83 FR 31337 - National Flood Insurance Program: Removal of Monroe County Pilot Inspection Program Regulations
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 83, Issue 129 (July 5, 2018)
Federal Emergency Management Agency
Federal Register Volume 83, Issue 129 (July 5, 2018)
| Page Range | 31337-31340 | |
| FR Document | 2018-14477 |
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)] [Rules and Regulations] [Pages 31337-31340] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14477] [[Page 31337]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Parts 59, 61 [Docket ID FEMA-2018-0027] RIN 1660-AA93 National Flood Insurance Program: Removal of Monroe County Pilot Inspection Program Regulations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Emergency Management Agency (FEMA) is revising its regulations to remove a pilot inspection program under the National Flood Insurance Program (NFIP). This pilot inspection program applied to Monroe County, Florida. FEMA terminated this program on June 28, 2013, and is now removing the applicable regulations from the Code of Federal Regulations because they are no longer necessary. DATES: This rule is effective July 5, 2018. ADDRESSES: The docket for this rulemaking is available for inspection using the Federal eRulemaking Portal at http://www.regulations.gov and can be viewed by following that website's instructions. FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, Regulatory Affairs, Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, 202-646-4046, or (email) [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Discussion of the Rule The National Flood Insurance Act of 1968, as amended (NFIA), Title 42 of the United States Code (U.S.C.) 4001 et seq., authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to establish and carry out a National Flood Insurance Program (NFIP) to enable interested persons to purchase insurance against loss resulting from physical damage to or loss of property arising from floods in the United States.\1\ Under the NFIA, FEMA may only grant flood insurance to properties within communities that have adopted adequate land use and control measures.\2\ FEMA implemented a pilot inspection program on June 27, 2000, at 44 CFR 59.30, which applied to structures located in Monroe County, the Village of Islamorada in Monroe County, and the City of Marathon \3\ in Monroe County, Florida. 65 FR 39725, 39748 (June 27, 2000). The pilot program was designed to help the communities verify that structures in these locations complied with the community's floodplain management ordinances and to help FEMA ensure that property owners paid flood insurance premiums to the NFIP commensurate with their flood risk. See 44 CFR 59.30(a); 79 FR 2468 (Jan. 14, 2014). FEMA consulted with the participating communities during the pilot program and in 2013 determined that the communities had fulfilled the requirements of the inspection procedure. As a result, FEMA notified the three participating communities that the pilot inspection procedure under 44 CFR 59.30 would terminate on June 28, 2013, pursuant to 44 CFR 59.30(c)(1), which authorizes the Federal Insurance Administrator to establish the termination date for the pilot program. FEMA published a notice in the Federal Register on January 14, 2014, announcing that the pilot inspection program was terminated for Monroe County, the Village of Islamorada, and the City of Marathon, Florida. See 79 FR 2468 (Jan. 14, 2014). FEMA is now removing section 59.30 as it is no longer necessary. FEMA is also removing Appendices A(4) through A(6) of 44 CFR part 61, which contain the individual endorsements for these three communities to the Standard Flood Insurance Policy (SFIP), indicating their participation in the pilot program. --------------------------------------------------------------------------- \1\ See 42 U.S.C. 4011(a). \2\ See 42 U.S.C. 4022(a)(1). \3\ Although 44 CFR 59.30(a) only lists Monroe County and the Village of Islamorada, Florida, the section provides that the pilot inspection procedure will cover areas within Monroe County that incorporate on or after January 1, 1999. The City of Marathon was incorporated on Nov. 30, 1999, and was therefore also covered by the program. See City of Marathon Charter Sec. 3, at https://library.municode.com/fl/marathon/codes/code_of_ordinances?nodeId=PTICHRELA_SPACH_S3INMUCOLI. --------------------------------------------------------------------------- II. Regulatory Analysis A. Administrative Procedure Act The Administrative Procedure Act (APA) generally requires agencies to publish a notice of proposed rulemaking in the Federal Register and provide interested persons the opportunity to submit comments. See 5 U.S.C. 553(b) and (c). The APA provides an exception to this prior notice and comment requirement for rules of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). This final rule is a procedural rule promulgated for agency efficiency purposes. FEMA is removing regulations related to the Monroe County pilot inspection program which has been terminated. Thus, removing these regulations reflects FEMA's current authority and will not affect the substantive rights or interests of the public. The APA also