83 FR 50289 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range		50289-50290
FR Document		2018-21758

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 194 (Friday, October 5, 2018)

[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50289-50290]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-21758]

[[Page 50289]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8551]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec. 64.6 [Amended]

0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:

[[Page 50290]]

----------------------------------------------------------------------------------------------------------------
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 IV
North Carolina:
Chapel Hill, Town of, 370180 February 9, 1973, Oct. 19, 2018......... Oct. 19, 2018.
Durham and Orange Emerg; April 17,
Counties. 1978, Reg;
October 19, 2018,
Susp.
Chatham County, 370299 N/A, Emerg; March ......do*............. Do.
Unincorporated Areas. 4, 1997, Reg;
October 19, 2018,
Susp.
Durham, City of, Durham 370086 July 13, 1973, ......do.............. Do.
County. Emerg; January
17, 1979, Reg;
October 19, 2018,
Susp.
Durham County, 370085 March 16, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1979, Reg;
October 19, 2018,
Susp.
Orange County, 370342 July 15, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; March 16,
1981, Reg;
October 19, 2018,
Susp.
Region V
Ohio:
Butler County, 390037 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. October 5, 1989,
Reg; October 19,
2018, Susp.
Fairfield, City of, Butler 390038 October 21, 1974, ......do.............. Do.
and Hamilton Counties. Emerg; March 15,
1979, Reg;
October 19, 2018,
Susp.
Hamilton, City of, Butler 390039 April 4, 1974, ......do.............. Do.
County. Emerg; July 15,
1977, Reg;
October 19, 2018,
Susp.
Middletown, City of, 390040 June 13, 1975, ......do.............. Do.
Butler and Warren Emerg; March 2,
Counties. 1979, Reg;
October 19, 2018,
Susp.
Millville, Village of, 390041 March 26, 1979, ......do.............. Do.
Butler County. Emerg; February
4, 1981, Reg;
October 19, 2018,
Susp.
Monroe, City of, Butler 390042 August 18, 1975, ......do.............. Do.
and Warren Counties. Emerg; August 5,
1991, Reg;
October 19, 2018,
Susp.
New Miami, Village of, 390043 October 24, 1975, ......do.............. Do.
Butler County.. Emerg; February
18, 1981, Reg;
October 19, 2018,
Susp.
Seven Mile, Village of, 390045 July 7, 1975, ......do.............. Do.
Butler County. Emerg; August 24,
1981, Reg;
October 19, 2018,
Susp.
Trenton, City of, Butler 390047 May 12, 1975, ......do.............. Do.
County. Emerg; September
3, 1979, Reg;
October 19, 2018,
Susp.
Region X
Oregon:
Beaverton, City of, 410240 October 30, 1974, ......do.............. Do.
Washington County. Emerg; September
28, 1984, Reg;
October 19, 2018,
Susp.
Forest Grove, City of, 410241 June 4, 1975, Oct. 19, 2018......... Oct. 19, 2018.
Washington County. Emerg; March 15,
1982, Reg;
October 19, 2018,
Susp.
Hillsboro, City of, 410243 January 20, 1975, ......do.............. Do.
Washington County. Emerg; May 17,
1982, Reg;
October 19, 2018,
Susp.
King City, City of, 410269 November 14, 1974, ......do.............. Do.
Washington County. Emerg; February
11, 1976, Reg;
October 19, 2018,
Susp.
North Plains, City of, 410270 March 25, 1977, ......do.............. Do.
Washington County. Emerg; April 1,
1982, Reg;
October 19, 2018,
Susp.
Sherwood, City of, 410273 February 4, 1981, ......do.............. Do.
Washington County. Emerg; January 6,
1982, Reg;
October 19, 2018,
Susp.
Tigard, City of, 410276 February 5, 1975, ......do.............. Do.
Washington County. Emerg; March 1,
1982, Reg;
October 19, 2018,
Susp.
Tualatin, City of, 410277 July 3, 1974, ......do.............. Do.
Clackamas and Washington Emerg; February
Counties. 17, 1982, Reg;
October 19, 2018,
Susp.
Washington County, 410238 April 10, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1982, Reg;
Oct. 19, 2018,
Susp.
----------------------------------------------------------------------------------------------------------------
do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: September 27, 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. 2018-21758 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-12-P

Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations 50289

DEPARTMENT OF HOMELAND from future flooding. Section 1315 of date. Since these notifications were
SECURITY the National Flood Insurance Act of made, this final rule may take effect
1968, as amended, 42 U.S.C. 4022, within less than 30 days.
Federal Emergency Management prohibits the sale of NFIP flood National Environmental Policy Act.
Agency insurance unless an appropriate public FEMA has determined that the
body adopts adequate floodplain community suspension(s) included in
44 CFR Part 64 management measures with effective this rule is a non-discretionary action
enforcement measures. The and therefore the National
[Docket ID FEMA–2018–0002; Internal
Agency Docket No. FEMA–8551] communities listed in this document no Environmental Policy Act of 1969 (42
longer meet that statutory requirement U.S.C. 4321 et seq.) does not apply.
Suspension of Community Eligibility for compliance with program Regulatory Flexibility Act. The
regulations, 44 CFR part 59. Administrator has determined that this
AGENCY: Federal Emergency Accordingly, the communities will be rule is exempt from the requirements of
Management Agency, DHS. suspended on the effective date in the the Regulatory Flexibility Act because
ACTION: Final rule. third column. As of that date, flood the National Flood Insurance Act of
insurance will no longer be available in 1968, as amended, Section 1315, 42
SUMMARY: This rule identifies the community. We recognize that some U.S.C. 4022, prohibits flood insurance
communities where the sale of flood of these communities may adopt and coverage unless an appropriate public
insurance has been authorized under submit the required documentation of body adopts adequate floodplain
the National Flood Insurance Program legally enforceable floodplain management measures with effective
(NFIP) that are scheduled for management measures after this rule is enforcement measures. The
suspension on the effective dates listed published but prior to the actual communities listed no longer comply
within this rule because of suspension date. These communities with the statutory requirements, and
noncompliance with the floodplain will not be suspended and will continue after the effective date, flood insurance
management requirements of the to be eligible for the sale of NFIP flood will no longer be available in the
program. If the Federal Emergency insurance. A notice withdrawing the communities unless remedial action
Management Agency (FEMA) receives suspension of such communities will be takes place.
documentation that the community has published in the Federal Register.
adopted the required floodplain In addition, FEMA publishes a Flood Regulatory Classification. This final
management measures prior to the Insurance Rate Map (FIRM) that rule is not a significant regulatory action
effective suspension date given in this identifies the Special Flood Hazard under the criteria of section 3(f) of
rule, the suspension will not occur and Areas (SFHAs) in these communities. Executive Order 12866 of September 30,
a notice of this will be provided by The date of the FIRM, if one has been 1993, Regulatory Planning and Review,
publication in the Federal Register on a published, is indicated in the fourth 58 FR 51735.
subsequent date. Also, information column of the table. No direct Federal Executive Order 13132, Federalism.
identifying the current participation financial assistance (except assistance This rule involves no policies that have
status of a community can be obtained pursuant to the Robert T. Stafford federalism implications under Executive
from FEMA’s Community Status Book Disaster Relief and Emergency Order 13132.
(CSB). The CSB is available at https:// Assistance Act not in connection with a Executive Order 12988, Civil Justice
www.fema.gov/national-flood- flood) may be provided for construction Reform. This rule meets the applicable
insurance-program-community-status- or acquisition of buildings in identified standards of Executive Order 12988.
book. SFHAs for communities not Paperwork Reduction Act. This rule
participating in the NFIP and identified does not involve any collection of
DATES: The effective date of each information for purposes of the
for more than a year on FEMA’s initial
community’s scheduled suspension is Paperwork Reduction Act, 44 U.S.C.
FIRM for the community as having
the third date (‘‘Susp.’’) listed in the 3501 et seq.
flood-prone areas (section 202(a) of the
third column of the following tables.
Flood Disaster Protection Act of 1973, List of Subjects in 44 CFR Part 64
FOR FURTHER INFORMATION CONTACT: If 42 U.S.C. 4106(a), as amended). This
you want to determine whether a prohibition against certain types of Flood insurance, Floodplains.
particular community was suspended Federal assistance becomes effective for Accordingly, 44 CFR part 64 is
on the suspension date or for further the communities listed on the date amended as follows:
information, contact Adrienne L. shown in the last column. The
Sheldon, PE, CFM, Federal Insurance Administrator finds that notice and PART 64—[AMENDED]
and Mitigation Administration, Federal public comment procedures under 5
Emergency Management Agency, 400 C U.S.C. 553(b), are impracticable and ■ 1. The authority citation for part 64
Street SW, Washington, DC 20472, (202) unnecessary because communities listed continues to read as follows:
212–3966. in this final rule have been adequately Authority: 42 U.S.C. 4001 et seq.;
SUPPLEMENTARY INFORMATION: The NFIP notified. Reorganization Plan No. 3 of 1978, 3 CFR,
enables property owners to purchase Each community receives 6-month, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Federal flood insurance that is not 90-day, and 30-day notification letters 3 CFR, 1979 Comp.; p. 376.
otherwise generally available from addressed to the Chief Executive Officer
§ 64.6 [Amended]
private insurers. In return, communities stating that the community will be
daltland on DSKBBV9HB2PROD with RULES

agree to adopt and administer local suspended unless the required ■ 2. The tables published under the
floodplain management measures aimed floodplain management measures are authority of § 64.6 are amended as
at protecting lives and new construction met prior to the effective suspension follows:

VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1

50290 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

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

Region IV
North Carolina:
Chapel Hill, Town of, Durham and Or- 370180 February 9, 1973, Emerg; April 17, 1978, Oct. 19, 2018 ... Oct. 19, 2018.
ange Counties. Reg; October 19, 2018, Susp.
Chatham County, Unincorporated Areas 370299 N/A, Emerg; March 4, 1997, Reg; October ......do* .............. Do.
19, 2018, Susp.
Durham, City of, Durham County .......... 370086 July 13, 1973, Emerg; January 17, 1979, ......do ............... Do.
Reg; October 19, 2018, Susp.
Durham County, Unincorporated Areas 370085 March 16, 1973, Emerg; February 15, 1979, ......do ............... Do.
Reg; October 19, 2018, Susp.
Orange County, Unincorporated Areas 370342 July 15, 1975, Emerg; March 16, 1981, ......do ............... Do.
Reg; October 19, 2018, Susp.
Region V
Ohio:
Butler County, Unincorporated Areas ... 390037 N/A, Emerg; October 5, 1989, Reg; October ......do ............... Do.
19, 2018, Susp.
Fairfield, City of, Butler and Hamilton 390038 October 21, 1974, Emerg; March 15, 1979, ......do ............... Do.
Counties. Reg; October 19, 2018, Susp.
Hamilton, City of, Butler County ............ 390039 April 4, 1974, Emerg; July 15, 1977, Reg; ......do ............... Do.
October 19, 2018, Susp.
Middletown, City of, Butler and Warren 390040 June 13, 1975, Emerg; March 2, 1979, ......do ............... Do.
Counties. Reg; October 19, 2018, Susp.
Millville, Village of, Butler County .......... 390041 March 26, 1979, Emerg; February 4, 1981, ......do ............... Do.
Reg; October 19, 2018, Susp.
Monroe, City of, Butler and Warren 390042 August 18, 1975, Emerg; August 5, 1991, ......do ............... Do.
Counties. Reg; October 19, 2018, Susp.
New Miami, Village of, Butler County. .. 390043 October 24, 1975, Emerg; February 18, ......do ............... Do.
1981, Reg; October 19, 2018, Susp.
Seven Mile, Village of, Butler County ... 390045 July 7, 1975, Emerg; August 24, 1981, Reg; ......do ............... Do.
October 19, 2018, Susp.
Trenton, City of, Butler County .............. 390047 May 12, 1975, Emerg; September 3, 1979, ......do ............... Do.
Reg; October 19, 2018, Susp.
Region X
Oregon:
Beaverton, City of, Washington County 410240 October 30, 1974, Emerg; September 28, ......do ............... Do.
1984, Reg; October 19, 2018, Susp.
Forest Grove, City of, Washington 410241 June 4, 1975, Emerg; March 15, 1982, Oct. 19, 2018 .... Oct. 19, 2018.
County. Reg; October 19, 2018, Susp.
Hillsboro, City of, Washington County .. 410243 January 20, 1975, Emerg; May 17, 1982, ......do ............... Do.
Reg; October 19, 2018, Susp.
King City, City of, Washington County .. 410269 November 14, 1974, Emerg; February 11, ......do ............... Do.
1976, Reg; October 19, 2018, Susp.
North Plains, City of, Washington Coun- 410270 March 25, 1977, Emerg; April 1, 1982, Reg; ......do ............... Do.
ty. October 19, 2018, Susp.
Sherwood, City of, Washington County 410273 February 4, 1981, Emerg; January 6, 1982, ......do ............... Do.
Reg; October 19, 2018, Susp.
Tigard, City of, Washington County ...... 410276 February 5, 1975, Emerg; March 1, 1982, ......do ............... Do.
Reg; October 19, 2018, Susp.
Tualatin, City of, Clackamas and Wash- 410277 July 3, 1974, Emerg; February 17, 1982, ......do ............... Do.
ington Counties. Reg; October 19, 2018, Susp.
Washington County, Unincorporated 410238 April 10, 1973, Emerg; September 30, ......do ............... Do.
Areas. 1982, Reg; Oct. 19, 2018, Susp.
do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: September 27, 2018. FEDERAL MARITIME COMMISSION Direct final rule; request for
ACTION:
Katherine B. Fox, comments.
Assistant Administrator for Mitigation, 46 CFR Parts 502, 503, 515, 520, 530,
Federal Insurance and Mitigation 535, 540, 550, 555, and 560 SUMMARY: The Federal Maritime
Administration—FEMA Resilience, Commission (Commission) is updating
daltland on DSKBBV9HB2PROD with RULES

Department of Homeland Security, Federal [Docket No. 18–08] its current user fees and amending the
Emergency Management Agency. relevant regulations to reflect these
[FR Doc. 2018–21758 Filed 10–4–18; 8:45 am] RIN 3072–AC72 updates.
BILLING CODE 9110–12–P
Update of Existing User Fees DATES: The rule is effective without
further action on December 19, 2018,
AGENCY: Federal Maritime Commission. unless significant adverse comments are

VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1

Document Created: 2018-10-05 01:52:17
Document Modified: 2018-10-05 01:52:17

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 50289
CFR Associated		Flood Insurance and Floodplains

83 FR 50289 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 83, Issue 194 (October 5, 2018)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency