82_FR_42412 82 FR 42240 - Suspension of Community Eligibility

82 FR 42240 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range42240-42241
FR Document2017-18909

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 172 (Thursday, September 7, 2017)
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Rules and Regulations]
[Pages 42240-42241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18909]


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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-8495]


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: Effective 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

[[Page 42241]]

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/
          State and location            Community No.   cancellation of sale of       Current effective map date      Date certain Federal assistance no
                                                           flood insurance in                                              longer available in SFHAs
                                                               community
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Region VII
 
Iowa:
    Arcadia, City of, Carroll County.          190694  September 3, 1976, Emerg;  September 15, 2017................  September 15, 2017.
                                                        June 10, 1980, Reg;
                                                       September 15, 2017, Susp.
    Dedham, City of, Carroll County..          190043  July 7, 1975, Emerg;       ......do..........................   Do.
                                                        September 1, 1986, Reg;
                                                       September 15, 2017, Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 22, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2017-18909 Filed 9-6-17; 8:45 am]
 BILLING CODE 9110-12-P



                                             42240            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Rules and Regulations

                                             ■ 5. In § 180.960, the table is amended                 § 180.960 Polymers; exemptions from the
                                             by revising the following entry to read                 requirement of a tolerance.
                                             as follows:                                             *        *      *      *       *

                                                        Polymer                                                                                 CAS No.


                                                      *                        *                 *                 *                 *                 *                 *
                                             a-Alkyl-w-hydroxypoly             9002–92–0; 9004–95–9; 9004–98–2; 9005–00–9; 9035–85–2; 9038–29–3; 9038–43–1; 9040–05–5; 9043–30–5;
                                               (oxypropylene) and/or             9087–53–0; 25190–05–0; 24938–91–8; 25231–21–4; 251553–55–6; 26183–52–8; 26468–86–0; 26636–39–5;
                                               poly (oxyethylene) poly-          27252–75–1; 27306–79–2; 31726–34–8; 34398–01–1; 34398–05–5; 37251–67–5; 37311–00–5; 37311–01–6;
                                               mers where the alkyl              37311–02–7; 37311–04–9; 39587–22–9; 50861–66–0; 52232–09–4; 52292–17–8; 52609–19–5; 57679–21–7;
                                               chain contains a min-             59112–62–8; 60828–78–6; 61702–78–1; 61723–78–2; 61725–89–1; 61791–13–7; 61791–20–6; 61791–28–4;
                                               imum of six carbons and           61804–34–0; 61827–42–7; 61827–84–7; 62648–50–4; 63303–01–5; 63658–45–7; 63793–60–2; 64366–70–7;
                                               a minimum number aver-            64415–24–3; 64415–25–4; 64425–86–1; 65104–72–5; 65150–81–4; 66455–14–9: 66455–15–0; 67254–71–1;
                                               age molecular weight (in          67763–08–0; 68002–96–0; 68002–97–1; 68131–39–5; 68131–40–8; 68154–96–1; 68154–97–2; 68154–98–3;
                                               amu) 1,100.                       68155–01–1; 68213–23–0; 68213–24–1; 68238–81–3; 68238–82–4; 68409–58–5; 68409–59–6; 68439–30–5;
                                                                                 68439–45–2; 68439–46–3; 68439–48–5; 68439–49–6; 68439–50–9; 68439–51–0; 68439–53–2; 68439–54–3;
                                                                                 68458–88–8; 68526–94–3; 68526–95–4; 68551–12–2; 68551–13–3; 68551–14–4; 68603–20–3; 68603–25–8;
                                                                                 68920–66–1; 68920–69–4; 68937–66–6; 68951–67–7; 68954–94–9; 68987–81–5; 68991–48–0; 69011–36–5;
                                                                                 69013–18–9; 69013–19–0; 69227–20–9; 69227–21–0; 69227–22–1; 69364–63–2; 70750–27–5; 70879–83–3;
                                                                                 70955–07–6; 71011–10–4; 71060–57–6; 71243–46–4; 72066–65–0; 72108–90–8; 72484–69–6; 72854–13–8;
                                                                                 72905–87–4; 73018–31–2; 73049–34–0; 74432–13–6; 74499–34–6; 78330–19–5; 78330–20–8; 78330–21–9;
                                                                                 78330–23–1; 79771–03–2; 84133–50–6; 85422–93–1; 97043–91–9; 97953–22–5; 102782–43–4; 103331–86–8;
                                                                                 103657–84–7; 103657–85–8; 103818–93–5; 103819–03–0; 106232–83–1; 111905–54–5; 116810–31–2;
                                                                                 116810–32–3; 116810–33–4; 120313–48–6; 120944–68–5; 121617–09–2; 126646–02–4; 126950–62–7;
                                                                                 127036–24–2; 139626–71–4; 152231–44–2; 154518–36–2; 157627–86–6; 157627–88–8; 157707–41–0;
                                                                                 157707–43–2; 159653–49–3; 160875–66–1; 160901–20–2; 160901–09–7; 160901–19–9; 161025–21–4;
                                                                                 161025–22–5; 166736–08–9; 169107–21–5; 172588–43–1; 176022–76–7; 196823–11–7; 287935–46–0;
                                                                                 288260–45–7; 303176–75–2; 954108–36–2.

                                                       *                       *                         *                      *                         *                    *              *



                                             [FR Doc. 2017–17622 Filed 9–6–17; 8:45 am]              publication in the Federal Register on a                 body adopts adequate floodplain
                                             BILLING CODE 6560–50–P                                  subsequent date. Also, information                       management measures with effective
                                                                                                     identifying the current participation                    enforcement measures. The
                                                                                                     status of a community can be obtained                    communities listed in this document no
                                             DEPARTMENT OF HOMELAND                                  from FEMA’s Community Status Book                        longer meet that statutory requirement
                                             SECURITY                                                (CSB). The CSB is available at https://                  for compliance with program
                                                                                                     www.fema.gov/national-flood-                             regulations, 44 CFR part 59.
                                             Federal Emergency Management                            insurance-program-community-status-                      Accordingly, the communities will be
                                             Agency                                                  book.                                                    suspended on the effective date in the
                                                                                                                                                              third column. As of that date, flood
                                                                                                     DATES:  Effective Dates: The effective
                                             44 CFR Part 64                                                                                                   insurance will no longer be available in
                                                                                                     date of each community’s scheduled
                                                                                                                                                              the community. We recognize that some
                                             [Docket ID FEMA–2017–0002; Internal                     suspension is the third date (‘‘Susp.’’)
                                                                                                                                                              of these communities may adopt and
                                             Agency Docket No. FEMA–8495]                            listed in the third column of the
                                                                                                                                                              submit the required documentation of
                                                                                                     following tables.
                                             Suspension of Community Eligibility                                                                              legally enforceable floodplain
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                      management measures after this rule is
                                             AGENCY:  Federal Emergency                              you want to determine whether a                          published but prior to the actual
                                             Management Agency, DHS.                                 particular community was suspended                       suspension date. These communities
                                                                                                     on the suspension date or for further                    will not be suspended and will continue
                                             ACTION: Final rule.
                                                                                                     information, contact Patricia Suber,                     to be eligible for the sale of NFIP flood
                                             SUMMARY:   This rule identifies                         Federal Insurance and Mitigation                         insurance. A notice withdrawing the
                                             communities where the sale of flood                     Administration, Federal Emergency                        suspension of such communities will be
                                             insurance has been authorized under                     Management Agency, 400 C Street SW.,                     published in the Federal Register.
                                             the National Flood Insurance Program                    Washington, DC 20472, (202) 646–4149.                       In addition, FEMA publishes a Flood
                                             (NFIP) that are scheduled for                           SUPPLEMENTARY INFORMATION: The NFIP                      Insurance Rate Map (FIRM) that
                                             suspension on the effective dates listed                enables property owners to purchase                      identifies the Special Flood Hazard
                                             within this rule because of                             Federal flood insurance that is not                      Areas (SFHAs) in these communities.
                                             noncompliance with the floodplain                       otherwise generally available from                       The date of the FIRM, if one has been
                                             management requirements of the                          private insurers. In return, communities                 published, is indicated in the fourth
                                             program. If the Federal Emergency                       agree to adopt and administer local                      column of the table. No direct Federal
pmangrum on DSK3GDR082PROD with RULES




                                             Management Agency (FEMA) receives                       floodplain management measures aimed                     financial assistance (except assistance
                                             documentation that the community has                    at protecting lives and new construction                 pursuant to the Robert T. Stafford
                                             adopted the required floodplain                         from future flooding. Section 1315 of                    Disaster Relief and Emergency
                                             management measures prior to the                        the National Flood Insurance Act of                      Assistance Act not in connection with a
                                             effective suspension date given in this                 1968, as amended, 42 U.S.C. 4022,                        flood) may be provided for construction
                                             rule, the suspension will not occur and                 prohibits the sale of NFIP flood                         or acquisition of buildings in identified
                                             a notice of this will be provided by                    insurance unless an appropriate public                   SFHAs for communities not


                                        VerDate Sep<11>2014   14:53 Sep 06, 2017   Jkt 241001   PO 00000     Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\07SER1.SGM   07SER1


                                                              Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Rules and Regulations                                                      42241

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

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

                                                          Region VII
                                             Iowa:
                                                 Arcadia, City of, Carroll County ...                190694    September 3, 1976, Emerg; June 10,            September 15, 2017 ..               September 15, 2017.
                                                                                                                 1980, Reg;
                                                                                                               September 15, 2017, Susp.
                                                  Dedham, City of, Carroll County                    190043    July 7, 1975, Emerg; September 1,             ......do ........................         Do.
                                                                                                                 1986, Reg;
                                                                                                               September 15, 2017, Susp.
                                                -do- = Ditto.
                                                Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                               Dated: August 22, 2017.                                DEPARTMENT OF HOMELAND                                 management requirements of the
                                             Michael M. Grimm,                                        SECURITY                                               program. If the Federal Emergency
                                             Assistant Administrator for Mitigation,                                                                         Management Agency (FEMA) receives
                                             Federal Insurance and Mitigation                         Federal Emergency Management                           documentation that the community has
                                             Administration, Department of Homeland                   Agency                                                 adopted the required floodplain
                                             Security, Federal Emergency Management                                                                          management measures prior to the
                                             Agency.                                                  44 CFR Part 64                                         effective suspension date given in this
                                             [FR Doc. 2017–18909 Filed 9–6–17; 8:45 am]               [Docket ID FEMA–2017–0002; Internal
                                                                                                                                                             rule, the suspension will not occur and
                                             BILLING CODE 9110–12–P                                   Agency Docket No. FEMA–8497]                           a notice of this will be provided by
                                                                                                                                                             publication in the Federal Register on a
                                                                                                      Suspension of Community Eligibility                    subsequent date. Also, information
                                                                                                                                                             identifying the current participation
                                                                                                      AGENCY:  Federal Emergency                             status of a community can be obtained
                                                                                                      Management Agency, DHS.                                from FEMA’s Community Status Book
                                                                                                      ACTION: Final rule.                                    (CSB). The CSB is available at https://
                                                                                                                                                             www.fema.gov/national-flood-
                                                                                                      SUMMARY:  This rule identifies                         insurance-program-community-status-
pmangrum on DSK3GDR082PROD with RULES




                                                                                                      communities where the sale of flood                    book.
                                                                                                      insurance has been authorized under
                                                                                                      the National Flood Insurance Program                   DATES:  Effective Dates: The effective
                                                                                                      (NFIP) that are scheduled for                          date of each community’s scheduled
                                                                                                      suspension on the effective dates listed               suspension is the third date (‘‘Susp.’’)
                                                                                                      within this rule because of                            listed in the third column of the
                                                                                                      noncompliance with the floodplain                      following tables.


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Document Created: 2017-09-07 02:01:37
Document Modified: 2017-09-07 02:01:37
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.
DatesEffective Dates: The 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 42240 
CFR AssociatedFlood Insurance and Floodplains

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