81 FR 66829 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range		66829-66830
FR Document		2016-23459

This rule identifies a community where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that is scheduled for suspension on the effective date 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/national-flood-program-community-status-book.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66829-66830]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23459]


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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-9999]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies a community where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP) that is scheduled for suspension on the effective date 
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/national-flood-program-community-status-book.

DATES: The effective date of the 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

[[Page 66830]]

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 community listed in this document no longer meet that 
statutory requirement for compliance with program regulations, 44 CFR 
part 59. Accordingly, the community 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 this community 
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. This community 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 published a Flood Insurance Rate Map (FIRM) that 
identifies the Special Flood Hazard Areas (SFHAs) in this community. 
The date of the FIRM 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 community 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 the community listed in this final rule has been 
adequately notified. In accordance with 44 CFR 59.24(d), the community 
received a 30-day notification letter 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 per the requirements of FEMA Instruction 108-1-1 and DHS 
Instruction 023-01-001-01. 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 community listed no 
longer comply with the statutory requirements, and after the effective 
date, flood insurance will no longer be available in the community 
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 SHFAs
                                                 community
----------------------------------------------------------------------------------------------------------------
          Region III
 
Virginia: Louisa County,             510092  March 1, 1972;    November 5, 1997........  October 31, 2016.
 Unincorporated Areas.                        Emergency; June
                                              1, 1989; Reg;
                                              October 31,
                                              2016; Susp.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: September 16, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2016-23459 Filed 9-28-16; 8:45 am]
 BILLING CODE 9110-12-P

Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66829

• Is not subject to requirements of submit a rule report, which includes a List of Subjects in 40 CFR Part 52
section 12(d) of the National copy of the rule, to each House of the
Technology Transfer and Advancement Congress and to the Comptroller General Environmental protection,
Act of 1995 (15 U.S.C. 272 note) because of the United States. EPA will submit a Incorporation by reference, Reporting
application of those requirements would report containing this action and other and recordkeeping requirements.
be inconsistent with the CAA; and required information to the U.S. Senate, Dated: September 15, 2016.
• Does not provide EPA with the the U.S. House of Representatives, and Kenneth R. Lapierre,
discretionary authority to address, as the Comptroller General of the United
Acting Regional Administrator, Region 4.
appropriate, disproportionate human States prior to publication of the rule in
health or environmental effects, using the Federal Register. A major rule 40 CFR part 52 is amended as follows:
practicable and legally permissible cannot take effect until 60 days after it
methods, under Executive Order 12898 is published in the Federal Register. PART 52—APPROVAL AND
(59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as PROMULGATION OF
The SIP is not approved to apply on defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
any Indian reservation land or in any Under section 307(b)(1) of the CAA,
other area where EPA or an Indian tribe petitions for judicial review of this ■ 1. The authority citation for part 52
has demonstrated that a tribe has action must be filed in the United States continues to read as follows:
jurisdiction. In those areas of Indian Court of Appeals for the appropriate
country, the rule does not have tribal circuit by November 28, 2016. Filing a Authority: 42.U.S.C. 7401 et seq.
implications as specified by Executive petition for reconsideration by the
Order 13175 (65 FR 67249, November 9, Administrator of this final rule does not Subpart RR—Tennessee
2000), nor will it impose substantial affect the finality of this action for the
direct costs on tribal governments or purposes of judicial review nor does it ■ 2. In § 52.2220, table 1 in paragraph
preempt tribal law. extend the time within which a petition (c) is amended by revising the entry for
The Congressional Review Act, 5 for judicial review may be filed, and ‘‘Section 1200–3–20–.04’’ to read as
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of follows:
Business Regulatory Enforcement such rule or action. This action may not § 52.2220 Identification of plan.
Fairness Act of 1996, generally provides be challenged later in proceedings to
that before a rule may take effect, the enforce its requirements. See section * * * * *
agency promulgating the rule must 307(b)(2). (c) * * *
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date

* * * * * * *

Chapter 1200–3–20 Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns

* * * * * * *
Section 1200–3–20–.04 .......... Logs and reports .................... 6/19/2013 9/29/2016, [Insert Federal
Register citation].

* * * * * * *

* * * * * SUMMARY: This rule identifies a (CSB). The CSB is available at http://
[FR Doc. 2016–23302 Filed 9–28–16; 8:45 am] community where the sale of flood www.fema.gov/national-flood-program-
BILLING CODE 6560–50–P insurance has been authorized under community-status-book.
the National Flood Insurance Program DATES: The effective date of the
(NFIP) that is scheduled for suspension community’s scheduled suspension is
DEPARTMENT OF HOMELAND on the effective date listed within this the third date (‘‘Susp.’’) listed in the
SECURITY rule because of noncompliance with the third column of the following tables.
floodplain management requirements of
the program. If the Federal Emergency FOR FURTHER INFORMATION CONTACT: If
Federal Emergency Management
Management Agency (FEMA) receives you want to determine whether a
Agency
documentation that the community has particular community was suspended
adopted the required floodplain on the suspension date or for further
44 CFR Part 64
management measures prior to the information, contact Patricia Suber,
[Docket ID FEMA–2016–0002; Internal effective suspension date given in this Federal Insurance and Mitigation
Administration, Federal Emergency
mstockstill on DSK3G9T082PROD with RULES

Agency Docket No. FEMA–9999] rule, the suspension will not occur and
a notice of this will be provided by Management Agency, 400 C Street SW.,
Suspension of Community Eligibility publication in the Federal Register on a Washington, DC 20472, (202) 646–4149.
AGENCY: Federal Emergency subsequent date. Also, information SUPPLEMENTARY INFORMATION: The NFIP
Management Agency, DHS. identifying the current participation enables property owners to purchase
status of a community can be obtained Federal flood insurance that is not
ACTION: Final rule.
from FEMA’s Community Status Book otherwise generally available from

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66830 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

private insurers. In return, communities SFHAs for communities not listed no longer comply with the
agree to adopt and administer local participating in the NFIP and identified statutory requirements, and after the
floodplain management measures aimed for more than a year on FEMA’s initial effective date, flood insurance will no
at protecting lives and new construction FIRM for the community as having longer be available in the community
from future flooding. Section 1315 of flood-prone areas (section 202(a) of the unless remedial action takes place.
the National Flood Insurance Act of Flood Disaster Protection Act of 1973, Regulatory Classification. This final
1968, as amended, 42 U.S.C. 4022, 42 U.S.C. 4106(a), as amended). This rule is not a significant regulatory action
prohibits the sale of NFIP flood prohibition against certain types of under the criteria of section 3(f) of
insurance unless an appropriate public Federal assistance becomes effective for Executive Order 12866 of September 30,
body adopts adequate floodplain the community listed on the date shown 1993, Regulatory Planning and Review,
management measures with effective in the last column. The Administrator 58 FR 51735.
enforcement measures. The community finds that notice and public comment Executive Order 13132, Federalism.
listed in this document no longer meet procedures under 5 U.S.C. 553(b), are This rule involves no policies that have
that statutory requirement for impracticable and unnecessary because federalism implications under Executive
compliance with program regulations, the community listed in this final rule Order 13132.
44 CFR part 59. Accordingly, the has been adequately notified. In
Executive Order 12988, Civil Justice
community will be suspended on the accordance with 44 CFR 59.24(d), the
Reform. This rule meets the applicable
effective date in the third column. As of community received a 30-day
standards of Executive Order 12988.
that date, flood insurance will no longer notification letter addressed to the Chief
be available in the community. We Executive Officer stating that the Paperwork Reduction Act. This rule
recognize that this community may community will be suspended unless does not involve any collection of
adopt and submit the required the required floodplain management information for purposes of the
documentation of legally enforceable measures are met prior to the effective Paperwork Reduction Act, 44 U.S.C.
floodplain management measures after suspension date. Since these 3501 et seq.
this rule is published but prior to the notifications were made, this final rule List of Subjects in 44 CFR Part 64
actual suspension date. This community may take effect within less than 30 days.
will not be suspended and will continue National Environmental Policy Act. Flood insurance, Floodplains.
to be eligible for the sale of NFIP flood This rule is categorically excluded per Accordingly, 44 CFR part 64 is
insurance. A notice withdrawing the the requirements of FEMA Instruction amended as follows:
suspension of such communities will be 108–1–1 and DHS Instruction 023–01–
published in the Federal Register. 001–01. No environmental impact PART 64—[AMENDED]
In addition, FEMA published a Flood assessment has been prepared.
Insurance Rate Map (FIRM) that Regulatory Flexibility Act. The ■ 1. The authority citation for part 64
identifies the Special Flood Hazard Administrator has determined that this continues to read as follows:
Areas (SFHAs) in this community. The rule is exempt from the requirements of Authority: 42 U.S.C. 4001 et seq.;
date of the FIRM is indicated in the the Regulatory Flexibility Act because Reorganization Plan No. 3 of 1978, 3 CFR,
fourth column of the table. No direct the National Flood Insurance Act of 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Federal financial assistance (except 1968, as amended, Section 1315, 42 3 CFR, 1979 Comp.; p. 376.
assistance pursuant to the Robert T. U.S.C. 4022, prohibits flood insurance
§ 64.6 [Amended]
Stafford Disaster Relief and Emergency coverage unless an appropriate public
Assistance Act not in connection with a body adopts adequate floodplain ■ 2. The tables published under the
flood) may be provided for construction management measures with effective authority of § 64.6 are amended as
or acquisition of buildings in identified enforcement measures. The community follows:

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

Region III
Virginia: Louisa County, Unincorporated 510092 March 1, 1972; Emergency; June 1, November 5, 1997. October 31, 2016.
Areas. 1989; Reg; October 31, 2016; Susp.

(Catalog of Federal Domestic Assistance No. FEDERAL COMMUNICATIONS ACTION: Final rule.
83.100, ‘‘Flood Insurance.’’) COMMISSION
Dated: September 16, 2016. SUMMARY: In this Order on
47 CFR Parts 2 and 90 Reconsideration, the Federal
Michael M. Grimm,
Assistant Administrator for Mitigation,
Communications Commission
Federal Insurance Mitigation Administration,
[PS Docket No. 13–87; PS Docket No. 06– (Commission) provides more flexibility
229, WT Docket No. 96–86, RM–11433 and to radio equipment manufacturers
Department of Homeland Security, Federal
RM- 11577, FCC 16–111]
mstockstill on DSK3G9T082PROD with RULES

Emergency Management Agency. interested in the marketing and sale of
[FR Doc. 2016–23459 Filed 9–28–16; 8:45 am] Service Rules Governing Narrowband 700 MHz equipment to public safety
BILLING CODE 9110–12–P Operations in the 769–775/799–805 agencies by revising the Commission’s
MHz Bands rules and providing more time for
interoperability testing of equipment
AGENCY:Federal Communications designed to operate on the 700 MHz
Commission. narrowband interoperability channels.

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Document Created: 2016-09-29 04:14:28
Document Modified: 2016-09-29 04:14:28

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 the 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 66829
CFR Associated		Flood Insurance and Floodplains

81 FR 66829 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 81, Issue 189 (September 29, 2016)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency