Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations 9831 D. The Paperwork Reduction Act of and requested comment from the public DEPARTMENT OF HOMELAND 1995 on this topic. HHS/CDC did not receive SECURITY HHS/CDC has reviewed the any public comment to this request. Federal Emergency Management information collection requirements of List of Subjects in 42 CFR Part 71 the final rule and has determined that Agency the information collection requested in Communicable diseases, Public 44 CFR Part 67 the final rule is already approved by the health, Quarantine, Reporting and Office of Management and Budget recordkeeping requirements, User fees, [Docket ID FEMA–2013–0002] (OMB) under OMB Control No. 0920– Testing. 0263, expiration date June 30, 2014. The Final Flood Elevation Determinations final rule does not contain any new data For the reasons discussed in the collection or record keeping preamble, the Centers for Disease AGENCY: Federal Emergency requirements. Control and Prevention amends 42 CFR Management Agency, DHS. part 71 as follows: ACTION: E. National Environmental Policy Act Final rule. (NEPA) PART 71—FOREIGN QUARANTINE SUMMARY: Base (1% annual-chance) Pursuant to 48 FR 9374 (list of HHS/ Flood Elevations (BFEs) and modified CDC program actions that are ■ 1. The authority citation for 42 CFR BFEs are made final for the categorically excluded from the NEPA part 71 continues to read as follows: communities listed below. The BFEs environmental review process), HHS/ Authority: Sec. 311 of the Public Health and modified BFEs are the basis for the CDC has determined that this action Service (PHS) Act, as amended (42 U.S.C. floodplain management measures that does not qualify for a categorical 243), secs. 361–369, PHS Act, as amended each community is required either to exclusion. In the absence of an (42 U.S.C. 264–272). adopt or to show evidence of being applicable categorical exclusion, the already in effect in order to qualify or Director, CDC, has determined that Subpart F—Importations remain qualified for participation in the provisions amending 42 CFR 71.53 will National Flood Insurance Program not have a significant impact on the ■ 2. In § 71.53, add paragraph (j) to read (NFIP). human environment. Therefore, neither as follows: DATES: The date of issuance of the Flood an environmental assessment nor an Insurance Rate Map (FIRM) showing environmental impact statement is § 71.53 Nonhuman primates. BFEs and modified BFEs for each required. * * * * * community. This date may be obtained F. Civil Justice Reform (Executive Order (j) Filovirus testing fee. (1) Non- by contacting the office where the maps 12988) human primate importers shall be are available for inspection as indicated This final rule has been reviewed charged a fee for filovirus testing of non- in the table below. under Executive Order 12988, Civil human primate liver samples submitted ADDRESSES: The final BFEs for each Justice Reform. Under this final rule: (1) to the Centers for Disease Control and community are available for inspection All State and local laws and regulations Prevention (CDC). at the office of the Chief Executive that are inconsistent with this rule will Officer of each community. The (2) The fee shall be based on the cost be preempted; (2) no retroactive effect respective addresses are listed in the will be given to this rule; and (3) of reagents and other materials table below. necessary to perform the testing; the use administrative proceedings will not be FOR FURTHER INFORMATION CONTACT: Luis of the laboratory testing facility; required before parties may file suit in Rodriguez, Chief, Engineering irradiation for inactivation of the court challenging this rule. Management Branch, Federal Insurance sample; personnel costs associated with G. Executive Order 13132 (Federalism) and Mitigation Administration, Federal performance of the laboratory tests; and Emergency Management Agency, 500 C The Department has reviewed this administrative costs for test planning, Street SW., Washington, DC 20472, rule in accordance with Executive Order review of assay results, and (202) 646–4064, or (email) 13132 regarding Federalism, and has dissemination of test results. [email protected]. determined that it does not have (3) An up-to-date fee schedule is ‘‘federalism implications.’’ The rule SUPPLEMENTARY INFORMATION: The available from the Division of Global does not ‘‘have substantial direct effects Federal Emergency Management Agency Migration & Quarantine, Centers for on the States, on the relationship (FEMA) makes the final determinations Disease Control and Prevention, 1600 between the national government and listed below for the modified BFEs for the States, or on the distribution of Clifton Road, Atlanta, Georgia 30333. each community listed. These modified power and responsibilities among the Any changes in the fee schedule will be elevations have been published in various levels of government.’’ published in the Federal Register. newspapers of local circulation and (4) The fee must be paid in U.S. ninety (90) days have elapsed since that H. Plain Language Act of 2010 Dollars at the time that the importer publication. The Deputy Associate Under Public Law 111–274 (October submits the specimens to HHS/CDC for Administrator for Mitigation has 13, 2010), executive Departments and testing. resolved any appeals resulting from this Agencies are required to use plain notification. language in documents that explain to Dated: February 4, 2013. This final rule is issued in accordance the public how to comply with a Kathleen Sebelius, with section 110 of the Flood Disaster requirement the Federal Government Secretary, Department of Health and Human Protection Act of 1973, 42 U.S.C. 4104, administers or enforces. HHS/CDC Services. and 44 CFR part 67. FEMA has attempted to use plain language in [FR Doc. 2013–02825 Filed 2–11–13; 8:45 am] developed criteria for floodplain promulgating this rule consistent with management in floodprone areas in BILLING CODE P the Federal Plain Writing Act guidelines accordance with 44 CFR part 60. VerDate Mar<15>2010 15:05 Feb 11, 2013 Jkt 229001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\12FER1.SGM 12FER1 pmangrum on DSK3VPTVN1PROD with RULES 9832 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations Interested lessees and owners of real Regulatory Classification. This final Accordingly, 44 CFR part 67 is property are encouraged to review the rule is not a significant regulatory action amended as follows: proof Flood Insurance Study and FIRM under the criteria of section 3(f) of available at the address cited below for Executive Order 12866 of September 30, PART 67—[AMENDED] each community. The BFEs and 1993, Regulatory Planning and Review, modified BFEs are made final in the 58 FR 51735. ■ 1. The authority citation for part 67 communities listed below. Elevations at Executive Order 13132, Federalism. continues to read as follows: selected locations in each community This final rule involves no policies that are shown. Authority: 42 U.S.C. 4001 et seq.; have federalism implications under Reorganization Plan No. 3 of 1978, 3 CFR, National Environmental Policy Act. Executive Order 13132. This final rule is categorically excluded 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, from the requirements of 44 CFR part Executive Order 12988, Civil Justice 3 CFR, 1979 Comp., p. 376. Reform. This final rule meets the 10, Environmental Consideration. An § 67.11 [Amended] environmental impact assessment has applicable standards of Executive Order not been prepared. 12988. ■ 2. The tables published under the Regulatory Flexibility Act. As flood List of Subjects in 44 CFR Part 67 authority of § 67.11 are amended as elevation determinations are not within follows: the scope of the Regulatory Flexibility Administrative practice and Act, 5 U.S.C. 601–612, a regulatory procedure, Flood insurance, Reporting flexibility analysis is not required. and recordkeeping requirements. * Elevation in feet (NGVD) + Elevation in feet State City/town/county Source of flooding Location (NAVD) # Depth in feet above ground Modified Unincorporated Areas of Craven County, North Carolina Docket No.: FEMA–B–1212 North Carolina .............. Unincorporated Areas Mosley Creek (into Neuse At the upstream side of William Pearce +25 of Craven County. River). Road. Approximately 0.5 mile upstream of +46 Dover Fort Barnwell Road. North Carolina .............. Unincorporated Areas Mosley Creek Tributary .... At the Mosley Creek (into Neuse River) +25 of Craven County. confluence. Approximately 1.0 mile upstream of State +36 Route 55. North Carolina .............. Unincorporated Areas Tracey Swamp ................. At the Mosley Creek (into Neuse River) +39 of Craven County. confluence. Approximately 1.0 mile downstream of +41 the Jones County boundary. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Craven County Maps are available for inspection at the Craven County GIS/Mapping Department, 226 Pollock Street, New Bern, NC 28560. Unincorporated Areas of Jones County, North Carolina Docket No.: FEMA–B–1212 North Carolina .............. Unincorporated Areas Southwest Creek Tributary Approximately 1,750 feet downstream of +35 of Jones County. British Road. Approximately 1,000 feet upstream of +41 British Road. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above