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