Unknown. Final rule; request for comments

52,928 words·~241 min read·/register/2006/11/14/06-9190

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

--- schema: federal-register doc_type: fedreg source_file: FR-2006-11-14.xml --- 71 219 Tuesday, November 14, 2006 Contents Agriculture Agriculture Department See Foreign Agricultural Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 66302 E6-19131 Air Force Air Force Department NOTICES Environmental statements; notice of intent: Common Battlefield Airman Training Program; air education and training command, 66313-66314 E6-19143 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 66331-66334 E6-19144 E6-19145 E6-19146 E6-19147 Committees; establishment, renewal, termination, etc.:

Injury Prevention and Control Advisory Committee, 66334-66335 E6-19151 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Meetings: Juvenile Justice and Delinquency Prevention Coordinating Council, 66313 E6-19134 Defense Defense Department See Air Force Department See Navy Department Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Teacher Incentive Fund, 66317-66321 E6-19193 Election Election Assistance Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 66321-66322 06-9191 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 66348-66349 E6-19176 Meetings: Federal YouthBuild Grants design, 66349-66350 E6-19177 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 66350-66352 E6-19156 E6-19157 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Toxic substances:

Chemical imports and exports; export notification reporting requirements, 66234-66245 E6-19182 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 66325-66327 E6-19172 E6-19174 Meetings: Acute Exposure Guideline Levels for Hazardous Substances National Advisory Committee, 66327-66328 E6-19166 Science Advisory Board, E6-19168 66328-66330 E6-19170 E6-19171 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Rolls-Royce plc, 66229-66231 E6-18964 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 66248-66270 E6-19116 E6-19118 Virgin Islands and North Carolina, 66270-66284 E6-19114 Flood insurance; communities eligible for sale: Illinois, 66245-66248 E6-19117 PROPOSED RULES Flood elevation determinations: North Carolina, 66285-66292 E6-19110 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 66322-66325 E6-19121 E6-19122 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 66330-66331 E6-19200 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Braunton's milk vetch and Lyon's pentachaeta, 66374-66423 06-9089 PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Island marble butterfly, 66292-66298 E6-19064 NOTICES Endangered and threatened species: Recovery plans— Puerto Rican parrot, 66341 E6-19162 Environmental statements; notice of intent:

Battle Mountain, CO; habitat conservation plan, 66341-66343 E6-19142 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Monensin, 66231-66232 E6-19203 NOTICES Agency information collection activities; proposals, submissions, and approvals, 66335 E6-19152 Reports and guidance documents; availability, etc.: Type C medicated feed assay methods method transfer studies; conduct protocols, 66335-66336 E6-19204 Voluntary national retail food regulatory program standards, 66336-66340 E6-19195 Foreign Foreign Agricultural Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 66302-66303 06-9190 Foreign Foreign Claims Settlement Commission NOTICES Privacy Act; systems of records, 66347-66348 E6-19061 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Federal claims; interest rates on overdue debts, 66331 06-9187 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Meetings:

Data Privacy and Integrity Advisory Committee, 66340 E6-19173 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Practice and procedure: Residence rules source rules, 66232-66234 E6-19135 PROPOSED RULES Income taxes: Qualified business unit branches; transfers using profit and loss method of accounting, currency gain or loss calculation; public hearing canceled, 66285 E6-19138 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-19124 66366-66370 E6-19126 E6-19127 E6-19139 Meetings:

Art Advisory Panel, 66370-66371 E6-19130 Taxpayer Advocacy Panels, 66371 E6-19125 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Japan, 66303-66304 E6-19186 Brake rotors from— China, 66304-66308 E6-19187 Folding metal tables and chairs from— China, 66308 E6-19183 Wooden bedroom furniture from— China, 66308-66311 E6-19184 E6-19185 Justice Justice Department See Foreign Claims Settlement Commission Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Organization, functions, and authority delegations:

Mine Safety and Health Assistant Secretary, etc., 66426 E6-19175 Land Land Management Bureau NOTICES Alaska Native claims selection: Ahtna, Inc., 66343 E6-19150 Bering Straits Native Corp., 66343 E6-19149 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Oil and gas leasing; 2007-2012 program, 66343-66346 06-9192 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 66352 06-9208 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and threatened species:

Findings on petitions, etc.— Atlantic salmon, 66298-66301 E6-19194 NOTICES Exempted fishing permit applications, determinations, etc., 66311-66312 E6-19190 Scientific research permit applications, determinations, etc., 66312-66313 E6-19192 National Park National Park Service NOTICES Environmental statements; notice of intent: Yosemite National Park, CA; El Portal Road rehabilitation completion, 66347 06-9188 Navy Navy Department NOTICES Environmental statements; notice of intent:

Naval Station Mayport, FL; homeporting additional surface ships, 66314-66315 E6-19163 Inventions, Government-owned; availability for licensing, 66315-66317 E6-19155 Meetings: Marine Corps University Board of Visitors, 66317 E6-19141 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Farm-City Week (Proc. 8082), 66427-66430 06-9214 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 66352 06-9213 Securities Exchange Act: Exemption for qualified contingent trades from rule 612 of regulation NMS, 66352-66354 E6-19120 Self-regulatory organizations; proposed rule changes:

National Association of Securities Dealers, Inc., 66354-66359 E6-19167 New York Stock Exchange LLC, 66359-66361 E6-19165 Social Social Security Administration NOTICES Reports and guidance documents; availability, etc.: Federal antidiscrimination, whistleblower protection, and retaliation laws; No FEAR Act notice, 66361-66362 E6-19140 State State Department NOTICES Meetings: International Economic Policy Advisory Committee, 66362 E6-19178 International Telecommunications Advisory Committee, 66362 E6-19181 Surface Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 66362-66364 E6-19179 E6-19180 Railroad services abandonment:

Yadkin Railroad Co., 66364-66365 E6-19036 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 66365-66366 E6-19119 Veterans Veterans Affairs Department NOTICES Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 66371 06-9184 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 66374-66423 06-9089 Part III Labor Department, 66426 E6-19175 Part IV Executive Office of the President, Presidential Documents, 66427-66430 06-9214 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 219 Tuesday, November 14, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26052; Directorate Identifier 2006-NE-30-AD; Amendment 39-14823; AD 2006-23-11] RIN 2120-AA64 Airworthiness Directives;

Rolls-Royce, plc RB211 Trent 768-60, 772-60, and 772B-60 Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for Rolls-Royce, plc

(RR)RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines. This AD requires initial and repetitive on-wing or in-shop inspections of the high pressure (HP)/intermediate pressure

(IP)turbine bearing oil feed tube heat shield. This AD results from a report that a damaged outer heat shield caused fretting of the oil feed tubes. We are issuing this AD to prevent an uncontained failure of the HP turbine disc and damage to the airplane. DATES: Effective December 19, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of December 19, 2006. We must receive any comments on this AD by January 16, 2007. ADDRESSES: Use one of the following addresses to comment on this AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7175; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: The European Aviation Safety Agency

(EASA)which is the airworthiness authority for the European Union, recently notified us that an unsafe condition may exist on RR RB211 Trent 768-60, 772-60 and 772B-60 turbofan engine. EASA advises that a Trent 700 engine was removed due to oil loss and low-oil pressure. Investigation established that a damaged outer heat shield caused fretting of the HP/IP turbine bearing oil feed tubes. Oil leakage from the oil feed tube at the outer heat shield position traveled forward to the cavity in front of the HP/IP turbine support structure and ignited. The fire caused localized heat damage to the rear of the HPT disc. This incident illustrated the possibility for overheating and failure of the HPT disc resulting from deterioration of the oil feed tube heat shield. Relevant Service Information We have reviewed and approved the technical contents of RR Alert Service Bulletin

(ASB)No. RB.211-72-AF045, Revision 2, dated July 27, 2006. That ASB describes procedures for initial and repetitive on-wing or in-shop inspections for cracks in the HP/IPT oil feed tube outer heat shield. The CAA issued AD No. 2006-0073, dated April 3, 2006, in order to ensure the airworthiness of these RR engines in the United Kingdom. Bilateral Airworthiness Agreement This engine model is manufactured in the United Kingdom, and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, the CAA kept the FAA informed of the situation described above. We have examined the findings of the CAA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. FAA's Determination and Requirements of This AD Although no airplanes that are registered in the United States use these engines, the possibility exists that the engines could be used on airplanes that are registered in the United States in the future. The unsafe condition described previously is likely to exist or develop on other RR RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines of the same type design. We are issuing this AD to prevent uncontained failure of the HPT disc and damage to the airplane. This AD requires: • An initial on-wing inspection of the oil feed tube heat shield within 10,000 hours or 2,500 cycles on the 05 module since new or overhaul or within 30 days after the effective date of this AD, whichever is later, or • An initial in-shop inspection of the heat shield of oil feed tube during a shop visit of the module 05 where the module 05 is not scheduled for overhaul or within 30 days after the effective date of this AD, whichever is later. • Thereafter, a repetitive inspection of the heat shield of oil feed tube at an interval determined by the condition of the heat shield. You must use the service information described previously to perform the actions required by this AD. FAA's Determination of the Effective Date Since there are currently no domestic operators of this engine model, notice and opportunity for public comment before issuing this AD are unnecessary. A situation exists that allows the immediate adoption of this regulation. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “AD Docket No. FAA-2006-26052; Directorate Identifier 2006-NE-30-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of the DMS Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility Docket Offices between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2006-23-11 Rolls-Royce plc:** Amendment 39-14823. Docket No. FAA-2006-26052; Directorate Identifier 2006-NE-30-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective December 19, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Rolls-Royce plc

(RR)RB211 Trent 768-60, 772-60, and 772B-60 turbofan engines that do not incorporate RR Service Bulletin RB.211-71-F117 or RB.211-72-048. These engines are installed on, but not limited to, Airbus A330 series airplanes. Unsafe Condition

(d)This AD results from a report that a damaged outer heat shield fretted the oil feed tubes. We are issuing this AD to prevent an uncontained failure of the high pressure

(HP)turbine disc and damage to the airplane. Compliance

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

(f)Initially inspect the HP/IP turbine oil feed tube outer heat shield for cracks. Use either 3.A.(1) through 3.A.(3) on-wing procedures or 3.B.(1)(a) through 3.B.(1)(e) in-shop procedures of RR ASB RB.211-72-AF045, Revision 2, dated July 27, 2006, at one of the following compliance times:

(1)At the next shop visit of the 05 Module regardless of the reason for the visit, or

(2)Before one of the following intervals whichever occurs latest:

(i)30 days from the effective date of this AD, or

(ii)10,000 hours or 2,500 cycles since new, whichever occurs first, or

(iii)2,500 cycles since overhaul of the 05 Module. Repetitive Inspection

(g)Re-inspect the HP/IP turbine oil feed tube outer heat shield for cracks as specified in the applicable criteria of paragraphs C.(1)(b)(i) through C(1)(b)(vi) or C(2)(b)(i) through C(2)(b)(ii) of RR ASB RB.211-72-AF045, Revision 2, dated July 27, 2006. Use either 3.A.(1) through 3.A.(3) on-wing procedures or 3.B.(1)(a) through 3.B.(1)(e) in-shop procedures of RR ASB RB.211-72-AF045, Revision 2, dated July 27, 2006. Remove HP/IP Turbine Oil Feed Tube Outer Heat Shields From Service

(h)Remove from service HP/IP turbine oil feed tube outer heat shields according to the applicable criteria in paragraphs C(1)(b)(vii) through C(1)(b)(vii) or C(2)(b)(iii) of RR ASB RB.211-72-AF045, Revision 2, dated July 27, 2006. Alternative Methods of Compliance

(i)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information

(j)EASA airworthiness directive 2006-0073, dated April 3, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(k)You must use Rolls-Royce Alert Service Bulletin No. RB.211-72-AF045, Revision 2, dated July 27, 2006, to perform the inspections required by this AD. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Rolls-Royce plc P.O. Box 31, Derby, DE24 8BJ, United Kingdom; telephone 44

(0)1332 242424; Fax 44

(0)1332 249936 for a copy of this service information. You may review copies at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records 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/cfr/ ibr-locations.html.* Issued in Burlington, Massachusetts, on November 3, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-18964 Filed 11-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Monensin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule; technical amendment. SUMMARY: The Food and Drug Administration

(FDA)is amending the animal drug regulations to simplify the organization of special labeling requirements for formulations (Type A medicated articles, Type B and Type C medicated feeds) containing monensin sodium. This action is being taken to improve the clarity of the regulations. DATES: This rule is effective November 14, 2006. FOR FURTHER INFORMATION CONTACT: Dragan Momcilovic, Center for Veterinary Medicine (HFV-226), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-453-6856, e-mail: *dragan.momcilovic@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: On October 28, 2004, FDA approved a supplemental new animal drug application (sNADA 95-735) filed by Elanco Animal Health for RUMENSIN (monensin sodium) Type A medicated article adding use in a new class of cattle (dairy cows) for increased milk production efficiency (69 FR 68783, November 26, 2004). On December 15, 2005, FDA approved another supplement to NADA 95-735 for use in dairy cow component feeding systems (71 FR 1689, January 11, 2006). The approval of each of these new conditions of use resulted in the amendment of the animal drug regulations for monensin in § 558.355 (21 CFR 558.355). Since these approvals for use of monensin in dairy cow feeds as well as beef cattle feeds, FDA has become aware of confusion regarding which statements on the approved Type A medicated article labeling also appear on the approved representative labeling (Blue Bird labeling) for Type B and Type C medicated feeds for each class of cattle. At this time, the regulations are being amended in § 558.355 to simplify the organization of special labeling requirements for formulations (Type A medicated articles, Type B and Type C medicated feeds) containing monensin sodium. This action is being taken to improve the clarity of the regulations. Publication of this document constitutes final action on this change under the Administrative Procedures Act (5 U.S.C. 553). Notice and public procedure are unnecessary because FDA is merely correcting nonsubstantive errors. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is amended as follows: PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 1. The authority citation for 21 CFR part 558 continues to read as follows: Authority: 21 U.S.C. 360b, 371. 2. Amend § 558.355 as follows: a. Revise paragraphs (d)(6) through (d)(11); b. Remove paragraph (d)(13); and c. Revise the second sentence of paragraph (f)(3)(xiii)(B), the third sentence of paragraph (f)(3)(xiv)(B), and the sixth sentence of paragraph (f)(6)(i)( *b* )( *1* ). The revisions read as follows: § 558.355 Monensin.

(d)* * *

(6)All formulations containing monensin shall bear the following caution statement: Do not allow horses or other equines access to feed containing monensin. Ingestion of monensin by horses has been fatal.

(7)Type A medicated articles containing monensin intended for use in cattle and goats shall bear, in addition to the caution statement in paragraph (d)(6) of this section, the following statements:

(i)Monensin medicated cattle and goat feeds are safe for use in cattle and goats only. Consumption by unapproved species may result in toxic reactions.

(ii)Feeding undiluted or mixing errors resulting in high concentrations of monensin has been fatal to cattle and could be fatal to goats.

(iii)Must be thoroughly mixed in feeds before use.

(iv)Do not feed undiluted.

(v)Do not exceed the levels of monensin recommended in the feeding directions, as reduced average daily gains may result.

(vi)Do not feed to lactating goats.

(vii)If feed refusals containing monensin are fed to other groups of cattle, the concentration of monensin in the refusals and amount of refusals fed should be taken into consideration to prevent monensin overdosing.

(viii)A withdrawal period has not been established for this product in pre-ruminating calves. Do not use in calves to be processed for veal.

(ix)You may notice the following: Reduced voluntary feed intake in dairy cows fed monensin. This reduction increases with higher doses of monensin fed. Rule out monensin as the cause of reduced feed intake before attributing to other causes such as illness, feed management, or the environment. Reduced milk fat percentage in dairy cows fed monensin. This reduction increases with higher doses of monensin fed. Increased incidence of cystic ovaries and metritis in dairy cows fed monensin. Reduced conception rates, increased services per animal, and extended days open and corresponding calving intervals in dairy cows fed monensin. Have a comprehensive and ongoing nutritional, reproductive, and herd health program in place when feeding monensin to dairy cows.

(x)Inadequate mixing (recirculation or agitation) of monensin liquid Type B or Type C medicated feeds has resulted in increased monensin concentration which has been fatal to cattle and could be fatal to goats.

(8)Type A medicated articles containing monensin intended for use in chickens shall bear the caution statements specified in paragraphs (d)(6), (d)(7)(iii), and (d)(7)(iv) of this section.

(9)Type B feeds containing monensin shall bear the statements specified in the following paragraphs of this section when intended for use in:

(i)*Cattle (as described in paragraphs (f)(3)(i) through (f)(3)(xii) of this section)* : See paragraphs (d)(6), (d)(7)(i) through (d)(7)(v), (d)(7)(vii), and (d)(7)(viii) of this section.

(ii)*Dairy cows (as described in paragraphs (f)(3)(xiii) and (f)(3)(xiv) of this section)* : See paragraphs (d)(6), (d)(7)(i) through (d)(7)(iv), (d)(7)(vii), (d)(7)(viii), and (d)(7)(ix) of this section.

(iii)*Goats* : See paragraphs (d)(6) and (d)(7)(i) through (d)(7)(vi) of this section.

(10)Type C feeds containing monensin shall bear the statements specified in the following paragraphs of this section when intended for use in:

(i)*Cattle (as described in paragraphs (f)(3)(i) through (f)(3)(xii) of this section)* : See paragraphs (d)(6), (d)(7)(i), (d)(7)(v), (d)(7)(vii), and (d)(7)(viii) of this section.

(ii)*Dairy cows (as described in paragraphs (f)(3)(xiii) and (f)(3)(xiv) of this section)* : See paragraphs (d)(6), (d)(7)(i), (d)(7)(vii), (d)(7)(viii), and (d)(7)(ix) of this section.

(iii)*Goats* : See paragraphs (d)(6), (d)(7)(i), (d)(7)(v), and (d)(7)(vi) of this section.

(11)Type B and Type C liquid feeds requiring recirculation or agitation that contain monensin and are intended for use in cattle (including dairy cows) and goats shall bear the caution statement specified in paragraph (d)(7)(x) of this section.

(f)* * *

(3)* * *

(xiii)* * *

(B)* * * See special labeling considerations in paragraph

(d)of this section.

(xiv)* * *

(B)* * * See special labeling considerations in paragraph

(d)of this section.

(6)* * *

(i)* * * ( *b* ) * * * ( *1* ) * * * See special labeling considerations in paragraph

(d)of this section. Dated: October 31, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-19203 Filed 11-13-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD [9297]] RIN 1545-BG02 Residence Rules Involving U.S. Possessions AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations that provide rules for determining bona fide residency in the following U.S. territories: American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands under section 937(a) of the Internal Revenue Code. DATES: *Effective Date:* These regulations are effective November 14, 2006. *Applicability Dates:* For dates of applicability, see § 1.937-1(i). FOR FURTHER INFORMATION CONTACT: J. David Varley,

(202)435-5262 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background On April 11, 2005, the IRS and Treasury Department published in the **Federal Register** temporary regulations (TD 9194, 70 FR 18920, as corrected at 70 FR 32589-01), which provided rules to implement section 937 of the Internal Revenue Code

(Code)dealing with U.S. possessions or territories specified in that section (territories) and to conform existing regulations to other legislative changes with respect to the territories. A notice of proposed rulemaking (REG-159243-03, 70 FR 18949) cross-referencing the temporary regulations was published in the **Federal Register** on the same day. Written comments were received in response to the notice of proposed rulemaking and a public hearing on the proposed regulations was held on July 21, 2005. After consideration of the comments, the IRS and Treasury Department on January 31, 2006 published in the **Federal Register** final regulations (TD 9248, 71 FR 4996, as corrected at 71 FR 14099) under section 937(a) dealing with determining residency in a territory, adopting with amendments the proposed regulations (specifically, §§ 1.937-1 and 1.881-5T(f)(4)). Section 937(a) provides that an individual is a bona fide resident of a territory if the individual meets a presence test, a tax home test and a closer connection test. In order to satisfy the presence test, a person must be present in the territory for at least 183 days during the taxable year (the 183-day rule), unless otherwise provided in regulations. The final section 937(a) regulations provide several alternatives to the 183-day rule in the statute. Treasury Reg. § 1.937-1 provides that an individual who does not satisfy the 183-day rule nevertheless meets the presence test if the individual satisfies one of three alternative tests:

(1)The individual spends no more than 90 days in the United States during the taxable year;

(2)the individual has no more than $3,000 of earned income from U.S. sources and is present for more days in the territory than in the United States during the taxable year; or

(3)the individual has no significant connection to the United States during the tax year. The term “significant connection” is generally defined as a permanent home, voter registration, spouse, or minor child in the United States. The final regulations also provide that certain days count as days of presence in the relevant territory for the purposes of the presence test, even if the person was not physically present in the territory. Similarly, certain days that an individual spends in the United States do not count as days of presence in the United States for purposes of the presence test. Before finalizing the regulations, the IRS and Treasury Department received comments suggesting that days spent outside of a territory for nonmedical family emergencies, charitable pursuits or business travel should count as days spent in the territory and outside the United States. The IRS and Treasury Department were sympathetic to the concern that the realities of life in the territories might require periodic temporary absences from the territories, but found that the particular suggestions would have been very difficult to implement and monitor administratively. Further, the IRS and Treasury Department declined to adopt the commentators' suggestion to import a simple mirroring of the substantial presence test of section 7701(b) on the ground that Congress had considered but rejected this approach for determining residency in a territory. See H.R. Conf. Rep. No. 108-755, at 791-795 (2004). Nonetheless, the IRS and Treasury Department believed that final regulations provided meaningful advantages to taxpayers over the proposed and temporary regulations. Explanation of Provisions Following publication of the final regulations, additional comments were made requesting that the IRS and Treasury Department revisit the presence test. For example, one commentator requested that up to 30 days of business or personal travel outside the United States and the territory be treated as days of presence in a territory. The IRS and Treasury Department continue to be sympathetic to the concern that the realities of life in the territories might require periodic temporary absences from the territories for business pursuits, have concluded nonetheless that such a rule would be administratively difficult to implement and monitor. In addition, commentators have not been able to offer meaningful suggestions to alleviate this concern. The IRS and Treasury Department believe that in these situations, the 183-day rule in combination with the alternatives to that rule, as liberalized in the final regulations, provide sufficient flexibility to accommodate absences from the territory to pursue a range of activities. In addition, a commentator argued that the treatment of major disasters should be liberalized to allow individuals to spend time away from the territories in the event of a natural disaster. This commentator said the final regulations only provide rules for evacuations of territories, which suggests the IRS and Treasury Department do not realize that the territories are typically not evacuated in the event of natural disasters such as a hurricane. This commentator appears to have misunderstood the final regulations. The final regulations already address the commentator's concerns and provide that if an individual leaves, or is unable to return to, a relevant territory during a two-week period within which an officially declared major disaster in the relevant territory occurs, then the individual will not count any day during either period as a day of presence in the United States, even though the individual is not present in the United States, and will treat such days as days of presence in the relevant territory. In addition, the regulations provide for relief in case there ever is a natural disaster that would warrant the evacuation of a territory. The IRS and Treasury Department recognize that it is currently not the custom to evacuate the territories in the event of natural disasters such as a hurricane. However, the IRS and Treasury Department continue to think it best to retain the rules regarding evacuations so that the regulations are flexible enough to allow for such an event should it ever occur. Individuals who remain in the territories during the natural disaster obviously can count those days for the presence test. Commentators also requested that outpatient care be added to the permitted types of qualifying medical treatment. Under the final regulations, a temporary stay in the United States for certain documented medical treatment of the individual, or a parent, spouse or child whom the individual accompanies to the treatment, will not count as days spent in the United States for purposes of the alternatives to the 183-day rule, irrespective of where the medical condition arose. The final regulations focus on inpatient treatment in a hospital, hospice or residential medical care facility and the formal credentials of the health care provider as an objective proxy for a determination that a medical condition is serious enough to entail periods of treatment that may not be readily covered by other alternatives to the 183-day rule. The IRS and Treasury Department continue to believe that in medical situations not otherwise provided for in the final regulations, the 183-day rule in combination with the alternatives to that rule, as liberalized in these final regulations, provide sufficient flexibility to accommodate absences from the territories. Finally, these post-publication comments suggested a new alternative to the presence test whereby U.S. citizens and residents should be permitted to satisfy the 183-day rule of section 937(a)(1) by meeting some type of averaging test that would better accommodate the realities of business cycles and life in the territories. The IRS and Treasury Department believe that this final new suggestion is administrable and achieves the additional flexibility the commentators sought for the host of activities commentators discussed above and for which the commentators suggested additional exceptions to the 183-day rule. As amended by this Treasury decision, the final regulations now incorporate a new alternative to the presence test that requires the individual to be present in the relevant territory for a simple nonweighted three-year average of 183 days per year, provided that a minimum of 60 days of presence is met in each of those three years. Thus, under this alternative, an individual will satisfy the presence test for a taxable year if the individual is present in the relevant territory a minimum of 549 days during the three-year period that includes the current taxable year and the two preceding taxable years, so long as the individual is also present in the relevant territory for a minimum of 60 days in each year during that three-year period. This test is in addition to the existing regulatory alternatives to the statutory test and incorporates the existing rules for counting days. In light of the additional flexibility achieved by the new three-year averaging alternative adopted in this Treasury decision, the IRS and Treasury Department have determined not to adopt the other amendments suggested by commentators. These suggestions were each felt to be either not appropriate or difficult to administer. The new three-year averaging alternative, together with the existing available alternatives, provides individuals with sufficient flexibility in applying the presence test. It is not expected that any further amendments will be made to the bona fide residence rules of § 1.937-1. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. Because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking preceding these regulations was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is J. David Varley, Office of the Associate Chief Counsel (International), IRS. However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 is amended by adding entries in numerical order to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * Section 1.937-1 also issued under 26 U.S.C. 937(a). * * * **Par. 2.** Section 1.937-1 is amended as follows: 1. Revise paragraph (c)(1) and (c)(5) introductory text. 2. Amend paragraph

(g)by redesignating *Examples 1* through *9* as *Examples 2* through *10* respectively, adding new *Example 1* , and revising newly designated *Example 2,* the last sentence; *Example 3* , the ninth sentence; and *Example 6* , the sixth sentence. The revisions and addition read as follows: § 1.937-1 Bona fide residency in a possession.

(c)*Presence test—*

(1)*In general.* A United States citizen or resident alien individual (as defined in section 7701(b)(1)(A)) satisfies the requirements of this paragraph

(c)for a taxable year if that individual—

(i)Was present in the relevant possession for at least 183 days during the taxable year;

(ii)Was present in the relevant possession for at least 549 days during the three-year period consisting of the taxable year and the two immediately preceding taxable years, provided that the individual was also present in the relevant possession for at least 60 days during each taxable year of the period;

(iii)Was present in the United States for no more than 90 days during the taxable year;

(iv)During the taxable year had earned income (as defined in § 1.911-3(b)) in the United States, if any, not exceeding in the aggregate the amount specified in section 861(a)(3)(B) and was present for more days in the relevant possession than in the United States; or

(v)Had no significant connection to the United States during the taxable year. See paragraph (c)(5) of this section.

(5)*Significant connection.* For purposes of paragraph (c)(1)(v) of this section—

(g)Examples. * * * Example 1. *Presence test.* H, a U.S. citizen, is engaged in a profession that requires frequent travel. H spends 195 days of each of the years 2005 and 2006 in Possession N. In 2007, H spends 160 days in Possession N. Under paragraph (c)(1)(ii), H satisfies the presence test of paragraph

(c)of this section with respect to Possession N for taxable year 2007. Assuming that in 2007 H does not have a tax home outside of Possession N and does not have a closer connection to the United States or a foreign country under paragraphs

(d)and

(e)of this section respectively, then regardless of whether H was a bona fide resident of Possession N in 2005 and 2006, H is a bona fide resident of Possession N for taxable year 2007. Example 2. *Presence test.* * * * However, under paragraph (c)(1)(iv) of this section, W still satisfies the presence test of paragraph

(c)of this section with respect to Possession P because she has no earned income in the United States and is present for more days in Possession P than in the United States. Example 3. *Presence test.* * * * Assuming that no other accommodations in the United States constitute a permanent home with respect to T, then under paragraphs (c)(1)(v) and (c)(5) of this section, T has no significant connection to the United States. * * * Example 6. *Seasonal workers—Tax home and closer connection.* * * * P satisfies the presence test of paragraph

(c)of this section with respect to both Possession Q and Possession I, because, among other reasons, under paragraph (c)(1)(iii) of this section she does not spend more than 90 days in the United States during the taxable year. * * * Linda M. Kroening, Acting Deputy Commissioner for Services and Enforcement. Approved: November 3, 2006. Eric Solomon, Acting Deputy Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E6-19135 Filed 11-13-06; 8:45 am] BILLING CODE 4830-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 707 and 799 [EPA-HQ-OPPT-2005-0058; FRL-8101-3] RIN 2070-AJ01 Export Notification; Change to Reporting Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is promulgating amendments to the Toxic Substances Control Act

(TSCA)section 12(b) export notification regulations at subpart D of 40 CFR part 707. One amendment changes the current annual notification requirement to a one-time requirement for exporters of chemical substances or mixtures (hereinafter referred to as “chemicals”) for which certain actions have been taken under TSCA. Relatedly, for the same TSCA actions, EPA is changing the current requirement that the Agency notify foreign governments annually after the Agency's receipt of export notifications from exporters to a requirement that the Agency notify foreign governments once after it receives the first export notification from an exporter. EPA is also promulgating *de minimis* concentration levels below which notification will not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required, promulgating other minor amendments (to update the EPA addresses to which export notifications must be sent, to indicate that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, and to correct an error in 40 CFR 799.19 that currently omits mentioning multi-chemical test rules as being among those final TSCA section 4 actions that trigger export notification), and clarifying exporters' and EPA's obligations where an export notification-triggering action is taken with respect to a chemical previously or currently subject to export notification due to the existence of a previous triggering action. DATES: This rule is effective January 16, 2007. In accordance with 40 CFR 23.5, this rule shall be promulgated for purposes of judicial review at 1 p.m. eastern daylight/standard time on November 28, 2006. ADDRESSES: EPA has established a docket for this action under docket identification

(ID)number EPA-HQ-OPPT-2005-0058. All documents in the docket are listed on the regulations.gov web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. The EPA Docket Center (EPA/DC) suffered structural damage due to flooding in June 2006. Although the EPA/DC is continuing operations, there will be temporary changes to the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which was temporarily closed due to flooding, has been relocated in the EPA Headquarters Library, Infoterra Room (Room Number 3334) in EPA West, located at 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the EPA/DC Public Reading Room is

(202)566-1744, and the telephone number for the OPPT Docket is

(202)566-0280. EPA visitors are required to show photographic identification and sign the EPA visitor log. Visitors to the EPA/DC Public Reading Room will be provided with an EPA/DC badge that must be visible at all times while in the EPA Building and returned to the guard upon departure. In addition, security personnel will escort visitors to and from the new EPA/DC Public Reading Room location. Up-to-date information about the EPA/DC is on the EPA website at *http://www.epa.gov/epahome/dockets.htm* . FOR FURTHER INFORMATION CONTACT: *For general information contact:* Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact:* Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(202)564-9232; e-mail address: *moss.kenneth@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information You may be potentially affected by this action if you export or intend to export any chemical substance or mixture for which any of the following actions have been taken under TSCA with respect to that chemical substance or mixture: Data are required under TSCA section 4 or 5(b), an order has been issued under TSCA section 5, a rule has been proposed or promulgated under TSCA section 5 or 6, or an action is pending, or relief has been granted under section 5 or 7. Potentially affected entities, identified using the North American Industrial Classification System (NAICS) codes, may include, but are not limited to: • Exporters of chemical substances or mixtures (NAICS codes 325 and 324110; e.g. chemical manufacturing and processing, and petroleum refineries). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The NAICS codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions at 40 CFR 707.60 for TSCA section 12(b)-related obligations. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . You may obtain a copy of both the U.S. Department of Health and Human Services National Toxicology Program

(NTP)Report on Carcinogens (latest edition) (Ref. 1) and the World Health Organization International Agency for Research on Cancer

(IARC)Monographs on the Evaluation of Carcinogenic Risks to Humans and their Supplements (latest editions) (Ref. 2) on-line. II. Background A. What is the Agency's Authority for Taking this Action? EPA is promulgating these amendments pursuant to TSCA section 12(b), 15 U.S.C. 2611(b). Section 12(b) of TSCA requires that any person who exports or intends to export to a foreign country a chemical for which the submission of data is required under TSCA section 4 or 5(b), an order has been issued under TSCA section 5, a rule has been proposed or promulgated under TSCA section 5 or 6, or with respect to which an action is pending or relief has been granted under TSCA section 5 or 7 must notify the Administrator of EPA of such exportation or intent to export. Upon receipt of such notification, EPA must furnish the government of the importing country with: 1. Notice of the availability of data received pursuant to an action under TSCA section 4 or 5(b), or 2. Notice of such rule, order, action, or relief under TSCA section 5, 6, or 7. B. Currently Existing Regulations Currently, the TSCA section 12(b) regulations require exporters of chemicals to notify EPA of the first export or intended export to a particular country in a calendar year when data are required under TSCA section 5(b), an order has been issued under TSCA section 5, a rule has been proposed or promulgated under TSCA section 5 or 6, or an action is pending, or relief has been granted under TSCA section 5 or 7. For chemicals subject to a final TSCA section 4 action, exporters are currently required to submit an export notification only for the first export or intended export to a particular country. In the **Federal Register** of December 16, 1980, EPA promulgated rules at 40 CFR part 707, subpart D, implementing TSCA section 12(b) (Ref. 3). Under these rules, exporters were required to submit a written notification to EPA for the first export or intended export to a particular country in a calendar year for any chemical that was the subject of a TSCA section 12(b)-triggering TSCA action. Upon receipt of such notification from an exporter, the implementing rules required (and still require) that EPA provide the importing country with, among other things, a summary of the action taken or an indication of the availability of data received pursuant to action under TSCA section 4 or 5(b) (see 40 CFR 707.70(b)). To facilitate foreign governments' consideration of export notices for chemicals exported from the United States and to reduce the burden on EPA and exporters, EPA published a rule in the **Federal Register** of July 27, 1993, that amended the regulations in 40 CFR part 707, subpart D (Ref. 4). The amendment limited the notification requirement for each exporter of chemicals subject to a final TSCA section 4 action to a one-time notification to EPA for the export of each such chemical to each particular country, instead of requiring annual notification to EPA for shipments of the chemical to that country. The amended rule also limited EPA's notice to foreign governments to one time for the export of each chemical subject to a final TSCA section 4 action. The 1993 amendment did not change the export notification requirements for chemicals that are the subject of an action under TSCA section 5, 6, or 7. The 1993 amendment also did not change the frequency of EPA's notice to foreign governments for chemicals subject to TSCA section 5, 6, or 7; EPA notice is provided upon receipt of the first annual export notification for each such chemical to each country. C. What Action is the Agency Taking? EPA is amending TSCA section 12(b) export notification regulations at subpart D of 40 CFR part 707. The first amendment changes the current annual notification requirement for exporters of chemicals for which certain actions have been taken under TSCA. Currently, the TSCA section 12(b) regulations require exporters of chemicals to notify EPA of the first export or intended export to a particular country in a calendar year when data are required under TSCA section 5(b), an order has been issued under TSCA section 5, a rule has been proposed or promulgated under TSCA section 5 or 6, or an action is pending, or relief has been granted under TSCA section 5 or 7. For chemicals subject to a final TSCA section 4 action, exporters are currently required to submit an export notification only for the first export or intended export to a particular country. This final rule changes the current annual export notification requirement to a one-time requirement for each of the following TSCA section 12(b)-triggering actions per each destination country for each exporter of a chemical: • An order issued, an action pending, or an action granting relief under TSCA section 5(e), • A proposed or promulgated rule under TSCA section 5(a)(2), or • An action requiring the submission of data under TSCA section 5(b). For exports of chemicals that are the subjects of TSCA 12(b)-triggering actions under TSCA section 5(f), 6, or 7, however, each exporter will continue to be required to submit annual export notifications to EPA. EPA is also changing the frequency with which the Agency must notify foreign governments after the Agency's receipt of export notifications from exporters. Consistent with the current requirement that EPA notify foreign governments one time regarding the export of chemicals subject to final TSCA section 4 actions, EPA is requiring that the Agency provide a one-time (rather than the current annual) notice to each foreign government to which exported chemicals that are the subjects of any of the following actions are sent: An order issued, an action pending, or an action granting relief under TSCA section 5(e), a rule proposed or promulgated under TSCA section 5(a)(2), or an action requiring the submission of data under TSCA section 5(b). EPA will continue to notify each foreign government on an annual basis regarding the export of chemicals that are the subject of TSCA section 5(f), 6, or 7 actions, for which EPA has proposed to make or has made a finding under TSCA that a chemical substance or mixture “presents or will present” an unreasonable risk. EPA believes this rule will further focus importing governments' resources and attention on chemicals for which EPA has proposed to make or has made a finding under TSCA that a chemical substance or mixture “presents or will present” an unreasonable risk, and to reduce overall burden on exporters and the Agency. In addition, EPA is setting *de minimis* concentration levels below which notification would not be required for the export of any chemical substance or mixture for which export notification under TSCA section 12(b) is otherwise required. Specifically, EPA is finalizing the requirement that export notification will not be required for such chemical substances or mixtures if the chemical is being exported at a concentration of less than 1% (by weight or volume), unless that chemical substance or mixture is a known or potential human carcinogen. A chemical is considered to be a known or potential human carcinogen, for purposes of TSCA section 12(b) export notification, if that chemical is: 1. Listed as a “known to be human carcinogen” or “reasonably anticipated to be human carcinogen” in the Report on Carcinogens issued by the U.S. Department of Health and Human Services National Toxicology Program

(NTP)(latest edition) (Ref. 1), 2. Classified as a Group 1, Group 2A, or Group 2B carcinogen by the World Health Organization International Agency for Research on Cancer

(IARC)in the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans and their Supplements (latest editions) (Ref. 2), or 3. Characterized as a carcinogen or potential carcinogen in the Occupational Safety and Health Administration's (OSHA's) regulations related to toxic and hazardous substances (29 CFR part 1910, subpart Z). For such chemicals in paragraph 1., 2., or 3. of this unit, a *de minimis* concentration level of less than 0.1% (by weight or volume) will apply. 4. A polychlorinated biphenyl (PCB), for which notification will not be required if such PCBs are being exported at a concentration of less than or equal to 50 parts per million

(ppm)(by weight or volume). In this final rule, EPA is also updating the instructions for the submission of export notifications to the Agency (40 CFR 707.65(c)), clarifying exporters' and EPA's obligations when subsequent TSCA section 12(b)-triggering actions are taken with respect to a chemical previously or currently subject to export notification due to a separate triggering action, indicating in 40 CFR 707.67 that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, and correcting 40 CFR 799.19 to make it clear that final multi-chemical TSCA section 4 rules also trigger export notification. D. Rotterdam Convention EPA notes as further background the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention) (Ref. 5), a multi-lateral environmental agreement that the United States signed in September of 1998 but has not yet ratified (and thus is not a Party to). This Rotterdam Convention, which went into force in February of 2004, includes the following major obligations: 1. *Notification of control action and imposition of export notification requirement on exporters* . The Rotterdam Convention requires exporting parties to: Determine whether a pesticide or industrial chemical is “banned” or “severely restricted” (BSR); notify the Secretariat of that determination; and notify importing parties of the export of those chemicals from their country prior to their export after making the BSR determination and thereafter for the first export of every calendar year. 2. *Impose export restrictions consistent with importing parties response* . Once a BSR chemical (and its use category, i.e., use as a pesticide or industrial chemical) is, by consensus of the Parties, added to Annex III of the Rotterdam Convention, the Rotterdam Convention requires importing parties to identify any conditions/restrictions on the import of these substances and exporting parties to make sure exports occur consistent with conditions/restrictions identified by importing countries. Annex III of the Rotterdam Convention contains a list of chemicals that are subject to the Prior Informed Consent Procedures described by the Rotterdam Convention (Ref. 5). 3. *Label exported products* . For countries' domestic BSR chemicals and the Rotterdam Convention's Annex III chemicals, the Rotterdam Convention requires labeling to “ensure adequate availability of information with regard to risks and/or hazards to human health or the environment.” For the Rotterdam Convention's Annex III chemicals, labels must also include a Harmonized System Code if available (Ref. 6). The Harmonized Commodity Description and Coding System, generally referred to as “Harmonized System” or simply “HS,” is a multi-purpose international product nomenclature developed by the World Customs Organization. For an exporting country's BSR chemicals and the Rotterdam Convention's Annex III chemicals that are to be used in an occupational setting, the Rotterdam Convention requires that a safety data sheet setting out the most up-to-date information available be sent to each importer. EPA believes the export notification mechanism in the Rotterdam Convention broadly reflects importing governments' interests and that this proposal to amend the TSCA section 12(b) export notification rule is not inconsistent with the export notification provisions of the Rotterdam Convention. EPA wishes to note that the Administration is committed to the United States becoming a Party to the Rotterdam Convention, as well as two other chemicals-related multi-lateral environmental agreements: the Stockholm Convention on Persistent Organic Pollutants

(POPs)(Stockholm Convention) (Ref. 7) and the POPs Protocol to the United Nations Economic Commission for Europe Convention on Long Range Transboundary Air Pollution (LRTAP) (Ref. 8). The Administration has been and intends to continue working with Congress to facilitate the development of legislation that would provide the authority needed for the United States to fully implement and become a Party to those agreements. If and when such legislation is enacted, and depending on the nature of the legislation, it may be appropriate or necessary to further amend the TSCA section 12(b) regulations. III. Rationale for This Rule EPA believes this rule is a reasonable supplement to the export notification regulations at 40 CFR parts 707 and 799 because it further reduces overall burden on exporters and the Agency and helps to further focus importing governments' resources and attention on chemicals for which EPA has proposed to make or has made a finding that a chemical “presents or will present” an unreasonable risk to human health or the environment. A. This Rule This rule treats actions under TSCA sections 5(a)(2) and 5(e) similarly to final actions under TSCA section 4 for purposes of export notification, such that a one time notice will be required. In the 1993 amendments, it was EPA's view that TSCA section 5(a)(2) and 5(e) actions, which are based on exposure or risk concerns for identified use scenarios, “restrict” in a limited sense, regulated uses. The amendments further stated that the Agency has authority to take follow-up action under TSCA section 5(a)(2) via TSCA section 5(e) and because there is no similar provision under TSCA section 4 (with the exception of a separate proceeding under TSCA section 6 or 7), there was a reasonable basis for treating the export notification requirement for chemicals regulated under TSCA sections 4 and 5 differently (Ref. 4, p. 40240). Although TSCA sections 5(a)(2) and 5(e) restrict use in some sense, the statutory finding for such actions is based on consideration of “factors” relating to a “significant new use” determination under TSCA section 5(a)(2) or, for TSCA section 5(e), the same “may present an unreasonable risk” or “substantial production/significant/substantial exposure” findings required under TSCA section 4 rulemakings. EPA believes foreign governments will want to focus greater attention on chemicals for which the Agency has made a finding that a chemical “presents or will present” an unreasonable risk to human health or the environment (TSCA sections 5(f), 6, and 7). This finding represents a definitive determination and thus is different from a finding that a chemical “may present” an unreasonable risk (TSCA sections 4(a)(1)(A)(i) and 5(e)(1)(A)(ii)(I)), substantial production and substantial or significant exposure/release findings (“exposure-based” findings; TSCA sections 4(a)(1)(B)(i), 5(b)(4)(A)(i), and 5(e)(1)(A)(ii)(II)), or factors determining a significant new use (TSCA section 5(a)(2)). Because “presents or will present” an unreasonable risk to human health or the environment is a definitive risk determination, EPA believes that it is reasonable to require more frequent notification for those chemicals that are the subject of each export notification-triggering action under TSCA sections 5(f), 6, and 7. Therefore, EPA is continuing to require annual export notification by exporters of chemicals that are the subject of each action under TSCA section 5(f), 6, or 7, and EPA is similarly amending the regulatory provision regarding EPA's notice to foreign governments to limit annual notices to these chemicals. B. De Minimis Exemption EPA is also promulgating *de minimis* concentration levels below which notification will not be required for the export of any chemical that is the subject of an action under TSCA section 4, 5, 6, or 7. This rule provides background on the use of *de minimis* concentration levels under an international chemical classification and labeling scheme as a basis for incorporation of a *de minimis* concentration level under TSCA section 12(b). The 1992 United Nations Conference on Environment and Development (Ref. 9) provided the international mandate for development of the Globally Harmonized System of Classification and Labeling of Chemicals (Ref. 10). The GHS was adopted by the United Nations Economic and Social Council in July 2003 and is an internationally agreed upon tool for chemical hazard communication that incorporates a harmonized approach to hazard classification and provisions for standardized labels and safety data sheets. The GHS labeling is intended to provide a foundation for national programs to promote safer use, transport and disposal of chemicals, and to facilitate international trade in chemicals whose hazards have been properly assessed and identified based on internationally agreed upon criteria. As with TSCA section 12(b), one of the primary purposes of the GHS labeling scheme is to communicate information on chemicals to foreign governments. Accordingly, EPA believes it is appropriate to look to GHS for guidance on establishing a *de minimis* concentration exemption under TSCA section 12(b). Classification of chemical mixtures under the GHS for several health and environmental hazard classes is triggered when generic cut-off values or concentration limits are exceeded, for example, >1.0% for target organ systemic toxicity, >0.1% for known or presumed human carcinogens, etc. (See Ref. 10, chapter 1.5, table 1.5.1; the cut-off levels for each hazard class are provided in chapters 3.1-3.10 (health hazards) and chapter 4.1 (environmental hazards) of Ref. 10.) When a chemical is present below these cut-off levels, the GHS does not require that the chemical appear on labeling or other information sources. The GHS reflects international consensus on appropriate *de minimis* concentrations below which governments do not find information useful for hazard communication on chemicals in international (or domestic) commerce. TSCA section 12(b) is primarily intended to alert and inform foreign governments, in a general manner, of hazards that may be associated with a chemical substance or mixture. As a result, EPA believes it is logical to refer to GHS as a guide to implementation of TSCA section 12(b). EPA believes the inclusion of *de minimis* concentration thresholds in GHS is indicative of foreign governments' likely preference not to be notified by the United States about its export of chemicals present in low concentrations. In order to implement an exemption from export notification requirements for chemicals exported in *de minimis* concentrations, EPA is establishing *de minimis* concentration levels below which notification would not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required. Specifically, export notification will not be required for such chemicals if the chemical is being exported at a concentration of less than 1% (by weight or volume), with two exceptions. The first exception would be made for chemicals treated for export notification purposes as known or potential human carcinogens. These chemicals are identified in the regulation based on the three sources referred to in OSHA's regulations related to hazard communication (29 CFR 1910.1200(d)(4)), i.e.: 1. Listed as a “known to be human carcinogen” or “reasonably anticipated to be human carcinogen” in the Report on Carcinogens issued by the U.S. Department of Health and Human Services National Toxicology Program

(NTP)(latest edition) (Ref. 1), 2. Classified as a Group 1, Group 2A, or Group 2B carcinogen by the World Health Organization International Agency for Research on Cancer

(IARC)in the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans and their Supplements (latest editions) (Ref. 2), or 3. Characterized as a carcinogen or potential carcinogen in OSHA's regulations related to toxic and hazardous substances (29 CFR part 1910, subpart Z). For paragraphs III.B.1., 2. and 3., a *de minimis* concentration level of less than 0.1% (by weight or volume) will apply, except for PCBs regarding which a *de minimis* concentration level of 50 ppm or less will apply, as in this unit. For purposes of monitoring compliance with notice requirements for chemical substances or mixtures subject to this rule as covered in 40 CFR 707.60(c)(2)(i) and

(ii)of the regulatory text, EPA will consider the lists maintained by the World Health Organization, International Agency for Research on Cancer

(IARC)and the US Department of Health and Human Services, Public Health Service, National Toxicology Program

(NTP)as the definitive sources. The NTP Report on Carcinogens is mandated by section 301(b)(4) of the Public Health Service Act, as amended (42 U.S.C. 201 *et seq* .), which stipulates that the Secretary of the Department of Health and Human Services shall publish an annual report which contains a list of all substances: • Which either are known to be carcinogens in humans or may reasonably be anticipated to be human carcinogens • To which a significant number of persons residing in the United States are exposed. In 1993, the Public Health Service Act was amended by Public Law 95-622 to change the frequency of publication of the Report on Carcinogens from an annual to a biennial report. The IARC Monographs on the Evaluation of Carcinogenic Risks to Humans are independent assessments prepared by international working groups of experts of the evidence on the carcinogenicity of a wide range of agents, mixtures and exposures. The evaluations of IARC Working Groups are scientific, qualitative judgments on the evidence for or against carcinogenicity provided by the available data. The Monographs are used by national and international authorities to make risk assessments, formulate decisions concerning preventive measures, provide effective cancer control programs and decide among alternative options for public health decisions. The third source of carcinogens or potential carcinogens which is referred to in OSHA's regulations related to hazard communication (29 CFR 1910.1200(d)(4)) is the group of carcinogens or potential carcinogens in OSHA's toxic and hazardous substances regulations (29 CFR part 1910, subpart Z). In lieu of referencing OSHA's regulations directly in the regulatory text, this rule incorporates at 40 CFR 707.60(c)(2)(iii) the two chemicals characterized by OSHA as carcinogens or potential carcinogens that are not already included on either the NTP or IARC lists referenced. The rest of the chemicals characterized by OSHA as carcinogens or potential carcinogens are included on either or both the NTP Report on Carcinogens (latest edition) (Ref. 1) and/or IARC Monographs and their Supplements (latest editions) (Ref. 2). Concentration threshold levels like those used in the GHS context are also generally accepted or recognized in other United States Federal regulatory contexts. The OSHA has established 1.0% and 0.1% concentration thresholds as a basis for requiring the development of Material Safety Data Sheets (MSDSs) and workplace labeling under the OSHA's Hazard Communication (HAZCOM) Standard (29 CFR 1910.1200) (Ref. 11). The Emergency Planning and Community Right-to-Know Act, section 313 (Toxic Release Inventory (TRI)) regulations use the OSHA HAZCOM Standard for purposes of establishing a chemical's *de minimis* concentration as either 0.1% or 1.0% for chemical substances when present in a mixture (40 CFR 372.38(a)). EPA's TSCA New Chemicals Program also uses concentration limits of 1.0% and 0.1% in TSCA section 5(e) consent orders as thresholds for hazard communication and personal protective equipment requirements (Ref. 12). EPA believes that in the context of TSCA section 12(b) export notification, foreign governments will have little interest in notices regarding exports of chemicals present in *de minimis* concentrations, and that notices for such exports may divert attention from notices for exports of chemicals in higher concentrations that potentially may warrant more serious consideration. Thus, EPA believes that *de minimis* concentration thresholds are justified in the context of its TSCA section 12(b) regulations and is promulgating that the export of chemicals present at a concentration below the specified *de minimis* concentration levels be exempt from notification requirements. As EPA has noted in the past, some chemicals retain their toxic properties at levels less than the general thresholds in this rule, so the *de minimis* concentration thresholds established in this TSCA section 12(b) context are not an indication that EPA has determined that chemicals are generally not toxic at lesser concentrations. The *de minimis* concentration exemption in this rule is only a reflection of the circumstances under which EPA believes foreign governments want to receive information regarding chemicals imported into their countries. In addition to paragraphs III.B.1., 2, and 3., the second exception to the generally applicable *de minimis* concentration level of 1% is made for PCBs, which, when exported in a concentration of greater than 50 ppm, require the submission of an export notification. EPA believes it is appropriate to include a different *de minimis* concentration level for PCBs in its TSCA section 12(b) regulations (i.e., levels less than or equal to 50 ppm versus the general 1% and 0.1% for carcinogens levels) after considering the coverage of PCBs under certain international treaties and/or guidance materials developed thereunder, including the Stockholm Convention and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) (Ref. 13). Note that the manufacture and distribution in commerce of PCBs for use within the United States or for export from the United States are generally prohibited, with certain exceptions (see, for example, 40 CFR 761.20(b) and (c)). The Stockholm Convention, which entered into force on May 17, 2004, and for which there were 128 Parties and 151 Signatories as of August 2006 (the United States is a Signatory but not yet a Party), includes, among other things, provisions that require Parties to reduce and/or eliminate the production and use of listed intentionally produced chemicals or pesticides (Ref. 7). Annex A of the Stockholm Convention lists chemicals subject to elimination, including PCBs which are listed with a specific exemption for “articles in use in accordance with the provisions of Part II of this Annex.” Part II of Annex A of the Stockholm Convention states, in part: “Each Party shall:

(a)With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) by 2025, subject to review by the Conference of the Parties, take action in accordance with the following priorities . . .

(iii)Endeavour to identify and remove from use equipment containing greater than 0.005 percent [50 ppm] polychlorinated biphenyls and volumes greater than 0.05 litres . . .

(d)Except for maintenance and servicing operations, not allow recovery for the purpose of reuse in other equipment of liquids with polychlorinated biphenyls content above 0.005 per cent;

(e)Make determined efforts designed to lead to environmentally sound waste management of liquids containing polychlorinated biphenyls and equipment contaminated with polychlorinated biphenyls having a polychlorinated biphenyls content above 0.005 per cent, in accordance with paragraph 1 of Article 6, as soon as possible but no later than 2028, subject to review by the Conference of the Parties;

(f)In lieu of note

(ii)in Part I of this Annex, endeavour to identify other articles containing more than 0.005 per cent polychlorinated biphenyls (e.g., cable-sheaths, cured caulk and painted objects) and manage them in accordance with paragraph 1 of Article 6;” Annex A of the Stockholm Convention thus focuses attention on PCBs in equipment or articles where the PCBs are at a concentration of more than 50 ppm. In addition, the Basel Convention, which entered into force on May 5, 1992, and for which there were 166 governments that were Parties as of November 2005 (the United States is a Signatory but not yet a Party), stipulates that any transboundary movement of wastes (export, import, or transit) is permitted only when the movement itself and the disposal of the concerned hazardous or other wastes are environmentally sound. The Stockholm Convention directs close cooperation with the Basel Convention to define a “low POPs content” for purposes of safe disposal of wastes contaminated with POPs. Under the Basel Convention, “General Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with Persistent Organic Pollutants” (Basel POPs Guidelines) have been developed that provisionally identify the level of 50 milligrams/kilogram (mg/kg) (50 ppm) as “low POPs content” for PCBs. (Ref. 14). Because the 50 ppm level is used in the Stockholm Convention as a cutoff level for purposes of obligations associated with PCB-containing equipment and has been further supported by the Basel POPs Guidelines as a low level not warranting the attention and control required for higher PCB levels, EPA believes it reasonable to use it as the basis of a *de minimis* concentration level for PCBs under TSCA section 12(b). Thus, at this time, EPA believes importing governments will not desire export notices from the United States for PCBs at levels of 50 ppm or less. EPA believes that the most practical means of maintaining the quality of notification, of improving the scrutiny importing countries give to notices, and of reducing burden on both exporters and EPA, is to amend the TSCA section 12(b) regulations under 40 CFR part 707 to reduce the frequency of certain export notifications submitted by exporters to EPA as well as EPA notices sent to foreign governments. EPA's responsibility is both to alert and to make information and data available to the importing government. EPA believes that although the frequency of EPA's notices to foreign governments may be reduced by this rule, the quality of the information provided to them will not be substantially affected. C. Additional Amendments and Clarifications In addition to the amendments to the TSCA section 12(b) regulations regarding the scope of exporters' and EPA's responsibilities, the Agency is promulgating minor amendments to update the EPA addresses to which export notifications must be sent (40 CFR 707.65(c)), to indicate that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, and to correct an error in 40 CFR 799.19 that currently omits mentioning multi-chemical test rules as being among those final TSCA section 4 actions that trigger export notification. EPA is also clarifying exporters' and EPA's obligations where a TSCA section 12(b)-triggering action is taken with respect to a chemical previously or currently subject to export notification due to the existence of a previous triggering action. EPA's intention is that exporters notify EPA with respect to each TSCA section 12(b)-triggering action to which the chemical becomes subject (as long as the exporter in fact still exports or intends to export the chemical to that country) even if they have previously notified EPA about the export of that chemical to that country as a result of an earlier TSCA section 12(b)-triggering action. Note that an export notification may indicate more than one triggering action, i.e., separate export notifications need not be submitted where the need for export notification as a result of more than one triggering action at the same time exists with respect to a given chemical. Similarly, EPA would notify a foreign government with respect to each TSCA section 12(b)-triggering action to which the chemical becomes subject (as long as the Agency continues to receive an export notification from any exporter for the export of the chemical to that country) even if it has previously notified that government about the export of the chemical as a result of an earlier TSCA section 12(b)-triggering action. In this rule, EPA is amending 40 CFR 707.65 and 707.70 in order to make these obligations clear. IV. Response to Public Comments The Agency received 48 comments on the proposed rule that was issued in the Federal Register of February 9, 2006 (71 FR 6733) (FRL-7752-2). Copies of all comments received are available in the public docket for this action. A discussion of the comments germane to the rulemaking and the Agency's response follows: 1. *Comment—Response to Four Questions Listed in Unit VI of the Proposed Rule.* Unit VI. of the proposed rule provided four issues on which the Agency was specifically requested public comment. These issues were: • Whether the proposed reporting thresholds (1.0%, 0.1%, and 50 ppm) are set at a reasonable level for the purposes of TSCA section 12(b), and if not, what other, if any, level(s) may be appropriate and why? • Whether it is appropriate to look to GHS for guidance on establishing a *de minimis* concentration exemption under TSCA section 12(b). • Whether the Stockholm Convention is an appropriate basis for selecting a 50 ppm threshold for PCBs. • EPA estimated that the *de minimis* concentration exemption would reduce the burden of TSCA section 12(b) reporting by 5%. EPA sought information that might further inform the Agency's burden estimate. *Response* . Public comments received overwhelmingly supported the proposed *de minimis* reporting thresholds, the use of GHS as guidance for these thresholds, and the use of the Stockholm Convention as a basis for selecting a 50 ppm threshold for PCBs. All commenters agreed that there would be burden reduction, although quantifying this was difficult and there were suggestions for other amendments that could result in further or “more meaningful” burden reduction. Estimates ranged from at least the 5% Agency estimate in the proposed rule to much greater than 50%. EPA is adjusting its burden reduction estimates in response to comments received. Following are more specific burden-related comments. 2. *Comment* . The concept of establishing three separate thresholds is cumbersome and likely more resource intensive than what is in place today. A more accurate estimate of cost or burden is needed. Commenters questioned the Agency's choice of 5% for its estimate of burden reduction or decrease in TSCA 12(b) reporting for an individual company resulting from the proposed rule, and EPA received a number of estimates, ranging from greater than the Agency's estimate of 5% up to one commenter stating that its TSCA section 12(b) reporting will decrease by 100% if the *de minimis* exemption is adopted. Some commenters noted that costs incurred in reprogramming computerized systems that ensure compliance with TSCA reporting may be such that several years will be required before a net burden reduction will be achieved for some business entities, and noted that these do not seem to have been recognized in the economic analysis. The point was also made that if industry does what is needed in order to not ‘over-report' without the use of a consolidated EPA master list of chemicals subject to reporting requirements, then companies will likely add burden to their current operations, while EPA will see a reduction in notifications received. *Response* . While the public responses to EPA's request to quantify the potential burden reduction as a result of the *de minimis* exemption varied greatly, the responses appear to assert that the reduction may be larger than the Agency's previously estimated 5%. Taking into account the range of comments, including seven firms that estimated a reduction of at least 50%, EPA is now estimating that the overall reduction will be 20%. EPA disagrees with the implication, by one commenter, that the addition of the new *de minimis* reporting thresholds will not achieve meaningful burden reduction, and points to the overwhelming support of the public comments received on the proposed rule, including support for the thresholds themselves as technically appropriate. With regards to potential computer reprogramming costs, EPA does not at this time have enough information, and the commenter did not provide specific estimates, to gauge such costs. Such costs are not part of the Agency's burden estimates because they are not imposed by EPA; they are activities that companies may engage in on their own. 3. *Comment— No expected burden reduction* . While supporting the expansion of one-time notification in this rule, one commenter did not think that the associated burden reduction will be significant. The commenter stated that the change may somewhat reduce the number of notification letters submitted, but it does not fundamentally affect the steps necessary for compliance and the burden associated with it. *Response.* EPA agrees with this commenter that the fundamental steps necessary to comply with the regulations are not changed by the amendments to the rule. However, the reduction in the frequency and number of notification letters will lead to a reduction in the burden and costs associated with submitting those letters. 4. *Comment* . The proposed rule is silent as to the management costs that are incurred for compliance with TSCA section 12(b) reporting obligations. The coordination required to identify known and trace ingredients in various chemical products and mixtures, along with supervision of the complex processes required to communicate this information to the export administration and regulatory compliance personnel is not adequately presented in the proposed rule. The costs of compliance with TSCA section 12(b) reporting requirements for small and medium sized facilities are not sufficiently considered by the proposed rule. For substances such as pigments that are manufactured from complex intermediate ingredient products that may in turn be manufactured from many more ingredients, the proposed rule does not consider the cost of analyzing all of these sources for the possible substances present or known to be potentially present in finished products. As a result, the costs of compliance with the existing TSCA section 12(b) reporting rule is underestimated significantly by EPA. Therefore compliance with TSCA section 12(b) is not a simple exercise in collecting a list of products which might be exported, as the proposed rule indicates. Nor is the task complete when such a list of products is identified for TSCA section 12(b) compliance. Additionally, industry has been required to prepare clarification letters for EPA to provide to foreign governments when shipments subject to notification are received and the notification covers only trace contaminants in the product. Many foreign governments have, and continue to, request clarification, since the notice provided by EPA does not indicate that only trace *de minimis* amounts of regulated substances are present. In summary, the cost of compliance with the current regulatory scheme is extensive and underestimated by EPA in its proposed rule. *Response* . EPA has presented the costs and burdens more fully in the Economic Analysis for the rule, including costs and burdens associated with anticipated activities involved in compliance determination. As the TSCA section 12(b) regulations apply identically regardless of company size, EPA assumes that small and medium-sized companies would go through the same process that larger companies would to comply with the TSCA section 12(b) regulations. Since the burden and cost figures presented by EPA represent an average, EPA also recognizes that certain companies, such as pigment manufacturers, may have higher-than-average burdens, and thus exceed the estimates in the Economic Analysis, while other companies may have lower than average burdens and thus experience lower costs than the EPA estimates. EPA never intended the estimates to represent a worst-case scenario as presented by the commenter. The clarification letters mentioned by the commenter are not required by the TSCA section 12(b) reporting regulations, and as such are not included in the estimated costs of the TSCA section 12(b) regulations. Further, because *de minimis* concentrations are not subject to export notification, future notices would all pertain to exports exceeding the *de minimis* concentrations, and it should also be noted that the requirement for notice covers only substances known to be in the exported material. 5. *Comment— Timing of export notification: Seven days is not a long enough time to develop and submit export notification to EPA* . Commenters noted that the “within seven days of forming the intent to export” timing in 40 CFR 707.65(a)(3) for submitting export notification to EPA does not originate in the TSCA section 12(b) statutory language. One commenter stated “Compliance with this timeframe requires an ongoing system of identifying exports, checking them for potential 12(b) components, and generating letters almost immediately.” One commenter requested that the phrase “or on the date of export, whichever is earlier” be removed from 40 CFR 707.65(a)(3), stating that many companies have automated systems which track composition and distribution of products, integrated with regulatory data systems that address international regulatory elements. As to not interfere with systems running in multi-national environments, companies typically briefly suspend sytem operations to allow for data extracts and maintenance after normal business hours. The commenter stated that phrase in 40 CFR 707.65(a)(3) has the effect of requiring companies to implement separate processes, usually manual, to “catch” those samples/products that trigger an export notification where processing of an order after hours would not allow compliance with the “postmarked on the date of export” requirement for notification to EPA. This is especially relevant with overnight sample shipments. Other commenters suggested changing 7 days to 30 days (as is currently the case for TSCA section 8(e) reporting), quarterly, annually or some other reasonable timeframe. *Response* . The proposed rule did not address timing of submission of export notification and the Agency may investigate this issue further. If EPA decides to initiate additional amendments to TSCA section 12(b) export notification requirements, it may consider further adjusting this timeframe. 6. *Comment— Allow Electronic Reporting Under TSCA Section 12(b)* . Commenters suggested adding “either in written or electronic form” at 40 CFR 707.65(a)(1), that such reporting would be easier, less time consuming than by letter, especially for non-CBI. *Response* . EPA agrees with the commenter that there are technologies and solutions that can streamline the export notification submission process. In fact, EPA is putting in place such a process for the upcoming Inventory Update Reporting ( *http://www.epa.gov/iur* ) and hopes to use this type of technological solution for other TSCA data submissions, including TSCA section 12(b), in the future. 7. *Comment— EPA Should Maintain an Official List of Chemicals Subject to TSCA 12(b) Reporting* . Commenters requested that, to avoid confusion and possible over-reporting, EPA should maintain an official list of chemicals subject to TSCA section12(b) reporting, identifying which ones qualify for the various new *de minimis* thresholds. *Response* . The Agency does make publicly available on the Internet the “Current List of Chemical Substances Subject to TSCA Section 12(b) Export Notification Requirements,” at *http://www.epa.gov/opptintr/chemtest/pubs/main12b.htm* . However, this listing is intended simply as an information resource to facilitate compliance with TSCA section 12(b). It does identify which chemicals are subject to TSCA section 4, section 5 generally, section 6, and section 7 actions. This list will be revised to distinguish chemicals subject to TSCA section 5(f) (annual export notification requirement) from the remainder of the section 5 chemicals (subject to actions under TSCA section 5(e), 5(a)(2), or 5(b), for which there is now a one-time TSCA section 12(b) export notification requirement). The list does not identify those substances considered to be known or potential human carcinogens for purposes of TSCA section 12(b) export notification (i.e., those substances for which reporting would be required at concentrations of 0.1% or more (by weight or volume)). That information is available from the IARC and NTP documents cited in the 40 CFR 707.60(c)(2)(i) and (ii), and from 40 CFR 707.60(c)(2)(iii), which lists the two chemicals characterized by OSHA as carcinogens or potential carcinogens and which are currently not included in either the NTP or IARC documents. 8. *Comment— Accept one-time reporting, per country, per chemical* . Comments requested that one notification for a particular chemical to a country suffice for subsequent notifications on that same chemical to the same country but from a different chemical exporter. This would avoid duplicative reporting. *Response* . 40 CFR 707.60(a) and TSCA section 12(b) state that “any person” who exports or intends to export a chemical subject to TSCA section 12(b) triggering action must notify EPA. Thus, the statute specifies that the notification requirement pertains to each exporter. EPA believes the commenters' suggestion is not consistent with TSCA, or the intended function of this required notification in terms of the receiving countries. 9 *. Comment— The proposed exemption should also include Research and Development samples, byproducts, and impurities* . Commenter claimed that domestic manufacturers, batch manufacturers of pigments in particular, are at disadvantage under the current and proposed reporting scheme. Exported samples for customer evaluation and testing represent small quantities and are sent to foreign manufacturers with expertise in evaluating products and as a result should not require formal TSCA export notification. *Response* . EPA has not completely foreclosed the creation of some or all of these additional exemptions. EPA will consider this suggestion if it undertakes another, future amendment to the 12(b) regulations. 10. *Comment—Eligibility prior to effective date of final rule* . Allow TSCA section 5(e), 5(a)(2), or 5(b) notifications submitted prior to the effective date of the final rule to also be eligible to qualify for the new one-time notification. *Response* . The Agency believes this suggestion is consistent with the Agency's goal of focusing foreign government attention on certain TSCA actions. Therefore, any export notice for a chemical subject to a TSCA section 5(e), 5(a)(2), or 5(b) action submitted prior to the effective date of this final rule would satisfy the one-time reporting requirement established in the new rule. 11. *Comment—Objection to a notification requirement for future, multiple TSCA actions* . Two commenters stated that companies should not have to re-notify EPA when a chemical already subject to a TSCA section 12(b) triggering action becomes subject to a new action. *Response* . EPA's intention is to clarify that exporters need to notify EPA with respect to each TSCA section 12(b)-triggering action under TSCA to which the chemical becomes subject (as long as the exporter in fact still exports or intends to export the chemical to that country), even if they have previously notified EPA about the export of that chemical to that country as a result of an earlier 12(b)-triggering action. EPA will re-notify the receiving country. EPA has amended 40 CFR 707.65 and 707.70 in order to make these obligations clear. 12. *Comment— Notification on Class 2 substances* . One commenter requested that EPA state that export notifications are not required for Class 2 substances that contain TSCA section 12(b)-subject chemicals. *Response* . It is EPA's position that the export of a Class 2 substance that contains a component that is subject to a TSCA section 12(b)-triggering action triggers export notification. Neither the statutory nor the regulatory language restricts the export notification requirement to exporters of chemical substances and mixtures in particular forms, but instead generally extends export notification requirements to exporters of chemical substances and mixtures without regard to the form in which the chemical substances and mixtures are being or will be exported. Accordingly, any person who exports, or who intends to export, one of the chemical substances contained in a TSCA 12(b)-triggering action in any form is subject to the export notification requirements. This is consistent with the Agency's view regarding the scope of TSCA section 12(b) since the export notification regulations were initially published in the **Federal Register** of December 16, 1980 (Ref. 3). 13. *Comment— Exempt chemicals that are only subject to “information collection rules.”* One commenter suggested an exemption for chemicals subject to “information collection rules,” such as TSCA section 4 actions or section 5 SNURs pending information collection—anything but established risk chemicals—TSCA section 5(f), 6, and 7 actions. *Response* . The commenter's suggestion is inconsistent with TSCA section 12(b). V. Economic Impact EPA has evaluated the potential costs of these amendments. The Agency anticipates that these amendments will reduce the number of export notifications sent to EPA by exporters of chemicals that are the subject of actions under TSCA section 5(e), 5(a)(2), or 5(b), and also eliminate the submission of export notifications from exporters of chemicals otherwise subject to TSCA section 12(b) where they are present at a concentration below the relevant *de minimis* concentration threshold. The amendments will also reduce the number of export notices sent by EPA to foreign governments. These reductions will save both exporter and EPA resources. For the period 1996-2004, EPA received an average of approximately 8,600 export notifications from exporters annually. On average, each year nearly 60% of those export notifications were for chemicals subject to final TSCA section 4 actions, 25% for chemicals that were the subject of actions under TSCA section 5, and the remainder were primarily for chemicals that were the subject of actions under TSCA section 6 and a very few for chemicals subject to actions under TSCA section 7. At this time, EPA is unable to predict with certainty the reduction in export notifications received by EPA from exporters due to the *de minimis* concentration exemption of this rule, but based on comments received on the proposed rule, EPA is estimating a 20% across-the-board reduction in TSCA section 12(b) notification burden to exporters due to the *de minimis* concentration exemption. Based on historical reporting, EPA is able to estimate, after the first year, a 50% reduction in export notifications triggered by TSCA section 5(e), 5(a)(2), or 5(b) actions as a result of the one-time-only provision. Thus, EPA expects to receive approximately 6,000 export notifications annually. These reductions are expected to save the regulated community over $75,000 per year, or over 20% of industry costs. Over 20 years, these amendments should save the regulated community approximately $800,000 at a 7% discount rate, and over $1.1 million at a 3% discount rate. See the Final Economic Analysis of the Amendments to TSCA Section 12(b) Export Notification Requirements (Ref. 15) for details on all cost and burden calculations. The costs to EPA should also be reduced based on these amendments, as EPA incurs costs for processing export notifications received, and for sending export notices to foreign governments. While EPA has been sending roughly 1,600 notices to foreign governments annually, that number is expected to drop as a result of these amendments to an estimated 824 yearly. These reductions are expected to save the Federal Government over $60,000 annually (34% of current costs). Over 20 years, these amendments should save the Federal Government approximately $650,000 at a 7% discount rate, and roughly $900,000 at a 3% discount rate. Over 20 years these amendments should yield a total cost savings to both EPA and industry of $1.46 million at a 7% discount rate and $2.05 million at 3% (Ref. 15). VI. References The official record for this rule has been established under docket ID number EPA-HQ-OPPT-2005-0058, and the public version of the official record is available for inspection as specified under ADDRESSES . The following is a listing of the documents referenced in this preamble that have been placed in the official docket for this rule (see *http://www.regulations.gov* , docket ID number EPA-HQ-OPPT-2005-0058): 1. United States Department of Health and Human Services, Public Health Service. National Toxicology Program. Report on Carcinogens (latest edition). Available on-line at *http://ntp.niehs.nih.gov/index.cfm?objectid=32BA9724-F1F6-975E-7FCE50709CB4C932* . 2. International Agency for Research on Cancer Monographs on the Evaluation of Carcinogenic Risks to Humans and their Supplements. Lists of All Agents Evaluated as Being in Group 1 (carcinogenic to humans), Group 2A (probably carcinogenic to humans), and Group 2B (possibly carcinogenic to humans) (latest editions). Available on-line at *http://www-cie.iarc.fr/monoeval/allmonos.html.* 3. EPA. Chemical Imports and Exports; Notification of Export. Final Rule. **Federal Register** (45 FR 82844, December 16, 1980). Available on-line at *http://www.regulations.gov* , docket ID number EPA-HQ-OPPT-2005-0058. 4. EPA. Export Notification Requirement; Change to Reporting Requirements. Final Rule. **Federal Register** (58 FR 40238, July 27, 1993) (FRL-4067-2). Available on-line at *http://www.regulations.gov* , docket ID number EPA-HQ-OPPT-2005-0058. 5. Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. September, 1998 (amended September, 2004). Available on-line at *http://www.pic.int/en/viewpage.asp?id_cat=0* . Annex III: Chemicals Subject to the Prior Informed Consent Procedure. Available on-line at *http://www.pic.int/en/ViewPage.asp?id=104#III%20Annex* . 6. Harmonized System Convention, World Customs Organization (WCO). Available on-line at *http://www.wcoomd.org/ie/En/Topics_Issues/topics_issues.html* . June 14, 1983. 7. Stockholm Convention on Persistent Organic Pollutants (POPs). May 22, 2001. Available on-line at *http://www.pops.int* . 8. United Nations Economic Commission for Europe Convention on Long Range Transboundary Air Pollution (LRTAP) Protocol on Persistent Organic Pollutants (POPs), June 24, 1998. Available on-line at *http://www.unece.org/env/lrtap/pops_h1.htm* . 9. United Nations Conference on Environment and Development (Earth Summit) Agenda 21; Chapter 19: Environmentally Sound Management of Toxic Chemicals, Including Prevention of Illegal International Traffic in Toxic and Dangerous Products. Rio de Janeiro, June 1992. Available on-line at *http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter19.htm* . 10. GHS. Globally Harmonized System of Classification and Labelling of Chemicals (GHS). United Nations. 2003. Available on-line at *http://www.unece.org/trans/danger/publi/ghs/ghs_rev00/00files_e.html* . 11. OSHA. Hazard Communication. Final Rule. **Federal Register** (48 FR 53280-53348, November 25, 1983). For discussion of 1% and 0.1% cut-off, see pp. 53290-53293. 12. EPA. New Chemicals Program Boilerplate TSCA Section 5(e) Consent Orders. Available on-line at *http://www.epa.gov/opptintr/newchems/boilerpl.htm* . 13. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Adopted by the Conference of the Plenipotentiaries March 22, 1989. Entry into force May 1992. Available on-line at *http://www.basel.int/about.html* . 14. Basel Convention General Technical Guidelines for Environmentally Sound Management of wastes consisting of, containing or contaminated with Persistent Organic Pollutants (POPs). April 2005. Available on-line at *http://www.basel.int/techmatters/techguid/frsetmain.php* . 15. Economic and Policy Analysis Branch, Office of Pollution Prevention and Toxics, EPA. August 2006. Final Economic Analysis of the Amendments to TSCA Section 12(b) Export Notification Requirements. VII. Statutory and Executive Order Reviews A. Executive Order 12866 Under Executive Order 12866, entitled *Regulatory Planning and Review* (58 FR 51735, October 4, 1993), the Office of Management and Budget

(OMB)has determined that this final rule is not a “significant regulatory action” subject to review by OMB, because it does not meet the criteria in section 3(f) of the Executive Order. B. Paperwork Reduction Act The information collection activities associated with export notification under TSCA section 12(b) are already approved by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 *et seq* . That Information Collection Request

(ICR)document has been assigned EPA ICR number 0795, and OMB control number 2070-0030. This final rule does not impose any new information collection burdens that would require additional approval by OMB under PRA, and is expected to reduce existing burden estimates. The currently approved annual public burden for the collection of information covered by OMB Control No. 2070-0030 is estimated to be 0.878 hours per response. Under PRA, “burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal Agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Under PRA, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations codified in chapter 40 of the CFR, after appearing in the preamble of the final rule, are listed in 40 CFR part 9, are displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. For the ICR activity contained in this final rule, in addition to displaying the applicable OMB control number in this Unit, the Agency has also included it on the list in 40 CFR 9.1. C. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq* .), the Agency hereby certifies that promulgation of this rule will not have a significant adverse economic impact on a substantial number of small entities. The factual basis for the Agency's determination is presented in the economic analysis prepared for this rule (Ref. 15), a copy of which is available in the docket for this rulemaking. The following is a brief summary of the factual basis for this certification. Under RFA, small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this rule on small entities, small entity is defined as: 1. A small business as defined by the Small Business Administration's

(SBA)regulations at 13 CFR 121.201, which for the pesticide industry consists of businesses with fewer than 500 to 1,000 employees (range is based on NAICS sector variations). 2. A small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000. 3. A small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. Available information indicates that small governmental jurisdictions and small not-for-profit organizations would not generally engage in the activities regulated by this rule, i.e., the export of chemical substances or mixtures. As such, the Agency's expects that only small businesses will benefit from the burden reduction in this rule. This final rule amends an existing requirement and result in a reduction of burden and costs for all chemical exporters, regardless of the size of the business. As such, these amendments will not have a significant adverse economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. Based on EPA's experience with the TSCA 12(b) reporting, State, local, and tribal governments have not been affected by this reporting requirement, and EPA does not have any reason to believe that any State, local, or tribal government will be affected by these amendments. As such, EPA has determined that this regulatory action does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any affect on such governments, nor will it have these impacts on the private sector. EPA has determined that this rule does not significantly or uniquely affect small governments. Accordingly, this rule is not subject to the requirements of sections 202, 203, 204, or 205 of UMRA. E. Executive Order 13132 This rule does not have a federalism implications because it is not expected to have substantial direct effects on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled *Federalism* (64 FR 43255, August 10, 1999). F. Executive Order 13175 This rule does not have tribal implications because it is not expected to have substantial direct any affect on tribal governments, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in the Order. Thus, Executive Order 13175, entitled * Consultation and Coordination with Indian Tribal Governments * (65 FR 67249, November 6, 2000), do not apply to this rule. G. Executive Order 13045 This action is not subject to Executive Order 13045, entitled *Protection of Children from Environmental Health Risks and Safety Risks* (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. H. Executive Order 13211 This rule is not subject to Executive Order 13211, entitled *Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use* (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use. I. National Technology Transfer Advancement Act Since this action does not involve any technical standards, section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note), does not apply to this action. J. Executive Order 12898 This rule does not have an adverse impact on the environmental and health conditions in low-income and minority communities. Therefore, the Agency does not need to consider environmental justice-related issues as delineated by Executive Order 12898, entitled *Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations* (59 FR 7629, February 16, 1994). VIII. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq* ., generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Parts 707 and 799 Environmental protection, Chemicals, Exports, Hazardous substances, Imports, Incorporation by reference, Reporting and recordkeeping requirements. Dated: November 2, 2006. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. Therefore, 40 CFR chapter I is amended as follows: PART 707—[AMENDED] 1. The authority citation for part 707 continues to read as follows: Authority: 15 U.S.C. 2611(b) and 2612. 2. In §707.60, redesignate paragraphs

(c)through

(e)as paragraphs

(d)through (f), add a new paragraph (c), and revise newly redesignated paragraphs (d), (e), and

(f)to read as follows: §707.60 Applicability and compliance. (c)(1) Except as provided in paragraphs (c)(2) and

(3)of this section no notice of export is required for the export of a chemical substance or mixture for which export notification is otherwise required, where such chemical substance or mixture is present in a concentration of less than 1% (by weight or volume).

(2)No notice of export is required for the export of a chemical substance or mixture that is a known or potential human carcinogen. A chemical is considered to be a known or potential human carcinogen, for purposes of TSCA section 12(b) export notification, if that chemical is:

(i)A chemical substance or mixture listed as a “known to be human carcinogen” or “reasonably anticipated to be human carcinogen” in the Report on Carcinogens (latest edition) issued by the U.S. Department of Health and Human Services, Public Heath Service, National Toxicology Program,

(ii)A chemical substance or mixture is classified as “carcinogenic to humans” (Group 1), “probably carcinogenic to humans” (Group 2A), or “probably carcinogenic to humans” (Group 2B) in the Monographs and Supplements on the Evaluation of Carcinogenic Risks to Humans issued by the World Health Organization International Agency for Research on Cancer (IARC), Lyons, France (latest editions), or

(iii)Alpha-naphthylamine (Chemical Abstract Service Registry Number (CAS No.) 134-32-7) or 4-nitrobiphenyl (CAS No. 92-93-3).

(3)No notice of export is required for the export of polychlorinated biphenyl chemicals

(PCBs)(see definition in 40 CFR 761.3), where such chemical substances are present in a concentration of less than or equal to 50 ppm (by weight or volume).

(d)Any person who exports or intends to export PCBs or PCB articles (see definition in 40 CFR 761.3), for any purpose other than disposal, shall notify EPA of such intent or exportation under TSCA section 12(b), except as specified in §707.60(c)(3). PCBs and PCB articles have the definitions published in 40 CFR 761.3.

(e)Any person who would be prohibited by a TSCA section 5 or 6 regulation from exporting a chemical substance or mixture, but who is granted an exemption by EPA to export that chemical substance or mixture, shall notify EPA under TSCA section 12(b) of such intent to export or exportation.

(f)Failure to comply with TSCA section 12(b) as set forth in this part will be considered a violation of TSCA section 15(3), and will subject the exporter to the penalty, enforcement, and seizure provisions of TSCA sections 16 and 17. 3. In §707.65, revise paragraph

(a)introductory text, (a)(2), and

(c)to read as follows: §707.65 Submission to agency.

(a)For each action under TSCA triggering export notification, exporters must notify EPA of their export or intended export of each subject chemical substance or mixture for which export notice is required under §707.60 in accordance with the following:

(i)The notice must be for the first export or intended export by an exporter to a particular country in a calendar year when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7.

(ii)The notice must only be for the first export or intended export by an exporter to a particular country when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or when the submission of data is required under TSCA section 4 or 5(b). Under this paragraph, notice of export to a particular country is not required if an exporter previously submitted to EPA a notice of export to that country prior to January 16, 2007.

(c)Notices shall be marked “TSCA Section 12(b) Notice” and sent to EPA by mail or delivered by hand or courier. Send notices by mail to: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001 (Attention: TSCA Section 12(b) Notice). Hand delivery of TSCA section 12(b) notices should be made to: OPPT Document Control Office (DCO), EPA East., Rm. 6428, Environmental Protection Agency, 1201 Constitution Ave., NW., Washington, DC (Attention: TSCA Section 12(b) Notice). The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is

(202)564-8930. Such deliveries are only accepted during the DCO's normal hours of operation. §707.67 [Amended] 4. In §707.67, add “and/” before “or” in the first sentence of paragraph

(a)after “6,” and in the parenthetical in paragraph

(e)after “6,”. 5. In §707.70, revise paragraph

(a)to read as follows: §707.70 EPA notice to foreign governments. (a)(1) Notice by EPA to the importing country shall be sent no later than 5 working days after receipt by the TSCA Document Processing Center of the first annual notification from any exporter for each chemical substance or mixture that is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7.

(2)Notice by EPA to the importing country shall be sent no later than 5 working days after receipt by the TSCA Document Processing Center of the first notification from any exporter for each chemical substance or mixture that is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or for which the submission of data is required under TSCA section 4 or 5(b). PART 799—[AMENDED] 6. The authority citation for part 799 continues to read as follows: Authority: 15 U.S.C. 2603, 2611, 2625. 7. By revising §799.19 to read as follows: §799.19 Chemical imports and exports. Persons who export or who intend to export chemical substances or mixtures listed in subpart B, subpart C, or subpart D of this part are subject to the requirements of 40 CFR part 707. [FR Doc. E6-19182 Filed 11-13-06; 8:45 am] BILLING CODE 6560-50-S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-7951] Suspension of Community Eligibility AGENCY: Mitigation Division, Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Final rule. SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program

(NFIP)that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If FEMA receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the **Federal Register** on a subsequent date. DATES: *Effective Dates:* The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Division, 500 C Street, SW., Washington, DC 20472,

(202)646-2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 *et seq.* ; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59 *et seq.* Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the **Federal Register** . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.* This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 is revised 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. § 64.6 [Amended] The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region V Illinois: Algonquin, Village of, Kane and McHenry Counties 170474 September 4, 1974, Emerg; March 16, 1981, Reg; November 16, 2006, Susp 11/16/2006 11/16/2006 Bannockburn, Village of, Lake County 170359 March 7, 1975, Emerg; June 15, 1979, Reg; November 16, 2006, Susp ......do Do. Barrington, Village of, Cook and Lake Counties 170057 October 30, 1974, Emerg; October 16, 1984, Reg; November 16, 2006, Susp ......do Do. Barrington Hills, Village of, Cook, Kane, Lake, McHenry Counties 170058 April 3, 1975, Emerg; August 10, 1979, Reg; November 16, 2006, Susp ......do Do. Carpentersville, Village of, Kane County 170322 September 25, 1974, Emerg; August 17, 1981, Reg; November 16, 2006, Susp ......do Do. Cary, Village of, McHenry County 170475 November 27, 1974, Emerg; July 2, 1980, Reg; November 16, 2006, Susp ......do Do. Cook County, Unincorporated Areas 170054 March 9, 1973, Emerg; April 15, 1981, Reg; November 16, 2006, Susp ......do Do. Crystal Lake, City of, McHenry County 170476 October 21, 1974, Emerg; June 15, 1982, Reg; November 16, 2006, Susp ......do Do. Deerfield, Village of, Lake County 170361 October 13, 1972, Emerg; September 30, 1977, Reg; November 16, 2006, Susp ......do Do. Deer Park, Village of, Lake County 171028 February 17, 1993, Emerg; September 3, 1997, Reg; November 16, 2006, Susp ......do Do. East Dundee, Village of, Cook and Kane Counties 170323 May 9, 1975, Emerg; March 16, 1981, Reg; November 16, 2006, Susp ......do Do. Elgin, City of, Cook and Kane Counties 170087 May 29, 1975, Emerg; March 1, 1982, Reg; November 16, 2006, Susp ......do Do. Fox Lake, Village of, Lake and McHenry Counties 170362 March 9, 1973, Emerg; September 29, 1978, Reg; November 16, 2006, Susp ......do Do. Fox River Grove, Village of, McHenry County 170477 April 17, 1973, Emerg; June 4, 1980, Reg; November 16, 2006, Susp ......do Do. Gilberts, Village of, Kane County 170326 September 4, 1996, Emerg; December 20, 2002, Reg; November 16, 2006, Susp ......do Do. Greenwood, Village of, McHenry County 171057 December 4, 1997, Emerg; December 4, 1997, Reg; November 16, 2006, Susp ......do Do. Hampshire, Village of, Kane County 170327 January 14, 1976, Emerg; March 2, 1981, Reg; November 16, 2006, Susp ......do Do. Harvard, City of, McHenry County 170479 July 23, 1974, Emerg; November 15, 1979, Reg; November 16, 2006, Susp ......do Do. Highland Park, City of, Lake County 170367 April 5, 1973, Emerg; November 5, 1980, Reg; November 16, 2006, Susp ......do Do. Hoffman Estates, Village of, Cook and Kane Counties 170107 November 10, 1972, Emerg; May 19, 1981, Reg; November 16, 2006, Susp ......do Do. Holiday Hills, Village of, McHenry County 170936 August 8, 1977, Emerg; April 1, 1982, Reg; November 16, 2006, Susp ......do Do. Huntley, Village of, Kane and McHenry Counties 170480 June 6, 1975, Emerg; December 15, 1992, Reg; November 16, 2006, Susp ......do Do. Inverness, Village of, Cook County 170111 November 27, 1974, Emerg; June 1, 1981, Reg; November 16, 2006, Susp ......do Do. Island Lake, Village of, Lake and McHenry Counties 170370 January 24, 1975, Emerg; September 16, 1982, Reg; November 16, 2006, Susp ......do Do. Johnsburg, Village of, McHenry County 170486 June 27, 1975, Emerg; June 18, 1980, Reg; November 16, 2006, Susp ......do Do. Kane County, Unincorporated Areas 170896 July 29, 1976, Emerg; March 1, 1982, Reg; November 16, 2006, Susp ......do Do. Lake County, Unincorporated Areas 170357 April 4, 1973, Emerg; November 3, 1982, Reg; November 16, 2006, Susp ......do Do. Lake Barrington, Village of, Lake County 170372 June 25, 1975, Emerg; January 2, 1981, Reg; November 16, 2006, Susp ......do Do. Lake Forest, City of, Lake County 170374 April 23, 1974, Emerg; February 18, 1981, Reg; November 16, 2006, Susp ......do Do. Lake-in-the-Hills, Village of, McHenry County 170481 December 12, 1974, Emerg; July 5, 1983, Reg; November 16, 2006, Susp ......do Do. Lakemoor, Village of, Lake and McHenry Counties 170915 March 5, 1976, Emerg; January 19, 1983, Reg; November 16, 2006, Susp ......do Do. Lakewood, Village of, McHenry County 170805 March 25, 1974, Emerg; September 4, 1985, Reg; November 16, 2006, Susp ......do Do. Marengo, City of, McHenry County 170482 June 27, 1973, Emerg; August 1, 1979, Reg; November 16, 2006, Susp ......do Do. McCullom Lake, Village of, McHenry County 170829 March 3, 1975, Emerg; August 19, 1985, Reg; November 16, 2006, Susp ......do Do. McHenry, City of, McHenry County 170483 January 17, 1974, Emerg; November 19, 1980, Reg; November 16, 2006, Susp ......do Do. McHenry County, Unincorporated Areas 170732 January 15, 1974, Emerg; September 30, 1981, Reg; November 16, 2006, Susp ......do Do. North Barrington, Village of, Lake County 170383 May 27, 1975, Emerg; October 18, 1983, Reg; November 16, 2006, Susp ......do Do. Port Barrington, Village of, McHenry County 170478 January 19, 1973, Emerg; March 4, 1980, Reg; November 16, 2006, Susp ......do Do. Prairie Grove, Village of, McHenry County 170975 October 26, 1992, Emerg; November 16, 2006, Reg; November 16, 2006, Susp ......do Do. Richmond, Village of, McHenry County 170484 May 9, 1975, Emerg; July 16, 1981, Reg; November 16, 2006, Susp ......do Do. Riverwoods, Village of, Lake County 170387 August 21, 1975, Emerg; August 15, 1980, Reg; November 16, 2006, Susp ......do Do. South Barrington, Village of, Cook County 170161 August 1, 1975, Emerg; July 16, 1981, Reg; November 16, 2006, Susp ......do Do. Spring Grove, Village of, McHenry County 170485 February 10, 1975, Emerg; November 4, 1981, Reg; November 16, 2006, Susp ......do Do. Union, Village of, McHenry County 170487 July 18, 1973, Emerg; August 15, 1983, Reg; November 16, 2006, Susp ......do Do. Volo, Village of, Lake County 171042 April 3, 1998, Emerg; April 3, 1998, Reg; November 16, 2006, Susp ......do Do. Wauconda, Village of, Lake County 170396 January 13, 1975, Emerg; December 1, 1981, Reg; November 16, 2006, Susp ......do Do. Wonder Lake, Village of, McHenry County 170976 October 2, 1980, Emerg; August 15, 1983, Reg; November 16, 2006, Susp ......do Do. Woodstock, City of, McHenry County 170488 June 12, 1974, Emerg; June 15, 1979, Reg; November 16, 2006, Susp ......do Do. * ......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: October 27, 2006. David I. Maurstad, Mitigation Division Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-19117 Filed 11-13-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: *Effective Dates:* The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Division Director has resolved any appeals resulting from this notification. This final rule is issued in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR Part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR Part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground modified Communities affected Cook County, Illinois and Incorporated Areas Docket No.: FEMA-P-7921 Buffalo Creek Just upstream of Elmhurst Road *653 Village of Wheeling. Just downstream of Aptakisic Road *667 Wheeling Drainage Ditch Just downstream of Wolf Road *641 Cook County (Unincorporated Areas). Approximately 400 feet downstream of Elmhurst Road *652 Village of Wheeling. William Rogers Memorial Diversion Channel Approximately 300 feet upstream of the confluence with Des Plaines River *644 Cook County (Unincorporated Areas). At divergence from Wheeling Drainage Ditch *646 Village of Wheeling. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Cook County, Illinois (Unincorporated Areas) Maps are available for inspection at Cook County Building and Zoning Department, 69 West Washington, Suite 2830, Chicago, Illinois. Village of Wheeling, Cook County, Illinois Maps are available for inspection at Wheeling Village Hall, Engineer's Office, 255 West Dundee Road, Wheeling, Illinois. Calhoun County, South Carolina and Incorporated Areas Docket No.: FEMA-B-7462 Lake Marion At the Sumter County/Clarendon County line +76 Calhoun County (Unincorporated Areas). At the Calhoun County/Orangeburg County line +76 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Calhoun County Maps are available for inspection at Calhoun County, Office of Building and Planning, 102 Courthouse Drive, Suite 112, St. Matthews, SC 29135. Maury County, Tennessee and Incorporated Areas Docket No.: FEMA-B-7458 Duck River Approximately 6,680 feet downstream of the confluence Roberts Bend Branch +562 Maury County (Unincorporated Areas). Approximately 2,040 feet downstream of the confluence Little Bigby Creek +576 Duck River Approximately 1,800 feet downstream of the confluence Bear Creek +588 Maury County (Unincorporated Areas), City of Columbia. Approximately 3,680 feet upstream of the confluence Flat Creek +634 Fountain Creek At the confluence of Fountain Creek with Duck River +604 Maury County (Unincorporated Areas). Approximately 3,000 feet upstream of Culleoka Highway +663 Silver Creek At the confluence of Silver Creek with Fountain Creek +604 Maury County (Unincorporated Areas). Approximately 200 feet upstream of Kerr Road +661 # Depth in feet above ground. * National Geodetic Vertical Datum. North America Vertical Datum. (NOTE: NGVD+.069=NAVD). ADDRESSES Unincorporated Areas of Maury County Maps are available for inspection at the Community Map Repository, County Courthouse, 41 Public Square, Columbia, TN 38401. City of Columbia Maps are available for inspection at the Community Map Repository, 707 North Main Street, Columbia, TN 38401. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: November 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-19116 Filed 11-13-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., CFM, Acting Section Chief, Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472,

(90)days have elapsed since that publication. The Mitigation Division Director has resolved any appeals resulting from this notification. This final rule is issued in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/ county Source of flooding Location #Depth in feet above ground *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)Modified Columbia County, Arkansas Docket No.: FEMA-B-7456 Arkansas Columbia County Nations Creek Approximately 500 feet downstream from Nations Creek and Calhoun Road +269 Approximately 7,000 feet upstream from Nations Creek and Highway 82 +285 Columbia County Barlow Branch Approximately 2,500 feet downstream from Highway 82 and Barlow Branch +259 Approximately 1,200 feet downstream from Highway 371 and Barlow Branch +267 Columbia County Tributary to Barlow Branch Confluence of Barlow Branch and Tributary to Barlow Branch +262 Intersection of the Louisiana and Northwest Railway and Tributary to Barlow Branch +277 Columbia County Tributary to Big Creek Approximately 2,900 feet upstream from the confluence of Big Creek and Tributary to Big Creek +252 Approximately 2,400 feet downstream from Height Street and Tributary to Big Creek +258 Columbia County Tanyard Branch Approximately 1,800 feet downstream from Tanyard Branch and the Louisiana and Northwest Railway +264 Approximately 600 feet downstream from Tanyard Branch and the Louisiana and Northwest Railway +266 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Columbia County Maps are available for inspection at the Columbia County Courthouse, Court #1 Square, Magnolia, AR 71753. Mount Vernon, South Dakota Docket No.: FEMA-B-7456 South Dakota City of Mt. Vernon Dry Run Creek At 7th Street +1400 Approximately 300 feet upstream of West Railroad Street +1412 East Drainage Approximately 400 feet upstream of Main Street +1411 At 397th Avenue +1415 Diversion At intersection 397th Avenue and 253rd Street +1405 At Railroad Street +1417 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Mt. Vernon Maps are available for inspection at the Mount Vernon Community Center, 500 North Main Street, Mt. Vernon South Dakota 57363. Teton County, Wyoming (FEMA Docket No. B-7456) Wyoming Teton County Flat Creek Just upstream of High School Road *6113 Town of Jackson Just upstream of U.S. Highway 26 *6214 Teton County Spring Creek Approximately 1400 feet downstream of Tribal Trail Road *6125 Town of Jackson Approximately 400 feet upstream of U.S. Highway 22 *6158 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Teton County Maps are available for inspection at the Teton County Administration Building, 200 South Willow, Jackson, Wyoming 83001. Town of Jackson Maps are available for inspection at Town Hall, 150 East Pearl Avenue, Jackson, Wyoming 83001. Flooding source(s) Location of referenced elevation * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground Modified Communities affected San Diego County and Incorporated Areas Docket No.: FEMA-B-7456 Agua Hedionda Creek Approximately 1,400 feet downstream of Melrose Drive. * 308 City of Vista. Approximately 200 feet downstream of confluence with Buena Creek * 353 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Vista Maps are available for inspection at the City Hall, 600 Eucalyptus Avenue, Vista, CA 92084. Boulder County, Colorado and Incorporated Areas Docket No.: FEMA-B-7456 Skunk Creek Approximately 50 feet upstream of 30th Street Bridge + 5,312 City of Boulder. Approximately 520 feet upstream of 30th Street + 5,322 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Boulder Maps are available for inspection at Central Records Department, 1777 Broadway, Boulder, Colorado 80302. Dixie County, Florida and Incorporated Areas Docket No.: FEMA-B-7457 Suwannee River Approximately 14.4 miles downstream of U.S. Route 19 + 12 Dixie County (Unincorporated Areas). Approximately 2.8 miles upstream of County Highway 340 + 28 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Dixie County (Unincorporated Areas) Maps available for inspection at the Dixie County Planning and Zoning Department, 405 Southeast 22nd Avenue, Cross City, Florida. Escambia County, Florida and Incorporated Areas Docket No.: FEMA-B-7457 Tributary to Elevenmile Creek Approximately 750 feet upstream of the confluence with Elevenmile Creek + 36 Escambia County (Unincorporated Areas). Approximately 2.83 miles upstream of the confluence with Elevenmile Creek + 74 Carpenters Creek Approximately 1,120 feet upstream of 12th Avenue + 10 Escambia County (Unincorporated Areas) and City of Pensacola. Approximately 1,833 feet upstream of Interstate 10 + 84 Tributary to Carpenters Creek At the confluence with Carpenters Creek + 64 Escambia County (Unincorporated Areas). Approximately 1,260 feet upstream of Dirt Road + 84 Tributary to Bridge Creek

(West)At the confluence with Bridge Creek + 16 Escambia County (Unincorporated Areas). Approximately 2,650 feet upstream of the confluence with Bridge Creek + 24 Tributary to Bridge Creek

(East)At the confluence with Bridge Creek + 16 Escambia County (Unincorporated Areas). Approximately 2,500 feet upstream of the confluence with Bridge Creek + 20 Tributary 1 to Bayou Grande At the confluence with Bayou Grande + 9 Escambia County (Unincorporated Areas). Approximately 1,000 feet upstream of Blue Angel Parkway + 20 Tributary 2 to Bayou Grande At the confluence with Bayou Grande + 7 Escambia County (Unincorporated Areas). Approximately 2,200 feet upstream of Gulf Beach Boulevard + 20 Tributary 3 to Bayou Grande At the confluence with Bayou Grande + 7 Escambia County (Unincorporated Areas). Approximately 0.8 mile upstream of Blue Angel Parkway + 26 Tributary 4 to Bayou Grande At the confluence with Bayou Grande + 7 Escambia County (Unincorporated Areas). Approximately 2,750 feet upstream of the confluence with Bayou Grande + 16 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Pensacola Maps available for inspection at the City of Pensacola Inspection Services, 14 West Jordan Street, Pensacola, Florida. Escambia County (Unincorporated Areas) Maps available for inspection at the Escambia County Building Inspections, 3300 North Pace Boulevard, Suite 300, Pensacola, Florida. Gilchrist County Florida and Incorporated Areas Docket No.: FEMA-B-7457 Suwannee River Approximately 1.7 miles downstream of U.S. Route 19 + 19 City of Fanning Springs, Gilchrist County (Unincorporated Areas). Approximately 8.2 miles upstream of Highway 340 + 31 Santa Fe River Approximately 2.8 miles upstream of State Route 47 +37 City of Fanning Springs, Gilchrist County (Unincorporated Areas). Approximately 5.9 miles upstream of State Route 47 +40 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Fanning Springs Maps available for inspection at the Fanning Springs City Hall, 17651 Northwest 90th Court, Fanning Springs, Florida. Gilchrist County (Unincorporated Areas) Maps available for inspection at the Gilchrist County Building and Zoning Department, 209 Southeast First Street, Trenton, Florida. Lafayette County Florida and Incorporated Areas Docket No.: FEMA-B-7457 Suwannee River Approximately 14.5 miles downstream of U.S. Highway 27 +28 Lafayette County (Unincorporated Areas). Approximately 10,000 feet upstream of County Road 250 +59 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Lafeyette County (Unincorporated Areas) Maps available for inspection at the Lafayette County Building and Zoning Department, 120 West Main Street, Mayo, Florida. Cherokee County Georgia and Incorporated Areas Docket No.: FEMA-B-7456 Tate Creek Approximately 1,350 feet downstream of Yorkshire Drive +897 City of Woodstock, Cherokee County (Unincorporated Areas). Approximately 4,900 feet upstream of Flood Retarding Structure No. 17 +944 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please add 0.10 feet. ADDRESSES Cherokee County (Unincorporated Areas) Maps are available for inspection at 130 East Main Street, Suite 106, Canton, Georgia. City of Woodstock Maps are available for inspection at 103 Arnold Mill Road, Woodstock, Georgia. Gwinnett County, Georgia and Incorporated Areas Docket No.: FEMA-B-7457 Alcovy River At the county boundary +784 Gwinnett County (Unincorporated Areas). Approximately 4,420 feet upstream of Old Fountain Road +1074 Tributary A At the confluence with Alcovy River +795 Gwinnett County (Unincorporated Areas). Approximately 3,615 feet upstream of Callie Still Road +844 Tributary B At the confluence with Alcovy River +989 Gwinnett County (Unincorporated Areas). Approximately 2,055 feet upstream of Hood Road +1,012 Apalachee River At the county boundary +823 Gwinnett County (Unincorporated Areas). Approximately 12,240 feet upstream of Old Fountain Road +1,107 Tributary No. 1 At the county boundary +826 Gwinnett County (Unincorporated Areas). Approximately 4,615 feet upstream of Bold Springs Road +992 Tributary No. 3 At the confluence with Apalachee River +887 Gwinnett County (Unincorporated Areas). Approximately 2,325 feet upstream of Old Freemans Mill Road +942 Tributary No. 4 At the confluence with Apalachee River +908 Gwinnett County (Unincorporated Areas). Approximately 5,900 feet upstream of Bailey Road +966 Bay Creek At the county boundary +794 Gwinnett County (Unincorporated Areas). Approximately 590 feet upstream of Briscoe Road +960 Beaver Ruin Creek At the confluence with Sweetwater Creek +862 Gwinnett County (Unincorporated Areas). Approximately 2,690 feet upstream of Everglades Trail +978 Tributary No. 1 At the confluence with Beaver Ruin Creek +905 City of Norcross, Gwinnett County (Unincorporated Areas). Approximately 200 feet upstream of Live Oak Parkway +983 Tributary No. 2 At the confluence with Beaver Ruin Creek +933 City of Norcross, Gwinnett County (Unincorporated Areas). Approximately 150 feet upstream of North Norcross Tucker Road +963 Bell Creek At the confluence with Suwanee Creek +926 City of Suwanee, Gwinnett County (Unincorporated Areas). Approximately 1,280 feet upstream of Lake Louella Dam +974 Berkeley Lake (Mill Creek Tributary (Stream 6.1)) Entire shoreline +977 City of Berkeley Lake. Big Haynes Creek At the county boundary +849 City of Snellville, Gwinnett County (Unincorporated Areas). Approximately 100 feet upstream of Hillside Drive +956 Tributary A At the confluence with Big Haynes Creek +883 City of Snellville, Gwinnett County (Unincorporated Areas). Approximately 1,490 feet upstream of Athens Highway/U.S. Highway 78/State Highway 10 +945 Bromolow Creek At the confluence with Beaver Ruin Creek +866 City of Duluth, Gwinnett County (Unincorporated Areas). Approximately 5,450 feet upstream of Old Norcross Road +979 Tributary No. 1 At the confluence with Bromolow Creek +889 Gwinnett County (Unincorporated Areas). Approximately 1,560 feet upstream of U.S. Highway 231/State Highway 13/Buford Highway +979 Tributary No. 1.1 At the confluence with Bromolow Creek Tributary No. 1 +913 Gwinnett County (Unincorporated Areas). Approximately 200 feet upstream of Bailey Drive +963 Brushy Creek Approximately 3,080 feet upstream of the confluence with the Chattahoochee River +910 City of Suwanee, Gwinnett County (Unincorporated Areas). Approximately 130 feet upstream of Suwanee Dam Road Northwest +1,014 Brushy Fork Creek At the confluence with Big Haynes Creek +850 Gwinnett County (Unincorporated Areas). Approximately 1,890 feet upstream of Athens Highway/U.S. Highway 78/State Highway 10 +980 Tributary A At the confluence with Brushy Creek +915 Gwinnett County (Unincorporated Areas). Approximately 1,650 feet upstream of SCS Dam 22 +949 Camp Creek Approximately 600 feet upstream of the confluence with Jackson Creek +869 City of Lilburn, Gwinnett County (Unincorporated Areas). At the county boundary +947 Tributary No. 1 At the confluence with Camp Creek +909 City of Lilburn, Gwinnett County (Unincorporated Areas). Approximately 320 feet upstream of Harmony Grove Road +950 Cedar Creek Northwest At the confluence with Alcovy River +952 Gwinnett County (Unincorporated Areas). Just upstream of Progress Center Avenue +1,000 Cedar Creek Northwest Tributary At the confluence with Cedar Creek Northwest +989 City of Lawrenceville, Gwinnett County (Unincorporated Areas). Approximately 4,950 feet above the confluence with Cedar Creek Northwest +1,012 Cedar Creek Southeast At the county boundary +793 Gwinnett County (Unincorporated Areas). Approximately 1,555 feet upstream of New Hope Road +891 Centerville Creek Approximately 560 feet upstream of the confluence with the Yellow River +748 Gwinnett County (Unincorporated Areas). Approximately 770 feet upstream of Johnson Drive +857 Crooked Creek At the county boundary +887 Gwinnett County (Unincorporated Areas). Approximately 3,280 feet upstream of Peachtree Corners Circle +912 Tributary A At the confluence with Crooked Creek +896 Gwinnett County (Unincorporated Areas). Approximately 4,520 feet upstream of Jones Mill Road +941 Tributary No. 1 At the confluence with Crooked Creek +902 Gwinnett County (Unincorporated Areas). Approximately 1,900 feet upstream of the confluence with Crooked Creek +918 Tributary No. 2 Approximately 200 feet upstream of the confluence with Crooked Creek +906 Gwinnett County (Unincorporated Areas). Approximately 600 feet upstream of Engineering Drive +958 Tributary No. 2.1 At the confluence with Crooked Creek Tributary No. 2 +923 City of Norcross, Gwinnett County (Unincorporated Areas). Approximately 515 feet upstream of Sunset Drive (upstream crossing) +971 Tributary No. 2.1.1 At confluence with Crooked Creek Tributary No. 2.1 +944 City of Norcross. Approximately 2,000 feet upstream of Olde Town Park Drive +986 Do Little Creek At the confluence with No Business Creek +760 Gwinnett County (Unincorporated Areas). Approximately 655 feet upstream of Snow Trail +854 Doc Moore Branch At the confluence with No Business Creek +746 Gwinnett County (Unincorporated Areas). Approximately 450 feet upstream of Brittan Glade Trail +814 Drowning Creek (Apalachee River Tributary No. 2) At the confluence with Apalachee River +858 City of Dacula, Gwinnett County (Unincorporated Areas). Just upstream of State Highway 316 +1,001 Duncan Creek Approximately 260 feet downstream of the Gwinnett/Barrow County boundary +816 Town of Braselton, Gwinnett County (Unincorporated Areas). Approximately 2,290 feet upstream of East Rock Quarry Road +1,080 Garner Creek At the confluence with the Yellow River +826 Gwinnett County (Unincorporated Areas). Approximately 250 feet upstream of Lilburn Stone Mountain Road +988 Tributary No. 1 At the confluence with Garner Creek +939 Gwinnett County (Unincorporated Areas). Approximately 940 feet upstream of Breathitt Drive +981 Tributary No. 2 Approximately 60 feet upstream of the confluence with Garner Creek +963 Gwinnett County (Unincorporated Areas). Approximately 1,635 feet upstream of the confluence with Garner Creek +982 Hale Creek At the confluence with Garner Creek +864 City of Lilburn, Gwinnett County (Unincorporated Areas). Approximately 440 feet upstream of Lilburn Stone Mountain Road +935 Hale Creek Tributary At the confluence with Hale Creek +870 Gwinnett County (Unincorporated Areas). Approximately 980 feet upstream of Baltimore Avenue +908 Hopkins Creek At the confluence with Alcovy River +871 City of Dacula, Gwinnett County (Unincorporated Areas). Approximately 1,320 feet upstream of Fence Road +1,009 Ivy Creek At the confluence with Suwanee Creek +956 City of Suwanee, Gwinnett County (Unincorporated Areas). Approximately 160 feet upstream of Thompson Mill Road +1,121 Ivy Creek Tributary At the confluence with Ivy Creek +1,044 Gwinnett County (Unincorporated Areas). Approximately 160 feet upstream of Camp Branch Road +1,129 Jacks Creek At the confluence with the Yellow River +788 Gwinnett County (Unincorporated Areas). Approximately 620 feet upstream of Parkwood Drive +954 Garner Creek Tributary No. 2 Approximately 60 feet upstream of the confluence with Garner Creek +963 Gwinnett County (Unincorporated Areas). Approximately 1,635 feet upstream of the confluence with Garner Creek +982 Hale Creek At the confluence with Garner Creek +864 City of Lilburn, Gwinnett County (Unincorporated Areas). Approximately 440 feet upstream of Lilburn Stone Mountain Road +935 Hale Creek Tributary At the confluence with Hale Creek +870 Gwinnett County (Unincorporated Areas). Approximately 980 feet upstream of Baltimore Avenue +908 Hopkins Creek At the confluence with Alcovy River +871 City of Dacula, Gwinnett County (Unincorporated Areas). Approximately 1,320 feet upstream of Fence Road +1,009 Ivy Creek At the confluence with Suwanee Creek +956 City of Suwanee, Gwinnett County (Unincorporated Areas). Approximately 160 feet upstream of Thompson Mill Road +1,121 Ivy Creek Tributary At the confluence with Ivy Creek +1,044 Gwinnett County (Unincorporated Areas). Approximately 160 feet upstream of Camp Branch Road +1,129 Jacks Creek At the confluence with the Yellow River +788 Gwinnett County (Unincorporated Areas). Approximately 620 feet upstream of Parkwood Drive +954 Jackson Creek At the confluence with Sweetwater Creek +858 City of Lilburn, Gwinnett County (Unincorporated Areas). Just upstream of Old Norcross Tucker Road +960 Tributary No. 1 At the confluence with Jackson Creek +893 Gwinnett County (Unincorporated Areas). Approximately 275 feet upstream of Button Gwinnett Place +935 Tributary No. 2 At the confluence with Jackson Creek +903 Gwinnett County (Unincorporated Areas). Just upstream of Meadow Brook Drive +957 Knox Branch At the confluence with Sweetwater Creek +939 City of Duluth, Gwinnett County (Unincorporated Areas). Just downstream of Lake Norman Dam +962 Lake Norman (Knox Branch) Entire shoreline +992 City of Duluth. Lake No. 1 (Little Suwanee Creek Tributary No. 1) Entire shoreline +989 Gwinnett County (Unincorporated Areas). Lake No. 2 (Sweetwater Creek) Entire shoreline +961 Gwinnett County (Unincorporated Areas). Lanier Creek At the confluence with Bromolow Creek +866 Gwinnett County (Unincorporated Areas). Approximately 375 feet upstream of Interstate Highway 85 +926 Lee Daniel Creek At the confluence with Sweetwater Creek +879 Gwinnett County (Unincorporated Areas). Approximately 520 feet upstream of Sugarloaf Parkway +987 Tributary No. 1 At the confluence with Lee Daniel Creek +884 Gwinnett County (Unincorporated Areas). Approximately 270 feet upstream of Duluth Highway/State Highway 120 +953 Tributary No. 1.1 Approximately 30 feet upstream of the confluence with Lee Daniel Creek Tributary No. 1 +914 Gwinnett County (Unincorporated Areas). Approximately 870 feet upstream of Sugarloaf Parkway +949 Level Creek Approximately 2,200 feet upstream of the confluence with the Chattahoochee River +915 City of Sugar Hill, City of Suwanee, Gwinnett County (Unincorporated Areas). Just upstream of Peachtree Industrial Boulevard +1,048 Tributary No. 1 At the confluence with Level Creek +955 City of Suwanee, Gwinnett County (Unincorporated Areas). Just upstream of Suwanee Dam Road +1,007 Tributary No. 2 At the confluence with Level Creek +973 City of Sugar Hill, Gwinnett County (Unincorporated Areas). Approximately 170 feet upstream of Sugar Ridge Drive +1,022 Little Ivy Creek At the confluence with Ivy Creek +1,023 Gwinnett County (Unincorporated Areas). Approximately 160 feet upstream of Ivy Lake Drive +1,141 Little Mulberry River Approximately 160 feet downstream of the county boundary +833 Gwinnett County (Unincorporated Areas). Approximately 350 feet upstream of Millwater Crossing +988 Tributary A At the confluence with Little Mulberry River +844 Gwinnett County (Unincorporated Areas). Approximately 260 feet upstream of Mineral Springs Road +987 Tributary B At the confluence with Little Mulberry River +847 Gwinnett County (Unincorporated Areas). Approximately 165 feet upstream of Hog Mountain Road +931 Tributary C At the confluence with Little Mulberry River +857 Gwinnett County (Unincorporated Areas). Approximately 545 feet upstream of Hog Mountain Road +885 Tributary D At the confluence with Little Mulberry River +894 Gwinnett County (Unincorporated Areas). Approximately 260 feet upstream of Hog Mountain Road +898 Tributary E At the confluence with Little Mulberry River +894 Gwinnett County (Unincorporated Areas). Approximately 560 feet upstream of Patrick Road +932 Little Suwanee Creek At the confluence with Yellow River +933 City of Lawrenceville, Gwinnett County (Unincorporated Areas). Approximately 590 feet upstream of Buford Drive/State Highway 20 +1,072 Tributary No. 1 At the confluence with Little Suwanee Creek +954 Gwinnett County (Unincorporated Areas). Just downstream of SCS Dam Y-16 +966 Lucky Shoals Creek At the confluence with Jackson Creek +930 Gwinnett County (Unincorporated Areas). Just upstream of Old Norcross Tucker Road +952 Mill Creek At the confluence with Suwanee Creek +929 City of Suwanee, Gwinnett County (Unincorporated Areas). Just upstream of Satellite Boulevard +991 Mill Creek (Stream 6) Approximately 930 feet upstream of the confluence with the Chattahoochee River +898 Gwinnett County (Unincorporated Areas). Just upstream of Bush Road +913 Mill Creek Tributary (Stream 6.1) Approximately 140 feet upstream of the confluence with Mill Creek (Stream 6) +898 City of Berkeley Lake, Gwinnett County (Unincorporated Areas). Approximately 260 feet upstream of Bayway Circle +975 Mitchell Creek At the county boundary +1,014 Gwinnett County (Unincorporated Areas). Approximately 910 feet upstream of South Puckett Lane +1,133 No Business Creek Approximately 895 feet downstream of the county boundary +741 Gwinnett County (Unincorporated Areas). Approximately 840 feet upstream of Scenic Highway/State Highway 124 +1,010 Tributary No. 1 Approximately 900 feet upstream of the confluence with No Business Creek +900 City of Snellville, Gwinnett County (Unincorporated Areas). Approximately 280 feet upstream of Green Valley Road +930 North Fork Peachtree Creek At the county boundary +931 Gwinnett County (Unincorporated Areas). Approximately 1,370 feet upstream of Greenwood Drive +980 Palm Creek At the confluence with Alcovy River +796 Gwinnett County (Unincorporated Areas). Approximately 3,410 feet upstream of Brooks Road +960 Tributary A At the confluence with Palm Creek +851 Gwinnett County (Unincorporated Areas). Approximately 1,690 feet upstream of Brooks Road +926 Pew Creek Approximately 200 feet upstream of the confluence with Yellow River +874 City of Lawrenceville, Gwinnett County (Unincorporated Areas). Approximately 150 feet upstream of Stone Mountain Street +1,012 Tributary No. 1 At the confluence with Pew Creek +962 City of Lawrenceville. Approximately 330 feet upstream of Scenic Highway/State Highway 124 +991 Pounds Creek At the confluence with the Yellow River +815 Gwinnett County (Unincorporated Areas). Approximately 1,290 feet upstream of Brownlee Road +958 Redland Creek At the confluence with Pew Creek +889 City of Lawrenceville, Gwinnett County (Unincorporated Areas). Approximately 280 feet upstream of Northdale Road/Redland Court +1,029 Richland Creek Approximately 160 feet upstream of the confluence with the Chattahoochee River +918 City of Buford, City of Sugar Hill, Gwinnett County (Unincorporated Areas). Just upstream of Cole Road +1,095 Tributary No. 1 At the confluence with Richland Creek +952 Gwinnett County (Unincorporated Areas). Just upstream of Stewart Road +1,013 Tributary No. 2 At the confluence with Richland Creek +1,008 City of Buford, Gwinnett County (Unincorporated Areas). Just upstream of Pine Hollow Way +1,036 Rock Creek At the county boundary +960 Gwinnett County (Unincorporated Areas). Approximately 5,080 feet upstream of Bailey Road +1,000 Rogers Creek Approximately 1,940 feet upstream of the confluence with the Chattahoochee River +903 City of Duluth, Gwinnett County (Unincorporated Areas). Approximately 4,375 feet upstream of Bridlewood Drive +1,035 Salmon Branch At the confluence with Pounds Creek +827 Gwinnett County (Unincorporated Areas). Approximately 610 feet upstream of Ridgeland County +870 Sherwood Creek At the county boundary +921 Gwinnett County (Unincorporated Areas). Approximately 1,950 feet upstream of West Rock Quarry Road +963 Shetley Creek At the confluence with Bromolow Creek +893 Gwinnett County (Unincorporated Areas). Approximately 260 feet upstream of Castlerock Drive +940 Shoal Creek At the confluence with Alcovy River +832 City of Lawrenceville, Gwinnett County (Unincorporated Areas). Approximately 1,980 feet upstream of Ezzard Street +986 Singleton Creek At the confluence with Sweetwater Creek +885 Gwinnett County (Unincorporated Areas). Approximately 4,970 feet upstream of Duluth Highway/State Highway 120 +947 Stream 1 Approximately 550 feet upstream of the confluence with the Chattahoochee River +887 Gwinnett County (Unincorporated Areas). Approximately 500 feet upstream of Allenhurst Drive +931 Stream 2 Approximately 510 feet upstream of the confluence with the Chattahoochee River +889 Gwinnett County (Unincorporated Areas). Approximately 2,500 feet upstream of Jones Bridge Circle +949 Stream 3 Approximately 1,540 feet upstream of the confluence with the Chattahoochee River +892 Gwinnett County (Unincorporated Areas). Approximately 3,115 feet upstream of Edgerton Drive +942 Stream 4 Approximately 900 feet upstream of the confluence with the Chattahoochee River +894 Gwinnett County (Unincorporated Areas). Approximately 440 feet upstream of Avala Park Lane +957 Stream 5 Approximately 1,640 feet upstream of the confluence with the Chattahoochee River +898 Gwinnett County (Unincorporated Areas). Approximately 265 feet upstream of Bush Road +918 Stream 8 Approximately 1,030 feet upstream of the confluence with the Chattahoochee River +900 Gwinnett County (Unincorporated Areas). Just upstream of Howell Springs Drive +970 Stream 10 Approximately 1,540 feet upstream of the confluence with the Chattahoochee River +908 City of Duluth, Gwinnett County (Unincorporated Areas). Approximately 2,310 feet upstream of Buford Highway/U.S. Highway 23/State Highway 13 +1,025 Sugar Lake (Singleton Creek) Entire shoreline +949 Gwinnett County (Unincorporated Areas). Suwanee Creek Approximately 3,300 feet upstream of the confluence with the Chattahoochee River +908 City of Buford, City of Rest Haven, City of Suwanee, Gwinnett County (Unincorporated Areas). At the county boundary +1,113 Tributary No. 1 At the confluence with Suwanee Creek +911 City of Duluth, Gwinnett County (Unincorporated Areas). Approximately 590 feet upstream of Buford Highway/U.S. Highway 231/State Highway 13 +942 Tributary No. 2 Approximately 700 feet upstream of the confluence with Suwanee Creek +997 City of Buford. Just upstream of Buford Highway/State Highway 13 +1,024 Tributary No. 3 At the confluence with Suwanee Creek +1,025 City of Buford. Approximately 170 feet upstream of Roberts Street +1,071 Tributary No. 4 At the confluence with Suwanee Creek +1,059 City of Buford, City of Rest Haven. At the county boundary +1,081 Sweetwater Creek At the confluence with the Yellow River +855 Gwinnett County (Unincorporated Areas). Just upstream of Bristol Lane +961 Tributary No. 1 At the confluence with Sweetwater Creek +864 Gwinnett County (Unincorporated Areas). Approximately 355 feet upstream of Cruse Road +891 Tributary No. 2 At the confluence with Sweetwater Creek +874 Gwinnett County (Unincorporated Areas). Approximately 1,300 feet upstream of Sweetwater Road +887 Swilling Creek Approximately 1,600 feet upstream of the confluence with the Chattahoochee River +899 City of Duluth. Approximately 1,620 feet upstream of Tree Summit Parkway +976 Swilling Creek Tributary At the confluence with Swilling Creek +927 City of Duluth. Approximately 140 feet upstream of South Whippoorwill Drive +972 Tribble Creek At the confluence with Alcovy River +807 Gwinnett County (Unincorporated Areas). Approximately 1,520 feet upstream of Leach Drive +932 Tributary A At the confluence with Tribble Creek +896 Gwinnett County (Unincorporated Areas). Approximately 2,690 feet upstream of Chandler Road +929 Tributary B At the confluence with Tribble Creek +932 Gwinnett County (Unincorporated Areas). Approximately 145 feet upstream of McConell Road +957 Turkey Creek At the confluence with the Yellow River +836 Gwinnett County (Unincorporated Areas). Approximately 530 feet upstream of Highpoint Road +950 Unnamed Tributary to North Fork Peachtree Creek Approximately 1,525 feet downstream of Crescent Drive +934 Gwinnett County (Unincorporated Areas). Approximately 2,375 feet upstream of Best Friend Road +965 Watson Creek At the confluence with the Yellow River +834 City of Snellville, Gwinnett County (Unincorporated Areas). Approximately 7,040 feet upstream of Bruckner Boulevard +999 Watson Creek Tributary At the confluence with Watson Creek +907 Gwinnett County (Unincorporated Areas). Approximately 360 feet upstream of Highpoint Road +945 Wheeler Creek Approximately 320 feet downstream of the county boundary +837 Gwinnett County (Unincorporated Areas). Approximately 420 feet upstream of Flowery Branch Road +930 Wildcat Creek Approximately 980 feet downstream of Russell Road +969 Gwinnett County (Unincorporated Areas). Approximately 300 feet upstream of Russell Road +980 Wolf Creek At the confluence with the Yellow River +903 Gwinnett County (Unincorporated Areas). Approximately 560 feet upstream of Tab Roberts Road +963 Yellow River At the county boundary +744 City of Lawrenceville, Gwinnett County (Unincorporated Areas). Approximately 165 feet upstream of Azalea Drive +1,087 Tributary No. 1 At the confluence with the Yellow River +856 Gwinnett County (Unincorporated Areas). Approximately 965 feet upstream of Shannon Way +932 Tributary No. 2 At the confluence with the Yellow River +857 Gwinnett County (Unincorporated Areas). Approximately 225 feet upstream of Innsfail Drive +981 Tributary No. 3 At the confluence with the Yellow River +870 Gwinnett County (Unincorporated Areas). Approximately 210 feet upstream of Sugarloaf Parkway +978 Tributary No. 3.1 At the confluence with the Yellow River Tributary No. 3 +892 Gwinnett County (Unincorporated Areas). Approximately 305 feet upstream of Rocky Road +938 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum please add 0.118 feet. ADDRESSES City of Berkeley Lake Maps are available for inspection at City Hall, 4040 South Berkeley Lake Road, Berkeley Lake, Georgia. Town of Braselton Maps are available for inspection at Braselton Town Hall, 4982 Highway 53, Braselton, Georgia. City of Buford Maps are available for inspection at City Hall, 95 Scott Street, Buford, Georgia. City of Dacula Maps are available for inspection at Dacula City Hall, 442 Harbins Road, Dacula, Georgia. City of Duluth Maps are available for inspection at the Planning Department, 3578 West Lawrenceville Street, Duluth, Georgia. Gwinnett County (Unincorporated Areas) Maps are available for inspection at Gwinnett County, One Justice Square, 446 West Crogan Street, Suite 275, Lawrenceville, Georgia. City of Lawrenceville Maps are available for inspection at 70 South Clayton Street, Lawrenceville, Georgia. City of Lilburn Maps are available for inspection at 76 Main Street, Lilburn, Georgia. City of Norcross Maps are available for inspection at City Hall—Community Development Department, 65 Lawrenceville Street, Norcross, Georgia. City of Rest Haven Maps are available for inspection at the City of Rest Haven, 101 City Hall Street, Buford, Georgia. City of Snellville Maps are available for inspection at the Planning Office, 2460 Main Street East, Snellville, Georgia. City of Sugar Hill Maps are available for inspection at Sugar Hill—Planning and Development, 4988 West Broad Street, Sugar Hill, Georgia. City of Suwanee Maps are available for inspection at the Planning and Community Development, 373 Highway 23, Suwanee, Georgia. Hall County, Georgia and Incorporated Areas Docket No.: FEMA-B-7457 Balus Creek Tributary No. 1 At confluence with Balus Creek +1,101 City of Gainesville. Duncan Creek At the county boundary +878 Hall County (Unincorporated Areas). Approximately 1,550 feet upstream of Spout Springs Road +960 Town of Braselton. Flat Creek Tributary No. 1 At confluence with Flat Creek +1,158 Hall County (Unincorporated Areas), City of Gainesville. Approximately 340 feet upstream of the confluence with Flat Creek +1,158 Sherwood Creek Approximately 950 feet upstream of its confluence with Mulberry Creek +843 Hall County (Unincorporated Areas). At the county boundary +922 Suwanee Creek At the county boundary +1,112 Hall County (Unincorporated Areas). Approximately 105 feet upstream of the county boundary +1,119 Tributary No. 4 At the county boundary +1,082 Hall County (Unincorporated Areas), Town of Rest Haven. Approximately 300 feet upstream of the county boundary +1,082 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please add 0.06 feet. ADDRESSES Town of Braselton Maps are available for inspection at Braselton Town Hall, 4982 Highway 53, Braselton, Georgia. City of Gainesville Maps are available for inspection at the Department of Public Works, 300 Green Street, Suite 300, Gainesville, Georgia. Hall County (Unincorporated Areas) Maps are available for inspection at the Hall County Engineer Division, 300 Green Street, Room 309, Gainesville, Georgia. City of Oakwood Maps are available for inspection at City Hall, 4035 Walnut Circle, Oakwood, Georgia. City of Rest Haven Maps are available for inspection at the City of Rest Haven, 101 City Hall, Buford, Georgia. Paulding County, Georgia and Incorporated Areas Docket No.: FEMA-B-7456 McClendon Creek At the confluence with Tallapoosa River and Mud Creek +1,133 Paulding County (Unincorporated Areas). Approximately 300 feet upstream of confluence with Tallapoosa River and Mud Creek +1,133 # Depth in feet above ground. * National Geodetic Vertical Datum + North American Vertical Datum: 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please add 0.23 feet. ADDRESSES Unincorporated areas of Paulding County Maps are available for inspection at the Paulding County Planning and Zoning Department, 25 Courthouse Square, Dallas, Georgia 30132. Dekalb County, Indiana and Incorporated Areas Docket No.: FEMA-B-7457 Cedar Creek County Road 72 +816 DeKalb County (Unincorporated Areas) City of Auburn, Town of Waterloo. Approximately 1,700 feet upstream of County Road 20 +905 St. Joe River Approximately 10,400 feet downstream of County Road 68 +791 Dekalb County (Unincorporated Areas). Approximately 7,600 feet upstream of County Road 79 +813 Town of St. Joe. Little Cedar Creek Approximately 1,800 feet downstream of County Road 327 +818 Dekalb County (Unincorporated Areas). Approximately 2,000 feet upstream of confluence Harvey Guthrie Ditch +857 Black Creek Approximately 800 feet upstream of confluence with Little Cedar Creek +830 Dekalb County (Unincorporated Areas). Approximately 3,600 feet upstream of State Road 3 +853 Fish Creek Approximately 5,000 feet downstream of County Road 79 +840 Dekalb County (Unincorporated Areas). Approximately 4,000 feet upstream of County Road 65A +884 Peckhart Drain Approximately at confluence with Diehl Drain +861 Dekalb County (Unincorporated Areas). Approximately at County Road 40 +877 City of Auburn Diehl Drain Approximately at confluence with Cedar Creek +847 Dekalb County (Unincorporated Areas). Approximately 100 feet upstream of County Road 15 +878 City of Auburn, City of Garrett. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES DeKalb County Maps available for inspection at DeKalb County Planning Commission, 301 S. Union Street, Auburn, Indiana. Town of Hamilton Maps are available for inspection at the Zoning Administrator's Office, 7750 South Wayne Street, Hamilton, Indiana. City of Auburn Maps available for inspection at the Building, Planning and Development Department 210 Cedar Street, Auburn, Indiana. City of Butler Maps available for inspection at Butler City Utility Office, 201 South Broadway, Butler, Indiana. City of Garrett Maps available for inspection at Garrett Planning Department, 130 South Randolph Street, Garrett, Indiana. Town of Corunna Maps available for inspection at Corunna Town Hall, 102 N. Bridge Street, Corunna, Indiana. Town of Waterloo Maps available for inspection at Town Hall, 280 N. Wayne Street, Waterloo, Indiana. Town of St. Joe Maps available for inspection at St. Joe Town Hall, 102 Third Street, St. Joe, Indiana. Town of Ashley Maps available for inspection at Clerk-Treasurer's Office, 500 S. Gonser Avenue, Ashley, Indiana. Town of Altona Maps available for inspection at Town Clerk-Treasurer's Office, 1202 W. Quincy Street, Garrett, Indiana. Oakland County, Michigan and Incorporated Areas Docket No.: FEMA-B-7453 Clinton River (near Grand Trunk Western R.R. and Maceday Lake) Approximately 360 feet downstream of I-75 +1,010 Township of Independence and City of the Village of Clarkston. Approximately 70 feet upstream of Dixie Highway +973 Clinton River (near Sylvan Lake) Approximately 3,100 feet upstream of Cooley Lake Rd +934 Charter Township of Waterford, Township of West Bloomfield, City of Keego Harbor, and City of Pontiac. Upstream side of Dawson Millpond Dam +928 Clinton River (near Grand Trunk Western R.R. and Galloway Creek) Approximately 700 feet downstream of Squirrel Road +844 City of Auburn Hills. Approximately 50 feet upstream of Hamlin Road +837 Duck Creek Approximately 40 feet downstream of Ortonville Rd. (2nd crossing) +941 Village of Ortonville. At confluence with Kearsley Creek +930 Huron River Approximately 1,600 feet upstream of Monteagle St +904 Village of Milford. Approximately 1,900 feet downstream of Peters St +902 Kearsley Creek Approximately 20 feet downstream of Granger Road +941 Village of Ortonville. Approximately 10 feet upstream of Oakwood Road +924 Norton Creek Approximately 3,800 feet downstream of I-96 +927 City of Wixom. Approximately 1,900 feet upstream of Buno Road +907 Pebble Creek Approximately 60 feet upstream of Drakeshire Dr +949 Township of West Bloomfield. Approximately 30 feet upstream of 14 Mile Road +892 Pettibone Creek Approximately 2,000 feet upstream of Summit St +949 Village of Milford. At confluence with Huron River +902 Quarton Branch Approximately 160 feet downstream of Redding Street +747 City of Birmingham. Upstream side of Quarton Lake Dam +737 Sargent Creek Approximately 150 feet downstream of Heritage Hills Manor +968 City of Rochester Hills. Approximately 130 feet downstream of Adams Road +941 Hummer Lake +1,050 Township of Brandon. Seymour Lake +1,042 Township of Brandon. Lake Louise +965 Township of Brandon. Bald Eagle +970 Township of Brandon. Square Lake +992 Township of Orion. Elkhorn Lake +987 Township of Orion. Tommys Lake +987 Township of Orion. Round Lake +986 Township of Orion. Lake Sixteen +986 Township of Orion. Voorheis Lake +984 Township of Orion. Judah Lake +990 Township of Orion. Lonesome Lake +998 Township of Orion. Long Lake +968 Township of Orion. Bunny Run Lake +967 Township of Orion. Buckhorn Lake +989 Township of Orion. Greens Lake +998 Township of Orion. Dark Lake +1,001 Township of Orion. Deer Lake +973 Township of Independence and City of the Village of Clarkston. Parke Lake +991 Township of Independence and City of the Village of Clarkston. Middle Lake +973 Township of Independence and City of the Village of Clarkston. Mill Lake Downstream of Miller Road +1,000 Township of Independence and City of the Village of Clarkston. Upstream of Miller Road +1,002 Mill Lake Approximately 10 feet downstream of Baldwin Road +983 Township of Orion. Approximately 1,700 feet downstream of Waldon Road +981 Lake Orion +987 Village of Lake Orion and Township of Orion. Sylvan Lake +929 City of Keego Harbor, City of Pontiac, City of Sylvan Lake, and Charter Township of Waterford. Cass Lake +931 City of Keego Harbor, Township of West Bloomfield, Charter Township of Waterford, and City of Orchard Lake Village. Dawson Mill Pond +929 City of Pontiac. Otter Lake +929 Charter Township of Waterford. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Oakland County (Unincorporated Areas) Maps available for inspection at *http//www.co.oakland.mi.us/oss/* Addison Township Maps are available for inspection at Addison Township, 1440 Rochester Road, Leonard, MI. Bloomfield Township Maps are available for inspection at Water Department, 4200 Telegraph Road, Bloomfield Hills, MI 48302. Brandon Township Maps are available for inspection at Building Department, Brandon Township, 395 Mill Street, Ortonville, MI 48462. City of Auburn Hills Maps are available for inspection at Clerks Office, 1827 North Squirrel Road, Auburn Hills, MI 48326. City of Birmingham Maps are available for inspection at Municipal building, 151 Martin Street, Birmingham, MI 48012. City of Bloomfield Hills Maps are available for inspection at City of Bloomfield Hills, 45 East Long Lake Road, Bloomfield Hills, MI 48304. City of Farmington Maps are available for inspection at Public Service Department, 33720 West Nine Mile Road, Farmington, MI 48335. City of Farmington Hills Maps are available for inspection at City of Farmington Hills Engineering, 31555 West Eleven Mile Road, Farmington Hills, MI. City of Keego Harbor Maps are available for inspection at Keego Harbor City Hall, 2141 Cass Lake Road., Suite # 101, Keego Harbor, MI 48320. City of Lake Angelus Maps are available for inspection at City Hall, 45 Gallogly Road, Lake Angelus, MI 48326. City of Northville Maps are available for inspection at City Hall, 215 West Main Street, Northville, MI. City of Orchard Lake Village Maps are available for inspection at City Hall, 3955 Orchard Lake Road, Orchard Lake, MI. City of Pontiac Maps are available for inspection at City Engineering Department, 55 Wessen Street, Pontiac, MI and Community Development Office, 1200 Featherstone Road, Pontiac, MI. City of Rochester Maps are available for inspection at City Hall, 400 Sixth Street, Rochester, MI. City of Rochester Hills Maps are available for inspection at Department of Public Safety/Engineering Department, 1000 Rochester Hills Drive, Rochester Hills, MI 48309. City of South Lyon Maps are available for inspection at City of South Lyon, 335 South Warren Street, South Lyon, MI. City of Southfield Maps are available for inspection at Engineering Department, 26000 Evergreen Road, Southfield, MI. City of Sylvan Lake Maps are available for inspection at City Hall, 1820 Inverness Street, Sylvan Lake, MI. City of The Village of Clarkston Maps are available for inspection at City Office, 375 Depot Road, Clarkston, MI. City of Troy Maps are available for inspection at Engineering Department, 500 West Big Beaver Road, Troy, MI 48084. City of Walled Lake Maps are available for inspection at City Hall, 1499 East West Maple Road, Walled Lake, MI 48390. City of Wixom Maps are available for inspection at Building Department, 49045 Pontiac Tr., Wixom, MI. Commerce Township Maps are available for inspection at Commerce Building Department, 2840 Fisher Avenue, Commerce, MI 48390. Groveland Township Maps are available for inspection at 4695 Grange Hall Road, Holly, MI. Highland Township Maps are available for inspection at Charter Township of Highland Planning Department, 205 North John Street, Highland, MI. Holly Township Maps are available for inspection at Holly Township Hall, 102 Civic Drive, Holly, MI. Independence Township Maps are available for inspection at Assessing Department and Building Department, Independence Township 90 North Main Street, Clarkston, MI 48346. Lyon Township Maps are available for inspection at Giffels-Webster Engineers, Inc., 2871 Bond Street, Rochester Hills, MI 48309 and Charter of Lyon, 58000 Grand River Avenue, New Hudson, MI 48309. Milford Township Maps are available for inspection at Supervisors Office, 1100 Atlantic, Milford, MI 48381. Novi Township Maps are available for inspection at 4425 Chedworth Drive, Northville, MI 48167. Oakland Township Maps are available for inspection at Township Hall, 4393 Collins Road, Rochester, MI 48306. Orion Township Maps are available for inspection at Supervisors Office, 2525 Joslyn Road, Lake Orion, MI 48360. Rose Township Maps are available for inspection at Rose Township Hall, 204 Franklin Street, Holly, MI 48442. Southfield Township Maps are available for inspection at Township Hall, 18550 West Thirteen Mile Road, Southfield Township, MI 48025. Village of Beverly Hills Maps are available for inspection at Village of Beverly Hills, 18500 West Thirteen Mile Road, Beverly Hills, MI 48025. Village of Bingham Farms Maps are available for inspection at 24255 West Thirteen Mile Road, Suite 190, Bingham Farms, MI 48025. Village of Franklin Maps are available for inspection at Village Hall, 32325 Franklin Road, Franklin, MI 48025. Village of Holly Maps are available for inspection at Clerk-Treasurer, 202 South Saginaw Street, Holly, MI 48442. Village of Lake Orion Maps are available for inspection at Village of Orion, 37 East Flint Street, Lake Orion, MI 48362. Village of Milford Maps are available for inspection at Village Clerk, Ann Collins, 1100 Atlantic Street, Milford, MI 48381. Village of Ortonville Maps are available for inspection at 476 Mill Street, Ortonville, MI 48462. Village of Wolverine Lake Maps are available for inspection at Village Hall, 425 Glengary Road, Wolverine Lake, MI 48390. Waterford Township Maps are available for inspection at Building and Engineering Department, 5200 Civic Center Drive, Waterford, MI 48329. West Bloomfield Township Maps are available for inspection at West Bloomfield Township, 4550 Walnut Lake Road, West Bloomfield, MI 48325. White Lake Township Maps are available for inspection at Township Hall, Building Department, 7525 Highland Road, White Lake, MI 48383. Chester County, Pennsylvania and Incorporated Areas Docket No. FEMA-B-7456 Beaver Creek Approximately at the Beaver Creek Dam +503 Township of East Brandywine and Approximately 3,500 feet upstream from the Beaver Creek Dam Township of West Brandywine. Boot Road Run Approximately at Springton Lane Approximately 100 feet upstream of Greenhill Road +418 +450 Township of East Goshen. Valley Creek Approximately 1,750 feet upstream from the confluence of Valley Creek and East Branch Octoraro Creek +444 Township of West Sadsbury. Approximately 800 feet upstream from the confluence of Valley Creek and East Branch Octoraro Creek +444 East Branch Octoraro Creek Approximately 1,550 feet upstream from the confluence of Valley Creek and East Branch Octararo Creek +444 Township of West Sadsbury. Approximately 800 feet upstream from the confluence of Valley/Creek and East Branch Octararo +444 Beaver Creek Approximately at the Beaver Creek Dam +503 Township of East Brandywine and Township of West Brandywine. Approximately 3,500 feet upstream from the Beaver Creek Dam +503 Boot Road Run Approximately at Springton Lane +418 Township of East Goshen. Approximately 100 feet upstream of Greenhill Road +450 East Branch Octoraro Creek Approximately 1,550 feet upstream from the confluence of Valley Creek and East Branch Octararo Creek +444 Township of West Sadsbury. Approximately 800 feet upstream from the confluence of Valley Creek and East Branch Octararo +444 Hibernia Dam Approximately at the Hibernia Dam +588 Township of West Caln. Approximately 75 feet upstream from Martins Corner Road +612 Valley Creek Approximately 1,750 feet upstream from the confluence of Valley Creek and East Branch Octoraro Creek +444 Township of West Sadsbury. Approximately 800 feet upstream from the confluence of Valley Creek and East Branch Octoraro Creek +444 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Township of East Brandywine Maps are available for inspection at 110 Hopewell Road, Suite 2, Downingtown, Pennsylvania 19335. Township of West Brandywine Maps are available for inspection at West Brandywine Township Building, 198 Lafayette Road, Coatesville, Pennsylvania 19320. Township of East Goshen Maps are available for inspection at East Goshen Town Hall, 1580 Paoli Pike, West Chester, Pennsylvania 19380. Township of West Caln Maps are available for inspection at West Caln Township Building, 721 W. Kings Highway, Wagontown, PA 19736. Township of West Sadsbury Maps are available for inspection at West Sadsbury Township Municipal Building, 6400 N. Moscow Road, Parkesburg, Pennsylvania 19365. Williamson County, Tennessee and Incorporated Areas Docket No.: FEMA-B-7454 Aden Camp Branch At the confluence of Aden Camp Branch with Little Turnbull Creek +664 Williamson County (Unincorporated Areas),City of Fairview. Approximately 400 feet upstream of Bethshears Road +873 Aenon Creek At the confluence of West Fork Aenon Creek +704 Williamson County (Unincorporated Areas). Approximately 900 feet upstream of confluence of West Fork Aenon Creek +707 Arkansas Creek At the confluence of Arkansas Creek with South Harpeth River +633 Williamson County (Unincorporated Areas). Approximately 9,460 feet upstream of confluence of Harpendene Branch +700 Arrington Creek Approximately 4,100 feet upstream of the confluence with Harpeth River +682 Williamson County (Unincorporated Areas). Approximately 410 feet downstream of Sanford Road +796 Tributary 1 At confluence Arrington Creek Tributary 1 with Arrington Creek +699 Williamson County (Unincorporated Areas). Approximately 1,950 feet upstream of the confluence of Arrington Creek Tributary 2 +748 Tributary 2 At confluence Arrington Creek Tributary 2 with Arrington Creek Tributary 1 +734 Williamson County (Unincorporated Areas). Approximately 2,930 feet upstream of the confluence with Arrington Creek Tributary 1 +760 Tributary 3 At confluence Arrington Creek Tributary 3 with Arrington Creek +736 Williamson County (Unincorporated Areas). Approximately 1,500 feet upstream of the confluence with Arrington Creek Tributary 5 +758 Tributary 4 At confluence Arrington Creek Tributary 4 with Arrington Creek Tributary 3 +743 Williamson County (Unincorporated Areas). Approximately 3,310 feet upstream of the confluence with Arrington Creek Tributary 3 +760 Tributary 5 At confluence Arrington Creek Tributary 5 with Arrington Creek Tributary 3 +747 Williamson County (Unincorporated Areas). Approximately 1,390 feet upstream of the confluence with Arrington Creek Tributary 3 +760 Big Turnbull Creek Approximately 2,800 feet upstream of Old Cox Pike +644 Williamson County (Unincorporated Areas). Approximately 2,240 feet upstream of Old Franklin Road +685 Brush Creek Approximately 6,680 feet upstream of confluence of Brush Creek Tributary 1 +676 Williamson County, (Unincorporated Areas), City of Fairview. Approximately 430 feet upstream of Jones Lane S.E +820 Tributary 1 Approximately 40 feet upstream of confluence with Brush Creek +616 Williamson County, (Unincorporated Areas), City of Fairview. Approximately 150 feet to the northwest of the intersection of Oak Tree Drive and Dody Drive +824 Burke Branch At the confluence of Burke Branch with Mayes Creek +700 Williamson County (Unincorporated Areas). Approximately 2,240 feet upstream of Wilson Pike +748 Caney Fork Creek At the confluence of Caney Fork Creek with South Harpeth River +619 Williamson County (Unincorporated Areas). Approximately 8,300 feet upstream of confluence with South Harpeth River +656 Dry Branch Just downstream of Mallory Station Road +692 Williamson County (Unincorporated Areas), City of Brentwood, City of Franklin. Approximately 80 feet upstream of Moores Lane +771 Fivemile Creek At the confluence of Fivemile Creek Tributary 1 with Fivemile Creek +680 Williamson County (Unincorporated Areas). Approximately 450 feet upstream of Pratt Lane +711 Tributary 1 At the confluence of Fivemile Creek Tributary 1 with Fivemile Creek +680 Williamson County (Unincorporated Areas). Approximately 2,930 feet upstream of Interstate 65 +746 Flat Creek Approximately 2,520 feet southeast of the intersection of Flat Creek Road and Reynolds Road +707 Williamson County (Unincorporated Areas). Approximately 1,370 feet southeast of the intersection of Cross Keys Road and Flat Creek Road +741 Flat Rock Creek Approximately 18,840 feet downstream of Horn Tavern Road +567 Williamson County, (Unincorporated Areas), City of Fairview. Approximately 1,220 feet northwest of the intersection of Cox Pike North and Mary Susan Lane +807 Tributary 1 At the confluence of Flat Rock Creek Tributary 1 with Flat Rock Creek 718 City of Fairview. Approximately 1,880 feet upstream of Highway 96 +811 Goose Creek Approximately 700 feet upstream of confluence with Fivemile Creek 669 Williamson County (Unincorporated Areas). Approximately 260 feet north of the intersection of Goose Creek Bypass and Snowbird Hollow Road +771 Grassy Branch Approximately 2,490 feet upstream of Duplex Road 711 City of Spring Hill. Approximately 2,280 feet upstream of the confluence of Grassy Branch Tributary 1 +720 Tributary 1 At the confluence of Grassy Branch Tributary 1 with Grassy Branch +712 City of Spring Hill. Approximately 480 feet upstream of the confluence with Grassy Branch +717 Harpendene Branch At the confluence of Harpendene Branch with Arkansas Creek +638 Williamson County (Unincorporated Areas). Approximately 7,930 feet upstream of confluence with Arkansas Creek +695 Harpeth River Tributary 1 Approximately 3,210 feet upstream of confluence with Harpeth River +678 Williamson County (Unincorporated Areas). Approximately 310 feet upstream of Murfreesboro Road +709 Harrison Branch Creek Approximately 11,600 feet upstream of confluence with Brush Creek +668 Williamson County, (Unincorporated Areas), City of Fairview. Approximately 1,070 feet northwest of the intersection of Henderson Drive and Fairview Boulevard +767 Hickman Branch At the confluence of Hickman Branch with Little Turnbull Creek +697 Williamson County, (Unincorporated Areas), City of Fairview. Approximately 80 feet northwest of the intersection of Master Shane Road & Cox Run Court +831 Kelley Creek At the confluence of Kelley Creek with South Harpeth Creek +646 Williamson County (Unincorporated Areas). Approximately 220 feet upstream of Taylor Cemetery Road +688 Liberty Creek Just downstream of Eddy Lane +645 City of Franklin. Approximately 85 feet downstream of Hillhaven Lane +700 Lick Creek Approximately 560 feet downstream of Porter Branch Road +646 Williamson County (Unincorporated Areas). At the confluence of South Fork Lick Creek and North Fork Lick Creek +668 Linton Branch Approximately 14,000 feet southwest of the intersection of Natchez Bend Road and Pasquo Road +623 Williamson County (Unincorporated Areas). Approximately 9,400 feet southwest of the intersection of Natchez Bend Road and Pasquo Road +645 Little Harpeth River Approximately 410 feet downstream of Moores Lane +708 City of Brentwood. Approximately 2,250 feet upstream of Carriage Hills Drive +741 Tributary 1 Approximately 840 feet upstream of confluence with Little Harpeth River +629 City of Brentwood. Approximately 1,355 feet upstream of River Oaks Road +654 Tributary 2 Approximately 240 feet upstream of Country Club Drive +645 City of Brentwood. Approximately 30 feet downstream of Maryland Way +710 Tributary 3 At the confluence of Little Harpeth River Tributary 3 with Little Harpeth River Tributary 2 +664 City of Brentwood. Approximately 35 feet downstream of Centerview Drive +690 Tributary 4 Approximately 1,590 feet upstream of confluence with Little Harpeth River +656 City of Brentwood. Approximately 480 feet upstream of Shenandoah Drive +692 Tributary 5 At the confluence of Little Harpeth River Tributary 5 with Little Harpeth River Tributary 4 +660 City of Brentwood. Approximately 85 feet downstream of Mayfield Place +708 Tributary 6 At the confluence of Little Harpeth River Tributary 6 with Little Harpeth River Tributary 4 +692 City of Brentwood. Approximately 1,455 feet upstream of Old Smyrna Road +726 Tributary 7 At the confluence of Little Harpeth River Tributary 7 and Little Harpeth River Tributary 8 +676 City of Brentwood. Approximately 1,605 feet upstream of Wikle Road +744 Tributary 8 At the confluence of Little Harpeth River Tributary 7 and Little Harpeth River Tributary 8 +676 Williamson County (Unincorporated Areas). Approximately 2,745 feet upstream of General Macarthur Drive +722 Tributary 9 At the confluence of Little Harpeth River Tributary 9 and Little Harpeth River Tributary 7 +707 City of Brentwood. Approximately 850 feet upstream of Ashby Drive +890 Tributary 10 At the confluence of Little Harpeth River Tributary 10 and Little Harpeth River Tributary 7 +679 City of Brentwood. Approximately 220 feet downstream of Vaden Drive +744 Tributary 11 At the confluence of Little Harpeth River Tributary 11 and Little Harpeth River Tributary 10 +701 City of Brentwood. Approximately 4,520 feet upstream of Interstate 65 +754 Little Turnbull Creek Approximately 1,720 feet downstream of Crow Cut Road +599 Williamson County (Unincorporated Areas), City of Fairview. Approximately 4,320 feet upstream of confluence of Little Turnbull Creek Tributary 1 +822 Tributary 1 At the confluence of Little Turnbull Creek Tributary 1 with Little Turnbull Creek +756 City of Fairview. Approximately 2,360 feet upstream of confluence with Little Turnbull Creek +819 Mayes Creek Just downstream of North Chapel Road +664 Williamson County (Unincorporated Areas). Approximately 5,400 feet upstream of Tulloss Road +753 McCanless Branch At the confluence of McCanless Branch with Arrington Creek +734 Williamson County (Unincorporated Areas). Approximately 3,480 feet upstream of Old Horton Highway +757 McCrory Creek Just downstream of McDaniel Road +682 Williamson County (Unincorporated Areas). Approximately 300 feet upstream of Arno-College Grove Road +733 McCutcheon Creek Approximately 740 feet downstream of Amacher Drive +743 City of Spring Hill. Approximately 1,240 feet upstream of Amacher Drive +760 Mill Creek Approximately 400 feet upstream of Rocky Fork Road +612 Williamson County (Unincorporated Areas), Town of Nolensville. Approximately 11,080 feet upstream of Rocky Fork Road +661 North Fork Lick Branch At the confluence with North Fork Lick Branch with Lick Creek +668 Williamson County (Unincorporated Areas). Approximately 5,040 feet upstream of Old Lick Creek Road +688 Overall Creek Approximately 1,320 feet upstream of confluence with Harpeth River +709 Williamson County (Unincorporated Areas). Approximately 720 feet upstream of Horton Highway +769 South Fork Lick Branch At the confluence of South Fork Lick Branch with Lick Creek +668 Williamson County (Unincorporated Areas). Approximately 210 feet upstream of South Lick Creek Road +677 South Harpeth Creek At the confluence of South Harpeth Creek with South Harpeth River +633 Williamson County (Unincorporated Areas). At the confluence of Kelley Creek +646 South Harpeth Creek Approximately 590 feet upstream of confluence of Caney Fork Creek +619 Williamson County (Unincorporated Areas). At the confluence of South Harpeth Creek +633 Starnes Creek Just downstream of Arno Road +675 Williamson County (Unincorporated Areas). Approximately 920 feet upstream of State Route 840 +755 Unnamed Tributary 2 to Harpeth River Approximately 1,200 feet upstream of Eddy Lane +640 City of Franklin. Approximately 580 feet upstream of Jordan Road +680 Unnamed Tributary to Mill Creek Approximately 1,270 feet upstream of confluence with Mill Creek +603 Williamson County (Unincorporated Areas), Town of Nolensville. Approximately 2,140 feet upstream of Clovercroft Road +667 West Fork Aenon Creek At the confluence of West Fork Aenon Creek with Aenon Creek +704 Williamson County (Unincorporated Areas). Approximately 5,840 feet upstream of the confluence with Aenon Creek +721 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Williamson County Maps are available for inspection at the Williamson County Complex, Planning Department, 1320 West Main Street, Suite 125, Franklin, TN 37064. City of Brentwood Maps are available for inspection at Brentwood City Hall, 5211 Maryland Way, Brentwood, TN 37027. City of Fairview Maps are available for inspection at Fairview City Hall, 1874 Fairview Boulevard, Fairview, TN 37062. City of Franklin Maps are available for inspection at Franklin City Hall, 109 Third Avenue South, Franklin, TN 37064. Town of Nolensville Maps are available for inspection at Nolensville Town Hall, 7240 Nolensville Road, Suite 102, Nolensville, TN 37135. City of Spring Hill Maps are available for inspection at Spring Hill City Hall, 199 Town Center Parkway, Spring Hill, TN 37174. Fayette County, Texas and Incorporated Areas Docket No.: FEMA-B-7457 Buckner's Creek Confluence with Colorado River +257 Fayette County (Unincorporated Areas). Approximately 250 feet upstream of the intersection of FM609 and Buckner's Creek *269 Colorado River Approximately 1500 feet downstream from the confluence with Duty's Creek +223 Fayette County (Unincorporated Areas). Approximately 2.74 miles upstream from the confluence with Benton's Creek *298 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Fayette County Maps are available for inspection at 151 No. Washington Street, La Grange, TX 78945. City of La Grange Maps are available for inspection at 155 Colorado, La Grange, TX 78945. Fayette Co. W.C.& I.D.—Monument Hill Maps are available for inspection at 151 No. Washington Street, La Grange, TX 78945. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: November 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-19118 Filed 11-13-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(90)days have elapsed since that publication. The Mitigation Division Director has resolved any appeals resulting from this notification. This final rule is issued in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR Part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR Part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Consideration. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR Part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location #Depth in feet above ground *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)Modified U.S. Virgin Islands Docket No.: FEMA-D-7660 U.S. Virgin Islands Atlantic Ocean—St. John Approximately 1,800 feet west of the intersection of Caheel Trail and North Shore Road *6 At Privateer Point *25 Caribbean Sea—St. John Approximately 500 feet east of intersection of Pond Bay and Iguera Road *4 At Dittlit Point *25 Pillsbury Sound—St. John Approximately 250 feet west of the intersection of North Shore Road and Pocket Money Lane *6 Approximately 600 feet south of the intersection of Idesephus Road and Azure Bay Road *25 Atlantic Ocean—St. Thomas Thach Cay at Eva Point *7 Approximately 0.5 mile north of North Meander Place and Fortuna Road *25 Caribbean Sea—St. Thomas Approximately 750 feet southwest of the intersection of Rue de Gregoire and Veteran Drive *5 Approximately 0.5 mile south of North Meander Road and Fortuna Road *25 Pillsbury Sound—St. Thomas Approximately 1,000 feet east of the intersection of Smith Bay Road and Pavillion Road *6 Approximately 0.6 mile south of the intersection of Julian Jackson Road and Airport Road *25 Leeward Passage—St. Thomas Approximately 1,200 feet east of the intersection of Suzzana Road and Smith Bay Road *8 At Coki Point *23 Caribbean Sea—St. Thomas Approximately 0.6 mile southwest of the intersection of North Meander Road and Fortuna Road #3 Caribbean Sea—St. Croix At the intersection of Crab Lane and Dyers Climb *8 At Protestant Cay *19 Gut No. 1 At confluence with Christiansted Harbor *12 Approximately 430 feet upstream of the confluence with Christiansted Harbor *17 Gut No. 2 At confluence with Christiansted Harbor *13 Approximately 880 feet upstream of the confluence with Christiansted Harbor *19 Gut No. 3 At confluence with Christiansted Harbor *11 Approximately 800 feet upstream of the confluence with Christiansted Harbor *18 Gut No. 4 At confluence with Altona Lagoon *10 Approximately 860 feet upstream of the confluence with Altona Lagoon *11 Gut No. 5 At confluence with Caribbean Sea *12 Approximately 900 feet upstream of the confluence with Caribbean Sea *15 Gut No. 6 At confluence with Caribbean Sea *10 Approximately 1,100 feet upstream of the confluence with Caribbean Sea *13 Salt River At confluence with Sugar Bay *10 Approximately 650 feet upstream of the confluence with Sugar Bay *10 Turpentine Run At confluence with Mangrove Lagoon *11 Approximately 960 feet upstream of the confluence with Mangrove Lagoon *11 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES U.S. Virgin Islands (Islands of St. Croix, St. Thomas, and St. John) Maps available for inspection at the Office of the Tax Assessor and the Cadastral Section, 113 King Street, Christiansted, Virgin Islands. Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Granville County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7660 and D-7574 Aarons Creek At the North Carolina/Virginia State boundary +381 Granville County (Unincorporated Areas). Approximately 3.2 miles upstream of Grassy Creek Virgilina Road +414 Aycock Creek At the confluence with Johnson Creek +317 Granville County (Unincorporated Areas). Approximately 1,880 feet upstream of Sanders Road +360 Bearskin Creek At the confluence with Grassy Creek +414 Granville County (Unincorporated Areas). Approximately 820 feet upstream of NC Highway 96 +443 Beaverdam Creek At the Granville/Wake County boundary +262 Granville County (Unincorporated Areas). Approximately 600 feet upstream of NC 56 +318 Tributary 3 At the confluence with Beaverdam Creek +282 Granville County (Unincorporated Areas). Approximately 0.9 mile upstream of Side Road +319 Tributary 5 At the confluence with Beaverdam Creek +305 Granville County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Beaverdam Creek +314 Beech Creek At the confluence with Kerr Reservoir (Johnson Creek) +320 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Kerr Reservoir (Johnson Creek) +320 Blue Creek At the confluence with Little Grassy Creek +363 Granville County (Unincorporated Areas). Approximately 0.9 mile upstream of Sam Hall Road +405 Tributary 1 At the confluence with Blue Creek +402 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Blue Creek +414 Bollens Creek At the confluence with Boul Creek +321 Granville County (Unincorporated Areas). Approximately 0.6 mile upstream of U.S. HWY 15 +408 Boul Creek At the confluence with the Tar River +317 Granville County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence of Bollens Creek +358 Camp Creek At the confluence with Knap of Reeds Creek +376 Granville County (Unincorporated Areas). At the Granville/Durham County boundary +427 Cedar Branch At the confluence with John H. Kerr Reservoir/Grassy Creek +320 Granville County (Unincorporated Areas). Approximately 1.1 miles upstream of the North Carolina/Virginia State boundary +320 Cedar Creek At the confluence with Robertson Creek +279 Granville County (Unincorporated Areas), City of Creedmoor. Approximately 1.3 miles upstream of Hayes Road +313 Coon Creek Approximately 200 feet upstream of the confluence with Fishing Creek +343 Granville County (Unincorporated Areas), City of Oxford. Approximately 100 feet upstream of Winding Oak Road +450 Cozart Creek Approximately 450 feet downstream of West B Street +262 Granville County (Unincorporated Areas). Approximately 1,900 feet upstream of Coley Road +272 Tributary 1 Approximately 250 feet downstream of Roycroft Road +262 Granville County (Unincorporated Areas). Approximately 1.5 miles upstream of U.S. 15 +282 Tributary 2 At the confluence with Cozart Creek Tributary 1 +262 Granville County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Cozart Creek Tributary 1 +278 Tributary 3 At the confluence with Cozart Creek Tributary 2 +262 Granville County (Unincorporated Areas). Approximately 0.5 mile upstream of Northside Road +270 Cub Creek At the confluence with the Tar River +432 Granville County (Unincorporated Areas). Approximately 600 feet upstream of George Sherman Road +478 Tributary 1 At the confluence with Cub Creek +439 Granville County (Unincorporated Areas). At the Granville/Person County boundary +477 Deer Pond Branch At the confluence with Spewmarrow Creek +320 Granville County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Spewmarrow Creek +325 Dickens Creek At the confluence with Knap of Reeds Creek +360 Granville County (Unincorporated Areas). Approximately 1,650 feet upstream of Little Mountain Road +440 Fishing Creek Approximately 700 feet upstream of Knotts Grove Road +375 Granville County (Unincorporated Areas), City of Oxford. Approximately 1,700 feet upstream of Interstate 85 +409 Tributary 1 Approximately 200 feet upstream of U.S. HWY 15 +434 Granville County (Unincorporated Areas), City of Oxford. Approximately 50 feet upstream of Sunset Avenue +457 Fork Creek At the confluence with the Tar River +245 Granville County (Unincorporated Areas). Approximately 500 feet upstream of Old Mill Farm Road +342 Fox Creek At the confluence with Shelton Creek +433 Granville County (Unincorporated Areas). Approximately 3.4 miles upstream of Sunset Road +491 Gibbs Creek At the confluence with the Tar River +246 Granville County (Unincorporated Areas). Approximately 4.9 miles upstream of Gray Rock Road +376 Grassy Creek At the North Carolina/Virginia State boundary +320 Granville County (Unincorporated Areas). Approximately 0.4 mile upstream of Noel Tuck Road +539 Tributary 1 At the confluence with John H. Kerr Reservoir (Grassy Creek) +320 Granville County (Unincorporated Areas). At the North Carolina/Virginia State boundary +322 Tributary 2 At the confluence with Grassy Creek +475 Granville County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Grassy Creek +495 Tributary 3 At the confluence with Grassy Creek +497 Granville County (Unincorporated Areas). Approximately 1,000 feet upstream of Walnut Grove Road +518 Holman Creek At Brogden Road +288 Granville County (Unincorporated Areas), City of Creedmoor. Approximately 700 feet upstream of State Route 1136 +469 Tributary 1 At the confluence with Holman Creek +377 Granville County (Unincorporated Areas), Town of Stem. Approximately 2,000 feet upstream of Tally Ho Road +436 Tributary 2 At the confluence with Holman Creek +395 Granville County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Holman Creek +428 Tributary 3 At the confluence with Holman Creek +309 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Holman Creek +330 Howlett Creek At the confluence with Little Island Creek +363 Granville County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Little Island Creek +374 Granville County (Unincorporated Areas). Island Creek At the North Carolina/Virginia State boundary +289 Granville County (Unincorporated Areas). Approximately 0.5 mile upstream of Rockwell Road +363 Tributary 1 At the confluence with Island Creek +289 Granville County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Island Creek +299 Tributary 2 At the confluence with Island Creek +297 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Island Creek +312 Tributary 3 At the confluence with Island Creek +332 Granville County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Island Creek +353 Island Reservoir Entire shoreline within Granville County +289 Granville County (Unincorporated Areas). Jackson Creek At the confluence with the Tar River +366 Granville County (Unincorporated Areas). Approximately 1.6 miles upstream of Old Route 75 +441 John H. Kerr Reservoir Entire shoreline within Granville County +320 Granville County (Unincorporated Areas). Johnson Creek (into Grassy Creek) At the confluence with Grassy Creek +320 Granville County (Unincorporated Areas). Approximately 0.4 mile upstream of Lee Yancey Road +336 Johnson Creek (into Tar River) Approximately 0.4 mile downstream of Tar River Road +317 Granville County (Unincorporated Areas). Approximately 1,100 feet downstream of Interstate 85 +363 Johnson Creek Tributary Approximately 1,700 feet downstream of Tar River Road +316 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of Tar River Road +329 Jordan Creek Tributary 1 At the confluence with Jordan Creek +448 Granville County (Unincorporated Areas), City of Oxford. Approximately 1.4 miles upstream of the confluence with Jordan Creek +480 Tributary 2 At the confluence with Jordan Creek +448 Granville County (Unincorporated Areas), City of Oxford. Approximately 0.7 mile upstream of the confluence with Jordan Creek +462 Knap Creek Tributary At the confluence with Lake Butner +360 Granville County (Unincorporated Areas). Approximately 700 feet upstream of Roberts Chapel Road +419 Knap of Reeds Creek At Roberts Chapel Road +360 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of Enon Road +452 Tributary 1 At the confluence with Knap of Reeds Creek +422 Granville County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Knap of Reeds Creek +459 Tributary 2 At the confluence with Knap of Reeds Creek +446 Granville County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Knap of Reeds Creek +456 Knap Reed Tributary At the confluence with Knap of Reeds Creek +265 Granville County (Unincorporated Areas). Approximately 1,000 feet downstream of Amed Road +265 Ledge Creek At the Granville/Wake County boundary +263 Granville County (Unincorporated Areas), Town of Stem, City of Creedmoor. Approximately 0.6 mile upstream of Little Mountain Road +472 Tributary 2 At the confluence with Ledge Creek +267 Granville County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Ledge Creek +280 Tributary 3 At the downstream side of U.S. 15 +278 Granville County (Unincorporated Areas), City of Creedmoor. Approximately 0.4 mile upstream of U.S. 15 +311 Tributary 4 Approximately 1,500 feet upstream of the confluence of Ledge Creek Tributary 3 +279 Granville County (Unincorporated Areas), City of Creedmoor. Approximately 1,150 feet upstream of Charles Street +314 Lick Branch At the confluence with Spewmarrow Creek +320 Granville County (Unincorporated Areas). Approximately 1.2 miles upstream of Tilley Road +325 Little Grassy Creek At the confluence with Grassy Creek +335 Granville County (Unincorporated Areas). Approximately 1.3 miles upstream of Gela Road +417 Little Island Creek At the confluence with Island Creek +363 Granville County (Unincorporated Areas). Approximately 1.5 miles upstream of Hill Airy Road +433 Tributary 1 At the confluence with Little Island Creek +372 Granville County (Unincorporated Areas). Approximately 640 feet upstream of Hill Airy Road +405 Little Johnson Creek At the confluence with Johnson Creek +321 Granville County (Unincorporated Areas). Approximately 1,400 feet upstream of Oak Hill Road +394 Michael Creek At the Granville/Vance County boundary +337 Granville County (Unincorporated Areas). Approximately 1.7 miles upstream of Rockwell Road +387 Mill Creek At the confluence with New Light Creek and West Prong +294 Granville County (Unincorporated Areas). Approximately 300 feet upstream of Woodland Church Road +343 Mountain Creek At the confluence with Grassy Creek +355 Granville County (Unincorporated Areas). Approximately 1.5 miles upstream of Cornwall Road +412 New Light Creek At the Granville/Wake County boundary +283 Granville County (Unincorporated Areas). At the confluence with Mill Creek and West Prong +294 New Light Creek Tributary (Basin 3 Stream 8) At the downstream Granville/Wake County boundary +316 Granville County (Unincorporated Areas). At the upstream Granville/Wake County boundary +358 New Light Creek Tributary 4 At the Granville/Wake County boundary +283 Granville County (Unincorporated Areas). Approximately 0.4 mile upstream of the Granville/Wake County boundary +296 North Fork Tar River At the confluence with the Tar River +397 Granville County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence of North Fork Tar River Tributary 2 +468 Tributary 1 At the confluence with North Fork Tar River +397 Granville County (Unincorporated Areas). Approximately 2.9 miles upstream of the confluence with North Fork Tar River +459 Tributary 2 At the confluence with North Fork Tar River +445 Granville County (Unincorporated Areas). Approximately 1.0 mile upstream of Bodie Currin Road +458 Owen Creek At the confluence with the Tar River +387 Granville County (Unincorporated Areas). Approximately 2.1 miles upstream of Harper Renn Road +436 Picture Creek At Central Avenue Extension +283 Granville County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Picture Creek Tributary +344 Picture Creek Tributary At the confluence with Picture Creek +316 Granville County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Picture Creek +339 Reedy Branch At the confluence with Beaverdam Creek +271 Granville County (Unincorporated Areas). Approximately 0.6 mile upstream of Country Lane +333 Robertson Creek At the confluence with Beaverdam Creek +262 Granville County (Unincorporated Areas), City of Creedmoor. Approximately 1.2 miles upstream of the confluence of Robertson Creek Tributary 2 +308 Tributary 1 At the confluence with Robertson Creek +262 Granville County (Unincorporated Areas). Approximately 0.8 mile upstream of Dove Road +277 Tributary 2 At the confluence with Robertson Creek +295 Granville County (Unincorporated Areas). Approximately 0.4 mile upstream of Moss Back Road +305 Rocky Creek At the confluence with the Tar River +384 Granville County (Unincorporated Areas). Approximately 2.9 miles upstream of James Royster Road +431 Shelton Creek At the confluence with the Tar River +399 Granville County (Unincorporated Areas). Approximately 1,250 feet upstream of Goshen Road +529 Smith Creek At the confluence with Beaverdam Creek +262 Granville County (Unincorporated Areas). Approximately 2.3 miles upstream of Lawrence Road +371 Spewmarrow Creek At the confluence with John H. Kerr Reservoir (Grassy Creek) +320 Granville County (Unincorporated Areas). Approximately 1.1 miles upstream of Herbert Faucette Road +330 Tributary 1 At the confluence with Spewmarrow Creek +320 Granville County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Spewmarrow Creek +339 Syble Creek At the Granville/Wake County boundary +262 Granville County (Unincorporated Areas). Approximately 0.8 mile upstream of U.S. 15 +304 Tabbs Creek Approximately 400 feet upstream of Tom Parham Road +419 Granville County (Unincorporated Areas). Approximately 0.6 mile upstream of Tom Parham Road +426 Tar River At the downstream County boundary +245 Granville County (Unincorporated Areas). At Granville/Person County boundary +500 Tributary 2 At the downstream side of Tom Hunt Road +313 Granville County (Unincorporated Areas). Approximately 1.3 miles upstream of Tom Hunt Road +330 Tributary 3 At the confluence with Tar River Tributary 2 +314 Granville County (Unincorporated Areas). Approximately 1.1 miles upstream of Tar River Tributary 2 +334 Tributary 4 At the confluence with the Tar River +449 Granville County (Unincorporated Areas). Approximately 1.2 miles upstream of Gene Hobgood Road +493 West Prong At the confluence with New Light Creek and Mill Creek +294 Granville County (Unincorporated Areas). Approximately 1.2 miles upstream of Graham Sherron Road +357 West Prong Tributary At the confluence with West Prong +305 Granville County (Unincorporated Areas). Approximately 650 feet upstream of Woodland Church Road +356 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Creedmoor Maps available for inspection at the City of Creedmoor Planning and Zoning Office, 111 Masonic Street, Creedmoor, North Carolina. City of Oxford Maps available for inspection at the City of Oxford Planning Department, 300 Williamsboro Street, Oxford, North Carolina. Town of Stem Maps available for inspection at the Town of Stem, 113 East Tally Ho Road, Stem, North Carolina. Granville County (Unincorporated Areas) Maps available for inspection at the Granville County Planning Department, 122 Williamsboro Street, Oxford, North Carolina. Vance County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7660 and D-7550 Anderson Creek At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas). Approximately 1.7 miles upstream of Anderson Creek Road +329 Buffalo Creek (North) At the confluence with Tar River +228 Vance County (Unincorporated Areas). Approximately 2.3 miles upstream of Dick Smith Road +266 Cattail Creek At the confluence with Sandy Creek +329 Vance County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Sandy Creek +352 Crooked Run At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas). Approximately 1.7 miles upstream of NC 39 +326 Tributary 1 At the confluence with Crooked Run +320 Vance County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Crooked Run +327 Dickies Creek At the confluence with Sandy Creek +315 Vance County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Sandy Creek +320 Fishing Creek At the Vance/Warren County boundary +345 Vance County (Unincorporated Areas). Approximately 0.8 mile upstream of the County boundary +356 Flat Creek At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas). Approximately 1.5 miles upstream of Kelly Road +331 Gilliams Branch At the Virginia/North Carolina State boundary +289 Vance County (Unincorporated Areas). Approximately 2.1 miles upstream of the Virginia/North Carolina State boundary +295 Indian Creek At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas), City of Henderson. Approximately 0.5 mile upstream of I-85 +502 Island Creek At the confluence with Island Reservoir +289 Vance County (Unincorporated Areas). Approximately 700 feet upstream of the confluence of Michael Creek +303 Island Reservoir Entire shoreline within the County +289 Vance County (Unincorporated Areas). Joes Branch At the confluence with Ruin Creek +296 Vance County (Unincorporated Areas). Approximately 1.2 miles upstream of Old County Road +396 John H. Kerr Reservoir Entire shoreline within the County +320 Vance County (Unincorporated Areas). Tributary 3D At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of John H. Kerr Reservoir Tributary 3D-2 +324 Tributary 3D-2 At the confluence with John H. Kerr Reservoir 3D +320 Vance County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with John H. Kerr Reservoir 3D +323 Tributary 4 At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with John H. Kerr Reservoir +322 Tributary 3D-1 At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with John H. Kerr Reservoir Tributary 3D +326 Little Island Creek At the confluence with Island Creek +289 Vance County (Unincorporated Areas). Approximately 2.0 miles upstream of Rice Road +339 Tributary 1 At the confluence with Little Island Creek +289 Vance County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Little Island Creek +300 Long Creek At the confluence with Tabbs Creek +237 Vance County (Unincorporated Areas). Approximately 1.1 miles upstream of Kittrell College Road +291 Long Grass Branch At the Virginia/North Carolina State boundary +326 Vance County (Unincorporated Areas). Approximately 1,400 feet upstream of Virginia/North Carolina State boundary +346 Lynch Creek At the Franklin/Vance County boundary +333 Vance County (Unincorporated Areas). Approximately 0.3 mile upstream of Gillburg Road +347 Martin Creek At the confluence with Sandy Creek +343 Vance County (Unincorporated Areas). Approximately 3.0 miles upstream of confluence with Sandy Creek +429 Michael Creek At the confluence with Island Creek +301 Vance County (Unincorporated Areas). Approximately 2.9 miles upstream of the confluence with Island Creek +337 Nutbrush Creek At the confluence with John H. Kerr Reservoir +320 Vance County (Unincorporated Areas), City of Henderson. Approximately 0.8 mile upstream of I-85 +406 Tributary 1 At the confluence with Nutbrush Creek +331 Vance County (Unincorporated Areas), City of Henderson. Approximately 1.2 miles upstream of the confluence with Nutbrush Creek +416 Tributary 2 At the confluence with Nutbrush Creek +346 Vance County (Unincorporated Areas), City of Henderson. Approximately 1,700 feet upstream of I-85 +429 Tributary 2A At the confluence with Nutbrush Creek Tributary 2 +360 Vance County (Unincorporated Areas), City of Henderson. Approximately 0.6 mile upstream of the confluence with Nutbrush Creek Tributary 2 +400 Tributary 2B At the confluence with Nutbrush Creek Tributary 2 +368 Vance County (Unincorporated Areas), City of Henderson. Approximately 0.4 mile upstream of I-85 +466 Tributary 3 At the confluence with Nutbrush Creek +369 City of Henderson. Approximately 200 feet upstream of Granite Street +444 Tributary 3A At the confluence with Nutbrush Creek Tributary 3 +375 City of Henderson. Approximately 0.4 mile upstream of Beckford Drive +443 Tributary 3B At the confluence with Nutbrush Creek Tributary 3 +394 City of Henderson. Approximately 700 feet upstream of Parkway Drive +440 Red Bud Creek At the confluence with Ruin Creek +311 Vance County (Unincorporated Areas), City of Henderson. Approximately 1.8 miles upstream of the confluence of Red Bud Creek Tributary +362 Red Bud Creek Tributary At the confluence with Red Bud Creek +313 Vance County (Unincorporated Areas), City of Henderson. Approximately 1.8 miles upstream of the confluence with Red Bud Creek +375 Ruin Creek At the confluence with Tabbs Creek +261 Vance County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence of Red Bud Creek +344 Sandy Creek Approximately 0.5 mile downstream of the confluence of Weaver Creek +298 Vance County (Unincorporated Areas), City of Henderson. Approximately 900 feet upstream of Highway 1 +448 Tributary 11 At the confluence with Sandy Creek +403 Vance County (Unincorporated Areas), City of Henderson. Approximately 700 feet upstream of Route 1 +421 Tributary 12 At the confluence with Sandy Creek Tributary 11 +415 City of Henderson. Approximately 0.4 mile upstream of the confluence of Sandy Creek Tributary 11 +424 Tabbs Creek Approximately 2.0 miles upstream of the confluence with Tar River +237 Vance County (Unincorporated Areas). Approximately 625 feet upstream of Old Watkins Road +285 Tar River At the Franklin/Vance County boundary +228 Vance County (Unincorporated Areas). Approximately 0.9 mile upstream of Green Hill Road +245 Weaver Creek At the confluence with Sandy Creek +309 Vance County (Unincorporated Areas). Approximately 0.5 mile upstream of Vicksboro Road +349 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Vance County (Unincorporated Areas) Maps are available for inspection the Vance County Code Enforcement and Planning Department, 122 Young Street, Suite B, Henderson, North Carolina. City of Henderson Maps are available for inspection at the Henderson City Hall, 180 South Beckford Drive, Henderson, North Carolina. Warren County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7560 and D-7660 Bens Creek At the downstream county boundary +187 Warren County (Unincorporated Areas). Approximately 850 feet upstream of Skinner Road +265 Big Branch At the confluence with Little Fishing Creek and Walkers Creek +240 Warren County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Little Fishing Creek and Walkers Creek +250 Big Stone House Creek At the confluence with Lake Gaston +203 Warren County (Unincorporated Areas). Approximately 3.2 miles upstream of Epworth Road +240 Blue Mud Creek At the confluence with Terrapin Creek +227 Warren County (Unincorporated Areas). At the confluence of West Branch +274 Tributary 1 At the confluence with Blue Mud Creek +227 Warren County (Unincorporated Areas). Approximately 570 feet upstream of the confluence of Blue Mud Creek Tributary 1A +250 Tributary 1A At the confluence with Blue Mud Creek Tributary 1 +239 Warren County (Unincorporated Areas). Approximately 750 feet upstream of the confluence with Blue Mud Creek Tributary 1 +244 Bobs Branch At the confluence with Fishing Creek +176 Warren County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Fishing Creek Warren County (Unincorporated Areas). +180 Bridle Creek At the confluence with Fishing Creek +238 Warren County (Unincorporated Areas). Approximately 3.2 miles upstream of the confluence with Fishing Creek +304 Buffalo Branch At the confluence with Shocco Creek +254 Warren County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Shocco Creek +284 Buffalo Creek At the confluence with Fishing Creek +192 Warren County (Unincorporated Areas). Approximately 1.2 miles upstream of Davis Bugg Road +216 Cabin Branch At the confluence with Shocco Creek +223 Warren County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Shocco Creek +242 Cabin Branch (into Smith Creek) At the confluence with Smith Creek +240 Warren County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Smith Creek +257 Coleman Branch At the confluence with Hawtree Creek +203 Warren County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Hawtree Creek +217 Dowtins Creek At the confluence with Walkers Creek +261 Warren County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with Walkers Creek +287 Ellington Branch At the confluence with Little Deep Creek +253 Warren County (Unincorporated Areas). Approximately 1,200 feet upstream of the confluence with Little Deep Creek +256 Fishing Creek At the downstream county boundary +165 Warren County (Unincorporated Areas). At the upstream county boundary +345 Gum Pond Branch At the confluence with Fishing Creek +200 Warren County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Fishing Creek +208 Gunters Creek At the confluence with Fishing Creek +181 Warren County (Unincorporated Areas). Approximately 150 feet downstream of Tutelo Road +198 Hawtree Creek Approximately 700 feet downstream of Peete Farm Road +203 Warren County (Unincorporated Areas). Approximately 1,400 feet upstream of the confluence of Hawtree Creek Tributary 5 +270 Tributary 1 At the confluence with Hawtree Creek +203 Warren County (Unincorporated Areas). Approximately 1.0 mile upstream with the confluence with Hawtree Creek +224 Tributary 2 At the confluence with Hawtree Creek +211 Warren County (Unincorporated Areas). Approximately 1,700 feet upstream of the confluence with Hawtree Creek +220 Warren County (Unincorporated Areas). Tributary 3 At the confluence with Hawtree Creek +229 Warren County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Hawtree Creek +243 Tributary 4 At the confluence with Hawtree Creek +243 Warren County (Unincorporated Areas). Approximately 1,400 feet upstream of Boyd Stegall Road +250 Tributary 5 At the confluence with Hawtree Creek +264 Warren County (Unincorporated Areas). Approximately 430 feet upstream of Waviely Thompson Road +272 Hogpen Branch At the confluence with Fishing Creek +176 Warren County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Fishing Creek +190 Horse Creek At the confluence with Fishing Creek +251 Warren County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with Fishing Creek +253 Horsepen Branch At the confluence with Shocco Creek +242 Warren County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Shocco Creek +258 Hubquarter Creek At the confluence with Lake Gaston +203 Warren County (Unincorporated Areas). Approximately 2.0 miles upstream of Flemming Mill Road +254 Tributary 1 At the confluence with Hubquarter Creek +211 Approximately 1.5 miles upstream of Flemming Mill Road +269 John H. Kerr Reservoir Entire shoreline within County +320 Warren County (Unincorporated Areas). Jordan Creek At the confluence with Lake Gaston +203 Warren County (Unincorporated Areas). Approximately 1.7 miles upstream of Wise Five-Forks Road +251 Keats Branch At the confluence with John H. Kerr Reservoir +320 Warren County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with John H. Kerr Reservoir +328 Lake Gaston Entire shoreline west of Eaton Ferry Road +203 Warren County (Unincorporated Areas). Lees Branch At the confluence with Shocco Creek +284 Warren County (Unincorporated Areas). Approximately 630 feet upstream of Pinnel Road +324 Little Deep Creek At the confluence with Smith Creek +230 Warren County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence of Ellington Branch +259 Little Fishing Creek Approximately 300 feet downstream of the confluence of Bens Creek +185 Warren County (Unincorporated Areas). At the confluence of Big Branch and Walkers Creek +240 Tributary 2 At the downstream county boundary +241 Warren County (Unincorporated Areas). Approximately 0.3 mile upstream of the county boundary +246 Tributary 4 At the downstream county boundary +190 Warren County (Unincorporated Areas). Approximately 930 feet upstream of Long School Road +244 Little Shocco Creek At the confluence with Shocco Creek +206 Warren County (Unincorporated Areas). Approximately 2.2 miles upstream of Rod Alston Road +258 Little Stone House Creek At the upstream side of Shawspring Road +258 Warren County (Unincorporated Areas). Approximately 0.6 mile upstream of Shawspring Road +214 Long Branch At the confluence with Fishing Creek +192 Warren County (Unincorporated Areas). Approximately 0.4 mile upstream of Otis Clark Road +217 Maple Branch At the confluence with Fishing Creek +168 (Warren County Unincorporated Areas) Approximately 0.6 mile upstream of Maple Road +206 Matthews Creek At the confluence with Fishing Creek +291 Warren County (Unincorporated Areas). Approximately 1.7 miles upstream of Manson Axtell Road +335 Mill Branch At the confluence with Fishing Creek +207 Warren County (Unincorporated Areas). Approximately 800 feet upstream of Gum Pond Road +213 Mill Creek At the confluence with Lake Gaston +203 Warren County (Unincorporated Areas) At the North Carolina/Virginia border +214 Owens Creek At the confluence with Fishing Creek +268 Warren County (Unincorporated Areas). Approximately 2.3 miles upstream of Ridgeway Road +358 Phoebes Creek At the confluence with Fishing Creek +264 Warren County (Unincorporated Areas). Approximately 400 feet downstream of Martin Luther King Boulevard +210 Porter Creek At the county boundary +228 Warren County (Unincorporated Areas). Approximately 0.3 mile upstream of the county boundary +232 Possumquarter Creek At the confluence with Fishing Creek +234 Warren County (Unincorporated Areas). Approximately 2.0 miles upstream of Baltimore Church Road +258 Reedy Branch At the confluence with Fishing Creek +187 Warren County (Unincorporated Areas). Approximately 0.9 miles upstream of the confluence with Fishing Creek +196 Reedy Creek Approximately 100 feet upstream of the county boundary +179 Warren County (Unincorporated Areas). Approximately 0.5 miles upstream of Airport Road +367 Reedy Creek (into John H. Kerr Reservoir) At the North Carolina/Virginia border +219 Warren County (Unincorporated Areas). Approximately 1.3 miles upstream of North Carolina/Virginia border +251 Richneck Creek At the confluence with Fishing Creek +234 Warren County (Unincorporated Areas). Approximately 150 feet downstream of Limer Town Road +277 Tributary 1 At the confluence with Fishing Creek +249 Warren County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Richneck Creek +283 Roanoke River Tributary 18 At the confluence with Lake Gaston +203 Warren County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Lake Gatson +250 Rocky Branch At the confluence with Hawtree Creek +213 Warren County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Hawtree Creek +233 Sandy Creek At the downstream county boundary +280 Warren County (Unincorporated Areas). At the upstream county boundary +298 Sauls Creek At the confluence with Hawtree Creek +224 Warren County (Unincorporated Areas). Approximately 0.5 miles upstream of the confluence with Hawtree Creek +231 Shocco Creek At the confluence with Fishing Creek +166 Warren County (Unincorporated Areas). Approximately 2.7 miles upstream of Shepard Road +313 Tributary 1 At the confluence with Shocco Creek +210 Warren County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Shocco Creek +232 Sixpound Creek At the confluence with Lake Gaston +203 Warren County (Unincorporated Areas). Approximately 3.1 miles upstream of Wise Five-Forks Road +253 Smith Creek Approximately 1,400 feet downstream of U.S. Route 1 +222 Warren County (Unincorporated Areas). Approximately 0.5 miles upstream of Ridgeway Drewry Road +308 Tributary 1 At the confluence with Smith Creek +224 Warren County (Unincorporated Areas). Approximately 2.2 miles upstream of the confluence with Smith Creek +253 Tributary 1A At the confluence with Smith Creek Tributary 1 +239 Warren County (Unincorporated Areas). Approximately 0.3 miles upstream of the confluence with Smith Creek Tributary 1 +254 Tributary 2 At the confluence with Smith Creek +224 Warren County (Unincorporated Areas). Approximately 0.8 miles upstream of the confluence with Smith Creek +241 Tributary 3 At the confluence with Smith Creek +275 Warren County (Unincorporated Areas). Approximately 0.3 miles upstream of the confluence with Smith Creek +279 Tributary 4 At the confluence with Smith Creek +278 Warren County (Unincorporated Areas). Approximately 0.9 miles upstream of the confluence with Smith Creek +304 Tributary 5 At the confluence with Smith Creek +298 Warren County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Smith Creek +306 Terrapin Creek At the confluence with Smith Creek +223 Warren County (Unincorporated Areas). Approximately 1,700 feet upstream of Beaver Dam Road +260 Tributary 1 At the confluence with Terrapin Creek +223 Warren County (Unincorporated Areas). Approximately 1,200 feet upstream of the confluence with Terrapin Creek +229 Walkers Creek At the confluence with Little Fishing Creek and Big Branch +240 Warren County (Unincorporated Areas). Approximately 700 feet upstream of Airport Road +278 Walkers Creek Tributary At the confluence with Walkers Creek +251 Warren County (Unincorporated Areas). Approximately 0.7 miles upstream of the confluence with Walkers Creek +267 West Branch At the confluence with Blue Mud Creek +274 Warren County (Unincorporated Areas), Town of Norlina. Approximately 2.0 miles upstream of the confluence with Blue Mud Creek +349 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Norlina Maps are available for inspection at the Norlina Town Hall, 101 Main Street, Norlina, North Carolina. Warren County (Unincorporated Areas) Maps available for inspection at the Warren County Planning and Zoning Office, 542 West Ridgeway Street, Warrenton, North Carolina. [?USGPO Galley End: (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: November 6, 2006. David I. Maurstad, Director, Mitigation Division. Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-19114 Filed 11-13-06; 8:45 am] BILLING CODE 9110-12-P 71 219 Tuesday, November 14, 2006 Proposed Rules DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-208270-86] RIN 1545-AM12 Income and Currency Gain or Loss With Respect to a Section 987 QBU; Hearing Cancellation AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Cancellation of notice of public hearing on proposed rulemaking. SUMMARY: This document cancels a public hearing on proposed regulations concerning the determination of the items of income or loss of a taxpayer with respect to a section 987 qualified business unit, as well as the timing, amount, character and source of any section 987 gain or loss. DATES: The public hearing, originally scheduled for November 21, 2006, at 10 a.m. is cancelled. FOR FURTHER INFORMATION CONTACT: Kelly Banks of the Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration) at

(202)622-0392 (not a toll-free number). SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking and notice of public hearing that appeared in the **Federal Register** on Thursday, September 7, 2006 (71 FR 52876), announced that a public hearing was scheduled for November 21, 2006, at 10 a.m. in the IRS Auditorium, New Carrollton Federal Building, 5000 Ellin Road, Lanham, MD 20706. The subject of the public hearing is under section 987 of the Internal Revenue Code. The public comment period expires on December 6, 2006. The notice of proposed rulemaking and notice of public hearing instructed those interested in testifying at the public hearing to submit an outline of the topics to be addressed. As of Wednesday, November 1, 2006, no one has requested to speak. Therefore, the public hearing scheduled for November 21, 2006, is cancelled. Cynthia Grigsby, Senior Federal Register Liaison, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E6-19138 Filed 11-13-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7682] 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 Caswell County, North Carolina and Incorporated Areas Bear Branch At the confluence with Moon Creek None +426 Caswell County (Unincorporated Areas). Approximately 2.6 miles upstream of the confluence with Moon Creek None +469 Tributary 1 At the confluence with Bear Branch None +432 Caswell County (Unincorporated Areas). Approximately 900 feet upstream of the confluence with Bear Branch None +432 Tributary 2 At the confluence with Bear Branch None +457 Caswell County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Bear Branch None +480 Benaja Creek At the confluence with South Country Line Creek None +430 Caswell County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with South Country Line Creek None +437 Burkes Creek At the confluence with Penson Creek None +462 Caswell County (Unincorporated Areas). Approximately 150 feet upstream of Oakview Loop Road (SR 1156) None +570 Burlington Reservoir Backwater area approximately 0.8 mile west along Caswell/Alamance County boundary from Tom's Creek Crossing County boundary None +579 Caswell County (Unincorporated Areas). Byrds Creek At the confluence with South Country Line Creek None +457 Caswell County (Unincorporated Areas). Approximately 2.6 miles upstream of Fitch Road (SR 1751) None +581 Cane Creek At the confluence with Dan River None +384 Caswell County (Unincorporated Areas). Approximately 250 feet upstream of Mountain Hill Road (SR 1527) None +384 Cobbs Creek At the Caswell/Person County boundary None +422 Caswell County (Unincorporated Areas). Approximately 75 feet upstream of Old Durham Road (SR 1700) None +536 Tributary 1 At the confluence with Cobbs Creek None +436 Caswell County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Cobbs Creek None +495 Country Line Creek Approximately 0.6 mile downstream of Broad Street None +377 Caswell County (Unincorporated Areas), Town of Milton, Town of Yanceyville. Approximately 1.4 miles upstream of Camp Springs Road (SR 1146) None +603 Tributary 1 At the confluence with Country Line Creek None +377 Caswell County (Unincorporated Areas), Town of Milton. Approximately 0.5 mile upstream of Doll Branch Road (SR 1538) None +461 Tributary 10 At the confluence with Country Line Creek None +426 Caswell County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Country Line Creek None +447 Tributary 11 At the confluence with Country Line Creek None +431 Caswell County (Unincorporated Areas). Approximately 2.1 miles upstream of NC Highway 62 None +504 Tributary 12 At the confluence with Country Line Creek None +499 Caswell County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Country Line Creek None +499 Tributary 13 At the confluence with Country Line Creek None +499 Caswell County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with Country Line Creek None +537 Tributary 14 At the confluence with Country Line Creek None +500 Caswell County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with Country Line Creek None +557 Tributary 15 At the confluence with Country Line Creek None +500 Caswell County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Country Line Creek None +529 Tributary 16 At the confluence with Country Line Creek None +511 Caswell County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Country Line Creek None +586 Tributary 16A At the confluence with Country Line Creek Tributary 16 None +518 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Country Line Creek Tributary 16 None +548 Tributary 17 At the confluence with Country Line Creek None +531 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Country Line Creek None +559 Tributary 18 At the confluence with Country Line Creek None +538 Caswell County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Country Line Creek None +561 Tributary 19 At the confluence with Country Line Creek None +542 Caswell County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Country Line Creek None +591 Tributary 19A At the confluence with Country Line Creek Tributary 19 None +550 Caswell County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Country Line Creek Tributary 19 None +605 Tributary 2 At the confluence with Country Line Creek None +377 Caswell County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Country Line Creek None +378 Tributary 3 At the confluence with Country Line Creek None +390 Caswell County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Country Line Creek None +414 Tributary 4 At the confluence with Country Line Creek None +392 Caswell County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Country Line Creek None +409 Tributary 5 At the confluence with Country Line Creek None +395 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Country Line Creek None +401 Tributary 6 At the confluence with Country Line Creek None +407 Caswell County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Country Line Creek None +409 Tributary 7 At the confluence with Country Line Creek None +408 Caswell County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Country Line Creek None +456 Tributary 8 At the confluence with Country Line Creek None +412 Caswell County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Country Line Creek None +432 Tributary 9 At the confluence with Country Line Creek None +417 Caswell County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Country Line Creek None +451 Coy Creek At the confluence with Dan River None +388 Caswell County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Dan River None +392 Dan River (downstream reach) Approximately 250 feet downstream of North Broad Street (SR 57) None +378 Caswell County (Unincorporated Areas), Town of Milton. Approximately 1.0 mile upstream of the confluence of Hogans Creek None +395 Dan River (near Williamson Creek) At the NC/VA State boundary None +466 Caswell County (Unincorporated Areas). At the Caswell/Rockingham County boundary None +470 Dan River Tributary 1 At the North Carolina/Virginia State boundary None +466 Caswell County (Unincorporated Areas). Approximately 1.2 miles upstream of the North Carolina/Virginia State boundary None +479 East Prong Moon Creek At the confluence with Moon Creek None +432 Caswell County (Unincorporated Areas). Approximately 2.7 miles upstream of Hodges Dairy Road None +547 Tributary 1 At the confluence with East Prong Moon Creek None +498 Caswell County (Unincorporated Areas). Approximately 400 feet upstream of James Foster Road (SR 1312) None +517 Tributary 2 At the confluence with East Prong Moon Creek None +501 Caswell County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with East Prong Moon Creek None +528 Tributary 3 At the confluence with East Prong Moon Creek None +503 Caswell County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence with East Prong Moon Creek None +570 Glasby Branch At the confluence with Cane Creek None +384 Caswell County (Unincorporated Areas). At the Caswell County, NC/Pittsylvania County, VA State boundary None +408 Grays Branch At the confluence with Stony Creek None +619 Caswell County (Unincorporated Areas). Approximately 1.5 miles upstream of Shaw Road None +738 Hyco Creek Tributary 1 At the confluence with Hyco Creek None +522 Caswell County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Hyco Creek None +586 Hogans Creek At the confluence with Dan River None +393 Caswell County (Unincorporated Areas). Approximately 1,000 feet upstream of the Rockingham/Caswell County boundary None +476 Hogans Creek Tributary 1 At the confluence with Hogans Creek None +397 Caswell County (Unincorporated Areas). Approximately 120 feet downstream of NC Highway 86 None +418 Tributary 1A At the confluence with Hogans Creek Tributary 1 None +399 Caswell County (Unincorporated Areas). Approximately 740 feet upstream of the confluence with Hogans Creek Tributary 1 None +404 Tributary 2 At the confluence with Hogans Creek None +400 Caswell County (Unincorporated Areas). Approximately 0.4 mile upstream of NC Highway 86 None +417 Tributary 3 At the confluence with Hogans Creek None +420 Caswell County (Unincorporated Areas). Approximately 200 feet downstream of Chigger Ridge Road None +420 Tributary 4 At the Rockingham/Caswell County boundary None +476 Caswell County (Unincorporated Areas). Approximately 1,500 feet upstream of the Rockingham/Caswell County boundary None +479 Hostler Branch At the confluence with Country Line Creek None +507 Caswell County (Unincorporated Areas). Approximately 4.9 miles upstream of NC Highway 150 None +637 Tributary 1 At the confluence with Hostler Branch None +531 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Hostler Branch None +556 Hyco Creek Approximately 1.9 miles downstream of the confluence with Kilgore Creek (into Hyco Creek) None +413 Caswell County (Unincorporated Areas). Approximately 2.0 miles upstream of Gunn Poole Road (SR 1767) None +572 Hyco Lake Entire shoreline within Caswell County None +413 Caswell County (Unincorporated Areas). Kilgore Creek (into Country Line Creek) At the confluence with Country Line Creek None +386 Caswell County (Unincorporated Areas). Approximately 1.2 miles upstream of Jack Pointer Road (SR 1557) None +430 Kilgore Creek (into Hyco Creek) At the confluence with Hyco Creek None +427 Caswell County (Unincorporated Areas). Approximately 2.1 miles upstream of U.S. 158 None +562 Little Wolf Island Creek At the confluence with Wolf Island Creek None +472 Caswell County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Wolf Island Creek None +475 Lick Fork Creek At the confluence with Hogans Creek None +470 Caswell County (Unincorporated Areas). At the Rockingham/Caswell County boundary None +470 Little Rattlesnake Creek At the confluence with Dan River None +383 Caswell County (Unincorporated Areas). Approximately 1,500 feet upstream of Old Saterfield Road (SR 1534) None +459 Lynch Creek At the confluence with Hyco Creek None +477 Caswell County (Unincorporated Areas). Approximately 1.5 miles upstream of Dave Smith Road (SR 1771) None +565 Tributary 1 At the confluence with Lynch Creek None +512 Caswell County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Lynch Creek None +606 Tributary 2 At the confluence with Lynch Creek None +536 Caswell County (Unincorporated Areas). At the Caswell/Alamance County boundary None +617 Moon Creek At the confluence with Dan River None +391 Caswell County (Unincorporated Areas). Approximately 700 feet upstream of Big Oak Farm Road (SR 1303) None +504 Tributary 1 At the confluence with Moon Creek None +391 Caswell County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Moon Creek None +514 Tributary 2 At the confluence with Moon Creek None +393 Caswell County (Unincorporated Areas). Approximately 1,800 feet upstream of the confluence with Moon Creek None +395 Tributary 3 At the confluence with Moon Creek None +401 Caswell County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Moon Creek None +436 Tributary 4 At the confluence with Moon Creek None +403 Caswell County (Unincorporated Areas). Approximately 1,400 feet upstream of the confluence with Moon Creek None +408 Tributary 5 At the confluence with Moon Creek None +414 Caswell County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Moon Creek None +435 Tributary 6 At the confluence with Moon Creek None +415 Caswell County (Unincorporated Areas). Approximately 1,350 feet upstream of the confluence with Moon Creek None +425 Nats Fork At the confluence with Country Line Creek None +500 Caswell County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Country Line Creek None +503 Negro Creek At the confluence with Hyco Creek None +489 Caswell County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence of Negro Creek Tributary 2 None +617 Tributary 1 At the confluence with Negro Creek None +499 Caswell County (Unincorporated Areas). Approximately 1.3 miles upstream of Gunn Poole Road (SR 1767) None +635 Tributary 2 At the confluence with Negro Creek None +592 Caswell County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Negro Creek None +643 North Fork Rattlesnake Creek At the confluence with Rattlesnake Creek None +389 Caswell County (Unincorporated Areas). Approximately 3.2 miles upstream of Slade Road None +543 Panthers Branch At the confluence with Hyco Creek None +475 Caswell County (Unincorporated Areas). Approximately 1.7 miles upstream of Barnwell Road (SR 1774) None +634 Tributary 1 At the confluence with Panthers Branch None +500 Caswell County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence with Negro Creek None +620 Penson Creek At the confluence with South Country Line Creek None +452 Caswell County (Unincorporated Areas). Approximately 0.9 mile upstream of Badgett Sisters Parkway (SR 1156) None +593 Pumpkin Creek At the North Carolina/Virginia State boundary None +443 Caswell County (Unincorporated Areas). Approximately 1.3 miles upstream of the North Carolina/Virginia State boundary None +472 Rattlesnake Creek At the confluence with Dan River None +389 Caswell County (Unincorporated Areas). At the confluence of North Fork and South Fork Rattlesnake Creeks None +389 Tributary 1 At the confluence with Rattlesnake Creek None +389 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Rattlesnake Creek None +396 Tributary 2 At the confluence with Rattlesnake Creek None +389 Caswell County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence with Rattlesnake Creek None +436 Tributary 2A At the confluence with Rattlesnake Creek Tributary 2 None +389 Caswell County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Rattlesnake Creek Tributary 2 None +470 Reedy Fork Creek Approximately 1.2 miles downstream of the confluence with Reedy Fork Creek Tributary 1 None +413 Caswell County (Unincorporated Areas). Approximately 4.9 miles upstream of U.S. 158 None +550 Tributary 1 At the confluence with Reedy Fork Creek None +426 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Reedy Fork Creek None +451 Tributary 2 At the confluence with Reedy Fork Creek None +437 Caswell County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Reedy Fork Creek None +453 South Country Line Creek At the confluence with Country Line Creek None +426 Caswell County (Unincorporated Areas). Approximately 3.7 miles upstream of Rascoe Dameron Road (SR 1759) None +594 Tributary 1 At the confluence with South Country Line Creek None +446 Caswell County (Unincorporated Areas). Approximately 875 feet upstream of the confluence with South Country Line Creek None +446 Tributary 2 At the confluence with South Country Line Creek None +450 Caswell County (Unincorporated Areas). Approximately 2.9 miles upstream of the confluence with South Country Line Creek None +552 Tributary 2A At the confluence with South Country Line Creek Tributary 2 None +463 Caswell County (Unincorporated Areas). Approximately 1.8 miles upstream of the confluence with South Country Line Creek Tributary 2 None +536 Tributary 2A1 At the confluence with South Country Line Creek Tributary 2A None +476 Caswell County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with South Country Line Creek Tributary 2A None +506 Tributary 3 At the confluence with South Country Line Creek None +486 Caswell County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with South Country Line Creek None +532 Tributary 4 At the confluence with South Country Line Creek None +518 Caswell County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with South Country Line Creek None +574 South Fork Rattlesnake Creek At the confluence with Rattlesnake Creek None +389 Caswell County (Unincorporated Areas), Town of Yanceyville. Approximately 600 feet downstream of Fire Tower Road None +536 South Hyco Creek Approximately 1,300 feet downstream from the toe of South Hyco Dam None +445 Caswell County (Unincorporated Areas). At the Caswell/Orange County boundary None +590 Tributary 2 At the Caswell/Person County boundary None +553 Caswell County (Unincorporated Areas). Approximately 700 feet upstream of the Caswell/Person County boundary None +572 Sugartree Creek At the confluence with South Hyco Creek None +486 Caswell County (Unincorporated Areas). Approximately 2.5 miles upstream of Wrenn Road None +599 Tardy Branch At the confluence with Wolf Island Creek None +468 Caswell County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Wolf Island Creek None +480 Toms Creek Approximately 50 feet downstream of the Alamance/Caswell County boundary None +596 Caswell County (Unincorporated Areas). Approximately 0.6 mile upstream of Kerr's Chapel Road None +637 West Prong Moon Creek At the confluence with East Prong Moon Creek None +478 Caswell County (Unincorporated Areas). Approximately 250 feet upstream of Jones Road (SR 1315) None +531 Wolf Island Creek At the confluence with Dan River None +468 Caswell County (Unincorporated Areas). At the Caswell/Rockingham County boundary None +484 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Caswell County (Unincorporated Areas) Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina. Send comments to Mr. Nathaniel Hall, Caswell County Commissioners Chairman, P.O. Box 98, Yanceyville, North Carolina 27379. Town of Milton Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina. Send comments to The Honorable Walter L. Thomas, IV, Mayor of the Town of Milton, P.O. Box 248, Milton, North Carolina 27305. Town of Yanceyville Maps are available for inspection at the City of Yanceyville Planning Office, 200 East Church Street, Yanceyville, North Carolina. Send comments to The Honorable Daniel Printz, Mayor of the City of Yanceyville, P.O. Box 918, Yanceyville, North Carolina 27379. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: November 6, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-19110 Filed 11-13-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the Island Marble Butterfly (Euchloe ausonides insulanus) as Threatened or Endangered AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 12-month petition finding. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 12-month finding on a petition to list the island marble butterfly ( *Euchloe ausonides insulanus* ) under the Endangered Species Act of 1973, as amended (Act). After review of all available scientific and commercial information, we find that the petitioned action is not warranted. Furthermore, the Service and the National Park Service

(NPS)have entered into a Conservation Agreement that implements conservation measures specifically addressing the needs of the island marble butterfly. We request that you submit any new information concerning the status of and threats to this subspecies whenever it becomes available. We will continue to collaborate with our partners to expand the conservation efforts that have been instituted by several landowners on currently occupied habitat. DATES: The finding announced in this document was made on November 14, 2006. ADDRESSES: You may send data, information, comments, or questions concerning this finding to Ken Berg, Attn: Island Marble Butterfly, Western Washington Fish and Wildlife Office, U.S. Fish and Wildlife Service, 510 Desmond Drive, SE., Suite 102, Lacey, WA 98503; or via fax to 360-753-9008. You may inspect the petition, administrative records, supporting information, and comments received by appointment during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Ted Thomas or Jodi Bush at the Western Washington Fish and Wildlife Office (see ADDRESSES ); or by telephone at 360-753-9440; or by fax at 360-753-9008; or by electronic mail at *islandmarble@fws.gov* . SUPPLEMENTARY INFORMATION: Background On December 11, 2002, we received a petition dated December 10, 2002, requesting that we emergency list the island marble butterfly ( *Euchloe ausonides insulanus* ) as an endangered species, and that we designate critical habitat concurrently with the listing. The petition, submitted by the Xerces Society, Center for Biological Diversity, Friends of the San Juan, and Northwest Ecosystem Alliance, was clearly identified as a petition for a listing rule and contained the names, signatures, and addresses of the requesting parties. Included in the petition was supporting information regarding the species' taxonomy and ecology, historical and current distribution, present status, active imminent threats, and potential causes of decline. Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 *et seq.* ) requires that, for any petition to revise the Lists of Threatened and Endangered Wildlife and Plants that contains substantial scientific and commercial information that listing may be warranted, we make a finding within 12 months of the date of the receipt of the petition on whether the petitioned action is

(a)Not warranted,

(b)warranted, or

(c)warranted, but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether any species is threatened or endangered, and expeditious progress is being made to add or remove qualified species from the Lists of Endangered and Threatened Wildlife and Plants. Section 4(b)(3)(C) of the Act requires that a petition for which the requested action is found to be warranted but precluded be treated as though resubmitted on the date of such finding, i.e., requiring a subsequent finding to be made within 12 months. Each subsequent 12-month finding will be published in the **Federal Register** . Previous Federal Action On January 22, 2003, we sent a letter acknowledging receipt of the petition to Scott Hoffman Black, Executive Director of the Xerces Society. In our response, we advised the petitioners that we had insufficient funds to respond to the petition at that time and that we would not be able to begin processing the petition in a timely manner. On April 5, 2004, we received a 60-day notice of intent to sue for three butterfly species, the Taylor's checkerspot ( *Euphydryas editha taylori* ), the mardon skipper ( *Polites mardon* ), and the island marble butterfly. On October 18, 2004, plaintiffs filed a complaint for declaratory and injunctive relief, which specifically addressed conservation actions needed for the island marble butterfly. Taylor's checkerspot and mardon skipper butterflies were not addressed in that complaint and are not assessed in this petition finding. We negotiated a stipulated settlement agreement for the island marble butterfly, dated February 28, 2005, in which we agreed to work cooperatively with our conservation partners to conduct surveys and to assess the ecological needs of the subspecies during 2005. We also agreed to submit a 90-day petition finding to the **Federal Register** by February 5, 2006, and if necessary, submit a 12-month finding to the **Federal Register** by November 5, 2006. A 90-day finding was published in the **Federal Register** on February 13, 2006 (71 FR 7497). We found that the petition presented substantial scientific information indicating that listing the island marble butterfly may be warranted. Therefore, we initiated a status review of the subspecies. A 60-day public comment period was opened, to allow the public to provide information for the status review. This document constitutes our 12-month finding on the island marble butterfly, and is submitted in fulfillment of the stipulated settlement agreement. On October 31, 2006, the Service and the NPS entered into a “Conservation Agreement and Strategy for the Island Marble Butterfly ( *Euchloe ausonides insulanus* ),” that implements measures within San Juan Islands National Historical Park specifically addressing the conservation needs of the island marble butterfly. Species' Description and Life History The island marble butterfly is a member of the Pieridae family, subfamily Pierinae. The island marble butterfly is 1.75 inches (4.5 centimeters) long, creamy white (Pyle 2002, p. 142; Guppy and Sheppard 2001, p. 159), and is larger than other subspecies of the large marble butterfly ( *Euchloe ausonides* ). The yellow-green marbled pattern on the ventral hindwings and forewings characterizes adults of the subspecies (Pyle 2002, p. 142; Guppy and Sheppard 2001, p. 159). The eggs of the island marble butterfly are bluish-greenish to cream when laid (Pyle 2002, p. 142; Guppy and Sheppard 2001, p. 159), and change to orange or red at maturity. Larvae have five instars (developmental stages between each molt) before over-wintering as pupae. Larvae are steely-blue above, transitioning to green below, with bright yellow stripes along the sides and back, and are peppered with small black spots (Pyle 2002, p. 142). Fifth-instar larvae walk about to find secure resting locations for pupation on the lower stem of food plants, where the pupae over-winter until emerging as adults the following spring. The island marble butterfly is univoltine (the subspecies has just one flight period per year) (Pyle 2002, p. 142; Pyle 2003, p. 34). The flight period of adult butterflies generally commences in early April and is completed by mid-June in the San Juan Islands, Washington (Miskelly 2005, p. 5). Eggs may be observed for a week beyond when adults are observed, and larvae have been observed until early July (Miskelly 2005, p. 5). Distribution and Status Historically, the island marble butterfly has always been rare (Guppy and Shepard 2001, p. 161). The subspecies was known from 14 museum records from collections made in British Columbia, Canada, from 1861 to 1908. The specimens are displayed in museum collections in British Columbia, Canada, and the Smithsonian Institution, Washington, DC. Historically, the island marble butterfly was only known from Vancouver Island and the Canadian Gulf Islands, which are part of the same geologic formation as the San Juan Archipelago. The island marble butterfly was last observed on Gabriola Island, Canada in 1908; has not been observed on Vancouver Island or the Canadian Gulf Islands since 1908; and was considered to be extirpated throughout its known range. The butterfly was discovered on San Juan Island, Washington, in 1998 by John Fleckenstein, a biologist with the Natural Heritage Program of the Washington Department of Natural Resources (WDNR); that discovery was published in 2001 by Guppy and Shepard (p. 160). Taxonomy The island marble butterfly is distinct from its nearest relative, the large marble butterfly ( *Euchloe ausonides* ), which is widespread in British Columbia east of the Coast Range, and in Washington and Oregon, where it is found exclusively east of the Cascade Mountains (Guppy and Shepard 2001, p. 160; Pyle 2002, p. 142). The large marble butterfly is not found in coastal or island locations. Because the island marble butterfly has distinct physical characteristics and its behavior is adapted to the mosaic of habitat conditions and plant assemblages specifically adapted to the San Juan Islands, the subspecies has likely existed there for well over a century, and perhaps since the last glaciation (R. M. Pyle, pers. comm., June 2006). Habitat The island marble butterfly was known to occur exclusively in grassland habitat that historically was dominated by the grasses *Festuca roemeri* (native bunchgrass), *Elymus glaucus* (blue wildrye), *Danthonia californica* (California oat-grass), and native forbs including *Camassia quamash* (common camas), *Fritillaria lanceolata* (chocolate lily), *Zygadenus venenosus* (death camas), and *Cerastium arvense* (field chickweed) (Lambert 2005c, p. 7). *Arabis* spp. (rockcress species) were likely food plants for the island marble butterfly (Guppy and Shepard 2001, p. 160); however, they are currently rare in much of the San Juan Islands. Island marble butterfly larvae are currently known to feed on plants of the Brassicaceae (mustard) family in three types of habitat:

(1)Native *Lepidium virginicum* var. *menziesii* (tall or Puget Sound peppergrass) found at the edge of coastal lagoons just above the marine shoreline of Griffin Bay, north of American Camp, a National Historic Park on San Juan Island (Lambert 2005c, p. 7; Miskelly 2005, p. 7);

(2)nonnative, annual mustards such as *Brassica campestris* (field mustard) and *Sisymbrium altissimum* (tall tumble-mustard) in upland habitat; and

(3)tall tumble-mustard in sand dune habitat. Adult island marble butterflies were most commonly observed nectaring on *Lepidium virginicum* var. *menziesii* , *Brassica campestris* , *Sisymbrium altissimum* , *Hypochaeris radicata* (hairy cat's ear), *Taraxacum officinale* (dandelion), and *Cakile edentula* (sea rocket) (Miskelly 2005, p. 6). The use of native and non-native mustards by the island marble butterfly is likely a shift from the preferred larval food plants used historically. Guppy and Shepard (2001, p. 160) discuss several species of *Arabis* , *Descurainia* , and *Barbarea* (all members of the Brassicaceae (mustard) family) that were likely used by the island marble butterfly. Most of these plants are absent from San Juan and Lopez Islands, possibly due to the shift in dominance to pasture grasses and other sod-forming grasses associated with agricultural practices, which reduce the establishment and maintenance of native forb species. The island marble butterfly appears to have shifted its larval food preference to the nonnative species *Brassica campestris* and *Sisymbrium altissimum* , although the native *Lepidium virginicum* var. *menziesii* is currently used by island marble butterfly larvae in lagoon habitat. A similar shift to nonnative plants in situations where the preferred larval host plants no longer exist has been observed in long-term studies of checkerspot butterflies (Ehrlich and Hanski 2004, p. 131; Stinson 2005, p. 88). It is not known whether this shift to using nonnative plants by butterflies was brought on by butterfly preference or plant availability. Nonnative mustard species are able to colonize disturbed areas. Many temporary ground-disturbing activities have short-term effects that do not appear to result in long-term changes to island marble butterfly population numbers or distribution. Regardless of how this shift in host plants occurred, the use of nonnative plants such as *Brassica* and *Sisymbrium* has likely contributed to the survival of the island marble butterfly on grassland habitat found within San Juan County, Washington, and is expected to continue to play a significant role in the species' continued existence. Surveys In 2005 and 2006, we partnered with Washington Departments of Fish and Wildlife and Natural Resources (WDFW and WDNR), the NPS, the University of Washington, and the Xerces Society to survey for the presence of the island marble butterfly during the adult flight period and while eggs were being laid and larvae were active (early April through late June). Qualified observers conducted approximately 325 surveys at more than 150 distinct locations in 6 counties and on 16 islands. Surveys were conducted for adult butterflies from mid-April to mid-June; eggs and larvae were surveyed during an additional 2-week period after the primary adult flight period (A. Potter, Wildlife Biologist, WDFW, pers. comm. 2006; A. Lambert 2005c, p. 14; Miskelly 2006, p. 14). The survey period was initiated on April 10 in both survey years, and was timed to commence with the flight period of the three previous springs. Both surveys were conducted until the flight period was finished, which was June 28, 2005, and June 17, 2006. Based on an analysis of potential habitat using Geographic Information System

(GIS)mapping, site visits, and field verification during 2005 and 2006, we surveyed 85 to 90 percent of the potential available island marble butterfly habitat. All surveys were conducted using an Intuitive Controlled survey method (Thomas and Carey 1996, p. 152), in which the surveyor walks at a leisurely speed (about 200 meters

(m)per 10 minutes), sweeping the grasses for hidden butterflies and closely examining specific areas of suitable habitat. A thorough search is also made in areas between suitable habitat and at the perimeter of the habitat patch. The ability to detect the island marble butterfly, as with most butterflies, depends on the distribution and availability of host plants for egg laying, larval development, and maturation to adult stages. Island marble butterflies were found only where the host mustards were found. Recent research by Dorazio et al. (2006, p. 842, 852) predicted that species' occurrence and butterfly diversity could be predicted accurately through the careful location of surveys. They concluded that a reasonable estimate of abundance would be attained through a reduced survey effort when the plant community sampled was selected based on the known occurrence of the target butterfly species. Surveys conducted in 2005 focused on areas with suitable habitat, which was defined by the presence of the three known larval food plants, *Brassica campestris* , *Sisymbrium altissimum* , and *Lepidium virginicum* var. *menziesii.* Sites with island marble butterfly detections in 2005 were revisited by survey teams more than 5 times in 2006. Our survey efforts during 2006 focused on previously unsurveyed islands and suitable habitat patches composed of host mustards. An additional objective in 2006 was to survey appropriate habitat adjacent to sites on San Juan and Lopez Islands that were documented to be occupied by island marble butterflies in 2005. The 2005 survey sites were used as focal points, and surveys were expanded outward into adjacent suitable habitat with landowner permission. Only a few new subpopulations were documented in 2006. During the 2-year survey period, 26 distinct locations occupied by the island marble butterfly were documented. Based on these surveys and the efforts of interested landowners, we have determined that up to five populations may exist on the two islands. These populations are identified as:

(1)American Camp and vicinity, which includes upland grassland habitat, lagoon, and sand dune habitat located on southern San Juan Island. The American Camp population is made up of lands managed by WDNR and NPS (566 acres

(ac)(229 hectares (ha)) of occupied habitat), privately owned lands managed as rural residential that are relatively highly developed (199 ac (81 ha) of occupied habitat), and privately owned lands managed as rural farm and forest (66 ac (27 ha) of occupied habitat). This population is considered the core island marble butterfly population.

(2)The San Juan Valley subpopulation is located on privately owned lands managed for agricultural resources (33 ac (13 ha) of occupied habitat).

(3)The Northwest San Juan Island subpopulation is located on privately owned lands managed as rural farm and forest (6.5 ac (3 ha) of occupied habitat).

(4)The Central Lopez Island subpopulation is located on privately owned lands and lands owned by the local school district managed as rural farm and forest (241 ac (98 ha) of occupied habitat).

(5)The West Central Lopez Island subpopulation is located on private lands managed for agricultural resources (11 ac (5 ha) of occupied habitat). Several other observations of dispersed or isolated individuals were made on Lopez and San Juan Islands. Because of the relatively low number of individuals found (compared to the sites identified above) and the distance from the populations identified above, these isolated individuals are not considered separate populations in the population count. Isolated sites, outside the locations described above, comprise an additional 2.5 ac (1 ha) of occupied habitat. After two seasons of intensive survey effort, we concluded that many types of habitat that we originally suspected to be potentially suitable habitat are not being utilized because they do not provide the conditions necessary for the larval food plants. Areas occupied by trees, areas above approximately 300 feet (92 m) elevation, and barrens occupied by European rabbits ( *Oryctolagus cuniculus* ) did not provide suitable habitat conditions, and it is unlikely that they would be occupied by island marble butterflies in the future unless the rabbits were removed. Each of these habitat types has been surveyed and there have been no detections of island marble butterflies. One habitat that may be suitable, but where we did not observe island marble butterflies, is grassland bald habitat (landforms with shallow soils, generally on south-facing, dry, often steep slopes and dominated by herbaceous vegetation, dwarf shrubs, or mosses and lichens) (WDNR 2006, p. 5). This habitat is found on many of the islands, and currently contains an assemblage of food plants used as adult nectar sources by the island marble butterfly. More importantly, grassland balds may be an appropriate habitat for native mustards such as rockcress ( *Arabis* spp.), and particularly hairy rockcress ( *Arabis hirsuta* ), a larval food plant (Guppy and Shepard 2001, p. 158). *A. hirsuta* is now uncommon on many of the San Juan County islands and was not observed in any location where we found island marble butterflies. Despite our current lack of documented occupation, we believe that more study is needed before we can understand the value of grassland bald habitat to the island marble butterfly. Population Size The known population size for island marble butterflies is probably less than 500 butterflies, and possibly as low as 300 individuals, based on counts of adult butterflies from transect information collected over multiple years at American Camp, the core population. The transect counts completed at American Camp documented 270 adult butterflies in 2004, and 194 adult butterflies in 2005. Individual butterflies observed outside transects were added to the transect totals to give an estimate of the number of butterflies found at all American Camp locations, including private and public properties. The populations found on San Juan Island appear to display classic metapopulation dynamics where a core population exists (American Camp) with several outlier subpopulations connected to it by migration (Ehrlich and Hanski 2004, p. 59). The peripheral subpopulations are made up of a few individuals that become established periodically in suitable habitat as individuals disperse from the core, and this habitat may or may not be occupied at all times. Peripheral locations of island marble butterflies appear to be connected to the core by habitat corridors that allow for dispersal and colonization. During 2005 and 2006, when extensive searches were made to locate new populations, we found individuals at only a few locations outside of the core population at American Camp on San Juan Island. Most of these locations had fewer than 5 adults, and one was composed of only a few eggs and larvae. In 2006, new locations with individuals were found; however, no island marble butterfly adults, eggs, or larvae were detected at several of the outlier locations identified in 2005 (e.g., Lopez School and other private land holdings). Population Structure The core population of the Island Marble butterfly at American Camp on San Juan Island makes up the majority of the population. It contains as much as 75 percent of the total population, and 74 percent (832 ac (337 ha)) of the habitat occupied by the island marble butterfly. The remaining island marble butterflies are dispersed in subpopulations found on private lands on San Juan Island and in two subpopulations on Lopez Island. These peripheral subpopulations comprise approximately 20 percent of the total population. These peripheral subpopulations, along with isolated individual areas (5 percent of the total population), include an additional 294 ac (118 ha) of occupied habitat (26 percent of the total occupied habitat). All subpopulations outside of the American Camp core population are small, and are found on mostly rural farms that are actively managed by the landowner and have suitable habitat containing the larval food plants. Because small-scale farming regularly disturbs the soil and creates habitat for host plants, these farms provide suitable habitat for the butterfly. The pattern of disturbances on public and private properties are expected to ensure that a mosaic of larval host plants and adult nectar sources will continue to be present within the core area for the butterfly and at dispersed locations on the islands. In coordination with the WDFW, the WDNR, and NPS, and with support from Washington State University Extension Service, we held meetings with local communities on San Juan and Lopez Islands in March 2006. More than 50 people attended these workshops, during which the biology of the island marble butterfly and conservation actions that could be implemented to promote suitable habitat were discussed. These meetings provided opportunities for surveying additional areas and provided habitat enhancement guidance for those landowners wanting to share in the conservation of the butterfly. Summary of Factors Affecting the Species Section 4 of the Act (16 U.S.C. 1533), and implementing regulations at 50 CFR part 424, set forth procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. Under section 4(a) of the Act, we may list a species on the basis of any of five factors, as follows:

(A)The present or threatened destruction, modification, or curtailment of its habitat or range;

(B)overutilization for commercial, recreational, scientific, or educational purposes;

(C)disease or predation;

(D)the inadequacy of existing regulatory mechanisms; or

(E)other natural or manmade factors affecting its continued existence. In making this finding, information regarding the status of, and threats to, the island marble butterfly in relation to the five factors provided in section 4(a)(1) of the Act follows. A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range Residential development, road construction and decommissioning, road maintenance activities, the use of herbicides, prescribed fire, and European rabbits may impact the island marble butterfly in its current range on San Juan and Lopez Islands of San Juan County, Washington. Development Residential development occurs on both San Juan and Lopez Islands. In particular, the Cattle Point Estate and Eagle Cove developments on private lands adjacent to NPS lands at American Camp threaten Island Marble butterfly habitat and increase mortality by increasing roads and traffic. These residential areas contain approximately 199 ac (81 ha) of the habitat occupied by island marble butterfly, constituting 18 percent of the total estimated occupied habitat. Approximately 50 percent of the habitat at American Camp proper (566 ac (229 ha)), including the NPS and WDNR lands will be managed in a natural condition, which is compatible with the conservation of the island marble butterfly. Development is occurring less rapidly to the north and west of American Camp and on Lopez Island, where small, rural farms with pastures and low-density private residences exist. Current management in these areas is compatible with management of the island marble butterfly habitat. These areas contain about 361 ac (146 ha), constituting 32 percent of habitat known to be occupied by island marble butterflies. Road Construction A planned road relocation project by the Federal Highway Administration

(FHA)will result in short-term adverse affects to the island marble butterfly. This project is planned for Cattle Point Road, the single access to American Camp, the Cattle Point Estates (a residential area east of American Camp), and a WDNR parcel known as the Cattle Point Natural Resource Conservation Area. The existing road, which covers about 3 ac (1 ha) is eroding. The slumping (deep-seated rotational failure) of the sandy soil is displacing the high bluff directly below the current road grade. Impacts of the road relocation could include temporary loss of as much as 13 ac (5 ha) of island marble butterfly habitat due to road construction activities and clearing, and removal of the subspecies' larval food plants and adult nectar sources. Approximately 3 ac (1 ha) of habitat could be lost in the short term, if the preferred alternative is implemented. The NPS is planning to restore the decommissioned area using native grasses and forbs (P. Dederich, NPS Superintendent, pers. comm. 2006; NPS Pacific West Region Directive 063), and as a result there would be no net loss of habitat from the road relocation over the long term. Consistent with their resource management policy, the NPS will require the use of native grasses and forbs for restoration of any disturbed areas (NPS Management Policy 1988, Section 4.4.1.2). The nonnative field mustard and tumble-mustard, which are primary larval host plants and adult nectar plants of the island marble butterfly in upland habitat, will likely become established on the disturbed ground because their plentiful seed will germinate the first year after ground disturbance (mustards are generally annual species with high seed production). Construction of the road will require the completion of an Environmental Impact Statement

(EIS)under the National Environmental Policy Act (42 U.S.C. 4321 *et seq.* ), and funding from the FHA. No schedule for the EIS or expected funding was available at the time this notice was written. However, based on information from the FHA, a draft EIS is expected by 2007. There appears to be no island marble butterfly breeding habitat along the proposed route for the Cattle Point highway realignment in the Park (Pyle 2006). While some individuals and host plants may occur, the road-building planning process and construction may proceed with little likelihood of mortality to these butterflies. Road Maintenance Activities Adults, eggs, and larvae of the island marble butterfly were observed in 2005, at the Fisherman's Bay tombolo (a narrow beach landform that connects the mainland to an island) on Lopez Island. In July 2005, the habitat was buried by sand by the road maintenance crews to make the vegetation less flammable for a July 4th fireworks display, likely killing any larvae or eggs that may have been present. When the larval food plants subsequently resprouted, they were mowed during routine road maintenance, likely removing habitat for eggs and larval development in 2006. This site was visited four times in 2005, and six times in 2006, and no adult butterflies, eggs, or larvae were observed. After discussions with San Juan County highway officials at the March 2006 workshop, and again in June 2006, the County agreed to address our concerns regarding their road maintenance activities and management of habitat for the island marble butterfly (Ruth Milner, WDFW, in litt. 2006) Grassland Restoration Grassland restoration activities being implemented by NPS to restore historic grassland conditions in San Juan Islands National Historical Park (SJINHP) have improved habitat for island marble butterflies. Nonnative vegetation targeted for removal includes pasture grasses and woody shrubs. In 2005, NPS implemented grassland restoration activities that included the planting of native species and the removal of invasive vegetation through the application of herbicides and prescribed fire. Based on these activities, especially the successful combination of herbicide and prescribed fire at American Camp, we anticipate that long-term positive effects of habitat restoration will significantly outweigh short-term impacts. A more robust island marble butterfly population is expected as a result of restoration activities due to an increase in the establishment of larval food plants and native nectar sources, and a reduction in competing weedy forb vegetation and encroaching woody shrubs and trees. The results of the restoration efforts implemented in 2005 at American Camp have produced high quality habitat for the island marble butterfly, increasing by approximately four times the number of host plants in the restoration area. Herbicides have been used in small experimental applications to test methods for reducing the distribution and spread of nonnative grasses at American Camp. In July 2005, herbicides were applied to approximately 3.7 ac (1.5 ha) of the 600 ac (243 ha) of grassland habitat at American Camp (William Gleason, Chief, Resource Management, SJINHP, pers. comm. 2005). Herbicide treatment was followed by a prescribed fire on the same footprint of land. Because these activities occurred prior to the end of the flight period, they likely harmed eggs, larvae, and adult island marble butterflies that were utilizing the food plants and grassland ecosystem. While many of the plants occupied by larvae were removed from the site prior to the herbicide treatment by volunteers and NPS personnel and relocated elsewhere (Lambert 2005b, p. 11), some may have been missed because of the difficulty in locating larvae. The herbicide and prescribed fire treatments were conducted in a test area as preparation for a larger scale restoration project that NPS plans for restoring the native grassland plant community at American Camp. Disturbances produced by the herbicides and fire treatments also create suitable areas for the establishment of mustards. Based on discussions with us and other interested parties, NPS has agreed to implement restoration activities at a time outside of the flight period of the island marble butterfly. In 2006, a year after the experimental treatment, the grassland area was recovering and providing significantly higher-quality habitat for the island marble butterfly than was present prior to the management action. More than 480 tumble-mustard plants were counted in May 2006, and nearly 20 percent (91 plants) of the plants had island marble butterfly eggs or larvae attached. This is approximately four times the number of mustard plants found previously at this same location (T. Thomas, pers. observation, 2006). Grassland restoration activities can have short-term detrimental effects to the island marble butterfly; however, they appear insignificant when compared to the long-term benefits. European Rabbits The European rabbit is a nonnative, burrowing species common on San Juan Island, and at American Camp in San Juan Island National Historical Park. Hall (1977, p. 293) summarized the history of the European rabbit on San Juan Island. Currently, more than 1,000 rabbits (Agee and West 2002, p. 3) consume all vegetation within approximately 180 ac (73 ha) of formerly grassland habitat at American Camp. However, the rabbit population does not appear to be expanding, and planning is underway by NPS to reduce its population size over time. Summary of Factor A The core of the population at American Camp is protected from development. Road construction and maintenance activities are not considered to be current threats to the island marble butterfly or its habitat. Grassland restoration activities (including herbicide treatments and prescribed fire) have shown success in increasing habitat and host plants and European rabbits do not appear to be a threat to the subspecies. Thus, we have determined that the present or threatened destruction, modification, or curtailment of the island marbled butterfly's habitat or range do not constitute a threat to the subspecies such that listing under the Act is warranted. B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes The NPS has not observed butterfly collecting at American Camp, or other locations where the island marble butterfly is present. Under NPS regulations, the collection of living or dead wildlife, fish, or plants, or the parts or products thereof, is prohibited on lands under NPS jurisdiction without a permit (36CFR 2.1(a)(1)(i) and (a)(1)(ii)). A verbal request was made by one individual for permission to collect this species (Rolfs, pers. comm. 2004). After discussions with conservation partners, the individual agreed to withdraw his request. Given the small number of island marble butterflies that remain in the wild, any collection of butterflies is likely to increase its extinction risk. However, at this time we do not believe that overutilization for commercial, recreational, scientific, or educational purposes is a significant threat to the island marble butterfly such that listing under the Act is warranted. C. Disease or Predation While predation by paper wasps (members of the Ichneumonidae, Vespidae, and Thomisidae families) and by crab spiders ( *Diaea* spp.) has been documented for the island marble butterfly (A. Lambert, NPS Science Day Conference, June 23, 2006), neither is considered to be a significant threat to the subspecies. D. The Inadequacy of Existing Regulatory Mechanisms As mentioned previously in this finding, under NPS regulations, the collection of living or dead wildlife, fish, or plants, or the parts or products thereof, is prohibited on lands under NPS jurisdiction without a permit (36 CFR 2.1(a)(1)(i) and (a)(1)(ii)). Washington State has designated the island marble butterfly as a candidate species, and identified the species as critically imperiled in its Comprehensive Wildlife Conservation Strategy (WDFW 2005, pp. 219, 314, 336-337). In this strategy, the WDFW identified several specific conservation actions for island marble butterfly management, including continuing to search for new populations and monitoring known sites, and protecting and restoring island marble butterfly habitat. Under San Juan County's Critical Area Ordinance, or San Juan County Code (SJCC 18.30.160.B2.c and SJCC 18.30.160.D.b.iv.), the County defers to State guidance for management recommendations for any State-designated priority habitat or species. However, the comprehensive plan for San Juan County requires concentration of development in specific areas and maintains a rural farm landscape elsewhere on the islands. This has been relatively successful in concentrating the high-density development outside of island marble butterfly population areas, and maintaining suitable habitat on Lopez and San Juan Islands. Based on the aforementioned regulatory protections, we have determined that the inadequacy of existing regulatory mechanisms does not constitute a threat to the island marble butterfly such that listing under the Act is warranted. E. Other Natural or Manmade Factors Affecting Its Continued Existence Natural threats to the island marble butterfly include the browsing of larval food plants by deer, and impacts of storm tides and tidal surges. Recreational trail use was identified in the petition as a threat; however, there is no evidence that this activity affects island marble butterflies. Black-tailed deer ( *Odocoileus columbianus* ) browse on larval food plants and adult nectar plants at most locations occupied by island marble butterflies (Miskelly 2005, p. 16), but the browsing does not appear to be at a level that significantly affects the butterflies. On February 4, 2006, a storm event with high tides and strong, gusty winds from the north created tidal surges in Griffin Bay, and the coastal lagoon habitat of the island marble butterfly was inundated with water. Logs that had been cast ashore in previous storms, and that provided anchors and structure for the establishment of vegetation, were floated and displaced, and coarse sediments were deposited on the beach, burying food plants and winter pupation sites for the island marble butterfly. Approximately 5 percent of the habitat available to the subspecies was buried, killing any pupae that were present. During the spring of 2006, several adult island marble butterflies were observed in this area (A. Lambert, pers. comm. 2006). Although the new substrate, deposited in February 2006, has become populated by a high density of Puget Sound peppergrass (R.M. Pyle, pers. comm. 2006), no butterfly reproduction was documented in the lagoon habitat during 2006, possibly due to the timing of the revegetation, which occurred after the flight period of the island marble butterfly. The tidal surge was measured as a typical 5- to 10-year event based on a 100-year record; however, the combination of tidal surge and wind gusts greater than 34 mph (54 km/h) created beach-altering conditions that were relatively uncommon. We expect that this site will be colonized by island marble butterflies in 2007. The natural factors listed above likely do not significantly impact the island marble butterfly population. Therefore, we have determined that there are no other natural or manmade factors that threatened the island marble butterfly such that its listing under the Act is warranted. Finding We assessed the best scientific and commercial information available regarding the threats faced by the island marble butterfly. We have reviewed the petition, information available in our files, and information submitted to us during the public comment period following our 90-day petition finding (71 FR 7497; February 13, 2006). We also consulted with recognized butterfly experts, Federal and State resource agencies, and non-governmental organizations with butterfly expertise, and we collected additional survey data. Actions that may impact island marble butterflies include development for housing, road construction, road maintenance, collisions with vehicles, storm and tidal surges that inundate and bury habitat, herbivory of host plants by deer, loss of habitat to nonnative rabbits, and succession of grassland habitat to shrubs and trees. However, most, if not all, of these impacts are localized. Due to the island marble butterfly's reliance on nonnative mustard species that experience resurgence after ground-disturbing activities, many temporary ground-disturbing activities have short-term effects that do not appear to result in negative long-term impacts to population numbers or distribution. While the island marble butterfly population has likely always been low (having not been observed prior to 1998), the subspecies has evidently been present on San Juan Island, and possibly Lopez Island, for the past century. This persistence has occurred without deliberate management meant to sustain the butterfly. This suggests that the butterfly has managed to either persist as several small populations or as one core population in the American Camp area for many years, with individual butterflies migrating and establishing satellite populations elsewhere on San Juan Island and on Lopez Island. Long-term threats are limited to less than 18 percent of the occupied area. The remaining 82 percent of the area occupied by the island marble butterfly is subject to short-term impacts that typically result in increased habitat of non-native mustards through ground disturbance, and increased use by island marble butterflies. This pattern of periodic disturbances is generally compatible with sustaining the subspecies in the longterm. The current threats analysis supports a determination that listing the island marble butterfly under the Act is not warranted. We will continue to assess the status of the butterfly by working with NPS, WDFW, conservation organizations, faculty and students from the University of Washington, the Washington State University Extension Service, and all private landowners with an interest in contributing to the conservation of this species. In addition, we will continue to work with the NPS on implementation of the Conservation Agreement for the butterfly. Although we did not rely on efforts identified in this new agreement as a basis for our determination, we anticipate that these efforts will enhance the conservation of the subspecies. Based on an analysis of the current status and threats to the subspecies, we find that listing the island marble butterfly under the Act is not warranted. We request that you submit any new information concerning the status of or threats to this species to our Western Washington Fish and Wildlife Office (see ADDRESSES section) whenever it becomes available. New information will help us monitor the species and encourage its conservation. If an emergency situation develops for this or any other candidate species or species of concern, we will act to provide immediate protection. References Cited A complete list of all references cited herein, as well as others, is available upon request from the Western Washington Fish and Wildlife Office (see ADDRESSES section). Author The primary author of this document is Ted Thomas, U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office (see ADDRESSES section). Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Dated: November 3, 2006. Marshall P. Jones, Jr., Acting Director, Fish and Wildlife Service. [FR Doc. E6-19064 Filed 11-13-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 224 [Docket No. 060621175-6175-01; I.D. 101805A] Endangered and Threatened Wildlife and Plants; 90-Day Finding for a Petition to List the Kennebec River Population of Anadromous Atlantic Salmon as Part of the Endangered Gulf Of Maine Distinct Population Segment AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of 90-day petition finding; request for information. SUMMARY: We, NMFS, announce a 90-day finding on a petition to list the Kennebec River population of anadromous Atlantic salmon ( *Salmo salar* ) as endangered under the Endangered Species Act

(ESA)of 1973, as amended. We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. This normally initiates a formal status review, but as described below under Summary of Previous ESA Actions, in this case, we and the U.S. Fish and Wildlife Service (USFWS) had already initiated a status review of this and other populations, resulting in NMFS' announcement of the completed status review report on September 22, 2006. DATES: The finding announced in this document was made on November 14, 2006. FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS Northeast Region, 978-281-9116; or Marta Nammack, NMFS Office of Protected Resources, 301-713-1401, ext. 180. SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the ESA requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial information to indicate that the petitioned action may be warranted. To the maximum extent practicable, this finding is to be made within 90 days of receipt of the petition, and the finding is to be published promptly in the **Federal Register** . In determining whether a petition contains substantial information, we take into account information submitted with and referenced in the petition and all other information readily available in our files. We do not conduct additional research at this point, nor do we subject the petition to critical review. Our ESA implementing regulations at 50 CFR 424.14(b)(1) define “substantial information” as the amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted. If the petition is found to present such information, the Secretary of Commerce (Secretary) must conduct a status review of the involved species. In making a finding on a petition to list a species, the Secretary must consider whether such a petition

(i)clearly indicates the administrative measure recommended and gives the scientific and any common name of the species involved;

(ii)contains detailed narrative justification for the recommended measure, describing, based on available information, past and present numbers and distribution of the species involved and any threats faced by the species;

(iii)provides information regarding the status of the species over all or a significant portion of its range; and

(iv)is accompanied by the appropriate supporting documentation in the form of bibliographic references, reprints of pertinent publications, copies of reports or letters from authorities, and maps (50 CFR 424.14(b)(2)). In a petition submitted on May 11, 2005, Timothy Watts, Douglas Watts, Ed Friedman, and Kathleen McGee requested that we and the USFWS declare the Kennebec River population of anadromous Atlantic salmon endangered under the ESA and presented the following three main areas of evidence to support their request:

(1)historic information on the presence of Atlantic salmon;

(2)information on other native migratory fish populations in the Kennebec; and

(3)microsatellite DNA analysis of Atlantic salmon in the Kennebec. It is the petitioners' contention that historic observations of Kennebec River Atlantic salmon from the 18th century to the present demonstrate that there was no period in the 19th and 20th centuries during which Atlantic salmon were absent from the Kennebec River. The petition states that populations of native migratory fish species have also persisted in the Kennebec despite being subjected to the same environmental pressures as Atlantic salmon. The petition also contends that microsatellite DNA analysis of tissue samples from 180 wild Atlantic salmon captured in the Kennebec River by the USFWS from 1994 to the present show that wild Kennebec River salmon are genetically distinct from other hatchery and wild populations of Atlantic salmon in Maine. Under the ESA, a listing determination can address a species, subspecies, or distinct population segment

(DPS)of a vertebrate species (16 U.S.C. 1532(15)). The petition requests protecting the Kennebec River population of Atlantic salmon in addition to the existing Gulf of Maine

(GOM)DPS that was previously delineated and listed under the ESA as endangered. A DPS is a vertebrate population that is discrete in relation to the remainder of the species to which it belongs and significant to the species (61 FR 4722; February 7, 1996). We interpret the petition to request listing the Kennebec River population as part of the existing GOM DPS. We evaluated whether the information provided or cited in the petition met the ESA's standard for “substantial information.” We reviewed the information presented in the petition and other readily available biological information on anadromous Atlantic salmon in the Kennebec River to determine whether the petitioned action may be warranted. General Biology and Status of the Species The Atlantic salmon, Salmo salar, is in the order Salmoniformes and family Salmonidae. Atlantic salmon is one of only two members of the genus *Salmo* found in North America. The Atlantic salmon is an anadromous fish, spending its first 2 to 3 years in freshwater, migrating to the ocean where it spends typically 2 years, and returning to its natal river to spawn. A non-anadromous variety (recognized in the past by some taxonomists as the subspecies *S. salar sebago* ) is found in some lakes and rivers. The other member of the genus *Salmo* is *Salmo trutta* , brown trout, which was introduced from Europe. Atlantic salmon have a fusiform body shape (i.e., like a spindle, rounded, broadest in the middle and tapering at each end). The shape is somewhat flattened towards the sides and typical of salmonids in general. The head is relatively small, comprising approximately one-fifth of body length. Ventral paired fins are prominent, especially on juveniles. Parr (juvenile salmon before they enter salt water) have eight to eleven vertical dark bars (known as “parr marks”) on silvery sides. After smoltification (the physiological process that enables juvenile salmon to transition from freshwater to salt water and enter the sea), the typical silver coloration with small, dark dorsal spots of the sea-run pre-adult predominates. Spawning adults darken to a bronze color after entering freshwater and darken further after spawning. They are often referred to as “black salmon” at this stage. The silver coloring returns after re-entering the sea. Outmigrating Atlantic salmon smolts in Maine average 14 to18 centimeters

(cm)in length. The size of returning adults depends on the time spent at sea. Grilse, young salmon returning to freshwater after 1 winter at sea (1SW), average 50 to 60 cm and weigh 1 to 2 kilograms

(kg)while 2SW salmon (adult salmon returning after 2 years at sea) range from 70 to 80 cm and 3.5 to 4.5 kg. Salmon that are 3SW (adult salmon returning after 3 years at sea) are 80 to 90 cm long and often weigh more than 7 kg (Baum, 1997). Historically, the geographic range of the GOM DPS within the United States extended from the Androscoggin River in the south of Maine, northward to the mouth of the St. Croix River on the United States-Canada border (NMFS and USFWS, 1999). This delineation was based on examination of life history, biogeographical, genetic, and environmental information. Zoogeographic maps helped identify boundaries between areas that likely exert different selective pressures on Atlantic salmon populations and have substantial differences in riverine-marine ecosystem structure and function. Key elements to the delineation included:

(1)spatial arrangements of river systems to create isolation, and

(2)watershed location within ecological provinces and subregions that affect the productivity and ecology of riverine-marine ecosystem complexes (NMFS and USFWS, 1999). Summary of Previous ESA Actions In response to a petition submitted in 1993 to list Atlantic salmon under the ESA, NMFS and the USFWS (the Services) completed a review of the species' status in 1995 (USFWS and NMFS, 1999). The Services concluded that the GOM DPS was likely to become endangered. Later in 1995, the Services published a proposed rule to list a GOM DPS of Atlantic salmon in seven Maine rivers as threatened (60 FR 50530; Sept. 29, 1995). In that proposed rule, the State of Maine was invited to prepare a plan to eliminate, minimize, and mitigate threats to Atlantic salmon and their habitat. On December 18, 1997, the Services withdrew the proposed rule to designate the Atlantic salmon GOM DPS as threatened (62 FR 66325; Dec. 18, 1997). The withdrawal was based on an evaluation of the information then known about the biological status of the species, as well as consideration of ongoing actions by international, State, Federal, and private entities, including the State's Atlantic Salmon Conservation Plan for Seven Maine Rivers (Conservation Plan) (MASCP, 1997). The Services committed to review this decision on an annual basis. In January 1999, the Services received the State of Maine's 1998 Annual Progress Report on implementation of the Conservation Plan (ASC, 1998). After review of the Annual Report, public comments, and a 1999 Atlantic salmon status review report (NMFS and USFWS, 1999), the Services determined that the species' status was more precarious than indicated by the available information at the time of the December 1997 determination not to list the species (64 FR 62627). On November 17, 1999, the Services proposed to list the Atlantic salmon GOM DPS, this time as an endangered species. After review of public comments and consideration of the best available scientific and commercial information and data, the Services published a final rule on November 17, 2000, listing the Atlantic salmon GOM DPS as an endangered species (65 FR 69459). The GOM DPS includes all naturally reproducing wild populations and those river-specific hatchery populations of Atlantic salmon having historical, river-specific characteristics found north of and including tributaries of the lower Kennebec River, to, but not including, the mouth of the St. Croix River at the United States-Canada border. The Penobscot and its tributaries downstream from the site of the Bangor Dam are included in the range of the GOM DPS (65 FR 69459; November 17, 2000). At the time of the listing, there were at least eight rivers within the geographic range of the GOM DPS that still contained functioning wild salmon populations, although at substantially reduced abundance levels (65 FR 69459; November 17, 2000). These remnant populations are located in the Dennys, East Machias, Machias, Pleasant, Narraguagus, Ducktrap, and Sheepscot rivers and in Cove Brook, Maine (65 FR 69459; November 17, 2000). Salmon from the GOM DPS taken for hatchery rearing and broodstock purposes, and any captive progeny of these salmon, are included as part of the GOM DPS. In the final rule listing the Atlantic salmon GOM DPS (65 FR 69459), the Services deferred the determination of inclusion of fish that inhabit the mainstem and tributaries of the Penobscot River (above the site of the former Bangor Dam (65 FR 69459 at 69464; November 17, 2000)) and other rivers, which are outside the range of the GOM DPS. The deferred decision reflected the need for further analysis of scientific information, including a detailed genetic characterization of the Penobscot population. In response to the availability of new genetic data, the Services convened a Biological Review Team

(BRT)to conduct a review of that new information and to determine the status of Atlantic salmon in the Penobscot River, Kennebec River, and other rivers not currently included in the GOM DPS. The BRT, consisting of biologists from the Maine Atlantic Salmon Commission, the Penobscot Indian Nation, NMFS, and USFWS, prepared a written draft status review report for the Services. The information presented in the petition, along with all other relevant scientific data, was examined by the BRT in its preparation of a status review report. We announced the availability of the completed status review report on September 22, 2006 (71 FR 55431), after the draft status review report had been peer reviewed and peer review comments had been addressed. A status review report is an evaluation of the available information about the biological vulnerability of a species, subspecies, or DPS. Information considered during a status review includes demographic information such as abundance, reproductive success, age structure, and distribution. A status review report considers both historical and recent trends in these parameters, to the extent that this information is available. The status review report must also evaluate the current and potential threats facing the species and ongoing efforts to protect the species, subspecies, or DPS. The Petition The petition requested that the Services protect the Kennebec River population of anadromous Atlantic salmon under the ESA. Although we have already conducted a status review of this and other populations (71 FR 55431; September 22, 2006), the ESA requires that we respond to a petition by publishing a **Federal Register** notice with our finding on the petition. The Services examined the information contained in the petition as well as other genetic data readily available to the Services. This petition presents historic information to support its contention that anadromous Atlantic salmon have persisted in the Kennebec River since the 18th century. The information presented includes, but is not limited to, historical newspaper reports; summaries collected by historians on anecdotal reports pertaining to the presence of Atlantic salmon in the drainage; historic personal diaries; historic Maine statutes; historic petitions to the Maine legislature regarding Atlantic salmon fisheries; and more contemporary biological studies (Atkins, 1867; Ulrich, 1990; Havey, 1968; Foye *et al.* , 1969; Beland, 1986; Buckley, 1998; King *et al.* , 1999). The petition also cites observations made by the National Academy of Sciences

(NAS)in 2004 that wild Atlantic salmon are recolonizing the Kennebec mainstem. The NAS cites National Research Council (NRC, 2002) data and associated reports as the basis for these conclusions. The second area of information presented in the petition to support the petitioners' request is the persistence of other native migratory fish species in the Kennebec River. The petition specifically discusses Atlantic sturgeon, sea lamprey, shortnose sturgeon, striped bass, white perch, American shad, rainbow smelt, tomcod, alewives, and blueback herring. The petition asserts that the Kennebec River population of anadromous Atlantic salmon must have persisted if these native anadromous fish species have been able to persist over time while being subjected to the same environmental pressures as native Atlantic salmon. With respect to dams, the petition cites studies by Yoder *et al.*

(2004)and Squiers

(1988)that demonstrate that other native migratory fish populations have persisted despite manmade obstructions to passage. The petition asserts that it is highly unlikely that Atlantic salmon populations would be completely extirpated as a result of dams when other fish species have been able to persist. The same rationale is presented as support for the persistence of Atlantic salmon in the Kennebec River with respect to other threats such as degraded water quality. Genetic analysis used to characterize Atlantic salmon in the Kennebec River is the third area for which the petition presents information to support the assertion that the Kennebec River population of anadromous Atlantic salmon should be listed under the ESA as endangered. The petition presents information from the NRC report on the genetic status of Maine's salmon. The NRC report presents results of genetic assignment tests that were performed on Atlantic salmon from different Maine drainages. The petition asserts that these data show that the salmon populations of the Kennebec drainage are more distinct than are those of the current GOM DPS rivers. Therefore, the petition interprets the NRC report to suggest that there is a remnant population of wild salmon in the Kennebec that should be incorporated into any restoration effort. The petition asserts that the data collected from the assignment testing contradict the hypothesis that Kennebec salmon are simply strays from the Penobscot or progeny of strays from the Penobscot. The petition also states that “The assignment test results of King et al.

(1999)show that the Kennebec collection is no less distinct than any other Maine river collection studied [and that] the Kennebec collection appears at least or more “distinct” as any other Maine collection studied except for the Penobscot.” The petition also cites a memo from T. King to J. Marancik and Kings' genetics data from 1999 and 2000 as support for its assertion that there is a stable reproducing population in the Kennebec that is not simply representative of strays from the Penobscot. The petition asserts that if the Kennebec collection was comprised solely of Penobscot strays or their offspring, then it is likely that fish in the Kennebec would be genetically indistinguishable from Penobscot strays. Assessment of Petition The primary request of the petitioners appears to be that Atlantic salmon in the Kennebec River warrant protection under the ESA. We interpret the petition to request listing the Kennebec River population of anadromous Atlantic salmon as part of the existing GOM DPS, previously listed as endangered under the ESA. The petition includes scientific data, primarily genetic analysis regarding the Kennebec River population, that has become available since the 1999 status review and subsequent listing determination for the GOM DPS in 2000. Further, the petitioners provide information that the Kennebec River population may be part of the existing GOM DPS. We specifically consider the genetic analysis presented in the petition to represent substantial scientific information. After reviewing the information contained in the petition, as well as other scientific information readily available to us, we have determined that the petition presents substantial scientific information indicating that the petitioned action may be warranted. As stated previously, the status review report prepared by the BRT examined the information contained in the petition, along with all other relevant scientific data. We made this status review report available to the public on September 22, 2006 (71 FR 55431). The Services jointly administer the ESA as it applies to anadromous Atlantic salmon. NMFS, having received the status review from the BRT, is responsible for determining and preparing any appropriate action under the ESA. NMFS is currently considering the information presented in the status review, the comments from peer reviewers, and the response of the BRT to the peer reviewers to determine if action under the ESA is warranted. Authority The authority for this action is the ESA, as amended (16 U.S.C. 1531 *et seq.* ). Dated: November 7, 2006. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E6-19194 Filed 11-13-06; 8:45 am] BILLING CODE 3510-22-S 71 219 Tuesday, November 14, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request November 7, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

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

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

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

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

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

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Forest Service *Title:* Public Attitudes, Beliefs, and Values about National Forest System Land. *OMB Control Number:* 0596-NEW. *Summary of Collection:* The National Environmental Policy Act of 1969, the National Forest Management Act of 1976, and the 2005 NFMA Planning Guide give legal authority for information collection in support of the forest plan revision process in the Southwestern Region. The purpose of this survey is to provide Southwestern Region natural forest land managers and planners with scientifically credible information from a broad and diverse representation of the public, as well as from specific stakeholder groups. *Need and Use of the Information:* Information collected will focus on public attitudes, beliefs, and values that people have for public land and public land use, how those values are affected by public land management, and acceptable tradeoffs in developing alternative management plans. This information is critical to planning and implementing public policy related to national forests in the Southwestern Region. Data collected with these survey instruments will provide a baseline from which to monitor national forest use and management as affected by changes in social and economic conditions. *Description of Respondents:* Individuals or households. *Number of Respondents:* 20,202. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 10,101. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-19131 Filed 11-13-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Foreign Agricultural Service Notice of a Request for Extension of a Currently Approved Information Collection AGENCY: Foreign Agricultural Service, USDA. ACTION: Notice and request for comment. SUMMARY: In accordance with the Paperwork Reduction Act, this notice announces the Foreign Agricultural Service's intention to request an extension for a currently approved information collection in support of the regulations governing the entry of raw cane sugar under the tariff-rate quota

(TRQ)into the United States. DATES: Comments on this notice must be received by January 16, 2006 to be assured of consideration. *Additional Information and Comments:* Contact Ron Lord, Deputy Director, Import Policies and Programs Division, AgStop 1021, U.S. Department of Agriculture, Washington, DC 20250-1021 or telephone

(202)720-2916, fax to

(202)720-0876, or e-mail *Ronald.Lord@fas.usda.gov.* SUPPLEMENTARY INFORMATION: *Title:* Certificate for Quota Eligibility. *OMB Number:* 0551-0014. *Expiration Date of Approval:* March 31, 2007. *Type of Request:* Extension of a currently approved information collection. *Abstract:* The Harmonized Tariff Schedule of the United States

(HTS)authorizes the Secretary of Agriculture to establish the quantity of raw cane sugar, which may be entered at the TRQ duty rates. The terms under which Certificates for Quota Eligibility

(CQEs)will be issued to foreign countries that have been allocated a share of the TRQ are set forth in 15 CFR Part 2011, Allocation of Tariff-rate Quota on Imported Sugars, Syrups, and Molasses, Subpart A—Certificates of Quota Eligibility. The authority for issuing CQEs is Additional U.S. Note 5(b)(iv) to chapter 17 of the HTS. The regulation, promulgated by the United States Trade Representative, provides for the issuance of CQEs by the Secretary of Agriculture, and in general prohibits sugar subject to the TRQ from being imported into the United States or withdrawn from a warehouse for consumption at the TRQ duty rates unless such sugar is accompanied by a CQE. CQEs are issued to foreign countries by the Director of the Import Policies and Programs Division, Foreign Agriculture Service, or his or her designee. The issuance of CQEs is in such amounts and at such times as the Director determines are appropriate to enable the foreign country to fill its quota allocation for such quota period in a reasonable manner, taking into account traditional shipping patterns, harvesting period, U.S. import requirements, and other relevant factors. The information required to be collected on the CQE is used to monitor and control the imports of raw can sugar. Proper completion of the CQE is mandatory for those foreign governments that are eligible and elect to export raw cane sugar to the United States under the TRQ. *Estimate of burden:* The public reporting burden for the collection varies in direct relation to the number of CQEs issued. *Respondents:* Foreign governments. *Estimated number of respondents:* 40 (i.e., number of countries receiving a TRQ allocation). *Estimated number of responses per respondent:* 30 per fiscal year. *Estimated total annual reporting burden:* 200 hours. *Requests for Comments:* Send comments regarding

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

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

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

(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Copies of this information collection may be obtained from Tamoria Thompson-Hall, the Agency Information Collection Coordinator, at

(202)690-1690. Comments may be sent to Ron Lord, Deputy Director, Import Policies and Programs Division, AgStop 1021, U.S. Department of Agriculture, Washington, DC 20250-1021 or telephone

(202)720-2916 or e-mail *Ronald. Lord@fas.usda.gov.* All comments received will be available for public inspection in room 5531-S at the above address. Persons with disabilities who require an alternative means of communication for information (Braille, large print, aduiotape, etc.) should contact USDA's target center at

(202)720-2600 (voice and TDD). All responses to this notice will be summarized and included in the request for OMB approval. All comments also will become a matter of public record. FAS is committed to complying with the Government Paperwork Elimination Act which requires Government agencies, to the maximum extent feasible, to provide the public the option of electronically submitting information collection. CQEs permit exporters to ship raw cane sugar to the United States at the U.S. price, which is significantly higher than the world price for raw cane sugar. Therefore, in contrast to most information collection documents, CQEs have a monetary value equivalent to the substantial profits to exporters who can fill their raw cane sugar allocations under the TRQ. CQEs have always been carefully handled as secure documents, and issues only to foreign government-approved certifying authorities. The Department does not plan to make CQEs available electronically in order to prevent a potential proliferation of invalid CQEs, which could undermine the integrity of the TRQ system. Dated: Signed at Washington, DC on November 7, 2006. Michael W. Yost, Administrator, Foreign Agricultural Service. [FR Doc. 06-9190 Filed 11-13-06; 8:45 am]

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