Proposed Rules. Notice of proposed rulemaking and request for comment

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BILLING CODE 3510-22-S 71 138 Wednesday, July 19, 2006 Proposed Rules FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 308 RIN 3064-AD06 Penalty for Failure To Timely Pay Assessments AGENCY: Federal Deposit Insurance Corporation. ACTION: Notice of proposed rulemaking and request for comment. SUMMARY: The Federal Deposit Insurance Corporation (“FDIC”) proposes to amend its rule concerning penalties for failure to timely pay assessments in compliance with the Federal Deposit Insurance Reform Act of 2005 (“Reform Act”), which amended provisions of the Federal Deposit Insurance Act (“FDIA”).

The revisions generally provide that an insured depository institution which fails or refuses to pay any assessment shall be subject to a penalty of not more than 1 percent of the assessment due for each day the violation continues. The statute provides for an exception if the failure to pay results from a dispute with the FDIC over the amount of the assessment and the institution deposits satisfactory security with the FDIC. A special statutory rule covering assessment amounts of less than $10,000 authorizes penalties up to $100 per day.

The FDIC is accorded discretion to compromise, modify or remit any penalty imposed on a finding that good cause prevented timely payment. The FDIC proposes amending its rule concerning late assessment penalties in conformity with these provisions of the Reform Act. The proposed rule would incorporate these statutory provisions into the FDIC's regulations in place of the existing late assessment penalty rule at 12 CFR 308.132(c)(3)(v). DATES: Comments must be received on or before September 18, 2006.

ADDRESSES: You may submit comments, identified by RIN number by any of the following methods: • Agency Web site: *http://www.fdic.gov/rules/laws/federal/propose.html.* Follow instructions for submitting comments on the Agency Web site. • E-mail: *Comments@FDIC.gov.* Include the RIN number in the subject line of the message. • Mail: Robert E. Feldman, Executive Secretary, Attention: Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. • Hand Delivery/Courier:

Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7 a.m. and 5 p.m. *Instructions:* All submissions received must include the agency name and RIN for this rulemaking. All comments received will be posted without change to *http://www.fdic.gov/rules/laws/federal/propose.html* including any personal information provided. FOR FURTHER INFORMATION CONTACT: Donna M. Saulnier, Senior Assessment Policy Specialist, DOF,

(703)562-6167; or William V. Farrell, Manager, Assessments Section, DOF,

(703)562-6168; or Christopher Bellotto, Counsel, Legal Division,

(202)898-3801; or Stephen T. Weisweaver, Attorney, Legal Division,

(202)898-6976. SUPPLEMENTARY INFORMATION: I. Background Section 2104(c) of the Reform Act amends section 18(h) of the FDIA, 12 U.S.C. 1828(h). 1 Section 18(h) was added to the FDIA in 1950 subjecting insured banks who fail or refuse to pay any assessment to a penalty of not more than $100 for each day that such a violation continued. 2 Section 18(h) has remained virtually unchanged since its enactment in 1950. 3 The FDIC added the present rule concerning late assessment penalties when it amended 12 CFR 308.132 pursuant to the Debt Collection Improvement Act of 1996 (“DCIA”). 4 *See* 61 FR 57987 (Nov. 12, 1996). The DCIA required the head of each Federal Agency to enact rules adjusting each Civil Money Penalty (“CMP”), under the agency's jurisdiction, by a rate of inflation prescribed in the DCIA. Accordingly, the FDIC added a version of the paragraph presently found at 12 CFR 308.132(c)(3) entitled “Adjustment of civil money penalties by the rate of inflation pursuant to section 31001(s) of the Debt Collection Improvement Act.” 5 61 FR at 57988. The FDIC also added the present rule set forth in 12 CFR 308.132(c)(3)(v) increasing the amount of any CMP that may be assessed pursuant to section 18(h) of the FDIA. The rule increased that amount from the maximum of $100, as stated in section 18(h) of the FDIA, to a maximum of $110 for each day the violation continues. 61 FR at 57989. 6 1 *See* Federal Deposit Insurance Reform Act of 2005, section 2104(c), Public Law 109-171, 120 Stat. 9, 13. 2 *See* An Act to Amend the Federal Deposit Insurance Act, section 2, Public Law 797, 64 Stat. 893 (1950). 3 The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), Public Law 101-187, 103 Stat. 187, amended section 18(h) of the FDIA making the provision applicable to “insured depository institutions” versus “insured banks.” *See* section 201(a), Public Law 101-187. 4 Public Law 104-134, 110 Stat. 1321-358, 373, amending section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 (“Inflation Adjustment Act”), 28 U.S.C. 2461 (2000). 5 The original version of 12 CFR 308.132(c)(3) applied to violations which occurred after November 12, 1996. However, the DCIA requires an adjustment of CMP's every four years. The provision was updated in 2000 and 2004, and the present version of 12 CFR 308.132(c)(3)(v) by its terms applies to violations that occur after December 31, 2004. The proposed amendment to 12 CFR 308.132(c)(3)(v), however, will apply to violations that occur after the effective date of the Reform Act to avoid retroactive application of this change. 6 Section 2104(c) of the Reform Act effectively returns the late assessment penalty on assessments of less than $10,000 to the original amount of up to $100. The Inflation Adjustment Act, *supra* note 4, may require a readjustment of this amount in 2008. The Reform Act contains the first major statutory changes to the late assessment penalty provisions in the FDIA. The FDIC proposes amending its rule concerning late assessment penalties, 12 CFR 308.132(c)(3)(v), to reflect the changes set forth in section 2104(c) of the Reform Act. II. Description of the Proposal Section 2104(c) of the Reform Act amends subsection

(h)of section 18 of the FDIA, 12 U.S.C. 1828(h), by changing the late assessment penalty from not more than $100 per day to not more than 1 percent of any assessment owed if the amount owed is $10,000 or more at the time the institution fails or refuses to pay the assessment. If the institution owes less than $10,000 at the time the institution fails or refuses to pay the assessment, then the amendment authorizes penalties up to $100 for each day that the violation continues. The Reform Act also provides for an exception if the failure to pay results from a dispute with the FDIC over the amount of the assessment and the institution deposits satisfactory security with the FDIC. The FDIC proposes to amend its rule concerning late assessment penalties by revising the paragraph presently found at 12 CFR 308.132(c)(3)(v) and replacing the paragraph with the language from section 2104(c) of the Reform Act. The late assessment penalty will change from a maximum of $110 per day to not more than 1 percent of the assessment owed if the institution owes an assessment of $10,000 or more at the time the institution refuses or fails to pay any assessment. 7 Additionally, if the amount the institution fails or refuses to pay is less than $10,000, the rule will authorize penalties up to $100 for each day that the violation continues. 7 The FDIC can also initiate a termination of insurance proceeding, pursuant to section 8(a) of the FDIA, 12 U.S.C. 1818(a), when an institution withholds portions of its insurance assessments. *Doolin Security Savings Bank* v. *FDIC,* 53 F.3d 1395, 1408 (4th Cir. 1995). Finally, the proposed rule would adopt the statutory provisions providing for an exception if the failure to pay results from a dispute with the FDIC over the amount of the assessment and the institution deposits satisfactory security with the FDIC. The proposed rule would also adopt the statutory provisions according the FDIC discretion to compromise, modify, or remit any penalty that the FDIC may assess upon a finding that good cause prevented the timely payment of an assessment. III. Regulatory Analysis and Procedure A. Solicitation of Comments on Use of Plain Language Section 722 of the Gramm-Leach-Bliley Act, Public Law 106-102, 113 Stat. 1338, 1471 (Nov. 12, 1999), requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. We invite your comments on how to make this proposal easier to understand. *For example:* • Have we organized the material to suit your needs? If not, how could this material be better organized? • Are the requirements in the proposed rule clearly stated? If not, how could the rule be more clearly stated? • Does the proposed rule contain language or jargon that is not clear? If so, which language requires clarification? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand? • What else could we do to make the rule easier to understand? B. Regulatory Flexibility Act The Regulatory Flexibility Act (“RFA”) requires that each Federal agency either certify that a proposed rule would not, if adopted in final form, have a significant economic impact on a substantial number of small entities or prepare an initial regulatory flexibility analysis of the proposal and publish the analysis for comment. *See* 5 U.S.C. 603, 604, 605. The proposed rule would amend the FDIC's rule concerning late assessment penalties to adopt statutory language enacted by Congress in the Reform Act. The proposed rule would not create any additional economic impact because, if an economic impact exists, the only economic impact results from the language of the statute. Therefore, the proposed rule would not have a significant economic impact on a substantial number of small entities if adopted in final form. C. Paperwork Reduction Act No collections of information pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) are contained in the proposed rule. D. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Rules and Policies on Families The FDIC has determined that the proposed rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Public Law 105-277, 112 Stat. 2681). List of Subjects in 12 CFR Part 308 Administrative practice and procedure, Bank deposit insurance, Banks, banking, Claims, Crime, Equal access to justice, Fraud, Investigations, Lawyers, Penalties. For the reasons set forth in the preamble, the FDIC proposes to amend Subpart H of 12 CFR 308 as follows: PART 308—RULES OF PRACTICE AND PROCEDURE 1. The authority citation continues to read as follows: Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 1815(e), 1817, 1818, 1820, 1828, 1829, 1829b, 1831i, 1831m(g)(4), 1831o, 1831p-1, 1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717; 15 U.S.C. 78(h) and (i), 78o-4(c), 78o-5, 78q-1, 78s, 78u, 78u-2, 78u-3 and 78w, 6801(b), 6805(b)(1); 28 U.S.C. 2461 note; 31 U.S.C. 330, 5321; 42 U.S.C. 4012a; Sec. 3100(s), Pub. L. 104-134, 110 Stat. 1321-358. 2. Revise paragraph (c)(3)(v) of section 308.132 as follows: § 308.132 Assessment of penalties.

(c)* * *

(3)* * *

(v)*Civil money penalties assessed pursuant to section 18(h) of the FDIA for failure to timely pay assessment* —(A) *In general.* Subject to paragraph (c)(3)(v)(C) of this section, any insured depository institution which fails or refuses to pay any assessment shall be subject to a penalty in an amount of not more than 1 percent of the amount of the assessment due for each day that such violation continues.

(B)*Exception in case of dispute.* Paragraph (c)(3)(v)(A) of this section shall not apply if— ( *1* ) The failure to pay an assessment is due to a dispute between the insured depository institution and the Corporation over the amount of such assessment; and ( *2* ) The insured depository institution deposits security satisfactory to the Corporation for payment upon final determination of the issue.

(C)*Special rule for small assessment amounts.* If the amount of the assessment which an insured depository institution fails or refuses to pay is less than $10,000 at the time of such failure or refusal, the amount of any penalty to which such institution is subject under paragraph (c)(3)(v)(A) of this section shall not exceed $100 for each day that such violation continues.

(D)*Authority to modify or remit penalty.* The Corporation, in the sole discretion of the Corporation, may compromise, modify or remit any penalty which the Corporation may assess or has already assessed under paragraph (c)(3)(v)(A) of this section upon a finding that good cause prevented the timely payment of an assessment. By order of the Board of Directors. Dated at Washington, DC, this 11th day of July, 2006. Federal Deposit Insurance Corporation. Valerie Best, Assistant Executive Secretary. [FR Doc. E6-11423 Filed 7-18-06; 8:45 am] BILLING CODE 6714-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25388; Directorate Identifier 2006-NM-086-AD] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes equipped with certain hydraulic accumulators. This proposed AD would require inspecting the hydraulic accumulators to identify certain serial numbers, and replacing any affected accumulator with a new or serviceable accumulator. Operators may delay doing the replacement by doing repetitive inspections of the affected hydraulic accumulators for signs of failure (leaking or cracking), and replacing any failed accumulator with a new or serviceable unit. This proposed AD results from a report that one hydraulic accumulator failed in service, which caused the loss of the yellow hydraulic system when the airplane was configured for landing. We are proposing this AD to prevent damage to the pressure skin, failure of certain hydraulic systems, contamination of the cabin with hydraulic mist, increased workload for the flightcrew associated with the loss of one or more hydraulic circuits, and consequent reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by August 18, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-2125; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2006-25388; Directorate Identifier 2006-NM-086-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion We have received reports that an unsafe condition may exist on BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes that have hydraulic accumulators, part number (P/N) AIR91666-0, -1, and -2, installed. The European Aviation Safety Agency

(EASA)advises that the manufacturer identified two batches of defective hydraulic accumulators after one accumulator burst in service, which caused the loss of the yellow hydraulic system when the airplane was configured for landing. The landing was completed without further incident. The accumulator was found in the hydraulics bay, detached from its mounting, and shrapnel debris had punctured the pressure skin. Metallurgical examination revealed a pre-existing flaw in the accumulator cylinder casing. A second accumulator with a material flaw in the cylinder casing was identified by non-destructive testing during component overhaul. Further investigation showed that a total of 54 accumulators, P/N AIR91666, were manufactured without the required inspection processes being applied to the cylinder casings. Material flaws within the cylinder could cause the unit to burst in service, resulting in damage to the pressure skin and loss of any services supplied by the system that is connected to the failed accumulator. These services include flaps, lift and roll spoilers, rudder, airbrake, landing gear actuators, nose wheel steering, and wheel brakes. This condition, if not corrected, could result in damage to the pressure skin, failure of certain hydraulic systems, contamination of the cabin with hydraulic mist, increased workload for the flightcrew associated with the loss of one or more hydraulic circuits, and consequent reduced controllability of the airplane. Relevant Service Information BAE Systems (Operations) Limited has issued Service Bulletin ISB.29-A046, dated March 14, 2006. The service bulletin describes procedures for inspecting to identify specified serial numbers of hydraulic accumulators with P/N AIR91666-0, -1, and -2 in the yellow and green hydraulic systems and, if applicable, the forward airstairs. If any affected serial number is installed, the service bulletin provides procedures for replacing it before further flight with a new or serviceable unit. A serviceable accumulator is defined as one that is not part of the affected batch, or one on which APPH Service Bulletin AIR91666-29-02, dated March 2006 (described below), has been accomplished. In lieu of replacement, the service bulletin specifies doing the replacement within 135 days provided that operators do repetitive detailed visual inspections for signs of failure (leaks or cracking), and replacing the accumulator with a new or serviceable unit if necessary. The repetitive interval is 48 hours, or before further flight following a report of hydraulic fumes in the cabin air supply, or after a hydraulic fluid low-level warning. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The EASA mandated Service Bulletin ISB.29-A046, and issued emergency airworthiness directive 2006-0061-E [Corrected], dated March 17, 2006, to ensure the continued airworthiness of these airplanes in the European Union. The BAE Systems (Operations) Limited service bulletin refers to APPH Service Bulletin AIR91666-29-02, dated March 2006, as an additional source of service information for determining if an accumulator is a serviceable accumulator. The procedures include disassembling the accumulator cylinder and testing it for cracking. U.S. Type Certification of the Airplane These airplane models are manufactured in the United Kingdom and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to FAA Order 8100.14A, “Interim Procedures for Working with the European Community on Airworthiness Certification and Continued Airworthiness,” dated August 12, 2005, the EASA has kept the FAA informed of the situation described above. We have examined the EASA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Clarifications of Service Information Although the BAE Systems (Operations) Limited service bulletin does not specify procedures to follow if more than one affected hydraulic accumulator is found on a single airplane, this proposed AD, in parallel with the EASA airworthiness directive, would allow only one affected hydraulic accumulator to remain in service on the airplane and subject to the proposed repetitive inspections. The BAE Systems (Operations) Limited service bulletin specifies a detailed visual inspection for signs of leaking. In this proposed AD, we refer to that inspection as a “detailed inspection.” We have included a definition of a detailed inspection in Note 2 of this proposed AD. Although the BAE Systems (Operations) Limited service bulletin specifies replacing the accumulator within 135 days provided that operators do repetitive detailed visual inspections for signs of failure, this proposed AD would require this replacement within 75 days after the effective date of this proposed AD. This compliance time parallels the compliance time for the replacement that is specified in EASA emergency airworthiness directive 2006-0061-E [Corrected]. Changes to 14 CFR Part 39/Effect on the AD Relating to Special Flight Permits On July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's airworthiness directives system. The regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance (AMOCs). This material is included in part 39, except that the office authorized to approve AMOCs is identified in each individual AD. However, as amended, part 39 provides for the FAA to add special requirements for operating an airplane to a repair facility to do the work required by an airworthiness directive. For the purposes of this proposed AD, we have determined that such a special flight permit would be limited before all affected hydraulic actuators are replaced on the airplane. A special flight permit is allowed only if the airplane has not flown more than 5 flight cycles since the last inspection done in accordance with paragraph (g)(2) or (g)(3) of this proposed AD, as applicable; and if the flight can be accomplished in one flight cycle with the airplane unpressurized. Costs of Compliance This proposed AD would affect about 42 airplanes of U.S. registry. The proposed inspection to determine the serial number would take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $3,360, or $80 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Docket No. FAA-2006-25388; Directorate Identifier 2006-NM-086-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by August 18, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes; and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any category; equipped with hydraulic accumulators part number (P/N) AIR91666-0, -1, or -2 installed. Unsafe Condition

(d)This AD results from report that one hydraulic accumulator failed in service, which caused the loss of the yellow hydraulic system when the airplane was configured for landing. We are issuing this AD to prevent damage to the pressure skin, failure of certain hydraulic systems, contamination of the cabin with hydraulic mist, increased workload for the flightcrew associated with the loss of one or more hydraulic circuits, and consequent reduced controllability of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection To Determine Serial Number

(f)Within 48 hours after the effective date of this AD, inspect all P/N AIR91666-0, -1, and -2 hydraulic accumulators to determine whether any hydraulic accumulator is installed that has a serial number (S/N) identified in paragraph C of the Accomplishment Instructions of BAE Systems (Operations) Limited Service Bulletin ISB.29-A046, dated March 14, 2006. A review of airplane maintenance records is acceptable in lieu of this inspection if the S/N can be conclusively determined from that review. Replacement or Repetitive Inspections

(g)If any accumulator with an affected S/N is identified during the inspection required by paragraph

(f)of this AD, do the action in paragraph (g)(1) or (g)(2) of this AD. Do all actions in accordance with the Accomplishment Instructions of BAE Systems (Operations) Limited Service Bulletin ISB.29-A046, dated March 14, 2006, except where the service bulletin specifies to submit certain information to the manufacturer, this AD does not include that requirement.

(1)Before further flight: Replace the hydraulic accumulator with a new or serviceable accumulator.

(2)Before further flight: Do a detailed inspection for signs of failure (leaking or cracking) of the hydraulic accumulator, and replace any failed accumulator before further flight. If there is no sign of failure, repeat the inspection thereafter at the applicable interval in paragraph (g)(2)(i) or (g)(2)(ii) of this AD. Within 75 days after the effective date of this AD, replace the affected hydraulic accumulator with a new or serviceable accumulator. Doing the replacement terminates the repetitive inspections.

(i)At intervals not to exceed 48 hours.

(ii)Before further flight following a report of hydraulic fumes in the cabin air supply, or after a hydraulic fluid low-level warning; and thereafter at intervals not to exceed 48 hours.

(h)For airplanes on which more than one affected accumulator is identified during the inspection required by paragraph

(f)of this AD: Within 12 days after the effective date of this AD, replace any affected accumulator in accordance with paragraph (g)(1) of this AD so that no more than one accumulator with an affected S/N remains on the airplane; and inspect any remaining accumulator at the applicable interval in paragraph (g)(2) of this AD. Note 1: BAE Systems (Operations) Limited Service Bulletin ISB.29-A046, dated March 14, 2006, refers to APPH Service Bulletin AIR91666-29-02, dated March 2006, as an additional source of service information for determining if an accumulator is a serviceable accumulator. The procedures include disassembling the accumulator cylinder, and testing it for cracking. Note 2: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Parts Installation

(i)Except as provided by paragraph (g)(2) of this AD: As of the effective date of this AD, no hydraulic accumulator having P/N AIR91666-0, -1, or -2 that has an S/N identified in paragraph C of the Accomplishment Instructions of BAE Systems (Operations) Limited Service Bulletin ISB.29-A046, dated March 14, 2006, may be installed on any airplane except for accumulators on which the actions specified in the Accomplishment Instructions of APPH Service Bulletin AIR91666-29-02, dated March 2006, have been done. Special Flight Permit Limited

(j)Using special flight permits (14 CFR 21.197 and 21.199) before all affected hydraulic actuators are replaced on the airplane is allowed only if the airplane has not flown more than 5 flight cycles since the last inspection done in accordance with paragraph (g)(2) or

(h)of this AD, as applicable; and if the flight can be accomplished in one flight cycle with the airplane unpressurized. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information

(l)EASA emergency airworthiness directive 2006-0061-E [Corrected], dated March 17, 2006, also addresses the subject of this AD. Issued in Renton, Washington, on July 11, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-11415 Filed 7-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25389; Directorate Identifier 2006-NM-059-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330, A340-200, and A340-300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to all Airbus Model A330, A340-200, and A340-300 series airplanes. The existing AD currently requires repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; replacement of the bracket with a new, improved bracket; and related investigative and corrective actions if necessary. This proposed AD would add a requirement for replacement of the existing bracket with a titanium-reinforced bracket, which would end the repetitive inspections in the existing AD. This proposed AD would also require related investigative and corrective actions while accomplishing the replacement, and would reduce the applicability in the existing AD. This proposed AD results from a report of cracking damage found on certain brackets that were replaced per the requirements in the existing AD. We are proposing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by August 18, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-2797; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. FAA-2006-25389; Directorate Identifier 2006-NM-059-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion On March 8, 2005, we issued AD 2005-06-08, amendment 39-14016 (70 FR 13345, March 21, 2005), for all Airbus Model A330, A340-200, and A340-300 series airplanes. That AD requires repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; replacement of the bracket with a new, improved bracket; and related investigative and corrective actions if necessary. That AD resulted from reports of cracking of a certain bracket that attaches the flight deck instrument panel to the airplane structure. We issued that AD to detect and correct a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane. Actions Since Existing AD Was Issued Since AD 2005-06-08 was issued, cracking damage found on certain brackets that were replaced per the requirements in the existing AD. In addition, the preamble to AD 2005-06-08 explained that we considered the requirements “interim action” and were considering further rulemaking. We now have determined that further rulemaking is indeed necessary, and this proposed AD follows from that determination. Relevant Service Information Airbus has issued Service Bulletins A330-25-3227 and A340-25-4230, both Revision 01, both dated May 3, 2005. (The original issue of the service bulletins was referenced as the appropriate source of service information for accomplishing the actions in the existing AD.) Revision 01 of the service bulletins is essentially the same as the original. Airbus has also issued new Service Bulletins A330-25-3249 and A340-25-4245, both dated May 3, 2005. The service bulletins describe procedures for replacing the existing bracket that attaches the flight deck instrument panel to the airplane structure with a titanium-reinforced bracket, and related investigative and corrective actions if necessary. The replacement eliminates the need for the repetitive inspections. The related investigative action includes a detailed inspection for cracking of the bracket; the corrective action includes a detailed inspection of the horizontal beam if two lugs are fully broken. The service bulletins recommend contacting Airbus for repair of cracking. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The European Aviation Safety Agency

(EASA)mandated the service information and issued airworthiness directives 2006-0045 and 2006-0047, both dated February 16, 2006, to ensure the continued airworthiness of these airplanes in the European Union. FAA's Determination and Requirements of the Proposed AD These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in FAA Order 8100.14A, “Interim Procedures for Working with the European Community on Airworthiness Certification and Continued Airworthiness,” dated August 12, 2005, the EASA has kept the FAA informed of the situation described above. We have examined the EASA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. This proposed AD would supersede AD 2005-06-08 and would retain certain requirements of the existing AD; however, the reporting requirement is no longer necessary and is not retained in this proposed AD. This proposed AD would also require accomplishing the actions specified in the new service information described previously, except as discussed under “Differences Between Proposed AD and EASA Airworthiness Directives.” Differences Between Proposed AD and EASA Airworthiness Directives The referenced EASA airworthiness directives require contacting Airbus for instructions on how to repair certain conditions. This proposed AD requires repairing those conditions using a method that we or the EASA approve. In light of the type of repair that would be required to address the unsafe condition, and consistent with existing bilateral airworthiness agreements, we have determined that, for this proposed AD, a repair we or the EASA (or its delegated agent) approve would be acceptable for compliance with this proposed AD. In addition, the referenced EASA airworthiness directives are not clear regarding the requirement to replace not only brackets having part number (P/N) F2511012920000 but also brackets having P/N F2511012920095 (the P/N for the replacement bracket in the existing AD). We have clarified that brackets with the latter P/Ns must also be replaced with titanium-reinforced brackets having P/N F2511305220096, since both of these brackets are susceptible to eventual cracking damage. Airbus Service Bulletins A330-25-3227 and A340-25-4230 specify replacing brackets having P/N F2511012920000 with brackets having P/N F2511012920095, and both P/Ns are subject to repetitive inspection requirements. The proposed AD clarifies that both P/Ns would be required to be replaced, as specified in paragraph

(k)of the new requirements. Although the referenced EASA airworthiness directives specify the bracket location as “the left-hand bracket,” this proposed AD does not include that description. The part numbers for affected brackets are located only on the left-hand side of the cockpit instrument panel; therefore, we have used the term “certain brackets” to be consistent with the language used in the existing AD. Clarification of Alternative Method of Compliance

(AMOC)Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Costs of Compliance This proposed AD would affect about 24 Model A330 series airplanes of U.S. registry. The inspections that are required by AD 2005-06-08 and retained in this proposed AD take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the currently required actions is $80 per airplane, per inspection cycle. The new proposed replacement and investigative actions would take about 9 work hours per airplane, at an average labor rate of $80 per work hour. Required parts would cost about $330 per airplane. Based on these figures, the estimated cost of the new actions specified in this proposed AD for U.S. operators is $25,200, or $1,050 per airplane. There are currently no affected Model A340-200 and -300 series airplanes of U.S. registry. However, if one of these airplanes is imported and put on the U.S. Register in the future, these cost estimates would also apply to those airplanes. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-14016 (70 FR 13345, March 21, 2005) and adding the following new airworthiness directive (AD): **Airbus:** Docket No. FAA-2006-25389; Directorate Identifier 2006-NM-059-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by August 18, 2006. Affected ADs

(b)This AD supersedes AD 2005-06-08. Applicability

(c)This AD applies to Airbus Model A330, A340-200, and A340-300 series airplanes; certificated in any category; except airplanes on which Airbus Modification 53446 has been incorporated in production. Unsafe Condition

(d)This AD results from a report of cracking damage found on certain brackets that were replaced to address an unsafe condition. We are issuing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of Certain Requirements of AD 2005-06-08 Service Bulletin Reference

(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of Airbus Service Bulletins A330-25-3227 (for Model A330 series airplanes) and A340-25-4230 (for Model A340-200 and -300 series airplanes), both Revision 01, both dated May 3, 2005; as applicable. Accomplishment before the effective date of this AD of Airbus Service Bulletins A330-25-3227 and A340-25-4230, both including Appendix 01; both dated June 17, 2004; as applicable, is an acceptable means of compliance for paragraphs (g), (h), and

(i)of this AD. Initial Inspection

(g)At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, perform a detailed inspection of the bracket having part number (P/N) F2511012920000, which attaches the flight deck instrument panel to airplane structure, in accordance with the service bulletin.

(1)For Model A330 series airplanes: Prior to the accumulation of 16,500 total flight cycles, or within 60 days after April 25, 2005 (the effective date of AD 2005-06-08), whichever is later.

(2)For Model A340-200 and -300 series airplanes: Prior to the accumulation of 9,700 total flight cycles, or within 2,700 flight cycles after April 25, 2005, whichever is later. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” No Cracking/Repetitive Inspections

(h)If no crack is found during the initial inspection required by paragraph

(g)of this AD: Repeat the inspection thereafter at the applicable interval specified in paragraph (h)(1) or (h)(2) of this AD, until the replacement specified in paragraph

(k)of this AD has been accomplished.

(1)For Model A330 series airplanes: Intervals not to exceed 13,800 flight cycles.

(2)For Model A340-200 and -300 series airplanes: Intervals not to exceed 7,000 flight cycles. Crack Found/Replacement and Repetitive Inspections

(i)If any crack is found during any inspection required by paragraph

(g)or

(h)of this AD: Do the actions in paragraphs (i)(1) and (i)(2) of this AD, except as provided by paragraph

(j)of this AD, until accomplishment of the replacement required by paragraph

(k)of this AD.

(1)Before further flight: Replace the cracked bracket with a new, improved bracket having P/N F2511012920095, in accordance with the service bulletin.

(2)Repeat the inspection of the replaced bracket as required by paragraph

(g)of this AD, at the time specified in paragraph (i)(2)(i) or (i)(2)(ii) of this AD. Then, do repetitive inspections or replace the bracket as specified in paragraph

(h)or

(i)of this AD, as applicable.

(i)For Model A330 series airplanes: Within 16,500 flight cycles after replacing the bracket.

(ii)For Model A340-200 and -300 series airplanes: Within 9,700 flight cycles after replacing the bracket.

(j)If both flanges of a bracket are found broken during any inspection required by this AD: Before further flight, replace the bracket as specified in paragraph

(i)of this AD and perform any applicable related investigative and corrective actions (which may include inspections for damage to surrounding structure caused by the broken bracket, and corrective actions for any damage that is found), in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency

(EASA)(or its delegated agent). New Requirements of This AD Replacement of Brackets/Investigative and Corrective Actions

(k)Except as required by paragraph (i)(1) of this AD: Within 72 months after the effective date of this AD, replace existing brackets having P/N F2511012920000 or P/N F2511012920095 with titanium-reinforced brackets having P/N F2511305220096; and perform any related investigative and corrective actions (which may include detailed inspections for cracking of the bracket or damage to surrounding structure caused by a broken bracket, and applicable corrective actions for any damage that is found); in accordance with the service bulletin. If any crack is found, before further flight, repair in accordance with the service bulletin. Replacement of the affected bracket with a titanium-reinforced bracket having P/N F2511305220096 ends the repetitive inspections required by paragraph

(h)or

(i)of this AD. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information

(m)EASA airworthiness directives 2006-0045 and 2006-0047, both dated February 16, 2006, also address the subject of this AD. Issued in Renton, Washington, on July 11, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-11417 Filed 7-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to certain Fokker Model F.28 Mark 0070 and 0100 airplanes. The existing AD currently requires a one-time inspection of the sliding members in the main landing gear

(MLG)for cracking and replacement of the sliding members with serviceable parts if necessary. This proposed AD would require repetitive magnetic particle inspections of the sliding members of the MLG for cracking and corrective actions as necessary. This proposed AD results from inspection findings that have shown repetitive inspections are needed to establish fleet safety. We are proposing this AD to detect and correct fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers. DATES: We must receive comments on this proposed AD by August 18, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-1137; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(MLG)for cracking and replacement of the sliding members with serviceable parts if necessary. That AD resulted from a report of the sliding member of the left MLG breaking off during pushback of the airplane from the gate. We issued that AD to prevent fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers. Actions Since Existing AD Was Issued Since we issued AD 2004-08-01, the Civil Aviation Authority—The Netherlands (CAA-NL), has notified us that the unsafe condition of that AD may still exist on certain Fokker Model F.28 Mark 0070 and 0100 airplanes. Based on findings from inspections mandated by Dutch airworthiness directive 2002-060, dated April 29, 2002, and Dutch airworthiness directive 2004-046, dated April 20, 2004, the CAA-NL advises that repetitive inspections are needed to establish fleet safety. (The CAA-NL issued Dutch airworthiness directive 2002-060 to address the unsafe condition of AD 2004-08-01 on airplanes in the Netherlands. Subsequently, the CAA-NL also issued Dutch airworthiness directive 2004-046 to require an additional one-time inspection of the sliding members of the MLG for cracking.) Fatigue cracking of the sliding member of the MLG, if not corrected, could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers. Relevant Service Information Fokker Services B.V. has issued Service Bulletin SBF100-32-144, dated September 19, 2005. The service bulletin describes procedures for doing repetitive magnetic particle inspections of the sliding members of the left and right MLG for cracking and related investigative action and corrective actions as necessary. The related investigative action is an optional penetrant flaw detection check of a sliding member for cracking, which can be performed to verify the findings of the magnetic particle inspection. The corrective actions include removing any surface damage from the radius and replacing any cracked sliding member with a serviceable part. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The CAA-NL mandated the service information and issued Dutch airworthiness directive NL-2005-012, dated October 17, 2005, to ensure the continued airworthiness of these airplanes in the Netherlands. Fokker Service Bulletin SBF100-32-144 refers to Messier-Dowty Service Bulletin F100-32-110, dated August 25, 2005, as an additional source of service information for accomplishing the magnetic particle inspection. Fokker Services B.V. also has issued Service Bulletin SBF100-32-139, dated March 5, 2004. The procedures in Fokker Service Bulletin SBF100-32-139 are essentially the same as those in Fokker Service Bulletin SBF100-32-133, dated April 1, 2002, which we referenced in AD 2004-08-01 as the appropriate source of service information for accomplishing a one-time magnetic inspection. The CAA-NL mandated Fokker Service Bulletin SBF100-32-139 and issued Dutch airworthiness directive 2004-046 to require an additional one-time magnetic inspection of the sliding members of the MLG for cracking. Fokker Service Bulletin SBF100-32-139 refers to Messier-Dowty Service Bulletin F100-32-105, dated March 2, 2004, as an additional source of service information for accomplishing the magnetic inspection. FAA's Determination and Requirements of the Proposed AD These airplane models are manufactured in the Netherlands and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the CAA-NL has kept the FAA informed of the situation described above. We have examined the CAA-NL's findings, evaluated all pertinent information, and determined that AD action is necessary for airplanes of this type design that are certificated for operation in the United States. This proposed AD would supersede AD 2004-08-01 and would retain the requirements of the existing AD. This proposed AD would also require accomplishing the actions specified in service bulletin described previously, except as discussed under “Differences Among the Proposed AD, Dutch Airworthiness Directive, and Service Bulletin.” Differences Among the Proposed AD, Dutch Airworthiness Directive, and Service Bulletin Paragraph

(d)of Dutch airworthiness directive NL-2005-012 requires a magnetic inspection of the MLG sliding members before further flight after every high drag load landing. Also, paragraph

(e)of Dutch airworthiness directive NL-2005-012 requires an inspection of the MLG sliding members within 50 flight hours after the airplane brakes are applied during backward movement of the airplane. Fokker Service Bulletin SBF-100-32-144 also recommends accomplishing these inspections in paragraphs 1.E.(4) and

(5)of the service bulletin. This proposed AD, however, does not require either of those inspections since there is no legal way to track high drag load landings or application of the brakes during backward movement of the airplane. We have coordinated these differences with the CAA-NL. Change to Existing AD This proposed AD would retain all requirements of AD 2004-08-01. Since AD 2004-08-01 was issued, the AD format has been revised, and certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: Revised Paragraph Identifiers Requirement in AD 2004-08-01 Corresponding requirement in this proposed AD paragraph

(a)paragraph (f). paragraph

(b)paragraph (g). paragraph

(c)paragraph (h). Costs of Compliance This proposed AD would affect about 37 airplanes of U.S. registry. The inspection that is required by AD 2004-08-01 and retained in this proposed AD takes either about 4 or 12 work hours per airplane, depending on airplane configuration, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the currently required actions is either $320 or $960 per airplane, depending on airplane configuration. The new proposed inspections would take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the new inspections specified in this proposed AD for U.S. operators is $5,920, or $160 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-13570 (69 FR 19759, April 14, 2004) and adding the following new airworthiness directive (AD): **Fokker Services B.V.:** Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by August 18, 2006. Affected ADs

(b)This AD supersedes AD 2004-08-01. Applicability

(c)This AD applies to Fokker Model F.28 Mark 0070 and 0100 airplanes, certificated in any category; equipped with any Dowty or Messier-Dowty main landing gear

(MLG)listed in Table 1 of this AD. Table 1.—Affected Parts MLG Part No. (P/N)— Equipped with sliding member P/N— 201072011 201072301 or 201072305. 201072012 201072301 or 201072305. 201072013 201072301 or 201072305. 201012014 201072301 or 201072305. 201072015 201072301 or 201072305. 201072016 201072301 or 201072305. Unsafe Condition

(d)This AD results from inspection findings that have shown repetitive inspections are needed to establish fleet safety. We are issuing this AD to detect and correct fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2004-08-01 Inspection and Replacement if Necessary

(f)Within 1,000 flight cycles or six months after May 19, 2004 (the effective date of AD 2004-08-01), whichever occurs first, perform a magnetic inspection of the sliding members of the MLG for cracking, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-133, dated April 1, 2002. If any crack is found during the inspection, before further flight, replace the sliding members with serviceable parts in accordance with the Accomplishment Instructions of the service bulletin. Note 1: Fokker Service Bulletin SBF100-32-133, dated April 1, 2002, refers to Messier-Dowty Service Bulletin F100-32-103, dated March 11, 2002, as an additional source of service information. Parts Installation With Accomplishment of New Service Bulletins

(g)As of May 19, 2004, no person may install a sliding member of the MLG, P/N 201072301 or P/N 201072305, on any airplane, unless it has been inspected in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-133, dated April 1, 2002; Fokker Service Bulletin SBF100-32-139, dated March 5, 2004; or Fokker Service Bulletin SBF100-32-144, dated September 19, 2005; and found to be serviceable. Note 2: Fokker Service Bulletin SBF100-32-139, dated March 5, 2004, refers to Messier-Dowty Service Bulletin F100-32-105, dated March 2, 2004, as an additional source of service information for accomplishing a magnetic inspection. Note 3: Fokker Service Bulletin SBF100-32-144, dated September 19, 2005, refers to Messier-Dowty Service Bulletin F100-32-110, dated August 25, 2005, as an additional source of service information for accomplishing a magnetic inspection. Reporting Requirement Difference

(h)Although Fokker Service Bulletin SBF100-32-133, dated April 1, 2002, specifies to submit certain information to the manufacturer, this AD does not include such a requirement. New Requirements of This AD Repetitive Inspections

(i)At the later of the compliance times specified in paragraphs (i)(1) and (i)(2) of this AD: Do a magnetic inspection of the sliding members of the left and right MLG for cracking, and do all corrective actions before further flight after the inspection, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-144, dated September 19, 2005. Repeat the inspection thereafter at intervals not to exceed 2,000 flight cycles.

(1)Within 2,000 flight cycles after accomplishing paragraph

(f)of this AD.

(2)Within 4 months after the effective date of this AD. Credit for Fokker Service Bulletin SBF100-32-139

(j)Actions done before the effective date of this AD in accordance with Fokker Service Bulletin SBF100-32-139, dated March 5, 2004, are acceptable for compliance with the corresponding requirements of paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(l)Dutch airworthiness directive NL-2005-012, dated October 17, 2005, also addresses the subject of this AD. Issued in Renton, Washington, on July 7, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-11416 Filed 7-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25390; Directorate Identifier 2005-NM-224-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 767 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for certain Boeing Model 767 airplanes. This proposed AD would require repetitive inspections for cracking of the wing skin, and related investigative/corrective actions if necessary. This proposed AD results from reports of cracks found in the lower wing skin originating at the forward tension bolt holes of the aft pitch load fitting. We are proposing this AD to detect and correct such cracking in the lower wing skin for the forward tension bolt holes at the aft pitch load fitting, which could result in a fuel leak and reduced structural integrity of the airplane. DATES: We must receive comments on this proposed AD by September 5, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Steven C. Fox, Senior Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)917-6425; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2006-25390; Directorate Identifier 2005-NM-224-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion We have received reports indicating that cracks have been found in the lower wing skin, originating at the forward tension bolt holes of the aft pitch load fitting, on several Boeing Model 767-200 series airplanes. The cracks varied in length from 0.04 to 0.63 inch, though none extended through the thickness of the wing skin. Crack initiation has been attributed to skin stresses due to wing bending combined with the high bolt clamp-up load. Cracking at the forward tension bolt holes, common to the aft pitch fitting and backup fitting, is caused by fatigue. Cracking in the lower wing skin for the forward tension bolt holes at the aft pitch load fitting, if not detected and corrected, could result in a fuel leak and reduced structural integrity of the airplane. Relevant Service Information We have reviewed Boeing Alert Service Bulletin

(ASB)767-57A0097, dated September 29, 2005. The ASB describes procedures for the following: • Doing external high frequency eddy current

(HFEC)or dye penetrant inspections for cracking of the left and right wing surfaces at the aft pitch load fitting, and doing any corrective action as necessary. The corrective action includes reworking the wing surface to remove all indication of cracking in accordance with Part 2 of the Accomplishment Instructions. The service bulletin advises that, if any indication of cracking cannot be completely removed, the corrective action is repairing the cracking with a freeze plug in accordance with Part 3 of the Accomplishment Instructions. If the repair cannot be accomplished within the limits specified in Part 3, the service bulletin advises that the corrective action is to contact the manufacturer for repair instructions. • Doing an open hole HFEC inspection for cracking and rework (including installing new tension bolts) of the forward tension bolt holes at the aft pitch load fitting, and doing any corrective action as necessary. The corrective action includes oversizing the fastener hole within certain limits. If cracking is outside the limits specified in Part 2 of the Accomplishment Instructions, the service bulletin advises to repair the cracking in accordance with Part 3 of the accomplishment instructions. If repair is necessary outside the limits specified in Part 3, the service bulletin advises that the corrective action is to contact the manufacturer. • Doing an internal HFEC inspection and external HFEC inspections of the left and right wing surfaces for any cracking; and doing any corrective action as necessary, which includes reworking the wing surface to remove all indication of cracking in accordance with Part 2 of the Accomplishment Instructions. If any indication of cracking cannot be completely removed, the service bulletin advises that the corrective action is repairing the cracking with a freeze plug in accordance with Part 3 of the Accomplishment Instructions. If the repair cannot be accomplished within the limits specified in Part 3 of the Accomplishment Instructions, the corrective action is to contact the manufacturer for repair instructions. The ASB also specifies certain actions and compliance times for airplanes on which the actions described in the following Boeing Service Bulletins have been accomplished: 767-54-0080, 767-54-0081, or 767-54-0082. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. Related ADs We have previously issued the following two ADs that require modifying the nacelle strut and wing structure: AD 2000-19-09, amendment 39-11910 (65 FR 58641, October 2, 2000); and AD 2004-16-12, amendment 39-13768 (69 FR 51002, August 17, 2004). Those two ADs reference, as applicable, Boeing Service Bulletins 767-54-0080, Revision 1, dated May 9, 2002; 767-54-0081, dated July 29, 1999; and 767-54-0082, dated October 28, 1999, as appropriate sources of service information. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between the Proposed AD and the ASB.” Differences Between the Proposed AD and the ASB The ASB specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Additionally, the ASB is not clear regarding what repair actions should be taken if cracking is found during an inspection accomplished in accordance with Part 1 of the ASB. We have determined that inspections accomplished in accordance with Part 1 of the ASB are intended to find a crack that is long enough to go beyond the edge of the fitting. Since rework specified in Part 2 of the ASB consists of a small oversize of the holes, any cracking found during the Part 1 inspection would be outside the limits of the repairs in Part 2 of the ASB. This proposed AD would require that any cracking found outside the limits of Part 1 of the ASB be repaired in accordance with freeze plug repair specified in Part 3 of the ASB. Any cracking found outside the limits of Part 3 of the ASB must be repaired in accordance with a method approved by the Manager of the Seattle ACO. Boeing has agreed with this clarification. Operators should also note that, although the Accomplishment Instructions of the referenced service bulletin describe procedures for submitting a report of damage found, this proposed AD would not require that action. Costs of Compliance There are about 918 airplanes of the affected design in the worldwide fleet, and about 387 airplanes on the U.S. Registry. The following table provides the estimated costs, at an average labor rate of $80 per hour, for U.S. operators to comply with this proposed AD. Estimated Costs Action Work hours Parts Cost per airplane Fleet cost Inspection, per inspection cycle (Part 1) 8 None $640 $247,680. Inspection, rework, and bolt installation (Part 2) 8 Between $303 and $12,716 Between $943 and $13,356 Between $364,941, and $5,168,772. Repetitive Inspections for certain airplanes (Part 4) 4 None $320, per inspection cycle $123,840, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Boeing:** Docket No. FAA-2006-25390; Directorate Identifier 2005-NM-224-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by September 5, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Boeing Model 767-200, -300, -300F, and -400ER series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 767-57A0097, dated September 29, 2005. Unsafe Condition

(d)This AD results from reports of cracks found in the lower wing skin originating at the forward tension bolt holes of the aft pitch load fitting. We are issuing this AD to detect and correct such cracking in the lower wing skin for the forward tension bolt holes at the aft pitch load fitting, which could result in a fuel leak and reduced structural integrity of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. External Inspections of the Wing Skin

(f)For airplanes specified as Group 1, Configuration 1, 2, 3, or 6; Group 2, Configuration 1, 2, 3, or 6; and Group 3, Configuration 1 or 3, as specified in Boeing Alert Service Bulletin

(ASB)767-57A0097, dated September 29, 2005: Prior to the accumulation of 10,000 total flight cycles, or within 3,000 flight cycles after the effective date of this AD, whichever occurs later, perform the detailed inspection and the external high frequency eddy current

(HFEC)or dye penetrant inspections for cracking as specified in Part 1 of the Accomplishment Instructions of the ASB. Repeat at intervals not to exceed 3,000 flight cycles until the requirements of paragraph

(g)or

(i)of this AD are accomplished. Internal Inspections of the Wing Skin

(g)For airplanes specified in paragraphs (g)(1) and (g)(2) of this AD: Perform the bolt open-hole inspections for cracking in accordance with Part 2 of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated September 29, 2005, at the times specified in paragraphs (g)(1) or (g)(2) of this AD, as applicable, until the requirements of paragraphs

(h)or

(i)of this AD are accomplished.

(1)For airplanes on which the actions specified in Boeing SB 767-54-0080, Revision 1, dated May 9, 2002; 767-54-0081, dated July 29, 1999; or 767-54-0082, dated October 28, 1999, have been accomplished prior to the effective date of this AD: Within 16,500 flight cycles after accomplishment of Boeing SB 767-54-0080, 767-54-0081, or 767-54-0082, or within 3,000 flight cycles after the effective date of this AD, whichever occurs later. Repeat the inspections at intervals not to exceed 16,500 flight cycles.

(2)For airplanes on which the actions specified in Boeing Service Bulletin 767-54-0080, Revision 1, dated May 9, 2002; 767-54-0081, dated July 29, 1999; and 767-54-0082, dated October 28, 1999, have not been accomplished as of the effective date of this AD: Before the accumulation of 20,000 total flight cycles, or within 72 months after the effective date of this AD, whichever occurs later. Repeat the inspections at intervals not to exceed 16,500 flight cycles. Acceptable Method of Compliance with Paragraph

(g)of this AD

(h)For all airplanes, regardless of whether Boeing Service Bulletins 767-54-0080, Revision 1, dated May 9, 2002; 767-54-0081, dated July 29, 1999; or 767-54-0082, dated October 28, 1999, have been accomplished: Accomplishing the inspections specified in Part 1 of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated September 29, 2005, within 3,000 flight cycles after the accomplishment of the most recent inspection done in accordance with paragraph

(g)of this AD (Part 2 of the Accomplishment Instructions of the ASB), and repeating the Part 1 inspections at intervals not to exceed 3,000 flight cycles is an acceptable method of compliance with the repetitive inspection requirements of paragraph

(g)of this AD. Repair of Cracking

(i)If cracking is found during any inspection required by paragraph (f), (g), or

(h)of this AD: Before further flight, accomplish the freeze plug repair in accordance with Part 3 of Boeing ASB 767-57A0097, dated September 29, 2005. If any cracking is outside the limits specified in Part 3 of the ASB, before further flight, repair in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO). For airplanes on which the repair specified in paragraph

(i)of this AD has been accomplished on only one wing, continue the inspections specified by paragraphs

(f)and

(g)of this AD on the wing on which the repair has not been accomplished, until the freeze plug repair specified in paragraph

(i)of this AD has been accomplished on both wings. Repetitive Inspections Required After Accomplishing Paragraph

(i)of this AD

(j)After accomplishment of the requirements of paragraph

(i)of this AD, perform the repetitive inspections specified in paragraphs (j)(1) and (j)(2) of this AD at the times specified.

(1)Prior to the accumulation of 37,500 total flight cycles, or within 18 months after accomplishment of the freeze plug repair specified in Part 3 of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated September 29, 2005, whichever occurs later: Accomplish the external inspections specified in Part 1 of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated September 29, 2005. If any cracking is found during any inspection required by this paragraph, before further flight, repair in accordance with a method approved by the Manager, Seattle ACO. Thereafter, repeat the external inspections at intervals not to exceed 3,000 flight cycles.

(2)Prior to the accumulation of 37,500 total flight cycles, or within 72 months after accomplishment of the freeze plug repair specified Part 3 of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated September 29, 2005, whichever occurs later: Perform an internal HFEC for cracking, in accordance with Part 4 of the Accomplishment Instructions of Boeing ASB 767-57A0097, dated September 29, 2005. If any cracking is found during any inspection required by this paragraph, before further flight, repair in accordance with a method approved by the Manager, Seattle ACO. Repeat the inspections at intervals not to exceed 12,000 flight cycles. Repair of Certain Cracking

(k)If any cracking is found during any inspection required by this AD, and the bulletin specifies to contact Boeing for appropriate action: Before further flight, repair the cracking using a method approved in accordance with the procedures specified in paragraph

(m)of this AD. No Reporting Requirement

(l)Although Boeing Alert Service Bulletin 767-57A0097, dated September 29, 2005, specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, Seattle ACO, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Issued in Renton, Washington, on July 7, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-11413 Filed 7-18-06; 8:45 am] BILLING CODE 4910-13-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2006-0009, FRL-8187-7] Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; Proposed Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve State Implementation Plan

(SIP)revisions submitted by the State of Montana on October 25, 2005. The revisions are to the Administrative Rules of Montana and update the citations and references to Federal documents and addresses where copies of documents can be obtained, and delete three definitions. The intended effect of this action is to make federally enforceable those provisions that EPA is proposing to approve. This action is being taken under section 110 of the Clean Air Act. In the “Rules and Regulations” section of this **Federal Register** , EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. DATES: Written comments must be received on or before August 18, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-OAR-2006-0009, by one of the following methods: • *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. • E-mail: *long.richard@epa.gov* and *ostrand.laurie@epa.gov.* • Fax:

(303)312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466. • Hand Delivery: Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-2466. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules section of this **Federal Register** for detailed instruction on how to submit comments. FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, Air and Radiation Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466,

(303)312-6437, *ostrand.laurie@epa.gov.* SUPPLEMENTARY INFORMATION: See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations section of this **Federal Register** . Authority: 42 U.S.C. 7401 *et seq.* Dated: June 13, 2006. Andrew M. Gaydosh, Acting Regional Administrator, Region 8. [FR Doc. E6-11345 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R09-OAR-2006-0583; FRL-8199-6] Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM-10; Determination of Attainment for the San Joaquin Valley Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to determine that the San Joaquin Valley nonattainment area

(SJV)in California has attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). This proposed determination is based upon monitored air quality data for the PM-10 NAAQS during the years 2003-2005. The SJV continues to attain the PM-10 NAAQS in 2006; no exceedances of the 24 hour NAAQS have been recorded at any of the SJV monitoring sites from January 1, 2006 through March 31, 2006. EPA is also proposing to determine that, because the SJV has attained the PM-10 NAAQS, certain Clean Air Act (CAA or the Act) requirements are not applicable for as long as the SJV continues to attain the PM-10 NAAQS. DATES: Written comments must be received on or before August 18, 2006. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2006-0583, by one of the following methods:

(1)Federal eRulemaking portal: *http://www.regulations.gov.* Follow the on-line instructions.

(2)E-mail: *lo.doris@epa.gov.*

(3)Mail or deliver: Doris Lo (AIR-2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through the *www.regulations.gov* or e-mail. *www.regulations.gov* is an anonymous access system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location ( *e.g.,* copyrighted material), and some may not be publicly available in either location ( *e.g.,* CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed directly below. FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX,

(415)972-3959, *lo.doris@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, wherever “we,” “us,” or “our” are used, we mean EPA. Table of Contents I. Background A. The NAAQS for PM-10 B. Designation, Classification and Air Quality Planning for PM-10 in the SJV C. Attainment Determinations II. Proposed Attainment Determination for the SJV III. Applicability of Clean Air Act Planning Requirements IV. EPA's Proposed Action V. Statutory and Executive Order Reviews I. Background A. The NAAQS for PM-10 Particulate matter with an aerodynamic diameter of less than or equal to 10 micrometers (PM-10) is the subject of this action. The NAAQS are limits for certain ambient air pollutants set by EPA to protect public health and welfare. PM-10 is among the ambient air pollutants for which EPA has established a health-based standard. On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for particulate matter with an indicator that includes only those particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers. The 24-hour primary PM-10 standard is 150 micrograms per cubic meter (μg/m 3 ) with no more than one expected exceedance per year. The annual primary PM-10 standard is 50 μg/m 3 as an annual arithmetic mean. The secondary PM-10 standards, promulgated to protect against adverse welfare effects, are identical to the primary standards. See 40 CFR 50.6. B. Designation, Classification and Air Quality Planning for PM-10 in the SJV In 1990, Congress amended the Clean Air Act to address, among other things, continued nonattainment of the PM-10 NAAQS. On the date of enactment of the 1990 Clean Air Act Amendments, PM-10 areas, including the SJV, meeting the qualifications of section 107(d)(4)(B) of the amended Act, were designated nonattainment by operation of law. See 56 FR 11101 (March 15, 1991). EPA codified the boundaries of the SJV at 40 CFR 81.305. 1 1 The San Joaquin Valley PM-10 nonattainment area includes the following counties in California's central valley: Fresno, western portion of Kern, Kings, Tulare, San Joaquin, Stanislaus, Madera and Merced. Once an area is designated nonattainment for PM-10, section 188 of the CAA outlines the process for classifying the area and establishes the area's initial attainment deadline. In accordance with section 188(a), at the time of designation, all PM-10 nonattainment areas, including the SJV, were initially classified as moderate nonattainment. On December 24, 1991, California submitted a moderate area PM-10 Plan for the SJV which demonstrated that the area could not attain the PM-10 NAAQS by the moderate area attainment date, December 31, 1994. Section 188(b)(1) of the Act provides that moderate areas can subsequently be reclassified as serious before the applicable moderate area attainment date if at any time EPA determines that the area cannot “practicably” attain the PM-10 NAAQS by that deadline. On January 8, 1993 (58 FR 3337), EPA made such a determination and reclassified the SJV as serious. On August 19, 2003, the State of California submitted the “2003 PM-10 Plan, San Joaquin Valley Plan to Attain Federal Standards for Particulate Matter 10 Microns and Smaller” and submitted Amendments to that plan on December 30, 2003 (collectively, 2003 PM-10 Plan). The State submitted the 2003 PM-10 Plan to address, among other CAA requirements, those of section 189(d) following EPA's determination that the SJV failed to meet its serious area attainment deadline of December 31, 2001. See 67 FR 48039 (July 23, 2002). On May 26, 2006, EPA approved the 2003 PM-10 Plan except for the section 172(c)(9) contingency measure requirement. The approved elements include emissions inventories as meeting the requirements of 172(c)(3), a demonstration of best available control measures for all significant source categories as meeting the requirements of section 189(b)(1)(B), a demonstration of attainment by December 31, 2010 as meeting the requirements of sections 179(d)(3) and 189(d), and a demonstration of reasonable further progress as meeting the requirements of sections 172(c)(2) and 189(c)(1). A more detailed discussion of the history of air quality planning and the contents of the approved plan can be found in EPA's proposed and final actions at 69 FR 5412 (February 4, 2004) and 69 FR 30006. C. Attainment Determinations On May 8, 2006, the State requested that EPA find that the SJV has attained the PM-10 standards based on the area's air quality for 2003-2005. See letter from Catherine Witherspoon, California Air Resources Board (CARB), to Wayne Nastri, EPA Region 9, May 8, 2006 (Witherspoon Letter). Generally, we will determine whether an area's air quality meets the PM-10 NAAQS for purposes of sections 179(c)(1) and 188(b)(2) based upon data gathered at established state and local air monitoring stations (SLAMS) and national air monitoring stations

(NAMS)in the nonattainment area and entered into the EPA's Air Quality System

(AQS)database. Data from air monitors operated by state/local agencies in compliance with EPA monitoring requirements must be submitted to AQS. Heads of monitoring agencies annually certify that these data are accurate to the best of their knowledge. Accordingly, EPA relies primarily on data in AQS when determining the attainment status of areas. See 40 CFR 50.6; 40 CFR part 50, appendix J; 40 CFR part 53; 40 CFR part 58, appendix A. We will also consider air quality data from other air monitoring stations in the nonattainment area even if they have not been entered into the AQS if the stations meet the federal monitoring requirements for SLAMS. See August 22, 1997 Memorandum “Agency Policy on the Use of Special Purpose Monitoring Data,” from John S. Seitz, Director, Office of Air Quality Planning and Standards, to the Regional Air Directors (Seitz Memo). All data are reviewed to determine the area's air quality status in accordance with our guidance at 40 CFR part 50, appendix K. Attainment of the annual PM-10 standard is achieved when the annual arithmetic mean PM-10 concentration over a three-year period is equal to or less than 50 μg/m 3 . Attainment of the 24-hour standard is determined by calculating the expected number of days in a year with PM-10 concentrations greater than 150 μg/m 3 . The 24-hour standard is attained when the expected number of days per year with levels above 150 μg/m 3 (averaged over a three-year period) is less than or equal to one. Three consecutive years of air quality data are necessary to show attainment of the 24-hour and annual standards for PM-10. See 40 CFR part 50, appendix K. A complete year of air quality data, as referred to in 40 CFR part 50, appendix K, includes all four calendar quarters with each quarter containing data from at least 75 percent of the scheduled sampling days. II. Proposed Attainment Determination for the SJV The SJV has 15 SLAMS sites operated by the San Joaquin Valley Unified Air Pollution Control District (District or SJVUAPCD) and CARB. These monitoring stations are located throughout the SJV. 2 The District and CARB measure ambient (24-hour-average) PM-10 concentrations in the SJV at a frequency of once every six days, except at the Corcoran SLAMS site which operates on a one in three day schedule. 3 2 EPA evaluated the adequacy of the SJV monitoring network in connection with its approval of the 2003 PM-10 Plan. See 69 FR at 30032-30033 and “Evaluation of the Adequacy of the Monitoring Network for the San Joaquin Valley, California for the Annual and 24-Hour PM-10 Standards,” Bob Pallarino, EPA Region 9, September 22, 2003. 3 Most PM-10 monitoring sites utilize a manual sampler, designated as a Federal Reference Method (FRM), operated on a once every six day schedule. These samplers draw ambient air through a quartz fiber filter which is weighed before and after sampling in order to determine the mass of PM-10 that is collected after the 24-hour run period. At Corcoran two manual FRM samplers are operated on a staggered once every six day schedule that enables the District to collect a 24-hour PM-10 sample every three days. Table 1 summarizes the PM-10 data collected in the SJV from 2003-2005 and reported by CARB to the AQS database. As shown in Table 1, no exceedances of the 24-hour PM-10 NAAQS of 150 μg/m 3 were measured in SJV during the 2003-2005 period and the annual-average PM-10 concentrations measured during that period were below the corresponding standard of 50 μg/m 3 . Table 1.—San Joaquin Valley SLAMS Network PM-10 Data 2003-2005 Monitoring site 24 hour average Maximum (μg/m 3 ) Expected number of exceedances 3 year annual arithmetic average (μg/m 3 ) Bakersfield—California Ave 110 0 44 Bakersfield—Golden State Hwy 136 0 46 Clovis 87 0 34 Corcoran* 150 0 44 Fresno—Drummond 102 0 41 Fresno First St. 106 0 33 Hanford 140 0 43 Merced 74 0 29 Modesto 93 0 29 Oildale 107 0 42 Stockton—Hazelton 88 0 29 Stockton—Wagner/Holt 68 0 22 Taft 96 0 31 Turlock 87 0 30 Visalia 122 0 43 Source: U.S. EPA AQS Database. * The Federal Reference Monitor at Corcoran did record an exceedance of the 24 hour PM-10 NAAQS on September 3, 2004 (217 μg/m 3 ). This exceedance was flagged by CARB as a high wind natural event. EPA concurred with CARB's request to exclude this data from consideration in attainment findings on July 7, 2005. See May 30, 1996 Memorandum “Areas Affected by PM-10 Natural Events,” from Mary D. Nichols, Assistant Administrator for Air and Radiation, to the Regional Air Directors. Moreover, even if EPA had not concurred with the exclusion of this data, the Corcoran site would still attain the 24-hour NAAQS because the expected number of exceedances is less than or equal to one per year, averaged over the three year period 2003-2005. As noted above, the 24-hour PM-10 standard is attained when the expected number of days per year with levels above 150 μg/m 3 (averaged over a three-year period) is less than or equal to one. As can be seen from Table 1, there were no exceedances of the 24-hour PM-10 NAAQS for the 2003-2005 period and thus the expected number of days per year with levels above 150 μg/m 3 (averaged over that three-year period) is zero. Thus we propose to find that the SJV has attained the 24-hour PM-10 NAAQS. Also as noted above, attainment of the annual PM-10 standard is achieved when the annual arithmetic mean PM-10 concentration over a three-year period is equal to or less than 50 μg/m 3 . Our review of the data for calendar years 2003-2005 reveals that none of the 15 SLAMS sites averaged greater than 50 μg/m 3 . Thus we propose to find that the SJV has attained the annual PM-10 NAAQS. The SJV continues to attain the PM-10 NAAQS based on data collected through March 31, 2006. 4 4 If EPA makes a final determination of attainment, the Agency will consider the most current data available at that time. EPA is aware that the District operates a beta attenuation mass

(BAM)special purpose monitor at the Corcoran monitoring site to support the District's daily air quality forecasts. This BAM monitor has recorded a sufficient number of PM-10 concentrations above 150 μg/m 3 during the years 2003-2005 to prevent EPA from making a finding of attainment if the data were suitable for use in an attainment determination. However, in the Seitz Memo, EPA stated that “[t]he Agency policy on the use of all special purpose monitoring data for any regulatory purpose, with the exception of fine particulate matter data (PM-2.5), is all quality-assured and valid data meeting 40 CFR 58 requirements must be considered within the regulatory process.” Seitz Memo, p.1. With respect to the Corcoran BAM monitor, EPA has determined that the District did not perform quality control checks of the sampler every two weeks (see 40 CFR part 58, appendix A, section 3.1.2). Nor did CARB perform independent field audits of the BAM sampler as described in 40 CFR part 58, appendix A, section 3.2.2. See pp. 5-6 of attachment (“Supporting Information for the San Joaquin Valley PM-10 Attainment Determination Request”) to letter from Seyed Sadredin, SJVUAPCD, to Catherine Witherspoon, CARB, April 24, 2006, attached to Witherspoon Letter. Therefore the BAM data are not valid for use in a determination of whether the SJV has attained the PM-10 standards and, as a result, we have not considered them. III. Applicability of Clean Air Act Planning Requirements The air quality planning requirements for PM-10 nonattainment areas are set out in subparts 1 and 4 of title I of the Act. EPA has issued a General Preamble 5 and Addendum to the General Preamble 6 describing our preliminary views on how the Agency intends to review state implementation plans

(SIPs)submitted to meet the CAA's requirements for PM-10 plans. These documents provide detailed discussions of our interpretation of the title I requirements. 5 “General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,” 57 FR 13498 (April 16, 1992), as supplemented at 57 FR 18070 (April 28, 1992). 6 “State Implementation Plans for Serious PM-10 Nonattainment Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,” 59 FR 41998 (August 16, 1994). In nonattainment areas where monitored data demonstrate that the NAAQS have already been achieved, EPA has determined that certain requirements of part D, subparts 1 and 2 of the Act do not apply. Therefore we do not require certain submissions for an area that has attained the NAAQS. These include reasonable further progress

(RFP)requirements, attainment demonstrations, RACM, and contingency measures, because these provisions have the purpose of helping achieve attainment of the NAAQS. This interpretation of the CAA is known as the Clean Data Policy and is the subject of two EPA memoranda. EPA also finalized the statutory interpretation set forth in the policy in a final rule, 40 CFR 51.918, as part of its “Final Rule to Implement the 8-hour Ozone National Ambient Air Quality Standard—Phase 2” (Phase 2 Final Rule). See discussion in the preamble to the rule at 70 FR 71612, 71645-46 (November 29, 2005). EPA believes that the legal bases set forth in detail in our Phase 2 Final rule, our May 10, 1995 memorandum from John S. Seitz, entitled “Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard,” and our December 14, 2004 memorandum from Stephen D. Page entitled “Clean Data Policy for the Fine Particle National Ambient Air Quality Standards” are equally pertinent to the interpretation of provisions of subparts 1 and 4 applicable to PM-10. Our interpretation that an area that is attaining the standards is relieved of obligations to demonstrate RFP and to provide an attainment demonstration, RACM and contingency measures pursuant to part D of the CAA, pertains whether the standard is PM-10, ozone or PM-2.5. 7 For detailed discussions of this interpretation with respect to the CAA's PM-10 requirements for RFP, attainment demonstrations, RACM and contingency measures, see 71 FR 6352, 6354 (February 8, 2006); 71 FR 13021, 13024 (March 14, 2006); and 71 FR 27440, 27443-27444 (May 11, 2006). We are relying on these discussions here. We also discuss our interpretation with respect to contingency measures below. 7 Three U.S. Circuit Courts of Appeals have upheld EPA rulemakings applying its interpretation of subparts 1 and 2 with respect to ozone. *Sierra Club* v. *EPA,* 99F.3d 1551 (10th Cir. 1996); *Sierra Club* v. *EPA,* 375 F. 3d 537 (7th Cir. 2004); *Our Children's Earth Foundation* v. *EPA,* N. 04-73032 (9th Cir. June 28, 2005) (memorandum opinion). As set forth in Section I of this proposed rule, we have previously approved all of the serious area PM-10 attainment plan requirements for the SJV except for the contingency measure requirements of CAA section 172(c)(9). Section 172(c)(9) requires that part D nonattainment area plans “provide for the implementation of specific measures to be undertaken if the area fails to make reasonable further progress, or to attain the national primary ambient air quality standard by the attainment date applicable under this part. Such measures shall be included in the plan revision as contingency measures to take effect in any such case without further action by the State or the Administrator.” EPA has determined that these contingency measure requirements of CAA section 172(c)(9) no longer apply when an area has attained the standard because those “contingency measures are directed at ensuring RFP and attainment by the applicable date.” (57 FR at 13564); May 10, 1995 memorandum at 5-6. As explained at length in the memoranda and rulemakings cited above, the requirements for RFP and attainment demonstrations no longer apply once an area has attained the standard, since their purpose—to achieve attainment by the applicable attainment date—will already have been fulfilled. Thus it follows that the requirement for contingency measures is also suspended for as long as the area attains the standard. Consequently, we propose that any final finding that the SJV has attained the PM-10 NAAQS would also suspend the contingency measure requirements for the SJV. Consistent with our Clean Data Policy, we propose that this suspension exist only for as long as the area continues to monitor attainment of the standards. If the SJV experiences a violation of the PM-10 NAAQS in the future, the basis for the contingency measure requirement being suspended would no longer exist. In that event, we would notify the State that we have determined that the area is no longer attaining the PM-10 standards and provide notice to the public in the **Federal Register** . IV. EPA's Proposed Action Based on quality-assured data meeting the requirements of 40 CFR part 50, appendix K, we propose to determine that the SJV has attained the PM-10 NAAQS. This proposed action, if finalized, would not constitute a redesignation to attainment under CAA section 107(d)(3), because we would not yet have approved a maintenance plan as required under section 175(A) of the CAA or determined that the area has met the other CAA requirements for redesignation. The classification and designation status in 40 CFR part 81 would remain serious nonattainment for this area until such time as California meets the CAA requirements for redesignation of the SJV to attainment. Consistent with the Agency's Clean Data Policy, EPA also proposes to find that the contingency measure requirements of CAA section 172(c)(9) would no longer apply to the San Joaquin Valley PM-10 nonattainment area. V. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely proposes a determination based on air quality data and does not impose any additional requirements. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this proposed rule does not impose any additional enforceable duty, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 97249, November 9, 2000). This proposed action also does not have federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This proposed action merely makes a determination based on air quality data and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: July 6, 2006. Jane Diamond, Acting Regional Administrator, Region 9. [FR Doc. E6-11450 Filed 7-18-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7463] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations

(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the 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 comment period is ninety

(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed 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., CFM, Acting Section Chief, Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and 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 proposed elevations 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. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Mitigation Division Director certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared. *Regulatory Classification.* This proposed 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. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 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, § 67.4. 2. The tables published under the authority of § 67.4 are proposed to be ameded as follows: Flooding source(s) Location of referenced elevation + Elevation in feet

(NGVD)* Elevation in feet

(NAVD)#Depth in feet above ground Effective Modified Communities affected Athens-Clark County, Georgia Brooklyn Creek Tributary A At the confluence with Brooklyn Creek *698 *697 Athens-Clark County. Approximately 40 feet upstream of the confluence with Brooklyn Creek *698 *697 McNutt Creek At the confluence with Middle Oconee River *557 *558 Athens-Clark County. Approximately 1,230 feet downstream of U.S. Highway 441/U.S. Highway 129/State Highway 15 and Macon Highway *558 *559 Trail Creek At the confluence with North Oconee River *613 *615 Athens-Clark County. Approximately 550 feet downstream of Broad Street *614 *615 Tributary A-1 At the confluence with Tributary A *658 *659 Athens-Clark County. Approximately 100 feet upstream of the confluence with Tributary A *658 *659 Tributary A-2 At the confluence with Tributary A *692 *695 Athens-Clark County. Approximately 260 feet upstream of the confluence with Tributary A *697 *698 Tributary H At the confluence with Big Creek *610 *607 Athens-Clark County. Approximately 870 feet upstream of the confluence with Big Creek *610 *609 * North American Vertical Datum of 1988. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.194 feet. ADDRESSES Maps are available for inspection at the Athens-Clark County Public Works Department,120 West Dougherty Street, Athens, Georgia. Send comments to The Honorable Heidi Davison, Mayor, City of Athens-Clark County, 301 College Avenue, Athens, Georgia 30601. Bibb County, Georgia (Unincorporated Areas) Walnut Creek Approximately 400 feet upstream of Interstate Highway 16 *298 *299 Bibb County (Unincorporated Areas). Just downstream of the Norfolk Southern Railway *299 *300 +North American Vertical Datum of 1988. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.4 feet. ADDRESSES Maps are available for inspection at the Bibb County Engineering Office, 780 Third Street, Macon, Georgia. Send comments to The Honorable Charles Bishop, Chairman, Bibb County Board of Commissioners, 601 Mulberry Street, Macon, Georgia 31201. Flooding source(s) Location of referenced elevation * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground Effective Modified Communities affected Warren County, Kentucky and Incorporated Areas Sinkhole No. 2 At Media Drive *464 +464 City of Bowling Green. Sinkhole No. 3 At Holly and Catherine Drives *465 +465 City of Bowling Green. Sinkhole No. 4A At Holly and Catherine Drives *462 +461 City of Bowling Green. Sinkhole No. 4B At Holly and Catherine Drives *443 +440 City of Bowling Green. Sinkhole No. 7 At Boxwood Drive *545 +541 City of Bowling Green and Warren County (Unincorporated Areas). Sinkhole No. 7A At Boxwood Drive *545 +541 Warren County (Unincorporated Areas). Sinkhole No. 14 At Wellington Way *479 +482 City of Bowling Green. Sinkhole No. 21 At Canton Avenue *524 +523 City of Bowling Green. Sinkhole No. 22 At Andrea Street *532 +529 City of Bowling Green. Sinkhole No. 25A At Pascoe Boulevard *535 +531 City of Bowling Green. Sinkhole No. 33 At Rich Pond *580 +568 Warren County (Unincorporated Areas). Sinkhole No. 39A At Bogle Lane None +488 City of Bowling Green. Sinkhole No. 39B At Bogle Lane None +485 City of Bowling Green. # Depth in feet above ground. *National Geodetic Vertical Datum. +National American Vertical Datum. ADDRESSES Maps are available for inspection at City-County Planning Commission of Warren County,1141 State Street, Bowling Green, Kentucky. Send comments to Mr. Eric W. Larson, PE, CFM, Floodplain Manager, City-County Planning Commission of Warren County, 1141 State Street, Bowling Green, Kentucky 42101. Pickens County, South Carolina and Incorporated Areas Adams Creek At the confluence of Oolenoy River None +940 Pickens County (Unincorporated Areas). Just upstream of Anderson Circle None +971 Betsy Akin Branch At the confluence with Lake Keowee None +800 Pickens County (Unincorporated Areas). Approximately 1,000 feet upstream of the confluence with Lake Keowee None +808 Brushy Creek Approximately 2,665 feet downstream of Sheriff Mill Road None +859 Pickens County (Unincorporated Areas), City of Easley. Approximately 550 feet upstream of Anzio Street None +982 Burdine Creek At the confluence with Georges Creek None +863 Pickens County (Unincorporated Areas). Approximately 2,790 feet downstream of Dacusville Hwy None +1,006 Burdine Creek Tributary At the confluence with Burdine Creek None +1,006 Pickens County (Unincorporated Areas). Approximately 80 feet downstream of Holly Bush Road None +1,010 Burgess Creek At the confluence with Weaver Creek None +944 Pickens County (Unincorporated Areas). Approximately 1,810 feet downstream of Cricket Drive None +959 Camp Creek At the confluence of Twelvemile Creek None +725 Pickens County (Unincorporated Areas), Town of Sixmile. Approximately 900 feet southeast of the intersection of Elizabeth Lane and South Main Street None +997 Cannon Creek At the confluence with Twelvemile Creek None +882 Pickens County (Unincorporated Areas). Approximately 200 feet upstream of the confluence of Gregory Creek None +891 Carmel Creek Approximately 250 feet downstream of Joyce Road None +825 Pickens County (Unincorporated Areas). Approximately 3,620 feet upstream of Wyatt Stewart Road None +957 Carpenter Creek At the confluence with South Saluda River None +889 Pickens County (Unincorporated Areas). Approximately 1,700 feet downstream of Dalton Road None +1,001 Carrick Creek At the confluence of Oolenoy River None +956 Pickens County (Unincorporated Areas). Approximately 210 feet upstream of Table Rock Road None +959 Crow Creek At the confluence of Lake Keowee None +800 Pickens County (Unincorporated Areas). Approximately 2,510 feet upstream of Little Eastatoee Road None +871 Doddies Creek At the confluence with Machine Creek None +863 Pickens County (Unincorporated Areas). Approximately 290 feet upstream of Dacusville Hwy None +1,059 Eastatoe Creek At the confluence with Lake Keowee None +800 Pickens County (Unincorporated Areas). Approximately 340 feet upstream of Lesesne Road None +1,004 Eighteenmile Creek Approximately 1,550 feet downstream of the confluence with Eighteenmile Creek Tributary 5 None +714 Pickens County (Unincorporated Areas), City of Clemson, City of Easley. Approximately 2,020 feet upstream of Ross Avenue None +989 Eighteenmile Creek Tributary A Approximately 70 feet upstream of Shaftsbury Road None +795 City of Clemson. Approximately 520 feet upstream of Shaftsbury Road None +808 Eighteenmile Creek Tributary 1 Approximately 50 feet upstream of Prince Ranier Road None +798 City of Clemson. Approximately 755 feet upstream of Prince Rainer Road None +812 Eighteenmile Creek Tributary 2 Approximately 70 feet upstream of Clarendon Drive None +745 City of Clemson. Approximately 1,640 feet upstream of the confluence with Eighteenmile Creek Tributary 6 None +782 Eighteenmile Creek Tributary 3 At the confluence with Eighteenmile Creek Tributary 9 None +752 Pickens County (Unincorporated Areas). Approximately 1,710 feet upstream of the confluence with Eighteenmile Creek Tributary 9 None +776 Eighteenmile Creek Tributary 4 At the confluence with Eighteenmile Creek None +730 Pickens County (Unincorporated Areas). Approximately 1,000 feet upstream of Calhoun Memorial Hwy None +745 Eighteenmile Creek Tributary 5 At the confluence with Eighteenmile Creek None +716 Pickens County (Unincorporated Areas), City of Clemson. Approximately 1,890 feet southwest of the intersection of Moser Trail and Old Shirley Road None +787 Eighteenmile Creek Tributary 6 At the confluence with Eighteenmile Creek Tributary 2 None +757 Pickens County (Unincorporated Areas), City of Clemson. Approximately 280 feet upstream of Azalea Drive None +775 Eighteenmile Creek Tributary 7 At the confluence with Eighteenmile Creek None +719 Pickens County (Unincorporated Areas). Approximately 7,585 feet upstream of the confluence with Eighteenmile Creek Tributary 19 None +800 Eighteenmile Creek Tributary 8 At the confluence with Eighteenmile Creek Tributary 2 None +751 City of Clemson. Approximately 1,595 feet upstream of the confluence with Eighteenmile Creek Tributary 2 None +769 Eighteenmile Creek Tributary 9 At the confluence with Eighteenmile Creek None +737 Pickens County (Unincorporated Areas), City of Clemson, Town of Central. Approximately 1,510 feet upstream of Fernway Drive None +854 Eighteenmile Creek Tributary 10 At the confluence with Eighteenmile Creek Tributary 2 None +751 City of Clemson. Approximately 1,040 feet upstream of the confluence with Eighteenmile Creek Tributary 2 None +764 Eighteenmile Creek Tributary 11 At the confluence with Eighteenmile Creek None +747 Pickens County (Unincorporated Areas). Approximately 5,990 feet upstream of Mill Pine Road None +818 Eighteenmile Creek Tributary 12 At the confluence with Eighteenmile Creek None +809 Pickens County (Unincorporated Areas), Town of Liberty. Approximately 920 feet upstream of the Railroad crossing None +961 Eighteenmile Creek Tributary 13 At the confluence with Eighteenmile Creek None +842 Pickens County (Unincorporated Areas). Approximately 3,970 feet upstream of Calhoun Memorial Hwy None +865 Eighteenmile Creek Tributary 14 At the confluence with Eighteenmile Creek None +874 Pickens County (Unincorporated Areas). Approximately 3,490 feet upstream of Smith Grove Road None +904 Eighteenmile Creek Tributary 15 At the confluence with Eighteenmile Creek None +885 Pickens County (Unincorporated Areas). Approximately 1,230 feet upstream of Smith Grove Road None +914 Eighteenmile Creek Tributary 16 At the confluence with Eighteenmile Creek (Near Easley) None +960 Pickens County (Unincorporated Areas), City of Easley. Approximately 880 feet upstream of the confluence with Eighteenmile Creek None +998 Eighteenmile Creek Tributary 17 At the confluence with Eighteenmile Creek (Near Easley) None +959 Pickens County (Unincorporated Areas), City of Easley. Approximately 130 feet upstream of Cherokee Road None +1,017 Eighteenmile Creek Tributary 18 At the confluence with Eighteenmile Creek None +735 Pickens County (Unincorporated Areas). Approximately 1,210 feet upstream of the confluence with Eighteenmile Creek None +752 Eighteenmile Creek Tributary 19 At the confluence with Eighteenmile Creek None +720 Pickens County (Unincorporated Areas). Approximately 1,940 feet upstream of the confluence with Eighteenmile Creek Tributary 7 None +727 Fifteenmile Creek At the confluence of Eighteenmile Creek None +747 Pickens County (Unincorporated Areas). Approximately 2,060 feet upstream of Pine Thicket Road None +829 Fifteenmile Creek Tributary 1 At the confluence with Fifteenmile Creek None +781 Pickens County (Unincorporated Areas). Approximately 180 feet upstream of Garvin Road None +802 Fifteenmile Creek Tributary 2 At the confluence with Fifteenmile Creek None +788 Pickens County (Unincorporated Areas). Approximately 240 feet upstream of Pine Ticket Road None +804 Fifteenmile Creek Tributary 3 At the confluence of Fifteenmile Creek None +755 Pickens County (Unincorporated Areas). Approximately 1,420 feet upstream of the confluence with Fifteenmile Creek None +773 Georges Creek At the confluence with South Saluda River None +796 Pickens County (Unincorporated Areas), City of Easley. Approximately 1,025 feet upstream of Hamilton Street None +1,006 Georges Creek Tributary 1 At the confluence with Georges Creek None +819 Pickens County (Unincorporated Areas), City of Easley. Approximately 2,140 feet upstream of Cardinal Drive None +868 Golden Creek At the confluence with Twelvemile Creek None +801 Pickens County (Unincorporated Areas), Town of Liberty, Town of Norris. Approximately 1,380 feet downstream of Enon Church Road None +917 Golden Creek Tributary 1 At the confluence with Golden Creek None +847 Pickens County (Unincorporated Areas), Town of Liberty. Approximately 2,140 feet upstream of the confluence with Golden Creek None +910 Gowens Creek At the confluence of Oolenoy River None +923 Pickens County (Unincorporated Areas). Approximatley 200 feet Downstream of Table Rock Road None +935 Gregory Creek At the confluence with Cannon Creek None +891 Pickens County (Unincorporated Areas). Approximately 1,410 feet upstream of the confluence with Gregory Creek None +944 Hagood Branch At the confluence of Twelvemile Creek None +931 Pickens County (Unincorporated Areas). Approximately 3,090 feet upstream of Hagood Mill Road None +984 Hamilton Creek At the confluence with Georges Creek None +828 Pickens County (Unincorporated Areas), City of Easley. Approximately 885 feet upstream of Pace Valley Road None +937 Keowee River Approximately 3.4 miles downstream of Deowee Dam None +665 Pickens County (Unincorporated Areas). Just downstream of Keowee Dam None +675 Lake Hartwell None +665 Pickens County (Unincorporated Areas), City of Clemson. Lake Hartwell Tributary 2 At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas). Approximately 1,940 feet upstream of West Queen Street None +671 Lake Keowee None +800 Pickens County (Unincorporated Areas). Little Crow Creek At the confluence with Lake Keowee None +800 Pickens County (Unincorporated Areas). Approximately 990 feet upstream of Little Crow Creek Road None +832 Little Crow Creek Tributary At the confluence with Little Crow Creek None +822 Pickens County (Unincorporated Areas). Approximately 1,620 feet upstream of Mile Creek Road None +896 Little Eastatoe Creek At the confluence with Eastatoe Creek None +805 Pickens County (Unincorporated Areas). Approximately 1,020 feet upstream of the confluence with Little Eastatoe Creek Tributary None +1,015 Little Eastatoe Creek Tributary At the confluence with Little Eastatoe Creek None +1,013 Pickens County (Unincorporated Areas). Approximately 550 feet upstream of Sunset Community Way None +1,038 Little Eastatoe Creek Tributary 2 At the confluence with Little Eastatoe Creek Tributary None +1,019 Pickens County (Unincorporated Areas). Approximately 540 feet upstream of Sequoyah Way None +1,039 Little Georges Creek At the confluence with Georges Creek None +819 Pickens County (Unincorporated Areas). Approximately 370 feet upstream of Looper Road None +959 Machine Creek At the confluence with South Saluda River None +863 Pickens County (Unincorporated Areas). Approximately 340 feet upstream of Childress Road None +1,053 Mad Dog Branch At the confluence with Georges Creek None +937 Pickens County (Unincorporated Areas), City of Easley. Approximately 310 feet upstream of Turpin Drive None +1,018 Middle Branch Approximately 930 feet downstream of Meadow Ridge Road None +872 Pickens County (Unincorporated Areas), City of Easley. Approximately 170 feet upstream of Calhoun Memorial Highway None +988 Middle Branch Tributary 6A Approximately 210 feet downstream of Mossie Smith Road None +889 Pickens County (Unincorporated Areas), City of Easley. Approximately 575 feet downstream of Rose Ann Court None +904 Middle Branch Tributary 6B At the confluence with Middle Branch Tributary 6A None +892 Pickens County (Unincorporated Areas), City of Easley. Approximately 345 feet upstream of Canvasback Way None +904 Middle Fork Twelvemile Creek At the confluence with Twelvemile Creek None +911 Pickens County (Unincorporated Areas). Approximately 140 feet downstream of Phoenix Road None +1,046 Middle Fork Twelvemile Creek Tributary 1 At the confluence with Middle Fork Twelvemile Creek None +932 Pickens County (Unincorporated Areas). Approximately 660 feet upstream of Meece Mill Road None +957 Middle Fork Twelvemile Creek Tributary 2 At the confluence with Middle Fork Twelvemile Creek None +932 Pickens County (Unincorporated Areas). Approximately 340 feet upstream of Meece Mill Road None +935 Mill Creek At the confluence with Oolenoy River None +968 Pickens County (Unincorporated Areas). Approximately 500 feet downstream of Table Rock Road None +979 Mill Shoals Creek At the confluence with Middle Fork Twelvemile Creek None +950 Pickens County (Unincorporated Areas). Approximately 3,010 feet upstream of the confluence with Middle Fork Twelvemile Creek None +957 Molly Branch At the confluence with Adams Creek None +950 Pickens County (Unincorporated Areas). Approximately 4,510 feet upstream of the confluence with Adams Creek None +982 Oolenoy River At the confluence with South Saluda River None +927 Pickens County (Unincorporated Areas). Approximately 200 feet upstream of Lake Road None +948 Oolenoy River Tributary 2 At the confluence with Oolenoy River None +946 Pickens County (Unincorporated Areas). Approximately 490 feet upstream of Table Rock Road None +995 Oolenoy River Tributary 3 At the confluence with Oolenoy River None +968 Pickens County (Unincorporated Areas). Approximately 350 feet upstream of Table Rock Road None +976 Oolenoy River Tributary 5 At the confluence with Oolenoy River None +997 Pickens County (Unincorporated Areas). Approximately 1,400 feet upstream of Table Rock Road None +1,046 Peters Creek At the confluence with South Saluda River None +893 Pickens County (Unincorporated Areas). Approximately 1,930 upstream of Freeman Bridge Road None +902 Praters Creek At the confluence with Twelvemile Creek None +857 Pickens County (Unincorporated Areas). Approximately 1,670 feet downstream of Morningside Road None +886 Ravens Branch At the confluence of Wolf River None +1,004 Pickens County (Unincorporated Areas). Approximately 570 feet downstream of Boundary Drive None +1,023 Reedy Cove Creek At the confluence with Eastatoe Creek None +962 Pickens County (Unincorporated Areas). Approximately 350 feet upstream of Holcombe Hollow None +986 Rices Creek At the confluence with Twelvemile Creek None +841 Pickens County (Unincorporated Areas). Approximately 130 feet upstream of Robert P. Jeannes Road None +1,018 Rices Creek Tributary At the confluence with Rices Creek None +945 Pickens County (Unincorporated Areas). Approximately 1,170 feet upstream of Griffin Mill Road None +951 Shoal Creek At the confluence with Twelvemile Creek None +792 Pickens County (Unincorporated Areas), Town of Sixmile. Approximately 2,660 feet upstream of Spur Road None +1,099 Shoal Creek Tributary 1 At the confluence with Shoal Creek None +896 Pickens County (Unincorporated Areas), Town of Sixmile. Approximately 330 feet upstream of Liberty Hwy None +966 Shoal Creek (South Saluda River Tributary) At the confluence with South Saluda river None +866 Pickens County (Unincorporated Areas). Approximately 3,840 feet upstream of Dacusville Hwy None +990 Shoal Creek Tributary 1 (South Saluda River Tributary) At the confluence with Shoal Creek (South Saluda River Tributary) None +866 Pickens County (Unincorporated Areas). Just upstream of Hunts Bridge Road None +942 Shoal Creek Tributary 2 (South Saluda River Tributary) At the confluence with Shoal Creek (South Saluda River Tributary) None +872 Pickens County (Unincorporated Areas). Approximately 2,170 feet upstream of Raines Road None +904 Sixmile Creek At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas), Town of Sixmile. Approximately 700 feet upstream of Cedar Hill Road None South Saluda River At the confluence of Georges Creek None +804 Pickens County (Unincorporated Areas). Approximately 1,000 feet upstream of South Saluda Road None +1,127 South Saluda River Tributary 1 At the confluence of South Saluda River None +862 Pickens County (Unincorporated Areas). Approximately 2,520 feet upstream of Edinburgh Lane None +884 South Saluda River Tributary 1 At the confluence of South Saluda River None +927 Pickens County (Unincorporated Areas). Approximately 200 feet upstream of Lake Circle None +948 Three and Twenty Creek Approximately 4,270 feet downstream of the confluence of Three and Twenty Creek Tributary 1 None +820 Pickens County (Unincorporated Areas). Approximately 900 feet downstream of Johnson Road None +868 Three and Twenty Creek Tributary 1 At the confluence of Three and Twenty Creek None +827 Pickens County (Unincorporated Areas). Approximately 3,200 feet upstream of Zion School Road None +860 Three and Twenty Creek Tributary 2 At the confluence of Three and Twenty Creek None +828 Pickens County (Unincorporated Areas). Approximately 1,355 feet upstream of Johnson Road None +879 Town Creek Just upstream of Pumpkintown Hwy None +988 Pickens County (Unincorporated Areas). Approximately 1,380 feet upstream of Ivey Hanes Road None +1,124 Town Creek Tributary 1 At the confluence of Town Creek None +1,007 Pickens County (Unincorporated Areas). Approximately 1,190 feet east of the intersection of Capewood Lane and Glassy Mountain Road None +1,099 Town Creek Tributary 2 At the confluence of Town Creek None +1,022 Pickens County (Unincorporated Areas). Approximately 1,960 feet upstream of Griffin Church Road None +1,099 Town Creek Tributary 3 At the confluence of Town Creek None +1,055 Pickens County (Unincorporated Areas). Approximately 1,680 feet upstream of Fox Squirrel Ridge Road None +1,060 Town Creek Tributary 4 At the confluence of Town Creek None +1,029 Pickens County (Unincorporated Areas). Approximately 720 feet downstream of Spring Creek Drive None +1,065 Twelvemile Creek At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas), City of Clemson. At Belle Shoals Road None +869 Twelvemile Creek Approximately 80 feet upstream of Log House Road None +1,019 Pickens County (Unincorporated Areas). Approximately 500 feet upstream of Hidden Valley Road None +1,061 Twelvemile Creek Tributary At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas), City of Clemson. At Old Central Road None +665 Twelvemile Creek Tributary 4 At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas). Approximately 4,970 feet upstream of the confluence with Lake Hartwell None +675 Twelvemile Creek Tributary 6 At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas). Approximately 210 feet upstream of R.C. Edward School Road None +673 Twelvemile Creek Tributary 7 At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas). Approximately 930 feet upstream of the confluence with Lake Hartwell None +668 Twelvemile Creek Tributary 9 At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas). Approximately 320 feet southeast of the intersection of Old Cedar Lane and South Main Street None +994 Twelvemile Creek Tributary 10 At the confluence with Lake Hartwell None +665 Pickens County (Unincorporated Areas). Approximately 1,190 feet upstream of the confluence with Lake Hartwell None +669 Twelvemile Creek Tributary 11 At the confluence with Twelvemile Creek None +678 Pickens County (Unincorporated Areas). Approximately 690 feet southeast of the intersection of Garvin Street and Maw Bridge Road None +960 Twelvemile Creek Tributary 13 At the confluence with Twelvemile Creek None +908 Pickens County (Unincorporated Areas). Approximately 590 feet upstream of Tiger Drive None +926 Twelvemile Creek Tributary 14 At the confluence with Twelvemile Creek None +978 Pickens County (Unincorporated Areas). Approximately 280 feet upstream of Tommys Trail None +1,023 Twelvemile Creek Tributary 15 At the confluence with Twelvemile Creek None +982 Pickens County (Unincorporated Areas). Approximately 3,030 feet upstream of the confluence of Twelvemile Creek None +999 Weaver Creek At the confluence with Twelvemile Creek None +937 Pickens County (Unincorporated Areas). Approximately 2,570 feet upstream of the confluence with Burgress Creek None +950 West Fork Gregory Creek At the confluence with Twelvemile Creek None +938 Pickens County (Unincorporated Areas). Approximately 660 feet upstream of Windmont Road None +956 Wolf Creek At the confluence with Twelvemile Creek None +876 Pickens County (Unincorporated Areas), City of Pickens. Just upstream of Mauldin Lake Road None +916 Wolf Creek Just downstream of Hideaway Hills Lane None +996 Pickens County (Unincorporated Areas). Approximately 260 feet downstream of Pretty Place Drive None +1,046 Wolf Creek Tributary At the confluence of Wolf Creek None +951 Pickens County (Unincorporated Areas). Approximately 2,500 feet upstream of the confluence with Wolf Creek None +972 Woodside Branch At the confluence with Eighteenmile Creek None +826 Pickens County (Unincorporated Areas), Town of Liberty. Approximately 960 feet upstream of the confluence with Woodside Branch Tributary None +866 Woodside Branch Tributary At the confluence with Woodside Branch None +854 Pickens County (Unincorporated Areas), Town of Liberty. Approximately 2,180 feet upstream of Burn Hill Road None +882 Youngs Branch At the confluence with Middle Fork Twelvemile Creek None +1,005 Pickens County (Unincorporated Areas), Town of Liberty. Approximately 840 feet downstream of confluence of Blacks Branch None +1,059 # Depth in feet above ground. *National Geodetic Vertical Datum. +National American Vertical Datum. ADDRESSES Unincorporated Areas of Pickens County Maps are available for inspection at 222 McDaniels Avenue B-, Pickens, SC 29670-1419. Send comments to Alan M. Ours, County Administrator, Pickens County, 222 McDaniels Avenue B-2, Pickens, SC 29670-1419. Town of Central Maps are available for inspection at 1067 West Main Street, Central, SC 29630-0549. Send comments to the Honorable H.R. Holladay, Mayor, Town of Central, P.O. Box 549, Cenral, SC 29630-0549. City of Clemson Maps are available for inspection at 1200-3 Tiger Boulevard, Clemson, SC 29633-1566. Send comments to Rick Cotton, City Aministrator, City of Clemson, P.O. Box 1566, Clemson, SC 29633-1566. City of Easley Maps are available for inspection at 205 N 1st Street, Easley, SC 29641-0466. Send comments to the Honorable M.E. Christopherson, Mayor, City of Easley, P.O. Box 466, Easley, SC 29641-0466. Town of Liberty Maps are available for inspection at 206 West Front Street, Liberty, SC 29657-0716. Send comments to the Honorable Eddie Hughes, Mayor, City of Liberty, P.O. Box 716, Liberty, SC 29657-0716. Town of Norris Maps are available for inspection at 100 East Jamison Street, Norris, SC 29667-0320. Send comments to the Honorable Odell Williams, Mayor, Town of Norris, P.O. Box N, Norris, SC 29667-0320. City of Pikens Maps are available for inspection at 209 Pendleton Street, Pickens, SC 29671-0127. Send comments to the Honorable David Owens, Mayor, City of Pickens, P.O. Box 217, Pickens, SC 29671-0127. Town of Sixmile Maps are available for inspection at 106 South Main Street, Six Mile, SC 29682-0429. Send comments to the Honorable Randy Cheek, Mayor, Town of Six Mile, P.O. Box 429 Six Mile, SC 29682-0429. York County, South Carolina and Incorporated Areas Abernathy Creek Approximately 4,550 feet downstream of Rowells Road None +484 York County (Unincorporated Areas). Approximately 300 feet downstream of Rowells Road None +509 Allison Creek At the confluence with Big Allison Creek None +667 York County (Unincorporated Areas), Town of Clover. Approximately 3,800 feet upstream of Faulkner Road None +703 Allison Creek Tributary At the confluence with Allison Creek None +679 York County (Unincorporated Areas). Just downstream of Faulkner Road None +686 Allison Creek Tributary 1 At the confluence with Allison Creek None +676 York County (Unincorporated Areas). Approximately 275 feet upstream of Thomas Road None +731 Allison Creek Tributary 2 At the confluence with Allison Creek Tributary 1 None +698 York County (Unincorporated Areas). Approximately 310 feet downstream of Thomas Road None +721 Beaverdam Creek At the confluence with Crowders Creek None +579 York County (Unincorporated Areas). Approximately 1,090 feet downstream of Barrett Road None +736 Beaverdam Creek West At the confluence with Broad River None +438 York County (Unincorporated Areas). Approximately 1,270 feet upstream of the Dagnall Road None +582 Beaverdam Creek Tributary 1 At the confluence with Beaverdam Creek None +593 York County (Unincorporated Areas). Approximately 6,010 feet upstream of Chimney Ford Road None +666 Beaverdam Creek Tributary 2 At the confluence with Beaverdam Creek None +635 York County (Unincorporated Areas). Approximately 320 feet downstream of Bate Harvey Road None +685 Beaverdam Creek Tributary 3 At the confluence with Beaverdam Creek None +649 Town of Clover. Approximately 7,540 feet upstream of Old Carriage Road None +728 Beaverdam Creek Tributary 4 At the confluence with Beaverdam Creek None +711 York County (Unincorporated Areas), Town of Clover. Approximately 640 feet upstream of Carbon Metallic Hwy None +789 Big Branch At the confluence with Big Allison Branch None +575 York County (Unincorporated Areas). Approximately 1,155 feet southwest of the intersection of Old Cedar Circle and Big Branch Court None +612 Big Allison Creek At the confluence with Lake Wylie None +570 York County (Unincorporated Areas). Approximately 5,570 feet upstream of the confluence with Big Allison Creek Tributary 4 None +771 Big Allison Creek Tributary 1 At the confluence with Big Allison Branch None +634 York County (Unincorporated Areas). Approximately 5,280 feet upstream of Paraham Road South None +634 Big Allison Creek Tributary 2 At the confluence with Big Allison Creek None +633 York County (Unincorporated Areas). Just upstream of Meadow Road None +641 Big Allison Creek Tributary 3 At the confluence with Big Allison Creek None +673 York County (Unincorporated Areas). Approximately 60 feet upstream of Brown Pelican Court None +713 Big Allison Creek Tributary 4 At the confluence with Big Allison Creek None +735 York County (Unincorporated Areas). Approximately 80 feet downstream of Wilmoth Road None +784 Big Dutchman Creek At the confluence with Catawba River None +511 York County (Unincorporated Areas) City of Rock Hill. Approximately 50 feet downstream of Mt. Gallant Road None +515 Blue Branch At the confluence with Turkey Creek None +387 York County (Unincorporated Areas). Approximately 550 feet downstream of McConnells Hwy West None +472 York County (Unincorporated Areas). Blue Branch Tributary 1 At the confluence with Blue Branch None +392 York County (Unincorporated Areas). Approximately 3,800 feet upstream above the confluence with Blue Branch None +442 Broad River Approximately 7,030 feet downstream of the confluence of Robertson Branch None +433 York County (Unincorporated Areas). At the confluence of Kings Creek None +456 Bryson Creek At the confluence with Turkey Creek None +414 York County (Unincorporated Areas). Approximately 430 feet downstream of Parson Road None +540 Buck Horn Creek At the confluence with Susybole Creek None +490 York County (Unincorporated Areas). Approximately 440 feet downstream of Templeton Road None +744 Buck Horn Creek Tributary 1 At the confluence with Buck Horn Creek None +562 York County (Unincorporated Areas). Approximately 780 feet upstream of Broadhurst Lane None +609 Buck Horn Creek Tributary 2 At the confluence with Buck Horn Creek None +578 York County (Unincorporated Areas). Approximately 1,550 feet upstream of Propst Road None +593 Buck Horn Creek Tributary 3 At the confluence with Buck Horn Creek None +577 York County (Unincorporated Areas). Approximately 1,960 feet upstream of Propst Road None +607 Buck Horn Creek Tributary 4 At the confluence with Buck Horn Creek None +619 York County (Unincorporated Areas). Approximately 2,720 feet upstream of Quarry Road None +719 Buck Horn Creek Tributary 5 At the confluence with Buck Horn Creek None +638 York County (Unincorporated Areas). Approximately 2,940 feet upstream of the confluence with Buck Horn Creek None +736 Buck Horn Creek Tributary 6 At the confluence with Buck Horn Creek None +701 York County (Unincorporated Areas). Approximately 450 feet southeast of the intersection of Hartness Road and Templeton Road None +746 Bullock Creek At the confluence with Broad River None +436 York County (Unincorporated Areas). Approximately 1,220 feet upstream of Crossland Road None +662 Bullock Creek Tributary 1 At the confluence of Bullock Creek None +474 York County (Unincorporated Areas). Approximately 3,370 feet upstream of the confluence with Bullock Creek None +487 Bullock Creek Tributary 2 At the confluence of Bullock Creek None +491 York County (Unincorporated Areas). Approximately 8,890 feet upstream of the confluence with bullock Creek None +547 Bullock Creek Tributary 3 At the confluence of Bullock Creek None +506 York County (Unincorporated Areas). Approximately 4,500 feet upstream of the confluence with Bullock Creek None +539 Bullock Creek Tributary 4 At the confluence of Bullock Creek None +514 York County (Unincorporated Areas). Approximately 2,520 feet upstream of the confluence with Bullock Creek None +541 Bullock Creek Tributary 5 At the confluence of Bullock Creek None +522 York County (Unincorporated Areas). Approximately 1,350 feet upstream of the confluence with Bullock Creek None +529 Bullock Creek Tributary 6 At the confluence of Bullock Creek None +530 York County (Unincorporated Areas). Approximately 2,110 feet upstream of the confluence with Bullock Creek None +550 Bullock Creek Tributary 7 At the confluence of Bullock Creek None +620 York County (Unincorporated Areas). Approximately 90 feet downstream of Beersheba Road North None +649 Burgis Creek At the confluence of Catawba River None +492 York County (Unincorporated Areas). Approximately 100 feet downstream of White Horse Road None +550 Calabash Branch At the confluence with Big Allison Creek None +618 York County (Unincorporated Areas), Town of Clover. Approximately 850 feet upstream of McConnell Street None +762 Camp Run At the confluence with Beaverdam Creek None +594 York County (Unincorporated Areas). Approximately 300 feet upstream of W.H. Stowe Road None +606 Carter Branch At the confluence with Susybole Creek None +458 York County (Unincorporated Areas). Approximately 1,640 feet upstream of Burgis Road South None +490 Catawba River Approximately 4,370 feet downstream of the Railroad crossing None +467 York County (Unincorporated Areas), Catawba Indian Nation. Just downstream of the Lake Wylie Dam *524 +517 Catawba River Tributary 1 At the confluence with Catawba River None +467 York County (Unincorporated Areas), City of Rock Hill. At the Chester/York County Boundary None +502 Catawba River Tributary 2 At the confluence with Catawba River None +480 York County (Unincorporated Areas). Approximately 3,370 feet upstream of the confluence with Catawba River None +503 Catawba River Tributary 3 At the confluence with Mooneys Hill Branch None +521 York County (Unincorporated Areas). Approximately 1,605 feet upstream of the confluence with Mooneys Hill Branch None +539 Catawba River Tributary 4 At the confluence with Mooneys Hill Branch None +535 York County (Unincorporated Areas). Approximately 1,980 feet upstream of the confluence with Mooneys Hill Branch None +545 Catawba River Tributary 6 At the confluence with Lake Wylie None +570 York County (Unincorporated Areas). Approximately 1,980 feet upstream of the confluence with Lake Wylie None +573 Catawba River Tributary 9 At the confluence with Catawba River Tributary 3 None +529 York County (Unincorporated Areas). Approximately 585 feet upstream of the confluence with Catawba Riber Tributary 10 None +548 Catawba River Tributary 10 At the confluence with Catawba River Tributary 9 None +537 York County (Unincorporated Areas). Approximately 625 feet upstream of the confluence with Catawba River Tributary 9 None +547 Catawba River Tributary 11 At the confluence with Catawba River None +480 York County (Unincorporated Areas). Approximately 4,530 feet upstream of the confluence with Catawba River None +507 Clark Creek At the confluence with Bullock Creek None +467 York County (Unincorporated Areas). Approximately 2,310 feet upstream of Park Road None +704 Clark Creek Tributary 1 At the confluence with Clark Creek None +477 York County (Unincorporated Areas). Approximately 870 feet downstream of Walnut Street Extension None +496 Clark CreekTributary 2 At the confluence with Clark Creek None +489 York County (Unincorporated Areas). Approximately 1,650 feet upstream of the confluence with Clark Creek None +507 Clark Creek Tributary 3 At the confluence with Clark Creek None +503 York County (Unincorporated Areas). Approximately 2,210 feet upstream of the confluence with Clark Creek None +519 Clark Creek Tributary 4 At the confluence with Clark Creek None +520 York County (Unincorporated Areas). Approximately 1,710 feet upstream of the confluence with Clark Creek None +536 Clark Creek Tributary 5 At the confluence with Clark Creek None +527 York County (Unincorporated Areas). Approximately 2,000 feet upstream of the confluence with Clark Creek None +545 Clark Creek Tributary 6 At the confluence with Clark Creek None +539 York County (Unincorporated Areas). Approximately 1,800 feet upstream of the confluence with Clark Creek None +567 Clark Creek Tributary 8 At the confluence with Clark Creek None +543 York County (Unincorporated Areas). Approximately 1,490 feet upstream of the confluence with Clark Creek None +569 Clinton Branch Approximately 2,160 feet downstream of the confluence of Clinton Branch Tributary 1 None +513 York County (Unincorporated Areas). Approximately 2,280 feet downstream of Mount Holly Road None +612 Clinton Branch Tributary 1 At the confluence of Clinton Branch None +522 York County (Unincorporated Areas). Approximately 3,230 feet upstream of the confluence with Clinton Branch None +548 Conrad Creek Approximately 2,160 feet downstream of the confluence of Conrad Creek Tributary 1 None +551 York County (Unincorporated Areas). Approximately 6,120 feet upstream of the confluence of Conrad Creek Tributary 5 None +638 Conrad Creek Tributary 1 At the confluence with Conrad Creek None +554 York County (Unincorporated Areas). Approximately 4,450 feet upstream of the confluence with Conrad Creek None +581 Conrad Creek Tributary 2 At the confluence with Conrad Creek None +568 York County (Unincorporated Areas). Approximately 1,540 feet upstream of Lowrys Road None +616 Conrad Creek Tributary 3 At the confluence with Conrad Creek None +567 York County (Unincorporated Areas). Approximately 4,470 feet upstream of the confluence with Conrad Creek None +601 Conrad Creek Tributary 4 At the confluence with Conrad Creek None +583 York County (Unincorporated Areas). Approximately 5,450 feet upstream of the confluence with Conrad Creek None +613 Conrad Creek Tributary 5 At the confluence with Conrad Creek None +592 York County (Unincorporated Areas). Approximately 6,190 feet upstream of the confluence with Conrad Creek None +640 Creekside Branch At the confluence with Langham Branch None +588 York County (Unincorporated Areas), City of York. Approximately 665 feet upstream of the confluence of Creekside Branch Tributary 1 None +649 Creekside Branch Tributary No. 1 At the confluence with Creekside Branch None +647 York County (Unincorporated Areas), City of York. Approximately 300 feet south of the intersection of Benfield Avenue and Lynwood Circle None +681 Creekside Branch Tributary No. 2 At the confluence with Creekside Branch None +637 York County (Unincorporated Areas). Approximately 3,810 feet upstream of the confluence of Creekside Branch Tributary 7 None +674 Creekside Branch Tributary No. 4 At the confluence with Creekside Branch None +602 York County (Unincorporated Areas). Approximately 2,905 feet upstream of the confluence of Creekside Branch Tributary 7 None +616 Creekside Branch Tributary No. 5 At the confluence with Creekside Branch None +637 York County (Unincorporated Areas), City of York. Approximately 1,290 feet upstream of the confluence of Creekside Branch None +640 Creekside Branch Tributary No. 6 At the confluence with Creekside Branch None +639 York County (Unincorporated Areas). Approximately 1.630 feet upstream of the confluence of Creekside Branch None +644 Creekside Branch Tributary No. 7 At the confluence with Creekside Branch Tributary No. 2 None +637 York County (Unincorporated Areas). Approximately 930 feet upstream of the confluence of Creekside Branch Tributary 2 None +638 Crowders Creek At the confluence with Lake Wylie None +570 York County (Unincorporated Areas). Approximately 2,800 feet upstream of confluence of Crowder Creek Tributary 1 None +618 Crowders Creek Tributary 1 At the confluence with Crowders Creek None +615 York County (Unincorporated Areas). Approximately 1,980 feet upstream of confluence with Crowder Creek None +622 Crowders Creek Tributary 2 At the confluence with Crowders Creek None +575 York County (Unincorporated Areas). Approximately 4,100 feet upstream of confluence with Crowder Creek None +597 Crowders Creek Tributary 3 Approximately 6,810 feet downstream of Colonial Road None +641 York County (Unincorporated Areas). Approximately 4,430 feet downstream of Colonial Road None +654 Diggers Branch At the confluence with Clark Creek None +556 York County (Unincorporated Areas). Approximately 2,260 feet upstream of Jenkins Road None +649 Dry Fork At the confluence with Turkey Creek None +482 York County (Unincorporated Areas). Approximately 150 feet downstream of Sharon Road None +521 Dry Fork Tributary 1 At the confluence of Dry Fork None +488 York County (Unincorporated Areas), Town of Fort Mill. Approximately 130 feet downstream of Sharon Road None +510 Dye Branch At the confluence with Catawba River None +507 York County (Unincorporated Areas). Approximately 1,425 feet downstream of Harris Road None +531 Ferry Branch At the confluence with Catawba River None +475 York County (Unincorporated Areas). Approximately 3,540 feet upstream of Ferry Branch Tributary 3 None +612 Ferry Branch Tributary 2 At the confluence with Ferry Branch None +533 York County (Unincorporated Areas). Approximately 1,450 feet downstream of Reservation Road None +555 Ferry Branch Tributary 3 At the confluence with Ferry Branch None +568 York County (Unincorporated Areas). Approximately 470 feet downstream of Cureton Ferry Road None +577 Fishing Creek Approximately 2,470 feet downstream of the confluence of a unnamed tributary to Fishing Creek None +486 York County (Unincorporated Areas), City of Rock Hill, City of York. Approximately 760 feet upstream of Lincoln Road None +656 Fishing Creek Tributary At the confluence with Fishing Creek None +547 York County (Unincorporated Areas). Approximately 2,925 feet upstream of Zinker Road None +605 Fishing Creek Tributary 1 At the confluence with Fishing Creek None +642 York County (Unincorporated Areas), City of York. At Lincoln Road None +710 Fishing Creek Tributary 1A At the confluence with Fishing Creek Tributary 1 None +677 City of York. At Ross Cannon Street None +704 Fishing Creek Tributary 1B At the confluence with Fishing Creek Tributary 1 None +686 City of York. At Hall Street None +705 Fishing Creek Tributary 2 At the confluence with Fishing Creek None +595 York County (Unincorporated Areas). Approximately 1,640 feet southeast of the intersection of Country Trail Road and Ernest Road None +636 Fishing Creek Tributary 3 At the confluence with Fishing Creek None +643 York County (Unincorporated Areas), City of York. Approximately 2,890 feet upstream of Alexander Love Hwy East None +693 Fishing Creek Tributary 4 At the confluence with Fishing Creek None +532 York County (Unincorporated Areas). Approximately 50 feet downstream of Oak Park Road None +546 Fishing Creek Tributary 5 At the confluence with Fishing Creek None +540 York County (Unincorporated Areas). Approximately 1,985 feet upstream of the confluence of Fishing Creek Tributary 7 None +598 Fishing Creek Tributary 6 At the confluence with Fishing Creek Tributary 5 None +563 York County (Unincorporated Areas). Approximately 490 feet downstream of Highwood Road None +604 Fishing Creek Tributary 7 At the confluence with Fishing Creek Tributary 5 None +571 York County (Unincorporated Areas). Approximately 1,255 feet upstream of the confluence with Fishing Creek Tributary 5 None +596 Fishing Creek Tributary 8 At the confluence with Fishing Creek Tributary 6 None +580 York County (Unincorporated Areas). Approximately 450 feet upstream of Highwood Road None +597 Fishing Creek Tributary 9 At the confluence with Fishing Creek None +623 York County (Unincorporated Areas). Approximately 790 feet upstream of Trotter Place None +660 Fishing Creek Tributary 10 At the confluence with Fishing Creek None +614 York County (Unincorporated Areas), City of York. Approximately 50 feet northeast of the end of Cricket Run None +631 Fishing Creek Tributary 11 At the confluence with Fishing Creek None +554 York County (Unincorporated Areas). Approximately 2,550 feet upstream of Turkey Farm Road None +580 Fishing Creek Tributary 12 At the confluence with Fishing Creek None +565 York County (Unincorporated Areas). Approximately 2,605 feet upstream of the confluence with Fishing Creek None +575 Fishing Creek Tributary 13 At the confluence with Fishing Creek None +567 York County (Unincorporated Areas). Approximately 2,780 feet upstream of the confluence with Fishing Creek None +584 Fishing Creek Tributary 14 At the confluence with Fishing Creek None +569 York County (Unincorporated Areas). Approximately 3,690 feet upstream of the confluence with Fishing Creek None +600 Fishing Creek Tributary 15 At the confluence with Fishing Creek None +575 York County (Unincorporated Areas). Approximately 1,650 feet upstream of the confluence with Fishing Creek None +594 Fishing Creek Tributary 16 At the confluence with Fishing Creek Tributary 2 None +617 York County (Unincorporated Areas). Approximately 3,150 feet upstream of the confluence with Fishing Creek Tributary 2 None +675 Gin Branch At the confluence with Bullock Creek None +598 York County (Unincorporated Areas). Approximately 70 feet downstream of Bush Road None +639 Grist Branch At the confluence with Big Allison Creek None +610 York County (Unincorporated Areas). Approximately 60 feet downstream of Wood Drive None +625 Guyon Moore Creek At the confluence with Broad River None +446 York County (Unincorporated Areas). Approximately 7,370 feet upstream of the confluence of Guyon Moore Creek None +597 Guyon Moore Creek Tributary 1 At the confluence with Guyon Moore Creek None +538 York County (Unincorporated Areas). Approximately 1,980 feet upstream of the confluence with Guyon Moore Creek None +558 Haggins Branch At the confluence with Catawba River None +483 York County (Unincorporated Areas). Approximately 394 feet upstream of Greenwood Road None +557 Hidden Creek At the confluence with Catawba River None +511 York County (Unincorporated Areas), City of Rock Hill. Just downstream of Riverview Road None +563 Jennings Branch At the confluence with Clark Creek None +673 York County (Unincorporated Areas), City of Rock Hill. Approximately 4,280 feet upstream of the confluence with Clark Creek None +683 Johnson Branch At the confluence with Rock Branch None +608 York County (Unincorporated Areas). Approximately 1,440 feet downstream of Lincoln Road None +626 Jones Branch At the confluence with Dye Branch None +515 York County (Unincorporated Areas). Approximately 280 feet downstream of Harris Road None +582 Kings Creek At the confluence with Broad River None +493 York County (Unincorporated Areas). Approximately 5,330 feet upstream of River Road None +515 Kirkpatrick Branch At the confluence with Bullock Creek None +436 York County (Unincorporated Areas). Approximately 1,600 feet downstream of Lockhart Road None +472 Lake Wylie None +570 York County (Unincorporated Areas), City of Tega Cay. Langham Branch At the confluence with Fishing Creek None +573 York County (Unincorporated Areas), City of York. Approximately 250 feet downstream of Liberty Street East None +668 Langham Branch Tributary 2 At the confluence with Langham Branch None +587 York County (Unincorporated Areas). Approximately 1,890 feet upstream of the confluence with Langham Branch None +598 Leroy Branch At the confluence with Steele Creek None +526 York County (Unincorporated Areas) Town of Fort Mill. Approximately 175 feet upstream of the confluence of Leroy Branch Tributary 1 None +562 Leroy Branch Tributary 1 At the confluence with Leroy Branch None +561 Town of Fort Mill. Approximately 1,000 feet upstream of the confluence with Leroy Branch None +574 Lindsey Creek At the confluence with Wright Creek None +496 York County (Unincorporated Areas). Approximately 610 feet upstream of Larchwood Road None +605 Lindsey Creek Tributary 1 At the confluence with Lindsey Creek None +572 York County (Unincorporated Areas). Approximately 990 feet downstream of Larchwood Road None +600 Little Allison Creek At the confluence with Lake Wylie None +570 York County (Unincorporated Areas). Approximately 1,990 feet downstream of Charlotte Hwy None +720 Little Allison Creek Tributary 1 At the confluence of Little Allison Creek None +619 York County (Unincorporated Areas). Approximately 840 feet upstream of Tirzah Road Extension None +652 Little Allison Creek Tributary 2 At the confluence of Little Allison Creek None +602 York County (Unincorporated Areas). Approximately 50 feet downstream of Harper Road None +621 Little Dutchman Tributary 1A Just upstream of Ebingport Road None +572 City of Rock Hill. Approximately 205 feet upstream of Roundtree Circle None +587 Little Turkey Creek At the confluence with Turkey Creek None +420 York County (Unincorporated Areas). Approximately 4,120 feet upstream of Garvin Road None +511 Little Turkey Creek Tributary 1 At the confluence with Little Turkey Creek None +572 York County (Unincorporated Areas). Approximately 2,790 feet upstream of the confluence with Little Turkey Creek None +600 Love Creek At the confluence with South Fork Fishing Creek None +534 York County (Unincorporated Areas), Town of McConnells. Approximately 1,690 feet upstream of McConnels Hwy None +617 Love Creek Tributary 1 At the confluence with Love Creek None +561 York County (Unincorporated Areas). Approximately 100 feet downstream of McConnells Hwy None +617 Loves Creek At the confluence with Bullock Creek None +436 York County (Unincorporated Areas), Town Hickory Grove. Just downstream of Smith Street None +620 Loves Creek Tributary 1 At the confluence with Loves Creek None +510 York County (Unincorporated Areas). Approximately 100 feet upstream of Howells Ferry Road None +552 Loves Creek Tributary 2 At the confluence with Loves Creek None +493 York County (Unincorporated Areas). Approximately 2,630 feet upstream of Howells Ferry Road None +516 Manchester Creek Approximately 790 feet downstream of the confluence of Manchester creek Tributary 1 *516 +515 York County (Unincorporated Areas), City of Rock Hill. Approximately 1,390 feet upstream of Mt. Gallant Road East *549 +549 Manchester Creek Tributary 1 At the confluence with Manchester Creek *517 +518 York County (Unincorporated Areas), City of Rock Hill. Approximately 2,110 feet upstream of David Lyle Boulevard *532 +531 Manchester Creek Tributary 1 Approximately 1,855 feet upstream of Evelyn Street *548 +548 York County (Unincorporated Areas), City of Rock Hill. Approximately 3,195 feet upstream of Evelyn Street None +561 Manchester Creek Tributary 2 Approximately 2,260 feet upstream of Poe Street None +609 York County (Unincorporated Areas), City of Rock Hill. Approximately 3,750 feet upstream of Poe Street None +628 Manchester Creek Tributary 3 Approximately 250 feet downstream of Eastwood Drive None +604 York County (Unincorporated Areas), City of Rock Hill. Approximately 50 feet downstream of Pearl Street None +609 McClures Branch At the confluence with Little Turkey Creek None +455 York County (Unincorporated Areas). Approximately 4,390 feet upstream of the confluence of McClures Branch Tributary 1 None +545 McClures Branch Tributary 1 At the confluence of McClures Branch None +509 York County (Unincorporated Areas). Approximately 2,560 feet upstream of the confluence of McClures Branch None +528 Mill Creek At the confluence with Lake Wylie None +570 York County (Unincorporated Areas). Approximately 410 feet upstream of Riddle Mill Road None +656 Mill Creek Tributary 1 At the confluence with Mill Creek None +379 York County (Unincorporated Areas). Approximately 1,360 feet downstream of Valley View Drive Road None +593 Mill Creek Tributary 2 At the confluence with Mill Creek None +595 York County (Unincorporated Areas). Approximately 410 feet northwest of the intersection of Shagbark Land and Pine Lake Road None +631 Mitchell Branch At the confluence of Bullock Creek None +448 York County (Unincorporated Areas). Approximately 6,370 feet upstream of Sherer Road None +587 Mooneys Hill Branch At the confluence with Catawba River None +500 York County (Unincorporated Areas), Town of Fort Mill. Approximately 1,045 feet downstream of Spratts Branch None +573 Mooneys Hill Branch Tributary 1 At the confluence of Mooneys Hill Branch None +500 York County (Unincorporated Areas). Approximately 2,875 feet upstream of the confluence with Mooneys Hill Branch None +537 Morris Branch At the confluence with Big Allison Creek None +646 York County (Unincorporated Areas). Approximately 3,810 feet upstream of Smith Road None +688 Mud Creek At the confluence with Broad River None +448 York County (Unincorporated Areas). Approximately 100 feet upstream of Martin Road None +526 Neelys Creek Approximately 6,330 feet downstream of Pitts Road None +506 York County (Unincorporated Areas). Approximately 180 feet upstream of Hovis Road *None +629 Palmer Branch At the confluence with Rainey Branch None +406 York County (Unincorporated Areas). Approximately 5,120 feet upstream of the confluence with Rainey Branch None +417 Plexico Branch At the confluence with Bullock Creek None +444 York County (Unincorporated Areas). Approximately 5,620 feet upstream of Hoodtown Road None +513 Rainey Branch Approximately 2,200 feet downstream of the confluence of Palmer Branch None +392 York County (Unincorporated Areas). Approximately 6,070 feet upstream of the confluence of Rainey Branch Tributary 1 None +485 Rainey Branch Tributary 1 At the confluence with Rainey Branch None +420 York County (Unincorporated Areas). Approximately 2,040 feet upstream of the confluence with Rainey Branch None +433 Rock Branch At the confluence with Big Allison Creek None +596 York County (Unincorporated Areas). Approximately 300 feet upstream of Lincoln Road None +635 Rocky Branch At the confluence with Bullock Creek None +543 York County (Unincorporated Areas). Approximately 5,030 feet upstream of Turner Road None +686 Rocky Branch Tributary 1 At the confluence with Rocky Branch None +558 York County (Unincorporated Areas). Approximately 3,530 feet upstream of the confluence with Rocky Branch None +601 Ross Branch At the confluence with Turkey Creek None +542 York County (Unincorporated Areas). Approximately 4,460 feet upstream of Longleaf Road None +636 Ross Branch Tributary At the confluence with Ross Branch None +602 York County (Unincorporated Areas). Approximately 8,030 feet upstream of the confluence with Ross Branch None +723 Ross Branch Tributary 1 At the confluence with Ross Branch None +626 York County (Unincorporated Areas). Approximately 3,660 feet upstream of the confluence with Ross Branch None +642 Ross Branch Tributary 3 At the confluence with Ross Branch None +615 York County (Unincorporated Areas). Approximately 2,180 feet upstream of Fleetwood Road None +703 Ross Branch Tributary 4 At the confluence with Ross Branch None +606 York County (Unincorporated Areas). Approximately 720 feet upstream of Sharon Road None +621 Rum Branch Approximately 1,510 feet downstream of Antler Drive None +508 York County (Unincorporated Areas). Approximately 200 feet downstream of Neelys Creek None +590 Rum Branch Tributary 1 At the confluence with Rum Branch None +551 York County (Unincorporated Areas). Approximately 1,050 feet southwest of the intersect of Brer Rabbit and Carrie Estates Drive None +597 Rum Branch Tributary 2 At the confluence with Rum Branch Tributary 1 None +551 York County (Unincorporated Areas). Approximately 1,790 feet upstream of the Railroad crossing None +589 Silver Creek At the confluence with Buck Horn Creek None +508 York County (Unincorporated Areas). Approximately 5,140 feet upstream of Sierra Road None +656 Six Mile Creek At the confluence with Catawba River None +478 York County (Unincorporated Areas). Approximately 1,350 feet downstream of George Dunn Road None +494 Six Mile Creek Tributary 2 At the confluence of Six Mile Creek None +481 York County (Unincorporated Areas). Approximately 2,460 feet upstream of the confluence with Six Mile Creek None +487 South Fork Crowder Creek Approximately 3,360 feet downstream of Lloyd Wright Road None +665 York County (Unincorporated Areas). Approximately 720 feet upstream of Battleground Road None +778 South Fork Crowder Creek Tributary I At the confluence with South Fork Crowders Creek None +677 York County (Unincorporated Areas). Approximately 2,030 feet upstream of the confluence with South Fork Crowders Creek None +706 South Fork Crowder Creek Tributary 2 At the confluence with South Fork Crowders Creek None +688 York County (Unincorporated Areas). Approximately 410 feet downstream of Whiteside Road None +708 South Fork Fishing Creek Approximately 3,210 feet downstream of the confluence of South Fishing Creek Tributary 1 None +519 York County (Unincorporated Areas). Approximately 1,080 feet upstream of Brattonville Road None +634 South Fork Fishing Creek Tributary 1 At the confluence with South Fork Fishing Creek None +525 York County (Unincorporated Areas). Approximately 4,350 feet upstream of Chappell Road East None +543 South Fork Fishing Creek Tributary 2 At the confluence with South Fork Fishing Creek None +525 Approximately 4,790 feet upstream of the confluence with South Fork Fishing Creek None +545 South Fork Fishing Creek Tributary 3 At the confluence with South Fork Fishing Creek None +548 York County (Unincorporated Areas). Approximately 2,380 feet upstream of the confluence with South Fork Road None +571 South Fork Fishing Creek Tributary 4 At the confluence with South Fork Fishing Creek None +558 York County (Unincorporated Areas). Approximately 2,450 feet upstream of the confluence with South Fork Fishing Creek None +583 South Fork Fishing Creek Tributary 5 Approximately 3,570 feet downstream of Chappell Road East None +516 York County (Unincorporated Areas). Approximately 2,230 feet downstream of Chappell Road East None +517 South Fork Fishing Creek Tributary 6 Just upstream of Chappell Road East None +513 York County (Unincorporated Areas). Approximately 2,800 feet downstream of Border Road West None +525 Stoney Fork At the confluence of Fishing Creek None +495 York County (Unincorporated Areas). Approximately 5,740 feet upstream of Moore Road None +656 Stoney Fork Tributary 1 At the confluence of Stoney Fork None +501 York County (Unincorporated Areas). Approximately 3,000 feet upstream of Williamson Road None +535 Stoney Fork Tributary 2 At the confluence of Stoney Fork None +523 York County (Unincorporated Areas). Approximately 2,200 feet upstream of Ogden Road None +634 Stoney Fork Tributary 3 At the confluence of Stoney Fork None +551 York County (Unincorporated Areas). Approximately 5,290 feet upstream of the confluence iwth Stoney Fork None +580 Stoney Fork Tributary 4 At the confluence of Stoney Fork None +563 York County (Unincorporated Areas). Approximately 2,370 feet upstream of Faires Road None +605 Sugar Creek Tributary 2 At the confluence with Sugar Creek None +496 York County (Unincorporated Areas). Approximately 770 feet southest of the intersection of Bobys Bridge Road and Whites Road None +627 Susybole Creek Approximately 3,600 feet downstream of the confluence with Carter Branch None +455 York County (Unincorporated Areas). Approximately 9,180 feet upstream of Buris Road South None +506 Taylors Creek At the confluence with Fishing Creek None +502 York County (Unincorporated Areas), City of Rock Hill. Approximately 335 feet downstream of Firetower Road None +569 Taylors Creek Tributary 1 At the confluence with Taylors Creek None +521 York County (Unincorporated Areas), City of Rock Hill. Approximately 210 feet downstream of Glendarden Avenue None +569 Taylors Creek Tributary 2 At the confluence with Taylors Creek None +535 York County (Unincorporated Areas), City of Rock Hill. Approximately 105 feet downstream of Albright Road None +549 Taylors Creek Tributary 3 At the confluence with Taylors Creek None +548 York County (Unincorporated Areas). Approximately 1,410 feet upstream of Taylors Creek Road None +586 Thompson Branch At the confluence with Bullock Creek None +466 York County (Unincorporated Areas). Approximately 2,190 feet upstream of Walnut Street Extension None +513 Thompson Branch Tributary 1 At the confluence with Thompson Branch None +473 York County (Unincorporated Areas). Approximately 1,130 feet downstream of Sawmill Road None +489 Tools Fork Creek Approximately 750 feet upstream of York Hwy None +583 York County (Unincorporated Areas). Approximately 1,950 feet upstream of Mt. Gallant Road West None +615 Tools Fork Creek Tributary At the confluence with Tools Fork Creek None +581 York County (Unincorporated Areas). Approximately 1,390 feet downstream of Old York Road None +636 Tools Fork Creek Tributary 2 At the confluence with Tools Fork Creek None +597 York County (Unincorporated Areas). Approximately 230 feet downstream of Tirzah Road None +608 Tools Fork Creek Tributary 3 At the confluence with Tools Fork Creek Tributary 1 None +583 York County (Unincorporated Areas). Approximately 155 feet downstream of Pine Grove Court None +599 Turkey Creek Approximately 1,390 feet downstream of the confluence of Blue Branch None +397 York County (Unincorporated Areas), City of York. Approximately 5,410 feet upstream of Springlake Road None +694 Turkey Creek Tributary 1 At the confluence with Turkey Creek None +581 York County (Unincorporated Areas). Approximately 1,075 feet upstream of the confluence with Turkey Creek None +636 Turkey Creek Tributary 2 At the confluence with Turkey Creek None +668 York County (Unincorporated Areas). Approximately 2,845 feet upstream of James Harvey Road None +707 Turkey Creek Tributary 3 At the confluence with Turkey Creek None +661 York County (Unincorporated Areas). Approximately 475 feet upstream of the confluence with Turkey Creek None +680 Turkey Creek Tributary 4 At the confluence with Turkey Creek None +653 York County (Unincorporated Areas). Approximately 105 feet upstream of Tanager Drive None +666 Turkey Creek Tributary 5 At the confluence with Turkey Creek None +649 York County (Unincorporated Areas). Approximately 1,005 feet upstream of the confluence with Turkey Creek None +671 Turkey Creek Tributary 6 At the confluence with Turkey Creek None +617 York County (Unincorporated Areas). Approximately 1,660 feet upstream of the confluence with Turkey Creek None +656 Turkey Creek Tributary 7 At the confluence with Turkey Creek None +477 York County (Unincorporated Areas). Approximately 5,130 feet upstream of the confluence with Turkey Creek None +572 Turkey Creek Tributary 8 At the confluence with Turkey Creek None +437 York County (Unincorporated Areas). Approximately 6,360 feet upstream of the confluence with Turkey Creek None +477 Turkey Creek Tributary 9 At the confluence with Turkey Creek Tributary 8 None +436 York County (Unincorporated Areas). Approximately 1,760 feet upstream of the confluence with Turkey Creek Tributary 8 None +452 Turkey Creek Tributary 10 At the confluence with Turkey Creek None +427 York County (Unincorporated Areas). Approximately 4,510 feet upstream of Feemster Road None +481 Turkey Creek Tributary 11 At the confluence with Turkey Creek None +408 York County (Unincorporated Areas). Approximately 9,360 feet upstream of the confluence with Turkey Creek None +447 Turkey Creek Tributary 12 At the confluence with Turkey Creek None +407 York County (Unincorporated Areas). Approximately 300 feet downstream of Burris Road North None +444 Turkey Creek Tributary 13 At the confluence with Turkey Creek None +400 York County (Unincorporated Areas). Approximately 6,690 feet upstream of the confluence with Turkey Creek None +443 Turkey Creek Tributary 14 At the confluence with Turkey Creek None +399 York County (Unincorporated Areas). Approximately 6,450 feet upstream of the confluence with Turkey Creek None +426 Walker Branch At the confluence with Calabash Branch None +637 York County (Unincorporated Areas), Town of Clover. Approximately 3,530 feet upstream of St. Paul Church Road None +727 Wildcat Creek At the confluence with Fishing Creek None +520 York County (Unincorporated Areas), City of Rock Hill. Approximately 675 downstream of Odgen Road None +532 Wildcat Creek At McConnells Hwy None +558 York County (Unincorporated Areas), City of Rock Hill. Approximately 890 feet upstream of Heckle Boulevard None +680 Wildcat Creek Tributary 1 At the confluence with Wildcat Creek None +544 York County (Unincorporated Areas), City of Rock Hill. Approximately 330 feet downstream of the confluence with Wildcat Creek Tributary 1-A None +574 Wildcat Creek Tributary 1-A At the confluence with Wildcat Creek Tributary 1 None +575 York County (Unincorporated Areas), City of Rock Hill. Approximately 75 feet downstream of Finley Road None +590 Wildcat Creek Tributary 2 At the confluence with Wildcat Creek None +549 York County (Unincorporated Areas), City of Rock Hill. Approximately 1,495 feet downstream of McConnells Hwy None +556 Wildcat Creek Tributary 3 At the confluence with Wildcat Creek None +547 York County (Unincorporated Areas). Approximately 355 feet upstream of Reese Roach Road None +593 Wildcat Creek Tributary 4 At the confluence with Wildcat Creek None +558 York County (Unincorporated Areas), City of Rock Hill. Approximately 560 feet downstream of Herlong Avenue South None +606 Wildcat Creek Tributary 5 At the confluence with Wildcat Creek None +577 York County (Unincorporated Areas). Approximately 510 feet upstream of Hollis Lakes Road None +632 Wolf Creek At the confluence with Kings Creek None +456 City of Rock Hill. At the Cherokee/York County Boundary None +640 Wright Creek At the confluence with Little Turkey Creek None +496 York County (Unincorporated Areas). Approximately 680 feet upstream of the confluence with Lindsay Creek None +558 # Depth in feet above ground. * National Geodetic Vertical Datum. + National American Vertical Datum. ADDRESSES Unincorporated Areas of York County Maps are available for inspection at 6 South Congress Street, York, SC 29745. Send comments to Alfred W. Greene, County Manager, York County, P.O. Box 66, York, SC 29745-0066. Catawba Indian Nation Maps are available for inspection at 996 Avenue of the Nation, Rock Hill, SC 29730. Send comments to Chief Gilbert Blue, Catawba Indian Nation, 996 Avenue of the Nation, Rock Hill, SC 29730. Town of Clover Maps are available for inspection at 114 Bethel Street, Clover, SC 29710-0181. Send comments to the Honorable Donnie D. Grice, Mayor, Town of Clover, P.O. Box 181, Clover, SC 29710-0181. Town of Fort Mill Maps are available for inspection at 112 Confederate Street, Fort Mill, SC 29715-0159. Send comments to the Honorable Charles E. Powers, Mayor, Town of Fort Mill, P.O. Box 159, Fort Mill, SC 29715-0159. Town of Hickory Grove Maps are available for inspection at 6001 Wylie Avenue, Hickory Grove, SC 29717-0126. Send comments to the Honorable Larry A. Earl, Mayor, Town of Hickory Grove, P.O. Box 126, Hickory Grove, SC 29717-0126. Town of McConnells Maps are available for inspection at 4178 Chester Highway, McConnells, SC 29726-0115. Send comments to the Honorable H. John Harshaw, Jr., Mayor, Town of McConnells, P.O. Box 115, McConnells, SC 29726-0115. City of Rock Hill Maps are available for inspection at 155 Johnson Street, Rock Hill, SC 29731-1706. Send comments to the Honorable Douglas Echols, Mayor, City of Rock Hill, P.O. Box 11706, Rock Hill, SC 29731-1706. City of Tega Cay Maps are available for inspection at 7000 Tega Cay Drive, Tega Cay, SC 29708-3399. Send comments to the Honorable Robert C. Runde, Mayor, City of Tega Cay, P.O. Box 3399, Tega Cay, SC 29708-3399. City of York Maps are available for inspection at 10 North Roosevelt Street, York, SC 29745-0500. Send comments to the Honorable J. Edward Lee, Mayor, City of York, P.O. Box 500, York, SC 29745-0500. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: July 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-11394 Filed 7-18-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-P-7919] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations

(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and 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 proposed elevations 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. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Mitigation Division Director certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared. *Regulatory Classification.* This proposed 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. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 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, § 67.4. 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation + Elevation in feet

(NGVD)* Elevation in feet(NAVD) # Depth in feet above ground Effective Modified Communities affected Bossier Parish, Louisiana (Unincorporated Areas) Alligator Bayou At the confluence with Flat River *163 *160 City of Bossier City. Approximately 1,550 feet downstream of U.S. Highway 79/80 Eastbound *163 *162 Benoit Bayou At the confluence with Macks Bayou *166 *168 City of Bossier City, Bossier Parish, (Unincorporated Areas). Segment G and Macks Bayou Segment H Approximately 12,520 feet upstream of Brownless Road None *173 Bossier Ditch Approximately 60 feet upstream of the confluence with Cooper Bayou and Macks Bayou Segment F *160 *159 City of Bossier City. Approximately 180 feet upstream of Benton Road None *170 Fifi Bayou Just upstream of U.S. Interstate 20 None *174 Bossier Parish (Unincorporated Areas). Approximately 9,000 feet upstream of Windfield Road None *190 Flat River Just upstream of State Route 527 None *154 City of Bossier City, Bossier Parish (Unincorporated Areas). Approximately 500 feet upstream of U.S. Interstate 220 Westbound *165 *164 Flat River Drainage Canal Just upstream of Coy Road *166 *165 City of Bossier City, Bossier Parish (Unincorporated Areas). Approximately 400 feet upstream of Airline Drive *173 *174 Flat River (Upper Reach) Approximately 540 feet upstream of the confluence with Flat River Drainage Canal *176 *175 Bossier Parish (Unincorporated Areas). Approximately 4,830 feet upstream of the confluence of Willow Chute Lateral *179 *177 Herndon Ditch At the confluence with Flat River *156 *158 City of Bossier City, Bossier Parish (Unincorporated Areas). Approximately 1,300 feet downstream of the confluence of Macks Bayou Segment B *157 *158 Lake Bistineau Entire shoreline within Bossier Parish None *148 Bossier Parish (Unincorporated Areas). Macks Bayou Segment A At the confluence with Flat River *156 *157 City of Bossier City, Bossier Parish (Unincorporated Areas). Approximately 25 feet upstream of Golden Meadows Drive *156 *157 Macks Bayou Segment E Approximately 1,025 feet upstream of the confluence with Bossier Ditch *162 *163 City of Bossier City. Approximately 2,010 feet upstream of the confluence with Bossier Ditch *162 *163 Macks Bayou Segment G Approximately 800 feet upstream of Kansas City Southern Railray *166 *167 City of Bossier City. At the confluence with Benoit Bayou and junction with Macks Bayou Segment H *166 *168 Macks Bayou Segment H Approximately 190 feet upstream of the confluence with Flat River *165 *168 City of Bossier City, Bossier Parish (Unincorporated Areas). At the confluence of Benoit Bayou and divergence of Macks Bayou Segment G *166 *168 Racetrack Bayou At the confluence with Willow Chute None *166 City of Bossier City. At U.S. Interstate 220 Westbound and divergence from Macks Bayou Segment H *166 *168 Red Chute Bayou Approximately 12,400 feet upstream of Smith Road None *154 City of Bossier City, Bossier Parish (Unincorporated Areas). Approximately 4,050 feet upstream of Dogwood Trail *165 *169 Willow Chute Lateral At the confluence with Flat River *178 *177 Bossier Parish (Unincorporated Areas). Approximately 4,930 feet upstream of the confluence with Flat River (Upper Reach) *178 *177 ADDRESSES City of Bossier City, Bossier Parish, Louisiana Maps are available for inspection at City Hall, 620 Benton Road, Bossier City, Louisiana. Send comments to The Honorable Lorenz “Lo” Walker, Mayor, City of Bossier City, City Hall, 620 Benton Road, Bossier City, Louisiana 71111. Bossier Parish, Louisiana (Unincorporated Areas) Maps are available for inspection at the Police Jury Office, 204 Burt Boulevard, Room 108, Benton, Louisiana. Send comments to The Honorable William R. Altimus, Bossier Parish Administrator, Post Office Box 70, 204 Burt Boulevard, Room 108, Benton, Louisiana 71006. * North American Veritical Datum of 1988. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: July 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-11391 Filed 7-18-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. P-7915] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations

(BFEs)and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the 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 comment period is ninety

(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed 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., Enginering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and 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 proposed elevations 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. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Mitigation Division Director of the Federal Emergency Management Agency certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. *Regulatory Classification.* This proposed 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. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State City/town/county Source of flooding Location # Depth in feet above ground. *Elevation in feet ♢(NAVD) Existing Modified NE Omaha

(City)(Douglas County) Candlewood Lake Entire Shoreline None ♢1,096 ADDRESS Maps are available for inspection at City Hall, 1819 Farnum Street, Omaha, Nebraska. Send comments to The Honorable Mike Fahey, Mayor, City of Omaha, 1819 Farnam Street, Third Floor, Omaha, Nebraska 68183. ♢ North American Vertical Datum of 1988. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: June 29, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-11387 Filed 7-18-06; 8:45 am] BILLING CODE 9110-12-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06-1303; MB Docket No. 05-310; RM-11292, RM-11300, RM-11314] Radio Broadcasting Services; Effingham, and Holton, KS; Humboldt and Pawnee City, NE and Valley Falls, KS AGENCY: Federal Communications Commission. ACTION: Proposed rule; dismissal. SUMMARY: This document dismisses:

(1)A petition for rule making filed by Cumulus Licensing, LLC (“Cumulus”) to substitute Channel 245C2 for Channel 244A at Humboldt, Nebraska, reallot Channel 245C2 to Valley Falls, Kansas, and allot Channel 256A at Pawnee City, Nebraska;

(2)a counterproposal filed by Cumulus to substitute Channel 245C2 for Channel 244A at Humboldt, reallot Channel 245C2 to Effingham, Kansas, allot Channel 272A at Humboldt, and allot Channel 256A at Pawnee City;

(3)a counterproposal filed by Viking Enterprises to allot Channel 245C2 at Holton, Kansas which requires the substitution of Channel 272A for Channel 244A at Humboldt. Cumulus's initial petition for a change of community was technically defective because the proposed allotment was not mutually exclusive with the existing allotment as required by the Commission's rules. Since the Notice of Proposed Rule Making was defective and erroneously issued, the counterproposals must be dismissed. FOR FURTHER INFORMATION CONTACT: Helen McLean, Media Bureau,

(202)418-2738. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 05-310, adopted June 21, 2006, and released June 23, 2006. The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.* This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A) since the proposed rules are dismissed, herein.) Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6-11053 Filed 7-18-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06-1233; MB Docket No. 04-117; RM-10928] Radio Broadcasting Services; Madison, MO AGENCY: Federal Communications Commission. ACTION: Proposed rule; denial. SUMMARY: The Audio Division denies a Petition for Rule Making filed by American Family Association, requesting the reservation of vacant Channel 247C3 at Madison, Missouri for noncommercial educational use. ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau,

(202)418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 04-117, adopted June 21, 2006, and released June 23, 2006. The full text of this Commission decision is available for inspection and copying during regular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com.* This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this *Report and Order* to GAO, pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A) because the proposed rule was denied.) Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6-11054 Filed 7-18-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06-1309; MB Docket No. 05-150; RM-11214] Radio Broadcasting Services; Norfolk and Windsor, VA AGENCY: Federal Communications Commission. ACTION: Proposed rule; denial. SUMMARY: This document denies a petition for rulemaking filed by Clear Channel Broadcasting, Licenses, Inc., licensee of Stations WKUS(FM), Norfolk, Virginia and WJCD, Windsor, Virginia, proposing the reallotment of Channel 299A from Windsor to Norfolk, Virginia and the reallotment of Channel 287B from Norfolk to Windsor, Virginia, and the modification of the license for Station WKUS(FM) to reflect Windsor as its community of license and the modification of the license of Station WJCD(FM) to reflect Norfolk as its community of license. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau,

(202)418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order,* MB Docket No. 05-150, adopted June 21, 2006, and released June 23, 2006. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, CY-A257, 445 Twelfth Street, SW., Washington, DC. This document may also be purchased from the Commission's duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20054, telephone 800-378-3160 or *http://www.BCPIWEB.com.* This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A) because this proposed rule is denied, herein.) Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6-11051 Filed 7-18-06; 8:45 am] BILLING CODE 6712-01-P 71 138 Wednesday, July 19, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 13, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax

(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rural Utilities Service *Title:* 7 CFR 1703, Subparts D, E, F, and G, Distance Learning and Telemedicine Loan and Grant Program. *OMB Control Number:* 0572-0096. *Summary of Collection:* The Rural Utilities Service

(RUS)is a credit agency of the Department of Agriculture and is authorized by Chapter 1 of subtitle D of the Food, Agriculture, Conservation and Trade Act of 1990. The purpose of the Distance Learning and Telemedicine Loan and Grant program is to improve telemedicine services and distance learning services in rural areas through the use of telecommunications, computer networks, and related advanced technologies by students, teachers, medical professionals and rural residents. *Need and Use of the Information:* The various forms and narrative statements required are collected from eligible applicants that are public and private, for-profit and not-for-profit rural community facilities, schools, libraries, hospitals, and medical facilities. The purpose of this information is to determine such factors as: Eligibility of the applicant; the specific nature of the proposed project; the purposes for which loan and grant funds will be used; project financial and technical feasibility; and compliance with applicable laws and regulations. *Description of Respondents:* Business or other for-profit; not-for-profit institutions; State, local or tribal government. *Number of Respondents:* 230. *Frequency of Responses:* Recordkeeping; Reporting: On occasion. *Total Burden Hours:* 12,057. Rural Utilities Service *Title:* 7 CFR 1751 Subpart B/State Telecommunications Modernization Plan. *OMB Control Number:* 0572-0104. *Summary of Collection:* The Rural Electrification Loan Restructuring Act (RELRA, Pub. L. 103-129), November 1, 1993, amended the Rural Electrification Act of 1936, 7 U.S.C. 901 *et seq.* (the RE Act). RELRA required that a State Telecommunications Modernization Plan (Modernization Plan or Plan), meet all the statutory requirements of RELRA (Part 1751, Subpart B). The plan at a minimum must provide for:

(1)The elimination of party line service;

(2)the availability of telecommunications services for improved business, educational, and medical services;

(3)must encourage computer networks and information highways for subscribers in rural areas;

(4)must provide for subscribers in rural areas to be able to receive through telephone lines:

(a)Conference calling;

(b)video images; and

(c)data at a rate of 1 million bits of information per second; and, the proper routing of information to subscribers. *Need and Use of the Information:* The Rural Utilities Service

(RUS)telecommunications program staff will review the Modernization Plan and approve the plans, if it complies with the requirements of the regulation. If the proposed Modernization Plan is approved, RUS will notify the developer of the approval. If not, RUS will make specific written comments and suggestions for modifying the proposed Modernization Plan so that it will comply with the requirements of the regulation. If the information is not collected, RUS' authority to make loans under the Rural Electrification Act will be restricted. *Description of Respondents:* Business or other for-profit; not-for-profit institutions. *Number of Respondents:* 1. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 350. Rural Utilities Service *Title:* 7 CFR Part 1721, Extensions of Payments of Principal and Interest. *OMB Control Number:* 0572-0123. *Summary of Collection:* Rural Utilities Service

(RUS)is revising procedures and conditions under which borrowers may request extensions of the payment of principal and interest. RUS electric program provides loans and loan guarantees to borrowers at interest rates and on terms that are more favorable than those generally available from the private sector. As a result of obtaining Federal financing, RUS borrowers receive economic benefits that exceed any direct economic costs associated with complying with

(RUS)regulations and requirements. The authority, as amended, for these extensions is contained in Section 12 of the Rural Electrification Act of 1936, and Section 236 of the “Disaster Relief Act of 1970.” *Need and Use of the Information:* The collection of information occurs only when the borrower requests an extension of principal and interest. Eligible purposes include financial hardship energy resource conservation loans, renewable energy project, and contributions-in-aid of construction. The collections are made to provide needed benefits to borrowers while also maintaining the integrity of RUS loans and their repayment of taxpayer's monies. *Description of Respondents:* Not-for-profit institutions. *Number of Respondents:* 45. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 424. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-11385 Filed 7-18-06; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 13, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Animal & Plant Health Inspection Service *Title:* USDA APHIS Peer Reviewer's Certification Regarding Conflict of Interest. *OMB Control Number:* 0579-NEW. *Summary of Collection:* The Information or Data Quality Act (Pub. L. 106-554, 515 Appendix C, 114 Stats. 2763A-153-154) and OMB's Peer Review Bulletin (70 FR 2664-2677) requires Federal agencies to select peer reviewer's of influential and highly influential information and to examine their financial ties to regulate entities, other stakeholders, and the agency. Some of the information that the Animal and Plant Health Inspection Service (APHIS) disseminates is “influential” that is, it has a clear and substantial impact on important public policies or important private sector decisions. *Need and Use of the Information:* APHIS will collect information using APHIS form 6004, Peer Reviewer Information, to ensure that all nonfederal peer reviewers who are recruited by the Agency have no conflicts of interest with respect to peer review of a specific scientific document that will be used for purposes of making policy or dissemination to the public. *Description of Respondents:* Individuals or households. *Number of Respondents:* 50. *Frequency of Responses:* Reporting: Other (once). *Total Burden Hours:* 13. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-11396 Filed 7-18-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request July 13, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(WIC)and the Farmers' Market Nutrition Program

(FMNP)are carried out by the U.S. Department of Agriculture under Section 17 of the Child Nutrition Act

(CNA)of 1966, as amended. Form FNS-399, Federal-State Special Supplemental Nutrition Program Agreement, is the agreement between USDA and the State agency. The agreement empowers USDA to release funds to the State agency to operate the Women, Infants and Children

(WIC)Program and the Farmers' Market Nutrition Program (FMNP). *Need and Use of the Information:* FNS will collect information to authorize payment of cash grants to State agencies, which operate the program locally through nonprofit organizations and must ensure coordination of the Program among the appropriate agencies and organizations. Each FMNP or WIC State agency desiring to administer the program shall annually enter into a written agreement with USDA for administration of the program in the jurisdiction of the State agency. If the information is not collected Federal funds cannot be provided to the State agency without a signed agreement. *Description of Respondents:* State, Local, or Tribal Government. *Number of Respondents:* 107. *Frequency of Responses:* Recordkeeping; Reporting: Annually. *Total Burden Hours:* 27. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-11398 Filed 7-18-06; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request: Disclosure of Children's Free and Reduced Price Meals and Free Milk Eligibility Information in the Child Nutrition Programs AGENCY: Food and Nutrition Service, USDA. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, this notice invites the general public and other public agencies to comment on proposed information collections. DATES: Written comments on this notice must be received or postmarked by September 18, 2006. ADDRESSES: Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to Melissa Rothstein, Chief, Program Analysis and Monitoring Branch, Child and Nutrition Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 640, Alexandria, Virginia 22302-1594. Comments may also be submitted via fax to the attention of Melissa Rothstein at

(703)305-2879 or via e-mail to *melissa.rothstein@fns.usda.gov.* All responses to this notice will be summarized and included in the request for OMB approval. All comments will be a matter of public record. FOR FURTHER INFORMATION CONTACT: Request for additional information or copies of this information collection should be directed to Melissa Rothstein at the address above or by telephone at 703-305-2590. SUPPLEMENTARY INFORMATION: *Title:* Disclosure of Children's Free and Reduced Price Meals and Free Milk Eligibility Information in the Child Nutrition Programs. *OMB Numbers:* 0584-0280, 0584-0055 and 0584-0026, respectively. *Expiration Date:* 12/31/07, 08/31/08, and 10/31/06, respectively. *Type of Request:* Revision of currently approved information collections. *Abstract:* FNS is amending the regulations for the Child Nutrition Programs to establish the requirements for the disclosure of children's free and reduced price meals or free milk eligibility information. The Child Nutrition Programs include the National School Lunch Program (NSLP), Special Milk Program (SMP), School Breakfast Program (SBP), Summer Food Service Program (SFSP), and Child and Adult Care Food Program (CACFP) at 7 CFR parts 210, 215, 220, 225 and 226, respectively. The regulation, Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools (7 CFR part 245), is also being amended to implement the disclosure provisions in the NSLP, SBP and SMP. The final rule will reflect the disclosure provisions of the Healthy Meals for Healthy Americans Act of 1994 and comments received on the proposed rule—Disclosure of Children's Eligibility Information—published July 25, 2000, at 65 FR 45725. Additionally, the final rule includes the regulatory disclosure provisions implementing the Agricultural Risk Protection Act of 2000 and comments received on the interim rule, Disclosure of Children's Eligibility Information to State Medicaid and the State Children's Health Insurance Program, issued January 11, 2001, at 66 FR 2195. The final rule will also implement nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004 that allow certain third party contractors access to children's eligibility status and allow school officials to communicate with Medicaid and SCHIP officials to verify that children are eligible for free and reduced price school meals or free milk. The regulations will affect State agencies and local program operators that administer the Child Nutrition Programs and households which apply for and/or are approved for free and reduced price meals or free milk. Regulations at 7 CFR part 245 establish the responsibilities of State agencies and school food authorities in providing free and reduced price meals and free milk in the National School Lunch Program ( 7 CFR part 210), the School Breakfast Program (7 CFR part 220), and the Special Milk Program for Children (7 CFR part 215). Therefore, the burden associated with State agencies and school food authorities disclosing free and reduced price eligibility information for 7 CFR parts 210, 215 and 220 is carried in the information collection for 7 CFR part 245. Estimated Annual Recordkeeping Burden [7 CFR Part 225 OMB No. 0584-0280] Section Annual number of respondents Number responses per respondent Hours per response Total burden State agencies or sponsors must enter into a written agreement with the party requesting children's free and reduced price eligibility information: Total existing State agencies 7 CFR 225.15(k) 53 0 0 0 Total proposed State agencies 7 CFR 225.15(k) 53 1 .25 13 Total existing Sponsors 7 CFR 225.15(k) 3,763 0 0 0 Total proposed Sponsors 7 CFR 225.15(k) 3,763 1 .083 312 State agencies or sponsors that plan to use or disclose information in ways not permitted by statute must obtain written consent from the child's parent or guardian prior to use or disclosure: Total existing State agencies 7 CFR 225.15(j) 53 0 0 0 Total proposed State agencies 7 CFR 225.15(j) 53 1 .25 13 Total existing Sponsors 7 CFR 225.15(j) 3,763 0 0 0 Total proposed Sponsor 7 CFR 225.15(j) 3,763 1 .25 941 Total existing Households 7 CFR 225.15(j) 128,369 0 0 Total proposed Households 7 CFR 225.15(j) 128,369 1 .083 10,655 *Affected Public:* State Local or Tribal Government, Individuals or Households, Business or other for-profit institutions, Not-for-profit institutions, and Federal government. *Estimated Number of recordkeepers:* 132,185. *Estimated annual hours per recordkeeper:* .09. *Estimated recordkeeping hours:* 11,934. *Estimated Total Annual Burden:* 716,348. Estimated Annual Recordkeeping and Reporting Burden [7 CFR Part 226 OMB No. 0584-0055] Section Annual number of respondents Number responses per respondent Hours per response Total burden State agencies or SFAs must enter into a written agreement with the party requesting children's free and reduced price eligibility information: Total existing State agencies 7 CFR 226.23(m) 55 0 0 0 Total proposed State agencies 7 CFR 226.23(m) 55 1 .25 14 Total existing Institutions 7 CFR 226.23(m) 21,224 0 0 0 Total proposed Institutions 7 CFR 226.23(m) 21,224 1 .083 1,762 State agencies or SFAs that plan to use or disclose information in ways not permitted by statute must obtain written consent from the child's parent or guardian prior to use or disclosure: Total existing State agencies 7 CFR 226.23(l) 55 0 0 0 Total proposed State agencies 7 CFR 226.23(l) 55 1 .25 14 Total existing Institutions 7 CFR 226.23(l) 21,224 0 0 Total proposed Institutions 7 CFR 226.23(l) 21,224 1 .25 5,306 Total existing Households 7 CFR 226.23(l) 887,419 0 0 0 Total proposed Households 7 CFR 226.23(l) 887,419 1 .083 75,656 *Affected Public:* State Local or Tribal Government, Individuals or Households, Business or other for-profit institutions, Not-for-profit institutions, and Federal government. *Number of recordkeepers:* 908,698. *Estimated annual hours per recordkeeper:* .09. *Estimated recordkeeping hours:* 82,752. *Estimated Total Annual Burden:* 6,672,835. Estimated Annual Recordkeeping and Reporting Burden [7 CFR Part 245 OMB No. 0584-0026] Section Annual number of respondents Number responses per respondent Hours per response Total Burden State agencies or SFAs must enter into a written agreement with the party requesting children's free and reduced price eligibility information: Total existing State agencies 7 CFR 245.6(j) 54 0 0 0 Total proposed State agencies 7 CFR 245.6(j) 54 2 .25 27 Total existing SFAs 7 CFR 245.6(j) 20,710 0 0 0 Total proposed SFAs 7 CFR 245.6(j) 20,710 2 .083 3,438 State agencies or SFAs that plan to use or disclose information in ways not permitted by statute must obtain written consent from the child's parent or guardian prior to use or disclosure: Total existing State agencies 7 CFR 245.6(i) 54 0 0 0 Total proposed State agencies 7 CFR 245.6(i) 54 2 .25 27 Total existing SFAs 7 CFR 245.6(i) 20,710 0 0 Total proposed SFAs 7 CFR 245.6(i) 20,710 2 .25 10,355 Total Existing Households 7 CFR 245.6(i) 4,138,810 0 0 0 Total Proposed Households 7 CFR 245.6(i) 4,138,810 2 .083 687,042 *Affected Public:* State Local or Tribal Government, Individuals or Households, Business or other for-profit institutions, Not-for-profit institutions, and Federal government. *Estimated Number of recordkeepers:* 4,159,574. *Estimated annual hours per recordkeeper:* .17. *Estimated recordkeeping hours:* 700,889. *Estimated Total Annual Burden:* 1,758,167. Dated: July 6, 2006. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. 06-6365 Filed 7-18-06; 8:45 am]

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