9740 Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Proposed Rules § 447.82 Restrictions on payments to calendar year and then rounded to the DEPARTMENT OF HOMELAND providers. next higher 10-cent increment. SECURITY The plan must provide that the * * * * * agency reduces the payment it makes to Federal Emergency Management any provider by the amount of a (4) For Federal Fiscal Year 2007, any Agency recipient’s cost sharing obligation, deductible the State imposes may not regardless of whether the provider exceed $3.20 per month, per family for 44 CFR Part 67 each period of eligibility. Thereafter, successfully collects the cost sharing. [Docket No. FEMA–B–7763] any deductible may not exceed this PART 457—ALLOTMENTS AND amount as updated each October 1 by Proposed Flood Elevation GRANTS TO STATES the percentage increase in the medical Determinations care component of the CPI-U for the 5. The authority citation for part 457 period of September to September AGENCY: Federal Emergency continues to read as follows: ending in the preceding calendar year Management Agency, DHS. Authority: Section 1102 of the Social and then rounded to the next higher 10- ACTION: Proposed rule. Security Act (42 U.S.C. 1302). cent increment. SUMMARY: Comments are requested on 6. Section 457.555 is amended by— * * * * * the proposed Base (1 percent annual- a. Republishing paragraph (a) (c) Institutional emergency services. chance) Flood Elevations (BFEs) and introductory text. For Federal Fiscal Year 2007, any proposed BFE modifications for the b. Revising paragraphs (a)(1), (a)(2), copayment that the State imposes on communities listed in the table below. and (a)(4). emergency services provided by an The purpose of this notice is to seek c. Revising paragraph (c). institution may not exceed $5.20. general information and comment d. Revising paragraph (d). regarding the proposed regulatory flood Thereafter, any copayment may not The republication and revisions read elevations for the reach described by the exceed this amount as updated each as follows: downstream and upstream locations in October 1 by the percentage increase in the table below. The BFEs and modified § 457.555 Maximum allowable cost sharing the medical care component of the CPI- BFEs are a part of the floodplain charges on targeted low-income children in U for the period of September to management measures that the families with income from 101 to 150 September ending in the preceding percent of the FPL. community is required either to adopt calendar year and then rounded to the or show evidence of having in effect in (a) Non-institutional services. For next higher 10-cent increment. order to qualify or remain qualified for targeted low-income children whose (d) Non-emergency use of the participation in the National Flood family income is from 101 to 150 emergency room. For Federal Fiscal Insurance Program (NFIP). In addition, percent of the FPL, the State plan must these elevations, once finalized, will be provide that for non-institutional Year 2007, for targeted low-income children whose family income is from used by insurance agents, and others to services, including emergency services, calculate appropriate flood insurance the following requirements must be met: 101 to 150 percent of the FPL, the State may charge up to twice the charge for premium rates for new buildings and (1)(i) For Federal Fiscal Year 2007, the contents in those buildings. any copayment or similar charge the non-institutional services, up to a DATES: Comments are to be submitted State imposes under a fee-for-service maximum amount of $10.40, for on or before May 22, 2008. delivery system may not exceed the services furnished in a hospital following amounts: emergency room if those services are not ADDRESSES: The corresponding emergency services as defined in preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each Total cost Maximum § 457.10. Thereafter, any charge may not amount exceed this amount as updated each community are available for inspection October 1 by the percentage increase in at the community’s map repository. The $15.00 or less ........................... $1.10 respective addresses are listed in the $15.01 to $40 ........................... 2.10 the medical care component of the CPI- U for the period of September to table below. $40.01 to $80 ........................... 3.20 You may submit comments, identified $80.01 or more ......................... 5.20 September ending in the preceding by Docket No. FEMA–B–7763, to calendar year and then rounded to the William R. Blanton, Jr., Chief, (ii) Thereafter, any copayments may next higher 10-cent increment. Engineering Management Branch, not exceed these amounts as updated * * * * * Mitigation Directorate, Federal each October 1 by the percentage (Catalog of Federal Domestic Assistance Emergency Management Agency, 500 C increase in the medical care component Street, SW., Washington, DC 20472, of the CPI-U for the period of September Program No. 93.778, Medical Assistance Program) (202) 646–3151, or (e-mail) to September ending in the preceding [email protected]. calendar year and then rounded to the Dated: October 5, 2007. FOR FURTHER INFORMATION CONTACT: next higher 10-cent increment. Kerry Weems, (2) For Federal Fiscal Year 2007, any William R. Blanton, Jr., Chief, Acting Administrator, Centers for Medicare Engineering Management Branch, copayment that the State imposes for & Medicaid Services. services provided by a managed care Mitigation Directorate, Federal organization may not exceed $5.20 per Approved: November 1, 2007. Emergency Management Agency, 500 C visit. Thereafter, any copayment may Michael O. Leavitt, Street, SW., Washington, DC 20472, not exceed this amount as updated each Secretary. (202) 646–3151 or.(e-mail) [email protected]. October 1 by the percentage increase in [FR Doc. E8–3211 Filed 2–21–08; 8:45 am] the medical care component of the CPI- BILLING CODE 4120–01–P SUPPLEMENTARY INFORMATION: The U for the period of September to Federal Emergency Management Agency September ending in the preceding (FEMA) proposes to make VerDate Aug<31>2005 16:29 Feb 21, 2008 Jkt 214001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\22FEP1.SGM 22FEP1 mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Proposed Rules 9741 determinations of BFEs and modified A letter acknowledging receipt of any under the criteria of section 3(f) of BFEs for each community listed below, comments will not be sent. Executive Order 12866, as amended. in accordance with section 110 of the Administrative Procedure Act Executive Order 13132, Federalism. Flood Disaster Protection Act of 1973, Statement. This matter is not a This proposed rule involves no policies 42 U.S.C. 4104, and 44 CFR 67.4(a). rulemaking governed by the that have federalism implications under These proposed BFEs and modified Administrative Procedure Act (APA), 5 Executive Order 13132. BFEs, together with the floodplain U.S.C. 553. FEMA publishes flood Executive Order 12988, Civil Justice management criteria required by 44 CFR elevation determinations for notice and Reform. This proposed rule meets the applicable standards of Executive Order 60.3, are the minimum that are required. comment; however, they are governed 12988. They should not be construed to mean by the Flood Disaster Protection Act of that the community must change any 1973, 42 U.S.C. 4105, and the National List of Subjects in 44 CFR Part 67 Flood Insurance Act of 1968, 42 U.S.C. existing ordinances that are more Administrative practice and stringent in their floodplain 4001, et seq., and do not fall under the APA. procedure, Flood insurance, Reporting management requirements. The and recordkeeping requirements. community may at any time enact National Environmental Policy Act. Accordingly, 44 CFR part 67 is stricter requirements of its own, or This proposed rule is categorically proposed to be amended as follows: pursuant to policies established by other excluded from the requirements of 44 Federal, State, or regional entities. CFR part 10, Environmental PART 67—[AMENDED] These proposed elevations are used to Consideration. An environmental meet the floodplain management impact assessment has not been 1. The authority citation for part 67 requirements of the NFIP and are also prepared. continues to read as follows: used to calculate the appropriate flood Regulatory Flexibility Act. As flood Authority: 42 U.S.C. 4001, et seq.; insurance premium rates for new elevation determinations are not within Reorganization Plan No. 3 of 1978, 3 CFR, buildings built after these elevations are the scope of the Regulatory Flexibility 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. made final, and for the contents in these Act, 5 U.S.C. 601–612, a regulatory buildings. flexibility analysis is not required. § 67.4 [Amended] Comments on any aspect of the Flood Executive Order 12866, Regulatory 2. The tables published under the Insurance Study and FIRM, other than Planning and Review. This proposed authority of § 67.4 are proposed to be the proposed BFEs, will be considered. rule is not a significant regulatory action amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified Alameda County, California, and Incorporated Areas Arroyo Las Positas ................ Approximately 1,155 feet downstream of North Liver- None +444 City of Livermore. more Avenue. Approximately 1,040 feet downstream of North Liver- None +445 more Avenue. Arroyo Las Positas (Shallow Approximately 530 feet east of the intersection of Air- #1.5 #2 City of Livermore. Flooding). way Boulevard and Terminal Court. Arroyo del Valle .................... Approximately 0.7 mile downstream of Arroyo Road .. None +514 Unincorporated Areas of Alameda County.