provides an exception from notice and comment procedures when an agency finds for good cause that those procedures are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). FEMA finds good cause to issue this rule without prior notice or comment, as such procedures are unnecessary. The removal of these regulations will have no substantive effect on the public because the authority for the pilot program has terminated. Further, the APA generally requires that substantive rules incorporate a 30-day delayed effective date. 5 U.S.C. 553(d). This rule, however, is merely procedural and does not impose substantive requirements; thus, FEMA finds that a delayed effective date is unnecessary. B. Executive Orders 12866, ``Regulatory Planning and Review'', 13563, ``Improving Regulation and Regulatory Review'', and 13771, ``Reducing Regulation and Controlling Regulatory Costs'' Executive Orders 13563 (``Improving Regulation and Regulatory Review'') and 12866 (``Regulatory Planning and Review'') direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'') directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a ``significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by OMB. As this rule is not a [[Page 31338]] significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum ``Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs''' (April 5, 2017). FEMA is issuing a final rule that will remove the pilot inspection program at 44 CFR 59.30, which describes inspection procedures to apply to Monroe County, Florida. The pilot program was designed to help the community verify that structures in this community complied with the community's floodplain management ordinances and help the NFIP ensure that property owners paid flood insurance premiums to the NFIP commensurate with their flood risk. FEMA terminated the pilot program on June 28, 2013. FEMA therefore now removes it from regulation. This rulemaking does not impose any changes to current programs and FEMA believes there would not be any costs imposed on State, Federal, Tribal or industry partners or stakeholders as a result of this rule. The benefits of this rule result from removing the codification of a terminated pilot program. This will simplify the CFR and reduce confusion, and further align the regulations with FEMA's current exercises of its authority. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, 110 Stat. 847, 858--9 (Mar. 29, 1996) (5 U.S.C. 601 note) require that special consideration be given to the effects of regulations on small entities. The RFA applies only when an agency is ``required by section 553 . . . to publish general notice of proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA analysis is not required for this rulemaking because FEMA is not required to publish a notice of proposed rulemaking. D. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504, 1531-1536, 1571, pertains to any rulemaking which is likely to result in the promulgation of any rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million (adjusted annually for inflation) or more in any one year. If the rulemaking includes a Federal mandate, the Act requires an agency to prepare an assessment of the anticipated costs and benefits of the Federal mandate. The Act also pertains to any regulatory requirements that might significantly or uniquely affect small governments. Before establishing any such requirements, an agency must develop a plan allowing for input from the affected governments regarding the requirements. FEMA has determined that this rulemaking will not result in the expenditure by State, local, and Tribal governments, in the aggregate, nor by the private sector, of $100,000,000 or more in any one year as a result of a Federal mandate, and it will not significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. E. Paperwork Reduction Act of 1995 As required by the Paperwork Reduction Act of 1995 (PRA), Pub. L. 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.), FEMA may not conduct or sponsor, and a person is not required to respond to, a collection of information unless FEMA obtains approval from the Office of Management and Budget (OMB) for the collection and the collection displays a valid OMB control number. FEMA has determined that this rulemaking does not contain any collections of information as defined by that Act. F. Privacy Act/E-Government Act Under the Privacy Act of 1974, 5 U.S.C. 552a, an agency must determine whether implementation of a proposed regulation will result in a system of records. A ``record'' is any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his/her education, financial transactions, medical history, and criminal or employment history and that contains his/her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. See 5 U.S.C. 552a(a)(4). A ``system of records'' is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. An agency cannot disclose any record which is contained in a system of records except by following specific procedures. The E-Government Act of 2002, 44 U.S.C. 3501 note, also requires specific procedures when an agency takes action to develop or procure information technology that collects, maintains, or disseminates information that is in an identifiable form. This Act also applies when an agency initiates a new collection of information that will be collected, maintained, or disseminated using information technology if it includes any information in an identifiable form permitting the physical or online contacting of a specific individual. The system of record for the NFIP, DHS/FEMA-0003--National Flood Insurance Program Files, was published in the Federal Register on May 19, 2014 (79 FR 28747). This rule does not impact this existing system of record, nor does it create a new system of record. Therefore, this rule does not require coverage under an existing or new Privacy Impact Assessment or System of Records Notice. G. Executive Order 13175, ``Consultation and Coordination With Indian Tribal Governments'' Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency regulations that have Tribal implications, that is, regulations that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Under this Executive Order, to the extent practicable and permitted by law, no agency shall promulgate any regulation that has Tribal implications, that imposes substantial direct compliance costs on Indian Tribal governments, and that is not required by statute, unless funds necessary to pay the direct costs incurred by the Indian Tribal government or the Tribe in complying with the regulation are provided by the Federal government, or the agency consults with Tribal officials. Although Tribes that meet the NFIP eligibility criteria can participate in the NFIP in the same manner as communities,\4\ FEMA has reviewed this final rule under Executive Order 13175 and has determined that it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. [[Page 31339]] This rule removes the pilot inspection program concerning Monroe County, Florida, which FEMA has terminated. The removal of these regulations therefore will have no substantive effect on the public and will not affect the substantive rights or interests of Indian Tribal governments. --------------------------------------------------------------------------- \4\ Although the NFIP does not explicitly reference Tribal governments, FEMA includes Tribal nations in its definition of a community. See 44 CFR 59.1. --------------------------------------------------------------------------- H. Executive Order 13132, ``Federalism'' Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10, 1999, sets forth principles and criteria that agencies must adhere to in formulating and implementing policies that have federalism implications, that is, regulations that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Federal agencies must closely examine the statutory authority supporting any action that would limit the policymaking discretion of the States, and to the extent practicable, must consult with State and local officials before implementing any such action. FEMA has determined that this rulemaking does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, and therefore does not have federalism implications as defined by the Executive Order. I. Executive Order 11988, ``Floodplain Management'' Pursuant to Executive Order 11988, each agency must provide leadership and take action to reduce the risk of flood loss and to minimize the impact of floods on human safety, health and welfare. In addition, each agency must restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities for (1) acquiring, managing, and disposing of Federal lands and facilities; (2) providing Federally undertaken, financed, or assisted construction and improvements; and (3) conducting Federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities. In carrying out these responsibilities, each agency must evaluate the potential effects of any actions it may take in a floodplain; ensure that its planning programs and budget requests reflect consideration of flood hazards and floodplain management; and prescribe procedures to implement the policies and requirements of the Executive Order. Before promulgating any regulation, an agency must determine whether the proposed regulations will affect a floodplain(s), and if so, the agency must consider alternatives to avoid adverse effects and incompatible development in the floodplain(s). If the head of the agency finds that the only practicable alternative consistent with the law and with the policy set forth in Executive Order 11988 is to promulgate a regulation that affects a floodplain(s), the agency must, prior to promulgating the regulation, design or modify the regulation in order to minimize potential harm to or within the floodplain, consistent with the agency's floodplain management regulations and prepare and circulate a notice containing an explanation of why the action is proposed to be located in the floodplain. This rule removes from regulation a previously-terminated pilot program. It is therefore procedural and will not have an effect on land use or floodplain management. J. Executive Order 11990, ``Protection of Wetlands'' Executive Order 11990, ``Protection of Wetlands,'' 42 FR 26961, May 24, 1977, sets forth that each agency must provide leadership and take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands in carrying out the agency's responsibilities for (1) acquiring, managing, and disposing of Federal lands and facilities; and (2) providing Federally undertaken, financed, or assisted construction and improvements; and (3) conducting Federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities. Each agency, to the extent permitted by law, must avoid undertaking or providing assistance for new construction located in wetlands unless the head of the agency finds (1) that there is no practicable alternative to such construction, and (2) that the proposed action includes all practicable measures to minimize harm to wetlands which may result from such use. In carrying out the activities described in Executive Order 11990, each agency must consider factors relevant to a proposal's effect on the survival and quality of the wetlands. Among these factors are: Public health, safety, and welfare, including water supply, quality, recharge and discharge; pollution; flood and storm hazards; and sediment and erosion; maintenance of natural systems, including conservation and long term productivity of existing flora and fauna, species and habitat diversity and stability, hydrologic utility, fish, wildlife, timber, and food and fiber resources; and other uses of wetlands in the public interest, including recreational, scientific, and cultural uses. Because this rule removes from regulation a previously-terminated pilot program, it is procedural and will not have an effect on land use or wetlands. K. National Environmental Policy Act of 1969 (NEPA) Under the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., an agency must prepare an environmental assessment or environmental impact statement for any rulemaking that could significantly affect the quality of the human environment. FEMA has determined that this rulemaking does not significantly affect the quality of the human environment and consequently has not prepared an environmental assessment or environmental impact statement. Rulemaking is a major Federal action subject to NEPA. Categorical exclusion A3 included in the list of exclusion categories at Department of Homeland Security Instruction Manual 023-01-001-01, Revision 01, Implementation of the National Environmental Policy Act, Appendix A, issued November 6, 2014, covers the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, and advisory circulars if they meet certain criteria provided in A3(a-f). This rule meets Categorical Exclusion A3(a), which covers rules of a strictly administrative or procedural nature. L. Congressional Review of Agency Rulemaking Under the Congressional Review of Agency Rulemaking Act (CRA), 5 U.S.C. 801-808, before a rule can take effect, the Federal agency promulgating the rule must submit to Congress and to the Government Accountability Office (GAO) a copy of the rule; a concise general statement relating to the rule, including whether it is a major rule; the proposed effective date of the rule; a copy of any cost-benefit analysis; descriptions of the agency's actions under the Regulatory Flexibility Act and the Unfunded Mandates Reform Act; and any other information or statements required by relevant executive orders. FEMA has sent this final rule to the Congress and to GAO pursuant to the [[Page 31340]] CRA. The rule is not a ``major rule'' within the meaning of the CRA. It will not have an annual effect on the economy of $100,000,000 or more; it will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and it will not have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. List of Subjects in 44 CFR Parts 59 and 61 Flood insurance, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Federal Emergency Management Agency amends 44 CFR Chapter I as follows: PART 59--GENERAL PROVISIONS 0 1. The authority citation for Part 59 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. * * * * * Subpart C--Pilot Inspection Program [Removed] 0 2. Remove subpart C, consisting of Sec. 59.30. * * * * * PART 61--INSURANCE COVERAGE AND RATES 0 3. The authority citation for Part 61 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. * * * * * Appendix A(4) to Part 61 [Removed] 0 4. Remove Appendix A(4) to Part 61. Appendix A(5) to Part 61 [Removed] 0 5. Remove Appendix A(5) to Part 61. Appendix A(6) to Part 61 [Removed] 0 6. Remove Appendix A(6) to Part 61. Brock Long, Administrator, Federal Emergency Management Agency. [FR Doc. 2018-14477 Filed 7-3-18; 8:45 am] BILLING CODE 9111-52-P
![Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations 31337
DEPARTMENT OF HOMELAND a pilot inspection program on June 27, procedural rule promulgated for agency
SECURITY 2000, at 44 CFR 59.30, which applied to efficiency purposes. FEMA is removing
structures located in Monroe County, regulations related to the Monroe
Federal Emergency Management the Village of Islamorada in Monroe County pilot inspection program which
Agency County, and the City of Marathon 3 in has been terminated. Thus, removing
Monroe County, Florida. 65 FR 39725, these regulations reflects FEMA’s
44 CFR Parts 59, 61 39748 (June 27, 2000). The pilot current authority and will not affect the
[Docket ID FEMA–2018–0027] program was designed to help the substantive rights or interests of the
communities verify that structures in public.
