[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Rules and Regulations]
[Pages 35937-35938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12700]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule; removal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) removes the 
final flood elevation determination published at 72 FR 27746 on May 17, 
2007 for the Unincorporated areas of Frederick County, Maryland, Case 
No. 06-03-B384P, Community Number 240027.

DATES: Effective Date: This rule is effective July 2, 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 June 7, 2007, FEMA published at 72 FR 
31460 a removal of the interim change in flood elevation determination 
for the Unincorporated areas of Frederick County, Maryland, Case No. 
06-03-B384P, Community Number 240027, published at 72 FR 271 on January 
4, 2007. Inadvertently, the change in flood elevation for the 
Unincorporated areas of Frederick County, Maryland, Case No. 06-03-
B384P, Community Number 240027, was published as a final rule in 72 FR 
27746 on May 17, 2007.
    As previously stated in 72 FR 31460, 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 Letter of Map 
Revision (LOMR) modeling to the countywide restudy, it was determined 
that the modeling for the countrywide restudy more accurately 
represented existing conditions. Therefore, the LOMR was rescinded to 
eliminate the potential of incorrect flood insurance determinations 
along the revised flooding sources.
    Accordingly, the final flood elevation determination inadvertently 
published at 72 FR 27746 on May 17, 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 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.

[[Page 35938]]

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 27746 on May 17, 2007 under the 
authority of Sec.  65.4 is amended to remove the following:
    The final flood elevation determination published at 72 FR 27746 on 
May 17, 2007 for the Unincorporated areas of Frederick County, 
Maryland, Case No. 06-03-B384P, Community No. 240027.

    Dated: June 18, 2007.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
 [FR Doc. E7-12700 Filed 6-29-07; 8:45 am]
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