Changes in Flood Elevation Determinations, 35937-35938 [E7-12700]

Download as PDF Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Rules and Regulations Location and case No. State and county Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification The Honorable Rodney Cannon, Mayor, City of Hardeeville, 205 East Main Street, Hardeeville, SC 29927. The Honorable Joseph McEachern, Chairman, Richland County Council, Richland County Administration Building, 2020 Hampton Street, Second Floor, Columbia, SC 29202. July 26, 2007 .................. 450113 April 12, 2007 ................. 450170 The Honorable Tommy Bragg, Mayor, City of Murfreesboro, 111 West Vine Street, Murfreesboro, TN 37130. The Honorable Ernest Burgess, Mayor, Rutherford County, County Courthouse, Room 101, Murfreesboro, TN 37130. July 26, 2007 .................. 470168 July 26, 2007 .................. 470165 The Honorable Pat Evans, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074. The Honorable Mike J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. The Honorable B. Robert Raines, Mayor, City of Norton, Municipal Building, P. O. Box 618, Norton, VA 24273. July 19, 2007 .................. 480140 July 19, 2007 .................. 480596 July 19, 2007 .................. 510108 Jasper ............... City of Hardeeville (06–04–C661P). April 19, 2007; April 26, 2007; The Beaufort Gazette. Richland ........... Unincorporated areas of Richland County (07–04– 1972P). April 27, 2007; May 4, 2007; The Columbia Star. City of Murfreesboro (07–04–2511P). April 19, 2007; April 26, 2007; Daily News Journal. Unincorporated areas of Rutherford County (07– 04–2511P). April 19, 2007; April 26, 2007; Daily News Journal. City of Plano (07– 06–0426P). April 12, 2007; April 19, 2007; Plano Star Courier. Tarrant .............. City of Fort Worth (07–06–0368P). April 12, 2007; April 19, 2007; Fort Worth Star-Telegram. Virginia: Independent City. City of Norton (06– 03–B601P). April 12, 2007; April 19, 2007; The Coalfield Progress. Tennessee: Rutherford ........ Rutherford ........ Texas: Collin ................ Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’ Dated: June 18, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7–12693 Filed 6–29–07; 8:45 am] BILLING CODE 9110–12–P 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; removal. AGENCY: 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. Effective Date: This rule is effective July 2, 2007. pwalker on PROD1PC71 with RULES DATES: 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. VerDate Aug<31>2005 19:58 Jun 29, 2007 35937 Jkt 211001 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 Community No. 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. E:\FR\FM\02JYR1.SGM 02JYR1 35938 Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Rules and Regulations 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 27746 on May 17, 2007 under the authority of § 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. I 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 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual chance) Flood Elevations (BFEs) and modified SUMMARY: State BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final 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 for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. City/town/county Source of flooding The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. 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. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: I PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: I Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: I Location # Depth in feet above ground. * Elevation in feet (NGVD) + Elevation in feet (NAVD) Modified pwalker on PROD1PC71 with RULES Pinal County, Arizona and Incorporated Areas Docket No.: FEMA–B–7454 Arizona ......................... VerDate Aug<31>2005 Pinal County (Unincorporated Areas). 18:54 Jun 29, 2007 Jkt 211001 PO 00000 McClellan Wash ................ Frm 00030 Fmt 4700 Sfmt 4700 Approximately 0.61 mile west of Battagila Drive. Approximately 6.8 miles upstream of confluence with McClellan Wash Split. E:\FR\FM\02JYR1.SGM 02JYR1 +1,566 +1,824

Agencies

[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Rules and Regulations]
[Pages 35937-35938]
From the Federal Register Online via the Government Printing 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.

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 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]
BILLING CODE 9110-12-P