81 FR 55149 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range		55149-55150
FR Document		2016-19667

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.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)

[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Rules and Regulations]
[Pages 55149-55150]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-19667]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8451]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

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 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 Patricia Suber, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 400 C
Street SW., Washington, DC 20472, (202) 646-4149.

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

[[Page 55150]]

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 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/
State and location Community No. cancellation of sale of Current effective map date Date certain Federal assistance no
flood insurance in longer available in SFHAs
community
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region IX

California:
Sacramento County, Unincorporated 060262 March 31, 1972, Emerg; October 20, 2016.................. October 20, 2016.
Areas. March 15, 1979, Reg;
October 20, 2016, Susp.
San Joaquin County, Unincorporated 060299 February 23, 1973, ......do *........................ Do.
Areas. Emerg; May 15, 1980,
Reg; October 20, 2016,
Susp.

Region X

Alaska:
Homer, City of, Kenai Peninsula 020107 N/A, Emerg; June 2, ......do.......................... Do.
Borough. 2003, Reg; October 20,
2016, Susp.
Kenai Peninsula Borough, 020012 June 19, 1970, Emerg; ......do.......................... Do.
Unincorporated Areas. November 20, 1986, Reg;
October 20, 2016, Susp.
Seward, City of, Kenai Peninsula 020113 June 19, 1970, Emerg; ......do.......................... Do.
Borough. November 20, 1986, Reg;
October 20, 2016, Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: August 11, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2016-19667 Filed 8-17-16; 8:45 am]
BILLING CODE 9110-12-P

Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Rules and Regulations 55149

sex discrimination under Title IX have to be undergoing or have status of a community can be obtained
includes discrimination based on completed any medical procedure, nor from FEMA’s Community Status Book
gender identity, which encompasses can they be required to show proof of (CSB). The CSB is available at http://
discrimination based on transgender surgery to be treated in accordance with www.fema.gov/fema/csb.shtm.
status. The guidance explains that ED their gender identity and obtain access DATES: The effective date of each
and DOJ treat an individual’s gender to the restroom corresponding with their community’s scheduled suspension is
identity as the individual’s sex for gender identity. Further, Federal the third date (‘‘Susp.’’) listed in the
purposes of Title IX and its agencies may not restrict only third column of the following tables.
implementing regulations. This transgender individuals to only use FOR FURTHER INFORMATION CONTACT: If
guidance is available at www.ed.gov/ single-occupancy restrooms, such as you want to determine whether a
ocr/letters/colleague-201605-title-ix- family or accessible facilities open to all particular community was suspended
transgender.pdf. genders. However, Federal agencies may on the suspension date or for further
e. The U.S. Office of Personnel make individual-user options available information, contact Patricia Suber,
Management (OPM) has also provided to all individuals who voluntarily seek Federal Insurance and Mitigation
guidance to Federal agencies about the additional privacy. Administration, Federal Emergency
treatment of transgender individuals. In 5. Who should I contact for further Management Agency, 400 C Street SW.,
a document entitled ‘‘Guidance information or direct questions Washington, DC 20472, (202) 646–4149.
Regarding the Employment of regarding this bulletin? Further SUPPLEMENTARY INFORMATION: The NFIP
Transgender Individuals in the Federal information regarding this bulletin may enables property owners to purchase
Workplace,’’ OPM notes that be obtained from the GSA Office of Civil Federal flood insurance that is not
‘‘transgender’’ refers to people whose Rights by sending an email message to
gender identity and/or expression is otherwise generally available from
Mr. Dennis Oden, Director, Civil Rights private insurers. In return, communities
different from the sex assigned to them Program Division at dennis.oden@
at birth (e.g. the sex listed on an original agree to adopt and administer local
gsa.gov or by calling 202–417–5711. floodplain management measures aimed
birth certificate). The OPM Guidance
further explains that the term Dated: August 8, 2016. at protecting lives and new construction
‘‘transgender woman’’ typically is used from future flooding. Section 1315 of
Denise Turner-Roth,
to refer to someone who was assigned the National Flood Insurance Act of
Administrator. 1968, as amended, 42 U.S.C. 4022,
the male sex at birth but who identifies
as a female. Likewise, OPM provides [FR Doc. 2016–19450 Filed 8–17–16; 8:45 am] prohibits the sale of NFIP flood
that the term ‘‘transgender man’’ BILLING CODE 6820–14–P
insurance unless an appropriate public
typically is used to refer to someone body adopts adequate floodplain
who was assigned the female sex at management measures with effective
birth but who identifies as male. Lastly, DEPARTMENT OF HOMELAND enforcement measures. The
OPM recognizes that a person does not SECURITY communities listed in this document no
need to undergo any medical procedure longer meet that statutory requirement
to be considered a transgender man or Federal Emergency Management for compliance with program
a transgender woman. The OPM Agency regulations, 44 CFR part 59.
guidance is available at https:// Accordingly, the communities will be
www.opm.gov/policy-data-oversight/ 44 CFR Part 64 suspended on the effective date in the
diversity-and-inclusion/reference- third column. As of that date, flood
[Docket ID FEMA–2016–0002; Internal insurance will no longer be available in
materials/addressing-sexual- Agency Docket No. FEMA–8451]
orientation-and-gender-identity- the community. We recognize that some
discrimination-in-federal-civilian- Suspension of Community Eligibility of these communities may adopt and
employment.pdf. submit the required documentation of
4. What is nondiscrimination on AGENCY: Federal Emergency legally enforceable floodplain
property under the jurisdiction, custody, Management Agency, DHS. management measures after this rule is
or control of GSA? ACTION: Final rule. published but prior to the actual
a. Consistent with the interpretations suspension date. These communities
issued by the EEOC, ED, DOJ, and OPM, SUMMARY: This rule identifies will not be suspended and will continue
the prohibition against sex communities where the sale of flood to be eligible for the sale of NFIP flood
discrimination in the Federal insurance has been authorized under insurance. A notice withdrawing the
Management Regulation 41 CFR part 74 the National Flood Insurance Program suspension of such communities will be
section 102–74.445 also prohibits (NFIP) that are scheduled for published in the Federal Register.
discrimination due to gender identity, suspension on the effective dates listed In addition, FEMA publishes a Flood
which includes discrimination based on within this rule because of Insurance Rate Map (FIRM) that
an individual’s transgender status. noncompliance with the floodplain identifies the Special Flood Hazard
b. Federal agencies occupying space management requirements of the Areas (SFHAs) in these communities.
under the jurisdiction, custody, or program. If the Federal Emergency The date of the FIRM, if one has been
control of GSA must allow individuals Management Agency (FEMA) receives published, is indicated in the fourth
to use restroom facilities and related documentation that the community has column of the table. No direct Federal
areas consistent with their gender adopted the required floodplain financial assistance (except assistance
identity. As consistent with guidance by management measures prior to the pursuant to the Robert T. Stafford
rmajette on DSK2TPTVN1PROD with RULES

DOJ and ED, the self-identification of effective suspension date given in this Disaster Relief and Emergency
gender identity by any individual is rule, the suspension will not occur and Assistance Act not in connection with a
sufficient to establish which restroom or a notice of this will be provided by flood) may be provided for construction
other single-sex facilities should be publication in the Federal Register on a or acquisition of buildings in identified
used. As noted by ED, EEOC, DOJ and subsequent date. Also, information SFHAs for communities not
OPM, transgender individuals do not identifying the current participation participating in the NFIP and identified

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55150 Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Rules and Regulations

for more than a year on FEMA’s initial environmental impact assessment has Executive Order 12988, Civil Justice
FIRM for the community as having been prepared. Reform. This rule meets the applicable
flood-prone areas (section 202(a) of the Regulatory Flexibility Act. The standards of Executive Order 12988.
Flood Disaster Protection Act of 1973, Administrator has determined that this Paperwork Reduction Act. This rule
42 U.S.C. 4106(a), as amended). This rule is exempt from the requirements of does not involve any collection of
prohibition against certain types of the Regulatory Flexibility Act because information for purposes of the
Federal assistance becomes effective for the National Flood Insurance Act of Paperwork Reduction Act, 44 U.S.C.
the communities listed on the date 1968, as amended, Section 1315, 42
3501 et seq.
shown in the last column. The U.S.C. 4022, prohibits flood insurance
Administrator finds that notice and coverage unless an appropriate public List of Subjects in 44 CFR Part 64
public comment procedures under 5 body adopts adequate floodplain
U.S.C. 553(b), are impracticable and management measures with effective Flood insurance, Floodplains.
unnecessary because communities listed enforcement measures. The Accordingly, 44 CFR part 64 is
in this final rule have been adequately communities listed no longer comply amended as follows:
notified. with the statutory requirements, and
Each community receives 6-month, after the effective date, flood insurance PART 64—[AMENDED]
90-day, and 30-day notification letters will no longer be available in the
addressed to the Chief Executive Officer communities unless remedial action ■ 1. The authority citation for Part 64
stating that the community will be takes place. continues to read as follows:
suspended unless the required Regulatory Classification. This final
floodplain management measures are rule is not a significant regulatory action Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
met prior to the effective suspension under the criteria of section 3(f) of
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
date. Since these notifications were Executive Order 12866 of September 30, 3 CFR, 1979 Comp.; p. 376.
made, this final rule may take effect 1993, Regulatory Planning and Review,
within less than 30 days. 58 FR 51735. § 64.6 [Amended]
National Environmental Policy Act. Executive Order 13132, Federalism.
This rule is categorically excluded from This rule involves no policies that have ■ 2. The tables published under the
the requirements of 44 CFR part 10, federalism implications under Executive authority of § 64.6 are amended as
Environmental Considerations. No Order 13132. follows:

Date certain
Effective date authorization/ Federal
Community Current effective
State and location cancellation of sale of flood insurance assistance no
No. map date
in community longer available
in SFHAs

Region IX
California:
Sacramento County, Unincor- 060262 March 31, 1972, Emerg; March 15, October 20, 2016 .... October 20, 2016.
porated Areas. 1979, Reg; October 20, 2016, Susp.
San Joaquin County, Unincor- 060299 February 23, 1973, Emerg; May 15, ......do * .................... Do.
porated Areas. 1980, Reg; October 20, 2016, Susp.
Region X
Alaska:
Homer, City of, Kenai Peninsula 020107 N/A, Emerg; June 2, 2003, Reg; Octo- ......do ...................... Do.
Borough. ber 20, 2016, Susp.
Kenai Peninsula Borough, Unin- 020012 June 19, 1970, Emerg; November 20, ......do ...................... Do.
corporated Areas. 1986, Reg; October 20, 2016, Susp.
Seward, City of, Kenai Peninsula 020113 June 19, 1970, Emerg; November 20, ......do ...................... Do.
Borough. 1986, Reg; October 20, 2016, Susp.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 11, 2016. DEPARTMENT OF HOMELAND SUMMARY: This rule identifies
Michael M. Grimm, SECURITY communities where the sale of flood
Assistant Administrator for Mitigation, insurance has been authorized under
Federal Insurance and Mitigation Federal Emergency Management the National Flood Insurance Program
Administration, Department of Homeland Agency (NFIP) that are scheduled for
Security, Federal Emergency Management suspension on the effective dates listed
Agency. 44 CFR Part 64 within this rule because of
[FR Doc. 2016–19667 Filed 8–17–16; 8:45 am] noncompliance with the floodplain
BILLING CODE 9110–12–P [Docket ID FEMA–2016–0002; Internal management requirements of the
Agency Docket No. FEMA–8447] program. If the Federal Emergency
rmajette on DSK2TPTVN1PROD with RULES

Management Agency (FEMA) receives
Suspension of Community Eligibility documentation that the community has
AGENCY: Federal Emergency adopted the required floodplain
Management Agency, DHS. management measures prior to the
effective suspension date given in this
ACTION: Final rule.
rule, the suspension will not occur and

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Document Created: 2016-08-17 23:46:07
Document Modified: 2016-08-17 23:46:07

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 Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149.
FR Citation		81 FR 55149
CFR Associated		Flood Insurance and Floodplains

81 FR 55149 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 81, Issue 160 (August 18, 2016)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency