[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31460-31461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10951]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-7703]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule; removal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) removes the 
interim change in flood elevation determination published at 72 FR 271 
on January 4, 2007 for the Unincorporated areas of Frederick County, 
Maryland, Case No. 06-03-B384P, Community Number 240027.

EFFECTIVE DATE: This rule is effective June 7, 2007.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Directorate, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
3151.

SUPPLEMENTARY INFORMATION: On October 19, 2006, FEMA issued a Letter of 
Map Revision (LOMR) revising the Unincorporated areas of Frederick 
County, Maryland Flood Insurance Study (FIS) report and Flood Insurance 
Rate Map (FIRM), Case No. 06-03-B384P. In addition, the October 19, 
2006 LOMR proposed base flood elevations along Ballenger Creek and 
Tributary No. 117 through a statutory 90-day appeal period and 
established an effective date of February 15, 2007. During the 90-day 
appeal period, FEMA received an appeal submitted by a property owner 
located within the revised area. After further investigation, it was 
found that the aforementioned flooding sources had been revised for the 
countywide map revision for Frederick County, Maryland, currently 
scheduled to go into effect in September 2007. When comparing the LOMR 
modeling to the countywide restudy, it was determined that the modeling 
for the countrywide restudy more accurately represented existing 
conditions. Therefore, the LOMR has been rescinded to eliminate the 
potential of incorrect flood insurance determinations along the revised 
flooding sources.
    Accordingly, the interim change in flood elevation determination 
published at 72 FR 271 on January 4, 2007 for the Unincorporated areas 
of Frederick County, Maryland, Case No. 06-03-B384P, Community No. 
240027, is hereby removed.
    This matter is not a rulemaking governed by the Administrative 
Procedure Act (APA), 5 U.S.C. 553. FEMA voluntarily publishes flood 
elevation determinations for notice and comment, however, they are 
governed by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, 
and the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., 
and do not fall under the APA. If APA applicability is contested, 
however, FEMA asserts, for the reasons stated above, that it has good 
cause to issue this removal immediately, and

[[Page 31461]]

without prior notice and opportunity to comment, because delaying 
implementation of this action to await public notice and comment is 
unnecessary, impracticable, and contrary to the public interest.
    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. 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 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 rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

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Accordingly, 44 CFR part 65 is amended as follows:

PART 65--[AMENDED]

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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, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.


Sec.  65.4  [Amended]

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2. The table published at 72 FR 271 on January 4, 2007 under the 
authority of Sec.  65.4 is amended to remove the following:
    The interim change in flood elevation determination published at 72 
FR 271 on January 4, 2007 for the Unincorporated areas of Frederick 
County, Maryland, Case No. 06-03-B384P, Community No. 240027.

    Dated: May 24, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Federal Emergency Management Agency, Department of Homeland 
Security.
[FR Doc. E7-10951 Filed 6-6-07; 8:45 am]
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