83 FR 14376 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range		14376-14378
FR Document		2018-06818

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 65 (Wednesday, April 4, 2018)

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14376-14378]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06818]

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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-8525]

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

[[Page 14377]]

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 tables in
the amendment.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact 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, 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 IV

Florida:
Cross City, Town of, Dixie 120074 June 26, 1975, April 18, 2018........ April 18, 2018
County. Emerg; September
16, 1982, Reg;
April 18, 2018,
Susp.
Dixie County, 120336 April 14, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; November
2, 1983, Reg;
April 18, 2018,
Susp.

[[Page 14378]]

Region VII

Kansas:
Assaria, City of, Saline 200385 November 3, 1975, ......do.............. Do.
County. Emerg; July 6,
1984, Reg; April
18, 2018, Susp.
Brookville, City of, 200394 August 17, 1976, ......do.............. Do.
Saline County. Emerg; January 4,
1985, Reg; April
18, 2018, Susp.
Gypsum, City of, Saline 200317 January 7, 1974, ......do.............. Do.
County. Emerg; November
25, 1980, Reg;
April 18, 2018,
Susp.
Salina, City of, Saline 200319 July 2, 1974, ......do.............. Do.
County. Emerg; February
5, 1986, Reg;
April 18, 2018,
Susp.
Missouri: Morgan County, 290244 February 28, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 2001, Reg;
April 18, 2018,
Susp.
Region VIII
Colorado:
Arapahoe County, 080011 February 4, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; August 15,
1977, Reg; April
18, 2018, Susp.
Columbine Valley, Town of, 080014 May 18, 1973, ......do.............. Do.
Arapahoe County. Emerg; June 15,
1978, Reg; April
18, 2018, Susp.
Englewood, City of, 085074 February 26, 1971, April 18, 2018........ April 18, 2018
Arapahoe County. Emerg; February
11, 1972, Reg;
April 18, 2018,
Susp.
----------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: March 23, 2018.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2018-06818 Filed 4-3-18; 8:45 am]
BILLING CODE 9110-12-P

14376 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations

• Building material and supplies a joint submission on the compliance including documents that are referenced
dealers (NAICS code 4441). issues related to the order. On March 9, within the documents that are included
• Manufactured (mobile) home 2018, the plaintiffs, EPA, and in the docket, even if the referenced
dealers (NAICS code 45393). representatives of several industry document is not physically located in
• Motor home manufacturing (NAICS groups filed a joint proposed stipulation the docket. For assistance in locating
code 336213). and proposed order (Refs. 2, 3). After these other documents, please consult
• Travel trailer and camper reviewing the joint proposed stipulation the person listed under FOR FURTHER
manufacturing (NAICS code 336214). and proposed order, on March 13, 2018, INFORMATION CONTACT.
• Recreational vehicle (RV) dealers the Court issued an order pursuant to 1. Sierra Club and A Community Voice-
(NAICS code 441210). the stipulation and good cause shown Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
• Recreational vehicle merchant that lifted the February 16, 2018 stay on 06293–JSW; (United States District Court for
wholesalers (NAICS code 423110). the Court’s decision as of June 1, 2018, the Northern District of California, February
• Engineering services (NAICS code which results in the compliance date for 16, 2018). Order Re: Cross-Motions for
541330). emission standards, recordkeeping, and Summary Judgement.
• Testing laboratories (NAICS code labeling (i.e., the manufactured-by date 2. Sierra Club and A Community Voice-
541380). or import-by date) being June 1, 2018, Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
• Administrative management and rather than December 12, 2018 (Ref. 4). 06293–JSW; (United States District Court for
general management consulting services the Northern District of California, March 9,
EPA is making available the February 2018) Joint Proposed Stipulation.
(NAICS code 541611). 16, 2018 order, the joint proposed 3. Sierra Club and A Community Voice-
• All other professional, scientific, stipulation, the proposed order, and the Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
and technical services (NAICS code March 13, 2018 order in the supporting 06293–JSW; (United States District Court for
541990). documents section of the docket for this the Northern District of California, March 9,
• All other support services (NAICS announcement. 2018) Proposed Order.
code 561990). 4. Sierra Club and A Community Voice-
• Business associations (NAICS code III. Current Status of Compliance Dates Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
813910). By June 1, 2018, and until March 22, 06293–JSW; (United States District Court for
• Professional organizations (NAICS 2019, regulated composite wood panels the Northern District of California, March 9,
code 813920). and finished products containing such 2018) Final Order.
If you have any questions regarding composite wood panels that are Authority: 15 U.S.C. 2697 (TSCA section
this announcement, please consult the manufactured (in the United States) or 601).
technical person listed under FOR imported (into the United States) must Dated: March 29, 2018.
FURTHER INFORMATION CONTACT. be certified as compliant with either the Charlotte Bertrand,
B. How can I get copies of this document TSCA Title VI or the California Air Acting Principal Deputy Assistant
and other related information? Resources Board (CARB) Airborne Toxic Administrator, Office of Chemical Safety and
Control Measures (ATCM) Phase II Pollution Prevention.
The docket for this announcement, emission standards, which are set at [FR Doc. 2018–06884 Filed 4–3–18; 8:45 am]
identified by docket identification (ID) identical levels, by a third-party certifier BILLING CODE 6560–50–P
number EPA–HQ–OPPT–2016–0244, is (TPC) approved by CARB and
available at http://www.regulations.gov recognized by EPA. Previously, these
or at the Office of Pollution Prevention products were required to be TSCA Title
and Toxics Docket (OPPT Docket), DEPARTMENT OF HOMELAND
VI compliant by December 12, 2018. SECURITY
Environmental Protection Agency Until March 22, 2019, regulated
Docket Center (EPA/DC), West William products certified as compliant with the Federal Emergency Management
Jefferson Clinton Bldg., Rm. 3334, 1301 CARB ATCM Phase II emission Agency
Constitution Ave. NW, Washington, DC. standards must be labeled as compliant
The Public Reading Room is open from with either the TSCA Title VI or the 44 CFR Part 64
8:30 a.m. to 4:30 p.m., Monday through CARB ATCM Phase II emission
Friday, excluding legal holidays. The standards. [Docket ID FEMA–2018–0002; Internal
telephone number for the Public After March 22, 2019, CARB- Agency Docket No. FEMA–8525]
Reading Room is (202) 566–1744, and approved TPCs must comply with
the telephone number for the OPPT Suspension of Community Eligibility
additional accreditation requirements in
Docket is (202) 566–0280. Please review order to remain recognized as an EPA AGENCY: Federal Emergency
the visitor instructions and additional TSCA Title VI TPC and to continue Management Agency, DHS.
information about the docket available certifying products as TSCA Title VI ACTION: Final rule.
at http://www.epa.gov/dockets. compliant. Regulated products
manufactured in or imported into the SUMMARY: This rule identifies
II. Announcement of Court Order communities where the sale of flood
United States after March 22, 2019 may
On February 16, 2018, the United not rely on the CARB reciprocity of 40 insurance has been authorized under
States District Court for the Northern CFR 770.15(e) and must be certified and the National Flood Insurance Program
District of California issued an order labeled as TSCA Title VI compliant by (NFIP) that are scheduled for
granting the plaintiffs’ motion for an EPA TSCA Title VI TPC with all of suspension on the effective dates listed
summary judgment and denying EPA’s the required accreditations. within this rule because of
cross-motion for summary judgment in noncompliance with the floodplain
amozie on DSK30RV082PROD with RULES

the case of Sierra Club and A IV. References management requirements of the
Community Voice-Louisiana vs. Scott The following is a listing of the program. If the Federal Emergency
Pruitt, Case No. 4:17–cv–6293–JSW (Ref. documents that are specifically Management Agency (FEMA) receives
1). However, the Court stayed the referenced in this document. The docket documentation that the community has
February 16, 2018 order until March 9, includes these documents and other adopted the required floodplain
2018, so that the parties could work on information considered by EPA, management measures prior to the

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Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations 14377

effective suspension date given in this management measures after this rule is Regulatory Flexibility Act. The
rule, the suspension will not occur and published but prior to the actual Administrator has determined that this
a notice of this will be provided by suspension date. These communities rule is exempt from the requirements of
publication in the Federal Register on a will not be suspended and will continue the Regulatory Flexibility Act because
subsequent date. Also, information to be eligible for the sale of NFIP flood the National Flood Insurance Act of
identifying the current participation insurance. A notice withdrawing the 1968, as amended, Section 1315, 42
status of a community can be obtained suspension of such communities will be U.S.C. 4022, prohibits flood insurance
from FEMA’s Community Status Book published in the Federal Register. coverage unless an appropriate public
(CSB). The CSB is available at https:// In addition, FEMA publishes a Flood body adopts adequate floodplain
www.fema.gov/national-flood- Insurance Rate Map (FIRM) that management measures with effective
insurance-program-community-status- identifies the Special Flood Hazard enforcement measures. The
book. Areas (SFHAs) in these communities. communities listed no longer comply
DATES: The effective date of each The date of the FIRM, if one has been with the statutory requirements, and
community’s scheduled suspension is published, is indicated in the fourth after the effective date, flood insurance
the third date (‘‘Susp.’’) listed in the column of the table. No direct Federal will no longer be available in the
third column of the tables in the financial assistance (except assistance communities unless remedial action
amendment. pursuant to the Robert T. Stafford takes place.
FOR FURTHER INFORMATION CONTACT: If
Disaster Relief and Emergency Regulatory Classification. This final
you want to determine whether a Assistance Act not in connection with a rule is not a significant regulatory action
particular community was suspended flood) may be provided for construction under the criteria of section 3(f) of
on the suspension date or for further or acquisition of buildings in identified Executive Order 12866 of September 30,
information, contact Adrienne L. SFHAs for communities not 1993, Regulatory Planning and Review,
Sheldon, PE, CFM, Federal Insurance participating in the NFIP and identified 58 FR 51735.
and Mitigation Administration, Federal for more than a year on FEMA’s initial Executive Order 13132, Federalism.
Emergency Management Agency, 400 C FIRM for the community as having This rule involves no policies that have
Street SW, Washington, DC 20472, (202) flood-prone areas (section 202(a) of the federalism implications under Executive
212–3966. Flood Disaster Protection Act of 1973, Order 13132.
SUPPLEMENTARY INFORMATION: The NFIP
42 U.S.C. 4106(a), as amended). This
Executive Order 12988, Civil Justice
enables property owners to purchase prohibition against certain types of
Reform. This rule meets the applicable
Federal flood insurance that is not Federal assistance becomes effective for
standards of Executive Order 12988.
otherwise generally available from the communities listed on the date
shown in the last column. The Paperwork Reduction Act. This rule
private insurers. In return, communities does not involve any collection of
agree to adopt and administer local Administrator finds that notice and
public comment procedures under 5 information for purposes of the
floodplain management measures aimed Paperwork Reduction Act, 44 U.S.C.
at protecting lives and new construction U.S.C. 553(b), are impracticable and
unnecessary because communities listed 3501 et seq.
from future flooding. Section 1315 of
the National Flood Insurance Act of in this final rule have been adequately List of Subjects in 44 CFR Part 64
1968, as amended, 42 U.S.C. 4022, notified.
Each community receives 6-month, Flood insurance, Floodplains.
prohibits the sale of NFIP flood
insurance unless an appropriate public 90-day, and 30-day notification letters Accordingly, 44 CFR part 64 is
body adopts adequate floodplain addressed to the Chief Executive Officer amended as follows:
management measures with effective stating that the community will be
enforcement measures. The suspended unless the required PART 64—[AMENDED]
communities listed in this document no floodplain management measures are
longer meet that statutory requirement met prior to the effective suspension ■ 1. The authority citation for Part 64
for compliance with program date. Since these notifications were continues to read as follows:
regulations, 44 CFR part 59. made, this final rule may take effect Authority: 42 U.S.C. 4001 et seq.;
Accordingly, the communities will be within less than 30 days. Reorganization Plan No. 3 of 1978, 3 CFR,
suspended on the effective date in the National Environmental Policy Act. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
third column. As of that date, flood FEMA has determined that the 3 CFR, 1979 Comp.; p. 376.
insurance will no longer be available in community suspension(s) included in § 64.6 [Amended]
the community. We recognize that some this rule is a non-discretionary action
of these communities may adopt and and therefore the National ■ 2. The tables published under the
submit the required documentation of Environmental Policy Act of 1969 (42 authority of § 64.6 are amended as
legally enforceable floodplain U.S.C. 4321 et seq.) does not apply. follows:

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

Region IV
amozie on DSK30RV082PROD with RULES

Florida:
Cross City, Town of, Dixie County ........ 120074 June 26, 1975, Emerg; September 16, April 18, 2018 ... April 18, 2018
1982, Reg; April 18, 2018, Susp.
Dixie County, Unincorporated Areas ..... 120336 April 14, 1975, Emerg; November 2, 1983, ......do ............... Do.
Reg; April 18, 2018, Susp.

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$14378 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations Date certain Federal Community Effective date authorization/cancellation of Current effective State and location assistance no No. sale of flood insurance in community map date longer available in SFHAs Region VII Kansas: Assaria, City of, Saline County ............. 200385 November 3, 1975, Emerg; July 6, 1984, ......do ............... Do. Reg; April 18, 2018, Susp. Brookville, City of, Saline County .......... 200394 August 17, 1976, Emerg; January 4, 1985, ......do ............... Do. Reg; April 18, 2018, Susp. Gypsum, City of, Saline County ............ 200317 January 7, 1974, Emerg; November 25, ......do ............... Do. 1980, Reg; April 18, 2018, Susp. Salina, City of, Saline County ............... 200319 July 2, 1974, Emerg; February 5, 1986, ......do ............... Do. Reg; April 18, 2018, Susp. Missouri: Morgan County, Unincorporated 290244 February 28, 1997, Emerg; December 1, ......do ............... Do. Areas. 2001, Reg; April 18, 2018, Susp. Region VIII Colorado: Arapahoe County, Unincorporated 080011 February 4, 1972, Emerg; August 15, 1977, ......do ............... Do. Areas. Reg; April 18, 2018, Susp. Columbine Valley, Town of, Arapahoe 080014 May 18, 1973, Emerg; June 15, 1978, Reg; ......do ............... Do. County. April 18, 2018, Susp. Englewood, City of, Arapahoe County .. 085074 February 26, 1971, Emerg; February 11, April 18, 2018 ... April 18, 2018 1972, Reg; April 18, 2018, Susp. -do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: March 23, 2018. Eric Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2018–06818 Filed 4–3–18; 8:45 am] BILLING CODE 9110–12–P amozie on DSK30RV082PROD with RULES VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\04APR1.SGM 04APR1$

Document Created: 2018-11-01 09:11:40
Document Modified: 2018-11-01 09:11:40

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 tables in the amendment.
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 14376
CFR Associated		Flood Insurance and Floodplains

83 FR 14376 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 83, Issue 65 (April 4, 2018)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency