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Rule

Suspension of Community Eligibility

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ACTION:

Final rule.

SUMMARY:

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

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 David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2953.

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 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 their eligibility for the sale of insurance. A notice withdrawing the suspension of the 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 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. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

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, 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

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.

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region II
New York:
Barton, Town of, Tioga County360832September 2, 1975, Emerg; June 15, 1982, Reg; April  17, 2012, Susp.April 17, 2012April 17, 2012
Berkshire, Town of, Tioga County361215August 8, 1977, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.......do  Do.
Candor, Town of, Tioga County360833July 30, 1976, Emerg; August 19, 1986, Reg; April  17, 2012, Susp.......do  Do.
Candor, Village of, Tioga County360834July 21, 1975, Emerg; October 1, 1991, Reg; April  17, 2012, Susp.......do  Do.
Newark Valley, Town of, Tioga County360835June 25, 1973, Emerg; February 3, 1982, Reg; April  17, 2012, Susp.......do  Do.
Newark Valley, Village of, Tioga County360836September 2, 1976, Emerg; February 3, 1982, Reg; April  17, 2012, Susp.......do  Do.
Nichols, Town of, Tioga County360837August 6, 1975, Emerg; February 17, 1982, Reg; April  17, 2012, Susp.......do  Do.
Nichols, Village of, Tioga County360838September 2, 1976, Emerg; September 29, 1986, Reg; April  17, 2012, Susp.......do  Do.
Owego, Town of, Tioga County360839December 29, 1972, Emerg; June 15, 1977, Reg; April  17, 2012, Susp.......do  Do.
Owego, Village of, Tioga County360840December 22, 1972, Emerg; May 16, 1977, Reg; April  17, 2012, Susp.......do  Do.
Richford, Town of, Tioga County361216August 10, 1976, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.......do  Do.
Spencer, Town of, Tioga County360841October 16, 1975, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.......do  Do.
Spencer, Village of, Tioga County361471December 16, 1976, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.......do  Do.
Tioga, Town of, Tioga County360842August 15, 1975, Emerg; May 17, 1982, Reg; April  17, 2012, Susp.......do  Do.
Waverly, Village of, Tioga County361343June 27, 1974, Emerg; March 16, 1983, Reg; April  17, 2012, Susp.......do  Do.
Region IV
Georgia:
East Ellijay, City of, Gilmer County130089July 3, 1975, Emerg; November 3, 1999, Reg; April  17, 2012, Susp.......do  Do.
Ellijay, City of, Gilmer County130090April 22, 1975, Emerg; August 15, 1990, Reg; April  17, 2012, Susp.......do  Do.
Gilmer County, Unincorporated Areas130317October 29, 1982, Emerg; August 15, 1990, Reg; April  17, 2012, Susp.......do  Do.
Tennessee:
Gallatin, City of, Sumner County470185May 27, 1975, Emerg; August 3, 1981, Reg; April  17, 2012, Susp.......do  Do.
Goodlettsville, City of, Sumner County470287April 21, 1975, Emerg; June 15, 1981, Reg; April  17, 2012, Susp.......do  Do.
Hendersonville, City of, Sumner County470186May 28, 1974, Emerg; November 4, 1981, Reg; April  17, 2012, Susp.......do  Do.
Millersville, City of, Sumner County470388August 30, 1982, Emerg; June 15, 1984, Reg; April  17, 2012, Susp.......do  Do.
Portland, City of, Sumner County470187February 14, 1975, Emerg; August 4, 1987, Reg; April  17, 2012, Susp.......do  Do.
Sumner County, Unincorporated Areas470349August 5, 1975, Emerg; June 19, 1985, Reg; April  17, 2012, Susp.......do  Do.
Westmoreland, Town of, Sumner County470415N/A, Emerg; May 19, 2005, Reg; April  17, 2012, Susp.......do  Do.
White House, City of, Sumner County470339May 13, 1975, Emerg; June 1, 1988, Reg; April  17, 2012, Susp.......do  Do.
Region V
Michigan:
Grayling, City of, Crawford County260901May 21, 1992, Emerg; June 25, 1992, Reg; April  17, 2012, Susp.......do  Do.
South Branch, Township of, Crawford County261021May 6, 1998, Emerg; N/A, Reg; April  17, 2012, Susp.......do  Do.
Minnesota:
Barnesville, City of, Clay County270078May 2, 1974, Emerg; March 2, 1981, Reg; April  17, 2012, Susp.......do  Do.
Center City, City of, Chisago County270685September 5, 1975, Emerg; January 28, 1983, Reg; April  17, 2012, Susp.......do  Do.
Chisago, City of, Chisago County270707June 28, 1982, Emerg; January 7, 1983, Reg; April  17, 2012, Susp.......do  Do.
Chisago County, Unincorporated Areas270682September 4, 1975, Emerg; April 18, 1983, Reg; April  17, 2012, Susp.......do  Do.
Clay County, Unincorporated Areas275235August 7, 1970, Emerg; May 5, 1972, Reg; April  17, 2012, Susp.......do  Do.
Dilworth, City of, Clay County270080March 20, 1974, Emerg; May 19, 1981, Reg; April  17, 2012, Susp.......do  Do.
Georgetown, City of, Clay County270082March 20, 1975, Emerg; July 18, 1983, Reg; April  17, 2012, Susp.......do  Do.
Glyndon, City of, Clay County270083September 26, 1975, Emerg; March 2, 1981, Reg; April  17, 2012, Susp.......do  Do.
Hawley, City of, Clay County270084April 22, 1974, Emerg; March 16, 1981, Reg; April  17, 2012, Susp.......do  Do.
Lindstrom, City of, Chisago County270683September 4, 1975, Emerg; January 7, 1983, Reg; April  17, 2012, Susp.......do  Do.
Moorhead, City of, Clay County275244March 19, 1971, Emerg; February 18, 1972, Reg; April  17, 2012, Susp.......do  Do.
North Branch, City of, Chisago County270072September 15, 1987, Emerg; May 19, 1997, Reg; April  17, 2012, Susp.......do  Do.
Stacy, City of, Chisago County270074October 8, 1975, Emerg; July 6, 1984, Reg; April  17, 2012, Susp.......do  Do.
Wyoming, City of, Chisago County270076N/A, Emerg; August 30, 2010, Reg; April  17, 2012, Susp.......do  Do.
Region VI
Arkansas:
Russellville, City of, Pope County050178July 17, 1970, Emerg; July 18, 1970, Reg; April  17, 2012, Susp.......do  Do.
Oklahoma:
Bixby, City of, Wagoner County400207March 6, 1974, Emerg; September 28, 1979, Reg; April  17, 2012, Susp.......do  Do.
Broken Arrow, City of, Wagoner County400236November 27, 1974, Emerg; August 17, 1981, Reg; April  17, 2012, Susp.......do  Do.
Catoosa, City of, Wagoner County400185January 8, 1976, Emerg; August 1, 1980, Reg; April  17, 2012, Susp.......do  Do.
Coweta, City of, Wagoner County400216March 21, 1978, Emerg; September 18, 1986, Reg; April  17, 2012, Susp.......do  Do.
Okay, Town of, Wagoner County400217July 8, 1977, Emerg; September 28, 1982, Reg; April  17, 2012, Susp.......do  Do.
Porter, Town of, Wagoner County400434September 28, 1977, Emerg; January 26, 1983, Reg; April  17, 2012, Susp.......do  Do.
Red Bird, Town of, Wagoner County400321October 21, 1976, Emerg; October 9, 1979, Reg; April  17, 2012, Susp.......do  Do.
Tulsa, City of, Wagoner County405381November 20, 1970, Emerg; August 13, 1971, Reg; April  17, 2012, Susp.......do  Do.
Wagoner, City of, Wagoner County400219January 14, 1976, Emerg; October 19, 1982, Reg; April  17, 2012, Susp.......do  Do.
Wagoner County, Unincorporated Areas400215July 15, 1981, Emerg; December 2, 1988, Reg; April  17, 2012, Susp.......do  Do.
Texas:
Emory, Town of, Rains County480977September 13, 2002, Emerg; N/A, Reg; April  17, 2012, Susp.......do  Do.
Point, City of, Rains County481156September 21, 1981, Emerg; April 17, 1985, Reg; April  17, 2012, Susp.......do  Do.
Rains County, Unincorporated Areas480975January 15, 2003, Emerg; N/A, Reg; April  17, 2012, Susp.......do  Do.
Region VIII
South Dakota:
Deadwood, City of, Lawrence County460045November 26, 1974, Emerg; February 3, 1982, Reg; April  17, 2012, Susp.......do  Do.
Lawrence County, Unincorporated Areas460094April 30, 1974, Emerg; May 17, 1990, Reg; April  17, 2012, Susp.......do  Do.
Lead, City of, Lawrence County460190September 20, 1999, Emerg; N/A, Reg; April  17, 2012, Susp.......do  Do.
Spearfish, City of, Lawrence County460046October 30, 1974, Emerg; September 2, 1981, Reg; April  17, 2012, Susp.......do  Do.
*......do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 27, 2012.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2012-8391 Filed 4-6-12; 8:45 am]

BILLING CODE 9110-12-P