51470 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations 

398–6222, email Hal.R.Pitts@uscg.mil. If 

you have questions on viewing the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates the Isabel S. 

Holmes Bridge, has requested a 

temporary deviation from the current 

operating regulations set out in 33 CFR 

117.829(a), to facilitate the annual 

Beach2Battleship Iron and Half-Iron 

Distance Triathlons. 

Under the normal operating schedule 

for the Isabel S. Holmes Bridge across 

the Northeast Cape Fear River, mile 1.0, 

at Wilmington, NC in 33 CFR 

117.829(a); the draw will be closed to 

pleasure craft from 6 a.m. to 6 p.m. 

every day except at 10 a.m. and 2 p.m. 

when the draw will open for all waiting 

vessels; the draw will open on signal for 

Government and commercial vessels at 

all times; the draw will open for all 

vessels on signal from 6 p.m. to 6 a.m. 

The bridge has a vertical clearance in 

the closed-to-navigation position of 40 

feet above mean high water. 

Under this temporary deviation, the 

bridge will be closed to navigation from 

9:30 a.m. to 6 p.m. on October 17, 2015. 

The Northeast Cape Fear River is used 

by a variety of vessels including small 

commercial fishing vessels, recreational 

vessels and tug and barge. The Coast 

Guard has carefully coordinated the 

restrictions with commercial and 

recreational waterway users. 

Vessels able to pass through the 

bridge in the closed position may do so 

at anytime. The bridge will be able to 

open for emergencies and there is no 

alternate route for vessels unable to pass 

through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessels 

can arrange their transits to minimize 

any impacts caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 19, 2015. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2015–20913 Filed 8–24–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0900] 

Safety Zone, Coast Guard Exercise 

Area, Hood Canal, Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone around vessels involved 

in Coast Guard training exercises in 

Hood Canal, WA from September 23, 

2015 through September 24, 2015, 

unless cancelled sooner by the Captain 

of the Port. This is necessary to ensure 

the safety of the maritime public and 

vessels participating in these exercises. 

During the enforcement period, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port or 

his Designated Representative. 

DATES: The regulations in 33 CFR 

165.1339 will be enforced from 12:01 

a.m. on September 23, 2015 through 

11:59 p.m. on September 24, 2015, 

unless cancelled sooner by the Captain 

of the Port. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email LT Kate Haseley, Sector Puget 

Sound Waterways Management 

Division, Coast Guard; telephone 206– 

217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

around vessels involved in Coast Guard 

training exercises in Hood Canal, WA 

set forth in 33 CFR 165.1339, from 12:01 

a.m. on September 23, 2015 through 

11:59 p.m. on September 24, 2015, 

unless cancelled sooner by the Captain 

of the Port. Under the provisions of 33 

CFR 165.1339, no person or vessel may 

enter or remain within 500 yards of any 

vessel involved in Coast Guard training 

exercises while such vessel is transiting 

Hood Canal, WA between Foul Weather 

Bluff and the entrance to Dabob Bay, 

unless authorized by the Captain of the 

Port or his Designated Representative. In 

addition, the regulation establishes 

requirements for all vessels to obtain 

permission for entry during the 

enforcement period by contacting the 

on-scene patrol commander on VHF 

channel 13 or 16, or the Sector Puget 

Sound Joint Harbor Operations Center at 

206–217–6001. Members of the 

maritime public will be able to identify 

participating vessels as those flying the 

Coast Guard Ensign. The COTP may also 

be assisted in the enforcement of the 

zone by other federal, state, or local 

agencies. 

This notice is issued under authority 

of 33 U.S.C. 165.1339 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

notification of this enforcement period 

via marine information broadcasts and 

on-scene assets. If the COTP determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: August 10, 2015. 

M.W. Raymond 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2015–21012 Filed 8–24–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0005; FRL–9932–40– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Klamath Falls, 

Oregon Nonattainment Area; Fine 

Particulate Matter Emissions Inventory 

and SIP Strengthening Measures 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the Oregon Department of 

Environmental Quality (ODEQ) on 

December 12, 2012 to address Clean Air 

Act (CAA) requirements for the Klamath 

Falls, Oregon nonattainment area for the 

2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 

standard (NAAQS). Specifically, the 

EPA is approving the emissions 

inventory contained in the ODEQ’s 

submittal as meeting the requirement to 

submit a comprehensive, accurate, and 

current inventory of direct PM2.5 and 

PM2.5 precursor emissions in Klamath 

Falls, Oregon. The EPA also is 

approving and incorporating by 

reference PM2.5 control measures 

contained in the December 12, 2012, 

submittal because incorporation of these 

measures will strengthen the Oregon SIP 

and are designed to reduce PM2.5

emissions in the Klamath Falls, Oregon 

nonattainment area (Klamath Falls 


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Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations 51471 

NAA) that contribute to violations of the 

2006 PM2.5 NAAQS. 

DATES: This final rule is effective on 

September 24, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2013–0005. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information the disclosure 

of which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Justin A. Spenillo at (206) 553–6125, 

spenillo.justin@epa.gov, or the above 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

Detailed information on the history of 

the PM2.5 NAAQS as it relates to the 

Klamath Falls NAA was included in the 

EPA’s proposal for this action (79 FR 

78372, December 30, 2014). The 

proposal explained how the ODEQ met 

its obligation under CAA section 

172(c)(3) for submission of a 

comprehensive, accurate, and current 

inventory of actual emissions as 

submitted in its December 12, 2012 SIP 

submittal. The proposal analyzed the 

SIP strengthening measures designed to 

reduce emissions in the Klamath Falls 

NAA that contribute to violations of the 

2006 PM2.5 NAAQS. The EPA proposed 

to approve both the baseline emissions 

inventory and SIP strengthening 

measures included the December 12, 

2012 SIP revision, consistent with 

sections 110 and 172 of the CAA. 

The comment period on our proposed 

approval ended January 29, 2015 and 

we did not receive any comments on the 

proposal. We are therefore finalizing our 

approval. The primary element of the 

Klamath County Clean Air Ordinance 

63.06 to help ensure attainment and 

maintenance of the NAAQS is the 

episodic curtailment program which 

restricts the use of woodstoves and 

fireplaces on days that are conducive to 

the buildup of PM2.5 concentrations. 

The curtailment program restricts the 

use of woodstoves and fireplaces as 

described in the proposed Federal 

Register notice for this action. 

In addition to the episodic 

curtailment program, the ordinance 

includes provisions that impose 

restrictions on what can be burned in 

woodstoves and fireplaces at any time. 

The ordinance requires that only 

seasoned wood, specifically dry, 

seasoned cordwood, pressed sawdust 

logs, organic charcoal or pellets 

specifically manufactured for the 

appliance, be burned in solid fuel-fired 

appliances. The rules and ordinance 

also specifically prohibit the burning of 

garbage and other named prohibited 

materials. These material restrictions 

control the PM2.5 emissions from 

woodstoves and fireplaces on a 

continuous basis, whereas the episodic 

curtailment program imposes additional 

restrictions on the use of woodstoves 

and fireplaces only when necessary to 

address the potential buildup of PM2.5

concentrations. 

As mentioned in the Federal Register 

notice for the proposed action, the 

ordinance prohibits emissions from 

solid fuel-fired appliances with an 

opacity greater than 20% for a period or 

periods aggregating more than three 

minutes in any one hour period. This 

provision provides a visual indicator for 

the proper operation of a solid fuel-fired 

appliance, including the use of properly 

seasoned wood. The opacity limit 

applies at all times except during the 

ten-minute startup period. However, 

during those times, the episodic 

curtailment program and other 

restrictions regulating fuel contained in 

the provisions described above continue 

to apply, as clarified in the June 17, 

2015 letter from David Collier (Air 

Quality Planning Manager, Oregon 

Department of Environmental Quality), 

available in the docket. 

Accordingly, this combination of 

provisions constitutes continuous 

emission limitations, consistent with 

Federal Clean Air Act requirements. 

Specifically, reliance on the episodic 

curtailment program and other 

provisions regulating fuel described 

above serves as an adequate alternative 

emission limit during the starting of 

fires in solid fuel-fired appliances, when 

use of the 20% opacity limits would be 

infeasible. Reliance on those 

requirements during startup periods is 

limited and specific to the operation of 

solid fuel-fired appliances, minimizes 

the frequency and duration of those 

periods, and minimizes the impact of 

emissions on ambient air quality during 

those periods, while the episodic 

curtailment program ensures that 

emission impacts are avoided during 

potential worst-case periods. While 

EPA’s guidance on alternative emission 

limits also specifies that the owner or 

operator’s actions during startup and 

shutdown periods be documented by 

properly signed, contemporaneous 

operating logs or other relevant 

evidence, we do not think it is 

reasonable to apply that element of the 

guidance in this case, because we 

conclude it would be an unreasonable 

burden to impose this recordkeeping 

requirement for individual home 

heating situations. See 80 FR 33840 

(June 12, 2015). [relevant discussion is 

on page 278–279 of the notice available 

at http://www.epa.gov/airquality/

urbanair/sipstatus/docs/20150522fr. 

pdf]. 

II. Final Action 

The EPA approves the emissions 

inventory for the Klamath Falls NAA, 

submitted by ODEQ on December 12, 

2012, as meeting the emissions 

inventory requirements of section 

172(c)(3) of the CAA for 2006 PM2.5 24- 

hr NAAQS nonattainment area 

planning. The EPA also approves and 

incorporates by reference into the 

Oregon SIP the specific control 

measures submitted by the ODEQ on 

December 12, 2012, to the extent set 

forth in this final rule. The EPA will 

take action on remaining aspects of the 

December 12, 2012 submittal by the 

ODEQ in a forthcoming proposal. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Oregon 

Administrative Rules and Klamath 

County ordinances described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 


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51472 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 26, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 4, 2015. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart MM—Oregon 

■ 2. In § 52.1970, paragraph (c): 

■ a. Table 2—EPA Approved Oregon 

Administrative Rules (OAR) is amended 

by: 

■ i. Revising the entries for 204–0010, 

225–0090, 240–0010, and 240–0030; 

■ ii. Adding a header titled ‘‘Klamath 

Falls Nonattainment Area’’ after the 

entry for 240–0440 and adding entries 

for 240–0500, 240–0510, 240–0520, 

240–0530, 240–0540, and 240–0550 in 

numerical order; 

■ iii. Adding a header titled ‘‘Real and 

Permanent PM2.5 and PM10 Offsets’’ after 

the entry for 240–0550 and adding an 

entry for 240–0560 in numerical order; 

■ iv. Revising the entries for 264–0040, 

264–0078, 264–0080, and 264–0100; 

and 

■ v. Adding in numerical order an entry 

for 264–0175. 

■ b. Table 3—EPA Approved City and 

County Ordinances is amended by: 

■ i. Removing the entry for Klamath 

County Clean Air Ordinance 63; and 

■ ii. Adding an entry for Klamath 

County Clean Air Ordinance No. 63.06 

at the end of the table. 

The revisions and additions read as 

follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

204–0010 ........ Definitions ...................................................... 12/11/2012 08/25/2015 [Insert Federal Register citation] 

* * * * * * * 

225–0090 ........ Requirements for Demonstrating a Net Air 

Quality Benefit.

12/11/2012 08/25/2015 [Insert Federal Register citation] Except 

(2)(a)(C). 


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Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations 51473 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR)—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

240–0010 ........ Purpose .......................................................... 12/11/2012 08/25/2015 [Insert Federal Register citation] 

* * * * * * * 

240–0030 ........ Definitions ...................................................... 12/11/2012 08/25/2015 [Insert Federal Register citation] 

* * * * * * * 

Klamath Falls Nonattainment Area 

240–0500 ........ Applicability .................................................... 12/11/2012 08/25/2015 [Insert Federal Register citation] 

240–0510 ........ Opacity Standard ........................................... 12/11/2012 08/25/2015 [Insert Federal Register citation] 

240–0520 ........ Control of Fugitive Emissions ........................ 12/11/2012 08/25/2015 [Insert Federal Register citation] 

240–0530 ........ Requirements for Operation and Maintenance Plans.12/11/2012 08/25/2015 [Insert Federal Register citation] 

240–0540 ........ Compliance Schedule for Existing Industrial 

Sources.

12/11/2012 08/25/2015 [Insert Federal Register citation] 

240–0550 ........ Requirements for New Sources When Using 

Residential Wood Fuel-Fired Device Offsets.

12/11/2012 08/25/2015 [Insert Federal Register citation] 

Real and Permanent PM2.5 and PM10 Offsets 

240–0560 ........ Real and Permanent PM2.5 and PM10 Offsets 12/11/2012 08/25/2015 [Insert Federal Register citation] 

* * * * * * * 

264–0040 ........ Exemptions, Statewide .................................. 12/11/2012 08/25/2015 [Insert Federal Register citation] 

* * * * * * * 

264–0078 ........ Open Burning Control Areas ......................... 12/11/2012 08/25/2015 [Insert Federal Register citation] 

264–0080 ........ County Listing of Specific Open Burning 

Rules.

12/11/2012 08/25/2015 [Insert Federal Register citation] 

*******

264–0100 ........ Baker, Clatsop, Crook, Curry, Deschutes, 

Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, 

Morrow, Sherman, Tillamook, Umatilla, 

Union, Wallowa, Wasco and Wheeler 

Counties.

12/11/2012 08/25/2015 [Insert Federal Register citation] 

*******

264–0175 ........ Klamath County ............................................. 12/11/2012 08/25/2015 [Insert Federal Register citation] 

*******

TABLE 3—EPA APPROVED CITY AND COUNTY ORDINANCES

Agency and 

ordinance Title or subject Date EPA approval date Explanation 

*******

Klamath County 

Ordinance 

63.06.

Chapter 406—Klamath County 

Clean Air Ordinance 63.06.

12/31/2012 08/25/2015 [Insert Federal Register citation].Except 406.300 and 406.400 

Klamath Falls PM2.5 Attainment 

Plan. 

* * * * * 

[FR Doc. 2015–20903 Filed 8–24–15; 8:45 am] 

BILLING CODE 6560–50–P 


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DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 414 

Payment for Part B Medical and Other 

Health Services 

CFR Correction 

■ In Title 42 of the Code of Federal 

Regulations, Parts 414 to 429, revised as 

of October 1, 2014, on page 21, in 

§ 414.60, correct paragraph (a)(1) to read 

as follows: 

§ 414.60 Payment for the services of 

CRNAs. 

(a) * * * 

(1) The allowance for an anesthesia 

service furnished by a medically 

directed CRNA is based on a fixed 

percentage of the allowance recognized 

for the anesthesia service personally 

performed by the physician alone, as 

specified in § 414.46(d)(3); and 

* * * * * 

[FR Doc. 2015–21003 Filed 8–24–15; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 476 

Quality Improvement Organization 

Review 

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Parts 430 to 481, revised as 

of October 1, 2014, on page 591, in 

§ 476.80, make the following changes: 

■ 1. In paragraphs (a)(1), (a)(2) 

introductory text (two places), (c)(3)(ii), 

(d)(1), and (d)(2), remove the phrase 

‘‘fiscal intermediary or carrier’’ and add 

the phrase ‘‘Medicare administrative 

contractor, fiscal intermediary, or 

carrier’’ in its place. 

■ 2. In the heading for paragraph (e), 

and in paragraphs (e)(1) and (e)(2), 

remove the phrase ‘‘fiscal intermediary’’ 

and add the phrase ‘‘Medicare 

administrative contractor or fiscal 

intermediary’’ in its place. 

[FR Doc. 2015–20993 Filed 8–24–15; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2015–0001; Internal 

Agency Docket No. FEMA–8395] 

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 http://

www.fema.gov/fema/csb.shtm. 

DATES: Effective 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 Bret Gates, Federal 

Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4133. 

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. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 


Lhorne on DSK5TPTVN1PROD with RULES