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Federal Emergency Management Agency, DHS.
Final rule; removal.
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.
Effective Date: This rule is effective July 2, 2007.Start Further Info
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.End Further Info End Preamble Start Supplemental 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 Therefore, the LOMR was rescinded to eliminate the potential of incorrect flood insurance determinations along the revised flooding sources.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.Start List of Subjects Start Printed Page 35938
List of Subjects in 44 CFR Part 65End List of Subjects Start Amendment Part
Accordingly,End Amendment Part Start Part
PART 65—[AMENDED]End Part Start Amendment Part
1. The authority citation for part 65 continues to read as follows:End Amendment Part
2. The table published atEnd Amendment Part
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.Start Signature
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]
BILLING CODE 9110-12-P