[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Rules and Regulations]
[Pages 20988-20991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8391]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8225]


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.

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.

[[Page 20989]]

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

    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
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           Region II
 
New York:
    Barton, Town of, Tioga            360832  September 2, 1975,  April 17, 2012........  April 17, 2012
     County.                                   Emerg; June 15,
                                               1982, Reg; April
                                               17, 2012, Susp.
    Berkshire, Town of, Tioga         361215  August 8, 1977,     ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; April
                                               17, 2012, Susp.
    Candor, Town of, Tioga            360833  July 30, 1976,      ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1986, Reg; April
                                               17, 2012, Susp.
    Candor, Village of, Tioga         360834  July 21, 1975,      ......do..............   Do.
     County.                                   Emerg; October 1,
                                               1991, Reg; April
                                               17, 2012, Susp.
    Newark Valley, Town of,           360835  June 25, 1973,      ......do..............   Do.
     Tioga County.                             Emerg; February
                                               3, 1982, Reg;
                                               April 17, 2012,
                                               Susp.
    Newark Valley, Village of,        360836  September 2, 1976,  ......do..............   Do.
     Tioga County.                             Emerg; February
                                               3, 1982, Reg;
                                               April 17, 2012,
                                               Susp.
    Nichols, Town of, Tioga           360837  August 6, 1975,     ......do..............   Do.
     County.                                   Emerg; February
                                               17, 1982, Reg;
                                               April 17, 2012,
                                               Susp.
    Nichols, Village of, Tioga        360838  September 2, 1976,  ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1986, Reg;
                                               April 17, 2012,
                                               Susp.
    Owego, Town of, Tioga             360839  December 29, 1972,  ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1977, Reg; April
                                               17, 2012, Susp.
    Owego, Village of, Tioga          360840  December 22, 1972,  ......do..............   Do.
     County.                                   Emerg; May 16,
                                               1977, Reg; April
                                               17, 2012, Susp.
    Richford, Town of, Tioga          361216  August 10, 1976,    ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; April
                                               17, 2012, Susp.
    Spencer, Town of, Tioga           360841  October 16, 1975,   ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; April
                                               17, 2012, Susp.

[[Page 20990]]

 
    Spencer, Village of, Tioga        361471  December 16, 1976,  ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; April
                                               17, 2012, Susp.
    Tioga, Town of, Tioga             360842  August 15, 1975,    ......do..............   Do.
     County.                                   Emerg; May 17,
                                               1982, Reg; April
                                               17, 2012, Susp.
    Waverly, Village of, Tioga        361343  June 27, 1974,      ......do..............   Do.
     County.                                   Emerg; March 16,
                                               1983, Reg; April
                                               17, 2012, Susp.
           Region IV
 
Georgia:
    East Ellijay, City of,            130089  July 3, 1975,       ......do..............   Do.
     Gilmer County.                            Emerg; November
                                               3, 1999, Reg;
                                               April 17, 2012,
                                               Susp.
    Ellijay, City of, Gilmer          130090  April 22, 1975,     ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1990, Reg; April
                                               17, 2012, Susp.
    Gilmer County,                    130317  October 29, 1982,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 15,
                                               1990, Reg; April
                                               17, 2012, Susp.
Tennessee:
    Gallatin, City of, Sumner         470185  May 27, 1975,       ......do..............   Do.
     County.                                   Emerg; August 3,
                                               1981, Reg; April
                                               17, 2012, Susp.
    Goodlettsville, City of,          470287  April 21, 1975,     ......do..............   Do.
     Sumner County.                            Emerg; June 15,
                                               1981, Reg; April
                                               17, 2012, Susp.
    Hendersonville, City of,          470186  May 28, 1974,       ......do..............   Do.
     Sumner County.                            Emerg; November
                                               4, 1981, Reg;
                                               April 17, 2012,
                                               Susp.
    Millersville, City of,            470388  August 30, 1982,    ......do..............   Do.
     Sumner County.                            Emerg; June 15,
                                               1984, Reg; April
                                               17, 2012, Susp.
    Portland, City of, Sumner         470187  February 14, 1975,  ......do..............   Do.
     County.                                   Emerg; August 4,
                                               1987, Reg; April
                                               17, 2012, Susp.
    Sumner County,                    470349  August 5, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 19,
                                               1985, Reg; April
                                               17, 2012, Susp.
    Westmoreland, Town of,            470415  N/A, Emerg; May     ......do..............   Do.
     Sumner County.                            19, 2005, Reg;
                                               April 17, 2012,
                                               Susp.
    White House, City of,             470339  May 13, 1975,       ......do..............   Do.
     Sumner County.                            Emerg; June 1,
                                               1988, Reg; April
                                               17, 2012, Susp.
            Region V
Michigan:
    Grayling, City of, Crawford       260901  May 21, 1992,       ......do..............   Do.
     County.                                   Emerg; June 25,
                                               1992, Reg; April
                                               17, 2012, Susp.
    South Branch, Township of,        261021  May 6, 1998,        ......do..............   Do.
     Crawford County.                          Emerg; N/A, Reg;
                                               April 17, 2012,
                                               Susp.
Minnesota:
    Barnesville, City of, Clay        270078  May 2, 1974,        ......do..............   Do.
     County.                                   Emerg; March 2,
                                               1981, Reg; April
                                               17, 2012, Susp.
    Center City, City of,             270685  September 5, 1975,  ......do..............   Do.
     Chisago County.                           Emerg; January
                                               28, 1983, Reg;
                                               April 17, 2012,
                                               Susp.
    Chisago, City of, Chisago         270707  June 28, 1982,      ......do..............   Do.
     County.                                   Emerg; January 7,
                                               1983, Reg; April
                                               17, 2012, Susp.
    Chisago County,                   270682  September 4, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 18,
                                               1983, Reg; April
                                               17, 2012, Susp.
    Clay County, Unincorporated       275235  August 7, 1970,     ......do..............   Do.
     Areas.                                    Emerg; May 5,
                                               1972, Reg; April
                                               17, 2012, Susp.
    Dilworth, City of, Clay           270080  March 20, 1974,     ......do..............   Do.
     County.                                   Emerg; May 19,
                                               1981, Reg; April
                                               17, 2012, Susp.
    Georgetown, City of, Clay         270082  March 20, 1975,     ......do..............   Do.
     County.                                   Emerg; July 18,
                                               1983, Reg; April
                                               17, 2012, Susp.
    Glyndon, City of, Clay            270083  September 26,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               March 2, 1981,
                                               Reg; April 17,
                                               2012, Susp.
    Hawley, City of, Clay             270084  April 22, 1974,     ......do..............   Do.
     County.                                   Emerg; March 16,
                                               1981, Reg; April
                                               17, 2012, Susp.
    Lindstrom, City of, Chisago       270683  September 4, 1975,  ......do..............   Do.
     County.                                   Emerg; January 7,
                                               1983, Reg; April
                                               17, 2012, Susp.
    Moorhead, City of, Clay           275244  March 19, 1971,     ......do..............   Do.
     County.                                   Emerg; February
                                               18, 1972, Reg;
                                               April 17, 2012,
                                               Susp.
    North Branch, City of,            270072  September 15,       ......do..............   Do.
     Chisago County.                           1987, Emerg; May
                                               19, 1997, Reg;
                                               April 17, 2012,
                                               Susp.
    Stacy, City of, Chisago           270074  October 8, 1975,    ......do..............   Do.
     County.                                   Emerg; July 6,
                                               1984, Reg; April
                                               17, 2012, Susp.
    Wyoming, City of, Chisago         270076  N/A, Emerg; August  ......do..............   Do.
     County.                                   30, 2010, Reg;
                                               April 17, 2012,
                                               Susp.
           Region VI
 
Arkansas:
    Russellville, City of, Pope       050178  July 17, 1970,      ......do..............   Do.
     County.                                   Emerg; July 18,
                                               1970, Reg; April
                                               17, 2012, Susp.

[[Page 20991]]

 
Oklahoma:
    Bixby, City of, Wagoner           400207  March 6, 1974,      ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               April 17, 2012,
                                               Susp.
    Broken Arrow, City of,            400236  November 27, 1974,  ......do..............   Do.
     Wagoner County.                           Emerg; August 17,
                                               1981, Reg; April
                                               17, 2012, Susp.
    Catoosa, City of, Wagoner         400185  January 8, 1976,    ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1980, Reg; April
                                               17, 2012, Susp.
    Coweta, City of, Wagoner          400216  March 21, 1978,     ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1986, Reg;
                                               April 17, 2012,
                                               Susp.
    Okay, Town of, Wagoner            400217  July 8, 1977,       ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1982, Reg;
                                               April 17, 2012,
                                               Susp.
    Porter, Town of, Wagoner          400434  September 28,       ......do..............   Do.
     County.                                   1977, Emerg;
                                               January 26, 1983,
                                               Reg; April 17,
                                               2012, Susp.
    Red Bird, Town of, Wagoner        400321  October 21, 1976,   ......do..............   Do.
     County.                                   Emerg; October 9,
                                               1979, Reg; April
                                               17, 2012, Susp.
    Tulsa, City of, Wagoner           405381  November 20, 1970,  ......do..............   Do.
     County.                                   Emerg; August 13,
                                               1971, Reg; April
                                               17, 2012, Susp.
    Wagoner, City of, Wagoner         400219  January 14, 1976,   ......do..............   Do.
     County.                                   Emerg; October
                                               19, 1982, Reg;
                                               April 17, 2012,
                                               Susp.
    Wagoner County,                   400215  July 15, 1981,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               2, 1988, Reg;
                                               April 17, 2012,
                                               Susp.
Texas:
    Emory, Town of, Rains             480977  September 13,       ......do..............   Do.
     County.                                   2002, Emerg; N/A,
                                               Reg; April 17,
                                               2012, Susp.
    Point, City of, Rains             481156  September 21,       ......do..............   Do.
     County.                                   1981, Emerg;
                                               April 17, 1985,
                                               Reg; April 17,
                                               2012, Susp.
    Rains County,                     480975  January 15, 2003,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               April 17, 2012,
                                               Susp.
 
          Region VIII
 
South Dakota:
    Deadwood, City of, Lawrence       460045  November 26, 1974,  ......do..............   Do.
     County.                                   Emerg; February
                                               3, 1982, Reg;
                                               April 17, 2012,
                                               Susp.
    Lawrence County,                  460094  April 30, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 17,
                                               1990, Reg; April
                                               17, 2012, Susp.
    Lead, City of, Lawrence           460190  September 20,       ......do..............   Do.
     County.                                   1999, Emerg; N/A,
                                               Reg; April 17,
                                               2012, Susp.
    Spearfish, City of,               460046  October 30, 1974,   ......do..............   Do.
     Lawrence County.                          Emerg; September
                                               2, 1981, Reg;
                                               April 17, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*......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