Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1883 

requirement under this part that hinders 

the design of, the offering of, or the 

enrollment in an employer-sponsored 

group prescription drug plan. 

* * * * * 

Subpart R—Payments to Sponsors of 

Retiree Prescription Drug Plans 

§ 423.882 [Amended] 

■ 4. In § 423.882, the definition of 

‘‘Actually paid’’ is amended by 

removing the phrase ‘‘manufacturer or 

pharmacy’’ and adding the term 

‘‘source’’ in its place. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: November 3, 2011. 

Donald M. Berwick, 

Administrator, Centers for Medicare and 

Medicaid Services. 

Approved: January 6, 2012 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2012–473 Filed 1–11–12; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0020; Internal 

Agency Docket No. FEMA–8093] 

Suspension of Community Eligibility 

for Repealing Its Floodplain 

Management Regulations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: FEMA is suspending one 

community because it repealed its 

floodplain management regulations 

under the National Flood Insurance 

Program (NFIP). If documentation is 

received from the community before the 

effective suspension date, indicating it 

has amended its floodplain management 

regulations in compliance with the NFIP 

requirements, FEMA will withdraw the 

suspension by publication in the 

Federal Register on a subsequent date. 

DATES: Effective Dates: The effective 

date of the community’s scheduled 

suspension is the date listed in the 

fourth column of the following table. 

FOR FURTHER INFORMATION CONTACT: 

David Stearrett, Mitigation Directorate, 

1800 South Bell Street Arlington, VA 

20598–3072, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The 

National Flood Insurance Program 

(NFIP) enables property owners to 

purchase flood insurance that is 

generally not otherwise available. In 

return, communities agree to adopt and 

implement local floodplain management 

regulations that contribute to protecting 

lives and reducing the risk of property 

damage from future flooding. Section 

1315 of the National Flood Insurance 

Act of 1968, as amended (42 U.S.C. 

4022), prohibits flood insurance 

coverage authorized under the National 

Flood Insurance Program (42 U.S.C. 

4001–4128) unless an appropriate 

public body adopts adequate floodplain 

management measures with effective 

administration and enforcement 

processes. 

The community listed in this notice 

no longer complies with the NFIP 

requirements set forth at 44 CFR part 59 

et seq. Under 44 CFR 59.24(d), 

communities will be suspended from 

the NFIP for repealing its floodplain 

management regulations. Accordingly, 

FEMA is suspending Graham County, 

North Carolina (‘‘the County’’) on the 

effective date in the fourth column of 

the table. As of that date, the purchase 

of new flood insurance policies or the 

renewal of existing flood insurance 

policies under the NFIP will no longer 

be available. 

FEMA will not suspend Graham 

County, however, if the community 

submits the documentation required 

under 44 CFR 59.24(d) to show that it 

has amended its floodplain management 

regulations to adopt the current effective 

Flood Insurance Study and Flood 

Insurance Rate Map dated April 19, 

2010. This documentation must be 

received by FEMA before the actual 

suspension date. If Graham County 

successfully demonstrates its 

compliance with NFIP regulations, 

FEMA will continue its eligibility for 

the sale of NFIP insurance. FEMA will 

then publish in the Federal Register a 

notice withdrawing the suspension of 

the community. In the interim, if you 

wish to determine whether FEMA has 

suspended the County on the 

suspension date, please contact the 

FEMA Region IV office at (770) 220– 

5414. Additional information may also 

be found at http://www.fema.gov/plan/ 

prevent/floodplain/nfipkeywords/ 

suspension.shtm. 

FEMA identified the special flood 

hazard areas (SFHAs) in this community 

by publishing a Flood Insurance Rate 

Map. The effective date of this map is 

indicated in the last column of the table. 

By law, no Federally regulated entity 

may provide financial assistance for 

acquisition or construction purposes for 

property located in a SFHA unless the 

community in which the property is 

located is participating in the NFIP (42 

U.S.C. 4106(a)). The prohibition against 

certain types of Federal disaster 

assistance also becomes effective for 

Graham County, North Carolina, on the 

date shown in the fourth column (42 

U.S.C. 4106(b)). 

The Administrator finds that notice 

and public comment procedure under 

5 U.S.C. 553(b) are impracticable and 

unnecessary because the community 

listed in this final rule has been 

adequately notified. The community 

received a letter dated August 3, 2011, 

and a subsequent Suspension Letter. 

FEMA addressed these notifications to 

the Chairman of the Graham County 

Board of Commissioners indicating that 

we will suspend the County unless the 

County takes the required corrective 

actions and remedial measures before 

the effective suspension date. Because 

we have made these notifications, 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. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The community listed no 

longer complies with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the community unless 

remedial action takes place. 

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 rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 


pmangrum on DSK3VPTVN1PROD with RULES
1884 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR Part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

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. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

State Location Community No. 

Date certain Federal 

assistance no longer 

available in special 

flood hazard area and 

the sale of flood 

insurance no longer 

available in the 

community 

Current effective map 

date 

Region IV 

North Carolina ................................... Graham, County of ........................... 370105 February 1, 2012 ....... April 19, 2010. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: January 4, 2012. 

David L. Miller, 

Associate Administrator, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. 2012–489 Filed 1–11–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002] 

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 (email) 

Luis.Rodriguez3@fema.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 as follows: 


pmangrum on DSK3VPTVN1PROD with RULES