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Federal Register/Vol. 76, No. 178/Wednesday, September 14, 2011

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Federal Register/Vol. 76, No. 178/Wednesday, September 14, 2011 56724 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules information that could benefit the using the test results and the laboratory ACTION: Proposed rule. patient by reducing the chance of the that initially requested the test. patient not being informed of a SUMMARY: Comments are requested on * * * * * the proposed Base (1% annual-chance) laboratory test result, reducing the (l) Upon a patient’s request, the Flood Elevations (BFEs) and proposed number of patients lost to follow-up, laboratory may provide access to BFE modifications for the communities and benefiting health care providers by completed test reports that, using the listed in the table below. The purpose reducing their workload in providing laboratory’s authentication process, can of this proposed rule is to seek general laboratory test reports. be identified as belonging to that information and comment regarding the In accordance with the provisions of patient. Executive Order 12866, this regulation proposed regulatory flood elevations for was reviewed by the Office of Title 45—Public Welfare the reach described by the downstream Management and Budget. and upstream locations in the table PART 164—SECURITY AND PRIVACY below. The BFEs and modified BFEs are List of Subjects 3. The authority citation for part 164 a part of the floodplain management measures that the community is 42 CFR Part 493 continues to read as follows: required either to adopt or to show Administrative practice and Authority: 42 U.S.C. 1320d–1320d–8; sec. evidence of having in effect in order to procedure, Grant programs—health, 264, Pub. Law 104–191, 110 Stat. 2033–2034 qualify or remain qualified for Health facilities, Laboratories, Medicaid, (42 U.S.C. 1320d–2 (note)); secs. 13400– 13402, Pub. Law 111–5, 123 Stat. 258–263. participation in the National Flood Medicare, Penalties, Reporting and Insurance Program (NFIP). In addition, recordkeeping requirements. 4. Section 164.524 is amended by these elevations, once finalized, will be revising paragraphs (a)(1)(i) and (ii) and 45 CFR Part 164 used by insurance agents and others to removing paragraph (a)(1)(iii) to read as calculate appropriate flood insurance Administrative practice and follows: premium rates for new buildings and procedure, Computer technology, § 164.524 Access of individuals to the contents in those buildings. Electronic information system, protected health information. DATES: Comments are to be submitted Electronic transactions, Employer (a) (1) * * * on or before December 13, 2011. benefit plan, Health, Health care, Health (i) Psychotherapy notes; and ADDRESSES: The corresponding facilities, Health insurance, Health (ii) Information compiled in preliminary Flood Insurance Rate Map records, Hospitals, Medicaid, Medical reasonable anticipation of, or for use in, (FIRM) for the proposed BFEs for each research, Medicare, Privacy, Reporting a civil, criminal, or administrative community is available for inspection at and recordkeeping requirements, action or proceeding. the community’s map repository. The Security. * * * * * respective addresses are listed in the For the reasons set forth in the Dated: April 1, 2011. table below. preamble, the Centers for Medicare & You may submit comments, identified Thomas R. Frieden, Medicaid Services proposes to amend by Docket No. FEMA–B–1214, to Luis 42 CFR part 493, and the Department Director, Centers for Disease Control and Rodriguez, Chief, Engineering Prevention, Administrator, Agency for Toxic proposes to amend 45 CFR Subtitle A, Management Branch, Federal Insurance Subchapter C, part 164, as set forth Substances and Disease Registry. Dated: August 12, 2011. and Mitigation Administration, Federal below: Emergency Management Agency, 500 C Donald M. Berwick, Title 42—Public Health Street, SW., Washington, DC 20472, Administrator, Centers for Medicare & (202) 646–4064, or (e-mail) Medicaid Services. PART 493—LABORATORY [email protected]. Dated: September 7, 2011. REQUIREMENTS Leon Rodriguez, FOR FURTHER INFORMATION CONTACT: Luis 1. The authority citation for part 493 Director, Office for Civil Rights. Rodriguez, Chief, Engineering Management Branch, Federal Insurance continues to read as follows: Dated: September 7, 2011. and Mitigation Administration, Federal Authority: Section 353 of the Public Kathleen Sebelius, Emergency Management Agency, 500 C Health Service Act, secs. 1102, 1861(e), the Secretary, Department of Health and Human Street, SW., Washington, DC 20472, sentence following sections 1861(s)(11) Services. (202) 646–4064, or (e-mail) through 1861(16) of the Social Security Act [FR Doc. 2011–23525 Filed 9–12–11; 11:15 am] (42 U.S.C. 263a, 1302, 1395x(e), the sentence [email protected]. BILLING CODE 4120–01–P following 1395x(s)(11) through 1395x(s)(16)). SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency Subpart K—Quality System for (FEMA) proposes to make DEPARTMENT OF HOMELAND Nonwaived Testing determinations of BFEs and modified SECURITY 2. Section 493.1291 is amended by— BFEs for each community listed below, A. Revising paragraph (f). Federal Emergency Management in accordance with section 110 of the B. Adding a new paragraph (l). Agency Flood Disaster Protection Act of 1973, The revision and addition read as 42 U.S.C. 4104, and 44 CFR 67.4(a). follows: 44 CFR Part 67 These proposed BFEs and modified BFEs, together with the floodplain § 493.1291 Standard: Test report. Docket ID FEMA–2011–0002; Internal management criteria required by 44 CFR * * * * * Agency Docket No. FEMA–B–1214] 60.3, are the minimum that are required. (f) Except as provided in paragraph (l) Proposed Flood Elevation They should not be construed to mean of this section, test results must be Determinations that the community must change any released only to authorized persons and, existing ordinances that are more if applicable, the individuals (or their AGENCY: Federal Emergency stringent in their floodplain personal representative) responsible for Management Agency, DHS. management requirements. The VerDate Mar<15>2010 17:16 Sep 13, 2011 Jkt 223001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules 56725 community may at any time enact Consideration. An environmental List of Subjects in 44 CFR Part 67 stricter requirements of its own or impact assessment has not been pursuant to policies established by other prepared. Administrative practice and Federal, State, or regional entities. Regulatory Flexibility Act. As flood procedure, Flood insurance, Reporting These proposed elevations are used to elevation determinations are not within and recordkeeping requirements. meet the floodplain management the scope of the Regulatory Flexibility Accordingly, 44 CFR part 67 is requirements of the NFIP and also are Act, 5 U.S.C. 601–612, a regulatory proposed to be amended as follows: used to calculate the appropriate flood flexibility analysis is not required. insurance premium rates for new Executive Order 12866, Regulatory PART 67—[AMENDED] buildings built after these elevations are Planning and Review. This proposed made final, and for the contents in those rule is not a significant regulatory action 1. The authority citation for part 67 buildings. under the criteria of section 3(f) of continues to read as follows: Comments on any aspect of the Flood Executive Order 12866, as amended. Authority: 42 U.S.C. 4001 et seq.; Insurance Study and FIRM, other than Executive Order 13132, Federalism. Reorganization Plan No. 3 of 1978, 3 CFR, the proposed BFEs, will be considered. This proposed rule involves no policies 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, A letter acknowledging receipt of any that have federalism implications under 3 CFR, 1979 Comp., p. 376. comments will not be sent. Executive Order 13132. § 67.4 [Amended] National Environmental Policy Act. Executive Order 12988, Civil Justice This proposed rule is categorically Reform. This proposed rule meets the 2. The tables published under the excluded from the requirements of 44 applicable standards of Executive Order authority of § 67.4 are proposed to be CFR part 10, Environmental 12988. amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground ∧ Elevation in meters (MSL) Existing Modified Unincorporated Areas of Cascade County, Montana Montana ................. Unincorporated Missouri River (near Mid Approximately 200 feet upstream of I–15 None +3433 Areas of Cas- Canon). (westbound). cade County. Approximately 1.2 miles upstream of I–15 None +3440 (eastbound). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emer- gency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Cascade County Maps are available for inspection at 415 3rd Street Northwest, Great Falls, MT 59403. Unincorporated
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