81_FR_87703 81 FR 87470 - Suspension of Community Eligibility

81 FR 87470 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 233 (December 5, 2016)

Page Range87470-87472
FR Document2016-29036

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 https:// www.fema.gov/national-flood-insurance-program-community-status-book.

Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016)
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Rules and Regulations]
[Pages 87470-87472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29036]


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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-8457]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP) that are scheduled for suspension on the effective dates 
listed within this rule because of noncompliance with the floodplain 
management requirements of the program. If the Federal Emergency 
Management Agency (FEMA) receives documentation that the community has 
adopted the required floodplain management measures prior to the 
effective suspension date given in this rule, the suspension will not 
occur and a notice of this will be provided by publication in the 
Federal Register on a subsequent date. Also, information identifying 
the current participation status of a community can be obtained from 
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

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

[[Page 87471]]

of these communities may adopt and submit the required documentation of 
legally enforceable floodplain management measures after this rule is 
published but prior to the actual suspension date. These communities 
will not be suspended and will continue to be eligible for the sale of 
NFIP flood insurance. A notice withdrawing the suspension of such 
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that 
identifies the Special Flood Hazard Areas (SFHAs) in these communities. 
The date of the FIRM, if one has been published, is indicated in the 
fourth column of the table. No direct Federal financial assistance 
(except assistance pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act not in connection with a flood) may be 
provided for construction or acquisition of buildings in identified 
SFHAs for communities not participating in the NFIP and identified for 
more than a year on FEMA's initial FIRM for the community as having 
flood-prone areas (section 202(a) of the Flood Disaster Protection Act 
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against 
certain types of Federal assistance becomes effective for the 
communities listed on the date shown in the last column. The 
Administrator finds that notice and public comment procedures under 5 
U.S.C. 553(b), are impracticable and unnecessary because communities 
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. FEMA has determined that the 
community suspension(s) included in this rule is a non-discretionary 
action and therefore the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) does not apply.
    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/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region IV
 
Georgia: Monroe, City of,             130227  March 26, 1975,     Dec. 8, 2016..........  Dec. 8, 2016
 Walton County.                                Emerg; February
                                               16, 1990, Reg;
                                               December 8, 2016,
                                               Susp.
 
           Region V
 
Indiana: Brown County,                185174  October 22, 1971,   ......do *............   Do.
 Unincorporated Areas.                         Emerg; April 13,
                                               1973, Reg;
                                               December 8, 2016,
                                               Susp.
    Nashville, Town of, Brown         180018  October 22, 1971,   ......do..............   Do.
     County.                                   Emerg; January
                                               24, 1976, Reg;
                                               December 8, 2016,
                                               Susp.
Wisconsin: Boaz, Village of,          550357  November 28, 1975,  ......do..............   Do.
 Richland County.                              Emerg; September
                                               6, 1989, Reg;
                                               December 8, 2016,
                                               Susp.
    Lone Rock, Village of,            550359  July 7, 1975,       ......do..............   Do.
     Richland County.                          Emerg; September
                                               29, 1986, Reg;
                                               December 8, 2016,
                                               Susp.
    Richland Center, City of,         555576  March 19, 1971,     ......do..............   Do.
     Richland County.                          Emerg; June 1,
                                               1973, Reg;
                                               December 8, 2016,
                                               Susp.
    Richland County,                  550356  June 16, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               27, 1991, Reg;
                                               December 8, 2016,
                                               Susp.
    Viola, Village of,                550460  December 5, 1974,   ......do..............   Do.
     Richland and Vernon                       Emerg; June 4,
     Counties.                                 1990, Reg;
                                               December 8, 2016,
                                               Susp.
    Yuba, Village of, Richland        550362  August 25, 1975,    ......do..............   Do.
     County.                                   Emerg; July 1,
                                               1987, Reg;
                                               December 8, 2016,
                                               Susp.
 
           Region X
 
Oregon: Albany, City of, Linn         410137  July 2, 1974,       ......do..............   Do.
 and Benton Counties.                          Emerg; April 3,
                                               1985, Reg;
                                               December 8, 2016,
                                               Susp.
    Benton County,                    410008  April 18, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               1986, Reg;
                                               December 8, 2016,
                                               Susp.

[[Page 87472]]

 
    Linn County,                      410136  April 9, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1986, Reg;
                                               December 8, 2016,
                                               Susp.
    Millersburg, City of, Linn        410284  July 21, 1982,      ......do..............   Do.
     County.                                   Emerg; July 21,
                                               1982, Reg;
                                               December 8, 2016,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: November 21, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2016-29036 Filed 12-2-16; 8:45 am]
 BILLING CODE 9110-12-P



                                              87470              Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations

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

                                                   Bel Aire, City of, Sedgwick County .......                 200864      February 15, 1985, Emerg; March 15, 1987,        ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Belle Plaine, City of, Sumner County ....                  200466      July 25, 1975, Emerg; July 17, 1978, Reg;        ......do ...............      Do.
                                                                                                                            December 22, 2016, Susp.
                                                   Bentley, City of, Sedgwick County ........                 200390      N/A, Emerg; August 12, 2009, Reg; Decem-         ......do ...............      Do.
                                                                                                                            ber 22, 2016, Susp.
                                                   Cheney, City of, Sedgwick County ........                  200478      N/A, Emerg; November 30, 2005, Reg; De-          ......do ...............      Do.
                                                                                                                            cember 22, 2016, Susp.
                                                   Clearwater, City of, Sedgwick County ...                   200482      March 29, 1976, Emerg; August 15, 1980,          ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Colwich, City of, Sedgwick County .......                  200484      January 14, 1976, Emerg; July 11, 1978,          ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Derby, City of, Sedgwick County ..........                 200323      January 17, 1975, Emerg; October 15,             ......do ...............      Do.
                                                                                                                            1981, Reg; December 22, 2016, Susp.
                                                   Garden Plain, City of, Sedgwick County                     200498      October 28, 1976, Emerg; September 18,           ......do ...............      Do.
                                                                                                                            1985, Reg; December 22, 2016, Susp.
                                                   Kechi, City of, Sedgwick County ...........                200429      August 3, 1979, Emerg; August 15, 1980,          ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Maize, City of, Sedgwick County ..........                 200520      N/A, Emerg; December 24, 2002, Reg; De-          ......do ...............      Do.
                                                                                                                            cember 22, 2016, Susp.
                                                   Mount Hope, City of, Sedgwick County                       200325      August 26, 1975, Emerg; June 27, 1978,           ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Park City, City of, Sedgwick County .....                  200963      May 28, 1982, Emerg; November 19, 1986,          ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Valley Center, City of, Sedgwick County                    200327      May 29, 1975, Emerg; January 14, 1977,           ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                   Wichita, City of, Sedgwick County ........                 200328      March 24, 1972, Emerg; May 15, 1986,             ......do ...............      Do.
                                                                                                                            Reg; December 22, 2016, Susp.
                                                            Region IX
                                              Nevada: Carson City, City of, Independent                       320001      August 6, 1975, Emerg; March 4, 1986,            ......do ...............      Do.
                                                City.                                                                       Reg; December 22, 2016, Susp.
                                                 *-do- = Ditto.
                                                 Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                                Dated: November 21, 2016.                               (NFIP) that are scheduled for                          information, contact Patricia Suber,
                                              Michael M. Grimm,                                         suspension on the effective dates listed               Federal Insurance and Mitigation
                                              Assistant Administrator for Mitigation,                   within this rule because of                            Administration, Federal Emergency
                                              Federal Insurance and Mitigation                          noncompliance with the floodplain                      Management Agency, 400 C Street SW.,
                                              Administration, Department of Homeland                    management requirements of the                         Washington, DC 20472, (202) 646–4149.
                                              Security, Federal Emergency Management                    program. If the Federal Emergency
                                              Agency.                                                                                                          SUPPLEMENTARY INFORMATION:     The NFIP
                                                                                                        Management Agency (FEMA) receives                      enables property owners to purchase
                                              [FR Doc. 2016–29033 Filed 12–2–16; 8:45 am]               documentation that the community has                   Federal flood insurance that is not
                                              BILLING CODE 9110–12–P                                    adopted the required floodplain                        otherwise generally available from
                                                                                                        management measures prior to the                       private insurers. In return, communities
                                                                                                        effective suspension date given in this                agree to adopt and administer local
                                              DEPARTMENT OF HOMELAND                                    rule, the suspension will not occur and
                                              SECURITY                                                                                                         floodplain management measures aimed
                                                                                                        a notice of this will be provided by                   at protecting lives and new construction
                                                                                                        publication in the Federal Register on a               from future flooding. Section 1315 of
                                              Federal Emergency Management
                                                                                                        subsequent date. Also, information                     the National Flood Insurance Act of
                                              Agency
                                                                                                        identifying the current participation                  1968, as amended, 42 U.S.C. 4022,
                                                                                                        status of a community can be obtained                  prohibits the sale of NFIP flood
                                              44 CFR Part 64
                                                                                                        from FEMA’s Community Status Book                      insurance unless an appropriate public
                                              [Docket ID FEMA–2016–0002; Internal                       (CSB). The CSB is available at https://                body adopts adequate floodplain
                                              Agency Docket No. FEMA–8457]                              www.fema.gov/national-flood-                           management measures with effective
                                                                                                        insurance-program-community-status-                    enforcement measures. The
                                              Suspension of Community Eligibility                       book.                                                  communities listed in this document no
                                              AGENCY:  Federal Emergency                                DATES: The effective date of each                      longer meet that statutory requirement
sradovich on DSK3GMQ082PROD with RULES




                                              Management Agency, DHS.                                   community’s scheduled suspension is                    for compliance with program
                                              ACTION: Final rule.
                                                                                                        the third date (‘‘Susp.’’) listed in the               regulations, 44 CFR part 59.
                                                                                                        third column of the following tables.                  Accordingly, the communities will be
                                              SUMMARY:  This rule identifies                            FOR FURTHER INFORMATION CONTACT: If                    suspended on the effective date in the
                                              communities where the sale of flood                       you want to determine whether a                        third column. As of that date, flood
                                              insurance has been authorized under                       particular community was suspended                     insurance will no longer be available in
                                              the National Flood Insurance Program                      on the suspension date or for further                  the community. We recognize that some


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                                                                 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations                                                         87471

                                              of these communities may adopt and                        U.S.C. 553(b), are impracticable and                     Regulatory Classification. This final
                                              submit the required documentation of                      unnecessary because communities listed                 rule is not a significant regulatory action
                                              legally enforceable floodplain                            in this final rule have been adequately                under the criteria of section 3(f) of
                                              management measures after this rule is                    notified.                                              Executive Order 12866 of September 30,
                                              published but prior to the actual                            Each community receives 6-month,                    1993, Regulatory Planning and Review,
                                              suspension date. These communities                        90-day, and 30-day notification letters                58 FR 51735.
                                              will not be suspended and will continue                   addressed to the Chief Executive Officer                 Executive Order 13132, Federalism.
                                              to be eligible for the sale of NFIP flood                 stating that the community will be                     This rule involves no policies that have
                                              insurance. A notice withdrawing the                       suspended unless the required                          federalism implications under Executive
                                              suspension of such communities will be                    floodplain management measures are                     Order 13132.
                                              published in the Federal Register.                        met prior to the effective suspension                    Executive Order 12988, Civil Justice
                                                                                                        date. Since these notifications were                   Reform. This rule meets the applicable
                                                 In addition, FEMA publishes a Flood                    made, this final rule may take effect
                                              Insurance Rate Map (FIRM) that                                                                                   standards of Executive Order 12988.
                                                                                                        within less than 30 days.
                                              identifies the Special Flood Hazard                          National Environmental Policy Act.                    Paperwork Reduction Act. This rule
                                              Areas (SFHAs) in these communities.                       FEMA has determined that the                           does not involve any collection of
                                              The date of the FIRM, if one has been                     community suspension(s) included in                    information for purposes of the
                                              published, is indicated in the fourth                     this rule is a non-discretionary action                Paperwork Reduction Act, 44 U.S.C.
                                              column of the table. No direct Federal                    and therefore the National                             3501 et seq.
                                              financial assistance (except assistance                   Environmental Policy Act of 1969 (42                   List of Subjects in 44 CFR Part 64
                                              pursuant to the Robert T. Stafford                        U.S.C. 4321 et seq.) does not apply.
                                              Disaster Relief and Emergency                                Regulatory Flexibility Act. The                       Flood insurance, Floodplains.
                                              Assistance Act not in connection with a                   Administrator has determined that this                   Accordingly, 44 CFR part 64 is
                                              flood) may be provided for construction                   rule is exempt from the requirements of                amended as follows:
                                              or acquisition of buildings in identified                 the Regulatory Flexibility Act because
                                              SFHAs for communities not                                 the National Flood Insurance Act of                    PART 64—[AMENDED]
                                              participating in the NFIP and identified                  1968, as amended, Section 1315, 42
                                              for more than a year on FEMA’s initial                    U.S.C. 4022, prohibits flood insurance                 ■ 1. The authority citation for part 64
                                              FIRM for the community as having                          coverage unless an appropriate public                  continues to read as follows:
                                              flood-prone areas (section 202(a) of the                  body adopts adequate floodplain                          Authority: 42 U.S.C. 4001 et seq.;
                                              Flood Disaster Protection Act of 1973,                    management measures with effective                     Reorganization Plan No. 3 of 1978, 3 CFR,
                                              42 U.S.C. 4106(a), as amended). This                      enforcement measures. The                              1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
                                              prohibition against certain types of                      communities listed no longer comply                    3 CFR, 1979 Comp.; p. 376.
                                              Federal assistance becomes effective for                  with the statutory requirements, and
                                                                                                                                                               § 64.6    [Amended]
                                              the communities listed on the date                        after the effective date, flood insurance
                                              shown in the last column. The                             will no longer be available in the                     ■ 2. The tables published under the
                                              Administrator finds that notice and                       communities unless remedial action                     authority of § 64.6 are amended as
                                              public comment procedures under 5                         takes place.                                           follows:

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

                                                             Region IV
                                              Georgia: Monroe, City of, Walton County ....                    130227      March 26, 1975, Emerg; February 16, 1990,        Dec. 8, 2016 .....         Dec. 8, 2016
                                                                                                                           Reg; December 8, 2016, Susp.
                                                                Region V
                                              Indiana: Brown County, Unincorporated                           185174      October 22, 1971, Emerg; April 13, 1973,         ......do * .............       Do.
                                                Areas.                                                                      Reg; December 8, 2016, Susp.
                                                   Nashville, Town of, Brown County ........                  180018      October 22, 1971, Emerg; January 24,             ......do ...............       Do.
                                                                                                                            1976, Reg; December 8, 2016, Susp.
                                              Wisconsin: Boaz, Village of, Richland Coun-                     550357      November 28, 1975, Emerg; September 6,           ......do ...............       Do.
                                               ty.                                                                          1989, Reg; December 8, 2016, Susp.
                                                  Lone Rock, Village of, Richland County                      550359      July 7, 1975, Emerg; September 29, 1986,         ......do ...............       Do.
                                                                                                                            Reg; December 8, 2016, Susp.
                                                   Richland Center, City of, Richland                         555576      March 19, 1971, Emerg; June 1, 1973,             ......do ...............       Do.
                                                     County.                                                                Reg; December 8, 2016, Susp.
                                                   Richland County, Unincorporated Areas                      550356      June 16, 1975, Emerg; September 27,              ......do ...............       Do.
                                                                                                                            1991, Reg; December 8, 2016, Susp.
                                                   Viola, Village of, Richland and Vernon                     550460      December 5, 1974, Emerg; June 4, 1990,           ......do ...............       Do.
                                                     Counties.                                                              Reg; December 8, 2016, Susp.
sradovich on DSK3GMQ082PROD with RULES




                                                   Yuba, Village of, Richland County ........                 550362      August 25, 1975, Emerg; July 1, 1987, Reg;       ......do ...............       Do.
                                                                                                                            December 8, 2016, Susp.
                                                             Region X
                                              Oregon: Albany, City of, Linn and Benton                        410137      July 2, 1974, Emerg; April 3, 1985, Reg;         ......do ...............       Do.
                                                Counties.                                                                   December 8, 2016, Susp.
                                                  Benton County, Unincorporated Areas                         410008      April 18, 1974, Emerg; August 5, 1986,           ......do ...............       Do.
                                                                                                                            Reg; December 8, 2016, Susp.



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                                              87472              Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations

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

                                                   Linn County, Unincorporated Areas ......                   410136      April 9, 1974, Emerg; September 29, 1986,        ......do ...............      Do.
                                                                                                                            Reg; December 8, 2016, Susp.
                                                   Millersburg, City of, Linn County ...........              410284      July 21, 1982, Emerg; July 21, 1982, Reg;        ......do ...............      Do.
                                                                                                                            December 8, 2016, Susp.
                                                 * do = Ditto.
                                                 Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                                Dated: November 21, 2016.                               problems, to hear from rail industry                      CTCO) filed the first set of weekly
                                              Michael M. Grimm,                                         executives on plans to address rail                       reports in response to the Interim Data
                                              Assistant Administrator for Mitigation,                   service problems, and to explore options                  Order. As requested by the Board, each
                                              Federal Insurance and Mitigation                          to improve service. During and after                      carrier provided an explanation of its
                                              Administration, Department of Homeland                    these hearings, parties expressed                         methodology for deriving performance
                                              Security, Federal Emergency Management                    concerns about the lack of publicly                       data in response to each request.
                                              Agency.                                                   available information related to rail                     Generally, the reports corresponded to
                                              [FR Doc. 2016–29036 Filed 12–2–16; 8:45 am]               service and requested access to                           the elements of the Interim Data Order;
                                              BILLING CODE 9110–12–P                                    performance data from the railroads to                    however, some railroads approach
                                                                                                        better understand the scope, magnitude,                   individual requests differently, leading
                                                                                                        and impact of the service issues,1 as                     to variations in the reported data. The
                                              SURFACE TRANSPORTATION BOARD                              well as the underlying causes and the                     different approaches are due primarily
                                                                                                        prospects for recovery.                                   to the railroads’ disparate data-keeping
                                              49 CFR Part 1250                                             Based on these concerns and to better                  systems, different railroad operating
                                                                                                        understand railroad operating                             practices, and/or unintended
                                              [Docket No. EP 724 (Sub-No. 4)]
                                                                                                        conditions, the Board issued an order on                  ambiguities in certain requests. Certain
                                              United States Rail Service Issues—                        October 8, 2014, requiring all Class I                    railroads have also departed from the
                                              Performance Data Reporting                                railroads and the Class I railroad                        Board’s prescribed reporting in order to
                                                                                                        members of the CTCO to file weekly                        maintain consistency with their own
                                              AGENCY:    Surface Transportation Board.                  reports containing specific service                       weekly data runs and analyses.
                                              ACTION:   Final rule.                                     performance data. See U.S. Rail Serv.                        The weekly filings have allowed the
                                                                                                        Issues—Data Collection (Interim Data                      Board and its stakeholders to monitor
                                              SUMMARY:    The Surface Transportation                    Order), EP 724 (Sub-No. 3) (STB served                    the industry’s performance and have
                                              Board (STB or Board) is adopting a final                  Oct. 8, 2014).2 Railroads were asked to                   allowed the Board to develop baseline
                                              rule to establish new regulations                         report weekly average train speeds,                       data. Based on the Board’s experience
                                              requiring all Class I railroads and the                   weekly average terminal dwell times,                      with the reporting to date, and as
                                              Chicago Transportation Coordination                       weekly average cars online, number of                     expressly contemplated in the Interim
                                              Office (CTCO), through its Class I                        trains held short of destination, and                     Data Order, the Board proposed new
                                              members, to report certain service                        loading metrics for grain and coal                        regulations for permanent reporting by
                                              performance metrics on a weekly,                          service, among other information. The                     the members of the Class I railroad
                                              semiannual, and occasional basis.                         data were intended to give both the                       industry and the CTCO, through its
                                              DATES: This rule is effective on January                  Board and its stakeholders access to                      Class I members. See U.S. Rail Serv.
                                              29, 2017. The initial reporting date will                 current information about the                             Issues—Performance Data Reporting
                                              be February 8, 2017.                                      operations and performance of the Class                   (NPR), EP 724 (Sub-No. 4) (STB served
                                                                                                        I railroads and the fluidity of the                       Dec. 30, 2014).
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                        Chicago gateway. In addition, the data                       The proposed reporting requirements
                                              Sarah Fancher at (202) 245–0355.                                                                                    in the NPR included many of the
                                              Assistance for the hearing impaired is                    were expected to assist rail shippers in
                                                                                                                                                                  requests contained in the Interim Data
                                              available through the Federal                             making logistics decisions, planning
                                                                                                                                                                  Order. The NPR proposed nine weekly
                                              Information Relay Service (FIRS) at                       operations and production, and
                                                                                                                                                                  metrics that would apply to Class I
                                              (800) 877–8339.                                           mitigating potential losses.
                                                                                                           On October 22, 2014, the Class I                       railroads: (1) System average train
                                              SUPPLEMENTARY INFORMATION: The Board                                                                                speed; (2) weekly average terminal
                                                                                                        railroads and the Association of
                                              initiated this rulemaking proceeding in                                                                             dwell time; (3) weekly average cars
                                                                                                        American Railroads (on behalf of the
                                              response to the service problems that                                                                               online; (4) weekly average dwell time at
                                              began to emerge in the railroad industry                     1 See generally National Grain and Feed                origin and interchange; (5) weekly total
                                              in late 2013. Those service problems                      Association Letter, U.S. Rail Serv. Issues, EP 724        number of loaded and empty trains held
                                              affected the transportation of a wide                     (filed May 6, 2014); Western Coal Traffic League          short of destination or scheduled
                                              range of commodities, including grain,                    Letter, U.S. Rail Serv. Issues, EP 724 (filed Apr. 17,    interchange; (6) daily average number of
                                              fertilizer, ethanol, coal, automobiles,                   2014); Apr. Hr’g Tr. 154–155, U.S. Rail Serv. Issues,
                                                                                                                                                                  loaded and empty cars operating in
sradovich on DSK3GMQ082PROD with RULES




                                                                                                        EP 724 (Apr. 10, 2014); Western Coal Traffic League
                                              chemicals, propane, consumer goods,                       Statement 5–6, U.S. Rail Serv. Issues, EP 724 (filed      normal movement which have not
                                              crude oil, and industrial commodities.                    Sept. 5, 2014); Sept. Hr’g Tr. 48, 290, U.S. Rail Serv.   moved in specified periods of time; (7)
                                                 In response to the service challenges,                 Issues, EP 724 (Sept. 4, 2014).                           weekly total number of grain cars
                                                                                                           2 On motion of Canadian Pacific Railway
                                              the Board held two public hearings, in                                                                              loaded and billed, by state; (8) for grain
                                                                                                        Company, the Board modified the Interim Data
                                              April 2014 in Washington, DC, and in                      Order by decision served on February 23, 2016, to
                                                                                                                                                                  cars, the total overdue car orders,
                                              September 2014 in Fargo, ND, to allow                     allow it to discontinue reporting data related to the     average days late, total new grain car
                                              interested persons to report on service                   Rapid City, Pierre & Eastern Railroad, Inc.               orders in the past week, total orders


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Document Created: 2016-12-03 00:25:57
Document Modified: 2016-12-03 00:25:57
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.
DatesThe effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables.
ContactIf 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 Citation81 FR 87470 
CFR AssociatedFlood Insurance and Floodplains

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