82 FR 18088 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 82, Issue 72 (April 17, 2017)
Federal Emergency Management Agency
Federal Register Volume 82, Issue 72 (April 17, 2017)
| Page Range | 18088-18089 | |
| FR Document | 2017-07612 |
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)] [Rules and Regulations] [Pages 18088-18089] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07612] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-8469] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: On March 13, 2017, FEMA published in the Federal Register a suspension of community eligibility final rule that contained an erroneous table. This final rule provides corrections to that table, to be used in lieu of the information published at 82 FR 13399. The table provided here represents the communities that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. 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. 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. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. Correction In the suspension of community eligibility final rule published at 82 FR 13399 in the March 13, 2017 issue of the Federal Register, FEMA published a table titled Suspension of Community Eligibility Internal Agency Docket No. FEMA-8469. This table contained inaccurate information as to the date the communities were to be suspended featured in the table. The Cities of Lakewood and Ruston, Pierce County, Washington, remain eligible for suspension. The other communities listed in the incorrect table came into compliance and thus were not suspended. In this document, FEMA is publishing a table containing the accurate information. The information provided below should be used in lieu of that previously published. 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. 0 Accordingly, 44 CFR part 64 is amended as follows: [[Page 18089]] 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 X Washington: Lakewood, City of, Pierce 530333 N/A, Emerg; March 7, 2017......... March 7, 2017. County. November 28, 1997, Reg; March 7, 2017, Susp. Ruston, City of, Pierce 530300 N/A, Emerg; ......do.............. Do. County. December 3, 2008, Reg; March 7, 2017, Susp. ---------------------------------------------------------------------------------------------------------------- *-do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: April 10, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2017-07612 Filed 4-14-17; 8:45 am] BILLING CODE 9110-12-P
![18088 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Rules and Regulations
Dated: April 12, 2017. the National Flood Insurance Act of Correction
C.J. Bisignano, 1968, as amended, 42 U.S.C. 4022, In the suspension of community
Supervisory Bridge Management Specialist, prohibits the sale of NFIP flood eligibility final rule published at 82 FR
First Coast Guard District. insurance unless an appropriate public 13399 in the March 13, 2017 issue of the
[FR Doc. 2017–07668 Filed 4–14–17; 8:45 am] body adopts adequate floodplain Federal Register, FEMA published a
BILLING CODE 9110–04–P management measures with effective table titled Suspension of Community
enforcement measures. The Eligibility Internal Agency Docket No.
communities listed in this document no FEMA–8469. This table contained
DEPARTMENT OF HOMELAND longer meet that statutory requirement inaccurate information as to the date the
SECURITY for compliance with program communities were to be suspended
regulations, 44 CFR part 59. featured in the table. The Cities of
Federal Emergency Management Accordingly, the communities will be Lakewood and Ruston, Pierce County,
Agency suspended on the effective date in the Washington, remain eligible for
third column. As of that date, flood suspension. The other communities
44 CFR Part 64 insurance will no longer be available in listed in the incorrect table came into
[Docket ID FEMA–2017–0002; Internal the community. We recognize that some compliance and thus were not
Agency Docket No. FEMA–B–8469] of these communities may adopt and suspended. In this document, FEMA is
submit the required documentation of publishing a table containing the
Suspension of Community Eligibility legally enforceable floodplain accurate information. The information
management measures after this rule is provided below should be used in lieu
AGENCY: Federal Emergency published but prior to the actual
Management Agency, DHS. of that previously published.
suspension date. These communities National Environmental Policy Act.
ACTION: Final rule; correction. will not be suspended and will continue FEMA has determined that the
SUMMARY: On March 13, 2017, FEMA to be eligible for the sale of NFIP flood community suspension(s) included in
published in the Federal Register a insurance. A notice withdrawing the this rule is a non-discretionary action
suspension of community eligibility suspension of such communities will be and therefore the National
final rule that contained an erroneous published in the Federal Register. Environmental Policy Act of 1969 (42
table. This final rule provides In addition, FEMA publishes a Flood U.S.C. 4321 et seq.) does not apply.
