Suspension of Community Eligibility, 42600-42603 [2018-18150]

Download as PDF 42600 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES 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. VerDate Sep<11>2014 16:16 Aug 22, 2018 Jkt 244001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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: E:\FR\FM\23AUR1.SGM 23AUR1 42601 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 VerDate Sep<11>2014 16:16 Aug 22, 2018 Jkt 244001 PO 00000 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 daltland on DSKBBV9HB2PROD with RULES 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 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. 23AUR1 42602 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations Community No. State and location daltland on DSKBBV9HB2PROD with RULES 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 ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. August 28, 2018 16:16 Aug 22, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM August 28, 2018. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. August 28, 2018 Code for reading third column: Emerg. — Emergency; Reg. — Regular; Susp — Suspension. *-do- =Ditto. VerDate Sep<11>2014 August 28, 2018. 23AUR1 August 28, 2018. 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: daltland on DSKBBV9HB2PROD with RULES 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23AUR1.SGM 23AUR1

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