Suspension of Community Eligibility, 42600-42603 [2018-18150]
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
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than 100 beds. Section 601(g) of the
Social Security Amendments of 1983
(Pub. L. 98–21) designated hospitals in
certain New England counties as
belonging to the adjacent urban area.
Thus, for purposes of the IPPS, we
continue to classify these hospitals as
urban hospitals. As noted previously,
we expect the effects of the changes
announced in this document to impact
only approximately 15 providers.
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4) also requires that
agencies assess anticipated costs and
benefits before issuing any rule whose
mandates require spending in any 1 year
of $100 million in 1995 dollars, updated
annually for inflation. In 2018, that
threshold is approximately $150
million. The changes announced in this
document will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
The changes announced in this
document will not have a substantial
effect on State and local governments.
Executive Order 13771, entitled
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ was issued on
January 30, 2017, and requires that the
costs associated with significant new
regulations ‘‘shall, to the extent
permitted by law, be offset by the
elimination of existing costs associated
with at least two prior regulations.’’ It
has been determined that the provisions
announced in this document are actions
that primarily result in transfers, and
thus are not a regulatory or deregulatory
action for the purposes of Executive
Order 13771.
V. Waiver of Proposed Rulemaking and
Delay of Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register and invite public comment
prior to a rule taking effect in
accordance with section 553(b) of the
Administrative Procedure Act (APA)
and section 1871 of the Act. In addition,
in accordance with section 553(d) of the
APA and section 1871(e)(1)(B)(i) of the
Act, we ordinarily provide a 30 day
delay to a substantive rule’s effective
date. For substantive rules that
constitute major rules, in accordance
with 5 U.S.C. 801, we ordinarily provide
a 60-day delay in the effective date.
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None of the processes or effective date
requirements apply, however, when the
rule in question is interpretive, a general
statement of policy, or a rule of agency
organization, procedure or practice.
They also do not apply when the statute
establishes rules that are to be applied,
leaving no discretion or gaps for an
agency to fill in through rulemaking.
In addition, an agency may waive
notice and comment rulemaking, as well
as any delay in effective date, when the
agency for good cause finds that notice
and public comment on the rule as well
the effective date delay are
impracticable, unnecessary, or contrary
to the public interest. In cases where an
agency finds good cause, the agency
must incorporate a statement of this
finding and its reasons in the rule
issued.
The policies being publicized in this
document do not constitute agency
rulemaking. Rather, the statute, as
amended by the Consolidated
Appropriations Act, 2018, has already
required that the agency make these
changes, and we are simply notifying
the public of the changes to the payment
adjustment for low-volume hospitals for
FYs 2011 through 2017 relating to the
application of the mileage criterion for
IHS and non-IHS hospitals. As this
document merely informs the public of
these changes, it is not a rule and does
not require any notice and comment
rulemaking. To the extent any of the
policies articulated in this document
constitute interpretations of the statute’s
requirements or procedures that will be
used to implement the statute’s
directive, they are interpretive rules,
general statements of policy, and rules
of agency procedure or practice, which
are not subject to notice and comment
rulemaking or a delayed effective date.
However, to the extent that notice and
comment rulemaking, a delay in
effective date, or both would otherwise
apply, we find good cause to waive such
requirements. Specifically, we find it
unnecessary to undertake notice and
comment rulemaking in this instance as
this document does not propose to make
any substantive changes to the policies
or methodologies already in effect as a
matter of law, but simply applies
payment adjustments under the
Consolidated Appropriations Act, 2018
to these existing policies and
methodologies. As the changes outlined
in this document have already taken
effect, it would also be impracticable to
undertake notice and comment
rulemaking. For these reasons, we also
find that a waiver of any delay in
effective date, if it were otherwise
applicable, is necessary to comply with
the requirements of the Consolidated
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Appropriations Act, 2018. Therefore, we
find good cause to waive notice and
comment procedures as well as any
delay in effective date, if such
procedures or delays are required at all.
Dated: August 16, 2018.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
[FR Doc. 2018–18271 Filed 8–22–18; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2018–0002; Internal
Agency Docket No. FEMA–8543]
Suspension of Community Eligibility
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 Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
DATES:
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
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
Region II
New Jersey:
Brigantine, City of, Atlantic County .......
345286
Buena, Borough of, Atlantic County .....
340004
Hamilton, Township of, Atlantic County
340009
Hammonton, Town of, Atlantic County
340010
Linwood, City of, Atlantic County .........
340011
Longport, Borough of, Atlantic County
345302
Margate City, City of, Atlantic County ..
345304
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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:
■
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 15, 1970, Emerg; June 18, 1971, Reg;
August 28, 2018, Susp.
January 17, 1975, Emerg; March 4, 1983,
Reg; August 28, 2018, Susp.
November 26, 1971, Emerg; March 15,
1977, Reg; August 28, 2018, Susp.
July 7, 1975, Emerg; January 6, 1982,
Reg; August 28, 2018, Susp.
March 27, 1974, Emerg; January 19, 1983,
Reg; August 28, 2018, Susp.
July 10, 1970, Emerg; June 18, 1971, Reg;
August 28, 2018, Susp.
July 10, 1970, Emerg; June 19, 1971, Reg;
August 28, 2018, Susp.
August 28, 2018
August 28, 2018.
Community
No.
State and location
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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
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
Community
No.
State and location
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Weymouth,
County.
Township
of,
Effective date authorization/cancellation of
sale of
flood insurance in community
Current effective
map date
Date certain
Federal
assistance
no longer
available
in SFHAs
Atlantic
340536
August 13, 1975, Emerg; August 10, 1979,
Reg; August 28, 2018, Susp.
......do ...............
Do.
Region IV
North Carolina:
Belville, Town of, Brunswick County ....
370545
September 15, 2003, Emerg; June 2, 2006,
Reg; August 28, 2018, Susp.
March 19, 1971, Emerg; May 26, 1972,
Reg; August 28, 2018, Susp.
May 19, 2005, Emerg; June 2, 2006, Reg;
August 28, 2018, Susp.
July 1, 1975, Emerg; January 3, 1986,
Reg; August 28, 2018, Susp.
N/A, Emerg; May 30, 2001, Reg; August
28, 2018, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
March 3, 1986, Emerg; December 18,
1986, Reg; August 28, 2018, Susp.
August 29, 1986, Emerg; September 18,
1987, Reg; August 28, 2018, Susp.
July 18, 1974, Emerg; September 1, 1986,
Reg; August 28, 2018, Susp.
July 2, 1975, Emerg; February 2, 1983,
Reg; August 28, 2018, Susp.
June 16, 1986, Emerg; September 4, 1986,
Reg; August 28, 2018, Susp.
April 8, 1975, Emerg; November 15, 1985,
Reg; August 28, 2018, Susp.
April 25, 1986, Emerg; December 18,
1986, Reg; August 28, 2018, Susp.
March 7, 1975, Emerg; September 1, 1986,
Reg; August 28, 2018, Susp.
June 5, 1975, Emerg; April 2, 1986, Reg;
August 28, 2018, Susp.
May 5, 1986, Emerg; March 18, 1987, Reg;
August 28, 2018, Susp.
July 24, 1975, Emerg; March 2, 1989, Reg;
August 28, 2018, Susp.
December 20, 1990, Emerg; May 4, 1992,
Reg; August 28, 2018, Susp.
March 3, 1986, Emerg; December 18,
1986, Reg; August 28, 2018, Susp.
July 21, 1986, Emerg; April 3, 1987, Reg;
August 28, 2018, Susp.
September 17, 1973, Emerg; June 1, 1977,
Reg; August 28, 2018, Susp.
August 8, 1975, Emerg; December 15,
1982, Reg; August 28, 2018, Susp.
April 23, 1987, Emerg; September 30,
1988, Reg; August 28, 2018, Susp.
January 29, 1987, Emerg; September 30,
1988, Reg; August 28, 2018, Susp.
August 28, 2018
Holden Beach, Town of, Brunswick
County.
Navassa, Town of, Brunswick County ..
375352
Shallotte, Town of, Brunswick County ..
370388
Varnamtown, Town of, Brunswick
County.
Region V
Michigan:
Acme, Township of, Grand Traverse
County.
Bingham, Township of, Leelanau
County.
Cleveland, Township of, Leelanau
County.
Elmwood, Township of, Leelanau
County.
Empire, Township of, Leelanau County
370648
Empire, Village of, Leelanau County ....
260605
Garfield, Charter Township of, Grand
Traverse County.
Glen Arbor, Township of, Leelanau
County.
Leelanau, Township of, Leelanau
County.
Leland, Township of, Leelanau County
260753
Northport, Village of, Leelanau County
260580
370593
260749
260772
260302
260113
260765
260604
260114
260760
Paradise, Township of, Grand Traverse
County.
Peninsula, Township of, Grand Traverse County.
Suttons Bay, Township of, Leelanau
County.
Suttons Bay, Village of, Leelanau
County.
Traverse City, City of, Grand Traverse
and Leelanau Counties.
Union, Township of, Grand Traverse
County.
Whitewater, Township of, Grand Traverse County.
Region VI
Texas:
Brown County, Unincorporated Areas ..
260830
480717
Brownwood, City of, Brown County ......
480087
Early, City of, Brown County ................
480088
260747
260770
260283
260082
260805
260794
June 6, 1990, Emerg; March 1, 1991, Reg;
August 28, 2018, Susp.
June 20, 1975, Emerg; April 15, 1981,
Reg; August 28, 2018, Susp.
January 12, 1982, Emerg; July 1, 1987,
Reg; August 28, 2018, Susp.
......do ...............
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Do.
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......do ...............
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......do ...............
Do.
August 28, 2018
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August 28, 2018.
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August 28, 2018
Code for reading third column: Emerg. — Emergency; Reg. — Regular; Susp — Suspension.
*-do- =Ditto.
VerDate Sep<11>2014
August 28, 2018.
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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations
Dated: August 9, 2018.
Katherine B. Fox,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
Administration—FEMA Resilience,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2018–18150 Filed 8–22–18; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 11
[EB Docket No. 04–296, PS Docket No. 15–
94; FCC 18–102]
Review of the Emergency Alert System
Federal Communications
Commission.
ACTION: Petition for partial
reconsideration; final decision.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) partially denies and
partially grants a petition for partial
reconsideration of the Emergency Alert
System (EAS) requirements for certain
Fixed Satellite Service (FSS) satellite
operators jointly filed by PanAmSat
Corporation, SES Americom, Inc., and
Intelsat, Ltd.
DATES: Effective September 24, 2018.
FOR FURTHER INFORMATION CONTACT:
Gregory Cooke, Deputy Chief, Policy
and Licensing Division, Public Safety
and Homeland Security Bureau, at (202)
418–7452, or by email at
Gregory.Cooke@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration (Order) in EB Docket
No. 04–296 and PS Docket No. 15–94,
FCC 18–102, adopted on July 23, 2018,
and released on July 24, 2018. The full
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW, Washington, DC 20554. The
full text may also be downloaded at:
www.fcc.gov.
SUMMARY:
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Synopsis
1. In the Order, the Commission
partially denies and partially grants the
petition for partial reconsideration
(Petition) of the EAS requirements for
FSS satellite operators jointly filed by
PanAmSat Corporation, SES Americom,
Inc., and Intelsat, Ltd. (Petitioners).
Specifically, the Commission denies
Petitioners’ request to shift the EAS
obligations adopted for Ku band FSS
licensees to the video programming
VerDate Sep<11>2014
20:32 Aug 22, 2018
Jkt 244001
distributors that lease transponder
capacity from such licensees. The
Commission also denies Petitioners’
alternative request to not apply the FSS
EAS rules to FSS satellite operations
subject to satellite capacity lease
agreements already in place when the
FSS EAS requirements became effective.
The Commission does, however, grant
the Petition to the extent that it adopts
more specific criteria for determining
when EAS obligations are triggered for
FSS licensees whose satellites are used
to provide programming directed
primarily to consumers outside the U.S.,
with only incidental reception by
consumers in the U.S.
I. Background
A. The EAS
2. The EAS is a national public
warning system through which
broadcasters, cable systems, and other
service providers (EAS Participants)
deliver alerts to the public to warn them
of impending emergencies and dangers
to life and property. The primary
purpose of the EAS is to provide the
President with ‘‘the capability to
provide immediate communications and
information to the general public at the
national, state and local levels during
periods of national emergency.’’ The
EAS also is used by state and local
governments, as well as the National
Weather Service, to distribute alerts.
B. The EAS First Report and Order
3. In 2005, in recognition that
consumers were increasingly adopting
digital technologies as replacements for
analog broadcast and cable systems that
were already subject to EAS
requirements, the Commission adopted
the First Report and Order and Further
Notice of Proposed Rulemaking (First
Report and Order) in EB Docket No. 04–
296, 70 FR 71023, 71072 (Nov. 25,
2005), expanding EAS obligations to
digital television and radio, digital
cable, and satellite television and radio
services. The Commission deemed that
‘‘some level of EAS participation must
be established for these new digital
services to ensure that large portions of
the American public are able to receive
national and/or regional public alerts
and warnings.’’
4. With respect to satellite video
services, the Commission, in part
pursuant to its jurisdiction under
section 303(v) of the Communications
Act of 1934, as amended (the ‘‘Act’’), to
regulate direct-to-home (DTH) satellite
services, extended EAS obligations to
DBS services, as defined in section
25.701(a)(1)–(3) of the Commission’s
rules. As used in section 25.701(a), the
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42603
definition of DBS includes entities
licensed to operate FSS satellites in the
Ku band that ‘‘sell or lease capacity to
a video programming distributor that
offers service directly to consumers
providing a sufficient number of
channels so that four percent of the total
applicable programming channels yields
a set aside of at least one channel of
non-commercial programming pursuant
to [section 25.701(e) of the
Commission’s rules]’’ (hereinafter,
‘‘DTH–FSS licensees’’). The
Commission anticipated that this
definition would ‘‘ensure[ ] that the EAS
rules apply to the vast majority of
existing DTH satellite services,
particularly those for which viewers
may have expectations as to available
warnings based on experience with
broadcast television services.’’ With
respect to compliance requirements, the
Commission generally required DBS
entities to participate in national EAS
activations, and meet related
monitoring, testing and equipment
readiness requirements.
5. The Commission, however, allowed
DTH–FSS licensees to delegate their
EAS obligations to the video
programming distributors that lease
capacity on their satellites. Specifically,
the Commission stated that ‘‘compliance
with EAS requirements may be
established based upon a certification
from a [video programming] distributor
that expressly states that the distributor
has complied with the EAS
obligations.’’ The Commission added
that the DTH–FSS licensees ‘‘will not be
required to verify compliance by
distributors unless there is evidence that
the distributor has not met its
obligation.’’ The Commission concluded
that placing ultimate compliance
responsibility on the DTH–FSS
licensees under this scheme was not
unduly burdensome because the
‘‘certification requirements can be
included in satellite carriage and leasing
contracts,’’ and because it was similar to
the certification scheme adopted for FSS
Part 25 licensees to meet their DBS
public interest obligations. The
Commission declined to apply EAS
obligations to Home Satellite Dish
(HSD) service, which also falls under
the Commission’s DTH jurisdiction.
C. The Petition
6. The Petitioners state that they
‘‘support the application of the EAS
requirements to DTH–FSS services,’’ but
seek reconsideration of three aspects of
the Commission’s decision adopting
such requirements. First, the Petition
requests that the Commission modify
the FSS EAS requirements adopted in
the First Report and Order by applying
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]]>Agencies
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42600-42603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18150]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8543]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.
DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C
[[Page 42601]]
Street SW, Washington, DC 20472, (202) 212-3966.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
0
1. The authority citation for part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
----------------------------------------------------------------------------------------------------------------
Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region II
New Jersey:
Brigantine, City of, 345286 May 15, 1970, August 28, 2018....... August 28, 2018.
Atlantic County. Emerg; June 18,
1971, Reg;
August 28, 2018,
Susp.
Buena, Borough of, 340004 January 17, 1975, ......do.............. Do.
Atlantic County. Emerg; March 4,
1983, Reg;
August 28, 2018,
Susp.
Hamilton, Township of, 340009 November 26, ......do.............. Do.
Atlantic County. 1971, Emerg;
March 15, 1977,
Reg; August 28,
2018, Susp.
Hammonton, Town of, 340010 July 7, 1975, ......do.............. Do.
Atlantic County. Emerg; January
6, 1982, Reg;
August 28, 2018,
Susp.
Linwood, City of, Atlantic 340011 March 27, 1974, ......do.............. Do.
County. Emerg; January
19, 1983, Reg;
August 28, 2018,
Susp.
Longport, Borough of, 345302 July 10, 1970, ......do.............. Do.
Atlantic County. Emerg; June 18,
1971, Reg;
August 28, 2018,
Susp.
Margate City, City of, 345304 July 10, 1970, ......do.............. Do.
Atlantic County. Emerg; June 19,
1971, Reg;
August 28, 2018,
Susp.
[[Page 42602]]
Weymouth, Township of, 340536 August 13, 1975, ......do.............. Do.
Atlantic County. Emerg; August
10, 1979, Reg;
August 28, 2018,
Susp.
Region IV
North Carolina:
Belville, Town of, 370545 September 15, ......do.............. Do.
Brunswick County. 2003, Emerg;
June 2, 2006,
Reg; August 28,
2018, Susp.
Holden Beach, Town of, 375352 March 19, 1971, ......do.............. Do.
Brunswick County. Emerg; May 26,
1972, Reg;
August 28, 2018,
Susp.
Navassa, Town of, 370593 May 19, 2005, ......do.............. Do.
Brunswick County. Emerg; June 2,
2006, Reg;
August 28, 2018,
Susp.
Shallotte, Town of, 370388 July 1, 1975, ......do.............. Do.
Brunswick County. Emerg; January
3, 1986, Reg;
August 28, 2018,
Susp.
Varnamtown, Town of, 370648 N/A, Emerg; May ......do.............. Do.
Brunswick County. 30, 2001, Reg;
August 28, 2018,
Susp.
Region V
Michigan:
Acme, Township of, Grand 260749 March 3, 1986, August 28, 2018....... August 28, 2018.
Traverse County. Emerg; December
18, 1986, Reg;
August 28, 2018,
Susp.
Bingham, Township of, 260772 August 29, 1986, ......do.............. Do.
Leelanau County. Emerg; September
18, 1987, Reg;
August 28, 2018,
Susp.
Cleveland, Township of, 260302 July 18, 1974, ......do.............. Do.
Leelanau County. Emerg; September
1, 1986, Reg;
August 28, 2018,
Susp.
Elmwood, Township of, 260113 July 2, 1975, ......do.............. Do.
Leelanau County. Emerg; February
2, 1983, Reg;
August 28, 2018,
Susp.
Empire, Township of, 260765 June 16, 1986, ......do.............. Do.
Leelanau County. Emerg; September
4, 1986, Reg;
August 28, 2018,
Susp.
Empire, Village of, 260605 April 8, 1975, ......do.............. Do.
Leelanau County. Emerg; November
15, 1985, Reg;
August 28, 2018,
Susp.
Garfield, Charter Township 260753 April 25, 1986, ......do.............. Do.
of, Grand Traverse County. Emerg; December
18, 1986, Reg;
August 28, 2018,
Susp.
Glen Arbor, Township of, 260604 March 7, 1975, ......do.............. Do.
Leelanau County. Emerg; September
1, 1986, Reg;
August 28, 2018,
Susp.
Leelanau, Township of, 260114 June 5, 1975, ......do.............. Do.
Leelanau County. Emerg; April 2,
1986, Reg;
August 28, 2018,
Susp.
Leland, Township of, 260760 May 5, 1986, ......do.............. Do.
Leelanau County. Emerg; March 18,
1987, Reg;
August 28, 2018,
Susp.
Northport, Village of, 260580 July 24, 1975, ......do.............. Do.
Leelanau County. Emerg; March 2,
1989, Reg;
August 28, 2018,
Susp.
Paradise, Township of, 260830 December 20, ......do.............. Do.
Grand Traverse County. 1990, Emerg; May
4, 1992, Reg;
August 28, 2018,
Susp.
Peninsula, Township of, 260747 March 3, 1986, ......do.............. Do.
Grand Traverse County. Emerg; December
18, 1986, Reg;
August 28, 2018,
Susp.
Suttons Bay, Township of, 260770 July 21, 1986, ......do.............. Do.
Leelanau County. Emerg; April 3,
1987, Reg;
August 28, 2018,
Susp.
Suttons Bay, Village of, 260283 September 17, August 28, 2018....... August 28, 2018.
Leelanau County. 1973, Emerg;
June 1, 1977,
Reg; August 28,
2018, Susp.
Traverse City, City of, 260082 August 8, 1975, ......do.............. Do.
Grand Traverse and Emerg; December
Leelanau Counties. 15, 1982, Reg;
August 28, 2018,
Susp.
Union, Township of, Grand 260805 April 23, 1987, ......do.............. Do.
Traverse County. Emerg; September
30, 1988, Reg;
August 28, 2018,
Susp.
Whitewater, Township of, 260794 January 29, 1987, ......do.............. Do.
Grand Traverse County. Emerg; September
30, 1988, Reg;
August 28, 2018,
Susp.
Region VI
Texas:
Brown County, 480717 June 6, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1991, Reg;
August 28, 2018,
Susp.
Brownwood, City of, Brown 480087 June 20, 1975, ......do.............. Do.
County. Emerg; April 15,
1981, Reg;
August 28, 2018,
Susp.
Early, City of, Brown 480088 January 12, 1982, August 28, 2018....... August 28, 2018.
County. Emerg; July 1,
1987, Reg;
August 28, 2018,
Susp.
----------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg. -- Emergency; Reg. -- Regular; Susp -- Suspension.
*-do- =Ditto.
[[Page 42603]]
Dated: August 9, 2018.
Katherine B. Fox,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2018-18150 Filed 8-22-18; 8:45 am]
BILLING CODE 9110-12-P
