[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18129-18131]
[FR Doc No: 2020-06495]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8623]

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
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>.

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:

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                                                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 I

Connecticut:
    North Stonington, Town of,        090101  September 15,       April 3, 2020.........  April 3, 2020.
     New London County.                        1975, Emerg;
                                               April 3, 1985,
                                               Reg; April 3,
                                               2020, Susp.
    Stonington, Town of, New          090106  May 28, 1975,       ......do *............   Do.
     London County.                            Emerg; September
                                               30, 1980, Reg;
                                               April 3, 2020,
                                               Susp.
    Voluntown, Town of, New           090143  July 17, 1975,      ......do..............   Do.
     London County.                            Emerg; June 3,
                                               1988, Reg; April
                                               3, 2020, Susp.
Rhode Island:
    Charlestown, Town of,             445395  October 30, 1970,   ......do..............   Do.
     Washington County.                        Emerg; July 13,
                                               1972, Reg; April
                                               3, 2020, Susp.
    Coventry, Town of, Kent           440004  November 21, 1973,  ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1978, Reg;
                                               April 3, 2020,
                                               Susp.
    Exeter, Town of,                  440032  February 4, 1976,   ......do..............   Do.
     Washington County.                        Emerg; March 1,
                                               1982, Reg; April
                                               3, 2020, Susp.
    Hopkinton, Town of,               440028  September 8, 1975,  ......do..............   Do.
     Washington County.                        Emerg; March 16,
                                               1981, Reg; April
                                               3, 2020, Susp.
    Narragansett, Town of,            445402  September 18,       ......do..............   Do.
     Washington County.                        1970, Emerg;
                                               December 3, 1971,
                                               Reg; April 3,
                                               2020, Susp.
    Narragansett Indian Tribe,        445414  N/A, Emerg;         ......do..............   Do.
     Tribal Nation, Washington                 February 14,
     County.                                   2005, Reg; April
                                               3, 2020, Susp.
    North Kingstown, Town of,         445404  September 18,       ......do..............   Do.
     Washington County.                        1970, Emerg; July
                                               14, 1972, Reg;
                                               April 3, 2020,
                                               Susp.
    Richmond, Town of,                440031  July 7, 1975,       ......do..............   Do.
     Washington County.                        Emerg; November
                                               5, 1980, Reg;
                                               April 3, 2020,
                                               Susp.
    South Kingstown, Town of,         445407  September 11,       ......do..............   Do.
     Washington County.                        1970, Emerg; June
                                               23, 1972, Reg;
                                               April 3, 2020,
                                               Susp.

    West Greenwich, Town of,          440037  October 10, 1975,   ......do..............   Do.
     Kent County.                              Emerg; January 3,
                                               1986, Reg; April
                                               3, 2020, Susp.
    Westerly, Town of,                445410  August 14, 1970,    ......do..............   Do.
     Washington County.                        Emerg; July 28,
                                               1972, Reg; April
                                               3, 2020, Susp.
           Region II

New Jersey:
    Belleville, Township of,          340177  June 28, 1973,      ......do..............   Do.
     Essex County.                             Emerg; September
                                               28, 1979, Reg;
                                               April 3, 2020,
                                               Susp.
    Bloomfield, Township of,          340178  May 12, 1972,       ......do..............   Do.
     Essex County.                             Emerg; August 15,
                                               1977, Reg; April
                                               3, 2020, Susp.
    Caldwell, Borough of,             340584  April 4, 2000,      ......do..............   Do.
     Essex County.                             Emerg; June 4,
                                               2007, Reg; April
                                               3, 2020, Susp.
    Cedar Grove, Township of,         340180  March 15, 1974,     ......do..............   Do.
     Essex County.                             Emerg; February
                                               1, 1980, Reg;
                                               April 3, 2020,
                                               Susp.
    East Orange, City of,             340181  July 14, 1972,      ......do..............   Do.
     Essex County.                             Emerg; February
                                               2, 1977, Reg;
                                               April 3, 2020,
                                               Susp.
    Essex Fells, Borough of,          340575  July 28, 1975,      ......do..............   Do.
     Essex County.                             Emerg; January 2,
                                               1980, Reg; April
                                               3, 2020, Susp.
    Glen Ridge, Borough of,           340183  April 15, 1975,     ......do..............   Do.
     Essex County.                             Emerg; April 3,
                                               1984, Reg; April
                                               3, 2020, Susp.
    Newark, City of, Essex            340189  November 3, 1972,   ......do..............   Do.
     County.                                   Emerg; March 28,
                                               1980, Reg; April
                                               3, 2020, Susp.
    North Caldwell, Borough           340190  May 2, 1975,        ......do..............   Do.
     of, Essex County.                         Emerg; April 3,
                                               1985, Reg; April
                                               3, 2020, Susp.
    Nutley, Township of, Essex        340191  June 30, 1972,      ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1977, Reg; April
                                               3, 2020, Susp.
    Orange Township, City of,         340192  October 2, 1973,    ......do..............   Do.
     Essex County.                             Emerg; June 15,
                                               1984, Reg; April
                                               3, 2020, Susp.
    Roseland, Borough of,             340193  July 31, 1975,      ......do..............   Do.
     Essex County.                             Emerg; September
                                               2, 1981, Reg;
                                               April 3, 2020,
                                               Susp.
    Verona, Township of, Essex        340195  February 23, 1973,  ......do..............   Do.
     County.                                   Emerg; February
                                               15, 1980, Reg;
                                               April 3, 2020,
                                               Susp.
          Region III

Maryland:
    Barton, Town of, Allegany         240002  June 13, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               April 3, 2020,
                                               Susp.
    Cumberland, City of,              240003  January 23, 1974,   ......do..............   Do.
     Allegany County.                          Emerg; September
                                               1, 1978, Reg;
                                               April 3, 2020,
                                               Susp.
    Frostburg, City of,               240004  April 17, 1975,     ......do..............   Do.
     Allegany County.                          Emerg; December
                                               18, 1979, Reg;
                                               April 3, 2020,
                                               Susp.
    Lonaconing, Town of,              240005  June 19, 1975,      ......do..............   Do.
     Allegany County.                          Emerg; September
                                               28, 1979, Reg;
                                               April 3, 2020,
                                               Susp.
    Midland, Town of, Allegany        240006  June 2, 1975,       ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; April
                                               3, 2020, Susp.
    Westernport, Town of,             240007  February 19, 1975,  ......do..............   Do.
     Allegany County.                          Emerg; July 16,
                                               1979, Reg; April
                                               3, 2020, Susp.
----------------------------------------------------------------------------------------------------------------
*-do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Katherine B. Fox,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2020-06495 Filed 3-31-20; 8:45 am]
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[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67597-67599]
[FR Doc No: 2011-28313]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-65628]

Technical Amendment to Delegation of Authority to the Director of
the Division of Trading and Markets

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendment.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
making a technical amendment to the rule that delegates authority to
the Director of the Division of Trading and Markets to grant exemptions
upon specified terms, conditions, and periods to persons subject to
Rule 17f-2 under the Securities Exchange Act of 1934 (``Exchange
Act'').

DATES: Effective Date: November 2, 2011.

FOR FURTHER INFORMATION CONTACT: Jerry W. Carpenter, Assistant
Director, or

David Karasik, Special Counsel, at<PHONE_NUMBER>, Securities and
Exchange Commission, Division of Trading and Markets, Room 7321 SP1,
100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 17(f)(2) of the Exchange Act requires every member of a
national securities exchange, broker, dealer, registered transfer
agent, and registered clearing agency to require that each of its
partners, directors, officers, and employees be fingerprinted and to
submit such fingerprints to the U.S. Attorney General for
identification and processing.\1\ In order to permit some flexibility
in the administration of the fingerprinting requirement, Section
17(f)(2) also provides ``The Commission, by rule, may exempt from the
provisions of this paragraph [Section 17(f)(2)] upon specified terms,
conditions, and periods, any class of partners, directors, officers, or
employees of any such member, broker, dealer, transfer agent, or
clearing agency, if the Commission finds that such action is not
inconsistent with the public interest or the protection of investors.''
\2\
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    \1\ 15 U.S.C. 78q(f)(2).
    \2\ Id.
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    Pursuant to this statutory authority, the Commission adopted Rule
17f-2 in 1976 to provide for certain exemptions from the fingerprinting
requirement of Section 17(f)(2) of the Exchange Act.\3\ As adopted by
the Commission in 1976, exemptions from the fingerprinting requirements
of Section 17(f)(2) could also be requested by persons that did not
meet certain conditions specified in Rule 17f-2 by applying to the
Commission for exemptive relief pursuant to a prior paragraph (g) of
Rule 17f-2.\4\
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    \3\ 17 CFR 240.17f-2. Securities Exchange Act Release No. 12214
(Mar. 16, 1976), 41 FR 13594 (Mar. 31, 1976).
    \4\ Prior Rule 17f-2(g) (as reflected in 1976 at the time of
adoption of the rule) provided:
    The Commission, upon specified terms, conditions and periods,
may grant exemptions to any class of partners, directors, officers,
or employees of any member of a national securities exchange,
broker, dealer, registered transfer agent, or registered clearing
agency, if the Commission finds that such action is not inconsistent
with the public interest or the protection of investors.
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    After adopting Rule 17f-2, the Commission delegated its authority,
pursuant to Rule 30-3(a)(17) of the Commission's Rules of Organization
and Program Management, to grant exemptions under Rule 17f-2(g) to the
Director of the Division of Market Regulation (now known as the
Division of Trading and Markets) (``Division Director'').\5\ In 1982,
the Commission amended Rule 17f-2 in order to simplify the process of
claiming exemptions from the fingerprinting requirements.\6\ Part of
this simplification effort involved a change consisting of moving the
entire text of paragraph (g) of Rule 17f-2, without any modifications,
to a new subparagraph (a)(2). However, the Commission did not update
references to Rule 17f-2(g) contained in Rule 30-3(a)(17) to reflect
this change. In order to correct this oversight, the Commission is
making a technical amendment to Rule 30-3(a)(17) to reflect the
authority of the Division Director to grant exemptions upon specified
terms, conditions, and periods to persons subject to Rule 17f-2
pursuant to Rule 17f-2(a)(2).
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    \5\ Rule 30-3 of the Commission's Rules of Organization and
Program Management has been updated to reflect the name of the
division is now the Division of Trading and Markets. See 17 CFR
200.30-3.
    \6\ Securities Exchange Act Release No. 19268 (Nov. 18, 1982),
47 FR 54060 (Dec. 1, 1982).
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II. Administrative Law Matters

    The Administrative Procedure Act (``APA'') \7\ generally requires
an agency to publish, before adopting a rule, notice of a proposed
rulemaking in the Federal Register.\8\ This requirement does not apply,
however, to, ``interpretive rules, general statements of policy, or
rules of agency organization, procedure, or practice.'' \9\
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    \7\ 5 U.S.C. 551 et seq.
    \8\ See 5 U.S.C. 553(b).
    \9\ Id.
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    This amendment consisting of replacing an outdated reference to
``Rule 17f-2(g)'' with a reference to ``Rule 17f-2(a)(2)'' within Rule
30-3 of the Commission's Rules of Organization and Program Management
is a technical change, being adopted solely to interpret references to
a statutory provision that has been moved but otherwise remains
unchanged and which relates solely to the delegation of authority or
duties within the Commission. Accordingly, the Commission finds that
because the amendments relate solely to interpretive rules and rules of
agency organization, procedure, or practice, that publishing the
changes for comment is unnecessary.\10\ In addition, the APA generally
requires that an agency publish a rule in the Federal Register 30 days
before the rule becomes effective.\11\ This requirement, however, does
not apply to ``interpretative rules and statements of policy.'' \12\
Because this amendment functions as an interpretative rule that would
merely interpret references to an outdated ``Rule 17f-2(g)'' (that
presently does not exist) as applying to ``Rule 17f-2(a)(2)'' this
amendment may take effect immediately. Similarly, the amendment does
not require analysis under the Regulatory Flexibility Act or analysis
of major rule status under the Small Business Regulatory Fairness
Act.\13\
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    \10\ Id.
    \11\ See 5 U.S.C. 553(d).
    \12\ Id.
    \13\ See 5 U.S.C. 601(2) (for purposes of Regulatory Flexibility
Act analysis, the term ``rule'' means any rule for which the agency
publishes a general notice of proposed rulemaking); and 5 U.S.C.
804(3)(C) (for purposes of Congressional review of agency
rulemaking, the term ``rule'' does not include any rule of agency
organization, procedure or practice that does not substantially
affect the rights or obligations of non-agency parties).
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III. Consideration of the Competitive Effects of Amendment

    Section 3(f) of the Exchange Act,\14\ provides that whenever the
Commission is engaged in rulemaking and is required to consider or
determine whether an action is necessary or appropriate in the public
interest, the Commission shall consider, in addition to the protection
of investors, whether the action will promote efficiency, competition,
and capital formation. In addition, Section 23(a)(2) of the Exchange
Act requires the Commission in adopting rules under the Exchange Act to
consider the competitive effects of such rules.\15\ Because this
amendment merely makes a technical change to update a statutory
reference, the Commission does not anticipate that the amendment would
have an effect on efficiency, competition, or capital formation, and
the Commission does not anticipate any competitive advantages or
disadvantages would be created.
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    \14\ 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78w(a)(2).
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IV. Statutory Authority and Text of Amendments

    We are adopting this technical amendment under the authority set
forth in Section 23(a) of the Exchange Act.\16\
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    \16\ 15 U.S.C. 782w(a).
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List of Subjects 17 CFR Part 200

    Administrative practice and procedure, Conflict of interests, and
Freedom of information.

Text of Amendment

    For the reasons set out in the preamble, Title 17, Chapter II of
the Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

0
1. The authority citation for part 200, subpart A, continues to read in
part as follows:

    Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202 unless otherwise noted.
* * * * *

0
2. Section 200.30-3 is amended by revising paragraph (a)(17)(ii) to
read as follows:

Sec.  200.30-3  Delegation of authority to Director of Division of
Trading and Markets.

* * * * *
    (a) * * *
    (17) * * *
    (ii) To grant exemptions upon specified terms, conditions, and
periods, for classes of persons subject to Rule 17f-2 pursuant to Rule
17f-2(a)(2) (Sec.  240.17f-2(a)(2) of this chapter).
* * * * *

     Dated: October 26, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-28313 Filed 11-1-11; 8:45 am]
BILLING CODE 8011-01-P