83 FR 42600 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 83, Issue 164 (August 23, 2018)
Federal Emergency Management Agency
Federal Register Volume 83, Issue 164 (August 23, 2018)
| Page Range | 42600-42603 | |
| FR Document | 2018-18150 |
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)] [Rules and Regulations] [Pages 42600-42603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18150] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8543] 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 [[Page 42601]] 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: ---------------------------------------------------------------------------------------------------------------- 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 II New Jersey: Brigantine, City of, 345286 May 15, 1970, August 28, 2018....... August 28, 2018. Atlantic County. Emerg; June 18, 1971, Reg; August 28, 2018, Susp. Buena, Borough of, 340004 January 17, 1975, ......do.............. Do. Atlantic County. Emerg; March 4, 1983, Reg; August 28, 2018, Susp. Hamilton, Township of, 340009 November 26, ......do.............. Do. Atlantic County. 1971, Emerg; March 15, 1977, Reg; August 28, 2018, Susp. Hammonton, Town of, 340010 July 7, 1975, ......do.............. Do. Atlantic County. Emerg; January 6, 1982, Reg; August 28, 2018, Susp. Linwood, City of, Atlantic 340011 March 27, 1974, ......do.............. Do. County. Emerg; January 19, 1983, Reg; August 28, 2018, Susp. Longport, Borough of, 345302 July 10, 1970, ......do.............. Do. Atlantic County. Emerg; June 18, 1971, Reg; August 28, 2018, Susp. Margate City, City of, 345304 July 10, 1970, ......do.............. Do. Atlantic County. Emerg; June 19, 1971, Reg; August 28, 2018, Susp. [[Page 42602]] Weymouth, Township of, 340536 August 13, 1975, ......do.............. Do. Atlantic County. Emerg; August 10, 1979, Reg; August 28, 2018, Susp. Region IV North Carolina: Belville, Town of, 370545 September 15, ......do.............. Do. Brunswick County. 2003, Emerg; June 2, 2006, Reg; August 28, 2018, Susp. Holden Beach, Town of, 375352 March 19, 1971, ......do.............. Do. Brunswick County. Emerg; May 26, 1972, Reg; August 28, 2018, Susp. Navassa, Town of, 370593 May 19, 2005, ......do.............. Do. Brunswick County. Emerg; June 2, 2006, Reg; August 28, 2018, Susp. Shallotte, Town of, 370388 July 1, 1975, ......do.............. Do. Brunswick County. Emerg; January 3, 1986, Reg; August 28, 2018, Susp. Varnamtown, Town of, 370648 N/A, Emerg; May ......do.............. Do. Brunswick County. 30, 2001, Reg; August 28, 2018, Susp. Region V Michigan: Acme, Township of, Grand 260749 March 3, 1986, August 28, 2018....... August 28, 2018. Traverse County. Emerg; December 18, 1986, Reg; August 28, 2018, Susp. Bingham, Township of, 260772 August 29, 1986, ......do.............. Do. Leelanau County. Emerg; September 18, 1987, Reg; August 28, 2018, Susp. Cleveland, Township of, 260302 July 18, 1974, ......do.............. Do. Leelanau County. Emerg; September 1, 1986, Reg; August 28, 2018, Susp. Elmwood, Township of, 260113 July 2, 1975, ......do.............. Do. Leelanau County. Emerg; February 2, 1983, Reg; August 28, 2018, Susp. Empire, Township of, 260765 June 16, 1986, ......do.............. Do. Leelanau County. Emerg; September 4, 1986, Reg; August 28, 2018, Susp. Empire, Village of, 260605 April 8, 1975, ......do.............. Do. Leelanau County. Emerg; November 15, 1985, Reg; August 28, 2018, Susp. Garfield, Charter Township 260753 April 25, 1986, ......do.............. Do. of, Grand Traverse County. Emerg; December 18, 1986, Reg; August 28, 2018, Susp. Glen Arbor, Township of, 260604 March 7, 1975, ......do.............. Do. Leelanau County. Emerg; September 1, 1986, Reg; August 28, 2018, Susp. Leelanau, Township of, 260114 June 5, 1975, ......do.............. Do. Leelanau County. Emerg; April 2, 1986, Reg; August 28, 2018, Susp. Leland, Township of, 260760 May 5, 1986, ......do.............. Do. Leelanau County. Emerg; March 18, 1987, Reg; August 28, 2018, Susp. Northport, Village of, 260580 July 24, 1975, ......do.............. Do. Leelanau County. Emerg; March 2, 1989, Reg; August 28, 2018, Susp. Paradise, Township of, 260830 December 20, ......do.............. Do. Grand Traverse County. 1990, Emerg; May 4, 1992, Reg; August 28, 2018, Susp. Peninsula, Township of, 260747 March 3, 1986, ......do.............. Do. Grand Traverse County. Emerg; December 18, 1986, Reg; August 28, 2018, Susp. Suttons Bay, Township of, 260770 July 21, 1986, ......do.............. Do. Leelanau County. Emerg; April 3, 1987, Reg; August 28, 2018, Susp. Suttons Bay, Village of, 260283 September 17, August 28, 2018....... August 28, 2018. Leelanau County. 1973, Emerg; June 1, 1977, Reg; August 28, 2018, Susp. Traverse City, City of, 260082 August 8, 1975, ......do.............. Do. Grand Traverse and Emerg; December Leelanau Counties. 15, 1982, Reg; August 28, 2018, Susp. Union, Township of, Grand 260805 April 23, 1987, ......do.............. Do. Traverse County. Emerg; September 30, 1988, Reg; August 28, 2018, Susp. Whitewater, Township of, 260794 January 29, 1987, ......do.............. Do. Grand Traverse County. Emerg; September 30, 1988, Reg; August 28, 2018, Susp. Region VI Texas: Brown County, 480717 June 6, 1990, ......do.............. Do. Unincorporated Areas. Emerg; March 1, 1991, Reg; August 28, 2018, Susp. Brownwood, City of, Brown 480087 June 20, 1975, ......do.............. Do. County. Emerg; April 15, 1981, Reg; August 28, 2018, Susp. Early, City of, Brown 480088 January 12, 1982, August 28, 2018....... August 28, 2018. County. Emerg; July 1, 1987, Reg; August 28, 2018, Susp. ---------------------------------------------------------------------------------------------------------------- Code for reading third column: Emerg. -- Emergency; Reg. -- Regular; Susp -- Suspension. *-do- =Ditto. [[Page 42603]] Dated: August 9, 2018. Katherine B. Fox, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration--FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2018-18150 Filed 8-22-18; 8:45 am] BILLING CODE 9110-12-P
![42600 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
than 100 beds. Section 601(g) of the None of the processes or effective date Appropriations Act, 2018. Therefore, we
Social Security Amendments of 1983 requirements apply, however, when the find good cause to waive notice and
(Pub. L. 98–21) designated hospitals in rule in question is interpretive, a general comment procedures as well as any
certain New England counties as statement of policy, or a rule of agency delay in effective date, if such
belonging to the adjacent urban area. organization, procedure or practice. procedures or delays are required at all.
Thus, for purposes of the IPPS, we They also do not apply when the statute Dated: August 16, 2018.
continue to classify these hospitals as establishes rules that are to be applied,
Seema Verma,
urban hospitals. As noted previously, leaving no discretion or gaps for an
Administrator, Centers for Medicare &
we expect the effects of the changes agency to fill in through rulemaking.
Medicaid Services.
announced in this document to impact In addition, an agency may waive
notice and comment rulemaking, as well [FR Doc. 2018–18271 Filed 8–22–18; 8:45 am]
only approximately 15 providers.
Section 202 of the Unfunded as any delay in effective date, when the BILLING CODE 4120–01–P
Mandates Reform Act of 1995 (UMRA) agency for good cause finds that notice
(Pub. L. 104–4) also requires that and public comment on the rule as well
agencies assess anticipated costs and the effective date delay are DEPARTMENT OF HOMELAND
benefits before issuing any rule whose impracticable, unnecessary, or contrary SECURITY
mandates require spending in any 1 year to the public interest. In cases where an
of $100 million in 1995 dollars, updated agency finds good cause, the agency Federal Emergency Management
annually for inflation. In 2018, that must incorporate a statement of this Agency
threshold is approximately $150 finding and its reasons in the rule
million. The changes announced in this issued. 44 CFR Part 64
document will not mandate any The policies being publicized in this
requirements for State, local, or tribal document do not constitute agency [Docket ID FEMA–2018–0002; Internal
rulemaking. Rather, the statute, as Agency Docket No. FEMA–8543]
governments, nor will it affect private
sector costs. amended by the Consolidated
Suspension of Community Eligibility
Executive Order 13132 establishes Appropriations Act, 2018, has already
certain requirements that an agency required that the agency make these AGENCY: Federal Emergency
must meet when it promulgates a changes, and we are simply notifying Management Agency, DHS.
proposed rule (and subsequent final the public of the changes to the payment ACTION: Final rule.
rule) that imposes substantial direct adjustment for low-volume hospitals for
requirement costs on State and local FYs 2011 through 2017 relating to the SUMMARY: This rule identifies
governments, preempts State law, or application of the mileage criterion for communities where the sale of flood
otherwise has Federalism implications. IHS and non-IHS hospitals. As this insurance has been authorized under
The changes announced in this document merely informs the public of the National Flood Insurance Program
document will not have a substantial these changes, it is not a rule and does (NFIP) that are scheduled for
effect on State and local governments. not require any notice and comment suspension on the effective dates listed
Executive Order 13771, entitled rulemaking. To the extent any of the within this rule because of
‘‘Reducing Regulation and Controlling policies articulated in this document noncompliance with the floodplain
Regulatory Costs,’’ was issued on constitute interpretations of the statute’s management requirements of the
January 30, 2017, and requires that the requirements or procedures that will be program. If the Federal Emergency
costs associated with significant new used to implement the statute’s Management Agency (FEMA) receives
regulations ‘‘shall, to the extent directive, they are interpretive rules, documentation that the community has
permitted by law, be offset by the general statements of policy, and rules adopted the required floodplain
elimination of existing costs associated of agency procedure or practice, which management measures prior to the
with at least two prior regulations.’’ It are not subject to notice and comment effective suspension date given in this
has been determined that the provisions rulemaking or a delayed effective date. rule, the suspension will not occur and
announced in this document are actions However, to the extent that notice and a notice of this will be provided by
that primarily result in transfers, and comment rulemaking, a delay in publication in the Federal Register on a
thus are not a regulatory or deregulatory effective date, or both would otherwise subsequent date. Also, information
action for the purposes of Executive apply, we find good cause to waive such identifying the current participation
Order 13771. requirements. Specifically, we find it status of a community can be obtained
unnecessary to undertake notice and from FEMA’s Community Status Book
V. Waiver of Proposed Rulemaking and comment rulemaking in this instance as
Delay of Effective Date (CSB). The CSB is available at https://
this document does not propose to make www.fema.gov/national-flood-
We ordinarily publish a notice of any substantive changes to the policies insurance-program-community-status-
proposed rulemaking in the Federal or methodologies already in effect as a book.
Register and invite public comment matter of law, but simply applies
prior to a rule taking effect in payment adjustments under the DATES: The effective date of each
accordance with section 553(b) of the Consolidated Appropriations Act, 2018 community’s scheduled suspension is
Administrative Procedure Act (APA) to these existing policies and the third date (‘‘Susp.’’) listed in the
and section 1871 of the Act. In addition, methodologies. As the changes outlined third column of the following tables.
in accordance with section 553(d) of the in this document have already taken FOR FURTHER INFORMATION CONTACT: If
APA and section 1871(e)(1)(B)(i) of the effect, it would also be impracticable to you want to determine whether a
daltland on DSKBBV9HB2PROD with RULES
Act, we ordinarily provide a 30 day undertake notice and comment particular community was suspended
delay to a substantive rule’s effective rulemaking. For these reasons, we also on the suspension date or for further
date. For substantive rules that find that a waiver of any delay in information, contact Adrienne L.
constitute major rules, in accordance effective date, if it were otherwise Sheldon, PE, CFM, Federal Insurance
with 5 U.S.C. 801, we ordinarily provide applicable, is necessary to comply with and Mitigation Administration, Federal
a 60-day delay in the effective date. the requirements of the Consolidated Emergency Management Agency, 400 C
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![Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42601
Street SW, Washington, DC 20472, (202) pursuant to the Robert T. Stafford body adopts adequate floodplain
212–3966. Disaster Relief and Emergency management measures with effective
SUPPLEMENTARY INFORMATION: The NFIP Assistance Act not in connection with a enforcement measures. The
enables property owners to purchase flood) may be provided for construction communities listed no longer comply
Federal flood insurance that is not or acquisition of buildings in identified with the statutory requirements, and
otherwise generally available from SFHAs for communities not after the effective date, flood insurance
private insurers. In return, communities participating in the NFIP and identified will no longer be available in the
agree to adopt and administer local for more than a year on FEMA’s initial communities unless remedial action
floodplain management measures aimed FIRM for the community as having takes place.
at protecting lives and new construction flood-prone areas (section 202(a) of the Regulatory Classification. This final
from future flooding. Section 1315 of Flood Disaster Protection Act of 1973, rule is not a significant regulatory action
the National Flood Insurance Act of 42 U.S.C. 4106(a), as amended). This under the criteria of section 3(f) of
1968, as amended, 42 U.S.C. 4022, prohibition against certain types of Executive Order 12866 of September 30,
prohibits the sale of NFIP flood Federal assistance becomes effective for 1993, Regulatory Planning and Review,
insurance unless an appropriate public the communities listed on the date 58 FR 51735.
body adopts adequate floodplain shown in the last column. The Executive Order 13132, Federalism.
management measures with effective Administrator finds that notice and This rule involves no policies that have
public comment procedures under 5 federalism implications under Executive
enforcement measures. The
U.S.C. 553(b), are impracticable and Order 13132.
communities listed in this document no
unnecessary because communities listed
longer meet that statutory requirement Executive Order 12988, Civil Justice
in this final rule have been adequately
for compliance with program Reform. This rule meets the applicable
notified.
regulations, 44 CFR part 59. Each community receives 6-month, standards of Executive Order 12988.
Accordingly, the communities will be 90-day, and 30-day notification letters Paperwork Reduction Act. This rule
suspended on the effective date in the addressed to the Chief Executive Officer does not involve any collection of
third column. As of that date, flood stating that the community will be information for purposes of the
insurance will no longer be available in suspended unless the required Paperwork Reduction Act, 44 U.S.C.
the community. We recognize that some floodplain management measures are 3501 et seq.
of these communities may adopt and met prior to the effective suspension
submit the required documentation of List of Subjects in 44 CFR Part 64
date. Since these notifications were
legally enforceable floodplain made, this final rule may take effect Flood insurance, Floodplains.
management measures after this rule is within less than 30 days. Accordingly, 44 CFR part 64 is
published but prior to the actual National Environmental Policy Act. amended as follows:
suspension date. These communities FEMA has determined that the
will not be suspended and will continue community suspension(s) included in PART 64—[AMENDED]
to be eligible for the sale of NFIP flood this rule is a non-discretionary action
insurance. A notice withdrawing the and therefore the National ■ 1. The authority citation for part 64
suspension of such communities will be Environmental Policy Act of 1969 (42 continues to read as follows:
published in the Federal Register. U.S.C. 4321 et seq.) does not apply. Authority: 42 U.S.C. 4001 et seq.,
In addition, FEMA publishes a Flood Regulatory Flexibility Act. The Reorganization Plan No. 3 of 1978, 3 CFR,
Insurance Rate Map (FIRM) that Administrator has determined that this 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
identifies the Special Flood Hazard rule is exempt from the requirements of 3 CFR, 1979 Comp.; p. 376.
Areas (SFHAs) in these communities. the Regulatory Flexibility Act because
§ 64.6 [Amended]
The date of the FIRM, if one has been the National Flood Insurance Act of
published, is indicated in the fourth 1968, as amended, Section 1315, 42 ■ 2. The tables published under the
column of the table. No direct Federal U.S.C. 4022, prohibits flood insurance authority of § 64.6 are amended as
financial assistance (except assistance coverage unless an appropriate public follows:
Date certain
Federal
Effective date authorization/cancellation of
Community Current effective assistance
State and location sale of
No. map date no longer
flood insurance in community available
in SFHAs
Region II
New Jersey:
Brigantine, City of, Atlantic County ....... 345286 May 15, 1970, Emerg; June 18, 1971, Reg; August 28, 2018 August 28, 2018.
August 28, 2018, Susp.
Buena, Borough of, Atlantic County ..... 340004 January 17, 1975, Emerg; March 4, 1983, ......do ............... Do.
Reg; August 28, 2018, Susp.
Hamilton, Township of, Atlantic County 340009 November 26, 1971, Emerg; March 15, ......do ............... Do.
1977, Reg; August 28, 2018, Susp.
Hammonton, Town of, Atlantic County 340010 July 7, 1975, Emerg; January 6, 1982, ......do ............... Do.
daltland on DSKBBV9HB2PROD with RULES
Reg; August 28, 2018, Susp.
Linwood, City of, Atlantic County ......... 340011 March 27, 1974, Emerg; January 19, 1983, ......do ............... Do.
Reg; August 28, 2018, Susp.
Longport, Borough of, Atlantic County 345302 July 10, 1970, Emerg; June 18, 1971, Reg; ......do ............... Do.
August 28, 2018, Susp.
Margate City, City of, Atlantic County .. 345304 July 10, 1970, Emerg; June 19, 1971, Reg; ......do ............... Do.
August 28, 2018, Susp.
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Dated: August 9, 2018. distributors that lease transponder definition of DBS includes entities
Katherine B. Fox, capacity from such licensees. The licensed to operate FSS satellites in the
Assistant Administrator for Mitigation, Commission also denies Petitioners’ Ku band that ‘‘sell or lease capacity to
Federal Insurance and Mitigation alternative request to not apply the FSS a video programming distributor that
Administration—FEMA Resilience, EAS rules to FSS satellite operations offers service directly to consumers
Department of Homeland Security, Federal subject to satellite capacity lease providing a sufficient number of
Emergency Management Agency. agreements already in place when the channels so that four percent of the total
[FR Doc. 2018–18150 Filed 8–22–18; 8:45 am] FSS EAS requirements became effective. applicable programming channels yields
BILLING CODE 9110–12–P The Commission does, however, grant a set aside of at least one channel of
the Petition to the extent that it adopts non-commercial programming pursuant
more specific criteria for determining to [section 25.701(e) of the
FEDERAL COMMUNICATIONS when EAS obligations are triggered for Commission’s rules]’’ (hereinafter,
COMMISSION FSS licensees whose satellites are used ‘‘DTH–FSS licensees’’). The
to provide programming directed Commission anticipated that this
47 CFR Part 11 primarily to consumers outside the U.S., definition would ‘‘ensure[ ] that the EAS
with only incidental reception by rules apply to the vast majority of
[EB Docket No. 04–296, PS Docket No. 15– existing DTH satellite services,
94; FCC 18–102] consumers in the U.S.
particularly those for which viewers
I. Background may have expectations as to available
Review of the Emergency Alert System
A. The EAS warnings based on experience with
AGENCY: Federal Communications broadcast television services.’’ With
Commission. 2. The EAS is a national public respect to compliance requirements, the
warning system through which Commission generally required DBS
ACTION: Petition for partial
broadcasters, cable systems, and other entities to participate in national EAS
reconsideration; final decision. service providers (EAS Participants) activations, and meet related
SUMMARY: In this document, the Federal deliver alerts to the public to warn them monitoring, testing and equipment
Communications Commission (FCC or of impending emergencies and dangers readiness requirements.
Commission) partially denies and to life and property. The primary 5. The Commission, however, allowed
partially grants a petition for partial purpose of the EAS is to provide the DTH–FSS licensees to delegate their
reconsideration of the Emergency Alert President with ‘‘the capability to EAS obligations to the video
System (EAS) requirements for certain provide immediate communications and programming distributors that lease
Fixed Satellite Service (FSS) satellite information to the general public at the capacity on their satellites. Specifically,
operators jointly filed by PanAmSat national, state and local levels during the Commission stated that ‘‘compliance
Corporation, SES Americom, Inc., and periods of national emergency.’’ The with EAS requirements may be
Intelsat, Ltd. EAS also is used by state and local established based upon a certification
governments, as well as the National from a [video programming] distributor
DATES: Effective September 24, 2018.
Weather Service, to distribute alerts. that expressly states that the distributor
FOR FURTHER INFORMATION CONTACT:
B. The EAS First Report and Order has complied with the EAS
Gregory Cooke, Deputy Chief, Policy obligations.’’ The Commission added
and Licensing Division, Public Safety 3. In 2005, in recognition that that the DTH–FSS licensees ‘‘will not be
and Homeland Security Bureau, at (202) consumers were increasingly adopting required to verify compliance by
418–7452, or by email at digital technologies as replacements for distributors unless there is evidence that
Gregory.Cooke@fcc.gov. analog broadcast and cable systems that the distributor has not met its
SUPPLEMENTARY INFORMATION: This is a were already subject to EAS obligation.’’ The Commission concluded
summary of the Commission’s Order on requirements, the Commission adopted that placing ultimate compliance
Reconsideration (Order) in EB Docket the First Report and Order and Further responsibility on the DTH–FSS
No. 04–296 and PS Docket No. 15–94, Notice of Proposed Rulemaking (First licensees under this scheme was not
FCC 18–102, adopted on July 23, 2018, Report and Order) in EB Docket No. 04– unduly burdensome because the
and released on July 24, 2018. The full 296, 70 FR 71023, 71072 (Nov. 25, ‘‘certification requirements can be
text of this document is available for 2005), expanding EAS obligations to included in satellite carriage and leasing
inspection and copying during normal digital television and radio, digital contracts,’’ and because it was similar to
business hours in the FCC Reference cable, and satellite television and radio the certification scheme adopted for FSS
Center (Room CY–A257), 445 12th services. The Commission deemed that Part 25 licensees to meet their DBS
Street SW, Washington, DC 20554. The ‘‘some level of EAS participation must public interest obligations. The
full text may also be downloaded at: be established for these new digital Commission declined to apply EAS
www.fcc.gov. services to ensure that large portions of obligations to Home Satellite Dish
the American public are able to receive (HSD) service, which also falls under
Synopsis national and/or regional public alerts the Commission’s DTH jurisdiction.
1. In the Order, the Commission and warnings.’’
partially denies and partially grants the 4. With respect to satellite video C. The Petition
petition for partial reconsideration services, the Commission, in part 6. The Petitioners state that they
(Petition) of the EAS requirements for pursuant to its jurisdiction under ‘‘support the application of the EAS
FSS satellite operators jointly filed by section 303(v) of the Communications requirements to DTH–FSS services,’’ but
daltland on DSKBBV9HB2PROD with RULES
PanAmSat Corporation, SES Americom, Act of 1934, as amended (the ‘‘Act’’), to seek reconsideration of three aspects of
Inc., and Intelsat, Ltd. (Petitioners). regulate direct-to-home (DTH) satellite the Commission’s decision adopting
Specifically, the Commission denies services, extended EAS obligations to such requirements. First, the Petition
Petitioners’ request to shift the EAS DBS services, as defined in section requests that the Commission modify
obligations adopted for Ku band FSS 25.701(a)(1)–(3) of the Commission’s the FSS EAS requirements adopted in
licensees to the video programming rules. As used in section 25.701(a), the the First Report and Order by applying
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Document Created: 2018-08-23 00:33:13
Document Modified: 2018-08-23 00:33:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
| Contact | If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966. | |
| FR Citation | 83 FR 42600 | |
| CFR Associated | Flood Insurance and Floodplains |
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