyst, 1090 
Tusculum Ave., MS: C-46, Cincinnati, OH 45226; telephone (855)818-1629 
(this is a toll-free number); email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    In a notice of proposed rulemaking published on August 13, 2015 (80 
FR 48473), HHS invited interested persons or organizations to submit 
written views, recommendations, and data regarding the removal of part 
80. We received no comments on this rule.

[[Page 73668]]

II. Statutory Authority

    HHS promulgated part 80 of title 42 to facilitate Section 21(a)(1) 
of the Occupational Safety and Health (OSH) Act of 1970 (29 U.S.C. 
670(a)(1)), which authorizes the Director of NIOSH to conduct 
educational programs to provide an adequate supply of qualified 
personnel to carry out the purposes of the OSH Act. Part 80 established 
tuition fees for such training, as authorized by 31 U.S.C. 483a (31 
U.S.C. 9701, as revised by Public Law 97-258, September 13, 1982), 
which permits agencies to ``prescribe regulations establishing the 
charge for service or thing of value provided by the agency.'' In 
accordance with section 6 of Executive Order 13563, HHS conducted a 
retrospective analysis of its existing rules, determined Part 80 to be 
obsolete, and is hereby removing Part 80 from Title 42.

III. Summary of Final Rule

    The provisions in Part 80 establish the NIOSH policies with respect 
to the charging of fees for direct training in occupational safety and 
health. Because NIOSH no longer offers direct training programs, these 
provisions are no longer needed. Removing Part 80 from Title 42 will 
have no effect on NIOSH procedures or practices, including the NIOSH 
funding of the Education and Research Centers for Occupational Safety 
and Health. This action is being done in accordance with Executive 
Order 13563, section 6, which requires that Federal agencies conduct 
retrospective analyses of existing rules. In conducting the analysis, 
HHS discovered that the Part 80 provisions were outdated.

IV. Regulatory Assessment Requirements

A. Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility.
    This final rule has been determined not to be a ``significant 
regulatory action'' under section 3(f) of E.O. 12866. With this action, 
HHS is removing part 80 from title 42. Because this final rule is 
entirely administrative and does not affect the economic impact, cost, 
or policies of any activities authorized by title 42, HHS has not 
prepared an economic analysis and the Office of Management and Budget 
(OMB) has not reviewed this rulemaking.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires each agency to consider the potential impact of its 
regulations on small entities including small businesses, small 
governmental units, and small not-for-profit organizations. Because no 
substantive changes will be made to 42 CFR part 80 as a result of this 
action, HHS certifies that this rule has ``no significant economic 
impact upon a substantial number of small entities'' within the meaning 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., requires 
an agency to invite public comment on, and to obtain OMB approval of, 
any regulation that requires 10 or more people to report information to 
the agency or to keep certain records. This rule does not contain any 
information collection requirements; thus, HHS has determined that the 
PRA does not apply to this rule.

D. Small Business Regulatory Enforcement Fairness Act

    As required by Congress under the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), HHS reported 
the promulgation of this rule to Congress prior to its effective date.

E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 
et seq.) directs agencies to assess the effects of Federal regulatory 
actions on State, local, and Tribal governments, and the private sector 
``other than to the extent that such regulations incorporate 
requirements specifically set forth in law.'' For purposes of the 
Unfunded Mandates Reform Act, this final rule does not include any 
Federal mandate that may result in increased annual expenditures in 
excess of $100 million by State, local or Tribal governments in the 
aggregate, or by the private sector.

F. Executive Order 12988 (Civil Justice)

    This final rule has been drafted and reviewed in accordance with 
Executive Order 12988, ``Civil Justice Reform,'' and will not unduly 
burden the Federal court system. This rule has been reviewed carefully 
to eliminate drafting errors and ambiguities.

G. Executive Order 13132 (Federalism)

    HHS has reviewed this final rule in accordance with Executive Order 
13132 regarding federalism, and has determined that it does not have 
``federalism implications.'' The rule does not ``have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risks and Safety Risks)

    In accordance with Executive Order 13045, HHS has evaluated the 
environmental health and safety effects of this final rule on children. 
HHS has determined that the rule would have no environmental health and 
safety effect on children.

I. Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use)

    In accordance with Executive Order 13211, HHS has evaluated the 
effects of this final rule on energy supply, distribution or use, and 
has determined that the rule will not have a significant adverse 
effect.

