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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]
 AGENCY: Federal Emergency Management Agency, DHS.
 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. 
                    ( print 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]
 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
 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 York:Barton, Town of, Tioga County
360832
September 2, 1975, Emerg; June 15, 1982, Reg; April  17, 2012, Susp.
April 17, 2012
April 17, 2012Berkshire, Town of, Tioga County
361215
August 8, 1977, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.
......do
Do.Candor, Town of, Tioga County
360833
July 30, 1976, Emerg; August 19, 1986, Reg; April  17, 2012, Susp.
......do
Do.Candor, Village of, Tioga County
360834
July 21, 1975, Emerg; October 1, 1991, Reg; April  17, 2012, Susp.
......do
Do.Newark Valley, Town of, Tioga County
360835
June 25, 1973, Emerg; February 3, 1982, Reg; April  17, 2012, Susp.
......do
Do.Newark Valley, Village of, Tioga County
360836
September 2, 1976, Emerg; February 3, 1982, Reg; April  17, 2012, Susp.
......do
Do.Nichols, Town of, Tioga County
360837
August 6, 1975, Emerg; February 17, 1982, Reg; April  17, 2012, Susp.
......do
Do.Nichols, Village of, Tioga County
360838
September 2, 1976, Emerg; September 29, 1986, Reg; April  17, 2012, Susp.
......do
Do.Owego, Town of, Tioga County
360839
December 29, 1972, Emerg; June 15, 1977, Reg; April  17, 2012, Susp.
......do
Do.Owego, Village of, Tioga County
360840
December 22, 1972, Emerg; May 16, 1977, Reg; April  17, 2012, Susp.
......do
Do.Richford, Town of, Tioga County
361216
August 10, 1976, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.
......do
Do.Spencer, Town of, Tioga County
360841
October 16, 1975, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.
......do
Do.( print page 20990)Spencer, Village of, Tioga County
361471
December 16, 1976, Emerg; May 15, 1985, Reg; April  17, 2012, Susp.
......do
Do.Tioga, Town of, Tioga County
360842
August 15, 1975, Emerg; May 17, 1982, Reg; April  17, 2012, Susp.
......do
Do.Waverly, Village of, Tioga County
361343
June 27, 1974, Emerg; March 16, 1983, Reg; April  17, 2012, Susp.
......do
Do.**Region IV**Georgia:East Ellijay, City of, Gilmer County
130089
July 3, 1975, Emerg; November 3, 1999, Reg; April  17, 2012, Susp.
......do
Do.Ellijay, City of, Gilmer County
130090
April 22, 1975, Emerg; August 15, 1990, Reg; April  17, 2012, Susp.
......do
Do.Gilmer County, Unincorporated Areas
130317
October 29, 1982, Emerg; August 15, 1990, Reg; April  17, 2012, Susp.
......do
Do.Tennessee:Gallatin, City of, Sumner County
470185
May 27, 1975, Emerg; August 3, 1981, Reg; April  17, 2012, Susp.
......do
Do.Goodlettsville, City of, Sumner County
470287
April 21, 1975, Emerg; June 15, 1981, Reg; April  17, 2012, Susp.
......do
Do.Hendersonville, City of, Sumner County
470186
May 28, 1974, Emerg; November 4, 1981, Reg; April  17, 2012, Susp.
......do
Do.Millersville, City of, Sumner County
470388
August 30, 1982, Emerg; June 15, 1984, Reg; April  17, 2012, Susp.
......do
Do.Portland, City of, Sumner County
470187
February 14, 1975, Emerg; August 4, 1987, Reg; April  17, 2012, Susp.
......do
Do.Sumner County, Unincorporated Areas
470349
August 5, 1975, Emerg; June 19, 1985, Reg; April  17, 2012, Susp.
......do
Do.Westmoreland, Town of, Sumner County
470415
N/A, Emerg; May 19, 2005, Reg; April  17, 2012, Susp.
......do
Do.White House, City of, Sumner County
470339
May 13, 1975, Emerg; June 1, 1988, Reg; April  17, 2012, Susp.
......do
Do.**Region V**Michigan:Grayling, City of, Crawford County
260901
May 21, 1992, Emerg; June 25, 1992, Reg; April  17, 2012, Susp.
......do
Do.South Branch, Township of, Crawford County
261021
May 6, 1998, Emerg; N/A, Reg; April  17, 2012, Susp.
......do
Do.Minnesota:Barnesville, City of, Clay County
270078
May 2, 1974, Emerg; March 2, 1981, Reg; April  17, 2012, Susp.
......do
Do.Center City, City of, Chisago County
270685
September 5, 1975, Emerg; January 28, 1983, Reg; April  17, 2012, Susp.
......do
Do.Chisago, City of, Chisago County
270707
June 28, 1982, Emerg; January 7, 1983, Reg; April  17, 2012, Susp.
......do
Do.Chisago County, Unincorporated Areas
270682
September 4, 1975, Emerg; April 18, 1983, Reg; April  17, 2012, Susp.
......do
Do.Clay County, Unincorporated Areas
275235
August 7, 1970, Emerg; May 5, 1972, Reg; April  17, 2012, Susp.
......do
Do.Dilworth, City of, Clay County
270080
March 20, 1974, Emerg; May 19, 1981, Reg; April  17, 2012, Susp.
......do
Do.Georgetown, City of, Clay County
270082
March 20, 1975, Emerg; July 18, 1983, Reg; April  17, 2012, Susp.
......do
Do.Glyndon, City of, Clay County
270083
September 26, 1975, Emerg; March 2, 1981, Reg; April  17, 2012, Susp.
......do
Do.Hawley, City of, Clay County
270084
April 22, 1974, Emerg; March 16, 1981, Reg; April  17, 2012, Susp.
......do
Do.Lindstrom, City of, Chisago County
270683
September 4, 1975, Emerg; January 7, 1983, Reg; April  17, 2012, Susp.
......do
Do.Moorhead, City of, Clay County
275244
March 19, 1971, Emerg; February 18, 1972, Reg; April  17, 2012, Susp.
......do
Do.North Branch, City of, Chisago County
270072
September 15, 1987, Emerg; May 19, 1997, Reg; April  17, 2012, Susp.
......do
Do.Stacy, City of, Chisago County
270074
October 8, 1975, Emerg; July 6, 1984, Reg; April  17, 2012, Susp.
......do
Do.Wyoming, City of, Chisago County
270076
N/A, Emerg; August 30, 2010, Reg; April  17, 2012, Susp.
......do
Do.**Region VI**Arkansas:Russellville, City of, Pope County
050178
July 17, 1970, Emerg; July 18, 1970, Reg; April  17, 2012, Susp.
......do
Do.( print page 20991)Oklahoma:Bixby, City of, Wagoner County
400207
March 6, 1974, Emerg; September 28, 1979, Reg; April  17, 2012, Susp.
......do
Do.Broken Arrow, City of, Wagoner County
400236
November 27, 1974, Emerg; August 17, 1981, Reg; April  17, 2012, Susp.
......do
Do.Catoosa, City of, Wagoner County
400185
January 8, 1976, Emerg; August 1, 1980, Reg; April  17, 2012, Susp.
......do
Do.Coweta, City of, Wagoner County
400216
March 21, 1978, Emerg; September 18, 1986, Reg; April  17, 2012, Susp.
......do
Do.Okay, Town of, Wagoner County
400217
July 8, 1977, Emerg; September 28, 1982, Reg; April  17, 2012, Susp.
......do
Do.Porter, Town of, Wagoner County
400434
September 28, 1977, Emerg; January 26, 1983, Reg; April  17, 2012, Susp.
......do
Do.Red Bird, Town of, Wagoner County
400321
October 21, 1976, Emerg; October 9, 1979, Reg; April  17, 2012, Susp.
......do
Do.Tulsa, City of, Wagoner County
405381
November 20, 1970, Emerg; August 13, 1971, Reg; April  17, 2012, Susp.
......do
Do.Wagoner, City of, Wagoner County
400219
January 14, 1976, Emerg; October 19, 1982, Reg; April  17, 2012, Susp.
......do
Do.Wagoner County, Unincorporated Areas
400215
July 15, 1981, Emerg; December 2, 1988, Reg; April  17, 2012, Susp.
......do
Do.Texas:Emory, Town of, Rains County
480977
September 13, 2002, Emerg; N/A, Reg; April  17, 2012, Susp.
......do
Do.Point, City of, Rains County
481156
September 21, 1981, Emerg; April 17, 1985, Reg; April  17, 2012, Susp.
......do
Do.Rains County, Unincorporated Areas
480975
January 15, 2003, Emerg; N/A, Reg; April  17, 2012, Susp.
......do
Do.**Region VIII**South Dakota:Deadwood, City of, Lawrence County
460045
November 26, 1974, Emerg; February 3, 1982, Reg; April  17, 2012, Susp.
......do
Do.Lawrence County, Unincorporated Areas
460094
April 30, 1974, Emerg; May 17, 1990, Reg; April  17, 2012, Susp.
......do
Do.Lead, City of, Lawrence County
460190
September 20, 1999, Emerg; N/A, Reg; April  17, 2012, Susp.
......do
Do.Spearfish, City of, Lawrence County
460046
October 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