Suspension of Community Eligibility, 38563-38566 [2019-16806]
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Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this action,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes. As a result,
this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
EPA has determined that this action will
not have a substantial direct effect on
States or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, EPA has determined that
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
EPA’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act (15
U.S.C. 272 note).
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V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
VerDate Sep<11>2014
17:55 Aug 06, 2019
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Dated: July 24, 2019.
Richard Keigwin,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1369 to subpart D to read
as follows:
■
§ 180.1369 Autographa californica multiple
nucleopolyhedrovirus strain FV#11;
exemption from the requirement of a
tolerance.
An exemption from the requirement
of a tolerance is established for residues
of Autographa californica multiple
nucleopolyhedrovirus strain FV#11 in
or on all food commodities when used
in accordance with label directions and
good agricultural practices.
[FR Doc. 2019–16707 Filed 8–6–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2019–0003; Internal
Agency Docket No. FEMA–8591]
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://
SUMMARY:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
38563
www.fema.gov/national-floodinsurance-program-community-statusbook.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
Street SW, Washington, DC 20472, (202)
212–3966.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
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38564
Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
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
State and
location
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
DeKalb County, Unincorporated Areas
130065
Doraville, City of, DeKalb County ..........
130069
Region V
Michigan:
Adrian, Charter Township of, Lenawee
County.
Adrian, City of, Lenawee County ..........
260732
Blissfield, Village of, Lenawee County ..
260339
Deerfield, Township of, Lenawee County.
Deerfield, Village of, Lenawee County ..
260717
Hudson, City of, Lenawee County ........
260116
Palmyra, Township of, Lenawee County
260737
Minnesota:
Fillmore County, Unincorporated Areas
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130022
260115
260438
270124
Preston, City of, Fillmore County ..........
270129
Whalan, City of, Fillmore County ..........
270133
Ohio:
Bay Village, City of, Cuyahoga County
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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
January 13, 1976, Emerg; September 15,
1989, Reg; August 15, 2019, Susp.
June 5, 1970, Emerg; May 15, 1980, Reg;
August 15, 2019, Susp.
November 27, 1973, Emerg; September 1,
1977, Reg; August 15, 2019, Susp.
Aug. 15, 2019 ...
Aug. 15, 2019.
Community
No.
Region IV
Georgia:
Burke County, Unincorporated Areas ...
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.
......do ...............
Do.
......do ...............
Do.
October 20, 1982, Emerg; November 16,
1990, Reg; August 15, 2019, Susp.
April 1, 1975, Emerg; July 19, 1982, Reg;
August 15, 2019, Susp.
December 10, 1976, Emerg; July 19, 1982,
Reg; August 15, 2019, Susp.
December 21, 1978, Emerg; May 25, 1984,
Reg; August 15, 2019, Susp.
September 20, 1976, Emerg; April 1, 1981,
Reg; August 15, 2019, Susp.
June 20, 1975, Emerg; November 4, 1981,
Reg; August 15, 2019, Susp.
June 10, 1983, Emerg; May 25, 1984, Reg;
August 15, 2019, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 16, 1974, Emerg; September 18,
1987, Reg; August 15, 2019, Susp.
January 10, 1975, Emerg; August 1, 1979,
Reg; August 15, 2019, Susp.
August 23, 1974, Emerg; March 2, 1981,
Reg; August 15, 2019, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
June 14, 1974, Emerg; December 1, 1977,
Reg; August 15, 2019, Susp.
......do ...............
Do.
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Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
State and
location
Effective date
authorization/
cancellation
of sale of flood
insurance in
community
Community
No.
Bratenahl, Village of, Cuyahoga County
390734
Cleveland, City of, Cuyahoga County ...
390104
Euclid, City of, Cuyahoga County .........
390107
Lakewood, City of, Cuyahoga County ...
390112
Rocky River, City of, Cuyahoga County
395372
Region VI
Texas:
Clear Lake Shores, City of, Galveston
County.
Dickinson, City of, Galveston County ....
485461
481569
Friendswood, City of, Galveston and
Harris Counties.
Hitchcock, City of, Galveston County ....
485468
La Marque, City of, Galveston County ..
485486
League City, City of, Galveston and
Harris Counties.
Santa Fe, City of, Galveston County ....
485488
481562
Texas City, City of, Galveston County ..
485514
Region VIII
Colorado:
Aspen, City of, Pitkin County ................
080143
Boone, Town of, Pueblo County ...........
080148
Lafayette, City of, Boulder County ........
080026
Louisville, City of, Boulder County ........
085076
Pueblo, City of, Pueblo County .............
085077
Pueblo County, Unincorporated Areas ..
080147
Rye, Town of, Pueblo County ...............
080150
Superior, Town of, Boulder County .......
080203
Montana:
Fairview, Town of, Richland County .....
300064
Sidney, City of, Richland County ..........
300065
485479
Current effective
map date
June 9, 1975, Emerg; June 15, 1981, Reg;
August 15, 2019, Susp.
July 20, 1973, Emerg; August 1, 1978, Reg;
August 15, 2019, Susp.
July 3, 1975, Emerg; August 17, 1981, Reg;
August 15, 2019, Susp.
March 30, 1973, Emerg; February 1, 1978,
Reg; August 15, 2019, Susp.
January 29, 1971, Emerg; September 17,
1971, Reg; August 15, 2019, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
July 31, 1970, Emerg; October 23, 1970,
Reg; August 15, 2019, Susp.
April 8, 1971, Emerg; April 9, 1971, Reg;
August 15, 2019, Susp.
June 5, 1970, Emerg; March 3, 1972, Reg;
August 15, 2019, Susp.
June 19, 1970, Emerg; November 13, 1970,
Reg; August 15, 2019, Susp.
May 29, 1970, Emerg; October 16, 1970,
Reg; August 15, 2019, Susp.
June 5, 1970, Emerg; November 20, 1970,
Reg; August 15, 2019, Susp.
April 8, 1971, Emerg; April 9, 1971, Reg;
August 15, 2019, Susp.
June 5, 1970, Emerg; November 20, 1970,
Reg; August 15, 2019, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
July 2, 1974, Emerg; December 4, 1985,
Reg; August 15, 2019, Susp.
April 28, 1983, Emerg; July 15, 1985, Reg;
August 15, 2019, Susp.
August 7, 1975, Emerg; March 18, 1980,
Reg; August 15, 2019, Susp.
March 3, 1972, Emerg; May 4, 1973, Reg;
August 15, 2019, Susp.
June 18, 1971, Emerg; August 24, 1973,
Reg; August 15, 2019, Susp.
June 21, 1974, Emerg; September 29,
1989, Reg; August 15, 2019, Susp.
May 12, 2010, Emerg; N/A, Reg; August
15, 2019, Susp.
July 15, 1975, Emerg; September 28, 1979,
Reg; August 15, 2019, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 3, 1977, Emerg; May 15, 1986,
Reg; August 15, 2019, Susp.
December 17, 1974, Emerg; December 4,
1985, Reg; August 15, 2019, Susp.
......do ...............
Do.
......do ...............
Do.
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* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Date certain
Federal
assistance
no longer
available
in SFHAs
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38566
Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations
Dated: July 31, 2019.
Eric Letvin,
Deputy Assistant Administrator for
Mitigation, Federal Insurance and Mitigation
Administration—FEMA Resilience,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2019–16806 Filed 8–6–19; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 61 and 69
[WC Docket Nos. 16–143, 05–25; GN Docket
No. 13–5; RM 10593; FCC 19–66]
Business Data Services in an Internet
Protocol Environment
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission eliminates
ex ante pricing regulation for lower
speed time division multiplexing (TDM)
transport services offered by price cap
regulated carriers nationwide, finding
there is widespread competition in the
marketplace, and abundant support in
the record for removing the
Commission’s pricing regulations.
DATES: This final rule is effective
September 6, 2019.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
David Zesiger, Wireline Competition
Bureau, Pricing Policy Division at (202)
418–1540 or via email at David.Zesiger@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order on Remand, released on July
12, 2019. A full-text copy of this
document may be obtained at the
following internet address: https://
www.fcc.gov/document/removingunnecessary-regulation-transportservices-and-facilities-0.
SUMMARY:
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I. Background
A. BDS TDM Transport Services
1. The term business data services
refers to the ‘‘dedicated point-to-point
transmission of data at guaranteed
speeds and service levels.’’ BDS
offerings are fundamentally important to
modern communities and economies.
Over the last several decades, the
Commission has repeatedly recognized
the increasing competition for BDS
services in areas of the country served
by price cap LECs. Competition has
grown even more markedly in recent
VerDate Sep<11>2014
17:55 Aug 06, 2019
Jkt 247001
years as cable operators increasingly
compete for all aspects of BDS,
including TDM transport. In response,
the Commission has worked
consistently to streamline regulation of
such services to reflect this evolution.
2. In so doing, the Commission has
characterized TDM transport services,
which ‘‘involve carrying traffic from one
point of traffic concentration to
another,’’ as ‘‘low hanging fruit’’ for
competitors because they can more
easily justify competitive investment
and deployment. In 1999, recognizing
that burdensome pricing regulation is
unnecessary and counter-productive
where competitive pressure exists, the
Commission granted pricing flexibility
to price cap carriers for their BDS
offerings, including their TDM transport
services. The Commission provided two
levels of pricing flexibility to price cap
LECs offering BDS, including TDMbased transport services, keyed to the
presence of competitive providers
collocated at a price cap LEC’s wire
centers. The Commission suspended
further grants of pricing flexibility in
2012, pending the resolution of the BDS
proceedings.
3. In 2017, after more than ten years
of study and a massive data collection
(the 2015 Collection), the Commission
adopted an order comprehensively
addressing the pricing regulation of BDS
in price cap LEC areas. In the BDS
Order, the Commission found, among
other things, that competition for BDS
TDM transport services was sufficiently
pervasive to justify elimination of ‘‘all
ex ante pricing regulation of price cap
incumbent LEC provision of TDM
transport and other transport (i.e., nonend user channel termination)’’ services.
In support of this conclusion, the
Commission looked to the record
evidence showing that ‘‘competitive
providers have deployed competing
transport networks in more than 95% of
census blocks with [BDS] demand,’’
which included ‘‘about 99% of business
establishments.’’ It also found that ‘‘in
all price cap territories, 92.1 percent of
buildings served were within a half mile
of competitive fiber transport facilities’’
and that, ‘‘for all census blocks with
business data services demand, 89.6
percent have at least one served
building within a half mile of
competitive LEC fiber.’’ This half mile is
significant because, as the Commission
concluded, most BDS providers are
willing and able to profitably invest in
and deploy facilities within a half mile
of existing competitive facilities. In
addition, the Commission found that
buildings with BDS demand that were
served only by an incumbent LEC were
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Fmt 4700
Sfmt 4700
on average only 364 feet from the closest
competitive LEC fiber facility.
4. After the Eighth Circuit Court’s
partial remand of the BDS Order,
finding that the Commission had not
provided sufficient notice on the issue
of eliminating ex ante pricing regulation
for TDM transport, the Commission
released the Second Further Notice,
proposing to eliminate ex ante pricing
regulation of price cap LECs’ BDS TDM
transport and other transport (i.e., nonend user channel termination) services.
The Commission received eight
comments, six reply comments, and
several filings memorializing various ex
parte communications. Also, in the
interest of ensuring a more complete
analysis of competitive conditions
affecting TDM transport services, the
Commission conducted additional
analysis of TDM transport services using
data from the 2015 Collection. That
analysis is focused on measuring the
proximity of incumbent LEC wire
centers to competitive fiber and shows
that the vast majority of locations with
BDS demand in price cap areas are
served by wire centers that are no more
than a half mile from competitive fiber.
The Wireline Competition Bureau
(Bureau) made that additional analysis
available for public review and sought
and received an additional seven
comments and six reply comments
about those data tables (the April Data
Tables). As a result of these two
additional rounds of comments, we now
have an even more robust record.
B. Forbearance Under Section 10 of the
Act
5. Section 10 of the Communications
Act of 1934 as amended by the
Telecommunications Act of 1996 (the
Act) requires the Commission to forbear
from applying any requirement of the
Act or of our regulations to a
telecommunications carrier or
telecommunications service if and only
if the Commission determines that: (1)
Enforcement of the requirement ‘‘is not
necessary to ensure that the charges,
practices, classifications, or regulations
by, for, or in connection with that
telecommunications carrier or
telecommunications service are just and
reasonable and are not unjustly or
unreasonably discriminatory;’’ (2)
enforcement of that requirement ‘‘is not
necessary for the protection of
consumers;’’ and (3) ‘‘forbearance from
applying that requirement is consistent
with the public interest.’’ Forbearance is
warranted only if all three criteria are
satisfied.
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]]>Agencies
[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38563-38566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8591]
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: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not
[[Page 38564]]
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 IV
Georgia:
Burke County, 130022 January 13, 1976, Aug. 15, 2019......... Aug. 15, 2019.
Unincorporated Areas. Emerg; September
15, 1989, Reg;
August 15, 2019,
Susp.
DeKalb County, 130065 June 5, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; May 15,
1980, Reg; August
15, 2019, Susp.
Doraville, City of, DeKalb 130069 November 27, 1973, ......do.............. Do.
County. Emerg; September
1, 1977, Reg;
August 15, 2019,
Susp.
Region V
Michigan:
Adrian, Charter Township 260732 October 20, 1982, ......do.............. Do.
of, Lenawee County. Emerg; November
16, 1990, Reg;
August 15, 2019,
Susp.
Adrian, City of, Lenawee 260115 April 1, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; August
15, 2019, Susp.
Blissfield, Village of, 260339 December 10, 1976, ......do.............. Do.
Lenawee County. Emerg; July 19,
1982, Reg; August
15, 2019, Susp.
Deerfield, Township of, 260717 December 21, 1978, ......do.............. Do.
Lenawee County. Emerg; May 25,
1984, Reg; August
15, 2019, Susp.
Deerfield, Village of, 260438 September 20, ......do.............. Do.
Lenawee County. 1976, Emerg;
April 1, 1981,
Reg; August 15,
2019, Susp.
Hudson, City of, Lenawee 260116 June 20, 1975, ......do.............. Do.
County. Emerg; November
4, 1981, Reg;
August 15, 2019,
Susp.
Palmyra, Township of, 260737 June 10, 1983, ......do.............. Do.
Lenawee County. Emerg; May 25,
1984, Reg; August
15, 2019, Susp.
Minnesota:
Fillmore County, 270124 April 16, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1987, Reg;
August 15, 2019,
Susp.
Preston, City of, Fillmore 270129 January 10, 1975, ......do.............. Do.
County. Emerg; August 1,
1979, Reg; August
15, 2019, Susp.
Whalan, City of, Fillmore 270133 August 23, 1974, ......do.............. Do.
County. Emerg; March 2,
1981, Reg; August
15, 2019, Susp.
Ohio:
Bay Village, City of, 390093 June 14, 1974, ......do.............. Do.
Cuyahoga County. Emerg; December
1, 1977, Reg;
August 15, 2019,
Susp.
[[Page 38565]]
Bratenahl, Village of, 390734 June 9, 1975, ......do.............. Do.
Cuyahoga County. Emerg; June 15,
1981, Reg; August
15, 2019, Susp.
Cleveland, City of, 390104 July 20, 1973, ......do.............. Do.
Cuyahoga County. Emerg; August 1,
1978, Reg; August
15, 2019, Susp.
Euclid, City of, Cuyahoga 390107 July 3, 1975, ......do.............. Do.
County. Emerg; August 17,
1981, Reg; August
15, 2019, Susp.
Lakewood, City of, 390112 March 30, 1973, ......do.............. Do.
Cuyahoga County. Emerg; February
1, 1978, Reg;
August 15, 2019,
Susp.
Rocky River, City of, 395372 January 29, 1971, ......do.............. Do.
Cuyahoga County. Emerg; September
17, 1971, Reg;
August 15, 2019,
Susp.
Region VI
Texas:
Clear Lake Shores, City 485461 July 31, 1970, ......do.............. Do.
of, Galveston County. Emerg; October
23, 1970, Reg;
August 15, 2019,
Susp.
Dickinson, City of, 481569 April 8, 1971, ......do.............. Do.
Galveston County. Emerg; April 9,
1971, Reg; August
15, 2019, Susp.
Friendswood, City of, 485468 June 5, 1970, ......do.............. Do.
Galveston and Harris Emerg; March 3,
Counties. 1972, Reg; August
15, 2019, Susp.
Hitchcock, City of, 485479 June 19, 1970, ......do.............. Do.
Galveston County. Emerg; November
13, 1970, Reg;
August 15, 2019,
Susp.
La Marque, City of, 485486 May 29, 1970, ......do.............. Do.
Galveston County. Emerg; October
16, 1970, Reg;
August 15, 2019,
Susp.
League City, City of, 485488 June 5, 1970, ......do.............. Do.
Galveston and Harris Emerg; November
Counties. 20, 1970, Reg;
August 15, 2019,
Susp.
Santa Fe, City of, 481562 April 8, 1971, ......do.............. Do.
Galveston County. Emerg; April 9,
1971, Reg; August
15, 2019, Susp.
Texas City, City of, 485514 June 5, 1970, ......do.............. Do.
Galveston County. Emerg; November
20, 1970, Reg;
August 15, 2019,
Susp.
Region VIII
Colorado:
Aspen, City of, Pitkin 080143 July 2, 1974, ......do.............. Do.
County. Emerg; December
4, 1985, Reg;
August 15, 2019,
Susp.
Boone, Town of, Pueblo 080148 April 28, 1983, ......do.............. Do.
County. Emerg; July 15,
1985, Reg; August
15, 2019, Susp.
Lafayette, City of, 080026 August 7, 1975, ......do.............. Do.
Boulder County. Emerg; March 18,
1980, Reg; August
15, 2019, Susp.
Louisville, City of, 085076 March 3, 1972, ......do.............. Do.
Boulder County. Emerg; May 4,
1973, Reg; August
15, 2019, Susp.
Pueblo, City of, Pueblo 085077 June 18, 1971, ......do.............. Do.
County. Emerg; August 24,
1973, Reg; August
15, 2019, Susp.
Pueblo County, 080147 June 21, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1989, Reg;
August 15, 2019,
Susp.
Rye, Town of, Pueblo 080150 May 12, 2010, ......do.............. Do.
County. Emerg; N/A, Reg;
August 15, 2019,
Susp.
Superior, Town of, Boulder 080203 July 15, 1975, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
August 15, 2019,
Susp.
Montana:
Fairview, Town of, 300064 February 3, 1977, ......do.............. Do.
Richland County. Emerg; May 15,
1986, Reg; August
15, 2019, Susp.
Sidney, City of, Richland 300065 December 17, 1974, ......do.............. Do.
County. Emerg; December
4, 1985, Reg;
August 15, 2019,
Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 38566]]
Dated: July 31, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-16806 Filed 8-6-19; 8:45 am]
BILLING CODE 9110-12-P
