82_FR_28685 82 FR 28565 - Suspension of Community Eligibility

82 FR 28565 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range28565-28566
FR Document2017-12991

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 120 (Friday, June 23, 2017) 
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Rules and Regulations]
[Pages 28565-28566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12991]


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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-8485]


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.

[[Page 28566]]

    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:

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                                                   Effective date
                                                   authorization/                           Date certain Federal
      State and location        Community No.   cancellation of sale    Current effective       assistance no
                                               of flood insurance in        map date         longer available in
                                                     community                                      SFHAs
----------------------------------------------------------------------------------------------------------------
                                                   Region VIII
Montana: Carbon County,                300139  March 23, 1978,        July 5, 2017........  July 5, 2017.
 Unincorporated Areas.                          Emerg; November 4,
                                                1981, Reg; July 5,
                                                2017, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: June 14, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2017-12991 Filed 6-22-17; 8:45 am]
BILLING CODE 9110-12-P

Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations 28565 extending the use of an alternative to Dated: June 19, 2017. management requirements of the the HCl monitoring provisions, E. Scott Pruitt, program. If the Federal Emergency including an option which provides Administrator. Management Agency (FEMA) receives operational flexibility. Thus, Executive For the reasons stated in the documentation that the community has Order 13175 does not apply to this preamble, the Environmental Protection adopted the required floodplain action. Agency is amending title 40, chapter I, management measures prior to the part 63 of the Code of Federal effective suspension date given in this G. Executive Order 13045: Protection of Regulations (CFR), as follows: rule, the suspension will not occur and Children From Environmental Health a notice of this will be provided by Risks and Safety Risks PART 63—NATIONAL EMISSION publication in the Federal Register on a The EPA interprets Executive Order STANDARDS FOR HAZARDOUS AIR subsequent date. Also, information 13045 as applying to those regulatory POLLUTANTS FOR SOURCE identifying the current participation actions that concern environmental CATEGORIES status of a community can be obtained health or safety risks that the EPA has from FEMA’s Community Status Book reason to believe may ■ 1. The authority citation for part 63 (CSB). The CSB is available at https:// disproportionately affect children, per continues to read as follows: www.fema.gov/national-flood- the definition of ‘‘covered regulatory Authority: 42 U.S.C. 7401 et seq. insurance-program-community-status- action’’ in section 2–202 of the book. Executive Order. This action is not Subpart LLL—National Emission Standards for Hazardous Air Pollutants DATES: The effective date of each subject to Executive Order 13045 community’s scheduled suspension is because it does not concern an From the Portland Cement Manufacturing Industry the third date (‘‘Susp.’’) listed in the environmental health risk or safety risk. third column of the following tables. H. Executive Order 13211: Actions § 63.1349 [Amended] FOR FURTHER INFORMATION CONTACT: If Concerning Regulations That ■ 2. Section 63.1349 is amended by you want to determine whether a Significantly Affect Energy Supply, removing paragraph (b)(6)(v)(H). particular community was suspended Distribution, or Use ■ 3. Section 63.1350 is amended by on the suspension date or for further revising paragraph (l)(4) to read as information, contact Patricia Suber, This action is not subject to Executive follows: Federal Insurance and Mitigation Order 13211 because it is not a Administration, Federal Emergency significant regulatory action under § 63.1350 Monitoring requirements. Management Agency, 400 C Street SW., Executive Order 12866. * * * * * Washington, DC 20472, (202) 646–4149. I. National Technology Transfer and (l) * * * SUPPLEMENTARY INFORMATION: The NFIP Advancement Act (NTTAA) (4) If you monitor continuous performance through the use of an HCl enables property owners to purchase This rulemaking does not involve CPMS according to § 63.1349(b)(6)(v)(A) Federal flood insurance that is not technical standards. through (G), for any exceedance of the otherwise generally available from 30-kiln operating day HCl CPMS private insurers. In return, communities J. Executive Order 12898: Federal agree to adopt and administer local Actions to Address Environmental average value from the established operating limit, you must: floodplain management measures aimed Justice in Minority Populations and at protecting lives and new construction Low-Income Populations * * * * * from future flooding. Section 1315 of [FR Doc. 2017–13185 Filed 6–22–17; 8:45 am] the National Flood Insurance Act of The EPA believes that this action does BILLING CODE 6560–50–P 1968, as amended, 42 U.S.C. 4022, not have disproportionately high and prohibits the sale of NFIP flood adverse human health or environmental insurance unless an appropriate public effects on minority populations, low- DEPARTMENT OF HOMELAND body adopts adequate floodplain income populations, and/or indigenous SECURITY management measures with effective peoples, as specified in Executive Order enforcement measures. The 12898 (59 FR 7629, February 16, 1994). Federal Emergency Management communities listed in this document no This action does not affect the level of Agency longer meet that statutory requirement protection provided to human health or for compliance with program the environment. 44 CFR Part 64 regulations, 44 CFR part 59. K. Congressional Review Act (CRA) [Docket ID FEMA–2017–0002: Internal Accordingly, the communities will be Agency Docket No. FEMA–8485] suspended on the effective date in the This action is subject to the CRA, and third column. As of that date, flood the EPA will submit a rule report to Suspension of Community Eligibility insurance will no longer be available in each House of the Congress and to the AGENCY: Federal Emergency the community. We recognize that some Comptroller General of the United Management Agency, DHS. of these communities may adopt and States. This action is not a ‘‘major rule’’ submit the required documentation of ACTION: Final rule. as defined by 5 U.S.C. 804(2). legally enforceable floodplain List of Subjects in 40 CFR Part 63 SUMMARY: This rule identifies management measures after this rule is Pmangrum on DSK7TPTVN1PROD with RULES communities where the sale of flood published but prior to the actual Environmental protection, insurance has been authorized under suspension date. These communities Administrative practice and procedures, the National Flood Insurance Program will not be suspended and will continue Air pollution control, Hazardous (NFIP) that are scheduled for to be eligible for the sale of NFIP flood substances, Intergovernmental relations, suspension on the effective dates listed insurance. A notice withdrawing the Reporting and recordkeeping within this rule because of suspension of such communities will be requirements. noncompliance with the floodplain published in the Federal Register. VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1

