82 FR 33453 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 82, Issue 138 (July 20, 2017)
Federal Emergency Management Agency
Federal Register Volume 82, Issue 138 (July 20, 2017)
| Page Range | 33453-33454 | |
| FR Document | 2017-15241 |
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)] [Rules and Regulations] [Pages 33453-33454] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15241] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8489] 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 table in the amendment. 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 [[Page 33454]] 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 V Indiana Delaware County, 180051 June 13, 1975, August 2, 2017........ August 2, 2017. Unincorporated Areas. Emerg; March 16, 1981, Reg; August 2, 2017, Susp. Muncie, City of, Delaware 180053 April 4, 1975, ......do*............. do. County. Emerg; January 16, 1981, Reg; August 2, 2017, Susp. Yorktown, Town of, 180361 March 18, 1976, ......do.............. do. Delaware County. Emerg; March 16, 1981, Reg; August 2, 2017, Susp. Region IX California Crescent City, City of, 060039 April 2, 1975, ......do.............. do. Del Norte County. Emerg; November 23, 1982, Reg; August 2, 2017, Susp. ---------------------------------------------------------------------------------------------------------------- *do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: July 7, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2017-15241 Filed 7-19-17; 8:45 am] BILLING CODE 9110-12-P
![Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations 33453
■ 2. Add § 165.T09–0688 to read as DEPARTMENT OF HOMELAND insurance unless an appropriate public
follows: SECURITY body adopts adequate floodplain
management measures with effective
§ 165.T09 –0688 Safety Zone; Marine City Federal Emergency Management enforcement measures. The
Maritime Festival Water Ski Show, St. Clair Agency communities listed in this document no
River, Marine City, MI. longer meet that statutory requirement
(a) Location. A safety zone is 44 CFR Part 64 for compliance with program
established to include all U.S. navigable [Docket ID FEMA–2017–0002; Internal
regulations, 44 CFR part 59.
waters of the St. Clair River, Marine Agency Docket No. FEMA–8489] Accordingly, the communities will be
City, MI, bound by: 200 feet seaward of suspended on the effective date in the
latitude position 42°43.382′ N., and to Suspension of Community Eligibility third column. As of that date, flood
the south by 2,000 feet to 200 feet insurance will no longer be available in
AGENCY: Federal Emergency the community. We recognize that some
seaward of latitude position 42°42.983′ Management Agency, DHS. of these communities may adopt and
N. This regulated area will be enforced ACTION: Final rule. submit the required documentation of
during three 30 minute periods of time legally enforceable floodplain
between 10 a.m. through 5 p.m. on SUMMARY: This rule identifies
management measures after this rule is
August 5, 2017. communities where the sale of flood published but prior to the actual
insurance has been authorized under suspension date. These communities
(b) Enforcement period. The regulated
the National Flood Insurance Program will not be suspended and will continue
area described in paragraph (a) will be
(NFIP) that are scheduled for to be eligible for the sale of NFIP flood
enforced from 10 a.m. thru 10:30 a.m.,
suspension on the effective dates listed insurance. A notice withdrawing the
1 p.m. through 1:30 p.m., and 4 p.m. within this rule because of
through 4:30 p.m. on August 5, 2017. suspension of such communities will be
noncompliance with the floodplain published in the Federal Register.
(c) Regulations. (1) No recreational management requirements of the In addition, FEMA publishes a Flood
vessel or person may enter, transit program. If the Federal Emergency Insurance Rate Map (FIRM) that
through, or anchor within the safety Management Agency (FEMA) receives identifies the Special Flood Hazard
zone unless authorized by the Captain documentation that the community has Areas (SFHAs) in these communities.
of the Port Detroit, or his on-scene adopted the required floodplain The date of the FIRM, if one has been
representative. management measures prior to the published, is indicated in the fourth
effective suspension date given in this column of the table. No direct Federal
(2) The safety zone is closed to all
rule, the suspension will not occur and financial assistance (except assistance
vessel traffic, except as may be
a notice of this will be provided by pursuant to the Robert T. Stafford
permitted by the Captain of the Port
publication in the Federal Register on a Disaster Relief and Emergency
Detroit or his on-scene representative. subsequent date. Also, information Assistance Act not in connection with a
(3) The ‘‘on-scene representative’’ of identifying the current participation flood) may be provided for construction
the Captain of the Port Detroit is any status of a community can be obtained or acquisition of buildings in identified
Coast Guard commissioned, warrant or from FEMA’s Community Status Book SFHAs for communities not
petty officer or a Federal, State, or local (CSB). The CSB is available at https:// participating in the NFIP and identified
law enforcement officer designated by www.fema.gov/national-flood- for more than a year on FEMA’s initial
or assisting the Captain of the Port insurance-program-community-status- FIRM for the community as having
Detroit to act on his behalf. book. flood-prone areas (section 202(a) of the
(4) Vessel operators shall contact the DATES: The effective date of each Flood Disaster Protection Act of 1973,
Captain of the Port Detroit or his on- community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This
scene representative to obtain the third date (‘‘Susp.’’) listed in the prohibition against certain types of
third column of the table in the Federal assistance becomes effective for
permission to enter or operate within
amendment. the communities listed on the date
the safety zone. The Captain of the Port
shown in the last column. The
Detroit or his on-scene representative FOR FURTHER INFORMATION CONTACT: If
Administrator finds that notice and
may be contacted via VHF Channel 16 you want to determine whether a public comment procedures under 5
or at 313–568–9464. Vessel operators particular community was suspended U.S.C. 553(b), are impracticable and
given permission to enter or operate in on the suspension date or for further unnecessary because communities listed
the regulated area must comply with all information, contact Patricia Suber, in this final rule have been adequately
directions given to them by the Captain Federal Insurance and Mitigation notified.
of the Port Detroit or his on-scene Administration, Federal Emergency Each community receives 6-month,
representative. Management Agency, 400 C Street SW., 90-day, and 30-day notification letters
Washington, DC 20472, (202) 646–4149. addressed to the Chief Executive Officer
Dated: July 13, 2017.
SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be
Jeffrey W. Novak, enables property owners to purchase suspended unless the required
Captain, U.S. Coast Guard, Captain of the Federal flood insurance that is not floodplain management measures are
Port Detroit. otherwise generally available from met prior to the effective suspension
asabaliauskas on DSKBBXCHB2PROD with RULES
[FR Doc. 2017–15270 Filed 7–19–17; 8:45 am] private insurers. In return, communities date. Since these notifications were
BILLING CODE 9110–04–P agree to adopt and administer local made, this final rule may take effect
floodplain management measures aimed within less than 30 days.
at protecting lives and new construction National Environmental Policy Act.
from future flooding. Section 1315 of FEMA has determined that the
the National Flood Insurance Act of community suspension(s) included in
1968, as amended, 42 U.S.C. 4022, this rule is a non-discretionary action
prohibits the sale of NFIP flood and therefore the National
VerDate Sep<11>2014 16:15 Jul 19, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\20JYR1.SGM 20JYR1](https://thefederalregister.org/doc/82_FR_33591/page/1.svg)
![33454 Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations
Environmental Policy Act of 1969 (42 Regulatory Classification. This final List of Subjects in 44 CFR Part 64
U.S.C. 4321 et seq.) does not apply. rule is not a significant regulatory action
Regulatory Flexibility Act. The under the criteria of section 3(f) of Flood insurance, Floodplains.
Administrator has determined that this Executive Order 12866 of September 30, Accordingly, 44 CFR part 64 is
rule is exempt from the requirements of 1993, Regulatory Planning and Review, amended as follows:
the Regulatory Flexibility Act because 58 FR 51735.
the National Flood Insurance Act of PART 64—[AMENDED]
Executive Order 13132, Federalism.
1968, as amended, Section 1315, 42 This rule involves no policies that have
U.S.C. 4022, prohibits flood insurance ■ 1. The authority citation for part 64
federalism implications under Executive continues to read as follows:
coverage unless an appropriate public Order 13132.
body adopts adequate floodplain Authority: 42 U.S.C. 4001 et seq.;
management measures with effective Executive Order 12988, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR,
enforcement measures. The Reform. This rule meets the applicable 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
communities listed no longer comply standards of Executive Order 12988. 3 CFR, 1979 Comp.; p. 376.
with the statutory requirements, and Paperwork Reduction Act. This rule
§ 64.6 [Amended]
after the effective date, flood insurance does not involve any collection of
will no longer be available in the information for purposes of the ■ 2. The tables published under the
communities unless remedial action Paperwork Reduction Act, 44 U.S.C. authority of § 64.6 are amended as
takes place. 3501 et seq. follows:
Date certain
Effective date Federal
Community Current effective
State and location authorization/cancellation of sale of flood assistance no
No. map date
insurance in community longer available
in SFHAs
Region V
Indiana
Delaware County, Unincorporated 180051 June 13, 1975, Emerg; March 16, 1981, August 2, 2017. August 2, 2017.
Areas. Reg; August 2, 2017, Susp.
Muncie, City of, Delaware County ......... 180053 April 4, 1975, Emerg; January 16, 1981, ......do* .............. do.
Reg; August 2, 2017, Susp.
Yorktown, Town of, Delaware County ... 180361 March 18, 1976, Emerg; March 16, 1981, ......do ............... do.
Reg; August 2, 2017, Susp.
Region IX
California
Crescent City, City of, Del Norte County 060039 April 2, 1975, Emerg; November 23, 1982, ......do ............... do.
Reg; August 2, 2017, Susp.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: July 7, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
Administration, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2017–15241 Filed 7–19–17; 8:45 am]
BILLING CODE 9110–12–P
asabaliauskas on DSKBBXCHB2PROD with RULES
VerDate Sep<11>2014 16:15 Jul 19, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 E:\FR\FM\20JYR1.SGM 20JYR1](https://thefederalregister.org/doc/82_FR_33591/page/2.svg)
Document Created: 2017-07-20 06:57:38
Document Modified: 2017-07-20 06:57:38
| 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 table in the amendment. | |
| 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 33453 | |
| CFR Associated | Flood Insurance and Floodplains |
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