82 FR 61696 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 249 (December 29, 2017)

Page Range		61696-61697
FR Document		2017-28182

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 249 (Friday, December 29, 2017)

[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Rules and Regulations]
[Pages 61696-61697]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-28182]

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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-8511]

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 Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.

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

[[Page 61697]]

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 VI

Louisiana:
Beauregard Parish, 220026 September 25, January 5, 2018....... January 5, 2018
Unincorporated Areas. 1979, Emerg; May
3, 1990, Reg;
January 5, 2018,
Susp.
DeRidder, City of, 220027 September 9, ......do.............. Do.
Beauregard and Vernon 1974, Emerg;
Parishes. October 19,
1982, Reg;
January 5, 2018,
Susp.
Merryville, Town of, 220028 November 1, 1974, ......do.............. Do.
Beauregard Parish. Emerg; February
1, 1987, Reg;
January 5, 2018,
Susp.
----------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: December 14, 2017.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2017-28182 Filed 12-28-17; 8:45 am]
BILLING CODE 9110-12-P

61696 Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Rules and Regulations

PART 165—SPECIFIC REGULATED SUMMARY: This rule identifies management measures after this rule is
NAVIGATION AREAS AND LIMITED communities where the sale of flood published but prior to the actual
ACCESS AREAS insurance has been authorized under suspension date. These communities
the National Flood Insurance Program will not be suspended and will continue
■ 1. The authority citation for part 165 (NFIP) that are scheduled for to be eligible for the sale of NFIP flood
continues to read as follows: suspension on the effective dates listed insurance. A notice withdrawing the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; within this rule because of suspension of such communities will be
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; noncompliance with the floodplain published in the Federal Register.
Department of Homeland Security Delegation management requirements of the In addition, FEMA publishes a Flood
No. 0170.1. program. If the Federal Emergency Insurance Rate Map (FIRM) that
■ 2. Add § 165.T08–1077 to read as Management Agency (FEMA) receives identifies the Special Flood Hazard
follows: documentation that the community has Areas (SFHAs) in these communities.
adopted the required floodplain The date of the FIRM, if one has been
§ 165.T08–1077 Safety Zone; Fireworks management measures prior to the published, is indicated in the fourth
Display Lower Mississippi River mile effective suspension date given in this column of the table. No direct Federal
marker (MM) 229.5 to MM 230.5, Baton financial assistance (except assistance
Rouge, LA.
rule, the suspension will not occur and
a notice of this will be provided by pursuant to the Robert T. Stafford
(a) Location. The following area is a publication in the Federal Register on a Disaster Relief and Emergency
safety zone: All navigable waters of the subsequent date. Also, information Assistance Act not in connection with a
Lower Mississippi River from mile identifying the current participation flood) may be provided for construction
marker 229.5 to mile marker 230.5 status of a community can be obtained or acquisition of buildings in identified
Above Head of Passes, Baton Rouge, LA. from FEMA’s Community Status Book SFHAs for communities not
(b) Regulations. (1) Under the general participating in the NFIP and identified
(CSB). The CSB is available at https://
safety zone regulations in subpart C of for more than a year on FEMA’s initial
www.fema.gov/national-flood-
this part, you may not enter the safety FIRM for the community as having
insurance-program-community-status-
zone described in paragraph (a) of this flood-prone areas (section 202(a) of the
book.
section unless authorized by the Captain Flood Disaster Protection Act of 1973,
of the Port Sector New Orleans (COTP) DATES: The effective date of each
community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This
or the COTP’s designated representative. prohibition against certain types of
(2) To seek permission to enter, the third date (‘‘Susp.’’) listed in the
third column of the following tables. Federal assistance becomes effective for
vessels must request permission from
the communities listed on the date
the COTP or a designated FOR FURTHER INFORMATION CONTACT: If
shown in the last column. The
representative. The designated you want to determine whether a
Administrator finds that notice and
representative can be contacted on particular community was suspended
public comment procedures under 5
VHF–FM Channel 16 or 67, or through on the suspension date or for further
U.S.C. 553(b), are impracticable and
the Marine Safety Unit Baton Rouge information, contact Adrienne L.
unnecessary because communities listed
Officer of the Day at 225–281–4789. Sheldon, PE, CFM, Federal Insurance
(3) Persons and vessels permitted to in this final rule have been adequately
and Mitigation Administration, Federal
enter this temporary safety zone must notified.
Emergency Management Agency, 400 C Each community receives 6-month,
transit at the slowest speed and comply Street SW, Washington, DC 20472, (202) 90-day, and 30-day notification letters
with all lawful directions issued by the 212–3966. addressed to the Chief Executive Officer
COTP or the designated representative. SUPPLEMENTARY INFORMATION: The NFIP
(c) Enforcement period. This section stating that the community will be
enables property owners to purchase suspended unless the required
will be enforced from 11:30 p.m. on Federal flood insurance that is not
December 31, 2017, through 1 a.m. on floodplain management measures are
otherwise generally available from met prior to the effective suspension
January 1, 2018. private insurers. In return, communities date. Since these notifications were
Dated: December 22, 2017 agree to adopt and administer local made, this final rule may take effect
K.M. Luttrell, floodplain management measures aimed within less than 30 days.
Captain, U.S. Coast Guard, Acting Captain at protecting lives and new construction National Environmental Policy Act.
of the Port Sector New Orleans. from future flooding. Section 1315 of FEMA has determined that the
[FR Doc. 2017–28145 Filed 12–28–17; 8:45 am] the National Flood Insurance Act of community suspension(s) included in
BILLING CODE 9110–04–P 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
insurance unless an appropriate public Environmental Policy Act of 1969 (42
DEPARTMENT OF HOMELAND body adopts adequate floodplain U.S.C. 4321 et seq.) does not apply.
SECURITY management measures with effective Regulatory Flexibility Act. The
enforcement measures. The Administrator has determined that this
Federal Emergency Management communities listed in this document no rule is exempt from the requirements of
Agency longer meet that statutory requirement the Regulatory Flexibility Act because
for compliance with program the National Flood Insurance Act of
44 CFR Part 64 regulations, 44 CFR part 59. 1968, as amended, Section 1315, 42
[Docket ID FEMA–2017–0002; Internal Accordingly, the communities will be U.S.C. 4022, prohibits flood insurance
nshattuck on DSK9F9SC42PROD with RULES

Agency Docket No. FEMA–8511] suspended on the effective date in the coverage unless an appropriate public
third column. As of that date, flood body adopts adequate floodplain
Suspension of Community Eligibility insurance will no longer be available in management measures with effective
AGENCY: Federal Emergency the community. We recognize that some enforcement measures. The
Management Agency, DHS. of these communities may adopt and communities listed no longer comply
submit the required documentation of with the statutory requirements, and
ACTION: Final rule.
legally enforceable floodplain after the effective date, flood insurance

VerDate Sep<11>2014 13:22 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1

$Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Rules and Regulations 61697 will no longer be available in the Executive Order 12988, Civil Justice PART 64—[AMENDED] communities unless remedial action Reform. This rule meets the applicable takes place. standards of Executive Order 12988. ■ 1. The authority citation for part 64 Regulatory Classification. This final Paperwork Reduction Act. This rule continues to read as follows: rule is not a significant regulatory action does not involve any collection of Authority: 42 U.S.C. 4001 et seq.; under the criteria of section 3(f) of information for purposes of the Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 12866 of September 30, Paperwork Reduction Act, 44 U.S.C. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 1993, Regulatory Planning and Review, 3501 et seq. 3 CFR, 1979 Comp.; p. 376. 58 FR 51735. List of Subjects in 44 CFR Part 64 § 64.6 [Amended] Executive Order 13132, Federalism. This rule involves no policies that have Flood insurance, Floodplains. ■ 2. The tables published under the federalism implications under Executive Accordingly, 44 CFR part 64 is authority of § 64.6 are amended as Order 13132. amended as follows: follows: Date certain Effective date authorization/ Federal Community cancellation of sale of Current effective assistance State and location No. flood insurance in map date no longer community available in SFHAs Region VI Louisiana: Beauregard Parish, Unincorporated 220026 September 25, 1979, Emerg; May 3, 1990, January 5, 2018 January 5, 2018 Areas. Reg; January 5, 2018, Susp. DeRidder, City of, Beauregard and 220027 September 9, 1974, Emerg; October 19, ......do ............... Do. Vernon Parishes. 1982, Reg; January 5, 2018, Susp. Merryville, Town of, Beauregard Parish 220028 November 1, 1974, Emerg; February 1, ......do ............... Do. 1987, Reg; January 5, 2018, Susp. -do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: December 14, 2017. Eric Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2017–28182 Filed 12–28–17; 8:45 am] BILLING CODE 9110–12–P nshattuck on DSK9F9SC42PROD with RULES VerDate Sep<11>2014 13:22 Dec 28, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\29DER1.SGM 29DER1$

Document Created: 2018-01-03 13:16:36
Document Modified: 2018-01-03 13:16:36

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 Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.
FR Citation		82 FR 61696
CFR Associated		Flood Insurance and Floodplains

82 FR 61696 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 82, Issue 249 (December 29, 2017)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency