35584 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Rules and Regulations

in paragraph (a)(1)(i) for § 1003.105 to

make the references consistent with the

those provisions added in earlier final

rulemaking published on April 7, 2000

(65 FR 18434), which addressed OIG

CMP authority for unbundling hospital

outpatient services.

List of Subjects

42 CFR Part 1001

Administrative practice and

procedure, Fraud, Health facilities,

Health professions, Medicaid, Medicare.

42 CFR Part 1003

Administrative practice and

procedure, Fraud, Grant programs—

health, Health facilities, Health

professions, Maternal and child health,

Medicaid, Medicare, Penalties.

42 CFR Part 1005

Administrative practice and

procedure, Fraud, Penalties.

42 CFR Part 1006

Administrative practice and

procedure, Fraud, Investigations,

Penalties.

Accordingly, 42 CFR parts 1003 and

1005 are corrected by making the

following correcting amendments:

PART 1003—CIVIL MONEY

PENALTIES, ASSESSMENTS AND

EXCLUSIONS

1. The authority citation for part 1003

continues to read as follows:

Authority: 42 U.S.C. 1302, 1320–7, 1320a–

7a, 1320a–7e,1320b–10, 1395u(j), 1395u(k),

1395cc(g), 1395dd(d)(1), 1395mm, 1395nn(g),

1395ss(d), 1396b(m), 11131(c) and

11137(b)(2).

2. Section 1003.101 is amended by

republishing the introductory text, and

by revising the introductory paragraph

for the definition of the term Preventive

care to read as follows:

§ 1003.101 Definitions.

For purposes of this part:

* * * * *

Preventive care, for purposes of the

definition of the term Remuneration as

set forth in this section and the

preventive care exception to section

231(h) of HIPAA, means any service

that—

* * * * *

3. Section 1003.102 is amended by

republishing the introductory text of

paragraph (a) and by revising paragraph

(a)(6) to read as follows:

§ 1003.102 Basis for civil money penalties

and assessments.

(a) The OIG may impose a penalty and

assessment against any person whom it

determines in accordance with this part

has knowingly presented, or caused to

be presented, a claim which is for—

* * * * *

(6) An item or service that a person

knows or should know is medically

unnecessary, and which is part of a

pattern of such claims.

* * * * *

4. Section 1003.103 is amended by

revising the introductory text of

paragraph (a) to read as follows:

§ 1003.103 Amount of penalty.

(a) Except as provided in paragraphs

(b) through (k) of this section, the OIG

may impose a penalty of not more

than—

* * * * *

5. Section 1003.105 is amended by

revising paragraph (a)(1)(i) to read as

follows:

§ 1003.105 Exclusion from participation in

Medicare, Medicaid and all Federal health

care programs.

(a)(1) * * *

(i) Is subject to a penalty or

assessment under § 1003.102(a), (b)(1),

(b)(4), (b)(12), (b)(13) or (b)(15); or

* * * * *

PART 1005—APPEALS OF

EXCLUSIONS, CIVIL MONEY

PENALTIES AND ASSESSMENTS

1. The authority citation for part 1005

continues to read as follows:

Authority: 42 U.S.C. 405(a), 405(b), 1302,

1320a–7, 1320a–7a and 1320c–5.

2. Section 1005.7 is amended by

redesignating existing paragraph (e)(3)

as (e)(4) and by adding a new paragraph

(e)(3) to read as follows:

§ 1005.7 Discovery.

* * * * *

(e) * * *

(3) The ALJ may extend any of the

time frames set forth in paragraph (e)(1)

of this section.

Dated: May 26, 2000.

Michael Carelton,

Deputy Director for Information Resource

Management.

[FR Doc. 00–13994 Filed 6–2–00; 8:45 am]

BILLING CODE 4152–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7320]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1-percent-annual-chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) in effect

prior to this determination for each

listed community.

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

Associate Director for Mitigation

reconsider the changes. The modified

elevations may be changed during the

90-day period.

ADDRESSES: The modified base flood

elevations 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:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon 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.

Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Rules and Regulations 35585

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either 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 elevations, 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 base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because modified base

flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4105, and are required to

maintain community eligibility in the

NFIP. No regulatory flexibility analysis

has been prepared.

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 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

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

Dates and name of

newspaper where notice

was published

Chief executive officer of community Effective date of

modification

Community

No.

Arizona: Pima ...... Unincorporated

Areas.

January 20, 2000, January 27, 2000, The Arizona Daily Star.The Honorable Sharon Bronson,

Chairperson, Pima County Board

of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701.

November 2, 1999 ..... 060344

California: Orange City of Anaheim .. January 6, 2000, January 13, 2000, Anaheim

Bulletin.

The Honorable Tom Daly, Mayor,

City of Anaheim, P.O. Box 3222,

Anaheim, California 92803.

December 22, 1999 .. 060213

Colorado:

Arapahoe ...... Unincorporated

Areas.

February 3, 2000, February 10, 2000, The

Villager.

The Honorable Steve Ward, Chairman, Arapahoe County Board of

Commissioners, 5334 South

Prince Street, Littleton, Colorado

80166–0060.

January 6, 2000 ........ 080011

Larimer ......... City of Fort Collins.January 26, 2000, February 2, 2000, The

Coloradoan.

The Honorable Ray Martinez,

Mayor, City of Fort Collins, P.O.

Box 580, Fort Collins, Colorado

80522–0580.

December 22, 1999 .. 080102

El Paso ......... City of Colorado

Springs.

January 4, 2000, January 11, 2000, Gazette

Telegraph.

The Honorable Mary Lou

Makepeace, Mayor, City of Colorado Springs, P.O. Box 1575,

Colorado Springs, Colorado

80901–1575.

December 14, 1999 .. 080060

Jefferson ....... Unincorporated

Areas.

January 19, 2000, January 26, 2000, Columbine Community

Charter.

The Honorable Michelle Lawrence,

Chairperson, Jefferson County

Board of Commissioners, 100

Jefferson County Parkway, Suite

5550, Golden, Colorado 80419.

December 22, 1999 .. 080087

Larimer ......... Unincorporated

Areas.

January 26, 2000, February 2, 2000, The

Coloradoan.

The Honorable Cheryl Olson, Chairperson, Larimer County Board of

Commissioners, P.O. Box 1190,

Fort Collins, Colorado 80522–

1190.

December 22, 1999 .. 080101

Hawaii: Hawaii ..... Hawaii ................. February 2, 2000, February 9, 2000, West

Hawaii Today.

The Honorable Stephen K.

Yamashiro, Mayor, Hawaii County, 25 Aupuni Street, Room 202,

Hilo, Hawaii 96720–4252.

January 6, 2000 ........ 155166

Missouri:

35586 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Rules and Regulations

State and county Location

Dates and name of

newspaper where notice

was published

Chief executive officer of community Effective date of

modification

Community

No.

Butler ............ Unincorporated

Areas.

January 24, 2000, January 31, 2000, Daily

American Republic.

The Honorable Joe Humphrey,

Commissioner, Butler County,

Butler County Courthouse, Room

203, Poplar Bluff, Missouri 63901.

January 27, 2000 ...... 290044

St. Louis ....... City of Chesterfield.January 11, 2000, January 18, 2000, St. Louis

Countian.

The Honorable Nancy Greenwood,

Mayor, City of Chesterfield,

16052 Swingley Ridge Road,

Suite 100, Chesterfield, Missouri

63017.

April 17, 2000 ............ 290896

Butler ............ City of Poplar

Bluff.

January 24, 2000, January 31, 2000, Daily

American Republic.

The Honorable Reid Forrester,

Mayor, City of Poplar Bluff, City

Hall, 101 Oak Street, Poplar Bluff,

Missouri 63901.

December 27, 1999 .. 290047

Pemiscot ....... City of Steele ...... February 3, 2000, February 10, 2000, The

Steele Enterprise.

The Honorable Keith Samford,

Mayor, City of Steele, 115 South

Walnut Street, Steele, Missouri

63877.

December 20, 1999 .. 290279

St. Louis ....... City of Wildwood January 11, 2000, January 18, 2000, St. Louis

Countian.

The Honorable R. W. Marcantano,

Mayor, City of Wildwood, 16962

Manchester Road, Wildwood,

Missouri 63040.

April 17, 2000 ............ 290922

New Mexico:

Sandoval ...... Town of Bernalillo January 24, 2000, January 31, 2000, Albuquerque Journal.The Honorable Charles Aguilar,

Mayor, Town of Bernalillo, P.O.

Box 638, Bernalillo, New Mexico

87004.

December 14, 1999 ... 350056

Sandoval ...... City of Rio Rancho.January 24, 2000, January 31, 2000,

Albquerque Journal.

The Honorable John Jennings,

Mayor, City of Rio Rancho, P.O.

Box 15550, Rio Rancho, New

Mexico 87174.

December 14, 1999 .. 350146

Sandoval ...... Unincorporated

Areas.

January 24, 2000, January 31, 2000, Albuquerque Journal.Ms. Debbie Hays, County, Manager, Sandoval County, P.O. Box

40, Bernalillo, New Mexico 87004.

December 14, 1999 .. 350055

Texas:

Dallas ........... City of Dallas ...... December 28, 1999,

January 4, 2000, Dallas Morning News.

The Honorable Ron Kirk, Mayor,

City of Dallas, City Hall, 1500

Marilla Street, Dallas, Texas

75201.

December 2, 1999 .... 480171

Dallas ........... City of Dallas ...... January 5, 2000, January 12, 2000, Dallas

Morning News.

The Honorable Ron Kirk, Mayor,

City of Dallas, City Hall, 1500

Marilla, Dallas, Texas 75201.

December 15, 1999 .. 480171

Dallas ........... City of Dallas ...... January 17, 2000, January 24, 2000, Dallas

Morning News.

The Honorable Ron Kirk, Mayor,

City of Dallas, City Hall, 1500

Marilla, Dallas, Texas 75201.

