83 FR 34052 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 83, Issue 139 (July 19, 2018)
Federal Emergency Management Agency
Federal Register Volume 83, Issue 139 (July 19, 2018)
| Page Range | 34052-34053 | |
| FR Document | 2018-15372 |
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)] [Rules and Regulations] [Pages 34052-34053] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15372] [[Page 34052]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8537] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book. DATES: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 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: [[Page 34053]] ---------------------------------------------------------------------------------------------------------------- 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 I Massachusetts: Haverhill, City 250085 April 30, 1974, July 19, 2018......... July 19, 2018. of, Essex County. Emerg; February 16, 1983, Reg; July 19, 2018, Susp Region V Ohio: Fairfield County, 390158 March 21, 1977, ......do *............ Do. Unincorporated Areas. Emerg; April 17, 1989, Reg; July 19, 2018, Susp Lancaster, City of, 390161 July 28, 1975, ......do.............. Do. Fairfield County. Emerg; May 1, 1980, Reg; July 19, 2018, Susp Pickerington, City of, 390162 June 11, 1976, ......do.............. Do. Fairfield and Franklin Emerg; August 5, Counties. 1991, Reg; July 19, 2018, Susp Region VI Oklahoma: Billings, Town of, Noble 400347 September 8, 1983, ......do.............. Do. County. Emerg; June 19, 1985, Reg; July 19, 2018, Susp Tribe of Ponca Indians of 400239 N/A, Emerg; July ......do.............. Do. Oklahoma, Noble and Kay 15, 2008, Reg; Counties. July 19, 2018, Susp Red Rock, Town of, Noble 400135 June 12, 1975, ......do.............. Do. County. Emerg; May 25, 1978, Reg; July 19, 2018, Susp Region IX California: Elk Grove, City of, 060767 N/A, Emerg; ......do.............. Do. Sacramento County. October 15, 2001, Reg; July 19, 2018, Susp Folsom, City of, 060263 March 10, 1977, ......do.............. Do. Sacramento County. Emerg; January 6, 1982, Reg; July 19, 2018, Susp Rancho Cordova, City of, 060772 N/A, Emerg; ......do.............. Do. Sacramento County. September 15, 2004, Reg; July 19, 2018, Susp Sacramento County, 060262 March 31, 1972, ......do.............. Do. Unincorporated Areas. Emerg; March 15, 1979, Reg; July 19, 2018, Susp ---------------------------------------------------------------------------------------------------------------- do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: June 29, 2018. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2018-15372 Filed 7-18-18; 8:45 am] BILLING CODE 9110-12-P
![34052 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND from future flooding. Section 1315 of date. Since these notifications were
SECURITY the National Flood Insurance Act of made, this final rule may take effect
1968, as amended, 42 U.S.C. 4022, within less than 30 days.
Federal Emergency Management prohibits the sale of NFIP flood National Environmental Policy Act.
Agency insurance unless an appropriate public FEMA has determined that the
body adopts adequate floodplain community suspension(s) included in
44 CFR Part 64 management measures with effective this rule is a non-discretionary action
enforcement measures. The and therefore the National
[Docket ID FEMA–2018–0002; Internal
Agency Docket No. FEMA–8537] communities listed in this document no Environmental Policy Act of 1969 (42
longer meet that statutory requirement U.S.C. 4321 et seq.) does not apply.
Suspension of Community Eligibility for compliance with program Regulatory Flexibility Act. The
regulations, 44 CFR part 59. Administrator has determined that this
AGENCY: Federal Emergency Accordingly, the communities will be rule is exempt from the requirements of
Management Agency, DHS. suspended on the effective date in the the Regulatory Flexibility Act because
ACTION: Final rule. third column. As of that date, flood the National Flood Insurance Act of
insurance will no longer be available in 1968, as amended, Section 1315, 42
SUMMARY: This rule identifies the community. We recognize that some U.S.C. 4022, prohibits flood insurance
communities where the sale of flood of these communities may adopt and coverage unless an appropriate public
insurance has been authorized under submit the required documentation of body adopts adequate floodplain
the National Flood Insurance Program legally enforceable floodplain management measures with effective
(NFIP) that are scheduled for management measures after this rule is enforcement measures. The
suspension on the effective dates listed published but prior to the actual communities listed no longer comply
within this rule because of suspension date. These communities with the statutory requirements, and
noncompliance with the floodplain will not be suspended and will continue after the effective date, flood insurance
management requirements of the to be eligible for the sale of NFIP flood will no longer be available in the
program. If the Federal Emergency insurance. A notice withdrawing the communities unless remedial action
Management Agency (FEMA) receives suspension of such communities will be takes place.
documentation that the community has published in the Federal Register.
adopted the required floodplain In addition, FEMA publishes a Flood Regulatory Classification. This final
management measures prior to the Insurance Rate Map (FIRM) that rule is not a significant regulatory action
effective suspension date given in this identifies the Special Flood Hazard under the criteria of section 3(f) of
rule, the suspension will not occur and Areas (SFHAs) in these communities. Executive Order 12866 of September 30,
a notice of this will be provided by The date of the FIRM, if one has been 1993, Regulatory Planning and Review,
publication in the Federal Register on a published, is indicated in the fourth 58 FR 51735.
subsequent date. Also, information column of the table. No direct Federal Executive Order 13132, Federalism.
identifying the current participation financial assistance (except assistance This rule involves no policies that have
status of a community can be obtained pursuant to the Robert T. Stafford federalism implications under Executive
from FEMA’s Community Status Book Disaster Relief and Emergency Order 13132.
(CSB). The CSB is available at https:// Assistance Act not in connection with a Executive Order 12988, Civil Justice
www.fema.gov/national-flood- flood) may be provided for construction Reform. This rule meets the applicable
insurance-program-community-status- or acquisition of buildings in identified standards of Executive Order 12988.
book. SFHAs for communities not Paperwork Reduction Act. This rule
participating in the NFIP and identified does not involve any collection of
DATES: The effective date of each information for purposes of the
for more than a year on FEMA’s initial
community’s scheduled suspension is Paperwork Reduction Act, 44 U.S.C.
FIRM for the community as having
the third date (‘‘Susp.’’) listed in the 3501 et seq.
flood-prone areas (section 202(a) of the
third column of the following tables.
Flood Disaster Protection Act of 1973, List of Subjects in 44 CFR Part 64
FOR FURTHER INFORMATION CONTACT: If 42 U.S.C. 4106(a), as amended). This
you want to determine whether a prohibition against certain types of Flood insurance, Floodplains.
particular community was suspended Federal assistance becomes effective for Accordingly, 44 CFR part 64 is
on the suspension date or for further the communities listed on the date amended as follows:
information, contact Adrienne L. shown in the last column. The
Sheldon, PE, CFM, Federal Insurance Administrator finds that notice and PART 64—[AMENDED]
and Mitigation Administration, Federal public comment procedures under 5
Emergency Management Agency, 400 C U.S.C. 553(b), are impracticable and ■ 1. The authority citation for part 64
Street SW, Washington, DC 20472, (202) unnecessary because communities listed continues to read as follows:
212–3966. in this final rule have been adequately Authority: 42 U.S.C. 4001 et seq.,
SUPPLEMENTARY INFORMATION: The NFIP notified. Reorganization Plan No. 3 of 1978, 3 CFR,
enables property owners to purchase Each community receives 6-month, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Federal flood insurance that is not 90-day, and 30-day notification letters 3 CFR, 1979 Comp.; p. 376.
otherwise generally available from addressed to the Chief Executive Officer
§ 64.6 [Amended]
private insurers. In return, communities stating that the community will be
sradovich on DSK3GMQ082PROD with RULES
agree to adopt and administer local suspended unless the required ■ 2. The tables published under the
floodplain management measures aimed floodplain management measures are authority of § 64.6 are amended as
at protecting lives and new construction met prior to the effective suspension follows:
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![Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 34053
Date certain
Federal
Community Effective date authorization/cancellation of Current effective assistance
State and location No. sale of flood insurance in community map date no longer
available
in SFHAs
Region I
Massachusetts: Haverhill, City of, Essex 250085 April 30, 1974, Emerg; February 16, 1983, July 19, 2018 .... July 19, 2018.
County. Reg; July 19, 2018, Susp
Region V
Ohio:
Fairfield County, Unincorporated Areas 390158 March 21, 1977, Emerg; April 17, 1989, ......do * ............. Do.
Reg; July 19, 2018, Susp
Lancaster, City of, Fairfield County ....... 390161 July 28, 1975, Emerg; May 1, 1980, Reg; ......do ............... Do.
July 19, 2018, Susp
Pickerington, City of, Fairfield and 390162 June 11, 1976, Emerg; August 5, 1991, ......do ............... Do.
