82 FR 25739 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range		25739-25740
FR Document		2017-11485

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 82 Issue 106 (Monday, June 5, 2017)

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25739-25740]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-11485]

[[Page 25739]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8483]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

[[Page 25740]]

----------------------------------------------------------------------------------------------------------------
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 V

Indiana:
Salem, City of, Washington 180279 May 5, 1972, June 21, 2017......... June 21, 2017
County. Emerg; August
15, 1978, Reg;
June 21, 2017,
Susp.
Washington County, 180446 July 30, 1996, ......do *............ Do.
Unincorporated Areas. Emerg; N/A, Reg;
June 21, 2017,
Susp.

Region VII

Iowa:
Earlham, City of, Madison 190570 September 6, ......do.............. Do.
County. 1977, Emerg;
September 30,
1988, Reg; June
21, 2017, Susp.
Madison County, 190887 September 10, ......do.............. Do.
Unincorporated Areas. 1993, Emerg;
September 1,
1996, Reg; June
21, 2017, Susp.
Patterson, City of, Madison 190451 March 27, 1979, ......do.............. Do.
County. Emerg; January
1, 1987, Reg;
June 21, 2017,
Susp.
St. Charles, City of, 190802 August 16, 2010, ......do.............. Do.
Madison County. Emerg; October
6, 2010, Reg;
June 21, 2017,
Susp.
Winterset, City of, Madison 190944 April 24, 1992, ......do.............. Do.
County. Emerg; May 3,
1993, Reg; June
21, 2017, Susp.

Region VIII

North Dakota: Foster County, 380696 March 26, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; May 4,
1998, Reg; June
21, 2017, Susp.

Region IX

California:
Arcata, City of, Humboldt 060061 May 29, 1975, ......do.............. Do.
County. Emerg; May 2,
1983, Reg; June
21, 2017, Susp.
Eureka, City of, Humboldt 060062 June 9, 1975, ......do.............. Do.
County. Emerg; June 1,
1982 Reg; June
21, 2017, Susp.
Humboldt County, 060060 September 11, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
July 19, 1982,
Reg; June 21,
2017, Susp.
----------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: May 23, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2017-11485 Filed 6-2-17; 8:45 am]
BILLING CODE 9110-12-P

Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations 25739

DEPARTMENT OF HOMELAND the National Flood Insurance Act of date. Since these notifications were
SECURITY 1968, as amended, 42 U.S.C. 4022, made, this final rule may take effect
prohibits the sale of NFIP flood within less than 30 days.
Federal Emergency Management insurance unless an appropriate public National Environmental Policy Act.
Agency body adopts adequate floodplain FEMA has determined that the
management measures with effective community suspension(s) included in
44 CFR Part 64 enforcement measures. The this rule is a non-discretionary action
[Docket ID FEMA–2017–0002; Internal communities listed in this document no and therefore the National
Agency Docket No. FEMA–8483] longer meet that statutory requirement Environmental Policy Act of 1969 (42
for compliance with program U.S.C. 4321 et seq.) does not apply.
Suspension of Community Eligibility regulations, 44 CFR part 59. Regulatory Flexibility Act. The
Accordingly, the communities will be Administrator has determined that this
AGENCY: Federal Emergency suspended on the effective date in the rule is exempt from the requirements of
Management Agency, DHS. third column. As of that date, flood the Regulatory Flexibility Act because
ACTION: Final rule. insurance will no longer be available in the National Flood Insurance Act of
SUMMARY: This rule identifies the community. We recognize that some 1968, as amended, Section 1315, 42
communities where the sale of flood of these communities may adopt and U.S.C. 4022, prohibits flood insurance
insurance has been authorized under submit the required documentation of coverage unless an appropriate public
the National Flood Insurance Program legally enforceable floodplain body adopts adequate floodplain
(NFIP) that are scheduled for management measures after this rule is management measures with effective
suspension on the effective dates listed published but prior to the actual enforcement measures. The
within this rule because of suspension date. These communities communities listed no longer comply
noncompliance with the floodplain will not be suspended and will continue with the statutory requirements, and
management requirements of the to be eligible for the sale of NFIP flood after the effective date, flood insurance
program. If the Federal Emergency insurance. A notice withdrawing the will no longer be available in the
Management Agency (FEMA) receives suspension of such communities will be communities unless remedial action
documentation that the community has published in the Federal Register. takes place.
adopted the required floodplain In addition, FEMA publishes a Flood Regulatory Classification. This final
management measures prior to the Insurance Rate Map (FIRM) that rule is not a significant regulatory action
effective suspension date given in this identifies the Special Flood Hazard under the criteria of section 3(f) of
rule, the suspension will not occur and Areas (SFHAs) in these communities. Executive Order 12866 of September 30,
a notice of this will be provided by The date of the FIRM, if one has been 1993, Regulatory Planning and Review,
publication in the Federal Register on a published, is indicated in the fourth 58 FR 51735.
subsequent date. Also, information column of the table. No direct Federal Executive Order 13132, Federalism.
identifying the current participation financial assistance (except assistance This rule involves no policies that have
status of a community can be obtained pursuant to the Robert T. Stafford federalism implications under Executive
from FEMA’s Community Status Book Disaster Relief and Emergency Order 13132.
(CSB). The CSB is available at https:// Assistance Act not in connection with a Executive Order 12988, Civil Justice
www.fema.gov/national-flood- flood) may be provided for construction Reform. This rule meets the applicable
insurance-program-community-status- or acquisition of buildings in identified standards of Executive Order 12988.
book. SFHAs for communities not Paperwork Reduction Act. This rule
participating in the NFIP and identified does not involve any collection of
DATES: The effective date of each for more than a year on FEMA’s initial information for purposes of the
community’s scheduled suspension is FIRM for the community as having Paperwork Reduction Act, 44 U.S.C.
the third date (‘‘Susp.’’) listed in the flood-prone areas (section 202(a) of the 3501 et seq.
third column of the following tables. Flood Disaster Protection Act of 1973,
FOR FURTHER INFORMATION CONTACT: If 42 U.S.C. 4106(a), as amended). This List of Subjects in 44 CFR Part 64
you want to determine whether a prohibition against certain types of Flood insurance, Floodplains.
particular community was suspended Federal assistance becomes effective for Accordingly, 44 CFR part 64 is
on the suspension date or for further the communities listed on the date amended as follows:
information, contact Patricia Suber, shown in the last column. The
Federal Insurance and Mitigation Administrator finds that notice and PART 64—[AMENDED]
Administration, Federal Emergency public comment procedures under 5
Management Agency, 400 C Street SW., U.S.C. 553(b), are impracticable and ■ 1. The authority citation for part 64
Washington, DC 20472, (202) 646–4149. unnecessary because communities listed continues to read as follows:
SUPPLEMENTARY INFORMATION: The NFIP in this final rule have been adequately Authority: 42 U.S.C. 4001 et seq.;
enables property owners to purchase notified. Reorganization Plan No. 3 of 1978, 3 CFR,
Federal flood insurance that is not Each community receives 6-month, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
otherwise generally available from 90-day, and 30-day notification letters 3 CFR, 1979 Comp.; p. 376.
private insurers. In return, communities addressed to the Chief Executive Officer
§ 64.6 [Amended]
agree to adopt and administer local stating that the community will be
floodplain management measures aimed suspended unless the required ■ 2. The tables published under the
nlaroche on DSK30NT082PROD with RULES

at protecting lives and new construction floodplain management measures are authority of § 64.6 are amended as
from future flooding. Section 1315 of met prior to the effective suspension follows:

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25740 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / 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

Region V
Indiana:
Salem, City of, Washington County ...... 180279 May 5, 1972, Emerg; August 15, 1978, June 21, 2017 .. June 21, 2017
Reg; June 21, 2017, Susp.
Washington County, Unincorporated 180446 July 30, 1996, Emerg; N/A, Reg; June 21, ......do * ............. Do.
Areas. 2017, Susp.
Region VII
Iowa:
Earlham, City of, Madison County ........ 190570 September 6, 1977, Emerg; September 30, ......do ............... Do.
1988, Reg; June 21, 2017, Susp.
Madison County, Unincorporated Areas 190887 September 10, 1993, Emerg; September 1, ......do ............... Do.
1996, Reg; June 21, 2017, Susp.
Patterson, City of, Madison County ...... 190451 March 27, 1979, Emerg; January 1, 1987, ......do ............... Do.
Reg; June 21, 2017, Susp.
St. Charles, City of, Madison County .... 190802 August 16, 2010, Emerg; October 6, 2010, ......do ............... Do.
Reg; June 21, 2017, Susp.
Winterset, City of, Madison County ....... 190944 April 24, 1992, Emerg; May 3, 1993, Reg; ......do ............... Do.
June 21, 2017, Susp.
Region VIII
North Dakota: Foster County, Unincor- 380696 March 26, 1997, Emerg; May 4, 1998, Reg; ......do ............... Do.
porated Areas. June 21, 2017, Susp.
Region IX
California:
Arcata, City of, Humboldt County .......... 060061 May 29, 1975, Emerg; May 2, 1983, Reg; ......do ............... Do.
June 21, 2017, Susp.
Eureka, City of, Humboldt County ......... 060062 June 9, 1975, Emerg; June 1, 1982 Reg; ......do ............... Do.
June 21, 2017, Susp.
Humboldt County, Unincorporated 060060 September 11, 1974, Emerg; July 19, 1982, ......do ............... Do.
Areas. Reg; June 21, 2017, Susp.
-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: May 23, 2017. final rule that made technical changes to foresees that disclosure will harm an
Michael M. Grimm, the Department of Transportation’s interest protected by a FOIA exemption,
Assistant Administrator for Mitigation, regulations prescribing procedures for or the disclosure is prohibited by law’’
Federal Insurance and Mitigation the public availability of information. is corrected to read, ‘‘In section 7.23, the
Administration, Department of Homeland DATES: This final rule is effective June rule amends paragraph (c)(5) to state
Security, Federal Emergency Management 5, 2017. that Exemption 5’s deliberative process
Agency. privilege does not apply to records
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–11485 Filed 6–2–17; 8:45 am] created 25 years or more before the date
Claire McKenna, Senior Attorney, Office
BILLING CODE 9110–12–P
of the General Counsel, U.S. Department on which the records are requested, and
of Transportation, Washington, DC, at the rule adds a new paragraph (d) to
claire.mckenna@dot.gov or (202) 366– prohibit DOT from withholding
DEPARTMENT OF TRANSPORTATION 0365. information under this section unless
DOT reasonably foresees that disclosure
Office of the Secretary SUPPLEMENTARY INFORMATION: In FR Doc. will harm an interest protected by a
2017–08925 appearing on page 21136 in FOIA exemption, or the disclosure is
49 CFR Part 7 the Federal Register on May 5, 2017, the prohibited by law.’’
following corrections are made:
RIN 2105–AE62 § 7.23 [Corrected]
I. Purpose of the Regulatory Action
Updates to Comply With the FOIA [Corrected] ■ 2. On page 21139, in the first and
Improvement Act of 2016 and Other second columns, amendatory
■ 1. On page 21136, the last sentence of instruction 4 and the amended text of
Technical Amendments; Final Rule;
the third column stating, ‘‘In section § 7.23 are corrected to read as follows:
Correction
7.23, the rule amends subparagraph ■ 4. Amend § 7.23 as follows:
AGENCY: Office of the Secretary (OST), (c)(5) to state that Exemption 5’s
■ a. Revise paragraph (c)(5);
deliberative process privilege only
nlaroche on DSK30NT082PROD with RULES

Department of Transportation (DOT).
applies to records created 25 years or ■ b. Redesignate paragraphs (d) and (e)
ACTION: Final rule; correction.
more before the date on which the as paragraphs (e) and (f) respectively;
SUMMARY: The Department of records are requested, and the rule adds and
Transportation is correcting a final rule a new paragraph (d) to prohibit DOT ■ c. Add new paragraph (d).
that appeared in the Federal Register on from withholding information under The revision and addition read as
May 5, 2017. The document issued a this section unless DOT reasonably follows:

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Document Created: 2018-11-14 10:00:55
Document Modified: 2018-11-14 10:00:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables.
Contact		If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149.
FR Citation		82 FR 25739
CFR Associated		Flood Insurance and Floodplains

82 FR 25739 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 82, Issue 106 (June 5, 2017)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency