45124 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

the operator submitting the plan of the 

approval. Approval may be conditioned 

upon such terms as the Secretary deems 

necessary to carry out the purpose of 

§ 203 of the Act. 

(b) Where NIOSH has reason to 

believe that it will deny approval of a 

plan NIOSH will, prior to the denial, 

give notice in writing to the operator(s) 

of an opportunity to amend the plan. 

The notice must specify the ground(s) 

upon which approval is proposed to be 

denied. 

(c) If a plan is denied approval, 

NIOSH will advise the operator(s) in 

writing of the reasons for the denial. 

§ 37.102 Transfer of affected miner to less 

dusty area. 

(a) Any miner who, in the judgment 

of NIOSH, has evidence of the 

development of pneumoconiosis, must 

be afforded the option of transferring 

from his or her position to another 

position in an area of the mine where 

the concentration of respirable dust in 

the mine atmosphere is in compliance 

with the MSHA requirements in Part 90 

of title 30, Code of Federal Regulations. 

A classification of one or more of the 

miner’s chest radiographs as showing 

category 1 (1/0, 1/1, 1/2), category 2 (2/ 

1, 2/2, 2/3), or category 3 (3/2, 3/3, 3/ 

+) simple pneumoconioses, or 

complicated pneumoconiosis (ILO 

Classification) will be accepted as such 

evidence. NIOSH will, at its discretion, 

also accept other medical examinations 

provided to NIOSH for review, such as 

computed tomography scans of the 

chest or lung biopsies, as evidence of 

the development of pneumoconiosis. 

(b) Any transfer under this section 

shall be in accordance with the 

procedures specified in 30 CFR part 90. 

§ 37.103 Medical examination at miner’s 

expense. 

Any miner who wishes to obtain a 

medical examination at the miner’s own 

expense at an approved spirometry or 

radiography facility and to have the 

complete examination submitted to 

NIOSH may do so, provided that the 

examination is made no sooner than 6 

months after the most recent 

examination of the miner submitted to 

NIOSH. NIOSH will provide 

interpretation and radiographic 

classification and reporting of the 

results of examinations made at the 

miner’s expense in the same manner as 

if they were submitted under an 

operator’s plan. Any change in the 

miner’s transfer rights under the Act 

that may result from this examination 

will be subject to the terms of § 37.102. 

Dated: July 30, 2014. 

Sylvia M. Burwell, 

Secretary. 

[FR Doc. 2014–18336 Filed 8–1–14; 8:45 am] 

BILLING CODE 4162–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 447 

Payments for Services 

CFR Correction 

■ In Title 42 of the Code of Federal 

Regulations, Parts 430 to 481, revised as 

of October 1, 2013, on page 403, remove 

the undesignated center heading above 

§ 447.88. 

[FR Doc. 2014–18426 Filed 8–1–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2014–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs 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). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final 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 (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

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 BFEs and modified BFEs are 

made final in the communities listed 

below. Elevations at selected locations 

in each community are shown. 

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. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

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 as follows: 

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