Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81887 

PART 495—STANDARDS FOR THE 

ELECTRONIC HEALTH RECORD 

TECHNOLOGY INCENTIVE PROGRAM 

■ 1. The authority citation continues to 

read as follows: 

Authority: Secs. 1102 and 1871 of the 

Social Security Act (42 U.S.C. 1302 and 

1395hh). 

■ 2. Section 495.6 is amended as 

follows: 

■ A. In paragraph (d)(14)(i), remove the 

parenthetical phrase ‘‘(for example, 

problem list, medication list, allergies, 

and diagnostic test results)’’ and add the 

parenthetical phrase ‘‘(for example, 

problem list, medication list, 

medication allergies, and diagnostic test 

results)’’ in its place. 

■ B. Add paragraph (e)(1)(iii) to read as 

follows: 

§ 495.6 Meaningful use objectives and 

measures for EPs, eligible hospitals, and 

CAHs. 

* * * * * 

(e) * * * 

(1) * * * 

(iii) Exclusion in accordance with 

paragraph (a)(2) of this section. Any EP 

who writes fewer than 100 prescriptions 

during the EHR reporting period. 

* * * * * 

§ 495.366 [Amended] 

■ 3. Amend § 495.366(b)(3) by removing 

the phrase ‘‘furnished in a hospital 

setting, either inpatient or outpatient.’’ 

and adding the phrase ‘‘furnished in a 

hospital inpatient or emergency room 

setting.’’ in its place. 

§ 495.368 [Amended] 

■ 4. Amend 495.368(c) by removing the 

phrase ‘‘60 days’’ and adding the phrase 

‘‘1 year’’ in its place. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: December 22, 2010. 

Dawn L. Smalls, 

Executive Secretary to the Department. 

[FR Doc. 2010–32861 Filed 12–28–10; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: 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 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: 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 

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 to read as follows: 


srobinson on DSKHWCL6B1PROD with RULES
81888 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

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. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: Madison 

(FEMA Docket No.: 

B–1124).

Unincorporated 

areas of Madison 

County (08–04– 

4212P).

March 26, 2010; April 2, 2010; 

Madison County Record.

The Honorable Mike Gillespie, Chairman, Madison County Commission, 

100 Northside Square, Huntsville, AL 

35801.

August 2, 2010 ............... 010151 

Arizona: Yavapai 

(FEMA Docket No.: 

B–1124).

Unincorporated 

areas of Yavapai 

County (09–09– 

0953P).

April 14, 2010; April 21, 2010; 

Prescott Daily Courier.

The Honorable Chip Davis, Chairman, 

Yavapai County Board of Supervisors, 

1015 Fair Street, Prescott, AZ 86305.

August 19, 2010 ............. 040093 

California: 

Sonoma (FEMA 

Docket No.: 

B–1124).

City of Healdsburg 

(09–09–2125P).

April 14, 2010; April 21, 2010; 

The Press Democrat.

The Honorable Jim Wood, Mayor, City 

of Healdsburg, 401 Grove Street, 

Healdsburg, CA 95448.

August 19, 2010 ............. 060378 

Sonoma (FEMA 

Docket No.: 

B–1124).

Unincorporated 

areas of Sonoma 

County (09–09– 

2125P).

April 14, 2010; April 21, 2010; 

The Press Democrat.

The Honorable Valerie Brown, Chair, 

Sonoma County Board of Supervisors, 

575 Administration Drive, Santa Rosa, 

CA 95403.

August 19, 2010 ............. 060375 

Colorado: Arapahoe 

(FEMA Docket No.: 

B–1124).

Unincorporated 

areas of 

Arapahoe County 

(10–08–0186P).

April 9, 2010; April 16, 2010; 

The Denver Post.

The Honorable Rod Bockenfeld, Chairman, Arapahoe County Board of Commissioners, 5334 South Prince Street, 

Littleton, CO 80166.

August 16, 2010 ............. 080011 

Florida: 

Monroe (FEMA 

Docket No.: 

B–1129).

Unincorporated 

areas of Monroe 

County (10–04– 

1955P).

April 30, 2010; May 7, 2010; 

Key West Citizen.

The Honorable Mario Digennaro, District 

4 Commissioner, 9400 Overseas 

Highway, Suite 210, Marathon, FL 

33050.

April 28, 2010 ................. 125129 

Monroe (FEMA 

Docket No.: 

B–1129).

Unincorporated 

areas of Monroe 

County (10–04– 

2350P).

April 30, 2010; May 7, 2010; 

Key West Citizen.

The Honorable Mario Digennaro, District 

4 Commissioner, 9400 Overseas 

Highway, Suite 210, Marathon, FL 

33050.

April 26, 2010 ................. 125129 

Osceola (FEMA 

Docket No.: 

B–1123).

City of St. Cloud 

(09–04–6066P).

March 25, 2010; April 1, 2010; 

Osceola News-Gazette.

The Honorable Donna Hart, Mayor, City 

of St. Cloud, 1300 9th Street, St. 

Cloud, FL 34769.

July 30, 2010 .................. 120191 

Polk (FEMA 

Docket No.: 

B–1123).

Unincorporated 

areas of Polk 

County (09–04– 

8238P).

March 31, 2010; April 7, 2010; 

Polk County Democrat.

The Honorable Bob English, Chairman, 

Polk County Board of Commissioners, 

P.O. Box 9005, Drawer BC01, Bartow, 

FL 33831.

August 5, 2010 ............... 120261 

Illinois: 

St. Clair (FEMA 

Docket No.: 

B–1124).

City of O’Fallon 

(07–05–2498P).

April 15, 2010; April 22, 2010; 

O’Fallon Progress.

The Honorable Gary L. Graham, Mayor, 

City of O’Fallon, 255 South Lincoln 

Avenue, O’Fallon, IL 62269.

August 19, 2010 ............. 170633 

St. Clair (FEMA 

Docket No.: 

B–1124).

Unincorporated 

areas of St. Clair 

County (07–05– 

2498P).

April 15, 2010; April 22, 2010; 

O’Fallon Progress.

The Honorable Mark Kern, Chairman, 

St. Clair County Board, 10 Public 

Square, 5th Floor, Belleville, IL 62220.

August 19, 2010 ............. 170616 

Will (FEMA 

Docket No.: 

B–1123).

Village of Mokena 

(09–05–4682P).

March 25, 2010; April 1, 2010; 

Mokena Messenger.

The Honorable Joseph W. Werner, 

Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448.

July 30, 2010 .................. 170705 

Will (FEMA 

Docket No.: 

B–1123).

Village of 

Romeoville (09– 

05–4629P).

March 25, 2010; April 1, 2010; 

The Herald News.

The Honorable John Noak, Mayor, Village of Romeoville, 13 Montrose 

Drive, Romeoville, IL 60446.

July 30, 2010 .................. 170711 

Will (FEMA 

Docket No.: 

B–1123).

Unincorporated 

areas of Will 

County (09–05– 

4629P).

March 25, 2010; April 1, 2010; 

The Herald News.

The Honorable Lawrence M. Walsh, 

Chairman, Will County Board of Supervisors, 302 North Chicago Street, 

Joliet, IL 60432.

July 30, 2010 .................. 170695 

Nevada: 

Washoe (FEMA 

Docket No.: 

B–1124).

City of Reno (09– 

09–3152P).

April 6, 2010; April 13, 2010; 

Reno Gazette-Journal.

The Honorable Robert Cashell, Mayor, 

City of Reno, P.O. Box 1900, Reno, 

NV 89505.

August 11, 2010 ............. 320020 

Washoe (FEMA 

Docket No.: 

B–1124).

Unincorporated 

areas of Washoe 

County.

April 6, 2010; April 13, 2010; 

Reno Gazette-Journal.

The Honorable David Humke, Chairman, 

Washoe County Board of Commissioners, P.O. Box 11130, Reno, NV 

89520.

August 11, 2010 ............. 320019 

North Carolina: 

Iredell (FEMA 

Docket No.: 

B–1124).

Town of Mooresville 

(09–04–7593P).

April 2, 2010; April 9, 2010; 

Mooresville Tribune and 

The Charlotte Observer.

The Honorable Bill Thunberg, Mayor, 

Town of Mooresville, P.O. Box 878, 

Mooresville, NC 28115.

August 9, 2010 ............... 370314 

Richmond 

(FEMA Docket 

No.: B–1124).

Unincorporated 

areas of Richmond County 

(09–04–8322P).

April 7, 2010; April 14, 2010; 

Richmond County Daily 

Journal.

Mr. Kenneth R. Robinette, Chairman, 

Richmond County Board of Commissioners, P.O. Box 504, Rockingham, 

NC 28380.

August 12, 2010 ............. 370348 

Stanly (FEMA 

Docket No.: 

B–1124).

Unincorporated 

areas of Stanly 

County (09–04– 

5837P).

March 25, 2010; April 1, 2010; 

Stanly News & Press.

Mr. Tony M. Dennis, Stanly County 

Chairman, 1000 North 1st Street, 

Suite 13–B, Albemarle, NC 28001.

July 30, 2010 .................. 370361 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 81889 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Oklahoma: Tulsa 

(FEMA Docket No.: 

B–1124).

City of Sand 

Springs (10–06– 

0758P).

April 14, 2010; April 21, 2010; 

Sand Springs Leader.

The Honorable Bob Walker, Mayor, City 

of Sand Springs, P.O. Box 338, Sand 

Springs, OK 74063.

March 31, 2010 .............. 400211 

Tennessee: Lincoln 

(FEMA Docket No.: 

B–1124).

Unincorporated 

areas of Lincoln 

County (08–04– 

4212P).

March 24, 2010; March 31, 

2010; The Elk Valley Times.

The Honorable Peggy G. Bevels, Mayor, 

Lincoln County, 112 Main Avenue 

South, Room 101, Fayetteville, TN 

37334.

August 2, 2010 ............... 470104 

Texas: 

Bexar (FEMA 

Docket No.: 

B–1123).

City of San Antonio 

(08–06–2113P).

March 31, 2010; April 7, 2010; 

Daily Commercial Recorder.

The Honorable Julian Castro, Mayor, 

City of San Antonio, P.O. Box 839966, 

San Antonio, TX 78283.

April 22, 2010 ................. 480045 

Bexar (FEMA 

Docket No.: 

B–1123).

City of San Antonio 

(09–06–2177P).

March 19, 2010; March 26, 

2010; Daily Commercial Recorder.

The Honorable Julian Castro, Mayor, 

City of San Antonio, P.O. Box 839966, 

San Antonio, TX 78283.

April 7, 2010 ................... 480045 

Utah: Weber (FEMA 

Docket No.: B– 

1123).

City of Ogden (09– 

08–0418P).

March 19, 2010; March 26, 

2010; Ogden Standard-Examiner.

The Honorable Matthew R. Godfrey, 

Mayor, City of Ogden, 2549 Washington Boulevard, Suite 910, Ogden, 

UT 84401.

July 26, 2010 .................. 490189 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–32707 Filed 12–28–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1157] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

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 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 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 

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. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim 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 

interim 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 interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim 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 to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 


srobinson on DSKHWCL6B1PROD with RULES