83_FR_3642 83 FR 3624 - Suspension of Community Eligibility

83 FR 3624 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

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

Page Range3624-3625
FR Document2018-01463

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 3624-3625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01463]


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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-8515]


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 3625]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Effective date
                                                          authorization/                                                        Date certain Federal
          State and location             Community    cancellation of sale of          Current effective map date               assistance no longer
                                            No.         flood insurance in                                                       available in SFHAs
                                                             community
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Region VI
 
Louisiana:
    Grand Isle, Town of, Jefferson           225197  August 28, 1970, Emerg;   Feb. 2, 2018..............................  Feb. 2, 2018.
     Parish.                                          October 30, 1970, Reg;
                                                      February 2, 2018, Susp.
    Gretna, City of, Jefferson Parish        225198  August 14, 1970, Emerg;   ......do *................................   Do.
                                                      June 18, 1971, Reg;
                                                      February 2, 2018, Susp.
    Harahan, City of, Jefferson              225200  April 19, 1973, Emerg;    ......do..................................   Do.
     Parish.                                          June 15, 1973, Reg;
                                                      February 2, 2018, Susp.
    Jean Lafitte, Town of, Jefferson         220371  N/A, Emerg; October 1,    ......do..................................   Do.
     Parish.                                          1971, Reg;.
                                                     February 2, 2018, Susp..
    Westwego, City of, Jefferson             220094  April 27, 1973, Emerg;    ......Do..................................   Do.
     Parish.                                          December 28, 1976, Reg;
                                                      February 2, 2018, Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*......do and Do. = ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
 


    Dated: January 5, 2018.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2018-01463 Filed 1-25-18; 8:45 am]
 BILLING CODE 9110-12-P



                                             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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                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                                                3625

                                                                                                                                                                                                             Date certain
                                                                                                                       Effective date authorization/                                                           Federal
                                                                                                Community                 cancellation of sale of
                                                        State and location                                                                                     Current effective map date                   assistance no
                                                                                                   No.                      flood insurance in                                                             longer available
                                                                                                                                community                                                                     in SFHAs

                                                            Region VI
                                             Louisiana:
                                                 Grand Isle, Town of, Jefferson                     225197    August 28, 1970, Emerg; October 30,             Feb. 2, 2018 .......................         Feb. 2, 2018.
                                                    Parish.                                                     1970, Reg; February 2, 2018, Susp.
                                                 Gretna, City of, Jefferson Parish ..               225198    August 14, 1970, Emerg; June 18,                ......do * ...............................       Do.
                                                                                                                1971, Reg; February 2, 2018, Susp.
                                                  Harahan, City of, Jefferson Parish                225200    April 19, 1973, Emerg; June 15, 1973,           ......do .................................       Do.
                                                                                                                Reg; February 2, 2018, Susp.
                                                  Jean Lafitte, Town of, Jefferson                  220371    N/A, Emerg; October 1, 1971, Reg; ....          ......do .................................       Do.
                                                    Parish.                                                   February 2, 2018, Susp ......................
                                                  Westwego, City of, Jefferson Par-                 220094    April 27, 1973, Emerg; December 28,             ......Do .................................       Do.
                                                    ish.                                                        1976, Reg; February 2, 2018, Susp.
                                                *......do and Do. = ditto.
                                                Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                               Dated: January 5, 2018.                               agency URLs under the NOAA Fisheries                     of the correct URL would not be in the
                                             Eric Letvin,                                            Web Modernization Project. These                         public interest.
                                             Deputy Assistant Administrator for                      changes are solely administrative in
                                                                                                                                                              Executive Order 12866
                                             Mitigation, Federal Insurance and Mitigation            nature.
                                             Administration, Department of Homeland                                                                             This final rule has been determined to
                                             Security, Federal Emergency Management                  DATES: This final rule is effective
                                                                                                     January 26, 2018.                                        be not significant for purposes of
                                             Agency.                                                                                                          Executive Order 12866.
                                             [FR Doc. 2018–01463 Filed 1–25–18; 8:45 am]             ADDRESSES: 501 West Ocean Boulevard,
                                             BILLING CODE 9110–12–P                                  Suite 4200, Long Beach, CA 90802.                        List of Subjects in 50 CFR Part 216
                                                                                                     FOR FURTHER INFORMATION CONTACT:                           Administrative practice and
                                                                                                     William Jacobson, NMFS West Coast                        procedure, Fish, Imports, Labeling,
                                             DEPARTMENT OF COMMERCE                                  Region, 562–980–4035.                                    Marine mammals.
                                                                                                     SUPPLEMENTARY INFORMATION:                                 Dated: January 19, 2018.
                                             National Oceanic and Atmospheric
                                             Administration                                          Background                                               Samuel D. Rauch, III,
                                                                                                                                                              Deputy Assistant Administrator for
                                                                                                       Regulations at 50 CFR 216.24(f)(3) and                 Regulatory Programs, National Marine
                                             50 CFR Part 216                                         50 CFR part 216, subpart H contain                       Fisheries Service.
                                             [Docket No. 170803723–8016–01]                          URLs that provide importers, tuna
                                                                                                                                                                For the reasons set out in the
                                                                                                     processors, and fishermen that harvest
                                             RIN 0648–BH09                                                                                                    preamble, 50 CFR part 216 is amended
                                                                                                     tuna for the U.S. market, access to
                                                                                                                                                              as follows:
                                             Technical Amendment To Update                           information critical to regulatory
                                             Internet Web Addresses in Marine                        compliance. NMFS is undergoing an                        PART 216—REGULATIONS
                                             Mammal Protection Act and Dolphin                       agency-wide modification of the naming                   GOVERNING THE TAKING AND
                                             Protection Consumer Information Act                     convention used in all existing URLs.                    IMPORTING OF MARINE MAMMALS
                                             Regulations                                             Failure to change the URLs in the
                                                                                                     regulatory text would render the URL                     ■ 1. The authority citation for 50 CFR
                                             AGENCY:  National Marine Fisheries                      references in the regulations unusable,                  part 216 continues to read as follows:
                                             Service (NMFS), National Oceanic and                    confusing the regulated public.
                                                                                                                                                                Authority: 16 U.S.C. 1361 et seq., unless
                                             Atmospheric Administration (NOAA),                                                                               otherwise noted.
                                                                                                     Classification
                                             Commerce.
                                             ACTION: Final rule; technical                             The NMFS Assistant Administrator                       Subpart C—General Exceptions
                                             amendments.                                             has determined that this final rule is
                                                                                                     consistent with the MMPA, the DPCIA,                     ■ 2. In § 216.24, revise introductory text
                                             SUMMARY:   NMFS is hereby making                        and other applicable laws.                               of paragraph (f)(3) to read as follows:
                                             technical amendments without altering
                                             the substance of the regulations that                   Administrative Procedure Act                             § 216.24 Taking and related acts incidental
                                             govern importation into the United                         NOAA finds good cause under 5                         to commercial fishing operations by tuna
                                             States of tuna product and dolphin-safe                 U.S.C. 553(b)(B) and 553(d)(3) to issue                  purse seine vessels in the eastern tropical
                                                                                                                                                              Pacific Ocean.
                                             tuna labeling in the United States under                this final rule without advance notice in
                                             the Marine Mammal Protection Act                        a proposed rule or the opportunity for                   *     *     *     *     *
                                             (MMPA), and the Dolphin Protection                      public comment, and to make the rule                       (f) * * *
                                             Consumer Information Act (DPCIA). The                   effective immediately without providing                    (3) Disposition of Fisheries
daltland on DSKBBV9HB2PROD with RULES




                                             intent of this action is to update existing             a 30-day delay, because the content of                   Certificates of Origin. The FCO
                                             regulations containing Uniform                          this rule makes a technical correction                   described in paragraph (f)(4) of this
                                             Resource Locator (URL) addresses, more                  and does not affect the substance of                     section may be obtained from the
                                             commonly referred to as internet web                    regulations that affect the public. Public               Administrator, West Coast Region, or
                                             page addresses. The URL updates are                     input is not necessary to determine the                  downloaded from the internet at https://
                                             necessary because NMFS is revising all                  correct URL, and delaying codification                   www.fisheries.noaa.gov/national/


                                        VerDate Sep<11>2014   17:29 Jan 25, 2018   Jkt 244001   PO 00000   Frm 00063    Fmt 4700   Sfmt 4700   E:\FR\FM\26JAR1.SGM      26JAR1



Document Created: 2018-10-26 10:03:33
Document Modified: 2018-10-26 10:03:33
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 3624 
CFR AssociatedFlood Insurance and Floodplains

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