Suspension of Community Eligibility for Repealing Its Floodplain Management Regulations, 1883-1884 [2012-489]
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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations
requirement under this part that hinders
the design of, the offering of, or the
enrollment in an employer-sponsored
group prescription drug plan.
*
*
*
*
*
Subpart R—Payments to Sponsors of
Retiree Prescription Drug Plans
§ 423.882
[Amended]
4. In § 423.882, the definition of
‘‘Actually paid’’ is amended by
removing the phrase ‘‘manufacturer or
pharmacy’’ and adding the term
‘‘source’’ in its place.
■
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: November 3, 2011.
Donald M. Berwick,
Administrator, Centers for Medicare and
Medicaid Services.
Approved: January 6, 2012
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–473 Filed 1–11–12; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0020; Internal
Agency Docket No. FEMA–8093]
Suspension of Community Eligibility
for Repealing Its Floodplain
Management Regulations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
FEMA is suspending one
community because it repealed its
floodplain management regulations
under the National Flood Insurance
Program (NFIP). If documentation is
received from the community before the
effective suspension date, indicating it
has amended its floodplain management
regulations in compliance with the NFIP
requirements, FEMA will withdraw the
suspension by publication in the
Federal Register on a subsequent date.
DATES: Effective Dates: The effective
date of the community’s scheduled
suspension is the date listed in the
fourth column of the following table.
FOR FURTHER INFORMATION CONTACT:
David Stearrett, Mitigation Directorate,
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:06 Jan 11, 2012
Jkt 226001
1800 South Bell Street Arlington, VA
20598–3072, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The
National Flood Insurance Program
(NFIP) enables property owners to
purchase flood insurance that is
generally not otherwise available. In
return, communities agree to adopt and
implement local floodplain management
regulations that contribute to protecting
lives and reducing the risk of property
damage from future flooding. Section
1315 of the National Flood Insurance
Act of 1968, as amended (42 U.S.C.
4022), prohibits flood insurance
coverage authorized under the National
Flood Insurance Program (42 U.S.C.
4001–4128) unless an appropriate
public body adopts adequate floodplain
management measures with effective
administration and enforcement
processes.
The community listed in this notice
no longer complies with the NFIP
requirements set forth at 44 CFR part 59
et seq. Under 44 CFR 59.24(d),
communities will be suspended from
the NFIP for repealing its floodplain
management regulations. Accordingly,
FEMA is suspending Graham County,
North Carolina (‘‘the County’’) on the
effective date in the fourth column of
the table. As of that date, the purchase
of new flood insurance policies or the
renewal of existing flood insurance
policies under the NFIP will no longer
be available.
FEMA will not suspend Graham
County, however, if the community
submits the documentation required
under 44 CFR 59.24(d) to show that it
has amended its floodplain management
regulations to adopt the current effective
Flood Insurance Study and Flood
Insurance Rate Map dated April 19,
2010. This documentation must be
received by FEMA before the actual
suspension date. If Graham County
successfully demonstrates its
compliance with NFIP regulations,
FEMA will continue its eligibility for
the sale of NFIP insurance. FEMA will
then publish in the Federal Register a
notice withdrawing the suspension of
the community. In the interim, if you
wish to determine whether FEMA has
suspended the County on the
suspension date, please contact the
FEMA Region IV office at (770) 220–
5414. Additional information may also
be found at https://www.fema.gov/plan/
prevent/floodplain/nfipkeywords/
suspension.shtm.
FEMA identified the special flood
hazard areas (SFHAs) in this community
by publishing a Flood Insurance Rate
Map. The effective date of this map is
indicated in the last column of the table.
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Fmt 4700
Sfmt 4700
1883
By law, no Federally regulated entity
may provide financial assistance for
acquisition or construction purposes for
property located in a SFHA unless the
community in which the property is
located is participating in the NFIP (42
U.S.C. 4106(a)). The prohibition against
certain types of Federal disaster
assistance also becomes effective for
Graham County, North Carolina, on the
date shown in the fourth column (42
U.S.C. 4106(b)).
The Administrator finds that notice
and public comment procedure under
5 U.S.C. 553(b) are impracticable and
unnecessary because the community
listed in this final rule has been
adequately notified. The community
received a letter dated August 3, 2011,
and a subsequent Suspension Letter.
FEMA addressed these notifications to
the Chairman of the Graham County
Board of Commissioners indicating that
we will suspend the County unless the
County takes the required corrective
actions and remedial measures before
the effective suspension date. Because
we have made these notifications, 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 community listed no
longer complies with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the community 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
E:\FR\FM\12JAR1.SGM
12JAR1
1884
Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
PART 64—[AMENDED]
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR Part 64 is
amended as follows:
■
1. The authority citation for part 64
continues to read as follows:
§ 64.6
Authority: 42 U.S.C. 4001 et seq.,
Reorganization Plan No. 3 of 1978, 3 CFR,
State
Location
Region IV
North Carolina ...................................
Graham, County of ...........................
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
Dated: January 4, 2012.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. 2012–489 Filed 1–11–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2011–0002]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:06 Jan 11, 2012
Jkt 226001
Community No.
370105
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified BFE
determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Date certain Federal
assistance no longer
available in special
flood hazard area and
the sale of flood
insurance no longer
available in the
community
Current effective map
date
February 1, 2012 .......
April 19, 2010.
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These modified BFEs are used to meet
the floodplain management
requirements of the NFIP and also are
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings. The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
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 final rule involves no policies that
have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended as follows:
E:\FR\FM\12JAR1.SGM
12JAR1
]]>Agencies
[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Rules and Regulations]
[Pages 1883-1884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-489]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0020; Internal Agency Docket No. FEMA-8093]
Suspension of Community Eligibility for Repealing Its Floodplain
Management Regulations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FEMA is suspending one community because it repealed its
floodplain management regulations under the National Flood Insurance
Program (NFIP). If documentation is received from the community before
the effective suspension date, indicating it has amended its floodplain
management regulations in compliance with the NFIP requirements, FEMA
will withdraw the suspension by publication in the Federal Register on
a subsequent date.
DATES: Effective Dates: The effective date of the community's scheduled
suspension is the date listed in the fourth column of the following
table.
FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation
Directorate, 1800 South Bell Street Arlington, VA 20598-3072, (202)
646-2953.
SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP)
enables property owners to purchase flood insurance that is generally
not otherwise available. In return, communities agree to adopt and
implement local floodplain management regulations that contribute to
protecting lives and reducing the risk of property damage from future
flooding. Section 1315 of the National Flood Insurance Act of 1968, as
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless
an appropriate public body adopts adequate floodplain management
measures with effective administration and enforcement processes.
The community listed in this notice no longer complies with the
NFIP requirements set forth at 44 CFR part 59 et seq. Under 44 CFR
59.24(d), communities will be suspended from the NFIP for repealing its
floodplain management regulations. Accordingly, FEMA is suspending
Graham County, North Carolina (``the County'') on the effective date in
the fourth column of the table. As of that date, the purchase of new
flood insurance policies or the renewal of existing flood insurance
policies under the NFIP will no longer be available.
FEMA will not suspend Graham County, however, if the community
submits the documentation required under 44 CFR 59.24(d) to show that
it has amended its floodplain management regulations to adopt the
current effective Flood Insurance Study and Flood Insurance Rate Map
dated April 19, 2010. This documentation must be received by FEMA
before the actual suspension date. If Graham County successfully
demonstrates its compliance with NFIP regulations, FEMA will continue
its eligibility for the sale of NFIP insurance. FEMA will then publish
in the Federal Register a notice withdrawing the suspension of the
community. In the interim, if you wish to determine whether FEMA has
suspended the County on the suspension date, please contact the FEMA
Region IV office at (770) 220-5414. Additional information may also be
found at https://www.fema.gov/plan/prevent/floodplain/nfipkeywords/suspension.shtm.
FEMA identified the special flood hazard areas (SFHAs) in this
community by publishing a Flood Insurance Rate Map. The effective date
of this map is indicated in the last column of the table. By law, no
Federally regulated entity may provide financial assistance for
acquisition or construction purposes for property located in a SFHA
unless the community in which the property is located is participating
in the NFIP (42 U.S.C. 4106(a)). The prohibition against certain types
of Federal disaster assistance also becomes effective for Graham
County, North Carolina, on the date shown in the fourth column (42
U.S.C. 4106(b)).
The Administrator finds that notice and public comment procedure
under 5 U.S.C. 553(b) are impracticable and unnecessary because the
community listed in this final rule has been adequately notified. The
community received a letter dated August 3, 2011, and a subsequent
Suspension Letter. FEMA addressed these notifications to the Chairman
of the Graham County Board of Commissioners indicating that we will
suspend the County unless the County takes the required corrective
actions and remedial measures before the effective suspension date.
Because we have made these notifications, 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 community listed no longer complies
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the community 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
[[Page 1884]]
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:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date certain Federal assistance no
longer available in special flood
State Location Community No. hazard area and the sale of flood Current effective map date
insurance no longer available in
the community
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region IV
North Carolina....................... Graham, County of...... 370105 February 1, 2012.................. April 19, 2010.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: January 4, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Federal Emergency Management Agency, Department of
Homeland Security.
[FR Doc. 2012-489 Filed 1-11-12; 8:45 am]
BILLING CODE 9110-12-P
