Suspension of Community Eligibility, 22357-22360 [2021-08703]
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Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Rules and Regulations
license, ruling, regulation, order,
directive, or instruction issued by or
pursuant to the direction or
authorization of the Secretary of the
Treasury pursuant to this part or
otherwise under the International
Emergency Economic Powers Act (50
U.S.C. 1701–1706);
(ii) Considers it important to
document the occurrence of a violation;
and
(iii) Based on the Guidelines
contained in appendix A to part 501 of
this chapter, concludes that an
administrative response is warranted
but that a civil monetary penalty is not
the most appropriate response.
(2) An initial Finding of Violation
shall be in writing and may be issued
whether or not another agency has taken
any action with respect to the matter.
For additional details concerning
issuance of a Finding of Violation, see
appendix A to part 501 of this chapter.
(b) Response—(1) Right to respond.
An alleged violator has the right to
contest an initial Finding of Violation
by providing a written response to
OFAC.
(2) Deadline for response; Default
determination. A response to an initial
Finding of Violation must be made
within 30 days as set forth in paragraphs
(b)(2)(i) and (ii) of this section. The
failure to submit a response within 30
days shall be deemed to be a waiver of
the right to respond, and the initial
Finding of Violation will become final
and will constitute final agency action.
The violator has the right to seek
judicial review of that final agency
action in federal district court.
(i) Computation of time for response.
A response to an initial Finding of
Violation must be postmarked or datestamped by the U.S. Postal Service (or
foreign postal service, if mailed abroad)
or courier service provider (if
transmitted to OFAC by courier), or
dated if sent by email, on or before the
30th day after the postmark date on the
envelope in which the initial Finding of
Violation was served or date the Finding
of Violation was sent by email. If the
initial Finding of Violation was
personally delivered by a non-U.S.
Postal Service agent authorized by
OFAC, a response must be postmarked
or date-stamped on or before the 30th
day after the date of delivery.
(ii) Extensions of time for response. If
a due date falls on a federal holiday or
weekend, that due date is extended to
include the following business day. Any
other extensions of time will be granted,
at the discretion of OFAC, only upon
specific request to OFAC.
(3) Form and method of response. A
response to an initial Finding of
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Violation need not be in any particular
form, but it must be typewritten and
signed by the alleged violator or a
representative thereof, contain
information sufficient to indicate that it
is in response to the initial Finding of
Violation, and include the OFAC
identification number listed on the
initial Finding of Violation. A copy of
the written response may be sent by
facsimile, but the original also must be
sent to OFAC by mail or courier or
email and must be postmarked or datestamped in accordance with paragraph
(b)(2) of this section.
(4) Information that should be
included in response. Any response
should set forth in detail why the
alleged violator either believes that a
violation of the regulations did not
occur and/or why a Finding of Violation
is otherwise unwarranted under the
circumstances, with reference to the
General Factors Affecting
Administrative Action set forth in the
Guidelines contained in appendix A to
part 501 of this chapter. The response
should include all documentary or other
evidence available to the alleged
violator that supports the arguments set
forth in the response. OFAC will
consider all relevant materials
submitted in the response.
(c) Determination—(1) Determination
that a Finding of Violation is warranted.
If, after considering the response, OFAC
determines that a final Finding of
Violation should be issued, OFAC will
issue a final Finding of Violation that
will inform the violator of its decision.
A final Finding of Violation shall
constitute final agency action. The
violator has the right to seek judicial
review of that final agency action in
federal district court.
(2) Determination that a Finding of
Violation is not warranted. If, after
considering the response, OFAC
determines a Finding of Violation is not
warranted, then OFAC will inform the
alleged violator of its decision not to
issue a final Finding of Violation.
Note 1 to paragraph (c)(2). A
determination by OFAC that a final Finding
of Violation is not warranted does not
preclude OFAC from pursuing other
enforcement actions consistent with the
Guidelines contained in appendix A to part
501 of this chapter.
(d) Representation. A representative
of the alleged violator may act on behalf
of the alleged violator, but any oral
communication with OFAC prior to a
written submission regarding the
specific alleged violations contained in
the initial Finding of Violation must be
preceded by a written letter of
representation, unless the initial
Finding of Violation was served upon
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22357
the alleged violator in care of the
representative.
Subpart H—Procedures
§ 551.801
Procedures.
For license application procedures
and procedures relating to amendments,
modifications, or revocations of
licenses; administrative decisions;
rulemaking; and requests for documents
pursuant to the Freedom of Information
and Privacy Acts (5 U.S.C. 552 and
552a), see part 501, subpart E, of this
chapter.
§ 551.802 Delegation of certain authorities
of the Secretary of the Treasury.
Any action that the Secretary of the
Treasury is authorized to take pursuant
to Executive Order (E.O.) 13536 of April
12, 2010, E.O. 13620 of July 20, 2012,
and any further Executive orders
relating to the national emergency
declared in E.O. 13536, may be taken by
the Director of OFAC or by any other
person to whom the Secretary of the
Treasury has delegated authority so to
act.
Subpart I—Paperwork Reduction Act
§ 551.901
Paperwork Reduction Act notice.
For approval by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507) of information
collections relating to recordkeeping
and reporting requirements, licensing
procedures, and other procedures, see
§ 501.901 of this chapter. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid control number
assigned by OMB.
Bradley T. Smith,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2021–08836 Filed 4–27–21; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2021–0003; Internal
Agency Docket No. FEMA–8677]
Suspension of Community Eligibility
Federal Emergency
Management Agency, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Rules and Regulations
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.
Information identifying the current
participation status of a community can
be obtained from FEMA’s Community
Status Book (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, notifications 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.
SUMMARY:
The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Adrienne L.
Sheldon, PE, CFM, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 400 C
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
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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
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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:
■
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Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Rules and Regulations
Community
No.
State and location
Region 2
New York:
Lewiston, Town of, Niagara County ...................
360502
Lewiston, Village of, Niagara County .................
360501
Niagara Falls, City of, Niagara County ..............
360506
Porter, Town of, Niagara County .......................
360510
Somerset, Town of, Niagara County ..................
360512
Wilson, Town of, Niagara County ......................
360514
Youngstown, Village of, Niagara County ...........
360515
Region 4
Mississippi:
Byhalia, Town of, Marshall County ....................
280112
Holly Springs, City of, Marshall County .............
280113
Marshall County, Unincorporated Areas ............
280274
Tunica County, Unincorporated Areas ...............
280236
South Carolina:
Duncan, Town of, Spartanburg County ..............
450177
Greenville County, Unincorporated Areas ..........
450089
Lyman, Town of, Spartanburg County ...............
450219
Spartanburg, City of, Spartanburg County .........
450181
Spartanburg County, Unincorporated Areas ......
450176
Union, City of, Union County ..............................
450186
Union County, Unincorporated Areas ................
450185
Region 5
Ohio:
Eastlake, City of, Lake County ...........................
390313
Fairport Harbor, Village of, Lake County ...........
390314
Grand River, Village of, Lake County ................
390315
Lake County, Unincorporated Areas ..................
390771
Lakeline, Village of, Lake County .......................
390888
Mentor, City of, Lake County .............................
390317
Mentor-on-the-Lake, City of, Lake County .........
390318
North Perry, Village of, Lake County .................
390742
Timberlake, Village of, Lake County ..................
390890
Willoughby, City of, Lake County .......................
390322
Willowick, City of, Lake County ..........................
390324
Current effective
map date
March 27, 1974, Emerg; June 18, 1980, Reg; May
4, 2021, Susp.
April 18, 1975, Emerg; July 6, 1984, Reg; May 4,
2021, Susp.
May 9, 1973, Emerg; March 16, 1983, Reg; May 4,
2021, Susp.
July 17, 1974, Emerg; August 15, 1983, Reg; May
4, 2021, Susp.
May 24, 1973, Emerg; February 3, 1982, Reg; May
4, 2021, Susp.
May 21, 1973, Emerg; February 1, 1978, Reg; May
4, 2021, Susp.
March 30, 1973, Emerg; June 4, 1980, Reg; May 4,
2021, Susp.
May 4, 2021 .........
May 4, 2021.
......do * .................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
April 29, 1975, Emerg; June 18, 1987, Reg; May 4,
2021, Susp.
March 11, 1975, Emerg; August 5, 1985, Reg; May
4, 2021, Susp.
August 4, 1986, Emerg; January 17, 1991, Reg;
May 4, 2021, Susp.
September 5, 1974, Emerg; July 3, 1990, Reg; May
4, 2021, Susp.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
April 29, 1975, Emerg; May 27, 1977, Reg; May 4,
2021, Susp.
February 12, 1974, Emerg; December 2, 1980,
Reg; May 4, 2021, Susp.
May 15, 1975, Emerg; May 27, 1977, Reg; May 4,
2021, Susp.
January 14, 1974, Emerg; June 1, 1978, Reg; May
4, 2021, Susp.
March 5, 1975, Emerg; August 1, 1984, Reg; May
4, 2021, Susp.
June 19, 1975, Emerg; July 16, 1981, Reg; May 4,
2021, Susp.
April 8, 1987, Emerg; March 18, 1991, Reg; May 4,
2021, Susp.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
February 4, 1972, Emerg; February 18, 1981, Reg;
May 4, 2021, Susp.
N/A, Emerg; September 13, 2006, Reg; May 4,
2021, Susp.
September 25, 1975, Emerg; July 16, 1979, Reg;
May 4, 2021, Susp.
October 22, 1975, Emerg; January 2, 1981, Reg;
May 4, 2021, Susp.
May 27, 1988, Emerg; August 4, 1988, Reg; May 4,
2021, Susp.
December 29, 1972, Emerg; December 1, 1977,
Reg; May 4, 2021, Susp.
November 28, 1975, Emerg; August 1, 1979, Reg;
May 4, 2021, Susp.
March 19, 1976, Emerg; July 16, 1979, Reg; May
4, 2021, Susp.
May 27, 1988, Emerg; August 4, 1988, Reg; May 4,
2021, Susp.
June 12, 1975, Emerg; January 16, 1981, Reg;
May 4, 2021, Susp.
February 18, 1976, Emerg; December 4, 1979,
Reg; May 4, 2021, Susp.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
......do ...................
Do.
May 4, 2021 .........
May 4, 2021.
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*......do and Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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PO 00000
Date certain
Federal assistance
no longer available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
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Federal Register / Vol. 86, No. 80 / Wednesday, April 28, 2021 / Rules and Regulations
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. 2021–08703 Filed 4–27–21; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 4
[GN Docket 15–206, FCC 16–81, FCC 19–
138; FRS 21073]
Improving Outage Reporting for
Submarine Cables and Enhanced
Submarine Cable Outage Data
Federal Communications
Commission.
ACTION: Final rule and announcement of
compliance date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved a new information collection
associated with rules governing
submarine cable outage reporting
requirements in the 2016 Report and
Order, FCC 16–81, as modified in the
2019 Order on Reconsideration, FCC
19–138, in GN Docket No. 15–206. The
Commission also announces that
compliance with the rules will be
required six months after the date of this
notice. This notice is consistent with the
2016 Report and Order and the 2019
Order on Reconsideration, which state
that the Commission will publish a
document in the Federal Register
announcing a compliance date for the
rule section mandating submarine cable
outage reporting requirements.
DATES:
Effective date: This rule is effective
October 28, 2021.
Compliance date: Compliance with
the amendments to 47 CFR 4.1 and 4.15,
published at 81 FR 52354 on August 8,
2016, and 85 FR 15733 on March 19,
2020, respectively, is required as of
October 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Scott Cinnamon at (202) 418–2319 or
scott.cinnamon@fcc.gov or Charlene C.
Goldfield at (202) 418–1372 or
charlene.goldfield@fcc.gov, AttorneyAdvisors of the Public Safety and
Homeland Security Bureau,
Cybersecurity and Communications
Reliability Division.
SUPPLEMENTARY INFORMATION: This
document announces that OMB
approved the information collection
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requirement in § 4.15 on March 25,
2021.
The Commission publishes this
document to announce the compliance
date of the rule. If you have any
comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Nicole Ongele, Federal
Communications Commission, Room
3.310, 45 L Street NE, Washington, DC
20554, regarding OMB Control Number
3060–1283. Please include the OMB
Control Number in your
correspondence. The Commission will
also accept your comments via email at
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on March
25, 2021, for the information collection
requirements contained in § 4.15 of its
rules. Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the Paperwork
Reduction Act that does not display a
current, valid OMB Control Number.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1283.
OMB Approval Date: March 25, 2021.
OMB Expiration Date: March 31,
2024.
Title: Improving Outage Reporting for
Submarine Cables and Enhanced
Submarine Cable Outage Data.
Form Number: N/A.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 74 respondents; 336
responses.
Estimated Time per Response: 6
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Mandatory.
Statutory authority for these collections
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is contained in 47 U.S.C. 34–39, 151,
154, 155, 157, 201, 251, 254, 301,
303(b), 303(g), 303(r), 307, 309(a), 309(j),
316, 332, 403, 615a–1, 615c, 1302(a),
and 1302(b); 5 U.S.C. 301, and
Executive Order no. 10530.
Total Annual Burden: 2,016 hours.
Total Annual Cost: No Cost.
Privacy Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
These outage reports filed with the
Commission pursuant to part 4 are
presumed confidential. The information
in these filings may be shared with the
Department of Homeland Security only
under appropriate confidential
disclosure protections. Other persons
seeking disclosure must follow the
procedures delineated in 47 CFR 0.457
and 0.459 of the Commission’s rules for
requests for and disclosure of
information. The Commission recently
adopted rule revisions, scheduled to
take effect on September 30, 2022, that
would expand this sharing to
participating agencies of the 50 states,
the District of Columbia, tribal nations,
territories, and other agencies of federal
government that have official duties that
make them directly responsible for
emergency management and first
responder support functions. See In the
Matter of Amendments to Part 4 of the
Commission’s Rules Concerning
Disruptions to Communications, Second
Report and Order, FCC 21–34 (2021).
Needs and Uses: This information
collection pertains to a Report and
Order adopted by the Commission in
2016 and modified in part by an Order
on Reconsideration adopted by the
Commission in 2019. The Report and
Order adopted final rules requiring
submarine cable licensees to report
service outages through the network
outage reporting system (NORS). The
Order on Reconsideration modified the
Report and Order by reexamining and
amending certain aspects of the required
reporting to better conform the
requirements to how the Commission
expects to use the outage information.
Specifically, these licensees will need to
report specific unplanned outages
greater than 30 minutes on a portion of
the cable system between submarine
line terminal equipment (SLTE) or
greater than four hours when it affects
a fiber pair.
Submarine cables are the conduit for
the vast majority of voice, data, and
internet connectivity between the
mainland United States and Alaska,
Hawaii, Guam, American Samoa, the
Northern Mariana Islands, Puerto Rico,
and the U.S. Virgin Islands, as well as
the connectivity between the United
States and the rest of the world.
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]]>Agencies
[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Rules and Regulations]
[Pages 22357-22360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08703]
=======================================================================
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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-8677]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, Department of Homeland
Security (DHS).
ACTION: Final rule.
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[[Page 22358]]
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. Information identifying the current participation status of a
community can be obtained from FEMA's Community Status Book (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, notifications 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 [bond] 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 22359]]
----------------------------------------------------------------------------------------------------------------
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 2
New York:
Lewiston, Town of, Niagara 360502 March 27, 1974, May 4, 2021........... May 4, 2021.
County. Emerg; June 18,
1980, Reg; May 4,
2021, Susp.
Lewiston, Village of, 360501 April 18, 1975, ......do *............ Do.
Niagara County. Emerg; July 6,
1984, Reg; May 4,
2021, Susp.
Niagara Falls, City of, 360506 May 9, 1973, ......do.............. Do.
Niagara County. Emerg; March 16,
1983, Reg; May 4,
2021, Susp.
Porter, Town of, Niagara 360510 July 17, 1974, ......do.............. Do.
County. Emerg; August 15,
1983, Reg; May 4,
2021, Susp.
Somerset, Town of, Niagara 360512 May 24, 1973, ......do.............. Do.
County. Emerg; February
3, 1982, Reg; May
4, 2021, Susp.
Wilson, Town of, Niagara 360514 May 21, 1973, ......do.............. Do.
County. Emerg; February
1, 1978, Reg; May
4, 2021, Susp.
Youngstown, Village of, 360515 March 30, 1973, ......do.............. Do.
Niagara County. Emerg; June 4,
1980, Reg; May 4,
2021, Susp.
Region 4
Mississippi:
Byhalia, Town of, Marshall 280112 April 29, 1975, ......do.............. Do.
County. Emerg; June 18,
1987, Reg; May 4,
2021, Susp.
Holly Springs, City of, 280113 March 11, 1975, ......do.............. Do.
Marshall County. Emerg; August 5,
1985, Reg; May 4,
2021, Susp.
Marshall County, 280274 August 4, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; January
17, 1991, Reg;
May 4, 2021,
Susp.
Tunica County, 280236 September 5, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 3,
1990, Reg; May 4,
2021, Susp.
South Carolina:
Duncan, Town of, 450177 April 29, 1975, ......do.............. Do.
Spartanburg County. Emerg; May 27,
1977, Reg; May 4,
2021, Susp.
Greenville County, 450089 February 12, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; December
2, 1980, Reg; May
4, 2021, Susp.
Lyman, Town of, 450219 May 15, 1975, ......do.............. Do.
Spartanburg County. Emerg; May 27,
1977, Reg; May 4,
2021, Susp.
Spartanburg, City of, 450181 January 14, 1974, ......do.............. Do.
Spartanburg County. Emerg; June 1,
1978, Reg; May 4,
2021, Susp.
Spartanburg County, 450176 March 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1984, Reg; May 4,
2021, Susp.
Union, City of, Union 450186 June 19, 1975, ......do.............. Do.
County. Emerg; July 16,
1981, Reg; May 4,
2021, Susp.
Union County, 450185 April 8, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; March 18,
1991, Reg; May 4,
2021, Susp.
Region 5
Ohio:
Eastlake, City of, Lake 390313 February 4, 1972, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
May 4, 2021,
Susp.
Fairport Harbor, Village 390314 N/A, Emerg; ......do.............. Do.
of, Lake County. September 13,
2006, Reg; May 4,
2021, Susp.
Grand River, Village of, 390315 September 25, ......do.............. Do.
Lake County. 1975, Emerg; July
16, 1979, Reg;
May 4, 2021,
Susp.
Lake County, 390771 October 22, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January 2,
1981, Reg; May 4,
2021, Susp.
Lakeline, Village of, Lake 390888 May 27, 1988, ......do.............. Do.
County. Emerg; August 4,
1988, Reg; May 4,
2021, Susp.
Mentor, City of, Lake 390317 December 29, 1972, ......do.............. Do.
County. Emerg; December
1, 1977, Reg; May
4, 2021, Susp.
Mentor-on-the-Lake, City 390318 November 28, 1975, ......do.............. Do.
of, Lake County. Emerg; August 1,
1979, Reg; May 4,
2021, Susp.
North Perry, Village of, 390742 March 19, 1976, ......do.............. Do.
Lake County. Emerg; July 16,
1979, Reg; May 4,
2021, Susp.
Timberlake, Village of, 390890 May 27, 1988, ......do.............. Do.
Lake County. Emerg; August 4,
1988, Reg; May 4,
2021, Susp.
Willoughby, City of, Lake 390322 June 12, 1975, ......do.............. Do.
County. Emerg; January
16, 1981, Reg;
May 4, 2021,
Susp.
Willowick, City of, Lake 390324 February 18, 1976, May 4, 2021........... May 4, 2021.
County. Emerg; December
4, 1979, Reg; May
4, 2021, Susp.
----------------------------------------------------------------------------------------------------------------
*......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 22360]]
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. 2021-08703 Filed 4-27-21; 8:45 am]
BILLING CODE 9110-12-P
