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Code · REGISTER · 2007-01-04 · Environmental Protection Agency (EPA) · Proposed Rules

Proposed Rules. Notice of proposed rulemaking

21,099 words·~96 min read·/register/2007/01/04/06-9964·

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

BILLING CODE 3510-22-P 72 2 Thursday, January 4, 2007 Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 35 [EPA-HQ-OW-2006-0765; FRL-8263-1] NPDES Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking. SUMMARY: This document provides notice of a proposed rulemaking for public comment on EPA's National Pollutant Discharge Elimination System (NPDES) Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula. With this notice, EPA proposes using its Clean Water Act
(CWA)Section 106 authority to provide a financial incentive to States to utilize an adequate fee program when implementing an authorized NPDES permit program. EPA proposes to amend its existing CWA Section 106 grant allotment regulation to provide the Agency with the flexibility to allot separately a permit fee incentive amount. This action would not be effective prior to fiscal year 2008. DATES: Comments must be received on or before March 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2006-0765 by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: ow-docket@epa.gov* Attention Docket ID No. OW-2006-0765. • *Mail:* Water Docket, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • *Hand Delivery:* EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. OW-2006-0765. Such deliveries are only accepted during the Docket's normal hours of operation and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OW-2006-0765. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* For additional instructions on submitting comments, go to Unit I.1 of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Water Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Water Docket is
(202)566-2426. FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office of Wastewater Management, 4201M, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number:
(202)564-8831; fax number:
(202)501-2399; e-mail address: *ferris.lena@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information *Affected Entities:* State Agencies that are eligible to receive grants under Section 106 of the Clean Water Act (CWA). 1. *Submitting CBI.* Do not submit this information to EPA through *www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date, and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives; and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns and suggest alternatives. • Explain your views as clearly as possible. • Make sure to submit your comments by the comment period deadline identified. 3. *Specific Questions EPA is Soliciting for Comment.* In addition to overall general comments on any/all portions of the rulemaking, EPA is specifically requesting comments on the following four questions:
(1)Is the proposed rulemaking incentive amount sufficient to encourage States to establish or expand their permit fee programs? If not, what amount should EPA consider?
(2)Are there any non-financial incentives States may prefer that would encourage States to establish or expand adequate permit fee programs?
(3)Is the proposed permit fee collection formula, to be used in determining whether States receive a full share of the incentive, something that States can attain? If not, what barriers exist to States recovering the full 100% of NPDES program costs through permit fees? What alternatives would States recommend?
(4)What impact may this rule have on the States and the NPDES permittees in the States? II. Background Section 106 of the CWA authorizes the EPA to provide grants to State and interstate agencies to administer programs for the prevention, reduction, and elimination of water pollution, including the development and implementation of groundwater protection strategies. Section 106(b) of the CWA directs the EPA Administrator to make allotments “in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective states.” EPA's regulations implementing Section 106 can be found at 40 CFR 35.160 et seq. EPA's current allotment formula for Section 106 grants establishes an allotment ratio for each State based on six components selected to reflect the extent of the water pollution problem in the respective states. These six components are surface water area, ground water use, water quality impairment, potential point sources, nonpoint sources, and the population of urbanized areas. 40 CFR 35.162(b)(1)(i). By including a component related to point sources, EPA recognizes the important role they play in determining the extent of pollution in a State. This proposed rule will amend the state allotment formula to incorporate financial incentives for States to implement adequate NPDES fee programs. The Clean Water Act generally requires that all discharges of pollutants from a point source into waters of the United States obtain a permit under the NPDES program. A NPDES permit establishes pollutant discharge limits based on treatment technology performance, the quality of the water into which pollutants are discharged, and the potential impact of the discharge on public health and the environment. The U.S. Environmental Protection Agency
(EPA)oversees the NPDES program and also approves applications from States to administer and enforce the NPDES program in that State. Currently, 45 States are authorized by EPA to administer all or some parts of the NPDES program. State water quality programs are funded with a mixture of State and Federal dollars. Grants awarded under CWA Section 106 are States' primary source of Federal funding. The growing complexity of water quality issues has prompted more States to implement NPDES permit fee programs. An estimated 41 States currently have permit fee programs in place, with such fees paying for all or a portion of the cost of the State's permit program. A number of States still operate their permit programs with little or no reliance on permit fees. States can address permit program budget shortfalls through the implementation of permit fee programs that collect funds to cover the cost of issuing and administering permits. Funding permit programs with the support of permit fees allows States to use CWA Section 106 funds for other critical water quality programs. EPA is committed to making our State surface water protection programs more sustainable through better resource management. As State Agencies carry out most of the day-to-day aspects of water quality functions, their responsibilities are expanding while they are simultaneously facing increasingly severe funding constraints. As a nation, billions of federal funds under the Water Pollution Control grants, together with State resources, have been spent to establish and maintain adequate measures for the prevention and control of surface and groundwater protection. Federal and State governments cannot carry out this responsibility alone. EPA is committed to finding effective and efficient solutions to maintaining sustainable State water pollution control programs that continue to provide this nation with clean and protected water. All levels of government and the private sector must share in this commitment. This rulemaking is designed to provide an incentive to States to move toward greater sustainability in the way they manage and budget for environmental programs and to shift part of the financial burden to those who benefit from NPDES permits. Under this proposal, EPA would allot funds for the permit fee incentive if there is an increase in the state allotment above the FY 2006 level. The amount of any allotment would be limited to three percent of the funds allotted under 40 CFR 35.162(b) in FY 2006. Total funds allotted under 40 CFR 35.162(b) in FY 2006 amounts to approximately $169.3 million. Any funds above this amount would be allotted to States under 40 CFR 35.162(b). As a result of this change, EPA would allot the State and Interstate CWA 106 grant funds in the following order: 2.6 percent will be set-aside for allotment to the Interstates in accordance with the existing Interstate allotment formula in 40 CFR 35.162(c); next, funds may be allotted under 40 CFR 35.162(d); and finally, EPA may allot funds to States in accordance with this proposed permit fee incentive allotment formula, with the balance allotted to the States in accordance with the existing allotment formula under 40 CFR 35.162(b). The only States which would be eligible for this set-aside are those States which have been authorized by EPA to implement the NPDES program by the first day of the fiscal year, October 1, for which funds are appropriated by Congress. These states must also submit annually, by October 1, a certification to EPA which meets two additional requirements. First, the certification must include the total percentage of NPDES program costs recovered by the State through permit fee collections during the most recently completed State fiscal year, and a statement that the amount of permit fees collected is used by the State to defray NPDES program costs. This proposal defines NPDES program costs as all activities relating to permitting, enforcement, and compliance. Second, the certification must include a statement that State recurrent expenditures for water quality programs have not decreased from the previous State fiscal year, or indicate that a decrease in such expenditures is attributable to a non-selective reduction of the programs of all executive branch agencies of the State government. The concept of non-selective reduction is taken from the statutory requirements related to maintenance of effort from the Clean Air Act Section 105(c) and EPA's implementing regulations found at 40 CFR 35.146. Under the Clean Air Act, EPA is prohibited from awarding grants to air pollution control agencies if state recurrent expenditures are not at least equal to such expenditures during the preceding state fiscal year. EPA can still award a grant even if there are decreases in such expenditures if EPA determines that the reduction is attributable to a non-selective reduction of all state programs. For example, a state legislature enacts budget cuts across all state agencies and does not target the air program. EPA is proposing to adopt a similar approach in this rulemaking. After EPA determines the number of eligible states, each state will be eligible to receive up to a full share of the set-aside amount. EPA will determine the amount of a full share by dividing the set-aside amount by the number of eligible states. A full share will be the same amount for each eligible state. The percent of a full share that each eligible state will receive, however, will be determined by the following formula, based on the certification information described above.
(A)A State will receive 25 percent of a full share if that State has collected permit fees which equal or exceed 75 percent of total State NPDES program costs; or
(B)A State will receive 50 percent of a full share if that State has collected permit fees which equal or exceed 90 percent of total NPDES program costs; or
(C)A State will receive a full share if that State has collected permit fees which equal 100 percent of total NPDES program costs. In other words, in its certification, a State must inform EPA of its total NPDES program costs and the percentage of which are recovered through permit fees. EPA would use the information from this certification to determine any additional amount a State would receive in its Section 106 grant based on this financial incentive allotment formula. If, for example, a State's total NPDES program costs are $1 million, and the State collected $750,000 in NPDES permit fees, a state would receive 25% of a full share in addition to the grant amount allotted to it under the current CWA Section 106 allotment formula. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and is therefore not subject to OMB review. Because this grant action is not subject to notice and comment requirements under the Administrative Procedures Act or any other statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et.) or Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999
(UMRA)(Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments. Although this action proposes to create new binding legal requirements, such requirements do not substantially and directly affect Indian Tribes under Executive Order 13175 (63 FR 67249, November 9, 2000). This action will not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action is not subject to Executive Order 13211, “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards; thus, the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. Section 272 note) do not apply. This action does not impose an additional information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Section 3501 et seq.). The Congressional Review Act, 5 U.S.C. Section 801 et seq., generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. Since this grant action, when finalized, will contain legally binding requirements, it is subject to the Congressional Review Act, and EPA will submit its final action in its report to Congress under the Act. List of Subjects in 40 CFR Part 35 Environmental protection, Administrative practices and procedures, Environmental program grants, Water pollution control. Dated: December 21, 2006. Benjamin H. Grumbles, Assistant Administrator, Office of Water. EPA proposes to amend 40 CFR part 35 as follows: 1. The authority for citation for part 35, subpart A continues to read as follows: Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq; 42 U.S.C. 300f et seq; 42 U.S.C. 6901 et seq; 7 U.S.C. 136 et seq; 15 U.S.C. 2601 et seq; 42 U.S.C. 13101 et seq; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1966); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997). 2. Section 35.162 is amended by adding paragraph
(e)to read as follows: § 35.162 Basis for allotment.
(e)*Permit fee incentive allotment formula.* If there is an increase above the FY 2006 level in the total amount of funds allotted to States under paragraph
(b)of this section, EPA may award this increase as the permit fee incentive allotment to eligible States in accordance with this section. The amount of this annual allotment shall not be greater than three percent of the funds allotted under paragraph
(b)of this section in FY 2006, and any funds above this amount shall be allotted to States under paragraph
(b)of this section.
(1)Each eligible State may receive up to a full share of this allotment, as determined by the following formula. A full share is the allotment amount divided by the number of eligible States:
(i)A State will receive 25 percent of a full share if that State has collected permit fees which equal or exceed 75 percent of total State NPDES program costs; or
(ii)A State will receive 50 percent of a full share if that State has collected permit fees which equal or exceed 90 percent of total NPDES program costs; or
(iii)A State will receive a full share if that State has collected permit fees which equal 100 percent of total NPDES program costs.
(2)The maximum share to any State under this subsection shall not exceed 50 percent of the State's previous year's total Section 106 allotment determined under paragraph
(b)of this section.
(3)Any funds left remaining after all shares have been allotted under this subsection will be re-allotted to the States under paragraph
(b)of this section.
(4)In order for a State to be eligible for this incentive, a State must: Be authorized by EPA to implement the NPDES program by the first day of the Federal fiscal year, October 1, for which the funds have been appropriated; and submit to EPA a certification meeting the requirements of paragraph (e)(5) of this section.
(5)The certification required under paragraph (e)(4) of this section must meet the following requirements:
(i)The certification must be submitted annually to EPA by October 1; and
(ii)The certification must include the total percentage of NPDES program costs, as defined in paragraph (e)(6) of this section, recovered by the State through permit fee collections during the most recently completed State fiscal year, and a statement that the amount of permit fees collected is used by the State to defray NPDES program costs; and
(iii)The certification must include a statement that State recurrent expenditures for water quality programs have not decreased from the previous State fiscal year or indicate that a decrease in such expenditures is attributable to a non-selective reduction of the programs of all executive branch agencies of the State government.
(6)NPDES program costs are defined as all permitting, enforcement, and compliance costs. [FR Doc. E6-22549 Filed 1-3-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2006-0577-200620(b); FRL-8265-3] Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Tennessee State Implementation Plan
(SIP)submitted by the State of Tennessee, through Tennessee Department of Environment and Conservation, on January 20, 2006. The revisions pertain to the Knox County portion of the Tennessee SIP and include changes to the Knox County Air Quality Regulations Section 46.0—“Regulation of Volatile Organic Compounds.” The changes were made in response to changes made by EPA to corresponding federal law. The change involves the addition of four compounds to the list of compounds excluded from the definition of volatile organic compounds on the basis that they make a negligible contribution to ozone formation. This action is being taken pursuant to section 110 of the Clean Air Act. In the Final Rules Section of this **Federal Register** , the EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time. DATES: Written comments must be received on or before February 5, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2006-0577 by one of the following methods: 1. *www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail: louis.egide@epa.gov.* 3. *Fax:*
(404)562-9019. 4. *Mail:* “EPA-R04-OAR-2006-0577,” Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier:* Dr. Egide Louis, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. Please see the direct final rule which is located in the Rules section of this **Federal Register** for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is
(404)562-9240. Dr. Louis can also be reached via electronic mail at *louis.egide@epa.gov* . SUPPLEMENTARY INFORMATION: For additional information see the direct final rule which is published in the Rules Section of this **Federal Register** . Dated: December 20, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. E6-22477 Filed 1-3-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2006-0876; FRL-8258-9] Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District and South Coast Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Imperial County Air Pollution Control District and South Coast Air Quality Management District portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound
(VOC)emissions from architectural coatings and organic liquid storage tanks. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments on this proposal must arrive by February 5, 2007. ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-2006-0876], by one of the following methods: 1. *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions. 2. *E-mail: steckel.andrew@epa.gov.* 3. *Mail or deliver:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *http://www.regulations.gov* or e-mail. *http://www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *http://www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Francisco Dóñez, EPA Region IX,
(415)972-3956, *donez.francisco@epa.gov* . SUPPLEMENTARY INFORMATION: This proposal addresses the following local rules: ICAPCD 424 and SCAQMD 463. In the Rules and Regulations section of this **Federal Register** , we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: November 7, 2006. Wayne Nastri, Regional Administrator, Region IX. [FR Doc. E6-22418 Filed 1-3-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-D-7686] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. 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, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(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. An environmental impact assessment has not 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 proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: State City/town/county Source of flooding Location #Depth in feet above ground. *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)Existing Modified Martin County, North Carolina (Unincorporated Areas) North Carolina Martin County (Unincorporated Areas) Peter Swamp At the confluence with Sweetwater Creek Approximately 0.5 mile upstream of Railroad. +10 None +11 +20 Peter Swamp Tributary At the confluence with Peter Swamp. Approximately 1,200 feet upstream of the confluence with Peter Swamp. None None +17 +22 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES Martin County (Unincorporated Areas) Maps are available for inspection at the Martin County Government Center, Building Inspections Department, 305 East Main Street, Williamston, North Carolina. Send comments to Mr. Russell Overman, Martin County Manager, P.O. Box 668, Williamston, North Carolina 27892. Flooding source(s) Location of referenced elevation * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Effective Modified Communities affected Hillsborough County, Florida and Incorporated Areas Alderman Creek At the confluence with Little Manatee River None +82 Hillsborough County (Unincorporated Areas). Approximately 2.4 miles upstream of Taylor Grill Road None +123 Archie Creek Approximately 200 feet downstream of 78th Street South None +11 Hillsborough County (Unincorporated Areas). Approximately 0.4 mile upstream of Interstate 75 None +20 Baker Canal At the confluence with Lake Thonotosassa Tributary and Baker Creek +43 +44 Hillsborough County (Unincorporated Areas). Approximately 150 feet downstream of Acker Road None +84 Baker Canal: Tributary 1 At the confluence with Baker Canal None +44 Hillsborough County (Unincorporated Areas). At Taylor Road None +44 Tributary 2 At the confluence with Baker Canal None +44 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of Gallagher Road None +64 Tributary 3 At the confluence with Baker Canal None +44 Hillsborough County (Unincorporated Areas). Approximately 1,100 feet upstream of U.S. Highway 92 None +57 Tributary 5 At the confluence with Baker Canal None +44 Hillsborough County (Unincorporated Areas). At the upstream side of McIntosh Road None +57 Tributary 6 At the confluence with Baker Canal None +46 Hillsborough County (Unincorporated Areas). At the downstream side of McIntosh Road None +57 Tributary 7 At the confluence with Baker Canal None +73 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of Shady Stream Drive None +83 Tributary 8 At the confluence with Baker Canal None +76 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Walden Sheffield Road None +96 Baker/Pemberton Creek: Tributary 1 At the confluence with Baker Creek and Pemberton Creek +51 +56 Hillsborough County (Unincorporated Areas). Approximately 0.9 mile upstream of Emerald Acres None +72 Tributary 2 At the confluence with Baker/Pemberton Creek Tributary 1 None +56 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Baker/Pemberton Creek Tributary 1 None +60 Baker/Pemberton/Mill Creek At the confluence with Baker Canal and Lake Thonotosassa Tributary +43 +44 Hillsborough County (Unincorporated Areas), City of Plant City. Approximately 200 feet upstream of North Wheeler Street None +115 Bassett Branch At the confluence with Hillsborough River +39 +37 Hillsborough County (Unincorporated Areas), City of Tampa. At the Hillsborough County boundary None +63 Big Bend At the confluence with Bullfrog Creek None +31 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of Simmons Loop None +52 Blackwater Creek At the confluence with Hillsborough River +50 +49 Hillsborough County (Unincorporated Areas). Approximately 0.9 mile upstream of Canaan Avenue +110 +109 Brooker Creek At the Hillsborough County boundary +29 +27 Hillsborough County (Unincorporated Areas). At Farmer Road +40 +39 Brushy Creek At the confluence with Rocky Creek +26 +25 Hillsborough County (Unincorporated Areas). Approximately 1,350 feet upstream of Dale Marby Highway North None +54 Brushy Creek Branch 2 At the confluence with Brushy Creek +35 +39 Hillsborough County (Unincorporated Areas). Approximately 30 feet upstream of Hutchison Road None +51 Brushy Creek Tributary 1 At the confluence with Brushy Creek +48 +47 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Country Lake Drive None +51 Bullfrog Creek Approximately 1.4 miles upstream of the railroad +10 +11 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Edina Street None +92 Bullfrog Creek: Tributary 1 At the confluence with Bullfrog Creek +31 +26 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Lincoln Road None +43 Tributary 2 At the confluence with Bullfrog Creek None +58 Hillsborough County (Unincorporated Areas). Approximately 0.4 mile upstream of West Lake Drive None +67 Tributary 3 At the confluence with Bullfrog Creek None +64 Hillsborough County (Unincorporated Areas). Approximately 40 feet upstream of County Road 672 None +130 Campbell Branch At the confluence with Flint Creek +39 +38 Hillsborough County (Unincorporated Areas). Approximately 1,500 feet downstream of Branch Forbes Road +89 +90 Campbell Branch Tributary 1 At the confluence with Campbell Branch +44 +50 Hillsborough County (Unincorporated Areas). Approximately 50 feet downstream of Thonotosassa Road None +52 Carlton Branch At the confluence with Little Manatee River +44 +46 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of Huckleberry Road None +118 Carlton Branch: Tributary 1 At the confluence with Carlton Branch None +60 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Leonard Lee Road None +92 Tributary 2 At the confluence with Carlton Branch None +69 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of Balm Wimauma Road None +116 Tributary 3 At the confluence with Carlton Branch None +88 Hillsborough County (Unincorporated Areas). Approximately 25 feet upstream of Sweat Loop Road None +114 Tributary 3.1 At the confluence with Carlton Branch Tributary 3 None +89 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Balm Wimauma Road None +108 Clay Gulley East At the confluence with Hillsborough River +40 +36 Hillsborough County (Unincorporated Areas). At Dormany Road None +73 Clay Gulley East: Tributary 2 At the confluence with Clay Gulley East None +58 Hillsborough County (Unincorporated Areas). At Five Acre Road None +60 Tributary 4 At the confluence with Clay Gulley East Tributary 6 None +48 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Five Acre Road None +58 Tributary 5 At the confluence with Clay Gulley East None +45 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Brunt Barn Avenue None +68 Tributary 6 At the confluence with Clay Gulley East None +45 Hillsborough County (Unincorporated Areas). Approximately 0.9 miles upstream of the confluence with Clay Gulley East Tributary 4 None +62 Tributary 7 At the confluence with Clay Gulley East None +45 Hillsborough County (Unincorporated Areas). Approximately 450 feet upstream of Warren Byrd Lane None +49 Tributary 8 At the confluence with Clay Gulley East None +67 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Clay Gulley East None +72 Clay Gulley West At the confluence with Hillsborough River +38 +35 Hillsborough County (Unincorporated Areas), City of Tampa. At the Hillsborough County Boundary None +59 Cow House Creek At the confluence with Hillsborough River +28 +27 Hillsborough County (Unincorporated Areas), City of Temple Terrace. Approximately 2.7 miles upstream of the confluence of Tampa Bypass Canal +38 +35 Curiosity Creek At the confluence with Little Manatee River +10 +9 Hillsborough County (Unincorporated Areas). Approximately 1.2 miles upstream of Lightfoot Road None +17 Curiosity Creek (near City of Tampa) Approximately 100 feet upstream of Fowler Avenue +31 +32 Hillsborough County (Unincorporated Areas). Approximately 500 feet upstream of West Bearss Avenue None +48 Curiosity Creek: Tributary 1 At the confluence with Curiosity Creek +10 +11 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Pinetree Circle None +16 Tributary 1.1 At the confluence with Curiosity Creek Tributary 1 +10 +15 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Butch Cassidy Trail None +18 Cypress Creek At the confluence with Little Manatee River +16 +14 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of 19th Avenue NE None +39 Cypress Creek (near City of Tampa) At the confluence with Hillsborough River +29 +27 Hillsborough County (Unincorporated Areas), City of Tampa. Approximately 0.7 mile downstream of County Line Road +47 +46 Delaney Creek Approximately 1,000 feet downstream of Maydell Drive +12 +11 Hillsborough County (Unincorporated Areas). Approximately 1,500 feet upstream of Lakewood Drive South +30 +31 Delaney Creek: Lateral C At the confluence with Delaney Creek +21 +19 Hillsborough County (Unincorporated Areas). Approximately 20 feet upstream of Rideout Road None +24 Lateral D At the confluence with Delaney Creek +22 +20 Hillsborough County (Unincorporated Areas). Approximately 700 feet upstream of Ridein Road None +23 Lateral E At the confluence with Delaney Creek +26 +28 Hillsborough County (Unincorporated Areas). Approximately 800 feet upstream of Palm River Road None +28 Tributary 1 At the upstream side of Causeway Boulevard None +11 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Maydell Drive None +12 Tributary 2 At the confluence with Delaney Creek +19 +17 Hillsborough County (Unincorporated Areas). Approximately 900 feet upstream of Robindale Road None +20 Dug Creek At the confluence with Little Manatee River +21 +18 Hillsborough County (Unincorporated Areas). Approximately 0.2 mile upstream of State Road 674/Sun City Center Boulevard None +69 Dug Creek: Tributary 1 At the confluence with Dug Creek +21 +20 Hillsborough County (Unincorporated Areas). Approximately 0.4 mile upstream of Ed Lane None +47 Tributary 2 At the confluence with Dug Creek None +32 Hillsborough County (Unincorporated Areas). Approximately 0.2 mile upstream of West Lake Drive None +69 Tributary 3 At the confluence with Dug Creek None +60 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of West Lake Drive None +84 East Canal At the confluence with Itchepackesassa Creek +98 +96 Hillsborough County (Unincorporated Areas), City of Plant City. At the downstream side of Frontage Road None +114 East Canal Tributary At the confluence with East Canal None +119 City of Plant City. Approximately 700 feet upstream of Crystal Terrace None +133 East Canal Upstream of Frontage Road At the upstream side of Frontage Road None +118 City of Plant City. Approximately 15 feet upstream of Alsobrook Street None +127 Flint Creek At the confluence with Hillsborough River +38 +35 Hillsborough County (Unincorporated Areas). Approximately 160 feet downstream of Kelso Road +39 +38 Gulley Branch At the confluence with Little Manatee River +38 +39 Hillsborough County (Unincorporated Areas). Approximately 2.5 miles upstream of the confluence with Little Manatee River None +94 Half Moon Lake Branch At the confluence with Rocky Creek +36 +33 Hillsborough County (Unincorporated Areas). Approximately 50 feet downstream of Vanderbilt Drive None +43 Hillsborough Bay Areas within MacDill Air Force Base None +10 Hillsborough County (Unincorporated Areas), City of Tampa. Hillsborough River Approximately 500 feet downstream of Temple Terrace +24 +23 Hillsborough County (Unincorporated Areas), City of Tampa, City of Temple Terrace. Approximately 700 feet upstream of the confluence of Big Ditch Creek +57 +52 Hollomans Branch At the confluence with Hillsborough River +38 +35 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of West Knights Griffin Road None +97 Hollomans Branch: Tributary 1 At the confluence with Hollomans Branch None +69 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of Dormany Road None +76 Tributary 2 At the confluence with Hollomans Branch None +62 Hillsborough County (Unincorporated Areas). At the downstream side of Platt Road None +91 Tributary 3 At the confluence with Hollomans Branch None +55 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of Knights Griffin Road None +71 Howard Prairie Branch At the confluence with Little Manatee River +55 +57 Hillsborough County (Unincorporated Areas). Approximately 40 feet upstream of South County Road 39 None +109 Howard Prairie Branch: Tributary 1 At the confluence with Howard Prairie Branch None +57 Hillsborough County (Unincorporated Areas). Approximately 3.2 miles upstream of Grange Hall Loop None +73 Tributary 2 At the confluence with Howard Prairie Branch None +76 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of South County Road 39 None +117 Itchepackesassa Creek At the confluence with Blackwater Creek +90 +88 Hillsborough County (Unincorporated Areas). Approximately 1.3 miles upstream of Knights Griffin Road +113 +112 Itchepackesassa Creek: Tributary 1 At the confluence with Itchepackesassa Creek +106 +104 Hillsborough County (Unincorporated Areas). Approximately 1.1 miles upstream of Knights Griffin Road None +110 Tributary 2 At the confluence with Itchepackesassa Creek +104 +101 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Itchepackesassa Creek +106 +103 Lake Thonotosassa Tributary At Thonotosassa Road +39 +38 Hillsborough County (Unincorporated Areas). At the confluence of Baker Creek and Baker Canal +43 +44 Little Bullfrog Creek At the confluence with Bullfrog Creek None +33 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of Big Bend Road None +80 Little Manatee River Approximately 800 feet downstream of I-75 +10 +9 Hillsborough County (Unincorporated Areas). Approximately 2.2 miles upstream of Taylor Gill Road None +99 Little Manatee River: Tributary 2.2 At the confluence with Little Manatee River Tributary 2 +12 +9 Hillsborough County (Unincorporated Areas). Approximately 600 feet upstream of Butch Cassidy Trail None +28 Tributary 2.1 At the confluence with Little Manatee River Tributary 2 +12 +9 Hillsborough County (Unincorporated Areas). Approximately 980 feet upstream of Lightfoot Road None +17 Tributary 1 At the confluence with Little Manatee River +11 +9 Hillsborough County (Unincorporated Areas). At 30th Street SE +15 +9 Tributary 10 At the confluence with Little Manatee River +54 +57 Hillsborough County (Unincorporated Areas). Approximately 1.1 miles upstream of State Road 674 None +105 Tributary 11 At the confluence with Little Manatee River +58 +61 Hillsborough County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Little Manatee River None +83 Tributary 12 At the confluence with Little Manatee River +69 +72 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of State Road 674 None +116 Tributary 13 At the confluence with Little Manatee River +69 +72 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of State Road 674 None +120 Tributary 2 At the confluence with Little Manatee River +12 +9 Hillsborough County (Unincorporated Areas). Approximately 50 feet upstream of U.S. Route 301 None +21 Tributary 3 At the confluence with Little Manatee River +17 +15 Hillsborough County (Unincorporated Areas). Approximately 600 feet upstream of Palmetto Road None +19 Tributary 4 At the confluence with Little Manatee River +36 +35 Hillsborough County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Little Manatee River None +54 Tributary 5 At the confluence with Little Manatee River +37 +36 Hillsborough County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence of Little Manatee River Tributary 5.1 None +85 Tributary 5.1 At the confluence with Little Manatee River Tributary 5 None +53 Hillsborough County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Little Manatee River Tributary 5 None +92 Tributary 6 At the confluence with Little Manatee River +39 +40 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of Leonard Lee Road None +56 Tributary 7 At the confluence with Little Manatee River +42 +44 Hillsborough County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence of Little Manatee River Tributary 7.1 None +79 Tributary 7.1 At the confluence with Little Manatee River Tributary 7 None +53 Hillsborough County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Little Manatee River Tributary 7 None +81 Tributary 8 At the confluence with Little Manatee River +48 +50 Hillsborough County (Unincorporated Areas). Approximately 0.5 mile upstream of Grange Hall Loop None +72 Tributary 9 At the confluence with Little Manatee River +50 +51 Hillsborough County (Unincorporated Areas). Approximately 1.6 miles upstream of Grange Hall Loop None +59 Lower Sweetwater Creek Tributary 1 Approximately 500 feet downstream of Sawyer Road +9 +10 Hillsborough County (Unincorporated Areas). Approximately 800 feet upstream of Paris Street West None +33 Mil Lake Tributary Approximately 0.4 mile downstream of Livingston Avenue None +35 Hillsborough County (Unincorporated Areas). Approximately 65 feet downstream of Livingston Avenue None +42 Mill Creek: Tributary 1 At the confluence with Mill Creek None +105 Hillsborough County (Unincorporated Areas). Approximately 25 feet upstream of Bennett Road None +108 Tributary 2 At the confluence with Mill Creek None +106 Hillsborough County (Unincorporated Areas), City of Plant City. Approximately 0.6 mile upstream of Interstate 4 None +108 New River At the confluence with Hillsborough River +43 +41 Hillsborough County (Unincorporated Areas), City of Tampa. Approximately 2,000 feet upstream of Morris Bridge Road +62 +63 New River East At the confluence with New River +43 +47 Hillsborough County (Unincorporated Areas). At the Hillsborough County boundary None +66 North Archie Creek Approximately 1,500 feet downstream of 78th Street South +10 +11 Hillsborough County (Unincorporated Areas). At the upstream side of Valhalla Pond Drive None +28 North Lake Tributary At the upstream side of Pebble Beach Boulevard None +38 Hillsborough County (Unincorporated Areas). Approximately 0.3 mile upstream of Cherry Hills Drive None +54 North Prong Bullfrog Creek At the confluence with Bullfrog Creek None +53 Hillsborough County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Bullfrog Creek None +85 Pemberton Creek Tributary 1 At the confluence with Pemberton Creek +80 +78 Hillsborough County (Unincorporated Areas). At U.S. Highway 92 +85 +83 Pierce Branch At the confluence with Little Manatee River +48 +50 Hillsborough County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence of Pierce Branch Tributary 3 None +124 Pierce Branch Tributary 1 At the confluence with Pierce Branch None +79 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Pierce Branch None +110 Tributary 2 At the confluence with Pierce Branch None +99 Hillsborough County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence with Pierce Branch None +117 Tributary 3 At the confluence with Pierce Branch None +101 Hillsborough County (Unincorporated Areas). Approximately 30 feet upstream of Sweat Loop Road None +115 Ponding Area Entire shoreline within community None +35 City of Temple Terrace. Ponding Areas Entire shoreline within community, lowest range of elevations found None +105 City of Plant City. Entire shoreline within community, highest range of elevations found None +145 Entire shoreline within community, lowest range of elevations found None +8 Hillsborough County (Unincorporated Areas). Entire shoreline within community, highest range of elevations found None +143 Entire shoreline within community, lowest range of elevations found None +12 City of Tampa. Entire shoreline within community, highest range of elevations found None +62 Rocky Creek Approximately 1,400 feet downstream of Linebaugh Avenue +14 +13 Hillsborough County (Unincorporated Areas). Approximately 300 feet upstream of Hammock Woods Drive +47 +46 Rocky Creek Tributary 1 At the confluence with Turkey Ford Lake +57 +56 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of Fishermans Bend Drive None +63 Ruskin Inlet/Marsh Branch Approximately 350 feet downstream of College Avenue +10 +9 Hillsborough County (Unincorporated Areas). Approximately 0.8 mile upstream of 14th Avenue SE None +21 Six Mile Creek At the confluence with Tampa Bypass Canal None +11 Hillsborough County (Unincorporated Areas). Approximately 450 feet upstream of Orient Road None +26 South Fork Little Manatee River At the confluence with Little Manatee River +34 +35 Hillsborough County (Unincorporated Areas). At the Hillsborough County boundary None +45 Sportman Branch At the confluence with Pemberton Creek +90 +89 Hillsborough County (Unincorporated Areas). At Mud Lake Road None +125 Sweetwater Creek Approximately 500 feet upstream of Hanley Road +9 +10 Hillsborough County (Unincorporated Areas). Approximately 65 feet upstream of Orange Grove Drive +40 +43 Sweetwater Creek Channel H At the confluence with Sweetwater Creek +15 +18 Hillsborough County (Unincorporated Areas). Approximately 75 feet downstream of Waters Avenue None +30 Tadpole Creek At the confluence with Bullfrog Creek +29 +24 Hillsborough County (Unincorporated Areas). Approximately 70 feet upstream of U.S. Highway 301 None +42 Tampa Bay Areas within MacDill Air Force Base None +9 Hillsborough County (Unincorporated Areas), City of Tampa. Tampa Bypass Canal At Gate S-160 +10 +11 Hillsborough County (Unincorporated Areas). At the confluence of Cow House Creek None +35 Tampa Bypass Canal Main Ditch At the confluence with Tampa Bypass Canal None +15 Hillsborough County (Unincorporated Areas). Approximately 1.5 miles upstream of Eureka Springs Road None +18 Tampa Bypass Canal: Tributary 1 At the confluence with Tampa Bypass Canal None +11 Hillsborough County (Unincorporated Areas). Approximately 40 feet downstream of Lakewood Drive None +34 Tributary 1 South Branch At the confluence with Tampa Bypass Canal Tributary 1 None +15 Hillsborough County (Unincorporated Areas). Approximately 300 feet upstream of the confluence with Tampa Bypass Canal Tributary 1 None +16 Tributary 2 Approximately 200 feet upstream of the confluence with Tampa Bypass Canal None +10 Hillsborough County (Unincorporated Areas). Approximately 20 feet upstream of railroad None +22 Tiger Creek At the confluence with Blackwatch Creek +86 +83 Hillsborough County (Unincorporated Areas). On the upstream side of Half Mile Road None +100 Trout Creek At the confluence with Hillsborough River +38 +35 Hillsborough County (Unincorporated Areas). At the Hillsborough County boundary +51 +49 City of Tampa Tucker Rhodine Approximately 0.3 mile from the confluence with Bullfrog Creek +23 +22 Hillsborough County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Bullfrog Creek None +39 Two Hole Branch At the confluence with Hillsborough River +40 +37 Hillsborough County (Unincorporated Areas). Approximately 1.5 miles upstream of Bruton Road None +93 Two Hole Branch Tributary 1 At the confluence with Two Hole Branch None +69 Hillsborough County (Unincorporated Areas). Approximately 2.6 miles upstream of Bob Smith Avenue None +97 Wildcat Creek Approximately 1.7 miles upstream of the confluence with Little Manatee River +8 +9 Hillsborough County (Unincorporated Areas). Approximately 0.7 mile upstream of Stephens Road None +15 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Plant City Maps are available for inspection at the Plant City City Hall, 302 West Reynolds Street, Plant City, Florida. Send comments to The Honorable John L. Dicks, Mayor, City of Plant City, 302 West Reynolds Street, Plant City, Florida 33563. City of Tampa Maps are available for inspection at the City of Tampa Construction Services Center, 1400 North Boulevard, Tampa, Florida Send comments to The Honorable Pam Iorio, Mayor, City of Tampa, 306 East Jackson Street, Tampa, Florida 33602. City of Temple Terrace Maps are available for inspection at the City of Temple Terrace Engineering Department, 11210 North 53rd Street, Temple Terrace, Florida. Send comments to Mr. Kim D. Leinbach, Temple Terrace City Manager, 11250 North 56th Street, Temple Terrace, Florida 33617. Hillsborough County (Unincorporated Areas) Maps are available for inspection at the Hillsborough County Department of Planning and Growth Management, 5701 East Hillsborough Avenue, Suite 1140, Tampa, Florida. Send comments to Mr. Jim Norman, Chairman Hillsborough County Board of Commissioners, Hillsborough County Government Center, 601 East Kennedy Boulevard, Tampa, Florida 33602. Greene County, New York (All Jurisdictions) Batavia Kill At the confluence with Schoharie Creek +1,181 +1,180 Town of Ashland, Town of Prattsville, Town of Windham. Approximately 0.44 mile upstream of Big Hollow Road +2,322 +2,312 East Kill Approximately 60 feet downstream of State Route 23A None +1,402 Town of Jewett. At the Colgate Outlet Access Road None +2,063 Gooseberry Creek At the confluence with Schoharie Creek +1,734 +1,729 Town of Hunter, Village of Tannersville. Approximately 50 feet upstream of the confluence of Sawmill Creek +1,860 +1,861 Mitchell Hollow Creek Approximately 260 feet upstream of the confluence with Batavia Kill +1,517 +1,518 Town of Windham. Approximately 0.54 mile upstream of State Route 23 None +1,566 Sawmill Creek At the confluence with Gooseberry Creek +1,862 +1,860 Town of Hunter, Village of Tannersville. Approximately 320 feet upstream of Spring Street None +1,973 Schoharie Creek At the county boundary None +1,143 Town of Hunter, Town of Jewett, Town of Lexington, Town of Prattsville, Village of Hunter. Approximately 270 feet upstream of Elka Road None +1,806 Stony Clove Creek At the county boundary +1,168 +1,169 Town of Hunter. Approximately 500 feet upstream of State Route 214 None +1,794 West Kill At the confluence with Scoharie Creek +1,319 +1,318 Town of Lexington. Approximately 660 feet upstream of Ad Van Road None +1,942 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Ashland Maps are available for inspection at the Ashland Town Hall, 12094 Route 23, Ashland, New York. Send comments to Mr. Richard B. Thompkins, Ashland Town Supervisor, P.O. Box 129, Ashland, New York 12407. Town of Hunter Maps are available for inspection at the Hunter Town Hall, 5748 Route 23A, Tannersville, New York. Send comments to Mr. Dennis Lucas, Hunter Town Supervisor, 5748 Route 23A, Tannersville, New York 12485. Town of Jewett Maps are available for inspection at the Jewett Municipal Building, 3547 County Route 23C, Jewett, New York. Send comments to Mr. Michael Flaherty, Jewett Town Supervisor, P.O. Box 132, Jewett, New York 12444. Town of Lexington Maps are available for inspection at the Lexington Town Hall, 3542 Route 42, Lexington, New York. Send comments to Ms. Dixie Baldrey, Lexington Town Supervisor, P.O. Box 28, Lexington, New York 12452. Town of Prattsville Maps are available for inspection at the Prattsville Town Hall, Supervisor's Office, 14517 Main Street, Prattsville, New York. Send comments to Mr. Richard F. Morse, Prattsville Town Supervisor, P.O. Box 418, Prattsville, New York 12468. Town of Windham Maps are available for inspection at the Windham Town Hall, 371 State Route 296, Hensonville, New York. Send comments to Mr. T. Patrick Meehan, Jr., Windham Town Supervisor, 371 State Route 296, Hensonville, New York 12439. Village of Hunter Maps are available for inspection at the Hunter Village Hall, 6349 Main Street, Hunter, New York. Send comments to The Honorable William Maley, Mayor of the Village of Hunter, P.O. Box 44, Hunter, New York 12442. Village of Tannersville Maps are available for inspection at the Tannersville Village Hall, 1 Park Lane, Tannersville, New York. Send comments to The Honorable Gina Legari, Mayor of the Village of Tannersville, P.O. Box 967, Tannersville, New York 12485. Westchester County, New York (All Jurisdictions) Barney Brook Approximately 10 feet downstream of Buckhout Street None +26 Village of Irvington. Approximately 0.4 mile upstream of Fieldpoint Drive +391 +370 Barney Brook Tributary At the confluence with Barney Brook +99 +98 Village of Irvington. Approximately 0.40 mile upstream of Easy Clinton Avenue None +268 Beaver Swamp Brook Upstream side of East Boston Post Road None +21 Village of Mamaroneck, City of Rye, Town of Harrison. Approximately 470 feet upstream of Park Drive South None +80 Blind Brook Approximately 100 feet upstream of Oakland Beach Avenue +14 +13 City of Rye, Town of Harrison, Village of Rye Brook. Approximately 0.4 mile upstream of Lincoln Avenue +366 +363 Branch Brook Downstream side of Saw Mill Parkway +280 +281 Village of Mount Kisco, Town of Bedford. Approximately 160 feet upstream of Wood Road None +405 Brentwood Brook At the confluence with Beaver Swamp Brook +31 +33 Town of Harrison, Village of Mamaroneck. Approximately 100 feet downstream of Haviland Road None +122 Bronx River At the Westchester/Bronx County boundary +69 +66 Town of Eastchester, City of White Plains, City of Yonkers, Town of Greenburgh, Town of Mount Pleasant, Town of North Castle, Village of Bronxville, Village of Scarsdale, Village of Tuckahoe. Approximately 0.52 mile upstream of Bronx River Parkway None +208 Brown Brook At the confluence of Muscoot Reservoir +193 +201 Town of Somers. Approximately 0.59 mile upstream of Warren Street +426 +425 Byram River Reach 1 Approximately 0.45 mile downstream of New England Highway +11 +12 Village of Port Chester. Approximately 700 feet upstream of Hillside Avenue +17 +18 Caney Brook Approximately 0.74 mile downstream of Long Hill Road None +219 Village of Briarcliff Manor. Approximately 57 feet downstream of Scarborough Road None +325 Clove Brook Upstream side of Taconic State Parkway (North Bound) +243 +244 Town of Mount Pleasant. Approximately 0.28 mile upstream of Taconic State Parkway None +267 Croton River Approximately 700 feet upstream of U.S. Highway 9 +7 +8 Town of Ossining, Town of Cortlandt, Village of Croton-On-Hudson. Approximately 0.70 mile upstream of Quaker Bridge Road +49 +53 East Branch: Blind Brook At confluence with Blind Brook +36 +35 Village of Rye Brook. Approximately 250 feet upstream of Bluebird Hollow None +143 Mamaroneck Branch Approximately 65 feet downstream of Anderson Hill Road +138 +134 Town of Harrison. Approximately 0.76 mile upstream of Old Lake Street None +252 Sheldrake River At the confluence with Sheldrake River +61 +59 Town of Mamaroneck. Approximately 175 feet downstream of Fenmore Road +99 +97 Fly Kill Brook At the confluence with Saw Mill River +230 +231 Town of Mount Pleasant. Approximately 130 feet downstream of Livingston Street +249 +248 Furnace Brook At the upstream side of Cortlandt Road None +7 Town of Cortlandt. Approximately 450 feet upstream of Maple Avenue None +307 Grassy Sprain Brook At the confluence with Bronx River +85 +84 City of Yonkers. Approximately 0.74 mile upstream of Bronx River Parkway None +84 Hillside Avenue Brook At confluence with East Branch Blind Brook None +132 Village of Rye Brook. Approximately 145 feet upstream of Hillandale Road None +202 Hutchinson River Approximately 800 feet upstream of East Sanford Boulevard +14 +13 Village of Scarsdale, City of Mount Vernon, City of New Rochelle, Town of Eastchester, Village of Pelham, Village of Pelham Manor. Approximately 0.6 mile upstream of Grand Avenue +234 +226 Kensico Road Tributary At confluence with Nanny Hagan Brook +254 +250 Town of Mount Pleasant. Approximately 88 feet downstream of Rolling Hills Road #3 +352 Kil Brook At the confluence with Sing Sing Creek None +186 Village of Ossining, Town of Ossining. Approximately 290 feet upstream of Brookside Lane None +480 Kisco River At the confluence with New Croton Reservoir +195 +205 Town of New Castle. Approximately 0.3 mile upstream of Lake Road +204 +205 Knollwood Brook Approximately 350 feet upstream of Woodside Avenue None +233 Town of Greenburgh. Approximately 0.2 mile upstream of Knollwood Road None +270 Lecount Creek Confluence with Lower Mamaroneck River +35 +31 Town of Harrison. Approximately 455 feet upstream of West Street +35 +34 Leroy Avenue Brook Approximately 665 feet downstream of South Broadway Road None +87 Village of Tarrytown. Approximately 280 feet upstream of Loh Avenue None +234 Lower Mamaroneck River At the upstream side of East Prospect Avenue +16 +17 Village of Mamaroneck, Town of Harrison. Approximately 800 feet upstream of Winfield Avenue +40 +48 Lower Pocantico River Approximately 0.21 mile downstream of Devries Avenue None +15 Village of Sleepy Hollow, Town of Mount Pleasant. Approximately 0.76 mile upstream of Gory Brook Road None +142 Mamaroneck River Upper Reach Approximately 120 feet downstream of Interstate 287 On-Ramp None +143 Town of Harrison, City of White Plains. Approximately 300 feet upstream of Lake Street None +179 Mianus River Approximately 1.0 mile downstream of Millers Mill Road None +330 Town of North Castle, Town of Bedford, Town of Pound Ridge. Approximately 0.5 mile downstream of Brookwood Road None +360 Mohegan Outlet Approximately 0.47 mile downstream of Foothill Street None +195 Town of Cortlandt, Town of Yorktown. Approximately 50 feet upstream of East Main Street None +451 Nanny Hagen Brook Approximately 425 feet upstream of confluence with Saw Mill River +251 +250 Town of Mount Pleasant, Village of Pleasantville. Approximately 0.3 mile upstream of Marble Avenue +264 +263 Nelson Creek At the confluence with Brentwood Brook +61 +65 Town of Harrison. Approximately 0.6 mile upstream of Union Avenue +103 +125 New Croton Reservoir Entire shoreline within community +198 +205 Town of New Castle, Town of Bedford, Town of Cortlandt, Town of Somers, Town of Yorktown. Peekskill Hollow Brook Tributary Approximately 50 feet upstream of confluence with Peekskill Hollow Brook +63 +64 Town of Cortlandt. Approximately 250 feet downstream of Bear Mountain State Parkway None +313 Plum Brook Approximately 35 feet downstream of Somerstown Road None +199 Town of Somers. At the Westchester/Putnam County boundary +498 +503 Plum Brook Tributary 1 At confluence with Plum Brook +402 +403 Town of Somers. Approximately 190 feet upstream of Lake Shore Drive +457 +458 Saw Mill River Approximately 530 feet downstream of New School Street None +48 Village of Dobbs Ferry, City of Yonkers, Town of Greenburgh, Town of Mount Pleasant, Town of New Castle, Village of Ardsley, Village of Elmsford, Village of Hastings-On-Hudson, Village of Irvington, Village of Pleasantville. Approximately 0.35 mile upstream of Kipp Street None +399 Saw Mill River West Channel At the confluence with Saw Mill River +123 +122 Village of Dobbs Ferry. At the confluence from Saw Mill River +126 +127 Sheldrake River At the confluence with Lower Mamaroneck River +27 +26 Town of Mamaroneck, Village of Mamaroneck, Village of Scarsdale. Approximately 30 feet downstream of Catherine Road +239 +240 Sing Sing Creek At the confluence with Hudson River None +7 Village of Ossining, Town of Ossining. Approximately 0.3 mile upstream of Marble Place None +186 South Fox Meadow Brook Approximately 50 feet downstream of Bronx River Parkway +156 +157 Village of Scarsdale. Approximately 0.24 mile upstream of Oxford Road None +223 Sunnyside Brook Approximately 175 feet upstream of Metro North Railroad +7 +8 Village of Irvington, Town of Greenburgh, Village of Tarrytown. Approximately 0.22 feet upstream of Mountain Road None +347 Tibbetts Brook Approximately 0.23 mile downstream of McLean Avenue None +29 City of Yonkers. Approximately 0.52 mile upstream of McLean Avenue None +37 Troublesome Brook At the confluence with Bronx River +105 +104 City of Yonkers. Approximately 0.23 mile upstream of Maria Lane +158 +169 Unnamed Tributary to Plum Brook At confluence with Plum Brook +274 +275 Town of Somers. Approximately 430 feet upstream of Dunhill Road None +294 Upper Pocantico River Approximately 530 feet downstream of Beech Hill Road +230 +229 Village of Briarcliff Manor, Town of Mount Pleasant, Town of Ossining. Approximately 800 feet upstream of Chappaqua Road None +273 Wickers Creek At the Metro North Railroad +10 +7 Village of Dobbs Ferry. Approximately 910 feet downstream of Broadway (U.S. Route 9) +97 +92 Woodlands Road: Brook 1 At the confluence with Brentwood Brook None +69 Town of Harrison. Approximately 350 feet upstream of Woodlands Road None +92 Brook 2 Approximately 0.20 mile downstream of Woodlands Road None +72 Town of Harrison Approximately 150 feet upstream of Woodlands Road None +92 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Mount Vernon Maps are available for inspection at the Mount Vernon City Hall, Room 108, 1 Roosevelt Square, Mount Vernon, New York. Send comments to The Honorable Ernest D. Davis, Mayor of the City of Mount Vernon, 1 Roosevelt Square, Mount Vernon, New York 10550. City of New Rochelle Maps are available for inspection at the New Rochelle City Department of Public Works, 515 North Avenue, New Rochelle, New York. Send comments to The Honorable Noam Bramson, Mayor of the City of New Rochelle, 515 North Avenue, New Rochelle, New York 10801. City of Rye Maps are available for inspection at the Rye City Engineering Department, 1051 Bost Post Road, Rye, New York. Send comments to The Honorable Steven Otis, Mayor of the City of Rye, 3rd floor City Hall, Rye, New York 10580. City of White Plains Maps are available for inspection at the White Plains City Planning Department, 255 Main Street, White Plains, New York. Send comments to The Honorable Joseph M. Delfino, Mayor of the City of White Plains, 255 Main Street, White Plains, New York 10601. City of Yonkers Maps are available for inspection at the Yonkers City Hall, Engineering Department, Room 315, 40 South Broadway, Yonkers, New York. Send comments to The Honorable Philip A. Amicone, Mayor of the City of Yonkers, 40 South Broadway, Yonkers, New York 10701. Town of Bedford Maps are available for inspection at the Bedford Town Planning Office, 425 Cherry Street, Bedford Hills, New York. Send comments to Mr. Lee V.A. Roberts, Bedford Town Supervisor, 321 Bedford Road, Bedford Hills, New York 10507. Town of Cortlandt Maps are available for inspection at the Cortlandt Town Engineering Department, 1 Heady Street, Cortlandt, New York. Send comments to Ms. Linda D. Puglisi, Cortlandt Town Supervisor, 1 Heady Street, Cortlandt, New York 10567. Town of Eastchester Maps are available for inspection at the Eastchester Town Building and Planning Department, 40 Mill Road, Eastchester, New York. Send comments to Mr. Anthony S. Colavita, Eastchester Town Supervisor, 40 Mill Road, Eastchester, New York 10709. Town of Greenburgh Maps are available for inspection at the Greenburgh Town Engineering Department, 177 Hillside Avenue, Greenburgh, New York. Send comments to Mr. Paul Feiner, Greenburgh Town Supervisor, 177 Hillside Avenue, Greenburgh, New York 10607. Town of Harrison Maps are available for inspection at the Harrison Town Engineering Department, 1 Heineman Place, Harrison, New York. Send comments to The Honorable Stephen Malfitano, Mayor of the Town of Harrison, 1 Heineman Place, Harrison, New York 10528. Town of Mamaroneck Maps are available for inspection at the Mamaroneck Village Building Department, 740 West Boston Post Road, Mamaroneck, New York. Send comments to Ms. Valerie M. O'Keefe, Mamaroneck Town Supervisor, 740 West Boston Post Road, Mamaroneck, New York 10543. Town of Mount Pleasant Maps are available for inspection at the Mount Pleasant Town Construction and Zoning Office, 1 Town Hall Plaza, Valhalla, New York. Send comments to Ms. Joan A. Maybury, Mount Pleasant Town Supervisor, 1 Town Hall Plaza, Valhalla, New York 10595. Town of New Castle Maps are available for inspection at the New Castle Town Building Department, 200 South Greeley Avenue, Chappaqua, New York. Send comments to Mr. Gennaro J. Faiella, New Castle Town Administrator, 200 South Greeley Avenue, Chappaqua, New York 10514. Town of North Castle Maps are available for inspection at the North Castle Town Building Department, 17 Bedford Road, Armonk, New York. Send comments to Ms. Reese Berman, North Castle Town Supervisor, 15 Bedford Road, Armonk, New York 10504. Town of Ossining Maps are available for inspection at the Ossining Town Building Department, 101 Route 9A, Ossining Town Operations Center, Ossining, New York. Send comments to Mr. John V. Cherrokas, Ossining Town Supervisor, 16 Croton Avenue, Ossining, New York 10562. Town of Pound Ridge Maps are available for inspection at the Pound Ridge Town Building Department, Town House, 179 Westchester Avenue, Pound Ridge, New York. Send comments to Mr. Gary David Warshauer, Pound Ridge Town Supervisor, The Town House, 179 Westchester Avenue, Pound Ridge, New York 10576. Town of Scarsdale Maps are available for inspection at the Scarsdale Building Department, 1001 Post Road, Scarsdale, New York. Send comments to Mr. Alfred A. Gatta, Scarsdale Village Manager, 1001 Post Road, Scarsdale, New York. Town of Somers Maps are available for inspection at the Somers Town House Engineering Department, 335 Route 202, Somers, New York. Send comments to Ms. Mary Beth Murphy, Somers Town Supervisor, Town House, 335 Route 202, Somers, New York 10589. Town of Yorktown Maps are available for inspection at the Yorktown Town Engineering Department, 363 Underhill Avenue, Yorktown Heights, New York. Send comments to Ms. Linda Cooper, Yorktown Town Supervisor, 363 Underhill Avenue, Yorktown, New York 10598. Village of Ardsley Maps are available for inspection at the Ardsley Village Building Department, 507 Ashford Avenue, Ardsley, New York. Send comments to The Honorable Jay Leon, Mayor of the Village of Ardsley, 507 Ashford Avenue, Ardsley, New York 10502. Village of Briarcliff Manor Maps are available for inspection at the Briarcliff Village Engineer's Office, 1111 Pleasantville Road, Briarcliff, New York. Send comments to The Honorable William Vescio, Mayor of the Village of Briarcliff Manor, 1111 Pleasantville Road, Briarcliff Manor, New York 10510. Village of Bronxville Maps are available for inspection at the Bronxville Village Engineer's Office, 200 Pondfield Road, Bronxville, New York. Send comments to The Honorable Mary C. Marvin, Mayor of the Village of Bronxville, 200 Pondfield Road, Bronxville, New York 10708. Village of Croton-on-Hudson Maps are available for inspection at the Croton-on-Hudson Village Engineering Department, 1 Van Wyck Street, Croton-on-Hudson, New York. Send comments to Mr. Richard F. Herbek, Croton-on-Hudson Village Manager, Stanley H. Kellerhause Municipal Building, Croton-on-Hudson, New York 10520. Village of Dobbs Ferry Maps are available for inspection at the Dobbs Ferry Village Engineering Department, 112 Main Street, Dobbs Ferry, New York. Send comments to The Honorable Joseph J. Bora, Mayor of the Village of Dobbs Ferry, 117 Main Street, Dobbs Ferry, New York 10522. Village of Elmsford Maps are available for inspection at the Elmsford Village Hall, 15 South Stone Avenue, Elmsford, New York. Send comments to The Honorable Robert Williams, Mayor of the Village of Elmsford, 15 South Stone Avenue, Elmsford, New York 10523. Village of Hastings-on-Hudson Maps are available for inspection at the Hastings-on-Hudson Village Building Department, 7 Maple Avenue, Hastings-on-Hudson, New York. Send comments to Mr. Francis A. Frobel, Hastings-on-Hudson Village Manager, 7 Maple Avenue, Hastings-on-Hudson, New York 10706. Village of Irvington Maps are available for inspection at the Irvington Village Building Department, 85 Main Street, Irvington, New York. Send comments to The Honorable Dennis P. Flood, Mayor of the Village of Irvington, 85 Main Street, Irvington, New York 10533. Village of Mamaroneck Maps are available for inspection at the Mamaroneck Village Building Department, 169 Mount Pleasant Avenue, Mamaroneck, New York. Send comments to Mr. Philip Trifiletti, Mamaroneck Village Manager, P.O. Box 369, Mamaroneck, New York 10543. Village of Mount Kisco Maps are available for inspection at the Mount Kisco Village Hall, 104 Main Street, Mount Kisco, New York. Send comments to The Honorable Michael Cindrich, Mayor of the Village of Mount Kisco, 104 Main Street, Mount Kisco, New York 10549. Village of Ossining Maps are available for inspection at the Ossining Village Building Department, 101 Route 9A, Ossining Village Operations Center, Ossining, New York. Send comments to Ms. Linda Abels, Ossining Village Manager, 16 Croton Avenue, Ossining, New York 10562. Village of Pelham Maps are available for inspection at the Pelham Village Hall, 195 Sparks Avenue, Pelham, New York. Send comments to The Honorable Michael Cain, Mayor of the Village of Pelham, 195 Sparks Avenue, Pelham, New York 10803. Village of Pelham Manor Maps are available for inspection at the Pelham Manor Village Hall, 4 Penfield Place, Pelham Manor, New York. Send comments to The Honorable Lorri S. Gorman, Mayor of the Village of Pelham Manor, 4 Penfield Place, Pelham Manor, New York 10803. Village of Pleasantville Maps are available for inspection at the Pleasantville Village Building Department, 80 Wheeler Avenue, Pleasantville, New York. Send comments to The Honorable Bernard Gordon, Mayor of the Village of Pleasantville, 80 Wheeler Avenue, Pleasantville, New York 10570. Village of Port Chester Maps are available for inspection at the Port Chester Village Clerk's Office, 10 Pearl Street, Port Chester, New York. Send comments to Mr. William F. Williams, Port Chester Village Manager, 10 Pearl Street, 2nd floor, Port Chester, New York 10573. Village of Rye Brook Maps are available for inspection at the Rye Brook Village Building Department, 938 King Street, Rye Brook, New York. Send comments to The Honorable Lawrence A. Rand, Mayor of the Village of Rye Brook, 938 King Street, Rye Brook, New York 10573. Village of Scarsdale Maps are available for inspection at the Scarsdale Village Engineering Department, 1001 Post Road, Scarsdale, New York. Send comments to Mr. Alfred A. Gatta, Scarsdale Village Manager, 1001 Post Road, Scarsdale, New York 10583. Village of Sleepy Hollow Maps are available for inspection at the Sleepy Hollow Village Inspector's Office, 28 Beekman Avenue, Sleepy Hollow, New York. Send comments to Mr. Philip E. Zegarelli, Sleepy Hollow Village Administrator, 28 Beekman Avenue, Sleepy Hollow, New York 10591. Village of Tarrytown Maps are available for inspection at the Tarrytown Village Building Department, 21 Wildey Street, Tarrytown, New York. Send comments to Mr. Stephen McCabe, Tarrytown Village Administrator, 21 Wildey Street, Tarrytown, New York 10591. Village of Tuckahoe Maps are available for inspection at the Tuckahoe Village Hall, 65 Main Street, Tuckahoe, New York. Send comments to The Honorable Michael J. Martino, Mayor of the Village of Tuckahoe, 65 Main Street, Tuckahoe, New York 10707. Randolph County, North Carolina and Incorporated Areas Asheworth Branch At the Randolph/Montgomery County boundary None +574 Randolph County (Unincorporated Areas). Approximately 215 feet upstream of King Drive None +574 Back Creek At the confluence with Caraway Creek None +429 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 110 feet upstream of the confluence of Back Creek Tributary 1 None +572 Back Creek: Tributary 1 At the confluence with Back Creek None +571 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of Heath Dairy Road (State road 1511) None +606 Tributary 1A At the confluence with Back Creek Tributary 1 None +597 Randolph County (Unincorporated Areas). Approximately 1,050 feet upstream of the confluence with Back Creek Tributary 1 None +602 Betty McGees Creek At the confluence with Uwharrie River None +393 Randolph County (Unincorporated Areas). Approximately 3.7 miles upstream of Lassiter Mill Road (State Road 1107) None +505 Big Branch At the confluence with Little River None +656 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Little River None +686 Brier Creek At the confluence with Little Uwharrie River None +534 Randolph County (Unincorporated Areas). At the Davidson/Randolph County boundary None +546 Brier Creek Tributary 1 At the confluence with Brier Creek None +546 Randolph County (Unincorporated Areas). Approximately 1,035 feet upstream of Hughes Grove Road (State Road 1400) None +585 Cable Creek At the confluence with Back Creek None +436 Randolph County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Back Creek None +456 Caraway Creek At the confluence with Uwharrie River None +408 Randolph County (Unincorporated Areas), City of Archdale. Approximately 1.6 miles upstream of Roy Farlow Road (State Road 1534) None +715 Caraway Creek: Tributary 1 At the confluence with Caraway Creek None +494 Randolph County (Unincorporated Areas). Approximately 1.0 mile upstream of Sawyer Road None +594 Tributary 2 At the confluence with Caraway Creek None +543 Randolph County (Unincorporated Areas). Approximately 1,300 feet upstream of Beeson Farm Road (State Road 1525) None +627 Tributary 3 At the confluence with Caraway Creek None +681 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Caraway Creek None +691 Cedar Fork Creek At the confluence with Back Creek None +474 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 760 feet upstream of South Church Street None +844 Hannahs Creek At the confluence with Uwharrie River None +389 Randolph County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Robbins Branch None +517 Jackson Creek At the confluence with Uwharrie River None +415 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of Jackson Creek Road (State Road 1314) None +565 Kings Creek At the confluence with Little River None +585 Randolph County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Little River None +607 Lakes Creek At the confluence with Uwharrie River None +366 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Uwharrie River None +418 Laniers Creek At the confluence with Uwharrie River None +381 Randolph County (Unincorporated Areas). Approximately 150 feet downstream of Johnson Farm Road (State Road 1262) None +558 Little Caraway Creek At the confluence with Caraway Creek None +461 Randolph County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence of Little Caraway Creek Tributary 1 None +598 Little Caraway Creek Tributary 1 At the confluence with Little Caraway Creek None +536 Randolph County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Little Caraway Creek None +568 Little River At the Randolph/Montgomery County boundary None +572 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of Southmont Drive (State Road 1145) None +742 Little River: Tributary 10 At the confluence with Little River None +669 Randolph County (Unincorporated Areas). Approximately 1,645 feet upstream of the confluence with Little River None +678 Tributary 11 At the confluence with Little River None +672 Randolph County (Unincorporated Areas). Approximately 1,340 feet upstream of the confluence with Little River None +680 Tributary 12 At the confluence with Little River None +718 Randolph County (Unincorporated Areas). Approximately 230 feet upstream of U.S. Highway 220 None +759 Tributary 2 At the confluence with Little River None +578 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little River None +598 Tributary 3 At the confluence with Little River None +586 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little River None +606 Tributary 4 At the confluence with Little River None +588 Randolph County (Unincorporated Areas). Approximately 1,210 feet upstream of the confluence with Little River None +607 Tributary 5 At the confluence with Little River None +601 Randolph County (Unincorporated Areas). Approximately 1,825 feet upstream of NC Highway 134 None +631 Tributary 6 At the confluence with Little River None +614 Randolph County (Unincorporated Areas). Approximately 1,415 feet upstream of the confluence with Little River None +653 Tributary 7 At the confluence with Little River None +651 Randolph County (Unincorporated Areas). Approximately 1,190 feet upstream of the confluence with Little River None +664 Tributary 8 At the confluence with Little River None +653 Randolph County (Unincorporated Areas). Approximately 1,870 feet upstream of the confluence with Little River None +665 Tributary 9 At the confluence with Little River None +664 Randolph County (Unincorporated Areas). Approximately 1,375 feet upstream of the confluence with Little River None +686 Little Uwharrie River At the confluence with Uwharrie River None +456 Randolph County (Unincorporated Areas), City of Trinity. Approximately 0.4 mile upstream of NC Highway 62 None +891 Little Uwharrie River: Tributary 1 At the confluence with Little Uwharrie River None +492 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Little Uwharrie River None +506 Tributary 10 At the confluence with Little Uwharrie River None +814 Randolph County (Unincorporated Areas), City of Trinity. At the Davidson/Randolph County boundary None +858 Tributary 10A At the confluence with Little Uwharrie River Tributary 10 None +826 Randolph County (Unincorporated Areas), City of Trinity. Approximately 0.7 mile upstream of the confluence with Little Uwharrie River Tributary 10 None +904 Tributary 11 At the confluence with Little Uwharrie River None +829 City of Trinity. At the Davidson/Randolph County boundary None +848 Tributary 11A At the confluence with Little Uwharrie River Tributary 11 None +839 City of Trinity. Just upstream of the Davidson/Randolph County boundary None +876 Tributary 4 At the confluence with Little Uwharrie River None +691 Randolph County (Unincorporated Areas). Approximately 880 feet upstream of Courtland Drive (State Road 3253) None +888 Tributary 5 At the confluence with Little Uwharrie River None +704 Randolph County (Unincorporated Areas). Approximately 90 feet upstream of Refuge Church Drive None +790 Tributary 6 At the confluence with Little Uwharrie River None +734 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Little Uwharrie River None +896 Tributary 6A At the confluence with Little Uwharrie River Tributary 6 None +745 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little Uwharrie River Tributary 6 None +850 Tributary 7 At the confluence with Little Uwharrie River None +779 Randolph County (Unincorporated Areas), City of Trinity. Approximately 1,220 feet upstream of Finch Farm Road (State Road 1547) None +841 Tributary 8 At the confluence with Little Uwharrie River None +793 Randolph County (Unincorporated Areas), City of Trinity. Approximately 1.0 mile upstream of the confluence with Little Uwharrie River None +897 Tributary 8A At the confluence with Little Uwharrie River Tributary 8 None +795 Randolph County (Unincorporated Areas), City of Trinity. Approximately 0.6 mile upstream of the confluence with Little Uwharrie River Tributary 8 None +886 Long Branch At the confluence with Cedar Fork Creek None +508 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 0.5 mile upstream of Wilson Drive None +666 Mill Creek At the confluence with Uwharrie River None +380 Randolph County (Unincorporated Areas). Approximately 390 feet upstream of Lassiter Mill Road (State Road 1107) None +400 Nanny Branch At the confluence with Laniers Creek None +445 Randolph County (Unincorporated Areas). Approximately 1,275 feet upstream of the confluence with Laniers Creek None +463 Narrows Branch At the confluence with Uwharrie River None +365 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Uwharrie River None +460 Reed Creek At the confluence with Little River None +603 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of Burney Road (State Road 1127) None +646 Reedy Creek At the confluence with Little River None +618 Randolph County (Unincorporated Areas). Approximately 1,870 feet upstream of the confluence with Little River None +642 Robbins Branch At the confluence with Hannahs Creek None +494 Randolph County (Unincorporated Areas). Approximately 1,345 feet upstream of the confluence with Hannahs Creek None +507 Sand Branch At the confluence with Laniers Creek None +441 Randolph County (Unincorporated Areas). Approximately 1,490 feet upstream of the confluence with Laniers Creek None +462 Second Creek At the confluence with Uwharrie River None +393 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Second Creek Tributary 3 None +505 Second Creek: Tributary 1 At the confluence with Second Creek None +393 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Second Creek None +407 Tributary 2 At the confluence with Second Creek None +459 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Second Creek None +476 Tributary 2A At the confluence with Second Creek Tributary 2 None +463 Randolph County (Unincorporated Areas). Approximately 1,900 feet upstream of Salem Church Road (State Road 1304) None +483 Tributary 3 At the confluence with Second Creek None +479 Randolph County (Unincorporated Areas). Approximately 1,100 feet upstream of Bombay School Road (State Road 1178) None +512 Silver Run Creek At the confluence with Uwharrie River None +391 Randolph County (Unincorporated Areas). Approximately 275 feet upstream of Lassiter Mill Road (State Road 1107) None +402 South Fork Jackson Creek At the confluence with Jackson Creek None +506 Randolph County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Jackson Creek None +545 South Prong Little River At the confluence with Little River None +678 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little River None +685 Taylors Creek At the confluence with Caraway Creek None +414 Randolph County (Unincorporated Areas). Approximately 3.3 miles upstream of Lassiter Mill Road (State Road 1107) None +543 Toms Creek At the confluence with Uwharrie Road None +400 Randolph County (Unincorporated Areas). Approximately 1.3 miles upstream of Richey Road (State Road 1306) None +501 Two Mile Branch At the confluence with Second Creek None +439 Randolph County (Unincorporated Areas). Approximately 1,990 feet upstream of the confluence with Second Creek None +472 Two Mile Creek At the confluence with Uwharrie River None +391 Randolph County (Unincorporated Areas). Approximately 1,970 feet upstream of the confluence with Uwharrie River None +398 Uwharrie River At the Montgomery/Randolph County boundary None +363 Randolph County (Unincoporated Areas), City of Asheboro, Randolph County Approximately 130 feet upstream of Old Mendenhall Road (State Road 1616) None +791 City of Trinity. Uwharrie River: Tributary 1 At the confluence with Uwharrie River None +367 Randolph County (Unincorporated Areas). Approximately 1,050 feet upstream of the confluence with Uwharrie River None +380 Tributary 2 At the confluence with Uwharrie River None +384 Randolph County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Uwharrie River None +400 Tributary 3 At the confluence with Uwharrie River None +385 Randolph County (Unincorporated Areas). Approximately 1,890 feet upstream of the confluence with Uwharrie River None +403 Tributary 4 At the confluence with Uwharrie River None +445 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Uwharrie River None +445 Tributary 5 At the confluence with Uwharrie River None +445 Randolph County (Unincorporated Areas). Approximately 1,660 feet upstream of Garren Town Road (State Road 1332) None +452 Tributary 6 At the confluence with Uwharrie River None +461 Randolph County (Unincorporated Areas). Approximately 335 feet upstream of Skeens Mill Road (State Road 1550) None +483 Tributary 7 At the confluence with Uwharrie River None +517 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of Summer Road (State Road 1546) None +540 Tributary 8 At the confluence with Uwharrie River None +554 Randolph County (Unincorporated Areas), City of Archdale. Approximately 190 feet upstream of Alexandria Drive None +663 Tributary 8A At the confluence with Uwharrie River Tributary 8A None +636 Randolph County (Unincorporated Areas), City of Archdale. Approximately 0.8 mile upstream of the confluence with Uwharrie River Tributary 8 None +665 Tributary 9 At the confluence with Uwharrie River None +578 Randolph County (unincorporated Areas), City of Trinity. Approximately 0.9 mile upstream of Red Fox Road None +805 Tributary 10 At the confluence with Uwharrie River None +668 City of Trinity. Approximately 330 feet upstream of Maple Oak Drive None +722 Tributary 11 At the confluence with Uwharrie River None +694 City of Trinity. Approximately 0.7 mile upstream of Mendenhall Road None +746 Wagners Branch At the confluence with Little River None +582 Randolph County (Unincorporated Areas). Approximately 290 feet upstream of Borough Avenue None +684 Walkers Creek At the confluence with Uwharrie River None +373 Randolph County (Unincorporated Areas). Approximately 1,775 feet upstream of the confluence with Uwharrie River None +385 Wesley Dean Branch At the confluence with Little River None +577 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Little River None +606 West Fork Little River At the Randoloph/Montgomery County boundary None +615 Randolph County (Unincorporated Areas). Approximately 850 feet upstream of Mt. Lebanon Road (State Road 1111) None +710 West Fork Little: River Tributary 1 At the confluence with West Fork Little River None +622 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with West Fork Little River None +629 River Tributary 2 At the confluence with West Fork Little River None +676 Randolph County (Unincorporated Areas). Approximately 1,620 feet upstream of the confluence with West Fork Little River None +692 River Tributary 3 At the confluence with West Fork Little River None +694 Randolph County (Unincorporated Areas). Approximately 1,320 feet upstream of the confluence with West Fork Little River None +701 River Tributary 4 At the confluence with West Fork Little River None +697 Randolph County (Unincorporated Areas). Approximately 1,335 feet upstream of the confluence with West Fork Little River None +703 River Tributary 5 At the confluence with West Fork Little River None +708 Randolph County (Unincorporated Areas). Approximately 1,010 feet upstream of the confluence with West Fork Little River None +710 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Verticle Datum. ADDRESSES City of Archdale Maps are available for inspection at the Archdale City Hall, 307 Balfour Drive, Archdale, North Carolina. Send comments to The Honorable Bert Lance Stone, Mayor of the City of Archdale, P.O. Box 14068, Archdale, North Carolina 27263. City of Asheboro Maps are available for inspection at the City of Asheboro Planning and Zoning Department, Asheboro, North Carolina. Send comments to The Honorable David Jarell, Mayor of the City of Asheboro, P.O. Box 1106, Asheboro, North Carolina 27204. City of Trinity Maps are available for inspection at the Trinity City Hall, 6701 NC Highway 62, Trinity, North Carolina. Send comments to The Honorable Fran Andrews, Mayor of the City of Trinity, P.O. Box 50, Trinity, North Carolina 27370. Randolph County (Unincorporated Areas): Maps are available for inspection at the Randolph County Planning and Zoning Department, 725 McDowell Road, Asheboro, North Carolina. Send comments to Mr. Richard T. Wells, Randolph County Manager, P.O. Box 4728, Asheboro, North Carolina 27204-4728. Richmond County, North Carolina and Incorporated Areas Baggetts Creek At the confluence with Speeds Creek None +135 Richmond County (Unincorporated Areas). At U.S. Highway 1 None +159 Beaver Dam Creek (into Rocky Fork Creek) At the confluence with Rocky Fork. Creek None +238 Richmond County (Unincorporated Areas). Approximately 0.4 mile upstream of Millstone Road (State Road 1487) None +315 Beaverdam Branch Approximately 50 feet upstream of the Railroad +235 +247 Richmond County (Unincorporated Areas), City of Hamlet, City of Rockingham. Approximately 860 feet upstream of Chalk Road None +269 Beaverdam Creek (into Big Mountain Creek) At the confluence with Big Mountain Creek None +341 Richmond County (Unincorporated Areas). Approximately 100 feet downstream of Capel Mill Road (State Road 1321) None +367 Bells Creek At the confluence with Rocky Fork Creek None +270 Richmond County (Unincorporated Areas). Approximately 1,200 feet upstream of Haywood Parker Road (State Road 1441) None +320 Big Branch At the confluence with Drowning Creek None +302 Richmond County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Drowning Creek None +318 Big Mountain Creek At the confluence with Mountain Creek and Little Mountain Creek None +246 Richmond County (Unincorporated Areas). Approximately 600 feet upstream of the confluence of Silver Creek None +374 Big Muddy Creek At the Richmond/Scotland County boundary None +311 Richmond County (Unincorporated Areas), Town of Hoffman. Approximately 1,500 feet upstream of Blues Bridge Road None +397 Black Branch At the confluence with Solomans Creek None +214 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of U.S. Highway 74 None +256 Bones Fork Creek At the confluence with Hitchcock Creek None +256 Richmond County (Unincorporated Areas). Approximately 1,000 feet upstream of Millstone Road (State Road 1487) None +276 Bones Fork Creek Tributary 1 At the confluence with Bones Fork Creek None +280 Richmond County (Unincorporated Areas). Approximately 600 feet upstream of Millstone Road (State Road 1487) None +280 Richmond County (Unincorporated Areas). Buffalo Creek At the confluence with Little River None +201 Richmond County (Unincorporated Areas). Approximately 0.7 mile upstream of Cartledge Creek Road (State Road 1005) None +262 Buffalo Creek Tributary 1 At the confluence with Buffalo Creek None +224 Richmond County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Buffalo Creek None +238 Camp Branch At the confluence with Gum Swamp Creek None +256 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of Cognac Road (State Road 1605) None +302 Cartledge Creek At the confluence with Pee Dee River None +152 Richmond County (Unincorporated Areas). Approximately 1,400 feet upstreamof John Webb Road (State Road 1308) None +294 Cartledge Creek: Tributary 1 At the confluence with Cartledge Creek None +152 Richmond County (Unincorporated Areas). Approximately 2.0 miles upstream of the confluence with Cartledge Creek None +219 Tributary 2 At the confluence with Cartledge Creek None +168 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of Dockery Road (State Road 1143) None +218 Cheek Creek At the confluence with Little River None +207 Richmond County (Unincorporated Areas). Approximately 1,800 feet upstream of the confluence with Little River None +207 Chock Creek At the confluence with Hitchcock Creek None +239 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of Gray Woods Road None +279 Chock Creek: Tributary 1 At the confluence with Chock Creek None +247 Richmond County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Chock Creek None +260 Tributary 2 At the confluence with Chock Creek None +263 Richmond County (Unincorporated Areas). Approximately 1.3 miles upstream of Fox Road (State Road 1606) None +301 Colemans Creek At the confluence with Mountain Creek None +193 Richmond County (Unincorporated Areas). Approximately 1.8 miles upstream of Grassy Island Road (State Road 1148) None +271 Cox Pond At the upstream side of the Railroad None +274 Richmond County (Unincorporated Areas), City of Hamlet. Approximately 150 feet downstream of McDonald Avenue None +296 Crawford Branch Approximately 1.2 miles downstream of Old Peggy Mill Road (State Road 1610) None +260 Richmond County (Unincorporated Areas). Approximately 0.6 mile upstream of Old Peggy Mill Road (State Road 1610) None +302 Crooked Creek At County Line Road (State Road 1803) None +244 Richmond County (Unincorporated Areas). Approximately 700 feet downstream of Scholl Shankle Road (State Road 1805) None +268 Drowning Creek At the Richmond/Scotland/Hoke/Moore County boundaries None +268 Richmond County (Unincorporated Areas). At the Richmond/Montgomery/Moore County boundary None +368 Gum Swamp Creek At Gum Swamp Road (State Road 1609) None +255 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of Marston Road (State Road 1001) None +329 Hitchcock Creek At the confluence with Pee Dee River None +138 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 0.6 mile upstream of the confluence of Indian Camp Lake None +332 Hitchcock Creek: Tributary 1 At the confluence with Hitchcock Creek None +186 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 250 feet downstream of Richmond Road None +235 Tributary 2 At the confluence with Hitchcock Creek None +195 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 30 feet downstream of Richmond Road None +251 Tributary 2A At the confluence with Hitchcock Creek Tributary 2 None +195 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 0.5 mile upstream of the confluence with Hitchcock Creek Tributary 2 None +267 Tributary 2B At the confluence with Hitchcock Creek Tributary 2 None +241 City of Rockingham. Approximately 50 feet downstream of Richmond Road None +249 Tributary 3 At the confluence with Hitchcock Creek None +195 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 1,100 feet upstream of Nicholson Road None +220 Tributary 4 At the confluence with McKinney Lake/Hitchcock Creek None +283 Richmond County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with McKinney Lake/Hitchcock Creek None +290 Indian Camp Lake At the confluence with Hitchcock Creek None +287 Richmond County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Hitchcock Creek None +306 Indian Camp Lake Tributary 1 At the confluence with Indian Camp Lake None +296 Richmond County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Indian Camp Lake None +349 Jennies Branch At the confluence with Hitchcock Creek +155 +159 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 1,300 feet upstream of Patterson Street None +276 Jobs Creek At the confluence with Little Mountain Creek None +375 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of U.S. Highway 220 None +418 Joes Creek Approximately 1,700 feet upstream of the confluence of Joes Creek Tributary None +224 Richmond County (Unincorporated Areas). Approximately 500 feet upstream of Old Laurinburg Road (State Road 1614) None +276 Joes Creek Tributary At County Line Road (State Road 1802) None +261 Richmond County (Unincorporated Areas). Approximately 1.0 mile upstream of County Line Road (State Road 1802) None +282 Kinsman Lake Approximately 1,000 feet upstream of the confluence with South Prong Falling Creek None +260 Richmond County (Unincorporated Areas), City of Hamlet. Approximately 0.6 mile upstream of the confluence with South Prong Falling Creek None +276 Lightwood Knot Creek Approximately 1,800 feet downstream of Ghio Road (State Road 1803) None +246 Richmond County (Unincorporated Areas). Approximately 0.6 mile upstream of Ghio Road (State Road 1803) None +259 Little Hamer Creek At the confluence with Wolf Branch Creek and Unnamed Tributary of Wolf Branch Creek None +237 Richmond County (Unincorporated Areas). At the Richmond/Montgomery County boundary None +241 Little Mountain Creek The confluence with Mountain Creek and Big Mountain Creek None +246 Richmond County (Unincorporated Areas). Approximately 3.6 miles upstream of the confluence of Jobs Creek None +486 Little River At the confluence with Pee Dee River None +200 Richmond County (Unincorporated Areas). Approximately 1,900 feet upstream of the confluence of Cheek Creek None +207 Marks Creek At the North Carolina/South Carolina State boundary None +120 Richmond County (Unincorporated Areas), City of Hamlet. Approximately 2.3 miles upstream of Boyd Lake Road None +340 Marks Creek: Tributary 1 At the confluence with Marks Creek None +193 Richmond County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Marks Creek None +210 Tributary 2 At the confluence with Marks Creek None +212 Richmond County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Marks Creek None +246 Tributary 3 At the confluence with Marks Creek None +217 Richmond County (Unincorporated Areas). Approximately 1.1 miles upstream of the confluence with Marks Creek None +257 Tributary 4 At the confluence with Marks Creek None +221 Richmond County (Unincorporated Areas). Approximately 500 feet upstream of Homeplace Road (State Road 1995) None +247 Tributary 5 At the confluence with Marks Creek None +225 Richmond County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Marks Creek None +262 Tributary 6 At the confluence with Marks Creek None +228 Richmond County (Unincorporated Areas). Approximately 0.4 mile upstream of NC Highway 177 None +244 Tributary 7 At the confluence with Marks Creek None +233 Richmond County (Unincorporated Areas). Approximately 0.4 mile upstream of U.S. Highway 74 None +282 Tributary 8 At the confluence with Marks Creek None +242 Richmond County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Marks Creek None +263 Tributary 9 At the confluence with Marks Creek None +294 Richmond County (Unincorporated Areas), City of Hamlet. Approximately 0.4 mile upstream of Raintree Road None +323 Middle Prong Hamer Creek At the confluence with Little River None +201 Richmond County (Unincorporated Areas). At the Richmond/Montgomery County boundary None +246 Millstone Creek At the confluence with Rocky Fork Creek/Millstone Lake None +311 Richmond County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Rocky Fork Creek/Millstone Lake None +334 Mountain Creek At the confluence with Pee Dee River None +192 Richmond County (Unincorporated Areas). At the confluences of Big Mountain Creek and Little Mountain Creek None +246 Naked Creek (into Drowning Creek) At the confluence with Drowning Creek None +313 Richmond County (Unincorporated Areas). At Research Farm Road (State Road 1527) None +458 Naked Creek (into Pee Dee River) At the confluence with Pee Dee River None +190 Richmond County (Unincorporated Areas). Approximately 1,100 feet upstream of Parson Lake Road (State Road 1145) None +267 North Prong Falling Creek Approximately 1,200 feet upstream of Long Drive None +222 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 1.7 miles upstream of the confluence of North Prong Falling Creek Tributary 1 None +295 North Prong Falling Creek Tributary 1 At the confluence with North Prong Falling Creek None +256 Richmond County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with North Prong Falling Creek None +265 Paradise Creek At the confluence with Rocky Fork Creek None +351 Richmond County (Unincorporated Areas). Approximately 0.4 mile upstream of Fire Tower Road (State Road 1455) None +369 Pee Dee River At the North Carolina/South Carolina State boundary None +110 Richmond County (Unincorporated Areas). At the Montgomery/Richmond County boundary None +220 Rocky Fork Creek At the confluence with Ledbetter Lake None +238 Richmond County (Unincorporated Areas). Approximately 1.3 miles upstream of O.G. Reynolds Road (State Road 1457) None +499 Rocky Branch At the confluence with Hitchcock Creek None +159 Richmond County (Unincorporated Areas), City of Rockingham. Approximately 0.4 mile upstream of Sandhill Road (State Road 1971) None +263 Rocky Fork Creek Tributary 1 At the confluence with Rocky Fork Creek None +262 Richmond County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Rocky Fork Creek None +288 Silver Creek At the confluence with Big Mountain Creek None +373 Richmond County (Unincorporated Areas). Approximately 0.6 mile upstream of County Line Road (State Road 1153) None +397 Solomans Creek At the confluence with Pee Dee River None +132 Richmond County (Unincorporated Areas). Approximately 900 feet upstream of Stokes Road (State Road 1992) None +259 South Prong Cartledge Creek At the confluence with Cartledge Creek None +228 Richmond County (Unincorporated Areas). Approximately 1,600 feet upstream of Sandy Ridge Church Road (State Road 1305) None +302 South Prong Falling Creek At the upstream side of the Richmond College Lake Dam None +263 Richmond County (Unincorporated Areas), City of Hamlet. Approximately 1,200 feet upstream of Wire Grass Road None +297 South Prong Falling Creek Tributary 1 At the confluence with South Prong Falling Creek/Richmond College Lake None +276 Richmond County (Unincorporated Areas), City of Hamlet. Approximately 1,800 feet upstream of the confluence with South Prong Falling Creek/Richmond College Lake None +295 Speeds Creek At the confluence with Solomans Creek None +135 Richmond County (Unincorporated Areas). Approximately 0.8 mile upstream of Sandhill Road (State Road 1971) None +176 Treeces Branch At the confluence with Cartledge Creek None +184 Richmond County (Unincorporated Areas). Approximately 780 feet upstream of Cartledge Creek Road (State Road 1005) None +242 Unnamed Tributary to Wolf Branch Creek At the confluence with Wolf Branch Creek and Little Hamer Creek None +237 Richmond County (Unincorporated Areas). At the Richmond/Montgomery County boundary None +245 Watery Branch At the confluence with Speeds Creek None +145 Richmond County (Unincorporated Areas). Approximately 1,900 feet upstream of the confluence with Speeds Creek None +165 White Creek Tributary Approximately 1,000 feet downstream of Osborne Road (State Road 1803) None +198 Richmond County (Unincorporated Areas). Approximately 0.5 mile upstream of Osborne Road (State Road 1803) None +207 Wolf Branch Creek At the confluence with Middle Prong Hamer Creek None +220 Richmond County (Unincorporated Areas). At the confluence of Little Hamer Creek and Unnamed Tributary of Wolf Branch Creek None +237 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Hamlet Maps are available for inspection at the Hamlet City Hall, 201 Main Street, Hamlet, North Carolina. Send comments to The Honorable Cary Garner, Mayor of the City of Hamlet, P.O. Box 1229, Hamlet, North Carolina 28345. City of Rockingham Maps are available for inspection at the Rockingham City Hall, Planning Department, 514 Rockingham Road, Rockingham, North Carolina. Send comments to The Honorable Eugene B. McLaurin, Mayor of the City of Rockingham, 514 Rockingham Road, Rockingham, North Carolina 28379. Town of Hoffman Maps are available for inspection at the Hoffman Town Hall, 2176 Caddell Road, Hoffman, North Carolina. Send comments to The Honorable Joann Marsh, Mayor of the Town of Hoffman, P.O. Box 40, Hoffman, North Carolina 28347. Richmond County (Unincorporated Areas) Maps are available for inspection at the Richmond County Planning Department, 221 South Hancock Street, Rockingham, North Carolina. Send comments to Mr. Jim Haynes, Richmond County Manager, P.O. Box 504, Rockingham, North Carolina 28380. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 22, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-22524 Filed 1-3-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AU93 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for 11 Species of Picture-wing Flies From the Hawaiian Islands AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period and notice of availability of draft economic analysis. SUMMARY: We, the U.S. Fish and Wildlife Service, announce the reopening of the public comment period on the proposal to designate critical habitat for 11 species of Hawaiian picture-wing flies ( *Drosophila aglaia, D. differens, D. hemipeza, D. heteroneura, D. montgomeryi, D. mulli, D. musaphilia, D. obatai, D. ochrobasis, D. substenoptera,* and *D. tarphytrichia* ) and the availability of the draft economic analysis of the proposed designation of critical habitat for these species. We are reopening the comment period to allow all interested parties to comment simultaneously on the proposed rule and the associated draft economic analysis. We estimate costs related to conservation activities for the proposed designation of critical habitat for the 11 species of Hawaiian picture-wing flies under sections 4, 7, and 10 of the Act to be approximately $933,270 to $6,742,520 over 20 years, or $46,664 to $337,126 annually in undiscounted 2006 dollars. We estimate costs to range from $749,600 to $5,139,460 over 20 years, or $50,385 to $345,454 annually using a three percent discount rate. We estimate costs using a seven percent discount rate to range from $597,940 to $3,794,230 over 20 years, or $56,441 to $358,149 annually. DATES: We will accept public comments until January 19, 2007. ADDRESSES: If you wish to comment on the proposed rule or draft economic analysis, you may submit your comments and materials identified by RIN 1018-AU93, by any of the following methods:
(1)*Mail or hand delivery:* You may submit written comments and information to Patrick Leonard, Field Supervisor, Pacific Islands Fish and Wildlife Office, U.S. Fish and Wildlife Service, 300 Ala Moana Boulevard, Room 3-122, Box 50088, Honolulu, HI 96850.
(2)*Fax:* You may fax your comments to 808/792-9581.
(3)*E-mail:* You may send comments by electronic mail (e-mail) to *fw1pie_pwfchp@fws.gov* . Please see the Public Comments Solicited section below for file format and other information about electronic filing.
(4)*Federal eRulemaking portal: http://www.regulations.gov.* Follow the instructions found there for submitting comments. FOR FURTHER INFORMATION CONTACT: Patrick Leonard, Field Supervisor, Pacific Islands Fish and Wildlife Office, (see ADDRESSES section) (telephone 808/792-9400; fax 808/792-9581). Persons who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 800/877-8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: Public Comments Solicited We are soliciting comments on the proposed critical habitat designation that was published in the **Federal Register** on August 15, 2006 (71 FR 46994) and on our draft economic analysis of the proposed designation. Copies of the proposed rule to designate critical habitat and the draft economic analysis are available on the Internet at *http://www.fws.gov/pacificislands* or from our Pacific Islands Fish and Wildlife Office at the address and contact numbers above. Comments previously submitted need not be resubmitted as they will be incorporated into the public record as part of this comment period, and will be fully considered in preparation of the final rule. We are particularly interested in comments concerning:
(1)The reasons any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq.), including whether it is prudent to designate critical habitat. We have not proposed critical habitat for a twelfth species, D. neoclavisetae, because the physical and biological features essential to its conservation in the Puu Kukui Watershed Management Area are not in need of special management considerations or protection;
(2)Specific data on those specific areas that should be included in the designations that were identified as occupied at the time of listing that contain the features essential for the conservation of the species; and those specific areas that were not occupied by the species at the time it was listed but which have subsequently been identified as occupied and those unoccupied areas that are essential to the conservation of the species and should be included in the designations and why such areas are essential;
(3)Data on land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat;
(4)Data on any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities;
(5)Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments;
(6)Whether the economic analysis adequately addresses the likely effects and resulting costs arising from State laws as a result of the proposed critical habitat designation;
(7)Whether the economic analysis correctly assesses the effect on regional costs associated with land use controls that could arise from the designation of critical habitat for these species;
(8)Whether the designation of critical habitat will result in disproportionate economic or other impacts to specific areas that should be evaluated for possible exclusion from the final designation;
(9)Whether the economic analysis appropriately identifies all costs that could result from the designation of critical habitat for these species;
(10)Whether the benefits of exclusion in any particular area outweighs the benefits of inclusion under section 4(b)(2) of the Act; and
(11)Whether critical habitat should be proposed in the Puu KuKui Watershed and why. Our final designation of critical habitat will take into consideration all comments and any additional information received, including all previous comments and information submitted during the initial comment period. Please include “RIN 1018-AU93” and your name and return address in your e-mail message. If you do not receive a confirmation from the system that we have received your e-mail message, please contact us directly (see ADDRESSES section). Please note that the e-mail address *fw1pie_pwfchp@fws.gov* will be unavailable after the public comment period terminates. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their names and home addresses, etc., but if you wish us to consider withholding this information, you must state this prominently at the beginning of your comments. In addition, you must present rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. Background On August 15, 2006, we published a proposed rule in the **Federal Register** (71 FR 46994) to designate critical habitat for 11 species of Hawaiian picture-wing flies. In accordance with an amended settlement agreement approved by the United States District Court for the District of Hawaii on August 31, 2005 ( *CBD* v. *Allen,* CV-05-274-HA), the Service must submit, for publication in the **Federal Register** , a final critical habitat determination by April 17, 2007. Section 4(b)(2) of the Act requires that we designate or revise critical habitat based upon the best scientific and commercial data available, after taking into consideration the economic or any other relevant impact of specifying any particular area as critical habitat. Based upon the previously published proposal to designate critical habitat for the 11 species of Hawaiian picture-wing flies, we have prepared a draft economic analysis of the proposed critical habitat designation. We have not proposed critical habitat for a twelfth species, *D. neoclavisetae,* because the specific areas and physical and biological features essential to its conservation in the Puu Kukui Watershed Management Area are not in need of special management considerations or protection. The draft economic analysis addresses the impacts of conservation efforts for these 11 species on activities occurring on lands proposed for designation as well as those proposed for exclusion. The analysis measures lost economic efficiency associated with a commercial timber operation, commercial cattle grazing, management of public and private conservation lands, and residential development, and administrative costs related to the consultation process under section 7 of the Act. The draft economic analysis considers the potential economic effects of actions relating to the conservation of the 11 species of Hawaiian picture-wing flies, including costs associated with sections 4, 7, and 10 of the Act, and including those attributable to designating critical habitat. It further considers the economic effects of protective measures taken as a result of other Federal, State, and local laws that aid habitat conservation for these 11 species in the areas proposed as critical habitat. The analysis considers both economic efficiency and distributional effects. In the case of habitat conservation, efficiency effects generally reflect the “opportunity costs” associated with the commitment of resources to comply with habitat protection measures ( *e.g.* , lost economic opportunities associated with restrictions on land use). The study also analyzes whether a particular group or economic sector bears an undue proportion of the impacts, with specific analysis of the impacts to small entities and potential impacts on energy availability. Finally, this analysis estimates economic impacts to activities from 2006 (the year of the final listing for the 11 species) to 2026 (20 years from the year of proposed designation of critical habitat). Forecasts of economic conditions and other factors beyond the next 20 years would be speculative. We solicit data and comments from the public on the draft economic analysis, as well as on all aspects of the proposal to designate critical habitat. We may revise the proposal, or its supporting documents, to incorporate or address new information received during the comment period. In particular, we may exclude an area from the final designation of critical habitat if the Secretary determines that the benefits of excluding the area outweigh the benefits of including the area as critical habitat, provided such exclusion will not result in the extinction of the species. We estimate costs related to conservation activities for the proposed designation of critical habitat for the 11 species of Hawaiian picture-wing flies under sections 4, 7, and 10 of the Act to be approximately $933,270 to $6,742,520 over 20 years, or $46,664 to $337,126 annually in undiscounted 2006 dollars. We estimate costs to range from $749,600 to $5,139,460 over 20 years, or $50,385 to $345,454 annually using a three percent discount rate. We estimate costs using a seven percent discount rate to range from $597,940 to $3,794,230 over 20 years, or $56,441 to $358,149 annually. We estimate costs related to conservation activities for the units proposed for exclusion from the final designation of critical habitat for the 11 species of Hawaiian picture-wing flies under sections 4, 7, and 10 of the Act to be approximately $221,600 to $1,754,590 over 20 years, or $11,080 to $87,730 annually in undiscounted 2006 dollars. We estimate costs to range from $178,270 to $1,324,930 over 20 years, or $11,983 to $89,056 annually using a three percent discount rate. We estimate costs using a seven percent discount rate to range from $142,050 to $966,480 over 20 years, or $13,409 to $91,229 annually. Required Determinations—Amended In our August 15, 2006, proposed rule (71 FR 46994), we indicated that we would be deferring our determination of compliance with several statutes and Executive Orders until the information concerning potential economic impacts of the designation and potential effects on landowners and stakeholders was available in the draft economic analysis. Those data are now available for our use in making these determinations. In this notice we are affirming the information contained in the proposed rule concerning Executive Order 13132 and Executive Order 12988; the Paperwork Reduction Act; the National Environmental Policy Act; and the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments (59 FR 22951). Based on the information made available to us in the draft economic analysis, we are amending our Required Determinations, as provided below, concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Order 13211, Executive Order 12630, and the Unfunded Mandates Reform Act. Regulatory Planning and Review In accordance with Executive Order 12866, this document is a significant rule because it may raise legal and policy issues. On the basis of our draft economic analysis, the designation of critical habitat for these species is not anticipated to have an annual effect on the economy of $100 million or more or affect the economy in a material way. Due to the timeline for publication in the **Federal Register** , the Office of Management and Budget
(OMB)has not formally reviewed the proposed rule. Further, Executive Order 12866 directs Federal Agencies promulgating regulations to evaluate regulatory alternatives (Office of Management and Budget, Circular A-4, September 17, 2003). Pursuant to Circular A-4, once it has been determined that the Federal regulatory action is appropriate, the agency will then need to consider alternative regulatory approaches. Since the determination of critical habitat is a statutory requirement pursuant to the Endangered Species Act of 1973, as amended, we must then evaluate alternative regulatory approaches, where feasible, when promulgating a designation of critical habitat. In developing our proposed designation of critical habitat, we consider economic impacts, impacts to national security, and other relevant impacts under section 4(b)(2) of the Act. Based on the discretion allowable under this provision, we may exclude any particular area from the designation of critical habitat providing that the benefits of such exclusion outweigh the benefits of specifying the area as critical habitat and that such exclusion would not result in the extinction of the species. As such, we believe that the evaluation of the inclusion or exclusion of particular areas, or combination thereof, in a designation constitutes our regulatory alternative analysis. Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) Under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* , as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency must publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities ( *i.e.* , small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. In our proposed rule, we withheld our determination of whether this designation would result in a significant effect as defined under SBREFA until we completed our draft economic analysis of the proposed designation so that we would have the factual basis for our determination. According to the Small Business Administration (SBA), small entities include small organizations, such as independent nonprofit organizations, and small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents, as well as small businesses (13 CFR 121.201). Small businesses include manufacturing and mining concerns with fewer than 500 employees, wholesale trade entities with fewer than 100 employees, retail and service businesses with less than $5 million in annual sales, general and heavy construction businesses with less than $27.5 million in annual business, special trade contractors doing less than $11.5 million in annual business, and agricultural businesses with annual sales less than $750,000. To determine if potential economic impacts to these small entities are significant, we considered the types of activities that might trigger regulatory impacts under this designation as well as types of project modifications that may result. In general, the term significant economic impact is meant to apply to a typical small business firm's business operations. To determine if this proposed designation of critical habitat for the 11 species of Hawaiian picture-wing flies would affect a substantial number of small entities, we evaluated the entities potentially impacted within particular types of economic activities ( *e.g.* , management of public and private conservation lands, residential development, forestry, and agriculture). We considered each industry or category individually to determine the impacts. In estimating the numbers of small entities potentially affected, we also considered whether their activities have any Federal involvement; some kinds of activities are unlikely to have any Federal involvement and so will not be affected by the designation of critical habitat. Designation of critical habitat only affects activities conducted, funded, permitted or authorized by Federal agencies; non-Federal activities are not affected by the designation. If this proposed critical habitat designation is made final, Federal agencies must consult with us if their activities may affect designated critical habitat. Consultations to avoid the destruction or adverse modification of critical habitat would be incorporated into the existing consultation process. Our draft economic analysis of this proposed designation evaluated the potential economic effects on small business entities resulting from conservation actions related to the listing of these 11 species and proposed designation of critical habitat. We determined from our analysis that no small business entities will be affected because none of the potentially impacted entities meet the definition of small business entities. Based on these data, we have determined that this proposed designation would not result in a significant economic impact on a substantial number of small entities. Executive Order 13211—Energy Supply, Distribution, and Use On May 18, 2001, the President issued Executive Order (E.O.) 13211 on regulations that significantly affect energy supply, distribution, and use. E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This proposed rule is considered a significant regulatory action under E.O. 12866 because it raises novel legal and policy issues, but it is not expected to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant action and no Statement of Energy Effects is required. Unfunded Mandates Reform Act (2 U.S.C. 1501 *et seq.* ) In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501), the Service makes the following findings:
(a)This rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute, or regulation that would impose an enforceable duty upon State, local, or tribal governments, or the private sector, and includes both “Federal intergovernmental mandates” and “Federal private sector mandates.” These terms are defined in 2 U.S.C. 658(5)-(7). “Federal intergovernmental mandate” includes a regulation that “would impose an enforceable duty upon State, local, or tribal governments,” with two exceptions. It excludes “a condition of federal assistance.” It also excludes “a duty arising from participation in a voluntary Federal program,” unless the regulation “relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority,” if the provision would “increase the stringency of conditions of assistance” or “place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding” and the State, local, or tribal governments “lack authority” to adjust accordingly. (At the time of enactment, these entitlement programs were: Medicaid; Aid to Families with Dependent Children work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement.) “Federal private sector mandate” includes a regulation that “would impose an enforceable duty upon the private sector, except
(i)a condition of Federal assistance; or
(ii)a duty arising from participation in a voluntary Federal program.” The designation of critical habitat does not impose a legally binding duty on non-Federal government entities or private parties. Under the Act, the only regulatory effect is that Federal agencies must ensure that their actions do not destroy or adversely modify critical habitat under section 7. Non-Federal entities that receive Federal funding, assistance, permits, or otherwise require approval or authorization from a Federal agency for an action, may be indirectly impacted by the designation of critical habitat. However, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Furthermore, to the extent that non-Federal entities are indirectly impacted because they receive Federal assistance or participate in a voluntary Federal aid program, the Unfunded Mandates Reform Act would not apply; nor would critical habitat shift the costs of the large entitlement programs listed above on to State governments.
(b)A small Government Agency Plan is not required because none of the potentially impacted entities is considered to be a “small entity” under the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act. Takings In accordance with Executive Order 12630 (“Government Actions and Interference with Constitutionally Protected Private Property Rights”), we have analyzed the potential takings implications of proposing critical habitat for the 11 species of Hawaiian picture-wing flies. Critical habitat designation does not affect landowner actions that do not require Federal funding or permits, nor does it preclude development of habitat conservation programs or issuance of incidental take permits to permit actions that do require Federal funding or permits to go forward. In conclusion, the designation of critical habitat for the 11 species of Hawaiian picture-wing flies does not pose significant takings implications. Author The author of this document is the staff of the Fish and Wildlife Service. Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 *et seq.* ). Dated: December 21, 2006. David Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E6-22538 Filed 1-3-07; 8:45 am] BILLING CODE 4310-55-P 72 2 Thursday, January 4, 2007 Notices DEPARTMENT OF AGRICULTURE Forest Service Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee AGENCY: Forest Service, USDA. ACTION: Notice of meeting. SUMMARY: The Eastern Washington Cascades Provincial Advisory Committee and the Yakima Provincial Advisory Committee will meet on Friday, January 26, 2007 at the Okanogan and Wenatchee National Forests Headquarters office, 215 Melody Lane, Wenatchee, WA. This meeting will begin at 9:30 a.m. and continue until 3:30 p.m. During this meeting Provincial Advisory Committee members will discuss Roadless Area considerations and potential Wilderness in conjunction with Forest Plan Revision for the Okanogan and Wenatchee National Forests. All Eastern Washington Cascades and Yakima Province Advisory Committee meetings are open to the public. FOR FURTHER INFORMATION CONTACT: Direct questions regarding this meeting to Paul Hart, Designated Federal Official, USDA, Wenatchee National Forest, 215 Melody Lane, Wenatchee, Washington 98801, 509-664-9200. Dated: December 28, 2006. Paul Hart, Designated Federal Official, Okanogan and Wenatchee National Forests. [FR Doc. 06-9964 Filed 1-3-07; 8:45 am]
Connectionstraces to 27
Traces to 27 documents
12 references not yet in our index
  • 40 CFR 35
  • 40 CFR 2
  • Pub. L. 104-4
  • Pub. L. 104-134
  • Pub. L. 105-65
  • 40 CFR 52
  • 44 CFR 67
  • 44 CFR 67.4(a)
  • 44 CFR 60.3
  • 44 CFR 10
  • 5 USC 601-612
  • 50 CFR 17
Citation graph
cites case law
Proposed Rules
Notice of proposed rulemaking
C.F.R.§ 35.160
C.F.R.§ 35.162
C.F.R.§ 35.146
Fed. Reg.Notices
U.S.C.§ 601
Fed. Reg.Notices
Fed. Reg.Proposed Rules
Fed. Reg.Notices
U.S.C.§ 272
Cite40 CFR 35
Cite40 CFR 2
Pub. L.Pub. L. 104-4
Cites 39 · showing 12Cited by 0 across 0 sources
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