2012-8391. Suspension of Community Eligibility

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, [phone].

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

• 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 York:
Barton, Town of, Tioga County	360832	September 2, 1975, Emerg; June 15, 1982, Reg; April  17, 2012, Susp.	April 17, 2012	April 17, 2012
Berkshire, 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.
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.
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.