Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82275 

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. 

Weld ................. Unincorporated 

areas of Weld 

County (09–08– 

0927P).

June 18, 2010; June 25, 2010; 

The Tribune.

The Honorable Douglas Rademacher, 

Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 

80632.

October 25, 2010 ........... 080266 

Florida: Bay ............. City of Panama City 

(10–04–2741P).

June 25, 2010; July 2, 2010; 

The News-Herald.

The Honorable Gayle Oberst, Mayor, City 

of Panama City Beach, 110 South Arnold Road, Panama City Beach, FL 

32413.

November 2, 2010 .......... 120013 

Nevada: 

Clark ................. Unincorporated 

areas of Clark 

County (09–09– 

2398P).

June 10, 2010; June 17, 2010; 

Las Vegas Review-Journal.

The Honorable Rory Reid, Chair, Clark 

County Board of Commissioners, 500 

South Grand Central Parkway, Las 

Vegas, NV 89106.

June 28, 2010 ................ 320003 

Clark ................. Unincorporated 

areas of Clark 

County (09–09– 

3102P).

June 10, 2010; June 17, 2010; 

Las Vegas Review-Journal.

The Honorable Rory Reid, Chair, Clark 

County Board of Commissioners, 500 

South Grand Central Parkway, Las 

Vegas, NV 89106.

October 15, 2010 ........... 320003 

Clark ................. Unincorporated 

areas of Clark 

County (10–09– 

1718P).

June 24, 2010; July 1, 2010; 

Las Vegas Review-Journal.

The Honorable Rory Reid, Chair, Clark 

County Board of Commissioners, 500 

South Grand Central Parkway, Las 

Vegas, NV 89106.

June 16, 2010 ................ 320003 

North Carolina: 

Currituck .................. Unincorporated 

areas of Currituck 

County (09–04– 

5228P).

May 21, 2010; May 28, 2010; 

The Daily Advance.

Mr. Daniel F Scanlon II, Currituck County 

Manager, 153 Courthouse Road, 

Currituck, NC 27929.

May 11, 2010 ................. 370078 

South Carolina: 

Richland ................... Unincorporated 

areas of Richland 

County (09–04– 

2521P).

May 28, 2010; June 4, 2010; 

The Columbia Star.

The Honorable Paul Livingston, Richland 

County Council Chairman, 2020 Hampton Street, 2nd Floor, Columbia, SC 

29202.

October 4, 2010 ............. 450170 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 3, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–32902 Filed 12–29–10; 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–1150] 

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 


srobinson on DSKHWCL6B1PROD with RULES
82276 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

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: 

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: Houston ... City of Dothan (10– 

04–5284P).

July 9, 2010; July 16, 2010; 

Dothan Eagle.

The Honorable Mike Schmitz, Mayor, City 

of Dothan, P.O. Box 2128, Dothan, AL 

36302.

November 15, 2010 ........ 010104 

Arizona: 

Navajo .............. City of Show Low 

(09–09–2789P).

July 9, 2010; July 16, 2010; 

White Mountain Independent.

The Honorable Rick Fernau, Mayor, City 

of Show Low, 550 North 9th Place, 

Show Low, AZ 85901.

June 28, 2010 ................ 040069 

Arizona: 

Yavapai ............ Unincorporated 

areas of Yavapai 

County (10–09– 

2672P).

July 9, 2010; July 16, 2010; 

The Daily Courier.

Mr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair 

Street, Prescott, AZ 86305.

November 15, 2010 ........ 040093 

California: 

Merced ............. City of Merced (10– 

09–0548P).

July 9, 2010; July 16, 2010; 

Merced Sun-Star.

The Honorable Bill Spriggs, Mayor, City of 

Merced, 678 West 18th Street, Merced, 

CA 95340.

November 15, 2010 ........ 060191 

Sacramento ...... City of Sacramento 

(10–09–0525P).

July 9, 2010; July 16, 2010; 

The Sacramento Bee.

The Honorable Kevin Johnson, Mayor, 

City of Sacramento, 915 I Street, 5th 

Floor, Sacramento, CA 95814.

November 15, 2010 ........ 060266 

San Bernardino City of Colton (09– 

09–2788P).

July 9, 2010; July 16, 2010; 

San Bernardino Bulletin.

The Honorable Kelly J. Chastain, Mayor, 

City of Colton, 650 North La Cadena 

Drive, Colton, CA 92324.

November 15, 2010 ........ 060273 

San Bernardino City of San 

Bernardino (09– 

09–2788P).

July 9, 2010; July 16, 2010; 

San Bernardino Bulletin.

The Honorable Patrick J. Morris, Mayor, 

City of San Bernardino, 300 North D 

Street, San Bernardino, CA 92418.

November 15, 2010 ........ 060281 

Santa Barbara .. Unincorporated 

areas of Santa 

Barbara County 

(10–09–1185P).

July 9, 2010; July 16, 2010; 

Santa Barbara News-Press.

The Honorable Janet Wolf, Chair, Santa 

Barbara County Board of Supervisors, 

105 East Anapamu Street, Santa Barbara, CA 93101.

June 29, 2010 ................ 060331 

Santa Clara ...... Unincorporated 

areas of Santa 

Clara County (09– 

09–2556P).

June 30, 2010; July 7, 2010; 

Santa Clara Weekly.

The Honorable Ken Yeager, Chairperson, 

Santa Clara County Board of Supervisors, 70 West Hedding Street, 10th 

Floor, San Jose, CA 95110.

June 23, 2010 ................ 060337 

Ventura ............. City of Simi Valley 

(10–09–2783P).

July 9, 2010; July 16, 2010; 

The Ventura County Star.

The Honorable Paul Miller, Mayor, City of 

Simi Valley, 2929 Tapo Canyon Road, 

Simi Valley, CA 93063.

November 15, 2010 ........ 060421 

Florida: 

Miami-Dade ...... City of Sunny Isles 

Beach (10–04– 

4666P).

July 9, 2010; July 16, 2010; 

Miami Daily Business Review.

The Honorable Norman S. Edlecup, 

Mayor, City of Sunny Isles Beach, 

18070 Collins Avenue, Sunny Isles 

Beach, FL 33160.

June 30, 2010 ................ 120688 

Orange ............. City of Orlando (10– 

04–0789P).

May 20, 2010; May 27, 2010; 

Orlando Weekly.

The Honorable Buddy Dyer, Mayor, City 

or Orlando, P.O. Box 4990, Orlando, 

FL 32802.

September 24, 2010 ....... 120186 

Polk .................. City of Winter Haven 

(10–04–1058P).

June 4, 2010; June 11, 2010; 

News Chief.

The Honorable Jeff Potter, Mayor, City of 

Winter Haven, 451 3rd Street Northwest, Winter Haven, FL 33881.

October 12, 2010 ........... 120271 

Sumter .............. Unincorporated 

areas of Sumter 

County (10–04– 

1900P).

July 22, 2010; July 29, 2010; 

Sumter County Times.

Mr. Doug Gilpin, Chairman, Sumter County Board of Commissioners, 910 North 

Main Street, Bushnell, FL 33513.

November 26, 2010 ........ 120296 

Nevada: Clark .......... City of Las Vegas 

(10–09–1223P).

July 1, 2010; July 8, 2010; Las 

Vegas Review-Journal.

The Honorable Oscar B. Goodman, 

Mayor, City of Las Vegas, City Hall, 

10th Floor, 400 Stewart Avenue, Las 

Vegas, NV 89101.

June 22, 2010 ................ 325276 

New York: Niagara .. Town of Cambria 

(07–02–0919P).

October 18, 2007; October 25, 

2007; The Niagara Gazette.

The Honorable Wright H. Ellis, Cambria 

Town Board Supervisor, 4160 Upper 

Mountain Road, Sanborn, NY 14132.

January 24, 2008 ........... 360499 

North Carolina: 

Catawba ........... City of Conover (10– 

04–2641P).

July 7, 2010; July 14, 2010; 

The Observer News-Enterprise.

The Honorable Lee E. Moritz, Jr., Mayor, 

City of Conover, P.O. Box 549, 

Conover, NC 28613.

July 30, 2010 .................. 370053 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82277 

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. 

Catawba ........... City of Newton (10– 

04–2641P).

July 7, 2010; July 14, 2010; 

The Observer News-Enterprise.

The Honorable Robert A. Mullinax, 

Mayor, City of Newton, 401 North Main 

Avenue, Newton, NC 28658.

July 30, 2010 .................. 370057 

Tennessee: 

Knox ................. Unincorporated 

areas of Knox 

County (10–04– 

1555P).

July 9, 2010; July 16, 2010; 

Knoxville News-Sentinel.

The Honorable Mike Ragsdale, Knox 

County Mayor, 400 Main Street, Suite 

615, Knoxville, TN 37902.

June 30, 2010 ................ 475433 

Shelby .............. Town of Collierville 

(10–04–1188P).

June 24, 2010; July 1, 2010; 

The Collierville Herald.

The Honorable Stan Joyner, Mayor, Town 

of Collierville, 500 Poplar View Parkway, Collierville, TN 38017.

June 17, 2010 ................ 470263 

Utah: Washington .... City of Washington 

(10–08–0519P).

July 9, 2010; July 16, 2010; 

The Spectrum.

The Honorable Kenneth Neilson, Mayor, 

City of Washington, 111 North 100 

East, Washington, UT 84780.

November 15, 2010 ........ 490182 

Wisconsin: Dane ..... City of Madison (10– 

05–3876P).

July 9, 2010; July 16, 2010; 

Wisconsin State Journal.

The Honorable Dave Cieslewicz, Mayor, 

City of Madison, 210 Martin Luther 

King, Jr. Boulevard, City-County Building, Room 403, Madison, WI 53703.

July 30, 2010 .................. 550083 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: December 3, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–32903 Filed 12–29–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 158 

[Docket No. HHS–OS–2010–0026] 

RIN 0950–AA06 

Health Insurance Issuers Implementing 

Medical Loss Ratio (MLR) 

Requirements Under the Patient 

Protection and Affordable Care Act; 

Corrections to the Medical Loss Ratio 

Interim Final Rule With Request for 

Comments 

AGENCY: Office of Consumer Information 

and Insurance Oversight (OCIIO), HHS. 

ACTION: Correction of interim final rule 

with request for comments. 

SUMMARY: This document corrects 

technical errors that appeared in the 

interim final rule with request for 

comments that appeared in the 

December 1, 2010 Federal Register (FR 

Doc 2010–29596 (75 FR 74864)) entitled 

‘‘Health Insurance Issuers Implementing 

Medical Loss Ratio (MLR) Requirements 

Under the Patient Protection and 

Affordable Care Act.’’ 

DATES: Effective Date: January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Carol Jimenez, (301) 492–4457. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the interim final rule with request 

for comments that appeared in the 

December 1, 2010 Federal Register (FR 

Doc 2010–29596 (75 FR 74864)), there 

were technical and typographical errors 

that are identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction notice are 

effective as if they had been included in 

the December 1, 2010 interim final rule 

with request for comments entitled 

‘‘Health Insurance Issuers Implementing 

Medical Loss Ratio (MLR) Requirements 

under the Patient Protection and 

Affordable Care Act.’’ 

Accordingly, the corrections are 

effective January 1, 2011. 

II. Summary of Errors 

In the regulation text and preamble 

sections regarding the scope of the 

regulation, on pages 74921 and 74867, 

respectively, we are correcting a 

typographical error by replacing the 

Public Health Service Act section 

reference from ‘‘2718(b)(A)(ii)’’ to 

‘‘2718(b)(1)(A)(ii)’’. 

In the regulation text section 

regarding exceptions to the general 

aggregate reporting requirements 

(§ 158.120(d)) we are making two 

changes. On page 74922 

(§ 158.120(d)(1)), we are replacing the 

words ‘‘State that has jurisdiction over’’ 

the certificate of coverage, which was 

inadvertently used, with ‘‘issue State of’’ 

the certificate of coverage. The correct 

phrase was inadvertently deleted and 

should be corrected. 

On page 74923 (§ 158.120(d)(4)), we 

are inserting the words ‘‘non-U.S.’’ 

before ‘‘citizens working in their home 

country.’’ The words ‘‘non-U.S.’’ were 

inadvertently omitted and are necessary 

to make clear that this exception does 

not apply to U.S. citizens working in 

their home country. We have corrected 

the preamble section on page 74871 as 

well to reflect this revision to the text. 

On page 74923 (§ 158.140(a)(1)), 

regarding group conversion charges, we 

are adding a sentence that we 

inadvertently omitted. The sentence 

clarifies paragraph(a)(1) with respect to 

an issuer that transfers portions of 

earned premium associated with group 

conversion privileges between group 

and individual lines of business in its 

Annual Statement accounting. 

Also on page 74923, we are deleting 

a phrase from §§ 158.140(a)(2) and (3), 

regarding reimbursement for clinical 

services provided to enrollees. The 

preamble makes clear we intended to 

adopt the NAIC model regulation 

language, which does not include this 

phrase. The phrase had appeared in an 

earlier draft of the NAIC model 

regulation, and was correctly deleted 

from part of the interim final rule, but 

was inadvertently retained in 

subparagraphs (a)(2) and (3). Because 

the preamble makes clear that we 

intended to adopt the NAIC model 

regulation language, and the 

inconsistency between § 158.140(a)(1) 

and §§ 158.140(a)(2)and(3) creates an 

ambiguity that may cause confusion, we 

believe it should be corrected. 

On page 74923, in two subsections 

regarding adjustments to incurred 

claims (§§ 158.140(b)(2) and (4))we are 

also replacing the words ‘‘may’’ and 

‘‘can’’ with the word ‘‘must’’ to indicate 

that such adjustments are mandatory. 

This misuse of ‘‘may’’ and ‘‘can’’ was 

inadvertent and should be corrected. 

We correct an inadvertent omission in 

§ 158.140(b)(5)(i) on page 74924, 

regarding the choice by affiliated issuers 

who offer blended rates to choose 

whether to make an adjustment to each 

affiliate’s incurred claims and activities 

to improve health care quality to reflect 

the experience of the issuer with respect 

to the employer as a whole. We 


srobinson on DSKHWCL6B1PROD with RULES