83_FR_47258 83 FR 47077 - Suspension of Community Eligibility

83 FR 47077 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range47077-47079
FR Document2018-20257

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 181 (Tuesday, September 18, 2018)
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47077-47079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20257]


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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-8547]


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: Effective 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

[[Page 47078]]

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                                Date certain Federal
      State and location           No.       sale of flood   Current effective map date    assistance no longer
                                             insurance in                                   available in SFHAs
                                               community
----------------------------------------------------------------------------------------------------------------
          Region IV
 
South Carolina:
    Camden, City of, Kershaw       450117  April 2, 1975,    September 28, 2018........  September 28, 2018.
     County.                                Emerg; November
                                            2, 1983, Reg;
                                            September 28,
                                            2018, Susp.
    Kershaw County,                450115  June 10, 1975,    ......do *................   Do.
     Unincorporated Areas.                  Emerg; November
                                            2, 1983, Reg;
                                            September 28,
                                            2018, Susp.
    Lancaster County,              450120  July 3, 1975,     ......do..................   Do.
     Unincorporated Areas.                  Emerg; January
                                            6, 1983, Reg;
                                            September 28,
                                            2018, Susp.
    Sumter, City of, Sumter        450184  December 11,      ......do..................   Do.
     County.                                1973, Emerg;
                                            March 1, 1978,
                                            Reg; September
                                            28, 2018, Susp.
    Sumter County,                 450182  September 17,     ......do..................   Do.
     Unincorporated Areas.                  1979, Emerg;
                                            January 5,
                                            1989, Reg;
                                            September 28,
                                            2018, Susp.
 
           Region V
 
Wisconsin:
    Marathon County,               550245  April 9, 1971,    ......do..................   Do.
     Unincorporated Areas.                  Emerg; February
                                            1, 1979, Reg;
                                            September 28,
                                            2018, Susp.
    Rothschild, Village of,        555577  April 2, 1971,    ......do..................   Do.
     Marathon County.                       Emerg; May 11,
                                            1973, Reg;
                                            September 28,
                                            2018, Susp.
    Wausau, City of, Marathon      550258  April 2, 1971,    ......do..................   Do.
     County.                                Emerg; January
                                            5, 1978, Reg;
                                            September 28,
                                            2018, Susp.
    Weston, Village of,            550323  N/A, Emerg;       ......do..................   Do.
     Marathon County.                       April 10, 2008,
                                            Reg; September
                                            28, 2018, Susp.
 
           Region X
 
Oregon:
    Bay City, City of,             410197  June 11, 1974,    ......do..................   Do.
     Tillamook County.                      Emerg; August
                                            1, 1978, Reg;
                                            September 28,
                                            2018, Susp.
    Garibaldi, City of,            410280  November 13,      ......do..................   Do.
     Tillamook County.                      1975, Emerg;
                                            April 17, 1978,
                                            Reg; September
                                            28, 2018, Susp.
    Manzanita, City of,            410199  November 8,       ......do..................   Do.
     Tillamook County.                      1974, Emerg;
                                            May 1, 1978,
                                            Reg; September
                                            28, 2018, Susp.
    Nehalem, City of,              410200  April 17, 1973,   ......do..................   Do.
     Tillamook County.                      Emerg; April 3,
                                            1978, Reg;
                                            September 28,
                                            2018, Susp.
    Rockaway Beach, City of,       410201  November 18,      September 28, 2018........  September 28, 2018.
     Tillamook County.                      1974, Emerg;
                                            September 29,
                                            1978, Reg;
                                            September 28,
                                            2018, Susp.
    Tillamook, City of,            410202  March 30, 1973,   ......do..................   Do.
     Tillamook County.                      Emerg; May 1,
                                            1978, Reg;
                                            September 28,
                                            2018, Susp.
    Tillamook County,              410196  December 29,      ......do..................   Do.
     Unincorporated Areas.                  1972, Emerg;
                                            August 1, 1978,
                                            Reg; September
                                            28, 2018, Susp.
    Wheeler, City of,              410203  March 27, 1974,   ......do..................   Do.
     Tillamook County.                      Emerg; November
                                            16, 1977, Reg;
                                            September 28,
                                            2018, Susp.
----------------------------------------------------------------------------------------------------------------
* ......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 47079]]

    Dated: September 6, 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. 2018-20257 Filed 9-17-18; 8:45 am]
 BILLING CODE 9110-12-P



                                                              Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations                                     47077

                                             copy of the final partial deletion                      DEPARTMENT OF HOMELAND                                prohibits the sale of NFIP flood
                                             package, including a Responsiveness                     SECURITY                                              insurance unless an appropriate public
                                             Summary, if prepared, in docket EPA–                                                                          body adopts adequate floodplain
                                             HQ–SFUND–1990–0011, accessed                            Federal Emergency Management                          management measures with effective
                                             through the http://www.regulations.gov                  Agency                                                enforcement measures. The
                                             website and in the Beloit Site                                                                                communities listed in this document no
                                             repositories.                                           44 CFR Part 64                                        longer meet that statutory requirement
                                                                                                     [Docket ID FEMA–2018–0002; Internal
                                                                                                                                                           for compliance with program
                                               Information Repositories:                                                                                   regulations, 44 CFR part 59.
                                             Comprehensive information on the                        Agency Docket No. FEMA–8547]
                                                                                                                                                           Accordingly, the communities will be
                                             Beloit Site, as well as the comments that               Suspension of Community Eligibility                   suspended on the effective date in the
                                             we received during the comment period,                                                                        third column. As of that date, flood
                                             are available in docket [EPA–HQ–                        AGENCY:  Federal Emergency                            insurance will no longer be available in
                                             SFUND–1990–0011], accessed through                      Management Agency, DHS.                               the community. We recognize that some
                                             the http://www.regulations.gov website.                 ACTION: Final rule.                                   of these communities may adopt and
                                             Although listed in the docket index,                                                                          submit the required documentation of
                                             some information is not publicly                        SUMMARY:    This rule identifies                      legally enforceable floodplain
                                             available, e.g., CBI or other information               communities where the sale of flood                   management measures after this rule is
                                                                                                     insurance has been authorized under                   published but prior to the actual
                                             whose disclosure is restricted by statue.
                                                                                                     the National Flood Insurance Program                  suspension date. These communities
                                             Certain other material, such as
                                                                                                     (NFIP) that are scheduled for                         will not be suspended and will continue
                                             copyrighted material, will be publicly                  suspension on the effective dates listed
                                             available only in hard copy. Publicly                                                                         to be eligible for the sale of NFIP flood
                                                                                                     within this rule because of                           insurance. A notice withdrawing the
                                             available docket materials are available                noncompliance with the floodplain
                                             either electronically in http://                                                                              suspension of such communities will be
                                                                                                     management requirements of the                        published in the Federal Register.
                                             www.regulations.gov or in hard copy at:                 program. If the Federal Emergency                        In addition, FEMA publishes a Flood
                                                U.S. Environmental Protection                        Management Agency (FEMA) receives                     Insurance Rate Map (FIRM) that
                                             Agency, Region 5, Superfund Records                     documentation that the community has                  identifies the Special Flood Hazard
                                             Center, 77 West Jackson Boulevard, 7th                  adopted the required floodplain                       Areas (SFHAs) in these communities.
                                             Floor South, Chicago, IL 60604, Phone:                  management measures prior to the                      The date of the FIRM, if one has been
                                             (312) 886–0900, Hours: Monday through                   effective suspension date given in this               published, is indicated in the fourth
                                             Friday, 8 a.m. to 4 p.m., excluding                     rule, the suspension will not occur and               column of the table. No direct Federal
                                             Federal holidays.                                       a notice of this will be provided by                  financial assistance (except assistance
                                                                                                     publication in the Federal Register on a              pursuant to the Robert T. Stafford
                                                Talcott Free Library, 101 East Main                  subsequent date. Also, information                    Disaster Relief and Emergency
                                             Street, Rockton, IL 61072, Phone: (815)                 identifying the current participation                 Assistance Act not in connection with a
                                             624–7511, Hours: Monday, Tuesday and                    status of a community can be obtained                 flood) may be provided for construction
                                             Thursday, 9 a.m. to 8 p.m., Wednesday                   from FEMA’s Community Status Book                     or acquisition of buildings in identified
                                             and Friday 9 a.m. to 5:30 p.m., and                     (CSB). The CSB is available at https://               SFHAs for communities not
                                             Saturday 9 a.m. to 3 p.m.                               www.fema.gov/national-flood-                          participating in the NFIP and identified
                                             List of Subjects in 40 CFR Part 300                     insurance-program-community-status-                   for more than a year on FEMA’s initial
                                                                                                     book.                                                 FIRM for the community as having
                                               Environmental protection, Air                         DATES:  Effective Dates: The effective                flood-prone areas (section 202(a) of the
                                             pollution control, Chemicals, Hazardous                 date of each community’s scheduled                    Flood Disaster Protection Act of 1973,
                                             waste, Hazardous substances,                            suspension is the third date (‘‘Susp.’’)              42 U.S.C. 4106(a), as amended). This
                                             Intergovernmental relations, Penalties,                 listed in the third column of the                     prohibition against certain types of
                                             Reporting and recordkeeping                             following tables.                                     Federal assistance becomes effective for
                                             requirements, Superfund, Water                                                                                the communities listed on the date
                                                                                                     FOR FURTHER INFORMATION CONTACT: If
                                             pollution control, Water supply.                                                                              shown in the last column. The
                                                                                                     you want to determine whether a                       Administrator finds that notice and
                                               Authority: 33 U.S.C. 1321(d); 42 U.S.C.               particular community was suspended                    public comment procedures under 5
                                             9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,              on the suspension date or for further                 U.S.C. 553(b), are impracticable and
                                             2013 Comp., p. 306; E.O. 12777, 56 FR 54757,            information, contact Adrienne L.                      unnecessary because communities listed
                                             3 CFR, 1991 Comp., p. 351; E.O. 12580, 52               Sheldon, PE, CFM, Federal Insurance                   in this final rule have been adequately
                                             FR 2923, 3 CFR, 1987 Comp., p. 193.                     and Mitigation Administration, Federal                notified.
                                               Dated: September 7, 2018.
                                                                                                     Emergency Management Agency, 400 C                       Each community receives 6-month,
                                                                                                     Street SW, Washington, DC 20472, (202)                90-day, and 30-day notification letters
                                             James Payne,                                            212–3966.                                             addressed to the Chief Executive Officer
                                             Acting Regional Administrator, Region 5.                SUPPLEMENTARY INFORMATION: The NFIP                   stating that the community will be
                                             ■ Accordingly, the amendment to Table                   enables property owners to purchase                   suspended unless the required
                                                                                                     Federal flood insurance that is not                   floodplain management measures are
                                             1 of Appendix B to 40 CFR part 300 to
                                                                                                     otherwise generally available from                    met prior to the effective suspension
                                             add a ‘‘P’’ in the Notes column in the
                                                                                                     private insurers. In return, communities
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                                                                                                                                                           date. Since these notifications were
                                             entry ‘‘IL’’, ‘‘Beloit Corp.’’, ‘‘Rockton’’,
                                                                                                     agree to adopt and administer local                   made, this final rule may take effect
                                             published on July 16, 2018 (83 FR                       floodplain management measures aimed                  within less than 30 days.
                                             32798), is withdrawn as of September                    at protecting lives and new construction                 National Environmental Policy Act.
                                             14, 2018.                                               from future flooding. Section 1315 of                 FEMA has determined that the
                                             [FR Doc. 2018–20163 Filed 9–14–18; 8:45 am]             the National Flood Insurance Act of                   community suspension(s) included in
                                             BILLING CODE 6560–50–P                                  1968, as amended, 42 U.S.C. 4022,                     this rule is a non-discretionary action


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                                             47078            Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations

                                             and therefore the National                                      communities unless remedial action                       List of Subjects in 44 CFR Part 64
                                             Environmental Policy Act of 1969 (42                            takes place.
                                             U.S.C. 4321 et seq.) does not apply.                              Regulatory Classification. This final                       Flood insurance, Floodplains.
                                                                                                             rule is not a significant regulatory action                Accordingly, 44 CFR part 64 is
                                                Regulatory Flexibility Act. The
                                                                                                             under the criteria of section 3(f) of                    amended as follows:
                                             Administrator has determined that this                          Executive Order 12866 of September 30,
                                             rule is exempt from the requirements of                         1993, Regulatory Planning and Review,                    PART 64—[AMENDED]
                                             the Regulatory Flexibility Act because                          58 FR 51735.
                                             the National Flood Insurance Act of                               Executive Order 13132, Federalism.
                                             1968, as amended, Section 1315, 42                                                                                       ■ 1. The authority citation for Part 64
                                                                                                             This rule involves no policies that have                 continues to read as follows:
                                             U.S.C. 4022, prohibits flood insurance                          federalism implications under Executive
                                             coverage unless an appropriate public                           Order 13132.                                               Authority: 42 U.S.C. 4001 et seq.;
                                             body adopts adequate floodplain                                   Executive Order 12988, Civil Justice                   Reorganization Plan No. 3 of 1978, 3 CFR,
                                                                                                             Reform. This rule meets the applicable                   1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
                                             management measures with effective
                                                                                                                                                                      3 CFR, 1979 Comp.; p. 376.
                                             enforcement measures. The                                       standards of Executive Order 12988.
                                             communities listed no longer comply                               Paperwork Reduction Act. This rule                     § 64.6      [Amended]
                                             with the statutory requirements, and                            does not involve any collection of
                                             after the effective date, flood insurance                       information for purposes of the                          ■ 2. The tables published under the
                                             will no longer be available in the                              Paperwork Reduction Act, 44 U.S.C.                       authority of § 64.6 are amended as
                                                                                                             3501 et seq.                                             follows:
                                                                                                                                                                                                                       Date certain
                                                                                                         Community     Effective date authorization/cancellation of sale         Current effective                  Federal assistance
                                                              State and location                            No.                of flood insurance in community                      map date                        no longer available
                                                                                                                                                                                                                         in SFHAs

                                                               Region IV
                                             South Carolina:
                                                 Camden, City of, Kershaw County .................           450117   April 2, 1975, Emerg; November 2, 1983, Reg;          September 28, 2018 ....                September 28, 2018.
                                                                                                                        September 28, 2018, Susp.
                                                 Kershaw County, Unincorporated Areas ........               450115   June 10, 1975, Emerg; November 2, 1983, Reg;          ......do * .........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Lancaster County, Unincorporated Areas ......               450120   July 3, 1975, Emerg; January 6, 1983, Reg;            ......do ...........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Sumter, City of, Sumter County .....................        450184   December 11, 1973, Emerg; March 1, 1978,              ......do ...........................       Do.
                                                                                                                        Reg; September 28, 2018, Susp.
                                                 Sumter County, Unincorporated Areas ..........              450182   September 17, 1979, Emerg; January 5, 1989,           ......do ...........................       Do.
                                                                                                                        Reg; September 28, 2018, Susp.
                                                              Region V
                                             Wisconsin:
                                                 Marathon County, Unincorporated Areas ......                550245   April 9, 1971, Emerg; February 1, 1979, Reg;          ......do ...........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Rothschild, Village of, Marathon County ........            555577   April 2, 1971, Emerg; May 11, 1973, Reg; Sep-         ......do ...........................       Do.
                                                                                                                        tember 28, 2018, Susp.
                                                 Wausau, City of, Marathon County ................           550258   April 2, 1971, Emerg; January 5, 1978, Reg;           ......do ...........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Weston, Village of, Marathon County ............            550323   N/A, Emerg; April 10, 2008, Reg; September 28,        ......do ...........................       Do.
                                                                                                                        2018, Susp.
                                                                 Region X
                                             Oregon:
                                                 Bay City, City of, Tillamook County ...............         410197   June 11, 1974, Emerg; August 1, 1978, Reg;            ......do ...........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Garibaldi, City of, Tillamook County ..............         410280   November 13, 1975, Emerg; April 17, 1978, Reg;        ......do ...........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Manzanita, City of, Tillamook County ............           410199   November 8, 1974, Emerg; May 1, 1978, Reg;            ......do ...........................       Do.
                                                                                                                        September 28, 2018, Susp.
                                                 Nehalem, City of, Tillamook County ..............           410200   April 17, 1973, Emerg; April 3, 1978, Reg; Sep-       ......do ...........................       Do.
                                                                                                                        tember 28, 2018, Susp.
                                                 Rockaway Beach, City of, Tillamook County                   410201   November 18, 1974, Emerg; September 29,               September 28, 2018 ....                September 28, 2018.
                                                                                                                        1978, Reg; September 28, 2018, Susp.
                                                 Tillamook, City of, Tillamook County .............          410202   March 30, 1973, Emerg; May 1, 1978, Reg; Sep-         ......do ...........................       Do.
                                                                                                                        tember 28, 2018, Susp.
                                                 Tillamook County, Unincorporated Areas ......               410196   December 29, 1972, Emerg; August 1, 1978,             ......do ...........................       Do.
                                                                                                                        Reg; September 28, 2018, Susp.
                                                 Wheeler, City of, Tillamook County ...............          410203   March 27, 1974, Emerg; November 16, 1977,             ......do ...........................       Do.
                                                                                                                        Reg; September 28, 2018, Susp.
                                               * ......do and Do = Ditto.
                                               Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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                                                              Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations                                                47079

                                               Dated: September 6, 2018.                             Commission has prepared a Final                       appropriation.5 Regulatory fees,
                                             Katherine B. Fox,                                       Regulatory Flexibility Analysis (FRFA)                mandated by Congress, are collected ‘‘to
                                             Assistant Administrator for Mitigation,                 relating to this Report and Order. The                recover the costs of . . . enforcement
                                             Federal Insurance and Mitigation                        FRFA is located towards the end of this               activities, policy and rulemaking
                                             Administration—FEMA Resilience,                         document.                                             activities, user information services, and
                                             Department of Homeland Security, Federal                                                                      international activities.’’ 6 Regulatory
                                             Emergency Management Agency.                            B. Final Paperwork Reduction Act of
                                                                                                     1995 Analysis                                         fees are to ‘‘be derived by determining
                                             [FR Doc. 2018–20257 Filed 9–17–18; 8:45 am]                                                                   the full-time equivalent number of
                                             BILLING CODE 9110–12–P                                    2. This document does not contain                   employees performing’’ these activities,
                                                                                                     new or modified information collection                ‘‘adjusted to take into account factors
                                                                                                     requirements subject to the Paperwork                 that are reasonably related to the
                                             FEDERAL COMMUNICATIONS                                  Reduction Act of 1995 (PRA), Public                   benefits provided to the payer of the fee
                                             COMMISSION                                              Law 104–13. In addition, therefore, it                by the Commission’s activities. . . . .’’ 7
                                                                                                     does not contain any new or modified                  Regulatory fees recover direct costs,
                                             47 CFR Part 1                                           information collection burden for small               such as salary and expenses; indirect
                                             [MD Docket No. 18–175; FCC 18–126]
                                                                                                     business concerns with fewer than 25                  costs, such as overhead functions; and
                                                                                                     employees, pursuant to the Small                      support costs, such as rent, utilities, and
                                             Assessment and Collection of                            Business Paperwork Relief Act of 2002,                equipment.8 Regulatory fees also cover
                                             Regulatory Fees for Fiscal Year 2018                    Public Law 107–198, see 44 U.S.C.                     the costs incurred in regulating entities
                                                                                                     3506(c)(4).                                           that are statutorily exempt from paying
                                             AGENCY:  Federal Communications
                                             Commission.                                             C. Congressional Review Act                           regulatory fees,9 entities whose
                                                                                                       3. The Commission will send a copy                  regulatory fees are waived,10 and
                                             ACTION: Final rule.
                                                                                                     of the Report and Order to Congress and               entities providing services for which we
                                             SUMMARY:    In this document, the                       the Government Accountability Office                  do not assess regulatory fees.
                                             Commission revises its Schedule of                      pursuant to the Congressional Review                     4. Congress sets the amount of
                                             Regulatory Fees to recover an amount of                 Act, 5 U.S.C. 801(a)(1)(A).                           regulatory fees the Commission must
                                             $322,035,000 that Congress has required                                                                       collect each year in the Commission’s
                                             the Commission to collect for fiscal year               II. Introduction                                      fiscal year appropriations. Section
                                             2018. Section 9 of the Communications                      1. This Report and Order adopts a                  9(a)(2) of the Communications Act
                                             Act of 1934, as amended, provides for                   schedule of regulatory fees to assess and             requires the Commission to collect fees
                                             the annual assessment and collection of                 collect $322,035,000 in regulatory fees               sufficient to offset the amount
                                             regulatory fees under sections 9(b)(2)                  for fiscal year (FY) 2018, pursuant to                appropriated.11 To calculate regulatory
                                             and 9(b)(3), respectively, for annual                   section 9 2 of the Communications Act                 fees, the Commission allocates the total
                                             ‘‘Mandatory Adjustments’’ and                           of 1934, as amended, and the                          collection target across all regulatory fee
                                             ‘‘Permitted Amendments’’ to the                         Commission’s FY 2018 Appropriation.3                  categories. The allocation of fees to fee
                                             Schedule of Regulatory Fees.                            The schedule of regulatory fees for FY                categories is based on the Commission’s
                                             DATES: Effective September 18, 2018,                    2018 adopted herein is attached in                    calculation of Full Time Employees
                                             except for the amendment to § 1.1940,                   Table 4. The regulatory fees for all                  (FTEs) in each regulatory fee category.12
                                             which is effective October 1, 2018. To                  payors are due in September 2018.                     FTEs are classified as ‘‘direct’’ if the
                                             avoid penalties and interest, regulatory                   2. Additionally, we amend our rules                employee is in one of the four ‘‘core’’
                                             fees should be paid by the due date of                  in accordance with the directives of the              bureaus; otherwise, that employee is
                                             September 25, 2018.                                     RAY BAUM’S Act regarding the                          considered an ‘‘indirect’’ FTE.13 The
                                             FOR FURTHER INFORMATION CONTACT:                        collection of delinquent debts.4 This
                                             Roland Helvajian, Office of Managing                    rule change will become effective on                    5 47 U.S.C. 159(b)(1)(B).
                                             Director at (202) 418–0444.                             October 1, 2018.                                        6 47 U.S.C. 159(a).
                                                                                                                                                             7 47 U.S.C. 159(b)(1)(A).
                                             SUPPLEMENTARY INFORMATION: This is a                    III. Background                                         8 Assessment and Collection of Regulatory Fees
                                             summary of the Commission’s Report
                                                                                                        3. The Commission is required by                   for Fiscal Year 2004, Report and Order, 19 FCC Rcd
                                             and Order, FCC 18–126, MD Docket No.                                                                          11662, 11666, paragraph 11 (2004) (FY 2004 Report
                                                                                                     Congress to assess regulatory fees each
                                             18–175, adopted on August 28, 2018                                                                            and Order), 69 FR 41028 (July 7, 2004).
                                                                                                     year in an amount that can reasonably
                                             and released on August 29, 2018. The                                                                            9 For example, governmental and nonprofit
                                                                                                     be expected to equal the amount of its                entities are exempt from regulatory fees under
                                             full text of this document is available for
                                                                                                                                                           section 9(h). 47 U.S.C. 159(h); 47 CFR 1.1162.
                                             public inspection and copying during
                                                                                                     Regulatory Enforcement Fairness Act of 1996             10 47 CFR 1.1166.
                                             normal business hours in the FCC                        (SBREFA), Public Law 104–121, Title II, 110 Stat.       11 47 U.S.C. 159(a)(2).
                                             Reference Center (Room CY–A257), 445                    847 (1996). The SBREFA was enacted as Title II of       12 One FTE is a unit of measure equal to the work

                                             12th Street SW, Washington, DC 20554,                   the Contract with America Advancement Act of          performed annually by a full-time person (working
                                             or by downloading the text from the                     1996 (CWAAA).                                         a 40 hour workweek for a full year) assigned to the
                                                                                                       2 47 U.S.C. 159. Although the Repack Airwaves
                                             Commission’s website at http://                                                                               particular job, and subject to agency personnel
                                                                                                     Yielding Better Access for Users of Modern Services   staffing limitations established by the U.S. Office of
                                             transition.fcc.gov/Daily_Releases/Daily_                Act of 2018, or the RAY BAUM’S Act of 2018,           Management and Budget.
                                             Business/2017/db0906/FCC-17-                            amended sections 8 and 9 and added section 9A to        13 The core bureaus, which have the direct FTEs,

                                             111A1.pdf.                                              the Communications Act, those provisions do not       are the Wireline Competition Bureau (124),
                                                                                                     become effective until October 1, 2018.               Wireless Telecommunications Bureau (101), Media
                                             I. Administrative Matters                               Consolidated Appropriations Act, 2018, Public Law     Bureau (135), and part of the International Bureau
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Number 115–141, 132 Stat. 1084, Division P—RAY        (24). The indirect FTEs are the employees from the
                                             A. Final Regulatory Flexibility Analysis                BAUM’s Act of 2018, Title I, 103 (2018).              following bureaus and offices: Enforcement Bureau
                                                                                                       3 Consolidated Appropriations Act, 2018,
                                               1. As required by the Regulatory                                                                            (203), Consumer & Governmental Affairs Bureau
                                                                                                     Division E—Financial Services and General             (136), Public Safety and Homeland Security Bureau
                                             Flexibility Act of 1980 (RFA),1 the                     Government Appropriations Act, 2018, Title V—         (104), part of the International Bureau (72), part of
                                                                                                     Independent Agencies, Public Law 115–141 (March       the Wireline Competition Bureau (38), Chairman
                                               1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–        23, 2018) (FCC FY 2018 Appropriation).                and Commissioners’ offices (15), Office of the
                                             612, has been amended by the Small Business               4 See supra note 1.                                                                              Continued




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Document Created: 2018-09-18 01:19:09
Document Modified: 2018-09-18 01:19:09
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.
DatesEffective Dates: The 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 47077 
CFR AssociatedFlood Insurance and Floodplains

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