24858 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

revised SJVUAPCD Rule 4352, we 

intend to take subsequent final action to 

reimpose sanctions pursuant to 40 CFR 

52.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to stay the imposition of 

the offset sanctions and to defer the 

imposition of the highway sanctions 

associated with SJVUAPCD Rule 4352 

based on our concurrent proposal to 

approve the State’s SIP revision as 

correcting deficiencies that initiated 

sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

limited disapproval action, relief from 

sanctions should be provided as quickly 

as possible. Therefore, EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to stay and defer 

sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action stays and defers Federal 

sanctions and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

This rule does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefor, 

and established an effective date of 

April 26, 2012. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 25, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

regulations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10077 Filed 4–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8227] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24859 

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: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact 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 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. 

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, 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: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance 

no longer 

available in 

SFHAs 

Region II 

New Jersey: 

Alexandria, Township of, Hunterdon 

County.

340230 June 28, 1973, Emerg; April 1, 1981, Reg; 

May 2, 2012, Susp. 

May 2, 2012 ..... May 2, 2012. 

mstockstill on DSK4VPTVN1PROD with RULES

24860 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance 

no longer 

available in 

SFHAs 

Delaware, Township of, Hunterdon 

County.

340506 October 21, 1974, Emerg; January 20, 

1982, Reg; May 2, 2012, Susp. 

......do* .............. Do. 

Frenchtown, Borough of, Hunterdon 

County.

340234 January 15, 1974, Emerg; March 16, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Holland, Township of, Hunterdon County.340509 June 24, 1975, Emerg; March 16, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Kingwood, Township of, Hunterdon 

County.

340499 November 21, 1973, Emerg; November 4, 

1981, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Lambertville, City of, Hunterdon County 340237 September 4, 1973, Emerg; April 1, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Milford, Borough of, Hunterdon County 340239 August 6, 1975, Emerg; November 18, 

1981, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Stockton, Borough of, Hunterdon County.345322 April 23, 1971, Emerg; June 16, 1972, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

West Amwell, Township of, Hunterdon 

County.

340243 November 17, 1972, Emerg; April 1, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

New York: 

Amenia, Town of, Dutchess County ...... 361332 February 4, 1976, Emerg; September 24, 

1984, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Beacon, City of, Dutchess County ........ 360217 May 8, 1975, Emerg; March 1, 1984, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Beekman, Town of, Dutchess County ... 361333 February 5, 1976, Emerg; September 5, 

1984, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Clinton, Town of, Dutchess County ....... 361334 March 1, 1976, Emerg; July 5, 1984, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Dover, Town of, Dutchess County ........ 361335 March 22, 1976, Emerg; August 15, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

East Fishkill, Town of, Dutchess County 361336 July 24, 1975, Emerg; June 15, 1984, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Fishkill, Town of, Dutchess County ....... 361337 September 19, 1975, Emerg; June 1, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Fishkill, Village of, Dutchess County ..... 360218 August 20, 1975, Emerg; March 15, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Hyde Park, Town of, Dutchess County 361338 May 6, 1976, Emerg; June 15, 1984, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

LaGrange, Town of, Dutchess County .. 361011 February 26, 1975, Emerg; September 28, 

1979, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Milan, Town of, Dutchess County ......... 361339 November 6, 1975, Emerg; August 10, 

1979, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Millbrook, Village of, Dutchess County 360219 March 25, 1975, Emerg; February 27, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Millerton, Village of, Dutchess County .. 360220 June 24, 1975, Emerg; January 3, 1985, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

North East, Town of, Dutchess County 361340 August 8, 1975, Emerg; September 5, 

1984, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Pawling, Town of, Dutchess County ..... 361341 June 1, 1976, Emerg; January 3, 1985, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Pawling, Village of, Dutchess County ... 361517 March 4, 1976, Emerg; August 1, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Pine Plains, Town of, Dutchess County 361141 June 16, 1976, Emerg; October 5, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Pleasant Valley, Town of, Dutchess 

County.

360221 July 2, 1975, Emerg; January 16, 1980, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Poughkeepsie, City of, Dutchess County.360222 May 1, 1975, Emerg; January 5, 1984, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Poughkeepsie, Town of, Dutchess 

County.

361142 October 21, 1974, Emerg; November 15, 

1978, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Red Hook, Town of, Dutchess County .. 361143 May 19, 1975, Emerg; October 16, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Red Hook, Village of, Dutchess County 361614 May 10, 1985, Emerg; May 10, 1985, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Rhinebeck, Town of, Dutchess County 361144 September 12, 1975, Emerg; September 5, 

1984, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Rhinebeck, Village of, Dutchess County 361999 February 9, 1984, Emerg; February 1, 

1985, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Stanford, Town of, Dutchess County .... 361145 March 19, 1976, Emerg; January 21, 1983, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Tivoli, Village of, Dutchess County ....... 361507 March 18, 1976, Emerg; August 1, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24861 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance 

no longer 

available in 

SFHAs 

Union Vale, Town of, Dutchess County 361146 July 28, 1975, Emerg; September 2, 1988, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Wappinger, Town of, Dutchess County 361387 February 12, 1975, Emerg; June 15, 1979, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Wappinger Falls, Village of, Dutchess 

County.

360223 April 18, 1975, Emerg; September 1, 1978, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Washington, Town of, Dutchess County 361147 December 11, 1975, Emerg; August 17, 

1979, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Region IV 

Florida: 

Bradford County, Unincorporated Areas 120015 May 23, 1975, Emerg; November 15, 1989, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Brooker, Town of, Bradford County ...... 120016 N/A, Emerg; April 16, 1990, Reg; May 2, 

2012, Susp. 

......do ............... Do. 

Hampton, City of, Bradford County ....... 120627 N/A, Emerg; January 15, 1999, Reg; May 2, 

2012, Susp. 

......do ............... Do. 

Lawtey, City of, Bradford County .......... 120628 N/A, Emerg; March 19, 1998, Reg; May 2, 

2012, Susp. 

......do ............... Do. 

Starke, City of, Bradford County ........... 120017 June 27, 1975, Emerg; June 18, 1987, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Mississippi: 

Arcola, Town of, Washington County .... 280178 May 14, 1973, Emerg; August 1, 1986, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Greenville, City of, Washington County 280179 April 10, 1973, Emerg; August 1, 1979, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Hollandale, City of, Washington County 280180 May 4, 1973, Emerg; January 14, 1983, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Leland, City of, Washington County ...... 280181 May 2, 1973, Emerg; February 15, 1979, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Washington County, Unincorporated 

Areas.

280177 May 4, 1973, Emerg; September 3, 1980, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Region V 

Ohio: 

Lisbon, Village of, Columbiana County 390085 February 8, 1977, Emerg; September 30, 

1988, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Wisconsin: 

Burlington, City of, Racine County ........ 550348 July 18, 1973, Emerg; May 15, 1978, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Caledonia, Village of, Racine County ... 550628 N/A, Emerg; December 5, 2008, Reg; May 

2, 2012, Susp. 

......do ............... Do. 

Mount Pleasant, Village of, Racine 

County.

550322 N/A, Emerg; April 28, 2008, Reg; May 2, 

2012, Susp. 

......do ............... Do. 

Racine, City of, Racine County ............. 555575 March 26, 1971, Emerg; June 1, 1973, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Racine County, Unincorporated Areas .. 550347 July 5, 1973, Emerg; April 1, 1982, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Rochester, Village of, Racine County ... 550352 March 21, 1975, Emerg; January 2, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Sturtevant, Village of, Racine County ... 550353 N/A, Emerg; April 28, 2008, Reg; May 2, 

2012, Susp. 

......do ............... Do. 

Union Grove, Village of, Racine County 550586 March 15, 1979, Emerg; June 17, 1986, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Waterford, Village of, Racine County .... 550354 June 10, 1975, Emerg; January 2, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Wind Point, Village of, Racine County .. 550355 March 18, 1975, Emerg; September 30, 

1980, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Region VI 

Arkansas: 

Bald Knob, City of, White County ......... 050222 September 19, 1975, Emerg; April 3, 1987, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Beebe, City of, White County ................ 050223 October 9, 1975, Emerg; September 1, 

1981, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Biggers, Town of, Randolph County ..... 050388 November 20, 1975, Emerg; August 24, 

1982, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Bradford, City of, White County ............ 050131 January 14, 1983, Emerg; October 15, 

1985, Reg; May 2, 2012, Susp. 

......do ............... Do. 

mstockstill on DSK4VPTVN1PROD with RULES

24862 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance 

no longer 

available in 

SFHAs 

Georgetown, Town of, White County .... 050605 February 21, 2001, Emerg; May 13, 2004, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Higginson, Town of, White County ........ 050225 October 18, 2007, Emerg; December 1, 

2007, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Judsonia, City of, White County ............ 050226 May 9, 1975, Emerg; September 1, 1987, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Kensett, City of, White County .............. 050227 January 19, 1976, Emerg; August 1, 1987, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Maynard, Town of, Randolph County ... 050265 August 7, 1975, Emerg; September 21, 

1982, Reg; May 2, 2012, Susp. 

......do ............... Do. 

McRae, City of, White County ............... 050228 August 20, 1975, Emerg; June 25, 1976, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Pocahontas, City of, Randolph County 050183 September 25, 1974, Emerg; January 20, 

1982, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Randolph County, Unincorporated 

Areas.

050460 March 10, 1983, Emerg; April 1, 1988, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Reyno, Town of, Randolph County ....... 050283 February 26, 1976, Emerg; August 24, 

1982, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Searcy, City of, White County ............... 050229 May 6, 1975, Emerg; February 4, 1981, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

White County, Unincorporated Areas .... 050467 October 7, 1997, Emerg; March 1, 2000, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Texas: 

Llano County, Unincorporated Areas .... 481234 January 9, 1980, Emerg; September 18, 

1991, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Sunrise Beach Village, City of, Llano 

County.

481531 April 16, 1990, Emerg; September 27, 

1991, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Region VII 

Kansas: 

Goddard, City of, Sedgwick County ...... 200500 November 30, 1977, Emerg; June 10, 1980, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Maize, City of, Sedgwick County .......... 200520 N/A, Emerg; December 24, 2002, Reg; May 

2, 2012, Susp. 

......do ............... Do. 

Sedgwick County, Unincorporated 

Areas.

200321 July 17, 1975, Emerg; June 3, 1986, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Wichita, City of, Sedgwick County ........ 200328 March 24, 1972, Emerg; May 15, 1986, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Region VIII 

Colorado: 

Fort Collins, City of, Larimer County ..... 080102 August 14, 1974, Emerg; July 16, 1979, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Larimer County, Unincorporated Areas 080101 July 2, 1974, Emerg; April 2, 1979, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Utah: 

Carbon County, Unincorporated Areas 490032 November 27, 1974, Emerg; November 15, 

1979, Reg; May 2, 2012, Susp. 

......do ............... Do. 

East Carbon, City of, Carbon County ... 490225 March 7, 1975, Emerg; May 1, 1986, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Ephraim, City of, Sanpete County ......... 490112 January 31, 1975, Emerg; April 3, 1987, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Fairview, City of, Sanpete County ......... 490113 June 12, 1975, Emerg; February 1, 1987, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Gunnison, City of, Sanpete County ....... 490115 August 27, 1975, Emerg; January 30, 1984, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Helper, City of, Carbon County ............. 490034 June 10, 1975, Emerg; March 1, 1979, 

Reg; May 2, 2012, Susp. 

......do ............... Do. 

Manti, City of, Sanpete County ............. 490116 July 10, 1975, Emerg; August 4, 1987, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Mayfield, Town of, Sanpete County ...... 490117 July 15, 2010, Emerg; N/A, Reg; May 2, 

2012, Susp. 

......do ............... Do. 

Moroni, City of, Sanpete County ........... 490118 July 9, 1975, Emerg; August 5, 1980, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Mount Pleasant, City of, Sanpete County.490213 February 25, 1976, Emerg; September 24, 

1984, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Price, City of, Carbon County ............... 490036 April 26, 1974, Emerg; March 1, 1979, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Sanpete County, Unincorporated Areas 490111 March 2, 1976, Emerg; June 1, 1986, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24863 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance 

no longer 

available in 

SFHAs 

Spring City, City of, Sanpete County .... 490119 May 7, 1976, Emerg; August 5, 1980, Reg; 

May 2, 2012, Susp. 

......do ............... Do. 

Sunnyside, City of, Carbon County ....... 490205 June 16, 1975, Emerg; September 29, 

1978, Reg; May 2, 2012, Susp. 

......do ............... Do. 

Wellington, City of, Carbon County ....... 490037 February 9, 1977, Emerg; February 2, 

1984, Reg; May 2, 2012, Susp. 

......do ............... Do. 

* do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: April 12, 2012. 