RIN 1660–AA93 these locations complied with the The APA also provides an exception
community’s floodplain management from notice and comment procedures
National Flood Insurance Program: when an agency finds for good cause
ordinances and to help FEMA ensure
Removal of Monroe County Pilot that those procedures are impracticable,
that property owners paid flood
Inspection Program Regulations unnecessary, or contrary to the public
insurance premiums to the NFIP
AGENCY: Federal Emergency commensurate with their flood risk. See interest. 5 U.S.C. 553(b)(3)(B). FEMA
Management Agency, DHS. 44 CFR 59.30(a); 79 FR 2468 (Jan. 14, finds good cause to issue this rule
ACTION: Final rule. 2014). FEMA consulted with the without prior notice or comment, as
participating communities during the such procedures are unnecessary. The
SUMMARY: The Federal Emergency pilot program and in 2013 determined removal of these regulations will have
Management Agency (FEMA) is revising that the communities had fulfilled the no substantive effect on the public
its regulations to remove a pilot requirements of the inspection because the authority for the pilot
inspection program under the National procedure. As a result, FEMA notified program has terminated.
Flood Insurance Program (NFIP). This the three participating communities that Further, the APA generally requires
pilot inspection program applied to the pilot inspection procedure under 44 that substantive rules incorporate a 30-
Monroe County, Florida. FEMA CFR 59.30 would terminate on June 28, day delayed effective date. 5 U.S.C.
terminated this program on June 28, 2013, pursuant to 44 CFR 59.30(c)(1), 553(d). This rule, however, is merely
2013, and is now removing the which authorizes the Federal Insurance procedural and does not impose
applicable regulations from the Code of Administrator to establish the substantive requirements; thus, FEMA
Federal Regulations because they are no termination date for the pilot program. finds that a delayed effective date is
longer necessary. FEMA published a notice in the Federal unnecessary.
DATES: This rule is effective July 5, Register on January 14, 2014, B. Executive Orders 12866, ‘‘Regulatory
2018. announcing that the pilot inspection Planning and Review’’, 13563,
ADDRESSES: The docket for this program was terminated for Monroe ‘‘Improving Regulation and Regulatory
rulemaking is available for inspection County, the Village of Islamorada, and Review’’, and 13771, ‘‘Reducing
using the Federal eRulemaking Portal at the City of Marathon, Florida. See 79 FR Regulation and Controlling Regulatory
http://www.regulations.gov and can be 2468 (Jan. 14, 2014). FEMA is now Costs’’
viewed by following that website’s removing section 59.30 as it is no longer Executive Orders 13563 (‘‘Improving
instructions. necessary. FEMA is also removing Regulation and Regulatory Review’’)
Appendices A(4) through A(6) of 44 and 12866 (‘‘Regulatory Planning and
FOR FURTHER INFORMATION CONTACT: Liza
CFR part 61, which contain the Review’’) direct agencies to assess the
Davis, Associate Chief Counsel,
individual endorsements for these three costs and benefits of available regulatory
Regulatory Affairs, Office of Chief
communities to the Standard Flood alternatives and, if regulation is
Counsel, Federal Emergency
Insurance Policy (SFIP), indicating their necessary, to select regulatory
Management Agency, 500 C Street SW,
participation in the pilot program. approaches that maximize net benefits
Washington, DC 20472, 202–646–4046,
or (email) liza.davis@fema.dhs.gov. II. Regulatory Analysis (including potential economic,
SUPPLEMENTARY INFORMATION: environmental, public health and safety
A. Administrative Procedure Act effects, distributive impacts, and
I. Background and Discussion of the The Administrative Procedure Act equity). Executive Order 13563
Rule (APA) generally requires agencies to emphasizes the importance of
The National Flood Insurance Act of publish a notice of proposed rulemaking quantifying both costs and benefits, of
1968, as amended (NFIA), Title 42 of the in the Federal Register and provide reducing costs, of harmonizing rules,
United States Code (U.S.C.) 4001 et seq., interested persons the opportunity to and of promoting flexibility. Executive
authorizes the Administrator of the submit comments. See 5 U.S.C. 553(b) Order 13771 (‘‘Reducing Regulation and
Federal Emergency Management Agency and (c). The APA provides an exception Controlling Regulatory Costs’’) directs
(FEMA) to establish and carry out a to this prior notice and comment agencies to reduce regulation and
National Flood Insurance Program requirement for rules of agency control regulatory costs and provides
(NFIP) to enable interested persons to organization, procedure, or practice. 5 that ‘‘for every one new regulation
purchase insurance against loss U.S.C. 553(b)(A). This final rule is a issued, at least two prior regulations be
resulting from physical damage to or identified for elimination, and that the
loss of property arising from floods in 3 Although 44 CFR 59.30(a) only lists Monroe
cost of planned regulations be prudently
County and the Village of Islamorada, Florida, the managed and controlled through a
the United States.1 Under the NFIA,
sradovich on DSK3GMQ082PROD with RULES
section provides that the pilot inspection procedure
FEMA may only grant flood insurance will cover areas within Monroe County that budgeting process.’’