Franklin Counties. Reg; July 19, 2018, Susp
Region VI
Oklahoma:
Billings, Town of, Noble County ............ 400347 September 8, 1983, Emerg; June 19, 1985, ......do ............... Do.
Reg; July 19, 2018, Susp
Tribe of Ponca Indians of Oklahoma, 400239 N/A, Emerg; July 15, 2008, Reg; July 19, ......do ............... Do.
Noble and Kay Counties. 2018, Susp
Red Rock, Town of, Noble County ....... 400135 June 12, 1975, Emerg; May 25, 1978, Reg; ......do ............... Do.
July 19, 2018, Susp
Region IX
California:
Elk Grove, City of, Sacramento County 060767 N/A, Emerg; October 15, 2001, Reg; July ......do ............... Do.
19, 2018, Susp
Folsom, City of, Sacramento County .... 060263 March 10, 1977, Emerg; January 6, 1982, ......do ............... Do.
Reg; July 19, 2018, Susp
Rancho Cordova, City of, Sacramento 060772 N/A, Emerg; September 15, 2004, Reg; ......do ............... Do.
County. July 19, 2018, Susp
Sacramento County, Unincorporated 060262 March 31, 1972, Emerg; March 15, 1979, ......do ............... Do.
Areas. Reg; July 19, 2018, Susp
do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: June 29, 2018. personnel and contractors who conduct I. Executive Summary
Michael M. Grimm, safety audits and examinations of transit In the Moving Ahead for Progress in
Assistant Administrator for Mitigation, systems and for transit agency personnel the 21st Century Act (MAP–21) (Pub. L.
Federal Insurance and Mitigation and contractors who are directly 112–141, July 6, 2012), Congress
Administration, Department of Homeland responsible for safety oversight. The directed FTA to establish a
Security, Federal Emergency Management revised requirements reduce the number
Agency.
comprehensive Public Transportation
of training hours required by the interim Safety Program (codified at 49 U.S.C.
[FR Doc. 2018–15372 Filed 7–18–18; 8:45 am] training program. 5329), one element of which is the
BILLING CODE 9110–12–P
DATES: The effective date of this rule is Public Transportation Safety
August 20, 2018. Certification Training Program
(PTSCTP). As a first step to
DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: For implementing the PTSCTP, FTA
program issues, contact FTA, Office of developed requirements for the interim
Federal Transit Administration Transit Safety and Oversight (telephone: safety certification training program
202–366–1783 or email: (interim training program) which
49 CFR Part 672 FTASafetyPromotion@dot.gov). For legal became effective on May 28, 2015 (see
[Docket No. FTA–2015–0014] issues, contact Bruce Walker, FTA, 80 FR 10619). FTA then published a
Office of Chief Counsel (telephone: 202– notice of proposed rulemaking (NPRM)
RIN 2132–AB25 366–9109 or email: Bruce.Walker@ in the Federal Register on December 3,
dot.gov). Office hours are Monday 2015 (80 FR 75639), which generally
Public Transportation Safety
through Friday from 8 a.m. to 6 p.m. proposed to adopt the interim training
Certification Training Program
(EST), except Federal holidays. program requirements for the PTSCTP
AGENCY: Federal Transit Administration final rule. As noted in Appendix A, the
SUPPLEMENTARY INFORMATION:
(FTA), DOT. I. Executive Summary requirements in this final rule reduce
ACTION: Final rule. A. Statutory Authority the number of required training hours
sradovich on DSK3GMQ082PROD with RULES
B. Summary of Major Provisions from a total of 181 hours (22.625 days)
SUMMARY: The Federal Transit C. Costs and Benefits to 143 hours (17.875 days).
Administration is issuing a final rule for II. Rulemaking Background More recently, Congress enacted the
the Public Transportation Safety III. Summary of NPRM Comments and FTA Fixing America’s Surface Transportation
Certification Training Program to Responses Act (‘‘FAST’’) (Pub. L. 114–94, Dec. 4,
provide revised minimum training IV. Revised Regulatory Evaluation 2015). FAST did not make any
requirements for Federal and State V. Regulatory Analyses and Notices amendments to 49 U.S.C. 5329(c)(1), the
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Document Created: 2018-07-19 01:34:56
Document Modified: 2018-07-19 01:34:56
| 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 34052 | |
| CFR Associated | Flood Insurance and Floodplains |
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