David L. Miller, 

Associate Administrator, Federal Insurance 

and Mitigation Administration, Department 

of Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2012–10001 Filed 4–25–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 386 

[Docket No. FMCSA–2011–0259] 

RIN 2126–AB38 

Amendment to Agency Rules of 

Practice 

AGENCY: Federal Motor Carrier Safety 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) amends 

its Rules of Practice for Motor Carrier, 

Intermodal Equipment Provider, Broker, 

Freight Forwarder, and Hazardous 

Materials proceedings. The Agency 

clarifies that paying the full proposed 

civil penalty in an enforcement 

proceeding, either in response to a 

Notice of Claim (NOC) or later in the 

proceeding, does not allow respondents 

to unilaterally avoid an admission of 

liability for the violations charged. 

Additionally, the Agency establishes 

procedures for issuing out-of-service 

orders to motor carriers, intermodal 

equipment providers, brokers, and 

freight forwarders it determines are 

reincarnations of other entities with a 

history of failing to comply with 

statutory or regulatory requirements; 

these procedures will provide for an 

administrative review before the out-ofservice order takes effect. Finally, the 

Agency establishes a process for 

consolidating Agency records of 

reincarnated companies with their 

predecessor entities. 

DATES: This rule is effective May 29, 

2012. 

ADDRESSES: For access to the docket to 

read background documents, including 

those referenced in this document, or to 

read comments received, go to http:// 

www.regulations.gov at any time and 

insert ‘‘FMCSA–2011–0259’’ in the 

‘‘Keyword’’ box, and then click 

‘‘Search.’’ You may also view the docket 

online by visiting the Docket 

Management Facility in Room W12– 

140, DOT Building, 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., ET Monday through 

Friday, except Federal holidays. 

Anyone is able to search the 

electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the U.S. Department of 

Transportation’s (DOT) complete 

Privacy Act Statement in the Federal 

Register published on January 17, 2008 

(73 FR 3316), or you may visit http:// 

edocket.acces.gpo.gov/2008/pdf/E8- 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Sabrina Redd, Office of Chief Counsel, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001, by telephone at (202) 366–6424 or 

via email at sabrina.redd@dot.gov. 

Office hours are from 9 a.m. to 5 p.m. 

ET, Monday through Friday, except 

Federal holidays. If you have questions 

on viewing or submitting material to the 

docket, contact Renee V. Wright, 

Program Manager, Docket Operations, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Legal Basis for the Rulemaking 

III. Background 

A. Section 386.18 

B. Section 386.73 

IV. Discussion of Comments 

A. Comments to Section 386.18 

B. Comments to Section 386.73 

C. Small Business Impact 

V. Discussion of Rule 

VI. Regulatory Analyses 

I. Abbreviations 

Advocates Advocates for Highway and 

Auto Safety 

AMSA American Moving and Storage 

Association 

ATA American Trucking Associations, Inc. 

HMSP Hazardous Materials Safety Permit 

Program 

IME Institute of Makers of Explosives 

NATC North American Transportation 

Consultants, Inc. 

OOIDA Owner-Operator Independent 

Drivers Association 

TIA Transportation Intermediaries 

Association 

II. Legal Basis for the Rulemaking 

Congress has delegated certain powers 

to regulate interstate commerce to DOT 

in numerous pieces of legislation, most 

notably in section 6 of the Department 

of Transportation Act (DOT Act) (Pub. 

L. 89–670, 80 Stat. 931 (1966)). Section 

6(e)(6)(C) of the DOT Act transferred to 

DOT the authority of the Interstate 

Commerce Commission (ICC) to regulate 

the qualifications and maximum hours 

of service of motor carrier employees, 

the safety of operations, and the 

equipment of motor carriers in interstate 

commerce. This authority, first granted 

to the ICC in the Motor Carrier Act of 

1935 (Pub. L. 74–255, 49 Stat. 543), now 

appears in chapter 315 of title 49 of the 

U.S. Code. The regulations issued under 

this authority became known as the 

Federal Motor Carrier Safety 

Regulations (FMCSRs), appearing 

generally at 49 CFR parts 350–399. The 

administrative powers to enforce 

chapter 315 were also transferred from 

the ICC to the DOT in 1966 and appear 

in chapter 5 of title 49 of the U.S. Code. 

The Secretary of DOT (Secretary) 

delegated oversight of these provisions 

mstockstill on DSK4VPTVN1PROD with RULES