57786 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

II. Waiver of Proposed Rulemaking and 

Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive the notice and comment 

procedures if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the rule. We can also waive the 30-day 

delay in effective date under the APA (5 

U.S.C. 553(d)) when there is good cause 

to do so and we publish in the rule an 

explanation of our good cause. 

Our policy on reclassification of a 

campus of a multicampus hospital in 

the FY 2006 final rule has previously 

been subjected to notice and comment 

procedures. These corrections are 

consistent with the discussion of this 

policy in the FY2006 final rule and do 

not make substantive changes to this 

policy. This correcting amendment 

merely corrects technical errors in the 

regulations text of the FY 2006 final 

rule. As a result, this correcting 

amendment is intended to ensure that 

the FY 2006 final rule accurately reflects 

the policy adopted in the final rule. 

Therefore, we find that undertaking 

further notice and comment procedures 

to incorporate these corrections into the 

final rule is unnecessary and contrary to 

the public interest. 

For the same reasons, we are also 

waiving the 30-day delay in effective 

date for this correcting amendment. We 

believe that it is in the public interest 

to ensure that the FY 2006 final rule 

accurately states our policy on 

reclassification of a campus of a 

multicampus hospital. Thus delaying 

the effective date of these corrections 

would be contrary to the public interest. 

Therefore, we also find good cause to 

waive the 30-day delay in effective date. 

III. Correction of Regulation Text 

Errors 

Given the errors summarized in 

section I of this correcting amendment, 

we are making the following correcting 

amendments to 42 CFR Part 412: 

PART 412—PROSPECTIVE PAYMENT 

SYSTEMS FOR INPATIENT HOSPITAL 

SERVICES 

■ Section 412.230 is amended by 

revising paragraph (d)(2)(iii) to read as 

follows: 

§ 412.230 Criteria for an individual hospital 

seeking redesignation to another rural area 

or an urban area. 

* * * * * 

(d) 

(2) * * * 

(iii) For applications submitted for 

reclassifications effective in FYs 2006 

through 2008, a campus of a 

multicampus hospital may seek 

reclassification only to a CBSA in which 

another campus(es) is located. If the 

campus is seeking reclassification to a 

CBSA in which another campus(es) is 

located, as part of its reclassification 

request, the requesting entity must 

submit the composite wage data for the 

entire multicampus hospital as its 

hospital-specific data. 

* * * * * 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 29, 2005. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 05–19924 Filed 9–30–05; 11:06 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–P–7646] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Map(s) in effect prior to 

this determination for the listed 

communities. 

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 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

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: 

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or 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. 

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 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 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. 

The changes in BFEs 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 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57787 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate 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. 

Arkansas: 

Lonoke, Case 

No.: 04–06–

2140P.

City of Cabot ..... July 20, 2005; July 27, 

2005; Cabot Star-Herald.

The Hon. Mickey Staumbaugh, 

Mayor, City of Cabot, Post Office Box 1113, Cabot, Arkansas 

72076.

October 25, 2005 ...... 050309 

Illinois: Will, Case 

No.: 04–05–

4087P.

City of Lockport July 6, 2005; July 13, 

2005; The Herald News.

The Honorable Tim Murphy, 

Mayor, City of Lockport, 222 

East 9th Street, Lockport, Illinois 

60441.

June 21, 2005 ........... 170703 

Illinois: Cook, 

Case No.: 04–

05–3545P.

Village of 

Matteson.

August 4, 2005; August 

11, 2005; The Daily 

Southtown.

The Honorable Mark Stricker, 

President, Village of Matteson, 

4900 Village Commons, 

Matteson, Illinois 60443.

July 22, 2005 ............. 170123 

Illinois: Cook, 

Case No.: 04–

05–2894P.

Village of Orland 

Park.

June 23, 2005; June 30, 

2005; The Orland Park 

Star.

The Honorable Daniel McLaughlin, 

Mayor, Village of Orland Park, 

14700 Ravinia Avenue, Orland 

Park, Illinois 60462.

September 29, 2005 170140 

Illinois: Cook, 

Case No.: 04–

05–2894P.

Village of Tinley 

Park.

June 23, 2005; June 20, 

2005; The Tinley Park 

Star.

The Honorable Edward J. 

Zabrocki, Mayor, Village of 

Tinley Park, 16250 South Oak 

Park Avenue, Tinley Park, Illinois 60477.