J. Plain Writing Act of 2010

    Under Public Law 111-274 (October 13, 2010), executive Departments 
and Agencies are required to use plain language in documents that 
explain to the public how to comply with a requirement the Federal 
Government administers or enforces. HHS has attempted to use plain 
language in promulgating the final rule consistent with the Federal 
Plain Writing Act guidelines.

Final Rule

    For the reasons discussed in the preamble and under the authorities 
29 U.S.C. 671, 31 U.S.C. 9701, and 42 U.S.C. 216(b), the Department of 
Health and Human Services amends 42 CFR chapter I by removing part 80.

PART 80--[REMOVED AND RESERVED]

0
1. Remove and reserve part 80.


[[Page 73669]]


    Dated: November 16, 2015.
Sylvia M. Burwell,
Secretary, Department of Health and Human Services.
[FR Doc. 2015-29827 Filed 11-24-15; 8:45 am]
 BILLING CODE 4163-18-P



                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                                     73667

                                                under the legal framework provided by                   responsibilities established by Congress              § 180.649 Saflufenacil; tolerances for
                                                the Federal Insecticide, Fungicide,                     in the preemption provisions of FFDCA                 residues.
                                                Rodenticide Act (FIFRA) and Section                     section 408(n)(4). As such, the Agency                    (a) * * * (1) * * *
                                                408 of the Federal Food, Drug and                       has determined that this action will not
                                                Cosmetic Act (FFDCA), which allows                      have a substantial direct effect on States                          Commodity                    Parts per
                                                EPA to assess the risk of pesticides and                or tribal governments, on the                                                                     million
                                                set tolerance levels for those pesticides               relationship between the national
                                                on food commodities as deemed                           government and the States or tribal                     *        *             *             *            *
                                                necessary to protect human health while                 governments, or on the distribution of                Pomegranate ........................         0.03
                                                still providing tools for growers so that               power and responsibilities among the
                                                they can meet the ever-growing food                     various levels of government or between                   *            *         *           *            *
                                                demands of this country and others.                     the Federal Government and Indian
                                                V. Conclusion                                           tribes. Thus, the Agency has determined               *        *       *     *       *
                                                                                                        that Executive Order 13132, entitled                  [FR Doc. 2015–29889 Filed 11–24–15; 8:45 am]
                                                   Therefore, tolerances are established                ‘‘Federalism’’ (64 FR 43255, August 10,               BILLING CODE 6560–50–P
                                                for residues of saflufenacil, (2-chloro-5-              1999) and Executive Order 13175,
                                                [3,6-dihydro-3-methyl-2,6-dioxo-4-                      entitled ‘‘Consultation and Coordination
                                                (trifluoromethyl)-1(2H)-pyrimidinyl]-4-                 with Indian Tribal Governments’’ (65 FR
                                                fluoro-N-[[methyl(1-                                    67249, November 9, 2000) do not apply                 DEPARTMENT OF HEALTH AND
                                                methylethyl)amino]sulfonyl]benzamide)                   to this action. In addition, this action              HUMAN SERVICES
                                                and its metabolites, in or on                           does not impose any enforceable duty or
                                                pomegranate at 0.03 ppm.                                                                                      42 CFR Part 80
                                                                                                        contain any unfunded mandate as
                                                VI. Statutory and Executive Order                       described under Title II of the Unfunded              [Docket No. CDC–2015–0062; NIOSH–286]
                                                Reviews                                                 Mandates Reform Act (UMRA) (2 U.S.C.
                                                   This action establishes a tolerance                  1501 et seq.).                                        RIN 0920–AA55
                                                under FFDCA section 408(d) in                              This action does not involve any
                                                response to a petition submitted to the                 technical standards that would require                Occupational Safety and Health
                                                Agency. The Office of Management and                    Agency consideration of voluntary                     Research and Related Activities:
                                                Budget (OMB) has exempted these types                   consensus standards pursuant to section               Removal of Regulations Regarding
                                                of actions from review under Executive                  12(d) of the National Technology                      Administrative Functions, Practices,
                                                Order 12866, entitled ‘‘Regulatory                      Transfer and Advancement Act                          and Procedures
                                                Planning and Review’’ (58 FR 51735,                     (NTTAA) (15 U.S.C. 272 note).
                                                                                                                                                              AGENCY:  Centers for Disease Control and
                                                October 4, 1993). Because this action                   VII. Congressional Review Act                         Prevention, HHS.
