82 FR 7697 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 82, Issue 13 (January 23, 2017)
Federal Emergency Management Agency
Federal Register Volume 82, Issue 13 (January 23, 2017)
| Page Range | 7697-7699 | |
| FR Document | 2017-01102 |
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)] [Rules and Regulations] [Pages 7697-7699] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01102] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8463] 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 [[Page 7698]] (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book. DATES: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64--[AMENDED] 0 1. The authority citation for Part 64 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. Sec. 64.6 [Amended] 0 2. The tables published under the authority of Sec. 64.6 are amended as follows: ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ Community cancellation of Current effective Date certain Federal State and location No. sale of flood map date assistance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region VII Missouri: Jackson County, 290492 June 19, 1974, Jan. 20, 2017...... Jan. 20, 2017. Unincorporated Areas. Emerg; September 29, 1978, Reg; January 20, 2017, Susp Raytown, City of, Jackson 290176 February 27, 1975, ......do........... do. County. Emerg; September 15, 1978, Reg; January 20, 2017, Susp ---------------------------------------------------------------------------------------------------------------- * do = Ditto. Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension. [[Page 7699]] Dated: January 6, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2017-01102 Filed 1-19-17; 8:45 am] BILLING CODE 9110-12-P
![Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations 7697
the final rule. It would not be possible action simply extends the date for the 307 of the CAA as amended (42 U.S.C.
for the EPA to complete the required EPA to take action on a petition. Thus, 7410, 7426 and 7607).
notice and comment and public hearing Executive Order 13175 does not apply
V. Judicial Review
process within the original 60-day to this rule.
period noted in the statute. These Under section 307(b)(1) of the CAA,
G. Executive Order 13045: Protection of judicial review of this final rule is
reasons support an immediate effective
date. Children From Environmental Health available only by the filing of a petition
and Safety Risks for review in the U.S. Court of Appeals
III. Statutory and Executive Order The EPA interprets Executive Order for the appropriate circuit by March 24,
Reviews 13045 as applying only to those 2017. Under section 307(b)(2) of the
A. Executive Orders 12866: Regulatory regulatory actions that concern CAA, the requirements that are the
Planning and Review and Executive environmental health or safety risks that subject of this final rule may not be
Order 13563: Improving Regulation and the EPA has reason to believe may challenged later in civil or criminal
Regulatory Review disproportionately affect children, per proceedings brought by us to enforce
This action is exempt from review by the definition of ‘‘covered regulatory these requirements.
the Office of Management and Budget action’’ in section 2–202 of the
List of Subjects in 40 CFR Part 52
because it simply extends the date for Executive Order. This action is not
the EPA to take action on a petition. subject to Executive Order 13045 Environmental protection,
because it does not concern an Administrative practices and
B. Paperwork Reduction Act (PRA) environmental health risk or safety risk. procedures, Air pollution control,
This action does not impose an Electric utilities, Incorporation by
H. Executive Order 13211: Actions That reference, Intergovernmental relations,
information collection burden under the Significantly Affect Energy Supply,
PRA. This good cause final action Nitrogen oxides, Ozone.
Distribution or Use
simply extends the date for the EPA to Dated: January 9, 2017.
take action on a petition and does not This action is not subject to Executive
Gina McCarthy,
impose any new obligations or Order 13211 because it is not a
Administrator.
enforceable duties on any state, local or significant regulatory action under
Executive Order 12866. [FR Doc. 2017–00760 Filed 1–19–17; 8:45 am]
tribal governments or the private sector.
BILLING CODE 6560–50–P
It does not contain any recordkeeping or I. National Technology Transfer and
reporting requirements. Advancement Act (NTTAA)
C. Regulatory Flexibility Act (RFA) This rulemaking does not involve DEPARTMENT OF HOMELAND
This action is not subject to the RFA. technical standards. SECURITY
The RFA applies only to rules subject to J. Executive Order 12898: Federal
notice-and-comment rulemaking Federal Emergency Management
Actions To Address Environmental Agency
requirements under the APA, 5 U.S.C. Justice in Minority Populations and
553, or any other statute. This rule is not Low-Income Populations
subject to notice-and-comment 44 CFR Part 64
requirements because the agency has The EPA believes that this action is
[Docket ID FEMA–2016–0002; Internal
invoked the APA good cause exemption not subject to Executive Order 12898 (59 Agency Docket No. FEMA–8463]
under 5 U.S.C. 553(b). FR 7629, February 16, 1994) because it
does not establish an environmental Suspension of Community Eligibility
D. Unfunded Mandates Reform Act health or safety standard. This good
(UMRA) cause final action simply extends the AGENCY: Federal Emergency
This action does not contain any date for the EPA to take action on a Management Agency, DHS.
unfunded mandate of $100 million or petition and does not have any impact ACTION: Final rule.
more as described in UMRA, 2 U.S.C. on human health or the environment.
1531–1538, and does not significantly or SUMMARY: This rule identifies
K. Congressional Review Act (CRA) communities where the sale of flood
uniquely affect small governments. The
action imposes no enforceable duty on This action is subject to the CRA, and insurance has been authorized under
any state, local or tribal governments or the EPA will submit a rule report to the National Flood Insurance Program
the private sector. each House of the Congress and to the (NFIP) that are scheduled for
Comptroller General of the United suspension on the effective dates listed
E. Executive Order 13132: Federalism States. The CRA allows the issuing within this rule because of
This action does not have federalism agency to make a rule effective sooner noncompliance with the floodplain
implications. It will not have substantial than otherwise provided by the CRA if management requirements of the
direct effects on the states, on the the agency makes a good cause finding program. If the Federal Emergency
relationship between the national that notice-and-comment rulemaking Management Agency (FEMA) receives
government and the states, or on the procedures are impracticable, documentation that the community has
distribution of power and unnecessary or contrary to the public adopted the required floodplain
responsibilities among the various interest (5 U.S.C. 808(2)). The EPA has management measures prior to the
levels of government. made a good cause finding for this rule effective suspension date given in this
mstockstill on DSK3G9T082PROD with RULES
as discussed in Section II.B of this rule, the suspension will not occur and
F. Executive Order 13175: Consultation document, including the basis for that a notice of this will be provided by
and Coordination With Indian Tribal finding. publication in the Federal Register on a
Governments subsequent date. Also, information
This action does not have tribal IV. Statutory Authority identifying the current participation
implications, as specified in Executive The statutory authority for this action status of a community can be obtained
Order 13175. This good cause final is provided by sections 110, 126 and from FEMA’s Community Status Book
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![7698 Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations
(CSB). The CSB is available at https:// suspension of such communities will be the Regulatory Flexibility Act because
www.fema.gov/national-flood- published in the Federal Register. the National Flood Insurance Act of
insurance-program-community-status- In addition, FEMA publishes a Flood 1968, as amended, Section 1315, 42
book. Insurance Rate Map (FIRM) that U.S.C. 4022, prohibits flood insurance
DATES: The effective date of each
identifies the Special Flood Hazard coverage unless an appropriate public
community’s scheduled suspension is Areas (SFHAs) in these communities. body adopts adequate floodplain
the third date (‘‘Susp.’’) listed in the The date of the FIRM, if one has been management measures with effective
third column of the following tables. published, is indicated in the fourth enforcement measures. The
column of the table. No direct Federal communities listed no longer comply
FOR FURTHER INFORMATION CONTACT: If
financial assistance (except assistance with the statutory requirements, and
you want to determine whether a
pursuant to the Robert T. Stafford after the effective date, flood insurance
particular community was suspended
Disaster Relief and Emergency will no longer be available in the
on the suspension date or for further
Assistance Act not in connection with a communities unless remedial action
information, contact Patricia Suber,
flood) may be provided for construction takes place.
Federal Insurance and Mitigation
or acquisition of buildings in identified Regulatory Classification. This final
Administration, Federal Emergency
SFHAs for communities not rule is not a significant regulatory action
Management Agency, 400 C Street SW.,
participating in the NFIP and identified under the criteria of section 3(f) of
Washington, DC 20472, (202) 646–4149.
for more than a year on FEMA’s initial Executive Order 12866 of September 30,
SUPPLEMENTARY INFORMATION: The NFIP FIRM for the community as having
enables property owners to purchase 1993, Regulatory Planning and Review,
flood-prone areas (section 202(a) of the 58 FR 51735.
Federal flood insurance that is not Flood Disaster Protection Act of 1973,
otherwise generally available from Executive Order 13132, Federalism.
42 U.S.C. 4106(a), as amended). This This rule involves no policies that have
private insurers. In return, communities prohibition against certain types of
agree to adopt and administer local federalism implications under Executive
Federal assistance becomes effective for
floodplain management measures aimed Order 13132.
the communities listed on the date
at protecting lives and new construction shown in the last column. The Executive Order 12988, Civil Justice
from future flooding. Section 1315 of Administrator finds that notice and Reform. This rule meets the applicable
the National Flood Insurance Act of public comment procedures under 5 standards of Executive Order 12988.
1968, as amended, 42 U.S.C. 4022, U.S.C. 553(b), are impracticable and Paperwork Reduction Act. This rule
prohibits the sale of NFIP flood unnecessary because communities listed does not involve any collection of
insurance unless an appropriate public in this final rule have been adequately information for purposes of the
body adopts adequate floodplain notified. Paperwork Reduction Act, 44 U.S.C.
management measures with effective Each community receives 6-month, 3501 et seq.
enforcement measures. The 90-day, and 30-day notification letters List of Subjects in 44 CFR Part 64
communities listed in this document no addressed to the Chief Executive Officer
longer meet that statutory requirement stating that the community will be Flood insurance, Floodplains.
for compliance with program suspended unless the required Accordingly, 44 CFR part 64 is
regulations, 44 CFR part 59. floodplain management measures are amended as follows:
Accordingly, the communities will be met prior to the effective suspension
suspended on the effective date in the date. Since these notifications were PART 64—[AMENDED]
third column. As of that date, flood made, this final rule may take effect
insurance will no longer be available in within less than 30 days. ■ 1. The authority citation for Part 64
the community. We recognize that some National Environmental Policy Act. continues to read as follows:
of these communities may adopt and FEMA has determined that the Authority: 42 U.S.C. 4001 et seq.;
submit the required documentation of community suspension(s) included in Reorganization Plan No. 3 of 1978, 3 CFR,
legally enforceable floodplain this rule is a non-discretionary action 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
management measures after this rule is and therefore the National 3 CFR, 1979 Comp.; p. 376.
published but prior to the actual Environmental Policy Act of 1969 (42
§ 64.6 [Amended]
suspension date. These communities U.S.C. 4321 et seq.) does not apply.
will not be suspended and will continue Regulatory Flexibility Act. The ■ 2. The tables published under the
to be eligible for the sale of NFIP flood Administrator has determined that this authority of § 64.6 are amended as
insurance. A notice withdrawing the rule is exempt from the requirements of follows:
Date certain
Current Federal
Community Effective date authorization/cancellation of
State and location effective assistance no
No. sale of flood insurance in community map date longer available
in SFHAs
Region VII
Missouri:
Jackson County, Unincorporated Areas ...... 290492 June 19, 1974, Emerg; September 29, Jan. 20, 2017 Jan. 20, 2017.
1978, Reg; January 20, 2017, Susp
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Raytown, City of, Jackson County .............. 290176 February 27, 1975, Emerg; September 15, ......do ........... do.
1978, Reg; January 20, 2017, Susp
* do = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
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![Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Rules and Regulations 7699
Dated: January 6, 2017. 2016 and released on December 16, applicable until approved by the Office
Michael M. Grimm, 2016, is published elsewhere in this of Management and Budget (OMB). The
Assistant Administrator for Mitigation, issue. The full text of document FCC Commission, as part of its continuing
Federal Insurance and Mitigation 16–169 will be available for public effort to reduce paperwork burdens, will
Administration, Department of Homeland inspection and copying via ECFS, and invite the general public to comment on
Security, Federal Emergency Management during regular business hours at the these information collection
Agency. FCC Reference Information Center, requirements as required by the
[FR Doc. 2017–01102 Filed 1–19–17; 8:45 am] Portals II, 445 12th Street SW., Room Paperwork Reduction Act (PRA) of
BILLING CODE 9110–12–P CY–A257, Washington, DC 20554. To 1995, Public Law 104–13. The
request materials in accessible formats Commission will publish a separate
for people with disabilities (Braille, document in the Federal Register
FEDERAL COMMUNICATIONS large print, electronic files, audio announcing approval of the information
COMMISSION format), send an email to fcc504@fcc.gov collection requirements contained in
or call the Consumer and Governmental document FCC 16–169. In addition, the
47 CFR Parts 6, 7, 14, 20, 64, and 67 Affairs Bureau at (202) 418–0530 Commission notes that, pursuant to the
[CG Docket No. 16–145 and GN Docket No. (voice), (844) 432–2272 (videophone), or Small Business Paperwork Relief Act of
15–178; FCC 16–169] (202) 418–0432 (TTY). 2002, Public Law 107–198, 44 U.S.C.
3506(c)(4), the Commission previously
Incorporation by Reference
Transition From TTY to Real-Time Text sought comment on how the
Technology The Office of Federal Register (OFR) Commission might ‘‘further reduce the
recently revised its regulations to information burden for small business
AGENCY: Federal Communications require that agencies must discuss in the concerns with fewer than 25
Commission. preamble of a final rule ways that the employees.’’ Transition from TTY to
ACTION: Final rule. materials the agency is incorporating by Real-Time Text Technology; Petition for
reference are reasonably available to Rulemaking to Update the
SUMMARY: In this document, the interested parties or how it worked to Commission’s Rules for Access to
Commission adopts amendments to its make those materials reasonably Support the Transition from TTY to
rules to facilitate a transition from available to interested parties. In Real-Time Text Technology, and
outdated text telephone (TTY) addition, the preamble of the final rule Petition for Waiver of Rules Requiring
technology to a reliable and must summarize the material. The Support of TTY Technology, Notice of
interoperable means of providing real- Internet Engineering Task Force (IETF) Proposed Rulemaking, published at 81
time text (RTT) communication for Request for Comments (RFC) 4103, Real- FR 33170, May 25, 2016 (NPRM).
people who are deaf, hard of hearing, time Transport Protocol Payload for
deaf-blind, or have a speech disability Text Conversation, June 2005, Gunnar Synopsis
over Internet Protocol (IP) enabled Hellstrom & Paul E. Jones, provides 1. In document FCC 16–169, the
networks and services. technical specifications for carrying Commission amends its rules to
DATES: Document FCC 16–169 will real-time text conversation session facilitate a transition from text
become effective February 22, 2017. The contents in RTP packets on Internal telephone (TTY) technology to real-time
incorporation by reference of certain Protocol-based communications text (RTT) as a reliable and
publications listed in the rules is networks. This document is available interoperable universal text solution
approved by the Director of the Federal for download at the Internet Engineering over wireless Internet protocol (IP)
Register as of February 22, 2017. Task Force Web site at http://ietf.org or enabled networks for people who are
ADDRESSES: Federal Communications directly at https://www.ietf.org/rfc/ deaf, hard of hearing, deaf-blind, or
Commission, 445 12th Street SW., rfc4103.txt, and is available for have a speech disability (collectively,
Washington, DC 20554. inspection at the Federal ‘‘people with disabilities’’ or ‘‘text-
FOR FURTHER INFORMATION CONTACT: Communications Commission, 445 12th reliant users’’). The instant proceeding
Michael Scott, Consumer and St. SW., Reference Information Center, responds to a petition filed by AT&T in
Governmental Affairs Bureau, at (202) Room CY–A257, Washington, DC 20554, June 2015, requesting the Commission
418–1264; email: Michael.Scott@fcc.gov (202) 418–0270. It is also available for to update its accessibility rules to allow
or Suzy Rosen Singleton, Consumer and inspection at the National Archives and RTT to replace TTY technology over IP-
Governmental Affairs Bureau, at (202) Records Administration (NARA). For based networks. On April 28, 2016, the
510–9446; email: Suzanne.Singleton@ information on the availability of this Commission adopted an NPRM
fcc.gov. material at NARA, call 202–741–6030 or proposing to amend its rules to facilitate
go to http://www.archives.gov/federal_ an effective and seamless transition
SUPPLEMENTARY INFORMATION: This is a register/code_of_federal_regulations/ from TTY technology to RTT over
summary of the Commission’s ibr_locations.html. wireless IP-based networks and services.
Transition from TTY to Real-Time Text In response, 25 parties filed comments
Technology; Petition for Rulemaking to Congressional Review Act and 13 filed reply comments.
Update the Commission’s Rules for The Commission will send a copy of
Access to Support the Transition from RTT Is an Effective and Efficient
document FCC 16–169 to Congress and
TTY to Real-Time Text Technology, and Replacement for TTY Technology
the Government Accountability Office
Petition for Waiver of Rules Requiring pursuant to the Congressional Review 2. There is consensus among the
mstockstill on DSK3G9T082PROD with RULES
Support of TTY Technology, Report and Act, see 5 U.S.C. 801(a)(1)(A). commenters that, in light of its technical
Order, document FCC 16–169, adopted and functional limitations, TTY
on December 15, 2016 and released on Final Paperwork Reduction Act of 1995 technology needs to be replaced with an
December 16, 2016, in CG Docket No. Analysis alternative text technology for IP-based
16–145, GN Docket No. 15–178. The Paragraphs 42 and 43 of document networks. The Commission adopts its
Further Notice of Proposed Rulemaking, FCC 16–169 contain new information tentative conclusion that RTT is an
FCC 16–169, adopted on December 15, collection requirements, which are not effective alternative to TTY technology
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Document Created: 2017-01-20 01:29:27
Document Modified: 2017-01-20 01:29:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
| Contact | If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149. | |
| FR Citation | 82 FR 7697 | |
| CFR Associated | Flood Insurance and Floodplains |
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