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Code · REGISTER · 2006-11-01 · Nuclear Regulatory Commission · Proposed Rules

Proposed Rules. Petition for rulemaking; Notice of receipt

32,855 words·~149 min read·/register/2006/11/01/06-9008

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-22-S 71 211 Wednesday, November 1, 2006 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 35 [Docket No. PRM-35-20] E. Russell Ritenour, Ph.D.; Receipt of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission. ACTION: Petition for rulemaking; Notice of receipt. SUMMARY: The Nuclear Regulatory Commission
(NRC)has received and requests public comment on a petition for rulemaking dated September 10, 2006, filed by E. Russell Ritenour, Ph.D. (petitioner) on behalf of the American Association of Physicists in Medicine (AAPM). The petition has been docketed by the NRC and has been assigned Docket No. PRM-35-20. The petitioner is requesting that the NRC amend the regulations that govern medical use of byproduct material to revise what it calls the “grandfather” provision to recognize individual diplomates of certifying boards that were previously named in these regulations before October 25, 2005. DATES: Submit comments by January 16, 2007. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (PRM-35-20) in the subject line of your comments. Comments on petitions submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555. *Attention:* Rulemaking and Adjudications staff. *E-mail comments to:* *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at
(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address comments about our rulemaking Web site to Carol Gallagher,
(301)415-5905; (e-mail *cag@nrc.gov* ). Comments can also be submitted via the Federal eRulemaking Portal *http:www.regulations.gov.* Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays. Publicly available documents related to this petition may be viewed electronically on the public computers located at the NRC Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999 are also available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, the public can gain entry into the NRC's Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* A copy of the petition can be found in ADAMS under accession number ML062620129. A paper copy of the petition may be obtained by writing to Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301-415-7163 or Toll-Free: 1-800-368-5642 or e-mail: *MTL@nrc.gov.* SUPPLEMENTARY INFORMATION: Background The NRC has received a petition for rulemaking dated September 10, 2006, submitted by E. Russell Ritenour, Ph.D. (petitioner) on behalf of the American Association of Physicists in Medicine. The petitioner requests that the NRC amend 10 CFR part 35, “Medical Use of Byproduct Material.” Specifically, the petitioner requests that 10 CFR 35.57, “Training for experienced Radiation Safety Officer, teletherapy or medical physicist, authorized medical physicist, authorized user, nuclear pharmacist, and authorized nuclear pharmacist” be revised to recognize medical physicists certified by either the American Board of Radiology
(ABR)or the American Board of Medical Physics
(ABMP)on or before October 24, 2005, as “grandfathered for the modalities that they practiced as of October 24, 2005.” The NRC has determined that the petition meets the threshold sufficiency requirements for a petition for rulemaking under 10 CFR 2.802. The petition has been docketed as PRM-35-20. The NRC is soliciting public comment on the petition for rulemaking. Discussion of the Petition The petitioner notes that a revision of 10 CFR part 35 was published on April 24, 2002 (67 FR 20249), that contained new T&E requirements for individuals to become authorized as an RSO, AMP, authorized user (AU), and authorized nuclear pharmacist (ANP). The petitioner states that these requirements provide the following three pathways for an individual to become authorized:
(1)An individual may be certified by a specialty board whose certification process is recognized by the NRC or an Agreement State as meeting NRC's T&E requirements (a recognized board.)
(2)Approval based on an individual's T&E (alternate pathway.)
(3)Identification of an individual's listing on an existing NRC or Agreement State license. The petitioner refers to this option as the “grandfathering” pathway. The petitioner states that the Advisory Committee on the Medical Uses of Isotopes (ACMUI) expressed the concern during briefings on February 19, 2002, to the Commission on the proposed amendments to Part 35 that if the requirements for recognition of specialty board certifications were to become effective as drafted, there could be potential shortages of individuals qualified to serve as RSOs, AMPs, ANPs, and AUs because they would no longer meet T&E requirements under the certification pathway. The petitioner also states that the ACMUI was concerned that the specialty boards might be “marginalized” and that ACMUI urged the Commission to address T&E issues associated with recognition of specialty boards. The petitioner notes that the NRC modified the regulation by reinserting Subpart J until October 24, 2005. The petitioner requests that 10 CFR 35.57 be amended to recognize medical physicists certified by either the ABR or ABMP on or before October 24, 2005, “as grandfathered for the modalties that they practiced as of October 24, 2005.” The petitioner also states that this amendment “should be independent of whether or not a medical physicist was named on an NRC or an Agreement State license as of October 24, 2005.” The petitioner states that 10 CFR 35.57 should also be amended to recognize all individuals certified by the named boards in Subpart J for RSOs who have relevant work experience even if an individual has not been formally “named” as an RSO and that these individuals “need to be grandfathered as an RSO by virtue of certification providing the appropriate preceptor statement is submitted.” The petitioner states that although the AAPM, ABR, and ABMP recognize that it was never the NRC's intent to deny recognition to any currently practicing medical physicist or to minimize the importance of a certifying board, these organizations remain concerned about the NRC staff's method used to grant recognized status to the process used by certifying boards. The petitioner is concerned that the effective date assigned by the staff once it recognizes a board's process may force individuals certified prior to that date to have to pursue the alternate pathway. The petitioner indicates that it has affirmed with the ABR and ABMP that they believed that existing diplomates' certifications (i.e., certificates issued before October 25, 2005) would continue to be recognized by the NRC or an Agreement State. The petitioner believes that medical physicists have demonstrated competence to practice through ABR or ABMP certification and remains concerned that the effective date assigned by the NRC staff after it recognizes a board's process may force individuals certified before that date to pursue the alternate pathway. The petitioner believes that the current provision places an undue burden on the medical community and could result in a shortage of AMPs and RSOs. The petitioner notes that the AMP is a recent addition to licenses granted under 10 CFR part 35 and Agreement State regulations. The petitioner describes the previous regulations before the concept of the AMP was introduced as “inconsistent.” The petitioner believes this inconsistency was the basis for the requirement to list an AMP on licenses. The petitioner also states that this requirement specifies that an individual must have a statement signed by a “preceptor AMP” attesting that the individual is capable of acting independently for the specified modality. The petitioner indicated that without medical physicists listed on licenses prior to the new regulation, there is limited opportunity for a medical physicist to serve as a preceptor. The petitioner believes that for a medical physicist to be “grandfathered” under the new regulation, the individual must have been listed on a license as of the effective date of the regulation. The petitioner has stated that its suggested amendment to § 35.57 would allow individuals to serve as AMPs or preceptor AMPs without having to be recognized via the “alternate pathway.” The petitioner also notes that licensees can specify only one individual as an RSO under the current provisions, unlike the position of AU for which there are typically multiple individuals named on a license. The petitioner believes this makes it more difficult for an AMP or other Board diplomates to have acquired the requisite grandfather status before October 24, 2005. The petitioner has stated that the NRC should recognize individuals who were certified by a board listed in former Subpart J for § 35.50
(RSO)and § 35.51
(AMP)prior to October 24, 2005. The petitioner concluded that its proposed amendment should be enacted expeditiously to permit individuals certified by the boards listed in Subpart J to continue practicing medical physics and serving as RSOs to assure the continuation of high quality patient care. Dated at Rockville, Maryland, this 26th day of October 2006. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E6-18363 Filed 10-31-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 51 [Docket No. PRM-51-10] Massachusetts Attorney General; Receipt of Petition for Rulemaking AGENCY: Nuclear Regulatory Commission. ACTION: Petition for rulemaking; notice of receipt. SUMMARY: The Nuclear Regulatory Commission
(NRC)is publishing for public comment a notice of receipt of a petition for rulemaking, dated August 25, 2006, which was filed with the Commission by Diane Curran on behalf of Massachusetts Attorney General. The petition was docketed by the NRC on September 19, 2006, and has been assigned Docket No. PRM-51-10. The petitioner requests that the NRC revoke certain regulations in their entirety, and revoke other regulations to the extent that these regulations, in the petitioner's view, state, imply, or assume that the environmental impacts of storing spent nuclear fuel in high-density pools are not significant; issue a generic determination to clarify that the environmental impacts of high-density pool storage of spent fuel, will be considered significant; and require that any NRC licensing decision concerning high-density pool storage of spent nuclear fuel be accompanied by an environmental impact statement that addresses the environmental impacts of this storage and alternatives for avoiding or mitigating any environmental impacts. The petitioner is seeking the generic treatment of spent fuel pool hazards because he believes that a pool accident at any operating nuclear power plant in the New England and Mid-Atlantic states could significantly affect the health, environmental, and economic well-being of Massachusetts. DATES: Submit comments by January 16, 2007. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. ADDRESSES: You may submit comments on this petition by any one of the following methods. Please include *PRM-51-10* in the subject line of your comments. Comments on petitions submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attn: Rulemakings and Adjudications Staff. *E-mail comments to: SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at
(301)415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov* . Address questions about our rulemaking Web site to Carol Gallagher
(301)415-5905; e-mail *cag@nrc.gov.* Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov.* *Hand deliver comments to:* 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone
(301)415-1966). *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at
(301)415-1101. Publicly available documents related to this petition may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), Room O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . A copy of the petition can be found in ADAMS under accession number ML062640409. A paper copy of the petition may be obtained by contacting Betty Golden, Office of Administration, Nuclear Regulatory Commission, Washington DC, 20555-0001, telephone 301-415-6863, toll-free 1-800-368-5642, or by e-mail *bkg2@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone: 301-415-7163 or Toll Free: 1-800-368-5642. SUPPLEMENTARY INFORMATION: Background The petitioner states that this petition for rulemaking is a companion to the contentions filed by the Massachusetts Attorney General on May 26, 2006, before the NRC's Atomic Safety and Licensing Board
(ASLB)in the license renewal proceedings for the Pilgrim and Vermont Yankee nuclear power plants, and raises the same substantive concern as those contentions, namely, that spent fuel stored in high-density fuel storage pools is much more vulnerable to fire than the NRC's NUREG-1437, “Generic Environmental Impact Statement for License Renewal of Nuclear Plants” (May 1996)
(GEIS)concludes. The petitioner states that the petition relies on and incorporates by reference the legal and technical assertions made in the Massachusetts Attorney General's contentions. The Massachusetts Attorney General's Request for a Hearing and Petition to Intervene With Respect to Entergy Nuclear Operations Inc.'s Application for Renewal of the Vermont Yankee Nuclear Plant Operating License can be found in NRC's ADAMS system at accession number ML061640032. The petitioner has filed this petition in the event that the ASLB rules that certain NRC regulations render the petitioner's contentions inadmissible. Petitioner's Request The petitioner requests that the NRC: • Revoke 10 CFR 51.53(c)(2) and 51.95(c), and Table B-1 of appendix A to 10 CFR part 51; and revoke 10 CFR 51.23(a) and (b), 51.30(b), 51.53, 51.61, and 51.80(b) to the extent that these regulations state, imply, or assume that the environmental impacts of high-density pool storage are insignificant and therefore need not be considered in any National Environmental Policy Act of 1969
(NEPA)analysis. The petitioner assets that the revocation of these regulations, which according to the petitioner, “codify” the use of the GEIS by the NRC, is necessary to ensure compliance with NEPA in the Pilgrim and Vermont Yankee license renewal cases. In this regard, the petitioner asserts that new and significant information, provided by the petitioner, shows that spent nuclear fuel stored in high-density fuel storage pools is much more vulnerable to fire than the GEIS concludes. • Issue a generic determination that the environmental impacts of high-density pool storage of spent fuel, including the environmental impacts of accidents arising from this storage, are significant. • Amend its regulations concerning severe accident mitigation alternatives (SAMAs). The petitioner requests that the body of SAMAs that must be discussed in an environmental impact statement or related supplement or in an environmental assessment, under 10 CFR 51.53(c)(3)(ii)(L) and Table B-1 appendix A to 10 CFR part 51 (Postulated Accidents: Severe Accidents) must include alternatives to avoid or mitigate the impacts of high-density pool fires. • Require that any NRC licensing decision that approves high-density pool storage of spent fuel at a nuclear power plant or any other facility must be accompanied by an environmental impact statement that addresses the environmental impacts of high-density pool storage of spent fuel at that nuclear plant or facility, and presents a reasonable array of alternatives for avoiding or mitigating those impacts. Conclusion The petitioner asserts that a generic rulemaking would be the most effective means to ensure broad protection of public health and the environment. The petitioner states that NRC's conclusion regarding the degree of vulnerability of high-density spent fuel storage pools to fire is contained in numerous NEPA and other licensing documents, and affects many licensing decisions. Consequently, the petitioner asserts that this NRC conclusion should be revoked “across the board” to ensure that future NRC licensing decisions are not based on inadequate consideration of environmental risks or measures for avoiding or reducing those risks. Moreover, the petitioner asserts he has an interest in seeking generic treatment of spent fuel pool hazards because he believes that a pool accident at any one of the operating nuclear power plants in the New England or Mid-Atlantic states could have a significant effect on the health, environmental, and economic well-being of the Commonwealth of Massachusetts. Dated at Rockville, Maryland, this 26th day of October 2006. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E6-18364 Filed 10-31-06; 8:45 am] BILLING CODE 7590-01-P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 170 RIN 3038-AC29 Membership in a Registered Futures Association AGENCY: Commodity Futures Trading Commission. ACTION: Proposed rule. SUMMARY: The Commodity Futures Trading Commission (“Commission” or “CFTC”) is proposing to amend its regulations in order to require, subject to the existing exception for certain notice registered securities brokers or dealers (“BDs”), that all persons registered with the Commission as futures commission merchants (“FCMs”) must become and remain members of at least one registered futures association (“RFA”). This action (“Proposed Amendment”) is consistent with the regulatory philosophy underlying the Commodity Futures Modernization Act of 2000 (“CFMA”). DATES: Comments must be received on or before December 1, 2006. ADDRESSES: Comments on the Proposed Amendment should be sent to Eileen Donovan, Acting Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Comments may be sent by facsimile transmission to
(202)418-5521, or by e-mail to *secretary@cftc.gov.* Reference should be made to “Proposed Regulation Regarding Membership in a Registered Futures Association.” Comments also may be submitted by connecting to the Federal eRulemaking Portal at *http://www.regulations.gov* and following the comment submission instructions. FOR FURTHER INFORMATION CONTACT: Helene D. Schroeder, Special Counsel, Compliance and Registration Section, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581, telephone number:
(202)418-5450; facsimile number:
(202)418-5528; and electronic mail: *hschroeder@cftc.gov.* SUPPLEMENTARY INFORMATION: I. Background A. Commission Regulation 170.15 Commission Regulation 170.15 1 (“Regulation”) provides in general that all persons who are required to register as FCMs must become and remain members of at least one RFA. The Regulation was adopted in 1983 pursuant to the Commission's general rulemaking authority in Section 8a(5) of the Commodity Exchange Act (“Act” or “CEA”), 2 as well as the authority in Sections 17(m),
(p)and
(q)of the Act, 3 which govern the registration of futures associations. Currently, the National Futures Association (“NFA”) is the sole RFA under Section 17(a) of the Act, and it is also a self-regulatory organization (“SRO”). 1 17 CFR 170.15. The Commission's regulations can be accessed at *http://www.access.gpo.gov/nara/cfr/waisidx_06/17cfrv1_06.html.* 2 7 U.S.C. 12a(5). The Act can be accessed at *http://www.access.gpo.gov/uscode/title7/chapter1_.html.* 3 7 U.S.C. 21(m),
(p)and (q). Section 8a(5) of the Act authorizes the Commission to promulgate such regulations as, in the judgment of the Commission, are reasonably necessary to effectuate any of the provisions or to accomplish any of the purposes of the Act. Section 17(m) of the Act permits the CFTC to require membership in an RFA if the CFTC determines that mandatory membership is “necessary or appropriate” to the purposes and objectives of the Act. Section 17(p) of the Act requires each RFA to have a comprehensive program to audit the financial and sales practices of its members and their associated persons. Section 17(q) of the Act requires each RFA to establish such programs “as soon as practicable but not later than September 30, 1985.” When it proposed Regulation 170.15, the Commission received 50 comment letters, from a wide range of futures professionals and industry representatives. In adopting the Regulation, the Commission addressed concerns raised by two commenters 4 and determined, in accordance with Section 8a(5) of the Act, that adoption of the Regulation was reasonably necessary to effectuate the purposes of the Act and, in particular, to provide a means for assuring that the purposes of Sections 17(m),
(p)and
(q)of the Act would be achieved. 5 Specifically, the Commission found that comprehensive and effective self-regulation, and the avoidance of duplicative regulation, which are the underlying goals of Sections 17(m),
(p)and
(q)of the Act, would be enhanced by adoption of a Regulation mandating membership in an RFA by each person required to be registered as an FCM. 4 Only two commenters opposed adoption of the Regulation, the Antitrust Division of the United States Department of Justice (“Antitrust Division”), and an individual engaged in the business of financial consulting, whose views were somewhat similar to those of the Antitrust Division. The Antitrust Division set forth three basic objections to the Regulation:
(1)that the proposed regulation was of questionable constitutionality;
(2)that the Commission lacked authority under the Act to adopt the proposed regulation; and
(3)that the Commission was compelled to employ other less anticompetitive regulatory alternatives pursuant to Section 15 of the Act, because, in the view of the Antitrust Division, the proposed regulation would have serious anticompetitive consequences. 5 *See* 48 FR 26304 (Jun. 7, 1983), which contains a detailed discussion of the Commission's response to the commenters' concerns. The Commission further noted that, in the absence of a mandatory membership requirement, the Commission would be required under relevant provisions of the Act to maintain costly and extensive direct regulation over those Commission registrants that would not be subject to any self-regulatory jurisdiction. 6 In particular, the Commission would have had to continue to conduct financial, compliance and sales practice examinations of those FCMs, commodity pool operators (“CPOs”), commodity trading advisors (“CTAs”) and introducing brokers (“IBs”) that did not join NFA. 7 Further, the Commission found that the need to maintain these extensive programs for the comparatively small number of persons likely to remain subject solely to the Commission's direct regulation would be inefficient and duplicative of the self-regulatory functions for which NFA would be responsible. 8 6 *See, e.g.* , 7 U.S.C. 21(e), which specifies that any person registered under the Act, who is not a member of an RFA, “shall be subject to such other rules and regulations as the Commission may find necessary to protect the public interest and promote just and equitable principles of trade.” 7 In this regard, the Commission found that the Regulation, which would operate in conjunction with NFA's Bylaw 1101, would assure essentially complete NFA membership from the universe of commodity professionals: FCMs, CPOs, CTAs and IBs. This is because Bylaw 1101 prohibits members from carrying an account, accepting an order or handling a transaction in commodity futures contracts for or on behalf of any non-NFA member that is required to be registered with the CFTC as an FCM, IB, CPO or CTA. 8 It should be noted that, since the adoption of the Regulation, the Commission has been reauthorized four times, specifically, in 1986, 1992, 1995 and 2000. The Act also was amended by the Telemarketing and Consumer Fraud and Abuse Prevention Act, Pub. L. No. 103-297, 108 Stat. 1545 (1994). At no time during reauthorization of the Commission or in connection with amending the CEA was the viability of the Regulation challenged or questioned. In proposing the Regulation, the Commission requested comment on whether the Regulation should be expanded to apply to all registered FCMs, regardless of whether such persons are required to be registered. 9 Ultimately, the Commission found that expansion was not necessary to ensure the effectiveness of NFA's self-regulatory program. The Commission noted, however, that it might consider expanding the Regulation in the future in light of new circumstances or experiences with the Regulation. 10 As discussed below, in light of the new oversight philosophy advanced by the CFMA, the Commission believes that the Regulation now should be expanded. 9 47 FR 53031, 53031-32 (Nov. 24, 1982). Pursuant to Sections 1a(20) and 4d(a)(1) of the Act, a person must register with the Commission as an FCM if it solicits or accepts orders from customers for the purchase or sale of commodity futures contracts on or subject to the rules of a contract market or derivatives transaction execution facility and accepts customer funds related thereto. Some persons register with the Commission as FCMs even though they are not required to be registered. For example, a person may not currently handle exchange-traded customer business but may nonetheless register as an FCM or maintain its registration as an FCM if it anticipates handling exchange-traded futures business at a later date. Additionally, a person may be or become fully registered as a BD and wish to act as counterparty to off-exchange foreign currency futures or option transactions with retail customers. *See* 7 U.S.C. 2(c)(2)(B). The person may fully register as an FCM, although it engages in no other futures or options business and is not required to register as an FCM or become a member of NFA to act as a counterparty in these types of off-exchange foreign currency transactions. 10 48 FR 26304, 26310. B. The Commodity Futures Modernization Act of 2000 In December 2000, the CFMA was enacted into law. The CFMA extensively revised the Act and the regulatory landscape by adding a more flexible regulatory structure based on core principles for registered entities (designated contract markets, derivatives transaction execution facilities and derivatives clearing organizations). Another relevant change made by the CFMA relates to the supervisory function of the Commission. Specifically, the CFMA transformed the role of the CFTC from a front-line regulator, with responsibility for direct supervision of the commodity futures markets and their participants and professionals, to an oversight agency. 11 In light of this new oversight role and the policies and purposes of the Act, including the goals of effective self-regulation and the avoidance of duplicative regulation, the Commission is of the view that all registered FCMs, regardless of whether any such FCM is required to be registered as such, must become and remain members of an RFA. 11 *See* 7 U.S.C. 5(b). II. Proposed Amendment Paragraph
(a)of the Regulation currently provides that, except as specified in paragraph
(b)of the Regulation, each person required to register as an FCM must become and remain a member of at least one RFA. As proposed to be revised, the Regulation would require that each person registered as an FCM— *regardless* of whether any such person is required to be so registered—would need to become and remain a member of at least one RFA. This would ensure that all FCMs come under direct supervision of at least one SRO. Paragraph
(b)of the Regulation currently provides an exception for persons registered as FCMs pursuant to the notice registration provisions set forth in Regulation 3.10(a)(3). The Commission is not proposing to amend paragraph
(b)of the Regulation, which was added following enactment of the CFMA. The CFMA established a joint regulatory framework for persons trading security futures products that included a notice registration procedure for FCMs and BDs that are fully registered, respectively, with the CFTC or the Securities and Exchange Commission. In this regard, the CFMA amended the CEA to specify that any BD that is notice registered with the Commission as an FCM is not required to become a member of an RFA. 12 Paragraph
(b)was added in recognition of this joint regulatory framework and the need to avoid duplicative regulation and, further, to make clear that BDs who notice register as FCMs (in contrast to persons fully registered as FCMs) are not subject to the mandatory provisions and thus need not become members of an RFA. 13 12 *See* 7 U.S.C. 6f(a)(4)(C)(i). 13 *See* 66 FR 43080 (Aug. 17, 2001). As members of NFA, persons registered as FCMs will be subject to the minimum financial requirements of NFA. NFA recently raised its minimum dollar amount of adjusted net capital for member FCMs to $500,000. FCM members acting as counterparties of retail off-exchange foreign currency futures or option transactions are subject to even higher requirements (at least $1 million, $5 million if engaged in option transactions and $7.5 million if seeking to qualify certain affiliates as counterparties). 14 14 *See* NFA Financial Requirements Sections 1(a) and 11(a), which can be accessed at: *http://www.nfa.futures.org/nfaManual/financialRequirements.asp* . The Commission also notes that RFAs, like the other SROs, function as frontline regulators of their members subject to Commission oversight. Adverse registration or disciplinary actions of an RFA are subject to Commission review in accordance with Sections 17(h) and
(i)of the Act and Part 171 of the regulations promulgated thereunder. RFA rules must be submitted to the Commission in accordance with Section 17(j) of the Act, and Sections 17(b)(8) and
(9)outline the procedures an RFA must follow in proceeding against members and applicants for membership. 15 15 Members of an RFA should not be concerned that they will have no right of appeal from an adverse action or that mandatory membership in an RFA will somehow deprive them of their due process rights under the Fifth Amendment to the United States Constitution. This issue was raised by the Antitrust Division in connection with the adoption of the Regulation, and the Commission addressed this concern when it announced adoption of the Regulation. *See* 48 FR 26304, 26307-08. III. Related Matters A. Regulatory Flexibility Act The Regulatory Flexibility Act 16 requires that agencies, in proposing regulations, consider the impact of those regulations on small businesses. The Proposed Amendment would affect persons that are registered as FCMs, even if they are not required to be so registered. The Commission has previously established certain definitions of “small entities” to be used by the Commission in evaluating the impact of its regulations on such entities in accordance with the Regulatory Flexibility Act. 17 The Commission previously determined that registered FCMs are not small entities for the purpose of the Regulatory Flexibility Act. 18 16 5 U.S.C. 601 *et seq.* 17 47 FR 18618 (Apr. 30, 1982). 18 47 FR 18618, 18619. B. Cost-Benefit Analysis Section 15(a) of the Act 19 requires the Commission to consider the costs and benefits of its action before issuing a new regulation under the Act. By its terms, Section 15(a) does not require the Commission to quantify the costs and benefits of a new regulation or to determine whether the benefits of the proposed regulation outweigh its costs. Rather, Section 15(a) simply requires the Commission to “consider the costs and benefits” of its action. 19 7 U.S.C. 19(a). Section 15(a) further specifies that costs and benefits shall be evaluated in light of five broad areas of market and public concern:
(1)Protection of market participants and the public;
(2)efficiency, competitiveness, and financial integrity of futures markets;
(3)price discovery;
(4)sound risk management practices; and
(5)other public interest considerations. The Commission, in its discretion, can choose to give greater weight to any one of the five enumerated areas and determine that, notwithstanding its costs, a particular regulation is necessary or appropriate to protect the public interest or to effectuate any of the provisions or to accomplish any of the purposes of the Act. The Proposed Amendment will result in efficiency enhancements for the Commission and should have no effect on the following three enumerated areas:
(1)Efficiency, competitiveness or the financial integrity of futures markets;
(2)price discovery; and
(3)sound risk management practices. Specifically, the Proposed Amendment, if adopted, will require all fully-registered FCMs, even those that are not required to be registered as FCMs, to become members of an RFA. This will make such FCMs subject to the self-regulatory jurisdiction and oversight programs of NFA. After considering these factors, the Commission has determined to propose the amendment to Regulation 170.15 discussed above. The Commission invites public comment on its application of the cost-benefit provision. Commenters also are invited to submit any data that they may have quantifying the costs and benefits of the Proposed Amendment with their comment letters. List of Subjects in 17 CFR Part 170 Authority delegations (Government agencies), commodity futures, reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Commission proposes to amend 17 CFR part 170 as follows: PART 170—REGISTERED FUTURES ASSOCIATIONS 1. The authority citation for part 170 continues to read as follows: Authority: 7 U.S.C. 6p, 12a and 21, as amended by the Commodity Futures Modernization Act of 2000, Appendix E of Pub. L. 106-554, 114 Stat. 2763 (2000). Subpart C—Membership in a Registered Futures Association 2. Section 170.15 is amended by revising paragraph
(a)to read as follows: § 170.15 Futures commission merchants.
(a)Except as provided in paragraph
(b)of this section, each person registered as a futures commission merchant must become and remain a member of at least one futures association that is registered under section 17 of the Act and that provides for the membership therein of such futures commission merchant, unless no such futures association is so registered. Issued in Washington, DC, on October 25, 2006, by the Commission. Catherine D. Daniels, Assistant Secretary of the Commission. [FR Doc. E6-18270 Filed 10-31-06; 8:45 am] BILLING CODE 6351-01-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 630 [FHWA Docket No. FHWA-2006-25203] RIN 2125-AF10 Temporary Traffic Control Devices AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of proposed rulemaking; request for comments. SUMMARY: The FHWA proposes to supplement its regulation that governs work zone safety and mobility in highway and street work zones to include conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. The proposed changes are intended to decrease the likelihood of fatalities and injuries to workers who are exposed to motorized traffic (vehicles using the highway for purposes of travel) while working on Federal-aid highway projects. This proposal is in response to section 1110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1227. DATES: Comments must be received on or before January 2, 2007. ADDRESSES: Mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590, or submit electronically at *http://dmses.dot.gov/submit* or fax comments to
(202)493-2251. Alternatively, comments may be submitted via the Federal eRulemaking Portal at *http://www.regulations.gov.* All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination at the above address from 9 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped postcard or print the acknowledgement page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, *etc.* ). Persons making comments may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or may visit *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Chung Eng, Office of Transportation Operations,
(202)366-8043; or Mr. Raymond W. Cuprill, Office of the Chief Counsel,
(202)366-0791, U.S. Department of Transportation, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing You may submit or retrieve comments online through the Document Management System
(DMS)at: *http://dmses.dot.gov/submit.* The DMS is available 24 hours each day, 365 days each year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at: *http://www.archives.gov* and the Government Printing Office's Web page at: *http://www.access.gpo.gov/nara.* Background Increasingly, maintenance and reconstruction of the nation's highways are taking place while traffic is maintained on the facility under repair. This has resulted in an increase in the exposure of workers to high-speed traffic and a corresponding increase in the risk of injury or death for highway workers, adding to worker safety concerns within an industry where the fatality rate for highway construction workers is already more than double that of other construction workers. 1 Over the last ten years, the number of fatalities in work zones has risen from 789 in 1995 to 1,068 in 2004. 2 Of the 1,068 fatalities in 2004, 89 percent, or 953 were either motorists or passengers. On average, more than 100 workers are killed and over 20,000 are injured each year in the highway and street construction industry. 3 According to the National Institute for Occupational Safety and Health, 55 percent of the work related fatalities in the U.S. highway construction industry between 1992 and 1998 were vehicle or equipment related incidents that occurred in a work zone. This same source indicated that highway worker fatalities where a worker on foot was struck by a vehicle were about equally likely to have been struck by a passing traffic vehicle versus a construction vehicle. Overall, highway worker safety represents a small but important and increasing part of the work zone safety problem. 1 Road Construction Hazards Fact Sheet—Laborers' Health and Safety Fund of North America, Washington, DC. It is available at the following URL: *http://wzsafety.tamu.edu/files/factsheet.stm.* 2 Fatality Analysis Reporting System
(FARS)maintained by the National Highway Traffic Safety Administration (NHTSA) and is available at the following URL: *http://www.fars.nhtsa.dot.gov/.* 3 Department of Health and Human Services (DHHS), National Institute for Occupational Safety and Health (NIOSH) Publication No. 2001-128; Building Safer Highway Work Zones: Measures to Prevent Worker Injuries from Vehicles and Equipment. It is available at the following URL: *http://www.cdc.gov/niosh/2001128.html.* Recognizing the growing concerns associated with injuries to workers resulting from work space intrusion crashes, the FHWA convened a task force of representatives from the highway industry in 2002 to further explore these concerns. This collaboration led to the publication of a brochure in 2003 that introduces the concept of positive protection as one approach to reducing injuries to workers and motorists. 4 The brochure recommended a three-step process to help reduce fatalities from intrusion crashes:
(1)Increase awareness of the problem and the benefits of using positive protection by distributing the brochure;
(2)synthesize available “good practices” information, including potential benefits, based on existing guidelines, practices, and safety data from individual agencies; and
(3)initiate research to develop standardized guidelines for when to use positive protection in work zones. To date, steps one and two have been completed, and limited research has begun. 4 Federal Highway Administration
(FHWA)Brochure on Positive Protection: Reducing Risk, Protecting Workers and Motorists. This brochure can be obtained from the AASHTO Bookstore through the following URL: *https://bookstore.transportation.org/Item_details.aspx?id=247.* The synthesis, entitled “Positive Protection Practices in Highway Work Zones” and carried out as project 2-7(174) under the National Cooperative Highway Research Program (NCHRP), was completed in June 2005. 5 The synthesis indicated that while there have been numerous studies addressing the overall frequency and severity of work zone crashes, available information on work zone intrusion crashes and worker injuries remains very limited. Limited data available from two States indicate that intrusion crashes accounted for approximately 9 percent of all work zone crashes; 7 percent of fatal work zone crashes; and 8 percent of the fatal and serious injuries combined. This data also indicated that worker fatalities accounted for approximately 15 percent of fatal work zone intrusion crashes. While these numbers are relatively small, they represent an important component of the work zone safety picture. The synthesis found that because of the growing concern with work zone safety, State highway agencies are using a wide range of positive protection devices and other safety treatments. However, temporary barrier placement decisions were generally made on a case-by-case basis, and while worker safety is sometimes considered, no specific guidance on this subject was found. 5 Transportation Research Board (TRB), National Cooperative Highway Research Program (NCHRP) Project 20-7(174), A Synthesis of Highway Practice—Positive Protection Practices in Highway Work Zones, June 17, 2005. Available in the docket. Where positive protection is used, the portable concrete barrier was found to be the temporary barrier most widely used by highway agencies. In fact, it was found to be used to some extent by nearly every State highway agency. In spite of this, the review found that there are few specific situations where agencies require the use of portable concrete barriers in work zones, and these situations are limited almost exclusively to the protection of motorists from drop-offs, opposing traffic, and work space hazards rather than for the protection of workers. In current practice, the decision on portable concrete barrier use typically includes some element of engineering judgement or analysis. In addition to portable concrete barriers, the synthesis review found that the combination of shadow vehicles equipped with truck mounted attenuators (SV/TMA) is also widely used by highway agencies. Information on their use was located for all but 11 States. While worker exposure is not frequently mentioned as a specific factor to be considered in the use of SV/TMAs, it is frequently considered indirectly based on the type of work operations and the overall characteristics of the roadways and work zones where agencies recommend its use. The overwhelming commonality in the use of SV/TMAs was found to be for moving and mobile operations, and work zones of short duration. In addition to specific factors to be considered, the decision on SV/TMA use also includes some elements of engineering judgement or analysis on occasion. Besides portable concrete barriers and SV/TMAs, several other types of positive protection devices were also found to be in use by some State highway agencies, although to a much lesser extent. These include moveable concrete barriers, water-filled barriers, temporary guardrails, arrestor nets, and finally, a highly mobile longitudinal barrier that is characterized as an emerging technology. The synthesis found that positive protection is generally considered by the State highway agencies to be very effective in improving work zone safety, particularly where workers are concerned. This was supported by limited crash data identified in the synthesis that clearly show TMAs as being highly effective in stopping errant vehicles with relatively few serious injuries to occupants of the impacting vehicles or the shadow vehicle driver. Limited crash data was also found confirming that portable concrete barriers are highly effective in terms of preventing intrusions into the work space or other hazardous areas. The synthesis concluded that while positive protection provides a highly effective means of protecting workers and road users from risks associated with work space intrusions, this technique is not feasible or practical for all work zone situations. Based on serious and fatal injuries to vehicle occupants resulting from a number of crashes involving portable concrete barriers, it was recommended that these barriers should always be installed according to accepted design guidelines and only where needed to shield work zone hazards. While the primary focus of the synthesis was on positive protection, the author also looked at other measures that are being used to reduce exposure and reduce intrusion risks. The synthesis found that the combined use of various measures involving other than positive means to reduce worker exposure or reduce intrusion risks, particularly police enforcement and reduced work zone speed limits, may be more common than positive protective measures. Common usage of police in work zones to help enhance safety is supported by findings from a 2001 FHWA study indicating that a majority of States use uniformed police officers in at least some work zones where there are particular safety concerns. 6 However, this study also identified a number of key issues related to the use of police officers in work zones and provided several policy recommendations that would help improve the process as follows: 6 FHWA Study on the Use of Uniformed Police Officers on Federal-aid High Construction Projects, October 2001. This document can be found at the following URL: *http://safety.fhwa.dot.gov/wz/nwzaw/toc.htm.* 1. State transportation agencies using Federal-aid funds to assign uniformed police officers to highway work zones should coordinate with State law enforcement agencies to develop written policies and guidelines addressing the following: a. Situations where uniformed police officers are recommended; b. The work zone traffic control planning process; and c. Officer pay, work procedures supervision, *etc* . 2. Police officers assigned to federally funded highway work zones should receive training on the requirements contained in the Manual on Uniform Traffic Control Devices (MUTCD). 7 7 The Manual on Uniform Traffic Control Devices (MUTCD) is the national standard for all traffic control devices installed on any street, highway, or bicycle trail open to public travel. It can be found at the following URL: *http://mutcd.fhwa.dot.gov/index.htm.* 3. Agencies are encouraged to gather data on traffic safety incidents at federally funded highway work zones to better assess the effectiveness of work zone traffic control techniques. 4. In addition to uniformed police officers, agencies should also consider using new traffic control technologies such as automated enforcement and intrusion alarms to improve safety at highway work zones. Related research that is currently under way includes the following: 1. National Cooperative Highway Research Program (NCHRP) study on the Design of Construction Work Zones on High-Speed Highways (Study details and status can be found at the following URL: *http://www4.trb.org/trb/crp.nsf/All+Projects/NCHRP+3-69* ); and 2. NCHRP study on Traffic Enforcement Strategies in Work Zones (Study details and status can be found at the following URL: *http://www4.nationalacademies.org/trb/crp.nsf/All+Projects/NCHRP+3-80* ). This research is expected to yield additional design guidance that can be used to supplement what currently exists in the MUTCD and the American Association of State Highway and Transportation Officials (AASHTO) Roadside Design Guide. 8 8 The American Association of State Highway and Transportation Officials (AASHTO) Roadside Design Guide presents a synthesis of current information and operating practices related to roadside safety and is intended for use as a resource document from which individual highway agencies can develop standards and policies. It can be purchased from AASHTO thru the following URL: *https://bookstore.transportation.org/item_details.aspx?ID=148.* Legislation Section 1110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Public Law 109-59; August 10, 2005), directed the Secretary of Transportation to issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations. The FHWA is proposing to add a new subpart K to part 630 in title 23, Code of Federal Regulations
(CFR)to implement this statutory requirement. The FHWA is proposing to emphasize the need to appropriately consider and manage worker safety by establishing conditions under which consideration for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, and positive protective measures between workers and motorized traffic would be required on all Federal-aid highway projects. Section-by-Section Discussion of Proposed Rule The FHWA proposes to emphasize the need to appropriately consider and manage worker safety as part of the project development process by providing guidance on key factors to consider in reducing worker exposure and risk from motorized traffic. The FHWA proposes to require that each agency's policy for the systematic consideration and management of work zone impacts, to be established in accordance with the recently updated 23 CFR part 630 subpart J (effective October 12, 2007), address the consideration and management of worker safety as follows: 1. Avoid or minimize worker exposure to motorized traffic through the application of appropriate positive protective strategies including, but not limited to, full road closures; ramp closures; crossovers; detours; and rolling road blocks during work zone setup and removal; 2. Where exposure cannot be adequately managed through the application of the above strategies, reduce risk to workers from being struck by motorized traffic through the use of appropriate positive protective devices; 3. Where exposure and risk reduction is not adequate, possible, or practical, manage risk through the application of appropriate intrusion countermeasures including, but not limited to, the use of uniformed law enforcement officers; and 4. Assure that the quality and adequacy of deployed temporary traffic control devices are maintained for the project duration. This proposed rule would require that each agency develop and implement procedures for considering the need for positive protective measures between workers and motorized traffic; and a policy addressing the use of uniformed law enforcement on Federal-aid projects. The proposed subpart K would also require that each agency develop and implement quality standards for work zone traffic control devices to help ensure that the quality and adequacy of temporary traffic control devices on construction, utility, and maintenance operations is maintained for the project duration. Section 630.1102 Purpose This section would explain that the FHWA is taking this action to establish requirements and provide guidance for addressing worker exposure and risk from motorized traffic in order to decrease the likelihood of fatalities or injuries to workers who are exposed to motorized traffic while working on Federal-aid highway projects. By emphasizing worker safety, the proposed rule would attempt to enhance the safety of both the motorist and worker during the project. Section 630.1104 Definitions This section would provide six definitions to assist in the proper understanding of the proposed rule. A definition of “agency” would be provided to clarify that the term includes State and local highway agencies that receive Federal-aid highway funding. A definition of “Federal-aid highway project” would be provided to clarify that the term includes construction, maintenance, and utility projects that are funded in whole or in part with Federal-aid highway funds. A definition of “intrusion countermeasures” would be provided to differentiate between positive protective measures and other than positive protective measures. A definition of “motorized traffic” would be provided to differentiate between the motorized traveling public versus motorized construction traffic. A definition of “positive protective measures” would be included because the term is defined in section 1110 of SAFETEA-LU. This definition of positive protective measures would be further refined to differentiate between “positive protective devices” and “positive protective strategies.” “Positive protective devices” would be defined as devices that contain and redirect vehicles and meet the crashworthiness evaluation criteria contained in National Cooperative Highway Research Program (NCHRP) report 350. 9 9 Transportation Research Board (TRB), National Cooperative Highway Research Program (NCHRP) Report 350, Recommended Procedures for the Safety Performance Evaluation of Highway Features. This document is available at the following URL: *http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_350-a.pdf.* “Positive protective strategies” would be defined as traffic management strategies that would help avoid crashes involving workers and motorized traffic by eliminating or diverting traffic from the vicinity of the activity area. Such strategies would include the use of full road closures, detours, crossovers, and ramp/interchange closures. Section 630.1106 Positive Protective Measures This section would require that each agency's policy for the systematic consideration and management of work zone impacts, to be established in accordance with the recently updated 23 CFR part 630 subpart J, address the consideration and management of worker safety as part of the overall work zone safety analysis on Federal-aid highway projects. To implement this aspect of the policy, the agency would need to develop procedures that begin with the consideration of positive protective strategies that would avoid or minimize worker exposure to motorized traffic including, but not limited to, full road closures, ramp closures, crossovers, detours, and rolling road blocks during work zone setup and removal. Where the application of positive protective strategies is not possible, practical or adequate to manage exposure, the procedures would consider the use of appropriate positive protective devices, basing need on the project characteristics, the MUTCD, the AASHTO Roadside Design Guide, and factors including, but not limited to, the following: • Project exposure and duration; • Traffic speed; • Traffic volume; • Distance between traffic and workers; • Geometrics (that adversely impact exposure— *e.g.* , poor sight distance, sharp curves); • Vehicle mix; • Type of work (as related to worker exposure); • Time of day ( *e.g.* , night work); • Roadway classification; • Consequences from/to motorists resulting from roadway departure; • Potential hazard to traffic presented by device itself, and to workers and traffic during device placement; • Access to/from work zone; and • Work area restrictions (including impact on worker exposure). *No Escape Routes* —The FHWA proposes that at a minimum, positive protective measures shall be required to separate workers from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape ( *e.g.* , tunnels, bridges, *etc.* ), unless an engineering analysis determines otherwise. Work zones involving no escape areas generally present a higher level of risk for workers and therefore justify special consideration for applying positive protective measures. Rather than the typical approach of determining the need for positive protective measures based on an engineering analysis, the proposed language would emphasize the need to appropriately assess work zones involving no escape areas by requiring that positive protective measures be applied unless an engineering analysis determines that this would not be necessary or feasible based on other project characteristics. The FHWA also proposes that the following minimum criteria for positive protective devices shall apply: *Temporary Longitudinal Traffic Barriers* —Temporary longitudinal traffic barriers would be required to protect workers in stationary work zones lasting 2 weeks or more when the project design speed is 45 mph or greater, and the nature of the work requires workers to be less than a lane-width from the edge of an open travel lane, unless an engineering analysis determines otherwise. While available information on work zone intrusion crashes and worker injuries is limited, there are two especially critical conditions where common sense would indicate a strong need for consideration of temporary longitudinal traffic barriers. The first is speed, specifically, speeds that are 45 mph or greater. Of the 1,068 highway fatalities in 2004 that occurred in work zones, 888, or 83 percent, occurred where the speed limit was 45 mph or greater. 10 The second is the proximity of workers to live traffic. In the presence of speeds of 45 mph and greater, common sense would indicate that workers within a lane-width of a live travel lane would be at high risk in terms of exposure, particularly in light of the many distractions that the average driver faces on a daily basis. A national survey of more than 4,000 drivers in 2002 showed that about 14 percent of drivers that have been involved in a crash in the past 5 years attribute the crash to their being distracted at the time. 11 This projects to an estimated 7.2 million distracted driver crashes over a 5 year period. 10 Fatality Analysis Reporting System
(FARS)maintained by the National Highway Traffic Safety Administration (NHTSA) and is available at the following URL: *http://www-fars.nhtsa.dot.gov/.* 11 Findings Report for National Survey of Distracted and Drowsy Driving Attitudes and Behaviors: 2002 submitted to NHTSA March 2003. The report can be found at the following URL: *http://www.nhtsa.dot.gov/people/injury/drowsy_driving1/survey-distractive03/index.htm.* In addition to the critical conditions described, a determination of whether or not to use temporary longitudinal traffic barriers must also consider the work zone duration. The act of placing, relocating, and removing the barriers themselves poses a risk to the workers involved, as well as to the motorists. By their nature, temporary longitudinal traffic barriers tend to be heavy, bulky and time consuming to maneuver. While there is no data pointing to a specific duration as being an ideal “tipping point”, the previously cited synthesis on Positive Protection Practices in Highway Work Zones indicates that three States specified a threshold value, all of which were two weeks or more, as one factor in considering the need for temporary longitudinal traffic barriers. While the preceding are considered to be a critical combination of characteristics, the FHWA recognizes that consideration of other factors and project characteristics as part of an engineering analysis may determine the best solution to be something other than temporary longitudinal traffic barriers. Similar to the proposed approach for addressing work zones involving no escape areas, the intent is to emphasize the need to appropriately assess work zones with the specified critical combination of characteristics by requiring that temporary longitudinal traffic barriers be applied unless an engineering analysis determines that this would not be necessary or feasible based on other project characteristics. *Shadow Vehicles and Truck Mounted Attenuators* —The FHWA proposes that the determination of need and the priorities for application of protective shadow vehicles and truck-mounted attenuators shall be consistent with the guidance included in chapter 9 of the AASHTO Roadside Design Guide. The AASHTO Roadside Design Guide is a widely recognized document that is intended for use as a resource from which individual highway agencies can develop standards and policies, making modifications to fit local conditions as appropriate. The guidance in chapter 9 includes suggested priorities for the application of protective vehicles and truck mounted attenuators that appear to be very well thought out. Accordingly, the FHWA is proposing that these suggested priorities serve as the basis upon which decisions on need are made. *Other Requirements* —When positive protective devices are required by an agency, the FHWA proposes to require that these devices shall be paid for on a unit pay basis, unless doing so would create a conflict with innovative contracting approaches such as design-build or some performance based contracts where the contractor is paid to assume a certain risk allocation, and payment is generally made on a lump sum basis. The application of specific positive protective devices would be required to be in accordance with the work zone hardware recommendations in Chapter 9 of the AASHTO Roadside Design Guide: Traffic Barriers, Traffic Control Devices, and Other Safety Features for Work Zones' 2002, which is incorporated by reference into 23 CFR 630.1012(b)(1) in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, effective October 12, 2007, and is on file at the National Archives and Record Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal regulations/ibr_locations.html.* The entire document is available for purchase from the American Association of State Highway and Transportation Officials (AASHTO), 444 North Capitol Street, NW., Suite 249, Washington, DC 2001 or thru the following URL: *https://bookstore.transportation.org/item_details.aspx?ID=148.* Section 630.1108 Intrusion Countermeasures This section would promote the consideration and use of other than positive protective measures to reduce the risk of motorized traffic intrusion into the work space where the provision of positive protective measures is not adequate, possible or practical. A wide range of motorized traffic intrusion countermeasures would be suggested for consideration including, but not limited to the following: • Effective, credible signing; • Variable message signs; • Arrow boards; • Warning flags and lights on signs; • Longitudinal and lateral buffer space; • Trained flaggers and spotters; • Enhanced flagger station setups; • Intrusion alarms; • Rumble strips; • Pace or pilot vehicle; • High quality work zone pavement markings and removal of misleading markings; • Channelizing device spacing reduction; • Longitudinal channelizing barricades; • Work zone speed limit reduction; • Law enforcement; • Automated speed enforcement (where permitted by State/local laws); • Drone radar; • Worker and work vehicle/equipment visibility; and • Worker training. It would be noted that these countermeasures are not mutually exclusive and should be considered in combination as appropriate. This section would specifically recognize that the countermeasure of using uniformed law enforcement officers to maintain an appropriate speed through work zones is a common practice in many States. Law enforcement presence in work zones is generally recognized as an element that helps enhance safety. 12 The presence of a uniformed law enforcement officer and marked law enforcement vehicle in view of the traveling public on a highway project can affect driver behavior, helping to maintain the appropriate speeds and increasing driver awareness through the work zone. This is particularly important given the large number of distracted driver crashes cited previously, and that almost one out of every three traffic fatalities have been found to be related to speeding. 13 12 FHWA Study on the Use of Uniformed Police Officers on Federal-aid Highway Construction Projects, October 2001. This document can be found at the following URL: *http://safety.fhwa.dot.gov/wz/nwzaw/toc.htm* . 13 FHWA Safety Facts Flyer, which can be found at the following URL: *http://ntl.bts.gov/lib/23000/23100/23121/12SpeedCountsNumbers.pdf.* This section would suggest conditions that should be considered in determining the need for uniformed law enforcement presence in work zones. These include, but are not limited to, the following: • Operations occurring on high speed, high volume facilities where workers on foot are exposed to traffic; • Operations, including temporary traffic control device set-up and removal, that occur closely adjacent to traffic without positive protection; • Operations that require temporary or frequent shifts in traffic patterns; • Night operations that may cause special concerns; • Locations where traffic conditions and crash history indicate substantial problems may be encountered during the project; • Operations that require brief closure of all lanes in one or both directions; • Operations where traffic queuing is expected; and • Other work sites where traffic conditions present a high risk for workers and the traveling public. While full-time uniformed law enforcement presence in every work zone is not a reasonable expectation, policies that result in an increased driver expectancy for encountering law enforcement officers in work zones should help improve safety. This may be achieved through a combination of active enforcement (issuing citations) at selected work zones, law enforcement presence during high-risk activities, and occasional law enforcement presence at all major work zones. The previously cited FHWA study on the use of uniformed police officers recognized that a majority of States already use uniformed police officers in at least some work zones. However, this study also identified a number of issues that hinder more widespread and consistent use of uniformed police officers in work zones including: • Some agencies had no policies regarding the use of officers; • Where policies existed, they vary widely regarding the circumstances where officers are used; • A majority of the agencies did not have a training program for officers assigned to work zones; • It was not clear whether police officers were familiar with the MUTCD in all cases; • Chain of command varied widely; • Conflicts exist between an officer's routine mission versus work zone duties; • Nearly half of the agencies do not include the police when planning a project; • Funding is not always available when officers are needed; and • Officers are not always available when needed. To address these issues, this section would require that each agency, in cooperation with the FHWA, develop a policy, or update an existing policy where appropriate, to address the use of uniformed law enforcement on work zone operations occurring on Federal-aid highways. The policy would address the following: 1. Law enforcement involvement during major project planning and development; 2. Situations where uniformed law enforcement officers are recommended; 3. Duties/expectations of the officers (and how they differ according to different situations); 4. Active enforcement versus presence; 5. Appropriate work zone safety and mobility training for the officers; 6. Communications and chain of command; and 7. Officer pay. This section would emphasize that when uniformed law enforcement officers are used, they are to be used as a supplement to, and not a replacement for, temporary traffic control devices required by the MUTCD. The conditions regarding Federal-aid eligibility for using uniformed law enforcement officers would be clarified in this section. This section would also address the issue of funding shortfalls where payment for officers is part of an agency-wide program budget by requiring appropriate consideration of anticipated projects to more accurately estimate budget needs, and the establishment of contingency provisions to provide for instances when the initial budget proves insufficient. Section 630.1110 Installation and Maintenance of Temporary Traffic Control Devices The focus of this section would be to ensure that the proper temporary traffic control devices are installed and adequately maintained throughout the life of the project. Part 6 of the MUTCD includes requirements for temporary traffic control. The recently updated regulation in 23 CFR part 630 subpart J will require the development of a Temporary Traffic Control plan, in accordance with Part 6 of the MUTCD, as a component of a broader Transportation Management Plan
(TMP)in order to facilitate the continuity of reasonably safe and efficient road user flow and highway worker safety when a work zone is necessary. Subpart J will also require that both the agency and the contractor each designate a trained person at the project level with the responsibility for implementing the TMP. Typically, the installation and maintenance of temporary traffic control devices are both part of a basic contract item such as “traffic control and protection,” or “protection and maintenance of traffic.” Such items generally also cover maintenance. Requiring a separate pay item for the installation and maintenance of temporary traffic control devices would not be substantially different from current practice. The FHWA believes that section 1110 of SAFETEA-LU advocates a requirement that each agency develop and adopt a quality standard to help maintain the quality and adequacy of the temporary traffic control devices for the duration of the project. The FHWA proposes to emphasize the maintenance aspect to ensure that quality is sustained throughout the life of the project by requiring that each agency develop and implement a quality standard to help maintain the quality and adequacy of the temporary traffic control devices for the duration of the project. Some agencies are already doing this, either by developing a variation of, or through direct reference to quality guidelines for work zone traffic control devices such as those developed by the American Traffic Safety Services Association (ATSSA). 14 This section would also require that there be an appropriate level of inspection to assure compliance with the quality standards. 14 The American Traffic Safety Services Association's (ATSSA) Quality Guidelines for Work Zone Traffic Control Devices uses photos and written descriptions to help judge when a traffic control device has outlived its usefulness. These guidelines are available for purchase from ATSSA through the following URL: *http://www.atssa.com/store/bc_item_detail.jsp?productId=1.* Compliance Date The FHWA proposes to establish a compliance date of October 12, 2008, for subpart K. Subpart K is proposed as a supplement to subpart J, which governs work zone safety and mobility in highway and street work zones, and has an effective date of October 12, 2007. Since subpart K is tied to the specific components of Subpart J, the proposed compliance date for subpart K would provide one year from the effective date of subpart J to implement the proposed requirements through revisions and/or additions to elements developed under subpart J. National Congestion Initiative The proposed rule includes measures that could further the goals of the Secretary of Transportation's new National Strategy to Reduce Congestion on America's Transportation Network, announced on May 16, 2006. 15 By requiring the development and implementation of a standard to help maintain the quality and adequacy of temporary traffic control devices on Federal-aid highway projects, we anticipate that the proposed rule will help reduce congestion by assuring that motorists are always provided with positive guidance while traveling through work zones. 15 Speaking before the National Retail Federation's annual conference on May 16, 2006, in Washington, DC, U.S. Transportation Secretary Norman Mineta unveiled a new plan to reduce congestion plaguing America's roads, rail, and airports. The National Strategy to Reduce Congestion on America's Transportation Network includes a number of initiatives designed to reduce transportation congestion. The transcript of these remarks is available at the following URL: *http://www.dot.gov/affairs/minetasp051606.htm.* Rulemaking Analysis and Notices All comments received on or before the close of business on the comment closing date indicated above will be considered and will be available for examination in the docket at the above address. Comments received after the comment closing date will be filed in the docket and will be considered to the extent practicable, but the FHWA may issue a final rule at any time after the close of the comment period. In addition to late comments, the FHWA will also continue to file in the docket relevant information that becomes available after the comment closing date, and interested persons should continue to examine the docket for new material. Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT Regulatory Policies and Procedures The FHWA has determined preliminarily that this action would not be a significant regulatory action within the meaning of Executive Order 12866 or significant within the meaning of U.S. Department of Transportation regulatory policies and procedures. A recent synthesis of positive protection practices in highway work zones indicates that a wide range of positive protective devices and other safety treatments are already being used by State highway agencies. 16 This synthesis found that among positive protective devices, portable concrete barriers and SV/TMAs were being used by nearly every State highway agency. The proposed regulatory action would emphasize the need to consider worker safety as an integral part of each State highway agency's process for considering and managing the overall impacts due to work zones. As such, any additional usage of positive protective devices resulting from the proposed action would be incremental to what many State highway agencies are already using to address work zone safety. In addition, the emphasis on first considering strategies that would avoid or minimize worker exposure to motorized traffic may decrease the overall need for positive protective devices. Accordingly, it is anticipated that the economic impact of this rulemaking would be minimal. 16 Transportation Research Board (TRB), National Cooperative Highway Research Program (NCHRP) Project 20-7(174), A Synthesis of Highway Practice—Positive Protection Practices in Highway Work Zones, June 17, 2005. Available in the docket. The proposed action is not anticipated to adversely affect, in a material way, any sector of the economy. In addition, the proposed action is not likely to interfere with any action taken or planned by another agency or to materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Based on the information received in response to this NPRM, the FHWA intends to carefully consider the costs and benefits associated with this rulemaking. Accordingly, comments, information, and data are solicited on the economic impact of the changes described in this document or any alternative proposal submitted. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-612), the FHWA has evaluated the effects of these proposed changes on small entities. This rule applies to all State and local highway agencies that use Federal-aid highway funding in the execution of their highway program. The proposed regulatory action would emphasize the need to consider worker safety as an integral part of each agency's process for considering and managing the overall impacts due to work zones on Federal-aid highway projects. As noted previously, a recent synthesis of positive protection practices in highway work zones indicates that a wide range of positive protective devices and other safety treatments are already being used by State highway agencies. This synthesis found that among positive protective devices, portable concrete barriers and SV/TMAs were being used by nearly every State highway agency. The FHWA believes that positive protective devices and other safety treatments are also widely used by many local agencies because the FHWA's research indicates that local agencies usually follow State practice with respect to MUTCD guidance. As such, any additional usage of positive protective devices resulting from the proposed action would be incremental to what many local highway agencies are already using to address work zone safety. In addition, the emphasis on first considering strategies that would avoid or minimize worker exposure to motorized traffic may decrease the overall need for positive protective devices. Accordingly, the FHWA has determined that the proposed regulation would not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This notice of proposed rulemaking would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Public Law 104-4, 109 Stat. 48, March 22, 1995). This proposed action would not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $128.1 million or more in any one year period to comply with these changes. Additionally, the definition of “Federal mandate” in the Unfunded Mandate Reform Act excludes financial assistance of the type in which State, local or tribal governments have authority to adjust their participation in the program in accordance with changes made in the program by the Federal government. The Federal-aid highway program permits this type of flexibility to the States. Executive Order 13132 (Federalism) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 dated August 4, 1999, and the FHWA has determined that this proposed action would not have a substantial direct effect or sufficient federalism implications on States that would limit the policymaking discretion of the States and local governments. The FHWA has also determined that this proposed rulemaking would not preempt any State law or State regulation or affect the States' ability to discharge traditional State governmental functions and does not have sufficient federalism implications to warrant the preparation of a federalism assessment. The proposed amendments are in keeping with the Secretary of Transportation's authority under 23 U.S.C. 109(d), 315, and 402(a) to promulgate uniform guidelines to promote the safe and efficient use of highways. Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this proposed action under Executive Order 13175, dated November 6, 2000, and believes that it would not have substantial direct effects on one or more Indian tribes; would not impose substantial direct compliance costs on Indian tribal governments; and would not preempt tribal law. The purpose of this proposed rule is to improve worker safety on Federal-aid highway projects, and would not impose any direct compliance requirements on Indian tribal governments and will not have any economic or other impacts on the viability of Indian tribes. Therefore, a tribal summary impact statement is not required. Executive Order 13211 (Energy Effects) The FHWA has analyzed this proposed action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. It has been determined that it is not a significant energy action under that order because it is not a significant regulatory action under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects under Executive Order 13211 is not required. Executive Order 12372 (Intergovernmental Review) Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995
(PRA)(44 U.S.C. 3501, *et seq.* ), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this proposed action does not contain collection information requirements for purposes of the PRA. Executive Order 12988 (Civil Justice Reform) This proposed action meets applicable standards in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) The FHWA has analyzed this proposed action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this proposed action would not cause an environmental risk to health or safety that may disproportionately affect children. Executive Order 12630 (Taking of Private Property) This proposed action would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. National Environmental Policy Act The agency has analyzed this proposed action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and has determined that it would not have any effect on the quality of the environment. Regulation Identification Number A regulation identification number
(RIN)is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 630 Government contracts, Grant programs—transportation, Highway safety, Highways and roads, Project agreement, Traffic regulations. Issued on: October 25, 2006. J. Richard Capka, Federal Highway Administrator. In consideration of the foregoing, the FHWA proposes to add Subpart K to title 23, Code of Federal Regulations, Part 630, as follows: Subpart K—Temporary Traffic Control Devices Sec. 630.1102 Purpose. 630.1104 Definitions. 630.1106 Positive Protective Measures. 630.1108 Intrusion Countermeasures. 630.1110 Installation and Maintenance of Temporary Traffic Control Devices. Authority: 23 U.S.C. 109(c) and 112; Sec. 1110 of Pub. L. 109-59; 23 CFR 1.32; and 49 CFR 1.48(b). Subpart K—Temporary Traffic Control Devices § 630.1102 Purpose. To establish requirements and provide guidance for addressing worker safety by limiting the exposure and risk from motorized traffic in order to decrease the likelihood of fatalities or injuries to workers on Federal-aid highway projects. This subpart is applicable to all State and local highway agencies that receive Federal-aid highway funding. § 630.1104 Definitions. For the purposes of this subpart, the following definitions apply: *Agency* means a State or local highway agency that receives Federal-aid highway funding. *Federal-aid Highway Project* means highway construction, maintenance, and utility projects funded in whole or in part with Federal-aid funds. *Intrusion Countermeasures* means strategies involving the use of other than positive protective measures to reduce the likelihood of motorized traffic intrusion into the work space. *Motorized Traffic* means the motorized traveling public. This term does not include motorized construction or maintenance traffic. *Positive Protective Devices* means the devices that contain and redirect vehicles and meet the crashworthiness evaluation criteria contained in NCHRP report 350. *Positive Protective Measures* means the positive protective devices and positive protective strategies used to avoid motorized traffic crashes in work zones that can lead to worker injuries and fatalities through work space intrusions. *Positive Protective Strategies* means the traffic management strategies that would help avoid crashes involving workers and motorized traffic by eliminating or diverting traffic from the vicinity of the activity area. § 630.1106 Positive Protective Measures.
(a)Each agency's policy for the systematic consideration and management of work zone impacts, to be established in accordance with 23 CFR 630.1006, shall include the consideration and management of highway worker safety on Federal-aid highway projects. These procedures should begin with the consideration of positive protective strategies that would avoid or minimize worker exposure to motorized traffic including, but not limited to, full road closures; ramp closures; crossovers; detours; and rolling road blocks during work zone setup and removal. Where these strategies are not possible, practical, or adequate to manage exposure, the procedures shall consider the use of appropriate positive protective devices, basing need on the project characteristics, the MUTCD, chapter 9 of the AASHTO Roadside Design Guide, and factors including, but not limited to, the following:
(1)Project exposure and duration;
(2)Traffic speed;
(3)Traffic volume;
(4)Distance between traffic and workers;
(5)Geometrics (that adversely impact exposure— *e.g.* , poor sight distance, sharp curves);
(6)Vehicle mix;
(7)Type of work (as related to worker exposure);
(8)Time of day ( *e.g.* , night work);
(9)Roadway classification;
(10)Consequences from/to motorists resulting from roadway departure;
(11)Potential hazard to traffic presented by device itself, and to workers and traffic during device placement;
(12)Access to/from work zone; and
(13)Work area restrictions (including impact on worker exposure).
(b)At a minimum, positive protective measures shall be required to separate workers from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape ( *e.g.* , tunnels, bridges, etc.) unless an engineering analysis determines otherwise. In addition, the following minimum criteria for positive protective devices shall apply:
(1)Temporary longitudinal traffic barriers shall be used to protect workers in stationary work zones lasting two weeks or more when the project design speed is 45 mph or greater, and the nature of the work requires workers to be within one lane-width from the edge of a live travel lane, unless an engineering analysis determines otherwise.
(2)The determination of need and the priorities for application of protective shadow vehicles and truck-mounted attenuators shall be consistent with the guidance included in chapter 9 of the AASHTO Roadside Design Guide.
(c)When positive protective devices are necessary, these devices shall be paid for on a unit pay basis, unless doing so would create a conflict with innovative contracting approaches such as design-build or some performance based contracts where the contractor is paid to assume a certain risk allocation, and payment is generally made on a lump sum basis. Application of specific positive protective devices shall be in accordance with chapter 9 of the AASHTO Roadside Design Guide. § 630.1108 Intrusion Countermeasures.
(a)In situations where the provision of positive protective measures is not adequate, possible or practical, appropriate consideration should be given to the use of intrusion countermeasures to reduce the risk of motorized traffic intrusion into the work space. These countermeasures are not mutually exclusive and should be considered in combination as appropriate. A wide range of motorized traffic intrusion countermeasures should be considered including, but not limited to:
(1)Effective, credible signing;
(2)Variable message signs;
(3)Arrow boards;
(4)Warning flags and lights on signs;
(5)Longitudinal and lateral buffer space;
(6)Trained flaggers and spotters;
(7)Enhanced flagger station setups;
(8)Intrusion alarms;
(9)Rumble strips;
(10)Pace or pilot vehicle;
(11)High quality work zone pavement markings and removal of misleading markings;
(12)Channelizing device spacing reduction;
(13)Longitudinal channelizing barricades;
(14)Work zone speed limit reduction;
(15)Law enforcement;
(16)Automated speed enforcement (where permitted by State/local laws);
(17)Drone radar;
(18)Worker and work vehicle/equipment visibility; and
(19)Worker training.
(b)Among the intrusion countermeasures, uniformed law enforcement presence in work zones is generally recognized as an element that enhances safety. The presence of a uniformed law enforcement officer and marked law enforcement vehicle in view of the motorized traffic on a highway project can affect driver behavior, helping to maintain appropriate speeds and increase driver awareness through the work zone. Conditions that should be considered in determining the need for uniformed law enforcement presence in work zones include, but are not limited to, the following:
(1)Operations occurring on high speed, high volume facilities where workers on foot are exposed to traffic;
(2)Operations, including temporary traffic control device set-up and removal, that occur closely adjacent to traffic without positive protection;
(3)Operations that require temporary or frequent shifts in traffic patterns;
(4)Night operations that may cause special concerns;
(5)Locations where traffic conditions and crash history indicate substantial problems may be encountered during the project;
(6)Operations that require brief closure of all lanes in one or both directions;
(7)Operations where traffic queuing is expected; and
(8)Other work sites where traffic conditions present a high risk for workers and the traveling public.
(c)Each agency, in cooperation with the FHWA, shall develop a policy addressing the use of uniformed law enforcement on operations occurring on Federal-aid highways. The policy shall address the following:
(1)Law enforcement involvement during major project planning and development;
(2)Situations where uniformed law enforcement officers are recommended;
(3)Duties/expectations of the officers (and how they differ according to different situations);
(4)Active enforcement versus presence;
(5)Appropriate work zone safety and mobility training for the officers, consistent with the training requirements in 23 CFR 630.1008(d);
(6)Communications and chain of command; and
(7)Officer pay
(d)Uniformed law enforcement officers shall not be used in lieu of temporary traffic control devices required by the Part 6 of the MUTCD. Costs associated with the provision of uniformed law enforcement to help protect workers and maintain safe and efficient travel through highway work zones are eligible for Federal-aid participation. Federal-aid eligibility excludes law enforcement activities that would normally be expected in and around highway problem areas requiring management of traffic. Payment for the services of uniformed law enforcement in work zones may be included as part of the project budget, or be accommodated as part of an agency-level program budget. Payment for the use of uniformed law enforcement included as part of the project budget shall be on a unit pay basis. The process for establishing an agency-level program budget shall include:
(1)Appropriate consideration of anticipated projects to estimate budget needs; and
(2)Contingency provisions to address identified needs should the budget prove insufficient. § 630.1110 Installation and Maintenance of Temporary Traffic Control Devices. To help ensure that the integrity of the temporary traffic control is sustained after implementation, each agency shall develop and implement quality standards to help maintain the quality and adequacy of the temporary traffic control devices for the duration of the project. Agencies may choose to adopt quality standards such as those developed by the American Traffic Safety Services Association (ATSSA). 1 A level of inspection necessary to assure compliance with the quality standards shall be provided. 1 The American Traffic Safety Services Association's (ATSSA) Quality Guidelines for Work Zone Traffic Control Devices uses photos and written descriptions to help judge when a traffic control device has outlived its usefulness. These guidelines are available for purchase from ATSSA through the following URL: *http://www.atssa.com/store/bc_item_detail.jsp?productId=1.* [FR Doc. E6-18283 Filed 10-31-06; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs 25 CFR Parts 15, 18, 150, 152, and 179 Office of the Secretary 43 CFR Parts 4 and 30 RIN 1076-AE59 Indian Trust Management Reform AGENCY: Bureau of Indian Affairs, Office of the Secretary, Interior. ACTION: Notice of reopening of comment period for proposed rule. SUMMARY: On August 8, 2006, the Bureau of Indian Affairs
(BIA)and the Office of the Secretary proposed to amend several of their regulations related to Indian trust management (see 71 FR 45173). The purpose of the amendments is to further fulfill the Secretary's fiduciary responsibilities to federally recognized tribes and individual Indians and to meet the Indian trust management policies in the Indian Land Consolidation Act (ILCA), as amended by the American Indian Probate Reform Act of 2004 (AIPRA). These amendments address Indian trust management issues in the areas of probate, probate hearings and appeals, tribal probate codes, life estates and future interests in Indian land, the Indian land title of record, and conveyances of trust or restricted land. There is also an “Application for Consolidation by Sale” form that is associated with one of these amendments. This notice reopens the comment period for an additional 60 days to January 2, 2007. The BIA and Office of Secretary are reopening the comment period for an additional 60 days to ensure that all interested parties, including tribes and individual Indians, have the opportunity to review the proposed rule and prepare their comments. DATES: The comment period for the proposed rule published on August 8, 2006 (71 FR 45173) is extended to January 2, 2007. ADDRESSES: You may submit comments, identified by the number 1076-AE59, by any of the following methods: — *Federal rulemaking portal* : *http://www.regulations.gov.* Follow the instructions for submitting comments. —Web site at *www.doitrustregs.com.* — *E-mail:* *Michele_F_Singer@ios.doi.gov.* Include the number 1076-AE59 in the subject line of the message. — *Fax:*
(202)208-5320. Include the number 1076-AE59 in the subject line of the message. — *Mail:* U.S. Department of the Interior, 1849 C Street, NW., Mail Stop 4141, Washington, DC 20240. — *Hand delivery:* Michele Singer, U.S. Department of the Interior, 1849 C Street, NW., Washington, DC 20240. Comments on the information collection burdens, including comments on or requests for copies of the “Application for Consolidation by Sale” form, are separate from those on the substance of the rule. Send comments on the information collection burdens to: Interior Desk Officer 1076-AE59, Office of Management and Budget, e-mail: *oira_docket@omb.eop.gov* ; or 202/395-6566 (fax). Please also send a copy of your comments to BIA at the location specified under the heading ADDRESSES . FOR FURTHER INFORMATION CONTACT: Michele Singer, Counselor to the Assistant Secretary—Indian Affairs, Department of the Interior, 1849 C Street, NW., Mail Stop 4141, Washington, DC 20240, telephone
(202)273-4680. SUPPLEMENTARY INFORMATION: In developing the final rule, the Department will consider all comments received before January 2, 2007. Therefore, if you submitted comments at any time before January 2, 2007, you do not need to resubmit them. In addition to making plain language revisions, the amendments revise the regulations to: • *Incorporate AIPRA changes to probate:* AIPRA created a uniform probate code to standardize intestate succession rules for trust and restricted property. The uniform probate code reinforces tribal sovereignty by eliminating the application of state laws in the probate of trust and restricted assets while deferring to approved tribal probate codes. AIPRA also established new mechanisms for consolidating fractionated interests at probate and through sale of highly fractionated tracts. The proposed amendments to probate regulations would implement AIPRA's provisions by requiring the additional information needed to determine heirs and devisees to be included in the probate file, and by establishing the procedures for directional disclaimers, purchases at probate and consolidation agreements. These regulations continue to refer all probate cases to OHA. The amendments streamline the OHA process by shortening deadlines to more reasonable time periods. Amendments to life estate provisions reflect AIPRA's change in the valuation of a life estate to be “without regard to waste” and base the valuation on the four-year average Single Life Factor used by the U.S. Internal Revenue Service in Table S of the 7520 rate schedule, without regard to gender. • *Promote consolidation (reduce fractionation) of interests:* Allotments owned by Indians have become increasingly fractionated with the probate of each generation, resulting in the division of the allotment into smaller and smaller interests. These amendments meet the policy expressed by Congress to reduce fractionation (i.e., the exponential increase in the number of ownership interests in a given parcel of land) of tribal and individual Indian interests in trust and restricted property through the use of several tools. These tools include the opportunities for tribes to establish a tribal land consolidation plan; purchase interests in land within their respective jurisdictions when offered for negotiated sale, gift, or exchange; make a tribal tract purchase (i.e., obtain fractionated interests of non-consenting trust and restricted owners under certain circumstances); and unify ownership and consolidate interests in a tract through partition. The amendments allow both tribes and individual Indians to obtain highly fractionated interests through a new mechanism, created by AIPRA: consolidation by sale (called “partition of highly fractionated lands” in AIPRA). Additionally, the new AIPRA mechanisms being incorporated in probate regulations will offer opportunities to reduce fractionation through the distribution of probate property. • *Improve service to beneficiaries:* Amendments to the Land Titles and Records Office
(LTRO)regulations will update and standardize LTRO title practices and recordation to ensure the Secretary is able to accurately track and record accounting of trust and restricted interest owners, allowing the Secretary to better serve the beneficiaries. Amendments to the probate process are aimed at facilitating the process to reduce the probate backlog and better serve beneficiaries. By clarifying the requirements and processes for probate, approval of tribal probate codes, obtaining LTRO services and products, and conveying trust and restricted property, the Department of the Interior improves communication and transparency, allowing better service to beneficiaries. Authority: Regulatory amendments to these parts are proposed under the general authority of the American Indian Trust Fund Management Reform Act of 1994, 25 U.S.C. 4021 *et seq.* , and the Indian Land Consolidation Act of 2000, as amended by the American Indian Probate Reform Act of 2004, 25 U.S.C. 2201 *et seq.* Dated: October 13, 2006. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E6-18396 Filed 10-31-06; 8:45 am] BILLING CODE 4310-W7-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2006-0564, FRL-8236-9] Approval and Promulgation of Air Quality Implementation Plans; Utah; Revisions to the Utah Administrative Code; Proposed Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve State Implementation Plan
(SIP)revisions submitted by the State of Utah on February 7, 2006. These changes to the Utah Administrative Code revise some minor technical requirements of Utah's continuous emission monitoring rules and correct several grammatical errors. The intended effect of this action is to make federally enforceable those provisions that EPA is proposing to approve. This action is being taken under section 110 of the Clean Air Act. In the “Rules and Regulations” section of this **Federal Register** , EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. DATES: Written comments must be received on or before December 1, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-OAR-2006-0564, by one of the following methods: — *www.regulations.gov.* Follow the on-line instructions for submitting comments. — *E-mail* : *long.richard@epa.gov* and *kimes.jeffrey@epa.gov.* — *Fax:*
(303)312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). — *Mail:* Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466. — *Hand Delivery:* Richard R. Long, Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding federal holidays. Special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules Section of this **Federal Register** for detailed instruction on how to submit comments. FOR FURTHER INFORMATION CONTACT: Jeffrey Kimes, Air and Radiation Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466,
(303)312-6445, *kimes.jeffrey @epa.gov.* SUPPLEMENTARY INFORMATION: See the information provided in the Direct Final action of the same title which is located in the Rules and Regulations Section of this **Federal Register** . Authority: 42 U.S.C. 7401 et seq. Dated: September 27, 2006. Carol Rushin, Acting Regional Administrator, Region 8. [FR Doc. E6-18379 Filed 10-31-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7668] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations
(BFEs)and proposed BFE modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety
(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr. CFM, Acting Section Chief, Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* 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 proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Source of flooding and location Range of elevations in feet (NAVD)+ City of Belleview, Marion County, Florida Unnamed ponding areas +65 Unnamed ponding areas +108 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Maps available for inspection at the Belleview City Hall, Public Works Department, 5343 Southeast Abshier Boulevard, Belleview, Florida. Send comments to The Honorable Tammy Moore, Mayor of the City of Belleview, 5343 Southeast Abshier Boulevard, Belleview, Florida 34420. City of Dunnellon, Marion County, Florida Unnamed ponding areas +32 Unnamed ponding areas +69 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Maps available for inspection at the Dunnellon City Hall, 20750 River Drive, Dunnellon, Florida. Send comments to Mr. Edward Ericson, Dunnellon City Manager, 20750 River Drive, Dunnellon, Florida 34431. Marion County, Florida (Unincorporated Areas) Unnamed ponding areas ( *primarily* , but not exclusively located west of Interstate 75) +6 Unnamed ponding areas ( *primarily* , but not exclusively located west of Interstate 75) +200 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Maps available for inspection at the Marion County Transportation Department, 412 Southeast 25th Avenue, Ocala, Florida. For more information, please contact the Marion County Stormwater Division at
(352)671-8686. Send comments to Mr. Patrick G. Howard, Marion County Administrator, 601 Southeast 25th Avenue, Ocala, Florida 34471. City of Ocala, Marion County, Florida Unnamed ponding areas +48 Unnamed ponding areas +133 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Maps available for inspection at the City of Ocala Engineering Department, 405 Southeast Osceola Avenue, Ocala, Florida. Send comments to The Honorable Randy Ewers, Mayor of the City of Ocala, P.O. Box 1270, Ocala, Florida 34478-1270. Special Considerations: The new and revised flood elevations affect over 4,000 unnamed ponding areas in Marion County and its incorporated areas. This proposed rule lists the range of new and/or revised elevations affecting the communities listed above. Because the specific changes are too numerous to list, residents and lessees of property in Marion County and its incorporated areas are strongly encouraged to review the FEMA Flood Insurance Rate Maps at the community offices or online at *http://www.marioncountyfl.org.* Source of flooding Location of referenced elevation #Depth in feet above ground. *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)Effective Modified Communities affected Bertie County, North Carolina and Incorporated Areas Brittons Creek At the confluence with Roanoke River None +31 Unincorporated Areas of Bertie County. Approximately 900 feet upstream of Black Jack Road (State Route 1135) None +48 Brittons Creek Tributary 1 At the confluence with Brittons Creek None +38 Unincorporated Areas of Bertie County. Approximately 1,900 feet upstream of the confluence with Brittons Creek None +53 Cashie River Approximately 4.0 miles upstream of NC-45 +8 +7 Unincorporated Areas of Bertie County, Town of Roxobel. Approximately 1,150 feet upstream of the confluence of Cashie River Tributary 5 None +79 Cashie River Tributary 1 Approximately 150 feet upstream of Peterson Lane None +9 Unincorporated Areas of Bertie County, Town of Windsor. Approximately 2.4 miles upstream of the confluence of Cashie River Tributary 1A None +34 Cashie River Tributary 1A At the confluence with Cashie River Tributary 1 None +9 Unincorporated Areas of Bertie County, Town of Windsor. Approximately 300 feet upstream of Clark Avenue None +19 Cashie River Tributary 3 At the confluence with Cashie River None +64 Unincorporated Areas of Bertie County. Approximately 0.4 mile upstream of the confluence with Cashie River None +68 Cashie River Tributary 5 At the confluence with Cashie River None +76 Unincorporated Areas of Bertie County. Approximately 150 feet downstream of Harrells Siding Road (State Route 1208) None +80 Cashie Swamp At the confluence with Cashie River None +58 Unincorporated Areas of Bertie County. Approximately 1,500 feet upstream of Floyd Hall Road (State Route 437) None +82 Cashie Swamp Tributary 1 At the confluence with Cashie Swamp None +61 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of the confluence of Cashie Swamp Tributary 1A None +74 Cashie Swamp Tributary 1A At the confluence with Cashie Swamp Tributary 1 None +66 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of Piney Wood Road None +74 Cashie Swamp Tributary 2 At the confluence with Cashie Swamp None +67 Unincorporated Areas of Bertie County, Town of Kelford. Approximately 400 feet upstream of Railroad Street None +86 Cashie Swamp Tributary 3 At the confluence with Cashie Swamp None +79 Unincorporated Areas of Bertie County, Town of Kelford. Approximately 1,950 feet upstream of North Main Street (State Highway 308) None +89 Cashoke Creek Approximately 50 feet upstream of State Highway 45 None +7 Unincorporated Areas of Bertie County. Approximately 1,000 feet downstream of Sans Souci Road (State Route 1500) None +22 Cashoke Creek Tributary 1 At the confluence with Cashoke Creek None +7 Unincorporated Areas of Bertie County. Approximately 550 feet upstream of Cooper Hill Road (State Highway 308) None +33 Chiska Creek At the confluence with Cashie River +14 +16 Unincorporated Areas of Bertie County. Approximately 1.2 miles upstream of Governors Road (State Highway 308) None +50 Coniott Creek At the confluence with Roanoke River None +20 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of Indian Woods Road (State Route 1108) None +40 Connarista Swamp At the confluence with Cashie River None +31 Unincorporated Areas of Bertie County. Approximately 0.6 mile upstream of Connarista Road (State Route 1200) None +63 Cucklemaker Creek At the confluence with Hoggards Mill Creek None +27 Unincorporated Areas of Bertie County. Approximately 1.8 miles upstream of Bull Hill Road (State Route 1301) None +37 Flag Run Gut At the confluence with Roanoke River None +30 Unincorporated Areas of Bertie County. Approximately 450 feet downstream of Governors Road None +73 Flat Swamp At the confluence with Hoggards Mill Creek None +27 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of Browns School Road (State Route 1348) None +55 Flat Swamp Tributary 1 At the confluence with Flat Swamp None +30 Unincorporated Areas of Bertie County. Approximately 50 feet downstream of Bakertown Road None +34 Flat Swamp Tributary 2 At the confluence with Flat Swamp None +31 Unincorporated Areas of Bertie County. Approximately 1.4 miles upstream of Jessie Mack Road (State Route 1351) None +55 Flat Swamp Tributary 3 At the confluence with Flat Swamp None +37 Unincorporated Areas of Bertie County. Approximately 1,500 feet upstream of Doc Baker Road (State Route 1350) None +52 Flat Swamp Tributary 4 At the confluence with Flat Swamp None +43 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of Browns School Road (State Route 1348) None +53 Hoggards Mill Creek At the confluence with Cashie River +11 +13 Unincorporated Areas of Bertie County. At the confluences of Cucklemaker Creek and Flat Swamp None +27 Indian Creek At the confluence with Roanoke River None +25 Unincorporated Areas of Bertie County, Town of Lewiston Woodville. At the confluence of Jacks Branch None +40 Indian Creek Tributary 1 At the confluence with Indian Creek None +40 Unincorporated Areas of Bertie County. Approximately 1.5 miles upstream of the confluence with Indian Creek None +44 Jacks Branch At the confluence with Indian Creek None +40 Unincorporated Areas of Bertie County, Town of Lewiston Woodville. Approximately 0.5 mile downstream of Jack Branch Road (State Route 1119) None +53 Mill Swamp At the confluence with Roquist Creek None +9 Unincorporated Areas of Bertie County. Approximately 0.9 mile upstream of George Leggett Road (State Route 1523) None +20 Redbud Branch At the confluence with Whiteoak Swamp None +35 Unincorporated Areas of Bertie County, Town of Askewville. Approximately 600 feet upstream of North Askewville Railroad Street None +58 Roanoke River Approximately 4.0 miles upstream of NC-45 +8 +7 Unincorporated Areas of Bertie County. Approximately 3.5 miles upstream of Burke/Northampton County boundary +36 +37 Roanoke River Tributary 1 At the confluence with Roanoke River None +9 Unincorporated Areas of Bertie County. Approximately 0.4 mile upstream of Morning Road (State Route 1519) None +21 Roanoke River Tributary 2 At the confluence with Roanoke River None +13 Unincorporated Areas of Bertie County. Approximately 150 feet downstream of Cedar Landing Road (State Route 1521) None +22 Roanoke River Tributary 3 At the confluence with Roanoke River None +13 Unincorporated Areas of Bertie County. Approximately 1.5 miles upstream of Gillam Road (State Route 1542) None +16 Roquist Creek At the confluence with Cashie River None +8 Unincorporated Areas of Bertie County. Approximately 1,000 feet upstream of the confluence of Roquist Creek Tributary 5 None +39 Roquist Creek Tributary 1 At the confluence with Roquist Creek None +27 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of the confluence with Roquist Creek None +33 Roquist Creek Tributary 2 At the confluence with Roquist Creek None +29 Unincorporated Areas of Bertie County. Approximately 0.9 mile upstream of the confluence with Roquist Creek None +35 Roquist Creek Tributary 3 At the confluence with Roquist Creek None +29 Unincorporated Areas of Bertie County. Approximately 1.6 miles upstream of the confluence with Roquist Creek None +36 Roquist Tributary 4 At the confluence with Roquist Creek None +37 Unincorporated Areas of Bertie County. Approximately 1.0 mile upstream of the confluence with Roquist Creek None +38 Roquist Tributary 5 At the confluence with Roquist Creek None +39 Unincorporated Areas of Bertie County. Approximately 0.9 mile upstream of Old King Farm Road (State Route 1116) None +48 Roquist Tributary 5A At the confluence with Roquist Creek Tributary 5 None +41 Unincorporated Areas of Bertie County. Approximately 600 feet downstream of Governors Road (State Highway 308) None +47 Sandy Run At the confluence with Roanoke River +36 +34 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of Governors Road (State Highway 308) None +60 Sandy Run Tributary 2 At the confluence with Sandy Run None +37 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of the confluence with Sandy Run None +58 Sandy Run Tributary 4 At the confluence with Sandy Run None +39 Unincorporated Areas of Bertie County. Approximately 0.5 mile upstream of the confluence with Sandy Run None +56 Sandy Run Tributary 5 At the confluence with Sandy Run None +43 Unincorporated Areas of Bertie County. Approximately 0.7 mile upstream of the confluence with Sandy Run None +56 Sandy Run Tributary 6 At the confluence with Sandy Run None +46 Unincorporated Areas of Bertie County. Approximately 1,850 feet upstream of Byrd Club Road None +58 Sutton Creek At the confluence with Wading Place Creek None +8 Unincorporated Areas of Bertie County. Approximately 1.2 miles upstream of State Highway 308 None +17 Wading Place Creek At the confluence with Cashie River None +8 Unincorporated Areas of Bertie County. Approximately 2.7 miles upstream of the confluence of Wading Place Creek Tributary 1 None +24 Wading Place Creek Tributary 1 At the confluence with Wading Place Creek None +10 Unincorporated Areas of Bertie County. Approximately 1.8 miles upstream of the confluence with Wading Place Creek None +31 Wahtom Swamp At the confluence with Cashie River None +48 Unincorporated Areas of Bertie County, Town of Askewville. Approximately 0.4 mile upstream of Harrells Siding Road (State Route 1208) None +69 Whiteoak Swamp At the confluence with Cashie River None +24 Unincorporated Areas of Bertie County, Town of Askewville. Approximately 500 feet upstream of Charles Taylor Road (State Route 1221) None +57 Whiteoak Swamp Tributary 1 At the confluence with Whiteoak Swamp None +26 Unincorporated Areas of Bertie County, Town of Askewville. Approximately 2,000 feet upstream of Pocosin Road (State Route 1343) None +33 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Bertie County Maps available for inspection at the Bertie County Building Inspection Department, 106 Dundee Street, Windsor, North Carolina. Send comments to Mr. Zee Lamb, Bertie County Manager, P.O. Box 530, Windsor, North Carolina 27983. Town of Askewville Maps available for inspection at the Bertie County Building Inspection Department, 106 Dundee Street, Windsor, North Carolina. Send comments to The Honorable Meredith White, Mayor of the Town of Askewville, 113 West Askewville Street, Windsor, North Carolina 27983. Town of Kelford Maps available for inspection at the Bertie County Building Inspection Department, 106 Dundee Street, Windsor, North Carolina. Send comments to The Honorable Wade Tim Emory, Mayor of the Town of Kelford, P.O. Box 99, Kelford, North Carolina 27847. Town of Lewiston Woodville Maps available for inspection at the Lewiston Woodville Town Hall, 103 West Church Street, Lewiston Woodville, North Carolina. Send comments to The Honorable Carl Lee, Mayor of the Town of Lewiston Woodville, P.O. Box 216, Lewiston Woodville, North Carolina 27849. *Town of Roxobel* Maps available for inspection at the Roxobel Town Hall, 204 South Main Street, Roxobel, North Carolina. Send comments to The Honorable Gary Johnson, Mayor of the Town of Roxobel, P.O. Box 37, Roxobel, North Carolina 27872. *Town of Windsor* Maps available for inspection at the Windsor Town Hall, 128 South King Street, Windsor, North Carolina. Send comments to The Honorable Robert Spivey, Mayor of the Town of Windsor, P.O. Box 508, Windsor, North Carolina 27938. Catawba County, North Carolina and Incorporated Areas Bakers Creek Tributary Approximately 400 feet upstream of the confluence with Bakers Creek None +891 Unincorporated Areas of Catawba County. Approximately 1.4 miles upstream of Swinging Bridge Road None +980 Bakers Creek Tributary 1 Approximately 300 feet upstream of the confluence with Bakers Creek None +891 Unincorporated Areas of Catawba County. Approximately 0.7 mile upstream of Stratford Drive None +1,040 Balls Creek Approximately 600 feet downstream of Kale Road (State Route 1832) None +762 Unincorporated Areas of Catawba County. Approximately 970 feet upstream of Little Mountain Road None +1,034 Barger Branch At the confluence with Henry Fork +860 +861 Unincorporated Areas of Catawba County, City of Hickory, Town of Brookford. Approximately 200 feet upstream of 8th Avenue Southeast None +1,064 Barger Branch Tributary 1 At the confluence with Barger Branch +988 +987 City of Hickory. Approximately 800 feet upstream of 8th Avenue Southeast None +1,083 Barger Branch Tributary 2 At the confluence with Barger Branch Tributary 1 +995 +991 City of Hickory. Approximately 1,040 feet upstream of the confluence with Barger Branch Tributary 1 None +1,033 Barger Branch Tributary 3 At the confluence with Barger Branch +1,010 +1,005 City of Hickory. Approximately 130 feet upstream of 8th Avenue Southeast +1,083 +1,082 Betts Branch At the confluence with Clarks Creek +808 +812 Unincorporated Areas of Catawba County. Approximately 1,900 feet upstream of the confluence with Clarks Creek +811 +812 Bills Branch At the confluence with Clarks Creek +810 +813 Unincorporated Areas of Catawba County, City of Newton. Approximately 830 feet upstream of U.S. 321 South None +844 Camp Creek Approximately 0.5 mile upstream of the confluence with Jacob Fork +914 +915 Unincorporated Areas of Catawba County. At the Burke/Catawba County boundary None +1,020 Camp Creek Approximately 0.4 mile above the confluence of Balls Creek None +762 Unincorporated Areas of Catawba County, City of Hickory. At the Burke/Caldlwell/Catawba County boundary None +936 Catawba River Approximately 0.4 mile above the confluence of Balls Creek None +762 Unincorporated Areas of Catawba County, City of Hickory. At the Burke/Caldwell/Catawba County boundary None +936 Catawba River Tributary 1 At the confluence with the Catwaba River None +936 Unincorporated Areas of Catawba County, City of Hickory. Approximately 1,100 feet upstream of 31st Avenue Northwest None +1,026 Clarks Creek Approximately 850 feet downstream of U.S. 321 None +790 Unincorporated Areas of Catawba County, City of Hickory, City of Newton, Town of Maiden. Approximately 2.5 miles upstream of I-40 None +1,049 Cline Creek At the confluence with Clark Creek +861 +864 Unincorporated Areas of Catawba County, City of Conover, City of Newton. Approximately 150 feet downstream of I-40 None +908 Cline Creek North At the confluence with Lyle Creek +870 +869 Unincorporated Areas of Catawba County. Approximately 2.0 miles upstream of the confluence with Cline Creek North Tributary 1 None +1,047 Cline Creek North Tributary 1 At the confluence with Cline Creek North +897 +896 Unincorporated Areas of Catawba County. Approximately 0.5 mile upstream of Rifle Range Road None +1,105 Cline Creek Tributary 1 At the confluence with Cline Creek None +886 City of Conover. Approximately 450 feet upstream of I-40 None +903 Cline Creek Tributary 2 At the confluence with Cline Creek None +898 City of Conover. Approximately 1,300 feet upstream of I-40 None +911 Conover Creek At the confluence with Lyle Creek +870 +868 Unincorporated Areas of Catawba County, City of Conover. Approximately 30 feet upstream of 5th Street Place Northeast +952 +953 Cow Branch At the confluence with Pott Creek None +861 Unincorporated Areas of Catawba County. Approximately 0.8 mile upstream of Grace Church Road (State Route 2030) None +910 Cripple Creek At the confluence with Frye Creek and Horseford Creek +993 +995 City of Hickory. Approximately 1,070 feet upstream of 4th Street Drive Northwest None −1,067 Cripple Creek Tributary 1 At the confluence with Cripple Creek +1,030 +1,029 City of Hickory. Approximately 1,900 feet upstream of the confluence with Cripple Creek None +1,055 Douglas Creek At the confluence with Jacob Fork None +1,011 Unincorporated Areas of Catawba County. Approximately 200 feet upstream of the Burke/Catawba County boundary None +1,048 Falling Creek At the confluence with Lake Hickory +939 +936 Unincorporated Areas of Catawba County, City of Hickory. Approximately 50 feet downstream of 14th Avenue Northeast None +1,093 Falling Creek Tributary 1 Approximately 400 feet upstream of the confluence with Falling Creek +1,014 +1,015 City of Hickory. Approximately 275 feet upstream of 12th Avenue Northeast None +1,088 Falling Creek Tributary 2 At the confluence with Falling Creek +1,058 +1,052 City of Hickory. Approximately 380 feet upstream of 12th Avenue Northeast None +1,095 Fitz Creek At the confluence with Cripple Creek +1,011 +1,013 City of Hickory. Approximately 30 feet upstream of the confluence with Cripple Creek +1,012 +1,013 Frye Creek At the confluence with Horseford Creek and Cripple Creek +993 +995 City of Hickory, Town of Long View. Approximately 50 feet downstream of 34th Street Northwest None +1,119 Geitner Branch At the confluence with Henry Fork +887 +890 City of Hickory. Approximately 1,900 feet upstream of 7th Avenue Southwest None +1,080 Geitner Branch Tributary 1 At the confluence with Geitner Branch +1,011 +1,019 City of Hickory. Approximately 1,250 feet upstream of the confluence with Geitner Branch None +1,043 Geitner Branch Tributary 2 At the confluence with Geitner Branch +984 +983 City of Hickory. Approximately 1,700 feet upstream of 7th Avenue Southwest +1,072 +1,074 Haas Creek At the confluence with Pott Creek None +814 Unincorporated Areas of Catawba County. Approximately 0.3 mile upstream of Bill and Beulah Lane None +910 Henry Fork Approximately 1,250 feet upstream of the confluence with Jacob Fork and South Fork Catawba River +822 +821 Unincorporated Areas of Catawba County, City of Hickory, City of Newton, Town of Brookford. At the Catawba/Burke County boundary +927 +930 Henry Fork Tributary 1 At the confluence with Henry Fork +849 +846 Unincorporated Areas of Catawba County, City of Hickory. Approximately 200 feet downstream of U.S. Route 70 +998 +999 Henry Fork Tributary 2 At the confluence with Henry Fork +886 +889 Town of Brookford, City of Hickory. Approximately 1,830 feet upstream of Brookford Boulevard +924 +921 Henry Fork Tributary 3 At the confluence with Henry Fork +822 +821 Unincorporated Areas of Catawba County. Approximately 0.4 mile upstream of Robinson Road None +855 Herman Branch Creek At the confluence with Lyle Creek +914 +913 Unincorporated Areas of Catawba County, City of Conover. Approximately 175 feet upstream of the confluence with Lyle Creek +915 +914 Hildenbran Creek At the confluence with Clarks Creek +837 +838 City of Newton. Approximately 150 feet upstream of A. C. Little Drive +952 +953 Holdsclaw Creek At the upstream side of Railroad None +798 Unincorporated Areas of Catawba County. Approximately 1,500 feet upstream of the confluence of Holdsclaw Creek Tributary 1 None +798 Holdsclaw Creek Tributary 1 At the confluence with Holdsclaw Creek None +798 Unincorporated Areas of Catawba County. Approximately 1,450 feet upstream of the confluence with Holdsclaw Creek None +803 Holly Branch Approximately 220 feet downstream of the confluence of Holly Branch Tributary 1 and Shady Branch None +821 Unincorporated Areas of Catawba County, Town of Maiden. At the confluence of Holly Branch Tributary 1 and Shady Branch None +824 Holly Branch Tributary 1 At the confluence with Holly Branch None +824 Unincorporated Areas of Catawba County, Town of Maiden. Approximately 200 feet upstream of South Main Avenue None +870 Hop Creek At the confluence with Jacob Fork +834 +835 Unincorporated Areas of Catawba County. Approximately 2.7 miles upstream of the confluence with Jacob Fork None +917 Horseford Creek At the confluence with the Catawba River None +936 City of Hickory. At the confluence with Frye Creek and Cripple Creek +993 +995 Howards Creek At the Catawba/Lincoln County boundary None +972 Unincorporated Areas of Catawba County. Approximately 500 feet upstream of the Catawba/Lincoln County boundary None +977 Indian Creek At the Catawba/Lincoln County boundary None +1,011 Unincorporated Areas of Catawba County. Approximately 550 feet upstream of the Catawba/Lincoln County boundary None +1,014 Jacob Fork Approximately 175 feet upstream of Providence Church Road (State Route 1116) None +915 Unincorporated Areas of Catawba County. At the Catawba/Burke County boundary None +1,057 Jacob Fork Tributary 1 At the confluence with Jacob Fork None +1,022 Unincorporated Areas of Catawba County. Approximately 1.3 miles upstream of Cooksville Road None +1,078 Lippard Creek At the Lincoln/Catawba County boundary None +869 Unincorporated Areas of Catawba County. Approximately 1,870 feet upstream of the Lincoln/Catawba County boundary None +876 Long Creek At the confluence with McLin Creek +861 +860 City of Conover, City of Claremont. Approximately 1,400 feet upstream of Railroad None +988 Long Shoal Creek Approximately 0.5 mile downstream of Sulphur Springs Road (State Route 1529) None +935 Unincorporated Areas of Catawba County, City of Hickory. Approximately 0.4 mile upstream of Pinecrest Drive Northeast None +1,037 Long View Creek At the confluence with Henry Fork +887 +891 Unincorporated Areas of Catawba County, City of Hickory, Town of Long View. Approximately 1,500 feet upstream of U.S. 70 Southwest +1,085 +1,081 Long View Creek Tributary 1 At the confluence with Long View Creek +987 +990 City of Hickory. Approximately 80 feet downstream of U.S. 70 +1,063 +1,061 Long View Creek Tributary 2 Approximately 140 feet upstream of the confluence with Long View Creek +1,039 +1,038 City of Hickory, Town of Long View. Approximately 1,460 feet upstream of the confluence with Long View Creek +1,057 +1,053 Lyle Creek At the confluence with the Catawba River +772 +773 Unincorporated Areas of Catawba County, City of Hickory, Town of Catawba. Approximately 550 feet upstream of 18th Avenue Northeast None +1,116 Lyle Creek Tributary At the Shock Road (State Route 1711) +832 +831 Unincorporated Areas of Catawba County. Approximately 2,000 feet upstream of Community Road None +892 Lyle Creek Tributary 1 Approximately 1,600 feet upstream of the confluence with Lyle Creek +819 +820 Unincorporated Areas of Catawba County. Approximately 1.0 mile upstream of Crossing Creek Drive None +931 Maiden Creek Approximately 1.3 miles upstream of Providence Mill Road None +864 Unincorporated Areas of Catawba County. Approximately 80 feet downstream of North Olivers Cross Road None +905 McLin Creek Approximately 500 feet upstream of East 20th Street None +940 City of Conover. Approximately 0.4 mile upstream of the confluence of Tributary of McLin Creek None +970 McLin Creek Tributary 1 Approximately 750 feet upstream of the confluence with McLin Creek None +857 Unincorporated Areas of Catawba County, City of Claremont Approximately 1,250 feet upstream of Frazier Drive None +936 Miller Branch At the downstream side of 12th Avenue Southeast +897 +894 Unincorporated Areas of Catawba County, City of Hickory. Approximately 1.9 miles upstream of the confluence with Clarks Creek None +982 Mountain Creek At the upstream side of Slanting Bridge Road None +760 Unincorporated Areas of Catawba County. Approximately 1.6 miles upstream of the confluence of Mountain Creek Tributary 3 None +776 Mountain Creek Tributary 2 At the confluence with Mountain Creek None +760 Unincorporated Areas of Catawba County. Approximately 1.6 miles upstream of the confluence with Mountain Creek None +803 Mountain Creek Tributary 2A At the confluence with Mountain Creek Tributary 2 None +760 Unincorporated Areas of Catawba County. Approximately 1.4 miles upstream of the confluence with Mountain Creek Tributary 2 None +763 Mountain Creek Tributary 3 At the confluence with Mountain Creek None +760 Unincorporated Areas of Catawba County. Approximately 1.0 mile upstream of the confluence with Mountain Creek None +778 Mountain Creek Tributary 3A At the confluence with Mountain Creek Tributary 3 None +767 Unincorporated Areas of Catawba County. Approximately 0.5 mile upstream of the confluence with Mountain Creek Tributary 3 None +804 Muddy Creek Approximately 1,900 feet upstream of the confluence with Henry Fork None +835 Unincorporated Areas of Catawba County. At the confluence of Muddy Creek Tributaries 2 and 3 None +838 Muddy Creek Tributary 1 At the confluence with Muddy Creek None +837 Unincorporated Areas of Catawba County. Approximately 0.7 mile upstream of Robinwood Road None +873 Muddy Creek Tributary 2 At the confluence with Muddy Creek None +838 Unincorporated Areas of Catawba County. Approximately 0.6 mile upstream of Robinwood Road None +863 Muddy Creek Tributary 3 At the confluence with Muddy Creek None +838 Unincorporated Areas of Catawba County, City of Hickory. Approximately 1.3 miles upstream of the confluence with Muddy Creek None +872 Mull Creek Approximately 1,000 feet upstream of the confluence with Lyle Creek +820 +819 Unincorporated Areas of Catawba County, City of Conover. Approximately 500 feet upstream of 9th Avenue Northeast None +1,002 Mundy Creek At the confluence with Reed Creek None +760 Unincorporated Areas of Catawba County. Approximately 500 feet upstream of Lineberger Road None +776 Mundy Creek Tributary 1 At the confluence with Mundy Creek None +760 Unincorporated Areas of Catawba County. Approximately 1,400 feet upstream of Grassy Creek Road None +781 Naked Creek Approximately 2,000 feet downstream of the St. Peters Church Road (State Route 1453) None +936 Unincorporated Areas of Catawba County. Approximately 0.5 mile upstream of Timber Ridge Road +1,009 +1,015 Pinch Gut Creek Approximately 120 feet upstream of St. James Church Road None +851 Unincorporated Areas of Catawba County, Town of Maiden. Approximately 0.9 mile upstream of St. James Church Road None +883 Pinch Gut Creek Tributary 1 At the confluence with Pinch Gut Creek None +852 Unincorporated Areas of Catawba County. Approximately 0.5 mile upstream of the confluence with Pinch Gut Creek None +886 Pott Creek Approximately 1,200 feet downstream of the confluence of Rhodes Mill Creek None +801 Unincorporated Areas of Catawba County. Approximately 1.9 miles upstream of Plateau Road (State Route 2036) None +928 Propst Creek Approximately 0.4 mile downstream of Snipe Road (State Route 1492) +989 +988 Unincorporated Areas of Catawba County, City of Hickory. Approximately 75 feet downstream of Snipe Road (State Route 1492) +1,006 +1,005 Reed Creek At the confluence with Mountain Creek None +760 Unincorporated Areas of Catawba County. Approximately 1.1 miles upstream of Mount Pleasant Road None +790 Rhodes Mill Creek At the confluence with Pott Creek None +802 Unincorporated Areas of Catawba County. Approximately 1,100 feet upstream of Leatherman Road (State Route 2025) None +855 Rhodes Mill Creek Tributary 1 At the confluence with Rhodes Mill Creek None +815 Unincorporated Areas of Catawba County. Approximately 0.4 mile upstream of the confluence with Rhodes Mill Creek None +825 Shady Branch At the confluence with Holly Branch and Holly Branch Tributary 1 None +824 Unincorporated Areas of Catawba County, Town of Maiden. Approximately 500 feet upstream of South 11th Avenue None +959 Shady Branch Tributary 1 At the confluence with Sandy Branch None +872 Unincorporated Areas of Catawba County, Town of Maiden. Approximately 1,800 feet upstream of South 8th Avenue None +927 Smyre Creek At the confluence with Clarks Creek None +831 Unincorporated Areas of Catawba County, City of Newton. Approximately 50 feet downstream of NC-16 +833 +875 Smyre Creek Tributary 1 At the confluence with Smyre Creek None +868 Unincorporated Areas of Catawba County, City of Newton. Approximately 1,500 feet upstream of the confluence with Smyre Creek None +877 Snow Creek At the confluence with the Catawba River None +935 Unincorporated Areas of Catawba County, City of Hickory. Approximately 1,040 feet upstream of 15th Avenue Northeast None +1,097 Snow Hill Branch At the downstream side of State Route 16/East D Street +870 +868 City of Newton. Approximately 1,100 feet upstream of East 11th Street None +944 South Fork Catawba River At the Catawba/Lincoln County boundary None +793 Unincorporated Areas of Catawba County, City of Newton. Approximately 125 feet downstream of NC-10 None +816 South Fork Catawba River Tributary 6 At the confluence with South Fork Catawba River None +794 Unincorporated Areas of Catawba County. Approximately 530 feet upstream of Herter Road (State Route 2022) None +800 South Fork Catawba River Tributary 7 At the confluence with South Fork Catawba River None +800 Unincorporated Areas of Catawba County. Approximately 0.9 mile upstream of the confluence with South Fork Catawba River None +811 South Fork Catawba River Tributary 8 At the confluence with South Fork Catawba River None +802 Unincorporated Areas of Catawba County. Approximately 0.7 mile upstream of Wilfong Road None +829 South Fork Catawba Tributary 9 At the confluence with South Fork Catawba River None +806 Unincorporated Areas of Catawba County. Approximately 1.1 miles upstream of US-321 None +822 South Fork Catawba Tributary 9A At the confluence with South Fork Catawba River Tributary 9 None +806 Unincorporated Areas of Catawba County. Approximately 1,500 feet upstream of the confluence with South Fork Catawba River Tributary 9 None +806 Terrapin Creek Approximately 500 feet upstream of Mollys Backbone Road +761 +762 Unincorporated Areas of Catawba County. Approximately 1.2 miles upstream of the confluence of Terrapin Creek Tributary 1 None +792 Terrapin Creek Tributary 1 At the confluence with Terrapin Creek +761 +766 Unincorporated Areas of Catawba County. Approximately 1.0 mile upstream of the confluence with Terrapin Creek None +790 Town Branch At the confluence with the Catawba River +772 +773 Unincorporated Areas of Catawba County, Town of Catawba. Approximately 0.5 mile upstream of 2nd Street Southwest None +894 Town Creek Approximately 1,400 feet upstream of St. James Church Road None +871 Unincorporated Areas of Catawba County, City of Newton. Approximately 0.8 mile upstream of State Route 10 None +943 Tributary to Lyle Creek Tributary At the confluence with Lyle Creek Tributary None +875 Unincorporated Areas of Catawba County. Approximately 0.7 mile upstream of the confluence with Lyle Creek Tributary None +921 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Brookford Maps available for inspection at the Brookford Town Hall, 1700 South Center Street, Brookford, North Carolina. Send comments to The Honorable Thomas Schronce, Mayor of the Town of Brookford, 1700 South Center Street, Brookford, North Carolina 28602. Town of Catawba Maps available for inspection at the Catawba Town Hall, 102 1st Street Northwest, Catawba, North Carolina. Send comments to The Honorable Thomas Jones, Mayor of the Town of Catawba, P.O. Box 70, Catawba, North Carolina 28609. City of Claremont Maps available for inspection at the City of Claremont Planning Department, 3288 East Main Street, Claremont, North Carolina. Send comments to The Honorable Glenn A. Morrison, Mayor of the City of Claremont, 3288 East Main Street, Claremont, North Carolina 28610. City of Conover Maps available for inspection at the Conover City Hall, 101 First Street East, Conover, North Carolina. Send comments to The Honorable Bruce Eckard, Mayor of the City of Conover, P.O. Box 549, Conover, North Carolina 28613. City of Hickory Maps available for inspection at the Hickory City Hall, 76 North Center Street, Hickory, North Carolina. Send comments to The Honorable G. Rudy Wright, Jr., Mayor of the City of Hickory, P.O. Box 398, Hickory, North Carolina 28603. City of Newton Maps available for inspection at the City of Newton Planning Department, 401 North Main Avenue, Newton, North Carolina. Send comments to The Honorable Robert Mullinax, Mayor of the City of Newton, P.O. Box 550, Newton, North Carolina 28658. Town of Long View Maps available for inspection at the Long View Town Hall, 2404 1st Avenue Southwest, Hickory, North Carolina. Send comments to The Honorable Norman Cook, Mayor of the Town of Long View, 2404 1st Avenue Southwest, Hickory, North Carolina 28602. Town of Maiden Maps are available for inspection at the Maiden Town Hall, 113 West Main Street, Maiden, North Carolina. Send comments to The Honorable Robert Smyre, Mayor of the Town of Maiden, P.O. Box 125, Maiden, North Carolina 28650. Unincorporated Areas of Catawba County Maps available for inspection at the Catawba County Planning and Zoning Department, 100 A Southwest Boulevard, Newton, North Carolina. Send comments to Mr. Tom Lundy, Catawba County Manager, P.O. Box 389, Catawba, North Carolina 28658. McDowell County, North Carolina and Incorporated Areas Alexander Branch At the confluence with South Muddy Creek None +1,137 Unincorporated Areas of McDowell County. Approximately 0.8 mile upstream of the confluence with South Muddy Creek None +1,174 Armstrong Creek At the confluence with North Fork Catawba River +1,383 +1,382 Unincorporated Areas of McDowell County. At the confluence of House Branch None +1,959 Bakers Creek At the confluence with Second Broad River None +1,026 Unincorporated Areas of McDowell County. Approximately 1.3 miles upstream of the Railroad None +1,153 Beaverdam Branch At the confluence with Second Broad River None +1,270 Unincorporated Areas of McDowell County. Approximately 0.5 mile upstream of State Route 1148 None +1,311 Betsy Creek At the confluence with Tom Creek None +1,442 Unincorporated Areas of McDowell County. Approximately 300 feet upstream of State Route 1434 None +1,461 Big Camp Creek At the confluence with North Muddy Creek None +1,134 Unincorporated Areas of McDowell County. Approximately 370 feet downstream of Interstate 40 None +1,197 Bobs Creek At the confluence with North Muddy Creek None +1,206 Unincorporated Areas of McDowell County. Approximately 1,050 feet upstream of State Route 1796 None +1,219 Boney Creek At the confluence with Cove Creek None +1,137 Unincorporated Areas of McDowell County. Approximately 0.5 mile upstream of State Route 1143 None +1,170 Bradley Creek At the confluence with Loom Branch None +1,420 Unincorporated Areas of McDowell County. Approximately 850 feet upstream of State Route 1133 None +1,488 Brevard Creek At the confluence with Catawba River +1,341 +1,342 Unincorporated Areas of McDowell County. Approximately 1.4 miles upstream of State Route 1241 None +1,472 Buck Creek At the confluence with Catawba River +1,242 +1,246 Unincorporated Areas of McDowell County. Approximately 0.5 mile upstream of Sugar Cove Road None +1,883 Caleb Branch At the confluence with North Muddy Creek None +1,163 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of State Route 1760 None +1,224 Camp Creek At the confluence with Crooked Creek None +1,441 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of State Route 1131 None +1,535 Cane Creek (near Dysartsville) At the McDowell/Rutherford County boundary None +975 Unincorporated Areas of McDowell County. Approximately 0.4 mile upstream of the confluence of Shoal Creek None +1,044 Cane Creek (near Greenlee) Approximately 500 feet upstream of the confluence with Catawba River +1,291 +1,292 Unincorporated Areas of McDowell County. Approximately 250 feet upstream of U.S. Highway 70 None +1,454 Cane Creek Tributary 1 (near Dysartsville) At the confluence with Cane Creek (near Dysartsville) None +1,037 Unincorporated Areas of McDowell County. Approximately 1,680 feet upstream of the confluence with Cane Creek (near Dysartsville) None +1,064 Cane Creek Tributary 1 (near Greenlee) At the confluence with Cane Creek (near Greenlee) None +1,332 Unincorporated Areas of McDowell County. Approximately 1,600 feet upstream of State Route 1230 None +1,359 Cane Creek Tributary 2 (near Greenlee) At the confluence with Cane Creek (near Greenlee) None +1,418 Unincorporated Areas of McDowell County. Approximately 0.3 mile upstream of the confluence with Cane Creek (near Greenlee) None +1,458 Catawba River At the Burke/McDowell County boundary None +1,206 Unincorporated Areas of McDowell County, City of Marion, Town of Old Fort. Approximately 1.6 miles upstream of the confluence of Left Prong Catawba River None +1,832 Catawba River Tributary 3 At the confluence with Catawba River +1,266 +1,269 Unincorporated Areas of McDowell County. Approximately 0.4 mile upstream of the confluence with Catawba River None +1,281 Clarks Branch At the confluence with Little Crooked Creek None +1,476 Unincorporated Areas of McDowell County. Approximately 0.4 mile upstream of State Route 1106 None +1,504 Clear Creek At the confluence with Catawba River +1,263 +1,267 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of the confluence with Catawba River None +1,285 Conley Branch At the confluence with North Fork Catawba River +1,408 +1,402 Unincorporated Areas of McDowell County. Approximately 1,850 feet upstream of the confluence with Conley Branch Tributary 1 None +1,441 Conley Branch Tributary 1 At the confluence with Conley Branch None +1,419 Unincorporated Areas of McDowell County. Approximately 0.4 mile upstream of the confluence with Conley Branch None +1,443 Cove Creek Approximately 400 feet downstream of McDowell/Rutherford County boundary None +1,128 Unincorporated Areas of McDowell County. At the confluences of West Fork Cove Creek and Morgan Creek (near Sugar Hill) None +1,196 Cox Creek At the confluence with Armstrong Creek +1,422 +1,418 Unincorporated Areas of McDowell County. Approximately 250 feet upstream of the confluence of Rag Creek None +1,528 Crooked Creek At the confluence with Catawba River +1,322 +1,321 Unincorporated Areas of McDowell County. Approximately 620 feet upstream of State Route 1100 None +1,845 Curtis Creek At the confluence with Catawba River +1,374 +1,375 Unincorporated Areas of McDowell County, Town of Old Fort. Approximately 1,850 feet upstream of the confluence of Hickory Branch None +1,926 Dales Creek At the confluence with Catawba River/Lake James None +1,206 Unincorporated Areas of McDowell County. Approximately 1.0 mile upstream of State Route 1552 None +1,386 Frasheur Creek At the McDowell/Rutherford County boundary None +1,152 Unincorporated Areas of McDowell County. Approximately 0.7 mile upstream of State Route 1140 None +1,223 Glades Creek At the confluence with Catawba River +1,298 +1,300 Unincorporated Areas of McDowell County. Approximately 400 feet upstream of State Route 1161 None +1,450 Goose Creek At the confluence with North Muddy Creek None +1,227 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of State Route 147 None +1,306 Greasy Creek Approximately 400 feet downstream of County boundary None +1,148 Unincorporated Areas of McDowell County. Approximately 0.5 mile upstream of State Route 1142 None +1,198 Harris Creek (near Sugar Hill) At the confluence with Cove Creek None +1,132 Unincorporated Areas of McDowell County. Approximately 1,400 feet upstream of State Route 1140 None +1,168 Harris Creek (near Woodlawn) At the confluence with Tom Creek None +1,606 Unincorporated Areas of McDowell County. Approximately 850 feet upstream of the confluence with Tom Creek None +1,636 Haw Branch At the confluence with Crooked Creek None +1,379 Unincorporated Areas of McDowell County. Approximately 1,600 feet upstream of State Route 1135 None +1,432 Hicks Branch At the confluence with North Muddy Creek None +1,254 Unincorporated Areas of McDowell County. Approximately 1,800 feet upstream of State Route 1168 None +1,322 High Shoals Creek At the confluence with South Muddy Creek None +1,218 Unincorporated Areas of McDowell County. Approximately 200 feet upstream of the confluence of Barnes Branch None +1,225 Honeycutt Creek At the confluence with North Fork Catawba River +1,489 +1,487 Unincorporated Areas of McDowell County. Approximately 340 feet downstream of the Railroad None +1,854 Hoppers Creek At the confluence with South Muddy Creek None +1,118 Unincorporated Areas of McDowell County. Approximately 1.7 miles upstream of State Highway 226 None +1,201 Jackson Creek At the confluence with Lytle Creek None +1,492 Unincorporated Areas of McDowell County. Approximately 0.4 mile upstream of the confluence with Lytle Creek None +1,534 Jake Creek At the upstream side of the Railroad +1,275 +1,283 Unincorporated Areas of McDowell County. Approximately 0.5 mile upstream of State Route 1247 None +1,346 Jarrett Creek At the confluence with Mill Creek +1,472 +1,474 Unincorporated Areas of McDowell County. Approximately 2.6 miles upstream of the confluence with Mill Creek None +1,791 Johns Creek At the confluence with Catawba River +1,212 +1,214 Unincorporated Areas of McDowell County. Approximately 1,600 feet upstream of State Route 1501 None +1,228 Katy Creek At the confluence with South Muddy Creek None +1,150 Unincorporated Areas of McDowell County. Approximately 1,100 feet upstream of State Route 1798 None +1,252 Left Prong Catawba River At the confluence with Catawba River +1,524 +1,527 Unincorporated Areas of McDowell County. Approximately 2.0 miles upstream of the confluence with Catawba River None +1,739 Licklog Creek At the confluence with Buck Creek None +1,777 Unincorporated Areas of McDowell County. Approximately 1.3 miles upstream of the confluence with Buck Creek None +2,064 Little Buck Creek At the confluence with Buck Creek/Lake Tahoma None +1,407 Unincorporated Areas of McDowell County. Approximately 200 feet downstream of the confluence of Long Branch None +1,512 Little Crooked Creek At the confluence with Crooked Creek None +1,450 Unincorporated Areas of McDowell County. Approximately 100 feet downstream of State Route 1106 None +1,536 Little Crooked Creek Tributary 1 At the confluence with Little Crooked Creek None +1,461 Unincorporated Areas of McDowell County. Approximately 1,470 feet upstream of the confluence with Little Crooked Creek None +1,469 Little Toe River At the confluence with Crooked Creek None +1,388 Unincorporated Areas of McDowell County. Approximately 25 feet upstream of State Route 1240 None +1,478 Lonan Branch At the confluence with Pepper Creek None +1,536 Unincorporated Areas of McDowell County. Approximately 1,500 feet upstream of the confluence with Pepper Creek None +1,581 Long Branch At the confluence with Mill Creek None +1,816 Unincorporated Areas of McDowell County. Approximately 0.4 mile upstream of the Railroad None +1,953 Loom Creek At the confluence with Crooked Creek None +1,415 Unincorporated Areas of McDowell County. Approximately 0.8 mile upstream of the confluence of Bradley Creek None +1,488 Lytle Branch At the confluence with Crooked Creek None +1,487 Unincorporated Areas of McDowell County. Approximately 1,100 feet upstream of State Route 1103 None +1,525 Mackey Creek At the confluence with the Catawba River None +1,284 Unincorporated Areas of McDowell County. Approximately 2.8 miles upstream of U.S. Highway 70 None +1,721 Magazine Branch At the confluence with Hoppers Creek None +1,145 Unincorporated Areas of McDowell County. Approximately 200 feet downstream of State Route 1771 None +1,162 Martin Branch At the confluence with North Fork Catawba River +1,439 +1,435 Unincorporated Areas of McDowell County. Approximately 350 feet upstream of State Route 1564 None +1,469 Mill Creek Approximately 200 feet upstream of the confluence with Catawba River +1,409 +1,410 Unincorporated Areas of McDowell County, Town of Old Fort. Approximately 300 feet downstream of State Route 1408 None +1,874 Mollys Branch At the confluence with Hoppers Creek None +1,129 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of State Route 1769 None +1,170 Morgan Creek (near Ledbetter Mountain) At the confluence with Cove Creek None +1,173 Unincorporated Areas of McDowell County. Approximately 1,270 feet upstream of the confluence with Cove Creek None +1,180 Morgan Creek (near Sugar Hill) At the confluence with Cove Creek and West Fork Cove Creek None +1,196 Unincorporated Areas of McDowell County. Approximately 0.8 mile upstream of the confluence with Cove Creek and West Fork Cove Creek None +1,217 Muddy Creek At the Burke/McDowell County boundary None +1,087 Unincorporated Areas of McDowell County. At the confluences of North Muddy Creek and South Muddy Creek None +1,089 Newberry Creek At the confluence with Curtis Creek None +1,670 Unincorporated Areas of McDowell County. Approximately 1.3 miles upstream of the confluence with Curtis Creek None +1,923 Nicks Creek At the confluence with Catawba River +1,239 +1,240 Unincorporated Areas of McDowell County, City of Marion. Approximately 0.5 mile upstream of State Route 1250 None +1,447 North Fork Catawba River At the confluence with Catawba River/Lake James None +1,206 Unincorporated Areas of McDowell County. Approximately 1.9 miles upstream of State Route 1571 None +2,506 North Muddy Creek At the confluence with Muddy Creek and South Muddy Creek None +1,089 Unincorporated Areas of McDowell County. Approximately 1.1 miles upstream of the confluence of North Muddy Creek Tributary 2 None +1,326 North Muddy Creek Tributary 2 At the confluence with North Muddy Creek None +1,297 Unincorporated Areas of McDowell County. Approximately 1.0 mile upstream of State Route 1168 None +1,327 North Muddy Creek Tributary No. 1 At the confluence with North Muddy Creek None +1,094 Unincorporated Areas of McDowell County. Approximately 1,000 feet upstream of State Route 1763 None +1,132 Old Catawba River At the confluence of Shadrick Creek None +1,091 Unincorporated Areas of McDowell County. Approximately 200 feet upstream of the confluence of Shadrick Creek None +1,091 Patten Branch At the confluence with South Muddy Creek None +1,101 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of State Route 1763 None +1,142 Pepper Creek At the confluence with North Fork Catawba River +1,499 +1,446 Unincorporated Areas of McDowell County. Approximately 0.6 mile upstream of State Route 1566 None +1,674 Rock Creek At the confluence with Second Broad River None +1,290 Unincorporated Areas of McDowell County. At the downstream of State Route 1145 None +1,365 Second Broad River At the McDowell/Rutherford County boundary None +990 Unincorporated Areas of McDowell County. Approximately 0.8 mile upstream of State Route 1001 None +1,369 Shadrick Creek At the confluence with Old Catawba River None +1,091 Unincorporated Areas of McDowell County. Approximately 2.1 miles upstream of the Railroad None +1,194 Shoal Creek At the confluence with Cane Creek (near Dysartsville) None +1,028 Unincorporated Areas of McDowell County. Approximately 1.2 miles upstream of State Route 1775 None +1,345 South Fork Tom Creek At the confluence with Tom Creek None +1,457 Unincorporated Areas of McDowell County. Approximately 0.3 mile upstream of the confluence with Tom Creek None +1,489 South Muddy Creek At the confluence with Muddy Creek and North Muddy Creek None +1,089 Unincorporated Areas of McDowell County. Approximately 0.7 mile upstream of State Route 1780 None +1,331 South Muddy Creek Tributary 1 At the confluence with South Muddy Creek None +1,107 Unincorporated Areas of McDowell County. At the Burke/McDowell County boundary None +1,124 South Muddy Creek Tributary 2 At the confluence with South Muddy Creek None +1,123 Unincorporated Areas of McDowell County. Approximately 600 feet upstream of State Route 1767 None +1,143 Stanfords Creek At the confluence with Goose Creek None +1,239 Unincorporated Areas of McDowell County. Approximately 2.1 miles upstream of the confluence with Goose Creek None +1,346 Swannanoa Creek At the confluence with Mill Creek None +1,603 Unincorporated Areas of McDowell County. Approximately 0.7 mile upstream of the confluence with Mill Creek None +1,702 Thompsons Fork At the confluence with North Muddy Creek None +1,101 Unincorporated Areas of McDowell County. Approximately 200 feet downstream of State Route 1747 None +1,181 Tom Creek At the confluence with Catawba River +1,227 +1,229 Unincorporated Areas of McDowell County. Approximately 280 feet upstream of State Route 1440 None +1,637 Tom Creek Tributary 1 At the confluence with Tom Creek None +1,418 Unincorporated Areas of McDowell County. Approximately 1,300 feet upstream of State Route 1433 None +1,488 Walton Crowley Branch At the confluence with North Muddy Creek None +1,119 Unincorporated Areas of McDowell County. Approximately 1,230 feet upstream of State Route 1760 None +1,139 West Fork Cove Creek At the confluence with Cove Creek and Morgan Creek (near Sugar Hill) None +1,196 Unincorporated Areas of McDowell County. Approximately 1.3 miles upstream of State Route 1001 None +1,259 Youngs Fork At the confluence with North Muddy Creek None +1,205 Unincorporated Areas of McDowell County, City of Marion. Approximately 125 feet downstream of Glenview Street None +1,327 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Marion Maps available for inspection at the Marion City Hall, 194 North Main Street, Marion, North Carolina. Send comments to The Honorable Averett Clark, Mayor of the City of Marion, P.O. Box 700, Marion, North Carolina 28752. Town of Old Fort Maps available for inspection at the Old Fort Town Hall, 38 South Catawba Avenue, Old Fort, North Carolina. Send comments to The Honorable Garland Norton, Mayor of the Town of Old Fort, P.O. Box 520, Old Fort, North Carolina 28762. Unincorporated Areas of McDowell County Maps available for inspection at the McDowell County Administration Building, 60 East Court Street, Marion, North Carolina. Send comments to Mr. Charles Abernathy, McDowell County Manager, 60 East Court Street, Marion, North Carolina 28752. Northampton County, North Carolina and Incorporated Areas Black Duck Creek At the confluence with Lees Creek None +66 Unincorporated Areas of Northampton County, Town of Gaston. Approximately 0.7 mile upstream of Cal Floyd Road (State Route 1210) None +193 Bridges Creek Tributary 2 At the confluence with Bridges Creek +40 +42 Unincorporated Areas of Northampton County. Approximately 250 feet downstream of Chapel Hill Road None +60 Chockoyotte Creek At the confluence with Roanoke River +55 +57 Unincorporated Areas of Northampton County. At the confluence with Roanoke River (the Northampton/Halifax County boundary) +56 +59 Devils Branch At the confluence with Roanoke River +134 +135 Unincorporated Areas of Northampton County. Approximately 3.1 miles upstream of the confluence with Roanoke River None +196 Gumberry Swamp At the downstream side of Barrows Mill Road (State Route 1126) None +47 Unincorporated Areas of Northampton County. Approximately 300 feet upstream of railroad None +124 Lees Creek At the confluence with Roanoke River None +66 Unincorporated Areas of Northampton County, Town of Gaston. Approximately 450 feet downstream of Graysburg Road None +85 Lees Creek Tributary 1 At the confluence with Lees Creek None +69 Unincorporated Areas of Northampton County, Town of Gaston. Approximately 250 feet downstream of Graysburg Road None +136 Lilly Pond Creek Approximately 1.1 miles upstream of the confluence with Gumberry Swamp None +47 Unincorporated Areas of Northampton County, Town of Jackson. Approximately 1,500 feet upstream of Depot Street None +92 Occoneechee Creek Approximately 4.5 miles upstream of the confluence with Roanoke River None +47 Unincorporated Areas of Northampton County. Approximately 1.1 miles upstream of Jackson By-Pass Road (State Route 1311) None +109 Occoneechee Creek Tributary 1 At the confluence with Occoneechee Creek None +50 Unincorporated Areas of Northampton County. Approximately 0.9 mile downstream of the confluence with Occoneechee Creek None +51 Occoneechee Creek Tributary 2 At the confluence with Occoneechee Creek None +81 Unincorporated Areas of Northampton County. Approximately 2.7 miles upstream of the confluence with Occoneechee Creek None +97 Roanoke River At the Northampton/Bertie/Halifax County boundary +35 +34 Unincorporated Areas of Northampton County, Town of Gaston. At the Northampton/Warren County boundary +204 +203 Roanoke River Tributary 12 At the confluence with Roanoke River +134 +133 Unincorporated Areas of Northampton County. Approximately 0.5 mile upstream of NC-46 None +196 Roanoke River Tributary 12A At the confluence with Roanoke River Tributary 12 None +150 Unincorporated Areas of Northampton County. Approximately 0.4 mile upstream of Dr. Hall Road (State Route 1218) None +184 Roanoke River Tributary 14 At the confluence with Roanoke River +134 +133 Unincorporated Areas of Northampton County. Approximately 50 feet downstream of NC-46 None +185 Roanoke River Tributary 14A At the confluence with Roanoke River Tributary 14 None +164 Unincorporated Areas of Northampton County. Approximately 0.8 mile upstream of NC-46 None +233 Roanoke River Tributary 7 Approximately 1,500 feet upstream of the confluence with Roanoke River None +45 Unincorporated Areas of Northampton County. Approximately 1.7 mile upstream of the confluence with Roanoke River None +70 Roanoke River Tributary 8 At the confluence with Roanoke River +45 +46 Unincorporated Areas of Northampton County. Approximately 1.2 miles upstream of the confluence with Roanoke River None +69 Sandy River Tributary 3 At the confluence with Sandy Run None +37 Unincorporated Areas of Northampton County. Approximately 0.5 mile upstream of the confluence with Sandy Run None +46 Sandy Run At the confluence with Roanoke River +35 +34 Unincorporated Areas of Northampton County. Approximately 0.6 mile upstream of State Highway 308 None +60 Sandy Run Tributary 1 At the confluence with Sandy Run None +37 Unincorporated Areas of Northampton County. Approximately 0.7 mile upstream of the confluence with Sandy Run None +60 Trouble Field Creek At the confluence with Roanoke River +53 +55 Unincorporated Areas of Northampton County. Approximately 1.8 miles upstream of the confluence with Roanoke River None +61 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Gaston Maps available for inspection at the Gaston Town Hall, 223 Craig Street, Gaston, North Carolina. Send comments to The Honorable Danny Tolbert, Mayor of the Town of Gaston, P.O. Drawer M, Gaston, North Carolina 27832. Town of Jackson Maps available for inspection at the Jackson Town Hall, 100 East Jefferson Street, Jackson, North Carolina. Send comments to The Honorable John McKellar, Mayor of the Town of Jackson, P.O. Box 614, Jackson, North Carolina 27845 Unincorporated Areas of Northampton County Maps available for inspection at the Northampton County Office, 108 West Jefferson Street, Jackson, North Carolina. Send comments to Mr. Wayne Jenkins, Northampton County Manager, P.O. Box 808, Jackson, North Carolina 27845. Person County, North Carolina and Incorporated Areas Big Blue Wing Creek Approximately 1,300 feet downstream of High View Church Road (State Route 1509) None +403 Unincorporated Areas of Person County. Approximately 0.7 mile upstream of Tatum Road (State Route 1511) None +506 Big Blue Wing Tributary 1 Approximately 2,000 feet downstream of Wind Dancer Lane None +399 Unincorporated Areas of Person County. Approximately 0.4 mile upstream of Epps-Martin Road (State Route 1506) None +450 Bowes Branch At the Virginia/North Carolina State boundary None +361 Unincorporated Areas of Person County. Approximately 1,440 feet upstream of Virginia/North Carolina State boundary None +368 Bredlov Creek At the confluence with Big Blue Wing Creek None +407 Unincorporated Areas of Person County. Approximately 1,400 feet upstream of the confluence with Big Blue Wing Creek None +413 Broachs Mill Creek At the confluence with South Hyco Creek None +433 Unincorporated Areas of Person County. Approximately 0.9 mile upstream of Hester's Store Road (State Route 1162) None +515 Castle Creek At the confluence with Hyco River None +360 Unincorporated Areas of Person County. Approximately 790 feet downstream of Shiloh Church Road (State Route 1322) None +394 Cattail Branch At the confluence with Big Blue Wing Creek None +428 Unincorporated Areas of Person County. Approximately 1,750 feet upstream of the confluence with Big Blue Wing Creek None +437 Cobbs Creek Approximately 0.8 mile upstream of the confluence with Hyco Lake None +413 +414 Unincorporated Areas of Person County. At the Person/Caswell County boundary None +510 Ghents Creek At the confluence with Hyco River None +367 Unincorporated Areas of Person County. Approximately 1,400 feet upstream of Edwin Robertson Road (State Route 1322) None +387 Hyco River Approximately 1.4 miles downstream of Railroad None +358 Unincorporated Areas of Person County. At the Hyco Dam None +380 Hyco River Tributary 1 At the confluence with Hyco River None +380 Unincorporated Areas of Person County. Approximately 600 feet upstream of the confluence with Hyco River None +380 Marlowes Creek At the upstream side of Cavel Chub Lake Road +470 +469 Unincorporated Areas of Person County, City of Roxboro. Approximately 860 feet upstream of Depot Street +617 +610 Marlowes Creek Tributary 1 At the confluence with Marlowes Creek +470 +469 Unincorporated Areas of Person County. Approximately 840 feet upstream of Chub Lake Road (State Route 1337) None +680 Marlowes Creek Tributary 1A At the confluence with Marlowes Creek Tributary 1 None +464 Unincorporated Areas of Person County. Approximately 0.5 mile upstream of Chub Lake Road (State Route 1337) None +656 Marlowes Creek Tributary 2 At the confluence with Marlowes Creek +554 +552 Unincorporated Areas of Person County, City of Roxboro. Approximately 0.5 mile upstream of Broad Road (State Route 1534) None +617 Mayo Creek Approximately 740 feet downstream of Mayo Lake Road (State Route 1501) None +349 Unincorporated Areas of Person County. Approximately 0.8 mile upstream of Denny's Store Road (State Route 1536) None +511 Mayo Creek Tributary 14 At the confluence with Mayo Creek None +444 Unincorporated Areas of Person County. Approximately 1,300 feet upstream of the confluence with Mayo Creek None +444 Mayo Creek Tributary 15 At the confluence with Mayo Creek None +450 Unincorporated Areas of Person County. Approximately 0.5 mile upstream of the confluence with Mayo Creek None +475 Mill Creek Approximately 400 feet downstream of Street's Store Road (State Route 1519) +444 +445 Unincorporated Areas of Person County. Approximately 530 feet upstream of Todd Road (State Route 1547) None +559 Powells Creek At the confluence with Hyco River None +367 Unincorporated Areas of Person County. Approximately 0.7 mile upstream of the confluence with Hyco River None +367 Satterfield Creek At the confluence with Storys Creek None +489 Unincorporated Areas of Person County. Approximately 1.2 miles upstream of City Lala Road (State Route 1836) None +491 South Hyco Creek At the upstream side of Brewer Road (State Route 1343) None +415 Unincorporated Areas of Person County. Approximately 1.0 mile upstream of State Highway 49 None +543 South Hyco Creek Tributary 2 At the confluence with South Hyco Creek None +516 Unincorporated Areas of Person County. Approximately 1,900 feet upstream of the confluence with South Hyco Creek None +553 South Hyco Creek Tributary 8 At the confluence with South Hyco Creek None +540 Unincorporated Areas of Person County. Approximately 400 feet upstream of Jones Road (State Route 1100) None +602 Storys Creek At the confluence with Hyco River None +366 Unincorporated Areas of Person County. Approximately 0.6 mile upstream of City Lake Road (State Route 1336) None +489 Tanyard Branch At the downstream side of Railroad +569 +570 City of Roxboro. Approximately 1,300 feet upstream of North Morgan Street None +658 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Roxboro Maps available for inspection at the Roxboro City Planning Department, 105 South Lamar Street, Roxboro, North Carolina. Send comments to The Honorable Steve Joyner, Mayor of the City of Roxboro, P.O. Box 128, Roxboro, North Carolina 27573. Unincorporated Areas of Person County Maps available for inspection at the Person County Planning and Zoning Department, 20A Court Street, Roxboro, North Carolina. Send comments to Mr. Steve Carpenter, Person County Manager, 304 South Morgan Street, Room 212, Roxboro, North Carolina 27573. Union County, North Carolina and Incorporated Areas Bates Branch At the confluence with East Fork Twelvemile Creek +525 +526 Unincorporated Areas of Union County, Town of Mineral Springs. Approximately 150 feet downstream of McNeely Road None +603 Blue Branch At the confluence with Cane Creek None +510 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of Bud Huey Road (State Route 115) None +549 Blythe Creek At the confluence with East Fork Twelvemile Creek +511 +510 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 1.0 mile upstream of Waxhaw Highway None +607 Blythe Creek Tributary At the confluence with Blythe Creek None +554 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of the confluence with Blythe Creek None +564 Booger Branch At the confluence with Cane Creek None +514 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of the confluence with Booger Branch Tributary 2 None +577 Booger Branch Tributary 1 At the confluence with Booger Branch None +514 Unincorporated Areas of Union County. Approximately 0.8 mile upstream of Bud Huey Road (State Route 1115) None +561 Booger Branch Tributary 2 At the confluence with Booger Branch None +550 Unincorporated Areas of Union County. Approximately 1.4 miles upstream of the confluence with Booger Branch None +611 Cane Creek Approximately 300 feet downstream of the Lancaster County, South Carolina/Union County, North Carolina State boundary None +502 Unincorporated Areas of Union County. Approximately 250 feet upstream of Rocky River Road (State Route 522) None +647 Cane Creek Tributary 1 At the confluence with Cane Creek None +562 Unincorporated Areas of Union County. Approximately 1.1 miles upstream of Cane Creek Road (State Route 1221) None +612 Cane Creek Tributary 2 At the confluence with Cane Creek None +580 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence with Cane Creek None +607 Cane Creek Tributary 3 At the confluence with Cane Creek None +586 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence with Cane Creek None +604 Cowhorn Branch At the confluence with Tarkill Branch None +552 Unincorporated Areas of Union County, Village of Marvin. Approximately 0.4 mile upstream of Waxhaw Marvin Road (State Route 1307) None +572 Culvert Branch Approximately 700 feet upstream of the confluence with West Fork Twelvemile Creek +557 +558 Unincorporated Areas of Union County. Approximately 1,000 feet upstream of Timber Lane None +647 Davis Branch At the confluence with Waxhaw Creek None +512 Unincorporated Areas of Union County. Approximately 1.5 miles upstream of the confluence with Davis Branch Tributary 1 None +584 Davis Branch Tributary 1 At the confluence with Davis Branch None +535 Unincorporated Areas of Union County. Approximately 1.5 miles upstream of the confluence with Davis Branch None +614 Davis Mine Creek Approximately 120 feet downstream of Waxhaw-Indian Trail Road None +601 Unincorporated Areas of Union County, Village of Wesley Chapel, Town of Indian Trail, Town of Stallings, Town of Weddington. Approximately 650 feet upstream of Lakewood Drive None +722 Davis Mine Creek Tributary 1 At the confluence with Davis Mine Creek None +649 Town of Indian Trail. Approximately 1,500 feet upstream of McLendon Road None +682 East Fork Twelvemile Creek Approximately 0.9 mile upstream of the confluence with Twelvemile Creek and West Fork Twelvemile Creek +512 +511 Unincorporated Areas of Union County, Village of Wesley Chapel, Town of Indian Trail, Town of Mineral Springs, Town of Waxhaw. Approximately 1,710 feet upstream of Grayson Parkway None +621 East Fork Twelvemile Creek Tributary 1 At the confluence with East Fork Twelvemile Creek +521 +520 Unincorporated Areas of Union County, Village of Wesley Chapel. Approximately 735 feet upstream of Farm Creek Road None +560 East Fork Twelvemile Creek Tributary 2 At the confluence with East Fork Twelvemile Creek +524 +522 Unincorporated Areas of Union County, Village of Wesley Chapel. Approximately 1.1 miles upstream of the confluence with East Fork Twelvemile Creek None +545 East Fork Twelvemile Creek Tributary 3 At the confluence with East Fork Twelvemile Creek None +562 Unincorporated Areas of Union County, City of Monroe, Village of Wesley Chapel. Approximately 1,300 feet upstream of Sanford Lane (State Route 1394) None +650 East Fork Twelvemile Creek Tributary 4 At the confluence with East Fork Twelvemile Creek None +583 Unincorporated Areas of Union County, Village of Wesley Chapel, Town of Indian Trail. Approximately 1.2 miles upstream of Mayflower Trail None +620 East Fork Twelvemile Creek Tributary 5 At the confluence with East Fork Twelvemile Creek None +597 Unincorporated Areas of Union County, City of Monroe, Town of Indian Trail. Approximately 725 feet downstream of Capital Drive None +639 East Fork Twelvemile Creek Tributary 6 At the confluence with East Fork Twelvemile Creek None +610 Unincorporated Areas of Union County, Town of Indian Trail. Approximately 0.5 mile upstream of the confluence with East Fork Twelvemile Creek None +629 Glen Branch At the confluence with Waxhaw Creek None +592 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Nesbit Road (State Route 1131) None +633 Keener Branch At the confluence with Waxhaw Creek None +513 Unincorporated Areas of Union County. Approximately 0.9 mile upstream of Farmbrook Drive (State Route 1271) None +539 Lee Branch At the confluence with Bates Branch None +541 Town of Mineral Springs. Approximately 375 feet downstream of Waxhaw-Monroe Road (State Route 111) None +618 Lee Branch Tributary 1 At the confluence with Lee Branch None +603 Town of Mineral Springs. Approximately 0.5 mile upstream of the confluence with Lee Branch None +625 Lee Branch Tributary 1A At the confluence with Lee Branch Tributary 1 None +603 Town of Mineral Springs. Approximately 1,250 feet upstream of the confluence with Lee Branch Tributary 1 None +617 Little Twelvemile Creek Approximately 50 feet downstream of Potter Road (State Route 1162) None +553 Unincorporated Areas of Union County, Town of Mineral Springs. Approximately 0.9 mile upstream of Crow Road None +635 Little Twelvemile Creek Tributary 1 At the confluence with Little Twelvemile Creek None +563 Unincorporated Areas of Union County. Approximately 925 feet upstream of Porter Drive (State Route 2552) None +600 Little Twelvemile Creek Tributary 2 At the confluence with Little Twelvemile Creek None +588 Unincorporated Areas of Union County, Town of Mineral Springs. Approximately 1,500 feet upstream of Old Waxhaw-Monroe Road (State Route 1149) None +626 Machine Branch At the confluence with East Fork Twelvemile Creek +516 +517 Unincorporated Areas of Union County. Approximately 780 feet downstream of Waxhaw-Indian Trail Road (State Route 1008) None +573 Marvin Branch At the confluence with Sixmile Creek +572 +577 Village of Marvin. Approximately 1,150 feet upstream of Saddle Avenue None +605 McBride Branch At the confluence with Sixmile Creek +580 +583 Unincorporated Areas of Union County, Village of Marvin. Approximately 385 feet upstream of Kentucky Derby Drive (State Route 3248) None +652 McBride Branch Tributary 1 At the confluence with McBride Branch None +601 Unincorporated Areas of Union County. Approximately 950 feet upstream of Beckford Glen Drive (State Route 2679) None +624 McNeely Branch At the confluence with Blythe Creek None +571 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 1.6 miles upstream of Waxhaw Highway None +616 Missouri Branch At the confluence with Davis Branch None +533 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Shady Oak Drive None +599 Molly Branch At the confluence with East Fork Twelvemile Creek +547 +549 Unincorporated Areas of Union County. Approximately 30 feet downstream of Willoughby Road (State Route 1334) None +613 Mundys Run At the confluence with West Fork Twelvemile Creek +533 +535 Unincorporated Areas of Union County, Town of Weddington. Approximately 0.5 mile upstream of the confluence of Mundys Run Tributary 3 None +635 Mundys Run Tributary 1 At the confluence with Mundys Run None +568 Unincorporated Areas of Union County, Town of Weddington. Approximately 1,130 feet upstream of Skytop Road None +613 Mundys Run Tributary 2 At the confluence with Mundys Run None +573 Unincorporated Areas of Union County, Town of Weddington. Approximately 0.8 mile upstream of the confluence with Mundys Run None +605 Mundys Run Tributary 3 At the confluence with Mundys Run None +614 Town of Weddington. Approximately 1,460 feet upstream of Weddington Road None +638 Price Mill Creek Approximately 450 feet upstream of the confluence of Davis Mine Creek None +592 Unincorporated Areas of Union County, Town of Indian Trail. Approximately 650 feet upstream of Kennerly Drive None +650 Price Mill Creek Tributary 1 At the confluence with Price Mill Creek None +599 Unincorporated Areas of Union County, Town of Indian Trail. Approximately 100 feet upstream of Old Charlotte Highway None +646 Price Mill Creek Tributary 2 At the confluence with Price Mill Creek None +633 Town of Indian Trail. Approximately 1,400 feet upstream of the confluence with Price Mill Creek None +646 Robin Branch At the confluence with Booger Branch None +522 Unincorporated Areas of Union County. Approximately 500 feet upstream of Shaw Avenue None +568 Rone Branch Approximately 200 feet downstream of the Lancaster County, South Carolina/Union County, North Carolina, State boundary None +507 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Rehobeth Road (State Route 1107) None +591 Rone Branch Tributary 1 At the confluence with Rone Branch None +515 Unincorporated Areas of Union County. Approximately 0.3 mile upstream of the confluence with Rone Branch None +560 Simpson Branch Approximately 500 feet upstream of the confluence with Cane Creek None +502 Unincorporated Areas of Union County. Approximately 250 feet downstream of Huey Drive None +518 Sixmile Creek Approximately 200 feet upstream of the Lancaster County, South Carolina/Mecklenburg and Union County, North Carolina, State boundary +570 +575 Unincorporated Areas of Union County, Town of Weddington, Village of Marvin. Approximately 500 feet upstream of the Mecklenburg/Union County boundary +625 +626 Sixmile Creek Tributary 1 At the confluence with Sixmile Creek +577 +579 Unincorporated Areas of Union County, Village of Marvin. Approximately 920 feet upstream of Marvin Weddington Road (State Route 1316) None +630 Sixmile Creek Tributary 2 Approximately 700 feet upstream of the confluence with Sixmile Creek +580 +601 Unincorporated Areas of Union County. Approximately 1.2 miles upstream of the confluence with Sixmile Creek None +633 Stewart Branch At the confluence with Cane Creek Tributary 1 None +562 Unincorporated Areas of Union County. Approximately 1,125 feet upstream of the Dam None +661 Stewart Branch Tributary 1 At the confluence with Stewart Branch None +562 Unincorporated Areas of Union County. Approximately 250 feet downstream of Tom Green Road None +607 Tarkill Branch At the Lancaster County, South Carolina/Union County, North Carolina, State boundary None +545 Unincorporated Areas of Union County, Town of Weddington, Village of Marvin. Approximately 1.4 miles upstream of New Town Road None +644 Twelvemile Creek Tributary 1 Approximately 500 feet upstream of the confluence with Twelvemile Creek None +502 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 0.5 mile upstream of Fox Hound Lane None +537 Twelvemile Creek Tributary 2 Approximately 800 feet upstream of the confluence with Twelvemile Creek None +504 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 0.8 mile upstream of the confluence with Twelvemile Creek None +523 Twelvemile Creek Tributary 3 Approximately 1,600 feet upstream of the confluence with Twelvemile Creek None +507 Unincorporated Areas of Union County, Town of Waxhaw, Village of Marvin. Approximately 0.5 mile upstream of Rainbow Drive None +558 Twelvemile Creek Tributary 4 Approximately 1,600 feet upstream of the confluence with Twelvemile Creek +507 +508 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 300 feet upstream of Waxhaw Parkway None +574 Underwood Creek Approximately 1,500 feet upstream of the confluence with Little Twelvemile Creek None +547 Unincorporated Areas of Union County. Approximately 0.8 mile upstream of New Town Road None +619 Waxhaw Creek Approximately 1,650 feet downstream of Maggie Robinson Road (State Route 1103) None +487 Unincorporated Areas of Union County. Approximately 100 feet downstream of Lancaster Highway/State Highway 200 None +609 Waxhaw Creek Tributary 1 At the confluence with Waxhaw Creek None +491 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of Mini-Ranch Road (State Route 1102) None +526 Waxhaw Creek Tributary 2 At the confluence with Waxhaw Creek None +499 Unincorporated Areas of Union County. Approximately 2.8 miles upstream of the confluence with Waxhaw Creek None +705 Waxhaw Creek Tributary 3 At the confluence with Waxhaw Creek None +516 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of Winslow Drive None +539 Waxhaw Creek Tributary 4 At the confluence with Waxhaw Creek None +555 Unincorporated Areas of Union County. Approximately 1.4 miles upstream of Morrison Avenue None +616 Waxhaw Creek Tributary 5 At the confluence with Waxhaw Creek None +559 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of the confluence with Waxhaw Creek None +597 Waxhaw Creek Tributary 6 At the confluence with Waxhaw Creek None +560 Unincorporated Areas of Union County. Approximately 0.7 mile upstream of the confluence with Waxhaw Creek None +583 Waxhaw Creek Tributary 7 At the confluence with Waxhaw Creek None +565 Unincorporated Areas of Union County. Approximately 1,750 feet upstream of the Dam None +658 Waxhaw Creek Tributary 7A At the confluence with Waxhaw Creek Tributary 7 None +578 Unincorporated Areas of Union County. Approximately 0.4 mile upstream of Nesbit Road (State Route 1131) None +609 Waxhaw Creek Tributary 7B At the confluence with Waxhaw Creek Tributary 7 None +583 Unincorporated Areas of Union County. Approximately 0.6 mile upstream of the confluence with Waxhaw Creek Tributary 7 None +610 Waxhaw Creek Tributary 7C At the confluence with Waxhaw Creek Tributary 7 None +591 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 0.5 mile upstream of Parkwood School Road None +613 West Fork Twelvemile Creek At the upstream side of Cuthbertson Road (State Route 1321) +512 +514 Unincorporated Areas of Union County, Village of Wesley Chapel, Town of Indian Trail, Town of Stallings, Town of Waxhaw, Town of Weddington. Approximately 1,070 feet upstream of the confluence of West Fork Twelvemile Creek Tributary 4 None +680 West Fork Twelvemile Creek Tributary 1 At the confluence with West Fork Twelvemile Creek +525 +526 Unincorporated Areas of Union County, Town of Waxhaw, Town of Weddington. Approximately 0.4 mile upstream of New Town Road (State Route 1315) None +634 West Fork Twelvemile Creek Tributary 1A At the confluence with West Fork Twelvemile Creek Tributary 1 None +536 Unincorporated Areas of Union County, Town of Waxhaw. Approximately 0.8 mile upstream of the confluence with West Fork Twelvemile Creek Tributary 1 None +576 West Fork Twelvemile Creek Tributary 2 At the confluence with West Fork Twelvemile Creek +582 +587 Unincorporated Areas of Union County, Town of Weddington. Approximately 700 feet upstream of the Dam None +681 West Fork Twelvemile Creek Tributary 2A At the confluence with West Fork Twelvemile Creek Tributary 2 None +638 Town of Weddington. Approximately 1,790 feet upstream of the confluence with West Fork Twelvemile Creek Tributary 2 None +653 West Fork Twelvemile Creek Tributary 2B At the confluence with West Fork Twelvemile Creek Tributary 2 None +661 Town of Weddington. Approximately 960 feet upstream of the confluence with West Fork Twelvemile Creek Tributary 2 None +673 West Fork Twelvemile Creek Tributary 3 At the confluence with West Fork Twelvemile Creek None +657 Unincorporated Areas of Union County, Town of Indian Trail, Town of Stallings. Approximately 520 feet upstream of Fairforest Drive None +684 West Fork Twelvemile Creek Tributary 4 At the confluence with West Fork Twelvemile Creek None +672 Unincorporated Areas of Union County, Town of Indian Trail, Town of Stallings. At the Mecklenburg/Union County boundary None +690 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Indian Trail Maps available for inspection at the Indian Trail Planning Department, 109 Navejo Trail Road, Indian Trail, North Carolina. Send comments to The Honorable Sandy Moore, Mayor of the Town of Indian Trail, 4900 Pioneer Lane, Indian Trail, North Carolina 28079. Village of Marvin Maps available for inspection at the Marvin Village Hall, 10004 New Town Road, Marvin, North Carolina. Send comments to The Honorable Mike Cognac, Mayor of the Village of Marvin, P.O. Box 399, Waxhaw, North Carolina 28177. Town of Mineral Springs Maps available for inspection at the Town of Mineral Springs Volunteer Fire and Rescue Department, 5804 Waxhaw Highway, Mineral Springs, North Carolina. Send comments to The Honorable Rick Becker, Mayor of the Town of Mineral Springs, 6603 Sadler Road, Waxhaw, North Carolina 28173. City of Monroe Maps available for inspection at the City of Monroe Planning Department, 300 West Crowell Street, Monroe, North Carolina. Send comments to The Honorable Bobby Kilgore, Mayor of the City of Monroe, 300 West Crowell Street, Monroe, North Carolina 28112. Town of Stallings Maps available for inspection at the Stallings Town Hall, 315 Stallings Road, Stallings, North Carolina. Send comments to The Honorable Lynda Paxton, Mayor of the Town of Stallings, 112 Eaglecrest Drive, Stallings, North Carolina 28104. Unincorporated Areas of Union County Maps available for inspection at the Union County Planning Department, 407 North Main Street, Room 149, Monroe, North Carolina. Send comments to Mr. Mike Shalati, Union County Manager, 500 North Main Street, Room 925, Monroe, North Carolina 28112. Town of Waxhaw Maps available for inspection at the Waxhaw Town Hall, 317 North Broom Street, Waxhaw, North Carolina. Send comments to The Honorable Gary Underwood, Mayor of the Town of Waxhaw, P.O. Box 6, Waxhaw, North Carolina 28173. Town of Weddington Maps available for inspection at the Weddington Town Hall, 1924 Weddington Road, Weddington, North Carolina. Send comments to The Honorable Nancy Anderson, Mayor of the Town of Weddington, 1924 Weddington Road, Weddington, North Carolina 28104. Village of Wesley Chapel Maps available for inspection at the Village of Wesley Chapel Town Hall, 1101 A Airport Road, Monroe, North Carolina. Send comments to The Honorable Tracy Clinton, Mayor of the Village of Wesley Chapel, 1505 Golden Rain, Wesley Chapel, North Carolina 28104. (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. E6-18328 Filed 10-31-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7470] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations
(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety
(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* 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 proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132* , Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State City/town/county Source of flooding Location #Depth in feet above ground *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)Existing Modified Town of Hulett, Wyoming WY Town of Hulett Belle Fourche River Approximately 2.0 miles downstream of State Highway 24 (at cross section A) None +3,738 Approximately 0.33 miles downstream of State Highway 24 (approximate cross section G) None +3,750 WY Town of Hulett Belle Fourche River Approximately 0.31 miles upstream of State Highway 24 (approximate cross section J) None +3,753 Approximately 0.43 miles upstream of State Highway 24 South (at cross section T) None +3,764 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Hulett Maps are available for inspection at the Town of Hulett, 123 Hill Street, Hulett, Wyoming. Send comments to the Honorable Shawn Tabke, Mayor, 123 Hill Street, Hulett, Wyoming 82720. Flooding source(s) Location of referenced elevation *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)#Depth in feet above ground Effective Modified Communities affected Houston County, Georgia and Incorporated Areas Howard Branch At confluence with Sandy Run Creek +308 +304 City of Warner. Approximately 690 feet upstream of confluence with Sandy Run Creek +308 +307 Robins, Houston County (Unincorporated Areas). Redding Branch At confluence with Sandy Run Creek +270 +269 Houston County (Unincorporated Areas). Approximately 630 feet upstream of confluence with Mossy Creek +270 +269 Sandy Run Creek Approximately 1,700 feet upstream of Leisure Lake Dam +301 +302 Houston County (Unincorporated Areas). Approximately 11,950 feet upstream of confluence of Howard /Branch +309 +310 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Houston County (Unincorporated Areas) Maps are available for inspection at Houston County Building Inspections Department, 200 Carl Vinson Parkway, Warner Robins, Georgia. Send comments to Mr. Timothy E. Andrews, Building Official/Zoning Officer, Houston County Building Inspections Department, 200 Carl Vinson Parkway, Warner Robins, Georgia 31088. City of Warner Robins Maps are available for inspection at the City of Warner Robins Engineering Department, 700 Watson Boulevard, Warner Robins, Georgia. Send comments to Mr. Walter Gray, III, City Engineer, 700 Watson Boulevard, Warner Robins, Georgia 31093. Sangamon County Illinois and Incorporated Areas Lake Springfield From Spaulding Dam south to Lindsey Bridge None +561 City of Springfield, Sangamon County (Unincorporated Areas). * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Springfield Maps are available for inspection at the Springfield-Sangamon County Regional Planning Commission, 200 South 9th Street, Room 212, Springfield IL 62701. Send comments to The Honorable Tim Davlin, Mayor, City of Springfield, 300 Municipal Center East, Springfield, IL 62701. Unincorporated Areas of Sangamon County Maps are available for inspection at the Springfield-Sangamon County Regional Planning Commission, 200 South 9th Street, Room 212, Springfield IL 62701. Send comments to The Honorable Andy Van Meter, County Board Chairman, 200 South Ninth, Springfield, IL 62701. Carroll County, Kentucky and Incorporated Areas Ohio River Western County boundary with Trimble County None +465 Carroll County (Unincorporated Areas). Eastern County boundary with Gallatin County None +472 # Depth in feet above ground. * National Geodetic Vertical Datum. + National American Vertical Datum. ADDRESSES Carroll County Unincorporated Areas Maps are available for inspection at Carroll Emergency Operations Center, 829 Polk Street, Carrollton, Kentucky 41008. Send comments to Harold Tomlinson, Jr., Carroll County Judge/Executive, Carroll County Fiscal Court, 440 Main Street, 2nd Floor, Courthouse, Carrollton, Kentucky 41008. Franklin County, Kentucky and Incorporated Areas Penitentiary Branch Approximately 660 feet upstream of the confluence with the Kentucky River None +493 Franklin County (Unincorporated Areas), City of Franklin. Approximately 2,820 feet upstream of U.S. Route 127 None +493 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Franklin County Unincorporated Areas Maps are available for inspection at 313 West Main Street, Frankfort, Kentucky 40601. Send comments to Teresa Barton, Franklin County Judge/Executive, 313 West Main Street, County Courthouse, Frankfort, Kentucky 40601. City of Franklin Maps are available for inspection at 315 West Second Street, Frankfort, Kentucky 40602. Send comments to William I. May, Jr., Mayor, City of Frankfort , 315 West Second Street, Frankfort, Kentucky 40602. Hardin County, Kentucky and Incorporated Areas Buffalo Creek Approximately 750 feet upstream of Poplar Street None +708 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 2,065 feet downstream of Bluegrass Road None +812 Hawkins Steel Tributary Approximately 130 feet downstream of Steel Drive None +745 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 615 feet upstream of Hodgenville Road None +763 Park Lane Tributary From the confluence with Freeman Creek *697 +702 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 60 feet downstream of Meadow Lane *731 +737 Pear Orchard Tributary Approximately 545 feet downstream of Village Drive *715 +716 City of Elizabethtown, Hardin County (Unincorporated Areas). Approximately 80 feet upstream of Pear Orchard Road *793 +789 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Hardin County (Unincorporated Areas) Maps are available for inspection at 14 Public Square, 3rd Floor, Elizabethtown, Kentucky 42701. Send comments to Harry Berry, County Judge/Executive, 100 Public Square 3rd Floor, Elizabethtown, Kentucky 42701. City of Elizabethtown Maps are available for inspection at 200 West Dixie Avenue, Elizabethtown, Kentucky 42701. Send comments to David Willmoth, Mayor, 411 West Lincoln Trail Blvd., Elizabethtown, Kentucky 40160. Santa Fe County, New Mexico and Incorporated Areas Admin Arroyo At the confluence of Admin Arroyo and Rio Tesuque None +6291 Santa Fe County (Unincorporated Areas). Approximately 4000 feet upstream of the intersection of Admin Arroyo and Highway 84 None +6509 Arroyo Saiz Confluence of Arroyo Saiz and Santa Fe River +7034 +7033 City of Santa Fe, Santa Fe County (Unincorporated Areas). Approximately 4600 feet upstream from confluence with Santa Fe River +7180 +7171 Arroyo Seco Approximately 2500 feet upstream of the intersection of Highway 399
(106)and Jara Lane None +5640 Santa Fe County (Unincorporated Areas). Intersection of Arroyo Seco and Highway 84/285 None +5723 Batchelor Draw Intersection of Batchelor Draw and Abajo Drive None +6622 Santa Fe County (Unincorporated Areas). Intersection of Batchelor Draw and Quiet Valley Loop None +6693 Pojoaque River Approximately 2300 feet upstream from confluence with Rio Grande None +5543 Santa Fe County (Unincorporated Areas). Confluence of the Pojoaque River and Pojoaque Creek None +5774 Rio Tesuque At the confluence of Rio Tesuque and Pojoaque Creek None +5783 Santa Fe County (Unincorporated Areas). Downstream face of intersection of Rio Tesuque and Highway 502 None +5811 Santa Fe River Approximately 2000 feet downstream from the intersection of Sante Fe River and Paseo Real None +6261 City of Santa Fe, Santa Fe County (Unincorporated Areas). Approximately 300 feet upstream from intersection of Santa Fe River and Cerro Gordo Road None +7290 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Santa Fe Maps are available for inspection at 200 Lincoln Ave., P.O. Box 909, Santa Fe, NM 87504. Send comments to The Honorable David Coss, Mayor, 200 Lincoln Ave., Santa Fe, NM 87501. Unincorporated Areas of Santa Fe County Maps are available for inspection at Santa Fe County Courthouse, 102 Grant Ave., Santa Fe, NM 87504. Send comments to Mr. Gerald Gonzales, County Manager, P.O. Box 276, Santa Fe, NM 87504. (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. E6-18326 Filed 10-31-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-P-7923] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations
(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety
(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* 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 proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements. Accordingly, 44 CFR Part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for Part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.;* Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)#Depth in feet above ground Effective Modified Communities affected Fairfield County, Ohio and Incorporated Areas Blacklick Creek Just upstream of Tussing Road *827 *826 Fairfield County (Unincorporated Areas). Approximately 190 feet Downstream of U.S. Interstate 70 Eastbound *829 *828 Georges Creek Approximately 350 feet downstream of Long Road *793 *791 City of Pickerington. Approximately 150 feet upstream of Pickerington Ridge Drive None *816 Georges Creek Overflow Approximately 2,690 feet downstream of the divergence from Georges Creek None *800 City of Pickerington. At the divergence from Georges Creek None *807 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Fairfield County (Unincorporated Areas) Maps are available for inspection at the Community Map Repository, Fairfield County Regional Planning Commission, 210 East Main Street, Lancaster, Ohio. Send comments to Ms. Judy Shupe, President, Board of County Commissioners, 210 East Main Street, Lancaster, Ohio 43140. City of Pickerington, Fairfield and Franklin Counties Maps are available for inspection at the Community Map Repository, City of Pickerington, City Hall, 100 Lockville Road, Pickerington, Ohio. Send comments to The Honorable David B. Shaver, Mayor, City of Pickerington, City Hall, 100 Lockville Road, Pickerington, Ohio 43147. Franklin County, Ohio and Incorporated Areas Blacklick Creek Approximately 3,930 feet upstream of Refugee Road *802 *803 City of Columbia. Approximately 300 feet downstream of U.S. Interstate 70 Eastbound *829 *828 Coble-Bowman Ditch Approximately 500 feet downstream of Bixby Road/County Highway 229 *741 *742 Franklin County (Unincorporated Areas). Approximately 4,500 feet upstream of Winchester Pike/County Highway 376 None *760 Georges Creek Approximately 90 feet upstream of Conrail *748 *749 Franklin County (Unincorporated Areas) Approximately 2,200 feet upstream of Long Road/County Highway 220 (limit of flooding affecting Franklin County *801 *799 Village of Canal Winchester City of Columbus. Georges Creek Overland Flow At the confluence with Georges Creek *748 *749 Franklin County (Unincorporated Areas). Approximately 1,440 feet upstream of confluence with Georges Creek *748 *749 Georges Creek Split Flow At the convergence with Georges Creek *779 *777 Franklin County (Unincorporated Areas). At the divergence from Georges Creek *785 *784 City of Columbus. Georges Creek Overflow Approximately 150 feet upstream of the convergence with Blacklick Creek *795 *796 City of Columbus. Approximately 3,560 feet upstream of the convergence with Blacklick Creek None *800 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Village of Canal Winchester Maps are available for inspection at The Canal Winchester Municipal Building, 36 South High Street, Canal Winchester, Ohio. Send comments to The Honorable Jeffery J. Miller, Mayor, Village of Canal Winchester, 36 South High Street, Canal Winchester, Ohio 43110. City of Columbus Maps are available for inspection at The Building Services Division, 757 Carolyn Avenue, Columbus, Ohio. Send comments to The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Room 247, Columbus, Ohio 43215. Franklin County (Unincorporated Areas) Maps are available for inspection at Franklin County Economic Development and Planning Department, 280 East Broad Street, Room 202, Columbus, Ohio. Send comments to Ms. Paula Brooks, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215. (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. E6-18325 Filed 10-31-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [I.D. 091106B] RIN 0648-AU84 Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; extension of comment period. SUMMARY: This action extends the comment period for 12 days on an October 5, 2006, proposed rule regarding the first 2007 fishing season for Atlantic sharks. Due to late dealer reports that may substantially change landings estimates of large and small coastal sharks during the first trimester of 2006 for the Gulf of Mexico, NMFS is extending the comment deadline on that proposed rule from November 1, 2006, until November 13, 2006. DATES: The deadline for written comments on the October 5, 2006 (71 FR 58778) proposed rule has been extended from November 1 to no later than 5 p.m. on November 13, 2006. ADDRESSES: Written comments on the proposed rule may be submitted to Michael Clark, Highly Migratory Species Management Division via: • Email: *SF1.091106B@noaa.gov* . • Mail: 1315 East-West Highway, Silver Spring, MD 20910. Please mark on the outside of the envelope “Comments on Proposed Rule for 2007 1 st Trimester Season Lengths and Quotas.” • Fax: 301-713-1917. • Federal e-Rulemaking Portal: *http://www.regulations.gov* . Include in the subject line the following identifier: “I.D. 091106B”. Copies of the associated draft Environmental Assessment
(EA)and other relevant documents are available on the Highly Migratory Species Management Division's website at *www.nmfs.noaa.gov/sfa/hms* or by contacting Michael Clark (see FOR FURTHER INFORMATION CONTACT ). FOR FURTHER INFORMATION CONTACT: Michael Clark or Karyl Brewster-Geisz by phone: 301-713-2347 or by fax: 301-713-1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fishery is managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS recently finalized a Consolidated Highly Migratory Species Fishery Management Plan (HMS FMP) that consolidated and replaced previous FMPs for Atlantic Billfish and Atlantic Tunas, Swordfish, and Sharks (October 2, 2006; 71 FR 58058). The HMS FMP is implemented by regulations at 50 CFR part 635. On October 5, 2006 (71 FR 58778), NMFS published a proposed rule that requested comments on the draft EA and scheduled three public hearings throughout October 2006 to receive comments from fishery participants and other members of the public regarding the first 2007 fishing season for Atlantic sharks. Based on late dealer reports that may substantially change landings estimates of large and small coastal sharks in the Gulf of Mexico during the first trimester of 2006, NMFS is extending the comment period on this proposed rule. NMFS is still updating the landings estimates and will release them in a future **Federal Register** notice. At this time, NMFS does not expect the landings estimates or the proposed measures to change substantially in the South Atlantic or North Atlantic regions. In order to incorporate these updated landings and to provide adequate opportunities for public comment by constituents, NMFS is extending the public comment period on the proposed rule and draft EA to 5 p.m., November 13, 2006. Authority: 16 U.S.C. *et seq.* ; 16 U.S.C. 1801 *et seq.* Dated: October 26, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-9008 Filed 10-27-06; 2:36 pm]
Connectionstraces to 33
Traces to 33 documents
U.S. Code
21 references not yet in our index
  • 10 CFR 35
  • 10 CFR 51
  • 17 CFR 170
  • Pub. L. 103-297
  • 108 Stat. 1545
  • Pub. L. 106-554
  • 114 Stat. 2763
  • 23 CFR 630
  • Pub. L. 109-59
  • 119 Stat. 1227
  • 1 CFR 51
  • 5 USC 601-612
  • Pub. L. 104-4
  • 109 Stat. 48
  • 49 CFR 1.48(b)
  • 40 CFR 52
  • 44 CFR 67
  • 44 CFR 67.4(a)
  • 44 CFR 60.3
  • 44 CFR 10
  • 50 CFR 635
Citation graph
cites case law
Proposed Rules
Petition for rulemaking; Notice of receipt
C.F.R.§ 35.57
C.F.R.§ 2.802
C.F.R.§ 51.53
C.F.R.§ 51.23
C.F.R.§ 170.15
U.S.C.§ 12a
U.S.C.§ 21
U.S.C.§ 2
U.S.C.§ 5
Cite10 CFR 35
Cite10 CFR 51
Cite17 CFR 170
Cites 54 · showing 12Cited by 0 across 0 sources
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