252 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 

§ 2.31 (except paragraph (a)(6) of this 

section which is inconsistent with the 

revocation provisions of paragraph (c) of 

this section) and the requirements of 

paragraphs (b) and (c) of this section. 

■ 6. Amend § 2.53 by: 

■ a. Revising paragraphs (a) 

introductory text, (a)(1)(i) and (ii), (a)(2). 

■ b. Revising paragraphs (b) 

introductory text, (b)(2)(i) and (ii). 

■ c. Revising paragraph (c)(5). 

■ d. Revising paragraph (d). 

The revisions and addition read as 

follows: 

§ 2.53 Audit and evaluation. 

(a) Records not copied or removed. If 

patient records are not downloaded, 

copied or removed from the premises of 

a part 2 program or other lawful holder, 

or forwarded electronically to another 

electronic system or device, patient 

identifying information, as defined in 

§ 2.11, may be disclosed in the course of 

a review of records on the premises of 

a part 2 program or other lawful holder 

to any individual or entity who agrees 

in writing to comply with the 

limitations on re-disclosure and use in 

paragraph (d) of this section and who: 

(1) * * * 

(i) Any federal, state, or local 

governmental agency that provides 

financial assistance to a part 2 program 

or other lawful holder, or is authorized 

by law to regulate the activities of the 

part 2 program or other lawful holder; 

(ii) Any individual or entity which 

provides financial assistance to the part 

2 program or other lawful holder, which 

is a third-party payer covering patients 

in the part 2 program, or which is a 

quality improvement organization 

performing a utilization or quality 

control review, or such individual’s or 

entity’s or quality improvement 

organization’s contractors, 

subcontractors, or legal representatives. 

(2) Is determined by the part 2 

program or other lawful holder to be 

qualified to conduct an audit or 

evaluation of the part 2 program or other 

lawful holder. 

(b) Copying, removing, downloading, 

or forwarding patient records. Records 

containing patient identifying 

information, as defined in § 2.11, may 

be copied or removed from the premises 

of a part 2 program or other lawful 

holder or downloaded or forwarded to 

another electronic system or device 

from the part 2 program’s or other 

lawful holder’s electronic records by 

any individual or entity who: 

(2) * * * 

(i) Any federal, state, or local 

governmental agency that provides 

financial assistance to the part 2 

program or other lawful holder, or is 

authorized by law to regulate the 

activities of the part 2 program or other 

lawful holder; or 

(ii) Any individual or entity which 

provides financial assistance to the part 

2 program or other lawful holder, which 

is a third-party payer covering patients 

in the part 2 program, or which is a 

quality improvement organization 

performing a utilization or quality 

control review, or such individual’s or 

entity’s or quality improvement 

organization’s contractors, 

subcontractors, or legal representatives. 

* * * * * 

(c) * * * 

(5) If a disclosure to an individual or 

entity is authorized under this section 

for a Medicare, Medicaid, or CHIP audit 

or evaluation, including a civil 

investigation or administrative remedy, 

as those terms are used in paragraph 

(c)(2) of this section, the individual or 

entity may further disclose the patient 

identifying information that is received 

for such purposes to its contractor(s), 

subcontractor(s), or legal 

representative(s), to carry out the audit 

or evaluation, and a quality 

improvement organization which 

obtains such information under 

paragraph (a) or (b) of this section may 

disclose the information to that 

individual or entity (or, to such 

individual’s or entity’s contractors, 

subcontractors, or legal representatives, 

but only for the purposes of this 

section). 

* * * * * 

(d) Limitations on disclosure and use. 

Except as provided in paragraph (c) of 

this section, patient identifying 

information disclosed under this section 

may be disclosed only back to the part 

2 program or other lawful holder from 

which it was obtained and may be used 

only to carry out an audit or evaluation 

purpose or to investigate or prosecute 

criminal or other activities, as 

authorized by a court order entered 

under § 2.66. 

* * * * * 

Dated: December 19, 2017. 

Elinore F. McCance-Katz 

Assistant Secretary for Mental Health and 

Substance Use. 

Approved: December 20, 2017. 

Eric D. Hargan, 

Acting Secretary, Department of Health and 

Human Services. 

[FR Doc. 2017–28400 Filed 1–2–18; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2017–0002; Internal 

Agency Docket No. FEMA–8513] 

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 https:// 

www.fema.gov/national-floodinsurance-program-community-statusbook. 

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 Adrienne L. 

Sheldon, PE, CFM, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

212–3966. 

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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 253 

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. 

FEMA has determined that the 

community suspension(s) included in 

this rule is a non-discretionary action 

and therefore the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) does not apply. 

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, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities 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 

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 and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer 

available in 

SFHAs 

Region II 

New York: 

Amsterdam, City of, Montgomery County.360440 May 19, 1975, Emerg; July 16, 1984, Reg; 

January 19, 2018, Susp. 

January 19, 

2018.

January 19, 

2018. 

Amsterdam, Town of, Montgomery 

County.

360441 July 16, 1975, Emerg; December 1, 1987, 

Reg; January 19, 2018, Susp. 

......do* .............. Do. 

Canajoharie, Town of, Montgomery 

County.

360442 June 13, 1975, Emerg; January 6, 1983, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Canajoharie, Village of, Montgomery 

County.

360443 July 26, 1974, Emerg; November 3, 1982, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Florida, Town of, Montgomery County .. 360445 July 22, 1975, Emerg; December 1, 1987, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Fort Johnson, Village of, Montgomery 

County.

360447 July 22, 1975, Emerg; January 19, 1983, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Fultonville, Village of, Montgomery 

County.

360449 January 17, 1975, Emerg; October 15, 

1982, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Glen, Town of, Montgomery County. .... 361295 February 10, 1977, Emerg; February 19, 

1986, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Hagaman, Village of, Montgomery 

County.

360450 June 18, 1975, Emerg; March 18, 1986, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Minden, Town of, Montgomery County 360451 November 10, 1975, Emerg; January 19, 

1983, Reg; January 19, 2018, Susp. 

......do ............... Do. 


jstallworth on DSKBBY8HB2PROD with RULES
254 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer 

available in 

SFHAs 

Mohawk, Town of, Montgomery County 360452 July 18, 1975, Emerg; August 5, 1985, Reg; 

January 19, 2018, Susp. 

......do ............... Do. 

Palatine, Town of, Montgomery County 361413 March 8, 1977, Emerg; May 4, 1987, Reg; 

January 19, 2018, Susp. 

......do ............... Do. 

Root, Town of, Montgomery County ..... 360455 November 3, 1975, Emerg; April 1, 1988, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Saint Johnsville, Town of, Montgomery 

County.

360456 March 9, 1977, Emerg; March 16, 1983, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Saint Johnsville, Village of, Montgomery 

County.

360457 October 23, 1974, Emerg; February 19, 

1986, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Region IV 

Florida: Fanning Springs, City of, Gilchrist 

and Levy Counties.

120146 August 22, 1975, Emerg; September 5, 

1984, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Region VI 

Texas: 

Dayton Lakes, City of, Liberty County .. 481593 August 12, 1985, Emerg; November 15, 

1989, Reg; January 19, 2018, Susp. 

January 19, 

2018.

January 19, 

2018. 

Hardin, City of, Liberty County .............. 481270 June 1, 1976, Emerg; April 9, 1985, Reg; 

January 19, 2018, Susp. 

......do ............... Do. 

Kenefick, City of, Liberty County ........... 481523 N/A, Emerg; June 20, 2008, Reg; January 

19, 2018, Susp. 

......do ............... Do. 

Region X 

Oregon: 

Eagle Point, City of, Jackson County .... 410093 June 5, 1974, Emerg; September 30, 1980, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Jackson County, Unincorporated Areas 415589 December 31, 1970, Emerg; April 1, 1982, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

Shady Cove, City of, Jackson County .. 410099 August 23, 1974, Emerg; September 30, 

1980, Reg; January 19, 2018, Susp. 

......do ............... Do. 

Washington: Camas, City of, Clark County 530026 April 24, 1974, Emerg; February 18, 1981, 

Reg; January 19, 2018, Susp. 

......do ............... Do. 

* do = Ditto. 

Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension. 

Dated: December 21, 2017. 

Eric Letvin, 

Deputy Assistant Administrator for 

Mitigation, Federal Insurance and Mitigation 

Administration, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2017–28429 Filed 1–2–18; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90, WT Docket No. 10– 

208; DA 17–1218] 

Mobility Fund Phase II Challenge 

Process Handsets and Access 

Procedures for the Challenge Process 

Portal 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; requirements and 

procedures. 

SUMMARY: In this document, the Rural 

Broadband Auctions Task Force, with 

the Wireline Competition Bureau and 

the Wireless Telecommunications 

Bureau, provide further guidance on the 

handsets that mobile wireless providers 

in the Mobility Fund Phase II challenge 

process can designate for challengers to 

use when conducting speed tests in 

areas deemed presumptively ineligible 

for MF–II support. This document 

adopts procedures for challengers to 

request access to the Universal Service 

Administrative Company challenge 

process portal. 

DATES: Parties may submit the list of 

provider-approved handsets as part of 

their 4G LTE coverage data filings due 

by January 4, 2018, or they may elect to 

supplement those filings with the 

handset list by no later than thirty days 

following the publication of this 

document in the Federal Register. 

ADDRESSES: Submit responses to the 

MF–II 4G LTE data collections, 

including the list of provider-approved 

handsets, at www.fcc.gov/MF2-LTECollection. Submit waivers by email to 

mf2challengeprocess@fcc.gov or by hard 

copy to Margaret W. Wiener, Chief, 

Auctions and Spectrum Access 

Division, Wireless Telecommunications 

Bureau, FCC, 445 12th Street SW, Room 

6–C217, Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auction and Spectrum Access Division, 

Jonathan McCormack, at (202) 418– 

0660. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Public Notice (MF–II 

Challenge Process Handset Public 

Notice), WC Docket No. 10–90, WT 

Docket No. 10–208, DA 17–1218, 

adopted on December 20, 2017, and 

released on December 20, 2017. The 

complete text of the MF–II Challenge 

Process Handset Public Notice is 

available for public inspection and 

copying from 8:00 a.m. to 4:30 p.m. 

Eastern Time (ET) Monday through 

Thursday or from 8:00 a.m. to 11:30 a.m. 

ET on Fridays in the FCC Reference 

Information Center, 445 12th Street SW, 

Room CY–A257, Washington, DC 20554. 

The complete text is also available on 


jstallworth on DSKBBY8HB2PROD with RULES