83 FR 23610 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 83, Issue 99 (May 22, 2018)
Federal Emergency Management Agency
Federal Register Volume 83, Issue 99 (May 22, 2018)
| Page Range | 23610-23611 | |
| FR Document | 2018-10844 |
[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)] [Rules and Regulations] [Pages 23610-23611] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10844] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8531] 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 [[Page 23611]] 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 assist- ance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region V Illinois: Mason County, 170463 January 19, 1977, June 6, 2018.......... June 6, 2018. Unincorporated Areas. Emerg; February 1, 1984, Reg; June 6, 2018, Susp. Region VIII North Dakota: Harvey, City of, 380231 July 31, 1975, June 6, 2018.......... June 6, 2018. Wells County. Emerg; August 5, 1986, Reg; June 6, 2018, Susp. ---------------------------------------------------------------------------------------------------------------- -do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: May 14, 2018. Eric Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2018-10844 Filed 5-21-18; 8:45 am] BILLING CODE 9110-12-P
![23610 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Rules and Regulations
PART 414—PAYMENT FOR PART B DEPARTMENT OF HOMELAND insurance unless an appropriate public
MEDICAL AND OTHER HEALTH SECURITY body adopts adequate floodplain
SERVICES management measures with effective
Federal Emergency Management enforcement measures. The
■ 1. The authority citation for part 414 Agency communities listed in this document no
continues to read as follows: longer meet that statutory requirement
Authority: Secs. 1102, 1871, and 1881(b)(l) 44 CFR Part 64 for compliance with program
of the Social Security Act (42 U.S.C. 1302, [Docket ID FEMA–2018–0002; Internal
regulations, 44 CFR part 59.
1395hh, and 1395rr(b)(l)). Accordingly, the communities will be
Agency Docket No. FEMA–8531]
■ 2. Section 414.1370 is amended by suspended on the effective date in the
revising paragraphs (g)(1)(ii)(B) and Suspension of Community Eligibility third column. As of that date, flood
(h)(5)(i)(B) to read as follows: insurance will no longer be available in
AGENCY: Federal Emergency the community. We recognize that some
§ 414.1370 APM scoring standard under Management Agency, DHS. of these communities may adopt and
MIPS. ACTION: Final rule. submit the required documentation of
* * * * * legally enforceable floodplain
(g) * * * SUMMARY: This rule identifies management measures after this rule is
(1) * * * communities where the sale of flood published but prior to the actual
(ii) * * * insurance has been authorized under
(B) Quality Improvement Score. suspension date. These communities
the National Flood Insurance Program will not be suspended and will continue
Beginning in 2018, for an APM Entity (NFIP) that are scheduled for
for which CMS calculated a total quality to be eligible for the sale of NFIP flood
suspension on the effective dates listed insurance. A notice withdrawing the
performance category score for the within this rule because of
previous MIPS performance period, suspension of such communities will be
noncompliance with the floodplain published in the Federal Register.
CMS calculates a quality improvement management requirements of the In addition, FEMA publishes a Flood
score for the APM Entity group, as program. If the Federal Emergency Insurance Rate Map (FIRM) that
specified in § 414.1380(b)(1)(xvi). Management Agency (FEMA) receives identifies the Special Flood Hazard
* * * * * documentation that the community has Areas (SFHAs) in these communities.
(h) * * * adopted the required floodplain The date of the FIRM, if one has been
(5) * * * management measures prior to the published, is indicated in the fourth
(i) * * * effective suspension date given in this
(B) Beginning in 2018, the advancing column of the table. No direct Federal
rule, the suspension will not occur and financial assistance (except assistance
care information performance category a notice of this will be provided by
is reweighted to 75 percent and the pursuant to the Robert T. Stafford
publication in the Federal Register on a Disaster Relief and Emergency
improvement activities performance
subsequent date. Also, information Assistance Act not in connection with a
category is reweighted to 25 percent.
identifying the current participation flood) may be provided for construction
* * * * * status of a community can be obtained or acquisition of buildings in identified
§ 414.1380 [Amended] from FEMA’s Community Status Book SFHAs for communities not
(CSB). The CSB is available at https:// participating in the NFIP and identified
■ 3. Section 414.1380 is amended in www.fema.gov/national-flood- for more than a year on FEMA’s initial
paragraph (b)(1)(xvi)(F) by removing the insurance-program-community-status- FIRM for the community as having
reference ‘‘§§ 414.1330’’ and adding in book. flood-prone areas (section 202(a) of the
its place the reference ‘‘§§ 414.1335’’. Flood Disaster Protection Act of 1973,
■ 4. Section 414.1420 is amended by DATES: The effective date of each
community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This
revising paragraph (d)(3)(i) to read as prohibition against certain types of
follows: the third date (‘‘Susp.’’) listed in the
third column of the following tables. Federal assistance becomes effective for
§ 414.1420 Other payer advanced APM the communities listed on the date
FOR FURTHER INFORMATION CONTACT: If
criteria. shown in the last column. The
you want to determine whether a Administrator finds that notice and
* * * * * particular community was suspended
(d) * * * public comment procedures under 5
on the suspension date or for further U.S.C. 553(b), are impracticable and
(3) * * * information, contact Adrienne L.
(i) For the 2019 and 2020 QP unnecessary because communities listed
Sheldon, PE, CFM, Federal Insurance in this final rule have been adequately
Performance Periods, 8 percent of the
and Mitigation Administration, Federal notified.
total combined revenues from the payer
Emergency Management Agency, 400 C Each community receives 6-month,
to providers and other entities under the
Street SW, Washington, DC 20472, (202) 90-day, and 30-day notification letters
payment arrangement if financial risk is
212–3966. addressed to the Chief Executive Officer
expressly defined in terms of revenue;
or, 3 percent of the expected SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be
expenditures for which an APM Entity enables property owners to purchase suspended unless the required
is responsible under the payment Federal flood insurance that is not floodplain management measures are
arrangement; or otherwise generally available from met prior to the effective suspension
private insurers. In return, communities date. Since these notifications were
* * * * *
agree to adopt and administer local made, this final rule may take effect
amozie on DSK3GDR082PROD with RULES
Dated: May 16. 2018. floodplain management measures aimed within less than 30 days.
Ann C. Agnew, at protecting lives and new construction National Environmental Policy Act.
Executive Secretary to the Department, from future flooding. Section 1315 of FEMA has determined that the
Department of Health and Human Services. the National Flood Insurance Act of community suspension(s) included in
[FR Doc. 2018–10923 Filed 5–21–18; 8:45 am] 1968, as amended, 42 U.S.C. 4022, this rule is a non-discretionary action
BILLING CODE 4120–01–P prohibits the sale of NFIP flood and therefore the National
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![Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Rules and Regulations 23611
Environmental Policy Act of 1969 (42 Regulatory Classification. This final List of Subjects in 44 CFR Part 64
U.S.C. 4321 et seq.) does not apply. rule is not a significant regulatory action
Regulatory Flexibility Act. The under the criteria of section 3(f) of Flood insurance, Floodplains.
Administrator has determined that this Executive Order 12866 of September 30, Accordingly, 44 CFR part 64 is
rule is exempt from the requirements of 1993, Regulatory Planning and Review, amended as follows:
the Regulatory Flexibility Act because 58 FR 51735.
the National Flood Insurance Act of PART 64—[AMENDED]
Executive Order 13132, Federalism.
