[Federal Register Volume 72, Number 42 (Monday, March 5, 2007)]
[Rules and Regulations]
[Pages 9675-9676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3724]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7456]


Withdrawal of Final Flood Elevation Determination for Lexington/
Fayette County, Kentucky and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency (FEMA) withdraws the 
final flood elevation determination published in 71 FR 60865, October 
17, 2006 for the Lexington/Fayette County, Kentucky and Incorporated 
Areas, hereafter referred to as ``LFC''. A final flood elevation 
determination will be made at a later date.

DATES: Effective Date: This rule is effective March 5, 2007.

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

SUPPLEMENTARY INFORMATION: On July 17, 2006, FEMA issued a letter to 
LFC finalizing the flood elevation determinations. In addition, the 
July 17, 2006 letter established a January 17, 2007 effective date for 
the Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for 
the listed community. The reason for this rescission is to allow FEMA 
to complete a thorough review and revision of the preliminary maps in 
light of recent identification of potential errors in the FIRMs. 
Contradictions have been identified in some areas between the printed 
maps and the digital data base that supports the maps. There are also 
questions concerning the locations of stream cross sections on the 
maps. These discrepancies could lead to incorrect interpretation of the 
flood risk portrayed in the maps, or even incorrect flood insurance 
determinations. Due to these issues, it is prudent for FEMA to complete 
a review and revision of these maps prior to them becoming effective.
    Until FEMA completes their review and revision of the 
aforementioned FIRMs, and digital data base, the final flood elevation 
published in 71 FR 60865, October 17, 2006 for the listed community is 
hereby withdrawn in accordance with section 110 of the Flood Disaster 
Protection Act of 1973, 42 U.S.C. 4104. Until further notice, the 
release of the FIS and FIRM for the listed communities has been 
postponed.

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 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 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 67

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

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    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.


Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
to withdraw the following:
    The final flood elevation determination published in 71 FR 60865, 
October 17, 2006 for the Lexington/Fayette County, Kentucky and 
Incorporated Areas.


[[Page 9676]]


    Dated: February 22, 2007.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E7-3724 Filed 3-2-07; 8:45 am]
BILLING CODE 9110-12-P