to properties within communities that incorporate on or after January 1, 1999. The City of The Office of Management and Budget
have adopted adequate land use and Marathon was incorporated on Nov. 30, 1999, and (OMB) has not designated this rule a
was therefore also covered by the program. See City ‘‘significant regulatory action’’ under
control measures.2 FEMA implemented of Marathon Charter § 3, at https://
library.municode.com/fl/marathon/codes/code_of_
section 3(f) of Executive Order 12866.
1 See 42 U.S.C. 4011(a). ordinances?nodeId=PTICHRELA_SPACH_ Accordingly, the rule has not been
2 See 42 U.S.C. 4022(a)(1). S3INMUCOLI. reviewed by OMB. As this rule is not a
VerDate Sep<11>2014 15:52 Jul 03, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\05JYR1.SGM 05JYR1](https://thefederalregister.org/doc/83_FR_31466/page/1.svg)
![31340 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations
CRA. The rule is not a ‘‘major rule’’ DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The
within the meaning of the CRA. It will Magnuson-Stevens Fishery
not have an annual effect on the National Oceanic and Atmospheric Conservation and Management Act
economy of $100,000,000 or more; it Administration (Magnuson-Stevens Act) requires that
will not result in a major increase in each regional fishery management
costs or prices for consumers, 50 CFR Part 679 council submit any FMP amendment it
individual industries, Federal, State, or RIN 0648–XF559 prepares to NMFS for review and
local government agencies, or approval, disapproval, or partial
geographic regions; and it will not have Fisheries of the Exclusive Economic approval by the Secretary of Commerce.
significant adverse effects on Zone Off Alaska; Essential Fish Habitat The Magnuson-Stevens Act also
competition, employment, investment, Amendments requires that NMFS, upon receiving an
productivity, innovation, or on the FMP amendment, immediately publish
ability of United States-based AGENCY: National Marine Fisheries a notification in the Federal Register
enterprises to compete with foreign- Service (NMFS), National Oceanic and announcing that the amendment is
based enterprises in domestic and Atmospheric Administration (NOAA), available for public review and
export markets. Commerce. comment.
ACTION: Notification of agency decision. The Notification of Availability for
List of Subjects in 44 CFR Parts 59 and the Amendments was published in the
61 SUMMARY: The National Marine Federal Register on March 5, 2018 (83
Flood insurance, Reporting and Fisheries Service (NMFS) announces the FR 9257), with a 60-day comment
recordkeeping requirements. approval of Amendment 115 to the period that ended on May 4, 2018.
For the reasons set forth in the Fishery Management Plan (FMP) for NMFS received five comments during
preamble, the Federal Emergency Groundfish of the Bering Sea and the public comment period on the
Management Agency amends 44 CFR Aleutian Islands Management Area, Notification of Availability for the
Chapter I as follows: Amendment 105 to the FMP for Amendments. NMFS is not
Groundfish of the Gulf of Alaska, disapproving any part of these
PART 59—GENERAL PROVISIONS Amendment 49 to the FMP for Bering amendments in response to these
Sea/Aleutian Islands King and Tanner comments. NMFS summarized and
■ 1. The authority citation for Part 59 Crabs, Amendment 13 to the FMP for responded to these comments under
continues to read as follows: the Salmon Fisheries in the EEZ Off Comment and Responses, below.
Authority: 42 U.S.C. 4001 et seq.; Alaska, and Amendment 2 to the FMP NMFS determined that the
Reorganization Plan No. 3 of 1978, 43 FR for Fish Resources of the Arctic Amendments are consistent with the
41943, 3 CFR, 1978 Comp., p. 329; E.O. Management Area, (collectively Magnuson-Stevens Act and other
12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, Amendments). These Amendments applicable laws, and the Secretary of
1979 Comp., p. 376. revise the FMPs by updating the Commerce approved the Amendments
* * * * * description and identification of on May 31, 2018. The March 5, 2018,
essential fish habitat (EFH), and Notiication of Availability contains
Subpart C—Pilot Inspection Program updating information on adverse additional information on this action.
[Removed] impacts to EFH based on the best No changes to Federal regulations are
■ 2. Remove subpart C, consisting of scientific information available. This necessary to implement the
§ 59.30. action is intended to promote the goals Amendments.
and objectives of the Magnuson-Stevens The North Pacific Fishery
* * * * * Fishery Conservation and Management Management Council (Council)
Act, the FMPs, and other applicable prepared the FMPs under the authority
PART 61—INSURANCE COVERAGE
laws. of the Magnuson-Stevens Act, 16 U.S.C.
AND RATES
1801 et seq. Regulations governing U.S.
DATES: The amendments were approved fisheries and implementing the FMPs
■ 3. The authority citation for Part 61 on May 31, 2018.
continues to read as follows: appear at 50 CFR parts 600, 679, and
ADDRESSES: Electronic copies of the 680. Section 303(a)(7) of the Magnuson-
Authority: 42 U.S.C. 4001 et seq.; Amendments, maps of the EFH areas,
Reorganization Plan No. 3 of 1978, 43 FR
Stevens Act requires that each FMP
the Environmental Assessment (EA), describe and identify EFH, minimize to
41943, 3 CFR, 1978 Comp., p. 329; E.O.
and the Final EFH 5-year Summary the extent practicable the adverse effects
12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR,
1979 Comp., p. 376. Report (Summary Report) prepared for of fishing on EFH, and identify other
this action may be obtained from measures to promote the conservation
* * * * *
www.regulations.gov. The Summary and enhancement of EFH. The
Appendix A(4) to Part 61 [Removed] Report is also available at ftp:// Magnuson-Stevens Act defines EFH as
ftp.library.noaa.gov/noaa_ ‘‘those waters and substrate necessary to
■ 4. Remove Appendix A(4) to Part 61.
documents.lib/NMFS/TM_NMFS_ fish for spawning, breeding, feeding, or
Appendix A(5) to Part 61 [Removed] AFKR/TM_NMFS_FAKR_15.pdf. The growth to maturity.’’ Implementing
2017 Impacts to Essential Fish Habitat regulations at § 600.815 list the EFH
■ 5. Remove Appendix A(5) to Part 61.
from Non-fishing Activities in Alaska contents required in each FMP and
Appendix A(6) to Part 61 [Removed] Report (Non-fishing Effects Report) is direct regional fishery management
sradovich on DSK3GMQ082PROD with RULES
available at ftp://ftp.library.noaa.gov/ councils to conduct a complete review
■ 6. Remove Appendix A(6) to Part 61.
noaa_documents.lib/NMFS/TM_NMFS_ of all EFH information at least once
Brock Long, AFKR/TM_NMFS_FAKR_14.pdf. Stone every five years (referred to here as ‘‘the
Administrator, Federal Emergency (2014) is available at https:// 5-year review’’).
Management Agency. spo.nmfs.noaa.gov/pp16.pdf. The Council developed the
[FR Doc. 2018–14477 Filed 7–3–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Amendments as a result of new
BILLING CODE 9111–52–P Megan Mackey, 907–586–7228. information available through the 5-year
VerDate Sep<11>2014 15:52 Jul 03, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\05JYR1.SGM 05JYR1](https://thefederalregister.org/doc/83_FR_31466/page/4.svg)
Document Created: 2018-07-03 23:40:16
Document Modified: 2018-07-03 23:40:16
| 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 | This rule is effective July 5, 2018. | |
| Contact | Liza Davis, Associate Chief Counsel, Regulatory Affairs, Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, 202-646-4046, or (email) [email protected] | |
| FR Citation | 83 FR 31337 | |
| RIN Number | 1660-AA93 | |
| CFR Citation | 44
CFR
59 44 CFR 61 | |
| CFR Associated | Flood Insurance and Reporting and Recordkeeping Requirements |
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