corrections to that table, to be used in Insurance Rate Map (FIRM) that Regulatory Flexibility Act. The
lieu of the information published at 82 identifies the Special Flood Hazard Administrator has determined that this
FR 13399. The table provided here Areas (SFHAs) in these communities. rule is exempt from the requirements of
represents the communities that are The date of the FIRM, if one has been the Regulatory Flexibility Act because
scheduled for suspension on the published, is indicated in the fourth the National Flood Insurance Act of
effective dates listed within this rule column of the table. No direct Federal 1968, as amended, Section 1315, 42
because of noncompliance with the financial assistance (except assistance U.S.C. 4022, prohibits flood insurance
floodplain management requirements of pursuant to the Robert T. Stafford coverage unless an appropriate public
the program. Disaster Relief and Emergency body adopts adequate floodplain
Assistance Act not in connection with a management measures with effective
DATES: The effective date of each
flood) may be provided for construction enforcement measures. The
community’s scheduled suspension is
or acquisition of buildings in identified communities listed no longer comply
the third date (‘‘Susp.’’) listed in the
SFHAs for communities not with the statutory requirements, and
third column of the following tables.
participating in the NFIP and identified after the effective date, flood insurance
FOR FURTHER INFORMATION CONTACT: If
will no longer be available in the
you want to determine whether a for more than a year on FEMA’s initial
communities unless remedial action
particular community was suspended FIRM for the community as having
takes place.
on the suspension date or for further flood-prone areas (section 202(a) of the
Regulatory Classification. This final
information, contact Patricia Suber, Flood Disaster Protection Act of 1973,
rule is not a significant regulatory action
Federal Insurance and Mitigation 42 U.S.C. 4106(a), as amended). This
under the criteria of section 3(f) of
Administration, Federal Emergency prohibition against certain types of
Executive Order 12866 of September 30,
Management Agency, 400 C Street SW., Federal assistance becomes effective for
1993, Regulatory Planning and Review,
Washington, DC 20472, (202) 646–4149. the communities listed on the date 58 FR 51735.
Also, information identifying the shown in the last column. The Executive Order 13132, Federalism.
current participation status of a Administrator finds that notice and This rule involves no policies that have
community can be obtained from public comment procedures under 5 federalism implications under Executive
FEMA’s Community Status Book (CSB). U.S.C. 553(b), are impracticable and Order 13132.
The CSB is available at https:// unnecessary because communities listed Executive Order 12988, Civil Justice
www.fema.gov/national-flood- in this final rule have been adequately Reform. This rule meets the applicable
insurance-program-community-status- notified. standards of Executive Order 12988.
book. Each community receives 6-month, Paperwork Reduction Act. This rule
SUPPLEMENTARY INFORMATION: The NFIP 90-day, and 30-day notification letters does not involve any collection of
enables property owners to purchase addressed to the Chief Executive Officer information for purposes of the
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Federal flood insurance that is not stating that the community will be Paperwork Reduction Act, 44 U.S.C.
otherwise generally available from suspended unless the required 3501 et seq.
private insurers. In return, communities floodplain management measures are
List of Subjects in 44 CFR Part 64
agree to adopt and administer local met prior to the effective suspension
floodplain management measures aimed date. Since these notifications were Flood insurance, Floodplains.
at protecting lives and new construction made, this final rule may take effect ■Accordingly, 44 CFR part 64 is
from future flooding. Section 1315 of within less than 30 days. amended as follows:
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![Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Rules and Regulations 18089
PART 64—[AMENDED] Authority: 42 U.S.C. 4001 et seq., § 64.6 [Amended]
Reorganization Plan No. 3 of 1978, 3 CFR, ■ 2. The tables published under the
■ 1. The authority citation for part 64 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, authority of § 64.6 are amended as
continues to read as follows: 3 CFR, 1979 Comp.; p. 376. follows:
Date certain
Effective date authorization/ Federal assist-
Community Current effective
State and location cancellation of sale of ance no longer
No. map date
flood insurance in community available
in SFHAs
Region X
Washington:
Lakewood, City of, Pierce County ......... 530333 N/A, Emerg; November 28, 1997, Reg; March 7, 2017 .. March 7, 2017.
March 7, 2017, Susp.
Ruston, City of, Pierce County .............. 530300 N/A, Emerg; December 3, 2008, Reg; ......do ............... Do.
March 7, 2017, Susp.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: April 10, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
Administration, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2017–07612 Filed 4–14–17; 8:45 am]
BILLING CODE 9110–12–P
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Document Created: 2018-08-25 11:26:31
Document Modified: 2018-08-25 11:26:31
| 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; correction. | |
| 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. 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. | |
| FR Citation | 82 FR 18088 | |
| CFR Associated | Flood Insurance and Floodplains |
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