Changes in Flood Elevation Determinations, 31460-31461 [E7-10951]

Download as PDF 31460 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Rules and Regulations This action is not a ‘‘major rule’’ as defined by 5 U.S.C. section 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 6, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Subpart SS—Texas Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. I 2. The second table in paragraph (e) entitled ‘‘EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP’’ is amended by adding entries for ‘‘VOC RACT Negative Declarations’’ and ‘‘VOC RACT Negative Declaration for SOCMI Batch Processing Source Category’’ immediately after the entry ‘‘Revision to Permitting Regulations and Board Orders No. 85–07, 87–09, 87–17, 88–08, 89–06, 90–05, 91–10, 92–06, 92–18, and 93–17’’ to read as follows: Dated: May 21, 2007. Richard E. Greene, Regional Administrator, Region 6. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I § 52.2270 * Authority: 42 U.S.C. 7401 et seq. Identification of plan. * * (e) * * * * * EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP State submittal/effective date Name of SIP provision Applicable geographic or nonattainment area * * VOC RACT Negative Declarations .......... * * Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, Houston/Galveston. El Paso .................................................... VOC RACT Negative Declaration for SOCMI Batch Processing Source Category. * * * * * * * * * EFFECTIVE DATE: 1/10/96 1/10/96 This rule is effective June 7, 2007. BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA–B–7703] Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Interim rule; removal. AGENCY: 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. VerDate Aug<31>2005 17:11 Jun 06, 2007 Jkt 211001 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 PO 00000 Frm 00024 Fmt 4700 * 10/30/96, 61 FR 55894. 6/7/07 [Insert FR page number where document begins]. * [FR Doc. E7–10764 Filed 6–6–07; 8:45 am] rwilkins on PROD1PC63 with RULES * EPA approval date Sfmt 4700 * Comments * Ref 52.2299(c)(103). * 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 E:\FR\FM\07JNR1.SGM 07JNR1 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Rules and Regulations 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. I Accordingly, 44 CFR part 65 is amended as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: I 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. § 65.4 [Amended] 2. The table published at 72 FR 271 on January 4, 2007 under the authority of § 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. rwilkins on PROD1PC63 with RULES I 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] BILLING CODE 9110–12–P VerDate Aug<31>2005 17:11 Jun 06, 2007 Jkt 211001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. 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: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Assistant Administrator of FEMA resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFEs determinations are available for inspection. The modified BFEs are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 31461 The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These modified BFEs are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. The changes in BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not 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 final 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 final rule involves no policies that have federalism implications under Executive Order 13132, Federalism. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. I Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: I Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31460-31461]
From the Federal Register Online via the Government Printing 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.

0
Accordingly, 44 CFR part 65 is amended as follows:

PART 65--[AMENDED]

0
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]

0
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]
BILLING CODE 9110-12-P