December 20, 1999 .. 480171

Tarrant .......... City of Euless ..... January 24, 2000, January 31, 2000, Fort

Worth Star-Telegram.

The Honorable Mary Lib Saleh,

Mayor, City of Euless, 201 North

Ector Drive, Euless, Texas 76039.

December 22, 1999 .. 480593

Tarrant .......... City of Fort Worth January 24, 2000, January 31, 2000, Fort

Worth Star-Telegram.

The Honorable Kenneth Barr,

Mayor, City of Fort Worth, 1000

Throckmorton Street, Fort Worth,

Texas 76102.

December 22, 1999 .. 480596

Harris ............ Unincorporated

Areas.

December 28, 1999,

January 4, 2000,

Houston Chronicle.

The Honorable Robert Eckels, Harris County Judge, Harris County,

1001 Preston Street, Suite 911,

Houston, Texas 77002.

December 15, 1999 .. 480287

Harris ............ Unincorporated

Areas.

December 28, 1999,

January 4, 2000,

Houston Chronicle.

The Honorabale Robert Eckels,

Harris County Judge, 1001 Preston Street, Suite 911, Houston,

Texas 77002.

April 3, 2000 .............. 480287

Bexar ............ Town of Hollywood Park.January 5, 2000, January 12, 2000, San Antonio Express-News.The Honorable Gary Mercer, Mayor,

Town of Hollywood Park, Two

Mecca Drive, Hollywood Park,

Texas 78232.

April 11, 2000 ............ 480040

Midland ......... City of Midland .... January 4, 2000, January 11, 2000, Midland

Reporter-Telegram.

The Honorable Robert Burns,

Mayor, City of Midland, P.O. Box

1152, Midland, Texas 79702–

1152.

December 7, 1999 .... 480477

Bexar ............ City of San Antonio.February 4, 2000, February 11, 2000, San

Antonio Express-News.

The Honorable Howard W. Peak,

Mayor, City of San Antonio, P.O.

Box 839966, San Antonio, Texas

78282–3966.

May 11, 2000 ............ 480045

Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Rules and Regulations 35587

State and county Location

Dates and name of

newspaper where notice

was published

Chief executive officer of community Effective date of

modification

Community

No.

Bexar ............ City of San Antonio.January 5, 2000, January 12, 2000, San Antonio Express-News.The Honorable Howard W. Peak,

Mayor, City of San Antonio, P.O.

Box 839966, San Antonio, Texas

78283–3966.

April 11, 2000 ............ 480045

Bexar ............ City of Shavano

Park.

January 5, 2000, January 12, 2000, San Antonio Express-news.The Honorable Tommy Peyton,

Mayor, City of Shavano Park, 99

Saddletree Road, San Antonio,

Texas 78231.

April 11, 2000 ............ 480047

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: May 17, 2000.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 00–13999 Filed 6–2–00; 8:45 am]

BILLING CODE 6718–04–p

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1-percent-annualchance) flood elevations and modified

base flood elevations are made final for

the communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

each community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

EFFECTIVE DATE: The date of issuance of

the Flood Insurance Rate Map (FIRM)

showing base flood elevations and

modified base flood elevations for each

community. This date may be obtained

by contacting the office where the FIRM

is available for inspection as indicated

in the table below.

ADDRESSES: The final base flood

elevations 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:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes final determinations listed below

of base flood elevations and modified

base flood elevations for each

community listed. The proposed base

flood elevations and proposed modified

base flood elevations were published in

newspapers of local circulation and an

opportunity for the community or

individuals to appeal the proposed

determinations to or through the

community was provided for a period of

ninety (90) days. The proposed base

flood elevations and proposed modified

base flood elevations were also

published in the Federal Register.

This final rule is issued in accordance

with Section 110 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4104,

and 44 CFR Part 67.

FEMA has developed criteria for

floodplain management in floodprone

areas in accordance with 44 CFR Part

60.

Interested lessees and owners of real

property are encouraged to review the

proof Flood Insurance Study and FIRM

available at the address cited below for

each community.

The base flood elevations and

modified base flood elevations are made

final in the communities listed below.

Elevations at selected locations in each

community are shown.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this rule is exempt from

the requirements of the Regulatory

Flexibility Act because final or modified

base flood elevations are required by the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and are required to

establish and maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

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 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, Flood insurance, Reporting

and recordkeeping requirements.

Accordingly, 44 CFR Part 67 is

amended to read as follows:

PART 67—[AMENDED]

1. The authority citation for Part 67

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.

§ 67.11 [Amended]

2. The tables published under the

authority of § 67.11 are amended as

follows:

Source of flooding and location

# Depth in

feet above

ground.

* Elevation

in feet

(NGVD)

Arkansas

Perry County and

Incorporated Areas (FEMA

Docket No. 7302)

Cypress Creek:

Approximately 4,200 feet

downstream of Highway 9 *294

Approximately 2,000 feet upstream of Johnson Road ... *294

Haydou Branch:

At confluence with Cypress

Creek ................................. *294

Approximately 2,200 feet upstream of Adelle Road ...... *357