83_FR_3640 83 FR 3622 - Suspension of Community Eligibility

83 FR 3622 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range3622-3624
FR Document2018-01461

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 18 (Friday, January 26, 2018)
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3622-3624]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01461]


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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-8517]


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 3623]]



----------------------------------------------------------------------------------------------------------------
                                                 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 VI
 
Texas:
    Bayview, Town of, Cameron          480102  October 7, 1975,   February 16, 2018.....  February 16, 2018.
     County.                                    Emerg; September
                                                1, 1981, Reg;
                                                February 16,
                                                2018, Susp.
    Brownsville, City of,              480103  January 15, 1971,  ......do*.............   Do.
     Cameron County.                            Emerg; December
                                                1, 1978, Reg;
                                                February 16,
                                                2018, Susp.
    Combes, Town of, Cameron           480104  September 6,       ......do..............   Do.
     County.                                    1978, Emerg;
                                                September 1,
                                                1981, Reg;
                                                February 16,
                                                2018, Susp.
    Harlingen, City of, Cameron        485477  November 6, 1970,  ......do..............   Do.
     County.                                    Emerg; June 23,
                                                1972, Reg;
                                                February 16,
                                                2018, Susp.
    Indian Lake, Town of,              481695  N/A, Emerg;        ......do..............   Do.
     Cameron County.                            September 24,
                                                2002, Reg;
                                                February 16,
                                                2018, Susp.
    La Feria, City of, Cameron         480106  October 31, 1973,  ......do..............   Do.
     County.                                    Emerg; August 3,
                                                1984, Reg;
                                                February 16,
                                                2018, Susp.
    Laguna Vista, Town of,             485483  August 13, 1971,   ......do..............   Do.
     Cameron County.                            Emerg; July 21,
                                                1972, Reg;
                                                February 16,
                                                2018, Susp.
    Port Isabel, City of,              480109  October 29, 1971,  ......do..............   Do.
     Cameron County.                            Emerg; October
                                                6, 1976, Reg;
                                                February 16,
                                                2018, Susp.
    Rancho Viejo, Town of,             481646  N/A, Emerg; July   ......do..............   Do.
     Cameron County.                            10, 1992, Reg;
                                                February 16,
                                                2018, Susp.
    Rio Hondo, City of, Cameron        480112  April 3, 1975,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1981, Reg;
                                                February 16,
                                                2018, Susp.
    San Benito, City of,               480113  May 13, 1974,      ......do..............   Do.
     Cameron County.                            Emerg; May 5,
                                                1981, Reg;
                                                February 16,
                                                2018, Susp.
    Santa Rosa, City of,               480114  August 29, 1980,   ......do..............   Do.
     Cameron County.                            Emerg; May 5,
                                                1981, Reg;
                                                February 16,
                                                2018, Susp.
    South Padre Island, City           480115  November 26,       ......do..............   Do.
     of, Cameron County.                        1973, Emerg;
                                                September 15,
                                                1983, Reg;
                                                February 16,
                                                2018, Susp.
           Region VII
 
Iowa:
    Bussey, City of, Marion            190710  N/A, Emerg; May    ......do..............   Do.
     County.                                    26, 2010, Reg;
                                                February 16,
                                                2018, Susp.
    Centerville, City of,              190009  July 22, 1975,     ......do..............   Do.
     Appanoose County.                          Emerg; July 2,
                                                1987, Reg;
                                                February 16,
                                                2018, Susp.
    Chariton, City of, Lucas           190195  October 18, 1974,  ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1987, Reg;
                                                February 16,
                                                2018, Susp.
    Lamoni, City of, Decatur           190110  June 4, 1975,      ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1987, Reg;
                                                February 16,
                                                2018, Susp.
    Lucas, City of, Lucas              190196  December 29,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                August 16, 1988,
                                                Reg; February
                                                16, 2018, Susp.
    Marion County,                     190889  February 21,       ......do..............   Do.
     Unincorporated Areas.                      1997, Emerg;
                                                November 7,
                                                2001, Reg;
                                                February 16,
                                                2018, Susp.
    Marysville, City of, Marion        190456  N/A, Emerg; March  ......do..............   Do.
     County.                                    4, 2008, Reg;
                                                February 16,
                                                2018, Susp.
    Melrose, City of, Monroe           190465  September 16,      ......do..............   Do.
     County.                                    1981, Emerg;
                                                July 2, 1987,
                                                Reg; February
                                                16, 2018, Susp.
    Pella, City of, Marion             190837  N/A, Emerg;        ......do..............   Do.
     County.                                    January 12,
                                                2007, Reg;
                                                February 16,
                                                2018, Susp.
    Pleasantville, City of,            190838  N/A, Emerg; June   ......do..............   Do.
     Marion County.                             20, 2011, Reg;
                                                February 16,
                                                2018, Susp.
    Seymour, City of, Wayne            190655  February 6, 1978,  ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                February 16,
                                                2018, Susp.
    Swan, City of, Marion              190398  N/A, Emerg; April  ......do..............   Do.
     County.                                    20, 2017, Reg;
                                                February 16,
                                                2018, Susp.
    Unionville, Town of,               190923  October 29, 1976,  ......do..............   Do.
     Appanoose County.                          Emerg; July 1,
                                                1988, Reg;
                                                February 16,
                                                2018, Susp.
    Woodburn, City of, Clarke          190070  November 23,       ......do..............   Do.
     County.                                    2007, Emerg; May
                                                1, 2011, Reg;
                                                February 16,
                                                2018, Susp.
----------------------------------------------------------------------------------------------------------------
*......do and Do. = ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 3624]]

    Dated: January 19, 2018.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2018-01461 Filed 1-25-18; 8:45 am]
 BILLING CODE 9110-12-P



                                             3622               Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations

                                             *      *     *       *      *                           agree to adopt and administer local                    floodplain management measures are
                                             [FR Doc. 2018–01479 Filed 1–25–18; 8:45 am]             floodplain management measures aimed                   met prior to the effective suspension
                                             BILLING CODE 6560–50–P                                  at protecting lives and new construction               date. Since these notifications were
                                                                                                     from future flooding. Section 1315 of                  made, this final rule may take effect
                                                                                                     the National Flood Insurance Act of                    within less than 30 days.
                                             DEPARTMENT OF HOMELAND                                  1968, as amended, 42 U.S.C. 4022,                         National Environmental Policy Act.
                                             SECURITY                                                prohibits the sale of NFIP flood                       FEMA has determined that the
                                                                                                     insurance unless an appropriate public                 community suspension(s) included in
                                             Federal Emergency Management                            body adopts adequate floodplain                        this rule is a non-discretionary action
                                             Agency                                                  management measures with effective                     and therefore the National
                                                                                                     enforcement measures. The                              Environmental Policy Act of 1969 (42
                                             44 CFR Part 64                                          communities listed in this document no                 U.S.C. 4321 et seq.) does not apply.
                                             [Docket ID FEMA–2018–0002; Internal                     longer meet that statutory requirement                    Regulatory Flexibility Act. The
                                             Agency Docket No. FEMA–8517]                            for compliance with program                            Administrator has determined that this
                                                                                                     regulations, 44 CFR part 59.                           rule is exempt from the requirements of
                                             Suspension of Community Eligibility                     Accordingly, the communities will be                   the Regulatory Flexibility Act because
                                                                                                     suspended on the effective date in the                 the National Flood Insurance Act of
                                             AGENCY:  Federal Emergency                              third column. As of that date, flood                   1968, as amended, Section 1315, 42
                                             Management Agency, DHS.                                 insurance will no longer be available in               U.S.C. 4022, prohibits flood insurance
                                             ACTION: Final rule.                                     the community. We recognize that some                  coverage unless an appropriate public
                                             SUMMARY:    This rule identifies                        of these communities may adopt and                     body adopts adequate floodplain
                                             communities where the sale of flood                     submit the required documentation of                   management measures with effective
                                             insurance has been authorized under                     legally enforceable floodplain                         enforcement measures. The
                                             the National Flood Insurance Program                    management measures after this rule is                 communities listed no longer comply
                                             (NFIP) that are scheduled for                           published but prior to the actual                      with the statutory requirements, and
                                             suspension on the effective dates listed                suspension date. These communities                     after the effective date, flood insurance
                                             within this rule because of                             will not be suspended and will continue                will no longer be available in the
                                             noncompliance with the floodplain                       to be eligible for the sale of NFIP flood              communities unless remedial action
                                             management requirements of the                          insurance. A notice withdrawing the                    takes place.
                                             program. If the Federal Emergency                       suspension of such communities will be                    Regulatory Classification. This final
                                             Management Agency (FEMA) receives                       published in the Federal Register.                     rule is not a significant regulatory action
                                             documentation that the community has                       In addition, FEMA publishes a Flood                 under the criteria of section 3(f) of
                                             adopted the required floodplain                         Insurance Rate Map (FIRM) that                         Executive Order 12866 of September 30,
                                             management measures prior to the                        identifies the Special Flood Hazard                    1993, Regulatory Planning and Review,
                                             effective suspension date given in this                 Areas (SFHAs) in these communities.                    58 FR 51735.
                                             rule, the suspension will not occur and                 The date of the FIRM, if one has been                     Executive Order 13132, Federalism.
                                             a notice of this will be provided by                    published, is indicated in the fourth                  This rule involves no policies that have
                                             publication in the Federal Register on a                column of the table. No direct Federal                 federalism implications under Executive
                                             subsequent date. Also, information                      financial assistance (except assistance                Order 13132.
                                             identifying the current participation                   pursuant to the Robert T. Stafford                        Executive Order 12988, Civil Justice
                                             status of a community can be obtained                   Disaster Relief and Emergency                          Reform. This rule meets the applicable
                                             from FEMA’s Community Status Book                       Assistance Act not in connection with a                standards of Executive Order 12988.
                                             (CSB). The CSB is available at https://                 flood) may be provided for construction                   Paperwork Reduction Act. This rule
                                             www.fema.gov/national-flood-                            or acquisition of buildings in identified              does not involve any collection of
                                             insurance-program-community-status-                     SFHAs for communities not                              information for purposes of the
                                             book.                                                   participating in the NFIP and identified               Paperwork Reduction Act, 44 U.S.C.
                                                                                                     for more than a year on FEMA’s initial                 3501 et seq.
                                             DATES:  The effective date of each                      FIRM for the community as having
                                             community’s scheduled suspension is                     flood-prone areas (section 202(a) of the               List of Subjects in 44 CFR Part 64
                                             the third date (‘‘Susp.’’) listed in the                Flood Disaster Protection Act of 1973,                   Flood insurance, Floodplains.
                                             third column of the following tables.                   42 U.S.C. 4106(a), as amended). This                     Accordingly, 44 CFR part 64 is
                                             FOR FURTHER INFORMATION CONTACT: If                     prohibition against certain types of                   amended as follows:
                                             you want to determine whether a                         Federal assistance becomes effective for
                                             particular community was suspended                      the communities listed on the date                     PART 64—[AMENDED]
                                             on the suspension date or for further                   shown in the last column. The
                                             information, contact Adrienne L.                        Administrator finds that notice and                    ■ 1. The authority citation for Part 64
                                             Sheldon, PE, CFM, Federal Insurance                     public comment procedures under 5                      continues to read as follows:
                                             and Mitigation Administration, Federal                  U.S.C. 553(b), are impracticable and                     Authority: 42 U.S.C. 4001 et seq.;
                                             Emergency Management Agency, 400 C                      unnecessary because communities listed                 Reorganization Plan No. 3 of 1978, 3 CFR,
                                             Street SW, Washington, DC 20472, (202)                  in this final rule have been adequately                1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
                                             212–3966.                                               notified.                                              3 CFR, 1979 Comp.; p. 376.
                                             SUPPLEMENTARY INFORMATION: The NFIP                        Each community receives 6-month,
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                                                                                                                                                            § 64.6    [Amended]
                                             enables property owners to purchase                     90-day, and 30-day notification letters
                                             Federal flood insurance that is not                     addressed to the Chief Executive Officer               ■ 2. The tables published under the
                                             otherwise generally available from                      stating that the community will be                     authority of § 64.6 are amended as
                                             private insurers. In return, communities                suspended unless the required                          follows:




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                                                                  Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                                        3623

                                                                                                                                                                                                       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 VI
                                             Texas:
                                                 Bayview, Town of, Cameron County .....                      480102      October 7, 1975, Emerg; September 1,             February 16,               February 16,
                                                                                                                           1981, Reg; February 16, 2018, Susp.                2018.                    2018.
                                                  Brownsville, City of, Cameron County ..                    480103      January 15, 1971, Emerg; December 1,             ......do* ..............       Do.
                                                                                                                           1978, Reg; February 16, 2018, Susp.
                                                  Combes, Town of, Cameron County .....                      480104      September 6, 1978, Emerg; September 1,           ......do ...............       Do.
                                                                                                                           1981, Reg; February 16, 2018, Susp.
                                                  Harlingen, City of, Cameron County .....                   485477      November 6, 1970, Emerg; June 23, 1972,          ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                  Indian Lake, Town of, Cameron County                       481695      N/A, Emerg; September 24, 2002, Reg;             ......do ...............       Do.
                                                                                                                           February 16, 2018, Susp.
                                                  La Feria, City of, Cameron County .......                  480106      October 31, 1973, Emerg; August 3, 1984,         ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                  Laguna Vista, Town of, Cameron Coun-                       485483      August 13, 1971, Emerg; July 21, 1972,           ......do ...............       Do.
                                                    ty.                                                                    Reg; February 16, 2018, Susp.
                                                  Port Isabel, City of, Cameron County ...                   480109      October 29, 1971, Emerg; October 6, 1976,        ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                  Rancho Viejo, Town of, Cameron                             481646      N/A, Emerg; July 10, 1992, Reg; February         ......do ...............       Do.
                                                    County.                                                                16, 2018, Susp.
                                                  Rio Hondo, City of, Cameron County ...                     480112      April 3, 1975, Emerg; June 1, 1981, Reg;         ......do ...............       Do.
                                                                                                                           February 16, 2018, Susp.
                                                  San Benito, City of, Cameron County ...                    480113      May 13, 1974, Emerg; May 5, 1981, Reg;           ......do ...............       Do.
                                                                                                                           February 16, 2018, Susp.
                                                  Santa Rosa, City of, Cameron County ..                     480114      August 29, 1980, Emerg; May 5, 1981,             ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                 South Padre Island, City of, Cameron                        480115      November 26, 1973, Emerg; September 15,          ......do ...............       Do.
                                                   County.                                                                 1983, Reg; February 16, 2018, Susp.
                                                             Region VII
                                             Iowa:
                                                 Bussey, City of, Marion County .............                190710      N/A, Emerg; May 26, 2010, Reg; February          ......do ...............       Do.
                                                                                                                           16, 2018, Susp.
                                                  Centerville, City of, Appanoose County                     190009      July 22, 1975, Emerg; July 2, 1987, Reg;         ......do ...............       Do.
                                                                                                                           February 16, 2018, Susp.
                                                  Chariton, City of, Lucas County ............               190195      October 18, 1974, Emerg; February 1,             ......do ...............       Do.
                                                                                                                           1987, Reg; February 16, 2018, Susp.
                                                  Lamoni, City of, Decatur County ...........                190110      June 4, 1975, Emerg; May 1, 1987, Reg;           ......do ...............       Do.
                                                                                                                           February 16, 2018, Susp.
                                                  Lucas, City of, Lucas County ................              190196      December 29, 1975, Emerg; August 16,             ......do ...............       Do.
                                                                                                                           1988, Reg; February 16, 2018, Susp.
                                                  Marion County, Unincorporated Areas ..                     190889      February 21, 1997, Emerg; November 7,            ......do ...............       Do.
                                                                                                                           2001, Reg; February 16, 2018, Susp.
                                                  Marysville, City of, Marion County ........                190456      N/A, Emerg; March 4, 2008, Reg; February         ......do ...............       Do.
                                                                                                                           16, 2018, Susp.
                                                  Melrose, City of, Monroe County ..........                 190465      September 16, 1981, Emerg; July 2, 1987,         ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                  Pella, City of, Marion County ................             190837      N/A, Emerg; January 12, 2007, Reg; Feb-          ......do ...............       Do.
                                                                                                                           ruary 16, 2018, Susp.
                                                  Pleasantville, City of, Marion County ....                 190838      N/A, Emerg; June 20, 2011, Reg; February         ......do ...............       Do.
                                                                                                                           16, 2018, Susp.
                                                  Seymour, City of, Wayne County ..........                  190655      February 6, 1978, Emerg; July 1, 1987,           ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                  Swan, City of, Marion County ...............               190398      N/A, Emerg; April 20, 2017, Reg; February        ......do ...............       Do.
                                                                                                                           16, 2018, Susp.
                                                  Unionville, Town of, Appanoose County                      190923      October 29, 1976, Emerg; July 1, 1988,           ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                  Woodburn, City of, Clarke County ........                  190070      November 23, 2007, Emerg; May 1, 2011,           ......do ...............       Do.
                                                                                                                           Reg; February 16, 2018, Susp.
                                                *......do and Do. = ditto.
                                                Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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                                             3624               Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations

                                               Dated: January 19, 2018.                              Federal flood insurance that is not                    suspended unless the required
                                             Eric Letvin,                                            otherwise generally available from                     floodplain management measures are
                                             Deputy Assistant Administrator for                      private insurers. In return, communities               met prior to the effective suspension
                                             Mitigation, Federal Insurance and Mitigation            agree to adopt and administer local                    date. Since these notifications were
                                             Administration, Department of Homeland                  floodplain management measures aimed                   made, this final rule may take effect
                                             Security, Federal Emergency Management                  at protecting lives and new construction               within less than 30 days.
                                             Agency.                                                 from future flooding. Section 1315 of                     National Environmental Policy Act.
                                             [FR Doc. 2018–01461 Filed 1–25–18; 8:45 am]             the National Flood Insurance Act of                    FEMA has determined that the
                                             BILLING CODE 9110–12–P                                  1968, as amended, 42 U.S.C. 4022,                      community suspension(s) included in
                                                                                                     prohibits the sale of NFIP flood                       this rule is a non-discretionary action
                                                                                                     insurance unless an appropriate public                 and therefore the National
                                             DEPARTMENT OF HOMELAND                                  body adopts adequate floodplain                        Environmental Policy Act of 1969 (42
                                             SECURITY                                                management measures with effective                     U.S.C. 4321 et seq.) does not apply.
                                             Federal Emergency Management                            enforcement measures. The                                 Regulatory Flexibility Act. The
                                             Agency                                                  communities listed in this document no                 Administrator has determined that this
                                                                                                     longer meet that statutory requirement                 rule is exempt from the requirements of
                                             44 CFR Part 64                                          for compliance with program                            the Regulatory Flexibility Act because
                                                                                                     regulations, 44 CFR part 59.                           the National Flood Insurance Act of
                                             [Docket ID FEMA–2018–0002; Internal                     Accordingly, the communities will be
                                             Agency Docket No. FEMA–8515]
                                                                                                                                                            1968, as amended, Section 1315, 42
                                                                                                     suspended on the effective date in the                 U.S.C. 4022, prohibits flood insurance
                                                                                                     third column. As of that date, flood                   coverage unless an appropriate public
                                             Suspension of Community Eligibility
                                                                                                     insurance will no longer be available in               body adopts adequate floodplain
                                             AGENCY:  Federal Emergency                              the community. We recognize that some                  management measures with effective
                                             Management Agency, DHS.                                 of these communities may adopt and                     enforcement measures. The
                                             ACTION: Final rule.                                     submit the required documentation of                   communities listed no longer comply
                                                                                                     legally enforceable floodplain                         with the statutory requirements, and
                                             SUMMARY:    This rule identifies                        management measures after this rule is
                                             communities where the sale of flood                                                                            after the effective date, flood insurance
                                                                                                     published but prior to the actual                      will no longer be available in the
                                             insurance has been authorized under                     suspension date. These communities
                                             the National Flood Insurance Program                                                                           communities unless remedial action
                                                                                                     will not be suspended and will continue                takes place.
                                             (NFIP) that are scheduled for                           to be eligible for the sale of NFIP flood
                                             suspension on the effective dates listed                                                                          Regulatory Classification. This final
                                                                                                     insurance. A notice withdrawing the                    rule is not a significant regulatory action
                                             within this rule because of                             suspension of such communities will be
                                             noncompliance with the floodplain                                                                              under the criteria of section 3(f) of
                                                                                                     published in the Federal Register.                     Executive Order 12866 of September 30,
                                             management requirements of the                             In addition, FEMA publishes a Flood
                                             program. If the Federal Emergency                                                                              1993, Regulatory Planning and Review,
                                                                                                     Insurance Rate Map (FIRM) that                         58 FR 51735.
                                             Management Agency (FEMA) receives                       identifies the Special Flood Hazard
                                             documentation that the community has                                                                              Executive Order 13132, Federalism.
                                                                                                     Areas (SFHAs) in these communities.
                                             adopted the required floodplain                                                                                This rule involves no policies that have
                                                                                                     The date of the FIRM, if one has been
                                             management measures prior to the                                                                               federalism implications under Executive
                                                                                                     published, is indicated in the fourth
                                             effective suspension date given in this                                                                        Order 13132.
                                                                                                     column of the table. No direct Federal
                                             rule, the suspension will not occur and                 financial assistance (except assistance                   Executive Order 12988, Civil Justice
                                             a notice of this will be provided by                    pursuant to the Robert T. Stafford                     Reform. This rule meets the applicable
                                             publication in the Federal Register on a                Disaster Relief and Emergency                          standards of Executive Order 12988.
                                             subsequent date. Also, information                      Assistance Act not in connection with a                   Paperwork Reduction Act. This rule
                                             identifying the current participation                   flood) may be provided for construction                does not involve any collection of
                                             status of a community can be obtained                                                                          information for purposes of the
                                                                                                     or acquisition of buildings in identified
                                             from FEMA’s Community Status Book                                                                              Paperwork Reduction Act, 44 U.S.C.
                                                                                                     SFHAs for communities not
                                             (CSB). The CSB is available at https://                                                                        3501 et seq.
                                                                                                     participating in the NFIP and identified
                                             www.fema.gov/national-flood-
                                                                                                     for more than a year on FEMA’s initial                 List of Subjects in 44 CFR Part 64
                                             insurance-program-community-status-
                                                                                                     FIRM for the community as having
                                             book.                                                                                                            Flood insurance, Floodplains.
                                                                                                     flood-prone areas (section 202(a) of the
                                             DATES: The effective date of each                       Flood Disaster Protection Act of 1973,                   Accordingly, 44 CFR part 64 is
                                             community’s scheduled suspension is                     42 U.S.C. 4106(a), as amended). This                   amended as follows:
                                             the third date (‘‘Susp.’’) listed in the                prohibition against certain types of
                                             third column of the following tables.                   Federal assistance becomes effective for               PART 64—[AMENDED]
                                             FOR FURTHER INFORMATION CONTACT: If                     the communities listed on the date
                                             you want to determine whether a                         shown in the last column. The                          ■ 1. The authority citation for Part 64
                                             particular community was suspended                      Administrator finds that notice and                    continues to read as follows:
                                             on the suspension date or for further                   public comment procedures under 5                        Authority: 42 U.S.C. 4001 et seq.;
                                             information, contact Adrienne L.                        U.S.C. 553(b), are impracticable and                   Reorganization Plan No. 3 of 1978, 3 CFR,
                                             Sheldon, PE, CFM, Federal Insurance                     unnecessary because communities listed                 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
daltland on DSKBBV9HB2PROD with RULES




                                             and Mitigation Administration, Federal                  in this final rule have been adequately                3 CFR, 1979 Comp.; p. 376.
                                             Emergency Management Agency, 400 C                      notified.
                                             Street SW, Washington, DC 20472, (202)                                                                         § 64.6    [Amended]
                                                                                                        Each community receives 6-month,
                                             212–3966.                                               90-day, and 30-day notification letters                ■ 2. The tables published under the
                                             SUPPLEMENTARY INFORMATION: The NFIP                     addressed to the Chief Executive Officer               authority of § 64.6 are amended as
                                             enables property owners to purchase                     stating that the community will be                     follows:


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Document Created: 2018-10-26 10:04:36
Document Modified: 2018-10-26 10:04:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables.
ContactIf 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 Citation83 FR 3622 
CFR AssociatedFlood Insurance and Floodplains

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