Suspension of Community Eligibility, 14545-14549 [2021-05406]
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
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6. Adequacy of Rulemaking Process
Lastly, OMB Memorandum M–21–14
requires agencies to consider, among
other things, whether the rulemaking
process was procedurally adequate and
whether interested parties had a fair
opportunity to present contrary facts
and arguments. We are soliciting
comment on the following:
• Whether there are any other
procedural issues pertaining to the
January 2021 MCIT rulemaking process.
• If there are other procedural issues,
what are those issues and what should
CMS do to remedy those issues?
• Should the January 2021 MCIT final
rule be amended, rescinded, or further
delayed pending review by the CMS or
allowed to go into effect?
III. Waiver of Proposed Rulemaking
and the 60-Day Public Comment
Periods
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 1871 of the Act
and section 553(b) of the Administrative
Procedure Act (APA). Unless there is a
statutory exception, section 1871(b)(1)
of the Act generally requires the
Secretary of the Department of Health
and Human Services (the Secretary) to
provide for notice of a proposed rule in
the Federal Register and provide a
period of not less than 60 days for
public comment before establishing or
changing a substantive legal standard
regarding the matters enumerated by the
statute. Similarly, under 5 U.S.C. 553(b)
of the APA, the agency is required to
publish a notice of proposed rulemaking
in the Federal Register before a
substantive rule takes effect. Section
553(d) of the APA and section
1871(e)(1)(B)(i) of the Act usually
require a 30-day delay in effective date
after issuance or publication of a rule,
subject to exceptions. Sections 553(b)(B)
and 553(d)(3) of the APA provide for
exceptions from the advance notice and
comment requirement and the delay in
effective date requirements. Sections
1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the
Act also provide exceptions from the
notice and 60-day comment period and
the 30-day delay in effective date.
Section 553(b)(B) of the APA and
section 1871(b)(2)(C) of the Act
expressly authorize an agency to
dispense with notice and comment
rulemaking for good cause if the agency
makes a finding that notice and
comment procedures are impracticable,
unnecessary, or contrary to the public
interest.
We find that notice and comment
rulemaking is impracticable,
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unnecessary, and contrary to the public
interest with respect to the relatively
short delay in the effective date of the
final MCIT rule announced by this
action. The final rule was published in
the Federal Register on January 14,
2021. Even if the MCIT final rule were
to go into effect on March 15, 2021,
CMS would be unable to operationalize
the program by that date. Because the
agency is required to make other
decisions, such as benefit category
determinations, whether there is an
existing payment methodology and
whether there is an existing code or
establishing code for the MCIT eligible
breakthrough device, it would be
impracticable to operationalize the
MCIT rule on the March 15, 2021
effective date. These operational
practicalities leave CMS incapable of
implementing the MCIT program on
March 15, 2021. Additionally, the
higher than anticipated volume of
devices receiving FDA breakthrough
device designation exponentially
complicates the operational concerns
that we have identified. Further, public
comments highlighted the importance of
the agency having the ability to not only
cover an FDA-designated breakthrough
device expeditiously, but also to be able
to have coding and payment levels
established at the same time.
It would be impracticable to provide
the normal 60-day comment period for
such a brief delay in the effective date
because the rule would be effective
before the public comments could be
meaningfully considered. Given the
March 15, 2021 effective date for the
MCIT final rule, there is not sufficient
time to adequately consider advance
public comment on this delay and it
would interfere with the public’s
interest in the orderly promulgation and
implementation of regulations. We find
good cause for dispensing with advance
public comment because it is
impracticable to provide a meaningful
opportunity to comment before
extending the effective date of the MCIT
rule.
The White House memorandum also
recommends that, for rules postponed
for further review, agencies consider
opening a 30-day comment period to
allow interested parties to provide
comments about issues of fact, law, and
policy raised by those rules, and
consider any requests for
reconsideration involving such rules.
Consistent with this guidance, we are
requesting public comments on these
topics, as well as the specific questions
posed previously. After reviewing
comments received in response to this
notice, we may determine there is a
need to postpone the effective date
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14545
further to allow additional time to
consider issues of fact, law, and policy
or to reconsider the January 2021 MCIT
final rule.
IV. Summary
This rule delays the effective date of
January 2021 MCIT final rule to May 15,
2021 for further review of the of fact,
law, and policy raised by the rule. This
rule also invites 30 days of public
comment and requests interested parties
to provide comments about issues of
fact, law, and policy raised by the
January 14, 2021 final rule so that CMS
can consider any requests for
reconsideration involving the rule. We
also invite additional public comments
on whether the rule should be amended,
rescinded, delayed pending further
review, or allowed to go into effect.
For the reasons stated previously, we
find that there is good cause under 5
U.S.C. 553(b)(B) and (d)(3) to publish
this action without prior notice and
comment, and for this action to become
effective immediately upon publication
in the Federal Register.
V. Response to Comments
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually.
Norris Cochran,
Acting Secretary, Department of Health and
Human Services.
[FR Doc. 2021–05490 Filed 3–12–21; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2021–0003; Internal
Agency Docket No. FEMA–8671]
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
SUMMARY:
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
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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.
Information identifying the current
participation status of a community can
be obtained from FEMA’s CSB available
at www.fema.gov/flood-insurance/workwith-nfip/community-status-book.
Please note that per Revisions to
Publication Requirements for
Community Eligibility Status
Information Under the National Flood
Insurance Program, notices such as this
one for scheduled suspension will no
longer be published in the Federal
Register as of June 2021 but will be
available at National Flood Insurance
Community Status and Public
Notification | FEMA.gov. Individuals
without internet access will be able to
contact their local floodplain
management official and/or State NFIP
Coordinating Office directly for
assistance.
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)
674–1087. Details regarding updated
publication requirements of community
eligibility status information under the
NFIP can be found on the CSB section
at www.fema.gov.
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, new and
substantially improved construction,
and development in general 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
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adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with NFIP regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date listed in
the third column. As of that date, flood
insurance will no longer be available in
the community. FEMA recognizes
communities may adopt and submit the
required documentation 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. Their current NFIP
participation status can be verified at
anytime on the CSB section at fema.gov.
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 published FIRM 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
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community suspension(s) included in
this rule is a non-discretionary action
and therefore the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for Part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
Community
No.
State and location
Region 3
Virginia:
Greene County, Unincorporated Areas
510200
Stanardsville, Town of, Greene County
510251
Region 4
Kentucky:
Crestwood, City of, Oldham County ......
Oldham County, Unincorporated Areas
210185
Orchard Grass Hills, City of, Oldham
County.
Mississippi:
Bolivar County, Unincorporated Areas ..
280011
Isola, Town of, Humphreys County .......
280190
Moorhead, City of, Sunflower County ...
280166
Renova, Town of, Bolivar County .........
280065
Sharkey County, Unincorporated Areas
280152
Sunflower, Town of, Sunflower County
280168
Sunflower
Areas.
Unincorporated
280195
Unincorporated
280177
South Carolina:
Beaufort, City of, Beaufort County ........
450026
Bluffton, Town of, Beaufort County .......
450251
Hardeeville, City of, Beaufort and Jasper Counties.
450113
Hilton Head Island, Town of, Beaufort
County.
450250
Port Royal, Town of, Beaufort County ..
450028
Yemassee, Town of, Beaufort and
Hampton Counties.
450103
County,
Washington
Areas.
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210027
County,
210398
Region 5
Michigan:
Blaine, Township of, Benzie County .....
260027
Frankfort, City of, Benzie County ..........
260029
Lake, Township of, Benzie County .......
260030
Minnesota:
Alvarado, City of, Marshall County ........
270267
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Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain
federal assist
ance no longer
available in
SFHAs
April 11, 1974, Emerg; September 10,
1984, Reg;
March 23, 2021, Susp.
June 19, 1974, Emerg; December 26, 1978,
Reg;
March 23, 2021, Susp.