28566 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations In addition, FEMA publishes a Flood stating that the community will be Executive Order 12866 of September 30, Insurance Rate Map (FIRM) that suspended unless the required 1993, Regulatory Planning and Review, identifies the Special Flood Hazard floodplain management measures are 58 FR 51735. Areas (SFHAs) in these communities. met prior to the effective suspension Executive Order 13132, Federalism. The date of the FIRM, if one has been date. Since these notifications were This rule involves no policies that have published, is indicated in the fourth made, this final rule may take effect federalism implications under Executive column of the table. No direct Federal within less than 30 days. Order 13132. financial assistance (except assistance National Environmental Policy Act. Executive Order 12988, Civil Justice pursuant to the Robert T. Stafford FEMA has determined that the Reform. This rule meets the applicable Disaster Relief and Emergency community suspension(s) included in standards of Executive Order 12988. Assistance Act not in connection with a this rule is a non-discretionary action Paperwork Reduction Act. This rule flood) may be provided for construction and therefore the National does not involve any collection of or acquisition of buildings in identified Environmental Policy Act of 1969 (42 information for purposes of the SFHAs for communities not U.S.C. 4321 et seq.) does not apply. Paperwork Reduction Act, 44 U.S.C. participating in the NFIP and identified Regulatory Flexibility Act. The 3501 et seq. for more than a year on FEMA’s initial Administrator has determined that this rule is exempt from the requirements of List of Subjects in 44 CFR Part 64 FIRM for the community as having the Regulatory Flexibility Act because Flood insurance, Floodplains. flood-prone areas (section 202(a) of the the National Flood Insurance Act of Accordingly, 44 CFR part 64 is Flood Disaster Protection Act of 1973, 1968, as amended, Section 1315, 42 amended as follows: 42 U.S.C. 4106(a), as amended). This U.S.C. 4022, prohibits flood insurance prohibition against certain types of coverage unless an appropriate public PART 64—[AMENDED] Federal assistance becomes effective for body adopts adequate floodplain the communities listed on the date management measures with effective ■ 1. The authority citation for Part 64 shown in the last column. The enforcement measures. The continues to read as follows: Administrator finds that notice and communities listed no longer comply public comment procedures under 5 Authority: 42 U.S.C. 4001 et seq.; with the statutory requirements, and Reorganization Plan No. 3 of 1978, 3 CFR, U.S.C. 553(b), are impracticable and after the effective date, flood insurance 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, unnecessary because communities listed will no longer be available in the 3 CFR, 1979 Comp.; p. 376. in this final rule have been adequately communities unless remedial action notified. takes place. § 64.6 [Amended] Each community receives 6-month, Regulatory Classification. This final ■ 2. The tables published under the 90-day, and 30-day notification letters rule is not a significant regulatory action authority of § 64.6 are amended as addressed to the Chief Executive Officer under the criteria of section 3(f) of follows: Date certain Federal Community Effective date authorization/cancellation of sale of flood Current effective State and location assistance no No. insurance in community map date longer available in SFHAs Region VIII Montana: Carbon County, 300139 March 23, 1978, Emerg; November 4, 1981, Reg; July 5, July 5, 2017 ...... July 5, 2017. Unincorporated Areas. 2017, Susp. * -do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: June 14, 2017. FEDERAL COMMUNICATIONS interoperability into the Commission’s Michael M. Grimm, COMMISSION telecommunications relay service (TRS) Assistant Administrator for Mitigation, rules, pending the Commission’s Federal Insurance and Mitigation 47 CFR Part 64 consideration of server-based routing. Administration, Department of Homeland [CG Docket Nos. 10–51 and 03–123; FCC DATES: Effective June 23, 2017 the Security, Federal Emergency Management Agency. 17–26] compliance date for the VRS Provider Interoperability Profile, 47 CFR [FR Doc. 2017–12991 Filed 6–22–17; 8:45 am] Structure and Practices of the Video 64.621(b), as published at 82 FR 19322, BILLING CODE 9110–12–P Relay Services Program April 27, 2017 is delayed indefinitely. AGENCY: Federal Communications ADDRESSES:Federal Communications Commission. Commission, 445 12th Street SW., ACTION: Final rule; delay of compliance Washington, DC 20554. date. FOR FURTHER INFORMATION CONTACT: Bob Pmangrum on DSK7TPTVN1PROD with RULES SUMMARY: In this document, the Aldrich, Consumer and Governmental Commission sets aside the effectiveness, Affairs Bureau, (202) 418–0996, email in part, of the VRS Interoperability Robert.Aldrich@fcc.gov, or Eliot Order, in which the Consumer and Greenwald, Consumer and Governmental Affairs Bureau (CGB) Governmental Affairs Bureau, (202) incorporated certain technical standards 418–2235, email Eliot.Greenwald@ on video relay service (VRS) fcc.gov. VerDate Sep<11>2014 17:39 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1


Document Created: 2017-06-23 03:37:29
Document Modified: 2017-06-23 03:37:29
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 Citation82 FR 28565 
CFR AssociatedFlood Insurance and Floodplains
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