Rules and Regulations. Final rule; correction
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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 125 and 135 [Docket No. FAA-2006-25334; Amendment Nos. 125-51 and 135-106] RIN 2120-AI76 Additional Types of Child Restraint Systems That May Be Furnished and Used on Aircraft; Corrections AGENCY: Federal Aviation Administration (FAA), DOT ACTION: Final rule; correction. SUMMARY: The Federal Aviation Administration published a final rule in the **Federal Register** on July 14, 2006 (71 FR 40003).
The final rule allowed the use of child restraint systems that the FAA approves under the aviation standards of Technical Standard Order C-100b, Child Restraint Systems, or under its certification regulations regarding the approval of materials, parts, processes, and appliances. That final rule contained two non-substantive typographical errors in the rule text of two sections. This document corrects the final regulations by revising these sections. DATES: These amendments become effective October 10, 2006.
FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Federal Aviation Administration, Flight Standards Service, Air Transportation Division (AFS-200), 800 Independence Avenue, SW., Washington, DC 20591; Telephone 202-267-8166, e-mail *nancy.l.claussen@faa.gov.* SUPPLEMENTARY INFORMATION: This document corrects two typographical errors in the text of rule language that was published in the **Federal Register** on July 14, 2006 (71 FR 40003). In that final rule, the FAA inadvertently omitted “ii” in the exception referenced in §§ 125.211(b)(2)(ii)(D) and 135.128(a)(2)(ii)(D).
List of Subjects 14 CFR Part 125 Aircraft, Aviation Safety. 14 CFR Part 135 Air Taxis, Aircraft, Aviation Safety. Accordingly, 14 CFR parts 125 and 135 are corrected by making the following correcting amendments: PART 125—CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 1. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-44711, 44713, 44716-44717, 44722. 2. In § 125.211, amend paragraph (b)(2)(ii)(D) to read as follows: § 125.211 Seat and safety belts.
(b)* * *
(2)* * *
(ii)* * *
(D)Except as provided in § 125.211(b)(2)(ii)(C)( *3* ) and § 125.211(b)(2)(ii)(C)( *4* ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 3. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722. 4. In § 135.128, amend paragraph (a)(2)(ii)(D) to read as follows: § 135.128 Use of safety belts and child restraint systems
(a)* * *
(2)* * *
(ii)* * *
(D)Except as provided in § 135.128(a)(2)(ii)(C)( *3* ) and § 135.128(a)(2)(ii)(C)( *4* ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and Issued in Washington, DC on September 29, 2006. Brenda D. Courtney, Acting Director, Office of Rulemaking. [FR Doc. E6-16622 Filed 10-6-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Omeprazole AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application
(NADA)filed by Merial Ltd. The supplemental NADA provides for administration of omeprazole paste to horses for 8 or 28 days for the prevention of gastric ulcers. DATES: This rule is effective October 10, 2006. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@.fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Merial Ltd., 3239 Satellite Blvd., Bldg. 500, Duluth, GA 30096-4640, filed a supplement to NADA 141-227 for ULCERGARD (omeprazole) Paste. The supplemental application provides for administration of omeprazole paste to horses for 8 or 28 days for the prevention of gastric ulcers. The supplemental NADA is approved as of September 15, 2006, and 21 CFR 520.1615 is amended to reflect the approval. The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this approval qualifies for 3 years of marketing exclusivity beginning September 15, 2006. The agency has determined under 21 CFR 25.33(d)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. § 520.1615 Omeprazole. 2. In paragraph (d)(1)(ii) of § 520.1615, at the end of the first sentence remove “for up to 28 days” and add in its place “for 8 or 28 days”. Dated: September 27, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-16604 Filed 10-6-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF DEFENSE Office of the Secretary [DOD-2006-OS-0134; RIN 0790-AG91] 32 CFR Part 284 Waiver Procedures for Debts Resulting from Erroneous Payments of Pay and Allowances AGENCY: Department of Defense. ACTION: Final rule. SUMMARY: This rule implements policy and prescribes procedures for considering applications for the waiver of debts resulting from erroneous payments of pay and allowances (including travel and transportation allowances) to or on behalf of members of the Uniformed Services and civilian Department of Defense
(DoD)employees. The Legislative Branch Appropriations Act of 1996 transferred to the Director of the Office of Management and Budget
(OMB)the Comptroller General's authority to settle claims. The OMB Director subsequently delegated some of these authorities to the Department of Defense. Later, the General Accounting Office Act of 1996 codified many of these delegations to the Secretary of Defense and others and transferred to the OMB Director the authority of the Comptroller General to waive uniformed service member and employee debts arising out of the erroneous payment of pay or allowances exceeding $1,500. The OMB Director subsequently delegated the authority to waive such debts of uniformed service members and DoD employees to the Secretary of Defense. The Secretary of Defense further delegated his claims settlement and waiver authorities to the General Counsel. This rule implements the reassignment of the Comptroller General's former duties within the Department of Defense with little impact on the public. DATES: *Effective Date:* October 10, 2006. FOR FURTHER INFORMATION CONTACT: Michael Hipple, 703-696-8510. SUPPLEMENTARY INFORMATION: On Thursday, November 14, 2002 (67 FR 68964), the Department of Defense published 32 CFR part 284 along with parts 281, 282, and 283 as proposed rules with request for public comments. No public comments were received on part 284. Numerous comments, however, were received from the DoD components on the appropriate format, syntax, and in some instances, the substance of the final regulation. None of the possibly substantive changes negatively impact individual applicants. The changes deal mostly with internal government organization or process. However, the redesign of the regulation, and its coordination throughout DoD, was time consuming. In consideration of the various internal comments that were offered, the final rule modifies the proposed rule as follows:
(1)The functional process for obtaining a waiver is now contained in the appendices of the regulation rather than being intermingled with such internal matters as purpose, policy and responsibilities. Accordingly, subparts 284.6 through 284.12 were eliminated, and the content of these former subparts is now contained in Appendix A to part 284 (Overview of Waiver Application Process). The word “and functions” was deleted from the heading of 284.5. The other appendices were re-labeled to reflect that there is a new Appendix A ( *e.g.* , former Appendix A is now Appendix B, *etc.* ).
(2)Technical changes include the deletion of the word “Instruction” where it appears and the substitution of the word “part.” While Part 284 is the same regulation as DoD Instruction 1340.23, the word “Instruction” is not used in the **Federal Register** format. The underlining of statutory citations is deleted, and underlines are now used to differentiate separate processes and concepts. Numbers less than 10 are spelled out rather written as a number; *e.g.* “Three” has been substituted for “3.”
(3)The overall format was changed to provide for a more distinct, and less verbose, paragraph style. The bulk of the modifications involve simpler sentence structures and word reduction. For example, in Appendix B (Standards for Waiver Determinations), paragraph A.1, the words “In other words,” were deleted from the beginning of the third sentence which now reads: “If a benefit is bestowed by mistake, no matter how careless the act of the Government may have been, the recipient must make restitution.” The phrase “In other words,” added nothing to the meaning of the standard. Another example is the deletion of “strict conformity,” and the substitution of compliance,” from the definition of “Erroneous Payment”in Subpart 284.3 ( *Erroneous Payment.* A payment that is not in compliance with applicable laws or regulations.) Other examples include the deletion of words like “therefore” and the splitting of larger sentences into multiple, smaller ones. Examples are found throughout the entire document and are too numerous to detail each instance.
(4)Changes that could be considered as substantive are as follows:
(a)Subpart 284.2(b) was revised to include references to agreements between DoD and the departments and agencies that involve the “non-DoD Components” that are impacted by the regulation. The substance of former Subpart 284.2(b) is now found at Subpart 284.2(c), and is contained in a more succinct form.
(b)The definition of “Uniformed Services” was eliminated from Subpart 284.3 because it is defined by statute.
(c)The words “of Uniformed Service personnel” were added for clarification purposes to make it clear that the regulation only pertained to the debts of uniformed service members and not to those of civilian employees working under the Heads of the Non-DoD Components. *See* Subpart 284.5(d) and Appendix D paragraph C.1.i. The General Accounting Office Act of 1996 and the subsequent delegation of the Director, Office of Management and Budget to the Secretary of Defense affected only uniformed service personnel of the non-DoD Components. Part 284 was never intended to affect the civilian employees of the heads of the Non-DoD Components. The only civilian employees affected by this regulation are those within the Department of Defense.
(d)The reference to the Director, Department of Defense Dependent Schools (DoDDS) was struck and replaced with the Director, Department of Defense Education Activity (DoDEA) to assure that all elements within DoDEA were included.
(e)An additional responsibility for DoD Components is added. DoD Components must also ensure that, if applicable, the submission and filing of waiver applications/appeals also satisfy the requirements of 5 U.S.C. 552a. *See* Appendix A, paragraph B and E.
(f)The requirement that an applicant include his social security number to DOHA was eliminated, and is now only required if the component concerned requires such information as part of its procedures. *See* Appendix C, paragraph C.3 and Appendix F, paragraph C.3.
(g)For clarification purposes, the date of discovery of an overpayment is further defined by adding the following sentence to Appendix C, paragraph F: “The date of discovery is the date it is definitely determined by an appropriate official that an erroneous payment has been made.” This language is consistent with the explanation provided in the decisions of the Defense Office of Hearings and Appeals and the Comptroller General. Executive Order 12866, “Regulatory Planning and Review” It has been determined that 32 CFR Part 284 is not economically significant regulatory actions and will not significantly affect a substantial number of small entities. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4) It has been certified that 32 CFR part 284 does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) It has been certified that 32 CFR Part 284 is not subject to the “Regulatory Flexibility Act” (5 U.S.C. 601) because, if promulgated, they would not have a significant economic impact on a substantial number of small entities. These rules affect members of the Uniformed Services, Federal employees and transportation carriers. 32 CFR Part 284 establishes policies and provide procedures for considering applications for waiver of debts resulting from erroneous pay and allowances to or on behalf of members and civilian DoD employees. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) It has been certified that these parts do not impose any reporting or record-keeping requirements under the Paperwork Reduction Act of 1995. Executive Order 13132, “Federalism” It has been certified that these parts do not have federalism implications, as set forth in Executive Order 13132. These parts do not have substantial direct effects on:
(1)The States;
(2)The relationship between the National Government and the States; or
(3)The distribution of power and responsibilities among various levels of government. List of Subjects in 32 CFR Part 284 Administrative practice and procedure, Armed Forces, Waivers. Accordingly, 32 CFR part 284 is added to read as follows: PART 284—WAIVER PROCEDURES FOR DEBTS RESULTING FROM ERRONEOUS PAYMENTS OF PAY AND ALLOWANCES Sec. 284.1 Purpose. 284.2 Applicability and scope. 284.3 Definitions. 284.4 Policy. 284.5 Responsibilities. Appendix A to part 284—Overview of Waiver Application Process. Appendix B to part 284—Standards for Waiver Determinations. Appendix C to part 284—Submitting a Waiver Application. Appendix D to part 284—Processing a Waiver Application When the Debt is $1,500 or Less. Appendix E to part 284—Processing a Waiver Application When the Debt is More than $1,500. Appendix F to part 284—Appeals. Authority: 10 U.S.C. 2575, 2771, 4712, 9712; 24 U.S.C. 420; 31 U.S.C. 3529, 3702; 32 U.S.C. 714; 37 U.S.C. 554. § 284.1 Purpose. This part implements policy under 32 CFR part 283 and prescribes procedures for considering waiver applications under 10 U.S.C. 2774, 32 U.S.C. 716, and 5 U.S.C. 5584. § 284.2 Applicability and Scope. This part applies to:
(a)The Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of Inspector General of the Department of Defense, the Defense Agencies, the Department of Defense Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the “DoD Components”).
(b)The Coast Guard, when it is not operating as a Service in the Navy under agreement with the Department of Homeland Security, the Commissioned Corps of the Public Health Service
(PHS)and the National Oceanic and Atmospheric Administration
(NOAA)under agreements with the Departments of Health and Human Services and Commerce, respectively (hereafter referred to collectively as the “non-DoD Components”).
(c)Certain functions for considering waiver applications that, by statute or delegation, are vested in the Department of Defense or the Secretary of Defense. § 284.3 Definitions. *Committee.* The person or persons invested, by order of a proper court, with the guardianship of a minor or incompetent person and/or the estate of a minor or incompetent person. *Component Concerned.* The agency/activity (as well as the official designated by the Head of the agency/activity) required to perform the function or take the action indicated or that notifies the individual of the debt that is the subject of a waiver application. *Debt.* An amount an individual owes the Government as the result of erroneous payments of pay and allowances (including travel and transportation allowances) to or on behalf of members of the Uniformed Services or civilian DoD employees. *Employee.* A person who is or was an officer or employee as defined in 5 U.S.C. 2104 and 2105. *Erroneous Payment.* A payment that is not in compliance with applicable laws or regulations. *Final Action.* A finding by the appropriate official under this part concerning a waiver application from which there is no right to appeal or request reconsideration, or for which the time limit prescribed in this part for submitting an appeal or request for reconsideration has expired without such a submission. *Member.* A member or former member of the Uniformed Services. *Waiver Application.* A request that the United States relinquish its claim against an individual for a debt resulting from erroneous payments of pay or allowances (including travel and transportation allowances) under 10 U.S.C. 2774, 32 U.S.C. 716, and 5 U.S.C. 5584. § 284.4 Policy. It is DoD policy under 32 CFR part 283 that waiver applications for debts resulting from erroneous payments of pay and allowances (hereafter referred to as “waiver applications”) be processed according to all pertinent statutes, regulations, and other relevant authorities. § 284.5 Responsibilities.
(a)The *General Counsel of the Department of Defense* (GC, DoD) or designee shall consult on, or render opinions concerning, questions of law or equity that arise in the course of the performance of the Director, Defense Office of Hearings and Appeals'
(DOHA)responsibilities under paragraph
(b)of this section when requested by the Director.
(b)The *Director, Defense Office of Hearings and Appeals* or designee, under the GC, DoD (as the Director, Defense Legal Services Agency), shall:
(1)Deny or grant all or part of a waiver application, if the aggregate amount of the debt is more than $1,500.
(2)Consider an appeal of an initial determination and affirm, modify, reverse, or remand the initial determination, according to this part and relevant GC, DoD opinions.
(3)Process waiver applications and appeals according to this part.
(c)The Heads of the DoD Components or designee shall process waiver applications according to this part.
(d)The *Heads of the Non-DoD Components* or designee concerning debts of Uniformed Services personnel resulting from the Component's activity; the *Director, Department of Defense Education Activity* (DoDEA) or designee, concerning debts of civilian employees resulting from that Component's activity; the *Director, National Security Agency*
(NSA)or designee, concerning debts resulting from that Component's activity; and the *Director, Defense Finance and Accounting Service*
(DFAS)or designee, under the Under Secretary of Defense (Comptroller)/Chief Financial Officer (USD(C)/CFO), concerning debts resulting from all other DoD Components' activities shall:
(1)Deny or grant all or part of a waiver application, if the aggregate amount of the debt is $1,500 or less.
(2)If the aggregate amount of the debt is more than $1,500:
(i)Deny a waiver application in its entirety, or
(ii)Refer a waiver application for consideration with a recommendation that part or all of the application be granted, according to this part.
(3)Process waiver applications, when the aggregate amount of the debt is more than $1,500, and appeals according to this part.
(4)Resolve a debt according to the final action that results from the waiver application process provided for in this part. Appendix A to Part 284—Overview of Waiver Application Process A. Standards for Waiver Determinations The standards that must be applied in determining whether all or part of a waiver application should be granted or denied are at Appendix B to this part. B. Submitting a Waiver Application The DoD Components shall ensure, if applicable, the submission and filing of waiver applications/appeals satisfy the requirements of 5 U.S.C. 552a. The procedures an applicant must follow to submit a waiver application are at Appendix C to this part. C. Processing A Waiver Application When The Debt Is $1,500 Or Less The procedures a DoD Component must follow in processing a waiver application when the debt is $1,500 or less are at Appendix D to this part. 1 1 Contact the appropriate non-DoD Component for the procedures it follows in processing a waiver application. D. Processing a Waiver Application When the Debt Is More Than $1,500 The procedures a DoD Component must follow in processing a waiver application when the debt is more than $1,500 are at Appendix E to this part. E. Appeals The DoD Components shall ensure, if applicable, the submission and filing of waiver applications/appeals satisfy the requirements of 5 U.S.C. 552 and 552a. The procedures for appealing initial determinations are at Appendix F to this part. F. Refund of Repaid Debts That Are Subsequently Waived When a final action waives all or part of a debt that has been repaid, the waiver application shall be interpreted as an application for a refund and the Component concerned shall, to the extent of the waiver, refund the amount repaid. G. Publication The Director, DOHA or designee shall make redacted copies of responses to requests for reconsideration available for public inspection and copying at the DOHA's public reading room and on the worldwide web according to 5 U.S.C. 552 and 552a. Appendix B to Part 284—Standards for Waiver Determinations A. Standards 1. Generally, persons who receive a payment erroneously from the Government acquire no right to the money. They are bound in equity and good conscience to make restitution. If a benefit is bestowed by mistake, no matter how careless the act of the Government may have been, the recipient must make restitution. In theory, restitution results in no loss to the recipient because the recipient received something for nothing. However, 10 U.S.C. 2774, 32 U.S.C. 716, and 5 U.S.C. 5584 provide authority to waive, under certain conditions debts individuals owe the Government that are the result of erroneous payments of pay and allowances (including travel and transportation allowances). A waiver is not a matter of right. It is available to provide relief as a matter of equity, if the circumstances warrant. 2. Debts may be waived only when collection would be against equity and good conscience and would not be in the best interests of the United States. There must be no indication the erroneous payment was solely or partially the result of the fraud, misrepresentation, fault, or lack of good faith of the applicant. 3. The fact that an erroneous payment is solely the result of administrative error or mistake on the part of the Government is not sufficient basis in and of itself for granting a waiver. 4. A waiver usually is not appropriate when a recipient knows, or reasonably should know, that a payment is erroneous. The recipient has a duty to notify an appropriate official and to set aside the funds for eventual repayment to the Government, even if the Government fails to act after such notification. 5. A waiver generally is not appropriate when a recipient of a significant unexplained increase in pay or allowances, or of any other unexplained payment of pay or allowances, does not attempt to obtain a reasonable explanation from an appropriate official. The recipient has a duty to ascertain the reason for the payment and to set aside the funds in the event that repayment should be necessary. 6. A waiver may be inappropriate in cases where a recipient questions a payment (which ultimately is determined to be erroneous) and is mistakenly advised by an appropriate official that the payment is proper, if under the circumstances the recipient knew or reasonably should have known that the advice was erroneous. 7. Financial hardship is not a factor for consideration in determining whether a waiver is appropriate. 8. Waiver determinations under these standards depend on the facts in each case. Appendix C to Part 284—Submitting a Waiver Application A. Who May Apply for Waiver Any person (“applicant”) from whom collection is sought for a debt resulting from erroneous payments of pay or allowances (including travel and transportation allowances) may submit a waiver application under 10 U.S.C. 2774, 32 U.S.C. 716, and 5 U.S.C. 5584. Additionally, an authorized official of the Component concerned, or the Director, DOHA or designee may initiate a waiver application during the processing of a claim under 32 CFR part 281. B. Where To Submit A Waiver Application An applicant must submit a waiver application to the Component concerned according to the guidance provided by that Component. A waiver application submitted somewhere other than to the Component concerned does not stop the calculation of the time limit as discussed in paragraph F to this Appendix. It is the applicant's responsibility to submit the waiver application properly. C. Format of a Waiver Application An applicant must submit a waiver application in the format prescribed by the Component concerned. It must be written and signed by the applicant (in the case of an application on behalf of a minor or incompetent person, there are additional requirements explained at paragraph E to this Appendix) or by the applicant's authorized agent or attorney (there are additional requirements explained at paragraph D to this Appendix). In addition, the waiver application should include: 1. The applicant's mailing address. 2. The applicant's telephone number. 3. The applicant's social security number when required by the Component concerned. 4. The amount for which waiver is requested. 5. An explanation why a waiver should be granted under the standards explained at Appendix B to this part. 6. Copies of documents referred to in the application. 7. Statements (that are attested to be true and correct to the best of the individual's knowledge and belief) of the applicant or other persons in support of the application. D. Waiver Application Submitted by Agent or Attorney In addition to the requirements in paragraph C to this Appendix, a waiver application submitted by the applicant's agent or attorney must include or have attached a duly executed power of attorney or other documentary evidence of the agent's or attorney's right to act for the applicant. E. Waiver Application Submitted on Behalf of a Minor or Incompetent Person In addition to the requirements in paragraph C to this Appendix: 1. If a guardian or committee has not been appointed, a waiver application submitted on behalf of a minor or incompetent person must: i. State the applicant's relationship to the minor or incompetent person. ii. Provide the name and address of the person having care and custody of the minor or incompetent person. iii. Include an affirmation that any moneys received shall be applied to the use and benefit of the minor or incompetent person, and that the appointment of a guardian or committee is not contemplated. 2. If a guardian or committee has been appointed, a waiver application on behalf of a minor or incompetent person must include or have attached a certificate of the court showing the appointment and qualification of the guardian or committee. F. When To Submit a Waiver Application An applicant must submit a waiver application so that it is received by the Component concerned within three years after the erroneous payment is discovered. The date of discovery is the date it is definitely determined by an appropriate official that an erroneous payment has been made. The time limit is set by 10 U.S.C. 2774, 32 U.S.C. 716, and 5 U.S.C. 5584, whichever applies. It may not be extended or waived. Although the issue of timeliness is usually raised on initial submission (as explained in paragraph B to Appendix D in this part), the issue may be raised at any point during the waiver application consideration process. Appendix D to Part 284—Processing a Waiver Application When the Debt Is $1,500 or Less A. Initial Component Processing Upon receipt of a waiver application, the Component concerned must: 1. Date stamp the application on the date received. 2. Determine whether the application was received within three years after the discovery of the erroneous payment. If the application was not timely, follow the procedures in paragraph B to this Appendix. 3. Investigate the circumstances relating to the erroneous payment. 4. Refer the application to the appropriate determining official (see paragraph C to this Appendix) for consideration and an initial determination. B. Untimely Waiver Applications When the Component concerned determines that a waiver application was not received within three years after the erroneous payment was discovered, the Component must send the applicant a notice of untimely receipt. 1. The notice must: i. Cite the applicable statute and explain the reasons for the finding of untimely receipt. ii. State that the application was not received within the statutory time limit and may not be considered unless that finding is reversed on appeal. iii. Explain that the applicant may submit a rebuttal to the finding of untimely receipt (as explained in paragraph B.2.). iv. State that the statutory time limit may not be extended or waived. 2. An applicant may submit a written rebuttal, signed by the applicant or the applicant's agent or attorney, to a notice of untimely receipt. The Component concerned must receive the rebuttal within 30 days of the date of the notice and may grant an extension of up to an additional 30 days for good cause shown. The rebuttal should: i. Explain the points of, and reasons for, disagreement with the notice. ii. Have any documents referred to in the rebuttal attached. iii. Include or have attached statements (that are attested to be true and correct to the best of the individual's knowledge and belief) by the applicant or other persons in support of the rebuttal. 3. If the applicant does not submit a rebuttal within the time permitted, the notice of untimely receipt is a final action and the Component must return the application to the applicant with a notice that the finding is final and the application may not be considered. 4. If the applicant submits a timely rebuttal, the Component must consider the rebuttal. i. If the Component finds that the application was received within the required time limit, the Component must reverse its finding of untimely receipt, notify the applicant in writing, and process the application on its merits. ii. If the Component does not reverse the finding of untimely receipt, the Component must forward the record, including the application, notice of untimely receipt, and rebuttal, to the appropriate determining official ( *see* paragraph C.1. to this Appendix) for an initial determination on the issue of untimely receipt. The Component does not need to investigate the merits of the application before forwarding the record. 5. After making an initial determination on the issue of untimely receipt, the determining official must follow the procedures in paragraph D to this Appendix. In addition, if the determining official finds that the application was timely, the official may: i. Return the application to the Component concerned for processing on its merits according to this part, or ii. Consider the application and make an initial determination on its merits according to paragraph C.2. to this Appendix. C. Initial Determinations The standards in Appendix B to this part must be applied when considering the merits of a waiver application. After making an initial determination, the determining official must follow the procedures at paragraph D to this Appendix. 1. The officials listed and referred to in this part as determining officials shall consider waiver applications and take the appropriate action described in paragraph C.2. to this Appendix. These officials are identified as follows: i. The Head of a non-DoD Component or designee for debts of Uniformed Services personnel resulting from that Component's activity. ii. The Director, DoDEA or designee for debts of civilian employees resulting from that Component's activity. iii. The Director, NSA or designee for debts resulting from that Component's activity. iv. The Director, DFAS or designee for debts resulting from the DoD Component activity not included in paragraphs C.1.ii. and C.1.iii. to this Appendix. 2. The officials listed in paragraph C.1. to this Appendix may make an initial determination for the following: i. Whether or not a waiver application was received within three years after the discovery of the erroneous payment. ii. Deny a waiver application in its entirety. iii. Grant all or part of a waiver application. D. Processing After An Initial Determination After making an initial determination, the determining official must: 1. Notify the applicant. The notification must explain: i. The determination and the reasons for it. ii. The appropriate Component action to resolve the debt as a consequence of the determination if it is or becomes a final action (the finality of an initial determination is explained at paragraph E to this Appendix). iii. The appeal process (as explained in Appendix F to this part) if the determination does not grant the entire application or does not contain a finding of timely receipt. 2. Notify the Component concerned if the determining official is not an official of the Component concerned when and if the determination is a final action. The notice must explain: i. The determination and its reasons. ii. The appropriate Component action to resolve the debt as a consequence of the determination. E. When an Initial Determination Is Final A final action is an initial determination that grants the entire waiver application or finds that the application was timely received. Also, an initial determination (including one of untimely receipt) is a final action if the determining official does not receive an appeal within 30 days of the date of the initial determination (plus any extension of up to 30 additional days granted by the determining official for good cause shown). Appendix E to Part 284—Processing a Waiver Application When the Debt Is More Than $1,500 A. Initial Component Processing Upon receipt of a waiver application, the Component concerned must: 1. Date stamp the application on the date received. 2. Determine whether the application was received within three years after the discovery of the erroneous payment. If the application was not timely, follow the procedures in paragraph B in this part. 3. Investigate the circumstances relating to the erroneous payment. 4. Refer the waiver application to the appropriate determining official ( *see* paragraph C to this Appendix) who after applying the standards in Appendix B in this part may either: i. Deny the application in its entirety, if appropriate, and follow the procedures in Appendix D to this part, or ii. Refer the application with a recommendation that part or all of the application be granted to the DOHA for consideration and an initial determination under paragraph C to this Appendix. The determining official must send the entire record and prepare and submit a recommendation and administrative report (as explained in paragraphs D and E to this Appendix) with the application. B. Untimely Waiver Applications When the Component concerned determines that a waiver application was not received within three years after the erroneous payment was discovered, the Component must send the applicant a notice of untimely receipt. 1. The notice must: i. Cite the applicable statute and explain the reasons for the finding of untimely receipt. ii. State that the application was not received within the statutory time limit and may not be considered unless that finding is reversed on appeal. iii. Explain that the applicant may submit a rebuttal to the finding of untimely receipt (as explained in paragraph B.2. to this Appendix.). iv. State that the statutory time limit may not be extended or waived. 2. An applicant may submit a written rebuttal, signed by the applicant or the applicant's agent or attorney, to a notice of untimely receipt. The Component concerned must receive the rebuttal within 30 days of the date of the notice and may grant an extension of up to an additional 30 days for good cause shown. The rebuttal should: i. Explain the points of, and reasons for, disagreement with the notice. ii. Have any documents referred to in the rebuttal attached. iii. Include or have attached statements (that are attested to be true and correct to the best of the individual's knowledge and belief) by the applicant or other persons in support of the rebuttal. 3. If the applicant does not submit a rebuttal within the time permitted, the notice of untimely receipt is a final action and the Component must return the application to the applicant with a notice that the finding is final and the application may not be considered. 4. If the applicant submits a timely rebuttal, the Component must consider the rebuttal: i. If the Component finds that the application was received within the required time limit, the Component must reverse its finding of untimely receipt, notify the applicant in writing, and process the application on its merits. ii. If the Component does not reverse the finding of untimely receipt, the Component must forward the record, including the application, notice of untimely receipt, and rebuttal, to the appropriate determining official ( *see* paragraph C.1. of Appendix D to this part) for an initial determination on the issue of untimely receipt. The Component does not need to investigate the merits of the application before forwarding the record. 5. After making an initial determination on the issue of untimely receipt, the determining official must follow the procedures in Appendix D to this part. In addition, if the determining official finds that the application was timely, the official may: i. Return the application to the Component concerned for processing on the merits according to this part, or ii. Make a recommendation to the DOHA to grant all or part of the application as described in paragraph D to this Appendix. C. Initial Determinations The standards in Appendix B to this part must be applied when considering the merits of a waiver application. After making an initial determination, the DOHA must follow the procedures at paragraph F to this Appendix and may take the following actions regarding waiver applications referred under paragraph A.4.ii. or B.5.ii. to this Appendix: 1. Make an initial determination denying a waiver application in its entirety; or 2. Make an initial determination granting all or part of a waiver application. D. Recommendation to the DOHA To Grant All or Part of an Application Referrals to the DOHA must include the entire record along with the recommendation and administrative report described in paragraph E to this Appendix. The record and the report must be sent to: Defense Office of Hearings and Appeals, Claims Division, P.O. Box 3656, Arlington, VA 22203-1995. E. Recommendation and Administrative Report The recommendation and administrative report required by paragraph D to this Appendix must describe the recommended action (and its reasons) and the following: 1. The names and mailing addresses of each employee, member, or other person from whom collection is sought, or a statement that the person cannot reasonably be located. 2. The aggregate amount of the debt, including an itemization showing the elements of the aggregate amount. 3. The date the erroneous payment was discovered. 4. The date the recipient was notified of the error and a statement of the erroneous amounts paid before and after receipt of such notice. 5. A summary of the facts and circumstances describing how the erroneous payment occurred; the recipient's knowledge of the erroneous nature of the payment; the steps taken by the recipient to bring the matter to the attention of the appropriate official; and the Component's response, if any. 6. A finding of whether there is any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the applicant and the reasons for such a finding. 7. Legible copies or the originals of supporting documents, such as leave and earnings statements, notifications of personnel actions, travel authorizations and vouchers, and military orders. 8. Statements (that are attested to be true and correct to the best of the individual's knowledge and belief) of the applicant or other persons in support of the application. F. Processing After an Initial Determination After making an initial determination, the DOHA must: 1. Notify the applicant if all or part of the waiver application is denied. The notification must explain: i. The determination and the reasons for it. ii. The appropriate Component action to resolve the debt as a consequence of the determination if it is or becomes a final action (the finality of an initial determination is explained at paragraph G to this Appendix). iii. The appeal process (as explained in Appendix F to this part) if the determination does not grant the entire application or does not contain a finding of timely receipt. 2. Notify the Component concerned when and if the determination is a final action. The notice must explain: i. The determination and its the reasons. ii. The appropriate Component action to resolve the debt as a consequence of the determination. G. When an Initial Determination Is Final A final action is an initial determination that grants the entire waiver application or finds that the application was timely received. Also, an initial determination (including one of untimely receipt) is a final action if the determining official does not receive an appeal within 30 days of the date of the initial determination (plus any extension of up to 30 additional days granted by the determining official for good cause shown). Appendix F to Part 284—Appeals A. Who May Appeal An applicant may appeal if an initial determination denies all or part of a waiver application or finds that the application was not received by the Component concerned within the time limit required by statute. B. When and Where To Submit an Appeal 1. When the determining official is not in the DOHA, the determining official must receive an applicant's appeal within 30 days of the date of the initial determination. The determining official may extend this period for up to an additional 30 days for good cause shown. No appeal may be accepted after this time has expired. The appeal shall be processed under the procedures in paragraphs C through K to this Appendix. 2. When the determining official is in the DOHA, the DOHA must receive an applicant's appeal within 30 days of the date of the initial determination. The DOHA may extend this period for up to an additional 30 days for good cause shown. No appeal may be accepted after this time has expired. The appeal shall be considered to be a request for reconsideration and shall be processed under the procedures in paragraphs L through Q of this Appendix. C. Content of an Appeal No specific format for an appeal is required however it must be written and signed by the applicant, the applicant's authorized agent, or the applicant's attorney. In addition, it should: 1. Provide the applicant's mailing address. 2. Provide the applicant's telephone number. 3. Provide the applicant's social security number when required by the Component concerned. 4. Identify specific: i. Errors or omissions of material and relevant facts. ii. Legal or equitable (under the standards in Appendix B to this part) considerations that were overlooked or misapplied. iii. Conclusions that were arbitrary, capricious, or an abuse of discretion. 5. Present evidence of the correct or additional facts alleged. 6. Explain the reasons why the findings or conclusions should be reversed or modified. 7. Have attached copies of documents referred to in the appeal. 8. Include or have attached statements (that are attested to be true and correct to the best of the individual's knowledge and belief) by the applicant or other persons in support of the appeal. D. Determining Official's Review The determining official must review an applicant's appeal, and affirm, modify, or reverse the initial determination. 1. When the determining official grants the entire waiver appeal or grants the application to the extent requested in the appeal after review of an appeal in a case involving a debt in the aggregate amount of $1,500 or less, the determining official must notify the applicant in writing and the Component concerned if the determining official is not an official of the Component concerned. The notice must explain the appropriate action to resolve the debt. This is a final action. 2. When the determining official finds that the application was received within the time limit required by statute after review of an appeal concerning the untimely receipt of the waiver application, the determining official must notify the applicant in writing and take the appropriate action under paragraph B.5. of Appendix D to this part or paragraph B.5. of Appendix E to this part, as appropriate. 3. In all other cases, the determining official must forward the appeal to the DOHA according to paragraph E. of this Appendix. The determining official must prepare a recommendation and administrative report (as explained in paragraph F to this Appendix) and send a copy of the administrative report to the applicant with a notice that the applicant may submit a rebuttal to the determining official (as explained in paragraph G to this Appendix). 4. The determining official must date stamp the applicant's rebuttal on the date it is received. E. Submission of Appeal to the DOHA The determining official must send the entire record along with the recommendation and administrative report required by paragraph F to this Appendix no earlier than 31 days after the date of the administrative report or the day after the applicant's rebuttal period, as extended, expires, to the following address: Defense Office of Hearings and Appeals, Claims Division, P.O. Box 3656, Arlington, Virginia 22203-1995. F. Recommendation and Administrative Report The recommendation and administrative report required by paragraph D.3. to this Appendix must describe the recommended action (and its reasons) and include: 1. The names and mailing addresses of each employee, member, or other person from whom collection is sought, or a statement that the person cannot reasonably be located. 2. The aggregate amount of the debt, including an itemization showing the elements of the aggregate amount. 3. The date the erroneous payment was discovered. 4. The date the recipient was notified of the error and a statement of the erroneous amounts paid before and after receipt of such notice. 5. A summary of the facts and circumstances describing how the erroneous payment occurred; the recipient's knowledge of the erroneous nature of the payment; the steps taken by the recipient to bring the matter to the attention of the appropriate official; and the Component's response; 6. A finding of whether there is any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the applicant and the reasons for such a finding. 7. Legible copies or the originals of supporting documents, such as leave and earnings statements, notifications of personnel actions, travel authorizations and vouchers, and military orders. 8. Statements (that are attested to be true and correct to the best of the individual's knowledge and belief) of the applicant or other persons in support of the application. G. Applicant's Rebuttal An applicant may submit a written rebuttal, signed by the applicant or the applicant's agent or attorney, in response to the recommendation and administrative report. The rebuttal must be received by the determining official within 30 days of the date of the recommendation and administrative report. The determining official may grant an extension of up to an additional 30 days for good cause shown. The rebuttal should include: 1. An explanation of the points and reasons for disagreeing with the report. 2. The file reference number. 3. Any documents referred to in the rebuttal. 4. Statements (that are attested to be true and correct to the best of the individual's knowledge and belief) by the applicant or other persons in support of the rebuttal. H. DOHA Appeal Decision Except as provided in paragraph P to this Appendix, the DOHA must base its decision on the written record, including the recommendation and administrative report and any rebuttal by the applicant. The written decision must: 1. Affirm, modify, reverse, or remand the initial determination and decide the application on its merits or return the application to the Component concerned for investigation and processing for an initial determination on the merits according to Appendix D to this part. 2. State the amount of the waiver application that is granted and the amount denied and/or that the application was or was not received within the statutory time limit, as appropriate. 3. Explain the reasons for the decision. I. Processing After the Appeal Decision After issuing an appeal decision, the DOHA must: 1. Send the applicant the decision and notify the applicant of: i. The appropriate Component action to resolve the debt as a consequence of the decision if it is or becomes a final action (as explained in paragraph J to this Appendix). ii. The procedures under this Appendix to request reconsideration (as explained in paragraphs K through M to this Appendix), if the decision does not grant the waiver application to the extent requested, or does not contain a finding of timely receipt, when applicable. 2. Notify the Component concerned of the decision and the appropriate Component action to resolve the debt as a consequence of the decision. J. Finality of a DOHA Appeal Decision An appeal decision that grants the waiver application to the extent requested on appeal, or that finds that the application was timely received, when applicable, is a final action when issued. An appeal decision is a final action if the DOHA does not receive a request for reconsideration within 30 days of the date of the appeal decision (plus any extension of up to 30 additional days granted by the DOHA for good cause shown). **Note:** In the case of a DOHA appeal decision issued before the effective date of this part that denied all or part of the waiver application, a request for reconsideration by the GC, DoD may be submitted within 60 days of the effective date of this part. The GC DoD shall consider such requests and affirm, modify, reverse, or remand the DOHA appeal decision. Requests for reconsideration by the GC, DoD received more than 60 days after the effective date of this part shall not be accepted. Requests must be submitted to the address in paragraph E.5. to this Appendix. The provisions of paragraph M to this Appendix apply. K. Who May Request Reconsideration An applicant may request reconsideration of a DOHA appeal decision. L. When and Where To Submit a Request for Reconsideration The DOHA must receive a request for reconsideration within 30 days of the date of the appeal decision. 2 The DOHA may extend this period for up to an additional 30 days for good cause shown. No request for reconsideration may be accepted after this time has expired. A request for reconsideration must be sent to the DOHA at the address in paragraph E to this Appendix. 2 Request for reconsideration by the GC, DoD must be received by the DOHA within 60 days of the effective date of this Instruction as explained in paragraph J of this appendix for appeal decisions issued before the effective date of this Instruction. M. Content of a Request for Reconsideration The requirements of paragraph C to this Appendix for the content of an appeal apply to a request for reconsideration. N. DOHA's Review of a Request for Reconsideration No earlier than 31 days after the date of the appeal decision or the day after the last period for submitting a request, as extended, expires, the DOHA must: 1. Consider a request for reconsideration. 2. Affirm, modify, or reverse the appeal decision. 3. Prepare a response that explains the reasons for the finding. 4. Send the response to the applicant and the Component concerned and notify them of the appropriate action on the debt. O. Finality of a DOHA Reconsideration Decision The response is a final action. It is precedent in the consideration of all waiver applications covered by this part unless otherwise stated in the document. P. Consideration of Appeals and Requests for Reconsideration When considering an appeal or request for reconsideration, the DOHA may: 1. Take administrative notice of matters that are generally known or are capable of confirmation by resort to sources whose accuracy cannot reasonably be questioned. 2. Remand a matter to the Component with instructions to provide additional information. Dated: October 3, 2006. L.M. Bynum, OSD Federal Register Liaison Officer, DoD. [FR Doc. E6-16649 Filed 10-6-06; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05-06-045] RIN 1625-AA09 Drawbridge Operation Regulations; New Jersey Intracoastal Waterway (NJICW), Grassy Sound Channel, Great Channel, and Townsend Inlet, NJ AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: The Coast Guard is changing the drawbridge operation regulations of four Cape May County Bridge Commission bridges: The Townsend Inlet Bridge, at mile 0.3 in Avalon; the County of Cape May Bridge, at mile 0.7, across Great Channel between Stone Harbor and Nummy Island; the Ocean Drive Bridge, at mile 1.0, across Grassy Sound Channel in North Wildwood; and the Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest, in NJ. This final rule will allow the bridges to remain in the closed position at particular dates and times to accommodate the Ocean Drive Marathon. Vessels that can pass under the bridges without a bridge opening may do so at all times. DATES: This rule is effective November 9, 2006. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD05-06-045 and are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The Fifth Coast Guard District maintains the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management Specialist, Fifth Coast Guard District, at
(757)398-6629. SUPPLEMENTARY INFORMATION: Regulatory History On June 29, 2006, we published a notice of proposed rulemaking
(NPRM)entitled “Drawbridge Operation Regulation; New Jersey Intracoastal Waterway (NJICW), Grassy Sound Channel, Great Channel, and Townsend Inlet, NJ” in the **Federal Register** (71 FR 37022). We received no comments on the proposed rule. No public meeting was requested, and none was held. Background and Purpose On behalf of the Ocean Drive Run Club, Inc., (Ocean Drive RC), Cape May County Bridge Commission (CMCBC) requested changes to the operating drawbridge regulations to accommodate the Ocean Drive Marathon. The race is an annual event sponsored by the Ocean Drive RC, attracting spectators and participants from the surrounding cities and states. In accordance with 33 CFR 117.37(a) for reasons of public safety or for public functions, the District Commander may authorize the opening and closing of a drawbridge for a specified period of time. CMCBC who owns and operates the Townsend Inlet Bridge, at mile 0.3 in Avalon; the County of Cape May Bridge, at mile 0.7, across Great Channel between Stone Harbor and Nummy Island; the Grassy Sound Channel Bridge, at mile 1.0 in North Wildwood; and the Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest, requested the following drawbridge changes: Great Channel The County of Cape May Bridge, at mile 0.7, across Great Channel between Stone Harbor and Nummy Island has a vertical clearance of 15 feet above mean high water
(MHW)and 19 feet above mean low water
(MLW)in the closed position to vessels. The existing regulation is listed at 33 CFR 117.720. The Ocean Drive Marathon is held on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. To facilitate the race, the final rule will maintain the bridge in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year. Grassy Sound Channel The Grassy Sound Channel Bridge, at mile 1.0 in Middle Township, has a vertical clearance of 15 feet above MHW and 19 feet above MLW in the closed position to vessels. The existing regulation is listed at 33 CFR 117.721. The Ocean Drive Marathon is held on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. To facilitate the race, the final rule will maintain the bridge in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year. New Jersey Intracoastal Waterway The Two-Mile Bridge, at NJICW mile 112.2 at Wildwood Crest, has a vertical clearance of 23 feet above MHW and 27 feet above MLW in the closed position to vessels. The existing operating regulations are set out in 33 CFR 117.5 which requires the bridge to open on signal. The Ocean Drive Marathon is held on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. To facilitate the race, the final rule will maintain the bridge in the closed-to-navigation position from 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year. Townsend Inlet The Townsend Inlet Bridge, at mile 0.3 in Avalon, has a vertical clearance of 23 feet above MHW and 26 feet above MLW in the closed position to vessels. The existing regulation is listed at 33 CFR 117.5, which requires the bridge to open on signal. The Ocean Drive Marathon is held on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. To facilitate the race, the final rule will maintain the bridge in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year. The Coast Guard believes that these changes are reasonable due to the short duration the drawbridges will be maintained in the closed position to vessels and because this event has been observed in past years with little or no impact to marine or vehicular traffic. This is also a necessary measure to facilitate public safety and allow for the orderly movement of participants and vehicular traffic before, during and after the race. Discussion of Comments and Changes The Coast Guard did not receive any comments on the NPRM. Therefore, no changes were made to the final rule. Discussion of Rule Great Channel This final rule amends 33 CFR 117.720 which details the operating regulations for the County of Cape May Bridge. A new paragraph
(c)will be added to 117.720, which allows the County of Cape May Bridge to remain in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. Grassy Sound Channel This final rule amends 33 CFR 117.721 which details the operating regulations for the Grassy Sound Channel Bridge. Section 117.721 will be revised to allow the Grassy Sound Channel Bridge to remain in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. New Jersey Intracoastal Waterway This final rule amends 33 CFR 117.733 by redesignating paragraph
(k)as paragraph
(l)and adding the newly redesignated paragraph
(k)which details the operating regulations for the Two-Mile Bridge, at mile 112.2, across Middle Thorofare in Wildwood Crest. A new paragraph
(k)will be added to § 117.733, which allows the Two-Mile Bridge to remain in the closed-to-navigation position from 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. Tuckahoe River Section 117.757 Tuckahoe River will be redesignated as § 117.758 to allow alphabetical placement and codification of Townsend Inlet at § 117.757. Townsend Inlet Townsend Inlet will be added at new § 117.757, detailing the operating regulations and allowing the Townsend Inlet Bridge to remain in the closed-to-navigation position from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year with the third Sunday used as the alternate day, if the fourth Sunday falls on a religious holiday. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. We reached this conclusion based on the fact that these changes have only a minimal impact on maritime traffic transiting the bridge. Mariners can plan their trips in accordance with the scheduled bridge openings, to minimize delays. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This rule would not have a significant economic impact on a substantial number of small entities for the following reason. The rule only adds minimal restrictions to the movement of navigation, and mariners who plan their transits in accordance with the scheduled bridge openings can minimize delay. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking process. No assistance was requested from any small entity. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from further environmental documentation because it has been determined that the promulgation of operating regulations for drawbridges are categorically excluded. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. Section 117.720 is revised by adding a new paragraph
(c)to read as follows: § 117.720 Great Channel.
(c)From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open from 9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year. 3. § 117.721 is revised to read as follows: § 117.721 Grassy Sound Channel. The draw of the Grassy Sound Channel Bridge, mile 1.0 in Middle Township, shall open on signal from 6 a.m. to 8 p.m. from May 15 through September 30. From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open from 9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year. Two hours advance notice is required for all other openings by calling
(609)368-4591. 4. Section 117.733 is amended by redesignating paragraph
(k)as paragraph
(m)and adding a new paragraph
(k)to read as follows: § 117.733 New Jersey Intracoastal Waterway.
(k)The draw of Two-Mile Bridge, mile 112.2, across Middle Thorofare in Wildwood Crest, shall open on signal; except from 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open for vessels from 9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year. § 117.757 [Redesignated] 5. Redesignate § 117.757 as § 117.758. 6. Add new § 117.757 to read as follows: § 117.757 Townsend Inlet. The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open on signal; except from 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of every year, the draw need not open for vessels. If the fourth Sunday falls on a religious holiday, the draw need not open from 9:15 a.m. to 2:30 p.m. on the third Sunday of March of every year. Dated: September 18, 2006. L.L. Hereth, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6-16426 Filed 10-6-06; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2005-MO-0005; FRL-8228-9] Approval and Promulgation of Implementation Plans; State of Missouri; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; correcting amendment. SUMMARY: On July 11, 2006, EPA published a final rule approving revisions to the Missouri State Implementation Plan (SIP). In the July 11, 2006, rule EPA inadvertently included an incorrect state effective date for this rule and omitted part of the information in the explanation column of the Constructions Permits Required rule. We are making a correction to the state effective date and to the explanation in this document. DATES: This action is effective October 10, 2006. FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at
(913)551-7942, or by e-mail at *algoe-eakin.amy@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document wherever “we,” “us,” or “our” is used, we mean EPA. On July 11, 2006, EPA published a SIP revision for Missouri that included a revision to rule 10 CSR 10-6.060. In § 52.1320(c), the portion of the table referencing Missouri Chapter 6, the State Effective Date should have been December 30, 2004, and the Explanation column for this rule should have included the statement “This revision incorporates by reference elements of EPA's NSR reform rule published December 31, 2002. Provisions of the incorporated reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from record keeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved. This revision also incorporates by reference the other provisions of 40 CFR 52.21 as in effect on July 1, 2003, which supersedes any conflicting provisions in the Missouri rule. Section 9, pertaining to hazardous air pollutants, is not SIP approved.” This statement was included in the Explanation column of the June 27, 2006 (71 FR 36489) revision to this rule. Therefore, in this correction notice we are adding this information to the table for Chapter 6. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is such good cause for making today's rule final without prior proposal and opportunity for comment because we are merely correcting our identification of the effective date of a state rule and reinserting an explanation which was included in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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). Because the agency has made a good cause finding that this action is not subject to notice-and-comment requirements under the Administrative Procedures Act, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule merely corrects an incorrect citation in a previous action, 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). For the same reason, this rule also does 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 67249, November 9, 2000). This rule will 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), because it merely corrects a citation in a State rule in a previous action implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act (CAA). This 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. In reviewing SIP submissions, our role is to approve State choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), we have no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, 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 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.* ). The Congressional Review Act (CRA), 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. As stated previously, we made such a good cause finding, including the reasons therefore and established an effective date of October 10, 2006. We will submit a report containing this rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This correction to the Missouri SIP table is not a “major rule” as defined by 5 U.S.C. 804 et seq (2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate mater, reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 27, 2006. John Askew, Regional Administrator, Region 7. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart AA—Missouri 2. In § 52.1320(c) the table is amended under Chapter 6 by revising the entry for rule “10-6.060” to read as follows: § 52.1320 Identification of plan.
(c)* * * EPA-Approved Missouri Regulations Missouri citation Title State effective date EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri * * * * * * * 10-6.060 Construction Permits Required. 12/30/2004 10/10/2006 [ *insert FR page number where the document begins* ] This revision incorporates by reference elements of EPA's NSR reform rule published December 31, 2002. Provisions of the incorporated reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from record keeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved. This revision also incorporates by reference the other provisions of 40 CFR 52.21 as in effect on July 1, 2003, which supersedes any conflicting provisions in the Missouri rule. We are conditionally approving references to 10 CSR 10-6.062 contained in the last sentence of Section (1)(B) and all of section (1)(D). Section 9, pertaining to hazardous air pollutants, is not SIP approved. * * * * * * * [FR Doc. E6-16700 Filed 10-6-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA-B-7466] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Interim rule. SUMMARY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations
(BFEs)is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety
(90)days in which to request through the community that the Mitigation Division Director reconsider the changes. The modified BFEs may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering Management Section, Mitigation Division, FEMA, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.,* and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by the other Federal, State, or regional entities. The changes BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Mitigation Division Director for the FEMA certifies that this rule is exempt from the requirements of the Regulatory Flexibility Act because modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared. *Regulatory Classification.* This interim 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, Federalism. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Section 2(b)(2) of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: 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. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and county Location and case No. Date and name of newspaper Where notice was published Chief executive officer of community Effective date of modification Community No. North Carolina: Buncombe City of Asheville (05-04-2753P) December 22, 2005; December 29, 2005; *Asheville Citizen-Times* Mr. Gary Jackson, City Manager, City of Asheville, P.O. Box 7148, Asheville, North Carolina 28802 March 30, 2006 370032 Durham City of Chapel Hill (06-04-B144P) January 27, 2006; January 30, 2006; *Chapel Hill Herald* The Honorable Kevin C. Foy, Mayor, Town Chapel Hill, 19 Oakwood Drive, Chapel Hill, North Carolina 27517 May 1, 2006 370180 Durham City of Durham (06-04-B144P) January 27, 2006; January 30, 2006; *Chapel Hill Herald* The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, North Carolina 27701 May 1, 2006 370086 Durham City of Durham (06-04-B046P) June 15, 2006; June 22, 2006; *Herald Sun* The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, North Carolina 27701 September 21, 2006 370086 Durham City of Durham (06-04-0057P) August 17, 2006; August 24, 2006; *Herald Sun* The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, North Carolina 27701 November 23, 2006 370086 Durham Unincorporated Areas of Durham County (06-04-B144P) January 27, 2006; January 30, 2006; *Chapel Hill Herald* The Honorable Ellen W. Reckhow, Chairman, Durham County, Board of Supervisors, 11 Pine Top Place, Durham, North Carolina 27705 May 1, 2006 370085 Durham Unincorporated Areas of Durham County (06-04-0057P ) August 17, 2006; August 24, 2006; *Herald Sun* Mr. Michael M. Ruffin, County Manager, Durham County, 200 East Main Street, Second Floor, Durham, North Carolina 27701 November 23, 2006 370085 Guilford City of High Point (05-04-3099P) December 15, 2005; December 22, 2005; *High Point Enterprise* The Honorable Rebecca Rhodes-Smoothers, Mayor, City of High Point, 1843 Country Club Drive, High Point, North Carolina 27262 March 23, 2006 370113 Mecklenburg City of Charlotte (05-04-A580P) May 18, 2006; May 25, 2006; *Charlotte Observer* The Honorable Patrick McCrory, Mayor, City of Charlotte, 600 East Fourth Street, Charlotte, North Carolina 28202 May 30, 2006 370159 Orange Town of Carrboro (05-04-3236P) May 17, 2006; May 24, 2006; *Chapel Hill News* The Honorable Mark Chilton, Mayor, Town of Carrboro, 301 West Main Street, Carrboro, North Carolina 27510 April 25, 2006 370275 Rowan Unincorporated Areas of Rowan County (05-04-A505P) March 23, 2006; March 30, 2006; *Salisbury Post* The Honorable Arnold Chamberlain, Chairman, Rowan County Commission, 130 West Innes Street, Salisbury, North Carolina 28144-4326 June 29, 2006 370351 Wake Town of Cary (06-04-B143P) January 27, 2006; January 30, 2006; *News and Observer* The Honorable Ernie McAlister, Mayor, Town of Cary, P.O. Box 8005, Cary, North Carolina 27512-8005 May 1, 2006 370238 Wake Town of Cary (06-04-1527P) July 20, 2006; July 27, 2006; *Wake Weekly* The Honorable Ernie McAlister, Mayor, Town of Cary, P.O. Box 8005, Cary, North Carolina 27512-8005 June 30, 2006 370238 Wake Town of Cary (05-04-3129P) August 24, 2006; August 31, 2006; *Wake Weekly* The Honorable Ernie McAlister, Mayor, Town of Cary, P.O. Box 8005, Cary, North Carolina 27512-8005 November 30, 2006 370238 Wake Town of Morrisville (05-04-3129P) August 24, 2006; August 31, 2006; *Wake Weekly* The Honorable Jan Faulkner, Mayor, Town of Morrisville, Morrisville Town Hall, 100 Town Hall Drive, Morrisville, North Carolina 27560 November 30, 2006 370242 Nebraska: Burt City of Tekamah (04-07-A619P) March 15, 2006; March 22, 2006; *Midwest Messenger,* Burt County Plaindealer The Honorable Bill Anderson, Mayor, City of Tekamah, 1315 K Street, Tekamah, Nebraska 68061-0143 June 21, 2006 310024 Lincoln City of North Platte (04-07-A439P) January 27, 2006; February 2, 2006; *North Platte Telegraph* The Honorable G. Keith Richardson, Mayor, City of North Platte, 211 West Third Street, North Platte, Nebraska 69101 May 4, 2006 310143 Sarpy City of Bellevue (06-07-B016P) July 19, 2006; July 26, 2006; *Bellevue Leader* The Honorable Jerry Ryan, Mayor, City of Bellevue, City Hall, 210 West Mission Avenue, Bellevue, Nebraska 68005 June 30, 2006 310191 New Jersey: Middlesex City of South Amboy (05-02-0716P) April 12, 2006; April 19, 2006; *Home News Tribune* The Honorable John T. O'Leary, Jr., Mayor, City of South Amboy, Municipal Building, 140 North Broadway, South Amboy, New Jersey 08879 March 29, 2006 340277 Ocean Township of Jackson (04-02-A038P) August 24, 2006; August 31, 2006; *Ocean County Observer* The Honorable Mark A. Seda, Mayor, Township of Jackson, 95 West Veterans Highway, Jackson, New Jersey 08527 August 7, 2006 340375 Union Borough of Roselle Park (05-02-0038P) January 26, 2006; February 2, 2006; *Newark Star Ledger* The Honorable Joseph DeIorio, Mayor, Borough of Roselle Park, 110 East Westfield Avenue, Roselle, New Jersey 07204 January 11, 2006 340473 New Mexico: Bernalillo City of Albuquerque (06-06-A653P) February 9, 2006; February 16, 2006; *Albuquerque Journal* The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103 January 30, 2006 350002 Bernalillo City of Albuquerque (06-06-B190P) July 13, 2006; July 20, 2006; *Albuquerque Journal* The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103 June 27, 2006 350002 Bernalillo City of Albuquerque (06-06-BC48P) August 17, 2006; August 24, 2006; *Albuquerque Journal* The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, New Mexico 87103 July 26, 2006 350002 Bernalillo Unincorporated Areas of Bernalillo County (06-06-B190P) July 13, 2006; July 20, 2006; *Albuquerque Journal* The Honorable Tim Cummins, County Commissioner, Bernalillo County, One Civic Plaza Northwest, 10th Floor, Albuquerque, New Mexico 87102 June 27, 2006 350001 Chaves City of Roswell (06-06-B752P) June 22, 2006; June 29, 2006; *Roswell Daily Record* The Honorable Sam D. LaGrone, Mayor, City of Roswell, P.O. Box 1838, Roswell, New Mexico 88202 May 30, 2006 350006 Sandoval City of Rio Rancho (05-06-0661P) November 28, 2005; November 30, 2005; *Santa Fe New Mexican* The Honorable Jim Owen, Mayor, City of Rio Rancho, 3900 Southern Boulevard, Rio Rancho, New Mexico 87124 November 14, 2005 350146 Nevada: Clark City of Henderson (05-09-A069P) December 1, 2005; December 8, 2005; *Las Vegas Review-Journal* The Honorable James B. Gibson, Mayor, City of Henderson, 240 South Water Street, Fourth Floor, Henderson, Nevada 89009-5050 March 9, 2006 320005 Clark Unincorporated Areas of Clark County (05-09-A069P) December 1, 2005; December 8, 2005; *Las Vegas Review-Journal* The Honorable Rory Reid, Chair, Clark County, Board of Commissioners, 500 Grand Central Parkway, Las Vegas, Nevada 89106 March 9, 2006 320003 Clark Unincorporated Areas of Clark County (06-09-B083P) March 16, 2006; March 23, 2006; *Las Vegas Review-Journal* The Honorable Rory Reid, Chair, Clark County, Board of Commissioners, 500 Grand Central Parkway, Las Vegas, Nevada 89106 June 22, 2006 320003 New York: Orange Town of Wallkill (06-02-B016P) July 27, 2006; August 3, 2006; *Times Herald Record* The Honorable John Ward, Supervisor, Town of Wallkill, P.O. Box 398, Middletown, New York 10940 June 30, 2006 360634 Ohio: Butler Unincorporated Areas of Butler County (05-05-A433P) August 10, 2006; August 17, 2006; *Middletown Journal* The Honorable Gregory V. Jolivette, County Commissioner, Butler County, 130 High Street, Sixth Street, Hamilton, Ohio 45011 November 16, 2006 390037 Hamilton Unincorporated Areas of Hamilton County (05-05-3352P) January 18,2006; January 25, 2006; *Hill Top Press* The Honorable Phil Heimlich, Chairman, Hamilton County, Board of Supervisors, 138 East Court Street, Room 603, Cincinnati, Ohio 45202 April 26, 2006 390204 Fairfield City of Reynoldsburg (05-05-1178P) June 29, 2006; July 6, 2006; *Lancaster Eagle Gazette* The Honorable Ronald L. McPherson, Mayor, City of Reynoldsburg, 7232 East Main Street, Reynoldsburg, Ohio 43068 October 5, 2006 390177 Franklin City of Reynoldsburg (05-05-3716P) June 1, 2006; June 8, 2006; *Columbus Dispatch* The Honorable Ronald L. McPherson, Mayor, City of Reynoldsburg, 7232 East Main Street, Reynoldsburg, Ohio 43068 May 10, 2006 390177 Franklin Unincorporated Areas of Franklin County (05-05-3716P) June 1, 2006; June 8, 2006; *Columbus Dispatch* The Honorable Mary Jo Kilroy, County Commissioner, Franklin County Board of Commissioners, 373 South High Street, Columbus, Ohio 43215 May 10, 2006 390167 Lucas Village of Berkey (05-05-3351P) April 20, 2006; April 27, 2006; *Toledo Legal News* The Honorable Barb Huff, Mayor, Village of Berkey, Village of Council Building, 12360 Sylvania Metamore Road, Berkey, Ohio 43504 July 27, 2006 390901 Lucas Unincorporated Areas of Lucas County (05-05-3351P) April 20, 2006; April 27, 2006; *Toledo Legal News* The Honorable Tina Skeldon Wozniak, President, Lucas County, Board of Commissioners, One Government Center, Suite 800, Toledo, Ohio 43604 July 27, 2006 390359 Medina City of Brunswick (06-05-B240P) August 17, 2006; August 24, 2006; *Medina Gazette* The Honorable Dale Strasser, Mayor, City of Brunswick, 4095 Center Road, Brunswick, Ohio 44212 November 23, 2006 390380 Montgomery City of Clayton (05-05-2903P) February 15, 2006; February 22, 2006; *Englewood Independent* The Honorable Ted Gudorf, Mayor, City of Clayton, 14 West Fourth Street, Dayton, Ohio 45481 May 24, 2006 390821 Montgomery City of Englewood (05-05-2903P) February 15, 2006; February 22, 2006; *Englewood Independent* The Honorable Michael Bowers, Jr, Mayor, City of Englewood, 333 West National Road, Englewood, Ohio 45322-1495 May 24, 2006 390828 Montgomery City of Englewood (06-05-B499P) July 5, 2006; July 12, 2006; *Englewood Independent* The Honorable Michael Bowers, Jr, Mayor, City of Englewood, 333 West National Road, Englewood, Ohio 45322-1495 October 11, 2006 390828 Montgomery Unincorporated Areas of Montgomery County (05-05-4118P) December 21, 2005; December 28, 2005; *Englewood Independent* Ms. Deborah A. Feldman, County Administrator, Montgomery County, 451 West Third Street, Dayton, Ohio 45422 December 8, 2005 390775 Oklahoma: Oklahoma City of Edmond (05-06-1554P) April 12, 2006; April 19, 2006; *Edmond Sun* The Honorable Saundra Naifeh, Mayor, City of Edmond, P.O. Box 2970, Edmond, Oklahoma 73083 July 19, 2006 400252 Oklahoma City of Midwest (05-06-0976P) August 23, 2006; August 30, 2006; *Oklahoma County News* The Honorable Eddie Reed, Mayor, City of Midwest City, P.O. Box 10870, Midwest City, Oklahoma 73140 August 28, 2006 400405 Oklahoma City of Oklahoma City (05-06-0453P) January 12, 2006; January 19, 2006; *Oklahoma Journal Record* The Honorable Mick Cornett, Mayor, City of Oklahoma City, City Hall, 200 North Walker Street, Third Floor, Oklahoma City, Oklahoma 73102 December 29, 2005 405378 Pottawatomie City of Shawnee (06-06-B821P) August 17, 2006; August 24, 2006; *Shawnee New Star* The Honorable Chuck Mills, Mayor, City of Shawnee, P.O. Box 1448, Shawnee, Oklahoma 74802-1448 July 31, 2006 400178 Tulsa City of Tulsa (05-06-A430P) April 20, 2006; April 27, 2006; *Tulsa World* The Honorable Bill Lafortune, Mayor, City of Tulsa, 200 Civic Center, 11th Floor, Room 532, Tulsa, Oklahoma 74103 March 31, 2006 405381 Tulsa City of Tulsa (05-06-A125P) August 10, 2006; August 17, 2006; *Tulsa World* The Honorable Kathy Taylor, Mayor, City of Tulsa, 200 Civic Center, Tulsa, Oklahoma 74103 November 16, 2006 405381 Oregon: Marion City of Stayton (03-10-0442P) February 2, 2006; February 9, 2006; *The Statesman Journal* The Honorable Gerry Aboud, Mayor, City of Stayton, 362 North Third Avenue, Stayton, Oregon 97383 May 11, 2006 410170 Marion Unincorporated Areas of Marion County (03-10-0442P) February 2, 2006; February 9, 2006; *Journal Statesman* The Honorable Sam Brentano, Chairman, Marion County, Board of Commissioners, P.O. Box 14500, Salem, Oregon 97309 May 11, 2006 410154 Pennsylvania: Berks Township of Longswamp (05-03-0239P) March 2, 2006; March 9, 2006; *Reading Eagle* The Honorable Donald C. Stegfried, Chairman, Longswamp Township, 1112 State Street, Mertztown, Pennsylvania 19539 June 8, 2006 421380 Berks Township of Rockland (05-03-0239P) March 2, 2006; March 9, 2006; *Reading Eagle* The Honorable Russell W. Coffin, Chairman, Rockland Township, Board of Supervisors, P.O. Box 149, Bowers, Pennsylvania 19511 June 8, 2006 421098 York York Township (06-03-B333P) August 24, 2006; August 31, 2006; *York Dispatch* The Honorable Phillip W. Briddell, President, York Township, Board of Commissioners, 335 Hill-N-Dale Drive, York, Pennsylvania 17403 July 31, 2006 421032 Puerto Rico Commonwealth of Puerto Rico (05-02-0421P) June 29, 2006; July 6, 2006; *San Juan Star* The Honorable Anibal Acevedo-Vila, Governor of Commonwealth of Puerto Rico, P.O. Box 82, La Fortaleza, San Juan, Puerto Rico 00901 October 5, 2006 720000 Puerto Rico Commonwealth of Puerto Rico (05-02-0270P) August 17, 2006; August 24, 2006; *San Juan Star* The Honorable Anibal Acevedo-Vila, Governor of Commonwealth of Puerto Rico, P.O. Box 82, La Fortaleza, San Juan, Puerto Rico 00901 November 23, 2006 720000 Rhode Island: Washington Town of Westerly (05-01-A502P) June 22, 2006; June 29, 2006; *Westerly Sun* Mr. Joseph T. Turo, Esq., Town Manager, Town of Westerly, Town Hall, 45 Broad Street, Westerly, Rhode Island 02891 May 25, 2006 445410 South Carolina: Charleston Town of Mount Pleasant (06-04-B002P) February 15, 2006; February 22, 2006; *Moultries News* The Honorable Harry M. Hallman, Jr., Mayor, Town of Mount Pleasant, P.O. Box 745, Mount Pleasant, South Carolina 29465 January 31, 2006 455417 Horry Unincorporated Areas of Horry County (06-04-B138X) December 22, 2005; December 29, 2005; *Horry Independent* The Honorable Elizabeth Gilland, Chairman, Horry County Council, 1511 Elm Street, Conway, South Carolina 29526 March 30, 2006 450104 Greenville City of Simpsonville (05-04-A572P) June 29, 2006; July 06, 2006; *Greenville News* The Honorable Dennis C. Waldrop, Mayor, City of Simpsonville, City Hall, 118 Northeast Main Street, Simpsonville, South Carolina 29681 October 5, 2006 450092 Greenville Unincorporated Areas of Greenville County (06-04-B011P) May 20, 2006; May 25, 2006; *Greenville News* The Honorable Herman G. Kirven, Chairman, Greenville County Council, 313 League Road, Simpsonville, South Carolina 29681 August 24, 2006 450089 Greenville Unincorporated Areas of Greenville County (06-04-B012P) May 20, 2006; May 26, 2006; *Greenville News* The Honorable Herman G. Kirven, Chairman, Greenville County Council, 313 League Road, Simpsonville, South Carolina 29681 August 25, 2006 450089 Greenville Unincorporated Areas of Greenville County (05-04-A572P) June 29, 2006; July 6, 2006; *Greenville News* The Honorable Herman G. Kirven, Chairman, Greenville County Council, 313 League Road, Simpsonville, South Carolina 29681 October 5, 2006 450089 Lancaster Unincorporated Areas of Lancaster County (05-04-2990P) February 2, 2006; February 9, 2006; *The Herald* Mr. Chappell “Chap” Hurst, Jr., County Administrator, Lancaster County, P.O. Box 1809, Lancaster, South Carolina 29721 May 11, 2006 450120 Richland City of Columbia (05-04-A589P) August 11, 2006; August 18, 2006; *Columbia Star* The Honorable Bob Cobble, Mayor, City of Columbia, P.O. Box 147, Columbia, South Carolina 29217 November 17, 2006 450172 Richland Town of Irmo (05-04-3485P) May 18, 2006; May 25, 2006; *Irmo News* The Honorable John L. Gibbons, Mayor, Town of Irmo, P.O. Box 406, Irmo, South Carolina 29063 August 24, 2006 450133 Richland Unincorporated Areas of Richland County (05-04-3127P) March 24, 2006; March 31, 2006; *Columbia Star* Mr. T. Cary McSwaim, County Administrator, Richland County, P.O. Box 192, Columbia, South Carolina 29202 February 24, 2006 450170 Richland Unincorporated Areas of Richland County (05-04-3485P) May 18, 2006; May 25, 2006; *Irmo News* The Honorable Tony Mizzell, Chair, Richland County Council, 2020 Hampton, Columbia, South Carolina 29202 August 24, 2006 450170 Richland Unincorporated Areas of Richland County (05-04-A589P) August 11, 2006; August 18, 2006; *Columbia Star* Mr. J. Milton Pope, Interim County Administrator, Richland County, P.O. Box 192, Columbia, South Carolina 29202 November 17, 2006 450170 Sumter Unincorporated Areas of Sumter County (04-04-B134P) June 15, 2006; June 22, 2006; *The Item* Mr. William T. Noonan, County Administrator, Sumter County, 13 East Canal Street, Sumter, South Carolina 29150 September 21, 2006 450182 York Unincorporated Areas of York County (05-04-2990P) February 2, 2006; February 9, 2006; *The Herald* Mr. Alfred W. “ Al” Greene, County Manager, York County, P.O. Box 66, York, South Carolina 29745 May 11, 2006 450193 Tennessee: Cheatham Town of Ashland City (06-04-A705P) May 18, 2006; May 25, 2006; *Ashland City Times* The Honorable Gary Norwood, Mayor, Town of Ashland City, P.O. Box 36, Ashland City, Tennessee 37015 August 23, 2006 470027 Davidson City of Forest Hills (05-04-A471P) June 15, 2006; June 22, 2006; *Nashville Record* The Honorable Charles K. Evers, Mayor, City of Forest Hills, 4012 Hillsboro Road, Suite 5, Nashville, Tennessee 37215 September 21, 2006 470407 Davidson Metropolitan Government of Nashville and Davidson County (05-04-2201P) January 26, 2006; February 2, 2006; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201 January 12, 2006 470040 Davidson Metropolitan Government of Nashville and Davidson County (05-04-B137P) March 23, 2006; March 30, 2006; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201 June 29, 2006 470040 Davidson Metropolitan Government of Nashville and Davidson County (05-04-A471P) June 15, 2006; June 22, 2006; *Nashville Record* The Honorable Bill Purcell, Mayor, Metropolitan Government of Nashville and Davidson County, 107 Metropolitan Courthouse, Nashville, Tennessee 37201 September 21, 2006 470040 Henry City of Paris (05-04-3184P) March 30, 2006; April 6, 2006; *Paris Post -Intelligencer* The Honorable Larry Crawford, Mayor, City of Paris, P.O. Box 970, Paris, Tennessee 38242 July 06, 2006 470090 Rutherford Unincorporated Areas of Rutherford County (06-04-B427P) May 25, 2006; June 1, 2006; *Daily News Journal* The Honorable Nancy R. Allen, County Executive, Rutherford County, County Courthouse, Room 101, Murfreesboro, Tennessee 37130 August 24, 2006 470165 Shelby Town of Collierville (06-04-B865P) August 24, 2006; August 31, 2006; *Daily News* The Honorable Linda Kerley, Mayor, Town of Collierville, 500 Poplar View Parkway, Collierville, Tennessee 38017 July 31, 2006 470263 Shelby City of Memphis (05-04-0247P) August 21, 2006; August 28, 2006; *Commercial Appeal* The Honorable Willie W. Herenton, Mayor, City of Memphis, City Hall, 125 North Main Street, Room 700, Memphis, Tennessee 38103 July 28, 2006 470177 Shelby Unincorporated Areas of Shelby County (06-04-B865P) August 24, 2006; August 31, 2006; *Daily News* The Honorable A.C. Wharton, Jr., Mayor, Shelby County, 160 North Main Street, Suite 850, Memphis, Tennessee 38103 July 31, 2006 470214 Williamson City of Brentwood (06-04-B110P) June 22, 2006; June 29, 2006; *The Nennessean* The Honorable Brian Joe Sweeney, Mayor, City of Brentwood, P.O. Box 788, Brentwood, Tennessee 37024-0788 September 27, 2006 470205 Texas: Angelina City of Lufkin (05-06-0240P) March 16, 2006; March 23, 2006; *Lufkin Daily News* The Honorable Louis A. Bronaugh, Mayor, City of Lufkin, P.O. Box 190, Lufkin, Texas 75902-0190 June 22, 2006 480009 Bell City of Killeen (05-06-0514P) March 23, 2006; March 30, 2006; *Killeen Daily Herald* The Honorable Maureen Jouett, Mayor, City of Killeen, 101 North College Street, Third Floor, Killeen, Texas 76541 March 1, 2006 480031 Bexar City of San Antonio (05-06-0892P) December 8, 2005; December 15, 2005; *Austin American Statesman* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 March 16, 2006 480045 Bexar City of San Antonio (05-06-1714P) February 24, 2006; March 3, 2006; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 June 1, 2006 480045 Bexar City of San Antonio (05-06-A206P) April 27, 2006; May 5, 2006; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 August 4, 2006 480045 Bexar City of San Antonio (06-06-B641P) July 21, 2006; July 28, 2006; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 October 27, 2006 480035 Bexar City of San Antonio (05-06-1455P) August 24, 2006; August 31, 2006; *Daily Commercial Recorder* The Honorable Phil Hardberger, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283-3966 September 7, 2006 480045 Bexar Unincorporated Areas of Bexar County (05-06-1445P) January 12, 2006; January 19, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 January 5, 2006 480035 Bexar Unincorporated Areas of Bexar County (05-06-A206P) April 27, 2006; May 5, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 August 4, 2006 480035 Bexar Unincorporated Areas of Bexar County (06-06-B271P) June 22, 2006; June 29, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 May 31, 2006 480035 Bexar Unincorporated Areas of Bexar County (06-06-A673P) June 22, 2006; June 29, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 September 28, 2006 480035 Bexar Unincorporated Areas of Bexar County (05-06-A520P) July 14, 2006; July 21, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 October 20, 2006 480035 Bexar Unincorporated Areas of Bexar County (05-06-A521P) August 24, 2006; August 31, 2006; *Daily Commercial Recorder* The Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa, Suite 120, San Antonio, Texas 78205 July 31, 2006 480035 Collin City of Allen (06-06-B418P) July 27, 2006; August 3, 2006; *Allen American* The Honorable Stephen Terrell, Mayor, City of Allen, City Hall, 305 Century Parkway, Allen, Texas 75013 November 2, 2006 480131 Collin City of Allen (06-06-B430P) August 17, 2006; August 24, 2006; *Allen American* The Honorable Stephen Terrell, Mayor, City of Allen, City Hall, 305 Century Parkway, Allen, Texas 75013 July 31, 2006 480131 Collin City of Frisco (06-06-B193P) September 1, 2006; September 8, 2006; *Frisco Enterprise* The Honorable Mike Simpson, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034 August 24, 2006 480134 Collin City of Frisco (05-06-1675P) September 8, 2006; September 15, 2006; *Frisco Enterprise* The Honorable Mike Simpson, Mayor, City of Frisco, 6891 Main Street, Frisco, Texas 75034 December 15, 2006 480134 Collin City of McKinney (05-06-0127P) February 16, 2006; February 23, 2006; *McKinney Courier Gazette* The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, Texas 75069 May, 25, 2006 480135 Collin City of McKinney (05-06-A318P) April 20, 2006; April 27, 2006; *McKinney Courier Gazette* The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, Texas 75069 July 27, 2006 480135 Collin City of McKinney (06-06-B170P) August 24, 2006; August 31, 2006; *McKinney Courier Gazette* The Honorable Bill Whitfield, Mayor, City of McKinney, 222 North Tennessee, McKinney, Texas 75069 November 30, 2006 480135 Collin City of Plano (06-06-B005P) March 16, 2006; March 23, 2006; *Plano Star Courier* The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358 February 24, 2006 480140 Collin City of Plano (06-06-B026P) July 19, 2006; July 26, 2006; *Plano Star Courier* The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358 October 25, 2006 480140 Collin City of Plano (06-06-B374P) August 16, 2006; August 23, 2006; *Plano Star Courier* The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, Texas 75086-0358 November 22, 2006 480140 Dallas City of Carrollton (05-06-0086P) April 5, 2006; April 12, 2006; *Carrollton Leader* The Honorable Becky Miller, Mayor, City of Carrollton, 1945 East Jackson Road, Carrollton, Texas 75006 July 12, 2006 480167 Dallas City of Dallas (05-06-0199P) December 8, 2005; December 15, 2005; *Daily Commercial Record* The Honorable Laura Miller, Mayor, City of Dallas, Dallas City Hall, 1500 Marilla Street, Room 5EN, Dallas, Texas 75201-6390 March 16, 2006 480171 Dallas City of Garland (06-06-B043P) June 22, 2006; June 29, 2006; *Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046 May 31, 2006 485471 Dallas City of Garland (05-06-A172P) July 20, 2006; July 27, 2006; *Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046 October 26, 2006 485471 Dallas City of Garland (06-06-B168P) August 17, 2006; August 24, 2006; *Daily Commercial Record* The Honorable Bob Day, Mayor, City of Garland, P.O. Box 469002, Garland, Texas 75046 November 23, 2006 485471 Dallas City of Sachse (06-06-B043P) June 22, 2006; June 29, 2006; *Daily Commercial Record* The Honorable Michael Felis, Mayor, City of Sachse, 5560 State Highway 78, Sachse, Texas 75048 May 31, 2006 480186 Dallas Unincorporated Areas of Dallas County (05-06-A509P) May 5, 2006; May 11, 2006; *Dallas Morning News* The Honorable Margaret Keliher, Dallas County Judge, Administration Office, 411 Elm Street, Dallas, Texas 75202 April 19, 2006 480165 Denton City of Corinth (05-06-1383P) March 9, 2006; March 16, 2006; *Denton Record-Chronicle* The Honorable Vic Burgess, Mayor, Town of Corinth, 3300 Corinth Street, Corinth, Texas 76205 June 15, 2006 481143 Denton City of Denton (05-06-1383P) March 9, 2006; March 16, 2006; *Denton Record-Chronicle* The Honorable Euline Brock, Mayor, City of Denton, 215 East McKinney Street, Denton, Texas 76201 June 15, 2006 480194 Denton City of Denton (05-06-A100P) August 10, 2006; August 17, 2006; *Denton Record Chronicle* The Honorable Michael Conduff, Mayor, City of Denton, 215 East McKinney, Denton, Texas 76201 November 16, 2006 480194 Denton City of Lewisville (05-06-0170P) January 4, 2006; January 11, 2006; *Lewisville Leader* The Honorable Gene Carey, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, Texas 75029-9002 April 12, 2006 480195 Denton City of Ponder (06-06-B215P) July 13, 2006; July 20, 2006; *Denton Record Chronicle* The Honorable Vivian Cockburn, Mayor, City of Ponder, P.O. Box 297, Ponder, Texas 76259 October 19, 2006 480784 Denton Unincorporated Areas of Denton County (05-06-1429P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, Second Floor, Denton, Texas 76201 July 27, 2006 480774 Denton Unincorporated Areas of Denton County (05-06-A100P) August 10, 2006; August 17, 2006; *Denton Record Chronicle* The Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, Second Floor, Denton, Texas 76201 November 16, 2006 480774 Ellis Unincorporated Areas of Ellis County (05-06-A558P) April 13, 2006; April 20, 2006; *Ellis County Press* The Honorable Chad Adams, Ellis County Judge, 101 West Main Street, Waxahachie, Texas 75165 July 20, 2006 480798 Ellis City of Waxahachie (06-06-B466P) June 21, 2006; June 28, 2006; *Waxahachie Daily Light* The Honorable Jay Barksdale, Mayor, City of Waxahachie, P.O. Box 757, Waxahachie, Texas 75168-0757 September 27, 2006 480211 El Paso Unincorporated Areas of El Paso County (06-06-B324P) May 11, 2006; May 18, 2006; *El Paso Times* The Honorable John Cook, Mayor, City of El Paso, Two Civic Center Plaza, 10th Floor, El Paso, Texas 79901 April 17, 2006 480214 Fort Bend Unincorporated Areas of Fort Bend County (06-06-B011P) May 18, 2006; May 25, 2006; *Ford Bend Herald* Ms. Ellen Hughes, District President, Fort Bend County Municipal Utility, District No. 23, 1715 Misty Fawn Lane, Fresno, Texas 77545 August 24, 2006 481590 Galveston City of League City (05-06-1666P) April 20, 2006; April 27, 2006; *Galveston County Daily News* The Honorable Jerry Shults, Mayor, City of League City, 300 West Walker Street, League City, Texas 77573 March 31, 2006 485488 Gregg & Rusk City of Kilgore (04-06-A011P) March 24, 2006; March 31, 2006; *Kilgore News Herald* The Honorable Joe Parker, Mayor, City of Kilgore, P.O. Box 990, Kilgore, Texas 75663 June 30, 2006 480263 Harris City of Houston (04-06-1460P) April 6, 2006; April 13, 2006; *Houston Chronicle* The Honorable Bill White, Mayor, City of Houston, P.O. Box 1562, Houston, Texas 77251 July 6, 2006 480296 Harris Unincorporated Areas of Harris County (04-06-1299P) March 16, 2006; April 6, 2006; *Houston Chronicle* The Honorable Robert Eckels, Harris County Judge, 1001 Preston, Suite 911, Houston, Texas 77002 June 22, 2006 480287 Harris Unincorporated Areas of Harris County (04-06-1460P) April 6, 2006; April 13, 2006; *Houston Chronicle* The Honorable Robert Eckels, Harris County Judge, 1001 Preston, Suite 911, Houston, Texas 77002 July 6, 2006 480287 Hays Unincorporated Areas of Hays County (06-06-B006P); August 17, 2006; August 24, 2006; *Hays County Free Press* The Honorable Jim Powesr, Hays County Judge, 111 East San Antonio Street, Suite 300, San Marcos, Texas 78666 November 23, 2006 480321 Hidalgo City of McAllen (05-06-1607P) March 9, 2006; March 16, 2006; *The Monitor* The Honorable Richard F. Cortez, Mayor, City of McAllen, 1300 Houston Avenue, McAllen, Texas 78501 February 21, 2006 480343 Jones and Taylor City of Abilene (05-06-1712P) January 26, 2006; February 2, 2006; *Abilene Reporter News* The Honorable Norm Archibald, Mayor, City of Abilene, 717 Byrd Drive, Abilene, Texas 79601 May 4, 2006 485450 Kendall Unincorporated Areas of Kendall County (04-06-A211P) August 22, 2006; August 29, 2006; *Boerne Star* The Honorable Eddie John Vogt, Kendall County Judge, 204 East San Antonio Street, Boerne, Texas 78006 November 28, 2006 480417 Lampasas City of Lampasas (06-06-B513P) August 15, 2006; August 22, 2006; *Lampasas Dispatch Record* The Honorable Jack Calcert, Mayor, City of Lampasas, 312 East Third Street, Lampasas, Texas 76550 August 21, 2006 480430 Lubbock City of Lubbock (05-06-1579P) January 12, 2006; January 19, 2006; *Lubbock Avalanche-Journal* The Honorable Mark McDougal, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 December 28, 2005 480452 Lubbock City of Lubbock (05-06-1480P) March 30, 2006; April 6, 2006; *Lubbock Avalanche-Journal* The Honorable Mark McDougal, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 March 1, 2006 480452 Lubbock City of Wolfforth (05-06-0566P) February 2, 2006; February 9, 2006; *Lubbock Avalanche-Journal* The Honorable L.C. Childers, Mayor, City of Wolfforth, P.O. Box 36, Wolfforth, Texas 79382 May, 11 2006 480918 Medina Unincorporated Areas of Medina County (06-06-BB97P) August 24, 2006; August 31, 2006; *Hondo Anvil Herald* The Honorable James E. Barden, Medina County Judge, Medina County Courthouse, 1100 16th Street, Room 101, Hondo, Texas 78861 July 31, 2006 480472 Montgomery Unincorporated Areas of Montgomery County (05-06-A477P) May 10, 2006; May 17, 2006; *Houston Community Newspapers* Observer Newspapers The Honorable Alan B. Sadler, Montgomery County Judge, 301 North Thompson, Suite 210, Conroe, Texas 77301 April 24, 2006 480483 Parker City of Weatherford (05-06-0653P) May 18, 2006; May 25, 2006; *Weatherford Democrat* The Honorable Joe M. Tison, Mayor, City of Weatherford, P.O. Box 255, Weatherford, Texas 76086 August 24, 2006 480522 Rockwall City of Royse (05-06-A064P) April 12, 2006; April 19, 2006; *Royse City Herald Banner* The Honorable Jim Mellody, Mayor, City of Royse City, P.O. Box 638, Royse City, Texas 75189 July 20, 2006 480548 Tarrant City of Arlington (05-06-0568P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Dr. Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, Texas 76004-0231 July 27, 2006 485454 Tarrant City of Bedford (05-06-A515P) April 27, 2006; May 4, 2006; *Fort Worth Star Telegram* The Honorable James Story, Mayor, City of Bedford, 2000 Forest Ridge Drive, Bedford, Texas 76021 August 3, 2006 480585 Tarrant City of Benbrook (05-06-0711P) February 2, 2006; February 9, 2006; *Benbrook News* The Honorable Jerry B. Dittrich, Mayor, City of Benbrook, 911 Winscott Road, Benbrook, Texas 76126 May 11, 2006 480586 Tarrant City of Dalworthington Gardens (05-06-0568P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Albert Taub, Mayor, City of Dalworthington Gardens, 2600 Roosevelt Drive, Arlington, Texas 76016 July 27, 2006 480013 Tarrant City of Fort Worth (05-06-0767P) December 8, 2005; December 15, 2005; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 March 16, 2006 480596 Tarrant City of Fort Worth (05-06-0796P) December 22, 2005; December 29, 2005; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 December 13, 2005 480596 Tarrant City of Fort Worth (05-06-A227P) January 12, 2006; January 19, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 April 20, 2006 480596 Tarrant City of Fort Worth (05-06-1757P) January 12, 2006; January 19, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 December 28, 2005 480596 Tarrant City of Fort Worth (05-06-A171P) March 16, 2006; March 23, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 February 28, 2006 480596 Tarrant City of Fort Worth (06-06-B068P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 July 27, 2006 480596 Tarrant City of Fort Worth (06-06-B004P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 July 27, 2006 480596 Tarrant City of Fort Worth (06-06-B169P) June 15, 2006; June 22, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 September 21, 2006 480596 Tarrant City of Fort Worth (05-06-1252P) June 22, 2006; June 29, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 September 28, 2006 480596 Tarrant City of Fort Worth (06-06-B536P) June 22, 2006; June 29, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 September 28, 2006 480596 Tarrant City of Fort Worth (06-06-B065P) July 13, 2006; July 20, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 October 19, 2006 480596 Tarrant City of Fort Worth (06-06-B570P) July 13, 2006; July 20, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 October 19, 2006 480596 Tarrant City of Fort Worth (05-06-0916P) July 20, 2006; July 27, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 October 26, 2006 480596 Tarrant City of Fort Worth (06-06-B207P) August 17, 2006; August 24, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 November 23, 2006 480596 Tarrant City of Fort Worth (05-06-A230P) August 24, 2006; August 31, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 November 30, 2006 480596 Tarrant City of Fort Worth (06-06-B029P) August 24, 2006; August 31, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 July 31, 2006 480596 Tarrant City of Fort Worth (06-06-BD72P) August 24, 2006; August 31, 2006; *Fort Worth Star Telegram* The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 10000 Throckmorton Street, Fort Worth, Texas 76102 July 31, 2006 480596 Tarrant City of Saginaw (06-06-B837P) July 27, 2006; August 3, 2006; *Northwest Tarrant County Times Record* The Honorable Gary Brinkley, Mayor, City of Saginaw, 333 West McLeroy Boulevard, Saginaw, Texas 76179 August 11, 2006 480610 Denton &Tarrant Unincorporated Areas of Tarrant County (05-06-1429P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Tom Vandergriff, Tarrant County Judge, 100 East Weatherford Street, Suite 502 A, Fort Worth, Texas 76196 July 27, 2006 480582 Tarrant Unincorporated Areas of Tarrant County (06-06-B004P) April 20, 2006; April 27, 2006; *Fort Worth Star Telegram* The Honorable Tom Vandergriff, Tarrant County Judge, 100 East Weatherford Street, Suite 502 A, Fort Worth, Texas 76196 July 27, 2006 480582 Travis City of Austin (05-06-0770P) April 27, 2006; May 4, 2006; *Austin American Statesman* The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, Texas 78767 August 3, 2006 480624 Travis City of Austin (05-06-A445P) June 15, 2006; June 22, 2006; *Austin American Statesman* The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, Texas 78767 September 21, 2006 480624 Travis City of Austin (04-06-1466P) July 13, 2006; July 20, 2006; *Austin American Statesman* The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, Texas 78767 October 19, 2006 480624 Travis City of Austin (05-06-A031P) July 27, 2006; August 3, 2006; *Austin American Statesman* The Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, Texas 78767 June 30, 2006 480624 Travis City of Pflugerville (05-06-0397P) March 30, 2006; April 6, 2006; *Austin American Statesman* The Honorable Catherin T. Callen, Mayor, City of Pflugerville, P.O. Box 589, Pflugerville, Texas 78691 March 15, 2006 481028 Travis Unincorporated Areas of Travis County (05-06-0770P) April 27, 2006; May 4, 2006; *Austin American Statesman* The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, Texas 78701 August 3, 2006 481026 Travis Unincorporated Areas of Travis County (05-06-A031P) April 27, 2006; May 4, 2006; *Austin American Statesman* The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, Texas 78701 June 30, 2006 481026 Williamson City of Round Rock (05-06-0490P) February 23, 2006; March 2, 2006; *Round Rock Leader* The Honorable Nyle Maxwell, Mayor, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 March 8, 2006 481048 Virginia: Fauquier Unincorporated Areas of Fauquier County (04-03-A019P) December 29, 2005; January 5, 2006; *Fauquier Citizen* The Honorable Raymond E. Graham, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, Virginia 20186 April 6, 2006 510055 Fauquier Town of Warrenton (05-03-A447P) August 23, 2006; August 30, 2006; *Fauquier Times* The Honorable George B. Fitch, Mayor, Town of Warrenton, 18 Court Street, Warrenton, Virginia 20186 November 30, 2006 510057 Independent City City of Fairfax (04-03-A027P) April 13, 2006; April 20, 2006; *Fairfax Connection Newspapers* The Honorable Robert F. Lederer, Mayor, City of Fairfax, City Hall, 10455 Armstrong Street, Fairfax, Virginia 22030-3630 July 20, 2006 515524 Loudoun Unincorporated Areas of Loudoun County (05-03-A388P) May 3, 2006; May 10, 2006; *Loudoun Times* The Honorable Scott K. York, Chairman, Loudoun County Board of Supervisors, P.O. Box 7000, Leesburg, Virginia 20177-7000 August 9, 2006 510090 Loudoun Unincorporated Areas of Loudoun County (05-03-0412P) August 16, 2006; August 23, 2006; *Loudoun Times Mirror* The Honorable Scott K. York, Chairman, Loudoun County Board of Supervisors, P.O. Box 7000, Leesburg, Virginia 20177-7000 July 25, 2006 510090 Stafford Unincorporated Areas of Stafford County (05-03-0456P) June 16, 2006; June 23, 2006; *Stafford County Sun* Mr. R. Steve Crosby, County Administrator, Stafford County, P.O. Box 339, Stafford, Virginia 22555-0339 May 10, 2006 510154 Rockbridge City of Lexington (05-03-0901P) August 23, 2006; August 30, 2006; *Rockbridge Weekly* The Honorable John Knapp, Mayor, City of Lexington, 300 East Washington Street, Lexington, Virginia 24450 August 7, 2006 510089 Vermont: Windsor Town of Woodstock (05-01-0287P) June 22, 2006; June 29, 2006; *Upper Connecticut River Valley* The Honorable Philip Swanson, Mayor, Town of Woodstock, Woodstock Town Hall, 29 The Green, Woodstock, Vermont 05091 September 28, 2006 500160 Washington: King City of Issaquah (06-10-B008P) February 22, 2006; March 1, 2006; *Issaquah Press* The Honorable Ava Frisinger, Mayor, City of Issaquah, P.O. Box 1307, Issaquah, Washington 98027 May 31, 2006 530079 Walla Walla Unincorporated Areas of Walla Walla County (06-10-0491P) August 17, 2006; August 24, 2006; *Waitsburg Times* The Honorable David G. Carey, Chairman, Walla Walla County Board of Commissioners, P.O. Box 1506, Walla Walla, Washington 99362 November 23, 2006 530194 Whatcom City of Bellingham (05-10-0554P) April 20, 2006; April 27, 2006; *Bellingham Herald* The Honorable Mark Asmundson, Mayor, City of Bellingham, Bellingham City Hall, Second Floor, 210 Lottie Street, Bellingham, Washington 98225 July 13, 2006 530199 Yakima City of Toppenish (06-10-B462P) September 8, 2006; September 14, 2006; *Daily Sun News* The Honorable Bill Rogers, Mayor, City of Toppenish, Toppenish City Hall, 21 West First Avenue, Toppenish, Washington 98948 December 14, 2006 530228 Wisconsin: Milwaukee and Washington City of Milwaukee (04-05-A652P) February 23, 2006; March 2, 2006; *Milwaukee Journal Sentinel* The Honorable Tom Barrett, Mayor, City of Milwaukee, City Hall, Room 201, 200 East Wells Street, Milwaukee, Wisconsin 53202 June 1, 2006 550278 Outagamie Unincorporated Areas of Outagamie County (05-05-A000P) June 1, 2006; June 8, 2006; *Post Crescent* The Honorable Toby Paltzer, County Executive, Outagamie County, 410 South Walnut Street, Appleton, Wisconsin 54911 April 28, 2006 550302 Pierce Village of Plum City (05-05-1545P) August 16, 2006; August 23, 2006; *Pierce County Herald* The Honorable Douglas E. Watkins, Village President, Village of Plum City, P.O. Box 207, Plum City, Wisconsin 54761 November 23, 2006 550328 Wyoming: Teton Unincorporated Areas of Teton County (05-08-0317P) March 29, 2006; April 5, 2006; *Jackson Hole News* The Honorable Leland Christensen, Chair, Teton County, Board of Commissioners, P.O. Box 3594, Jackson, Wyoming 83001 March 15, 2006 560094 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: September 25, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-16659 Filed 10-6-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations
(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: *Effective Date:* The date of issuance of the Flood Insurance Rate Map
(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director has resolved any appeals resulting from this notification. This final rule is issued in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is 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. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location # Depth in feet above ground *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)Modified Parkston, South Dakota Docket No.: FEMA-B-7454 South Dakota City of Parkston, Hutchinson County Pony Creek Approximately 1,100 feet downstream of Glynn Drive *1,378 Approximately 200 feet upstream of Highway 37 *1,407 # Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES City of Parkston: Maps are available for inspection at the Office of the Chief Executive Officer, 207 West Main Street, Parkston, South Dakota 57366. Send comments to the Honorable David J. Hoffman, Mayor, City of Parkston, 207 West Main Street, Parkston, South Dakota 57366. Flooding source(s) Location of referenced elevation *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)# Depth in feet above ground Modified Communities affected Adams County, Colorado and Incorporated Areas Docket No.: FEMA-B-7460 Basin 4100 60 feet upstream of Colorado Boulevard 300 feet upstream of Thornton Parkway +5095 +5223 Adams County (Unincorporated Areas), City of Thornton. Bear Gulch Confluence with Box Elder Creek Approximately 100 feet downstream from Quail Run Mile Road +5283 +5536 Adams County (Unincorporated Areas). Bear Gulch Tributary D Approximately 900 feet upstream of the confluence with Bear Gulch Approximately 400 feet downstream of future Quail Run Road alignment +5410 +5440 Adams County (Unincorporated Areas). Bear Gulch Tributary E Confluence with Bear Gulch 1115 feet upstream from confluence with Bear Gulch +5388 +5390 Adams County (Unincorporated Areas). Bear Gulch Tributary G Confluence with Bear Gulch 320 feet upstream from Quail Run Mile Road +5335 +5367 Adams County (Unincorporated Areas). Box Elder Creek Approximately 130 feet downstream from East 168th Avenue 3000 feet north of the Union Pacific Railroad +5054 +5516 Adams County (Unincorporated Areas). Clear Creek Confluence with South Platte River At Sheridan Boulevard +5106 +5263 Adams County (Unincorporated Areas). Clear Creek North Overflow Confluence with Clear Creek At Sheridan Boulevard +5222 +5263 Adams County (Unincorporated Areas). Coyote Run Confluence with Box Elder Creek Immediately downstream of U.S. 36 +5394 +5512 Adams County (Unincorporated Areas). Hayesmount Creek Approximately 130 feet downstream from East 168th Avenue Adams/Denver County Line +5071 +5234 Adams County (Unincorporated Areas). Hayesmount Creek East Tributary Confluence with Hayesmount Creek Approximately 5800 feet upstream from East 120th Avenue +5190 +5234 Adams County (Unincorporated Areas). Hayesmount Creek West Tributary Confluence with Hayesmount Creek Approximately 9000 feet upstream from East 128th Avenue +5165 +5225 Adams County (Unincorporated Areas). South Platte River Approximately 130 feet downstream from East 168th Avenue At Franklin Street +4956 +5138 Adams County (Unincorporated Areas), City of Brighton, City of Commerce City, City of Thornton. # Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES City of Brighton: Maps are available for inspection at 22 South 4th Avenue, Brighton, Colorado 80601. Send comments to the Honorable Jan Pawlowski, Mayor, City of Brighton, 22 South 4th Avenue, Brighton, Colorado 80601. City of Commerce City: Maps are available for inspection at 5291 East 60th Avenue, Commerce City, Colorado 80022. Send comments to the Honorable Sean Ford, Mayor, City of Commerce City, 5291 East 60th Avenue, Commerce City, Colorado 80022. City of Thornton: Maps are available for inspection at Infrastructure Maintenance Center, 12450 Washington Street, Thornton, Colorado 80229. Send comments to the Honorable Noel Busck, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, Colorado 80229. Unincorporated Areas of Adams County: Maps are available for inspection at 12200 North Pecos Street, Third Floor, Westminster, Colorado 80234. Send comments to Commissioner Larry W. Pace, Chairman, Board of County Commissioners, 450 South 4th Avenue, Brighton, Colorado 80601. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: September 26, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-16660 Filed 10-6-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 541 [Docket No. NHTSA-2005-20278] Final Theft Data; Motor Vehicle Theft Prevention Standard AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Publication of final theft data. SUMMARY: This document publishes the final data on thefts of model year
(MY)2004 passenger motor vehicles that occurred in calendar year
(CY)2004. The final 2004 theft data indicate a decrease in the vehicle theft rate experienced in CY/MY 2004. The final theft rate for MY 2004 passenger vehicles stolen in calendar year 2004 (1.83 thefts per thousand vehicles) decreased by 0.54 percent from the theft rate for CY/MY 2003 (1.84 thefts per thousand vehicles) when compared to the theft rate experienced in CY/MY 2003. Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data and publish the information for review and comment. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Mazyck's telephone number is
(202)366-0846. Her fax number is
(202)493-2290. SUPPLEMENTARY INFORMATION: NHTSA administers a program for reducing motor vehicle theft. The central feature of this program is the Federal Motor Vehicle Theft Prevention Standard, 49 CFR part 541. The standard specifies performance requirements for inscribing and affixing vehicle identification numbers
(VINs)onto certain major original equipment and replacement parts of high-theft lines of passenger motor vehicles. The agency is required by 49 U.S.C. 33104(b)(4) to periodically obtain, from the most reliable source, accurate and timely theft data and publish the data for review and comment. To fulfill this statutory mandate, NHTSA has published theft data annually beginning with MYs 1983/84. Continuing to fulfill the § 33104(b)(4) mandate, this document reports the final theft data for CY 2004, the most recent calendar year for which data are available. In calculating the 2004 theft rates, NHTSA followed the same procedures it used in calculating the MY 2003 theft rates. (For 2003 theft data calculations, see 70 FR 46092, August 9, 2005). As in all previous reports, NHTSA's data were based on information provided to NHTSA by the National Crime Information Center
(NCIC)of the Federal Bureau of Investigation. The NCIC is a government system that receives vehicle theft information from nearly 23,000 criminal justice agencies and other law enforcement authorities throughout the United States. The NCIC data also include reported thefts of self-insured and uninsured vehicles, not all of which are reported to other data sources. The 2004 theft rate for each vehicle line was calculated by dividing the number of reported thefts of MY 2004 vehicles of that line stolen during calendar year 2004 by the total number of vehicles in that line manufactured for MY 2004, as reported to the Environmental Protection Agency (EPA). The final 2004 theft data show a decrease in the vehicle theft rate when compared to the theft rate experienced in CY/MY 2003. The final theft rate for MY 2004 passenger vehicles stolen in calendar year 2004 decreased to 1.83 thefts per thousand vehicles produced, a decrease of 0.54 percent from the rate of 1.84 thefts per thousand vehicles experienced by MY 2003 vehicles in CY 2003. For MY 2004 vehicles, out of a total of 230 vehicle lines, 22 lines had a theft rate higher than 3.5826 per thousand vehicles, the established median theft rate for MYs 1990/1991. (See 59 FR 12400, March 16, 1994). Of the 22 vehicle lines with a theft rate higher than 3.5826, 20 are passenger car lines, one is a multipurpose passenger vehicle line, and one is a light-duty truck line. The MY 2004 theft rate reduction is consistent with the general decreasing trend of theft rates over the past eleven years as indicated by Figure 1. ER10OC06.001 The agency believes that the theft rate reduction could be the result of several factors including the increased use of standard antitheft devices ( *i.e.* , immobilizers), vehicle partsmarking, increased and improved prosecution efforts by law enforcement organizations and, increased public awareness measures. On Tuesday, May 2, 2006, NHTSA published the preliminary theft rates for CY 2004 passenger motor vehicles in the **Federal Register** (71 FR 25803). The agency tentatively ranked each of the MY 2004 vehicle lines in descending order of theft rate. The public was requested to comment on the accuracy of the data and to provide final production figures for individual vehicle lines. The agency used written comments to make the necessary adjustments to its data. The agency received a written comment from Volkswagen of America, Inc. (VW). In its comments, VW informed the agency that the Lamborghini Gallardo and the Lamborghini L-140/141 are the same vehicle. The vehicles had been erroneously listed as two entries. The correct production volume and number of thefts were correctly reported under the Gallardo entry. Therefore, the L-140/141 entry has been deleted. Additionally, VW commented that the Lamborghini L-147/148 entry should be correctly listed as the Lamborghini Murcielago. The final theft data have been revised to reflect these changes. Volkswagen also informed the agency that Rolls Royce was incorrectly listed as the manufacturer for the Arnage and Continental entries. The final theft data have been revised to reflect that Bentley is the manufacturer for the Arnage and the Continental vehicles. The following list represents NHTSA's final calculation of theft rates for all 2004 passenger motor vehicle lines. This list is intended to inform the public of calendar year 2004 motor vehicle thefts of model year 2004 vehicles and does not have any effect on the obligations of regulated parties under 49 U.S.C. Chapter 331, Theft Prevention. Final Report of Theft Rates for Model Year 2004 Passenger Motor Vehicles Stolen in Calendar Year 2004 Manufacturer Make/model
(line)Thefts 2004 Production (Mfr's) 2004 2004 Theft rate (per 1,000 vehicles produced) 1. DAIMLERCHRYSLER DODGE INTREPID 662 67,289 9.8382 2. TOYOTA TUNDRA PICKUP 135 14,660 9.2087 3. DAIMLERCHRYSLER DODGE STRATUS 1,047 140,248 7.4653 4. DAIMLERCHRYSLER CHRYSLER SEBRING 525 90,897 5.7758 5. HONDA ACURA NSX 1 198 5.0505 6. GENERAL MOTORS OLDSMOBILE ALERO 346 69,534 4.9760 7. GENERAL MOTORS CHEVROLET MALIBU CLASSIC 464 98,025 4.7335 8. DAIMLERCHRYSLER CHRYSLER CONCORDE 108 2,879 4.7205 9. MITSUBISHI DIAMANTE 19 4,135 4.5949 10 SUBARU IMPREZA 177 8,806 4.5612 11. MITSUBISHI MONTERO SPORT 24 5,414 4.4330 12. GENERAL MOTORS CHEVROLET MONTE CARLO 268 62,391 4.2955 13. DAIMLERCHRYSLER DODGE NEON 498 117,601 4.2347 14. MITSUBISHI ECLIPSE 74 17,682 4.1850 15. NISSAN SENTRA 504 122,208 4.1241 16. FORD MOTOR CO. FORD MUSTANG 541 135,734 3.9857 17. NISSAN INFINITI Q45 4 1,006 3.9761 18. KIA RIO 145 37,599 3.8565 19. DAIMLERCHRYSLER CHRYSLER SEBRING CONVERTIBLE 248 64,442 3.8484 20. MITSUBISHI GALANT 165 42,902 3.8460 21. GENERAL MOTORS PONTIAC GRAND AM 639 171,925 3.7167 22. HYUNDAI ACCENT 155 2,863 3.6162 23. MITSUBISHI LANCER 140 42,776 3.2729 24. MITSUBISHI ENDEAVOR 177 56,030 3.1590 25. GENERAL MOTORS PONTIAC SUNFIRE 114 36,176 3.1513 26. NISSAN ALTIMA 273 88,348 3.0901 27. GENERAL MOTORS CHEVROLET CAVALIER 658 215,275 3.0566 28. TOYOTA SCION XB 73 25,098 2.9086 29. KIA OPTIMA 186 66,397 2.8013 30. FORD MOTOR CO. FORD FOCUS 302 109,050 2.7694 31. GENERAL MOTORS CHEVROLET IMPALA 743 269,733 2.7546 32. SUZUKI VERONA 44 16,478 2.6702 33. BMW 7 43 16,245 2.6470 34. GENERAL MOTORS CADILLAC SEVILLE 16 6,222 2.5715 35. ISUZU RODEO 43 16,863 2.5500 36. NISSAN MAXIMA 301 119,146 2.5263 37. TOYOTA CELICA 21 8,483 2.4755 38. DAIMLERCHRYSLER CHRYSLER PT CRUISER 255 104,558 2.4388 39. BMW M3 21 8,632 2.4328 40. KIA AMANTI 46 9,363 2.3757 41. GENERAL MOTORS PONTIAC AZTEK 49 20,854 2.3497 42. FORD MOTOR CO. FORD TAURUS 477 203,126 2.3483 43. MAZDA 6 176 75,843 2.3206 44. GENERAL MOTORS CHEVROLET BLAZER S10/T10 116 50,855 2.2810 45. SUZUKI FORENZA 57 25,032 2.2771 46. GENERAL MOTORS PONTIAC GRAND PRIX 408 179,556 2.2723 47. FORD MOTOR CO. LINCOLN TOWN CAR 125 55,227 2.2634 48. FORD MOTOR CO. LINCOLN LS 66 29,344 2.2492 49. SUZUKI AERIO 37 16,459 2.2480 50. MITSUBISHI OUTLANDER 50 22,336 2.2385 51. TOYOTA COROLLA 602 272,301 2.2108 52. GENERAL MOTORS CHEVROLET CORVETTE 74 33,501 2.2089 53. KIA SPECTRA 96 44,322 2.1660 54. NISSAN 350Z 87 40,255 2.1612 55. TOYOTA LEXUS GS 21 9,756 2.1525 56. FORD MOTOR CO. MERCURY SABLE 90 42,236 2.1309 57. TOYOTA LEXUS IS 24 11,308 2.1224 58. FERRARI 360 2 950 2.1053 59. MERCEDES-BENZ 170 (SLK-CLASS) 8 3,836 2.0855 60. DAIMLERCHRYSLER CHRYSLER PACIFICA 192 98,340 1.9524 61. DAIMLERCHRYSLER JEEP GRAND CHEROKEE 617 317,381 1.9440 62. HONDA ACURA RSX 39 20,280 1.9231 63. DAIMLERCHRYSLER DODGE DAKOTA PICKUP 62 32,355 1.9162 64. FORD MOTOR CO. FORD CROWN VICTORIA 63 32,977 1.9104 65. DAIMLERCHRYSLER DODGE CARAVAN/GRAND CARAVAN 162 84,965 1.9067 66. GENERAL MOTORS PONTIAC BONNEVILLE 40 21,163 1.8901 67. HYUNDAI ELANTRA 196 103,787 1.8885 68. BMW 6 11 5,870 1.8739 69. JAGUAR XJR 4 2,179 1.8357 70. GENERAL MOTORS GMC CANYON PICKUP 39 21,402 1.8223 71. MAZDA RX-8 64 35,147 1.8209 72. GENERAL MOTORS BUICK RENDEZVOUS 123 68,043 1.8077 73. JAGUAR XKR 1 557 1.7953 74. DAIMLERCHRYSLER JEEP LIBERTY 305 173,128 1.7617 75. FORD MOTOR CO. FORD EXPLORER 515 294,622 1.7480 76. VOLKSWAGEN PHAETON 4 2,326 1.7197 77. MERCEDES-BENZ 129 (SL-CLASS) 20 11,928 1.6767 78. NISSAN INFINITI FX35 44 26,531 1.6584 79. DAIMLERCHRYSLER CHRYSLER 300M 34 20,836 1.6318 80. TOYOTA TACOMA PICKUP 259 159,348 1.6254 81. VOLKSWAGEN R32 8 5,017 1.5946 82. NISSAN INFINITI G35 139 87,780 1.5835 83. HYUNDAI TIBURON 33 20,977 1.5732 84. GENERAL MOTORS CHEVROLET TRACKER 24 15,276 1.5711 85. HYUNDAI SONATA 158 101,774 1.5525 86. MERCEDES-BENZ 208 (CLK-CLASS) 31 20,013 1.5490 87. GENERAL MOTORS BUICK CENTURY 84 54,706 1.5355 88. GENERAL MOTORS CADILLAC DEVILLE 111 73,274 1.5149 89. FORD MOTOR CO. FORD THUNDERBIRD 19 12,577 1.5107 90. TOYOTA MATRIX 91 60,311 1.5088 91. VOLVO S40 34 22,616 1.5034 92. GENERAL MOTORS CHEVROLET TRAILBLAZER 308 209,348 1.4712 93. HONDA S2000 11 7,511 1.4645 94. DAIMLERCHRYSLER DODGE VIPER 3 2,065 1.4528 95. DAIMLERCHRYSLER JEEP WRANGLER 132 91,631 1.4406 96. LAMBORGHINI GALLARDO 1 697 1.4347 97. TOYOTA CAMRY/SOLARA 532 373,268 1.4252 98. TOYOTA LEXUS SC 14 9,905 1.4134 99. MAZDA MX-5 MIATA 12 8,620 1.3921 100. GENERAL MOTORS GMC ENVOY 114 83,013 1.3733 101. MAZDA 3 104 75,915 1.3700 102. JAGUAR XJ8 15 11,048 1.3577 103. GENERAL MOTORS GMC SAFARI VAN 6 4,428 1.3550 104. VOLVO V40 4 2,963 1.3500 105. HONDA CIVIC 390 289,347 1.3479 106. GENERAL MOTORS CHEVROLET ASTRO VAN 28 20,892 1.3402 107. JAGUAR S-TYPE 10 7,469 1.3389 108. GENERAL MOTORS CHEVROLET AVEO 92 68,741 1.3384 109. KIA SORENTO 63 47,404 1.3290 110. GENERAL MOTORS CHEVROLET MALIBU 127 96,605 1.3146 111. FORD MOTOR CO. FORD EXPLORER SPORT TRAC 79 60,166 1.3130 112. NISSAN FRONTIER PICKUP 100 77,079 1.2974 113. GENERAL MOTORS BUICK PARK AVENUE 22 16,985 1.2953 114. SUZUKI VITARA/GRAND VITARA 44 34,227 1.2855 115. DAIMLERCHRYSLER CHRYSLER CROSSFIRE 22 17,345 1.2684 116. AUDI A4/A4 QUATTRO/S4/S4 AVANT 59 46,660 1.2645 117. GENERAL MOTORS BUICK REGAL 24 18,983 1.2643 118. FORD MOTOR CO. FORD ESCAPE 133 106,309 1.2511 119. MERCEDES-BENZ 203 (C-CLASS) 64 51,630 1.2396 120. TOYOTA SCION XA 18 14,753 1.2201 121. NISSAN INFINITI QX56 15 12,296 1.2199 122. JAGUAR X-TYPE 30 24,693 1.2149 123. VOLVO S60 50 41,804 1.1961 124. ISUZU AXIOM 4 3,347 1.1951 125. HONDA ACCORD 448 376,680 1.1893 126. NISSAN INFINITI M45 2 1,687 1.1855 127. VOLKSWAGEN JETTA 109 92,979 1.1723 128. GENERAL MOTORS CHEVROLET COLORADO 109 93,411 1.1669 129. FORD MOTOR CO. MERCURY GRAND MARQUIS 104 89,130 1.1668 130. GENERAL MOTORS SATURN ION 141 121,109 1.1642 131. MAZDA MPV VAN 26 22,346 1.1635 132. VOLVO S80 23 19,802 1.1615 133. GENERAL MOTORS PONTIAC MONTANA VAN 35 30,277 1.1560 134. HYUNDAI XG300 27 24,262 1.1129 135. TOYOTA 4RUNNER 135 122,034 1.1062 136. MERCEDES-BENZ 220 (S-CLASS) 18 16,416 1.0965 137. GENERAL MOTORS PONTIAC GTO 13 12,044 1.0794 138. HONDA ACURA TSX 50 46,494 1.0754 139. ISUZU ASCENDER 8 7,455 1.0731 140. NISSAN XTERRA 90 84,478 1.0654 141. PORSCHE 911 10 9,546 1.0476 142. AUDI A8 8 7,654 1.0452 143. LAND ROVER FREELANDER 5 4,795 1.0428 144. GENERAL MOTORS PONTIAC VIBE 65 62,365 1.0423 145. BMW 3 106 103,092 1.0282 146. FORD MOTOR CO. MERCURY MOUNTAINEER 52 50,580 1.0281 147. VOLKSWAGEN GOLF/GTI 20 20,043 0.9979 148. FORD MOTOR CO. FORD FREESTAR 104 105,280 0.9878 149. TOYOTA MR2 SPYDER 1 1,023 0.9775 150. GENERAL MOTORS BUICK LESABRE 117 119,742 0.9771 151. MERCEDES-BENZ 215 (CL-CLASS) 2 2,125 0.9412 152. KIA SEDONA VAN 50 53,140 0.9409 153. BMW 5 45 48,009 0.9373 154. PORSCHE BOXSTER 4 4,417 0.9056 155. HONDA ACURA 3.2 TL 67 75,026 0.8930 156. TOYOTA LEXUS LS 28 31,881 0.8783 157. DAIMLERCHRYSLER CHRYSLER TOWN & COUNTRY
(MPV)49 56,361 0.8694 158. GENERAL MOTORS CHEVROLET VENTURE VAN 66 76,777 0.8596 159. NISSAN MURANO 55 64,280 0.8556 160. MERCEDES-BENZ 210 (E-CLASS) 39 45,602 0.8552 161. HONDA ACURA 3.5 RL 7 8,341 0.8392 162. BMW Z4 11 13,171 0.8352 163. MAZDA TRIBUTE 25 30,524 0.8190 164. NISSAN PATHFINDER 23 28,387 0.8102 165. TOYOTA RAV4 62 77,643 0.7985 166. FORD MOTOR CO. FORD RANGER PICKUP 136 172,566 0.7881 167. GENERAL MOTORS CADILLAC SRX 24 30,811 0.7789 168. GENERAL MOTORS CADILLAC XLR 3 3,857 0.7778 169. GENERAL MOTORS CADILLAC CTS 43 55,984 0.7681 170. GENERAL MOTORS CHEVROLET S10/T10 PICKUP 9 12,111 0.7431 171. GENERAL MOTORS OLDSMOBILE SILHOUETTE VAN 7 9,420 0.7431 172. HONDA ACURA MDX 45 62,397 0.7212 173. GENERAL MOTORS SATURN LS 13 18,185 0.7149 174. AUDI ALLROAD QUATTRO 4 5,675 0.7048 175. TOYOTA ECHO 4 5,697 0.7021 176. TOYOTA LEXUS RX 101 146,431 0.6897 177. VOLKSWAGEN PASSAT 48 70,878 0.6772 178. VOLKSWAGEN NEW BEETLE 30 44,896 0.6682 179. TOYOTA HIGHLANDER 82 123,726 0.6628 180. HYUNDAI SANTA FE 86 130,385 0.6596 181. VOLVO C70 5 7,731 0.6467 182. TOYOTA LEXUS ES 45 70,774 0.6358 183. AUDI A6/A6 QUATTRO/S6/S6 AVANT 10 15,885 0.6295 184. GENERAL MOTORS GMC SONOMA PICKUP 2 3,190 0.6270 185. NISSAN QUEST VAN 40 63,930 0.6257 186. MAZDA B SERIES PICKUP 6 9,766 0.6144 187. HONDA ELEMENT 34 56,002 0.6071 188. BMW X3 20 33,586 0.5955 189. VOLVO XC90 31 53,323 0.5814 190. TOYOTA LEXUS GX 25 43,789 0.5709 191. JAGUAR VANDEN PLAS/SUPER V8 2 3,712 0.5388 192. NISSAN INFINITI FX45 2 3,762 0.5316 193. HONDA ODYSSEY VAN 66 132,919 0.4965 194. TOYOTA AVALON 25 50,663 0.4935 195. TOYOTA SIENNA VAN 106 220,314 0.4811 196. NISSAN INFINITI I35 6 12,840 0.4673 197. SUBARU LEGACY/OUTBACK 28 61,160 0.4578 198. VOLVO V70 7 15,335 0.4565 199. GENERAL MOTORS SATURN VUE 42 92,536 0.4539 200. SUBARU BAJA 1 2,208 0.4529 201. GENERAL MOTORS SATURN LW 1 2,226 0.4492 202. GENERAL MOTORS CHEVROLET MALIBU MAXX 16 35,760 0.4474 203. HONDA CR-V 65 153,562 0.4233 204. TOYOTA PRIUS 20 47,970 0.4169 205. HONDA PILOT 50 135,591 0.3688 206. VOLVO XC70 9 24,528 0.3669 207. BMW MINI COOPER 11 31,126 0.3534 208. SUBARU FORESTER 22 62,733 0.3507 209. AUDI TT 2 5,889 0.3396 210. SAAB 9-3 10 29,534 0.3386 211. GENERAL MOTORS OLDSMOBILE BRAVADA 1 3,475 0.2878 212. SAAB 9-5 2 10,101 0.1980 213. GENERAL MOTORS BUICK RAINIER 4 28,987 0.1380 214. FORD MOTOR CO. MERCURY MONTEREY 2 20,632 0.0969 215. ASTON MARTIN VANQUISH 0 79 0.0000 216. FERRARI 575M 0 127 0.0000 217. FERRARI CHALLENGE 0 328 0.0000 218. FORD MOTOR CO. MERCURY MARAUDER 0 3,177 0.0000 219. GENERAL MOTORS CADILLAC FUNERAL COACH/HEARSE 0 973 0.0000 220. GENERAL MOTORS CADILLAC LIMOUSINE 0 778 0.0000 221. HONDA INSIGHT 0 543 0.0000 222. JAGUAR XK8 0 981 0.0000 223. LAMBORGHINI MURCIELAGO 0 121 0.0000 224. LOTUS ESPRIT 0 39 0.0000 225. MASERATI COUPE/SPYDER 0 793 0.0000 226. QUANTUM TECH. CHEVROLET CAVALIER 0 391 0.0000 227. BENTLEY ARNAGE 0 165 0.0000 228. BENTLEY CONTINENTAL 0 737 0.0000 229. ROLLS ROYCE PHANTOM 0 489 0.0000 230. SAAB 9-7X 0 1,998 0.0000 Issued on: September 29, 2006. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E6-16687 Filed 10-6-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 051014263-6028-03; I.D. 100206A] Fisheries off West Coast States; Pacific Coast Groundfish Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Mothership Sector AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Fishing restrictions; request for comments. SUMMARY: NMFS announces the end of the 2006 Pacific Whiting (whiting) Primary Season for the mothership sector at 9 p.m. local time (l.t.) September 29, 2006, because the allocation for the mothership sector is projected to be reached by that time. This action is intended to keep the harvest of whiting within the 2006 allocation levels. DATES: Effective from 9 p.m. l.t. September 29, 2006, until the start of the 2007 primary season for the mothership sector, unless modified, superseded or rescinded. Comments will be accepted through October 25, 2006. ADDRESSES: You may submit comments, identified by 051014263-6028-03, by any of the following methods: • E-mail: *WhitingMPclosure06.nwr@noaa.gov* Include 051014263-6028-03 in the subject line of the message. • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Fax: 206-526-6736, Attn: Becky Renko. • Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Becky Renko. FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110. SUPPLEMENTARY INFORMATION: This action is authorized by regulations implementing the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The regulations at 50 CFR 660.323(a) establish separate allocations for the catcher/processor, mothership, and shore-based sectors of the whiting fishery. For 2006, the 232,069-mt commercial harvest guideline for whiting is divided with the catcher/processor sector receiving 78,903 mt (34 percent); the mothership sector receiving 55,696 mt (24 percent); and the shore-based sector receiving 97,469 mt (42 percent). Regulations at 50 CFR 660.373(b) describe the primary season for each sector. For mothership processors, the primary season is the period when at-sea processing is allowed and the fishery is open for catcher vessels that harvest whiting for the mothership sector. When each sector's allocation is reached, the primary season for that sector is ended. NMFS Action This action announces achievement of the allocation for the mothership sector only. The best available information on September 29, 2006, indicated that the mothership allocation would be reached by 9 p.m. l.t. September 29, 2006, at which time the primary season for the mothership sector ends. For the reasons stated here and in accordance with the regulations at 50 CFR 660.323(b), NMFS herein announces that, effective 9 p.m. l.t. September 29, 2006, further receiving or at-sea processing of whiting by a mothership is prohibited. No additional unprocessed whiting may be brought on board after at-sea processing is prohibited, but a mothership may continue to process whiting that was on board before at-sea processing was prohibited, and whiting may not be taken and retained, possessed, or landed by a catcher vessel participating in the mothership sector. Classification This action is authorized by the regulations implementing the FMP. The determination to take this action is based on the most recent data available. The Assistant Administrator for Fisheries, NMFS, finds good cause to waive the requirement to provide prior notice and opportunity for comment on this action pursuant to 5 U.S.C. 553 (3)(b)(B), because providing prior notice and comment opportunity would be impracticable. It would be impracticable because if this closure were delayed in order to provide notice and comment, the fishery would be expected to greatly exceed the mothership sector allocation. A delay to provide a cooling off period also would be expected to cause the fishery to exceed its allocation. Therefore, good cause also exists to waive the 30-day delay in effectiveness requirement of 5 U.S.C. 553 (d)(3). The aggregate data upon which the determination is based are available for public inspection at the Office of the Regional Administrator (see ADDRESSES ) during business hours. This action is taken under the authority of 50 CFR 660.323
(b)and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: October 3, 2006. James P. Burgess, Acting Director, Office Of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-16676 Filed 10-6-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045-6045-01; I.D. 100406B] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Aleutian District of the Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; prohibition of retention. SUMMARY: NMFS is prohibiting retention of Pacific ocean perch in the Western Aleutian District of the Bering Sea and Aleutian Islands (BSAI). NMFS is requiring that catch of Pacific ocean perch in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2006 total allowable catch
(TAC)of Pacific ocean perch in this area has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 4, 2006, until 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for the Groundfish Fishery of the Gulf of Alaska
(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and CFR part 679. The 2006 TAC of Pacific ocean perch in the Western Aleutian District of the BSAI is 4,703 metric tons as established by the 2006 and 2007 harvest specifications for groundfish of the BSAI (71 FR 10870, March 3, 2006). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS, has determined that the 2006 TAC of Pacific ocean perch in the Western Aleutian District of the BSAI has been reached. Therefore, NMFS is requiring that further catches of Pacific ocean perch in the Western Aleutian District of the BSAI be treated as prohibited species in accordance with § 679.21(b). Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the prohibition of retention of Pacific ocean perch in the Western Aleutian District of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 3, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: October 4, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-8570 Filed 10-4-06; 2:22 pm]
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U.S. Code
- Federal Aviation Administration§ 106
- New animal drugs§ 360b
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Records maintained on individuals§ 552a
- Definitions§ 601
- Disposition of unclaimed property§ 2575
- Disposition of effects of deceased persons; unclaimed property§ 420
- Requests for decisions of the Comptroller General§ 3529
- Final settlement of accounts: deceased members§ 714
- Renumbered § 484]§ 554
- Claims for overpayment of pay and allowances and of travel and transportation allowances§ 2774
- Claims for overpayment of pay and allowances, and travel and transportation allowances§ 716
- Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances§ 5584
- Officer§ 2104
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Avoidance of duplicative or unnecessary analyses§ 605
- Establishment, functions, and activities§ 272
- Regulations for drawbridges§ 499
- Rule making§ 553
- Purposes§ 3501
- SHORT TITLE.§ 801
- Congressional findings and declaration of purpose§ 7401
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CFR
- Omeprazole.§ 520.1615
- Confidentiality of data and information in a new animal drug application file.§ 514.11
- Animal drugs.§ 25.33
- Great Channel.§ 117.720
- Grassy Sound Channel.§ 117.721
- When the drawbridge must open.§ 117.5
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36 references not yet in our index
- 14 CFR 125
- 14 CFR 135
- 49 CFR 571.213
- 21 CFR 520
- 21 CFR 20
- 5 USC 801-808
- 32 CFR 284
- Pub. L. 104-4
- Pub. L. 96-354
- Pub. L. 96-511
- 32 CFR 283
- 32 CFR 281
- 33 CFR 117
- 33 CFR 117.37(a)
- 5 USC 601-612
- Pub. L. 104-121
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- Pub. L. 102-587
- 106 Stat. 5039
- 40 CFR 52
- 44 CFR 65
- 44 CFR 60.3
- 44 CFR 65.4
- 44 CFR 10
- 44 CFR 67
- 44 CFR 60
- 49 CFR 541
- 50 CFR 660
- 50 CFR 660.323(a)
- 50 CFR 660.373(b)
- 50 CFR 660.323(b)
- 50 CFR 660.323
- 50 CFR 679
- 50 CFR 600
Citation graph
cites case law
Rules and Regulations
Final rule; correction
Cite14 CFR 125
Cite14 CFR 135
Cite49 CFR 571.213
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