March 23, 2021
March 23, 2021.
......do ...............
Do.
N/A, Emerg; July 27, 2006, Reg;
March 23, 2021, Susp.
March 10, 1972, Emerg; August 19, 1987,
Reg;
March 23, 2021, Susp.
N/A, Emerg; November 28, 2007, Reg;
March 23, 2021, Susp.
......do ...............
Do.
......do ...............
Do.
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Do.
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Do.
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Do.
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Do.
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Do.
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Do.
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Do.
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Do.
......do ...............
Do.
......do ...............
Do.
N/A, Emerg; October 21, 2009, Reg;
March 23, 2021, Susp.
October 30, 1974, Emerg; March 18, 1991,
Reg;
March 23, 2021, Susp.
July 17, 1974, Emerg; June 5, 1989, Reg;
March 23, 2021, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 15, 1975, Emerg; January 16, 1981,
Reg;
March 23, 2021, Susp.
......do ...............
Do.
May 4, 1973, Emerg; July 17, 1989, Reg;
March 23, 2021, Susp.
January 14, 1974, Emerg; July 3, 1978,
Reg;
March 23, 2021, Susp.
May 24, 1973, Emerg; April 17, 1978, Reg;
March 23, 2021, Susp.
July 10, 2012, Emerg; March 21, 2017,
Reg;
March 23, 2021, Susp.
May 14, 1973, Emerg; July 17, 1986, Reg;
March 23, 2021, Susp.
May 14, 1973, Emerg; July 17, 1978, Reg;
March 23, 2021, Susp.
May 4, 1973, Emerg; September 28, 1979,
Reg;
March 23, 2021, Susp.
May 4, 1973, Emerg; September 3, 1980,
Reg;
March 23, 2021, Susp.
November 27, 1970, Emerg; May 2, 1977,
Reg;
March 23, 2021, Susp.
N/A, Emerg; August 24, 1993, Reg;
March 23, 2021, Susp.
May 27, 1975, Emerg; September 1, 1987,
Reg;
March 23, 2021, Susp.
October 9, 1970, Emerg; September 12,
1984, Reg;
March 23, 2021, Susp.
September 10, 1971, Emerg; April 15,
1977, Reg;
March 23, 2021, Susp.
June 17, 1975, Emerg; September 1, 1986,
Reg;
March 23, 2021, Susp.
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
Community
No.
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State and location
Argyle, City of, Marshall County ............
270268
Grygla, City of, Marshall County ...........
270269
Marshall County, Unincorporated Areas
270638
Middle River, City of, Marshall County ..
270270
Newfolden, City of, Marshall County .....
270271
Oslo, City of, Marshall County ..............
270272
Stephen, City of, Marshall County ........
270273
Warren, City of, Marshall County ..........
270274
Region 7
Iowa:
Bettendorf, City of, Scott County ...........
190240
Buffalo, City of, Scott County ................
190241
Davenport, City of, Scott County ...........
190242
Donahue, City of, Scott County .............
190505
Eldridge, City of, Scott County ..............
190574
Le Claire, City of, Scott County .............
190243
McCausland, City of, Scott County .......
190771
Panorama Park, City of, Scott County ..
190506
Princeton, City of, Scott County ............
190244
Riverdale, City of, Scott County ............
190245
Scott County, Unincorporated Areas .....
190239
Walcott, City of, Muscatine and Scott
Counties.
190675
Region 8
Utah:
Coalville, City of, Summit County ..........
490135
Henefer, Town of, Summit County ........
490136
Oakley, City of, Summit County ............
490138
Park City, City of, Summit County ........
490139
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Date certain
federal assist
ance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
April 24, 1974, Emerg; December 15, 1982,
Reg;
March 23, 2021, Susp.
May 24, 1974, Emerg; September 30, 1982,
Reg;
March 23, 2021, Susp.
May 15, 1974, Emerg; July 18, 1983, Reg;
March 23, 2021, Susp.
August 22, 1983, Emerg; February 1, 1984,
Reg;
March 23, 2021, Susp.
July 24, 1974, Emerg; June 22, 1984, Reg;
March 23, 2021, Susp.
May 15, 1974, Emerg; September 16, 1982,
Reg;
March 23, 2021, Susp.
April 26, 1974, Emerg; September 16,
1982, Reg;
March 23, 2021, Susp.
May 15, 1974, Emerg; February 18, 1981,
Reg;
March 23, 2021, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 4, 1972, Emerg; June 1, 1978,
Reg;
March 23, 2021, Susp.
September 26, 1974, Emerg; September
17, 1980, Reg;
March 23, 2021, Susp.
July 25, 1973, Emerg; March 1, 1978, Reg;
March 23, 2021, Susp.
February 10, 1988, Emerg; May 1, 1990,
Reg;
March 23, 2021, Susp.
October 30, 1990, Emerg; September 1,
1991, Reg;
March 23, 2021, Susp.
August 8, 1974, Emerg; August 15, 1980,
Reg;
March 23, 2021, Susp.
N/A, Emerg; August 7, 2012, Reg;
March 23, 2021, Susp.
N/A, Emerg; December 17, 1990, Reg;
March 23, 2021, Susp.
July 30, 1974, Emerg; November 1, 1979,
Reg;
March 23, 2021, Susp.
July 7, 1975, Emerg; January 5, 1978, Reg;
March 23, 2021, Susp.
December 30, 1971, Emerg; June 1, 1977,
Reg;
March 23, 2021, Susp.
July 29, 1998, Emerg; November 7, 2001,
Reg;
March 23, 2021, Susp.
......do ...............
Do.
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Do.
July 24, 1975, Emerg; January 30, 1984,
Reg;
March 23, 2021, Susp.
July 23, 1975, Emerg; May 20, 1980, Reg;
March 23, 2021, Susp.
June 11, 1975, Emerg; September 24,
1984, Reg;
March 23, 2021, Susp.
May 8, 1975, Emerg; July 16, 1987, Reg;
March 23, 2021, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations
Community
No.
State and location
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Summit County, Unincorporated Areas
490134
June 10, 1975, Emerg; July 17, 1986, Reg;
March 23, 2021, Susp.
Region 10
Oregon:
Douglas County, Unincorporated Areas
410059
December 3, 1971, Emerg; December 15,
1978, Reg;
March 23, 2021, Susp.
May 22, 1975, Emerg; September 24, 1984,
Reg;
March 23, 2021, Susp.
Seneca, City of, Grant County ..............
410081
Date certain
federal assist
ance no longer
available in
SFHAs
......do ...............
Do.
......do ...............
Do.
* Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Eric J. Letvin,
Deputy Assistant Administrator for
Mitigation, Federal Insurance and Mitigation
Administration—FEMA Resilience,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2021–05406 Filed 3–16–21; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120404257–3325–02; RTID
0648–XA921]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2021 ReOpening and Subsequent Closure of
the Commercial Longline Fishery for
South Atlantic Golden Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening and
subsequent closure.
AGENCY:
NMFS announces the reopening of the commercial longline
component for golden tilefish in the
exclusive economic zone (EEZ) of the
South Atlantic through this temporary
rule. NMFS closed the commercial
longline component on February 10,
2021; however, subsequent commercial
longline landings data for golden tilefish
indicate the commercial longline annual
catch limit (ACL) for the 2021 fishing
year has not yet been reached.
Therefore, NMFS re-opens the
commercial longline component for
golden tilefish in the South Atlantic
EEZ for 11 days beginning on March 20,
2021, to allow the commercial longline
ACL to be harvested. After the 11 days,
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SUMMARY:
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15:45 Mar 16, 2021
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NMFS closes the commercial longline
component to protect the golden tilefish
resource.
DATES: This temporary rule is effective
from 12:01 a.m. eastern time on March
20, 2021, until 12:01 a.m. eastern time
on January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council (Council) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial sector for golden
tilefish comprises the longline and
hook-and-line components. The
commercial golden tilefish ACL is
allocated 75 percent to the longline
component and 25 percent to the hookand-line component. The commercial
ACL (equivalent to the commercial
quota) is 331,740 lb (150,475 kg) gutted
weight, and the longline component
quota of that ACL is 248,805 lb (112,856
kg) gutted weight (50 CFR
622.190(a)(2)(iii)).
Under 50 CFR 622.193(a)(1)(ii), NMFS
is required to close the commercial
longline component for golden tilefish
when the longline component’s
commercial quota specified under 50
CFR 622.190(a)(2)(iii) is reached or is
projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. After that
closure, golden tilefish may not be
commercially fished or possessed by a
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Sfmt 4700
vessel with a golden tilefish longline
endorsement. NMFS previously
determined that the commercial quota
for the golden tilefish longline
component in the South Atlantic would
be reached by February 10, 2021.
Therefore, NMFS published a temporary
rule to close the commercial longline
component for South Atlantic golden
tilefish from February 10, 2021, through
the end of the 2021 fishing year (86 FR
8876; February 10, 2021). However,
subsequent data indicate that the
commercial longline quota for golden
tilefish has not been met.
In accordance with 50 CFR 622.8(c),
NMFS temporarily re-opens the
commercial longline component for
golden tilefish on March 20, 2021. The
commercial longline component will
remain open for 11 days to allow for the
commercial longline quota to be
reached. The commercial longline
component for golden tilefish will be
closed from 12:01 a.m. eastern time on
March 31, 2021, until January 1, 2022,
the start of the next fishing year. NMFS
has determined that this re-opening will
allow for an additional opportunity to
commercially harvest the golden tilefish
longline component quota while
minimizing the risk of exceeding the
commercial sector’s ACL.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper and a
valid commercial longline endorsement
for golden tilefish having golden tilefish
on board must have landed and
bartered, traded, or sold such golden
tilefish prior to 12:01 a.m. eastern time
on March 31, 2021. During the
subsequent commercial longline
closure, golden tilefish may still be
commercially harvested using hookand-line gear while the hook-and-line
component is open. However, a vessel
with a golden tilefish longline
endorsement is not eligible to fish for or
possess golden tilefish using hook-and-
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14545-14549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05406]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8671]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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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
[[Page 14546]]
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. Information identifying the current participation status of a
community can be obtained from FEMA's CSB available at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Please note that
per Revisions to Publication Requirements for Community Eligibility
Status Information Under the National Flood Insurance Program, notices
such as this one for scheduled suspension will no longer be published
in the Federal Register as of June 2021 but will be available at
National Flood Insurance Community Status and Public Notification
[verbar] FEMA.gov. Individuals without internet access will be able to
contact their local floodplain management official and/or State NFIP
Coordinating Office directly for assistance.
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) 674-1087. Details
regarding updated publication requirements of community eligibility
status information under the NFIP can be found on the CSB section at
www.fema.gov.
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, new and
substantially improved construction, and development in general 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 NFIP regulations, 44 CFR part 59.
Accordingly, the communities will be suspended on the effective date
listed in the third column. As of that date, flood insurance will no
longer be available in the community. FEMA recognizes communities may
adopt and submit the required documentation 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. Their current NFIP participation status can be
verified at anytime on the CSB section at fema.gov.
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 published FIRM 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 14547]]
----------------------------------------------------------------------------------------------------------------
Effective date
authorization/
Community cancellation of Current effective map Date certain federal
State and location No. sale of flood date assist ance no longer
insurance in available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region 3
Virginia:
Greene County, 510200 April 11, 1974, March 23, 2021........ March 23, 2021.
Unincorporated Areas. Emerg; September
10, 1984, Reg;
March 23, 2021,
Susp.
Stanardsville, Town of, 510251 June 19, 1974, ......do.............. Do.
Greene County. Emerg; December
26, 1978, Reg;
March 23, 2021,
Susp.
Region 4
Kentucky:
Crestwood, City of, Oldham 210027 N/A, Emerg; July ......do.............. Do.
County. 27, 2006, Reg;
March 23, 2021,
Susp.
Oldham County, 210185 March 10, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; August 19,
1987, Reg;
March 23, 2021,
Susp.
Orchard Grass Hills, City 210398 N/A, Emerg; ......do.............. Do.
of, Oldham County. November 28,
2007, Reg;
March 23, 2021,
Susp.
Mississippi:
Bolivar County, 280011 May 4, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; July 17,
1989, Reg;
March 23, 2021,
Susp.
Isola, Town of, Humphreys 280190 January 14, 1974, ......do.............. Do.
County. Emerg; July 3,
1978, Reg;
March 23, 2021,
Susp.
Moorhead, City of, 280166 May 24, 1973, ......do.............. Do.
Sunflower County. Emerg; April 17,
1978, Reg;
March 23, 2021,
Susp.
Renova, Town of, Bolivar 280065 July 10, 2012, ......do.............. Do.
County. Emerg; March 21,
2017, Reg;
March 23, 2021,
Susp.
Sharkey County, 280152 May 14, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; July 17,
1986, Reg;
March 23, 2021,
Susp.
Sunflower, Town of, 280168 May 14, 1973, ......do.............. Do.
Sunflower County. Emerg; July 17,
1978, Reg;
March 23, 2021,
Susp.
Sunflower County, 280195 May 4, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 1979, Reg;
March 23, 2021,
Susp.
Washington County, 280177 May 4, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; September
3, 1980, Reg;
March 23, 2021,
Susp.
South Carolina:
Beaufort, City of, 450026 November 27, 1970, ......do.............. Do.
Beaufort County. Emerg; May 2,
1977, Reg;
March 23, 2021,
Susp.
Bluffton, Town of, 450251 N/A, Emerg; August ......do.............. Do.
Beaufort County. 24, 1993, Reg;
March 23, 2021,
Susp.
Hardeeville, City of, 450113 May 27, 1975, ......do.............. Do.
Beaufort and Jasper Emerg; September
Counties. 1, 1987, Reg;
March 23, 2021,
Susp.
Hilton Head Island, Town 450250 October 9, 1970, ......do.............. Do.
of, Beaufort County. Emerg; September
12, 1984, Reg;
March 23, 2021,
Susp.
Port Royal, Town of, 450028 September 10, ......do.............. Do.
Beaufort County. 1971, Emerg;
April 15, 1977,
Reg;
March 23, 2021,
Susp.
Yemassee, Town of, 450103 June 17, 1975, ......do.............. Do.
Beaufort and Hampton Emerg; September
Counties. 1, 1986, Reg;
March 23, 2021,
Susp.
Region 5
Michigan:
Blaine, Township of, 260027 N/A, Emerg; ......do.............. Do.
Benzie County. October 21, 2009,
Reg;
March 23, 2021,
Susp.
Frankfort, City of, Benzie 260029 October 30, 1974, ......do.............. Do.
County. Emerg; March 18,
1991, Reg;
March 23, 2021,
Susp.
Lake, Township of, Benzie 260030 July 17, 1974, ......do.............. Do.
County. Emerg; June 5,
1989, Reg;
March 23, 2021,
Susp.
Minnesota:
Alvarado, City of, 270267 April 15, 1975, ......do.............. Do.
Marshall County. Emerg; January
16, 1981, Reg;
March 23, 2021,
Susp.
[[Page 14548]]
Argyle, City of, Marshall 270268 April 24, 1974, ......do.............. Do.
County. Emerg; December
15, 1982, Reg;
March 23, 2021,
Susp.
Grygla, City of, Marshall 270269 May 24, 1974, ......do.............. Do.
County. Emerg; September
30, 1982, Reg;
March 23, 2021,
Susp.
Marshall County, 270638 May 15, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 18,
1983, Reg;
March 23, 2021,
Susp.
