Notices. Final rule; correcting amendments

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

BILLING CODE 4410-09-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 160 [USCG-2006-25150; Correction] RIN 1625-ZA08 Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments AGENCY: Coast Guard, DHS. ACTION: Final rule; correcting amendments. SUMMARY: This document contains a correction to the section addressing appeals for orders issued pursuant to the Coast Guard's regulations implementing the Ports and Waterways Safety Act (USCG-2006-25150) published on July 12, 2006, in the **Federal Register** (71 FR 39206).

DATES: This correction is effective April 9, 2007. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2006-25150 and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call Commander Michael Cunningham, Coast Guard, telephone 202-372-1129. If you have questions on viewing the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: Each year Title 33 of the Code of Federal Regulations is updated on July 1. On July 12, 2006, the Coast Guard published a final rule (USCG-2006-25150) to make technical, organizational, conforming amendments and other editorial corrections throughout Title 33.

(71 FR 39206) Due to a drafting error in the July 12th final rule the appeals process in § 160.7 is now deficient. The July 12th final rule ascribes authorities not within the realm of the Area Commander and does not clearly allow for an appeal of Area Commander decisions to Coast Guard Headquarters. This correction document makes corrections to the revisions in § 160.7 found in the July 12th final rule. List of Subjects in 33 CFR Part 160 Administrative practice and procedure, Harbors, Hazardous materials transportation, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways.

Accordingly, 33 CFR part 160 is corrected by making the following correcting amendments: PART 160—PORTS AND WATERWAYS SAFETY—GENERAL 1. The authority citation for part 160 continues to read as follows: Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department of Homeland Security Delegation No. 0170.1. Subpart C is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715. 2. Amend § 160.7 to revise paragraphs

(c)and

(d)to read as follows: § 160.7 Appeals.

(c)Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a District Commander, or who receives an unfavorable ruling on an appeal taken under paragraph

(b)of this section may appeal to the Area Commander through the District Commander. The appeal must be in writing, except as allowed under paragraph

(e)of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the Area Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the Area Commander issues a ruling, in writing, on the appeal. Prior to issuing the ruling, the Area Commander may, as a matter of discretion, allow oral presentation on the issues.

(d)Any person who receives an unfavorable ruling on an appeal taken under paragraph

(c)of this section, may appeal through the Area Commander to the Assistant Commandant for Prevention (formerly known as the Assistant Commandant for Marine Safety, Security and Environmental Protection), U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing, except as allowed under paragraph

(e)of this section. The Area Commander forwards the appeal, all the documents and evidence which formed the record upon which the order or direction was issued or the ruling under paragraph

(c)of this section was made, and any comments which might be relevant, to the Assistant Commandant for Prevention. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials to the Assistant Commandant for Prevention. The decision of the Assistant Commandant for Prevention is based upon the materials submitted, without oral argument or presentation. The decision of the Assistant Commandant for Prevention is issued in writing and constitutes final agency action. Dated: March 27, 2007. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. E7-6099 Filed 4-6-07; 8:45 am] BILLING CODE 4910-15-P GENERAL SERVICES ADMINISTRATION 41 CFR Part 302-17 [FTR Amendment 2007-02; FTR Case 2007-302; Docket 2007-0002, Sequence 2] RIN 3090-AI35 Federal Travel Regulation; Relocation Income Tax

(RIT)Allowance Tax Tables—2007 Update AGENCY: Office of Governmentwide Policy, GSA. ACTION: Final rule. SUMMARY: This rule updates the Federal, State, and Puerto Rico tax tables for calculating the relocation income tax

(RIT)allowance, to reflect changes in Federal, State, and Puerto Rico income tax brackets and rates. The Federal, State, and Puerto Rico tax tables contained in this rule are for use in calculating the 2007 RIT allowance to be paid to relocating Federal employees. DATES: *Effective Date:* This final rule is effective April 9, 2007. *Applicability date:* This final rule provides tax information for filing 2006 Federal and State income taxes. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 4035, GSA Building, Washington, DC 20405, telephone

(202)501-4755, for information pertaining to status or publication schedules. For clarification of content, contact Ed Davis, Office of Governmentwide Policy, Travel Management Policy (MTT), Washington, DC 20405, telephone

(202)208-7638. Please cite FTR Amendment 2007-02, FTR case 2007-302. SUPPLEMENTARY INFORMATION: A. Background Section 5724b of Title 5, United States Code, provides for reimbursement of substantially all Federal, State, and local income taxes incurred by a transferred Federal employee on taxable moving expense reimbursements. Policies and procedures for the calculation and payment of the RIT allowance are contained in the Federal Travel Regulation (41 CFR part 302-17). GSA updates Federal, State, and Puerto Rico tax tables for calculating RIT allowance payments yearly to reflect changes in Federal, State, and Puerto Rico income tax brackets and rates. This amendment also provides a tax table necessary to compute the RIT allowance for employees who received reimbursement for relocation expenses in 2006. B. Executive Order 12866 This regulation is excepted from the definition of “regulation” or “rule” under Section 3(d)(3) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993 and, therefore, was not subject to review under Section 6(b) of that Executive Order. C. Regulatory Flexibility Act This final rule is not required to be published in the **Federal Register** for notice and comment as per the exemption specified in 5 U.S.C. 553(a)(2); therefore, the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , does not apply. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because this final rule does not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501 *et seq.* E. Small Business Regulatory Enforcement Fairness Act This final rule is also exempt from Congressional review prescribed under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Part 302-17 Government employees, Income taxes, Relocation allowances and entitlements, Transfers, Travel and transportation expenses. Dated: March 23, 2007. Lurita Doan, Administrator of General Services. For the reasons set forth in the preamble, under 5 U.S.C. 5738, GSA amends 41 CFR part 302-17 as set forth below: PART 302-17—RELOCATION INCOME TAX

(RIT)ALLOWANCE 1. The authority citation for 41 CFR part 302-17 continues to read as follows: Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 13747, 3 CFR, 1971-1975 Comp., p. 586. 2. Revise Appendices A, B, C, and D to part 302-17 to read as follows: Appendix A to Part 302-17—Federal Tax Tables for RIT Allowance Federal Marginal Tax Rates by Earned Income Level and Filing Status—Tax Year 2006 [Use the following table to compute the RIT allowance for Federal taxes, as prescribed in § 302-17.8(e)(1), on Year 1 marginal taxable reimbursements received during calendar year 2006] Marginal tax rate Percent Single taxpayer Over But not over Head of household Over But not over Married filing jointly/qualifying widows & widowers Over But not over Married filing separately Over But not over 10 $8,739 $16,560 $16,538 $27,374 $24,163 $38,534 $12,036 $19,194 15 16,560 41,041 27,374 59,526 38,534 86,182 19,194 43,330 25 41,041 88,541 59,526 128,605 86,182 154,786 43,330 79,441 28 88,541 175,222 128,605 203,511 154,786 224,818 79,441 114,716 33 175,222 360,212 203,511 375,305 224,818 374,173 114,716 188,184 35 360,212 375,305 374,173 188,184 Appendix B to Part 302-17—State Tax Tables for RIT Allowance State Marginal Tax Rates by Earned Income Level—Tax Year 2006 [Use the following table to compute the RIT allowance for State taxes, as prescribed in § 302-17.8(e)(2), on taxable reimbursements received during calendar year 2006. The rates on the first line for each State are for employees who are married and file jointly; if there is a second line for a State, it displays the rates for employees who file as single. For more additional information, such as State rates for other filing statuses, please see the 2007 State Tax Handbook, pp. 255-270, available from CCH Inc., *http://tax.cchgroup.com/Books/default.* ] Marginal tax rates ( *stated in percents* ) for the earned income amounts specified in each column. 1 2 3 State (or District) $20,000-$24,999 $25,000-$49,999 $50,000-$74,999 $75,000 & over 4 Alabama 5.00 5.00 5.00 5.00 Alaska 0.00 0.00 0.00 0.00 Arizona 3.04 3.04 3.55 3.55 If single status, married filing separately 5 3.04 3.55 4.48 4.48 Arkansas 6.00 7.00 7.00 7.00 California 2.00 6.00 9.30 9.30 If single status, married filing separately 5 6.00 8.00 9.30 9.30 Colorado 4.63 4.63 4.63 4.63 Connecticut 5.00 5.00 5.00 5.00 Delaware 5.20 5.55 5.95 5.95 District of Columbia 7.00 7.00 8.70 8.70 Florida 0.00 0.00 0.00 0.00 Georgia 6.00 6.00 6.00 6.00 Hawaii 6.40 7.60 7.90 8.25 If single status, married filing separately 5 7.60 7.90 8.25 8.25 Idaho 7.40 7.80 7.80 7.80 If single status, married filing separately 5 7.80 7.80 7.80 7.80 Illinois 3.00 3.00 3.00 3.00 Indiana 3.40 3.40 3.40 3.40 Iowa 6.48 7.92 8.98 8.98 Kansas 6.25 6.45 6.45 6.45 Kentucky 5.80 5.80 5.80 6.00 Louisiana 2.00 4.00 6.00 6.00 If single status, married filing separately 5 4.00 6.00 6.00 6.00 Maine 7.00 8.50 8.50 8.50 If single status, married filing separately 5 8.50 8.50 8.50 8.50 Maryland 4.75 4.75 4.75 4.75 Massachusetts 5.30 5.30 5.30 5.30 Michigan 3.90 3.90 3.90 3.90 Minnesota 5.35 7.05 7.05 7.05 If single status, married filing separately 5 7.05 7.05 7.85 7.85 Mississippi 5.00 5.00 5.00 5.00 Missouri 6.00 6.00 6.00 6.00 Montana 6.90 6.90 6.90 6.90 Nebraska 3.57 6.84 6.84 6.84 If single status, married filing separately 5 5.12 6.84 6.84 6.84 Nevada 0.00 0.00 0.00 0.00 New Hampshire 0.00 0.00 0.00 0.00 New Jersey 1.75 1.75 3.50 5.525 If single status, married filing separately 5 1.75 5.525 5.525 6.370 New Mexico 5.30 5.30 5.30 5.30 New York 5.25 6.85 6.85 6.85 If single status, married filing separately 5 6.85 6.85 6.85 6.85 North Carolina 7.00 7.00 7.00 7.00 If single status, married filing separately 5 7.00 7.00 7.75 7.75 North Dakota 2.10 2.10 3.92 3.92 If single status, married filing separately 5 2.10 3.92 4.34 4.34 Ohio 4.083 4.083 4.764 5.444 Oklahoma 6.25 6.25 6.25 6.25 Oregon 9.00 9.00 9.00 9.00 Pennsylvania 3.07 3.07 3.07 3.07 Rhode Island 6 3.75 7.00 7.00 7.00 If single status, married filing separately 5 3.75 7.00 7.00 7.75 South Carolina 7.00 7.00 7.00 7.00 South Dakota 0.00 0.00 0.00 0.00 Tennessee 0.00 0.00 0.00 0.00 Texas 0.00 0.00 0.00 0.00 Utah 6.98 6.98 6.98 6.98 Vermont 3.60 3.60 7.20 7.20 If single status, married filing separately 5 3.60 7.20 8.50 8.50 Virginia 5.75 5.75 5.75 5.75 Washington 0.00 0.00 0.00 0.00 West Virginia 4.00 6.00 6.50 6.50 Wisconsin 6.50 6.50 6.50 6.50 Wyoming 0.00 0.00 0.00 0.00 [The above table/column headings established by IRS.] 1 Earned income amounts that fall between the income brackets shown in this table ( *e.g.* , $24,999.45, $49,999.75) should be rounded to the nearest dollar to determine the marginal tax rate to be used in calculating the RIT allowance. 2 If the earned income amount is less than the lowest income bracket shown in this table, the employing agency shall establish an appropriate marginal tax rate as provided in § 302-17.8(e)(2)(ii). 3 If two or more marginal tax rates of a State overlap an income bracket shown in this table, then the highest of the two or more State marginal tax rates is shown for that entire income bracket. For more specific information, see the 2007 State Tax Handbook, pp. 255-270, CCH, Inc., *http://tax.cchgroup.com/Books/default.* 4 This is an estimate. For earnings over $100,000, and for filing statuses other than those above, please consult actual tax tables. See 2007 State Tax Handbook, pp. 255-270, CCH, Inc., *http://tax.cchgroup.com/Books/default.* 5 This rate applies only to those individuals certifying that they will file under a single or married filing separately status within the states where they will pay income taxes. 6 The income tax rate for Rhode Island is 25 percent of Federal income tax rates, including capital gains rates and any another other special rates for other types of income. Rates shown as a percent of Federal income tax liability must be converted to a percent of income as provided in § 302-17.8(e)(2)(iii). Effective for the 2006 tax year, tax payers may elect to compute income tax liability based on a graduated rate schedule or an alternative flat tax equal to 8%. Appendix C to Part 302-17—Federal Tax Tables for RIT Allowance—Year 2 Estimated Ranges of Wage and Salary Income Corresponding to Federal Statutory Marginal Income Tax Rates by Filing Status In 2007 [The following table is to be used to determine the Federal marginal tax rate for Year 2 for computation of the RIT allowance as prescribed in § 302-17.8(e)(1). This table is to be used for employees whose Year 1 occurred during calendar years 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, or 2006] Marginal tax rate Percent Single taxpayer Over But not over Head of household Over But not over Married filing jointly/qualifying widows & widowers Over But not over Married filing separately Over But not over 10 $9,287 $17,545 $18,060 $29,399 $26,173 $41,393 $14,049 $21,441 15 17,545 43,394 29,399 62,576 41,393 91,201 21,441 45,388 25 43,394 93,101 62,576 138,856 91,201 162,117 45,388 81,616 28 93,101 183,867 138,856 216,022 162,117 233,656 81,616 119,660 33 183,867 376,616 216,022 389,045 233,656 387,765 119,660 197,483 35 376,616 389,045 387,765 197,483 Appendix D to Part 302-17—Puerto Rico Tax Tables for RIT Allowance Puerto Rico Marginal Tax Rates by Earned Income Level—Tax Year 2006 [Use the following table to compute the RIT allowance for Puerto Rico taxes, as prescribed in § 302-17.8(e)(4)(i), on taxable reimbursements received during calendar year 2006.] Marginal tax rate For married person living with spouse and filing jointly, married person not living with spouse, single person, or head of household Over But not over For married person living with spouse and filing separately Over But not over 10 $2,000 $17,000 $1,000 $8,500 15 17,000 30,000 8,500 15,000 28 30,000 50,000 15,000 25,000 33 50,000 25,000 Source: *Individual Income Tax Return 2006—Long Form;* Commonwealth of Puerto Rico, Department of the Treasury, P.O. Box 9022501, San Juan, PR 00902-2501; *http://www.hacienda.gobierno.pr/planillas_y_formularios/formularios.html.* [FR Doc. E7-6729 Filed 4-6-07; 8:45 am] BILLING CODE 6820-14-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

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

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

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

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

(NGVD)+Elevation in feet

(NAVD)Modified City of New York, New York Docket No.: FEMA-D-7678 New York New York

(City)Amboy Road Wetland (Staten Island) Entire shoreline within the community * 50 Arbutus Creek (Staten Island) Approximately 530 feet upstream of Hylan Boulevard * 16 Approximately 980 feet upstream of Amboy Road * 57 Blue Heron Main Branch (Staten Island) Approximately 100 feet upstream of Hylan Boulevard * 17 Approximately 1,700 feet upstream of Tallman Street * 70 Blue Heron Tributary (Staten Island) At the confluence with Blue Heron Main Branch * 36 Approximately 35 feet upstream of Holbridge Avenue * 70 Bronx River (Bronx) Approximately 600 feet upstream of Tremont Street * 15 Approximately 1,650 feet upstream of East 24th Street * 74 Butler Manor (Staten Island) Approximately 75 feet upstream of the confluence with Raritan Bay * 10 Approximately 0.6 mile upstream of the confluence with Raritan Bay * 33 Cleveland Avenue Wetland (Staten Island) Entire shoreline within the community * 58 Colon Tributary (Staten Island) At the confluence with Sweet Brook * 15 Approximately 145 feet upstream of Pemberton Avenue * 41 D Street Brook (Staten Island) At D Street * 97 Approximately 1,530 feet upstream of D Street * 155 Denise Tributary (Staten Island) Approximately 260 feet upstream of the confluence of Arbutus Creek * 18 Approximately 1,205 feet upstream of Jansen Street * 49 Eibs Pond (Staten Island) Entire shoreline within the community * 87 Eltingville Tributary (Staten Island) At the confluence with Sweet Brook * 38 Approximately 406 feet upstream of Katan Avenue * 45 Foresthill Road Brook (Staten Island) Approximately 1,450 feet downstream of Foresthill Road * 5 Approximately 3,070 feet upstream of Alaska Place * 74 Hillside Avenue Wetland (Staten Island) Entire shoreline within the community * 56 Jacks Pond (Staten Island) Entire shoreline within the community * 52 Jansen Tributary (Staten Island) Approximately 330 feet upstream of confluence with Arbutus Creek * 25 Approximately 1,340 feet upstream of confluence with Arbutus Creek * 41 Lemon Creek (Staten Island) Approximately 40 feet upstream of Staten Island Rapid Transit Bridge * 17 Approximately 350 feet upstream of Rossville Avenue * 101 Mill Creek (Staten Island) Approximately 80 feet downstream of Richmond Valley Road * 11 Approximately 1,320 feet upstream of West Veterans Road * 77 Mill Creek Tributary 1 (Staten Island) At the confluence with Mill Creek * 41 Approximately 230 feet from the downstream side of the West Shore Expressway * 60 Mill Creek Tributary 2 (Staten Island) At the confluence with Mill Creek * 10 At the confluence of Mill Creek Tributary 3 * 13 Mill Creek Tributary 3 (Staten Island) At the confluence with Mill Creek Tributary 2 * 13 Approximately 860 feet upstream of confluence with Mill Creek Tributary 2 * 22 Richmond Creek (Staten Island) Approximately 510 feet downstream of Richmond Hill Road * 6 Approximately 0.86 mile upstream of Rockland Avenue * 254 Sandy Brook (Staten Island) Approximately 190 feet upstream of Richmond Parkway (Drumgoole Avenue) * 39 Approximately 1,100 feet upstream of Bloomingdale Road * 84 Stump Pond (Staten Island) Entire shoreline within the community * 271 Sweet Brook (Staten Island) Approximately 3,200 feet downstream of Genesee Avenue * 12 Approximately 1,050 feet upstream of Richmond Avenue/Drumgoogle Avenue * 99 Wolfes Pond (Staten Island) Approximately 1,175 feet upstream of Seguine Avenue * 10 Approximately 175 feet upstream of Hylan Boulevard * 21 Wood Duck Pond (Staten Island) Entire shoreline within the community * 54 # Depth in feet above ground. * National Geodetic Vertical Datum. +North American Vertical Datum. ADDRESSES Maps are available for inspection at the New York City Planning Department, Waterfront and Open Space Division, 22 Reade Street, Room 6E, New York, New York. Flooding source(s) Location of referenced elevation * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground Modified Communities affected Burke County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7676 and FEMA-D-7680 Back Creek At the confluence with Irish Creek +1,116 Burke County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Irish Creek +1,135 Bailey Fork Approximately 0.8 mile upstream of I-40 +1,036 Burke County (Unincorporated Areas), City of Morganton. Approximately 100 feet downstream of U.S. 64 +1,047 Bristol Creek At the confluence with Lower Creek +1,019 Burke County (Unincorporated Areas). Approximately 200 feet downstream of Burke/Caldwell County boundary +1,144 Tributary 1 At the confluence with Bristol Creek +1,019 Burke County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Bristol Creek +1,019 Camp Creek At Burke/Catawba County boundary +1,020 Burke County (Unincorporated Areas). Approximately 800 feet upstream of Burke/Catawba County boundary +1,023 Canoe Creek At the confluence with Catawba River +1,024 Burke County (Unincorporated Areas), City of Morganton. Approximately 0.4 mile upstream of SR 1254 +1,289 Carroll Creek At the confluence with Parks Creek +1,047 Burke County (Unincorporated Areas). Approximately 1,700 feet upstream of the confluence with Parks Creek +1,055 Catawba River At the Burke/Catawba County boundary +936 Burke County (Unincorporated Areas), City of Hickory, City of Morganton, Town of Glen Alpine, Town of Rhodhiss, Town of Rutherford College, Town of Valdese. Approximately 2.7 miles upstream of Burke/McDowell County boundary +1,206 Tributary 1 At the confluence with Catawba River +1,069 Burke County (Unincorporated Areas). Approximately 0.5 mile upstream of SR 1223 +1,094 Tributary 2 At the confluence with Catawba River +1,206 Burke County (Unincorporated Areas). Approximately 2.8 miles upstream of the confluence with Catawba River +1,236 Clear Creek Approximately 100 feet upstream of the confluence with Silver Creek +1,046 Burke County (Unincorporated Areas). Approximately 400 feet upstream of U.S. 64 +1,111 Cub Creek At the confluence with Henry Fork +996 Burke County (Unincorporated Areas). Approximately 1.0 mile upstream of SR 1001 +1,230 Double Branch At the confluence with McGalliard Creek +1,097 Burke County (Unincorporated Areas), Town of Valdese. Approximately 1,100 feet upstream of SR 1737 +1,231 Tributary 1 At the confluence with Double Branch +1,110 Burke County (Unincorporated Areas). Approximately 2,000 feet upstream of SR 1722 +1,197 Douglas Creek Approximately 100 feet downstream of Burke/Catawba County boundary +1,046 Burke County (Unincorporated Areas). Approximately 1,400 feet upstream of Burke/Catawba County boundary +1,064 Drowning Creek At the confluence with Catawba River +938 Burke County (Unincorporated Areas). Approximately 1.7 miles upstream of SR 1758 +1,527 Tributary 1 Approximately 800 feet upstream of Wilson Road +1,025 Town of Hildebran. Approximately 1,750 feet upstream of Cline Park Drive +1,103 Tributary 2 Approximately 0.4 mile downstream of SR 1680 +1,045 Burke County (Unincorporated Areas). Approximately 200 feet downstream of Railroad +1,079 Tributary 2B At the confluence with Drowning Creek Tributary 2 +1,046 Burke County (Unincorporated Areas). Approximately 150 feet downstream of Railroad +1,077 Dye Branch At the confluence with McGalliard Creek +1,078 Burke County (Unincorporated Areas), Town of Valdese. Approximately 655 feet upstream of Praley Street +1,193 Hall Creek At the confluence with Silver Creek +1,119 Burke County (Unincorporated Areas). Approximately 2,000 feet upstream of U.S. 64 +1,203 Henry Fork Approximately 200 feet downstream of the Burke/Catawba County boundary +930 Burke County (Unincorporated Areas). Approximately 0.9 mile upstream of SR 1918 +1,422 Howard Creek At the confluence with Catawba River +1,005 Burke County (Unincorporated Areas), Town of Drexel. Approximately 750 feet downstream of SR 1536 +1,009 Tributary 1 Approximately 200 feet upstream of the confluence with Howard Creek +1,085 Burke County (Unincorporated Areas), Town of Drexel. Approximately 700 feet upstream of Railroad +1,192 Hoyle Creek At the confluence with Catawba River +1,005 Burke County (Unincorporated Areas), Town of Rutherford College, Town of Valdese. Approximately 1,600 feet upstream of the confluence of Micol Creek +1,081 Tributary 1 At the confluence with Hoyle Creek +1,005 Burke County (Unincorporated Areas), Town of Rutherford College, Town of Valdese. Approximately 0.9 mile upstream of the confluence with Hoyle Creek +1,164 Tributary 2 At the confluence with Hoyle Creek +1,005 Burke County (Unincorporated Areas), Town of Rutherford College, Town of Valdese. Approximately 0.7 mile upstream of the confluence with Hoyle Creek +1,106 Hunting Creek At the confluence with Catawba River +1,014 Burke County (Unincorporated Areas), City of Morganton. Approximately 1,050 feet upstream of SR 2002 +1,149 Tributary 2 Approximately 650 feet upstream of the confluence with Hunting Creek +1,080 Burke County (Unincorporated Areas), City of Morganton. Approximately 0.7 mile upstream of Walker Road +1,151 Tributary 3 At the confluence with Hunting Creek +1,105 Burke County (Unincorporated Areas), City of Morganton. Approximately 0.4 mile upstream of the confluence with Hunting Creek +1,115 Irish Creek At the confluence with Warrior Fork and Upper Creek +1,030 Burke County (Unincorporated Areas). Approximately 900 feet upstream of the confluence of Reedys Fork Creek +1,146 Tributary 1 At the confluence with Irish Creek +1,108 Burke County (Unincorporated Areas). Approximately 50 feet downstream of SR 1240 +1,127 Island Creek Approximately 1.0 mile upstream of the confluence with Catawba River +1,005 Burke County (Unincorporated Areas), Town of Connelly Springs, Town of Rutherford College. Approximately 0.9 mile upstream of I-40 +1,331 Jacob Fork At Burke/Catawba County boundary +1,047 Burke County (Unincorporated Areas). Approximately 400 feet upstream of SR 1904 +1,194 Johns River At the confluence with Catawba River +1,013 Burke County (Unincorporated Areas), City of Morganton. At Burke/Caldwell County boundary +1,053 Laurel Creek At the confluence with Henry Fork +1,015 Burke County (Unincorporated Areas). Approximately 1.2 miles upstream of Shouppe Way +1,302 Linville River At the confluence with Catawba River +1,206 Burke County (Unincorporated Areas). At Avery/Burke County boundary +3,215 Little Silver Creek Approximately 0.6 mile upstream of Causby Road (SR 1147) +1,115 Burke County (Unincorporated Areas), City of Morganton, Town of Glen Alpine. Approximately 1.1 miles upstream of Ceramic Tile Drive +1,226 Lower Creek At the confluence with Catawba River +1,011 Burke County (Unincorporated Areas). At Burke/Caldwell County boundary +1,028 McGalliard Creek At the confluence with Catawba River +1,005 Burke County (Unincorporated Areas), Town of Valdese. Approximately 450 feet upstream of SR 1722 +1,212 Tributary 1 Approximately 300 feet upstream of the confluence with McGalliard Creek +1,062 Burke County (Unincorporated Areas), Town of Valdese. Approximately 1,900 feet upstream of Louise Avenue Northeast +1,232 Tributary 2 Approximately 100 feet upstream of the confluence with McGalliard Creek +1,089 Burke County (Unincorporated Areas), Town of Drexel. Approximately 650 feet downstream of I-40 +1,250 Tributary 2A At the confluence with McGalliard Creek Tributary 2 +1,110 Burke County (Unincorporated Areas), Town of Drexel. Approximately 800 feet upstream of Drexel. Road +1,164 Tributary 2B At the confluence with McGalliard Creek Tributary 2 +1,149 Burke County (Unincorporated Areas), Town of Drexel. Approximately 200 feet downstream of SR 1721 +1,205 Micol Creek At the confluence with Hoyle Creek +1,068 Burke County (Unincorporated Areas), Town of Valdese. Approximately 300 feet downstream of I-40 +1,252 Tributary 1 At the confluence with Micol Creek +1,117 Burke County (Unincorporated Areas), Town of Rutherford College, Town of Valdese. Approximately 0.5 mile upstream of Montanya View Drive +1,526 Tributary 1A At the confluence with Micol Creek Tributary 1A +1,165 Burke County (Unincorporated Areas), Town of Rutherford College, Town of Valdese. Approximately 100 feet downstream of SR 1001 +1,229 Tributary 1A1 At the confluence with Micol Creek Tributary 1A +1,169 Burke County (Unincorporated Areas), Town of Rutherford College. Approximately 1,800 feet upstream of Rutherford College Road +1,229 Muddy Creek At the confluence with Old Catawba River +1,083 Burke County (Unincorporated Areas). Approximately 0.4 mile upstream of Burke/McDowell County boundary +1,089 Nolden Creek Approximately 1.0 mile upstream of the confluence with Catawba River +1,004 Burke County (Unincorporated Areas), Town of Connelly Springs. Approximately 0.9 mile upstream of SR 1614 +1,201 Old Catawba River At the confluence with Catawba River +1,066 Burke County (Unincorporated Areas). At Catawba Dam +1,098 Paddy Creek At the confluence with Catawba River +1,206 Burke County (Unincorporated Areas). Approximately 2.9 miles upstream of SR 1237 +1,815 Parks Creek At the confluence with Johns River +1,044 Burke County (Unincorporated Areas). Approximately 100 feet downstream of SR 1405 +1,050 Pearcy Creek At the confluence with Parks Creek +1,046 Burke County (Unincorporated Areas). Approximately 1.1 miles upstream of SR 1405 +1,154 Tributary 1 At the confluence with Pearcy Creek +1,077 Burke County (Unincorporated Areas). Approximately 50 feet downstream of SR 1405 +1,116 Reedys Fork Creek At the confluence with Irish Creek +1,141 Burke County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Irish Creek +1,159 Roses Creek At the confluence with Irish Creek +1,057 Burke County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Roses Creek Tributary 1 +1,345 Tributary 1 At the confluence with Roses Creek +1,297 Burke County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Roses Creek +1,382 Russell Creek At the confluence with Irish Creek +1,115 Burke County (Unincorporated Areas). Approximately 1,550 feet upstream of SR 1241 +1,209 Sandy Run Approximately 1.7 miles upstream of the confluence with Hunting Creek +1,113 Burke County (Unincorporated Areas). Approximately 2.4 miles upstream of the confluence with Hunting Creek +1,156 Secrets Creek Approximately 150 feet upstream of the confluence with Howard Creek +1,011 Burke County (Unincorporated Areas), Town of Drexel. Approximately 0.7 mile upstream of South Main Street +1,213 Silver Creek At the confluence with Catawba River +1,023 Burke County (Unincorporated Areas), City of Morganton. Approximately 1,900 feet upstream of U.S. 64 +1,226 Tributary 1 At the confluence with Silver Creek +1,023 City of Morganton. Approximately 1,050 feet upstream of Golf Course Road +1,025 Simpson Creek At the confluence with Roses Creek +1,089 Burke County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Roses Creek +1,185 Smokey Creek At the confluence with Catawba River +1,006 Burke County (Unincorporated Areas). At Burke/Caldwell County boundary +1,100 Tributary 1 At the confluence with Smokey Creek +1,043 Burke County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Smokey Creek +1,079 South Muddy Creek Approximately 1,200 feet downstream of Burke/McDowell County boundary +1,092 Burke County (Unincorporated Areas). At Burke/McDowell County boundary +1,098 Tributary 1 At Burke/McDowell County boundary +1,121 Burke County (Unincorporated Areas). Approximately 1,000 feet upstream of Burke/McDowell County boundary +1,144 Tims Creek At the confluence with Henry Fork +977 Burke County (Unincorporated Areas). Approximately 1.6 miles upstream of SR 1786 +1,234 Upper Creek At the confluence with Warrior Fork and Irish Creek +1,030 Burke County (Unincorporated Areas). Approximately 0.5 mile upstream of SR 1405 +1,093 Warrior Fork At the confluence with Catawba River +1,018 Burke County (Unincorporated Areas), City of Morganton. At the confluence of Upper Creek and Irish Creek +1,030 Wilson Creek At the confluence with Warrior Fork +1,018 Burke County (Unincorporated Areas), City of Morganton. Approximately 0.7 mile upstream of the confluence with Warrior Fork +1,018 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Hickory Maps are available for inspection at the Hickory City Hall, 76 North Center Street, Hickory, North Carolina. City of Morganton Maps are available for inspection at the Morganton. Town Hall, Community Development Department, 305 East Union Street, Morganton, North Carolina. Town of Connelly Springs Maps are available for inspection at the Connelly Springs Town Hall, 1030 U.S. Highway 70, Connelly Springs, North Carolina. Town of Drexel Maps are available for inspection at the Drexel Town Hall, 202 Church Street, Drexel, North Carolina. Town of Glen Alpine Maps are available for inspection at the Glen Alpine Town Hall, 103 Pitts Street, Glen Alpine, North Carolina. Town of Hildebran Maps are available for inspection at the Hildebran Town Hall, 202 South Center Street, Hildebran, North Carolina. Town of Rhodhiss Maps are available for inspection at the Rhodhiss Town Hall, 200 Burke Street, Rhodhiss, North Carolina. Town of Rutherford College Maps are available for inspection at the Rutherford College Town Hall, 950 Malcolm Boulevard, Rutherford College, North Carolina. Town of Valdese Maps are available for inspection at the Valdese Town Hall, 121 Faet Street, Valdese, North Carolina. Unincorporated Areas of Burke County Maps are available for inspection at the Burke County Planning and Development Department, 110 North Green Street, Morganton, North Carolina. Catawba County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7668 and FEMA-D-7680 Bakers Creek Tributary Approximately 400 feet upstream of the confluence with Bakers Creek +891 Catawba County (Unincorporated Areas). Approximately 1.4 miles upstream of Swinging Bridge Road +980 Tributary 1 Approximately 300 feet upstream of the confluence with Bakers Creek +891 Catawba County (Unincorporated Areas). Approximately 0.7 mile upstream of Stratford Drive +1,040 Balls Creek Approximately 600 feet downstream of Kale Road (State Route 1832) +762 Catawba County (Unincorporated Areas). Approximately 970 feet upstream of Little Mountain Road +1,034 Barger Branch At the confluence with Henry Fork +861 Catawba County (Unincorporated Areas), City of Hickory, Town of Brookford. Approximately 200 feet upstream of 8th Avenue Southeast +1,064 Tributary 1 At the confluence with Barger Branch +987 City of Hickory. Approximately 800 feet upstream of 8th Avenue Southeast +1,083 Tributary 2 At the confluence with Barger Branch Tributary 1 +991 City of Hickory. Approximately 1,040 feet upstream of the confluence with Barger Branch Tributary 1 +1,033 Tributary 3 At the confluence with Barger Branch +1,005 City of Hickory. Approximately 130 feet upstream of 8th Avenue Southeast +1,082 Betts Branch At the confluence with Clarks Creek +812 Catawba County (Unincorporated Areas). Approximately 1,900 feet upstream of the confluence with Clarks Creek +812 Bills Branch At the confluence with Clarks Creek +813 Catawba County (Unincorporated Areas), City of Newton. Approximately 0.5 mile upstream of U.S. 321 South +844 Camp Creek Approximately 0.5 mile upstream of the confluence with Jacob Fork +915 Catawba County (Unincorporated Areas). At the Burke/Catawba County boundary +1,020 Catawba River Approximately 0.4 mile above the confluence of Balls Creek +762 Catawba County (Unincorporated Areas), City of Hickory. At the Burke/Caldwell/Catawba County boundary +936 Tributary 1 At the confluence with the Catawba River +936 Catawba County (Unincorporated Areas), City of Hickory. Approximately 1,100 feet upstream of 31st Avenue