Suspension of Community Eligibility, 25739-25740 [2017-11485]
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Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2017–0002; Internal
Agency Docket No. FEMA–8483]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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-floodinsurance-program-community-statusbook.
SUMMARY:
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 Patricia Suber,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 400 C Street SW.,
Washington, DC 20472, (202) 646–4149.
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
nlaroche on DSK30NT082PROD with RULES
DATES:
VerDate Sep<11>2014
13:56 Jun 02, 2017
Jkt 241001
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
25739
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]
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.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
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05JNR1
25740
Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations
Community
No.
State and location
Region V
Indiana:
Salem, City of, Washington County ......
Washington
Areas.
County,
180279
Unincorporated
180446
Region VII
Iowa:
Earlham, City of, Madison County ........
190570
Madison County, Unincorporated Areas
190887
Patterson, City of, Madison County ......
190451
St. Charles, City of, Madison County ....
190802
Winterset, City of, Madison County .......
190944
Region VIII
North Dakota: Foster County, Unincorporated Areas.
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain
Federal
assistance no
longer available
in SFHAs
May 5, 1972, Emerg; August 15, 1978,
Reg; June 21, 2017, Susp.
July 30, 1996, Emerg; N/A, Reg; June 21,
2017, Susp.
June 21, 2017 ..
June 21, 2017
......do * .............
Do.
September 6, 1977, Emerg; September 30,
1988, Reg; June 21, 2017, Susp.
September 10, 1993, Emerg; September 1,
1996, Reg; June 21, 2017, Susp.
March 27, 1979, Emerg; January 1, 1987,
Reg; June 21, 2017, Susp.
August 16, 2010, Emerg; October 6, 2010,
Reg; June 21, 2017, Susp.
April 24, 1992, Emerg; May 3, 1993, Reg;
June 21, 2017, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
380696
March 26, 1997, Emerg; May 4, 1998, Reg;
June 21, 2017, Susp.
......do ...............
Do.
Region IX
California:
Arcata, City of, Humboldt County ..........
060061
......do ...............
Do.
Eureka, City of, Humboldt County .........
060062
......do ...............
Do.
Humboldt
Areas.
060060
May 29, 1975, Emerg; May 2, 1983, Reg;
June 21, 2017, Susp.
June 9, 1975, Emerg; June 1, 1982 Reg;
June 21, 2017, Susp.
September 11, 1974, Emerg; July 19, 1982,
Reg; June 21, 2017, Susp.
......do ...............
Do.
County,
Unincorporated
-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: May 23, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
Administration, Department of Homeland
Security, Federal Emergency Management
Agency.
DEPARTMENT OF TRANSPORTATION
final rule that made technical changes to
the Department of Transportation’s
regulations prescribing procedures for
the public availability of information.
DATES: This final rule is effective June
5, 2017.
FOR FURTHER INFORMATION CONTACT:
Claire McKenna, Senior Attorney, Office
of the General Counsel, U.S. Department
of Transportation, Washington, DC, at
claire.mckenna@dot.gov or (202) 366–
0365.
Office of the Secretary
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–11485 Filed 6–2–17; 8:45 am]
BILLING CODE 9110–12–P
In FR Doc.
2017–08925 appearing on page 21136 in
the Federal Register on May 5, 2017, the
following corrections are made:
49 CFR Part 7
RIN 2105–AE62
I. Purpose of the Regulatory Action
[Corrected]
Updates to Comply With the FOIA
Improvement Act of 2016 and Other
Technical Amendments; Final Rule;
Correction
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Final rule; correction.
nlaroche on DSK30NT082PROD with RULES
AGENCY:
The Department of
Transportation is correcting a final rule
that appeared in the Federal Register on
May 5, 2017. The document issued a
SUMMARY:
VerDate Sep<11>2014
15:57 Jun 02, 2017
Jkt 241001
1. On page 21136, the last sentence of
the third column stating, ‘‘In section
7.23, the rule amends subparagraph
(c)(5) to state that Exemption 5’s
deliberative process privilege only
applies to records created 25 years or
more before the date on which the
records are requested, and the rule adds
a new paragraph (d) to prohibit DOT
from withholding information under
this section unless DOT reasonably
■
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
foresees that disclosure will harm an
interest protected by a FOIA exemption,
or the disclosure is prohibited by law’’
is corrected to read, ‘‘In section 7.23, the
rule amends paragraph (c)(5) to state
that Exemption 5’s deliberative process
privilege does not apply to records
created 25 years or more before the date
on which the records are requested, and
the rule adds a new paragraph (d) to
prohibit DOT from withholding
information under this section unless
DOT reasonably foresees that disclosure
will harm an interest protected by a
FOIA exemption, or the disclosure is
prohibited by law.’’
§ 7.23
[Corrected]
2. On page 21139, in the first and
second columns, amendatory
instruction 4 and the amended text of
§ 7.23 are corrected to read as follows:
■ 4. Amend § 7.23 as follows:
■ a. Revise paragraph (c)(5);
■ b. Redesignate paragraphs (d) and (e)
as paragraphs (e) and (f) respectively;
and
■ c. Add new paragraph (d).
The revision and addition read as
follows:
■
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05JNR1
]]>Agencies
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25739-25740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11485]
[[Page 25739]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8483]
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 Patricia Suber, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 400 C
Street SW., Washington, DC 20472, (202) 646-4149.
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 25740]]
----------------------------------------------------------------------------------------------------------------
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 V
Indiana:
Salem, City of, Washington 180279 May 5, 1972, June 21, 2017......... June 21, 2017
County. Emerg; August
15, 1978, Reg;
June 21, 2017,
Susp.
Washington County, 180446 July 30, 1996, ......do *............ Do.
Unincorporated Areas. Emerg; N/A, Reg;
June 21, 2017,
Susp.
Region VII
Iowa:
Earlham, City of, Madison 190570 September 6, ......do.............. Do.
County. 1977, Emerg;
September 30,
1988, Reg; June
21, 2017, Susp.
Madison County, 190887 September 10, ......do.............. Do.
Unincorporated Areas. 1993, Emerg;
September 1,
1996, Reg; June
21, 2017, Susp.
Patterson, City of, Madison 190451 March 27, 1979, ......do.............. Do.
County. Emerg; January
1, 1987, Reg;
June 21, 2017,
Susp.
St. Charles, City of, 190802 August 16, 2010, ......do.............. Do.
Madison County. Emerg; October
6, 2010, Reg;
June 21, 2017,
Susp.
Winterset, City of, Madison 190944 April 24, 1992, ......do.............. Do.
County. Emerg; May 3,
1993, Reg; June
21, 2017, Susp.
Region VIII
North Dakota: Foster County, 380696 March 26, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; May 4,
1998, Reg; June
21, 2017, Susp.
Region IX
California:
Arcata, City of, Humboldt 060061 May 29, 1975, ......do.............. Do.
County. Emerg; May 2,
1983, Reg; June
21, 2017, Susp.
Eureka, City of, Humboldt 060062 June 9, 1975, ......do.............. Do.
County. Emerg; June 1,
1982 Reg; June
21, 2017, Susp.
Humboldt County, 060060 September 11, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
July 19, 1982,
Reg; June 21,
2017, Susp.
----------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 23, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2017-11485 Filed 6-2-17; 8:45 am]
BILLING CODE 9110-12-P
