83 FR 8011 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 83, Issue 37 (February 23, 2018)
Federal Emergency Management Agency
Federal Register Volume 83, Issue 37 (February 23, 2018)
| Page Range | 8011-8012 | |
| FR Document | 2018-03738 |
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)] [Rules and Regulations] [Pages 8011-8012] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03738] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8519] 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 [[Page 8012]] 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 IV Mississippi: DeSoto County, 280050 March 4, 1975, March 6, 2018......... March 6, 2018. Unincorporated Areas. Emerg; May 3, 1990, Reg; March 6, 2018, Susp. Horn Lake, City of, DeSoto 280051 March 7, 1975, ......do *............ Do. County. Emerg; May 3, 1990, Reg; March 6, 2018, Susp. Walls, Town of, DeSoto 280232 N/A, Emerg; ......do.............. Do. County. October 2, 2007, Reg; March 6, 2018, Susp. Region IX California: Coachella, City of, 060249 September 11, ......do.............. Do. Riverside County. 1979, Emerg; September 30, 1980, Reg; March 6, 2018, Susp. ---------------------------------------------------------------------------------------------------------------- * ......do and Do. = ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: February 14, 2018. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2018-03738 Filed 2-22-18; 8:45 am] BILLING CODE 9110-12-P
![Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Rules and Regulations 8011
to this action. In addition, this action Parts per Federal flood insurance that is not
Commodity
does not impose any enforceable duty or million otherwise generally available from
contain any unfunded mandate as private insurers. In return, communities
described under Title II of the Unfunded Wheat, milled byproducts ........... 0.40 agree to adopt and administer local
Mandates Reform Act (UMRA) (2 U.S.C. Wheat, straw ............................... 0.80 floodplain management measures aimed
1501 et seq.). at protecting lives and new construction
This action does not involve any * * * * * from future flooding. Section 1315 of
[FR Doc. 2018–03760 Filed 2–22–18; 8:45 am]
technical standards that would require the National Flood Insurance Act of
BILLING CODE 6560–50–P
Agency consideration of voluntary 1968, as amended, 42 U.S.C. 4022,
consensus standards pursuant to section prohibits the sale of NFIP flood
12(d) of the National Technology insurance unless an appropriate public
Transfer and Advancement Act DEPARTMENT OF HOMELAND body adopts adequate floodplain
(NTTAA) (15 U.S.C. 272 note). SECURITY management measures with effective
enforcement measures. The
VII. Congressional Review Act Federal Emergency Management
communities listed in this document no
Pursuant to the Congressional Review Agency
longer meet that statutory requirement
Act (5 U.S.C. 801 et seq.), EPA will for compliance with program
submit a report containing this rule and 44 CFR Part 64
regulations, 44 CFR part 59.
other required information to the U.S. [Docket ID FEMA–2018–0002; Internal Accordingly, the communities will be
Senate, the U.S. House of Agency Docket No. FEMA–8519] suspended on the effective date in the
Representatives, and the Comptroller third column. As of that date, flood
General of the United States prior to Suspension of Community Eligibility insurance will no longer be available in
publication of the rule in the Federal AGENCY: Federal Emergency the community. We recognize that some
Register. This action is not a ‘‘major Management Agency, DHS. of these communities may adopt and
rule’’ as defined by 5 U.S.C. 804(2). ACTION: Final rule. submit the required documentation of
List of Subjects in 40 CFR Part 180 legally enforceable floodplain
SUMMARY: This rule identifies management measures after this rule is
Environmental protection, communities where the sale of flood published but prior to the actual
Administrative practice and procedure, insurance has been authorized under suspension date. These communities
Agricultural commodities, Pesticides the National Flood Insurance Program will not be suspended and will continue
and pests, Reporting and recordkeeping (NFIP) that are scheduled for to be eligible for the sale of NFIP flood
requirements. suspension on the effective dates listed insurance. A notice withdrawing the
Dated: February 9, 2018. within this rule because of suspension of such communities will be
Michael Goodis, noncompliance with the floodplain published in the Federal Register.
Director, Registration Division, Office of management requirements of the In addition, FEMA publishes a Flood
Pesticide Programs. program. If the Federal Emergency Insurance Rate Map (FIRM) that
Management Agency (FEMA) receives identifies the Special Flood Hazard
Therefore, 40 CFR chapter I is Areas (SFHAs) in these communities.
documentation that the community has
amended as follows: The date of the FIRM, if one has been
adopted the required floodplain
PART 180—[AMENDED] management measures prior to the published, is indicated in the fourth
effective suspension date given in this column of the table. No direct Federal
■ 1. The authority citation for part 180 rule, the suspension will not occur and financial assistance (except assistance
continues to read as follows: a notice of this will be provided by pursuant to the Robert T. Stafford
Authority: 21 U.S.C. 321(q), 346a and 371. publication in the Federal Register on a Disaster Relief and Emergency
subsequent date. Also, information Assistance Act not in connection with a
■ 2. In § 180.441, flood) may be provided for construction
identifying the current participation
■ a. Add alphabetically the entries or acquisition of buildings in identified
status of a community can be obtained
‘‘Wheat, germ’’ and ‘‘Wheat, milled SFHAs for communities not
from FEMA’s Community Status Book
byproducts’’ to the table in paragraph participating in the NFIP and identified
(CSB). The CSB is available at https://
(a)(1). for more than a year on FEMA’s initial
www.fema.gov/national-flood-
b. Revise the entries ‘‘Wheat, forage’’; FIRM for the community as having
insurance-program-community-status-
‘‘Wheat, hay’’; and ‘‘Wheat, straw’’ in flood-prone areas (section 202(a) of the
book.
the table in paragraph (a)(1). Flood Disaster Protection Act of 1973,
The additions and revisions read as DATES: The effective date of each
42 U.S.C. 4106(a), as amended). This
follows: community’s scheduled suspension is
prohibition against certain types of
the third date (‘‘Susp.’’) listed in the
§ 180.441 Quizalofop ethyl; tolerances for Federal assistance becomes effective for
third column of the following tables.
residues. the communities listed on the date
FOR FURTHER INFORMATION CONTACT: If shown in the last column. The
(a) * * *
you want to determine whether a Administrator finds that notice and
(1) * * *
particular community was suspended public comment procedures under 5
Parts per on the suspension date or for further U.S.C. 553(b), are impracticable and
Commodity information, contact Adrienne L.
million unnecessary because communities listed
Sheldon, PE, CFM, Federal Insurance
daltland on DSKBBV9HB2PROD with RULES
in this final rule have been adequately
and Mitigation Administration, Federal notified.
* * * * * Emergency Management Agency, 400 C
Wheat, forage ............................. 2.0 Street SW, Washington, DC 20472, (202)
Each community receives 6-month,
Wheat, germ ............................... 0.40 90-day, and 30-day notification letters
212–3966. addressed to the Chief Executive Officer
* * * * * SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be
Wheat, hay ................................. 2.0 enables property owners to purchase suspended unless the required
VerDate Sep<11>2014 16:46 Feb 22, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1](https://thefederalregister.org/doc/83_FR_8048/page/1.svg)
![8012 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Rules and Regulations
floodplain management measures are enforcement measures. The information for purposes of the
met prior to the effective suspension communities listed no longer comply Paperwork Reduction Act, 44 U.S.C.
date. Since these notifications were with the statutory requirements, and 3501 et seq.
made, this final rule may take effect after the effective date, flood insurance
List of Subjects in 44 CFR Part 64
within less than 30 days. will no longer be available in the
National Environmental Policy Act. communities unless remedial action Flood insurance, Floodplains.
FEMA has determined that the takes place. Accordingly, 44 CFR part 64 is
community suspension(s) included in Regulatory Classification. This final amended as follows:
this rule is a non-discretionary action rule is not a significant regulatory action
and therefore the National under the criteria of section 3(f) of PART 64—[AMENDED]
Environmental Policy Act of 1969 (42 Executive Order 12866 of September 30,
U.S.C. 4321 et seq.) does not apply. 1993, Regulatory Planning and Review, ■ 1. The authority citation for part 64
Regulatory Flexibility Act. The 58 FR 51735. continues to read as follows:
Administrator has determined that this Executive Order 13132, Federalism. Authority: 42 U.S.C. 4001 et seq.;
rule is exempt from the requirements of This rule involves no policies that have Reorganization Plan No. 3 of 1978, 3 CFR,
the Regulatory Flexibility Act because federalism implications under Executive 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
the National Flood Insurance Act of Order 13132. 3 CFR, 1979 Comp.; p. 376.
1968, as amended, Section 1315, 42 Executive Order 12988, Civil Justice
§ 64.6 [Amended]
U.S.C. 4022, prohibits flood insurance Reform. This rule meets the applicable
coverage unless an appropriate public standards of Executive Order 12988. ■ 2. The tables published under the
body adopts adequate floodplain Paperwork Reduction Act. This rule authority of § 64.6 are amended as
management measures with effective does not involve any collection of follows:
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
Mississippi:
DeSoto County, Unincorporated Areas 280050 March 4, 1975, Emerg; May 3, 1990, Reg; March 6, 2018 .. March 6, 2018.
March 6, 2018, Susp.
Horn Lake, City of, DeSoto County ....... 280051 March 7, 1975, Emerg; May 3, 1990, Reg; ......do * ............. Do.
March 6, 2018, Susp.
Walls, Town of, DeSoto County ............ 280232 N/A, Emerg; October 2, 2007, Reg; March ......do ............... Do.
6, 2018, Susp.
Region IX
California: Coachella, City of, Riverside 060249 September 11, 1979, Emerg; September ......do ............... Do.
County. 30, 1980, Reg; March 6, 2018, Susp.
* ......do and Do. = ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: February 14, 2018.
Michael M. Grimm,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
Administration, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2018–03738 Filed 2–22–18; 8:45 am]
BILLING CODE 9110–12–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-02-23 01:32:29
Document Modified: 2018-02-23 01:32:29
| 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 8011 | |
| CFR Associated | Flood Insurance and Floodplains |
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