Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations 46809 

analysis when the agency issues a 

regulation that has significant impact on 

a substantial number of small entities. 

This final rule does not have an annual 

effect on the economy of $100 million 

or more. According to an independent 

government cost estimate, the annual 

cost for both of these provisions will be 

less than $30 million. 

This rule, however, does address a 

novel policy issue relating to waiving 

the deductibles for one category of 

family member beneficiaries and not 

others, as well as allowing providers 

who treat this same group of 

beneficiaries to receive reimbursement 

at a higher rate than providers who treat 

similar beneficiaries. Thus this rule has 

been reviewed by the Office of 

Management and Budget under E.O. 

12866. 

This rule will not have a significant 

impact on a substantial number of small 

entities for purposes of the RFA. 

This rule does not contain a Federal 

mandate that may result in the 

expenditure by State, local and tribunal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any one year. 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3511). 

We have examined the impact(s) of 

the final rule under Executive Order 

13132 and it does not have policies that 

have federalism implications that have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, therefore, 

consultation with State and local 

officials is not required. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

■ Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

■ 2. Section 199.4 is amended by 

revising paragraph (f)(2)(i)(H) to read as 

follows: 

§ 199.4 Basic program benefits. 

* * * * * 

(f) * * * 

(2) * * * 

(i) * * * 

(H) The Director, TRICARE 

Management Activity, may waive the 

annual individual or family fiscal year 

deductible for dependents of a Reserve 

Component member who is called or 

ordered to active duty for a period of 

more than 30 days or a National Guard 

member who is called or ordered to 

fulltime federal National Guard duty for 

a period of more than 30 days in 

support of a contingency operation (as 

defined in 10 U.S.C. 101(a)(13)). For 

purposes of this paragraph, a dependent 

is a lawful husband or wife of the 

member and a child is defined in 

paragraphs (b)(2)(ii)(A) through (F) and 

(b)(2)(ii)(H)(1), (2), and (4) of § 199.3. 

* * * * * 

■ 3. Section 199.14 is amended by 

adding paragraph (j)(1)(i)(E) to read as 

follows: 

§ 199.14 Provider reimbursement 

methods. 

* * * * * 

(j) * * * 

(1) * * * 

(i) * * * 

(E) Special rule for certain TRICARE 

Standard Beneficiaries. In the case of 

dependent spouse or child, as defined 

in paragraphs (b)(2)(ii)(A) through (F) 

and (b)(2)(ii)(H)(1), (2), and (4) of 

§ 199.3, of a Reserve Component 

member serving on active duty pursuant 

to a call or order to active duty for a 

period of more than 30 days in support 

of a contingency operation under a 

provision of law referred to in section 

101(a)(13)(B) of title 10, United States 

Code, the Director, TRICARE 

Management Activity, may authorize 

non-participating providers the 

allowable charge to be the CMAC level 

as established in paragraph (j)(l)(i)(B) of 

this section plus any balance billing 

amount up to the balance billing limit 

as referred to in paragraph (j)(l)(i)(C) of 

this section. 

* * * * * 

Dated: August 6, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E8–18597 Filed 8–11–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–B–7797] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

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 Maps (FIRMs) 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 Assistant Administrator of 

FEMA 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: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–3151. 

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. 


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46810 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations 

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 the 

other Federal, State, or regional entities. 

The changes BFEs are in accordance 

with 44 CFR 65.4. 

National Environmental Policy Act. 

This interim 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 

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 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim 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 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 and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: Jefferson City of Birmingham 

(08–04–2759P).

June 20, 2008; June 27, 2008; 

The Birmingham News.

The Honorable Larry P. Langford, Mayor, 

City of Birmingham, 710 North 20th 

Street, Birmingham, AL 35203.

July 28, 2008 .................. 010116 

Colorado: Adams ..... City of Thornton 

(08–08–0377P).

June 5, 2008; June 12, 2008; 

Northglenn-Thornton Sentinel.

The Honorable Erik Hansen, Mayor, City 

of Thornton, 9500 Civic Center Drive, 

Thornton, CO 80229.

October 10, 2008 ........... 080007 

Connecticut: Hartford City of Bristol (08–

01–0505P).

June 25, 2008; July 2, 2008; 

The Hartford Courant.

The Honorable Arthur Ward, Mayor, City 

of Bristol, City Hall, 111 North Main 

Street, Bristol, CT 06010.

June 11, 2008 ................ 090023 

Florida: Seminole .... City of Winter 

Springs (08–04–

4157P).

June 18, 2008; June 25, 2008; 

Orlando Sentinel.

The Honorable John F. Bush, Mayor, City 

of Winter Springs, 21 Tarpon Circle, 

Winter Springs, FL 32708.

October 23, 2008 ........... 120295 

Hawaii: Maui ............ Unincorporated 

areas of Maui 

County (07–09–

1848P).

February 21. 2008; February 

28, 2008; Maui News.

The Honorable Charmaine Tavares, 

Mayor, Maui County, 200 South High 

Street, Wailuku, HI 96793.

February 12, 2008 .......... 150003 

Idaho: Madison ........ Unincorporated 

areas of Madison 

County (08–10–

0206P).

July 3, 2008; July 10, 2008; 

Standard Journal.

The Honorable Ralph Robison, Chairman, 

Madison County, Board of Commissioners, P.O. Box 389, Rexburg, ID 

83440.

June 16, 2008 ................ 160217 

Illinois: 

Lake .................. Unincorporated 

areas of Lake 

County (08–05–

1098P).

June 5, 2008; June 12, 2008; 

Lake County News-Sun.

The Honorable Suzi Schmidt, Chair, Lake 

County Board, 18 North County Street, 

Room 1001, Waukegan, IL 60085.

October 10, 2008 ........... 170357 

Lake .................. Village of Lake Barrington (08–05–

1098P).

June 5, 2008; June 12, 2008; 

Lake County News-Sun.

The Honorable Kevin Richardson, President, Village of Lake Barrington, 23860 

Old Barrington Road, Lake Barrington, 

IL 60010.

October 10, 2008 ........... 170372 

Lake .................. Village of North Barrington (08–05–

1098P).

June 5, 2008; June 12, 2008; 

Lake County News-Sun.

The Honorable Bruce J. Sauer, President, 

Village of North Barrington, 111 Old 

Barrington Road, North Barrington, IL 

60010.

October 10, 2008 ........... 170383 

Minnesota: Anoka .... City of Blaine (08–

05–1446P).

June 6, 2008; June 13, 2008; 

Blaine-Spring Lake Park Life.

The Honorable Thomas Ryan, Mayor, 

City of Blaine, 10801 Town Square 

Drive Northeast, Blaine, MN 55449.

October 13, 2008 ........... 270007 

Missouri: 

St. Charles 

County.

Unincorporated 

areas of St. 

Charles County 

(08–07–0068P).

June 25, 2008; July 2, 2008; 

St. Charles Journal.

The Honorable Steve Ehlmann, County 

Executive, St. Charles County, St. 

Charles County Courthouse, 100 North 

Third Street, St. Charles, MO 63301.

October 30, 2008 ........... 290315 

St. Charles 

County.

City of St. Peters 

(08–07–0068P).

June 25, 2008; July 2, 2008; 

St. Charles Journal.

The Honorable Len Pagano, Mayor, City 

of St. Peters, One St. Peters Centre 

Boulevard, St. Peters, MO 63376.

October 30, 2008 ........... 290319 

Montana: Flathead .. Unincorporated 

areas of Flathead 

County (08–08–

0430P).

June 13, 2008; June 20, 2008; 

Daily Inter Lake.

The Honorable Gary D. Hall, Chairman, 

Flathead County, Board of Commissioners, 800 South Main Street, Kalispell, MT 59901.

June 2, 2008 .................. 300023 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations 46811 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Nevada: Clark .......... Unincorporated 

areas of Clark 

County (07–09–

1612P).

July 8, 2008; July 15, 2008; 

Las Vegas Review-Journal.

The Honorable Rory Reid, Chair, Clark 

County Board of Commissioners, 500 

South Grand Central Parkway, Las 

Vegas, NV 89106.

November 12, 2008 ........ 320003 

Pennsylvania: 

Lackawanna ..... City of Scranton 

(07–03–0177P).

April 28, 2008; May 5, 2008; 

The Scranton Times Tribune.

The Honorable Christopher A. Doherty, 

Mayor, City of Scranton, 340 North 

Washington Avenue, Scranton, PA 

18503.

September 2, 2008 ......... 420538 

Lackawanna ..... Borough of Taylor 

(07–03–0177P).

April 28, 2008; May 5, 2008; 

The Scranton Times Tribune.

The Honorable Richard Bowen, Mayor, 

Borough of Taylor, 122 Union Street, 

Taylor, PA 18517.

September 2, 2008 ......... 420539 

Tennessee: 

Coffee ............... City of Tullahoma 

(07–04–5627P).

May 14, 2008; May 21, 2008; 

The Tullahoma News.

The Honorable Troy Bisby, Mayor, City of 

Tullahoma, 201 West Grundy Street, 

Tullahoma, TN 37388.

September 18, 2008 ....... 470036 

Wilson ............... City of Lebanon (08–

04–1439P).

May 28, 2008; June 4, 2008; 

The Wilson Post.

The Honorable Robert Dedman, Mayor, 

Wilson County, 228 East Main Street, 

Room 104, Lebanon, TN 37087.

May 16, 2008 ................. 270208 

Texas: 

Bexar ................ City of San Antonio 

(07–06–0823P).

June 26, 2008; July 3, 2008; 

San Antonio Express News.

The Honorable Phil Hardberger, Mayor, 

City of San Antonio, P.O. Box 839966, 

San Antonio, TX 78283.

October 31, 2008 ........... 480045 

Collin ................ City of McKinney 

(07–06–1407P).

June 26, 2008; July 3, 2008; 

McKinney Courier Gazette.

The Honorable Bill Whitfield, Mayor, City 

of McKinney, 222 North Tennessee 

Street, McKinney, TX 75069.

October 31, 2008 ........... 480135 

Ellis ................... City of Waxahachie 

(08–06–0662P).

May 28, 2008; June 4, 2008; 

Waxahachie Daily Light.

The Honorable Joe Jenkins, Mayor, City 

of Waxahachie, P.O. Box 757, 

Waxahachie, TX 75165.

October 2, 2008 ............. 480211 

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

areas of Harris 

County (07–06–

2077P).

July 2, 2008; July 9, 2008; 

Houston Chronicle.

The Honorable Ed Emmett, Harris County 

Judge, 1001 Preston Street, Suite 911, 

Houston, TX 77002.

October 30, 2008 ........... 480287 

Tarrant .............. City of Fort Worth 

(07–06–2613P).

May 30, 2008; June 6, 2008; 

Fort Worth Star-Telegram.

The Honorable Michael J. Moncrief, 

Mayor, City of Fort Worth, 1000 

Throckmorton Street, Fort Worth, TX 

76102.

September 29, 2008 ....... 480596 

Virginia: Independent 

City.

City of Winchester 

(08–03–0801P).

May 8, 2008; May 15, 2008; 

The Winchester Star.

The Honorable Elizabeth Minor, Mayor, 

City of Winchester, 231 East Piccadilly 

Street, Suite 310, Winchester, VA 

22601.

September 12, 2008 ....... 510173 

Wisconsin: 

Dodge ............... Unincorporated 

areas of Dodge 

County (07–05–

4832P).

June 19, 2008; June 26, 2008; 

Watertown Daily Times.

The Honorable Russell E. Kottke, Chairman, Dodge County, Board of Supervisors, 127 East Oak Street, Beaver 

Dam, WI 53039.

October 24, 2008 ........... 550094 

Dodge ............... City of Watertown 

(07–05–4832P).

June 19, 2008; June 26, 2008; 

Watertown Daily Times.

The Honorable Ron Krueger, Mayor, City 

of Watertown, P.O. Box 477, Watertown, WI 53094.

October 24, 2008 ........... 550107 

Ozaukee ........... Unincorporated 

areas of Ozaukee 

County (08–05–

1362P).

June 5, 2008; June 12, 2008; 

Ozaukee Press.

The Honorable Robert Brooks, Chairman, 

Ozaukee County Board, P.O. Box 994, 

Port Washington, WI 53074–0994.

October 10, 2008 ........... 550310 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: July 25, 2008. 

Edward L. Connor, 

Deputy Assistant Administrator for 

Insurance, Department of Homeland Security, 

Federal Emergency Management Agency. 

[FR Doc. E8–18530 Filed 8–11–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

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 

on 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: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 


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