Suspension of Community Eligibility, 59548-59549 [2019-24077]

Download as PDF 59548 Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 / Rules and Regulations G. Conclusion Overall, federal BHP payments are expected to decrease by $151 million from 2019 through 2020 as a result of the changes to the methodologies. The decrease in federal BHP payments is expected to be made up in increased state BHP expenditures, with a potential increase in beneficiary contributions and potential decreases in provider payment rates (including rates to standard health plans in the BHP) as a result of these changes. The analysis above, together with the remainder of this preamble, provides an RIA. In accordance with the provisions of Executive Order 12866, this document was reviewed by the Office of Management and Budget. Dated: October 28, 2019. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Dated: October 28, 2019. Alex M. Azar, Secretary, Department of Health and Human Services. [FR Doc. 2019–24064 Filed 11–1–19; 11:15 am] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2019–0003; Internal Agency Docket No. FEMA–8605] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: 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. Also, information identifying the current participation khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:18 Nov 04, 2019 Jkt 250001 status of a community can be obtained from FEMA’s Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-floodinsurance-program-community-statusbook. 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 Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212–3966. 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply. 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 E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 / Rules and Regulations 59549 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, Community no. State and location Region VIII Montana: Rosebud County, Unincorporated Areas 300069 Roundup, City of, Musselshell County .. 300050 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: ■ Effective date authorization/cancellation of sale of flood insurance in community Current effective map date April 9, 1997, Emerg; September 1, 1997, Reg; November 15, 2019, Susp March 12, 1975, Emerg; March 18, 1986, Reg; November 15, 2019, Susp November 15, 2019. ......do ............... Date certain Federal assistance no longer available in SFHAs November 15, 2019. Do. *......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: October 29, 2019. Eric Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration—FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2019–24077 Filed 11–4–19; 8:45 am] BILLING CODE 9111–12–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 102 RIN 0991–AC0 Annual Civil Monetary Penalties Inflation Adjustment Office of the Assistant Secretary for Financial Resources, Department of Health and Human Services. ACTION: Final rule. AGENCY: The Department of Health and Human Services is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and is making a technical change to correct an error in the regulation. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: This rule is effective November 5, 2019. FOR FURTHER INFORMATION CONTACT: David Dasher, Deputy Assistant Secretary, Office of Acquisitions, Office of the Assistant Secretary for Financial Resources, Room 536–H, Hubert Humphrey Building, 200 Independence DATES: VerDate Sep<11>2014 16:18 Nov 04, 2019 Jkt 250001 Avenue SW, Washington DC 20201; 202–205–0706. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114–74) (the ‘‘2015 Act’’) amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101–410, 104 Stat. 890 (1990)), which is intended to improve the effectiveness of civil monetary penalties (CMPs) and to maintain the deterrent effect of such penalties, requires agencies to adjust the civil monetary penalties for inflation annually. The Department of Health and Human Services (HHS) lists the civil monetary penalty authorities and the penalty amounts administered by all of its agencies in tabular form in 45 CFR 102.3, which was issued in an interim final rule published in the September 6, 2016 Federal Register (81 FR 61538). Annual adjustments were subsequently published on February 3, 2017 (82 FR 9175) and on October 11, 2018 (83 FR 51369). II. Calculation of Adjustment The annual inflation adjustment for each applicable civil monetary penalty is determined using the percent increase in the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October of the year in which the amount of each civil penalty was most recently established or modified. In the December 14, 2018, Office of Management and Budget (OMB) Memorandum for the Heads of Executive Agencies and Departments, M–19–04, Implementation of the PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, OMB published the multiplier for the required annual adjustment. The cost-of-living adjustment multiplier for 2019, based on the CPI–U for the month of October 2018, not seasonally adjusted, is 1.02522. The multiplier is applied to each applicable penalty amount that was updated and published for FY 2018 and is rounded to the nearest dollar. Using the 2019 multiplier, HHS adjusted all its applicable monetary penalties in 45 CFR 102.3. In addition to the adjustment, a technical error for an incorrect citation in the description of 21 U.S.C. 333(f)(3)(A) was identified and is corrected below. III. Statutory and Executive Order Reviews The 2015 Act requires federal agencies to publish annual penalty inflation adjustments notwithstanding section 553 of the Administrative Procedure Act (APA). Section 4(a) of the 2015 Act directs federal agencies to publish annual adjustments no later than January 15th of each year thereafter. In accordance with section 553 of the APA, most rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register. However, section 4(b)(2) of the 2015 Act provides that each agency shall make the annual inflation adjustments ‘‘notwithstanding section 553’’ of the APA. According to OMB’s Memorandum M–19–04, the phrase ‘‘notwithstanding section 553’’ in section 4(b)(2) of the 2015 Act means that ‘‘the public procedure the APA E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Pages 59548-59549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24077]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8605]


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. Also, information identifying 
the current participation status of a community can be obtained from 
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

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 Adrienne L. Sheldon, PE, CFM, Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.

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. FEMA has determined that the 
community suspension(s) included in this rule is a non-discretionary 
action and therefore the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) does not apply.
    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

[[Page 59549]]

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:

----------------------------------------------------------------------------------------------------------------
                                                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
----------------------------------------------------------------------------------------------------------------
          Region VIII
 
Montana:
    Rosebud County,                   300069  April 9, 1997,      November 15, 2019.....  November 15, 2019.
     Unincorporated Areas.                     Emerg; September
                                               1, 1997, Reg;
                                               November 15,
                                               2019, Susp
    Roundup, City of,                 300050  March 12, 1975,     ......do..............   Do.
     Musselshell County.                       Emerg; March 18,
                                               1986, Reg;
                                               November 15,
                                               2019, Susp
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 29, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration--FEMA Resilience, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2019-24077 Filed 11-4-19; 8:45 am]
 BILLING CODE 9111-12-P