1968, as amended, Section 1315, 42 This rule involves no policies that have
U.S.C. 4022, prohibits flood insurance ■ 1. The authority citation for part 64
federalism implications under Executive continues to read as follows:
coverage unless an appropriate public Order 13132.
body adopts adequate floodplain Authority: 42 U.S.C. 4001 et seq.;
management measures with effective Executive Order 12988, Civil Justice Reorganization Plan No. 3 of 1978, 3 CFR,
enforcement measures. The Reform. This rule meets the applicable 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
communities listed no longer comply standards of Executive Order 12988. 3 CFR, 1979 Comp.; p. 376.
with the statutory requirements, and Paperwork Reduction Act. This rule
§ 64.6 [Amended]
after the effective date, flood insurance does not involve any collection of
will no longer be available in the information for purposes of the ■ 2. The tables published under the
communities unless remedial action Paperwork Reduction Act, 44 U.S.C. authority of § 64.6 are amended as
takes place. 3501 et seq. follows:
Date certain
Federal assist-
Community Effective date authorization/cancellation Current effective
State and location ance no longer
No. of sale of flood insurance in community map date available in
SFHAs
Region V
Illinois: Mason County, Unincorporated 170463 January 19, 1977, Emerg; February 1, June 6, 2018 .... June 6, 2018.
Areas. 1984, Reg; June 6, 2018, Susp.
Region VIII
North Dakota: Harvey, City of, Wells County 380231 July 31, 1975, Emerg; August 5, 1986, Reg; June 6, 2018 .... June 6, 2018.
June 6, 2018, Susp.
-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: May 14, 2018. discontinuance rules. The document Federal Register announcing the
Eric Letvin, incorrectly referred to the Commission’s effective date of those rules.
Deputy Assistant Administrator for discontinuance rules rather than its
Correction
Mitigation, Federal Insurance and Mitigation network change disclosure rules.
Administration, Department of Homeland
DATES: The correction is effective May
In the Federal Register of May 14,
Security, Federal Emergency Management 2018, in FR doc. 2018–09971, on page
Agency. 22, 2018.
22208, in the second column, correct
[FR Doc. 2018–10844 Filed 5–21–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: the ‘‘Summary’’ caption to read:
BILLING CODE 9110–12–P Michele Levy Berlove, Attorney
Federal Communications Commission.
Advisor, Wireline Competition Bureau,
at (202) 418–1477, or by email at Marlene Dortch,
Michele.Berlove@fcc.gov. Secretary.
FEDERAL COMMUNICATIONS
For additional information concerning [FR Doc. 2018–10810 Filed 5–21–18; 8:45 am]
COMMISSION
the Paperwork Reduction Act BILLING CODE 6712–01–P
47 CFR Part 51 information collection requirements,
[WC Docket No. 17–84; FCC 17–154] contact Nicole Ongele at (202) 418–2991
or nicole.ongele@fcc.gov. FEDERAL COMMUNICATIONS
COMMISSION
Accelerating Wireline Broadband SUPPLEMENTARY INFORMATION:
Deployment by Removing Barriers to Summary: In this document, the 47 CFR Part 54
Infrastructure Investment; Correction Commission announces that the Office
of Management and Budget (OMB) has [WC Docket No. 10–90, WT Docket No. 10–
AGENCY: Federal Communications 208; DA 18–427]
Commission. approved, for a period of three years, the
ACTION: Final rule; announcement of information collection associated with
Connect America Fund; Universal
effective date; correction. the Commission’s network change
Service Reform—Mobility Fund
disclosure rules. This document is
SUMMARY: The Federal Communications consistent with the Accelerating AGENCY: Federal Communications
Commission (Commission) published a Wireline Broadband Deployment by Commission.
amozie on DSK3GDR082PROD with RULES
document in the Federal Register on Removing Barriers to Infrastructure ACTION: Final action; requirements and
May 14, 2018, announcing that the Investment Report and Order, procedures.
Office of Management and Budget Declaratory Ruling, and Further Notice
(OMB) has approved, for a period of of Proposed Rulemaking, FCC 17–154, SUMMARY: In this document, the
three years, the information collection which stated that the Commission Wireless Telecommunications Bureau
associated with the Commission’s would publish a document in the and Wireline Competition Bureau (the
VerDate Sep<11>2014 15:59 May 21, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1](https://thefederalregister.org/doc/83_FR_23709/page/2.svg)
Document Created: 2018-11-02 11:09:30
Document Modified: 2018-11-02 11:09:30
| 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 23610 | |
| CFR Associated | Flood Insurance and Floodplains |
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