83 FR 13416 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range		13416-13417
FR Document		2018-06279

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 83 Issue 61 (Thursday, March 29, 2018)

[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13416-13417]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06279]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8523]

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 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 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,

[[Page 13417]]

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 VII

Iowa:
Corwith, City of, Hancock 190407 October 11, 1989, April 4, 2018......... April 4, 2018.
County. Emerg; July 1,
1991, Reg; April
4, 2018, Susp
Forest City, City of, 190283 June 18, 1975, ......do *............ Do.
Hancock and Winnebago Emerg; January 2,
Counties. 1981, Reg; April
4, 2018, Susp
Garner, City of, Hancock 190581 N/A, Emerg; March ......do *............ Do.
County. 24, 2015, Reg;
April 4, 2018,
Susp
Hancock County, 190873 June 16, 1995, ......do *............ Do.
Unincorporated Areas. Emerg; December
2, 2003, Reg;
April 4, 2018,
Susp
Woden, City of, Hancock 190410 July 19, 2012, ......do *............ Do.
County. Emerg; N/A, Reg;
April 4, 2018,
Susp

Region VIII

Colorado:
Brush, City of, Morgan 080130 June 18, 1975, ......do *............ Do.
County. Emerg; December
1, 1977, Reg;
April 4, 2018,
Susp
Fort Morgan, City of, 080131 February 4, 1982, ......do *............ Do.
Morgan County. Emerg; February
5, 1986, Reg;
April 4, 2018,
Susp
Morgan County, 080129 April 22, 1980, ......do *............ Do.
Unincorporated Areas. Emerg; September
29, 1989, Reg;
April 4, 2018,
Susp

Region IX

California:
Thousand Oaks, City of, 060422 November 13, 1970, ......do *............ Do.
Ventura County. Emerg; September
29, 1978, Reg;
April 4, 2018,
Susp
Ventura County, 060413 September 18, ......do *............ Do.
Unincorporated Areas. 1970, Emerg;
October 31, 1985,
Reg; April 4,
2018, Susp
Westlake Village, City of, 060744 N/A, Emerg; April 4, 2018......... April 4, 2018.
Los Angeles and Ventura October 1, 1992,
Counties. Reg; April 4,
2018, Susp
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: March 14, 2018.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2018-06279 Filed 3-28-18; 8:45 am]
BILLING CODE 9110-12-P

13416 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

this technical amendment to be exempt management requirements of the In addition, FEMA publishes a Flood
under 5 U.S.C. 553(d)(3) and that the program. If the Federal Emergency Insurance Rate Map (FIRM) that
rule can become effective upon Management Agency (FEMA) receives identifies the Special Flood Hazard
publication. documentation that the community has Areas (SFHAs) in these communities.
adopted the required floodplain The date of the FIRM, if one has been
List of Subjects in 21 CFR Part 10 management measures prior to the published, is indicated in the fourth
Administrative practice and effective suspension date given in this column of the table. No direct Federal
procedure, News media. rule, the suspension will not occur and financial assistance (except assistance
Therefore, under the Federal Food, a notice of this will be provided by pursuant to the Robert T. Stafford
Drug, and Cosmetic Act and under publication in the Federal Register on a Disaster Relief and Emergency
authority delegated to the Commissioner subsequent date. Also, information Assistance Act not in connection with a
of Food and Drugs, 21 CFR part 10 is identifying the current participation flood) may be provided for construction
amended as follows: status of a community can be obtained or acquisition of buildings in identified
from FEMA’s Community Status Book SFHAs for communities not
PART 10—ADMINISTRATIVE (CSB). The CSB is available at https:// participating in the NFIP and identified
PRACTICES AND PROCEDURES www.fema.gov/national-flood- for more than a year on FEMA’s initial
insurance-program-community-status- FIRM for the community as having
■ 1. The authority citation for part 10 book. flood-prone areas (section 202(a) of the
continues to read as follows: Flood Disaster Protection Act of 1973,
DATES: The effective date of each
Authority: 5 U.S.C. 551–558, 701–706; 15 community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This
U.S.C. 1451–1461; 21 U.S.C. 141–149, 321– the third date (‘‘Susp.’’) listed in the prohibition against certain types of
397, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 third column of the following tables. Federal assistance becomes effective for
U.S.C. 201, 262, 263b, 264. the communities listed on the date
FOR FURTHER INFORMATION CONTACT: If
■ 2. In § 10.115, add two sentences to you want to determine whether a shown in the last column. The
the end of paragraph (f)(3) to read as particular community was suspended Administrator finds that notice and
follows: on the suspension date or for further public comment procedures under 5
information, contact Adrienne L. U.S.C. 553(b), are impracticable and
§ 10.115 Good guidance practices. unnecessary because communities listed
Sheldon, PE, CFM, Federal Insurance
* * * * * and Mitigation Administration, Federal in this final rule have been adequately
(f) * * * Emergency Management Agency, 400 C notified.
(3) * * * If you wish to submit the Street SW, Washington, DC 20472, (202) Each community receives 6-month,
draft of a proposed guidance document 212–3966. 90-day, and 30-day notification letters
electronically, submit it through https:// addressed to the Chief Executive Officer
SUPPLEMENTARY INFORMATION: The NFIP
www.regulations.gov at Docket No. stating that the community will be
enables property owners to purchase
FDA–2013–S–0610. It is only necessary suspended unless the required
Federal flood insurance that is not
to submit one copy. floodplain management measures are
otherwise generally available from
* * * * * private insurers. In return, communities met prior to the effective suspension
Dated: March 20, 2018. agree to adopt and administer local date. Since these notifications were
Leslie Kux, floodplain management measures aimed made, this final rule may take effect
Associate Commissioner for Policy. at protecting lives and new construction within less than 30 days.
from future flooding. Section 1315 of National Environmental Policy Act.
[FR Doc. 2018–06252 Filed 3–28–18; 8:45 am]
the National Flood Insurance Act of FEMA has determined that the
BILLING CODE 4164–01–P
1968, as amended, 42 U.S.C. 4022, community suspension(s) included in
prohibits the sale of NFIP flood this rule is a non-discretionary action
insurance unless an appropriate public and therefore the National
DEPARTMENT OF HOMELAND body adopts adequate floodplain Environmental Policy Act of 1969 (42
SECURITY management measures with effective U.S.C. 4321 et seq.) does not apply.
Federal Emergency Management enforcement measures. The Regulatory Flexibility Act. The
Agency communities listed in this document no Administrator has determined that this
longer meet that statutory requirement rule is exempt from the requirements of
44 CFR Part 64 for compliance with program the Regulatory Flexibility Act because
regulations, 44 CFR part 59. the National Flood Insurance Act of
[Docket ID FEMA–2018–0002; Internal Accordingly, the communities will be 1968, as amended, Section 1315, 42
Agency Docket No. FEMA–8523] suspended on the effective date in the U.S.C. 4022, prohibits flood insurance
third column. As of that date, flood coverage unless an appropriate public
Suspension of Community Eligibility body adopts adequate floodplain
insurance will no longer be available in
AGENCY: Federal Emergency the community. We recognize that some management measures with effective
Management Agency, DHS. of these communities may adopt and enforcement measures. The
ACTION: Final rule. submit the required documentation of communities listed no longer comply
legally enforceable floodplain with the statutory requirements, and
SUMMARY: This rule identifies management measures after this rule is after the effective date, flood insurance
rmajette on DSKBCKNHB2PROD with RULES

communities where the sale of flood published but prior to the actual will no longer be available in the
insurance has been authorized under suspension date. These communities communities unless remedial action
the National Flood Insurance Program will not be suspended and will continue takes place.
(NFIP) that are scheduled for to be eligible for the sale of NFIP flood Regulatory Classification. This final
suspension on the effective dates listed insurance. A notice withdrawing the rule is not a significant regulatory action
within this rule because of suspension of such communities will be under the criteria of section 3(f) of
noncompliance with the floodplain published in the Federal Register. Executive Order 12866 of September 30,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1

Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13417

1993, Regulatory Planning and Review, Paperwork Reduction Act, 44 U.S.C. Authority: 42 U.S.C. 4001 et seq.;
58 FR 51735. 3501 et seq. Reorganization Plan No. 3 of 1978, 3 CFR,
Executive Order 13132, Federalism. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
This rule involves no policies that have List of Subjects in 44 CFR Part 64 3 CFR, 1979 Comp.; p. 376.
federalism implications under Executive Flood insurance, Floodplains.
Order 13132. § 64.6 [Amended]
Accordingly, 44 CFR part 64 is
Executive Order 12988, Civil Justice amended as follows: ■ 2. The tables published under the
Reform. This rule meets the applicable
authority of § 64.6 are amended as
standards of Executive Order 12988. PART 64—[AMENDED]
Paperwork Reduction Act. This rule follows:
does not involve any collection of ■ 1. The authority citation for part 64
information for purposes of the continues to read as follows:

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

Region VII
Iowa:
Corwith, City of, Hancock County ......... 190407 October 11, 1989, Emerg; July 1, 1991, April 4, 2018 ..... April 4, 2018.
Reg; April 4, 2018, Susp
Forest City, City of, Hancock and Win- 190283 June 18, 1975, Emerg; January 2, 1981, ......do * ............. Do.
nebago Counties. Reg; April 4, 2018, Susp
Garner, City of, Hancock County .......... 190581 N/A, Emerg; March 24, 2015, Reg; April 4, ......do * ............. Do.
2018, Susp
Hancock County, Unincorporated Areas 190873 June 16, 1995, Emerg; December 2, 2003, ......do * ............. Do.
Reg; April 4, 2018, Susp
Woden, City of, Hancock County .......... 190410 July 19, 2012, Emerg; N/A, Reg; April 4, ......do * ............. Do.
2018, Susp
Region VIII
Colorado:
Brush, City of, Morgan County .............. 080130 June 18, 1975, Emerg; December 1, 1977, ......do * ............. Do.
Reg; April 4, 2018, Susp
Fort Morgan, City of, Morgan County ... 080131 February 4, 1982, Emerg; February 5, ......do * ............. Do.
1986, Reg; April 4, 2018, Susp
Morgan County, Unincorporated Areas 080129 April 22, 1980, Emerg; September 29, ......do * ............. Do.
1989, Reg; April 4, 2018, Susp
Region IX
California:
Thousand Oaks, City of, Ventura Coun- 060422 November 13, 1970, Emerg; September 29, ......do * ............. Do.
ty. 1978, Reg; April 4, 2018, Susp
Ventura County, Unincorporated Areas 060413 September 18, 1970, Emerg; October 31, ......do * ............. Do.
1985, Reg; April 4, 2018, Susp
Westlake Village, City of, Los Angeles 060744 N/A, Emerg; October 1, 1992, Reg; April 4, April 4, 2018 ..... April 4, 2018.
and Ventura Counties. 2018, Susp
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 14, 2018. FEDERAL COMMUNICATIONS procedures to implement the Mobility
Michael M. Grimm, COMMISSION Fund Phase II challenge process. This
Assistant Administrator for Mitigation, document describes the steps the
Federal Insurance and Mitigation 47 CFR Part 54 Federal Communications Commission
Administration, Department of Homeland will use to establish a map of areas
Security, Federal Emergency Management [WC Docket No. 10–90, WT Docket No. 10– presumptively eligible for MF–II
208; DA 18–186] support from the newly collected,
Agency.
[FR Doc. 2018–06279 Filed 3–28–18; 8:45 am] Procedures for the Mobility Fund standardized 4G Long Term Evolution
BILLING CODE 9110–12–P Phase II Challenge Process coverage data and proposes specific
parameters for the data that challengers
AGENCY: Federal Communications and respondents will submit as part of
Commission. the challenge process, as well as a
ACTION: Final action; requirements and process for validating challenges.
rmajette on DSKBCKNHB2PROD with RULES

procedures. DATES: The challenge window will open
March 29, 2018, and will remain open
SUMMARY: In this document, the Rural
until August 27, 2018.
Broadband Auctions Task Force, with
the Wireline Competition Bureau and ADDRESSES: Submit waivers by email to
the Wireless Telecommunications mf2challengeprocess@fcc.gov or by hard
Bureau, adopt specific parameters and copy to Margaret W. Wiener, Chief,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1

Document Created: 2018-03-29 00:25:37
Document Modified: 2018-03-29 00:25:37

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		83 FR 13416
CFR Associated		Flood Insurance and Floodplains

83 FR 13416 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 83, Issue 61 (March 29, 2018)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency