Suspension of Community Eligibility, 65924-65925 [2019-25948]
Download as PDF
65924
Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2019–0003; Internal
Agency Docket No. FEMA–8607]
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.
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
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:54 Nov 29, 2019
Jkt 250001
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
FEMA has determined that the
community suspension(s) included in
this rule is a non-discretionary action
and therefore the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for Part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
E:\FR\FM\02DER1.SGM
02DER1
65925
Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Rules and Regulations
Community
No.
State and location
Region IV
North Carolina:
Atkinson, Town of, Pender County ......................
370542
Brunswick County, Unincorporated Areas ...........
370295
Columbus County, Unincorporated Areas ............
370305
Durham County, Unincorporated Areas ...............
370085
Northwest, City of, Brunswick County ..................
370513
Pembroke, Town of, Robeson County .................
370597
Pender County, Unincorporated Areas ................
370344
Robeson County, Unincorporated Areas .............
370202
Roxboro, City of, Person County .........................
370347
Tabor City, Town of, Columbus County ...............
370070
Effective date authorization/cancellation of sale of
flood insurance in community
Current effective
map date
Date certain
Federal assistance
no longer available
in SFHAs
N/A, Emerg; September 22, 2010, Reg; December 6,
2019, Susp.
July 7, 1975, Emerg; May 15, 1986, Reg; December
6, 2019, Susp.
July 6, 1979, Emerg; June 3, 1991, Reg; December
6, 2019, Susp.
March 16, 1973, Emerg; February 15, 1979, Reg;
December 6, 2019, Susp.
N/A, Emerg; November 12, 1998, Reg; December 6,
2019, Susp.
N/A, Emerg; August 24, 2007, Reg; December 6,
2019, Susp.
June 28, 1977, Emerg; February 15, 1985, Reg; December 6, 2019, Susp.
June 17, 1975, Emerg; February 17, 1989, Reg; December 6, 2019, Susp.
N/A, Emerg; March 25, 1991, Reg; December 6,
2019, Susp.
January 29, 1975, Emerg; July 17, 1986, Reg; December 6, 2019, Susp.
December 6, 2019
December 6, 2019.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
December 6, 2019
December 6, 2019.
* ......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: November 22, 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. 2019–25948 Filed 11–29–19; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 191125–0091]
RIN 0648–BI67
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Annual Specifications and
Management Measures for the 2019
Tribal and Non-Tribal Fisheries for
Pacific Whiting, and Requirement To
Consider Chinook Salmon Bycatch
Before Reapportioning Tribal Whiting;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
jbell on DSKJLSW7X2PROD with RULES
AGENCY:
This action contains a
correction to the final rule published on
May 10, 2019, to establish the harvest
specifications and management
measures for the 2019 Pacific whiting
SUMMARY:
VerDate Sep<11>2014
15:54 Nov 29, 2019
Jkt 250001
fishery under the authority of the Pacific
Coast Groundfish Fishery Management
Plan, the Magnuson-Stevens Fishery
Conservation and Management Act, and
the Pacific Whiting Act of 2006. This
action restores language inadvertently
omitted from the final rule that explains
that NMFS will consider Chinook
salmon bycatch and bycatch rates prior
to reapportionment of the tribal Pacific
whiting allocation. These corrections
are necessary to restore this language so
that the regulations accurately
implement the National Marine
Fisheries Service’s intent, as described
in the preamble to the final rule.
DATES: Effective December 2, 2019.
FOR FURTHER INFORMATION CONTACT:
Stacey Miller (West Coast Region,
NMFS), phone: 503–231–6290, and
email: Stacey.Miller@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule on May 10, 2019
(84 FR 20578), that implemented the
2019 harvest specifications and
management measures for Pacific
whiting harvested in the U.S. exclusive
economic zone off the coasts of
Washington, Oregon and California. The
final rule inadvertently omitted
regulatory language explaining that
NMFS will consider the level of
Chinook bycatch and bycatch rates prior
to determining reapportionment of the
treaty tribes’ whiting to the non-treaty
sectors. This action is required under
Terms of Conditions 2.c. of the 2017
ESA section 7(a)(2) biological opinion
on the effects of the Pacific Coast
Groundfish Fishery Management Plan
on salmonids. The proposed rule (84 FR
9471) published on March 15, 2019,
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
contained this language and the
preamble and response to comment in
the final rule discussed the
reconsideration in detail. This
correction action restores the
inadvertently omitted regulatory text.
This correction is consistent with
NMFS action for the 2019 Pacific
whiting harvest specifications and is a
minor correction to correctly implement
NMFS intent in their final action taken
in May 2019.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
(AA) finds there is good cause to waive
prior notice and an opportunity for
additional public comment on this
action, as notice and comment would be
unnecessary and contrary to public
interest. Providing prior notice and the
opportunity for additional public
comment is unnecessary because the
public received notice and an
opportunity to comment on the
proposed rule (84 FR 9471), including
this regulatory text. This correcting
amendment reinstates the regulatory
text that was inadvertently omitted from
the final rule that published on May 10,
2019 (84 FR 20578). If the rule was
delayed to allow for prior notice and an
additional opportunity for public
comment, it would cause confusion
because the public and fishery
participants believe that the omitted text
is already included in the regulations.
Additionally, public comment and
notice would be contrary to the public
interest because immediate correction of
the error is necessary to manage the
Pacific whiting stock to optimal yield,
E:\FR\FM\02DER1.SGM
02DER1
Agencies
[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Rules and Regulations]
[Pages 65924-65925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25948]
[[Page 65924]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8607]
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 participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
0
1. The authority citation for Part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
[[Page 65925]]
----------------------------------------------------------------------------------------------------------------
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
North Carolina:
Atkinson, Town of, Pender 370542 N/A, Emerg; December 6, 2019...... December 6, 2019.
County. September 22,
2010, Reg;
December 6, 2019,
Susp.
Brunswick County, 370295 July 7, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 15,
1986, Reg;
December 6, 2019,
Susp.
Columbus County, 370305 July 6, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; June 3,
1991, Reg;
December 6, 2019,
Susp.
Durham County, 370085 March 16, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1979, Reg;
December 6, 2019,
Susp.
Northwest, City of, 370513 N/A, Emerg; ......do.............. Do.
Brunswick County. November 12, 1998,
Reg; December 6,
2019, Susp.
Pembroke, Town of, Robeson 370597 N/A, Emerg; August ......do.............. Do.
County. 24, 2007, Reg;
December 6, 2019,
Susp.
Pender County, 370344 June 28, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1985, Reg;
December 6, 2019,
Susp.
Robeson County, 370202 June 17, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
17, 1989, Reg;
December 6, 2019,
Susp.
Roxboro, City of, Person 370347 N/A, Emerg; March ......do.............. Do.
County. 25, 1991, Reg;
December 6, 2019,
Susp.
Tabor City, Town of, 370070 January 29, 1975, December 6, 2019...... December 6, 2019.
Columbus County. Emerg; July 17,
1986, Reg;
December 6, 2019,
Susp.
----------------------------------------------------------------------------------------------------------------
* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: November 22, 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. 2019-25948 Filed 11-29-19; 8:45 am]
BILLING CODE 9110-12-P