September 29, 2005 170169 

Kansas: Sedgwick, Case No.: 

04–07–526P.

City of Wichita ... June 23, 2005; June 30, 

2005; The Wichita 

Eagle.

The Honorable Carlos Mayans, 

Mayor, City of Wichita, City 

Hall—1st Floor 455 North Main, 

Wichita, Kansas 67202.

September 29, 2005 200328 

New Mexico: 

Bernalillo, Case 

No.: 04–06–

1742P.

City of Albuquerque.July 7, 2005; July 14, 

2005; Albuquerque 

Journal.

The Honorable Martin Chavez, 

Mayor, City of Albuquerque, 

City/County Building, 11th Floor, 

Albuquerque, New Mexico 

87102.

October 13, 2005 ...... 350002 

New Mexico: 

Bernalillo, Case 

No.: 04–06–

1742P.

Unincorporated 

Areas.

July 7, 2005; July 14, 

2005; Albuquerque 

Journal.

The Honorable Tom Rutherford, 

Chairman, Bernalillo County, 

One Civic Plaza NW., Albuquerque, New Mexico 87102.

October 13, 2005 ...... 350001 

Oklahoma: Tulsa, 

Case No.: 04–

06–1611P.

City of Broken 

Arrow.

July 7, 2005; July 14, 

2005; Broken Arrow 

Ledger.

The Honorable Richard Carter, 

Mayor, City of Broken Arrow, 

220 South First Street, Broken 

Arrow, Oklahoma 74103.

October 13, 2005 ...... 400236 

Oklahoma: Tulsa, 

Case No.: 04–

06–1461P.

City of Broken 

Arrow.

July 7, 2005; July 14, 

2005; Broken Arrow 

Ledger.

The Honorable Richard Carter, 

Mayor, City of Broken Arrow, 

220 South First Street, Broken 

Arrow, Oklahoma 74103.

October 13, 2005 ...... 400236 

Texas: Bexar, 

Case No.: 04–

06–1194P.

City of San Antonio.August 10, 2005; August 

17, 2005; San Antonio 

Express News.

The Honorable Phil Hardberger, 

Mayor, City of San Antonio, 

Post Office Box 839966, San 

Antonio, Texas 78283–3966.

August 2, 2005 .......... 480045 

Texas: Bexar, 

Comal and 

Kendall, Case 

No.: 04–06–

395P.

City of Fair Oaks 

Ranch.

July 22, 2005; July 29, 

2005; The Boerne Star 

Hill Recorder.

The Honorable E. L. Gaubatz, 

Mayor, City of Fair Oaks Ranch, 

7286 Deitz Elkhorn, Fair Oaks 

Ranch, Texas 78015.

July 5, 2005 ............... 481644 

57788 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / 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. 

Texas: Collin 

County, Case 

No.: 04–06–

1201P.

City of Frisco ..... July 22, 2005; July 29, 

2005; The Frisco Enterprise.

The Honorable Mike Simpson, 

Mayor, City of Frisco, City Hall 

6891 Main Street, Frisco, Texas 

75034.

October 28, 2005 ...... 480134 

Wisconsin: Milwaukee, Case 

No.: 04–05–

3539P.

City of Glendale August 4, 2005; August 

11, 2005; The North 

Shore Herald.

The Honorable R. Jay Hintze, 

Mayor, City of Glendale, 6936 

North Braeburn Lane, Glendale, 

Wisconsin 53209.

November 11, 2005 .. 550275 

Wisconsin: Milwaukee and 

Washington, 

Case No.: 04–

05–3539P.

City of Milwaukee.August 5, 2005; August 

12, 2005; The Milwaukee Courier.

The Honorable Tom Barrett, 

Mayor, City of Milwaukee, 200 

E. Wells Street, Room 201, Milwaukee, Wisconsin 53202.

November 11, 2005 .. 550278 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: September 26, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–19817 Filed 10–3–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified elevations will 

be used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

EFFECTIVE DATES: The effective dates for 

these modified BFEs are indicated on 

the table below 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: 

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

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 Mitigation Division 

Director of the Emergency Preparedness 

and Response Directorate has resolved 

any appeals resulting from this 

notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this rule includes the address 

of the Chief Executive Officer of the 

community where the modified BFE 

determinations are available for 

inspection. 

The modifications 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 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 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 are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

The changes in BFEs 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 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate 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 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 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements.