83 FR 18735 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 83 (April 30, 2018)

Page Range		18735-18736
FR Document		2018-09073

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 83 (Monday, April 30, 2018)

[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Rules and Regulations]
[Pages 18735-18736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09073]


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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-8527]


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.

[[Page 18736]]

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 III
 
Pennsylvania:
    Catharine, Township of,           420962  October 4, 1973,    May 2, 2018...........  May 2, 2018.
     Blair County.                             Emerg; August 1,
                                               1980, Reg;
                                              May 2, 2018, Susp.
    Morris, Township of,              421696  August 9, 1982,     ......do *............   Do.
     Huntingdon County.                        Emerg; December
                                               4, 1985, Reg;
                                              May 2, 2018, Susp.
    Spruce Creek, Township of,        422621  February 18, 1975,  ......do .............   Do.
     Huntingdon County.                        Emerg; March 2,
                                               1989, Reg;
                                              May 2, 2018, Susp.
    Tyrone, Township of, Blair        421395  December 17, 1975,  ......do .............   Do.
     County.                                   Emerg; June 18,
                                               1980, Reg;
                                              May 2, 2018, Susp.
    Warriors Mark, Township           421705  November 22, 1977,  ......do .............   Do.
     of, Huntingdon County.                    Emerg; March 2,
                                               1989, Reg;
                                              May 2, 2018, Susp.
----------------------------------------------------------------------------------------------------------------
do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: April 24, 2018.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2018-09073 Filed 4-27-18; 8:45 am]
 BILLING CODE 9110-12-P

Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Rules and Regulations 18735

States 2 is required to hold economic certificate (OST Form 6410).5 A adopted the required floodplain
authority from the Department pursuant stamped OST Form 4507 with an management measures prior to the
to 49 U.S.C. 41101, either in the form of effective date will be sent to the effective suspension date given in this
a ‘‘certificate of public convenience and operator as confirmation of its approved rule, the suspension will not occur and
necessity’’ or in the form of an air taxi registration with the a notice of this will be provided by
exemption from the certificate Department. Initial registrations must be publication in the Federal Register on a
requirement. This authority is separate mailed along with the required filing subsequent date. Also, information
and distinct from any safety authority fee.6 Air taxis located in the State of identifying the current participation
required by the Federal Aviation Alaska must submit their OST Form status of a community can be obtained
Administration (FAA). 4507 and OST Form 6410 to Federal from FEMA’s Community Status Book
Companies proposing to operate UAS Aviation Administration, Alaskan (CSB). The CSB is available at https://
to engage in air transportation, Regional Headquarters, AAL–231, 222 www.fema.gov/national-flood-
including the delivery of goods for West 7th Ave., Box 14, Anchorage, insurance-program-community-status-
compensation, must first obtain Alaska 99513. All other air taxis must book.
certificate or exemption authority from submit their OST Form 4507 and OST DATES: The effective date of each
the Department prior to engaging in the Form 6410 to Federal Aviation community’s scheduled suspension is
air transportation. The Department Administration, AFS–200, Rm. 831, 800 the third date (‘‘Susp.’’) listed in the
intends to use its existing regulatory Independence Ave. SW, Washington, third column of the following tables.
procedures for processing UAS DC 20591. Amendments may be filed FOR FURTHER INFORMATION CONTACT: If
operators’ requests for economic electronically at AFS-260-Insurance@ you want to determine whether a
authority. The Department’s regulation faa.gov. Additional instruction material particular community was suspended
in 14 CFR part 298 (part 298) provides concerning air taxi registration can also on the suspension date or for further
an exemption to air taxi operators from be found in the FAA’s air taxi guidance information, contact Adrienne L.
the certificate requirements of 49 U.S.C. handbook, ‘‘How to Become an On- Sheldon, PE, CFM, Federal Insurance
41101, provided that, among other Demand Air Carrier Operator.’’ and Mitigation Administration, Federal
things, the air carrier is a citizen of the Signed in Washington, DC, on April 24, Emergency Management Agency, 400 C
United States as defined in 49 U.S.C. 2018. Street SW, Washington, DC 20472, (202)
40102(a)(15), maintains liability Joel Szabat, 212–3966.
insurance required by part 205 of our Deputy Assistant Secretary for Aviation and SUPPLEMENTARY INFORMATION: The NFIP
rules (14 CFR part 205), and registers International Affairs. enables property owners to purchase
with the Department.3 The exemption [FR Doc. 2018–09057 Filed 4–27–18; 8:45 am] Federal flood insurance that is not
authority conferred by part 298 is not BILLING CODE 4910–9X–P otherwise generally available from
available to air carriers that operate private insurers. In return, communities
‘‘large’’ aircraft.4 For UAS operators agree to adopt and administer local
looking to transport goods for DEPARTMENT OF HOMELAND floodplain management measures aimed
compensation, an exemption under part SECURITY at protecting lives and new construction
298 is an appropriate form of economic from future flooding. Section 1315 of
authority. The Department will consider Federal Emergency Management the National Flood Insurance Act of
whether granting the exemption is Agency 1968, as amended, 42 U.S.C. 4022,
appropriate based on the specific facts prohibits the sale of NFIP flood
and circumstances of each proposed 44 CFR Part 64 insurance unless an appropriate public
operation. body adopts adequate floodplain
[Docket ID FEMA–2018–0002; Internal management measures with effective
To become an air taxi operator, Agency Docket No. FEMA–8527]
operators must submit a registration enforcement measures. The
application (OST Form 4507) and a Suspension of Community Eligibility communities listed in this document no
current aircraft liability insurance longer meet that statutory requirement
AGENCY: Federal Emergency for compliance with program
Management Agency, DHS. regulations, 44 CFR part 59.
international, or U.S. territorial boundaries, or
wholly within a U.S. territory or the District of ACTION: Final rule. Accordingly, the communities will be
Columbia, or between islands in the State of suspended on the effective date in the
Hawaii; or the transportation of more than a de SUMMARY: This rule identifies third column. As of that date, flood
minimis volume of property moving as part of a communities where the sale of flood
continuous journey when any portion of the
insurance will no longer be available in
journey is conducted by aircraft. The assessment of insurance has been authorized under the community. We recognize that some
whether property transported wholly within one the National Flood Insurance Program of these communities may adopt and
state is more than a de minimis amount or is part (NFIP) that are scheduled for submit the required documentation of
of a continuous journey thereby constituting ‘‘air suspension on the effective dates listed
transportation’’ is specific to the facts and
legally enforceable floodplain
circumstances of each operation. 49 U.S.C. within this rule because of management measures after this rule is
40102(a)(5) and 14 CFR 298.2. noncompliance with the floodplain published but prior to the actual
2 A ‘‘citizen of the United States’’ includes a management requirements of the suspension date. These communities
corporation organized in the United States that (1) program. If the Federal Emergency will not be suspended and will continue
meets certain specified standards regarding the
citizenship of its president, officers and directors,
Management Agency (FEMA) receives to be eligible for the sale of NFIP flood
sradovich on DSK3GMQ082PROD with RULES

and holders of its voting interest and (2) is under documentation that the community has insurance. A notice withdrawing the
the actual control of citizens of the United States. suspension of such communities will be
49 U.S.C. 40102(a)(15). 5 Copies of both forms can be found at: https://
published in the Federal Register.
3 See 14 CFR 298.3, 298.11, and 298.24. www.faa.gov/about/office_org/headquarters_ In addition, FEMA publishes a Flood
4 Large aircraft means any aircraft originally offices/avs/offices/afx/afs/afs200/afs260/
designed to have a maximum passenger capacity of exemptions/. Insurance Rate Map (FIRM) that
more than 60 seats or a maximum payload capacity 6 Filing fee information is available at the above identifies the Special Flood Hazard
of more than 18,000 pounds (See 14 CFR 298.2). link and on OST Form 4507. Areas (SFHAs) in these communities.

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18736 Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Rules and Regulations

The date of the FIRM, if one has been date. Since these notifications were Executive Order 13132, Federalism.
published, is indicated in the fourth made, this final rule may take effect This rule involves no policies that have
column of the table. No direct Federal within less than 30 days. federalism implications under Executive
financial assistance (except assistance National Environmental Policy Act. Order 13132.
pursuant to the Robert T. Stafford FEMA has determined that the Executive Order 12988, Civil Justice
Disaster Relief and Emergency community suspension(s) included in Reform. This rule meets the applicable
Assistance Act not in connection with a this rule is a non-discretionary action standards of Executive Order 12988.
flood) may be provided for construction and therefore the National
or acquisition of buildings in identified Environmental Policy Act of 1969 (42 Paperwork Reduction Act. This rule
SFHAs for communities not U.S.C. 4321 et seq.) does not apply. does not involve any collection of
participating in the NFIP and identified Regulatory Flexibility Act. The information for purposes of the
for more than a year on FEMA’s initial Administrator has determined that this Paperwork Reduction Act, 44 U.S.C.
FIRM for the community as having rule is exempt from the requirements of 3501 et seq.
flood-prone areas (section 202(a) of the the Regulatory Flexibility Act because List of Subjects in 44 CFR Part 64
Flood Disaster Protection Act of 1973, the National Flood Insurance Act of
42 U.S.C. 4106(a), as amended). This 1968, as amended, Section 1315, 42 Flood insurance, Floodplains.
prohibition against certain types of U.S.C. 4022, prohibits flood insurance
Federal assistance becomes effective for coverage unless an appropriate public Accordingly, 44 CFR part 64 is
the communities listed on the date body adopts adequate floodplain amended as follows:
shown in the last column. The management measures with effective
PART 64—[AMENDED]
Administrator finds that notice and enforcement measures. The
public comment procedures under 5 communities listed no longer comply
with the statutory requirements, and ■ 1. The authority citation for Part 64
U.S.C. 553(b), are impracticable and
after the effective date, flood insurance continues to read as follows:
unnecessary because communities listed
in this final rule have been adequately will no longer be available in the Authority: 42 U.S.C. 4001 et seq.;
notified. communities unless remedial action Reorganization Plan No. 3 of 1978, 3 CFR,
Each community receives 6-month, takes place. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
90-day, and 30-day notification letters Regulatory Classification. This final 3 CFR, 1979 Comp.; p. 376.
addressed to the Chief Executive Officer rule is not a significant regulatory action § 64.6 [Amended]
stating that the community will be under the criteria of section 3(f) of
suspended unless the required Executive Order 12866 of September 30, ■ 2. The tables published under the
floodplain management measures are 1993, Regulatory Planning and Review, authority of § 64.6 are amended as
met prior to the effective suspension 58 FR 51735. 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 III
Pennsylvania:
Catharine, Township of, Blair County ... 420962 October 4, 1973, Emerg; August 1, 1980, May 2, 2018 ..... May 2, 2018.
Reg;
May 2, 2018, Susp.
Morris, Township of, Huntingdon Coun- 421696 August 9, 1982, Emerg; December 4, 1985, ......do *...... ....... Do.
ty. Reg;
May 2, 2018, Susp.
Spruce Creek, Township of, Huntingdon 422621 February 18, 1975, Emerg; March 2, 1989, ......do ...... ........ Do.
County. Reg;
May 2, 2018, Susp.
Tyrone, Township of, Blair County ........ 421395 December 17, 1975, Emerg; June 18, 1980, ......do ...... ........ Do.
Reg;
May 2, 2018, Susp.
Warriors Mark, Township of, Hun- 421705 November 22, 1977, Emerg; March 2, ......do ...... ........ Do.
tingdon County. 1989, Reg;
May 2, 2018, Susp.
do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: April 24, 2018.
Eric Letvin,
Deputy Assistant Administrator for
sradovich on DSK3GMQ082PROD with RULES

Mitigation, Federal Insurance and Mitigation
Administration, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2018–09073 Filed 4–27–18; 8:45 am]
BILLING CODE 9110–12–P

VerDate Sep<11>2014 17:01 Apr 27, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 9990 E:\FR\FM\30APR1.SGM 30APR1

Document Created: 2018-04-28 01:04:28
Document Modified: 2018-04-28 01:04:28

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 18735
CFR Associated		Flood Insurance and Floodplains

83 FR 18735 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 83, Issue 83 (April 30, 2018)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency