Fed. Reg. Rules and Regulations — Final rules

BILLING CODE 4910-13-M SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA 2006-0083] RIN 0960-AG19 Continuing Disability Review Failure To Cooperate Process AGENCY: Social Security Administration. ACTION: Final rules. SUMMARY: We are amending our regulations to provide that we will suspend your disability benefits before we make a determination during a continuing disability review

(CDR)under title II and title XVI of the Social Security Act (the Act) when you fail to comply with our request for necessary information. Should you remain non-compliant for a period of one year following your suspension, we will then terminate your disability benefits. Although our current title XVI regulations generally provide for the termination of payments after 12 months of suspension, we are amending our regulations by adding this policy to our title II regulations and by restating it in the title XVI CDR regulatory provisions. DATES: These final rules are effective December 18, 2006. FOR FURTHER INFORMATION CONTACT: Don Harvey, Social Insurance Specialist, Office of Program Development and Research, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401,

(410)597-1026 or TTY

(410)966-5609. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet Web site, *Social Security Online* , at *www.socialsecurity.gov/* . SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html* . Statutory Background Sections 221(i) and 1614(a)(3)(H)(ii)(I) of the Act and §§ 404.1589, and 416.989 of our regulations require that after we find that you are disabled, we evaluate your impairment(s) from time to time to determine if you remain disabled. We call this evaluation a continuing disability review (CDR). If the medical and other evidence shows that you are not disabled under the standards set out in sections 223(f) and 1614(a)(4) of the Act, we will end the payment of cash benefits and terminate your period of disability. Section 1614(a)(3)(H)(iii) of the Act and § 416.987 of our regulations require that if you are eligible for payments as a child under title XVI by reason of disability, we redetermine that eligibility during the one-year period beginning on your 18th birthday, or, in lieu of a CDR, whenever we determine that your case is subject to such a review. We call this evaluation an age-18 redetermination. If the medical and other evidence shows that you are not disabled under the standards set out in section 1614(a)(3)(A)-(B) of the Act, we will end the payment of cash payments and terminate your period of disability. Sections 223(f) and 1614(a)(4) of the Act provide that, in general, if you receive disability benefits under titles II and/or XVI of the Act, we may find that you are no longer disabled if substantial evidence shows that there has been medical improvement in your impairment or combination of impairments, and you are now able to do substantial gainful activity. Under title XVI, if you are a child (an individual under age 18), substantial evidence must show that there has been medical improvement in your impairment or combination of impairments, and the impairment(s) must no longer cause marked and severe functional limitations. We call this the medical improvement review standard (MIRS), and we apply it whenever we do a CDR for an adult or a child. The statute also provides, however, for several exceptions to the “medical improvement” requirement where we will not apply the MIRS. One of those exceptions to applying the MIRS is the situation where you fail, without good cause, to cooperate with us when we do a CDR. Continuing Disability Review and Age-18 Redetermination Processes Under Our Current Regulations When we begin a CDR or an age-18 redetermination, we notify you that we are reviewing your eligibility for disability benefits and explain why we are reviewing your eligibility; what standard will apply, either the MIRS in a CDR or the initial claims criteria in an age-18 redetermination; that our review could result in the termination of your benefits; and that you have the right to submit medical and other evidence for us to consider during the CDR or the age-18 redetermination. Before we determine whether you are still disabled, we develop a complete medical history covering at least the 12 months preceding the date that you complete a report about your continuing disability status. If our review shows that we should stop your benefits, we notify you in writing and give you the opportunity to appeal. (See §§ 404.1589 and 416.989 of our regulations.) We explain when and how often we will do a CDR in §§ 404.1590 and 404.1591 of our title II regulations and in §§ 416.990 and 416.991 of our title XVI regulations. We explain when we will do an age-18 redetermination in § 416.987 of our title XVI regulations. When we do a CDR or age-18 redetermination, §§ 404.1594(e)(2), 416.987(e)(3), 416.994(b)(4)(ii) and 416.994a(f)(2) of our regulations set out the general principle that is reflected in sections 223(f) and 1614(a)(4) of the Act; *i.e.* , that you have the responsibility to cooperate with us, or take any required action that we decide is necessary to allow us to complete the CDR or age-18 redetermination. If you do not cooperate with us, and you do not have good cause as defined in §§ 404.911 and 416.1411 of our regulations for not cooperating, we will find that your disability has ended. We currently have no provision in our regulations that allows us to suspend your benefits under title II of the Act if you fail to cooperate with us when we request necessary information during a CDR. However, § 416.1322 of our title XVI regulations provides general authority that allows us to suspend your payments under title XVI of the Act, when you fail to cooperate with our requests for information, including during a CDR or age-18 redetermination. When we suspend your title XVI payments for such failure to cooperate under § 416.1322, we follow § 416.714(b) of our regulations, which gives you thirty days from the date of our written request to comply with the request for information. We also follow § 416.1336 of our regulations, which provides that before we suspend, reduce, or terminate your title XVI payments, we will give you advance notice of our intent and provide you with appeal rights and payment continuation rights pending resolution of the appeal. When we terminate your title XVI payments due to continuous suspension of payments, we follow § 416.1335 of our regulations, which provides that we will terminate your eligibility for payments following 12 consecutive months of payment suspension. Why Are We Revising Our Regulations? We are continually exploring ways to improve the disability process. These revisions will allow us to make our rules consistent for all beneficiaries under both titles II and XVI, implement a more efficient CDR process, encourage beneficiaries to cooperate during the CDR or age-18 redetermination process, and make the process less burdensome. As a result of the revisions, your failure to cooperate in the CDR process will result initially in a suspension rather than a termination of benefits based on a determination that you are no longer entitled to benefits. To have your benefits resumed, you will only have to contact your local Social Security office and provide the requested information and you will have up to 12 months to do so. Accordingly, during the 12 month period, you will not have to file an appeal in order to have your benefits resumed. In addition, you will not have to request, prepare for, and attend a hearing for your benefits to be resumed. When Will We Start To Use These Final Rules? We will start to use these final rules on their effective date. We will continue to use our prior rules until the effective date of these final rules. When these final rules become effective, we will apply them to CDRs and age-18 redeterminations that we initiate on or after the effective date. What Revisions Are We Making? We are revising §§ 404.1587 and 404.1596 of our title II regulations and adding a new § 416.992 to our title XVI regulations. With respect to § 404.1587, we are revising the title to reflect that your benefits may be terminated as well as suspended. In addition, we are designating the current paragraph as paragraph

(a)and adding a heading to it. We are also adding new paragraphs

(b)and (c). Under the new § 404.1587(b), we will suspend your benefits during a CDR when you do not cooperate with us by failing, without good cause, to comply with our written request for any necessary information. If you subsequently give us the information that we requested, we will reinstate your benefits and continue with the CDR process. We will reinstate your benefits for any previous month for which they are otherwise payable. The regulatory language in this final rule has been changed from the language that appeared in the notice of proposed rulemaking (NPRM), (70 FR at 72418). We have reordered the phrases in final § 404.1587(b) to state that “we will reinstate your benefits for any previous month for which they are otherwise payable, and continue with the CDR process.” This was done in response to a public comment that the regulatory language in the proposed rules could be misinterpreted to mean that we will not reinstate benefits until we complete the CDR process. Accordingly, the phrase was restructured for clarity in § 404.1587(b) and also in the parallel language in new §§ 404.1596(d) and 416.992. Under the new § 404.1587(c), we will terminate your benefits following 12 consecutive months of benefit suspension when you fail to comply with our written request for any necessary information made during a CDR. This termination will be effective with the start of the 13th month after your benefits were stopped because you failed to cooperate. You will have the right to appeal the termination, but you will not have benefit continuation rights. Under the revised § 404.1596, the title will reflect that your benefits may be terminated as well as suspended. We are also removing current paragraphs (c)(1) and (c)(2) and adding new paragraphs

(d)and

(e)to explain that we will not make a medical determination when you do not cooperate with us by failing to comply with our written request for any necessary information. We will suspend your benefits only after we give you advance notice as described in § 404.1595. The advance notice will tell you what you need to do so that your benefits are not suspended as outlined in § 404.1595(b)(3) of our regulations. In the new § 404.1596(d), we are adding language to explain that if we suspend your benefits because you fail to cooperate and you subsequently give us the information that we requested, we will reinstate your benefits and continue with the CDR process. We will reinstate your benefits for any previous months for which they are otherwise payable. As noted above, as a result of a public comment, we have reordered the phrases in the final regulation § 404.1596(d) to make them consistent with § 404.1587(b). With respect to the new § 404.1596(e), we explain that if we suspend your benefits because you do not give us the information that we need and you fail to respond during the subsequent 12-month period, we will terminate your benefits. The termination will be effective with the start of the 13th month after your benefits were stopped because you failed to cooperate. You will have the right to appeal the termination, but you will not have benefit continuation rights. We are adding a new § 416.992 to explain that we will suspend your payments before we make a determination regarding your continuing eligibility for disability payments if you fail to comply with our request for information for your CDR or age-18 redetermination. We will suspend your payments only after we give you advance notice as described in § 416.995. As outlined in § 416.1336 of our regulations, the advance notice will tell you what you need to do so that your payments are not suspended. If we suspend your payments because you fail to cooperate and you subsequently give us the information that we requested, we will reinstate your payments and continue with the CDR or age-18 redetermination process. We will reinstate your payments for any previous month for which they are otherwise payable. If we suspend your payments because you do not give us the information that we need and you fail to respond during the subsequent 12-month period, we will terminate your payments. The termination will be effective with the start of the 13th month after your payments were stopped because you failed to cooperate. You will have the right to appeal the termination, but you will not have payment continuation rights. In response to a public comment, the regulatory language in this final rule has been changed from the language that appeared in the proposed rules. We have revised the language in the final regulation § 416.992 to reflect that payments will only be suspended if good cause has not been established. This is consistent with the language in the final regulation § 404.1587(b). We have also reordered the phrases in final regulation § 416.992 to make them consistent with §§ 404.1587(b) and 404.1596(d). Public Comments We published these regulatory provisions in the **Federal Register** as a NPRM on December 5, 2005 (70 FR 72416). We provided the public with a 60-day comment period. We received comments from 10 individuals and 11 organizations. Because some of the comments submitted were detailed, we have tried to summarize or paraphrase the views presented in these comments accurately and to respond to the significant issues raised in the comments that were within the scope of the proposed rules. *Comment:* Several commenters stated that they disagreed with the proposed rule changes because of the potential for problems with the delivery of mail. The commenters said that we should be mindful of the widespread deficiencies in mail delivery. *Response:* We will exhaust all efforts to locate the beneficiary/payee and follow-up on all requests for information before deciding to suspend benefits. To ensure that we have made every reasonable effort to contact the beneficiary/payee, we will attempt to secure the most current address from the Post Office, financial institutions, etc. If we suspend an individual's benefits he or she will only have to contact his or her local Social Security office and provide the requested information within the 12 month period to have his or her benefits resumed. *Comment:* Along the same lines, one commenter related an incident in which her benefits had been terminated because the Postal Service was unable to locate her, despite residing at the same address for 13 years. The commenter suggested that all correspondences relating to requests for information should be sent via certified mail. *Response:* We did not need to make any changes in these final rules as a result of this comment. If a beneficiary fails to respond to our initial notice, our procedures require that we send a certified letter to a beneficiary's address of record prior to initiating a suspension action. *Comment:* One commenter expressed a view that individuals who have developmental or mental health diagnoses may not be able to read and understand the information that we send to them. The commenter said that this proposal may impose a hardship on these individuals and go against the intent of the Act. *Response:* In all situations, we are sensitive to circumstances in which an individual, including those individuals who have developmental or mental health diagnoses, may require assistance to comply with our requests. We will consider the individual's impairment and use all available resources to obtain needed information, and if necessary, determine whether a representative payee or change of representative payee is needed. *Comment:* Several commenters stated that they did not support our proposed rule changes because of the potential for misunderstandings about information being requested and vaguely worded notices. The commenters also stated that they did not support our proposed rule changes because of the potential for representative payees not fulfilling their reporting responsibilities. The commenters urged us to ensure that policies are in place to make certain that individuals continue to receive the benefits to which they are entitled prior to implementation of these final regulations. *Response:* As we stated above, we are sensitive to situations in which an individual may require assistance to comply with our requests. When appropriate, we will consider the beneficiary's capability and/or consider the need for a new payee. Before suspending benefits, we will send a notice that clearly explains that benefits will be suspended if the beneficiary/payee does not provide the necessary information. If we suspend an individual's benefits he or she will only have to contact his or her local Social Security office and provide the requested information within the 12 month period to have his or her benefits resumed. *Comment:* One commenter recommended that we send requests for information to the representative payee, an automatic reinstatement provision be provided when the beneficiary/payee provides the necessary information, and include a place on the form for the individual to state they do not understand a question or need assistance in filling out the form. *Response:* These final rules do not change our regulations on the use of representative payees. If a beneficiary has a representative payee, it is our policy to send all notices to the payee. Additionally, as soon as the beneficiary/payee provides the requested information, benefits will be reinstated, including any previous month for which they are otherwise payable. The beneficiary/payee will not have to request that benefits be reinstated. The form that an individual must complete during a CDR includes a remarks section where the individual can indicate that he or she does not understand a question or needs assistance completing the form. In addition, the letter that advises the individual that a CDR is being done also advises the individual that he or she may contact us at any time if he or she has any questions or requires assistance. *Comment:* One commenter applauded our decision to suspend rather than terminate benefits when a beneficiary fails to cooperate during a CDR and urged that we continue the existing policy that benefits be continued when despite a lack of cooperation the evidence establishes continued eligibility. *Response:* We are not changing our existing policy that benefits be continued when despite a lack of cooperation, evidence establishes continued eligibility. *Comment:* Several commenters stated that the proposed language of §§ 404.1587, 404.1596 and 416.992, “we will continue with the CDR process and reinstate your benefits for any month for which they are otherwise payable” should be reordered to make clear that benefits will be restored immediately upon the individual's cooperation with us. The commenters further stated that the “without good cause” language that appeared in §§ 404.1587 and 404.1596 in the proposed rules did not appear in the regulatory language in § 416.992 in the proposed rules and should be corrected in the final regulations. The commenters also suggested that the regulations should spell out what constitutes “good cause” in the situation where a person fails to cooperate with a CDR or an age-18 redetermination. *Response:* We agree that the order of the language that appeared in the regulatory section of the proposed rules might be misread. We have reordered the phrases in §§ 404.1587, 404.1596, and 416.992 by changing the language to state that “when we have received the information, we will reinstate your benefits for any previous month for which they are otherwise payable, and continue with the CDR process.” Also, we have rewritten § 416.992 to include the reference to the regulatory language “without good cause” to make it consistent with §§ 404.1587 and 404.1596, since it was inadvertently omitted. For clarity when referring to “good cause,” we are adding a parenthetical to the final rules referencing the “good cause” citations (§§ 404.911 and 416.1411) in the regulatory text of §§ 404.1587(b), 404.1596(d), and 416.992, as appropriate. *Comment:* The same commenters also stated that the regulations should include specific statements that we will meet with the individual on the day he or she first visits the Social Security office to report that he or she did not receive the monthly check. Also, the commenters stated that the final regulations should note that we will assist those who need extra help and that such provision, among others, is required by our obligation under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). *Response:* We have not rewritten these sections to include specific statements that we will meet with the individuals on the day he or she first visits a Social Security office or to assist individuals who need extra help because it is already our policy to do so. Further, we comply with all applicable laws relating to our programs to ensure maximum accessibility of all our programs and proceedings. If a beneficiary contacts one of our field offices with the necessary information, the field office will meet with them and take action to reinstate their benefits. *Comment:* One commenter suggested that if benefits are suspended for non-cooperation, benefits should be reinstated only if the information subsequently provided demonstrates that the beneficiary is still disabled. *Response:* We did not adopt this comment. The purpose of these final rule changes is to implement a more efficient CDR process and to encourage beneficiaries to cooperate during the CDR process. Accordingly, if the beneficiary provides us with the necessary information or evidence requested, benefits will be reinstated. We will then continue with the CDR process. Regulatory Procedures Executive Order 12866 We have consulted with the Office of Management and Budget

(OMB)and determined that these final rules meet the criteria for a significant regulatory action under E.O. 12866, as amended by E.O. 13258. Thus, they were reviewed by OMB. Regulatory Flexibility Act We certify that these final rules will not have a significant economic impact on a substantial number of small entities because they affect only individuals. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These final regulations impose no reporting or recordkeeping requirements requiring OMB clearance. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security—Disability Insurance; 96.002, Social Security—Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.006, Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-Age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements, Social Security. 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Dated: July 11, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. For the reasons set out in the preamble, we are amending subpart P of part 404 and subpart I of part 416 of chapter III of title 20 of the Code of Federal Regulations, as set forth below: PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950—) Subpart P—[Amended] 1. The authority citation for subpart P of part 404 continues to read as follows: Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), (221(a) and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i), 422(c), 423, 425, and 902(a)(5)); section 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189. 2. Section 404.1587 is revised to read as follows: § 404.1587 Circumstances under which we may suspend and terminate your benefits before we make a determination.

(a)*We will suspend your benefits if you are not disabled.* We will suspend your benefits if all of the information we have clearly shows that you are not disabled and we will be unable to complete a determination soon enough to prevent us from paying you more monthly benefits than you are entitled to. This may occur when you are blind as defined in the law and age 55 or older and you have returned to work similar to work you previously performed.

(b)*We will suspend your benefits if you fail to comply with our request for necessary information.* We will suspend your benefits effective with the month in which it is determined in accordance with § 404.1596(b)(2)(i) that your disability benefits should stop due to your failure, without good cause (see § 404.911), to comply with our request for necessary information. When we have received the information, we will reinstate your benefits for any previous month for which they are otherwise payable, and continue with the CDR process.

(c)*We will terminate your benefits.* We will terminate your benefits following 12 consecutive months of benefit suspension because you did not comply with our request for information in accordance with § 404.1596(b)(2)(i). We will count the 12-month suspension period from the start of the first month that you stopped receiving benefits (see paragraph

(b)of this section). This termination is effective with the start of the 13th month after the suspension began because you failed to cooperate. 3. Section 404.1596 is amended by revising the heading, removing paragraphs (c)(1) and (c)(2), redesignating paragraphs (c)(3) and (c)(4) as paragraphs (c)(1) and (c)(2), and adding new paragraphs

(d)and

(e)to read as follows: § 404.1596 Circumstances under which we may suspend and terminate your benefits before we make a determination.

(d)*When the suspension is effective.* We will suspend your benefits effective with the month in which it is determined in accordance with paragraph (b)(2)(i) of this section that your disability benefits should stop due to your failure, without good cause (see § 404.911), to comply with our request for necessary information for your continuing disability review. This review is to determine whether or not you continue to meet the disability requirements of the law. When we have received the information, we will reinstate your benefits for any previous month for which they are otherwise payable, and continue with the CDR process.

(e)*When we will terminate your benefits.* We will terminate your benefits following 12 consecutive months of benefit suspension because you did not comply with our request for information in accordance with paragraph (b)(2)(i) of this section. We will count the 12-month suspension period from the start of the first month that you stopped receiving benefits (see paragraph

(d)of this section). This termination is effective with the start of the 13th month after the suspension began because you failed to cooperate. PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart I—[Amended] 4. The authority citation for subpart I of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), (d)(1) and (p), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and (p), and 1383(b); secs. 4(c) and (5), 6(c)-(e), 14(a), and 15, Pub. L. 98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note and 1382h note). 5. Section 416.992 is added to read as follows: § 416.992 What happens if you fail to comply with our request for information. We will suspend your payments before we make a determination regarding your continued eligibility for disability payments if you fail to comply, without good cause (see § 416.1411), with our request for information for your continuing disability review or age-18 redetermination. The suspension is effective with the month in which it is determined in accordance with § 416.1322 that your eligibility for disability payments has ended due to your failure to comply with our request for necessary information. When we have received the information, we will reinstate your payments for any previous month for which they are otherwise payable, and continue with the CDR or age-18 redetermination process. We will terminate your eligibility for payments following 12 consecutive months of payment suspension as discussed in § 416.1335. [FR Doc. E6-17181 Filed 10-16-06; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA-254F] RIN 1117-AA90 Control of Sodium Permanganate as a List II Chemical AGENCY: Drug Enforcement Administration (DEA), U.S. Department of Justice. ACTION: Final rule. SUMMARY: On March 1, 2005, the Drug Enforcement Administration

(DEA)published a Notice of Proposed Rulemaking (70 FR 9889) which proposed the addition of sodium permanganate as a List II chemical because of its direct substitutability for potassium permanganate (a List II chemical) in the illicit production of cocaine. This rulemaking finalizes control of sodium permanganate. As a List II chemical, handlers of sodium permanganate shall be subject to Controlled Substances Act

(CSA)chemical regulatory controls including recordkeeping, reporting, and import/export requirements. DEA has determined that these controls are necessary to prevent the diversion of this chemical to cocaine laboratories. This rulemaking is also establishing a cumulative threshold of 55 kilograms and 500 kilograms (respectively) for domestic and international transactions. As such, all transactions which meet or exceed these quantities (in a calendar month) shall be considered regulated transactions, subject to recordkeeping, reporting and/or import/export notification requirements. Additionally, as a result of this rulemaking, chemical mixtures having greater than 15 percent sodium permanganate shall be subject to CSA chemical regulatory control provisions. All handlers of the List II chemical sodium permanganate shall also be subject to the applicable civil and criminal penalty provisions found in 21 U.S.C. 841, 842, 843, 959 and 960. DATES: *Effective Date:* December 18, 2006. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud Ph.D., Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at

(202)307-7183. SUPPLEMENTARY INFORMATION: The CSA and its implementing regulations, specifically 21 U.S.C. 802(35) and 21 CFR 1310.02(c), provide the Attorney General with the authority to specify, by regulation, additional chemicals as “List II” chemicals if they are used in the manufacture of a controlled substance in violation of the CSA. This authority has been delegated to the Administrator, Drug Enforcement Administration

(DEA)by 28 CFR 0.100 and redelegated to the Deputy Administrator under 28 CFR 0.104 (Subpart R) Appendix section 12. On March 1, 2005, the DEA published a Notice of Proposed Rulemaking (70 FR 9889) which proposed the addition of sodium permanganate as a List II chemical because of its direct substitutability for potassium permanganate (a List II chemical) in the illicit production of cocaine. Additionally, the Notice of Public Rule Making

(NPRM)proposed that a threshold of 55 kilograms and 500 kilograms be established (respectively) for domestic and international transactions. DEA also proposed that chemical mixtures (containing sodium permanganate) having less than or equal to 15 percent sodium permanganate shall qualify for automatic exemption from CSA chemical regulatory controls pursuant to 21 CFR Part 1310. Since DEA recognizes that the concentration limit exemption criteria cannot identify all mixtures that should receive exemption status, DEA has implemented an application process to exempt additional mixtures (21 CFR 1310.13). This application process was finalized in a Final Rule published in the **Federal Register** May 1, 2003 (68 FR 23195). Under the application process, manufacturers may submit an application for exemption for those mixtures that do not qualify for automatic exemption. Exemption status can be granted if DEA determines that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and the listed chemical cannot be readily recovered ( *i.e.* , it meets the conditions in 21 U.S.C. 802(39)(A)(v)). An application may be for a single or a multiple number of formulations. Sodium Permanganate Industry and Legitimate Uses Sodium permanganate is an inorganic oxidant that is a direct substitute for potassium permanganate. Due to its high solubility in water, sodium permanganate has distinct advantages over potassium permanganate in many industrial applications. It is becoming widely used for industrial purposes, including

(1)Printed circuit board production,

(2)pharmaceutical and chemical synthesis,

(3)soil and groundwater remediation,

(4)metal cleaning formulations,

(5)acid mine drainage and

(6)hydrogen sulfide odor control. DEA has identified only one domestic producer of sodium permanganate. However, sodium permanganate is also imported into the United States (U.S.) and there are at least three other major suppliers of sodium permanganate in the U.S. The U.S. firm that manufactures sodium permanganate distributes it through 15-20 major authorized distributors and more than 100 branch distributors. This U.S. supplier has advised DEA that it is aware of “one [sodium permanganate] manufacturer in Germany, more than one manufacturer in China and at least nine suppliers in other countries.” Reason for This Control Action Sodium permanganate is directly substitutable for potassium permanganate, an important List II chemical used illicitly in the production of cocaine. Potassium permanganate is widely used as an oxidizing agent for removing impurities from coca base in the illicit production of cocaine. Potassium permanganate is utilized because it produces an aesthetically pleasing, white, crystalline form of cocaine hydrochloride, which is easily marketed. Because of its importance in cocaine production, potassium permanganate has been the target of international cooperative efforts to monitor potassium permanganate shipments and prevent its diversion. This effort remains an international priority involving the competent authorities of 22 countries. Recently, the world's largest producer of potassium permanganate (a U.S. company) informed DEA of its recent conversion of production processes away from potassium permanganate and toward the increased production and distribution of sodium permanganate. Because of sodium permanganate's direct substitutability for potassium permanganate, this company has agreed with DEA concerns regarding the potential illicit use of sodium permanganate as a direct substitute for potassium permanganate in cocaine processing. This producer advised DEA that it would welcome the control of sodium permanganate as a listed chemical. Even though production of sodium permanganate has historically been limited, sodium permanganate has been seized by law enforcement at illicit cocaine laboratories in Latin America. As reported in the 2001 and 2002 Statistical Summary on Drugs, compiled by the Organization of American States (OAS), and the Inter-American Drug Abuse Control Commission (CICAD), the Government of Colombia (as reported by the Colombian Ministerio de Justicia y del Derecho, Direccion Nacional de Estupefacientes) reported the seizure of 1,400 kilograms of sodium permanganate in 1997, 236 kilograms in 1998 and 404 kilograms in 1999. Because of its direct substitutability for potassium permanganate and increased production, DEA sees the urgent need to regulate sodium permanganate as a List II chemical to prevent its diversion to cocaine laboratories. Hence, this rulemaking subjects sodium permanganate to the same CSA regulatory controls which have been put forth for potassium permanganate. As such, sodium permanganate shall be subject to List II chemical controls, including recordkeeping, reporting, and import/export requirements as specified in 21 CFR Parts 1310 and 1313. Comments Received in Response to the NPRM In response to the March 1, 2005, NPRM, DEA received four comments. One commenter simply stated that they supported the control of sodium permanganate as a List II chemical. Another commenter stated that they disagreed with the exemption of chemical mixtures containing less than 15 percent sodium permanganate, but did not provide any supportive reason for their opposition. Two comments addressed the issue of the establishment of a domestic threshold of 55 kilograms for domestic transactions. One commenter stated that the threshold was too high and instead suggested that DEA establish a domestic threshold of 5 kilograms. Another commenter stated that they believed the 55 kilogram threshold was too low, and stated that they believed it would increase the recordkeeping burden on wastewater treatment facilities. DEA believes, however, that the threshold of 55 kilograms for domestic transactions will not impact these wastewater treatment facilities because these facilities are end-users. As such, they are not required to maintain records and therefore do not incur any regulatory burden. Their suppliers, however, must maintain records of all distributions greater than 55 kilograms. Furthermore, DEA believes that the 55 kilogram threshold for domestic transactions is appropriate, since this is the threshold that currently exists for potassium permanganate (which is the direct substitute for sodium permanganate in these industries.) One comment was received from the sole U.S. producer of sodium permanganate. The company stated that it supports DEA's proposal to control sodium permanganate as a List II chemical. The company further stated that controls on sodium permanganate should be exactly the same as the controls which currently exist on potassium permanganate. DEA agrees. What This Final Rule Does and Regulatory Controls That Shall Apply to This Chemical After careful consideration of all comments, DEA has determined that all control provisions as proposed in the March 1, 2005, NPRM (70 FR 9889) shall become final. As such, the exact regulatory controls which currently apply to potassium permanganate shall be implemented for sodium permanganate effective December 18, 2006. As a List II chemical, sodium permanganate shall be subject to the chemical regulatory control provisions and civil and criminal sanctions of the CSA. As such, recordkeeping, reporting and import/export notification requirements (as described in 21 CFR Parts 1310 and 1313) shall apply. As a List II chemical, manufacturers, distributors, importers and exporters of sodium permanganate will not be required to register with DEA pursuant to the provisions of 21 CFR Part 1309. Handlers of this chemical shall be required to maintain records and meet CSA import/export notification requirements for “regulated transactions” involving sodium permanganate. The CSA (21 U.S.C. 802(39)) defines the term “regulated transaction” as a “distribution, receipt, sale, importation, or exportation of, or an international transaction involving the shipment of, a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical,” a transaction involving a threshold amount. The CSA, therefore, provides the Attorney General with authority to establish a threshold amount for listed chemicals if the Attorney General so elects. DEA is establishing a threshold of 55 kilograms for domestic transactions and 500 kilograms for international transactions. Consequently, all transactions which meet or exceed these threshold quantities shall be considered regulated transactions and be subject to recordkeeping, reporting and import/export notification requirements of the CSA. Regulatory Requirements for Persons Handling Regulated Transactions of Sodium Permanganate *Records and Reports.* The CSA (21 U.S.C. 830) requires certain records to be kept and reports to be made involving listed chemicals. Regulations describing recordkeeping and reporting requirements are set forth in 21 CFR Part 1310. A record must be made and maintained for two years after the date of a regulated transaction involving a List II chemical. Only a distribution, receipt, sale, importation, or exportation of a regulated mixture at or above the established threshold ( *e.g.* 55 kilograms for domestic transactions and 500 kilograms for international transactions) is a regulated transaction (21 CFR 1300.02(b)(28)). Each regulated bulk manufacturer of a regulated mixture shall submit manufacturing, inventory and use data on an annual basis (21 CFR 1310.05(d)). Bulk manufacturers producing the mixture solely for internal consumption, *e.g.* , formulating a non-regulated mixture, are not required to submit this information. Existing standard industry reports containing the required information are acceptable, provided the information is readily retrievable from the report. 21 CFR 1310.05 requires that each regulated person shall report to DEA any regulated transaction involving an extraordinary quantity, an uncommon method of payment or delivery, or any other circumstance that causes the regulated person to believe that the listed chemical will be used in violation of the CSA. *Imports/Exports.* All import/exports and brokered transactions of regulated mixtures shall comply with the CSA (21 U.S.C. 957 and 971). Regulations for importation and exportation of listed chemicals are described in 21 CFR Part 1313. *Administrative Inspection.* Places, including factories, warehouses, or other establishments and conveyances, where regulated persons may lawfully hold, manufacture, or distribute, dispense, administer, or otherwise dispose of a listed chemical or where records relating to those activities are maintained, are controlled premises as defined in 21 CFR 1316.02(c). The CSA (21 U.S.C. 880) allows for administrative inspections of these controlled premises as provided in 21 CFR Part 1316, Subpart A. Specific Requirements That Will Apply to Regulated Chemical Mixtures Containing Sodium Permanganate Effective December 18, 2006, a chemical mixture that is regulated because it contains greater than 15 percent sodium permanganate will be treated as a List II chemical. Transactions that meet or exceed the cumulative monthly threshold of 55 kilograms for domestic transactions and 500 kilograms for international transactions shall be regulated transactions. The regulatory requirements for regulated chemical mixtures containing List II chemicals are the same as for regulated chemical mixtures containing List I chemicals, except that registration requirements do not apply. Therefore, the same requirements for records and reports, imports/exports (except that pertaining to 21 U.S.C. 957), and administrative inspection, as outlined above, apply to handlers of List II regulated chemical mixtures. Persons who submit an application for exemption (21 CFR 1310.13) and whose application is pending or subsequently denied by DEA shall be required to comply with all chemical control requirements, including recordkeeping and reporting, effective December 18, 2006. Therefore, all transactions of the chemical mixture would be regulated, if above threshold, while an application for exemption is pending or awaiting correction. This is necessary because not regulating these transactions could result in increased diversion of chemicals desirable to cocaine traffickers. Potential Impact of Regulation Upon Industry In an effort to better estimate the potential impact of this action, DEA conducted an analysis of various data sources relating to the manufacture, distribution, and use of the permanganates. This included an analysis of current chemical producers and marketing directories (to identify companies listing themselves as sources of these chemicals). As previously stated in the NPRM, the DEA has identified only a limited number of companies which distribute sodium permanganate which has been either domestically produced or imported. While sodium permanganate has industrial uses, DEA has not been able to identify any ‘household' uses for this chemical. Therefore, the number of firms that are likely to be affected by this proposed regulation is relatively small. This final rulemaking is not considered to have an impact upon a substantial number of firms, given the limited distribution of this chemical. Additionally, it is likely that the CSA recordkeeping requirements are already being met as part of normal business practice. Since sodium permanganate is being added as a List II chemical there is no registration requirement. Additionally, DEA is establishing a cumulative threshold of 55 kilograms for domestic transactions and 500 kilograms for international transactions. Therefore, small transactions involving research quantities of sodium permanganate will not be subject to regulatory requirements. Regulatory Certifications Regulatory Flexibility Act The Deputy Administrator hereby certifies that this rulemaking has been drafted in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation, and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. As noted previously, this rulemaking is not considered to have an impact upon a substantial number of firms, given the limited distribution of this chemical. Further, this impact is being limited by the fact that DEA is adding sodium permanganate as a List II chemical, rather than the more stringent requirements of a List I chemical. Additionally, it is likely that the CSA recordkeeping requirements are already being met as part of normal business practice. The cumulative threshold of 55 kilograms for domestic transactions and 500 kilograms for international transactions established here would remove from regulatory control small transactions involving research quantities of sodium permanganate. Executive Order 12866 The Deputy Administrator further certifies that this rulemaking has been drafted in accordance with the principles in Executive Order 12866 section 1(b). It has been determined that this is a “significant regulatory action”. Therefore, this action has been reviewed by the Office of Management and Budget. DEA has identified only one U.S. firm which manufactures sodium permanganate. This firm supports control of sodium permanganate as a List II chemical. Paperwork Reduction Act This rulemaking adds sodium permanganate as a List II chemical under the CSA. As a List II chemical, there is no requirement of registration to handle this chemical. Further, as most persons who handle this product are end-users and, as such, are not required to maintain records or file reports, there is no impact on these persons. Handlers of sodium permanganate that distribute above threshold quantities are required to maintain records. Normal business records are deemed adequate if they contain the information required in 21 CFR 1310.06. As normal business records meet DEA's regulatory requirements, the maintenance of these records does not fall under the parameters of the Paperwork Reduction Act. Further, persons importing and exporting this List II chemical in quantities of greater than 500 kilograms, cumulatively, per month, must provide DEA with advance notification of these transactions. As DEA does not have any information on which to base an estimate of the impact of this new reporting requirement for persons importing or exporting sodium permanganate in quantities greater than 500 kilograms, cumulatively, per month, DEA will adjust the burden related to this information collection (OMB control number 1117-0023 “Import/Export Declaration: Precursor and Essential Chemicals”) upon its renewal. Executive Order 12988 This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform. Executive Order 13132 This rulemaking does not preempt or modify any provision of State law; nor does it impose enforcement responsibilities on any State; nor does it diminish the power of any State to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of Executive Order 13132. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $115,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $114,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 21 CFR Part 1310 Drug Traffic Control, List I and List II chemicals, Reporting and Recordkeeping Requirements. For reasons set out above, 21 CFR part 1310 is amended as follows: PART 1310—RECORDS AND REPORTS OF LISTED CHEMICALS AND CERTAIN MACHINES 1. The authority citation for part 1310 continues to read as follows: Authority: 21 U.S.C. 802, 830, 871(b), 890. 2. § 1310.02 is amended by adding a new paragraph (b)(12) to read as follows: § 1310.02 Substances Covered.

(b)* * *

(12)Sodium Permanganate 6588 3. § 1310.04 is amended by adding new paragraphs (f)(2)(i)(H) and (f)(2)(ii)((J) to read as follows: § 1310.04 Maintenance of records.

(f)* * *

(2)* * *

(i)* * *

(H)Sodium permanganate ......... N/A ............. 500 kilograms

(ii)* * *

(J)Sodium permanganate ............. N/A ............. 55 kilograms 4. § 1310.12 is amended by adding an entry for “sodium permanganate” to the table in paragraph

(c)to read as follows: § 1310.12 Exempt chemical mixtures.

(c)* * * Table of Concentration Limits DEA chemical code No. Concentration (percent) Special conditions * * * * * * * List II Chemicals * * * * * * * Sodium Permanganate 6588 15% by Weight * * * * * * * Dated: September 29, 2006. Michele M. Leonhart, Deputy Administrator. [FR Doc. E6-16990 Filed 10-16-06; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9274] RIN 1545-BB16 Disclosure of Return Information by Certain Officers and Employees for Investigative Purposes; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document corrects final regulations (TD 9274) that were published in the **Federal Register** on Tuesday, July 11, 2006 (71 FR 38985). The document contains final regulations relating to the disclosure of return information pursuant to section 6103(k)(6) of the Internal Revenue Code. DATES: This correcting amendment is effective October 17, 2006. FOR FURTHER INFORMATION CONTACT: Helene R. Newsome,

(202)622-4570 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The notice of final regulations (TD 9274) that is the subject of these corrections is under section 6103(k)(6) of the Internal Revenue Code. Need for Correction As published, TD 9274 contains errors that may prove to be misleading and are in need of clarification. List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR Part 301 is corrected by making the following correcting amendments: **Paragraph 1.** On page 38985, column 1, in the preamble, under the caption “DATES”, second line, the language “are effective July 11, 2006.” is corrected to read “are effective July 6, 2006.”. **Par. 2.** On page 38986, column 2, in the preamble, under the paragraph heading “Special Analyses”, sixth line from the top of the column, the language “and because the regulation does not” is corrected to read “and because the regulations do not”. PART 301—PROCEDURE AND ADMINISTRATION **Par. 3.** The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 4.** Section 301.6103(k)(6)-1(e) is revised to read as follows: § 301.6103(k)(6)-1 Disclosure of return information by certain officers and employees for investigative purposes.

(e)*Effective date.* This section is applicable on July 6, 2006. Guy R. Traynor, Chief, Publications and Regulations Branch, Legal Processing Division,Associate Chief Counsel, (Procedure and Administration). [FR Doc. E6-17135 Filed 10-16-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9291] RIN 1545-BB97 Miscellaneous Changes to Collection Due Process Procedures Relating to Notice and Opportunity for Hearing Prior to Levy AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final Regulations. SUMMARY: This document contains final regulations amending the regulations relating to a taxpayer's right to a hearing before or, in limited cases, after levy under section 6330 of the Internal Revenue Code of 1986. The final regulations make certain clarifying changes in the way collection due process

(CDP)hearings are held and specify the period during which a taxpayer may request an equivalent hearing. The final regulations affect taxpayers against whose property or rights to property the Internal Revenue Service

(IRS)intends to levy. DATES: *Effective Date:* These regulations are effective on November 16, 2006. *Applicability Date:* These regulations apply to requests for CDP or equivalent hearings on or after November 16, 2006. FOR FURTHER INFORMATION CONTACT: Laurence K. Williams, 202-622-3600 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to the Regulations on Procedure and Administration (26 CFR part 301) relating to the provision of notice under section 6330 of the Internal Revenue Code to taxpayers of a right to a CDP hearing (CDP Notice) before or, in limited cases, after levy. Final regulations (TD 8980) were published on January 18, 2002, in the **Federal Register** (67 FR 2549) (the 2002 final regulations). The 2002 final regulations implemented certain changes made by section 3401 of the Internal Revenue Service Restructuring and Reform Act of 1998 (Pub. L. 105-206, 112 Stat. 685)(RRA 1998), including the addition of section 6330 to the Internal Revenue Code. Section 3401 of RRA 1998 also added section 6320 to the Internal Revenue Code. That statute provides for notice to taxpayers of a right to a hearing after the filing of a notice of Federal tax lien (NFTL). A number of the provisions in section 6330 concerning the conduct and judicial review of a CDP hearing are incorporated by reference in section 6320. On January 18, 2002, final regulations (TD 8979) under section 6320 were published in the **Federal Register** (67 FR 2558) along with the 2002 final regulations under section 6330. On September 16, 2005, the IRS and the Treasury Department published in the **Federal Register** (70 FR 54687) a notice of proposed rulemaking and notice of public hearing (REG-150091-02). The IRS received one set of written comments responding to the notice of proposed rulemaking. Because no one requested to speak at the public hearing, the hearing was cancelled. After considering each of the comments, the proposed regulations are adopted as amended by this Treasury decision. On August 17, 2006, the Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780 (the PPA), was enacted. Section 855 of the PPA amended section 6330(d) of the Internal Revenue Code to withdraw judicial review of CDP notices of determination from United States district court jurisdiction, leaving review solely in the United States Tax Court. This amendment to section 6330(d), effective for notices of determination issued on or after October 17, 2006, requires the removal of references to district court review in the 2002 final regulations. This Treasury decision removes those references. The IRS and the Treasury Department have determined that a notice of proposed rulemaking and solicitation of public comments are not required to amend the regulations to implement the modification to section 6330(d). These amendments are made solely to conform the regulations to a statutory change enacted by Congress. Because the amendments do not involve any exercise of discretion or interpretation, the notice and public comment procedures are unnecessary. The comments and changes to the proposed regulations, and the amendments required by the Congressional modification to section 6330(d), are discussed below. Summary of Comments and Explanation of Changes The comments suggested that the IRS be required to contact taxpayers who timely file an incomplete request for CDP hearing to give them the opportunity to perfect the request within a reasonable time period and further recommended that such contact be in writing and identify the infirmity requiring perfection. The comments also recommended that the final regulations establish a specific time period during which taxpayers may, by right, amend or perfect their previously-filed yet incomplete CDP hearing request. The request, according to the comments, should be considered timely if it is perfected within the applicable time period. Currently, the practice of the IRS is to contact taxpayers whose hearing requests fail to satisfy the requirements specified by the existing regulations and ask these taxpayers to perfect their requests within a specified period of time. The IRS considers requests perfected within the time specified to be timely. The intention of the IRS and the Treasury Department is to incorporate this administrative procedure into the proposed regulations. The final regulations more clearly state that the IRS will make a reasonable attempt to contact taxpayers to give them a reasonable period of time to perfect incomplete requests. However, the timeframe in which to respond to the request, and the method of delivery of the request (i.e., orally or in writing) are more appropriately addressed in the Internal Revenue Manual. The final regulations make clear that requests perfected within the time period specified by the IRS will be considered timely. The final regulations do not adopt the suggestion to establish a period of time during which a taxpayer is allowed to perfect an incomplete request, without regard to a perfection request from the IRS. The IRS and Treasury Department believe that the procedure incorporated into the final regulations is sufficient to permit taxpayers to ensure their requests are complete. The comments recommended that the IRS Office of Appeals (Appeals) be given the discretion to permit a taxpayer to amend an imperfect hearing request after the period for perfecting the request has expired, if the taxpayer can demonstrate that such amendment furthers an alternative to collection. This change to the regulations is unnecessary because Appeals is already empowered to exercise this discretion. Neither the current regulations nor the proposed amendments limits Appeals from exercising this discretion. Accordingly, the final regulations do not adopt this recommendation. Further clarification, however, will be provided in the Internal Revenue Manual. The comments suggested that where a taxpayer fails to perfect a CDP hearing request until after the time period specified by the IRS, the perfected request should be automatically treated as a request for an equivalent hearing. Treating untimely perfected requests as equivalent hearing requests may unduly prolong the process in cases in which a taxpayer does not want an equivalent hearing. Accordingly, the final regulations do not adopt this suggestion. The final regulations, however, provide that Appeals will determine the timeliness of CDP hearing requests. The final regulations also add to the proposed regulations that taxpayers making an untimely request will be provided the opportunity to have the request for CDP hearing treated as a request for equivalent hearing, without submitting an additional request. The comments requested that the final regulations give taxpayers whose hearing requests might be construed as making a frivolous argument the right to amend their hearing requests to raise relevant, non-frivolous issues. The comments further recommended that all taxpayers be given the right to supplement the hearing request prior to the conference conducted by Appeals. These comments indicate concern that taxpayers may be unable to articulate reasons for disagreeing with the collection action that are satisfactory to Appeals. The reasons for disagreeing with the collection action need not be detailed. To assist taxpayers in articulating reasons, the IRS is revising Form 12153, “Request for a Collection Due Process Hearing,” to add examples of the most common reasons taxpayers give for requesting a hearing, including requests for collection alternatives. In any event, the informal nature of the CDP hearing permits taxpayers and Appeals to discuss collection alternatives and issues not listed in the hearing request if such discussion will help resolve the case. Accordingly, the final regulations do not adopt these recommendations. The comments urged that the final regulations guarantee a face-to-face conference for each taxpayer who presents a relevant, non-frivolous reason for disagreement with the collection action. If this recommendation is not adopted, the comments suggest that the regulations address and provide examples of when a face-to-face conference will not be granted. The final regulations do not adopt the recommendation to guarantee a face-to-face conference for each taxpayer raising a relevant, non-frivolous issue. The IRS and the Treasury Department agree with the comments that a face-to-face conference can be a useful forum for resolving a taxpayer's issues. The final regulations recognize the importance of a face-to-face meeting by providing that taxpayers will ordinarily be offered an opportunity for a face-to-face conference. There will be instances, however, when a face-to-face conference is not practical. The final regulations identify typical situations in which a face-to-face conference will be neither necessary nor productive. Except for these situations, the IRS and the Treasury Department anticipate that Appeals will afford a face-to-face meeting to taxpayers who request one. Nonetheless, unanticipated circumstances may arise in which granting a face-to-face conference will not be appropriate. The final regulations give Appeals the flexibility needed to respond to unanticipated circumstances. Adoption of the comment requesting guidance on when a face-to-face conference will not be granted is unnecessary. The final regulations retain descriptions of situations in which a face-to-face conference will not be granted, as illustrated in the proposed regulations. Further guidance on granting face-to-face conferences will be provided in the Internal Revenue Manual. The comments suggested that a taxpayer who appears to be presenting only frivolous reasons be given an opportunity to provide relevant, non-frivolous reasons in order to obtain a face-to-face conference. Adoption of this recommendation is unnecessary. Correspondence sent by Appeals to taxpayers who make only frivolous arguments invites them to submit relevant, non-frivolous reasons. Appeals offers face-to-face conferences to taxpayers who respond by providing such reasons. The comments also suggested that the regulations define relevant and frivolous. The IRS and the Treasury Department believe that any attempt to define these terms is unnecessary and could result in underinclusive definitions. For example, the comments suggest that a frivolous issue be defined as an issue that is the same or substantially similar to an issue identified as frivolous by the IRS in published guidance. It is not possible to anticipate or keep pace with the evolution of frivolous arguments through published guidance. Instead, taxpayers are advised to consult the lists of examples of frivolous arguments in IRS Publication 2105, “Why Do I Have to Pay Taxes” and on the IRS Web site in a document entitled “The Truth about Frivolous Tax Arguments.” The names and Web addresses of these documents, and a toll-free number to order Publication 2105, will be added to the instructions to Form 12153 to help taxpayers avoid making these arguments. The comments recommended clarification of the proposed rule that a face-to-face conference concerning a collection alternative will not be granted unless the alternative would be available to other taxpayers in similar circumstances. According to the comments, a taxpayer should not be denied a face-to-face conference because the requested collection alternative cannot be accepted, for example, because it appears from financial information that the taxpayer can pay the liabilities in full. This proposed rule was not intended to deny a face-to-face conference because the requested collection alternative would not be accepted. The intention of this rule is to permit the denial of a face-to-face conference to discuss a collection alternative for which the taxpayer is not eligible. A lack of eligibility under IRS policy is tied to a taxpayer's compliance with the Federal tax laws, not to the taxpayer's financial circumstances or ability to request the most appropriate alternative. For example, if the taxpayer has not filed all required tax returns, the taxpayer is not eligible for an offer to compromise or an installment agreement. In response to the concerns expressed in the comments, the final regulations amplify the rule that a face-to-face conference to discuss a collection alternative will not be granted unless other taxpayers would be eligible for the alternative in similar circumstances. The final regulations provide in A-D8 that Appeals in its discretion may grant a face-to-face conference if Appeals determines that a face-to-face conference is appropriate to explain to the taxpayer the requirements for becoming eligible for a collection alternative. The final regulations also provide that taxpayers will be given an opportunity to demonstrate they are eligible for a collection alternative in order to obtain a face-to-face conference to discuss the alternative. Taxpayers will also be given an opportunity to become eligible for a collection alternative in order to obtain a face-to-face conference. For example, under the final regulations, if a taxpayer appears to have failed to file all required returns (and thus appears not to be eligible for an offer to compromise or an installment agreement), the taxpayer will be given an opportunity to demonstrate the inapplicability of the filing requirements or to file delinquent returns, in order to obtain a face-to-face conference. The final regulations further provide that a taxpayer's eligibility for a collection alternative does not include the taxpayer's ability to pay the unpaid tax. The comments expressed concern that the amendment providing a face-to-face conference at an Appeals office other than an office in which all officers or employees had prior involvement could be construed as giving Appeals the discretion to deny a face-to-face conference even if the taxpayer would have been granted a face-to-face conference at the original location. The relevant sentence in A-D8 in the final regulations has been rewritten to make clear that Appeals does not have discretion to deny a face-to-face conference at an alternate location if the taxpayer would have been granted a face-to-face conference but for the disqualification of the Appeals employees at the original location. The comments suggested that the regulations permit face-to-face conferences to be held not only at the Appeals office closest to the taxpayer's residence or, for a business taxpayer, the taxpayer's principal place of business, but also at the Appeals office closest to the taxpayer's school or place of employment, the authorized representative's place of business, or some other location convenient to the taxpayer or the taxpayer's representative. The IRS and Treasury Department believe the rules for CDP hearings should be consistent with the treatment of other proceedings in Appeals. The long-standing practice of Appeals in cases not docketed in the Tax Court is to grant face-to-face conferences in the Appeals office closest to the taxpayer's residence or principal place of business. The practice is retained in the final regulations. Appeals will, however, attempt to accommodate reasonable requests to hold the face-to-face conference at an Appeals office more convenient to the taxpayer. The comments expressed concern that the definition of prior involvement under section 6320(b)(3) or 6330(b)(3) in the proposed regulations could be construed too narrowly in two ways. First, the definition of prior involvement as involvement in a prior hearing or proceeding could be read to exclude involvement in some informal settings, e.g., the Appeals officer's participation in a mediation session. In order to clarify that no such limitation is intended, the final regulations substitute matter for hearing or proceeding in A-D4 of paragraph (d)(2). Second, defining prior involvement to exist when the Appeals officer previously considered the same tax liability could be construed as excluding from the definition instances in which the Appeals officer previously considered questions bearing only on collection issues. The final regulations adopt the suggestion in the comments to remove the word liability in A-D4 in order to eliminate the potential interpretation that there is a distinction between liability and collection issues in determining prior involvement. The comments also requested that a mediation example be added to paragraph (d)(3). The IRS and the Treasury Department believe that the change made to A-D4 adequately clarifies the definition of prior involvement. This example and others will be added to the Internal Revenue Manual to ensure the proper administration of sections 6320(b)(3) and 6330(b)(3). The comments recommended that the regulations address the treatment of *ex parte* communications during CDP hearings. The rules applicable to *ex parte* communications during CDP hearings and other Appeals proceedings are provided in Rev. Proc. 2000-43, 2000-43 I.R.B. 404. Therefore, these rules are not duplicated in the regulations under sections 6320 and 6330. The comments recommended that the regulations be amended to provide that self-reported tax liabilities may be disputed in a CDP hearing. The final regulations adopt this recommendation. See also *Montgomery* v. *Commissioner* , 122 T.C. 1 (2004), *acq.* 2005-51 I.R.B. 1152. The comments also requested changes in the existing regulations' interpretation of preclusive events under section 6330(c)(2)(B). Under section 6330(c)(2)(B), during a CDP hearing, a taxpayer may challenge the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. According to the comments, the only opportunity to dispute the tax liability that is sufficient to prevent the taxpayer from challenging the liability in a CDP hearing is the prior opportunity to dispute the liability in a judicial forum. The IRS and the Treasury Department believe that the existing regulations correctly include an opportunity for an Appeals conference as a preclusive prior opportunity. The text of section 6330(c)(2)(B) does not contain language limiting prior opportunities to judicial proceedings. Moreover, it is consistent for a taxpayer who has had an opportunity to obtain a determination of liability by Appeals in one administrative hearing to be precluded from obtaining an Appeals determination in a subsequent CDP administrative hearing with respect to the same liability. This interpretation of section 6330(c)(2)(B) has been upheld by the courts. See, e.g., *Pelliccio* v. *United States* , 253 F. Supp. 2d 258, 261-62 (D. Conn. 2003). Accordingly, the final regulations do not adopt this suggestion. Alternatively, the comments recommended that the regulations specify that a pre-CDP Appeals conference is not a prior opportunity to dispute liability under section 6330(c)(2)(B) if the receipt of the conference was conditioned upon the taxpayer's agreement to extend the assessment statute of limitations with respect to the liability and the taxpayer declined to extend the statute. The IRS and Treasury Department believe this addition is unnecessary. For taxes subject to deficiency procedures, the relevant, pre-assessment “prior opportunity” is the receipt of the notice of deficiency. The offer of an Appeals conference prior to receipt of the notice of deficiency does not constitute an opportunity to dispute the liability under section 6330(c)(2)(B). This interpretation of section 6330(c)(2)(B) has been added to paragraph (e)(3) A-E2 to remove any uncertainty about this matter. For liabilities not subject to deficiency procedures, the offer of an Appeals conference prior to assessment constitutes an opportunity to dispute the liability under section 6330(c)(2)(B). Appeals conferences to consider these types of liabilities are rarely conditioned upon an extension of the assessment statute of limitations. The IRS generally makes conditional offers of a conference only when a taxpayer makes an untimely request for review of a proposed Trust Fund Recovery Penalty pursuant to a Letter 1153 and less than one year remains on the assessment statute of limitations. In this circumstance, however, the opportunity for an Appeals conference offered in the Letter 1153 constitutes the opportunity to dispute the liability under section 6330(c)(2)(B). The conditional offer made after the expiration of the prior opportunity provided in the Letter 1153 is irrelevant. For these reasons, the final regulations do not adopt this comment. The comments objected to the addition of a definition of administrative record to the regulations as an attempt to overrule the Tax Court's decision in *Robinette* v. *Commissioner,* 123 T.C. 85 (2004), *rev'd,* 439 F.3d 455 (8th Cir. 2006). The assumption that *Robinette* eliminated any role for an administrative record in CDP court proceedings is not supported by the Court's opinion. While the Tax Court held in *Robinette* that it was not required to limit its abuse-of-discretion review to the administrative record, it did not reject the utility of an administrative record. Subsequent to the submission of the comments, the United States Court of Appeals for the Eighth Circuit reversed the Tax Court and held that abuse-of-discretion review in CDP cases is limited to the administrative record. *Robinette* v. *Commissioner,* 439 F.3d 455 (8th Cir. 2006). For these reasons, it is important that taxpayers and the IRS have a common understanding of the scope of the administrative record. The definition is retained in the final regulations. The comments suggested that the proposed definition of the administrative record permits Appeals officers and employees to exclude from the record for judicial review issues, arguments, and evidence presented orally by the taxpayer, and to exclude written communications and documents. The administrative record definition is not intended to suggest that the reviewing court is not permitted to determine the contents of the administrative record or the record's adequacy in an individual case. The reviewing court has the authority to receive evidence concerning what happened during the CDP hearing. The definition is provided to establish for the benefit of the IRS and taxpayers a baseline description of what each administrative record should contain to ensure a record sufficient for judicial review. The final regulations have not been changed in this regard. The final regulations, however, adopt the suggestion that the description of the case file in A-D7 and in the definition of administrative record in A-F6 of the proposed regulations (redesignated as A-F4 in the final regulations) be made consistent. The comments recommended that the final regulations require each Appeals officer to include in the notice of determination a list of the documents the Appeals officer believes are included in the administrative record. The justification for this proposed requirement is that the list would assist the taxpayer in deciding whether to seek judicial review. The list of documents, according to the comments, will also assist the court and taxpayers seeking review to more efficiently ascertain whether there was an abuse of discretion. The final regulations do not adopt this recommendation. Requiring Appeals officers to prepare a list of documents constituting the administrative record in each of the thousands of cases handled each year would impose a heavy burden on Appeals without a commensurate benefit to taxpayers. The notice of determination issued in each case describes the facts and reasons supporting the Appeals officer's determination and should provide an adequate basis for the taxpayer's decision whether to seek judicial review. The IRS and the Treasury Department acknowledge that disputes have arisen with respect to the contents of the administrative record in CDP cases and that there are no special rules in place to resolve these disputes. An appropriate solution could involve the Tax Court's development of rules governing the preparation and submission of the administrative record for abuse-of-discretion review, particularly now that the recently-enacted Pension Protection Act of 2006 requires all CDP cases to be litigated in the Tax Court. The comments suggested removal of the limitation in the existing regulations that a taxpayer is precluded from obtaining judicial review of an issue not raised with Appeals during the CDP hearing. As an alternative, the comments recommended that a taxpayer only be prevented from raising those issues the taxpayer could have, but failed to raise during the CDP hearing. The limitation in the existing regulations implements a basic principle of administrative law that those seeking review of an issue must first give the agency the opportunity to evaluate and respond to the issue. This limitation has been upheld in the courts. See *Robinette* v. *Commissioner,* 123 T.C. 85, 101-102 (2004), *rev'd on other grounds,* 439 F.3d 455 (8th Cir. 2006); *Magana* v. *Commissioner,* 118 T.C. 488, 493 (2002); *Abu-Awad* v. *United States,* 294 F. Supp. 2d 879, 889 (S.D. Tex. 2003). Accordingly, the final regulations do not adopt either of these recommendations. The comments recommended that if the limitation on the taxpayer's ability to raise new issues during judicial review is retained, then the amendment to A-F5 (redesignated as A-F3 in the final regulations) should clarify that a taxpayer need not provide the evidence specified by Appeals with respect to an issue in order to present “any evidence” necessary to properly raise the issue. The IRS and the Treasury Department believe this change is unnecessary. The revision to A-F5 (redesignated as A-F3) does not suggest that the “any evidence” needed to avoid preclusion must be the evidence specified by Appeals. The revised language simply requires that the taxpayer submit some evidentiary support. This suggestion is not adopted in the final regulations. The comments also suggested adding that a taxpayer need not provide any evidence to avoid preclusion if the case file already contains evidence with respect to that issue. This addition is not necessary. If the case file contains all the information needed for a decision on an issue, an Appeals officer will not request any additional evidence and the revised language in A-F5 (redesignated as A-F3 in the final regulations) will not apply. In the unlikely event that an Appeals officer making a determination on an issue requested information already in the file, a reviewing court should find the taxpayer's failure to provide any evidence does not prevent the issue from being raised. The final regulations do not adopt this recommendation. The comments urged that the regulations make clear that the authority of Appeals officers to determine the validity, sufficiency and timeliness of a CDP notice does not alter or limit the authority of the reviewing court to make the same determination. The IRS and the Treasury Department believe this clarification is unnecessary. It is well-settled that reviewing courts have the authority to determine the validity, sufficiency and timeliness of a CDP notice. See, e.g., *Kennedy* v. *Commissioner,* 116 T.C. 255 (2001). This clarification is not adopted in the final regulations. The comments recommended that administrative rules similar to those developed under section 6015 be added to the regulations. The regulations state that a spousal defense raised under section 66 or 6015 is governed by section 66 or 6015 and the regulations and procedures thereunder. See Treas. Reg. § 301.6330-1(e)(2). To the extent it is determined that further guidance is necessary, such guidance will be in the form of additions to the Internal Revenue Manual. The final regulations do not adopt this recommendation. The final regulations include amendments to the existing regulations to remove references to judicial review by United States district courts. The Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780, section 855 amended section 6330(d) to eliminate the jurisdiction of the district courts to review notices of determination, leaving the Tax Court with sole jurisdiction. For this reason, Q&A-F3 and Q&A-F4 in the existing regulations are removed by the final regulations and Q&A-F5 and Q&A-F6 in the proposed regulations are redesignated as Q&A-F3 and Q&A-F4 in the final regulations. In addition, only the Tax Court is now mentioned in A-E11, paragraph (f)(1), A-F1, redesignated Q&A-F3 and Q&A-F4, *Example 1* of paragraph (g)(3), Q&A-H2 and redesignated Q-I6. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. In particular, the IRS and the Treasury Department find for good cause that a notice of proposed rulemaking and solicitation of public comments are unnecessary to amend the existing regulations to implement the modification of section 6330(d) by the Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780. These amendments are made solely to conform the regulations to the statutory change enacted by Congress. The amendments do not involve any exercise of discretion or interpretation by the IRS or Treasury Department and the removal of United States district court jurisdiction would become effective even if the amendments were not made. Accordingly, the notice and public comment procedures do not apply. Because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, the proposed regulations were submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is Laurence K. Williams, Office of Associate Chief Counsel, Procedure and Administration (Collection, Bankruptcy and Summonses Division). List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: PART 301—PROCEDURE AND ADMINISTRATION **Paragraph 1.** The authority citation for part 301 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 301.6330-1 is amended as follows: 1. Paragraph (c)(2) A-C1, Q&A-C6 and A-C7 are revised. 2. Paragraph (d)(2) A-D4 and A-D7 are revised. 3. Paragraph (d)(2) Q&A-D8 is added. 4. Paragraph (d)(3) is added. 5. Paragraph (e)(1) is revised. 6. Paragraph (e)(3) A-E2, A-E6, A-E7 and A-E11 are revised. 7. Paragraph (f)(1) is revised. 8. Paragraph (f)(2) A-F1 is revised. 9. Paragraph (f)(2) Q&A-F3 is removed. 10. Paragraph (f)(2) Q&A-F5 is revised and redesignated Q&A-F3. 11. Paragraph (f)(2) Q&A-F4 is revised. 12. Paragraph (g)(3) *Example 1* is revised. 13. Paragraph (h)(2) Q&A-H2 is revised. 14. Paragraph (i)(2) Q-I5 is redesignated Q-I6 and revised. 15. Paragraph (i)(2) A-I5 is redesignated A-I6 16. Paragraph (i)(2) Q&A-I1 through Q&A-I4 are redesignated Q&A-I2 through Q&A-I5. 17. Paragraph (i)(2) Q&A-I1 and Q&A-I7 through Q&A-I11 are added. 18. Paragraph

(j)is revised. § 301.6330-1 Notice and opportunity for hearing prior to levy.

(c)* * *

(2)* * * A-C1.

(i)The taxpayer must make a request in writing for a CDP hearing. The request for a CDP hearing shall include the information and signature specified in A-C1(ii) of this paragraph (c)(2). See A-D7 and A-D8 of paragraph (d)(2).

(ii)The written request for a CDP hearing must be dated and must include the following:

(A)The taxpayer's name, address, daytime telephone number (if any), and taxpayer identification number (e.g., SSN, ITIN or EIN).

(B)The type of tax involved.

(C)The tax period at issue.

(D)A statement that the taxpayer requests a hearing with Appeals concerning the proposed levy.

(E)The reason or reasons why the taxpayer disagrees with the proposed levy.

(F)The signature of the taxpayer or the taxpayer's authorized representative.

(iii)If the IRS receives a timely written request for CDP hearing that does not satisfy the requirements set forth in A-C1(ii) of this paragraph (c)(2), the IRS will make a reasonable attempt to contact the taxpayer and request that the taxpayer comply with the unsatisfied requirements. The taxpayer must perfect any timely written request for a CDP hearing that does not satisfy the requirements set forth in A-C1(ii) of this paragraph (c)(2) within a reasonable period of time after a request from the IRS.

(iv)Taxpayers are encouraged to use Form 12153, “Request for a Collection Due Process Hearing,” in requesting a CDP hearing so that the request can be readily identified and forwarded to Appeals. Taxpayers may obtain a copy of Form 12153 by contacting the IRS office that issued the CDP Notice, by downloading a copy from the IRS Internet site, *http://www.irs.gov/pub/irs-pdf/f12153.pdf,* or by calling, toll-free, 1-800-829-3676.

(v)The taxpayer must affirm any timely written request for a CDP hearing which is signed or alleged to have been signed on the taxpayer's behalf by the taxpayer's spouse or other unauthorized representative by filing, within a reasonable period of time after a request from the IRS, a signed, written affirmation that the request was originally submitted on the taxpayer's behalf. If the affirmation is filed within a reasonable period of time after a request, the timely CDP hearing request will be considered timely with respect to the non-signing taxpayer. If the affirmation is not filed within a reasonable period of time after a request, the CDP hearing request will be denied with respect to the non-signing taxpayer. Q-C6. Where must the written request for a CDP hearing be sent? A-C6. The written request for a CDP hearing must be sent, or hand delivered (if permitted), to the IRS office and address as directed on the CDP Notice. If the address of that office does not appear on the CDP Notice, the taxpayer should obtain the address of the office to which the written request should be sent or hand delivered by calling, toll-free, 1-800-829-1040 and providing the taxpayer's identification number (e.g., SSN, ITIN or EIN). A-C7. If the taxpayer does not request a CDP hearing in writing within the 30-day period that commences on the day after the date of the CDP Notice, the taxpayer foregoes the right to a CDP hearing under section 6330 with respect to the unpaid tax and tax periods shown on the CDP Notice. A written request submitted within the 30-day period that does not satisfy the requirements set forth in A-C1(ii)(A), (B), (C),

(D)or

(F)of this paragraph (c)(2) is considered timely if the request is perfected within a reasonable period of time pursuant to A-C1(iii) of this paragraph (c)(2). If the request for CDP hearing is untimely, either because the request was not submitted within the 30-day period or not perfected within the reasonable period provided, the taxpayer will be notified of the untimeliness of the request and offered an equivalent hearing. In such cases, the taxpayer may obtain an equivalent hearing without submitting an additional request. See paragraph

(i)of this section.

(d)* * *

(2)* * * A-D4. Prior involvement by an Appeals officer or employee includes participation or involvement in a matter (other than a CDP hearing held under either section 6320 or section 6330) that the taxpayer may have had with respect to the tax and tax period shown on the CDP Notice. Prior involvement exists only when the taxpayer, the tax and the tax period at issue in the CDP hearing also were at issue in the prior non-CDP matter, and the Appeals officer or employee actually participated in the prior matter. A-D7. Except as provided in A-D8 of this paragraph (d)(2), a taxpayer who presents in the CDP hearing request relevant, non-frivolous reasons for disagreement with the proposed levy will ordinarily be offered an opportunity for a face-to-face conference at the Appeals office closest to taxpayer's residence. A business taxpayer will ordinarily be offered an opportunity for a face-to-face conference at the Appeals office closest to the taxpayer's principal place of business. If that is not satisfactory to the taxpayer, the taxpayer will be given an opportunity for a hearing by telephone or by correspondence. In all cases, the Appeals officer or employee will review the case file, as described in A-F4 of paragraph (f)(2). If no face-to-face or telephonic conference is held, or other oral communication takes place, review of the documents in the case file, as described in A-F4 of paragraph (f)(2), will constitute the CDP hearing for purposes of section 6330(b). Q-D8. In what circumstances will a face-to-face CDP conference not be granted? A-D8. A taxpayer is not entitled to a face-to-face CDP conference at a location other than as provided in A-D7 of this paragraph (d)(2) and this A-D8. If all Appeals officers or employees at the location provided for in A-D7 of this paragraph (d)(2) have had prior involvement with the taxpayer as provided in A-D4 of this paragraph (d)(2), the taxpayer will not be offered a face-to-face conference at that location, unless the taxpayer elects to waive the requirement of section 6330(b)(3). The taxpayer will be offered a face-to-face conference at another Appeals office if Appeals would have offered the taxpayer a face-to-face conference at the location provided in A-D7 of this paragraph (d)(2), but for the disqualification of all Appeals officers or employees at that location. A face-to-face CDP conference concerning a taxpayer's underlying liability will not be granted if the request for a hearing or other taxpayer communication indicates that the taxpayer wishes only to raise irrelevant or frivolous issues concerning that liability. A face-to-face CDP conference concerning a collection alternative, such as an installment agreement or an offer to compromise liability, will not be granted unless other taxpayers would be eligible for the alternative in similar circumstances. For example, because the IRS does not consider offers to compromise from taxpayers who have not filed required returns or have not made certain required deposits of tax, as set forth in Form 656, “Offer in Compromise,” no face-to-face conference will be granted to a taxpayer who wishes to make an offer to compromise but has not fulfilled those obligations. Appeals in its discretion, however, may grant a face-to- face conference if Appeals determines that a face-to-face conference is appropriate to explain to the taxpayer the requirements for becoming eligible for a collection alternative. In all cases, a taxpayer will be given an opportunity to demonstrate eligibility for a collection alternative and to become eligible for a collection alternative, in order to obtain a face-to-face conference. For purposes of determining whether a face-to-face conference will be granted, the determination of a taxpayer's eligibility for a collection alternative is made without regard to the taxpayer's ability to pay the unpaid tax. A face-to-face conference need not be granted if the taxpayer does not provide the required information set forth in A-C1(ii)(E) of paragraph (c)(2). See also A-C1(iii) of paragraph (c)(2).

(3)*Examples.* The following examples illustrate the principles of this paragraph (d): Example 1. Individual A timely requests a CDP hearing concerning a proposed levy for the 1998 income tax liability assessed against individual A. Appeals employee B previously conducted a CDP hearing regarding a NFTL filed with respect to individual A's 1998 income tax liability. Because employee B's only prior involvement with individual A's 1998 income tax liability was in connection with a section 6320 CDP hearing, employee B may conduct the CDP hearing under section 6330 involving the proposed levy for the 1998 income tax liability. Example 2. Individual C timely requests a CDP hearing concerning a proposed levy for the 1998 income tax liability assessed against individual C. Appeals employee D previously conducted a Collection Appeals Program

(CAP)hearing regarding a NFTL filed with respect to individual C's 1998 income tax liability. Because employee D's prior involvement with individual C's 1998 income tax liability was in connection with a non-CDP hearing, employee D may not conduct the CDP hearing under section 6330 unless individual C waives the requirement that the hearing will be conducted by an Appeals officer or employee who has had no prior involvement with respect to individual C's 1998 income tax liability. Example 3. Same facts as in *Example 2* , except that the prior CAP hearing only involved individual C's 1997 income tax liability and employment tax liabilities for 1998 reported on Form 941, “Employer's Quarterly Federal Tax Return.” Employee D would not be considered to have prior involvement because the prior CAP hearing in which she participated did not involve individual C's 1998 income tax liability. *Example 4.* Appeals employee F is assigned to a CDP hearing concerning a proposed levy for a trust fund recovery penalty

(TFRP)assessed pursuant to section 6672 against individual E. Appeals employee F participated in a prior CAP hearing involving individual E's 1999 income tax liability, and participated in a CAP hearing involving the employment taxes of business entity X, which incurred the employment tax liability to which the TFRP assessed against individual E relates. Appeals employee F would not be considered to have prior involvement because the prior CAP hearings in which he participated did not directly involve the TFRP assessed against individual E. *Example 5.* Appeals employee G is assigned to a CDP hearing concerning a proposed levy for a TFRP assessed pursuant to section 6672 against individual H. In preparing for the CDP hearing, Appeals employee G reviews the Appeals case file concerning the prior CAP hearing involving the TFRP assessed pursuant to section 6672 against individual H. Appeals employee G is not deemed to have participated in the previous CAP hearing involving the TFRP assessed against individual H by such review.

(e)*Matters considered at CDP hearing* —(1) *In general.* Appeals will determine the timeliness of any request for a CDP hearing that is made by a taxpayer. Appeals has the authority to determine the validity, sufficiency, and timeliness of any CDP Notice given by the IRS and of any request for a CDP hearing that is made by a taxpayer. Prior to issuance of a determination, Appeals is required to obtain verification from the IRS office collecting the tax that the requirements of any applicable law or administrative procedure with respect to the proposed levy have been met. The taxpayer may raise any relevant issue relating to the unpaid tax at the hearing, including appropriate spousal defenses, challenges to the appropriateness of the proposed levy, and offers of collection alternatives. The taxpayer also may raise challenges to the existence or amount of the underlying liability, including a liability reported on a self-filed return, for any tax period specified on the CDP Notice if the taxpayer did not receive a statutory notice of deficiency for that tax liability or did not otherwise have an opportunity to dispute the tax liability. Finally, the taxpayer may not raise an issue that was raised and considered at a previous CDP hearing under section 6320 or in any other previous administrative or judicial proceeding if the taxpayer participated meaningfully in such hearing or proceeding. Taxpayers will be expected to provide all relevant information requested by Appeals, including financial statements, for its consideration of the facts and issues involved in the hearing.

(3)* * * A-E2. A taxpayer is entitled to challenge the existence or amount of the underlying liability for any tax period specified on the CDP Notice if the taxpayer did not receive a statutory notice of deficiency for such liability or did not otherwise have an opportunity to dispute such liability. Receipt of a statutory notice of deficiency for this purpose means receipt in time to petition the Tax Court for a redetermination of the deficiency determined in the notice of deficiency. An opportunity to dispute the underlying liability includes a prior opportunity for a conference with Appeals that was offered either before or after the assessment of the liability. An opportunity for a conference with Appeals prior to the assessment of a tax subject to deficiency procedures is not a prior opportunity for this purpose. A-E6. Collection alternatives include, for example, a proposal to withhold the proposed levy or future collection action in circumstances that will facilitate the collection of the tax liability, an installment agreement, an offer to compromise, the posting of a bond, or the substitution of other assets. A collection alternative is not available unless the alternative would be available to other taxpayers in similar circumstances. See A-D8 of paragraph (d)(2). A-E7. The taxpayer may raise appropriate spousal defenses, challenges to the appropriateness of the proposed collection action, and offers of collection alternatives. The existence or amount of the underlying liability for any tax period specified in the CDP Notice may be challenged only if the taxpayer did not have a prior opportunity to dispute the tax liability. If the taxpayer previously received a CDP Notice under section 6320 with respect to the same tax and tax period and did not request a CDP hearing with respect to that earlier CDP Notice, the taxpayer had a prior opportunity to dispute the existence or amount of the underlying tax liability. A-E11. No. An Appeals officer may consider the existence and amount of the underlying tax liability as a part of the CDP hearing only if the taxpayer did not receive a statutory notice of deficiency for the tax liability in question or otherwise have a prior opportunity to dispute the tax liability. Similarly, an Appeals officer may not consider any other issue if the issue was raised and considered at a previous hearing under section 6320 or in any other previous administrative or judicial proceeding in which the person seeking to raise the issue meaningfully participated. In the Appeals officer's sole discretion, however, the Appeals officer may consider the existence or amount of the underlying tax liability, or such other precluded issues, at the same time as the CDP hearing. Any determination, however, made by the Appeals officer with respect to such a precluded issue shall not be treated as part of the Notice of Determination issued by the Appeals officer and will not be subject to any judicial review. Because any decisions made by the Appeals officer on such precluded issues are not properly a part of the CDP hearing, such decisions are not required to appear in the Notice of Determination issued following the hearing. Even if a decision concerning such precluded issues is referred to in the Notice of Determination, it is not reviewable by the Tax Court because the precluded issue is not properly part of the CDP hearing.

(f)*Judicial review of Notice of Determination* —(1) *In general* . Unless the taxpayer provides the IRS a written withdrawal of the request that Appeals conduct a CDP hearing, Appeals is required to issue a Notice of Determination in all cases where a taxpayer has timely requested a CDP hearing. The taxpayer may appeal such determinations made by Appeals within the 30-day period commencing the day after the date of the Notice of Determination to the Tax Court.

(2)* * * A-F1. Subject to the jurisdictional limitations described in A-F2 of this paragraph (f)(2), the taxpayer must, within the 30-day period commencing the day after the date of the Notice of Determination, appeal the determination by Appeals to the Tax Court. Q-F3. What issue or issues may the taxpayer raise before the Tax Court if the taxpayer disagrees with the Notice of Determination? A-F3. In seeking Tax Court review of a Notice of Determination, the taxpayer can only ask the court to consider an issue, including a challenge to the underlying tax liability, that was properly raised in the taxpayer's CDP hearing. An issue is not properly raised if the taxpayer fails to request consideration of the issue by Appeals, or if consideration is requested but the taxpayer fails to present to Appeals any evidence with respect to that issue after being given a reasonable opportunity to present such evidence. Q-F4. What is the administrative record for purposes of Tax Court review? A-F4. The case file, including the taxpayer's request for hearing, any other written communications and information from the taxpayer or the taxpayer's authorized representative submitted in connection with the CDP hearing, notes made by an Appeals officer or employee of any oral communications with the taxpayer or the taxpayer's authorized representative, memoranda created by the Appeals officer or employee in connection with the CDP hearing, and any other documents or materials relied upon by the Appeals officer or employee in making the determination under section 6330(c)(3), will constitute the record in the Tax Court review of the Notice of Determination issued by Appeals.

(g)* * *

(3)* * * Example 1. The period of limitation under section 6502 with respect to the taxpayer's tax period listed in the CDP Notice will expire on August 1, 1999. The IRS sent a CDP Notice to the taxpayer on April 30, 1999. The taxpayer timely requested a CDP hearing. The IRS received this request on May 15, 1999. Appeals sends the taxpayer its determination on June 15, 1999. The taxpayer timely seeks judicial review of that determination. The period of limitation under section 6502 would be suspended from May 15, 1999, until the determination resulting from that hearing becomes final by expiration of the time for seeking review or reconsideration before the Tax Court, plus 90 days.

(h)* * *

(2)* * * Q-H2. Is a decision of Appeals resulting from a retained jurisdiction hearing appealable to the Tax Court? A-H2. No. As discussed in A-H1, a taxpayer is entitled to only one CDP hearing under section 6330 with respect to the tax and tax period or periods specified in the CDP Notice. Only determinations resulting from CDP hearings are appealable to the Tax Court.

(i)* * *

(2)* * * Q-I1. What must a taxpayer do to obtain an equivalent hearing? A-I1.

(i)A request for an equivalent hearing must be made in writing. A written request in any form that requests an equivalent hearing will be acceptable if it includes the information and signature required in A-I1(ii) of this paragraph (i)(2).

(ii)The request must be dated and must include the following:

(A)The taxpayer's name, address, daytime telephone number (if any), and taxpayer identification number ( *e.g.* , SSN, ITIN or EIN).

(B)The type of tax involved.

(C)The tax period at issue.

(D)A statement that the taxpayer is requesting an equivalent hearing with Appeals concerning the levy.

(E)The reason or reasons why the taxpayer disagrees with the proposed levy.

(F)The signature of the taxpayer or the taxpayer's authorized representative.

(iii)The taxpayer must perfect any timely written request for an equivalent hearing that does not satisfy the requirements set forth in A-I1(ii) of this paragraph (i)(2) within a reasonable period of time after a request from the IRS. If the requirements are not satisfied within a reasonable period of time, the taxpayer's equivalent hearing request will be denied.

(iv)The taxpayer must affirm any timely written request for an equivalent hearing that is signed or alleged to have been signed on the taxpayer's behalf by the taxpayer's spouse or other unauthorized representative, and that otherwise meets the requirements set forth in A-I1(ii) of this paragraph (i)(2), by filing, within a reasonable period of time after a request from the IRS, a signed written affirmation that the request was originally submitted on the taxpayer's behalf. If the affirmation is filed within a reasonable period of time after a request, the timely equivalent hearing request will be considered timely with respect to the non-signing taxpayer. If the affirmation is not filed within a reasonable period of time, the equivalent hearing request will be denied with respect to the non-signing taxpayer. Q-I6. Will a taxpayer be able to obtain Tax Court review of a decision made by Appeals with respect to an equivalent hearing? Q-I7. When must a taxpayer request an equivalent hearing with respect to a CDP Notice issued under section 6330? A-I7. A taxpayer must submit a written request for an equivalent hearing within the one-year period commencing the day after the date of the CDP Notice issued under section 6330. This period is slightly different from the period for submitting a written request for an equivalent hearing with respect to a CDP Notice issued under section 6320. For a CDP Notice issued under section 6320, a taxpayer must submit a written request for an equivalent hearing within the one-year period commencing the day after the end of the five-business-day period following the filing of the NFTL. Q-I8. How will the timeliness of a taxpayer's written request for an equivalent hearing be determined? A-I8. The rules and regulations under section 7502 and section 7503 will apply to determine the timeliness of the taxpayer's request for an equivalent hearing, if properly transmitted and addressed as provided in A-I10 of this paragraph (i)(2). Q-I9. Is the one-year period within which a taxpayer must make a request for an equivalent hearing extended because the taxpayer resides outside the United States? A-I9. No. All taxpayers who want an equivalent hearing must request the hearing within the one-year period commencing the day after the date of the CDP Notice issued under section 6330. Q-I10. Where must the written request for an equivalent hearing be sent? A-I10. The written request for an equivalent hearing must be sent, or hand delivered (if permitted), to the IRS office and address as directed on the CDP Notice. If the address of the issuing office does not appear on the CDP Notice, the taxpayer should obtain the address of the office to which the written request should be sent or hand delivered by calling, toll-free, 1-800-829-1040 and providing the taxpayer's identification number ( *e.g.* , SSN, ITIN or EIN). Q-I11. What will happen if the taxpayer does not request an equivalent hearing in writing within the one-year period commencing the day after the date of the CDP Notice issued under section 6330? A-I11. If the taxpayer does not request an equivalent hearing with Appeals within the one-year period commencing the day after the date of the CDP Notice issued under section 6330, the taxpayer foregoes the right to an equivalent hearing with respect to the unpaid tax and tax periods shown on the CDP Notice. A written request submitted within the one-year period that does not satisfy the requirements set forth in A-I1(ii) of this paragraph (i)(2) is considered timely if the request is perfected within a reasonable period of time pursuant to A-I1(iii) of this paragraph (i)(2). If a request for equivalent hearing is untimely, either because the request was not submitted within the one-year period or not perfected within the reasonable period provided, the equivalent hearing request will be denied. The taxpayer, however, may seek reconsideration by the IRS office collecting the tax, assistance from the National Taxpayer Advocate, or an administrative hearing before Appeals under its Collection Appeals Program or any successor program.

(j)*Effective date.* This section is applicable on or after November 16, 2006 with respect to requests made for CDP hearings or equivalent hearings on or after November 16, 2006. Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved: October 6, 2006. Eric Solomon, Acting Deputy Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E6-17133 Filed 10-16-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9290] RIN 1545-BB96 Miscellaneous Changes to Collection Due Process Procedures Relating to Notice and Opportunity for Hearing Upon Filing of Notice of Federal Tax Lien AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations amending the regulations relating to a taxpayer's right to a hearing under section 6320 of the Internal Revenue Code of 1986 after the filing of a notice of Federal tax lien (NFTL). The final regulations make certain clarifying changes in the way collection due process

(CDP)hearings are held and specify the period during which a taxpayer may request an equivalent hearing. The final regulations affect taxpayers against whose property or rights to property the Internal Revenue Service

(IRS)files a NFTL. DATES: *Effective Date:* These regulations are effective on November 16, 2006. *Applicability Date:* These regulations apply to requests for CDP or equivalent hearings on or after November 16, 2006. FOR FURTHER INFORMATION CONTACT: Laurence K. Williams, 202-622-3600 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to the Regulations on Procedure and Administration (26 CFR part 301) relating to the provision of notice under section 6320 of the Internal Revenue Code to taxpayers of a right to a CDP hearing (CDP Notice) after the IRS files a NFTL. Final regulations (TD 8979) were published on January 18, 2002, in the **Federal Register** (67 FR 2558) (the 2002 final regulations). The 2002 final regulations implemented certain changes made by section 3401 of the Internal Revenue Service Restructuring and Reform Act of 1998 (Pub. L. 105-206, 112 Stat. 685)(RRA 1998), including the addition of section 6320 to the Internal Revenue Code. Section 3401 of RRA 1998 also added section 6330 to the Internal Revenue Code. That statute provides for notice to taxpayers of a right to a hearing before or, in limited cases, after levy. A number of the provisions in section 6330 concerning the conduct and judicial review of a CDP hearing are incorporated by reference in section 6320. On January 18, 2002, final regulations (TD 8980) under section 6330 were published in the **Federal Register** (67 FR 2549) along with the 2002 final regulations under section 6320. On September 16, 2005, the IRS and the Treasury Department published in the **Federal Register** (70 FR 54681) a notice of proposed rulemaking and notice of public hearing (REG-150088-02). The IRS received one set of written comments responding to the notice of proposed rulemaking. Because no one requested to speak at the public hearing, the hearing was cancelled. After considering each of the comments, the proposed regulations are adopted as amended by this Treasury decision. On August 17, 2006, the Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780 (the PPA), was enacted. Section 855 of the PPA amended section 6330(d) of the Internal Revenue Code to withdraw judicial review of CDP notices of determination from United States district court jurisdiction, leaving review solely in the United States Tax Court. Section 6330(d) is made applicable to section 6320 hearings by section 6320(c). The amendment to section 6330(d), effective for notices of determination issued on or after October 17, 2006, requires the removal of references to district court review in the 2002 final regulations. This Treasury decision removes those references. The IRS and the Treasury Department have determined that a notice of proposed rulemaking and solicitation of public comments are not required to amend the regulations to implement the modification to section 6330(d). These amendments are made solely to conform the regulations to a statutory change enacted by Congress. Because the amendments do not involve any exercise of discretion or interpretation, the notice and public comment procedures are unnecessary. The comments and changes to the proposed regulations, and the amendments required by the Congressional modification to section 6330(d), are discussed below. Summary of Comments and Explanation of Changes The comments suggested that the IRS be required to contact taxpayers who timely file an incomplete request for CDP hearing to give them the opportunity to perfect the request within a reasonable time period and further recommended that such contact be in writing and identify the infirmity requiring perfection. The comments also recommended that the final regulations establish a specific time period during which taxpayers may, by right, amend or perfect their previously-filed yet incomplete CDP hearing request. The request, according to the comments, should be considered timely if it is perfected within the applicable time period. Currently, the practice of the IRS is to contact taxpayers whose hearing requests fail to satisfy the requirements specified by the existing regulations and ask these taxpayers to perfect their requests within a specified period of time. The IRS considers requests perfected within the time specified to be timely. The intention of the IRS and the Treasury Department is to incorporate this administrative procedure into the proposed regulations. The final regulations more clearly state that the IRS will make a reasonable attempt to contact taxpayers to give them a reasonable period of time to perfect incomplete requests. However, the timeframe in which to respond to the request, and the method of delivery of the request ( *i.e.* , orally or in writing) are more appropriately addressed in the Internal Revenue Manual. The final regulations make clear that requests perfected within the time period specified by the IRS will be considered timely. The final regulations do not adopt the suggestion to establish a period of time during which a taxpayer is allowed to perfect an incomplete request, without regard to a perfection request from the IRS. The IRS and Treasury Department believe that the procedure incorporated into the final regulations is sufficient to permit taxpayers to ensure their requests are complete. The comments recommended that the IRS Office of Appeals (Appeals) be given the discretion to permit a taxpayer to amend an imperfect hearing request after the period for perfecting the request has expired, if the taxpayer can demonstrate that such amendment furthers an alternative to collection. This change to the regulations is unnecessary because Appeals is already empowered to exercise this discretion. Neither the current regulations nor the proposed amendments limits Appeals from exercising this discretion. Accordingly, the final regulations do not adopt this recommendation. Further clarification, however, will be provided in the Internal Revenue Manual. The comments suggested that where a taxpayer fails to perfect a CDP hearing request until after the time period specified by the IRS, the perfected request should be automatically treated as a request for an equivalent hearing. Treating untimely perfected requests as equivalent hearing requests may unduly prolong the process in cases in which a taxpayer does not want an equivalent hearing. Accordingly, the final regulations do not adopt this suggestion. The final regulations, however, provide that Appeals will determine the timeliness of CDP hearing requests. The final regulations also add to the proposed regulations that taxpayers making an untimely request will be provided the opportunity to have the request for CDP hearing treated as a request for equivalent hearing, without submitting an additional request. The comments requested that the final regulations give taxpayers whose hearing requests might be construed as making a frivolous argument the right to amend their hearing requests to raise relevant, non-frivolous issues. The comments further recommended that all taxpayers be given the right to supplement the hearing request prior to the conference conducted by Appeals. These comments indicate concern that taxpayers may be unable to articulate reasons for disagreeing with the collection action that are satisfactory to Appeals. The reasons for disagreeing with the collection action need not be detailed. To assist taxpayers in articulating reasons, the IRS is revising Form 12153, “Request for a Collection Due Process Hearing,” to add examples of the most common reasons taxpayers give for requesting a hearing, including requests for collection alternatives. In any event, the informal nature of the CDP hearing permits taxpayers and Appeals to discuss collection alternatives and issues not listed in the hearing request if such discussion will help resolve the case. Accordingly, the final regulations do not adopt these recommendations. The comments urged that the final regulations guarantee a face-to-face conference for each taxpayer who presents a relevant, non-frivolous reason for disagreement with the collection action. If this recommendation is not adopted, the comments suggest that the regulations address and provide examples of when a face-to-face conference will not be granted. The final regulations do not adopt the recommendation to guarantee a face-to-face conference for each taxpayer raising a relevant, non-frivolous issue. The IRS and the Treasury Department agree with the comments that a face-to-face conference can be a useful forum for resolving a taxpayer's issues. The final regulations recognize the importance of a face-to-face meeting by providing that taxpayers will ordinarily be offered an opportunity for a face-to-face conference. There will be instances, however, when a face-to-face conference is not practical. The final regulations identify typical situations in which a face-to-face conference will be neither necessary nor productive. Except for these situations, the IRS and the Treasury Department anticipate that Appeals will afford a face-to-face meeting to taxpayers who request one. Nonetheless, unanticipated circumstances may arise in which granting a face-to-face conference will not be appropriate. The final regulations give Appeals the flexibility needed to respond to unanticipated circumstances. Adoption of the comment requesting guidance on when a face-to-face conference will not be granted is unnecessary. The final regulations retain descriptions of situations in which a face-to-face conference will not be granted, as illustrated in the proposed regulations. Further guidance on granting face-to-face conferences will be provided in the Internal Revenue Manual. The comments suggested that a taxpayer who appears to be presenting only frivolous reasons be given an opportunity to provide relevant, non-frivolous reasons in order to obtain a face-to-face conference. Adoption of this recommendation is unnecessary. Correspondence sent by Appeals to taxpayers who make only frivolous arguments invites them to submit relevant, non-frivolous reasons. Appeals offers face-to-face conferences to taxpayers who respond by providing such reasons. The comments also suggested that the regulations define relevant and frivolous. The IRS and the Treasury Department believe that any attempt to define these terms is unnecessary and could result in underinclusive definitions. For example, the comments suggest that a frivolous issue be defined as an issue that is the same or substantially similar to an issue identified as frivolous by the IRS in published guidance. It is not possible to anticipate or keep pace with the evolution of frivolous arguments through published guidance. Instead, taxpayers are advised to consult the lists of examples of frivolous arguments in IRS Publication 2105, “Why Do I Have to Pay Taxes” and on the IRS Web site in a document entitled “The Truth about Frivolous Tax Arguments.” The names and web addresses of these documents, and a toll-free number to order Publication 2105, will be added to the instructions to Form 12153 to help taxpayers avoid making these arguments. The comments recommended clarification of the proposed rule that a face-to-face conference concerning a collection alternative will not be granted unless the alternative would be available to other taxpayers in similar circumstances. According to the comments, a taxpayer should not be denied a face-to-face conference because the requested collection alternative cannot be accepted, for example, because it appears from financial information that the taxpayer can pay the liabilities in full. This proposed rule was not intended to deny a face-to-face conference because the requested collection alternative would not be accepted. The intention of this rule is to permit the denial of a face-to-face conference to discuss a collection alternative for which the taxpayer is not eligible. A lack of eligibility under IRS policy is tied to a taxpayer's compliance with the Federal tax laws, not to the taxpayer's financial circumstances or ability to request the most appropriate alternative. For example, if the taxpayer has not filed all required tax returns, the taxpayer is not eligible for an offer to compromise or an installment agreement. In response to the concerns expressed in the comments, the final regulations amplify the rule that a face-to-face conference to discuss a collection alternative will not be granted unless other taxpayers would be eligible for the alternative in similar circumstances. The final regulations provide in A-D8 that Appeals in its discretion may grant a face-to-face conference if Appeals determines that a face-to-face conference is appropriate to explain to the taxpayer the requirements for becoming eligible for a collection alternative. The final regulations also provide that taxpayers will be given an opportunity to demonstrate they are eligible for a collection alternative in order to obtain a face-to-face conference to discuss the alternative. Taxpayers will also be given an opportunity to become eligible for a collection alternative in order to obtain a face-to-face conference. For example, under the final regulations, if a taxpayer appears to have failed to file all required returns (and thus appears not to be eligible for an offer to compromise or an installment agreement), the taxpayer will be given an opportunity to demonstrate the inapplicability of the filing requirements or to file delinquent returns, in order to obtain a face-to-face conference. The final regulations further provide that a taxpayer's eligibility for a collection alternative does not include the taxpayer's ability to pay the unpaid tax. The comments expressed concern that the amendment providing a face-to-face conference at an Appeals office other than an office in which all officers or employees had prior involvement could be construed as giving Appeals the discretion to deny a face-to-face conference even if the taxpayer would have been granted a face-to-face conference at the original location. The relevant sentence in A-D8 in the final regulations has been rewritten to make clear that Appeals does not have discretion to deny a face-to-face conference at an alternate location if the taxpayer would have been granted a face-to-face conference but for the disqualification of the Appeals employees at the original location. The comments suggested that the regulations permit face-to-face conferences to be held not only at the Appeals office closest to the taxpayer's residence or, for a business taxpayer, the taxpayer's principal place of business, but also at the Appeals office closest to the taxpayer's school or place of employment, the authorized representative's place of business, or some other location convenient to the taxpayer or the taxpayer's representative. The IRS and Treasury Department believe the rules for CDP hearings should be consistent with the treatment of other proceedings in Appeals. The longstanding practice of Appeals in cases not docketed in the Tax Court is to grant face-to-face conferences in the Appeals office closest to the taxpayer's residence or principal place of business. The practice is retained in the final regulations. Appeals will, however, attempt to accommodate reasonable requests to hold the face-to-face conference at an Appeals office more convenient to the taxpayer. The comments expressed concern that the definition of prior involvement under section 6320(b)(3) or 6330(b)(3) in the proposed regulations could be construed too narrowly in two ways. First, the definition of prior involvement as involvement in a prior hearing or proceeding could be read to exclude involvement in some informal settings, *e.g.* , the Appeals officer's participation in a mediation session. In order to clarify that no such limitation is intended, the final regulations substitute matter for hearing or proceeding in A-D4 of paragraph (d)(2). Second, defining prior involvement to exist when the Appeals officer previously considered the same tax liability could be construed as excluding from the definition instances in which the Appeals officer previously considered questions bearing only on collection issues. The final regulations adopt the suggestion in the comments to remove the word liability in A-D4 in order to eliminate the potential interpretation that there is a distinction between liability and collection issues in determining prior involvement. The comments also requested that a mediation example be added to paragraph (d)(3). The IRS and the Treasury Department believe that the change made to A-D4 adequately clarifies the definition of prior involvement. This example and others will be added to the Internal Revenue Manual to ensure the proper administration of sections 6320(b)(3) and 6330(b)(3). The comments recommended that the regulations address the treatment of *ex parte* communications during CDP hearings. The rules applicable to *ex parte* communications during CDP hearings and other Appeals proceedings are provided in Rev. Proc. 2000-43, 2000-43 I.R.B. 404. Therefore, these rules are not duplicated in the regulations under sections 6320 and 6330. The comments recommended that the regulations be amended to provide that self-reported tax liabilities may be disputed in a CDP hearing. The final regulations adopt this recommendation. See also *Montgomery* v. *Commissioner,* 122 T.C. 1 (2004), *acq.* 2005-51 I.R.B. 1152. The comments also requested changes in the existing regulations' interpretation of preclusive events under section 6330(c)(2)(B). Under section 6330(c)(2)(B), during a CDP hearing, a taxpayer may challenge the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. Section 6330(c)(2)(B) is made applicable to section 6320 hearings by section 6320(c). According to the comments, the only opportunity to dispute the tax liability that is sufficient to prevent the taxpayer from challenging the liability in a CDP hearing is the prior opportunity to dispute the liability in a judicial forum. The IRS and the Treasury Department believe that the existing regulations correctly include an opportunity for an Appeals conference as a preclusive prior opportunity. The text of section 6330(c)(2)(B) does not contain language limiting prior opportunities to judicial proceedings. Moreover, it is consistent for a taxpayer who has had an opportunity to obtain a determination of liability by Appeals in one administrative hearing to be precluded from obtaining an Appeals determination in a subsequent CDP administrative hearing with respect to the same liability. This interpretation of section 6330(c)(2)(B) has been upheld by the courts. See, *e.g.* , *Pelliccio* v. *United States,* 253 F. Supp. 2d 258, 261-62 (D. Conn. 2003). Accordingly, the final regulations do not adopt this suggestion. Alternatively, the comments also recommended that the regulations specify that a pre-CDP Appeals conference is not a prior opportunity to dispute liability under section 6330(c)(2)(B) if the receipt of the conference was conditioned upon the taxpayer's agreement to extend the assessment statute of limitations with respect to the liability and the taxpayer declined to extend the statute. The IRS and Treasury Department believe this addition is unnecessary. For taxes subject to deficiency procedures, the relevant, pre-assessment “prior opportunity” is the receipt of the notice of deficiency. The offer of an Appeals conference prior to receipt of the notice of deficiency does not constitute an opportunity to dispute liability under section 6330(c)(2)(B). This interpretation of section 6330(c)(2)(B) has been added to paragraph (e)(3) A-E2 to remove any uncertainty about this matter. For liabilities not subject to deficiency procedures, the offer of an Appeals conference prior to assessment constitutes an opportunity to dispute the liability under section 6330(c)(2)(B). Appeals conferences to consider these types of liabilities are rarely conditioned upon an extension of the assessment statute of limitations. The IRS generally makes conditional offers of a conference only when a taxpayer makes an untimely request for review of a proposed Trust Fund Recovery Penalty pursuant to a Letter 1153 and less than one year remains on the assessment statute of limitations. In this circumstance, however, the opportunity for an Appeals conference offered in the Letter 1153 constitutes the opportunity to dispute the liability under section 6330(c)(2)(B). The conditional offer made after the expiration of the prior opportunity provided in the Letter 1153 is irrelevant. For these reasons, the final regulations do not adopt this comment. The comments objected to the addition of a definition of administrative record to the regulations as an attempt to overrule the Tax Court's decision in *Robinette* v. *Commissioner,* 123 T.C. 85 (2004), *rev'd,* 439 F.3d 455 (8th Cir. 2006). The assumption that *Robinette* eliminated any role for an administrative record in CDP court proceedings is not supported by the Court's opinion. While the Tax Court held in *Robinette* that it was not required to limit its abuse-of-discretion review to the administrative record, it did not reject the utility of an administrative record. Subsequent to the submission of the comments, the United States Court of Appeals for the Eighth Circuit reversed the Tax Court and held that abuse-of-discretion review in CDP cases is limited to the administrative record. *Robinette* v. *Commissioner,* 439 F.3d 455 (8th Cir. 2006). For these reasons, it is important that taxpayers and the IRS have a common understanding of the scope of the administrative record. The definition is retained in the final regulations. The comments suggested that the proposed definition of the administrative record permits Appeals officers and employees to exclude from the record for judicial review issues, arguments, and evidence presented orally by the taxpayer, and to exclude written communications and documents. The administrative record definition is not intended to suggest that the reviewing court is not permitted to determine the contents of the administrative record or the record's adequacy in an individual case. The reviewing court has the authority to receive evidence concerning what happened during the CDP hearing. The definition is provided to establish for the benefit of the IRS and taxpayers a baseline description of what each administrative record should contain to ensure a record sufficient for judicial review. The final regulations have not been changed in this regard. The final regulations, however, adopt the suggestion that the description of the case file in A-D7 and in the definition of administrative record in A-F6 of the proposed regulations (redesignated as A-F4 in the final regulations) be made consistent. The comments recommended that the final regulations require each Appeals officer to include in the notice of determination a list of the documents the Appeals officer believes are included in the administrative record. The justification for this proposed requirement is that the list would assist the taxpayer in deciding whether to seek judicial review. The list of documents, according to the comments, will also assist the court and taxpayers seeking review to more efficiently ascertain whether there was an abuse of discretion. The final regulations do not adopt this recommendation. Requiring Appeals officers to prepare a list of documents constituting the administrative record in each of the thousands of cases handled each year would impose a heavy burden on Appeals without a commensurate benefit to taxpayers. The notice of determination issued in each case describes the facts and reasons supporting the Appeals officer's determination and should provide an adequate basis for the taxpayer's decision whether to seek judicial review. The IRS and the Treasury Department acknowledge that disputes have arisen with respect to the contents of the administrative record in CDP cases and that there are no special rules in place to resolve these disputes. An appropriate solution could involve the Tax Court's development of rules governing the preparation and submission of the administrative record for abuse-of-discretion review, particularly now that the recently-enacted Pension Protection Act of 2006 requires all CDP cases to be litigated in the Tax Court. The comments suggested removal of the limitation in the existing regulations that a taxpayer is precluded from obtaining judicial review of an issue not raised with Appeals during the CDP hearing. As an alternative, the comments recommended that a taxpayer only be prevented from raising those issues the taxpayer could have, but failed to raise during the CDP hearing. The limitation in the existing regulations implements a basic principle of administrative law that those seeking review of an issue must first give the agency the opportunity to evaluate and respond to the issue. This limitation has been upheld in the courts. See *Robinette* v. *Commissioner,* 123 T.C. 85, 101-102 (2004), *rev'd on other grounds,* 439 F.3d 455 (8th Cir. 2006); *Magana* v. *Commissioner,* 118 T.C. 488, 493 (2002); *Abu-Awad* v. *United States,* 294 F. Supp.2d 879, 889 (S.D. Tex. 2003). Accordingly, the final regulations do not adopt either of these recommendations. The comments recommended that if the limitation on the taxpayer's ability to raise new issues during judicial review is retained, then the amendment to A-F5 (redesignated as A-F3 in the final regulations) should clarify that a taxpayer need not provide the evidence specified by Appeals with respect to an issue in order to present “any evidence” necessary to properly raise the issue. The IRS and the Treasury Department believe this change is unnecessary. The revision to A-F5 (redesignated as A-F3) does not suggest that the “any evidence” needed to avoid preclusion must be the evidence specified by Appeals. The revised language simply requires that the taxpayer submit some evidentiary support. This suggestion is not adopted in the final regulations. The comments also suggested adding that a taxpayer need not provide any evidence to avoid preclusion if the case file already contains evidence with respect to that issue. This addition is not necessary. If the case file contains all the information needed for a decision on an issue, an Appeals officer will not request any additional evidence and the revised language in A-F5 (redesignated as A-F3 in the final regulations) will not apply. In the unlikely event that an Appeals officer making a determination on an issue requested information already in the file, a reviewing court should find the taxpayer's failure to provide any evidence does not prevent the issue from being raised. The final regulations do not adopt this recommendation. The comments urged that the regulations make clear that the authority of Appeals officers to determine the validity, sufficiency and timeliness of a CDP notice does not alter or limit the authority of the reviewing court to make the same determination. The IRS and the Treasury Department believe this clarification is unnecessary. It is well-settled that reviewing courts have the authority to determine the validity, sufficiency and timeliness of a CDP notice. See, e.g., *Kennedy* v. *Commissioner,* 116 T.C. 255 (2001). This clarification is not adopted in the final regulations. The comments recommended that administrative rules similar to those developed under section 6015 be added to the regulations. The regulations state that a spousal defense raised under section 66 or 6015 is governed by section 66 or 6015 and the regulations and procedures thereunder. See Treas. Reg. § 301.6320-1(e)(2). To the extent it is determined that further guidance is necessary, such guidance will be in the form of additions to the Internal Revenue Manual. The final regulations do not adopt this recommendation. The final regulations include amendments to the existing regulations to remove references to judicial review by United States district courts. The Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780, section 855 amended section 6330(d) to eliminate the jurisdiction of the district courts to review notices of determination, leaving the Tax Court with sole jurisdiction. Section 6330(d) is made applicable to section 6320 hearings by section 6320(c). To make clear in the regulations that judicial review is available only in the Tax Court, Q&A-F3 and Q&A-F4 in the existing regulations are removed by the final regulations and Q&A-F5 and Q&A-F6 in the proposed regulations are redesignated as Q&A-F3 and Q&A-F4 in the final regulations. In addition, only the Tax Court is now mentioned in A-E11, paragraph (f)(1), A-F1, redesignated Q&A-F3 and Q&A-F4, *Example 1* of paragraph (g)(3), Q&A-H2 and redesignated Q-I6. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. In particular, the IRS and the Treasury Department find for good cause that a notice of proposed rulemaking and solicitation of public comments are unnecessary to amend the existing regulations to implement the modification of section 6330(d) by the Pension Protection Act of 2006, Public Law 109-280, 120 Stat. 780. These amendments are made solely to conform the regulations to the statutory change enacted by Congress. The amendments do not involve any exercise of discretion or interpretation by the IRS or Treasury Department and the removal of United States district court jurisdiction would become effective even if the amendments were not made. Accordingly, the notice and public comment procedures do not apply. Because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, the proposed regulations were submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is Laurence K. Williams, Office of Associate Chief Counsel, Procedure and Administration (Collection, Bankruptcy and Summonses Division). List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: PART 301—PROCEDURE AND ADMINISTRATION **Paragraph 1.** The authority citation for part 301 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 301.6320-1 is amended as follows: 1. Paragraph (c)(2) A-C1, Q&A-C6 and A-C7 are revised. 2. Paragraph (d)(2) A-D4 and A-D7 are revised. 3. Paragraph (d)(2) Q&A-D8 is added. 4. Paragraph (d)(3) is added. 5. Paragraph (e)(1) is revised. 6. Paragraph (e)(3) A-E2, A-E6, A-E7 and A-E11 are revised. 7. Paragraph (f)(1) is revised. 8. Paragraph (f)(2) A-F1 is revised. 9. Paragraph (f)(2) Q&A-F3 is removed. 10. Paragraph (f)(2) Q&A-F5 is revised and redesignated Q&A-F3. 11. Paragraph (f)(2) Q&A-F4 is revised. 12. Paragraph (g)(3) *Example 1* is revised. 13. Paragraph (h)(2) Q&A-H2 is revised. 14. Paragraph (i)(2) Q-I5 is redesignated Q-I6 and revised. 15. Paragraph (i)(2) A-I5 is redesignated A-I6. 16. Paragraph (i)(2) Q&A-I1 through Q&A-I4 are redesignated Q&A-I2 through Q&A-I5. 17. Paragraph (i)(2) Q&A-I1 and Q&A-I7 through Q&A-I11 are added. 18. Paragraph

(j)is revised. § 301.6320-1 Notice and opportunity for hearing upon filing of notice of Federal tax lien.

(c)* * *

(2)* * * A-C1.

(i)The taxpayer must make a request in writing for a CDP hearing. The request for a CDP hearing shall include the information and signature specified in A-C1(ii) of this paragraph (c)(2). See A-D7 and A-D8 of paragraph (d)(2).

(ii)The written request for a CDP hearing must be dated and must include the following:

(A)The taxpayer's name, address, daytime telephone number (if any), and taxpayer identification number (e.g., SSN, ITIN or EIN).

(B)The type of tax involved.

(C)The tax period at issue.

(D)A statement that the taxpayer requests a hearing with Appeals concerning the filing of the NFTL.

(E)The reason or reasons why the taxpayer disagrees with the filing of the NFTL.

(F)The signature of the taxpayer or the taxpayer's authorized representative.

(iii)If the IRS receives a timely written request for CDP hearing that does not satisfy the requirements set forth in A-C1(ii) of this paragraph (c)(2), the IRS will make a reasonable attempt to contact the taxpayer and request that the taxpayer comply with the unsatisfied requirements. The taxpayer must perfect any timely written request for a CDP hearing that does not satisfy the requirements set forth in A-C1(ii) of this paragraph (c)(2) within a reasonable period of time after a request from the IRS.

(iv)Taxpayers are encouraged to use Form 12153, “Request for a Collection Due Process Hearing,” in requesting a CDP hearing so that the request can be readily identified and forwarded to Appeals. Taxpayers may obtain a copy of Form 12153 by contacting the IRS office that issued the CDP Notice, by downloading a copy from the IRS Internet site, *http://www.irs.gov/pub/irs-pdf/f12153.pdf,* or by calling, toll-free, 1-800-829-3676.

(v)The taxpayer must affirm any timely written request for a CDP hearing which is signed or alleged to have been signed on the taxpayer's behalf by the taxpayer's spouse or other unauthorized representative by filing, within a reasonable period of time after a request from the IRS, a signed, written affirmation that the request was originally submitted on the taxpayer's behalf. If the affirmation is filed within a reasonable period of time after a request, the timely CDP hearing request will be considered timely with respect to the non-signing taxpayer. If the affirmation is not filed within a reasonable period of time after a request, the CDP hearing request will be denied with respect to the non-signing taxpayer. Q-C6. Where must the written request for a CDP hearing be sent? A-C6. The written request for a CDP hearing must be sent, or hand delivered (if permitted), to the IRS office and address as directed on the CDP Notice. If the address of that office does not appear on the CDP Notice, the taxpayer should obtain the address of the office to which the written request should be sent or hand delivered by calling, toll-free, 1-800-829-1040 and providing the taxpayer's identification number (e.g., SSN, ITIN or EIN). A-C7. If the taxpayer does not request a CDP hearing in writing within the 30-day period that commences on the day after the end of the five-business-day notification period, the taxpayer foregoes the right to a CDP hearing under section 6320 with respect to the unpaid tax and tax periods shown on the CDP Notice. A written request submitted within the 30-day period that does not satisfy the requirements set forth in A-C1(ii)(A), (B), (C),

(D)or

(F)of this paragraph (c)(2) is considered timely if the request is perfected within a reasonable period of time pursuant to A-C1(iii) of this paragraph (c)(2). If the request for CDP hearing is untimely, either because the request was not submitted within the 30-day period or not perfected within the reasonable period provided, the taxpayer will be notified of the untimeliness of the request and offered an equivalent hearing. In such cases, the taxpayer may obtain an equivalent hearing without submitting an additional request. See paragraph

(i)of this section.

(d)* * *

(2)* * * A-D4. Prior involvement by an Appeals officer or employee includes participation or involvement in a matter (other than a CDP hearing held under either section 6320 or section 6330) that the taxpayer may have had with respect to the tax and tax period shown on the CDP Notice. Prior involvement exists only when the taxpayer, the tax and the tax period at issue in the CDP hearing also were at issue in the prior non-CDP matter, and the Appeals officer or employee actually participated in the prior matter. A-D7. Except as provided in A-D8 of this paragraph (d)(2), a taxpayer who presents in the CDP hearing request relevant, non-frivolous reasons for disagreement with the NFTL filing will ordinarily be offered an opportunity for a face-to-face conference at the Appeals office closest to taxpayer's residence. A business taxpayer will ordinarily be offered an opportunity for a face-to-face conference at the Appeals office closest to the taxpayer's principal place of business. If that is not satisfactory to the taxpayer, the taxpayer will be given an opportunity for a hearing by telephone or by correspondence. In all cases, the Appeals officer or employee will review the case file, as described in A-F4 of paragraph (f)(2). If no face-to-face or telephonic conference is held, or other oral communication takes place, review of the documents in the case file, as described in A-F4 of paragraph (f)(2), will constitute the CDP hearing for purposes of section 6320(b). Q-D8. In what circumstances will a face-to-face CDP conference not be granted? A-D8. A taxpayer is not entitled to a face-to-face CDP conference at a location other than as provided in A-D7 of this paragraph (d)(2) and this A-D8. If all Appeals officers or employees at the location provided for in A-D7 of this paragraph (d)(2) have had prior involvement with the taxpayer as provided in A-D4 of this paragraph (d)(2), the taxpayer will not be offered a face-to-face conference at that location, unless the taxpayer elects to waive the requirement of section 6320(b)(3). The taxpayer will be offered a face-to-face conference at another Appeals office if Appeals would have offered the taxpayer a face-to-face conference at the location provided in A-D7 of this paragraph (d)(2), but for the disqualification of all Appeals officers or employees at that location. A face-to-face CDP conference concerning a taxpayer's underlying liability will not be granted if the request for a hearing or other taxpayer communication indicates that the taxpayer wishes only to raise irrelevant or frivolous issues concerning that liability. A face-to-face CDP conference concerning a collection alternative, such as an installment agreement or an offer to compromise liability, will not be granted unless other taxpayers would be eligible for the alternative in similar circumstances. For example, because the IRS does not consider offers to compromise from taxpayers who have not filed required returns or have not made certain required deposits of tax, as set forth in Form 656, “Offer in Compromise,” no face-to-face conference will be granted to a taxpayer who wishes to make an offer to compromise but has not fulfilled those obligations. Appeals in its discretion, however, may grant a face-to-face conference if Appeals determines that a face-to-face conference is appropriate to explain to the taxpayer the requirements for becoming eligible for a collection alternative. In all cases, a taxpayer will be given an opportunity to demonstrate eligibility for a collection alternative and to become eligible for a collection alternative, in order to obtain a face-to-face conference. For purposes of determining whether a face-to-face conference will be granted, the determination of a taxpayer's eligibility for a collection alternative is made without regard to the taxpayer's ability to pay the unpaid tax. A face-to-face conference need not be granted if the taxpayer does not provide the required information set forth in A-C1(ii)(E) of paragraph (c)(2). See also A-C1(iii) of paragraph (c)(2).

(3)*Examples.* The following examples illustrate the principles of this paragraph (d): Example 1. Individual A timely requests a CDP hearing concerning a NFTL filed with respect to the 1998 income tax liability assessed against individual A. Appeals employee B previously conducted a CDP hearing regarding a proposed levy for individual A's 1998 income tax liability. Because employee B's only prior involvement with individual A's 1998 income tax liability was in connection with a section 6330 CDP hearing, employee B may conduct the CDP hearing under section 6320 involving the NFTL filed for the 1998 income tax liability. Example 2. Individual C timely requests a CDP hearing concerning a NFTL filed with respect to the 1998 income tax liability assessed against individual C. Appeals employee D previously conducted a Collection Appeals Program

(CAP)hearing regarding a NFTL filed with respect to individual C's 1998 income tax liability. Because employee D's prior involvement with individual C's 1998 income tax liability was in connection with a non-CDP hearing, employee D may not conduct the CDP hearing under section 6320 unless individual C waives the requirement that the hearing will be conducted by an Appeals officer or employee who has had no prior involvement with respect to individual C's 1998 income tax liability. Example 3. Same facts as in *Example 2* , except that the prior CAP hearing only involved individual C's 1997 income tax liability and employment tax liabilities for 1998 reported on Form 941, “Employer's Quarterly Federal Tax Return.” Employee D would not be considered to have prior involvement because the prior CAP hearing in which she participated did not involve individual C's 1998 income tax liability. Example 4. Appeals employee F is assigned to a CDP hearing concerning a NFTL filed with respect to a trust fund recovery penalty

(TFRP)assessed pursuant to section 6672 against individual E. Appeals employee F participated in a prior CAP hearing involving individual E's 1999 income tax liability, and participated in a CAP hearing involving the employment taxes of business entity X, which incurred the employment tax liability to which the TFRP assessed against individual E relates. Appeals employee F would not be considered to have prior involvement because the prior CAP hearings in which he participated did not directly involve the TFRP assessed against individual E. Example 5. Appeals employee G is assigned to a CDP hearing concerning a NFTL filed with respect to a TFRP assessed pursuant to section 6672 against individual H. In preparing for the CDP hearing, Appeals employee G reviews the Appeals case file concerning the prior CAP hearing involving the TFRP assessed pursuant to section 6672 against individual H. Appeals employee G is not deemed to have participated in the previous CAP hearing involving the TFRP assessed against individual H by such review.

(e)*Matters considered at CDP hearing* —(1) *In general.* Appeals will determine the timeliness of any request for a CDP hearing that is made by a taxpayer. Appeals has the authority to determine the validity, sufficiency, and timeliness of any CDP Notice given by the IRS and of any request for a CDP hearing that is made by a taxpayer. Prior to issuance of a determination, Appeals is required to obtain verification from the IRS office collecting the tax that the requirements of any applicable law or administrative procedure with respect to the filing of the NFTL have been met. The taxpayer may raise any relevant issue relating to the unpaid tax at the hearing, including appropriate spousal defenses, challenges to the appropriateness of the NFTL filing, and offers of collection alternatives. The taxpayer also may raise challenges to the existence or amount of the underlying liability, including a liability reported on a self-filed return, for any tax period specified on the CDP Notice if the taxpayer did not receive a statutory notice of deficiency for that tax liability or did not otherwise have an opportunity to dispute the tax liability. Finally, the taxpayer may not raise an issue that was raised and considered at a previous CDP hearing under section 6330 or in any other previous administrative or judicial proceeding if the taxpayer participated meaningfully in such hearing or proceeding. Taxpayers will be expected to provide all relevant information requested by Appeals, including financial statements, for its consideration of the facts and issues involved in the hearing.

(3)* * * A-E2. A taxpayer is entitled to challenge the existence or amount of the underlying liability for any tax period specified on the CDP Notice if the taxpayer did not receive a statutory notice of deficiency for such liability or did not otherwise have an opportunity to dispute such liability. Receipt of a statutory notice of deficiency for this purpose means receipt in time to petition the Tax Court for a redetermination of the deficiency determined in the notice of deficiency. An opportunity to dispute the underlying liability includes a prior opportunity for a conference with Appeals that was offered either before or after the assessment of the liability. An opportunity for a conference with Appeals prior to the assessment of a tax subject to deficiency procedures is not a prior opportunity for this purpose. A-E6. Collection alternatives include, for example, a proposal to withdraw the NFTL in circumstances that will facilitate the collection of the tax liability, subordination of the NFTL, discharge of the NFTL from specific property, an installment agreement, an offer to compromise, the posting of a bond, or the substitution of other assets. A collection alternative is not available unless the alternative would be available to other taxpayers in similar circumstances. See A-D8 of paragraph (d)(2). A-E7. The taxpayer may raise appropriate spousal defenses, challenges to the appropriateness of the NFTL filing, and offers of collection alternatives. The existence or amount of the underlying liability for any tax period specified in the CDP Notice may be challenged only if the taxpayer did not have a prior opportunity to dispute the tax liability. If the taxpayer previously received a CDP Notice under section 6330 with respect to the same tax and tax period and did not request a CDP hearing with respect to that earlier CDP Notice, the taxpayer had a prior opportunity to dispute the existence or amount of the underlying tax liability. A-E11. No. An Appeals officer may consider the existence and amount of the underlying tax liability as a part of the CDP hearing only if the taxpayer did not receive a statutory notice of deficiency for the tax liability in question or otherwise have a prior opportunity to dispute the tax liability. Similarly, an Appeals officer may not consider any other issue if the issue was raised and considered at a previous hearing under section 6330 or in any other previous administrative or judicial proceeding in which the person seeking to raise the issue meaningfully participated. In the Appeals officer's sole discretion, however, the Appeals officer may consider the existence or amount of the underlying tax liability, or such other precluded issues, at the same time as the CDP hearing. Any determination, however, made by the Appeals officer with respect to such a precluded issue shall not be treated as part of the Notice of Determination issued by the Appeals officer and will not be subject to any judicial review. Because any decisions made by the Appeals officer on such precluded issues are not properly a part of the CDP hearing, such decisions are not required to appear in the Notice of Determination issued following the hearing. Even if a decision concerning such precluded issues is referred to in the Notice of Determination, it is not reviewable by the Tax Court because the precluded issue is not properly part of the CDP hearing.

(f)*Judicial review of Notice of Determination* —(1) *In general.* Unless the taxpayer provides the IRS a written withdrawal of the request that Appeals conduct a CDP hearing, Appeals is required to issue a Notice of Determination in all cases where a taxpayer has timely requested a CDP hearing. The taxpayer may appeal such determinations made by Appeals within the 30-day period commencing the day after the date of the Notice of Determination to the Tax Court.

(2)* * * A-F1. Subject to the jurisdictional limitations described in A-F2 of this paragraph (f)(2), the taxpayer must, within the 30-day period commencing the day after the date of the Notice of Determination, appeal the determination by Appeals to the Tax Court. Q-F3. What issue or issues may the taxpayer raise before the Tax Court if the taxpayer disagrees with the Notice of Determination? A-F3. In seeking Tax Court review of a Notice of Determination, the taxpayer can only ask the court to consider an issue, including a challenge to the underlying tax liability, that was properly raised in the taxpayer's CDP hearing. An issue is not properly raised if the taxpayer fails to request consideration of the issue by Appeals, or if consideration is requested but the taxpayer fails to present to Appeals any evidence with respect to that issue after being given a reasonable opportunity to present such evidence. Q-F4. What is the administrative record for purposes of Tax Court review? A-F4. The case file, including the taxpayer's request for hearing, any other written communications and information from the taxpayer or the taxpayer's authorized representative submitted in connection with the CDP hearing, notes made by an Appeals officer or employee of any oral communications with the taxpayer or the taxpayer's authorized representative, memoranda created by the Appeals officer or employee in connection with the CDP hearing, and any other documents or materials relied upon by the Appeals officer or employee in making the determination under section 6330(c)(3), will constitute the record in the Tax Court review of the Notice of Determination issued by Appeals.

(g)* * *

(3)* * * Example 1. The period of limitation under section 6502 with respect to the taxpayer's tax period listed in the NFTL will expire on August 1, 1999. The IRS sent a CDP Notice to the taxpayer on April 30, 1999. The taxpayer timely requested a CDP hearing. The IRS received this request on May 15, 1999. Appeals sends the taxpayer its determination on June 15, 1999. The taxpayer timely seeks judicial review of that determination. The period of limitation under section 6502 would be suspended from May 15, 1999, until the determination resulting from that hearing becomes final by expiration of the time for seeking review or reconsideration before the Tax Court, plus 90 days.

(h)* * *

(2)* * * Q-H2. Is a decision of Appeals resulting from a retained jurisdiction hearing appealable to the Tax Court? A-H2. No. As discussed in A-H1, a taxpayer is entitled to only one CDP hearing under section 6320 with respect to the tax and tax period or periods specified in the CDP Notice. Only determinations resulting from CDP hearings are appealable to the Tax Court.

(i)* * *

(2)* * * Q-I1. What must a taxpayer do to obtain an equivalent hearing? A-I1.

(i)A request for an equivalent hearing must be made in writing. A written request in any form that requests an equivalent hearing will be acceptable if it includes the information and signature required in A-I1(ii) of this paragraph (i)(2).

(ii)The request must be dated and must include the following:

(A)The taxpayer's name, address, daytime telephone number (if any), and taxpayer identification number (e.g., SSN, ITIN or EIN).

(B)The type of tax involved.

(C)The tax period at issue.

(D)A statement that the taxpayer is requesting an equivalent hearing with Appeals concerning the filing of the NFTL.

(E)The reason or reasons why the taxpayer disagrees with the filing of the NFTL.

(F)The signature of the taxpayer or the taxpayer's authorized representative.

(iii)The taxpayer must perfect any timely written request for an equivalent hearing that does not satisfy the requirements set forth in A-I1(ii) of this paragraph (i)(2) within a reasonable period of time after a request from the IRS. If the requirements are not satisfied within a reasonable period of time, the taxpayer's equivalent hearing request will be denied.

(iv)The taxpayer must affirm any timely written request for an equivalent hearing that is signed or alleged to have been signed on the taxpayer's behalf by the taxpayer's spouse or other unauthorized representative, and that otherwise meets the requirements set forth in A-I1(ii) of this paragraph (i)(2), by filing, within a reasonable period of time after a request from the IRS, a signed written affirmation that the request was originally submitted on the taxpayer's behalf. If the affirmation is filed within a reasonable period of time after a request, the timely equivalent hearing request will be considered timely with respect to the non-signing taxpayer. If the affirmation is not filed within a reasonable period of time, the equivalent hearing request will be denied with respect to the non-signing taxpayer. Q-I6. Will a taxpayer be able to obtain Tax Court review of a decision made by Appeals with respect to an equivalent hearing? Q-I7. When must a taxpayer request an equivalent hearing with respect to a CDP Notice issued under section 6320? A-I7. A taxpayer must submit a written request for an equivalent hearing within the one-year period commencing the day after the end of the five-business-day period following the filing of the NFTL. This period is slightly different from the period for submitting a written request for an equivalent hearing with respect to a CDP Notice issued under section 6330. For a CDP Notice issued under section 6330, a taxpayer must submit a written request for an equivalent hearing within the one-year period commencing the day after the date of the CDP Notice issued under section 6330. Q-I8. How will the timeliness of a taxpayer's written request for an equivalent hearing be determined? A-I8. The rules and regulations under section 7502 and section 7503 will apply to determine the timeliness of the taxpayer's request for an equivalent hearing, if properly transmitted and addressed as provided in A-I10 of this paragraph (i)(2). Q-I9. Is the one-year period within which a taxpayer must make a request for an equivalent hearing extended because the taxpayer resides outside the United States? A-I9. No. All taxpayers who want an equivalent hearing concerning the filing of the NFTL must request the hearing within the one-year period commencing the day after the end of the five-business-day period following the filing of the NFTL. Q-I10. Where must the written request for an equivalent hearing be sent? A-I10. The written request for an equivalent hearing must be sent, or hand delivered (if permitted), to the IRS office and address as directed on the CDP Notice. If the address of the issuing office does not appear on the CDP Notice, the taxpayer should obtain the address of the office to which the written request should be sent or hand delivered by calling, toll-free, 1-800-829-1040 and providing the taxpayer's identification number (e.g., SSN, ITIN or EIN). Q-I11. What will happen if the taxpayer does not request an equivalent hearing in writing within the one-year period commencing the day after the end of the five-business-day period following the filing of the NFTL? A-I11. If the taxpayer does not request an equivalent hearing with Appeals within the one-year period commencing the day after the end of the five-business-day period following the filing of the NFTL, the taxpayer foregoes the right to an equivalent hearing with respect to the unpaid tax and tax periods shown on the CDP Notice. A written request submitted within the one-year period that does not satisfy the requirements set forth in A-I1(ii) of this paragraph (i)(2) is considered timely if the request is perfected within a reasonable period of time pursuant to A-I1(iii) of this paragraph (i)(2). If a request for equivalent hearing is untimely, either because the request was not submitted within the one-year period or not perfected within the reasonable period provided, the equivalent hearing request will be denied. The taxpayer, however, may seek reconsideration by the IRS office collecting the tax, assistance from the National Taxpayer Advocate, or an administrative hearing before Appeals under its Collection Appeals Program or any successor program.

(j)*Effective date.* This section is applicable on or after November 16, 2006, with respect to requests made for CDP hearings or equivalent hearings on or after November 16, 2006. Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved: October 6, 2006. Eric Solomon, Acting Deputy Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E6-17140 Filed 10-16-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1915 [Docket No. S-051A] RIN 1218-AC16 Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment. AGENCY: Occupational Safety and Health Administration, Department of Labor. ACTION: Direct final rule. SUMMARY: On September 15, 2004, the Occupational Safety and Health Administration

(OSHA)promulgated a new fire protection rule for shipyard employment that incorporated by reference 19 National Fire Protection Association

(NFPA)standards. Ten of those NFPA standards had been updated by NFPA since the fire protection rule was proposed and an additional NFPA standard has been updated since the final rule was published. In this direct final rule, OSHA is replacing the references to those eleven NFPA standards by adding the most recent versions. DATES: This direct final rule will become effective on January 16, 2007 unless significant adverse comment is received by November 16, 2006. If significant adverse comment is received, OSHA will publish a timely withdrawal of this rule. The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 16, 2007. Comments to this direct final rule must be submitted by the following dates: Hard copy: Your comments must be submitted (postmarked or sent) by November 16, 2006. Electronic transmission and facsimile: Your comments must be sent by November 16, 2006. ADDRESSES: You may submit written comments to this direct final rule—identified by docket number S-051A or RIN number 1218-AC16—by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • OSHA Web site: *http://ecomments.osha.gov.* Follow the instructions for submitting comments on OSHA's web page. • Fax: If your written comments are 10 pages or fewer, you may fax them to the OSHA Docket Office at

(202)693-1648. • Regular mail, express delivery, hand delivery, and courier service: Submit three copies to the OSHA Docket Office, Docket No. S-051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone

(202)693-2350. (OSHA's TTY number is

(877)889-5627). OSHA Docket Office hours of operation are 8:15 a.m. to 4:45 p.m., EST. FOR FURTHER INFORMATION: For general information and press inquiries, contact Kevin Ropp, Director, OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:

(202)693-1999. For technical inquiries, contact Jim Maddux, Director, Office of Maritime, Directorate of Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:

(202)693-2086 or fax

(202)693-1663. Copies of this **Federal Register** notice are available from the OSHA Office of Publications, Room N-3101, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:

(202)693-1888. Electronic copies of this **Federal Register** notice, as well as news releases and other relevant documents, are available at OSHA's Web page at *http://www.osha.gov.* For access to the docket to read background documents or comments received, go to *http://dockets.osha.gov.* Contact the OSHA Docket Office for information about materials not available through the OSHA Web page and for assistance in using the Web page to locate docket submissions. SUPPLEMENTARY INFORMATION: Table of Contents I. Request for Comment II. Direct Final Rulemaking III. Discussion of Changes IV. Legal Considerations V. Final Economic Analysis and Regulatory Flexibility Act Certification VI. Paperwork Reduction Act VII. Federalism VIII. State Plan States IX. Unfunded Mandates Reform Act X. List of Subjects for 29 CFR Part 1915 XI. Authority and Signature I. Request for Comment OSHA requests comments on all issues related to this action. OSHA also welcomes comments on the Agency's findings that there are not negative economic or other regulatory impacts of this action on the regulated community. If OSHA receives no significant adverse comment, OSHA will publish a **Federal Register** document confirming the effective date of this direct final rule and withdrawing the companion proposed rule published in the Proposed Rules section of today's **Federal Register** . Such confirmation may include minor stylistic or technical changes to the document. Comments received will be posted without change to *http://dockets.osha.gov,* including any personal information provided. OSHA cautions you about submitting personal information such as social security numbers and birth dates. II. Direct Final Rulemaking In direct final rulemaking, an agency publishes a final rule in the **Federal Register** with a statement that the rule will go into effect unless a significant adverse comment is received within a specified period of time. An identical proposed rule is often published at the same time. If no significant adverse comments are submitted, the rule goes into effect. If any significant adverse comments are received, the agency withdraws the direct final rule and treats the comments as responses to the proposed rule. Direct final rulemaking is used where an agency anticipates that a rule will not be controversial. Examples include minor substantive changes to regulations updating incorporated references to the latest edition of national consensus standards, and direct incorporations of mandates from new legislation. For purposes of this direct final rulemaking, a significant adverse comment is one that explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach. In determining whether a comment necessitates withdrawal of the direct final rule, OSHA will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and-comment process. A comment recommending additional changes will not be considered a significant adverse comment unless the comment states why the direct final rule would be ineffective without the addition. If a timely significant adverse comment is received, the Agency will publish a notice of significant adverse comment in the **Federal Register** withdrawing this direct final rule no later than January 16, 2007. OSHA is also publishing today a companion proposed rule, which is identical to this direct final rule. In the event the direct final rule is withdrawn because of significant adverse comment, OSHA intends to proceed with the rulemaking by addressing the comment(s) and publishing a new final rule. If a significant adverse comment is received regarding certain revisions included in this direct final rule, but not others, OSHA may

(1)Finalize those changes that did not receive significant adverse comment, and

(2)conduct further rulemaking under the companion proposed rule for the changes that did receive significant adverse comment. The comment period for the proposed rule runs concurrently with that of the direct final rule. Any comments received under the companion proposed rule will be treated as comments regarding the direct final rule. Likewise, significant adverse comments submitted to the direct final rule will be considered as comments to the companion proposed rule; the Agency will consider such comments in developing a subsequent final rule. OSHA has determined that the subject of this rulemaking is suitable for direct final rulemaking. This direct final rule will enhance OSHA's fire protection in shipyard standard by adding the most current NFPA consensus standards to the OSHA standard. OSHA's changes will benefit the safety of employees by requiring employers to comply with the newer standards, which may be even more protective than the older standards. Furthermore, OSHA's changes will not result in additional compliance costs. OSHA does not anticipate any objections to this direct final rule. III. Discussion of Changes On September 15, 2004, OSHA issued a new fire protection final rule for shipyard employment that incorporated by reference 19 National Fire Protection Association

(NFPA)standards (69 FR 55667). The purpose of this direct final rule is to add ten recently updated NFPA standards to the standard for fire protection in shipyard employment. The 10 NFPA standards are new versions of 11 NFPA standards currently in OSHA's standard. The reason there are only 10 is because the NFPA combined two of its standards, NFPA 11-1998 and NFPA 11A-1999, into the NFPA 11-2002 standard covering foam fire extinguishing systems. This direct final rule replaces the 11 older NFPA standards with the 10 newer NFPA standards. Table I lists the older NFPA standards incorporated by reference in the fire protection in shipyard employment standard, and lists the sections in the standard in which these NFPA standards are referenced. It also lists the latest versions of the NFPA standards to be added to the standard for fire protection in shipyard employment through this direct final rule. Table I Section Paragraph NFPA standards incorporated by reference in 29 CFR part 1915 Latest version of NFPA standard 1915.505 Fire Response (e)(3)(v) NFPA 1981-1997 Standard on Open-Circuit Self-Contained Breathing Apparatus for the Fire Service NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services (Ex. 1-1). 1915.507 Land-side fire protection systems (b)(1), (b)(2) NFPA 10-1998 Standard for Portable Fire Extinguishers NFPA 10-2002 Standard for Portable Fire Extinguishers (Ex. 1-2). (c)(6) NFPA 72-1999 National Fire Alarm Code NFPA 72-2002 National Fire Alarm Code (Ex. 1-3). (b)(2), (d)(1) NFPA 14-2000 Standard for the Installation of Standpipe, Private Hydrant, and Hose Systems NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems (Ex. 1-4). (d)(2) NFPA 13-1999 Standard for the Installation of Sprinkler Systems NFPA 13-2002 Standard for the Installation of Sprinkler Systems (Ex.1-5). NFPA 750-2000 Standard on Water Mist Fire Protection Systems NFPA 750-2003 Standard on Water Mist Fire Protection Systems (Ex. 1-6). (d)(3) NFPA 11-1998 Standard for Low-Expansion Foam NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam (Ex. 1-7). NFPA 11A-1999 Standard for Medium- and High-Expansion Foam Systems (d)(5) NFPA 12A-1997 Standard on Halon 1301 Fire Extinguishing Systems NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems (Ex. 1-8). NFPA 2001-2000 Standard on Clean Agent Fire Extinguishing Systems NFPA 2001-2004 Standard on Clean Agent Fire Extinguishing Systems (Ex. 1-9). NFPA 12-2000 Standard on Carbon Dioxide Extinguishing Systems NFPA 12-2005 Standard on Carbon Dioxide Extinguishing Systems. OSHA has examined the latest versions of the NFPA standards and compared them with the versions currently referenced in the fire protection in shipyard employment standard. OSHA finds that the latest versions are as protective on the whole, and in certain ways more protective, than the earlier versions of the same NFPA standards. The latest versions are also more comprehensive than the earlier versions and reflect recent developments in safety technology, equipment, and testing. The changes to the NFPA standards include: • *Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services* —NFPA 1981-2002 has been revised to add requirements for heads-up displays

(HUD)that provide the user of a self-contained breathing apparatus

(SCBA)with information regarding breathing air supply status, alert the user when the breathing air supply is at 50 percent of full, and, where the HUD is powered by battery power source, warn the user when the HUD only has 2 more hours of battery power. The updated standard also includes new requirements for a Rapid Intervention Company/Crew

(RIC)Universal Air Connection

(UAC)(or RIC UAC) on all new SCBA. The RIC UAC is a standard connection device that allows a rescue breathing air supply to be joined to the SCBA of a victim, fire fighter or other emergency services responder to replenish the breathing air in the SCBA breathing air cylinder when the victim cannot be rapidly moved to a safe atmosphere. (Ex. 1-1). • *Standard for Low-, Medium-, and High-Expansion Foam* —NFPA 11-2005 has been revised to combine the older NFPA 11 low-expansion foam system requirements with the older NFPA 11A medium- and high-expansion foam provisions. (Ex.1-7). • *Standard for Portable Fire Extinguishers* —NFPA 10-2002 has been revised to prohibit “extended wand-type” discharge devices on Class K—fire extinguishers manufactured after 01/01/2002. (Class “K” extinguishers are used for “combustible cooking media” fire hazards in commercial kitchens.) The new version of NFPA 10 allows the use of electronic equipment to monitor the status of portable fire extinguishers an alternative that may be more effective and efficient than manual monitoring (Ex. 1-2). • *National Fire Alarm Code* —NFPA 72-2002 has been updated to revise fire alarm power supply requirements, to improve the survivability of fire alarms from attack by fire, and to improve the “supervising stations” used in larger fire alarm systems. (Ex. 1-3). • *Standard for the Installation of Sprinkler Systems* —NFPA 13-2002 has been updated to add the sprinkler installation requirements found in other NFPA standards, to include criteria for solid shelf storage areas, and to make the standard easier for users to reference. (Ex. 1-5). The remaining NFPA standards have been updated to make minor technical and editorial changes and to improve readability by formatting them into a standard layout. IV. Legal Considerations The purpose of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 *et seq.* , is “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” 29 U.S.C. 651(b). To achieve this goal, Congress authorized the Secretary of Labor to promulgate and enforce occupational safety and health standards. 29 U.S.C. 655(b), 654(b). A safety or health standard is a standard “which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.” 29 U.S.C. 652(8). A standard is reasonably necessary or appropriate within the meaning of section 652(8) if, among other things, a significant risk of material harm exists in the workplace and the proposed standard would substantially reduce or eliminate that workplace risk. This direct final rule, which addresses the hazard of fire in shipyard employment, may enhance the employee protections currently in place through incorporated references to NFPA consensus standards. In its final rule on fire protection in shipyard employment, OSHA discussed injuries and fatalities that may result from fire hazards in shipyards, and the potential for reducing those injuries and deaths through adoption of the final standard (69 FR 55668, 55669, 55699). Because this direct final rule simply updates the NFPA standards incorporated by reference in OSHA's fire protection standard to their most recent versions, it is unnecessary to determine significant risk, or the extent to which the direct final rule would reduce that risk, as would typically be required by *Industrial Union Department, AFL-CIO* v. *American Petroleum Institute,* 448 U.S. 607 (1980). V. Final Economic Analysis and Regulatory Flexibility Act Certification This action is not economically significant within the context of Executive Order 12866, or a “major rule” under the Unfunded Mandates Reform Act or Section 801 of the Small Business Regulatory Enforcement Fairness Act. The rulemaking would impose no additional costs on any private or public sector entity, and does not meet any of the criteria for an economically significant or major rule specified by the Executive Order or relevant statutes. This action simply includes updated references to NFPA standards. The Agency compared the older versions of the NFPA standards with the new versions via side-by-side analyses. Based on our findings, the Agency concludes that incorporating the new versions of the NFPA standards will not impose any additional costs on any private or public sector entity. Furthermore, because the rule imposes no additional costs on employers, OSHA certifies that it would not have a significant impact on a substantial number of small entities. Accordingly, the Agency need not prepare a final regulatory flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). VI. Paperwork Reduction Act This action does not impose new information collection requirements for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30. VII. Federalism OSHA has reviewed this direct final rule in accordance with the Executive Order on Federalism (Executive Order 13132, 64 FR 43255, August 10, 1999), which requires that agencies, to the extent possible, refrain from limiting State policy options, consult with States prior to taking any actions that would restrict State policy options, and take such actions only when there is clear constitutional authority and the presence of a problem of national scope. Executive Order 13132 provides for preemption of State law only if there is a clear congressional intent for the Agency to do so. Any such preemption is to be limited to the extent possible. Section 18 of the OSH Act (29 U.S.C. 651 *et seq.* ) expresses Congress' intent to preempt State laws where OSHA has promulgated occupational safety and health standards. Under the OSH Act, a State can avoid preemption on issues covered by Federal standards only if it submits, and obtains Federal approval of, a plan for the development of such standards and their enforcement (State-Plan State). 29 U.S.C. 667. Occupational safety and health standards developed by such State-Plan States must, among other things, be at least as effective in providing safe and healthful employment and places of employment as the Federal standards. Subject to these requirements, State-Plan States are free to develop and enforce under State law their own requirements for safety and health standards. This direct final rule complies with Executive Order 13132. As Congress has expressed a clear intent for OSHA standards to preempt State job safety and health rules in areas addressed by OSHA standards in States without OSHA-approved State Plans, this rule limits State policy options in the same manner as all OSHA standards. In States with OSHA-approved State Plans, this action does not significantly limit State policy options. VIII. State Plan States The 26 States or U.S. Territories with their own OSHA approved occupational safety and health plans must revise their standards to reflect this final standard or show OSHA why there is no need for action, *e.g.* , because an existing state standard covering this area is already “at least as effective as” the new Federal standard. The state standard must be at least as effective as this final standard, must be applicable to both the private and public (State and local government employees) sectors, and must be completed within six months of the publication date of this final Federal rule. Currently only five States (California, Minnesota, Oregon, Vermont, and Washington) with their own State plans cover private sector onshore maritime activities in whole or in part. Federal OSHA enforces maritime standards offshore in all States and provides onshore coverage of maritime activities in Federal OSHA States, in the five States above, to the extent not covered by them, and in all the other State Plan States: Alaska, Arizona, Connecticut (plan covers only State and local government employees), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Nevada, New Jersey (plan covers only State and local government employees), New Mexico, New York (plan covers only State and local government employees), North Carolina, Puerto Rico, South Carolina, Tennessee, Utah, Virginia, Virgin Islands (plan covers only territorial government employees), and Wyoming. IX. Unfunded Mandates Reform Act This direct final rule has been reviewed in accordance with the Unfunded Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 *et seq.* For the purposes of the UMRA, the Agency certifies that this direct final rule does not impose any Federal mandate that may result in increased expenditures by State, local, or tribal governments, or increased expenditures by the private sector, of more than $100 million in any year. X. List of Subjects for 29 CFR Part 1915 Fire protection, Hazardous substances, Incorporation by reference, Longshore and harbor workers, Occupational safety and health, Reporting and recordkeeping requirements, Shipyards, and Vessels. XI. Authority and Signature This document was prepared under the direction of Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. It is issued pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order 5-2002, and 29 CFR Part 1911. Signed at Washington, DC, this 5th day of October, 2006. Edwin G. Foulke, Jr., Assistant Secretary of Labor. Amendments To Standards OSHA amends Part 1915 of Title 29 of the Code of Federal Regulations as set forth below: 1. The authority citation for Part 1915 continues to read as follows: Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 65008) as applicable; 29 CFR Part 1911. 2. Amend § 1915.5 to revise paragraphs (d)(4)(i),

(vi)through (x), and

(xiii)through (xviii) and by removing paragaraph (d)(4)(xix) to read as follows: § 1915.5 Incorporation by reference.

(d)* * *

(4)* * *

(i)NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, IBR approved for 1915.505(e)(3)(v).

(vi)NFPA 10-2002 Standard for Portable Fire Extinguishers, IBR approved for §§ 1915.507(b)(1) and (b)(2).

(vii)NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems, IBR approved for §§ 1915.507(b)(2) and (d)(1).

(viii)NFPA 72-2002 National Fire Alarm Code, IBR approved for § 1915.507(c)(6).

(ix)NFPA 13-2002 Standard for the Installation of Sprinkler Systems, IBR approved for § 1915.507(d)(2).

(x)NFPA 750-2003 Standard on Water Mist Fire Protection Systems, IBR approved for § 1915.507(d)(2).

(xiii)NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam, IBR approved for § 1915.507(d)(3).

(xiv)NFPA 17-2002, Standard for Dry Chemical Extinguishing Systems, IBR approved for § 1915.507(d)(4).

(xv)NFPA 12-2005, Standard on Carbon Dioxide Extinguishing Systems, IBR approved for § 1915.507(d)(5).

(xvi)NFPA 12A-2004, Standard on Halon 1301 Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5).

(xvii)NFPA 2001-2004, Standard on Clean Agent Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5). (xviii) NFPA 1403-2002, Standard on Live Fire Training Evolutions, IBR approved for § 1915.508(d)(8). 3. Amend § 1915.505 to revise paragraph (e)(3)(v) to read as follows: § 1915.505 Fire response.

(e)* * *

(3)* * *

(v)Provide only SCBA that meet the requirements of NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services (incorporated by reference, see § 1915.5); and 4. Amend § 1915.507 to revise paragraphs (b)(1), (b)(2), (c)(6), (d)(1), (d)(2), (d)(3), and (d)(5) to read as follows: § 1915.507 Land-side fire protection system.

(b)* * *

(1)The employer must select, install, inspect, maintain, and test all portable fire extinguishers according to NFPA 10-2002 Standard for Portable Fire Extinguishers (incorporated by reference, see § 1915.5).

(2)The employer is permitted to use Class II or Class III hose systems, in accordance with NFPA 10-2002 (incorporated by reference, see § 1915.5), as portable fire extinguishers if the employer selects, installs, inspects, maintains, and tests those systems according to the specific recommendations in NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems (incorporated by reference, see § 1915.5).

(c)* * *

(6)Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72-2002 National Fire Alarm Code (incorporated by reference, see § 1915.5)

(d)* * *

(1)Standpipe and hose systems according to NFPA 14-2003 Standard for the Installation of Standpipe and Hose Systems (incorporated by reference, see § 1915.5);

(2)Automatic sprinkler systems according to NFPA 25-2002 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems, (incorporated by reference, see § 1915.5), and either

(i)NFPA 13-2002 Standard for the Installation of Sprinkler Systems (incorporated by reference, see § 1915.5), or

(ii)NFPA 750-2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see § 1915.5);

(3)Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15-2001 Standard for Water Spray Fixed Systems for Fire Protection (incorporated by reference, see § 1915.5) and NFPA 11-2005 Standard for Low-, Medium-, and High-Expansion Foam (incorporated by reference, see § 1915.5);

(5)Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12-2005 Standard on Carbon Dioxide Extinguishing Systems (incorporated by reference, see § 1915.5); NFPA 12A-2004 Standard on Halon 1301 Fire Extinguishing Systems (incorporated by reference, see § 1915.5); and NFPA 2001-2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see § 1915.5). [FR Doc. E6-17124 Filed 10-16-06; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 224 RIN-1510-AB08 Federal Process Agents of Surety Corporations AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. SUMMARY: The Financial Management Service

(FMS)is revising its regulation governing the appointment of Federal process agents of surety corporations to allow for the appointment of a state official as a process agent. We are also revising the regulation by removing the requirement that all surety corporations appoint a process agent in the District of Columbia, regardless of whether the surety corporation provides bonds in the District of Columbia. Finally, we are updating obsolete contact information and references in the regulation. DATES: This rule is effective on October 17, 2006. FOR FURTHER INFORMATION CONTACT: Rose M. Miller, Manager, Surety Bond Branch, at 202-874-6850 or *rose.miller@fms.treas.gov;* or William Erle, Senior Counsel, at 202-874-6680 or *william.erle@fms.treas.gov.* SUPPLEMENTARY INFORMATION: Background 31 U.S.C. 9306 was amended November 29, 1999 to allow a surety corporation to appoint a State official as its process agent. This means that surety corporations conducting business in more than one judicial district in a state can appoint a State official to receive service of process on the corporation, thereby saving surety corporations from having to appoint an agent in each judicial district of that State. Prior to the amendment, a surety did not have the option of appointing a State official as its process agent to satisfy the service of process requirement. This revised rule makes the regulation at 31 CFR Part 224 consistent with 31 U.S.C. 9306 by providing for the appointment of State officials as process agents. An additional change relates to the requirement currently found in 31 CFR 224.2(a)(3) which requires that an agent be appointed for service of process “in the District of Columbia where the bond is returnable and filed.” This requirement applies to all surety corporations whether or not the corporation contemplates the writing of bonds in favor of the United States to be undertaken within the District of Columbia. Requiring companies to appoint an agent in the District of Columbia, when they are not incorporated in the District of Columbia, and do not write bonds in the District of Columbia, is an unnecessary financial burden on the companies. FMS can see no benefit to the Federal government in maintaining this requirement since, as a matter of practice, Federal bonds are not necessarily returnable and filed in the District of Columbia. The revised rule eliminates this requirement. The sample power of attorney form currently found in 31 CFR 224.4 is replaced with a reference to the Surety Bond Branch Web page. Moving the form to the Web page will allow the sample power of attorney form to be updated more easily. Also, it will provide surety corporations with easy access to an electronic version of the form. Finally, 31 CFR 224.6 currently states that a listing of the divisional offices of the court in each judicial district may be obtained from the Surety Bond Branch, Financial Management Service, U.S. Department of the Treasury. This information is available directly from the U.S. Courts. Therefore, the regulation is revised to provide the contact information for the U.S. Courts. Regulatory Analyses *Administrative Procedure Act.* We did not publish a Notice of Proposed Rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), a rule is exempt from notice and comment rulemaking requirements if the agency finds that notice and public comment are unnecessary or contrary to the public interest. This rule reflects provisions that are already in effect as a matter of law. The changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Likewise, for the same reasons a delayed effective date is not required. *Clarity of Regulations.* Executive Order 12866 requires each agency to write regulations that are easy to understand. We invite comment on how to make this rule clearer. For example, you may wish to discuss:

(1)Whether we have organized the material to suit your needs;

(2)whether the requirements of the rule are clear; or

(3)whether there is something else we could do to make this rule easier to understand. *Executive Order 12866.* FMS has determined that this regulation is not a significant action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. *Regulatory Flexibility Act.* Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. List of Subjects in 31 CFR Part 224 Bonding, Insurance, Insurance companies, Sureties, Surety bonds, Process agents. For the reasons set forth in the preamble, 31 CFR part 224 is revised as follows: PART 224—FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS Sec. 224.1 What does this part cover? 224.2 Definitions. 224.3 When may a surety corporation provide a bond without appointing a process agent? 224.4 When must a surety corporation appoint a process agent? 224.5 Who may a surety corporation appoint to be a process agent? 224.6 Where can I find a sample power of attorney form? 224.7 Where can I find a list of United States district court offices? 224.8 When must a surety corporation appoint a new process agent? Authority: 31 U.S.C. 9306 and 9307. § 224.1 What does this part cover? This part provides guidance on when a surety corporation must appoint a service of process agent and how the surety corporation complies with this requirement. § 224.2 Definitions. For purposes of this regulation:

(a)*Principal* means the person or entity required to provide a surety bond.

(b)*Process agent* means a resident agent for service of process.

(c)*State* means a State, the District of Columbia, or a territory or possession of the United States. § 224.3 When may a surety corporation provide a bond without appointing a process agent? A surety corporation may provide a bond without appointing a process agent when the State where the bond is filed, the State where the principal resides, and the State where the surety corporation is incorporated are the same. § 224.4 When must a surety corporation appoint a process agent? A surety corporation must appoint a process agent when either the State where the bond is filed or the State where the principal resides is different from the State where the surety corporation is incorporated. In such a case, the surety corporation must appoint a process agent in each such State that is different from the State where the surety is incorporated. § 224.5 Who may a surety corporation appoint to be a process agent? A surety corporation may appoint either of the following as process agent—(a) An official of the State who is authorized or appointed under the law of that jurisdiction to receive service of process on the surety corporation; or

(b)An individual who resides in the jurisdiction of the district court for the district in which a surety bond is filed and who is appointed by the surety corporation by means of a power of attorney. A certified copy of the power of attorney must be filed with the clerk of the district court for the district in which a surety bond is to be provided. In addition, the surety corporation must provide the clerk of the United States District Court at the main office in each judicial district with the required number of authenticated copies of the power of attorney for each divisional office of the court within that judicial district. § 224.6 Where can I find a sample power of attorney form? The Surety Bond Branch provides a sample form on its Web page located at: *http://www.fms.treas.gov/c570.* While use of the sample form is not required, any power of attorney provided should be substantially the same as the sample form. § 224.7 Where can I find a list of United States district court offices? A list of the divisional offices of the court in each judicial district may be obtained from the Federal Judiciary, U.S. Courts Web page at *http://www.uscourts.gov* , or by mail by writing to: Office of Public Affairs, Administrative Office of the U.S. Courts, Washington, DC 20544. § 224.8 When must a surety corporation appoint a new process agent? The surety corporation must immediately appoint a new process agent whenever the authority of a process agent is terminated by reason of revocation, disability, removal from the district, or any other cause. Dated: October 11, 2006. Kenneth R. Papaj, Commissioner. [FR Doc. E6-17225 Filed 10-16-06; 8:45 am] BILLING CODE 4810-35-P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 256 RIN 1510-AA52 Obtaining Payments From the Judgment Fund and Under Private Relief Bills AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. SUMMARY: The Financial Management Service

(FMS)is revising 31 CFR part 256, governing how Federal government agencies (agencies) obtain payments from the Judgment Fund, 31 U.S.C. 1304, and how individuals obtain payments under private relief acts. The revision reflects current rules and procedures; it does not include any substantive changes. DATES: This rule is effective on October 17, 2006. FOR FURTHER INFORMATION CONTACT: Kevin McIntrye, Manager, Judgment Fund Branch, at

(202)874-6664 or *Kevin.McIntrye@fms.treas.gov* ; or William J. Erle, Senior Counsel, at

(202)874-6680 or *William.Erle@fms.treas.gov* . SUPPLEMENTARY INFORMATION: Background FMS is the Treasury Department bureau that administers and certifies payments from the Judgment Fund, 31 U.S.C. 1304. Pursuant to Public Law 104-53 (November 19, 1995), the Judgment Fund function was transferred from the General Accounting Office (GAO), now known as the Government Accountability Office, to the Office of Management and Budget (OMB). OMB delegated this responsibility to the Treasury Department. We are revising 31 CFR part 256, in part, to clarify that Judgment Fund payment requests are no longer submitted to GAO, to remove the reference to obsolete processing requirements for awards that are above $100,000 (this statutory ceiling was removed in 1977 by Public Law 95-26), to provide guidance on the kinds of awards that are properly payable from the Judgment Fund, and to provide information on the current procedures for obtaining such payments. This rule seeks to provide guidance to agencies government-wide that submit requests for payments from the Judgment Fund for paying litigative and administrative awards. Additionally, it provides direction to private attorneys regarding filing requirements necessary to preserve the right to interest. Regulatory Analyses *Administrative Procedure Act.* This rule reflects provisions that are already in effect as a matter of law and provides information on the current procedures for obtaining payments from the Judgment Fund. Under 5 U.S.C. 553(b)(B), this rule is exempt from notice and comment rulemaking requirements on the grounds that the amendments are non-substantive and further delay in making these amendments is unnecessary and contrary to the public interest. Likewise, for the same reasons a delayed effective date is not required. *Clarity of Regulations.* Executive Order 12866 requires each agency to write regulations that are easy to understand. We invite comment on how to make this rule clearer. For example, you may wish to discuss:

(1)Whether we have organized the material to suit your needs;

(2)whether the requirements of the rule are clear; or

(3)whether there is something else we could do to make this rule easier to understand. *Executive Order 12866.* FMS has determined that this rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. *Regulatory Flexibility Act.* Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. List of Subjects in 31 CFR Part 256 Awards, Claims, Costs, Interest, Judgment Fund, Judgments, Tort claims. For the reasons stated in the preamble, part 256 of title 31 of the Code of Federal Regulations is revised as follows: PART 256—OBTAINING PAYMENTS FROM THE JUDGMENT FUND AND UNDER PRIVATE RELIEF BILLS Subpart A—General Information Sec. 256.0 What does this part cover? 256.1 What is Treasury's role in paying awards and settlements from the Judgment Fund? 256.2 Where can I find more information about, and forms for, Judgment Fund payments? Subpart B—Requesting Payments 256.10 Who may request payment from the Judgment Fund? 256.11 How do agencies request payments? 256.12 What supporting documentation must agencies submit to FMS when requesting a payment from the Judgment Fund? 256.13 Are agencies required to supply a taxpayer identification number

(TIN)when submitting a request for payment? 256.14 What happens if I submit an incomplete request for payment? Subpart C—Debt Collection 256.20 How does an agency indicate that a debt is to be offset from a Judgment Fund payment? 256.21 Are Judgment Fund payments offset to collect administrative debts? 256.22 How does FMS set off an award under 31 U.S.C. 3728? Subpart D—Interest and Litigation Costs 256.30 When does the Judgment Fund pay interest? 256.31 How does FMS compute interest on payments? 256.32 What documentation must be submitted to the Judgment Fund Branch to preserve the right to seek interest under 31 U.S.C. 1304(b) in a case where the government has taken an appeal? 256.33 For what period of time is interest computed under 31 U.S.C. 1304(b)? 256.34 Does the Judgment Fund pay all litigation costs? Subpart E—Reimbursements to the Judgment Fund 256.40 When must an agency reimburse the Judgment Fund? 256.41 When is reimbursement due for CDA and No FEAR payments? Subpart F—Additional Provisions 256.50 How does FMS process back pay awards? 256.51 Does FMS report Judgment Fund payments to the IRS as income to the payee on IRS Form 1099? 256.52 How does FMS issue a payment? 256.53 How does the submitting agency know when payment is made? 256.54 What happens if FMS denies a request for payment? Subpart G—Private Relief Bills 256.60 How do I get paid for a Private Relief Bill? Authority: 31 U.S.C. 1304, 3728; 41 U.S.C. 612; 5 U.S.C. 2301 note. Subpart A—General Information § 256.0 What does this part cover? This part applies to payments made by the U.S. Department of the Treasury (Treasury) pursuant to the Judgment Fund statute, 31 U.S.C. 1304. § 256.1 What is Treasury's role in paying awards and settlements from the Judgment Fund?

(a)The Judgment Fund is a permanent, indefinite appropriation which is available to pay many judicially and administratively ordered monetary awards against the United States. In addition, amounts owed under compromise agreements negotiated by the U.S. Department of Justice in settlement of claims arising under actual or imminent litigation are normally paid from the Judgment Fund, if a judgment on the merits would be payable from the Judgment Fund. Treasury's Financial Management Service

(FMS)certifies payments from the Judgment Fund when the following four tests have been met:

(1)Awards or settlements are final;

(2)Awards or settlements are monetary;

(3)One of the authorities specified in 31 U.S.C. 1304(a)(3) provides for payment of the award or settlement; and

(4)Payment may not legally be made from any other source of funds.

(b)Additionally, FMS requires that requests for payment identify the statute that forms the basis of the underlying claim. The award or settlement must comply with the statutory and regulatory requirements that authorize the award or settlement. For example, interest is payable on Judgment Fund awards only if there is an express statutory provision, contractual agreement or constitutional waiver of sovereign immunity authorizing the assessment of interest against the United States. Also, a tort under the Federal Tort Claims Act

(FTCA)is payable from the Judgment Fund only when the award amount exceeds $2,500 (for administrative awards) and is in compliance with the regulatory requirements at 28 CFR part 14. § 256.2 Where can I find more information about, and forms for, Judgment Fund payments? Detailed information related to Judgment Fund payments, including copies of all forms, can be found in the Treasury Financial Manual (TFM), Volume I, Part 6, Chapter 3100. The TFM is available on the Judgment Fund Web site at *http://www.fms.treas.gov/judgefund* . Contact information for the Judgment Fund Branch is also available on the Web site. Subpart B—Requesting Payments § 256.10 Who may request payment from the Judgment Fund? *(a) Court judgments and settlements of litigation.* The Department of Justice must normally submit the request for payment from the Judgment Fund. Agencies that have independent litigating authority may submit a request for payment themselves if the Department of Justice is not responsible for the case. *(b) Administrative awards.* The program agency that is authorized to approve the award must submit the request for payment. § 256.11 How do agencies request payments? Agencies must submit requests for payments from the Judgment Fund on FMS's Judgment Fund payment request forms or by using other approved methods as provided for on the Judgment Fund Web site at *http://www.fms.treas.gov/judgefund* . FMS provides forms and detailed information about Judgment Fund payments in the TFM, Volume I, Part 6, Chapter 3100. The TFM is also available on the Judgment Fund Web site. The submitting agency must complete and sign all required Judgment Fund forms and must attach all required supporting documents. § 256.12 What supporting documentation must agencies submit to FMS when requesting a payment from the Judgment Fund? *(a) All payments.* The submitting agency must submit a copy of the judgment or settlement agreement, as applicable, in addition to the request for payment from the Judgment Fund. The request for payment must be on the appropriate Judgment Fund payment request forms. *(b) Awards to minors.* For awards to claimants that are minors, the submitting agency must include in its submission to FMS documentation establishing that the payee, if different from the claimant, is legally authorized to act on behalf of the claimant. Documentation of court approvals (Federal, State, or foreign) that are legally required for payment must be submitted along with the request for payment from the Judgment Fund. State law typically specifies when money awards to minors require the appointment of a guardian. Agencies must list the appropriate controlling state law citation on the payment request forms. *(c) Awards of costs.* For awards of costs, the submitting agency must include a copy of the “bill of costs” or the Court's order awarding costs. Only those items expressly enumerated under the cost statute, 28 U.S.C. 1920, or other governing statute specific to the award, are payable from the Judgment Fund. *(d) Payments to multiple claimants/payees in a single award.* For awards where multiple payees are to receive separate payments, the submitting agency must complete separate Judgment Fund Vouchers for Payment for each payee. When there are multiple claimants in an administrative tort matter, each claimant's award must independently exceed the mandatory $2,500 threshold in order for payment to be made from the Judgment Fund. A claimant's threshold can be satisfied by combining amounts awarded for personal and property damage under the FTCA. *(e) Awards of back pay.* For awards of back pay where the judgment does not specifically state the principal amounts to be paid and withholdings to be made, the submitting agency must include a spreadsheet indicating precisely which amounts are allocable to net pay, deductions, and interest. § 256.13 Are agencies required to supply a taxpayer identification number

(TIN)when submitting a request for payment? Yes, agencies must include a valid TIN on all requests for payments, unless the situation meets one of the exceptions listed in the FMS TIN Policy, which may be found on the FMS Web site at: *http://www.fms.treas.gov/tinpolicy/regulations.html.* For an individual, the TIN is the Social Security Number. For a business, the TIN is the Employer Identification Number issued by IRS. The TIN provided must be for the party entitled to the payment, whether or not that party is the payee. Failure to include a required TIN results in an incomplete request for payment. § 256.14 What happens if I submit an incomplete request for payment? FMS may return, without action, any request for payment that is incomplete. If a request for payment is returned for lack of necessary information, the submitting agency may resubmit the request for payment once all the required information is available. Subpart C—Debt Collection § 256.20 How does an agency indicate that a debt is to be offset from a Judgment Fund payment? The submitting agency must identify on the appropriate Judgment Fund form any known debt owed to the United States that FMS is expected to collect by setoff against the award. Such a debt will be offset pursuant to the provisions of 31 U.S.C. 3728. § 256.21 Are Judgment Fund payments offset to collect administrative debts? Yes, separate and apart from its role as administrator of the Judgment Fund, FMS, in its capacity as disbursing official for the executive branch, offsets Judgment Fund payments to collect delinquent, nontax Federal debts through the Treasury Offset Program (TOP). This rule applies only to the setoff of Judgment Fund payments prior to payment certification, pursuant to 31 U.S.C. 3728, and not to disbursing official offsets pursuant to other authorities. (See 31 CFR 285.5 for requirements for disbursing official offset of past-due delinquent, nontax debts pursuant to the authority set forth in 31 U.S.C. 3716.) § 256.22 How does FMS set off an award under 31 U.S.C. 3728? The setoff statute establishes a two-step process to collect debts that are owed to the United States. If an agency notifies FMS of a debt for which a court has issued a judgment against a debtor in favor of the United States, or for which the IRS has issued a tax levy pursuant to 26 U.S.C. 6331, then FMS will automatically set off the debt from the payment. If the debt owed to the United States has not been judicially determined, then FMS must notify the claimant of the debt and request the debtor's consent to a setoff. If the debtor consents, then FMS will set off the debt. If the debtor does not consent, then FMS will withhold from payment an amount equal to the debt. FMS also may withhold an amount sufficient to pay the cost of litigating the debt to judgment. FMS then will consult with the underlying agency and the Department of Justice regarding the necessity for a civil action to reduce the debt to judgment. If litigation proceeds and is successful, FMS will set off the debt. If the suit is unsuccessful, FMS will pay the withheld amount with interest accruing from the date when payment would have been made. Subpart D—Interest and Litigation Costs § 256.30 When does the Judgment Fund pay interest? Interest is paid when it is ordered in the judgment pursuant to a statutory, contractual or constitutional waiver of sovereign immunity. Such waivers may include interest as set forth under 41 U.S.C. 611 (Contract Disputes Act), 5 U.S.C. 5596 (Back Pay Act), or Title VII, 42 U.S.C. 2000e-16 (Civil Rights Act of 1991). In addition, post-judgment interest is paid on awards eligible for interest under 31 U.S.C. 1304(b) (unsuccessful appeal by the Government). § 256.31 How does FMS compute interest on payments? FMS computes interest according to the terms of the statute that waives sovereign immunity for interest to be awarded against the Federal government. The statute that allows interest must be cited on the appropriate Judgment Fund form. § 256.32 What documentation must be submitted to the Judgment Fund Branch to preserve the right to seek interest under 31 U.S.C. 1304(b) in a case where the government has taken an appeal? 31 U.S.C. 1304(b) specifies that a “transcript of the judgment” must be filed with the Secretary of the Treasury. This means that a copy of the judgment must be filed with the Judgment Fund Branch for interest to accrue on a judgment of a federal district court, the Court of Appeals for the Federal Circuit, or the United States Court of Federal Claims. By practice, the successful plaintiff files a copy of the judgment. Whoever submits the judgment should include a cover letter explaining that it is being submitted to preserve interest rights under 31 U.S.C. 1304. A copy of the judgment and cover letter must be sent to the Financial Management Service, Judgment Fund Branch, at the address indicated on the Judgment Fund Web site at *http://www.fms.treas.gov/judgefund.* § 256.33 For what period of time is interest computed under 31 U.S.C. 1304(b)? Interest is computed from the date that FMS receives the copy of the judgment until the date preceding the appellate court's affirmative ruling. If the United States files a Notice of Appeal which it later withdraws, interest is paid on the award through the date before the withdrawal of the Notice of Appeal. § 256.34 Does the Judgment Fund pay all litigation costs? FMS certifies for payment only those costs that are enumerated in the cost statute, 28 U.S.C. 1920, or as set forth under a statute that specifically governs payment of the award. Subpart E—Reimbursements to the Judgment Fund § 256.40 When must an agency reimburse the Judgment Fund? Agencies are required to reimburse the Judgment Fund for payments made pursuant to the Contract Disputes Act (CDA), 41 U.S.C. 612, and payments made pursuant to the Notification and Federal Employees Antidiscrimination and Retaliation Act of 2002 (No FEAR), 5 U.S.C. 2301 note. The TFM, available on the Judgment Fund Web site at *http://www.fms.treas.gov/judgefund* , contains more information about how FMS bills agencies and collects such reimbursements. § 256.41 When is reimbursement due for CDA and No FEAR payments? Reimbursement for a CDA or No FEAR payment should be made promptly upon notification from FMS of the amount due. If the agency is unable to timely reimburse FMS, the agency must contact FMS to establish a reimbursement plan. Under Office of Personnel Management

(OPM)regulations, No FEAR reimbursements or payment reimbursement plans must be made within 45 days of the request for reimbursement. See 5 CFR part 724. Agencies that do not meet this requirement will be listed on FMS's public Web site. Subpart F—Additional Provisions § 256.50 How does FMS process back pay awards?

(a)The submitting agency may request one of two methods to process back pay awards. One method has three parts. The first part is a payment of net back pay (and interest if authorized), which is sent to the plaintiff or to the plaintiff's attorney, as directed by the submitting agency. The second part is a payment to the agency of deductions from the net back pay. The third part is a payment of attorney fees, which is sent directly to the attorney.

(b)Under the second method, FMS pays the entire back pay award to the agency out of whose actions the claim arose. The agency then issues amounts representing back pay (and interest if authorized) to the plaintiff and retains amounts representing deductions. FMS pays the attorney fees directly to the attorney. § 256.51 Does FMS report Judgment Fund payments to the IRS as income to the payee on IRS Form 1099? No, FMS does not report Judgment Fund payments as potential taxable income to the IRS. FMS does not have sufficient information about the payment to determine if a Form 1099 must be issued or to prepare such a form when required. To the extent any Form 1099 needs to be issued, it is the responsibility of the agency submitting the payment request to do so. § 256.52 How does FMS issue a payment? Pursuant to 31 CFR part 208, Judgment Fund payments are to be made by electronic funds transfer (EFT). FMS will issue an electronic payment to the payee's account as specified on the appropriate Judgment Fund form. If a submitting agency determines that a waiver (in accordance with 31 CFR part 208) to the requirement for payment by EFT is appropriate, FMS will issue a payment by check. The Voucher for Payment must direct payment to the payee designated in the judgment or settlement agreement. § 256.53 How does the submitting agency know when payment is made? FMS will e-mail the agency contact when payment is disbursed, if the agency contact has provided an email address on the appropriate Judgment Fund form. Also, FMS maintains an on-line payment status system that the submitting agency can access to determine the status of a payment. The payment reporting system can be accessed from the Judgment Fund Web site at *http://www.fms.treas.gov/judgefund.* § 256.54 What happens if FMS denies a request for payment? FMS must deny any request for payment that fails to satisfy the requirements of 31 U.S.C. 1304. The submitting agency may request reconsideration of a payment denial. The submitting agency must provide an explanation of how the request for payment meets the four tests contained in section 256.1 of this part. If applicable, requests for reconsideration must contain a reference to the agency's program authority and include specific funding provisions that pertain to the program activity that resulted in the claim. If, upon reconsideration, FMS determines that payment from the Judgment Fund is appropriate, and the agency has already made payment to the plaintiff or claimant, FMS will reimburse the agency from the Judgment Fund. Subpart G—Private Relief Bills § 256.60 How do I get paid for a Private Relief Bill? You may apply for payment by sending a request letter along with supporting documentation, to include a copy of the private relief act and proof of your identity, to the address specified on the FMS Web site at *http://www.fms.treas.gov/privaterelief.* Dated: October 11, 2006. Kenneth R. Papaj, Commissioner. [FR Doc. E6-17229 Filed 10-16-06; 8:45 am] BILLING CODE 4810-35-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [R10-OAR-2005-TR-0001; FRL-8230-8] Announcement of the Delegation of Partial Administrative Authority for Implementation of Federal Implementation Plan for the Umatilla Indian Reservation to the Confederated Tribes of the Umatilla Indian Reservation AGENCY: Environmental Protection Agency (EPA). ACTION: Delegation of authority; technical amendment. SUMMARY: This action announces that on August 21, 2006, EPA Region 10 and the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) entered into a Partial Delegation of Administrative Authority to carry out certain day-to-day activities associated with administration of the Federal Implementation Plan for the Umatilla Indian Reservation (Umatilla FIP). A note of this partial delegation is being added to the Umatilla FIP. DATES: The partial delegation of administrative authority was effective on August 21, 2006. The date of delegation can be found in the SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: EPA has established a docket for this action under Docket ID No. R10-OAR-2005-TR-0001. The delegation agreement and other docket materials are available electronically in EDOCKET, EPA's electronic public docket and comment system, found at *www.regulations.gov* or in hard copy from Steve Body at EPA Region 10, Office of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Seattle, Washington 98101, or via e-mail at *body.steve@epa.gov.* Additional information may also be obtained from the CTUIR by contacting Dr. John Cox, Air Quality Project Coordinator, Environmental Science and Technology Program, P.O. Box 638, Pendleton, Oregon 97801. FOR FURTHER INFORMATION CONTACT: Steve Body at telephone number:

(206)553-0782, e-mail address: *body.steve@epa.gov,* or the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: The purpose of this action is to announce that on August 21, 2006, EPA Region 10, delegated partial administrative authority for implementation of certain provisions of the Umatilla FIP to the CTUIR. *See* 40 CFR part 49, subpart M, section 11011 through 11040, as authorized by 40 CFR 49.122 of the Federal Air Rules for Reservations, (FARR), 40 CFR part 49, subpart C. I. Authority To Delegate Federal regulation 40 CFR 49.122 provides EPA authority to delegate to Indian Tribes, partial administrative authority to administer provisions of the Federal Air Rules for Reservations (FARR), 40 CFR part 49, subpart C. Tribes must submit a request to the Regional Administrator that meets the requirements of 40 CFR 49.122. II. Partial Delegation of Administrative Authority On August 21, 2006, EPA entered into an “Agreement for Partial Delegation of the Federal Implementation Plan for the Umatilla Indian Reservation by the United States Environmental Protection Agency, Region 10, to the Confederated Tribes of the Umatilla Indian.” The Delegation Agreement provides authority for the CTUIR to administer the following rules that are part of the Federal Implementation Plan for the Nez Perce Tribe of Idaho, 40 CFR 49.11011 through 49.11040: 49.11020(a) Section 49.123 General provisions; 49.11020(g) Section 49.131 General rule for open burning; 49.11020(h) Section 49.132 Rule for general open burning permits; 49.11020(i) Section 49.133 Rule for agricultural burning permits; 49.11020(j) Section 49.134 Rule for forestry and silvicultural burning permits; and 49.11020(l) Section 49.137 Rule for air pollution episodes. 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 procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today's rule final without prior proposal and opportunity for comment because EPA is merely informing the public of partial delegation of administrative authority to the CTUIR and making a technical amendment to the Code of Federal Regulations

(CFR)by adding a note announcing the partial delegation. Thus, notice and public procedure are unnecessary. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). Moreover, since today's action does not create any new regulatory requirements, EPA finds that good cause exists to provide for an immediate effective date pursuant to 5 U.S.C. 553(d)(3). III. 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). This action merely makes a technical amendment and gives notice of a partial delegation of administrative authority. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). This rule 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). Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.” Under section 5(b) of Executive Order 13175, EPA may not issue a regulation that has tribal implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by tribal governments, or EPA consults with tribal officials early in the process of developing the proposed regulation. Under section 5(c) of Executive Order 13175, EPA may not issue a regulation that has tribal implications and that preempts tribal law, unless the Agency consults with tribal officials early in the process of developing the regulation. EPA has concluded that this rule may have tribal implications. EPA's action fulfills a requirement to publish a notice announcing partial delegation of administrative authority to the CTUIR and noting the partial delegation in the CFR. However, it will neither impose substantial direct compliance costs on tribal governments, nor preempt tribal law. Thus, the requirements of sections 5(b) and 5(c) of the Executive Order do not apply to this rule. This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This technical amendment merely notes that partial delegation of administrative authority to the CTUIR is in effect. 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. This action does not involve technical standards; 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, 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. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 18, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 49 Administrative practice and procedure, Air pollution control, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: September 28, 2006. Ronald A. Kreizenbeck, Acting Regional Administrator, Region 10. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 49—[AMENDED] 1. The authority citation for Part 49 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart M—[Amended] 2. Section 49.11020 is amended by adding a note to the end of the section to read as follows: § 49.11020 Federally-promulgated regulations and Federal implementation plans. Note to § 49.11020: EPA entered into a Partial Delegation of Administrative Authority Agreement with the Confederated Tribes of the Umatilla Indian Reservation on August 21, 2006 for the rules listed in paragraphs (a), (g), (h), (i),

(j)and

(l)of this section. [FR Doc. E6-17223 Filed 10-16-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 50 [EPA-HQ-OAR-2006-0834; FRL-8230-9] Regulatory Impact Analysis for the Review of the Particulate Matter National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of availability of documents. SUMMARY: On October 6, 2006, EPA released the Regulatory Impact Analysis

(RIA)for the revised particulate matter national ambient air quality standards. This RIA provides EPA's estimates of the range of the monetized human health benefits, control costs, and net benefits associated with meeting the revised suite of standards for fine particles (PM 2.5 ) that are published elsewhere in this issue of the **Federal Register** , as well as for meeting a more stringent alternative. The final rule established a 24-hour standard of 35 g/m 3 and retained the annual standard of 15 g/m 3 . The EPA also promulgated a final decision to retain the current 24-hour PM 10 standards and to revoke the current annual PM 10 standards, in order to maintain protection against the health and welfare effects of thoracic coarse particles (PM 10−2.5 ). Data and modeling limitations preclude EPA from assessing the costs and benefits of retaining the existing PM 10 24-hour standard. FOR FURTHER INFORMATION CONTACT: Mr. Ron Evans, Mail Code C439-02, Health and Environmental Impacts Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone:

(919)541-5488, e-mail: *evans.ron@epa.gov.* SUPPLEMENTARY INFORMATION: A. How Can I Get Copies of This Document and Other Related Information? 1. *Docket.* The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2006-0834. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the Air and Radiation Docket and Information Center is

(202)566-1742. 2. *Electronic Access.* You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/.* The EPA also has posted the RIA on its Web site for particle pollution and the revised PM standards at *http://www.epa.gov/pm.* **Note:** The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to visit the Public Reading Room to view documents. Consult EPA's **Federal Register** notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at *http://www.epa.gov/epahome/dockets.htm* for current information on docket status, locations and telephone numbers. In setting primary ambient air quality standards, EPA's responsibility under the law is to establish standards that protect public health. The Clean Air Act

(CAA)requires EPA, for each criteria pollutant, to set a standard that protects public health with “an adequate margin of safety.” As interpreted by the Agency and the courts, the CAA requires EPA to base this decision on health considerations; economic factors cannot be considered. Although EPA cannot consider costs in setting the primary air quality standards, consideration of costs and benefits is essential to the efficient implementation of these standards. The impacts of cost, benefits, and efficiency are considered by the States when making decisions regarding what timelines, strategies, and policies make the most sense. This PM 2.5 NAAQS RIA is focused on development and analyses of illustrative control strategies to meet alternative suites of standards in 2020, the latest year by which the CAA generally requires full attainment of the new standards. Because the States are ultimately responsible for implementing strategies to meet the revised standards, the RIA provides insights and analysis of a limited number of illustrative control strategies that States might adopt to meet the revised standards. These strategies are subject to a number of important assumptions, uncertainties and limitations, which EPA documents in the relevant portions of the analysis. The EPA presents this analysis pursuant to Executive Order 12866 and the guidelines of OMB Circular A-4. 1 These documents present guidelines for EPA to assess the incremental benefits and costs of the selected regulatory approach as well as one less stringent, and one more stringent, option. In this RIA, the 1997 standards represent the less stringent option, and the alternative suite of standards including a tighter annual standard of 14 g/m 3 together with the revised 24-hour standard of 35 g/m 3 represents the more stringent option. 1 For a copy of these requirements, see: *http://www.whitehouse.gov/OMB/inforeg/eo12866.pdf and http://www.whitehouse.gov/omb/circulars/a004/a-4.html.* Dated: October 5, 2006. Jeffrey S. Clarke, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E6-17011 Filed 10-16-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA-B-7467] 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 changed 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: Alabama: Houston City of Dothan (05-04-A105P) May 18, 2006; May 25, 2006; *Dothan Eagle* The Honorable Pat Thomas, Mayor, City of Dothan, P.O. Box 2128, Dothan, Alabama 36302. Jefferson City of Trussville (06-04-B139P) June 22, 2006; June 29, 2006; *Birmingham News* The Honorable Eugene A. Melton, Mayor, City of Trussville, Trussville City Hall, 131 Main Street, Trussville, Alabama 35173. Jefferson Unincorporated Areas of Jefferson County (06-04-B139P) June 22, 2006; June 29, 2006; *Birmingham News* The Honorable Larry Langford, President, Jefferson County Commission, Jefferson County Courthouse, Room 240, 716 Richard Arrington Jr. Boulevard North, Birmingham, Alabama 35203. Jefferson Unincorporated Areas of Jefferson County (06-04-B748P) July 27, 2006; August 3, 2006; *Birmingham News* The Honorable Larry Langford, President, Jefferson County Commission, Jefferson County Courthouse, Room 240, 716 Richard Arrington Jr., Boulevard North, Birmingham, Alabama 35203. Madison City of Huntsville (06-04-136P) July 14, 2006; July 21, 2006; *Madison County Record* The Honorable Loretta Spencer, Mayor, City of Huntsville, P.O. Box 308, Huntsville, Alabama 35804. Mobile Unincorporated Areas of Mobile County (06-04-A402P) July 20, 2006; July 27, 2006; *Mobile Press Register* Mr. John Pafenbach, County Administrator, Mobile County, 205 Government Street, Mobile, Alabama 36644. Shelby City of Pelham (06-04-B342P) July 12, 2006; July 19, 2006; *Shelby County Reporter* The Honorable Bobby Hayes, Mayor, City of Pelham, P.O. Box 1419, Pelham, Alabama 35124. Tuscaloosa City of North Port (05-04-1187P) January 18, 2006; January 25, 2006; *The Northport Gazette* The Honorable Harvey Fretwell, Mayor, City of Northport, City Hall, 3500 McFarland Boulevard, Northport, Alabama 35476. Tuscaloosa City of North Port (05-04-A392P) May 17, 2006; May 24, 2006; *The Northport Gazette* The Honorable Harvey Fretwell, Mayor, City of Northport, City Hall, 3500 McFarland Boulevard, Northport, Alabama 35476. Tuscaloosa City of Tuscaloosa (05-04-A392P) May 17, 2006; May 24, 2006; *The Northport Gazette* The Honorable Walter Maddox, Mayor, City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, Alabama 35403-2089 Tuscaloosa Unincorporated Areas of Tuscaloosa County (05-04-1187P) January, 18 2006; January 25, 2006; *The Northport Gazette* The Honorable W. Hardy McCollum, Chairman, Tuscaloosa County Board of Commissioners, 714 Greensboro Avenue, Tuscaloosa, Alabama 35401. Tuscaloosa Unincorporated Areas of Tuscaloosa County, (05-04-A392P)) May 17, 2006; May 24, 2006; *The Northport Gazette* The Honorable W. Hardy McCollum, Chairman, Tuscaloosa County Board of Commissioners, 714 Greensboro Avenue, Tuscaloosa, Alabama 35401. Benton City of Rogers (05-06-0683P) June 21, 2006; June 28, 2006; *Arkansas Democrat Gazette, Rogers Hometown News* The Honorable Steve Womack, Mayor, City of Rogers, 300 West Poplar Street, Rogers, Arkansas 72756. Benton City of Rogers (05-06-A559P) August 30, 2006; September 6, 2006; *Arkansas Democrat Gazette, Rogers Hometown News* The Honorable Steve Womack, Mayor, City of Rogers, 300 West Poplar Street, Rogers, Arkansas 72756. Crawford City of Van Buren (05-06-A486P) May 17, 2006; May 24, 2006; *Press Argus Courier* The Honorable John Riggs, Mayor, City of Van Buren, 1003 Broadway, Van Buren, Arkansas 72956. Pulaski City of Jacksonville (05-06-1464P) December 21, 2005; December 28, 2005; *Jacksonville Patriot* The Honorable Tommy Swaim, Mayor, City of Jacksonville, One Municipal Drive, Jacksonville, Arkansas 72076. Pulaski City of North Little Rock (05-06-1777) April 13, 2006; April 20, 2006; *North Little Rock Times* The Honorable Patrick H. Hays, Mayor, City of North Little Rock, 300 Main Street, North Little Rock, Arkansas 72114. Pulaski Unincorporated Areas of Pulaski County (05-06-1777P) April 13, 2006; April 20, 2006; *North Little Rock Times* The Honorable Floyd G. Villines, Pulaski County Judge, Pulaski County Courthouse 201 South Broadway, Little Rock, Arkansas 72201. Coconino City of Flagstaff (05-09-1103P) December 8, 2005; December 15, 2005; *Arizona Daily Sun* The Honorable Joseph Donaldson, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, Arizona 86001. Maricopa City of Avondale (06-09-B472P) July 13, 2006; July 20, 2006; *Arizona Business Gazette* The Honorable Marie Lopez-Rogers, Mayor, City of Avondale, 525 North Central Avenue, Avondale, Arizona 85323. Maricopa City of Chandler (04-09-1562P) November 10, 2005; November 17, 2005; *Arizona Business Gazette* The Honorable Boyd W. Dunn, Mayor, City of Chandler, P.O. Box 4008, Mail Stop 603, Chandler, Arizona 85244-4008. Maricopa City of Glendale (06-09-B380P) July 20, 2006; July 27, 2006; *Arizona Business Gazette* The Honorable Elaine Scrugss, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, Arizona 85301 Maricopa Town of Gilbert (04-09-1717P) May 11, 2006; May 18, 2006; *Arizona Business Gazette* The Honorable Steve Berman, Mayor, Town of Gilbert, 50 West Civic Center Drive, Gilbert, Arizona 85296 Maricopa Town of Gilbert (06-09-B885X) June 29, 2006; July 6, 2006; *Arizona Business Gazette* The Honorable Steve Berman, Mayor, Town of Gilbert, 50 West Civic Center Drive, Gilbert, Arizona 85296 Maricopa City of Goodyear (05-09-0791P) June 15, 2006; June 22, 2006; *Arizona Business Gazette* The Honorable Jim Cavanaugh, Mayor, City of Goodyear, 190 North Litchfield Road, Goodyear, Arizona 85338 Maricopa City of Litchfield Park (05-09-0791P) June 15, 2006; June 22, 2006; *Arizona Business Gazette* The Honorable J. Woodfin Thomas, Mayor, City of Litchfield Park, 214 West Wigman Boulevard, Litchfield Park, Arizona 85340 Maricopa Town of Paradise Valley (05-09-1284P) December 8, 2005; December 15, 2005; *Arizona Business Gazette* The Honorable Ron Clarke, Mayor, Town of Paradise, 6401 East Lincoln Drive, Paradise Valley, Arizona 85253 Maricopa City of Peoria (06-09-B380P) July 20, 2006; July 27, 2006; *Arizona Business Gazette* The Honorable John Keegan, Mayor, City of Peoria, 8410 West Monroe Street, Peoria, Arizona 85345 Maricopa City of Phoenix (05-09-1284P) December 8, 2005; December 15, 2005; *Arizona Business Gazette* The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 Maricopa City of Phoenix (06-09-B520P) April 27, 2006; May 4, 2006; *Arizona Business Gazette* The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, Arizona 85003-1611 Maricopa Town of Queen Creek (04-09-1717P) May 11, 2006; May 18, 2006; *Arizona Business Gazette* The Honorable Mark Schnepf, Mayor, Town of Queen Creek, P.O. Box 650, Queen Creek, Arizona 85242 Maricopa Town of Queen Creek (06-09-B885X) June 29, 2006; July 6, 2006; *Arizona Business Gazette* The Honorable Mark Schnepf, Mayor, Town of Queen Creek, P.O. Box 650, Queen Creek, Arizona 85242 Maricopa Unincorporated Areas of Maricopa County (04-09-1717P) May 11, 2006; May 18, 2006; *Arizona Business Gazette* The Honorable Max Wilson, Chairman, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 Maricopa Unincorporated Areas of Maricopa County (05-09-0394P) May 18, 2006; May 25, 2006; *Arizona Business Gazette* The Honorable Max Wilson, Chairman, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 Maricopa Unincorporated Areas of Maricopa County (06-09-B885X) June 29, 2006; July 6, 2006; *Arizona Business Gazette* The Honorable Max Wilson, Chairman, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, Arizona 85003 Pima City of Tucson (05-09-A160P) February 16, 2006; February 23, 2006; *Daily Territorial* The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726 Pima City of Tucson (05-09-A090P) March 30, 2006; April 6, 2006; *Daily Territorial* The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, Arizona 85726 Pima Unincorporated Areas of Pima County (05-09-0847P) December 8, 2005; December 15, 2005; *Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County, Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701 Pima Unincorporated Areas of Pima County (05-09-A160P) February 16, 2006; February 23, 2006; *Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County, Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, Arizona 85701 Pima Unincorporated Areas of Pima County (05-09-A090P) March 30, 2006; April 6, 2006; *Daily Territorial* The Honorable Sharon Bronson, Chair, Pima County, Board of Supervisors, 130 West Congress, 11th Floor, Tucson, Arizona 85701 Pinal Unincorporated Areas of Pinal County (05-09-A319P) February 8, 2006; February 15, 2006; *Copper Basin News* The Honorable Sandie Smith, Chair, Pinal County, Board of Supervisors, P.O. Box 827, Florence, Arizona 85232 Pinal Unincorporated Areas of Pinal County (06-09-B339P) April 19, 2006; April 26, 2006; *Copper Basin News* The Honorable Sandie Smith, Chair, Pinal County, Board of Supervisors, P.O. Box 827, Florence, Arizona 85232 California: Marin City of Novato (05-09-A080P) January 11, 2006; January 18, 2006; *Novato Advance* The Honorable Carole D. Knutson, Mayor, City of Novato, 75 Rowland Way, Suite 200, Novato, California 94945-5054. Merced City of Atwater (05-09-0622P) February 16, 2006; February 23, 2006; *Merced Sun-Star* The Honorable Rudy Trevino, Mayor, City of Atwater, 750 Bellevue Road, Atwater, California 95301. Merced Unincorporated Areas of Merced County (05-09-0622P) February 16, 2006; February 23, 2006; *Merced Sun-Star* Mr. Demetrios O. Tatum, County Executive Officer, Merced County, 2222 M Street, Merced, California 95340. Monterey City of Marina (05-09-A506P) May 11, 2006; May 18, 2006; *The Salinas Californian* The Honorable Ila Mettee-McCutchon, Mayor, City of Marina, 211 Hillcrest Avenue, Marina, California 93933. Placer City of Roseville (05-09-1257P) June 21, 2006; June 28, 2006; *Press Tribune* The Honorable Gina Garbolino, Mayor, City of Roseville, 311 Vernon Street, Roseville, California 95678. Riverside City of La Quinta (04-09-1145P) February 9, 2006; February 16, 2006; *Press Enterprise* The Honorable Donald Adolph, Mayor, City of La Quinta, P.O. Box 1504, La Quinta, California 92247-1504. Riverside City of Lake Elsinore (06-09-B090P) June 15, 2006; June 22, 2006; *Press Enterprise* The Honorable Robert Magee, Mayor, City of Lake Elsinore, Administrative Office, City Hall, 130 South Main Street, Lake Elsinore, California 92530. Riverside City of Norco (04-09-1444P) November 16, 2005; November 23, 2005; *Press Enterprise* Mr. Jeff Allred, City Manager, City of Norco, 2870 Clark Avenue, Norco, California 92860. Riverside City of San Jacinto (05-09-A244P) February 16, 2006; February 23, 2006; *Press Enterprise* The Honorable Dale Stubblefield, Mayor, City of San Jacinto, 201 East Main Street, San Jacinto, California 92583. Riverside Unincorporated Areas of Riverside County (05-09-A213P) February 8, 2006; February 15, 2006; *Press Enterprise* The Honorable Marion Ashley, Chairman, Riverside County Board of Supervisors, 4080 Lemon Street, Fifth Floor, Riverside, California 92501. San Diego City of San Diego (06-09-B001P) March 16, 2006; March 23, 2006; *San Diego Daily Transcript* The Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101. San Diego City of San Diego (06-09-B048P) May 18, 2006; May 25, 2006; *San Diego Daily Transcript* The Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, California 92101. San Diego Unincorporated Areas of San Diego County (06-09-B14P) August 3, 2006; August 10, 2006; *San Diego Daily Transcript* The Honorable Bill Horn, Chairman, San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, California 92123. San Joaquin City of Lathrop (06-09-B114P) April 27, 2006; May 4, 2006; *The Record* The Honorable Apolinar Sangalang, Mayor, City of Lathrop, 16775 Howland Road, Suite 1, Lathrop, California 95330. Santa Clara City of Palo Alto (06-09-A606P) July 19, 2006; July 26, 2006; *Palo Alto Weekly* The Honorable Judy Kleinberg, Mayor, City of Palo Alto, 250 Hamilton Avenue, Palo Alto, California 94301. Santa Clara City of San Jose (05-09-0938P) March 16, 2006; March 23, 2006; *San Jose Mercury News* The Honorable Ron Gonzales, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, California 95113. Santa Clara City of San Jose (05-09-A216P) March 23, 2006; March 30, 2006; *San Jose Mercury News* The Honorable Ron Gonzales, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, California 95113. Santa Clara City of San Jose (06-09-B378P) July 19, 2006; July 26, 2006; *San Jose Mercury News* The Honorable Ron Gonzales, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, California 95113. Santa Clara City of Santa Clara (06-09-B378P) July 19, 2006; July 26, 2006; *San Jose Mercury News* The Honorable Patricia Mahan, Mayor, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, California 95050. Ventura City of Simi Valley (05-09-0780P) February 2, 2006; February 9, 2006; *Ventura County Star* The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063. Ventura City of Simi Valley (06-09-A639P) May 18, 2006; May 25, 2006; *Ventura County Star* The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063. Colorado: Adams City of Thornton (06-08-A627X) December 16, 2005; December 23, 2005; *Eastern Colorado News* The Honorable Noel Busck, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, Colorado 80229. Arapahoe City of Centennial (05-08-0333P) January 19, 2006; January 26, 2006; *Littleton Independent* The Honorable Randy Pye, Mayor, City of Centennial, 12503 East Euclid Drive, Suite 200, Centennial, Colorado 80111. Arapahoe Unincorporated Areas of Arapahoe County (05-08-0333P) January 19, 2006; January 26, 2006; *Littleton Independent* The Honorable Lynn Myers, Chair, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, Colorado 80166-0001. Douglas Town of Parker (06-08-B014P) March 30, 2006; April 6, 2006; *Douglas County News—Press* The Honorable David Caiano, Mayor, Town of Parker, 20120 East Mainstreet, Parker, Colorado 80138 . Douglas Town of Parker (06-08-B338P) August 10, 2006; August 17, 2006; *Douglas County News—Press* The Honorable David Caiano, Mayor, Town of Parker, 20120 East Mainstreet, Parker, Colorado 80138. Douglas Unincorporated Areas of Douglas County (06-08-B010P) May 11, 2006; May 18, 2006; *Douglas County News—Press* The Honorable Walter Maxwell, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104. Douglas Unincorporated Areas of Douglas County (06-08-B338P) August 10, 2006; August 17, 2006; *Douglas County News—Press* The Honorable Walter Maxwell, Chairman, Douglas County Board of Commissioners, 100 Third Street, Castle Rock, Colorado 80104. El Paso City of Colorado Springs (06-08-B006P) February 22, 2006; March 1, 2006; *El Paso County News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901. El Paso City of Colorado Springs (05-08-0586P) March 1, 2006; March 8, 2006; *El Paso County News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901. El Paso City of Colorado Springs (04-08-0651P) April 19, 2006; April 26, 2006; *El Paso County News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901. El Paso City of Colorado Springs (05-08-0575P) May 17, 2006; May 24, 2006; *El Paso County News* The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, Colorado 80901. El Paso City of Fountain (05-08-0089P) November 16, 2005; November 23, 2005; *El Paso County News* The Honorable Ken Barela, Mayor, City of Fountain, 116 South Main Street, Fountain, Colorado 80817. El Paso Unincorporated Areas of El Paso County (05-08-0089P) November 16, 2005; November 23, 2005; *El Paso County News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903. El Paso Unincorporated Areas of El Paso County (05-08-0586P) March 1, 2006; March 8, 2006; *El Paso County News* The Honorable Jim Bensberg, Chairman, El Paso County, Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903. El Paso Unincorporated areas of El Paso County (04-08-0651P) April 19, 2006; April 26, 2006; *El Paso County News* The Honorable Jim Bensberg, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, Colorado 80903. Jefferson City of Arvada (05-08-0531P) June 1, 2006; June 8, 2006; *Golden Transcript* The Honorable Ken Fellman, Mayor, City of Arvada, 8101 Ralston Road, Arvada, Colorado 80002. Jefferson City of Golden (06-08-A676P) April 20, 2006; April 27, 2006; *Golden Transcript* The Honorable Charles J. Baroch, Mayor, City of Golden, 701 Ridge Road,Golden, Colorado 80403. Jefferson Unincorporated areas of Jefferson County (06-08-0531P) June 1, 2006; June 8, 2006; *Golden Transcript* The Honorable Jim Congrove, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, Colorado 80419. Jefferson City of Westminster (04-08-0439P) December 7, 2005; December 14, 2005; *Brighton Standard Blade* The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, Colorado 80031. Larimer Unincorporated Areas of Larimer County (05-08-0587P) April 20, 2006; April 27, 2006; Fort Collins Coloradoan The Honorable Kathay Rennels, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, Colorado 80522. Larimer Town of Wellington (05-08-0379P) December 22, 2005; December 29, 2005; *Fort Collins Coloradoan* The Honorable Larry Noel, Mayor, Town of Wellington, P.O. Box 127, Wellington, Colorado 80549. Summit Unincorporated Areas of Summit County (05-08-0618P) June 16, 2006; June 23, 2006; *Summit County Journal* The Honorable Tom Long, Chairman, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, Colorado 80424. Weld Town of Erie (05-08-0364P) November 2, 2005; November 9, 2005; *Erie Review* The Honorable Andrew J. Moore, Mayor, Town of Erie, P.O. Box 750, Erie, Colorado 80516-0100. Weld Town of Pierce (06-08-B003P) January 19, 2005; January 26, 2005; *Greeley Tribune* The Honorable Craig Cleveland, Mayor, Town Pierce, P.O. Box 57, Pierce, Colorado 80650. Weld Town of Severance (05-08-0378P) March 16, 2006; March 23, 2006; *Greeley Tribune* The Honorable Pierre DeMilt Mayor, Town of Severance, P.O. Box 122, Severance, Colorado 80546. Weld Unincorporated Areas of Weld County (06-08-B003P) January 19, 2005; January 26, 2005; *Greeley Tribune* The Honorable William Jerke Chairman, Weld County, Board of Commissioners, P.O. Box 758, Greeley, Colorado 80632. Connecticut: Fairfield Town of Greenwich (05-01-0751P) February 16, 2006; February 23, 2006; *Greenwich Tine* The Honorable Jim Lash, First Selectman, Town of Greenwich, Town Hall, 101 Field Point Road, Greenwich, Connecticut 06830. New Haven Town of Madison (05-01-0798P) August 24, 2006; August 31, 2006; *New Haven Register* The Honorable Thomas S. Scarpati Selectman, Town of Madison, Town Hall, Eight Campus Drive, Madison, Connecticut 06443. New Castle Unincorporated Areas of New Castle County (05-03-1010P) April 14, 2006; April 21, 2006; *Newark Post* The Honorable Christopher A. Coons New Castle County Executive, New Castle County Gov't Center, 87 Reads Way, New Castle, Delaware 19720. New Castle Unincorporated Areas of New Castle County (05-03-0955P) June 22, 2006; June 29, 2006; *News Journal* The Honorable Christopher A. Coons New Castle County Executive, New Castle County Gov't Center, 87 Reads Way, New Castle, Delaware 19720. New Castle Unincorporated Areas of New Castle County (05-03-0432P) July 27, 2006; August 3, 2006; *News Journal* The Honorable Christopher A. Coons New Castle County Executive, New Castle County Gov't Center, 87 Reads Way, New Castle, Delaware 19720. New Castle Unincorporated Areas of New Castle County (05-03-0872P) August 24, 2006; August 31, 2006; *News Journal* The Honorable Christopher A. Coons New Castle County Executive, New Castle County Gov't Center, 87 Reads Way, New Castle, Delaware 19720. Sussex Town of Dagsboro (05-03-0353P) December 28, 2005; January 4, 2006; *Delaware Wave* The Honorable Brad Conner Mayor, Town of Dagsboro, P.O. Box 420, Dagsboro, Delaware 19939. Sussex Unincorporated Areas of Sussex County (05-03-0353P) December 28, 2005; January 4, 2006; *Delaware Wave* Mr. Robert L. Stickels County Administrator, Sussex County, P.O. Box 589, Georgetown, Delaware 19947. Florida: Duval City of Jacksonville (05-04-1679P) November 14, 2005; November 21, 2005; *Daily Record* The Honorable John Peyton Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, Florida 32202-373. Duval City of Jacksonville (05-04-A260P) May 15, 2006; May 22, 2006; *Daily Record* The Honorable John Peyton Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, Florida 32202-373. Duval City of Jacksonville (06-04-B326P) May 15, 2006; May 22, 2006; *Daily Record* The Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, Florida 32202-373. Duval City of Jacksonville (05-04-A259P) June 19, 2006; June 26, 2006; *Daily Record* The Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, Florida 32202-373. Duval City of Jacksonville (06-04-A703P) June 19, 2006; June 26, 2006; *Daily Record* The Honorable John Peyton Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, Florida 32202-373. Duval City of Jacksonville (06-04-BF40P) August 21, 2006; August 28, 2006; *Daily Record* The Honorable John Peyton Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, Florida 32202-373. Hillsborough Unincorporated Areas of Hillsborough County (05-04-1536P) August 24, 2006; August 31, 2006; *St. Petersburg Times* Ms. Patricia G. Bean County Administrator, Hillsborough County, County Center, 26th Floor, 601 East Kennedy Boulevard, Tampa, Florida 33602. Lake City of Mount Dora (05-04-3654P) June 15, 2006; June 22, 2006; *Daily Commercial* The Honorable James E. Yatsuk Mayor, City of Mount Dora, P.O. Box 176, Mount Dora, Florida 32756. Lake Unincorporated Areas of Lake County (05-04-3652P) June 16, 2006; June 23, 2006; *Daily Commercial* The Honorable Catherine C. Hanson Chairman, Lake County, Board of Commissioners, P.O. Box 7800, Tavares, Florida 32778. Manatee Unincorporated Areas of Manatee County (05-04-0296P) March 16, 2006; March 23, 2006; *Bradenton Herald* The Honorable Joe McClash Chairman, Manatee County, Board of Commissioners, P.O. Box 1000, Bradenton, Florida 34206-1000. Manatee Unincorporated Areas of Manatee County (05-04-A393P) May 18, 2006; May 25, 2006; *Bradenton Herald* The Honorable Joe McClash Chairman, Manatee County, Board of Commissioners, P.O. Box 1000, Bradenton, Florida 34206-1000. Marion Unincorporated Areas of Marion County (05-04-A236P) June 22, 2006; June 29, 2006; *Ocala Star Banner* The Honorable Patrick G. Howard, County Administrator, Marion County, 601 Southeast 25th Avenue, Ocala, Florida 34471. Miami Dade City of Miami (06-04-BL20P) July 20, 2006; July 27, 2006; *New Times* The Honorable Manuel A. Diaz, Mayor, City of Miami, Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133. Leon City of Tallahasee (05-04-2969P) May 18, 2006; May 25, 2006; *Tallahasee Democrat* The Honorable John Marks, Mayor, City of Tallahassee, 300 South Adams Street, Tallahassee, Florida 32301. Orange City of Orlando (06-04-BH16P) June 29, 2006; July 6, 2006; *Orlando Weekly* The Honorable Buddy Dyer, Mayor, City of Orlando, P.O. Box 4990, Orlando, Florida 32802. Orange Unincorporated Areas of Orange County (06-04-BH16P) June 29, 2006; July 6, 2006; *Orlando Weekly* The Honorable Richard T. Crotty, Mayor, Orange County, 201 South Rosalind Avenue, Fifth Floor, Orlando, Florida 32801. Orange City of Winter Park (06-04-BH16P) June 29, 2006; July 6, 2006; *Orlando Weekly* The Honorable Kenneth Marchman, Mayor, City of Winter Park, 401 Park Avenue South, Winter Park, Florida 32789. Polk Village of Highland Park (06-04-BP16) July 27, 2006; August 3, 2006; *Polk County Democrat* The Honorable Earl Sehi, Mayor, Village of Highland Park, 1317 North Highland Park Drive, Lake Wales, Florida 33853. Polk City of Lakeland (05-04-2888P) November 10, 2005; November 17, 2005; *The Polk County Democrat* The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, Florida 33801-5012. Polk City of Lakeland (04-04-B007P) January 5, 2006; January 12, 2006; *Polk County Democrat* The Honorable Ralph L. Fletcher, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, Florida 33801-5012. Polk Unincorporated Areas of Polk County (05-04-1899P) November 14, 2005; November 21, 2005; *The Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005. Polk Unincorporated Areas of Polk County (04-04-B007P) January 5, 2006; January 12, 2006; *Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005. Polk Unincorporated Areas of Polk County (05-04-1186P) June 5, 2006; June 12, 2006; *Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005. Polk Unincorporated Areas of Polk County (05-04-1186P) July 27, 2006; August 3, 2006; *Polk County Democrat* Mr. Michael Herr, County Manager, Polk County, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831-9005. Pasco Unincorporated Areas of Pasco County (05-04-1536P) August 24, 2006; August 31, 2006; *St. Petersburg Times* Mr. John J. Gallagher, County Administrator, Pasco County, West Pasco Government Center, 7530 Little Road, Suite 340, New Port Richey, Florida 34654. Pinellas Unincorporated Areas of Pinellas County (05-04-1536P) August 24, 2006; August 31, 2006; *St. Petersburg Times* Mr. Steve Spratt, County Administrator, Pinellas County, 315 Court Street, Clearwater, Florida 33756. Putnam Unincorporated Areas of Putnam County (06-04-B037P) May 18, 2006; May 25, 2006; *Palatka Daily News* Mr. Rick Larry, County Administrator, Putnam County, P.O. Box 758, Palatka, Florida 32178. Santa Rosa Unincorporated Areas of Santa Rosa County (06-04-BA86P) May 17, 2006; May 24, 2006; *Santa Rosa's Press Gazette* The Honorable Robert A. Cole, Chairman, Santa Rosa County Board of Commissioners, 6495 Caroline Street, Suite M, Milton, Florida 32570. Georgia: Barrow Unincorporated Areas of Barrow County (05-04-3757P) April 5, 2006; April 12, 2006; *Barrow County News* The Honorable Douglas H. Garrison, Chairman, Barrow County Board of Commissioners, 233 East Broad Street, Winder, Georgia 30680. Bartow City of Cartersville (05-04-1806P) June 22, 2006; June 29, 2006; *Daily Tribune News* The Honorable Michael G. Fields, Mayor, City of Cartersville, P.O. Box 1390, Cartersville, Georgia 30120. Bartow Unincorporated Areas of Bartow County (05-04-1806P) June 22, 2006; June 29, 2006; *Daily Tribune News* The Honorable Clarence Brown, Bartow County Commissioner, 135 West Cherokee Avenue, Suite 251, Cartersville, Georgia 30120. Cherokee Unincorporated Areas of Cherokee County (05-04-A211P) August 25, 2006; September 1, 2006; *Cherokee Tribune* The Honorable J. Michael Byrd, Chairman, Cherokee County, 90 North Street, Suite 310, Canton, Georgia 30114. Columbia Unincorporated Areas of Columbia County (05-04-2889P) August 23, 2006; August 30, 2006; *Columbia County News-Times* The Honorable Ron C. Cross, Chairman, Board of Commissioners, Columbia County, 908 Nerium Trail, Evans, Georgia 30809. Forsyth Unincorporated Areas of Forsyth County (05-04-2202P) April 12, 2006; April 19, 2006; *Forsyth County News* The Honorable Jack Conway, Commission Chairman, Forsyth County, 110 East Main Street, Suite 210, Cumming, Georgia 30040. Forsyth Unincorporated Areas of Forsyth County (05-04-1738P) May 24, 2006; May 31, 2006; *Forsyth County News* Mr. Jeff L. Quesenberry, County Manager, Forsyth County, 110 East Main Street, Suite 210, Cumming, Georgia 30040. Harris Unincorporated Areas of Harris County (05-04-A568P) June 15, 2006; June 22, 2006; *Harris County Journal* Mr. Kim W. Russell, Executive Director, Harris County, P.O. Box 426, Hamilton, Georgia 31811. Thomas City of Thomasville (06-04-B168P) March 24, 2006; March 31, 2006; *Thomasville Times Enterprise* The Honorable David Lewis, Mayor, City of Thomasville, P.O. Box 1540, Thomasville, Georgia 31799. Hawaii: Maui Unincorporated Areas of Maui County (06-09-A607P) May 25, 2006; June 1, 2006; *Maui News* The Honorable Alan M. Arakaw, Mayor, County of Maui, 200 South High Street, Wailuku, Hawaii 96793. Idaho: Canyon Unincorporated Areas of Canyon County (05-10-0594P) April 20, 2006; April 27, 2006; *Idaho Press Tribune* The Honorable Matt Beebe, Chairman, Canyon County Board of Commissioners, 1115 Albany Street, Caldwell, Idaho 83605. Caribou City of Bancroft (06-10-B109P) June 22, 2006; June 29, 2006; *Caribou County Sun* The Honorable William Lester, Mayor, City of Bancroft, P.O. Box 549, Bancroft, Idaho 83217. Illinois: Adams City of Quincy (05-05-2307P) August 24, 2006; August 31, 2006; *Quincy Herald-Whig* The Honorable John A. Spring, Mayor, City of Quincy, 730 Maine Street, Quincy, Illinois 62301. Adams Unincorporated Areas of Adams County (05-05-2307P) August 24, 2006; August 31, 2006; *Quincy Herald-Whig* The Honorable Mike McLaughlin, Chairman, Adams County Board, 521 Vermont Street, Quincy, Illinois 62301. Cook Unincorporated Areas of Cook County (05-05-1222P) February 16, 2006; February 23, 2006; *Daily Herald* The Honorable John H. Stronger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602. Kankakee Village of Manteno (06-05-BE61P) June 22, 2006; June 29, 2006; *Daily Journal* The Honorable Timothy Nugent, Mayor, Village of Manteno, 269 North Main Street, Manteno, Illinois 60950. Kendall Unincorporated Areas of Kendall County (06-05-B570P) April 13, 2006; April 20, 2006; *Kendall County Record* The Honorable Paul Anderson, County Clerk, Kendall County, 111 Fox Street, Yorkville, Illinois 60560. La Salle Unincorporated Areas of La Salle County (05-05-1524P) April 19, 2006; April 26, 2006; *Mendota Reporter* The Honorable Glen

(Joe)Dougherty, Chairman, La Salle County Board of Commissioners, 707 Etna Road, Ottawa, Illinois 61350. Will Village of Bolingbrook (06-05-B595P) July 14, 2006; July 21, 2006; *Bolingbrook Sun* The Honorable Roger C. Claar, Mayor, Village of Bolingbrook, 375 West Briarcliff Road, Bolingbrook, Illinois 60440. Will Village of Plainfield (06-05-B013P) August 24, 2006; August 31, 2006; *Daily Southtown* The Honorable James A. Waldorf, Village President, Village of Plainfield, 14000 West Lockport Street, Plainfield, Illinois 60544. Will Unincorporated Areas of Will County (05-05-3131P) March 23, 2006; March 30, 2006; *Daily Southtown* The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, Illinois 60432. Will Unincorporated Areas of Will County (06-05-B013P) August 24, 2006; August 31, 2006; *Daily Southtown* The Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, Illinois 60432. Indiana: Bartholomew Unincorporated Areas of Bartholomew County (06-05-BD86P) May 18, 2006; May 25, 2006; *Bartholomew Republic* The Honorable Fred L. Armstrong, Mayor, City of Columbus, Columbus City Hall, 123 Washington Street, Columbus, Indiana 47201. Lake Town of St. John (05-05-A422P) July 20, 2006; July 27, 2006; *Post Tribune* Mr. Stephen Z. Kil, Town Manager, Town of St. John, 10955 West 93rd Avenue, St. John, Indiana 46373. Laporte City of Michigan City (06-05-B876P) July 20, 2006; July 27, 2006; *News Dispatch* The Honorable Chuck Oberlie, Mayor, City of Michigan City, 100 East Michigan Boulevard, Michigan City, Indiana 46360. Marion City of Indianapolis (05-05-0743P) February 10, 2006; February 17, 2006; *Indianapolis Recorder* The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204. Marion City of Indianapolis (05-05-2979P) April 20, 2006; April 27, 2006; *Indianapolis Newspaper Daily Star* The Honorable Bart Peterson, Mayor, City of Indianapolis, 2501 City-County Building, 200 East Washington Street, Indianapolis, Indiana 46204. Iowa: Black Hawk City of Cedar Falls (04-07-A141P) February 23, 2006; March 2, 2006; *Waterloo Courier* The Honorable Jon Crews, Mayor, City of Cedar Falls, 220 Clay Street, Cedar Falls, Iowa 50613. Linn Unincorporated Areas of Linn County (05-07-0212P) April 20, 2006; April 27, 2006; *Cedar Rapids Gazette* The Honorable Linda Langston, Chairperson, Linn County, Board of Supervisors, 930 First Street Southwest, Cedar Rapids, Iowa 52404. Story City of Ames (04-07-A685P) November 10, 2005; November 17, 2005; *The Tribune* The Honorable Ted Tedesco, Mayor, City of Ames, 515 Clark Avenue, Ames, Iowa 50010. Kansas: Cowley City of Arkansas City (04-07-A497P) March 15, 2006; March 22, 2006; *Arkansas City Traveler* The Honorable Joel Hockenbury, Mayor, City of Arkansas City, 118 West Central Avenue, Arkansas City. Kansas 67005. Cowley Unincorporated Areas of Cowley County (04-07-A497P) March 15, 2006; March 22, 2006; *Arkansas City Traveler* The Honorable Gary Wilson, Chairman, Cowley County Board of Commissioners, 311 East Ninth Avenue, Winfield, Kansas 67156. Harvey City of Sedgwick (04-07-A502P) January 26, 2006; February 2, 2006; *The Newton Kansan* The Honorable Keith Dehaven, Mayor, City of Sedgwick, 511 North Commercial, Sedgwick, Kansas 67135. Harvey Unincorporated Areas of Harvey County (04-07-A502P) January 26, 2006; February 2, 2006; *The Newton Kansan* The Honorable Ron Krehbiel, Chairman, Harvey County Board of Commissioners, P.O. Box 687, Newton, Kansas 67114. Johnson City of Overland Park (05-07-A066P) February 9, 2006; February 16, 2006; *Overland Park Sun* The Honorable Carl Gerlach, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, Kansas 66212. Sedgwick Unincorporated Areas Sedgwick County (05-07-0176P) February 9, 2006; February 16, 2006; *Derby Reporter* The Honorable Dave Unruh, Chairman, Sedgwick County Board of Commissioners, 525 North Main Street, Suite 320, Wichita, Kansas 67203. Sedgwick Unincorporated Areas of Sedgwick County (05-07-B015P) June 8, 2006; June 15, 2006; *Wichita Eagle* The Honorable Dave Unruh, Chairman, Sedgwick County Board of Commissioners, 525 North Main Street, Suite 320, Wichita, Kansas 67203. Sedgwick City of Wichita (05-07-0752P) May 18, 2006; May 25, 2006; *Wichita Eagle* The Honorable Carlos Mayans, Mayor, City of Wichita, 455 North Main, Wichita, Kansas 67202. Sedgwick City of Wichita (06-07-B015P) June 8, 2006; June 15, 2006; *Wichita Eagle* The Honorable Carlos Mayans, Mayor, City of Wichita, 455 North Main, Wichita, Kansas 67202. Wyandotte City of Kansas City (04-07-A556P) May 25, 2006; June 1, 2006; *Kansas City Daily Record* The Honorable Joe Reardon, Mayor, Unified Government of Wyandotte County/Kansas City, 701 North Seventh Street, Kansas City, Kansas 66101. Kentucky: Warren City of Bowling Green (05-04-1251P) March 30, 2006; April 6, 2006; *Park City Daily News* The Honorable Elaine Walker, Mayor, City of Bowling Green, P.O. Box 430, Bowling Green, Kentucky 42101. Louisiana: St. Tammy Parish St. Tammy Parish (06-06-BA65P) August 2, 2006; August 9, 2006; *St. Tammy News* The Honorable Kevin Davis, Parish President, St. Tammy Parish, P.O. Box 628, Covington, Louisiana 70434. St. Tammy Parish St. Tammy Parish (06-06-BD86P) September 13, 2006; September 20, 2006; *St. Tammy News* The Honorable Kevin Davis, Parish President, St. Tammy Parish, P.O. Box 628, Covington, Louisiana 70434. Massachusetts: Barnstable Town of Barnstable (05-01-0764P) March 30, 2006; April 6, 2006; *Cape Cod Times* Mr. John C. Klimm, Town Manager, Town of Barnstable, Barnstable Town Hall, 369 Main Street, Hyannis, Massachusetts 02601. Barnstable Town of Bourne (05-01-A062P) May 25, 2006; June 1, 2006; *Cape Cod Times* Mr. Thomas Guerino, Town Administrator, Town of Bourne, Town Hall, 24 Perry Avenue, Bourne, Massachusetts 02532. Barnstable Town of Provincetown (05-01-0580P) May 11, 2006; May 18, 2006; *Cape Cod Times* Mr. Keith A. Bergman, Town Manager, Town of Provincetown, Provincetown Town Hall, 260 Commercial Street, Provincetown, Massachusetts 02657. Plymouth Town of Duxbury (05-01-0410P) December 1, 2005; December 8, 2005; *The Enterprise* The Honorable John J. Tuffy, Chairman, Board of Selectman, Town of Duxbury, Town Hall, 878 Tremont Street, Duxbury, Massachusetts 02332. Worcester Town of Milford (05-01-0129P) December 8, 2005; December 15, 2005; *Milford Daily News* The Honorable Dino B. DeBartolomeis, Chairman, Board of Selectman, Town of Milford, 52 Main Street, Milford, Massachusetts 01757. Maine: Cumberland City of Falmouth (05-01-0287P) June 22, 2006; June 29, 2006; *Falmouth Community Leader* Mr. John D. Harris, Town Manager, Town of Falmouth, 271 Falmouth Road, Falmouth, Maine 04105. Cumberland City of Falmouth (06-01-B534P) August 17, 2006; August 24, 2006; *Falmouth Community Leader* Mr. John D. Harris, Town Manager, Town of Falmouth, 271 Falmouth Road, Falmouth, Maine 04105. Cumberland Town of Harpswell (05-01-B113P) June 15, 2006; June 22, 2006; *Portland Press Herald* The Honorable Gordon L. Wei, Chair, Board of Selectmen, Town of Harpswell, P.O. Box 39, Harpswell, Maine 04079. Cumberland Town of Standish (05-01-A566P) May 11, 2006; May 18, 2006; *Portland Press Herald* Mr. Gordon F. Billington, Town Manager, Town of Standish, 175 Northeast Road, Standish, Maine 04084. Cumberland Town of Standish (05-01-B168P) August 31, 2006; September 7, 2006; *Portland Press Herald* Mr. Gordon F. Billington, Town Manager, Town of Standish, 175 Northeast Road, Standish, Maine 04084. Cumberland Town of Windham (06-01-B270P) September 14, 2006; September 21, 2006; *Portland Press Herald* The Honorable John MacKinnon, Chairman, Windham Town Council, Eight School Road, Windham, Maine 04062. Washington Town of Milbridge (05-01-0691P) May 11, 2006; May 18, 2006; *Bangor Daily News* Mr. Fred Ventresco, Town Manager, Town of Milbridge, P.O. Box 66, Milbridge, Maine 04658. York Town of Alfred (05-01-B101X) February 23, 2006; March 2, 2006; *York County Coast Star* The Honorable John Sylvestor, Chair, Board of Selectman, Town of Alfred, P.O. Box 667, Alfred, Maine 04002. York Town of Lyman (05-01-B101X) February 23, 2006; March 2, 2006; *York County Coast Star* The Honorable Norman Hutchins, Chair, Board of Selectman, Town of Lyman, 11 South Waterboro Road, Lyman, Maine 04002. Maryland: Carroll Unincorporated Areas of Carroll County (05-03-0321P) August 31, 2006; September 7, 2006; *Carroll County Times* The Honorable Julia W. Gouge, President, Carroll County Board of Commissioners, 225 North Center Street, Westminster, Maryland 21157. Frederick City of Frederick (05-03-0831P) June 14, 2006; June 21, 2006; *Frederick News Post* The Honorable William J. Holtzinger, Mayor, City of Frederick, City Hall, 101 North Court Street, Frederick, Maryland 21701-5415. Frederick Unincorporated Areas of Frederick County (05-03-0831P) June 14, 2006; June 21, 2006; *Frederick News Post* The Honorable John L. Thompson, President, Frederick County Board of Commissioners, 12 East Church Street, Frederick, Maryland 21701. Michigan: Kalamazoo City of Kalamazoo (05-05-2181P) June 22, 2006; June 29, 2006; *Kalamazoo Gazette* Mr. Kenneth P. Collard, City Manager, City of Kalamazoo, City Hall, 241 West South Street, Kalamazoo, Michigan 49007. Kalamazoo City of Portage (05-05-2181P) June 22, 2006; June 29, 2006; *Kalamazoo Gazette* Mr. Maurice S. Evans, City Manager, City of Portage, City Hall, 7900 South Westmedge Avenue, Portage, Michigan 49002. Wayne Township of Canton (05-05-3132P) February 16, 2006; February 23, 2006; *Canton Eagle* The Honorable Thomas J. Yack, Supervisor, Township of Canton, 1150 South Canton Center Road, Canton, Michigan 48188. Minnesota: Isanti City of Isanti (04-05-B083P) January 4, 2006; January 11, 2006; *Isanti County News* The Honorable David Apitz, Mayor, City of Isanti, P.O. Box 126, Isanti, Minnesota 55040. Isanti Unincorporated Areas of Isanti County (04-05-B083P) January 4, 2006; January 11, 2006; *Isanti County News* The Honorable Tom Pagel, Chair, Isanti County Board of Commissioners, Isanti County Government Center, 509-555 18th Avenue Southwest, Cambridge, Minnesota 55008. Ramsey City of Shoreview (04-05-B066P 06-05-BD34X)) December 13, 2005; December 20, 2005; *The Shoreview Press* The Honorable Sandy Martin, Mayor, City of Shoreview, 4600 Victoria Street North, Shoreview, Minnesota 55126. Rice City of Northfield (05-05-1343P) November 16, 2005; November 23, 2005; *Northfield News* The Honorable Lee Lansing, Mayor, City of Northfield, City Hall, 801 Washington Street, Northfield, Minnesota 55057. Rice Unincorporated Areas of Rice County (05-05-1343P) November 16, 2005; November 23, 2005; *Northfield News* The Honorable Jim Brown, Chairperson, Rice County Board of Commissioners, 320 Northwest Third Street, Faribault, Minnesota 55021. Missouri: Clay, Jackson , Platte City of Kansas City (05-07-0483P) January 26, 2006; February 2, 2006; *Kansas City Daily Record* The Honorable Kay Barnes, Mayor, City of Kansas City, 414 East 12th Street, Kansas City, Missouri 64106. Clay, Jackson , Platte City of Kansas City (04-07-A556P) May 25, 2006; June 1, 2006; *Kansas City Daily Record* The Honorable Kay Barnes, Mayor, City of Kansas City, 414 East 12th Street, Kansas City, Missouri 64106. Howell City of West Plains (05-07-A513P) May 18, 2006; May 25, 2006; *West Plains Daily Quill* The Honorable Joe Paul Evans, Mayor, City of West Plains, P.O. Box 710, West Plains, Missouri 65775-0710. Jackson City of Grain Valley (04-07-A290P) February 23, 2006; March 3, 2006; *The Independence Examiner* The Honorable David Halphin, Mayor, City of Grain Valley, 711 Main Street, Grain Valley, Missouri 64029. Jefferson City of De Soto (06-07-B476P) May 18, 2006; May 25, 2006; *Jefferson County Leader* The Honorable Werner Stichling, Mayor, City of De Soto, 411 Lueking Drive, De Soto, Missouri 63020. Platte City of Northmoor (04-07-A556P) May 25, 2006; June 1, 2006; *The Landmark* The Honorable Harlan Shaver, Jr., Mayor, City of Northmoor, 4907 Northwest Waukomis Drive, Northmoor, Missouri 64151. Platte City of Parkville (04-07-A556P) May 25, 2006; June 1, 2006; *The Landmark* The Honorable Kathy Dusenbery, Mayor, City of Parkville, 1201 East Street, Parkville, Missouri 64152. Platte City of Riverside (04-07-A556P) May 25, 2006; June 1, 2006; *The Landmark* The Honorable Kathy Rose, Mayor, City of Riverside, 2950 Northwest Vivion Road, Riverside, Missouri 64150. Pettis City of Sedalia (05-07-0407P) June 22, 2006; June 29, 2006; *Sedalia Democrat* The Honorable Bob Wasson, Mayor, City of Sedalia, P.O. Box 1707, Sedalia, Missouri 65301. Phelps City of Rolla (05-07-0279P) December 15, 2005; December 22, 2005; *Rolla Daily News* The Honorable Joseph E. Morgan, Mayor, City of Rolla, 102 West Ninth Street, Rolla, Missouri 65401. St. Charles City of O'Fallon (04-07-A649P) April 19, 2006; April 26, 2006; *St. Charles Journal* The Honorable Donna Morrow, Mayor, City of O'Fallon, 100 North Main Street, O'Fallon, Missouri 63366. St. Charles Unincorporated Areas of St. Charles County (04-07-A649P) April 19, 2006; April 26, 2006; *St. Charles Journal* The Honorable Joe Ortwerth, County Executive, St. Charles County, Historic Courthouse, 100 North Third Street, St. Charles, Missouri 63301. St. Louis City of Chesterfield (04-07-A535P) (06-07-B229X) January 5, 2006; January 12, 2006; *St. Louis American* The Honorable John Nations, Mayor, City of Chesterfield, 690 Chesterfield Parkway West, Chesterfield, Missouri 63017-0670. St. Louis City of Maryland Heights (04-07-A535P) (06-07-B229X) January 5, 2006; January 12, 2006; *St. Louis American* The Honorable Mike Moeller, Mayor, City of Maryland Heights, 212 Millwell Drive, Maryland Heights, Missouri 63043. St. Louis City of Eureka (06-07-B002P) June 21, 2006; June 28, 2006; *St. Louis Daily Record* The Honorable Kevin M. Coffey, Mayor, City of Eureka, P.O. Box 125, Eureka, Missouri 63025. St. Louis City of Valley Park (06-07-B081P) April 19, 2006; April 26, 2006; *West County Suburban Journal* The Honorable Jeffery J. Whitteaker, Mayor, City of Valley Park, 320 Benton Street, Valley Park, Missouri 63088. St. Louis City of Wildwood (06-07-B002P) June 21, 2006; June 28, 2006; *St. Louis Daily Record* The Honorable Edward L. Marshall, Mayor, City of Wildwood, City Hall 16962, Manchester Road, Wildwood, Missouri 63040. Madison City of Madison (06-04-BC51P) June 15, 2006; June 22, 2006; *Madison County Journal* The Honorable Mary Hawkins Butler, Mayor, City of Madison, P.O. Box 40, Madison, Mississippi 39130-004. Madison City of Madison (06-04-B265P) June 22, 2006; June 29, 2006; *Madison County Journal* The Honorable Mary Hawkins Butler, Mayor, City of Madison, P.O. Box 40, Madison, Mississippi 39130-004. Madison Unincorporated Areas of Madison County (06-04-B265P) June 22, 2006; June 29, 2006; *Madison County Journal* The Honorable Timothy L. Johnson, President, Madison County Board of Supervisors, P.O. Box 608, Canton, Mississippi 39046. Rankin City of Brandon (06-04-B977P) August 16, 2006; August 23, 2006; *Rankin County News* The Honorable Carlo Martella, Mayor, City of Brandon, P.O. Box 1539, Brandon, Mississippi 39043. Simpson City of Magee (05-04-1476P) December 15, 2005; December 22, 2005; *The Magee Courier* The Honorable Jimmy Clyde, Mayor, City of Magee, 123 Main Avenue North, Magee, Mississippi 39111. Montana: Gallatin City of Three Forks (05-08-A579P) March 23, 2006; March 30, 2006; *Bozeman Daily Chronicle* The Honorable Gene Townsend, Mayor, City of Three Forks, P.O. Box 187, Three Forks, Montana 59752. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17253 Filed 10-16-06; 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 Dates:* The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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 *Existing Elevation in feet

(NGVD)+Modified Elevation in feet

(NAVD)Modified City of Sundance, Wyoming Docket No.: FEMA-B-7460 WY City of Sundance Sundance Creek 1.9 miles downstream of Sundance Pond Confluence of North Fork and South Fork Sundance Creek +4,584 4,759 North Fork Sundance Creek Confluence with Sundance Creek 800 feet upstream of West Street Confluence of North Fork Sundance Creek +4,759 +4,799 +4,759 South Fork Sundance Creek 350 feet upstream of State Highway 90 +4,792 #Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES: Maps are available for inspection at: City Hall Send Comments to: The Honorable James Miller, Mayor, City of Sundance, 213 Main Street, Sundance, Wyoming 82729 Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Lexington/ Fayette County, Kentucky and Incorporated Areas Docket No.: FEMA-B-7456 Bryant Tributary Confluence with North Elkhorn Creek +942.8 Lexington/Fayette. At I-75 +984.8 Bowman Mill Tributary Confluence with South Elkhorn Creek +890.0 Lexington/Fayette. Approximately 880 feet upstream of Palomar Drive +940.0 Cave Hill Tributary Confluence with Bowman Mill Tributary +901.9 Lexington/Fayette. Approximately 370 feet upstream of the farm road culvert +940.0 Southpoint Tributary Confluence with West Hickman Creek +892.0 Lexington/Fayette. Approximately 2,800 feet upstream of Southpoint Drive +947.1 Wolf Run Creek Beacon Hill Road culvert +921.8 Lexington/Fayette. Approximately 300 feet upstream of Nicholasville Road +990.9 - Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES: Lexington Fayette Urban County Government: Maps are available for inspection at LFUCG-Division of Planning, 200 East Main Street, 10th Floor, Lexington, KY 40507 or LFUCG-Division of Engineering, 101 East Vine Street, 4th Floor, Lexington, KY 40507 Send comments to the Honorable Teresa Ann Isaac, Mayor, Lexington Fayette Urban County Government, 200 East Main St., Lexington, KY 40507 Philadelphia County, Pennsylvania and Incorporated Areas Docket No.: FEMA-B-7458 Byberry Creek Approximately 500 feet downstream from Thornton Road *88 City of Philadelphia. Approximately 900 feed upstream from Roosevelt Boulevard *136 Tributary to Poquessing Creek Approximately 1,280 feet downstream from Whitney Street *144 City of Philadelphia. Approximately 1,400 feet upstream from SEPTA bridge *180 #Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES: City of Philadelphia: Maps are available for inspection at Philadelphia City Planning Commission, Philadelphia, PA 19102 Send comments to Mr. William Erickson, City Planner, City of Philadelphia, 1515 Arch Street, 13th Floor, Philadelphia, PA 19102 Laramie County Wyoming, and Incorporated Areas Docket No.: FEMA-B-7459 Allison Draw At Confluence with Crow Creek +5949 Laramie County (Uninc. Areas). At West College Drive +6017 South Fork Allison Draw At Confluence with Allison Draw +5993 Laramie County (Uninc. Areas). At East College Drive +6000 # Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES: Unincorporated Areas of Laramie County: Maps are available for inspection at Laramie County Planning Department, 310 West 19th Street, Suite 400, Cheyenne, WY 82001. Send comments to Commissioner Diane Humphrey, Chairman, Board of Commissioners, 310 West 19th Street, Suite 300, Cheyenne, WY 82001. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17257 Filed 10-16-06; 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 Dates:* The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Sedgwick County, Kansas, and Incorporated Areas [Docket No.: FEMA-P-7911] Armour Branch Gypsum Creek At confluence with Gypsum Creek +1,322 City of Eastborough, City of Wichita. Approximately 1,120 feet upstream of Rockwood Road +1,368 Big Slough South Approximately 500 feet upstream of confluence with Arkansas River +1,258 City of Wichita, Sedgwick County (Unincorporated Areas). Approximately 2,830 feet upstream of South Meridian Avenue +1,286 Calfskin Creek At confluence with Cowskin Creek +1,316 City of Wichita, Sedgwick County (Unincorporated Areas). Approximately 5,070 feet upstream of South 119th Street West +1,324 Cowskin Creek At confluence with Wichita Valley Center Floodway +1,279 City of Colwich, City of Maize, City of Wichita, Sedgwick County (Unincorporated Areas). Approximately 4,000 feet downstream of State Highway 296 +1,368 Dry Creek of Gypsum Creek At confluence with Gypsum Creek +1,290 City of Wichita. Approximately 150 feet upstream of the confluence with Gypsum Creek +1,290 Dry Creek North of Cowskin Creek At confluence with Cowskin Creek +1,347 Sedgwick County (Unincorporated Areas). At West 167th Street North +1,386 Dry Creek South of Cowskin Creek At confluence with Cowskin Creek +1,292 Sedgwick County (Unincorporated Areas). At South Maize Road +1,317 Dry Creek of Spring Creek Just downstream of East Madison Avenue +1,266 City of Derby, Sedgwick County (Unincorporated Areas). Approximately 50 feet upstream of East 55th Street South +1,331 East Branch Gypsum Creek At confluence with Gypsum Creek +1,334 City of Wichita. Approximately 100 feet upstream of East Central Parkway +1,343 East Branch Gypsum Creek (Splitflow) At convergence with East Branch Gypsum Creek +1,340 City of Wichita. At divergence from East Branch Gypsum Creek +1,342 East Fork Chisholm Creek At confluence with Wichita Drainage Canal +1,306 City of Wichita. At Interstate Highway 135 Access Road +1,306 Fabrique Branch Gypsum Creek At confluence with Gypsum Creek +1,317 City of Wichita. Approximately 150 feet upstream of Pedestrian Bridge/East Zimmerly Avenue +1,325 Frisco Ditch Approximately 140 feet upstream of Interstate Highway 135 +1,300 City of Wichita. Approximately 600 feet upstream of Northeast Cemetery Road +1,366 Gypsum Creek At confluence with Wichita Drainage Canal +1,278 City of Wichita, Sedgwick County (Unincorporated Areas). At confluence of Middle and West Branches of Gypsum Creek +1,338 Little Arkansas River (Upper Reach) Approximately 2,400 feet downstream of Wichita Valley Center Floodway Control Structure +1,340 Sedgwick County (Unincorporated Areas). At County Boundary +1,372 Middle Branch Gypsum Creek At confluence with Gypsum Creek +1,339 City of Wichita. Approximately 2,400 feet upstream of East Tipperary Street +1,352 Middle Fork Calfskin Creek Approximately 70 feet upstream of the confluence with North Fork Calfskin Creek +1,325 City of Wichita. Approximately 3,375 feet upstream of confluence with North Fork Calfskin Creek +1,340 North Fork Calfskin Creek At confluence with Calfskin Creek +1,322 City of Wichita, Sedgwick County (Unincorporated Areas). Approximately 4,350 feet upstream of North 135th Street West +1,370 Rock Road South Tributary Gypsum Creek Approximately 650 feet upstream of South Rock Road +1,326 City of Wichita. Approximately 3,730 feet upstream of East Harry Street +1,347 Spring Creek Approximately 1,700 feet upstream of the confluence with Arkansas River +1,237 City of Derby, Sedgwick County (Unincorporated Areas). Approximately 50 feet upstream of East 63rd Street South/South Greenwich Road +1,309 Tributary to North Fork Calfskin Creek At confluence with North Fork Calfskin Creek +1,346 City of Wichita, Sedgwick County (Unincorporated Areas). Approximately 3,930 feet upstream of North 151st Street West +1,381 West Branch Gypsum Creek At confluence with Gypsum Creek +1,338 City of Wichita. Approximately 175 feet upstream of East Farmview Lane +1,382 *National Geodetic Vertical Datum: #Depth in feet above ground +North American Vertical Datum ADDRESSES: City of Colwich: Maps are available for inspection at the Community Map Repository, City Hall, 310 South Second Street, Colwich, Kansas. City of Derby: Maps are available for inspection at the Community Map Repository, City Hall, 611 Mulberry Street, Derby, Kansas. City of Eastborough: Maps are available for inspection at the Community Map Repository, City Hall, 1 Douglas Street, Wichita, Kansas. City of Maize: Maps are available for inspection at the Community Map Repository, City Hall, 123 Khedive, Maize, Kansas. Sedgwick County, Kansas (Unincorporated Areas): Maps are available for inspection at the Community Map Repository, Office of Stormwater Management, 455 North Main Street, 8th Floor, Wichita, Kansas. City of Wichita: Maps are available for inspection at the Community Map Repository, Office of Stormwater Management, 455 North Main Street, 8th Floor, Wichita, Kansas. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17258 Filed 10-16-06; 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 Dates:* The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground modified Communities affected Clear Creek County, Colorado and Incorporated Areas Docket No.: FEMA-B-7458 Chicago Creek Confluence With Clear Creek 2.24 miles upstream of state Highway 103 +7,546 +7,898 Clear Creek County (Unincorporated Areas) and City of Idaho Springs. Clear Creek Upstream side of I-70 (Alvorado Road) +8,275 Town of Georgetown. The bottom spillway of the Georgetown Dam +8,430 Clear Creek 0.27 miles upstream of the confluence with Spring Gulch +7,836 Clear Creek County (Unincorporated Areas). 3.77 miles upstream of the confluence with Spring Gulch +8,180 Fall River Confluence with Clear Creek Three miles upstream of confluence with Clear Creek +7,716 +8,394 Clear Creek County (Unincorporated Areas). # Depth in feet above ground. *National Geodetic Vertical Datum. +North American Vertical Datum. ADDRESSES: Unincorporated Areas of Clear Creek County: Maps are available for inspection at: The County Courthouse. Send Comments to: Mr. Harry Dale, Chairman, Clear Creek County Commissioners, 405 Argentine Street, Georgetown, Colorado 80444. Town of Georgetown: Maps are available for inspection at: Town Hall. Send comments to The Honorable Robert C. Smith, Mayor, Town of Georgetown, 404 6th Street, Georgetown, Colorado 80444. City of Idaho Springs: Maps are available for inspection at: City Hall. Send comments to: The Honorable Dennis Lundery, Mayor, City of Idaho Springs, 1711 Miner Street, Idaho Springs, Colorado 80452. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17259 Filed 10-16-06; 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 Dates: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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: Flooding source(s) Location of referenced elevation +Elevation in feet

(NGVD)*Elevation in feet

(NAVD)#Depth in feet above ground modified Communities affected Athens—Clark County, Georgia Docket No.: FEMA-B-7463 Brooklyn Creek Tributary A At the confluence with Brooklyn Creek *697 Athens—Clark County. Approximately 40 feet upstream of the confluence with Brooklyn Creek *697 McNutt Creek At the confluence with Middle Oconee River *558 Athens—Clark County/ Approximately 1,230 feet downstream of U.S. Highway 441/U.S. Highway 129/State Highway 15 and Macon Highway *559 Trail Creek At the confluence with North Oconee River *615 Athens—Clark County. Approximately 550 feet downstream of Broad Street *615 Tributary A-1 At the confluence with Tributary A *659 Athens—Clark County. Approximately 100 feet upstream of the confluence with Tributary A *659 Tributary A-2 At the confluence with Tributary A *695 Athens—Clark County. Approximately 260 feet upstream of the confluence with Tributary A *698 Tributary H At the confluence with Big Creek *607 Athens—Clark County. Approximately 870 feet upstream of the confluence with Big Creek *609 #Depth in feet above ground. *National Geodetic Vertical Datum. +North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.194 feet. ADDRESSES: Maps are available for inspection at the Athens-Clark County Public Works Department, 120 West Dougherty Street, Athens, Georgia. Send comments to The Honorable Heidi Davison, Mayor, City of Athens-Clark County, 301 College Avenue, Athens, Georgia 30601. Bibb County, Georgia (Unincorporated Areas) Docket No.: FEMA-B-7463 Walnut Creek Approximately 400 feet upstream of Interstate Highway 16 *299 Bibb County (Unincorporated Areas). Just downstream of the Norfolk Southern Railway *300 #Depth in feet above ground. *National Geodetic Vertical Datum. +North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.4 feet. ADDRESSES: Maps are available for inspection at the Bibb County Engineering Office, 780 Third Street, Macon, Georgia. Send comments to The Honorable Charles Bishop, Chairman, Bibb County Board of Commissioners, 601 Mulberry Street, Macon, Georgia 31201. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17260 Filed 10-16-06; 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 Dates: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr. CFM, Acting Section Chief, 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: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Chatham County, North Carolina and Incorporated Areas FEMA Docket Nos. D-7646 and D-7660 B. Everett Jordan Lake For its entire shoreline +238 Chatham County (Unincorporated Areas), Town of Pittsboro. Bear Creek Approximately 0.6 mile upstream of Edwards Hill Church Road +456 Chatham County (Unincorporated Areas). Approximately 2.7 miles upstream of confluence of Bear Creek Tributary 1 +479 Bear Creek (into Indian Creek) At the confluence of Indian Creek (into Deep River) +242 Chatham County (Unincorporated Areas). Approximately 400 feet upstream of Bonlee Carbonton Road +391 Bear Creek Tributary 1 At the confluence with Bear Creek +457 Chatham County (Unincorporated Areas). Approximately 0.5 mile upstream of confluence with Bear Creek +459 Beaver Creek At the Chatham and Wake County boundary +238 Chatham County (Unincorporated Areas). At the confluence with B. Everett Jordan Lake +238 Beaver Creek Tributary 1 At the confluence with Beaver Creek and B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 1.3 miles upstream of Tody Goodwin Road +275 Beaver Creek Tributary 2 At the confluence with Beaver Creek and B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 1.1 miles upstream of Tody Godwin Road +251 Beaver Creek Tributary 3 At the confluence with Beaver Creek and B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Beaver Creek and B. Everett Jordan Lake +263 Blood Run Creek At Chatham and Randolph County boundary +495 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 0.3 mile upstream of U.S. 64 +594 Brooks Creek Approximately 2.2 miles upstream of the confluence with Haw River +383 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 0.6 mile upstream of Old Graham Road +444 Brooks Creek Tributary 1 At the confluence with Brooks Creek +384 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 970 feet upstream of Russells Chapel Church Road +397 Brush Creek At the Chatham and Randolph County boundary +499 Chatham County (Unincorporated Areas), Town of Siler City. At the Chatham and Randolph County boundary +552 Buckhorn Creek At the confluence with Cape Fear River +155 Chatham County (Unincorporated Areas). At the Harris Reservoir Dam +177 Buckhorn Creek Tributary 1 At the confluence with Buckhorn Creek +168 Approximately 0.6 mile upstream of the confluence with Buckhorn Creek +237 Chatham County (Unincorporated Areas). Buckhorn Creek Tributary 2 At the confluence with Buckhorn Creek +175 Approximately 0.7 mile upstream of the confluence with Buckhorn Creek +222 Chatham County (Unincorporated Areas). Buckhorn Creek Tributary 3 At the confluence with Buckhorn Creek +177 Chatham County (Unincorporated Areas). Approximately 0.1 mile upstream of the Railroad +191 Buckhorn Creek Tributary 4 At the confluence with Harris Reservoir +232 Chatham County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with the Harris Reservoir +282 Bush Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 1.4 miles upstream of Big Woods Road +253 Cape Fear River At the Chatham and Harnett County boundary +152 Chatham County (Unincorporated Areas). At the confluence with Deep River and Haw River +177 Cedar Creek At the confluence with Deep River +233 Chatham County (Unincorporated Areas). Approximately 1.2 miles upstream of Henry Oldham Road +248 Cedar Creek Tributary 1 At the confluence with Cedar Creek +233 Chatham County (Unincorporated Areas). Approximately 1.4 miles upstream of Henry Oldham Road +252 Cedar Creek Tributary 2 At the confluence with Cedar Creek Tributary 1 +236 Chatham County (Unincorporated Areas). Approximately 0.4 mile upstream of Unnamed Road +259 Collins Creek At the confluence with the Haw River +402 Chatham County (Unincorporated Areas). Approximately 0.45 mile upstream of the confluence of Persimmons Nursery Branch at the Chatham and Orange County boundary +451 Crooked Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). At the Chatham and Durham County boundary +239 Crows Creek At the confluence with Terrells Creek +369 Chatham County (Unincorporated Areas). Approximately 550 feet upstream of Eagle Point Road +406 Cub Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 1.0 mile upstream of Nature Trail Road +271 Deep River At the confluence with Cape Fear River +177 Chatham County (Unincorporated Areas). At the Chatham, Moore, and Lee County boundaries +250 Deep River Tributary 5 At the confluence with Deep River +240 Chatham County (Unincorporated Areas). Approximately 2,200 feet upstream of Alton King Road +274 Deep River Tributary 6 At the confluence with Deep River Tributary 5 +240 Chatham County (Unincorporated Areas). Approximately 0.7 mile upstream of Alton King Road +252 Deep River Tributary 7 At the confluence with Deep River +240 Chatham County (Unincorporated Areas). Approximately 1.6 miles upstream of Alton King Road +300 Deep River Tributary 8 At the confluence with Deep River +240 Chatham County (Unincorporated Areas). Approximately 0.5 mile upstream of Alton King Road +245 Dry Creek At the confluence with Haw River +337 Chatham County (Unincorporated Areas). Approximately 2.9 miles upstream of Silk Hope Gum Springs Road +532 East Price Creek At the Chatham and Orange County boundary +402 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of the Chatham County boundary +426 Folkner Branch At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 500 feet upstream of Farrells Creek Road +256 Georges Creek At the confluence with Deep River +225 Chatham County (Unincorporated Areas). Approximately 2.5 miles upstream of Rosser Road +260 Georges Creek Tributary 1 At the confluence with Georges Creek +225 Chatham County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Georges Creek +244 Georges Creek Tributary 2 At the confluence with Georges Creek +225 Chatham County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Georges Creek +237 Greenbriar Creek At the confluence with Rocky River +586 Chatham County (Unincorporated Areas). At the Alamance and Chatham County boundary +632 Gulf Creek At the confluence with Cape Fear River +172 Chatham County (Unincorporated Areas) Approximately 1.7 miles upstream of Unnamed Road +191 Harlands Creek At the confluence with Rocky River +331 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 800 feet upstream of U.S. 64 +428 Harlands Creek Approximately 800 feet upstream of U.S. 64 +428 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 1.6 miles upstream of U.S. 64 +445 Harlands Creek At the confluence with Rocky River +331 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 800 feet upstream of U.S. 64 +428 Harris Reservoir For its entire shoreline +232 Chatham County (Unincorporated Areas). Harts Creek At the confluence with Bear Creek +357 Chatham County (Unincorporated Areas) Approximately 1.6 miles upstream of the confluence with Bear Creek +403 Haw River At the confluence with Deep River and Cape Fear River +177 Chatham County (Unincorporated Areas), Town of Pittsboro Approximately 0.9 mile upstream of the confluence of Terrells Creek

(West)at the Alamance and Chatham County boundary +400 Herndon Creek At the confluence with Bush Creek +238 Chatham County (Unincorporated Areas). Approximately 0.8 mile upstream of Jack Bennett Road +251 Hill Creek At the confluence with Robeson Creek +369 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 300 feet upstream of X-Campbell Road +511 Chatham County (Unincorporated Areas), Town of Pittsboro. Indian Creek (into Deep River) At the confluence of Deep River +240 Chatham County (Unincorporated Areas). Approximately 0.2 mile upstream of Goldston Glendon Road +336 Indian Creek (into Jordan Lake) Approximately 1.1 miles upstream of State Highway 751 +238 Chatham County (Unincorporated Areas). At the confluence with B. Everett Jordan Lake +238 Kit Creek At the confluence with Northeast Creek +238 Chatham County (Unincorporated Areas). At Chatham and Wake County +243 Lacy Creek At the confluence with Rocky River +539 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 0.7 mile upstream of confluence with Rocky River +565 Landrum Creek At the confluence with Rocky River +337 Chatham County (Unincorporated Areas). Approximately 500 feet upstream of Pleasant Hill Church Road +500 Landrum Creek Tributary At the confluence with Landrum Creek +456 Chatham County (Unincorporated Areas). Approximately 0.9 mile upstream of Jay Shambley Road +468 Lick Branch Approximately 1,200 feet upstream of State Highway 751 +238 Chatham County (Unincorporated Areas). At the confluence with B. Everett Jordan Lake +238 Lick Creek At the confluence with Terrells Creek

(West)+424 Chatham County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence with Terrells Creek

(West)+473 Line Creek At the confluence with Deep River +250 Chatham County (Unincorporated Areas). Approximately 1.0 mile upstream of Goldston Carbanton Road +271 Little Beaver Creek Approximately 1.0 mile upstream of the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas) Little Beaver Creek Tributary Approximately 0.7 mile upstream of the confluence with Little Beaver Creek +238 Chatham County (Unincorporated Areas). At the confluence with Little Beaver Creek +238 Little Brush Creek At the Chatham and Randolph County boundary +454 Chatham County (Unincorporated Areas). Town of Siler City Approximately 1.6 miles upstream of Jim Paige Road +543 Little Indian Creek At the confluence with Indian Creek (into Deep River) +240 Chatham County (Unincorporated Areas). Approximately 900 feet upstream of Goldston Glendon Road +378 Long Branch At the confluence with Dry Creek +448 Chatham County (Unincorporated Areas). Approximately 1.5 miles upstream of State Route 87 +497 Loves Creek At the confluence with Rocky River +501 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 0.1 mile upstream of Pine Forest South Drive +605 Loves Creek Tributary 1 At the confluence with Loves Creek +557 Town of Siler City. Approximately 400 feet upstream of U.S. 64 +620 Loves Creek Tributary 2 At the confluence with Loves Creek Tributary 1 +585 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 0.6 mile upstream of West Dolphin Street +666 Loves Creek Tributary 3 At the confluence with Loves Creek Tributary 1 +592 Town of Siler City. Approximately 400 feet upstream of Garden Avenue +648 Meadow Branch At the confluence with Terrells Creek +381 Chatham County (Unincorporated Areas). Approximately 350 feet upstream of Jones Ferry Road +389 Meadow Creek At the confluence with Rocky River +437 Chatham County (Unincorporated Areas). Approximately 1.3 miles upstream of Rives Chapel Church Road +506 Mill Branch At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with B. Everett Jordan Lake +244 Morgan Creek At the Chatham and Durham County boundary +238 Chatham County (Unincorporated Areas). At the confluence with B. Everett Jordan Lake +238 Morris Branch At the confluence with Panther Creek +238 Chatham County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Panther Creek +249 Mud Lick Creek At the confluence with Rocky River +544 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of Silk Hope Liberty Road +597 Nancy Branch At the confluence with Panther Creek +238 Chatham County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Panther Creek +239 New Hope River Tributary 1 At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 0.3 mile upstream of B. Everett Jordan Lake +247 North Prong Rocky River At the confluence with Rocky River +587 Chatham County (Unincorporated Areas). At the Alamance and Chatham County boundary +648 Northeast Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). At the Chatham and Durham County boundary +240 Overcup Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 1.1 miles upstream of B. Everett Jordan Lake +253 Overcup Creek Tributary At the confluence with Overcup Creek +238 Chatham County (Unincorporated Areas). Approximately 1.0 mile upstream of Overcup Creek +245 Panther Creek At the confluence with Northeast Creek +238 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Morris Branch +244 Parkers Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 0.4 mile upstream of Big Woods Road +287 Persimmons Nursery Branch At the confluence with Collins Creek +448 Chatham County (Unincorporated Areas). Approximately 550 feet upstream of Collins Mountain Road +450 Pokeberry Creek At the confluence with Haw River +297 Chatham County (Unincorporated Areas). Approximately 3.5 miles upstream of Andrews Store Road +558 Reedy Fork At the Chatham and Randolph County boundary +499 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 0.4 mile upstream of Wrenn Smith Road +527 Robeson Creek At the confluence with the Haw River and B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 0.3 mile upstream of the Power Line Easement +481 Robeson Creek Tributary 1 At the confluence with Robeson Creek +297 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 0.3 mile upstream of Prince Creek Road +486 Robeson Creek Tributary 2 At the confluence with Robeson Creek Tributary 1 +349 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 475 feet upstream of Tom Womble Road +502 Robeson Creek Tributary 3 At the confluence with Robeson Creek +352 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 0.3 mile upstream of Oakwood Street +419 Robeson Creek Tributary 4 At the confluence with Robeson Creek +377 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 320 feet upstream of State Route 87 +497 Robeson Creek Tributary 5 At the confluence with Robeson Creek Tributary 4 +391 Chatham County (Unincorporated Areas), Town of Pittsboro. Approximately 1.0 mile upstream of Arthur Alston Road +471 Rocky Branch (into Deep River) At the confluence with Deep River +204 Chatham County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Deep River +222 Rocky Branch (into Georges Creek) At the confluence with Georges Creek +232 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of Rosser Road +256 Rocky Ford Branch At the confluence with White Oak Branch +238 Chatham County (Unincorporated Areas). Approximately 0.7 mile upstream of Luther Road +244 Rocky River At the confluence with Deep River +209 Chatham County (Unincorporated Areas), Town of Siler City. At the Chatham and Randolph County boundary +643 Rocky River Tributary 1 At the confluence with Rocky River +507 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 1.0 mile upstream of Siler City Snow Camp Road +630 Sandy Branch At the confluence with Bear Creek +410 Chatham County (Unincorporated Areas). Approximately 200 feet upstream of State Route 902 +425 Shaddox Creek At the confluence with Haw River +177 Chatham County (Unincorporated Areas). Approximately 2.5 miles upstream of U.S. Route 1 +214 South Fork At the Alamance and Chatham County boundary +525 Chatham County (Unincorporated Areas). Approximately 0.5 mile upstream of Moon Lindley Road +550 Stinking Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 450 feet upstream of Talon Drive +279 Terrells Creek At the confluence with Haw River +369 Chatham County (Unincorporated Areas). At the Chatham and Orange County boundary +420 Terrells Creek

(West)At the confluence with Haw River +397 Chatham County (Unincorporated Areas). Approximately 1.5 miles upstream of Woody Store Road +530 Tick Creek At the confluence with Rocky River +407 Chatham County (Unincorporated Areas). Approximately 300 feet upstream of Siler City Glendon Road +555 Tick Creek Tributary At the confluence with Tick Creek +468 Chatham County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Tick Creek +480 Tick Creek Tributary 1 At the confluence with Tick Creek +498 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 0.9 mile upstream of Mount Vernon Springs Road +531 Tributary A At the confluence with Indian Creek (into Deep River) +240 Chatham County (Unincorporated Areas). Approximately 350 feet upstream of Little Indian Creek Road +258 Turkey Creek At the confluence with Robeson Creek +324 Chatham County (Unincorporated Areas). Approximately 0.3 mile upstream of Unnamed Road +452 Tysons Creek At the Chatham and Moore County boundary +322 Chatham County (Unincorporated Areas). Approximately 0.4 mile upstream of Mert McManess Road +414 Tysons Creek Tributary At the confluence with Tysons Creek +341 Chatham County (Unincorporated Areas). Approximately 0.8 mile upstream of State Route 42 +386 Varnell Creek At the confluence with Rocky River +485 Chatham County (Unincorporated Areas), Town of Siler City. Approximately 2.3 miles upstream of U.S. 64 +528 Weaver Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 2.1 miles upstream of B. Everett Jordan Lake +297 Weaver Creek Tributary At the confluence with Weaver Creek +238 Chatham County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Weaver Creek +245 Welch Creek At the confluence with Tick Creek +466 Chatham County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Tick Creek +478 West Price Creek At the Chatham/Orange County boundary +467 Chatham County (Unincorporated Areas). Approximately 1,930 feet upstream of the Chatham/Orange County boundary +480 White Oak Creek At the Chatham and Wake County boundary +238 Chatham County (Unincorporated Areas). At the confluence with B. Everett Jordan Lake +238 White Oak Creek Tributary 1 At the confluence with White Oak Creek and B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with White Oak Creek and B. Everett Jordan Lake +253 Wilkinson Creek At the confluence with the Haw River +330 Chatham County (Unincorporated Areas). Approximately 1.1 miles upstream of Gilmore Road +575 Windfall Creek At the confluence with B. Everett Jordan Lake +238 Chatham County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with B. Everett Jordan Lake +248 *National Geodetic Vertical Datum #Depth in feet above ground +North American Vertical Datum ADDRESSES: Town of Pittsboro: Maps available for inspection at the Pittsboro Planning Office, Town Hall, 635 East Street, Pittsboro, North Carolina. Town of Siler City: Maps available for inspection at the Siler City Zoning Office, Town Hall, 311 North Second Avenue, Siler City, North Carolina. Chatham County (Unincorporated Areas): Maps available for inspection at the Chatham County Planning Department, 80-A East Street, Pittsboro, North Carolina. Orange County, North Carolina and Incorporated Areas (FEMA Docket Nos. D-7622, D-7640, D-7660, and D-7662) Back Creek At the Alamance County/Orange County boundary +559 Orange County (Unincorporated Areas). Approximately 300 feet downstream of Carr Store Road +648 Back Creek Tributary 3 At the confluence with Back Creek +575 Orange County (Unincorporated Areas). Approximately 300 feet downstream of Harmony Church Road +646 Battle Branch At the confluence with Bolin Creek +263 Town of Chapel Hill. Approximately 1.5 miles upstream of the confluence with Bolin Creek +387 Bolin Creek At the confluence with Little Creek and Booker Creek +255 Orange County (Unincorporated Areas), Town of Carrboro, Town of Chapel Hill. Approximately 1,250 feet upstream of Talbryn Way +578 Booker Creek At the confluence with Little Creek and Bolin Creek +255 Town of Chapel Hill. Approximately 600 feet upstream of Airport Road +479 Buckhorn Branch At the confluence with Jones Creek +483 Orange County (Unincorporated Areas), Town of Carrboro. Approximately 300 feet upstream of dam +509 Cane Creek (North) Approximately 1,000 feet upstream of the confluence with Haw River +429 Orange County (Unincorporated Areas). Approximately 125 feet upstream of Borland Road +606 Cane Creek (North) Tributary No. 5 At the confluence with Cane Creek (North) +543 Orange County (Unincorporated Areas). Approximately 1,200 feet upstream of Orange Grove Road +575 Cates Creek Approximately 1,800 feet upstream of the confluence with Eno River +499 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.8 mile upstream of U.S. Highway 40 +659 Cates Creek Tributary At the confluence with Cates Creek +595 Town of Hillsborough, Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Oak Ridge Drive +663 Cedar Fork At North Lakeshore Drive +309 Town of Chapel Hill. Approximately 600 feet upstream of Kingston Drive +554 Chapel Creek Approximately 2,100 feet upstream of the confluence with Morgan Creek +261 Town of Chapel Hill. Approximately 350 feet upstream of South Road +419 Collins Creek At the Orange County/Chatham County boundary +451 Orange County (Unincorporated Areas). Approximately 0.4 mile upstream of Big Still Road +536 Collins Creek Tributary 1 At the confluence with Collins Creek +487 Orange County (Unincorporated Areas). Approximately 650 feet upstream of Gait Way +524 Crabtree Creek At the confluence with Sevenmile Creek +539 Orange County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with Sevenmile Creek +602 Crow Branch At the confluence with Booker Creek +400 Town of Chapel Hill. Approximately 0.5 mile upstream of dam +500 Cub Creek Approximately 250 feet downstream of the Orange County/Chatham County boundary +257 Orange County (Unincorporated Areas). Approximately 200 feet upstream of the Orange County/Chatham County boundary +265 Dry Creek Approximately 250 feet upstream of the confluence with Eno River +552 Orange County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Eno River +589 East Fork Eno River Approximately 215 feet upstream of Carr Store Road (NC 1352) +628 Orange County (Unincorporated Areas). Approximately 100 feet downstream of NC 86 +668 East Fork Eno River Tributary 1 Approximately 0.3 mile upstream of the confluence with East Fork Eno River +595 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with East Fork Eno River +627 East Fork Eno River Tributary 2 Approximately 0.5 mile upstream of the confluence with East Fork Eno River +618 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Carr Store Road (NC 1352) +655 Forrest Creek Approximately 200 feet upstream of NC 57 +595 Orange County (Unincorporated Areas). Approximately 125 feet upstream of Phelps Road +644 Haw River At the Orange/Chatham County boundary +415 Orange County (Unincorporated Areas). Approximately 1.2 miles upstream of East Greensboro-Chapel Hill Road +429 High Rock Creek Approximately 500 feet upstream of the confluence with Eno River +561 Orange County (Unincorporated Areas). Approximately 1,500 feet upstream of North Efland Cedar Grove Road +640 Jones Creek Approximately 0.4 mile upstream of the confluence with Bolin Creek +482 Town of Carrboro, Orange County (Unincorporated Areas). Approximately 0.6 mile upstream of Old NC 86 +571 Lake Michael Tributary At the confluence with Mill Creek +580 Orange County (Unincorporated Areas). Approximately 1,300 feet upstream of Lancaster Road +693 Lake Michael Tributary 2 At the confluence with Lake Michael Tributary +637 Orange County (Unincorporated Areas). Approximately 400 feet north of U.S. 70 +694 Lick Creek Approximately 750 feet downstream of Gray Road +545 Orange County (Unincorporated Areas). Approximately 1,600 feet upstream of Holly Ridge Road +576 Little Creek (Chapel Hill) At the Orange County/Durham County boundary +249 Town of Chapel Hill. Approximately 1,000 feet downstream of the confluence with Booker Creek and Bolin Creek +253 Little Creek (Chapel Hill) Tributary 3 At the confluence with Little Creek (Chapel Hill) +251 Town of Chapel Hill. At Elderberry Drive +310 Little River North Fork Approximately 280 feet upstream of NC 57 +580 Orange County (Unincorporated Areas). Approximately 1,350 feet upstream of Hester Road +671 Little River North Fork Tributary 2 At the confluence with Little River North Fork +591 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of Gates Road +607 Little River North Fork Tributary 3 At the confluence with Little River North Fork +544 Orange County (Unincorporated Areas). Approximately 0.7 mile upstream of Sneed Road +564 Little River South Fork Approximately 200 feet upstream of NC 57 +552 Orange County (Unincorporated Areas). Approximately 60 feet upstream of Hawkins Road +637 McGowan Creek Approximately 1,600 feet upstream of the confluence with Eno River +549 Orange County (Unincorporated Areas). Approximately 300 feet upstream of Frazier Road +690 Meeting of the Waters Creek At the confluence of Morgan Creek +262 Town of Chapel Hill. Approximately 0.6 mile upstream of Woodbine Drive +341 Mill Creek At the confluence with Lake Michael Tributary +580 Orange County (Unincorporated Areas). Approximately 1.3 miles upstream of Mill Creek Road +658 Mill Creek Tributary At the confluence with Mill Creek +613 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Lee Street +656 Morgan Creek Approximately 2.7 miles downstream of the Orange County/Chatham County boundary +238 Orange County (Unincorporated Areas), Town of Carrboro, Town of Chapel Hill. Approximately 50 feet downstream of Dairyland Road +559 Mountain Creek Approximately 1,100 feet upstream of the confluence with New Hope Creek +474 Orange County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with New Hope Creek +506 New Hope Creek Approximately 200 feet upstream of Old NC 86 +497 Orange County (Unincorporated Areas). Approximately 1.5 miles upstream of Arthur Minnis Road +529 New Hope Creek Tributary 1 Approximately 400 feet downstream of the Orange County/Durham County boundary +264 Orange County (Unincorporated Areas), Town of Chapel Hill. Approximately 1,800 feet upstream of confluence with Dry Branch +297 Price Creek At the confluence with University Lake +358 Orange County (Unincorporated Areas). Approximately 350 feet upstream of Damascus Church Road +359 Rays Creek At the confluence with Little River South Fork +593 Orange County (Unincorporated Areas). Approximately 1.1 miles upstream of Walnut Grove Church Road +632 Rays Creek Tributary At the confluence with Rays Creek +607 Orange County (Unincorporated Areas). Approximately 1.0 mile upstream of Walnut Grove Church Road +628 Rhodes Creek Approximately 850 feet upstream of Cornwallis Road +449 Orange County (Unincorporated Areas). Approximately 1.2 miles upstream of Cornwallis Road +507 Sevenmile Creek Approximately 350 feet upstream of Interstate 85 +533 Orange County (Unincorporated Areas). Approximately 0.9 mile upstream of Pender Drive +622 Sevenmile Creek Tributary 1 At the confluence with Sevenmile Creek +539 Orange County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Sevenmile Creek +598 Sevenmile Creek Tributary 2 At the confluence with Sevenmile Creek +591 Orange County (Unincorporated Areas). Approximately 1,350 feet upstream of Bushy Cook Road +642 South Hyco Creek At the Caswell County/Orange County boundary +589 Orange County (Unincorporated Areas). Approximately 0.95 mile upstream of County boundary +642 South Hyco Creek Tributary 8 At the Person County/Orange County boundary +603 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of County boundary +620 Stagg Creek At the Alamance/Orange County boundary +606 Orange County (Unincorporated Areas). Approximately 3,000 feet upstream of Atkins Road +639 Strouds Creek Approximately 600 feet upstream of the confluence with Eno River +485 Orange County (Unincorporated Areas). Approximately 2,000 feet upstream of NC 86 +659 Strouds Creek Tributary 1 Approximately 1,760 feet downstream of NC 57 +590 Orange County (Unincorporated Areas). Approximately 1,080 feet upstream of Phelps Road +656 Strouds Creek Tributary 2 At the confluence with Strouds Creek +519 Orange County (Unincorporated Areas). Approximately 0.7 mile upstream of Miller Road +574 Strouds Creek Tributary 3 At the confluence with Strouds Creek +551 Town of Hillsborough, Orange County (Unincorporated Areas) Approximately 0.5 mile upstream of NC 57 +636 Terrells Creek At the Orange County/Chatham County boundary +421 Orange County (Unincorporated Areas). Approximately 2.2 miles upstream of the County boundary +498 Tributary 1 to Sevenmile Creek At the confluence with Sevenmile Creek Tributary 2 +627 Orange County (Unincorporated Areas). Tributary 2 Approximately 950 feet upstream of Bushy Cook Road +631 Orange County (Unincorporated Areas). Toms Creek Approximately 50 feet upstream of NC 54 +418 Town of Carrboro. Approximately 700 feet upstream of Rainbow Drive +468 Toms Creek (Apple Pond) At the confluence with Cane Creek (North) +501 Orange County (Unincorporated Areas). Approximately 1,800 feet upstream of Nicks Road +558 Turkey Hill Creek At the confluence with Cane Creek (North) +511 Orange County (Unincorporated Areas). Approximately 0.8 mile upstream of Private Road +610 University Lake (Price Creek) Entire shoreline within communities +358 Orange County (Unincorporated Areas), Town of Carrboro. Watery Fork At the confluence with Cane Creek (North) +501 Orange County (Unincorporated Areas). Approximately 250 feet upstream of Dairyland Road +553 West Fork Eno River Approximately 200 feet upstream of North Efland Cedar Grove Road +592 Orange County (Unincorporated Areas). Approximately 350 feet upstream of McDade Store Road +672 West Fork Eno River Tributary 1 Approximately 600 feet upstream of the confluence with Eno River +579 Orange County (Unincorporated Areas). Approximately 0.5 mile upstream of Harmony Church Road +650 West Fork Eno River Tributary 2 At the confluence with West Fork Eno River +595 Orange County (Unincorporated Areas). Approximately 1,500 feet upstream of Governor Scott Road +623 West Fork Eno River Tributary 3 At the confluence with West Fork Eno River +643 Orange County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with West Fork Eno River +681 Wildcat Branch At the confluence with Collins Creek +475 Orange County (Unincorporated Areas). Approximately 1,250 feet upstream of Wildcat Creek Road +506 *National Geodetic Vertical Datum #Depth in feet above ground +North American Vertical Datum ADDRESSES: Town of Carrboro: Maps available for inspection at the Town of Carrboro Planning Department, 301 West Main Street, Carrboro, North Carolina. Town of Chapel Hill: Maps available for inspection at the Town of Chapel Hill Stormwater Management Program Office, 209 North Columbia Street, Chapel Hill, North Carolina. Town of Hillsborough: Maps available for inspection at the Hillsborough Town Hall, 101 East Orange Street, Hillsborough, North Carolina. Orange County (Unincorporated Areas): Maps available for inspection at the Orange County Planning and Inspections Department, 306F Revere Road, Hillsborough, North Carolina. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 5, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17261 Filed 10-16-06; 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). EFFECTIVE DATES: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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 KENTUCKY (FEMA Docket No. B-7454) Kentucky Louisville Metro Anita Branch At confluence with Pennsylvania Run +535 Approximately 240 feet upstream of Cedar Creek Road +614 Louisville Metro Blue Springs Ditch At confluence with Northern Ditch +460 Approximately 650 feet downstream of Fern Valley Road +462 Just upstream of Fern Valley Road +463 Approximately 80 feet downstream of Hanses Drive +465 Approximately 330 feet downstream of Jefferson Boulevard +467 Approximately 1,570 feet upstream of Jefferson Boulevard +470 Louisville Metro Brownsboro Ditch At confluence with Little Goose Creek +583 Approximately 70 feet upstream of Ten Broeck Way +583 Louisville Metro Brush Run Upper At confluence with Floydes Fork +597 Approximately 530 feet upstream of Polo Fields Lane +655 City of Shively City Park Ditch At confluence with Upper Mill Creek +448 Approximately 300 feet upstream of Olenda Way +448 Louisville Metro Drews Fork At confluence with Lovvorn Creek +600 Approximately 280 feet upstream of Cooper Chapel Road +629 Louisville Metro Durbin Branch At confluence with Lovvorn Creek +595 Approximately 120 feet upstream of Cooper Chapel Road +633 Louisville Metro Fishpool Creek At confluence with Southern Ditch +462 Approximately 1,570 feet upstream of Blue Lick Road +467 Approximately 950 feet Downstream of South Park Road +472 Approximately 1,320 feet upstream of Charleswood Road +571 Approximately 20 feet upstream of Cooper Chapel Road +582 Approximately 2,000 feet upstream of Cooper Chapel Road +594 Louisville Metro Floyds Fork Approximately 29,700 feet downstream of Bardstown Road +475 Approximately 1,600 feet upstream of Broad Run Road +496 Approximately 7,910 feet downstream of confluence with Cane Run +521 Approximately 3,400 feet upstream of confluence with Cane Run +534 Approximately 4,970 feet downstream of Taylorsville Lake Road +548 Approximately 1,930 feet downstream of Taylorsville Lake Road +552 Approximately 1,740 feet downstream of Taylorsville Road +559 Approximately 3,570 feet upstream of Taylorsville Road +568 Approximately 3,100 feet downstream of I-64 East +581 Approximately 330 feet downstream of Shelbyville Road +596 Approximately 7,700 feet upstream of CSX Railroad +612 Approximately 12,300 feet upstream of Aiken Road +628 Louisville Metro Gene Snyder Tributary At confluence with Pennsylvania Run +595 Approximately 500 feet upstream of I-265 North +608 Louisville Metro Goose Creek Just upstream of Lakeland Road +661 Approximately 220 feet downstream of Cave Spring Place +707 Louisville Metro Harrods Creek At confluence with Ohio River +452 Approximately 22,400 feet upstream of Brownsboro Road +452 City of Shively Heatherfield Ditch At confluence with Upper Mill Creek +447 Just downstream of Heatherfield Drive +447 Louisville Metro Hite Creek Approximately 2,850 feet downstream of Worthington Lane +599 Approximately 820 feet upstream of Collins Lane +734 Louisville Metro LeFores Branch At confluence with Goose Creek +668 Approximately 1,140 feet upstream of confluence with Goose Creek +677 Louisville Metro Lilac Run At confluence with Little Goose Creek +628 Approximately 1,780 feet upstream of Wynbrooke Cirle +667 Louisville Metro Little Goose Creek Approximately 580 feet downstream of I-71 South +548 Approximately 300 feet upstream of Westport Road +651 Louisville Metro Long Run Creek At confluence with Floyds Fork +569 Approximately 830 feet upstream of Long Run Road +653 Louisville Metro Lovvorn Creek At confluence with Pennsylvania Run +578 Approximately 170 feet upstream of Beulah Church Road +652 Louisville Metro Northern Ditch At confluence with Pond Creek +455 Approximately 1,910 feet downstream of Preston Highway +459 Approximately 1,840 feet upstream of Preston Highway +463 Approximately of 410 feet upstream of Shepherdsville Road +480 Louisville Metro Pennsylvania Run Approximately 900 feet downstream of Mt. Washington Road +528 Approximately 920 feet upstream of Outer Loop +648 Louisville Metro Pohlmann Branch At confluence with Pennsylvania Run +602 Approximately 160 feet upstream of Beulah Church Road +657 Louisville Metro Pond Creek Approximately 6,500 feet downstream of Stites Station Road +430 Approximately 870 feet upstream of Blenvins Gap Road +433 Approximately 1,000 feet downstream of Stonestreet Road +445 Approximately 1,800 feet upstream of New Cut Road +455 Louisville Metro Rolling Hills Branch At confluence with Little Goose Creek +590 Approximately 180 feet upstream of Goose Creek Road +608 Louisville Metro, City of West Buechel, City of Jeffersontown South Fork Beargrass Creek At pump station Approximately 50 feet upstream of Baxter Avenue +433 +449 Approximately 170 feet upstream of Ellison Avenue +456 Approximately 6,100 feet upstream of Eastern Parkway +460 Approximately 360 feet upstream of Goldsmith Lane (1st crossing) +470 Approximately 760 feet downstream of Bashford Manor Lane +472 Approximately 240 feet upstream of Bashford Manor Lane +472 Approximately 100 feet downstream of Bardstown Road +475 Approximately 80 feet upstream of Bardstown Road +478 Approximately 40 feet downstream of Hikes Lane +491 Approximately 260 feet upstream of Breckenridge Lane +511 Approximately 3,270 feet upstream of Hunsinger Lane +533 Approximately at Brybed Reservoir +564 Approximately 1,500 feet downstream of Stony Brook Drive +564 Just downstream Taylorville Road +634 Louisville Metro Southern Ditch At confluence with Pond Creek +455 Approximately 960 feet downstream of Minors Lane +459 Approximately 1,620 feet downstream of Outer Loop (1st crossing) +472 Approximately 490 feet downstream of Gayeway Drive +506 Approximately 310 feet upstream of Gayeway Drive +517 Approximately 30 feet upstream of Shepherdsville Road +531 Approximately 60 feet downstream of Michael Ray Drive +561 Approximately 790 feet upstream of Michael Ray Drive +576 Approximately 1,350 feet upstream of Michael Ray Drive +586 Louisville Metro Springhurst Creek At confluence with Little Goose Creek +588 Approximately 350 feet upstream of Ten Broeck Way +591 Louisville Metro City of Matthews Weicher Creek At confluence with Middle Fork Beargrass Creek +508 Approximately 100 feet downstream of I-264 West Ramp +517 Approximately 20 feet upstream of Blossomwood Drive +522 Approximately 600 feet upstream of Woodmont Drive +537 Approximately 190 feet upstream of Dannywood Road +545 Approximately 290 feet upstream of Lincoln Road +550 Approximately 820 feet upstream of Lincoln Road +555 Approximately 3,870 feet upstream of Limehouse Lane +647 Louisville Metro Wet Woods Creek At confluence with Southern Ditch +457 Just downstream of Preston Highway +461 Louisville Metro Wilson Creek At confluence with Southern Ditch +456 Approximately 990 feet upstream of I-265 North +460 Approximately 3,290 feet upstream of National Turnpike +467 Approximately 2,260 feet upstream of Farmers Lane +477 Approximately 3,550 feet upstream of Farmers Lane +480 Approximately 4,700 feet downstream of National Turnpike +524 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Louisville Metro Maps are available for inspection at Louisville/Jefferson County Metropolitan Sewer District, 700 West Liberty Street, Louisville, Kentucky 40203-1911. Send comments to Mr. Randy Stambaugh, P.E., CFM, Floodplain Administrator, Louisville/Jefferson County Metropolitan Sewer District, 700 West Liberty Street, Louisville, Kentucky 40203-1911. City of Jeffersontown Maps are available for inspection at Jeffersontown City Hall, 10416 Watterson Trail, Jeffersontown, Kentucky 40299. Send comments to Honorable Clay Foreman, Mayor, Jeffersontown City Hall, 10416 Watterson Trail, Jeffersontown, Kentucky 40299. City of Shively Maps are available for inspection at Shively City Hall, 3920 Dixie Highway, Louisville, Kentucky 40216-4120. Send comments to Honorable Sherry Conner, Mayor, Shively City Hall, 3920 Dixie Highway, Louisville, Kentucky 40216-4120. City of Matthews Maps are available for inspection at St. Matthews City Hall, 3940 Grandview Avenue, Louisville, Kentucky 40207. Send comments to Honorable Arthur Draut, Mayor, St. Matthews City Hall, 3940 Grandview Avenue, Louisville, Kentucky 40207. City of West Buechel Maps are available for inspection at West Buechel City Hall, 3705 Bashford Avenue, Louisville, Kentucky 40218. Send comments to Honorable Sharon Fowler, Mayor, West Buechel City Hall, 3705 Bashford Avenue, Louisville, Kentucky 40218. POLK COUNTY, OREGON FEMA Docket No. B-7453) Oregon Polk County (Uninc. Areas) North Fork Ash Creek Confluence with Middle Fork Ash Creek +177 At Hoffman Road +180 City of Independence, City of Monmouth Polk County (Uninc. Areas) Ash Creek Approximately 100 feet downstream of Gun Club Road +167 At Confluence of Middle Fork Ash Creek and North Fork Ash Creek +177 City of Independence City of Monmouth polk County (Uninc. Areas) Ash Creek Overflow Channel At Confluence with Ash Creek +168 At divergence from Ash Creek +177 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Polk County Maps are available for inspection at the Community Development, 850 Main Street, Dallas, Oregon 97338. Send comments to Chairman, Ron Dodge, 850 Main Street, Dallas, Oregon 97338. City of Independence Maps are available for inspection at Community Development, 240 Monmouth Street, Independence, Oregon 97351 Send comments to the Honorable John McArdle, 240 Monmouth Street, Independence, Oregon 97351. City of Monmouth Maps are available for inspection at Community Development, 240 Monmouth Street, Independence, Oregon 97351. Send comments to the Honorable Larry Dalton, 151 West Main Street, Monmouth, Oregon 97361. Flooding source(s) Location of referenced elevation #Depth in feet above ground. *Elevation in feet (NGVD). +Elevation in feet (NAVD). +( ) Pond Elevation in NAVD. Modified Communities affected Larimer County, Colorado and Incorporated Areas (FEMA Docket No. B-7458) Big Thompson River Approximately 800 feet upstream of Larimer-Weld County Line +4,812 Larimer County (Unincorporated Areas), City of Loveland, Town of Johnstown. Approximately 800 feet upstream of County Road 3 +4,829 Just upstream of I-25 +4,852 Approximately 0.4 miles upstream of County Road 3 +4,880 Approximately 150 feet upstream of Boyd Lake Outlet Ditch +4880 Approximately 300 feet west of Lincoln Avenue and approximately 1,700 feet west of St. Louis Avenue #2 Just downstream of St. Louis Avenue +4,923 Just upstream of St. Louis Avenue +4,924 Just east of Taft Avenue to 900 feet west of Taft Avenue Garfield Avenue #1 South of Dry Creek and north of Rossum Drive #3 Approximately 1,400 feet upstream of confluence of Dry Creek +5,046 Southwest of U.S. Highway 34 #2 Just downstream of confluence with Buckhorn Creek +5,097 Big Thompson River—South Spill At confluence with Big Thompson River +4,938 Larimer County (Unincorporated Areas) and City of Loveland. Just upstream of Taft Avenue +4,970 Big Thompson River—Gravel Pit Split At confluence with Big Thompson River +4,888 Larimer County (Unincorporated Areas). Approximately 1,900 feet upstream of confluence with Big Thompson River +4,899 Big Thompson River Overflow Just upstream of confluence with Big Thompson River +5,047 Larimer County (Uninc. Areas), City of Loveland. Approximately 0.4 miles upstream of confluence with Big Thompson River +5,078 Boxelder Creek Approximately 200 feet upstream above confluence with Cache La Poudre River +4,868 City of Fort Collins, Larimer County (Uninc. Areas). Approximately 1,000 feet east of Interstate Highway 25 #2 Just upstream of Vine Drive +4,972 Just north of Vine Drive #2 Just upstream of County Road 52 +5,024 Approximately 500 feet north of County Road 52 #2 Approximately 1,000 feet north of County Road 52 #1 Just downstream of County Road 54 +5,054 Boxelder Creek Overflow—Downstream Reach Approximately 1,600 feet above confluence with Boxelder Creek +4,933 City of Fort Collins, Larimer County (Unincorporated Areas). Limit of Detailed Study (Approximately 2.1 miles above confluence with Boxelder Creek) +4,975 Boxelder Creek Overflow—Upstream Reach Above Larimer and Weld Canal +4,982 City of Fort Collins, Larimer County (Unincorporated Areas). Limit of Detailed Study (Approximately 2.3 miles above Larimer and Weld Canal) +5,038 Boxelder Creek I-25 Split Approximately 500 feet upstream of Larimer County Road 5 +4,875 City of Fort Collins, Larimer County (Unincorporated Areas). Limits of Detailed Study (Approx. 3.1 miles upstream of Larimer County Road 5) +4,921 Boxelder Creek I-25 Split Overflow Approximately 600 feet upstream of confluence with Boxelder Creek +4,890 City of Fort Collins, Larimer County (Unincorporated Areas). Approximately 1,500 feet upstream of confluence with Boxelder Creek +4,894 Cache La Poudre River Approximately 1,500 feet downstream from Shields Street +4982 City of Fort Collins, Larimer County (Unincorporated Areas). Just west of Shields Street to approximately 500 feet west of Shields Street +(5,000) Approximately 500 feet west of Shields Street #2 Approximately 2,000 feet downstream of Overland Trail Road +5,048 Approximately 1,000 feet upstream of Overland Trail Road +5,063 Appoximately 1,800 feet upstream of County Road 52E +5,119 Cache La Poudre River Split RPath At Gravel Pit Access Road +4,884 City of Fort Collins, Larimer County (Unincorporated Areas). Approximately 0.7 miles above Gravel Pit Access Road +4,900 Cache La Poudre River Split LPath Approximately 0.5 miles above Gravel Pit Access Road +4,896 City of Fort Collins, Larimer County (Unincorporated Areas). Approximately 0.6 miles above Gravel Pit Access Road +4,898 Cooper Slough Approximately 800 feet upstream of State Highway 14 +4,922 City of Fort Collins, Larimer County (Unincorporated Areas). Approximately 600 feet south of C and S Railroad #2 Approximately 1,200 feet north of Vine Drive to approximately 1,800 feet north of Vine Drive +(4964) Approximately 0.6 miles upstream of Vine Drive +4,972 Cooper Slough Overflow Just south of confluence with Lake Canal and just north of Cache La Poudre Inlet Ditch #3 City of Fort Collins, Larimer County (Unincorporated Areas). At confluence with Lake Canal +4,917 Approximately 0.9 miles upstream of confluence with Lake Canal +4,936 Dry Creek Just upstream of confluence with Big Thompson River +5,043 City of Loveland. Approximately 0.4 miles upstream of confluence with Big Thompson River +5,065 Glade Road Split Just upstream of confluence with Big Thompson River +5,047 Larimer County (Unincorporated Areas), City of Loveland. Approximately 0.9 miles upstream of confluence with Big Thompson River +5,078 Sherry Drive Overflow Approximately 1,000 feet upstream of Cache La Poudre Reservoir Inlet Ditch +4,918 City of Fort Collins. Approximately 1,800 feet upstream of Cache La Poudre Reservoir Inlet Ditch +4,920 Shield Street Divided Flow Path—Hill Pond Road Approximately 400 feet downstream of Shire Court +5,010 City of Fort Collins, Larimer County (Unincorporated Areas). South of Gilgalad Way and north of Hill Pond Road #1 Just west of convergence of Hill Pond Road and Windtrail Swale #1 South of Hill Pond Road and north of Shire Court #1 Approximately 100 feet downstream of Shields Street +5,021 Shield Street Divided Flow Path—Shire Court Just downstream of Chetwood Court +5,012 City of Fort Collins, Larimer County (Unincorporated Areas). North of Shire court and east of Shields Street #2 Just downstream of Shields Street +5,024 Shield Street Divided Flow Path—Windswale Trail Approximately 3.8 miles upstream above confluence with Cache La Poudre River +5,003 City of Fort Collins, Larimer County (Unincorporated Areas). Approximately 4.2 miles upstream above confluence with Cache La Poudre River +5,017 Spring Creek Approximately 700 feet upstream above confluence with Cache La Poudre River +4,905 City of Fort Collins, Larimer County (Unincorporated Areas). Around intersection of Prospect Road and Sharp Point Drive #2 North of Prospect Road and East of Timberline Road +(4,905) Just upstream of Lemay Avenue +4,947 Around intersection of Stuart Street and Stover Street #3 East of C and S Railroad and south of Prospect Court #2 Just upstream of Shields Street +5,018 West of Shields Street #2 Approximately 2,000 feet downstream from Shields Street #2 Just upstream of Taft Hill Road +5,087 Approximately 2.1 miles upstream of Taft Hill Road +5,173 Approximately 2.1 miles upstream of Taft Hill Road +5,173 + North American Vertical Datum. * National Geodetic Vertical Datum. # Depth in feet above ground. + ( ) Pond Elevation in North American Vertical Datum. ADDRESSES Unincorporated Areas Larimer County Maps are available for inspection at the Larimer County Courthouse, 200 West Oak Street, Fort Collins, Colorado 80521. Send comments to the Honorable Kathay Rennels, Chair, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, Colorado 80522-1190. City of Loveland Maps are available for inspection at City Hall, 500 East Third Street, Loveland, Colorado 80537. Send comments to the Honorable Larry Walsh, Mayor, City of Loveland, 500 East Third Street, Loveland, Colorado 80537. City of Fort Collins Maps are available for inspection at the Fort Collins Stormwater Utilities Department, 700 Wood Street, Fort Collins, Colorado 80521. Send comments to the Honorable Doug Hutchinson, Mayor, City of Fort Collins, 300 LaPorte Avenue, P.O. Box 580, Colorado 80522-0580. Flooding source(s) Location of referenced elevation #Depth in feet above ground. *Elevation in feet (NGVD). +Elevation in feet

(NAVD)Communities affected Santa Rosa County, Florida and Incorporated Areas (FEMA Docket No. D-7660) Pace Mill Creek Approximately 1,300 feet downstream of U.S. Route 90 +12 Santa Rosa County (Unincorporated Areas). At downstream side of Chumuckla Highway +127 Pond Creek Approximately 500 feet upstream of CSX Railroad +10 Santa Rosa County (Unincorporated Areas), City of Milton. At upstream side of William Norris Road +68 + North American Vertical Datum. * National Geodetic Vertical Datum. # Depth in feet above ground. ADDRESSES Santa Rosa County (Unincorporated Areas) Maps available for inspection at the Santa Rosa County Public Services Department, 6051 Old Bagdad Highway, Milton, Florida 32583. City of Milton Maps available for inspection at the City of Milton Planning and Development Department, 6738 Dixon Street, Milton, Florida. Shoshone County, Idaho and Incorporated Areas (FEMA Docket No. B-7660) Coeur d'Alene River At western Shoshone County boundary approximately 800 feet South of Interstate Highway 90 +2149 Shoshone County (Unincorporated Areas). At western Shoshone County boundary on the landward side of the levee at community of Cataldo +2155 Approximately 15,000 feet upstream from the western Shoshone County boundary +2164 South Fork Coeur d'Alene River Approximately 1500 feet downstream of Theatre Road +2225 Shoshone County (Unincorporated Areas), City of Kellogg, City of Smelterville. Just downstream of Elizabeth Park Road Bridge +2343 South Fork Coeur d'Alene River—North Overbank Reach through Kellogg At west Brown Avenue west of Utah Street +2295 Shoshone County (Unincorporated Areas), City of Kellogg. Just north of Interstate Highway 90 after divergence from South Fork Coeur d'Alene River on Cameron Avenue East +2310 South Fork Coeur d'Alene River—South Overbank North Swale Reach At the City of Kellogg western corporate limit +2243 Shoshone County (Unincorporated Areas), City of Kellogg. At divergence from South Fork Coeur d'Alene River. Just upstream of Interstate Highway 90 Bridge +2284 South Fork Coeur d'Alene River—South Overbank Smelterville Reach Just South of Interstate Highway 90 bridge approximately 1000 feet upstream of Pine Creek confluence +2198 Shoshone County (Unincorporated Areas), City of Kellogg, City of Smelterville. At confluence of Government Gulch +2245 South Fork Coeur d'Alene River—South Overbank South Kellogg Reach Approximately 1000 feet downstream of Hill Street +2284 Shoshone County (Unincorporated Areas), City of Kellogg. Approximately 150 feet downstream of divergence from South Fork Coeur d'Alene River, at Division Street +2310 South Fork Coeur d'Alene River—South Overbank South Swale Reach Approximately 1500 feet upstream from western corporated limit of the City of Kellogg. +2251 Shoshone County (Unincorporated Areas), City of Kellogg. At the confluence of South Overbank Southwest Kellogg Reach +2282 South Fork Coeur d'Alene River—South Overbank Southwest Kellogg Reach At confluence with South Overbank South Swale Reach approximately 200 feet downstream of Bunker Avenue +2284 Shoshone County (Unincorporated Areas), City of Kellogg. At divergence from South Fork Coeur d'Alene River +2289 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES Unincorporated areas of Shoshone County Maps are available for inspection at the Shoshone County Courthouse, 700 Bank Street, Suite 35, Wallace Idaho 83873. Send comments to Chairman Jim Vergobbi, Shoshone County, 700 Bank Street, Suite 120, Wallace Idaho 83873. City of Kellogg Maps are available for inspection at the City Hall, 1007 McKinley Street, Kellogg Idaho 83837. Send comments to Mayor Mac Pooler, City of Kellogg, 1007 McKinley Street, Kellogg Idaho 83837. City of Smelterville Maps are available for inspection at the City Hall, 501 Main Street, Smelterville Idaho 83868. Send comments to Mayor Tom Benson, City of Smelterville, P.O. Box 200, Smelterville Idaho 83868. Plymouth County, Massachusetts and Incorporated Areas (FEMA Docket No. D-7662) Plymouth Harbor/Plymouth Bay At Clarks Island +10 Town of Plymouth. Approximately 500 feet north of the intersection of State Route 3A and Clifford Road +29 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES Town of Plymouth Maps available for inspection at the Plymouth Town Hall, 11 Lincoln Street, Plymouth, Massachusetts. Washington County, Missouri and Incorporated Areas (FEMA Docket No. B-7456) Mine Breton Creek Approximately 2,350 feet above confluence with Bates Creek *860 City of Potosi. At Highway P, approximately 9,700 feet above confluence with Bates Creek *922 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES City of Potosi Maps are available for inspection at the Community Map Repository, 121 E. High Street, Potosi, MO. Send comments to The Honorable Wayne Maulgen, Mayor of the City of Potosi, 121 E. High Street, Potosi, MO 63664. Flooding source(s) Location of referenced elevation #Depth in feet above ground. *Elevation in feet (NGVD). +Elevation in feet

(NAVD)Communities affected Bladen County, North Carolina and Incorporated Areas (FEMA Docket Nos. D-7584, D-7560, and D-7660) Bakers Creek At the confluence with Cape Fear River +54 Bladen County (Unincorporated Areas). Approximately 2.1 miles upstream of Owen Hill Road +79 Barefoot Swamp At the confluence with Crawley Swamp +104 Bladen County (Unincorporated Areas). Approximately 0.7 mile upstream of Highway 41 +116 Big Foot Marsh At the confluence with Brown Marsh Swamp +71 Town of Clarkton, Bladen County (Unincorporated Areas). Approximately 100 feet downstream of Business 701 +78 Big Swamp Approximately 1.8 miles upstream of the confluence of Bryant Swamp +99 Bladen County (Unincorporated Areas). At the confluence with Big Marsh Swamp +122 Black River At the Bladen/Pender County boundary +16 Bladen County (Unincorporated Areas). At the confluence with South River +26 Black Swamp At the Bladen-Robeson County boundary +108 Bladen County (Unincorporated Areas). Approximately 1.9 miles upstream of Highway 131 +123 Brown Marsh Swamp Approximately 1,500 feet upstream of Red Hill Road +70 Bladen County (Unincorporated Areas). Approximately 0.9 mile upstream of Highway 701 +86 Browns Creek At the confluence with Cape Fear River +48 Bladen County (Unincorporated Areas), Town of Elizabethtown. Approximately 2.2 miles upstream of Peanut Plant Road +101 Browns Creek Tributary At the confluence with Browns Creek +96 Bladen County (Unincorporated Areas), Town of Elizabethtown. Approximately 0.9 mile upstream of Cromartie Road +120 Bryant Swamp At the Bladen-Robeson County boundary +96 Town of Bladenboro, Bladen County (Unincorporated Areas). Approximately 0.3 mile upstream of State Route 211 Bypass +107 Cape Fear River At the Bladen/Pender County boundary +18 Bladen County (Unincorporated Areas), Town of Elizabethtown. Approximately 190 feet downstream of the Bladen/Cumberland County boundary +70 Carvers Creek At the confluence with Cape Fear River +31 Bladen County (Unincorporated Areas). Approximately 1.6 miles upstream of Doctor Robinson Road +61 Colly Creek At the Bladen/Pender County boundary +18 Bladen County (Unincorporated Areas), Town of White Lake. Approximately 1,600 feet upstream of Susie Sand Hill Road +85 Crawley Swamp At the Bladen-Robeson County boundary +100 Bladen County (Unincorporated Areas). Approximately 1.0 mile downstream from State Route 410 +108 Cypress Creek At the confluence with South River +62 Bladen County (Unincorporated Areas). Approximately 0.5 mile upstream of NC 210 +76 Donoho Creek At the confluence with Cape Fear River +35 Bladen County (Unincorporated Areas). Approximately 800 feet upstream of State Route 87 +69 Doubles Branch Approximately 200 feet downstream of Burney Ford Road +81 Bladen County (Unincorporated Areas). Approximately 1.2 miles upstream of Burney Ford Road +89 Elkton Marsh At the confluence with Brown Marsh Swamp +75 Bladen County (Unincorporated Areas). Approximately 150 feet downstream of Burney Ford Road +81 Ellis Creek At the confluence with Cape Fear River +54 Bladen County (Unincorporated Areas). Approximately 3.0 miles upstream of Dowd Dairy Road +75 Galberry Swamp At the confluence with Big Marsh Swamp +122 Bladen County (Unincorporated Areas). At the Bladen-Cumberland County boundary +135 Georgia Branch At the confluence with Cape Fear River +68 Bladen County (Unincorporated Areas). Approximately 1.6 miles upstream of Glengerry Hill Road +128 Goodman Swamp At the Bladen-Robeson County boundary +109 Bladen County (Unincorporated Areas). Approximately 1,200 feet downstream from Tar-heel Ferry Road +113 Hammond Creek At the confluence with Cape Fear River +43 Bladen County (Unincorporated Areas). Approximately 400 feet upstream of Airport Road +43 Harrisons Creek At the confluence with Cape Fear River +59 Bladen County (Unincorporated Areas). Approximately 1.2 miles upstream of Camp Bowers Trial Dam +71 Horsepen Branch Approximately 1,500 feet downstream from the confluence of Spring Branch +89 Bladen County (Unincorporated Areas). Approximately 0.5 mile upstream of State Route 410 +100 Kitchens Branch At the confluence with Carvers Creek +42 Bladen County (Unincorporated Areas). Approximately 300 feet upstream of Cord Road +69 Lateral 7 Creek At the confluence with Bryant Swamp +105 Town of Bladenboro, Bladen County (Unincorporated Areas). Approximately 1,700 feet upstream of West Poplar Street +114 Lumber River At the Bladen-Robeson-Columbus County boundary +89 Bladen County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence of Bryant Swamp and Big Swamp +99 Middle Swamp At the confluence with Elkton Marsh +78 Bladen County (Unincorporated Areas). Approximately 1.0 mile upstream of Porterville School Road +96 Mines Creek At the confluence with Georgia Branch +68 Bladen County (Unincorporated Areas). Approximately 0.8 mile upstream of Dam +120 Plummers Run At the confluence with Cape Fear River +30 Bladen County (Unincorporated Areas). Approximately 240 feet upstream of Brighten Road +64 Plummers Run Tributary At the confluence with Plummers Run +43 Bladen County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Plummers Run +52 Pub Mill Creek At the confluence with Turnbull Creek +48 Bladen County (Unincorporated Areas). Approximately 0.6 mile upstream of Unnamed Road +56 Rattlesnake Creek At the confluence of Spring Branch +89 Bladen County (Unincorporated Areas). At the Bladen-Columbus County boundary +96 Reedy Meadow Swamp At the confluence with Black Swamp +118 Bladen County (Unincorporated Areas) Approximately 1.1 miles upstream of State Route 87 +140 Saespan Branch Approximately 600 feet downstream of the Bladen/Columbus County boundary +58 Bladen County (Unincorporated Areas) At the Bladen/Columbus County boundary +59 Slender Branch At the confluence with Horsepen Branch +93 Bladen County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Horsepen Branch +100 South River At the confluence with Black River +26 Bladen County (Unincorporated Areas). At the Bladen/Cumberland County boundary +71 Spring Branch At the confluence with Horsepen Branch +89 Bladen County (Unincorporated Areas). Approximately 4,700 feet upstream of State Route 242 +104 Steep Run At the confluence with Cape Fear River +28 Bladen County (Unincorporated Areas). Approximately 1.1 miles upstream of NC 87 +54 Turnbull Creek At the confluence with Cape Fear River +48 Bladen County (Unincorporated Areas). Approximately 2,100 feet upstream of NC 242 +84 Wateree Creek At the confluence of Bryant Swamp +101 Town of Bladenboro, Bladen County (Unincorporated Areas). Approximately 200 feet upstream of State Route 211 Bypass +115 Whites Creek At the confluence with Hammond Creek +43 Bladen County (Unincorporated Areas) Approximately 470 feet upstream of Airport Road +43 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Bladen County Maps are available for inspection at Bladen County Courthouse, 106 East Broad Street, Room 107, Elizabethtown, NC. Town of Bladenboro Maps are available for inspection at the Bladenboro Town Hall, 305 South Main Street, Bladenboro, NC. Town of Clarkton Maps available for inspection at the Clarkton Town Hall, 81 North Elm Street, Clarkton, NC. Town of Elizabethtown Maps are available for inspection at Elizabethtown Town Hall, 805 West Broad Street, Elizabethtown, NC. Town of White Lake Maps are available for inspection at White Lake Town Hall, 1879 White Lake Drive, White Lake, NC. Cumberland County, North Carolina and Incorporated Areas (FEMA Docket Nos. D-7636 and D-7660) Beaver Creek At the confluence with Little Rockfish Creek +121 Cumberland County (Unincorporated Areas), City of Fayetteville, Town of Hope Mills. Approximately 0.9 mile upstream of All-American Expressway +199 Beaver Creek Tributary A At the confluence with Beaver Creek +135 Cumberland County (Unincorporated Areas). Approximately 1,700 feet upstream of the confluence with Beaver Creek +135 Beaver Dam Creek At the confluence with South River +74 Cumberland County (Unincorporated Areas). Approximately 0.3 mile upstream of Spencer Road +106 Big Branch At the confluence with Beaver Creek +191 Cumberland County (Unincorporated Areas), City of Fayetteville. Approximately 1.4 miles upstream of the confluence with Beaver Creek +219 Big Creek At the confluence with South River +102 Cumberland County (Unincorporated Areas). Approximately 5.1 miles upstream of Maxwell Road+145 Black River At the confluence with South River +124 Cumberland County (Unincorporated Areas). At the Cumberland/Harnett County boundary Creek +140 Bones Creek At the confluence with Little Rockfish Creek +146 Cumberland County (Unincorporated Areas). Approximately 2.7 miles upstream of Morganton Road +225 Browns Swamp At the confluence with South River +111 Cumberland County (Unincorporated Areas). Approximately 650 feet upstream of South River School Road +128 Tributary 1 At the confluence with Browns Swamp +111 Cumberland County (Unincorporated Areas). Approximately 650 feet upstream of Kennel Road +124 Buck Creek At the confluence with Big Creek +108 Cumberland County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Big Creek +113 Buckhead Creek At the confluence with Little Rockfish Creek +112 Cumberland County (Unincorporated Areas), City of Fayetteville. Approximately 0.8 mile upstream of Raeford Road +198 Cape Fear River Tributary 2 At the confluence with Cape Fear River +96 Cumberland County (Unincorporated Areas), Town of Wade. Approximately 0.4 mile upstream of Interstate 95 +131 Cold Camp Creek At the confluence with Galberry Swamp +144 Cumberland County (Unincorporated Areas). Approximately 500 feet downstream of Interstate 95 +165 Tributary 1 At the confluence with Cold Camp Creek +145 Cumberland County (Unincorporated Areas). Approximately 1,100 feet upstream of Canady Pond Road +157 Tributary 2 At the confluence with Cold Camp Creek +153 Cumberland County (Unincorporated Areas). Approximately 0.8 mile upstream of John McMillan Road +166 Cypress Creek At the confluence with Little River +165 Cumberland County (Unincorporated Areas). Approximately 1.7 miles upstream of West Manchester Road +204 Galberry Swamp At the Cumberland/Bladen County boundary +134 Cumberland County (Unincorporated Areas). At the confluence with Cold Camp Creek and Buckhorn Swamp +144 Gum Swamp At the confluence with South River +94 Cumberland County (Unincorporated Areas). Approximately 0.9 mile upstream of Hollow Bridge Road +103 Hector Creek At the confluence with Little River +178 Cumberland County (Unincorporated Areas). At the Cumberland/Harnett County boundary +194 Jumping Run Creek Approximately 1,250 feet upstream of NC 210 (Lillington Highway) +136 Cumberland County (Unincorporated Areas). At the Cumberland/Harnett County boundary +161 Kirks Mill Creek At the confluence with Willis Creek +73 Cumberland County (Unincorporated Areas). Approximately 500 feet upstream of Point East Drive +84 Little River Tributary 1 At the confluence with Little River +112 Cumberland County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Lower Little River 138 Tributary 2 At the confluence with Little River +144 Cumberland County (Unincorporated Areas), Town of Spring Lake. Approximately 0.7 mile upstream of McCormick Road +284 Tributary 3 At the confluence with Little River Tributary 2 +154 Cumberland County (Unincorporated Areas). Approximately 300 feet upstream of Chapel Hill Road +209 Little Rockfish Creek At the confluence with Rockfish Creek +79 Cumberland County (Unincorporated Areas), Town of Hope Mills. Approximately 200 feet downstream of Raeford Road +172 Long Branch At the confluence with Willis Creek +95 Cumberland County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Willis Creek +116 (Lower) Little River Approximately 1.1 miles upstream of Mill Road +103 Cumberland County (Unincorporated Areas), Town of Spring Lake. At the Cumberland/Hoke County boundary +179 Mingo Swamp At the confluence with South River +127 Cumberland County (Unincorporated Areas). At the Cumberland/Sampson/Harnett County boundary +134 Muddy Creek At the confluence with Little River +150 Cumberland County (Unincorporated Areas), Town of Spring Lake. At the Cumberland/Harnett County boundary +175 Peters Creek At the Cumberland/Bladen County boundary +71 Cumberland County (Unincorporated Areas). Approximately 1,400 feet upstream of C.S. Faircloth Road +94 Reese Creek Approximately 1,100 feet upstream of the confluence with Locks Creek +84 Cumberland County (Unincorporated Areas). Approximately 320 feet upstream of Murphy Road +137 Rockfish Creek Approximately 10 feet downstream of Calico Street +81 Cumberland County (Unincorporated Areas), Town of Hope Mills. At the Cumberland/Hoke County boundary +122 Sandy Creek At the confluence with South River +97 Cumberland County (Unincorporated Areas), Town of Stedman. Approximately 375 feet upstream of Horne Farm Road +120 South River At the Cumberland/Bladen/Sampson County boundary +71 Cumberland County (Unincorporated Areas), Town of Falcon. Approximately 0.7 mile upstream of the confluence of Black River +127 Tributary 1 At the confluence with South River +117 Cumberland County (Unincorporated Areas). Approximately 1.1 miles upstream of Smithfield Road +175 Tributary 2 At the confluence with South River Tributary 1 +122 Cumberland County (Unincorporated Areas). Approximately 0.4 mile upstream of Sambo Jackson Road +157 Tributary 3 At the confluence with South River +123 Cumberland County (Unincorporated Areas), Town of Falcon. Approximately 0.7 mile upstream of the confluence with South River +139 Tributary 4 Approximately 600 feet upstream of the confluence with South River +127 Cumberland County (Unincorporated Areas). Approximately 0.5 mile upstream of Rhodes Pond Road +138 Stewarts Creek At the confluence with Rockfish Creek +122 Cumberland County (Unincorporated Areas). At the Cumberland/Hoke County boundary +199 Stewarts Creek (North) Approximately 0.8 mile upstream of Morganton Road +204 Cumberland County (Unincorporated Areas), City of Fayetteville. Approximately 1.4 miles upstream of Morgantown Road +229 Swans Creek At the confluence with Willis Creek +95 Cumberland County (Unincorporated Areas). Approximately 470 feet upstream of Yarborough Road +109 Tank Creek At the confluence with Little River +147 Cumberland County (Unincorporated Areas), Town of Spring Lake. Approximately 50 feet upstream of Railroad +175 Willis Creek Approximately 500 feet downstream of Highway 87 +69 Cumberland County (Unincorporated Areas). At the confluence of Swans Creek and Long Branch +95 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES City of Fayetteville Maps are available for inspection at The City of Fayetteville Zoning Department, 433 Hay Street, Fayetteville, North Carolina. Town of Falcon Maps are available for inspection at the Falcon Town Hall, 7156 South West Street, Falcon, North Carolina. Town of Hope Mills Maps are available for inspection at the Hope Mills Town Hall, 5770 Rockfish Road, Hope Mills, North Carolina. Town of Spring Lake Maps are available for inspection at the Spring Lake Town Hall, 300 Ruth Street, Spring Lake, North Carolina. Town of Stedman Maps are available for inspection at the Stedman Town Hall, 5110 Front Street, Stedman, North Carolina. Town of Wade Maps are available for inspection at the Wade Town Hall, 7128 Main Street, Wade, North Carolina. Unincorporated Areas of Cumberland County Maps are available for inspection at the Cumberland County Mapping Department, 117 Dick Street, Fayetteville, North Carolina. Hoke County, North Caronlina (Unincorporated Areas) (FEMA Docket Nos. D-7540 and D-7642) Beaver Creek At the confluence with Black Branch +164 Hoke County (Unincorporated Areas). Approximately 100 feet downstream of US 401 +239 Beaver Creek Tributary At the confluence with Beaver Creek +182 Hoke County (Unincorporated Areas). Approximately 0.3 mile upstream of Doc Brown Road +239 Tributary to Beaver Creek Tributary At the confluence with Beaver Creek Tributary +235 Hoke County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with Beaver Creek Tributary +246 Big Branch Approximately 375 feet upstream of the confluence with Rockfish Creek +129 Hoke County (Unincorporated Areas). At the Hoke/Robeson County boundary +144 Big Marsh Swamp At the county boundary +188 Hoke County (Unincorporated Areas). Approximately 100 feet downstream of Conoly Road +230 Big Marsh Swamp Tributary At the confluence with Big Marsh Swamp +198 Hoke County (Unincorporated Areas). Approximately 1.0 mile upstream of Old Wire Road +226 Big Middle Swamp At the confluence with Raft Swamp +205 Hoke County (Unincorporated Areas). Approximately 1,750 feet downstream of L McLaughlin Road +276 Big Middle Swamp Tributary At the confluence with Big Middle Swamp +244 Hoke County (Unincorporated Areas). Approximately 680 feet downstream of Laurinburg Road +254 Black Branch Approximately 1,700 feet upstream of the confluence with Puppy Creek +147 Hoke County (Unincorporated Areas). Approximately 0.6 mile upstream of Saddlebred Lane +192 Buffalo Creek At the confluence with the Lumber River +235 Hoke County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence of Buffalo Creek Tributary 2 +383 At the confluence with Buffalo Creek +274 Hoke County (Unincorporated Areas). Tributary 1 Approximately 0.6 mile upstream of the confluence with Buffalo Creek +289 At the confluence with Buffalo Creek +289 Hoke County (Unincorporated Areas). Tributary 2 Approximately 1.3 miles upstream of the confluence with Buffalo Creek +360 Deep Creek At the confluence with Little River +189 Hoke County (Unincorporated Areas). Approximately 2.9 miles upstream of the confluence of Mill Creek (into Deep Creek) +266 Flat Creek At the confluence with Little River +195 Hoke County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence of Flat Creek Tributary +266 Flat Creek Tributary At the confluence with Flat Creek +239 Hoke County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Flat Creek +268 Gully Branch Approximately 400 feet upstream of the confluence with Rockfish Creek +128 Hoke County (Unincorporated Areas). Approximately 0.4 mile upstream of Overlake Drive +197 Gum Swamp At the county boundary +219 Hoke County (Unincorporated Areas). Approximately 120 feet upstream of Spring Hill Road +230 Horse Creek At the confluence with Little River +204 Hoke County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Little River +231 James Creek At the confluence with Little River +210 Hoke County (Unincorporated Areas). At the Hoke/Moore County boundary +300 James Creek Tributary At the confluence with James Creek +211 Hoke County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with James Creek +241 Jordan Swamp At the county boundary +218 Hoke County (Unincorporated Areas). Approximately 0.6 mile upstream of Old Maxton Road +234 Jumping Run creek At the confluence with Little River +182 Hoke County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Little River +227 Little Creek At the confluence with the Lumber River +246 Hoke County (Unincorporated Areas). Approximately 1.3 miles upstream of Pendergrass Road +290 Little Marsh Swamp At the county boundary +191 Hoke County (Unincorporated Areas). Approximately 30 feet downstream of Golf Course Road +222 Little Middle Swamp At the confluence with Raft Swamp +205 Hoke County (Unincorporated Areas). Approximately 1,300 feet downstream of Old Maxton Road +230 Little Raft Swamp At the county boundary +187 Hoke County (Unincorporated Areas). Approximately 0.6 mile upstream of Laurinburg Road +258 Little Raft Swamp Tributary At the confluence with Little Raft Swamp +197 Hoke County (Unincorporated Areas). Approximately 0.4 mile upstream of Wilson Road +223 LIttle River At the Hoke/Cumberland County boundary +178 Hoke County (Unincorporated Areas). At the Hoke/Moore County boundary +209 Little Rockfish Creek At the Hoke/Cumberland boundary +172 Hoke County (Unincorporated Areas). Approximately 500 feet downstream of Plank Road +182 Tributary 1 At the confluence with Little Rockfish Creek +180 Hoke County (Unincorporated Areas). Approximately 0.2 mile upstream of Plank Road +211 Long Swamp Approximately 500 feet upstream of Bullard Road +207 Hoke County (Unincorporated Areas). Approximately 0.5 mile upstream of Wilson Road +225 Lumber River At the downstream county boundary +205 Hoke County (Unincorporated Areas). At the upstream county boundary +268 Lumber River Tributary At the confluence with the Lumber River +259 Hoke County (Unincorporated Areas). Approximately 0.6 mile upstream of Ashemont Road +360 McNeills Mill Creek At the confluence with Big Marsh Swamp +195 Hoke County (Unincorporated Areas). Approximately 1,100 feet upstream of Pate Road +226 Mill Creek (into Deep Creek) At the confluence with Deep Creek +199 Hoke County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Deep Creek +240 Mill Creek (into Rockfish Creek) Approximately 200 feet upstream of the confluence with Rockfish Creek +203 Hoke County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Rockfish Creek +249 Mill Creek Tributary (into Rockfish Creek) At the confluence with Mill Creek (into Rockfish Creek) +248 Hoke County (Unincorporated Areas). Approximately 0.1 mile upstream of the confluence of Mill Creek (into Rockfish Creek) +260 Mill Creek Tributary

(Hoke)At the confluence with Mill Creek

(Hoke)+166 Hoke County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Mill Creek

(Hoke)+190 Mill Creek

(Hoke)Approximately 900 feet upstream of the confluence of Rockfish Creek +131 Hoke County (Unincorporated Areas). Approximately 0.8 mile upstream of Chason Road +178 Mountain Creek At the confluence with the Lumber River +247 Hoke County (Unincorporated Areas). Approximately 0.6 mile upstream of Army Road +329 Mountain Creek Tributary At the confluence with Mountain Creek +280 Hoke County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Mountain Creek +300 Nicholsons Creek Approximately 1,750 feet upstream of the confluence with Rockfish Creek +189 Hoke County (Unincorporated Areas). Approximately 4.0 miles upstream of the confluence with Mott Lake +310 Pedler Branch Approximately 2,200 feet upstream of the confluence with Rockfish Creek +178 Hoke County (Unincorporated Areas), City of Raeford. At South Main Street +226 Pedler Branch Tributary At the confluence with Pedler Branch +215 Hoke County (Unincorporated Areas), City of Raeford. Approximately 350 feet upstream of the railroad +228 Quewhiffle Creek At the confluence with the Lumber River +255 Hoke County (Unincorporated Areas). Approximately 1.2 miles upstream of Calloway Road +347 Tributary 1 At the confluence with Quewhiffle Creek +289 Hoke County (Unincorporated Areas). Approximately 40 feet downstream of Strother Road +328 Tributary 2 At the confluence with Quewhiffle Creek +289 Hoke County (Unincorporated Areas). At the county boundary +313 Tributary to Quewhiffle Creek Tributary 1 At the confluence with Quewhiffle Creek Tributary 1 +297 Hoke County (Unincorporated Areas). Approximately 0.8 mile upstream of Calloway Road +353 Raft Swamp At the county boundary +182 Hoke County (Unincorporated Areas). Approximately 100 feet downstream of Turnpike Road +279 Tributary 1 At the confluence with Raft Swamp +205 Hoke County (Unincorporated Areas). Approximately 375 feet downstream of Redsprings Road +219 Tributary 2 At the confluence with Raft Swamp +253 Hoke County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Raft Swamp +265 Silver Run At the confluence with James Creek +283 Hoke County (Unincorporated Areas). Approximately 2,100 feet from the confluence with Jones Creek +293 Stewarts Creek Approximately 700 feet upstream of the confluence with Rockfish Creek +122 Hoke County (Unincorporated Areas). Approximately 1.2 miles upstream of Lindsay Road +241 Stewarts Creek Tributary At the confluence with Stewarts Creek +199 Hoke County (Unincorporated Areas). Approximately 1.1 miles upstream of Lindsay Road +235 Toneys Creek At the confluence with Raft Swamp +211 Hoke County (Unincorporated Areas), City of Raeford. Approximately 800 feet downstream of Turnpike Road +265 Tributary 1 At the confluence with Toneys Creek +215 Hoke County (Unincorporated Areas), City of Raeford. Approximately 0.5 mile upstream of Laurinburg Road/U.S. 401 +260 Tuckahoe Creek At the confluence with James Creek +233 Hoke County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence of Tuckahoe Creek +289 Tuckahoe Creek Tributary At the confluence with Tuckahoe Creek +277 Hoke County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Tuckahoe Creek Tributary +291 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES Unincorporated Areas of Hoke County Maps available for inspection at the Hoke County Permitting Office, 227 North Main Street, Raeford, North Carolina. City of Raeford Maps available for inspection at the Raeford City Hall, Planning Department, 315 North Main Street, Raeford, North Carolina. Moore County, North Carolina and Unincorporated Areas (FEMA Docket Nos. D-7540 and D-7626) Aberdeen Creek At the confluence with Drowning Creek +273 Moore County (Unincorporated Areas), Town of Southern Pines, Village of Pinehurst. Approximately 250 feet downstream of Williams Drive +470 Tributary 1 At Plantation Drive +385 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 0.7 mile upstream of Plantation Drive +442 Tributary 2 At the confluence with Aberdeen Creek +386 Village of Pinehurst. Approximately 0.6 mile upstream of the confluence +426 Tributary 3 At the confluence with Aberdeen Creek +386 Village of Pinehurst, Town of Southern Pines. Approximately 100 feet upstream of National Drive +463 Pinehurst, Town of Southern Pines. Tributary 4 At the confluence with Aberdeen Creek +418 Town of Southern Pines. Approximately 1,175 feet upstream of the confluence +436 Bear Creek At the confluence with Deep River +320 Moore County (Unincorporated Areas), Town of Robbins. Approximately 100 feet downstream of Adams Road +461 Beaver Creek (into Crane Creek) At the confluence with Crane Creek +234 Moore County (Unincorporated Areas). At the Moore/Lee County boundary +307 Big Governors Creek At the confluence with Deep Creek +257 Moore County (Unincorporated Areas). At the confluence with Big Governors Creek Tributary +304 Big Governors Creek Tributary At the confluence with Big Governors Creek +304 Moore County (Unincorporated Areas). Approximately 0.6 mile upstream of Torchwood Road +326 Big Juniper Creek At the confluence with McLendons Creek +320 Moore County (Unincorporated Areas). Approximately 1,200 feet upstream of Longleaf Lake Dam +555 Board Branch At the confluence with Joe's Fork +368 Moore County (Unincorporated Areas), Village of Pinehurst. Approximately 1,300 feet upstream of Yadkin Road (State Route 211) +456 Buffalo Creek

(Hoke)At the confluence with Little River +186 Moore County (Unincorporated Areas). At the Moore/Harnett County boundary +218 Buffalo Creek (Moore) At the confluence with Deep River +288 Moore County (Unincorporated Areas). Approximately 3.8 miles upstream of State Highway 24 +502 Buffalo Creek Tributary 1 At the confluence with Buffalo Creek

(Hoke)+194 Moore County (Unincorporated Areas). Approximately 1,400 feet upstream of Marks Road +337 Cabin Creek Approximately 200 feet upstream of the confluence with Bear Creek +361 Moore County (Unincorporated Areas), Town of Robbins. At the Moore/Montgomery County boundary +487 Carrolls Branch At the confluence with James Creek +252 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 4.3 miles upstream of Youngs Road +365 Cotton Creek At the confluence with Cabin Creek +449 Moore County (Unincorporated Areas). At the Moore/Montgomery County boundary +482 Crane Creek At the confluence with Little River +194 Moore County (Unincorporated Areas), Town of Carthage, Town of Vass. Approximately 500 feet upstream of State Highway 24 +369 Moore County (Unincorporated Areas), Town of Carthage, Town of Vass. Crawley Creek At the confluence with Big Governors Creek +257 Moore County (Unincorporated Areas). Approximately 800 feet upstream of Old River Road +318 Tributary 1 At the confluence with Crawley Creek +289 Moore County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Crawley Creek +298 Tributary 2 At the confluence with Crawley Creek +289 Moore County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Crawley Creek +307 Cypress Creek Just upstream of Loblolly Drive +228 Moore County (Unincorporated Areas). At the Moore/Harnett County boundary +228 Deep Creek At the confluence with Horse Creek +302 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 1.0 mile upstream of the confluence with Sandy Run +367 Deep River At the Moore/Chatham County boundary +250 Moore County (Unincorporated Areas). At the Moore/Randolph County boundary +352 Tributary 4 At the confluence with Deep River +265 Moore County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Deep River +267 Tributary 5 At the confluence with Deep River +265 Moore County (Unincorporated Areas). Approximately 0.5 mile upstream of Rascob Road +265 Drowning Creek At Moore/Hoke County boundary +268 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 400 feet downstream of Purdue Road +672 Tributary 2 At the confluence with Drowning Creek +458 Moore County (Unincorporated Areas) Approximately 1.4 miles upstream of Martin Road +545 Dry Creek At the confluence with Cabin Creek +369 Moore County (Unincorporated Areas). Approximately 5.1 miles upstream of State Highway 24 +533 Dunham Creek At the confluence with Crane Creek +327 Moore County (Unincorporated Areas). Approximately 0.9 mile upstream of Farm Life School Road +354 Glade Branch At the confluence with McLendons Creek +263 Moore County (Unincorporated Areas). Approximately 0.8 mile upstream of Kelly Plantation Road +274 Grassy Creek At the confluence with Deep River +335 Moore County (Unincorporated Areas). Approximately 400 feet upstream of L. Moore Road +544 Hector Creek Just upstream of the confluence with Little River +178 Moore County (Unincorporated Areas). At the Moore/Harnett/Cumberland County boundaries +194 Herds Creek At the confluence with Crane Creek +278 Moore County (Unincorporated Areas). Approximately 1.1 miles upstream of Red Hill Road +357 Horse Creek At the confluence with Drowning Creek +284 Moore County (Unincorporated Areas), Village of Pinehurst. Approximately 0.4 mile upstream of Linden Road +374 Horse Creek (Moore) At the confluence with Dry Creek +393 Moore County (Unincorporated Areas). Approximately 1.9 miles upstream of Alex Road +474 Tributary 1 At the confluence with Horse Creek +319 Moore County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Horse Creek +431 Tributary 2 At the confluence with Horse Creek +342 Moore County (Unincorporated Areas), Town of Aberdeen, Village of Pinehurst. Approximately 1.2 miles upstream of the confluence +401 Tributary 4 At the confluence with Horse Creek +366 Moore County (Unincorporated Areas), Village of Pinehurst. Approximately 1,300 feet upstream of Linden Road +441 Jackson Creek At the confluence with Drowning Creek +369 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 1,975 feet upstream of Currie Mill Road +437 Tributary 1 At the confluence with Jackson Creek +372 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 0.6 mile upstream of the confluence of Tributary to Jackson Creek Tributary 1 +394 Tributary 3 At the confluence with Jackson Creek +415 Moore County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with Jackson Creek +443 James Creek At the confluence with Little River +209 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 0.4 mile upstream of Den Road +526 Joes Fork At the confluence of Nicks Creek +343 Moore County (Unincorporated Areas), Town of Taylortown, Village of Pinehurst. Just downstream of Stoneykirk Drive +430 Juniper Branch At the confluence with Nicks Creek +324 Town of Carthage, Town of Southern Pines. Approximately 1.2 miles upstream of Meyer Farm Road +437 Juniper Branch Tributary At the confluence with Juniper Branch +344 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 1.0 mile upstream of the confluence with Juniper Branch +401 Lake Auman Entire shoreline of Lake Auman within community +525 Moore County (Unincorporated Areas). Lick Creek At the confluence with Scotchman Creek +286 Moore County (Unincorporated Areas). Approximately 1.0 mile upstream of Putnam Church Road +356 Line Creek At the confluence with Deep River +250 Moore County (Unincorporated Areas). Approximately 0.5 mile upstream of Alston House Road +250 Little Crane Creek At the confluence with Little Crane Creek +259 Moore County (Unincorporated Areas), Town of Cameron. At the Moore/Lee County boundary +317 Little Crane Creek Tributary At the confluence with Little Crane Creek +304 Moore County (Unincorporated Areas), Town of Cameron. At the Moore/Lee County boundary +317 Little Creek (into Crane Creek) Approximately 700 feet upstream of the confluence with Crane Creek +206 Moore County (Unincorporated Areas). Approximately 1,100 feet upstream of Summer Creek Trail +275 Little Creek (Moore) At the confluence with McLendons Creek +280 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of Old Glendon Road +297 Little Creek Tributary At the confluence with Little Creek +233 Moore County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Little Creek on to Crane Creek +316 Little Governors Creek At the confluence with Big Governors Creek +257 Moore County (Unincorporated Areas). Approximately 8.3 miles upstream of the confluence with Big Governors Creek +360 Little River At the confluence with Hector Creek +178 Moore County (Unincorporated Areas), Town of Vass. Approximately 1.1 miles upstream of Beulah Hill Church Road +413 McCallum Branch At the confluence with Aberdeen Creek +340 Moore County (Unincorporated Areas), Town of Aberdeen, Village of Pinehurst. Approximately 0.4 mile upstream of confluence +340 McDeeds Creek At the confluence with Mill Creek (into Little River) +276 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 100 feet upstream of West New Hampshire Avenue +394 McIntosh Creek At the confluence with Big Governors Creek +265 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of Old River Road +376 McIntosh Creek Tributary At the confluence with McIntosh Creek +269 Moore County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with McIntosh Creek +281 McLendons Creek At the confluence with Deep River +263 Moore County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with McLendons Creek Tributary 3 +603 Tributary 1 At the confluence with McLendons Creek +274 Moore County (Unincorporated Areas). Approximately 1.5 miles upstream of Old Glendon Road +292 Tributary 2 At the confluence with McLendons Creek +399 Moore County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence with McLendons Creek +491 Tributary 3 At the confluence with McLendons Creek +453 Moore County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with McLendons Creek +597 Meadow Creek At the confluence with Buffalo Creek +400 Moore County (Unincorporated Areas). Approximately 1,400 feet upstream of State Highway 24/27 +462 Mill Creek (into Cabin Creek) At the confluence with Cabin Creek +411 Moore County (Unincorporated Areas). Approximately 700 feet upstream of the confluence with Mill Creek Tributary +547 Mill Creek (into James Creek) At the confluence with James Creek +314 Moore County (Unincorporated Areas), Town of Southern Pines. Approximately 1.5 miles upstream of the confluence with James Creek +364 Mill Creek (into Little River) At the confluence with Little River +252 Moore County (Unincorporated Areas), Towns of Vass and Southern Pines, Village of Whispering Pines. Approximately 0.4 mile upstream of State Highway 22 +360 New Lake At the confluence with McLendons Creek +422 Moore County (Unincorporated Areas). Approximately 1.4 miles upstream of Holly Grove School Road +537 New Lake Tributary At the confluence with New Lake +434 Moore County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with New Lake +565 Nicks Creek Approximately 1,250 feet upstream of the confluence with Little River +303 Moore County (Unincorporated Areas), Town of Carthage, Town of Southern Pines, Village of Pinehurst, Village of Whispering Pines. Approximately 2.3 miles upstream of Beulah Hill Church Road +420 Seven Lakes South At the confluence with Big Juniper Creek +451 Moore County (Unincorporated Areas). Approximately 1,600 feet upstream of Cardinal Lane +525 Simlin Creek Just upstream of the confluence with Bear Creek +360 Moore County (Unincorporated Areas), Town of Robbins. Approximately 1.2 miles upstream of Trail Ridge Road +375 Sings Creek At the confluence with Wet Creek +440 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of Bensalem Church Road +529 Suck Creek At the confluence with McLendons Creek +333 Moore County (Unincorporated Areas). Approximately 100 feet upstream of Mount Carmel Road +360 Toms Creek At the confluence with Richland Creek +263 Moore County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Richland Creek +289 Tributary to Drowning Creek Tributary 2 At the confluence with Drowning Creek Tributary 2 +470 Moore County (Unincorporated Areas). Approximately 1,800 feet upstream of Eagle Branch Road +516 Tributary to Jackson Creek Tributary 1 At the confluence with Jackson Creek Tributary 1 +380 Moore County (Unincorporated Areas), Village of Foxfire. Approximately 1,750 feet downstream of Jackson Springs Road +402 Tributary to McLendons Creek Tributary 1 At the confluence with McLendons Creek Tributary 1 +276 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of Brady Road +290 Tributary 2 At the confluence with McLendons Creek Tributary 2 +415 Moore County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with McLendons Creek Tributary 2 +455 Tributary to Quewhiffle Creek Tributary 2 At the confluence with Quewhiffle Creek Tributary 2 +316 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of confluence of Quewhiffle Creek Tributary 2 +343 Turkey Creek At the confluence with Little River +184 Moore County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Little River +221 Tysons Creek At the confluence with Deep River +273 Moore County (Unincorporated Areas). At the Moore/Chatham County boundary +320 Wads Creek Approximately 0.4 mile upstream of Little River Farm Boulevard +325 Moore County (Unincorporated Areas), Town of Carthage. Approximately 0.6 mile upstream of Murdocksville Road +404 Wet Creek At the confluence with Cabin Creek +373 Moore County (Unincorporated Areas). Approximately 0.4 mile upstream of Skill Road +559 Wildcat Branch At the confluence with Beaver Creek +297 Moore County (Unincorporated Areas). At the Moore/Chatham County boundary +297 Williams Creek At the confluence with Bear Creek +419 Moore County (Unincorporated Areas). Approximately 0.9 mile upstream of Willie Road +474 Wolf Creek At the confluence with Bear Creek +386 Moore County (Unincorporated Areas). At the Moore/Montgomery County boundary +518 Lick Creek (into Deep River) At the confluence with Deep River +263 Moore County (Unincorporated Areas). Approximately 300 feet upstream of Glendon-Carthage Road +266 Mill Creek Tributary At the confluence with Mill Creek (into Cabin Creek) +547 Moore County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Mill Creek (into Cabin Creek) +576 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES Town of Aberdeen Maps available for inspection at the Aberdeen Planning Department, 115 North Poplar Street, Aberdeen, North Carolina. Town of Cameron Maps available for inspection at the Cameron Town Clerk's Office, 247 Carter Street, Cameron, North Carolina. Town of Carthage Maps available for inspection at the Carthage Town Clerk's Office, 4396 Highway 15-501, Carthage, North Carolina. Village of Foxfire Maps available for inspection at the Foxfire Village Zoning Department, 1 Town Hall Drive, Foxfire Village, North Carolina. Unincorporated Areas of Moore County Maps available for inspection at the Moore County Planning Office, 101A Monroe Street, Courthouse Square, Carthage, North Carolina. Town of Pinebluff Maps available for inspection at the Pinebluff Zoning Department, 325 East Baltimore Avenue, Pinebluff, North Carolina. Village of Pinehurst Maps available for inspection at the Village of Pinehurst Planning Office, 395 Magnolia Road, Pinehurst, North Carolina. Town of Robbins Maps available for inspection at the Robbins Town Hall, 101 North Middleton Street, Robbins, North Carolina. Town of Southern Pines Maps available for inspection at the Southern Pines Planning Department, 180 Southwest Broad Street, Southern Pines, North Carolina. Town of Taylortown Maps available for inspection at the Tarylortown Town Hall, 8350 Main Street, Taylortown, North Carolina. Town of Vass Maps available for inspection at the Vass Town Clerk's Office, 140 South Alma Street, Vass, North Carolina 28394. Village of Whispering Pines Maps available for inspection at the Whispering Pines Village Office, 10 Pine Ridge Drive, Whispering Pines, North Carolina. NORTH CAROLINA Sampson County (FEMA Docket Nos. D-7660 and D-7636) Bearskin Swamp At the confluence with Little Coharie Creek +87 Sampson County (Unincorporated Areas). Approximately 1.3 miles upstream of Bearskin Road +153 Beaverdam Creek At the confluence with Clear Run +57 Sampson County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence with Clear Run +97 Beaverdam Run At the confluence with Great Coharie Creek +99 Sampson County (Unincorporated Areas). Approximately 0.6 mile upstream of High House Road +168 Beaverdam Swamp At the confluence with Mongo Swamp +127 Sampson County (Unincorporated Areas). Approximately 1.3 miles upstream of U.S. Highway 421 +191 Beaverdam Swamp 1 At the confluence with Six Runs Creek +93 Sampson County (Unincorporated Areas). Approximately 350 feet upstream of Isaac Weeks Road +137 Beaverdam Swamp 2 At the confluence with Great Coharie Creek +106 Sampson County (Unincorporated Areas). Approximately 260 feet downstream of Keener Road +133 Tributary 1 At the confluence with Beaverdam Swamp 2 +119 Sampson County (Unincorporated Areas). Approximately 0.4 mile upstream of Wiggins Road +139 Beaverdam Swamp 3 At the confluence with Great Coharie Creek +134 Sampson County (Unincorporated Areas), Town of Newton Grove. Approximately 1,000 feet upstream of the confluence of Beaverdam Swamp 3, Tributary 2 +155 Tributary 2 At the confluence with Beaverdam Swamp 3 +154 Town of Newton Grove. Approximately 800 feet upstream of Old Goldsboro Road +162 Beaverdam Run Tributary 1 At the confluence with Beaverdam Run +121 Sampson County (Unincorporated Areas). Approximately 160 feet downstream of High House Road +135 Big Branch At the confluence with Black River +42 Sampson County (Unincorporated Areas). Approximately 0.7 mile upstream of Harrells Highway (NC Highway 411) +84 Big Juniper Run At the confluence with Mingo Swamp +151 Sampson County (Unincorporated Areas). Approximately 1,200 feet upstream of Lee's Chapel Church Road +192 Big Swamp At the confluence with South River +77 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of Minnie-Hall Road +128 Bills Swamp At the confluence with Little Coharie Creek +58 Sampson County (Unincorporated Areas). Approximately 1.4 miles upstream of Norris Road +89 Black River At the Bladen/Pender/Sampson County boundary +23 Sampson County (Unincorporated Areas). Approximately 3.6 miles upstream of the confluence of Big Branch +45 Tributary 1 At the confluence with Black River +33 Sampson County (Unincorporated Areas). Approximately 1,300 feet upstream of G. Shaw Road +68 Buckhorn Creek At the confluence with Crane Creek +69 Sampson County (Unincorporated Areas). Approximately 1.9 miles upstream of Boney Mill Road +103 Bulltail Creek At the Sampson/Duplin County boundary +58 Sampson County (Unincorporated Areas). Approximately 0.5 mile upstream of Bull Tail Road +63 Caesar Swamp At the confluence with Little Coharie Creek +132 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of Straw Pond School Road +180 Canty Mill Branch At the confluence with Black River +38 Sampson County (Unincorporated Areas). Approximately 0.5 mile upstream of Melvin Road +57 Cat Creek At the confluence with Black River +35 Sampson County (Unincorporated Areas). Approximately 1,750 feet upstream of Private Road +79 Cat Tail Branch At the confluence with Williams Old Mill Branch +122 City of Clinton. Approximately 1,380 feet upstream of East Johnson Street +138 Clear Run Just upstream of Lundy Road +46 Sampson County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence of Beaverdam Creek +70 Clifton Branch (formerly Kings Branch) At the confluence with Six Runs Creek +121 Sampson County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Six Runs Creek +137 Cobb Branch At the confluence with Canty Mill Branch +40 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of confluence with Canty Mill Branch +48 Craddock Swamp At the confluence with Ward Swamp +141 Sampson County (Unincorporated Areas). Approximately 275 feet downstream of William R. King Road +167 Crane Creek At the confluence with Six Runs Creek +57 Sampson County (Unincorporated Areas). Approximately 1.9 miles upstream of West Mount Gilead Church Road +106 Cypress Lake At the confluence with Black River +27 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of Ivanhoe Road +65 Devane Branch At the confluence with Black River +38 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of Tomahawk Highway (NC Highway 41) +79 Doctors Creek At the Sampson/Duplin County boundary +87 Sampson County (Unincorporated Areas). Approximately 250 feet upstream of the Sampson/Duplin County boundary +88 Dollar Branch Approximately 800 feet upstream of the confluence with Williams Old Mill Branch +105 Sampson County (Unincorporated Areas), City of Clinton. Approximately 1,060 feet upstream of W. Morisey Boulevard +140 Encoh Mill Creek At the confluence with South River +31 Sampson County (Unincorporated Areas). Approximately 1.4 miles upstream of Dam +67 Gilmore Swamp At the confluence with Six Runs Creek +100 Sampson County (Unincorporated Areas). Approximately 0.5 mile upstream of King Road +142 Gilmore Swamp Tributary At the confluence with Gilmore Swamp +115 Sampson County (Unincorporated Areas). Approximately 1.6 miles upstream of King Road +136 Goshen Swamp At the Sampson/Duplin County boundary +117 Sampson County (Unincorporated Areas). Approximately 228 feet upstream of Preacher Henrys Road +167 Great Coharie Creek Approximately 0.8 mile upstream of the confluence with Black River and Six Runs Creek +52 Sampson County (Unincorporated Areas). Approximately 1.0 mile upstream of Oak Grove Church Road +182 Tributary 1 At the confluence with Great Coharie Creek +67 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Great Coharie Creek +103 Tributary 2 At the confluence with Great Coharie Creek +67 Sampson County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Great Coharie Creek +101 Tributary 3 At the confluence with Great Coharie Creek +113 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of Keener Road +148 Hoe Swamp At the confluence with Six Runs Creek +118 Sampson County (Unincorporated Areas). Approximately 0.9 mile upstream of Hunter Road +157 Hornet Swamp At the confluence with Little Coharie Creek +133 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of North Salemburg Highway +170 Johnson Mill Branch At the confluence with Little Coharie Creek +68 Sampson County (Unincorporated Areas). Approximately 1,240 feet upstream of Greens Bridge Road +109 Jones Swamp At the confluence with South River +110 Sampson County (Unincorporated Areas). Approximately 810 feet upstream of Welcome School Road +138 Keith Branch At the confluence with Black River +34 Sampson County (Unincorporated Areas) Approximately 1,430 feet upstream of Firetower Road +48 Kill Swamp At the confluence with Great Coharie Creek +132 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of Emmet Thornoton Road +176 Tributary 1 At the confluence with Kill Swamp +165 Sampson County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Kill Swamp +169 Little Beaverdam Swamp At the confluence with South River +120 Sampson County (Unincorporated Areas). Approximately 1.0 mile upstream of Phillips Road +155 Tributary 1 At the confluence with Little Beaverdam Swamp +123 Sampson County (Unincorporated Areas). Approximately 1.3 mile upstream of the confluence with Little Beaverdam Swamp Tributary 2 +138 Tributary 2 At the confluence with Little Beaverdam Swamp Tributary 1 +123 Sampson County (Unincorporated Areas). Approximately 0.7 mile upstream of Charles Newland Road +145 Little Coharie Creek At the confluence with Great Coharie Creek +58 Sampson County (Unincorporated Areas). Approximately 1.1 miles upstream of Newton Grove Highway (U.S. Highway 13) +192 Little Coharie Creek Tributary At the confluence with Little Coharie Creek +87 Sampson County (Unincorporated Areas). Approximately 0.3 mile upstream of Andrews Chapel Road +117 Little Juniper Run At the confluence with Big Juniper Run +172 Sampson County (Unincorporated Areas). Approximately 0.6 mile upstream of Draughon Road +214 Lockamy Mill At the confluence with Little Coharie Creek +73 Sampson County (Unincorporated Areas). Approximately 0.9 mile upstream of State Route 411 +103 Marsh Swamp At the confluence with Great Coharie Creek +112 Sampson County (Unincorporated Areas). Approximately 1,020 feet upstream of Odom Road +143 McPhail Branch At the confluence with Merkle Swamp +131 Sampson County (Unincorporated Areas). Approximately 1.1 miles upstream of confluence with Merkle Swamp +160 Meetinghouse Branch At the confluence with Great Coharie Creek +103 Sampson County (Unincorporated Areas). Approximately 0.6 mile upstream of Basstown Road +128 Merkle Swamp At the confluence with Great Coharie Creek +116 Sampson County (Unincorporated Areas). Approximately 0.7 mile upstream of Joel Jones Lane +155 Mill Creek At the Sampson/Duplin County boundary +51 Sampson County (Unincorporated Areas). Approximately 800 feet upstream of Matthews Road +66 Mill Creek 2 At the confluence with Great Coharie Creek +63 Sampson County (Unincorporated Areas). Approximately 1.4 miles upstream of Garland Highway (Highway 701) +110 Tributary 2 At the confluence with Mill Creek +61 Sampson County (Unincorporated Areas). At the Sampson/Pender County boundary +75 Mill Run At the confluence with Six Runs Creek +86 Sampson County (Unincorporated Areas). Approximately 1.9 miles upstream of Rowan Road +111 Mill Swamp At the confluence with Six Runs Creek +102 Sampson County (Unincorporated Areas). Approximately 2.5 miles upstream of Lake Artesia Road +123 Mill Swamp Tributary At the confluence with Mill Swamp +122 Sampson County (Unincorporated Areas). Approximately 0.4 mile upstream of confluence with Mill Swamp +125 Mingo Swamp At the confluence with South River +127 Sampson County (Unincorporated Areas). At the Sampson/Harnett/Johnston County boundary confluence with Mill Swamp +173 Old Mill Swamp At the confluence with Great Coharie Creek +113 Sampson County (Unincorporated Areas). Approximately 1.0 mile upstream of Church Road +152 Peters Creek At the confluence with Buckhorn Branch +70 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of confluence with Buckhorn Branch +100 Pharisee Creek At the Sampson/Duplin County boundary +58 Sampson County (Unincorporated Areas). Approximately 0.5 mile upstream of Wilmington Highway (U.S. Highway 421) +67 Quewiffle Swamp At the confluence with Six Runs Creek +62 Sampson County (Unincorporated Areas). Approximately 2.2 miles upstream of Trinity Church Road +84 Railer Branch At the confluence of Goshen Swamp +135 Sampson County (Unincorporated Areas). Approximately 0.5 mile upstream of Hollingsworth Road +166 Rice Swamp At the confluence with Little Coharie Creek +99 Sampson County (Unincorporated Areas), Town of Salemburg. Approximately 0.4 mile upstream of Zoar Church Road +156 Robinson Mill Branch At the confluence with Six Runs Creek +56 Sampson County (Unincorporated Areas). Approximately 1,100 feet upstream of Private Road +114 Rocky Marsh Creek At the confluence with Great Coharie Creek +67 Sampson County (Unincorporated Areas). Approximately 0.6 mile upstream of Peterson Road +91 Rocky Marsh Creek Tributary At the confluence with Rocky Marsh Creek +78 Sampson County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Rocky Marsh Creek +138 Rowan Branch At the confluence with Six Runs Creek +82 Sampson County (Unincorporated Areas). Approximately 1.3 miles upstream of Rowan Road +140 Sevenmile Swamp At the confluence with Great Coharie Creek +128 Sampson County (Unincorporated Areas). Approximately 0.9 mile upstream of Easy Street +193 Shade Branch At the confluence with Quewiffle Swamp +80 Sampson County (Unincorporated Areas). Approximately 1,900 feet upstream of Rogers Mill Road +95 Six Runs Creek At the confluence with Black River +52 Sampson County (Unincorporated Areas). Approximately 0.9 mile upstream of N. McCullen Road +137 South River At the confluence with Black River +26 Sampson County (Unincorporated Areas), Town of Autryville. At the confluence with Mingo Swamp +127 South River Tributary 4 At the confluence with South River +127 Sampson County (Unincorporated Areas). Approximately 650 feet upstream of the confluence with South River +127 Spearmans Mill Creek At the confluence with Six Runs Creek +53 Sampson County (Unincorporated Areas). Approximately 0.6 mile upstream of Hayes Chapel Road +88 Starlins Swamp At the confluence with Beaverdam Swamp +138 Sampson County (Unincorporated Areas). Approximately 0.4 mile upstream of Staley Hall Road +177 Stewarts Creek (near Carroll) At the confluence with Six Runs Creek +67 Sampson County (Unincorporated Areas). At the Sampson/Duplin County boundary +83 Stony Run At the confluence with Mingo Swamp +158 Sampson County (Unincorporated Areas). Approximately 600 feet upstream of the confluence with Mingo Swamp +160 Tarkill Branch At the confluence with Six Runs Creek +52 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of Edmond Matthis Road +97 Tenmile Swamp At the confluence with Six Runs Creek +97 Sampson County (Unincorporated Areas). Approximately 1.0 mile upstream of McGowan Road +135 Tenmile Swamp Tributary At the confluence with Tenmile Swamp +107 Sampson County (Unincorporated Areas). Approximately 320 feet upstream of Thompson Avenue +127 Turkey Creek At the confluence with Six Runs Creek +90 Sampson County (Unincorporated Areas), Town of Turkey. At the Sampson/Duplin County boundary +117 Twomile Swamp At the confluence with Caesar Swamp +147 Sampson County (Unincorporated Areas). Approximately 1.0 mile upstream of Bynum Road +162 Ward Swamp At the confluence with Great Coharie Creek +124 Sampson County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Craddock Swamp +159 Tributary 1: At the confluence with Ward Swamp +129 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of Hobbton Highway (U.S. Highway 701) +156 Tributary 2 At the confluence with Ward Swamp Tributary 1 +133 Sampson County (Unincorporated Areas). Approximately 1.0 mile upstream of Share Cake Road +158 Tributary 3 At the confluence with Ward Swamp +133 Sampson County (Unincorporated Areas). Approximately 2.1 miles upstream of Hobbton Highway (U.S. Highway 701) +159 Tributary 4 At the confluence with Ward Swamp Tributary 3 +138 Sampson County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Ward Swamp Tributary 3 +152 Williams Old Mill Branch Approximately 600 feet upstream of U.S. 701 +121 Sampson County (Unincorporated Areas), City of Clinton. Approximately 400 feet upstream of Northeast Boulevard +124 Williams Old Mill Branch Tributary At the confluence with Williams Old Mill Branch +121 Sampson County (Unincorporated Areas), City of Clinton. Approximately 0.5 mile upstream of North Boulevard +149 Williamson Swamp At the confluence with Little Beaverdam Swamp +129 Sampson County (Unincorporated Areas). Approximately 340 feet upstream of Stanley Hall Road +179 Wolf Pit Branch At the confluence with Buckhorn Creek +85 Sampson County (Unincorporated Areas). Approximately 1,640 feet upstream of Ozzie Road +120 Youngs Swamp At the Sampson/Duplin County boundary +117 Sampson County (Unincorporated Areas). Approximately 1.9 miles upstream of Suttontown Road +137 * National Geodetic Vertical Datum 1929. + North American Vertical Datum 1988. # Depth in feet above ground. ADDRESSES City of Clinton Maps available for inspection at Clinton City Hall, 227 Lisbon Street, Clinton, North Carolina. Town of Autryville Maps available for inspection at Autryville Town Hall, 215 South Gray Street, Autryville, North Carolina. Town of Newton Grove Maps available for inspection at Newton Grove Hall, 304 West Weeksdale Street, Newton Grove, North Carolina. Town of Salemburg Maps available for inspection at Salemburg Town Hall, 100 Methodist Drive, Salemburg, North Carolina. Unincorporated Areas of Sampson County Maps available for inspection at the Sampsons County Inspections Department, 383 County Complex Road, Clinton, North Carolina. Town of Turkey Maps available for inspection at Turkey Town Hall, 51 Market Street, Turkey, North Carolina. Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD). +Elevation in feet (NAVD). #Depth in feet above ground Communities affected Rutherford County, Tennessee and Incorporated Areas (FEMA Docket No. B-7458) Andrews Creek Confluence with East Fork Stones River +608 Rutherford County (Unincorporated Areas). Approximately 50 feet upstream of Hollingsworth Road +657 Armstrong Branch Confluence with Puckett Creek +630 Rutherford County (Unincorporated Areas), City of Murfreesboro. Approximately 2,070 feet upstream of Yeargan Road +648 Bear Branch Confluence with East Fork Stones River +538 Rutherford County (Unincorporated Areas), City of Murfreesboro. Approximately 1,720 feet downstream of Compton Road +538 Big Springs Creek Confluence with Hurricane Creek +723 Rutherford County (Unincorporated Areas). Approximately 1,010 upstream of Jimmy C Newman Road +775 Bradley Creek Confluence with East Fork Stones River +558 Rutherford County (Unincorporated Areas). Approximately 5,280 feet upstream of King Road +685 Bushman Creek Confluence with East Fork Stones River +545 Rutherford County (Unincorporated Areas). Approximately 1,400 feet upstream of New Lascassas Road +596 Cheatham Branch Confluence with Harpeth River +724 Rutherford County (Unincorporated Areas), City of Eagleville. Approximately 3,420 feet upstream of South Main Street +788 Christmas Creek Approximately 1,400 feet upstream of the confluence with West Fork Stones River +639 Rutherford County (Unincorporated Areas). Approximately 930 feet upstream of Christiana Fosterville Road +698 Concord Branch Confluence with Harpeth River +739 Rutherford County (Unincorporated Areas). Approximately 1,200 feet upstream of Ditch Lane +749 Cripple Creek Confluence with East Fork Stones River +579 Rutherford County (Unincorporated Areas). Approximately 1,890 feet upstream of Big Springs Road +874 Dry Branch Confluence with Cripple Creek +592 Rutherford County (Unincorporated Areas). Approximately 1,350 feet upstream of John Bragg Highway +652 Dry Creek Confluence with Hurricane Creek +712 Rutherford County (Unincorporated Areas). Approximately 760 feet upstream of Cobb Road +746 Dry Fork Confluence with Bradley Creek +603 Rutherford County (Unincorporated Areas). Approximately 2.5 miles upstream of Givens Road +695 Dry Fork Creek Confluence with West Fork Stones River +685 Rutherford County (Unincorporated Areas). Approximately 4,640 feet upstream of Brothers Road +854 East Fork Stones River Approximately 2,900 feet downstream of State Route 840 +506 Rutherford County (Unincorporated Areas), City of Murfreesboro. Approximately 4,220 feet upstream of Goochie Ford Road +620 Fall Creek Approximately 1.4 miles downstream of Powells Chapel Road +508 Rutherford County (Unincorporated Areas). Approximately 1.7 miles upstream of Fall Parkway +556 Finch Branch Approximately 990 feet downstream of Jefferson Pike +580 City of Lavergne. Approximately 1,428 feet upstream of Greenwood Drive +619 Harpeth River Approximately 1,680 feet downstream of College Road +706 Rutherford County (Unincorporated Areas), City of Eagleville. Approximately 680 feet upstream of North Lane +737 Henry Creek Confluence with Short Creek +681 Rutherford County (Unincorporated Areas). Approximately 2,980 feet upstream of Sims Road +750 Hurricane Creek Confluence with Middle Forks Stones River +655 Rutherford County (Unincorporated Areas). Approximately 1.3 miles upstream of Cobb Road +723 Kelly Creek Confluence with Harpeth River +726 Rutherford County (Unincorporated Areas). Approximately 2,150 upstream of Floyd Road +797 Long Creek Approximately 4,910 feet upstream of confluence with Middle Fork Stones River +636 Rutherford County (Unincorporated Areas). Approximately 1.9 miles upstream of Jacobs Bend Road +672 Lytle Creek Approximately 1.3 miles upstream of Diton-Mankin Road +657 Rutherford County (Unincorporated Areas). Approximately 4,000 feet upstream of Cedar Grove Road +722 McElroy Branch Confluence with Cripple Creek +629 Rutherford County (Unincorporated Areas). Approximately 1,020 upstream of Murray Kittrell Road +670 McKnight Branch Confluence with East Fork Stones River +606 Rutherford County (Unincorporated Areas). Approximately 2.6 miles upstream of E. Trimble Road +658 Middle Fork Stones River Approximately 1.5 miles downstream of Epps Mill Road +651 Rutherford County (Unincorporated Areas). Approximately 4,730 upstream of Interstate 24 +774 Murray Branch Confluence with McElroy Branch +653 Rutherford County (Unincorporated Areas). Approximately 1.4 miles upstream of Floration Road +710 Olive Branch Approximately 2,950 feet upstream of Rocky Ford Road +584 Rutherford County (Unincorporated Areas). Approximately 2.6 miles upstream of Rocky Ford Road +684 Overall Creek Approximately 530 feet downstream of South Windrow Road +634 Rutherford County (Unincorporated Areas). Approximately 9,910 feet upstream of South Windrow Road +703 Panther Creek Approximately 1,400 feet upstream of the confluence with West Fork Stones River +647 Rutherford County (Unincorporated Areas). Approximately 2.9 miles upstream of Midland Road +702 Puckett Creek Just upstream of Old Salem Road +627 Rutherford County (Unincorporated Areas). Approximately 4,300 feet upstream of Old Salem Road +636 Reed Creek Confluence with Cripple Creek +715 Rutherford County (Unincorporated Areas). Approximately 1.8 miles upstream of Bradyville Pike +892 Rocky Fork Creek Approximately 2,400 feet upstream of Almaville Road +559 Rutherford County (Unincorporated Areas). Approximately 1,250 feet upstream of Laddie Lane +649 Short Creek Confluence with Long Creek +672 Rutherford County (Unincorporated Areas). Approximately 3,310 feet upstream of Millersburg Road +840 Stewart Creek Approximately 60 feet upstream of Almaville Road +603 Rutherford County (Unincorporated Areas). Approximately 940 feet upstream of Almaville Road +605 Stinking Creek Approximately 410 feet upstream of Hollandale Road +506 City of Lavergne. Approximately 1,220 feet upstream of Bill Stewart Blvd +584 Unnamed Tributary 007 Confluence with McKnight Branch +624 Rutherford County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with McKnight Branch +650 Unnamed Tributary 009 Confluence with Wades Branch +574 Rutherford County (Unincorporated Areas). Approximately 570 feet upstream of Dunaway Chapel Road +616 Unnamed Tributary 011 Confluence with Unnamed Tributary 009 +574 Rutherford County (Unincorporated Areas). Approximately 1,720 upstream of Dunaway Chapel Road +605 Unnamed Tributary 014 Approximately 300 feet upstream of the confluence with Stewart Creek +572 Rutherford County (Unincorporated Areas). Approximately 4,210 feet upstream of State Route 96 +658 Unnamed Tributary 018 Confluence with Cripple Creek +598 Rutherford County (Unincorporated Areas). Approximately 3,540 feet upstream of Cranor Road +605 Unnamed Tributary 026 Approximately 700 feet upstream of the confluence with Stewart Creek +560 Rutherford County (Unincorporated Areas). Approximately 3,100 feet upstream of Almaville Road +632 Unnamed Tributary 028 Approximately 1,150 downstream of Almaville Road +566 Rutherford County (Unincorporated Areas). Approximately 1,850 feet upstream of Woodland Trail +630 Unnamed Tributary 046 Confluence with Harpeth River +714 Rutherford County (Unincorporated Areas). Approximately 970 feet upstream of N Highway 41A +731 Unnamed Tributary 047 Confluence with Harpeth River +719 Rutherford County (Unincorporated Areas). Approximately 5,510 feet upstream of Rocky Glade Road +759 Unnamed Tributary 049 Approximately 3,670 feet downstream of N Highway 41A +706 Rutherford County (Unincorporated Areas). Approximately 373 feet upstream of N Highway 41A +724 Unnamed Tributary 051 Confluence with Unnamed Tributary 052 +689 Rutherford County (Unincorporated Areas). Approximately 1,620 feet upstream of Manus Road +703 Unnamed Tributary 052 Confluence with Murray Branch +686 Rutherford County (Unincorporated Areas). Approximately 2,980 feet upstream of Manus Road +723 Unnamed Tributary 055 Confluence with Middle Fork Stones River +670 Rutherford County (Unincorporated Areas). Approximately 250 feet upstream of Broyles Road +730 Unnamed Tributary 056 Confluence with Unnamed Tributary 055 +693 Rutherford County (Unincorporated Areas). Approximately 2,500 feet upstream of Christiana Hoovers Gap Road +716 Unnamed Tributary 057 Confluence with Unnamed Tributary 055 +702 Rutherford County (Unincorporated Areas). Approximately 680 feet upstream of the confluence with Unnamed Tributary 057 +704 Unnamed Tributary 058 Confluence with Middle Fork Stones River +691 Rutherford County (Unincorporated Areas). Approximately 2,500 feet upstream of confluence with Middle Fork Stones River +706 Unnamed Tributary 069 Confluence with Harpeth River +726 Rutherford County (Unincorporated Areas). Approximately 5,400 feet upstream of Swamp Road +734 Unnamed Tributary 081 Confluence with Long Creek +672 Rutherford County (Unincorporated Areas). Approximately 930 feet upstream of Johnson Road +678 Unnamed Tributary 092 Confluence with Panther Creek +680 Rutherford County (Unincorporated Areas). Approximately 2,420 feet upstream of Panther Creek Road +689 Unnamed Tributary 116 Confluence with Hurricane Creek +673 Rutherford County (Unincorporated Areas). Approximately 4,310 feet upstream of Jacobs Road +743 Unnamed Tributary 118 Confluence with Hurricane Creek +711 Rutherford County (Unincorporated Areas). Approximately 3,350 feet upstream of confluence with Hurricane Creek +730 Unnamed Tributary 119 Confluence with Hurricane Creek +722 Rutherford County (Unincorporated Areas). Approximately 1,240 feet upstream of confluence with Hurricane Creek +732 Unnamed Tributary 124 Confluence with Murray Branch +676 Rutherford County (Unincorporated Areas). Approximately 4,000 feet upstream of confluence with Murray Branch +708 Unnamed Tributary 126 Confluence with Murray Branch +709 Rutherford County (Unincorporated Areas). Approximately 1,670 feet upstream of Gum Puckett Road +751 Unnamed Tributary 133 At the Rutherford/Cannon County Boundary +614 Rutherford County (Unincorporated Areas). Approximately 1,960 feet upstream of the Rutherford/Cannon County Boundary +625 Unnamed Tributary 141 Approximately 1,750 feet upstream of the confluence with Stewart Creek +567 Rutherford County (Unincorporated Areas). Approximately 2,130 feet upstream of E. North Creek Road +594 Unnamed Tributary 143 Approximately 800 feet downstream of Almaville Road +571 Rutherford County (Unincorporated Areas). Approximately 1 mile upstream of Almaville Road +640 Unnamed Tributary 144 Approximately 750 feet upstream of the confluence with Stewart Creek +578 Rutherford County (Unincorporated Areas). Approximately 2.4 miles upstream of Almaville Road +713 Unnamed Tributary 150 Confluence with Christmas Creek +698 Rutherford County (Unincorporated Areas). Approximately 610 feet upstream of confluence with Christmas Creek +698 Unnamed Tributary 177 Confluence with Harpeth River +721 Rutherford County (Unincorporated Areas). Approximately 2,970 feet upstream of confluence with Harpeth River +733 Unnamed Tributary 179 Confluence with Harpeth River +722 Rutherford County (Unincorporated Areas). Approximately 2,710 feet upstream of confluence with Harpeth River +729 Unnamed Tributary 182 Confluence with Finch Branch +585 City of Lavergne. Approximately 400 feet upstream of Akin Street +610 Unnamed Tributary 183 Approximately 490 feet upstream of confluence with Finch Branch +544 City of Lavergne. Approximately 1,790 feet upstream of Louisville and Nashville Railroad +585 Unnamed Tributary 184 Approximately 1,000 feet upstream of E Sam Ridley Parkway +513 Town of Smyrna. Approximately 3,700 feet upstream of E Sam Ridley Parkway +524 Unnamed Tributary 185 Confluence with Cheatham Branch +778 City of Eagleville. Approximately 450 feet upstream of Spring Street +812 Unnamed Tributary to West Fork Stones River Approximately 1,010 feet downstream of Kimbro Road +626 Rutherford County (Unincorporated Areas). Approximately 1,460 feet upstream of Kimbro Road +632 Wades Branch Confluence with East Fork Stones River +527 Rutherford County (Unincorporated Areas). Approximately 3.1 miles upstream of State Route 102 +593 West Fork Stones River Approximately 360 feet downstream of Walnut Grove Road +675 Rutherford County (Unincorporated Areas). Approximately 1.8 miles upstream of Midland Fosterville Road +765 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Eagleville Maps are available for inspection at P.O. Box 68, Eagleville, TN 37060. Send comments to the Honorable Nolan Barham Sr., Mayor, City of Eagleville, P.O. Box 68, Eagleville, TN 37060. City of Lavergne Maps are available for inspection at 5093 Murfreesboro Road, La Vergne, TN 37068. Send comments to the Honorable Sherry Green, Mayor, City of La Vergne, 5093 Murfreesboro Road, La Vergne, TN, 37086. City of Murfreesboro Maps are available for inspection at P.O. Box 1139, Murfreesboro, TN 37133. Send comments to the Honorable Tommy Bragg, Mayor, City of Murfreesboro, P.O. Box 1139, Murfreesboro, TN 37133. Town of Smyrna Maps are available for inspection at 315 South Lowery Street, Smyrna, TN 37167. Send comments to the Honorable Bobby Spivey, Mayor, Town of Smyrna, 315 South Lowery Street, Smyrna, TN 37167. Unincorporated Areas of Rutherford County Maps are available for inspection at 1 Public Square South, Murfreesboro, TN 37130. Send comments to the Honorable Nancy Allen, Mayor, Rutherford County, 1 Public Square, Room 101, Murfreesboro, TN 37130. Salt Lake County, Utah and Incorporated Areas Docket B-7454 Big Cottonwood Creek Approximately 140 feet upstream of confluence with Jordan River +4,246 Salt Lake County (Unincorporated Areas). Approximately 60 feet upstream of Holladay Cottonwood Road +4,642 Approximately 120 feet upstream of Wasatch Boulevard +4,896 Little Cottonwood Creek At confluence with Jordan Road +4,252 Salt Lake County (Unincorporated Areas). Just upstream of 2000 East Street +4,593 Approximately 600 feet upstream of Route 209 +5,384 Little Willow Creek At confluence with Willow Creek +4,610 City of Draper, City of Sandy. Approximately 1500 feet upstream of Hidden Brook Drive +5,094 Midas Creek At 11800 South Street +4,562 City of Herriman, City of Riverton, Salt Lake County (Unincorporated Areas). Approximately 430 feet upstream of 6000 West Street +4,920 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Salt Lake County Maps are available for inspection at the Public Works Department, Engineering, 451 South State Street, Suite N3100 Salt Lake City, UT 84190. Send comments to Honorable Peter Corroon, Salt Lake County, 2001 South State Street, Suite N2100, Salt Lake City, UT 84190. City of Draper Maps are available for inspection at 12441 South 900 East, Draper, UT 84020. Send comments to Honorable Darrell H. Smith, Mayor, City of Draper, 12441 South 900 East, Draper, UT 84020. City of Herriman Maps are available for inspection at 13011 South Pioneer Street, Herriman, UT 84065. Send comments to Honorable J. Lynn Crane, Mayor, City of Herriman, 13011 South Pioneer Street, Herriman, UT 84065. City of Riverton Maps are available for inspection at 12765 South 1400 West, Riverton, UT 84065. Send comments to Honorable R. Mont Evans, Mayor, City of Riverton, 12765 South 1400 West, Riverton, UT 84065. City of Sandy City Maps are available for inspection at 10000 Centennial Parkway, Sandy, UT 84070. Send comments to Honorable Tom Dolan, Mayor, City of Sandy City, 10000 Centennial Parkway, Sandy, UT 84070. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17271 Filed 10-16-06; 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 Dates:* The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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 Sumter County, South Carolina Docket No.: FEMA-B-7454 South Carolina Sumter County Beech Creek Approximately 1.1 miles upstream of Barnwell Drive *180 Approximately 100 feet downstream of Edgehill Road *225 Beech Creek Tributary 1 At the confluence with Beech Creek *168 Approximately 150 feet downstream of Raccoon Road *193 Brunson Branch At the confluence with Mulberry Branch *133 Approximately 700 feet upstream of Oswego Highway *144 Brunson Branch At the confluence with Brunson Branch *134 Tributary 1 Approximately 0.6 mile upstream of the confluence of Cut Through 1 *143 Cane Savannah Creek Approximately 200 feet downstream of Kolb Road *138 Approximately 250 feet upstream of Wedgefield Highway *164 Cut Through 1 At the confluence with Brunson Branch Tributary 1 *140 Just downstream of Jerry Street *144 Cut Through 2 At the confluence with Mulberry Branch *134 Just downstream of Jerry Street *144 Green Swamp Approximately 250 feet downstream of Mason Road *169 Approximately 50 feet downstream of Brewington Road *189 Hatchet Camp Branch At confluence with Cane Savannah Creek *160 Approximately 1.1 miles upstream of Bronco Road *256 Hope Swamp At the confluence with Pudding Swamp *108 Approximately 100 feet downstream of Narrow Paved Road *116 Horsepen Branch At the confluence with Green Swamp *181 Approximately 250 feet downstream of Stamey Livestock Road *203 Long Branch Approximately 330 feet downstream of Broad Street *173 Approximately 350 feet downstream of Frierson Road *223 Lynches River Approximately 7.7 miles downstream of Amwell Church Road *99 Approximately 1000 feet downstream of Interstate 95 *120 Mile Branch At the confluence with Brunson Branch *140 Approximately 0.2 mile downstream of U.S. Route 378 and 76 *143 Mulberry Branch At the confluence with Rocky Bluff Swamp *133 Approximately 150 feet downstream of Main Street *167 Mulberry Branch At the confluence with Mulberry Branch *134 Tributary 1 Approximately 1.3 miles upstream of the confluence with Mulberry Branch *143 Mush Swamp Approximately 850 feet downstream of Loring Mill Pond Road *162 Approximately 50 feet upstream of Eagle Road *204 Nasty Branch At the confluence with Cane Savannah Creek *128 Approximately 250 feet downstream of Bethel Church Road *175 Noyts Branch At the confluence of Green Swamp *129 Approximately 350 feet upstream of Main Street *159 Pocalla Creek At the confluence with Pocotaligo River *121 Approximately 250 feet downstream of South Guignard Drive *168 Pudding Swamp Approximately 300 feet downstream of Forge Road *103 Approximately 200 feet downstream of Trinity Road *125 Rocky Bluff Approximately 0.8 mile upstream of the confluence of Mulberry Branch *134 Approximately 900 feet downstream of Westbury Mill Road *168 Shot Pouch Branch At the confluence with Green Swamp *138 Approximately 450 feet downstream of Jefferson Road *176 Sooks Branch At the confluence of Green Swamp *133 Approximately 75 feet upstream of Council Lane *157 #Depth in feet above ground *National Geodetic Vertical Datum +North American Vertical Datum ADDRESSES: City of Sumter: Maps are available for inspection at 33 North Main Street, Sumter, SC 29150. Send comments to The Honorable Joseph T. McElveen Jr., Mayor, City of Sumter, P.O. Box 1449, Sumter, SC 29151. Unincorporated Areas of Sumter County: Maps are available for inspection at 33 North Main Street, Sumter, SC 29150. Send comments to Mr. William T. Noonan, Sumter County Administrator, 13 East Canal Street, Sumter, SC 29150. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17262 Filed 10-16-06; 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 Dates: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation 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: Flooding source(s) Location of referenced elevation *Elevation in feet (NGVD). +Elevation in feet (NAVD). #Depth in feet above ground. Modified Communities affected Pender County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7626 and D-7662 Angola Creek At the confluence with Holly Shelter Creek +20 Pender County (Unincorporated Areas). Approximately 0.2 mile downstream of the Pender/Duplin County boundary +31 Tributary 3 At the confluence with Angola Creek +23 Pender County (Unincorporated Areas). Approximately 500 feet upstream of Cypress Creek Road +33 Tributary 4 At the confluence with Angola Creek +26 Pender County (Unincorporated Areas). Approximately 1.4 miles upstream of NC Highway 50 +42 Ashes Creek At the confluence with Northeast Cape Fear River +17 Pender County (Unincorporated Areas). Approximately 2.8 miles upstream of Southwest Lake +35 Bear Branch At the confluence with Black River +16 Pender County (Unincorporated Areas). Approximately 2,000 feet upstream of Blueberry Road +28 Beckys Creek Approximately 1.1 miles upstream of the Intracoastal Waterway +8 Pender County (Unincorporated Areas). Approximately 1.0 mile upstream of State Route 210 +29 Bee Branch At the confluence with Cypress Creek (near Wards Corner) +45 Pender County (Unincorporated Areas). Approximately 350 feet upstream of Shiloh Road +55 Big Branch At the confluence with Colvins Creek +14 Pender County (Unincorporated Areas). Approximately 875 feet upstream of the confluence with Big Branch Tributary +24 Big Branch Tributary At the confluence with Big Branch +23 Pender County (Unincorporated Areas). Approximately 0.37 mile upstream of the confluence with Big Branch +33 Black River At the confluence with Cape Fear River +9 Pender County (Unincorporated Areas). Approximately 350 feet upstream of Beattys Bridge Road +24 Burgaw Creek At the confluence with Northeast Cape Fear River +15 Pender County (Unincorporated Areas), Town of Burgaw. Approximately 400 feet upstream of West Wilmington Street +50 Cape Fear River Approximately 0.6 mile downstream of the confluence with Black River +8 Pender County (Unincorporated Areas). At the Bladen/Pender County boundary +23 Catskin Creek At the confluence with Merricks and Players Creek +9 Pender County (Unincorporated Areas). Approximately 6.6 miles upstream of the confluence with Merricks and Players Creek +34 Colvins Creek At the confluence with Black River +16 Pender County (Unincorporated Areas). Approximately 0.8 mile upstream of Beattys Bridge Road +70 Tributary At the confluence with Colvins Creek +25 Pender County (Unincorporated Areas). Approximately 0.5 mile upstream of Slocum Trail +44 Cypress Creek (near Stag Park) At the confluence with Northeast Cape Fear River +13 Pender County (Unincorporated Areas), Village of Saint Helena. Approximately 800 feet upstream of Front Street +57 Cypress Creek (near Wards Corner) At the confluence with Long Creek +25 Pender County (Unincorporated Areas). Approximately 0.5 mile upstream of Shiloh Road +53 Doctors Creek At the confluence with Rockfish Creek +39 Pender County (Unincorporated Areas). Approximately 0.25 mile upstream of Katie Ford Road +51 Dry Branch Approximately 20 feet upstream of NC Highway 421 +51 Pender County (Unincorporated Areas). Approximately 1.1 miles upstream of NC Highway 421 +55 Godfrey Creek At the confluence with Harrisons Creek +16 Pender County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Harrisons Creek +32 Guffords Branch At the confluence with Rileys Creek +10 Pender County (Unincorporated Areas). Just downstream of Highway 210 +11 Harrisons Creek At State Route 210 +8 Pender County (Unincorporated Areas). Approximately 300 feet upstream of Holiday Drive +29 Holly Shelter Creek At the confluence with Northeast Cape Fear River +17 Pender County (Unincorporated Areas). At the Pender/Onslow County boundary +37 Island Creek Tributary Approximately 0.4 mile upstream of the confluence with Island Creek +9 Pender County (Unincorporated Areas). Approximately 2.8 miles upstream of the confluence with Island Creek +27 Jones Creek At the confluence with Colvins Creek +34 Pender County (Unincorporated Areas). Approximately 1.0 mile upstream of Beattys Bridge Road +36 Kellys Creek At the confluence with Rileys Creek +25 Pender County (Unincorporated Areas). Approximately 200 feet upstream of Little Kelly Road +29 Lillington Creek At the confluence with Northeast Cape Fear River +13 Pender County (Unincorporated Areas). Approximately 2.7 miles upstream of Shaw Highway +29 Long Creek Approximately 3.5 miles upstream of the confluence with Northeast Cape Fear River +7 Pender County (Unincorporated Areas). At NC Highway 53 +31 Lillington Creek Tributary At the confluence with Lillington Creek +13 Pender County (Unincorporated Areas). Approximately 0.9 mile upstream of Vogler Drive +17 Long Creek Tributary At the confluence with Long Creek +26 Pender County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with Long Creek +30 Lewis Creek Approximately 1,500 feet upstream of the confluence with Northeast Cape Fear River +23 Pender County (Unincorporated Areas). Approximately 600 feet downstream of U.S. Highway 117 +24 Merricks Creek At State Route 210 +8 Pender County (Unincorporated Areas). At the confluence with Catskin Creek +9 Mill Branch (of Moores Creek) Approximately 0.7 mile downstream of NC Highway 53 +43 Pender County (Unincorporated Areas), Town of Atkinson. At Church Street (NC Highway 53) +64 Mill Creek At the confluence with Rileys Creek +27 Pender County (Unincorporated Areas). Approximately 200 feet upstream of Highsmith Road +30 Mill Pond At the confluence with Holly Shelter Creek +17 Pender County (Unincorporated Areas). Approximately 1.5 miles upstream of Highway 53 +17 Moores Creek At the confluence with Holly Shelter Creek +27 Pender County (Unincorporated Areas). At the Pender/Onslow County boundary +43 Moores Creek (near Atkinson) Approximately 1.2 miles upstream of Highway 210 +16 Pender County (Unincorporated Areas). Approximately 0.3 mile downstream of John Henry Store Road +20 Tributary 1 At the confluence with Moores Creek +33 Pender County (Unincorporated Areas). At the confluence with Moores Creek +51 At the Pender/Onslow County boundary +39 Pender County (Unincorporated Areas). Tributary 2 At the confluence with Moores Creek +46 At the confluence with Moores Creek +37 Pender County (Unincorporated Areas). Tributary 6 At the confluence with Moores Creek Tribuatory 6. +42 Pender County (Unincorporated Areas). Tributary 7 At the confluence with Moores Creek Tributary 6 +42 Pender County (Unincorporated Areas). Approximately 1.0 mile upstream of Cypress Creek Road +74 Northeast Cape Fear River At the upstream side of State Route 210 +8 Pender County (Unincorporated Areas). At the Pender/Duplin County boundary +26 Pike Creek At the confluence with Northeast Cape Fear River +10 Pender County (Unincorporated Areas). Approximately 2.1 miles upstream of Interstate 40 +34 Players Creek At the confluence with Merricks Creek +9 Pender County (Unincorporated Areas). Approximately 2.5 miles upstream of the confluence with Merricks Creek +25 Rileys Creek At the confluence with Long Creek +9 Pender County (Unincorporated Areas). At the confluence with Mill Creek and Rizzo Creek +27 Rizzo Creek At the confluence with Rileys Creek +27 Pender County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Rileys Creek +29 Rockfish Creek At the confluence with Northeast Cape Fear River +26 Pender County (Unincorporated Areas). At the confluence with Doctors Creek +39 Sandy Run Swamp At the confluence with Holly Shelter Creek +21 Pender County (Unincorporated Areas). At the Pender/Onslow County boundary +29 Sawyer Creek At the confluence with Sills Creek +29 Pender County (Unincorporated Areas). Approximately 125 feet downstream of Highway 11 +42 Shaken Creek At the confluence with Holly Shelter Creek +18 Pender County (Unincorporated Areas). Approximately 0.3 mile downstream of the Pender/Onslow County boundary +34 Shelter Swamp Creek At the confluence with Sandy Run Swamp +25 Pender County (Unincorporated Areas). Approximately 1,900 feet upstream of the Onslow Pender County boundary +34 Sills Creek At the confluence with Sawyer Creek +29 Pender County (Unincorporated Areas). Approximately 600 feet downstream of Old Mill Road +33 Trumpeter Swamp At the confluence with Catskin Creek +16 Pender County (Unincorporated Areas). Approximately 1.2 miles upstream of J. A. Drive +42 Turkey Creek At the upstream side of State Route 133 +8 Pender County (Unincorporated Areas). Approximately 2.3 miles upstream of State Route 133 +22 Tributary At the confluence with Turkey Creek +11 Pender County (Unincorporated Areas). Approximately 850 feet upstream of Arvida Spur Road +28 Washington Creek At the confluence with Northeast Cape Fear River +25 Pender County (Unincorporated Areas). Approximately 0.7 mile upstream of Interstate 40 +27 Tributary At the confluence with Washington Creek +27 Pender County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Washington Creek +44 White Oak Branch At the confluence with Tuckahoe Branch +43 Pender County (Unincorporated Areas). Approximately 0.6 mile downstream of Shiloh Road +53 ADDRESSES City of Burgaw Maps available for inspection at the Burgaw City Hall, 109 North Walker Street, Burgaw, North Carolina. Pender County (Unincorporated Areas) Maps available for inspection at the Pender County Planning Department, 805 South Walker Street, Burgaw, North Carolina. Village of Saint Helena Maps available for inspection at the Saint Helena Village Hall, 330 Main Street, Burgaw, North Carolina. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: October 4, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-17274 Filed 10-16-06; 8:45 am] BILLING CODE 9110-12-P 71 200 Tuesday, October 17, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD] RIN 2120-AA64 Airworthiness Directives; Raytheon Aircraft Company Models 58 and G58 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for certain Raytheon Aircraft Company

(RAC)Models 58 and G58 airplanes with optional propeller unfeathering accumulators installed. This proposed AD would require you to inspect the left propeller accumulator oil tube assembly for any chafing; replace the propeller accumulator oil tube assembly if any chafing is found; and reposition and secure with clamps both the left engine manifold pressure hose and its metal identification tags to avoid contact with other tubes, hoses, electrical wires, parts, components, and structure. This proposed AD results from several reports on the affected airplanes of chafing damage on the left propeller accumulator oil tube assembly. This includes an in-flight oil leak from the left engine on an RAC Model G58 airplane. We are proposing this AD to detect, correct, and prevent any chafing damage of the left propeller accumulator oil tube assembly, which could result in loss of engine oil. Loss of engine oil may lead to fire or smoke in the engine compartment, inability to unfeather the propeller, engine damage, or loss of engine power. DATES: We must receive comments on this proposed AD by December 18, 2006. ADDRESSES: Use one of the following addresses to comment on this proposed AD: • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:

(316)946-4153; facsimile:

(316)946-4407. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments regarding this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number, “FAA-2006-25739; Directorate Identifier 2006-CE-46-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive concerning this proposed AD. Discussion We received several reports of chafing damage to the propeller accumulator oil tube assembly on RAC Models 58 and G58 airplanes. The damage occurs when the left engine manifold pressure hose and its metal identification tags rubs against the tube assembly. Included in these reports was an in-flight oil leak on an RAC Model G58 airplane. The RAC issued Safety Communique No. 271, dated May 2006, that recommended an inspection for possible chafing between the left engine manifold pressure hose and its metal identification tags and the left propeller accumulator oil tube assembly. This condition, if not corrected, could result in loss of engine oil. Loss of engine oil may lead to fire or smoke in the engine compartment, inability to unfeather the propeller, engine damage, or loss of engine power. Relevant Service Information We have reviewed RAC Mandatory Service Bulletin No. SB 61-3806, issued: August 2006. The service information describes procedures for: • Inspecting the left engine manifold pressure hose and its metal identification tags for proper clearance to avoid any chafing with the propeller accumulator oil tube assembly; • Inspecting the left propeller accumulator oil tube assembly for chafing damage and replacing if any chafing damage is found; and • Relocating and securing with clamps the manifold pressure hose and its metal identification tags to ensure clearance between it and all tubes, hoses, electrical wires, parts, components, and structure. FAA's Determination and Requirements of the Proposed AD We are proposing this AD because we evaluated all information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. This proposed AD would require you to inspect the left propeller accumulator oil tube assembly for any chafing; replace the propeller accumulator oil tube assembly if any chafing is found; and reposition and secure with clamps the left manifold pressure hose and its metal identification tags to ensure clearance between it and all tubes, hoses, electrical wires, parts, components, and structure. Costs of Compliance We estimate that this proposed AD would affect 49 airplanes in the U.S. registry. We estimate the following costs to do the proposed inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 1 work-hour × $80 per hour = $80 N/A $119 $5,831 We estimate the following costs to do any necessary replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of airplanes that may need this replacement: Labor cost Parts cost Total cost per airplane 1 work-hour × $80 per hour = $80 $39 $119 RAC will provide warranty credit as specified in RAC Mandatory Service Bulletin No. SB 61-3806, issued: August 2006. Authority for this Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket that contains the proposed AD, the regulatory evaluation, any comments received, and other information on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Raytheon Aircraft Company:** Docket No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD. Comments Due Date

(a)We must receive comments on this airworthiness directive

(AD)action by December 18, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Models 58 and G58 airplanes, serial numbers TH-2097 through TH-2150, with optional propeller unfeathering accumulators installed, that are certificated in any category. Unsafe Condition

(d)This AD results from several reports on the affected airplanes of chafing damage on the left propeller accumulator oil tube assembly. This includes an in-flight oil leak from the left engine on an RAC Model G58 airplane.We are issuing this AD to detect, correct, and prevent any chafing damage of the left propeller accumulator oil tube assembly, which could result in loss of engine oil. Loss of engine oil may lead to fire or smoke in the engine compartment, inability to unfeather the propeller, engine damage, or loss of engine power. Compliance

(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures

(1)Inspect the left propeller accumulator oil tube assembly for chafing *For airplanes that have not had a 100-hour TIS inspection or the inspection following Raytheon Safety Communiqué No. 271, dated May 2006:* Within the next 25 hours TIS after the effective date of this AD. *For airplanes that have had a 100-hour TIS inspection or the inspection following Raytheon Safety Communiqué No. 271, dated May 2006:* Within the next 50 hours TIS after the effective date of this AD Follow Raytheon Aircraft Company Mandatory Service Bulletin No. SB 61-3806, issued: August 2006.

(2)If any chafing is found in the inspection required by paragraph (e)(1) of this AD, replace the propeller accumulator oil tube assembly Before further flight after the inspection required by paragraph (e)(1) of this AD Follow Raytheon Aircraft Company Mandatory Service Bulletin No. SB 61-3806, issued: August 2006.

(3)Reposition and secure with clamps the left manifold pressure hose and its metal identification tags to ensure clearance between it and all tubes, hoses, electrical wires, parts, components, and structure Before further flight after the inspection or replacement required in paragraphs (e)(1) and (e)(2) of this AD Follow Raytheon Aircraft Company Mandatory Service Bulletin No. SB 61-3806, issued: August 2006. Alternative Methods of Compliance (AMOCs)

(f)The Manager, Wichita Aircraft Certification Office (ACO), FAA, ATTN: Jeff Pretz, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:

(316)946-4153; facsimile:

(316)946-4407, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(g)To get copies of the service information referenced in this AD, contact Raytheon Aircraft Company, 9709 E. Central, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the Internet at *http://dms.dot.gov.* The docket number is Docket No. FAA-2006-25739; Directorate Identifier 2006-CE-46-AD. Issued in Kansas City, Missouri, on October 10, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-17188 Filed 10-16-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22806; Directorate Identifier 2005-SW-04-AD] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Model 206B Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Proposed rule; withdrawal. SUMMARY: The FAA withdraws a notice of proposed rulemaking

(NPRM)that proposed adopting a new airworthiness directive

(AD)for Bell Helicopter Textron

(Bell)Model 206B helicopters modified with Aeronautical Accessories, Inc.

(AAI)Supplemental Type Certificate

(STC)No. SH8435SW or SH8419SW with energy attenuating seat installation wire (energy attenuating wire). The proposed AD would have required replacing certain energy attenuating wire with airworthy energy attenuating wire. Since issuing the proposed AD, we have determined that no unsafe condition exists with respect to the STC installed energy attenuating wire. Accordingly, the proposed AD is withdrawn. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, Washington, DC. This docket number is FAA-2005-22806; the directorate identifier for this docket is 2005-SW-04-AD. FOR FURTHER INFORMATION CONTACT: Marc Belhumeur, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Rotorcraft Certification Office, Fort Worth, Texas 76193-0170, telephone

(817)222-5177, fax

(817)222-5783. SUPPLEMENTARY INFORMATION: Discussion We proposed to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with an NPRM for a new AD for Bell Model 206B helicopters with AAI STC No. SH8435SW or SH8419SW. That NPRM was published in the **Federal Register** on October 28, 2005 (70 FR 62085). The NPRM would have required replacing energy attenuating wire manufactured or invoiced during a specified time frame. The NPRM resulted from the disclosure that certain energy attenuating wire may not have the yield strength necessary to allow seats to attenuate energy during an emergency landing. The proposed actions were intended to prevent failure of a seat to attenuate energy during an emergency landing and resulting in injury to an occupant. Actions Since NPRM Was Issued Since issuing the NPRM, we have determined that the seat with the affected energy attenuating wire will support the occupant adequately during an emergency landing and therefore no unsafe condition exists for Bell Model 206B helicopters modified with the two STCs. FAA's Conclusions Upon further consideration, we have determined that the actions proposed in the NPRM are not needed for Bell Model 206B helicopters. Accordingly, the NPRM is withdrawn. Withdrawal of the NPRM does not preclude the FAA from issuing another related action or commit the FAA to any course of action in the future. Regulatory Impact Since this action only withdraws an NPRM, it is neither a proposed nor a final rule and therefore is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal Accordingly, we withdraw the NPRM, Docket No. FAA-2005-22806; Directorate Identifier 2005-SW-04-AD, which was published in the **Federal Register** on October 28, 2005 (70 FR 62085). Issued in Fort Worth, Texas, on September 29, 2006. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E6-17185 Filed 10-16-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25983; Directorate Identifier 2006-SW-11-AD] RIN 2120-AA64 Airworthiness Directives; MD Helicopters, Inc. Model MD900 Series Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This document proposes adopting a new airworthiness directive

(AD)for MD Helicopters, Inc.

(MDHI)Model MD900 series helicopters. The AD would require modifying the pilot and co-pilot dual-control directional pedal assemblies, or the pilot single-control directional pedal assembly (directional control pedal assembly). This proposal is prompted by an accident which has been attributed to loss of directional control due to failure of the welds in the directional control pedal assembly. The actions specified by the proposed AD are intended to prevent fatigue cracking in the welds that connect the directional control pedal to the pedal shaft, resulting in loss of directional control and subsequent loss of control of the helicopter. DATES: Comments must be received on or before December 18, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically; • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically; • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590; • Fax: 202-493-2251; or • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this proposed AD from MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-800-388-3378, fax 480-346-6813, or on the Web at *http://www.mdhelicopters.com* . You may examine the comments to this proposed AD in the AD docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification Office, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone

(562)627-5233, fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any written data, views, or arguments regarding this proposed AD. Send your comments to the address listed under the caption ADDRESSES . Include the docket number “FAA-2006-25983, Directorate Identifier 2006-SW-11-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information in person at the Docket Management System

(DMS)Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located at the plaza level of the Department of Transportation Nassif Building in Room PL-401 at 400 Seventh Street, SW., Washington, DC. Comments will be available in the AD docket shortly after the DMS receives them. Discussion This document proposes adopting a new AD for MDHI Model MD900 series helicopters, serial numbers (S/N) 900-00008 through 900-00111, 900-00113, and 900-00114. The AD would require modifying the directional control pedal assembly by removing the existing pedals, removing the welded pedal support plate from the pedal shafts, installing a new pedal mount on each pedal shaft using rivets, reinstalling the pedals on the new pedal mounts, and marking the modified directional control pedal assembly with a part number. This proposal is prompted by an accident which has been attributed to loss of directional control due to failure of the welds in the directional control pedal assembly. The actions specified by the proposed AD are intended to prevent fatigue cracking in the welds that connect the directional control pedal to the pedal shaft, resulting in loss of directional control and subsequent loss of control of the helicopter. We have reviewed MD Helicopters Service Bulletin SB900-100, dated April 5, 2006, which describes procedures for modifying the directional control pedal assembly. This unsafe condition is likely to exist or develop on other helicopters of the same type design. Therefore, the proposed AD would require modifying the directional control pedal assembly, part number (P/N) 900C1012007-107, -109, -111, -113, or 900C6012007-111 (pilot dual control); or P/N 900C1012207-105, -107, -109, -111, or -113 (co-pilot dual control); or P/N 900C1010007-107, -109, -111, -113, or 900C6010007-111 (pilot single control), by removing the existing pedals, removing the welded pedal support plate from the pedal shafts, and installing a directional control pedal modification kit, P/N SBK-010. Also, this AD would require ink stamping the P/N, 90005340111-101, on the pedal shaft of each modified directional control pedal assembly using permanent ink. The actions would be required to be accomplished by following specified portions of the service bulletin described previously. We estimate that this proposed AD would affect 30 helicopters of U.S. registry, and modifying the directional control pedal assembly would take approximately 8 work hours for helicopters with single pilot controls installed, or 16 work hours for helicopters with dual pilot and co-pilot controls installed, at an average labor rate of $80 per work hour. Required parts would cost approximately $775 for helicopters with dual pilot and co-pilot controls installed. The manufacturer has stated in its service bulletin that pedal kits may be provided at no cost, and up to 8 work hours of labor for each set of directional control pedals may be provided at authorized MDHI service centers (two sets of directional control pedals are required for helicopters with dual pilot and co-pilot controls installed). Based on these figures, the total cost impact of the proposed AD on U.S. operators would be $61,650 per helicopter, assuming that dual pilot and co-pilot controls are installed. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. Additionally, this proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a draft economic evaluation of the estimated costs to comply with this proposed AD. See the DMS to examine the draft economic evaluation. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **MD Helicopters, Inc.** : Docket No. FAA-2006-25983; Directorate Identifier 2006-SW-11-AD. *Applicability:* Model MD900 series helicopters, serial numbers (S/N) 900-00008 through 900-00111, 900-00113, and 900-00114, certificated in any category. *Compliance:* Required within 90 days after the effective date of this AD, unless accomplished previously. To prevent fatigue cracking in the welds which connect the pilot and co-pilot dual-control, or pilot single-control directional control pedal (directional control pedal) to the pedal shaft, resulting in loss of directional control and subsequent loss of control of the helicopter, accomplish the following:

(a)Modify each directional control pedal assembly, part number (P/N) 900C1012007-107, -109, -111, -113, or 900C6012007-111 (pilot dual control); or P/N 900C1012207-105, -107, -109, -111, or -113 (co-pilot dual control); or P/N 900C1010007-107, -109, -111, -113, or 900C6010007-111 (pilot single control), by removing the existing pedals, removing the welded pedal support plate from the pedal shafts, and installing a directional control pedal modification kit, P/N SBK-010, in accordance with part 2, Accomplishment Instructions, in MD Helicopters Service Bulletin SB900-100, dated April 5, 2006. One modification kit is required to be installed on helicopters with single controls and two modification kits are required to be installed on helicopters with dual controls.

(b)Using a permanent ink, ink stamp the P/N, 90005340111-101, on the pedal shaft of each modified directional control pedal assembly.

(c)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Los Angeles Aircraft Certification Office, FAA, Attn: Roger Durbin, Airframe Branch, 3960 Paramount Blvd., Lakewood, California 90712, telephone

(562)627-5233, fax

(562)627-5210, for information about previously approved alternative methods of compliance. Issued in Fort Worth, Texas, on September 28, 2006. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E6-17186 Filed 10-16-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF STATE 22 CFR Parts 22 and 51 RIN 1400-AC22 [Public Notice 5558] Card Format Passport; Changes to Passport Fee Schedule AGENCY: State Department. ACTION: Proposed Rule. SUMMARY: Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638 (Dec. 17, 2004), provides that U.S. citizens and nonimmigrant aliens may enter the U.S. only with passports or such alternative documents as the Secretary of Homeland Security may designate as satisfactorily establishing identity and citizenship. The statute requires that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a plan to require virtually all travelers entering the U.S. to present a passport, other document, or combination of documents, that are “deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship. Section 7209 expressly limits the waiver of documentation requirements for U.S. citizens under section 215

(b)of the Immigration and Nationality Act

(INA)1 and eliminates the waiver of documentation requirements for categories of individuals for whom documentation requirements have previously been waived (citizens of Canada, Mexico, and Bermuda) under section 212 (d)(4)

(B)of the INA. 2 U.S. citizens and nonimmigrant aliens from Canada, Mexico, and Bermuda will be required to comply with the new document requirements of section 7209. 3 The legislation also requires that the Department of Homeland Security

(DHS)and Department of State seek to facilitate the frequent travel of those living in border communities. This proposed rule addresses the travel facilitation requirement of this legislation. The administration's proposal to address the remainder of the legislative requirements as set forth in section 7209, called the Western Hemisphere Travel Initiative (WHTI), is being addressed in separate rulemakings. 1 8 U.S.C. 1185 (b). 2 8 U.S.C.1182 (d)(4)(B). 3 Section 7209 does not apply to Lawful Permanent Residents, who will continue to be able to enter the U.S. upon presentation of a valid Form I-551, Alien Registration Card, or other valid evidence of permanent resident status. Section 211

(b)of the INA, 8 U.S.C. 1181(b). It also does not apply to alien members of U.S. Armed Forces traveling under official orders. Section 284 of INA, 8 U.S.C. 1354. Additionally, section 7209 does not change current requirements for nonimmigrant aliens from anywhere other than Canada, Mexico, or Bermuda. *See* section 212 (d)(4)(B) of the INA, 8 U.S.C. 1182 (d)(4)(B) and 8 CFR 212.1. The passport card is intended as a lower cost means of establishing identity and nationality for American citizens in two limited situations—for citizens crossing U.S. land borders and traveling by sea between the U.S., Canada, Mexico, the Caribbean or Bermuda. The passport card is not designed to be a globally interoperable travel document as defined by the International Civil Aviation Organization (ICAO). Designing a card format passport for wide use, including by air travelers, would inadvertently undercut the broad based international effort to strengthen civil aviation security and travel document specifications to address the post 9/11 threat environment. Moreover, in its recent consideration of the FY 2007 Appropriations Act for the Department of Homeland Security, the Congress, while allowing for the use of the passport card by citizens traveling by sea between the U.S., Canada, Mexico, the Caribbean or Bermuda, did not make parallel changes regarding international air travel. DATES: The Department of State will accept comments from the public up to December 18, 2006. ADDRESSES: You may submit comments, identified by any of the following methods: • *Mail (paper, disk, or CD-ROM submissions):* Comments by mail are to be addressed to the Office of Passport Policy, Planning and Advisory Services, Bureau of Consular Affairs, U.S. Department of State, 2100 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. • *Internet:* Comments by Internet are to be sent to *http://www.regulations.gov/index.cfm* . This notice can also be viewed from this Internet address. • *Instructions:* All submissions must include the agency name and docket number. All comments will be posted without change to *http://www.regulations.gov,* including any personal information sent with each comment. FOR FURTHER INFORMATION CONTACT: Consuelo Pachon, Office of Passport Policy, Planning and Advisory Services, Bureau of Consular Affairs, 2100 Pennsylvania Avenue, NW., Suite 3000, Washington, DC, telephone number 202-663-2431. SUPPLEMENTARY INFORMATION: The U.S. passport is the premier document for international travel by U.S. citizens and nationals because of its security features, professional adjudication, name checking conventions, and interoperability with global machine-readable passports and Electronic Passport (ePassport) standards. Pursuant to 22 U.S.C. 211(a), the Secretary of State is charged with granting and issuing U.S. passports. Consular officers of the Department of State utilize information in the passport books when evaluating applications for replacement passports and determining eligibility for overseas citizens services. DHS and Customs and Border Protection

(CBP)also utilize this information in determining citizenship and identity at ports of entry. Many U.S. citizens are expected to apply for U.S. passports to fulfill the document requirement of the WHTI program under Section 7209 of IRTPA. Passport Services is committed to meeting the increased demand. Passport Services has seen an increase in passport demand from a base level of seven million passports in 2003 to an expected total of 12-12.5 million in fiscal year 2006. Demand for passports is forecast to continue to increase to 16 million or more in FY-2007 and thereafter. However, the Department of State recognizes that there are circumstances where, due to reasons of both cost and ease of use, the traditional book-style U.S. passport may not be the optimal solution for international travelers along the northern and southern land borders of the U.S., or international sea travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda. Therefore, the Department of State, in consultation with the DHS, is proposing an alternative format passport specifically designed for international land and sea travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda. The Card Format Passport The term “passport” means any travel document issued by the competent authority of a sovereign nation showing the bearer's identity and nationality that is deemed valid for the entry of the bearer into a foreign country. 22 U.S.C. 211(a) provides that the Secretary of State has the authority to issue passports for the U.S. Executive Order No. 11295 of August 5, 1966, 31 FR 10603, provides that the Secretary of State is designated and empowered to exercise the authority of the President to designate and prescribe rules governing the granting, issuing, and verifying of passports. 22 U.S.C. 2705 provides that a valid passport, if valid for the maximum period permitted by law, has the same force and effect as proof of citizenship as a certificate of naturalization or certificate of citizenship. Under this proposed rule, passport cards, like passport books, would be issued for a ten-year validity period for U.S. citizens sixteen years old and older, and for a five-year validity period for U.S. citizens less than 16 years of age. The Department of State proposes to utilize the same application procedures and adjudication standards for the passport book and card and to permit U.S. citizens to hold both a passport book and card simultaneously. In addition, if a passport applicant holds a valid passport book, the applicant may apply for a passport card as a “renewal” and pay the lower renewal fee rate. Because 22 U.S.C. 211(a) does not prescribe limitations on the format of a passport, the Secretary of State proposes to issue a card format for the passport, herein after referred to as the “passport card,” for international land and sea travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda. The passport card will show the bearer's origin, identity, and nationality and will be subject to existing passport statutes. As with the passport book, the passport card will be issued only to those owing allegiance to the U.S. 4 and will require a written application and oath for first time applicants. 5 There is precedence for limited use passports. For example, The Department of State issues passports only for one time use to allow the traveler to return to the U.S. 4 22 U.S.C. 212. 5 22 U.S.C. 213. The passport card is designed specifically to address the needs and travel patterns of those who live in land border communities and frequently cross the border in their day-to-day activities. The technical architecture of the passport card is designed to address the operational needs of pedestrian and vehicular traffic in the land border environment, and international sea travel as discussed herein, but not the operational needs of inspection at airports. Moreover, the passport card is intended not only to enhance security efforts for international land and sea travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda, but is also intended to assist DHS in expediting the movement of legitimate travel within the Western Hemisphere. In particular, the land border presents complex operational challenges, in that a tremendous amount of traffic must be processed in a short amount of time. There are often several passengers in a vehicle, and multiple vehicles arriving at one time at each land border port-of-entry. Many of the people encountered crossing at the land border ports of entry are frequent crossers. However, CBP does not receive advance information on these land border travelers. For these reasons, the Department of State, in consultation with DHS, agreed to develop a technology-based solution. The passport card is designed and authorized for international land and sea travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda and will not be a globally interoperable document. Therefore, the ICAO standards and recommendations for globally interoperable passports would not apply to passport cards. The passport card will be a highly secure document with many features consistent with ICAO 9303 Part 3 definitions of TD-1 specifications. It will use a full facial image printed on the card as the biometric identifier in conformity with ICAO standards for ePassport images and utilize the international standard for Machine Readable Zone

(MRZ)encryption. The data printed on the face of the passport card will be the same as that currently shown on the data page of the U.S. passport—bearer's facial image, full name, date and place of birth, passport card number, dates of validity and issuing authority. The reverse side of the passport card will carry a machine-readable zone and notation that the card is valid only for international land and sea travel between the U.S., Canada, Mexico, the Caribbean, and Bermuda. In addition, each passport card will utilize Radio Frequency

(RF)technology to store and transmit only a unique reference number that will serve as a link to information safeguarded in a secure database managed by CBP. This reference number will be assigned by Department of State at the time the passport card is issued and no personal or biographic information will be stored or transmitted using Radio Frequency

(RF)technology. Presenting the passport card will allow the linked information to be retrieved from the secure DHS database to allow the CBP officer to compare the citizen presenting him or herself for entry into the U.S. with the original issuance record to ensure that it is the same person. This database could include additional information, for example, information about the bearer's membership in one of CBP's international trusted traveler programs, NEXUS, SENTRI, or FAST. Technology Considered for the Passport Card The Department of State, in consultation with the DHS, has sought both to ensure the privacy of U.S. citizens' personal information and to facilitate the travel of U.S. citizens in connection with the operational requirements for security and facilitation of travel at especially at land border ports of entry. After reviewing a number of options to provide the CBP officer with appropriate personal information to facilitate the processing of travelers, we believe that the most promising technology is Radio Frequency

(RF)technology. This technology utilizes a passive chip deriving its power from the reader that communicates with it. We focused on RF vicinity read (GEN 2) technology and RF proximity read technology. RF Vicinity Read (GEN-2) Technology RF vicinity read technology conforms to International Standards Organization

(ISO)18000 6-C specifications. Vicinity read technology would allow the passport card data to be read at a distance of up to 20 feet from the reader. The vicinity read chip would contain only a unique reference number that will serve as a link to information safeguarded in a secure database managed by CBP. In addition to having commercial applications, vicinity-read technology is currently being used in a number of DHS programs. Operationally, it has similarities to CBP land border international trusted traveler programs of NEXUS, SENTRI, and FAST, and DHS's pilot electronic I-94 program currently in place at several land border crossings in that it will only store and transmit a unique reference number and no personal or biographic information. Vicinity read technology is similar to that used in highway toll systems throughout the U.S. From an operational sense, this technology would allow passengers approaching a land crossing in vehicles to present the passport card to the reader easily from within the vehicle and these readers could process information from up to eight cards at one time. In addition, the use of vicinity technology would provide information to border security personnel further in advance of a traveler's arrival at an inspection booth, facilitate a faster processing of individuals, and provide more opportunities to leverage existing technologies, including programs such as CBP's Trusted Traveler programs NEXUS, FAST, and SENTRI and use of the electronic I-94. RF Proximity Read Technology RF proximity read technology conforms to International Standards Organization

(ISO)14443 specifications. In addition to having commercial applications, RF proximity read technology is currently being used in the production of the U.S. ePassport, as well as ePassports of those nations participating in the Visa Waiver Program. The ISO 14443 specification requires the proximity chip to be read within approximately four inches of the reader. Similar to the vicinity RF read technology described above, the RF proximity read chip would contain only a unique reference number to be used as a pointer to a secure database managed by CBP. From an operational sense, this technology would require passengers approaching a land crossing in vehicles to present the passport card in close proximity to the reader outside the vehicle and these readers could process information from a small number of cards at a time. The Passport Card Technology Selection DHS selected RF vicinity read technology for its border management system. To ensure compatibility and interoperability with the DHS border management system, and to secure significant travel facilitation advantages, the Department of State proposes to produce the passport card utilizing RF vicinity read technology. The selection of vicinity read technology for the passport card was made in an effort to ensure a seamless operational environment with DHS, and provides the infrastructure support to strengthen our national security at U.S. land borders. The Department of State proposes to produce the card and deliver them with a thin protective sleeve, which is designed to protect the card from unauthorized access. The card could be stored in the sleeve and removed only when needed. The Department of State solicits comments on the selection of RF vicinity read technology for the passport card. Obtaining the Passport Card Both the passport card and the traditional passport book will be issued on the basis of the same documentary requirements: Application forms (DS-11 and DS-82), and adjudication standards for establishing citizenship and identity. Building on existing infrastructure, the Department of State will acquire the capability to produce the passport card, while concurrently increasing capacity to produce traditional passport books. The U.S. Postal Service (USPS), and other designated local government entities, partner with the Department of State in serving as acceptance agencies for passport applications. Currently there are over 7,500 designated post offices and other passport acceptance facilities nation-wide. Since the passport book and card will be processed using the same infrastructure and same procedures prior to production of the travel document itself, applicants will be able to submit applications for passport cards through the network of passport acceptance agents. The anticipated turn-around time for processing would be the same for both the passport book and card. Citizens outside the U.S. will be able to apply for the passport card at U.S. embassies or consulates abroad; however, all passport cards will be produced in the U.S. U.S. citizens will be able to hold both a passport card and a traditional passport book concurrently. In addition, applications for a passport book and card can be processed at the same time, using the same form, photograph and supporting documentation. Further, where the application is made for both the passport book and card, only one execution fee will be assessed. Adult applicants with valid passports may apply for passport cards as renewals, using form DS-82 (Passport Applications by Mail), which do not require personal appearance or execution of the passport application form. Details regarding application procedures will be made available at the time the revised passport applications are available. Like other full validity passports, one can apply for the passport card at embassies and consulates abroad. Passport cards applied for abroad will be delivered in the same manner as passport books are delivered abroad. Passport cards will not be issued abroad. The fee for the passport book and passport card is determined based on a cost of service analysis, consistent with *OMB Circular A-25, User Charges* , to recover the costs of the services when a specific beneficiary can be identified. In March 2006, Consular Affairs contracted with an independent third party to review the last cost of service study for passports (CY 2004), in light of WHTI, and the increase in workload to enable the Department of State to determine several fees including: • The cost for the new card-format passport, and • Whether the cost of the passport book could be reduced. Application Fee for the Passport Card Based on the recommendation of the independent third party, an application fee of $20.00 is proposed for passport cards issued to adults (age 16 and up), valid for ten years. A fee of $10.00 is proposed for passport cards issued to minors (under age 16), valid for five years. The basis of the passport card application fees is the direct costs of producing passport cards, the card stock, technology, adjudicating the application, printing the biographic information on the card, and priority mail return of the card. Applicants will also be required to pay the execution and expedite fees, if applicable. The execution fee for persons seeking to apply for a passport card and passport book will be $25. Execution Fee Certain applicants are required to execute the application DS-11 in the presence of a passport acceptance agent, passport specialist, or consular officer overseas. Therefore, the Department of State separately reviewed the cost factors for the execution of passport applications. By far, the largest number of first time passport applications are made by those who appear in person at local USPS or government offices, most often county clerks or clerks of the court. The fee is retained by these designated passport acceptance facilities to cover their costs of providing this service. First time adult passport applicants and all minors under age 16 are required to apply in person. Adults applying for replacement passports that have been lost, stolen or mutilated are also required to appear in person, as are those holding expired passports issued more than 15 years previously, or when the bearer was a minor. The execution fee was set at $30.00 for each application during the last cost of service study. Based on an internal review of our cost of service, and information from the USPS, the Department of State is proposing to reduce the execution fee to $25.00. All fees will be subject to periodic review in the course of the Bureau of Consular Affairs comprehensive cost of service studies to account for operational changes, technological advances and economies of scale. Application for Both Passport Book and Card As noted above, a U.S. citizen will be able to apply for both a passport book and passport card in the same application. The execution fee will be assessed only once, although a separate application fee will be assessed for each type of passport. Regulatory Findings Administrative Procedure Act In accordance with provisions of the Administrative Procedure Act governing rules promulgated by federal agencies that affect the public (5 U.S.C. 552), the Department of State is publishing this proposed rule and inviting public comment. Regulatory Flexibility Act The Department of State, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Act of 1995 This rule does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based companies to compete with foreign-based companies in domestic and import markets. Executive Order 12866 The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866. The Department does not consider the proposed rule to be an economically significant regulatory action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. However, the proposed rule does have important policy implications. Accordingly, it has been provided to the Office of Management and Budget

(OMB)for review. Executive Order 13132 This regulation 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. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects 22 CFR Part 22 Passports and visas. 22 CFR Part 51 Administrative practice and procedure, Drug traffic control, Passports and visas, reporting and recordkeeping requirements. Accordingly, for the reasons set forth in the preamble, 22 CFR Parts 22 and 51 are proposed to be amended as follows: PART 22—[AMENDED] 1. The authority citation for part 22 continues to read as follows: Authority: 8 U.S.C. 1153 note, 1351; 10 U.S.C. 2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Public Law 105-277, 112 Stat. 2681 *et seq.* ; Public Law 108-447; E.O. 10718, 22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570. 2. Revise § 22.1 to read as follows: § 22.1 Schedule of fees. The following table sets forth the changes to the U.S. Department of State's Schedule of Fees for Consular Services: Schedule of Fees for Consular Services Item No. Fee Passport and Citizenship Services 1. Passport Execution: Required for first-time applicants and others who must apply in person [01—Passport Execution] $25 * * * * * * * 9. Passport Card Application Services for:

(a)Applicants age 16 or over (including renewals) [Adult Passport Card] $20

(b)Applicants under age 16 [Minor Passport Card] $10 (Item no. 10 vacant.) * * * * * * * PART 51—PASSPORTS 3. The authority citation for part 51 continues to read as follows: Authority: 22 U.S.C. 211a, 213, 2651a, 2671(d)(3), 2714 and 3926; 31 U.S.C. 9701; E.O. 11295, 3 CFR, 1966-1970 Comp., p. 570; sec. 236, Public Law 106-113, 113 stat. 1501A-430; 18 U.S.C. 1621 (a)(2). 4. Amend § 51.3 by adding a new paragraph

(d)as follows: § 51.3 Types of passports.

(d)Passport card. A passport card is valid for departure from and entry to the U.S. through land and sea ports of entry between the U.S. and Mexico, Canada, or the Caribbean and Bermuda. It is not a globally interoperable international travel document. 5. The heading of § 51.4

(b)is revised to read as follows: § 51.4 Validity of passports.

(b)Period of validity of a regular passport and a card format passport. * * * 6. The introductory paragraph of § 51. 61 and the first sentence of § 51.61(a) are revised to read as follows: § 51.61 Passport fees. Fees, including execution fees, shall be collected for the following passport services in the amounts prescribed in the Schedule of Fees for Consular Services (22 CFR 22.1)

(a)A fee for each passport application filed, for both book and card format passports, which fee shall vary depending on the age of the applicant. * * * Dated: October 6, 2006. Wanda Nesbitt, Principal Deputy Assistant Secretary for Consular Affairs, Department of State. [FR Doc. E6-17237 Filed 10-16-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1915 [Docket No. S-051A] RIN 1218-AC16 Updating National Consensus Standards in OSHA's Standard for Fire Protection in Shipyard Employment. AGENCY: Occupational Safety and Health Administration, Department of Labor. ACTION: Proposed rule. SUMMARY: On September 15, 2004, the Occupational Safety and Health Administration

(OSHA)issued a new fire protection final rule for shipyards that incorporated by reference 19 National Fire Protection Association

(NFPA)standards. Ten of those NFPA standards had been updated by NFPA since the fire protection rule was proposed and an additional NFPA standard has been updated since the final rule was published. In today's **Federal Register** , OSHA is publishing a direct final rule

(DFR)replacing the references to the 11 older NFPA standards in OSHA's fire protection standard for shipyards with their most recent versions. If OSHA does not receive significant adverse comment on the DFR, the updated versions of the NFPA standards will replace their older versions in OSHA's fire protection standard for shipyards on the effective date stated in the DFR. If significant adverse comment on the updated versions is received, OSHA will withdraw the DFR and proceed with rulemaking on this proposed rule. However, if significant adverse comments are received regarding certain provisions included in the DFR, but not others, OSHA may finalize those changes that did not receive significant adverse comment, and conduct further rulemaking under the proposed rule for the changes that did receive significant adverse comment. A subsequent **Federal Register** document will be published to announce OSHA's action. DATES: Comments and requests for a hearing on this proposed rule must be submitted by the following dates: Hard copy: Your comments must be submitted (postmarked or sent) by November 16, 2006. Electronic transmission and facsimile: Your comments must be sent by November 16, 2006. ADDRESSES: You may submit written comments to this proposed rule—identified by docket number S-051A or RIN number 1218-AC16—by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • OSHA Web site: *http://ecomments.osha.gov* . Follow the instructions for submitting comments on OSHA's Web page. • Fax: If your written comments are 10 pages or fewer, you may fax them to the OSHA Docket Office at

(202)693-1648. • Regular mail, express delivery, hand delivery, and courier service: Submit three copies to the OSHA Docket Office, Docket No. S-051A, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-2625, Washington, DC 20210; telephone

(202)693-2350. (OSHA's TTY number is

(877)889-5627). OSHA Docket Office hours of operation are 8:15 a.m. to 4:45 p.m., EST. FOR FURTHER INFORMATION: For general information and press inquiries, contact Kevin Ropp, Director, OSHA Office of Communications, Room N-3647, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:

(202)693-1999. For technical inquiries, contact Jim Maddux, Director, Office of Maritime, Directorate of Standards and Guidance, Room N-3609, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:

(202)693-2086 or fax

(202)693-1663. Copies of this **Federal Register** notice are available from the OSHA Office of Publications, Room N-3101, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone:

(202)693-1888. Electronic copies of this **Federal Register** notice, as well as news releases and other relevant documents, are available at OSHA's Web page at *http://www.osha.gov* . For access to the docket to read background documents or comments received, go to: *http://dockets.osha.gov* . Contact the OSHA Docket Office for information about materials not available through the OSHA Web page and for assistance in using the Web page to locate docket submissions. SUPPLEMENTARY INFORMATION: I. Background This proposal applies to shipyard employment. It updates NFPA standards incorporated by reference in the shipyard fire protection standard issued by OSHA on September 15, 2004 by replacing the older versions of NFPA consensus standards with the most current versions (69 FR 55668). A complete discussion of the NFPA standards, a comparison of the older standards and the newer standards, along with the economic analysis, and paperwork and state plan discussions are published in the preamble to the DFR, which is also published in the final rule section of today's **Federal Register** . II. Public Participation OSHA requests comments on all issues related to this action. OSHA also welcomes comments on the Agency's findings that there are not negative economic or other regulatory impacts of this action on the regulated community. If OSHA receives no significant adverse comment, OSHA will publish a **Federal Register** document confirming the effective date contained in the companion DFR published in today's **Federal Register** and withdrawing this proposed rule. Such confirmation may include minor stylistic or technical changes to the document. A full discussion of the nature of a significant adverse comment is contained in the companion DFR. If OSHA receives significant adverse comment on the changes contained in the companion DFR, OSHA will withdraw the DFR and proceed with this proposed rule by addressing comments and publishing a new final rule. If a significant adverse comment is received regarding certain revisions included in the DFR, but not others, OSHA may

(1)Finalize those changes that did not receive significant adverse comment, and

(2)conduct further rulemaking under this proposed rule for the changes that did receive significant adverse comment. Comments received will be posted without change to *http://dockets.osha.gov* , including any personal information provided. OSHA cautions you about submitting personal information such as social security numbers and birth dates. III. List of Subjects for 29 CFR Part 1915 Fire protection, Hazardous substances, Incorporation by reference, Longshore and harbor workers, Occupational safety and health, Reporting and recordkeeping requirements, Shipyards, and Vessels. IV. Authority and Signature This document was prepared under the direction of Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. It is issued pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order 5-2002, and 29 CFR part 1911. Signed at Washington, DC this 5th day of October, 2006. Edwin G. Foulke, Jr., Assistant Secretary of Labor. Proposed Amendments to Standards OSHA is proposing to amend Part 1915 of Title 29 of the Code of Federal Regulations as set forth below: PART 1915—OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT 1. The authority citation for part 1915 continues to read as follows: Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2002 (67 FR 65008) as applicable; 29 CFR Part 1911. 2. Amend § 1915.5 to revise paragraphs (d)(4)(i),

(vi)through (x), and

(xiii)through (xviii) and by removing paragraph (d)(4)(xix) to read as follows: § 1915.5 Incorporation by reference.

(d)* * *

(4)* * *

(i)NFPA 1981-2002 Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, IBR approved for § 1915.505(e)(3)(v).