Middle River, City of, 270270 August 22, 1983, ......do.............. Do.
Marshall County. Emerg; February
1, 1984, Reg;
March 23, 2021,
Susp.
Newfolden, City of, 270271 July 24, 1974, ......do.............. Do.
Marshall County. Emerg; June 22,
1984, Reg;
March 23, 2021,
Susp.
Oslo, City of, Marshall 270272 May 15, 1974, ......do.............. Do.
County. Emerg; September
16, 1982, Reg;
March 23, 2021,
Susp.
Stephen, City of, Marshall 270273 April 26, 1974, ......do.............. Do.
County. Emerg; September
16, 1982, Reg;
March 23, 2021,
Susp.
Warren, City of, Marshall 270274 May 15, 1974, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
March 23, 2021,
Susp.
Region 7
Iowa:
Bettendorf, City of, Scott 190240 February 4, 1972, ......do.............. Do.
County. Emerg; June 1,
1978, Reg;
March 23, 2021,
Susp.
Buffalo, City of, Scott 190241 September 26, ......do.............. Do.
County. 1974, Emerg;
September 17,
1980, Reg;
March 23, 2021,
Susp.
Davenport, City of, Scott 190242 July 25, 1973, ......do.............. Do.
County. Emerg; March 1,
1978, Reg;
March 23, 2021,
Susp.
Donahue, City of, Scott 190505 February 10, 1988, ......do.............. Do.
County. Emerg; May 1,
1990, Reg;
March 23, 2021,
Susp.
Eldridge, City of, Scott 190574 October 30, 1990, ......do.............. Do.
County. Emerg; September
1, 1991, Reg;
March 23, 2021,
Susp.
Le Claire, City of, Scott 190243 August 8, 1974, ......do.............. Do.
County. Emerg; August 15,
1980, Reg;
March 23, 2021,
Susp.
McCausland, City of, Scott 190771 N/A, Emerg; August ......do.............. Do.
County. 7, 2012, Reg;
March 23, 2021,
Susp.
Panorama Park, City of, 190506 N/A, Emerg; ......do.............. Do.
Scott County. December 17,
1990, Reg;
March 23, 2021,
Susp.
Princeton, City of, Scott 190244 July 30, 1974, ......do.............. Do.
County. Emerg; November
1, 1979, Reg;
March 23, 2021,
Susp.
Riverdale, City of, Scott 190245 July 7, 1975, ......do.............. Do.
County. Emerg; January 5,
1978, Reg;
March 23, 2021,
Susp.
Scott County, 190239 December 30, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1977, Reg;
March 23, 2021,
Susp.
Walcott, City of, 190675 July 29, 1998, ......do.............. Do.
Muscatine and Scott Emerg; November
Counties. 7, 2001, Reg;
March 23, 2021,
Susp.
Region 8
Utah:
Coalville, City of, Summit 490135 July 24, 1975, ......do.............. Do.
County. Emerg; January
30, 1984, Reg;
March 23, 2021,
Susp.
Henefer, Town of, Summit 490136 July 23, 1975, ......do.............. Do.
County. Emerg; May 20,
1980, Reg;
March 23, 2021,
Susp.
Oakley, City of, Summit 490138 June 11, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
March 23, 2021,
Susp.
Park City, City of, Summit 490139 May 8, 1975, ......do.............. Do.
County. Emerg; July 16,
1987, Reg;
March 23, 2021,
Susp.
[[Page 14549]]
Summit County, 490134 June 10, 1975,
Unincorporated Areas. Emerg; July 17,
1986, Reg;
March 23, 2021,
Susp.
Region 10
Oregon:
Douglas County, 410059 December 3, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; December
15, 1978, Reg;
March 23, 2021,
Susp.
Seneca, City of, Grant 410081 May 22, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
March 23, 2021,
Susp.
----------------------------------------------------------------------------------------------------------------
* Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Eric J. Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2021-05406 Filed 3-16-21; 8:45 am]
BILLING CODE 9110-12-P