                                                has been exempted from review under
                                                                                                                                                              ACTION: Final rule.
                                                Executive Order 12866, this action is                     Pursuant to the Congressional Review
                                                not subject to Executive Order 13211,                   Act (5 U.S.C. 801 et seq.), EPA will                  SUMMARY:    With this action, the
                                                entitled ‘‘Actions Concerning                           submit a report containing this rule and              Department of Health and Human
                                                Regulations That Significantly Affect                   other required information to the U.S.                Services (HHS) removes its regulations
                                                Energy Supply, Distribution, or Use’’ (66               Senate, the U.S. House of                             pertaining to fees for direct training in
                                                FR 28355, May 22, 2001) or Executive                    Representatives, and the Comptroller                  occupational safety and health
                                                Order 13045, entitled ‘‘Protection of                   General of the United States prior to                 conducted by the National Institute for
                                                Children from Environmental Health                      publication of the rule in the Federal                Occupational Safety and Health
                                                Risks and Safety Risks’’ (62 FR 19885,                  Register. This action is not a ‘‘major                (NIOSH) in the Centers for Disease
                                                April 23, 1997). This action does not                   rule’’ as defined by 5 U.S.C. 804(2).                 Control and Prevention (CDC). As a part
                                                contain any information collections                                                                           of the retrospective review conducted
                                                                                                        List of Subjects in 40 CFR Part 180
                                                subject to OMB approval under the                                                                             by all Federal agencies, HHS has
                                                Paperwork Reduction Act (PRA) (44                         Environmental protection,                           determined that these regulations are no
                                                U.S.C. 3501 et seq.), nor does it require               Administrative practice and procedure,                longer in use by NIOSH and should be
                                                any special considerations under                        Agricultural commodities, Pesticides                  removed.
                                                Executive Order 12898, entitled                         and pests, Reporting and recordkeeping                DATES: This rule is effective on
                                                ‘‘Federal Actions to Address                            requirements.                                         November 25, 2015.
                                                Environmental Justice in Minority                         Dated: November 17, 2015.
                                                Populations and Low-Income                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                        Susan Lewis,                                          Rachel Weiss, Program Analyst, 1090
                                                Populations’’ (59 FR 7629, February 16,
                                                1994).                                                  Director, Registration Division, Office of            Tusculum Ave., MS: C–46, Cincinnati,
                                                                                                        Pesticide Programs.                                   OH 45226; telephone (855)818–1629
                                                   Since tolerances and exemptions that
                                                are established on the basis of a petition                Therefore, 40 CFR chapter I is                      (this is a toll-free number); email
                                                under FFDCA section 408(d), such as                     amended as follows:                                   NIOSHregs@cdc.gov.
                                                the tolerance in this final rule, do not                                                                      SUPPLEMENTARY INFORMATION:
                                                require the issuance of a proposed rule,                PART 180—[AMENDED]
                                                                                                                                                              I. Public Participation
                                                the requirements of the Regulatory
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                                                Flexibility Act (RFA) (5 U.S.C. 601 et                  ■ 1. The authority citation for part 180                In a notice of proposed rulemaking
                                                seq.), do not apply.                                    continues to read as follows:                         published on August 13, 2015 (80 FR
                                                   This action directly regulates growers,                  Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                                                                              48473), HHS invited interested persons
                                                food processors, food handlers, and food                                                                      or organizations to submit written
                                                retailers, not States or tribes, nor does               ■ 2. In § 180.649, add alphabetically the             views, recommendations, and data
                                                this action alter the relationships or                  entry to the table in paragraph (a)(1) to             regarding the removal of part 80. We
                                                distribution of power and                               read as follows:                                      received no comments on this rule.


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                                                73668        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                II. Statutory Authority                                 is entirely administrative and does not               court system. This rule has been
                                                   HHS promulgated part 80 of title 42                  affect the economic impact, cost, or                  reviewed carefully to eliminate drafting
                                                to facilitate Section 21(a)(1) of the                   policies of any activities authorized by              errors and ambiguities.
                                                Occupational Safety and Health (OSH)                    title 42, HHS has not prepared an
                                                                                                        economic analysis and the Office of                   G. Executive Order 13132 (Federalism)
                                                Act of 1970 (29 U.S.C. 670(a)(1)), which
                                                authorizes the Director of NIOSH to                     Management and Budget (OMB) has not                      HHS has reviewed this final rule in
                                                conduct educational programs to                         reviewed this rulemaking.                             accordance with Executive Order 13132
                                                provide an adequate supply of qualified                 B. Regulatory Flexibility Act                         regarding federalism, and has
                                                personnel to carry out the purposes of                                                                        determined that it does not have
                                                the OSH Act. Part 80 established tuition                  The Regulatory Flexibility Act (RFA),
                                                                                                        5 U.S.C. 601 et seq., requires each                   ‘‘federalism implications.’’ The rule
                                                fees for such training, as authorized by                                                                      does not ‘‘have substantial direct effects
                                                31 U.S.C. 483a (31 U.S.C. 9701, as                      agency to consider the potential impact
                                                                                                        of its regulations on small entities                  on the States, on the relationship
                                                revised by Public Law 97–258,                                                                                 between the national government and
                                                September 13, 1982), which permits                      including small businesses, small
                                                                                                        governmental units, and small not-for-                the States, or on the distribution of
                                                agencies to ‘‘prescribe regulations
                                                                                                        profit organizations. Because no                      power and responsibilities among the
                                                establishing the charge for service or
                                                thing of value provided by the agency.’’                substantive changes will be made to 42                various levels of government.’’
                                                In accordance with section 6 of                         CFR part 80 as a result of this action,
                                                                                                                                                              H. Executive Order 13045 (Protection of
                                                Executive Order 13563, HHS conducted                    HHS certifies that this rule has ‘‘no
                                                                                                        significant economic impact upon a                    Children From Environmental Health
                                                a retrospective analysis of its existing                                                                      Risks and Safety Risks)
                                                rules, determined Part 80 to be obsolete,               substantial number of small entities’’
                                                and is hereby removing Part 80 from                     within the meaning of the Regulatory                    In accordance with Executive Order
                                                Title 42.                                               Flexibility Act (5 U.S.C. 601 et seq.).               13045, HHS has evaluated the
                                                III. Summary of Final Rule                              C. Paperwork Reduction Act                            environmental health and safety effects
                                                                                                          The Paperwork Reduction Act (PRA),                  of this final rule on children. HHS has
                                                   The provisions in Part 80 establish the                                                                    determined that the rule would have no
                                                NIOSH policies with respect to the                      44 U.S.C. 3501 et seq., requires an
                                                                                                        agency to invite public comment on,                   environmental health and safety effect
                                                charging of fees for direct training in                                                                       on children.
                                                occupational safety and health. Because                 and to obtain OMB approval of, any
                                                NIOSH no longer offers direct training                  regulation that requires 10 or more                   I. Executive Order 13211 (Actions
                                                programs, these provisions are no longer                people to report information to the                   Concerning Regulations That
                                                needed. Removing Part 80 from Title 42                  agency or to keep certain records. This               Significantly Affect Energy Supply,
                                                will have no effect on NIOSH                            rule does not contain any information                 Distribution, or Use)
                                                procedures or practices, including the                  collection requirements; thus, HHS has
                                                NIOSH funding of the Education and                      determined that the PRA does not apply                  In accordance with Executive Order
                                                Research Centers for Occupational                       to this rule.                                         13211, HHS has evaluated the effects of
                                                Safety and Health. This action is being                 D. Small Business Regulatory                          this final rule on energy supply,
                                                done in accordance with Executive                       Enforcement Fairness Act                              distribution or use, and has determined
                                                Order 13563, section 6, which requires                                                                        that the rule will not have a significant
                                                                                                          As required by Congress under the
                                                that Federal agencies conduct                                                                                 adverse effect.
                                                                                                        Small Business Regulatory Enforcement
                                                retrospective analyses of existing rules.
                                                                                                        Fairness Act of 1996 (5 U.S.C. 801 et                 J. Plain Writing Act of 2010
                                                In conducting the analysis, HHS
                                                                                                        seq.), HHS reported the promulgation of
                                                discovered that the Part 80 provisions                                                                           Under Public Law 111–274 (October
                                                                                                        this rule to Congress prior to its effective
                                                were outdated.                                                                                                13, 2010), executive Departments and
                                                                                                        date.
                                                IV. Regulatory Assessment                                                                                     Agencies are required to use plain
                                                                                                        E. Unfunded Mandates Reform Act of                    language in documents that explain to
                                                Requirements
                                                                                                        1995
                                                                                                                                                              the public how to comply with a
                                                A. Executive Order 12866 and Executive                     Title II of the Unfunded Mandates
                                                Order 13563                                                                                                   requirement the Federal Government
                                                                                                        Reform Act of 1995 (2 U.S.C. 1531 et                  administers or enforces. HHS has
                                                   Executive Orders 12866 and 13563                     seq.) directs agencies to assess the                  attempted to use plain language in
                                                direct agencies to assess all costs and                 effects of Federal regulatory actions on              promulgating the final rule consistent
                                                benefits of available regulatory                        State, local, and Tribal governments,                 with the Federal Plain Writing Act
                                                alternatives and, if regulation is                      and the private sector ‘‘other than to the            guidelines.
                                                necessary, to select regulatory                         extent that such regulations incorporate
                                                approaches that maximize net benefits                   requirements specifically set forth in                Final Rule
                                                (including potential economic,                          law.’’ For purposes of the Unfunded
                                                environmental, public health and safety                 Mandates Reform Act, this final rule                    For the reasons discussed in the
                                                effects, distributive impacts, and                      does not include any Federal mandate                  preamble and under the authorities 29
                                                equity). E.O. 13563 emphasizes the                      that may result in increased annual                   U.S.C. 671, 31 U.S.C. 9701, and 42
                                                importance of quantifying both costs                    expenditures in excess of $100 million                U.S.C. 216(b), the Department of Health
                                                and benefits, of reducing costs, of                     by State, local or Tribal governments in              and Human Services amends 42 CFR
jstallworth on DSK7TPTVN1PROD with RULES




                                                harmonizing rules, and of promoting                     the aggregate, or by the private sector.              chapter I by removing part 80.
                                                flexibility.
                                                   This final rule has been determined                  F. Executive Order 12988 (Civil Justice)              PART 80—[REMOVED AND
                                                not to be a ‘‘significant regulatory                      This final rule has been drafted and                RESERVED]
                                                action’’ under section 3(f) of E.O. 12866.              reviewed in accordance with Executive
                                                With this action, HHS is removing part                  Order 12988, ‘‘Civil Justice Reform,’’                ■   1. Remove and reserve part 80.
                                                80 from title 42. Because this final rule               and will not unduly burden the Federal


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                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                           73669

                                                  Dated: November 16, 2015.                             agree to adopt and administer local                   floodplain management measures are
                                                Sylvia M. Burwell,                                      floodplain management measures aimed                  met prior to the effective suspension
                                                Secretary, Department of Health and Human               at protecting lives and new construction              date. Since these notifications were
                                                Services.                                               from future flooding. Section 1315 of                 made, this final rule may take effect
                                                [FR Doc. 2015–29827 Filed 11–24–15; 8:45 am]            the National Flood Insurance Act of                   within less than 30 days.
                                                BILLING CODE 4163–18–P                                  1968, as amended, 42 U.S.C. 4022,                        National Environmental Policy Act.
                                                                                                        prohibits the sale of NFIP flood                      This rule is categorically excluded from
                                                                                                        insurance unless an appropriate public                the requirements of 44 CFR part 10,
                                                DEPARTMENT OF HOMELAND                                  body adopts adequate floodplain                       Environmental Considerations. No
                                                SECURITY                                                management measures with effective                    environmental impact assessment has
                                                                                                        enforcement measures. The                             been prepared.
                                                Federal Emergency Management                            communities listed in this document no                   Regulatory Flexibility Act. The
                                                Agency                                                  longer meet that statutory requirement                Administrator has determined that this
                                                                                                        for compliance with program                           rule is exempt from the requirements of
                                                44 CFR Part 64                                          regulations, 44 CFR part 59.                          the Regulatory Flexibility Act because
                                                                                                        Accordingly, the communities will be                  the National Flood Insurance Act of
                                                [Docket ID FEMA–2015–0001; Internal
                                                Agency Docket No. FEMA–8411]
                                                                                                        suspended on the effective date in the                1968, as amended, Section 1315, 42
                                                                                                        third column. As of that date, flood                  U.S.C. 4022, prohibits flood insurance
                                                Suspension of Community Eligibility                     insurance will no longer be available in              coverage unless an appropriate public
                                                                                                        the community. We recognize that some                 body adopts adequate floodplain
                                                AGENCY:  Federal Emergency                              of these communities may adopt and                    management measures with effective
                                                Management Agency, DHS.                                 submit the required documentation of                  enforcement measures. The
                                                ACTION: Final rule.                                     legally enforceable floodplain                        communities listed no longer comply
                                                                                                        management measures after this rule is                with the statutory requirements, and
                                                SUMMARY:    This rule identifies
                                                                                                        published but prior to the actual                     after the effective date, flood insurance
                                                communities where the sale of flood
                                                                                                        suspension date. These communities                    will no longer be available in the
                                                insurance has been authorized under
                                                                                                        will not be suspended and will continue               communities unless remedial action
                                                the National Flood Insurance Program
                                                                                                        to be eligible for the sale of NFIP flood             takes place.
                                                (NFIP) that are scheduled for
                                                                                                        insurance. A notice withdrawing the                      Regulatory Classification. This final
                                                suspension on the effective dates listed
                                                                                                        suspension of such communities will be                rule is not a significant regulatory action
                                                within this rule because of
                                                                                                        published in the Federal Register.                    under the criteria of section 3(f) of
                                                noncompliance with the floodplain                          In addition, FEMA publishes a Flood
                                                management requirements of the                                                                                Executive Order 12866 of September 30,
                                                                                                        Insurance Rate Map (FIRM) that
                                                program. If the Federal Emergency                                                                             1993, Regulatory Planning and Review,
                                                                                                        identifies the Special Flood Hazard
                                                Management Agency (FEMA) receives                                                                             58 FR 51735.
                                                                                                        Areas (SFHAs) in these communities.
                                                documentation that the community has                    The date of the FIRM, if one has been                    Executive Order 13132, Federalism.
                                                adopted the required floodplain                         published, is indicated in the fourth                 This rule involves no policies that have
                                                management measures prior to the                        column of the table. No direct Federal                federalism implications under Executive
                                                effective suspension date given in this                 financial assistance (except assistance               Order 13132.
                                                rule, the suspension will not occur and                 pursuant to the Robert T. Stafford                       Executive Order 12988, Civil Justice
                                                a notice of this will be provided by                    Disaster Relief and Emergency                         Reform. This rule meets the applicable
                                                publication in the Federal Register on a                Assistance Act not in connection with a               standards of Executive Order 12988.
                                                subsequent date. Also, information                      flood) may be provided for construction                  Paperwork Reduction Act. This rule
                                                identifying the current participation                   or acquisition of buildings in identified             does not involve any collection of
                                                status of a community can be obtained                   SFHAs for communities not                             information for purposes of the
                                                from FEMA’s Community Status Book                       participating in the NFIP and identified              Paperwork Reduction Act, 44 U.S.C.
                                                (CSB). The CSB is available at http://                  for more than a year on FEMA’s initial                3501 et seq.
                                                www.fema.gov/fema/csb.shtm.                             FIRM for the community as having
                                                DATES: The effective date of each
                                                                                                                                                              List of Subjects in 44 CFR Part 64
                                                                                                        flood-prone areas (section 202(a) of the
                                                community’s scheduled suspension is                     Flood Disaster Protection Act of 1973,                  Flood insurance, Floodplains.
                                                the third date (‘‘Susp.’’) listed in the                42 U.S.C. 4106(a), as amended). This                    Accordingly, 44 CFR part 64 is
                                                third column of the following tables.                   prohibition against certain types of                  amended as follows:
                                                FOR FURTHER INFORMATION CONTACT: If                     Federal assistance becomes effective for
                                                you want to determine whether a                         the communities listed on the date                    PART 64—[AMENDED]
                                                particular community was suspended                      shown in the last column. The
                                                on the suspension date or for further                   Administrator finds that notice and                   ■ 1. The authority citation for Part 64
                                                information, contact Patricia Suber,                    public comment procedures under 5                     continues to read as follows:
                                                Federal Insurance and Mitigation                        U.S.C. 553(b), are impracticable and                    Authority: 42 U.S.C. 4001 et seq.;
                                                Administration, Federal Emergency                       unnecessary because communities listed                Reorganization Plan No. 3 of 1978, 3 CFR,
                                                Management Agency, 500 C Street SW.,                    in this final rule have been adequately               1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
                                                Washington, DC 20472, (202) 646–4149.                   notified.                                             3 CFR, 1979 Comp.; p. 376.
                                                SUPPLEMENTARY INFORMATION: The NFIP                        Each community receives 6-month,
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                                                                              § 64.6   [Amended]
                                                enables property owners to purchase                     90-day, and 30-day notification letters
                                                Federal flood insurance that is not                     addressed to the Chief Executive Officer              ■ 2. The tables published under the
                                                otherwise generally available from                      stating that the community will be                    authority of § 64.6 are amended as
                                                private insurers. In return, communities                suspended unless the required                         follows:




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Document Created: 2018-03-01 11:14:18
Document Modified: 2018-03-01 11:14:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on November 25, 2015.
ContactRachel Weiss, Program Analyst, 1090 Tusculum Ave., MS: C-46, Cincinnati, OH 45226; telephone (855)818-1629 (this is a toll-free number); email [email protected]
FR Citation80 FR 73667 
RIN Number0920-AA55

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