Northwest +1,026 Clarks Creek Approximately 850 feet downstream of U.S. 321 +790 Catawba County (Unincorporated Areas), City of Hickory, City of Newton, Town of Maiden. Approximately 2.5 miles upstream of I-40 +1,049 Cline Creek At the confluence with Clarks Creek +864 Catawba County (Unincorporated Areas), City of Conover, City of Newton. Approximately 150 feet downstream of I-40 +908 Cline Creek North At the confluence with Lyle Creek +869 Catawba County (Unincorporated Areas). Approximately 2.0 miles upstream of the confluence with Cline Creek North Tributary 1 +1,047 Tributary 1 At the confluence with Cline Creek North +896 Catawba County (Unincorporated Areas). Approximately 0.5 mile upstream of Rifle Range Road +1,105 Cline Creek Tributary 1 At the confluence with Cline Creek +886 City of Conover. Approximately 450 feet upstream of I-40 +903 Tributary 2 At the confluence with Cline Creek +898 City of Conover, Catawba County (Unincorporated Areas). Approximately 1,300 feet upstream of I-40 +911 Conover Creek At the confluence with Lyle Creek +868 Catawba County (Unincorporated Areas), City of Conover. Approximately 30 feet upstream of 5th Street Place Northeast +953 Cow Branch At the confluence with Pott Creek +861 Catawba County (Unincorporated Areas). Approximately 0.8 mile upstream of Grace Church Road (State Route 2030) +910 Cripple Creek At the confluence with Frye Creek and Horseford Creek +995 City of Hickory. Approximately 1,070 feet upstream of 4th Street Drive Northwest +1,067 Tributary 1 At the confluence with Cripple Creek +1,029 City of Hickory. Approximately 1,900 feet upstream of the confluence with Cripple Creek +1,055 Douglas Creek At the confluence with Jacob Fork +1,011 Catawba County (Unincorporated Areas). Approximately 200 feet upstream of the Burke/Catawba County boundary +1,048 Falling Creek At the confluence with Lake Hickory +936 Catawba County (Unincorporated Areas), City of Hickory. Approximately 50 feet downstream of 14th Avenue Northeast +1,093 Dellinger Creek At the confluence with Elk Shoal Creek +851 Catawba County (Unincorporated Areas). Approximately 725 feet upstream of Rest Home Road +960 East Tributary McLin Creek At the confluence with McLin Creek +943 Catawba County (Unincorporated Areas), City of Conover. Approximately 1,000 feet upstream of Keisler Road Southeast +982 Falling Creek Tributary 1 Approximately 400 feet upstream of the confluence with Falling Creek +1,015 City of Hickory. Approximately 275 feet upstream of 12th Avenue Northeast +1,088 Tributary 2 At the confluence with Falling Creek +1,052 City of Hickory. Approximately 380 feet upstream of 12th Avenue Northeast +1,095 Fitz Creek At the confluence with Cripple Creek +1,013 City of Hickory. Approximately 30 feet upstream of the confluence with Cripple Creek +1,013 Frye Creek At the confluence with Horseford Creek and Cripple Creek +995 City of Hickory, Town of Long View. Approximately 50 feet downstream of 34th Street Northwest +1,119 Geitner Branch At the confluence with Henry Fork +890 City of Hickory, Catawba County (Unincorporated Areas). Approximately 1,900 feet upstream of 7th Avenue Southwest +1,080 Tributary 1 At the confluence with Geitner Branch +1,019 City of Hickory. Approximately 1,250 feet upstream of the confluence with Geitner Branch +1,043 Elk Shoal Creek Approximately 2,750 feet upstream of the confluence with Catawba River +849 Catawba County (Unincorporated Areas). Approximately 2,000 feet upstream of Rest Home Road +943 Geitner Branch Tributary 2 At the confluence with Geitner Branch +983 City of Hickory. Approximately 1,700 feet upstream of 7th Avenue Southwest +1,074 Haas Creek At the confluence with Pott Creek +814 Catawba County (Unincorporated Areas). Approximately 0.3 mile upstream of Bill and Beulah Lane +910 Henry Fork Approximately 1,250 feet upstream of the confluence with Jacob Fork and South Fork Catawba River +821 Catawba County (Unincorporated Areas), City of Hickory, City of Newton, Town of Brookford. At the Catawba/Burke County boundary +930 Tributary 1 At the confluence with Henry Fork +846 Catawba County (Unincorporated Areas), City of Hickory. Approximately 0.5 mile upstream of Catawba Valley Boulevard SE +974 Tributary 2 At the confluence with Henry Fork +889 Town of Brookford, City of Hickory. Approximately 1,830 feet upstream of Brookford Boulevard +921 Tributary 3 At the confluence with Henry Fork +821 Catawba County (Unincorporated Areas). Approximately 0.4 mile upstream of Robinson Road +855 Herman Branch Creek At the confluence with Lyle Creek +913 Catawba County (Unincorporated Areas), City of Conover. Approximately 175 feet upstream of the confluence with Lyle Creek +914 Hildenbran Creek At the confluence with Clarks Creek +838 City of Newton. Approximately 150 feet upstream of A.C. Little Drive +953 Holdsclaw Creek At the upstream side of Railroad +798 Catawba County (Unincorporated Areas). Approximately 1,500 feet upstream of the confluence of Holdsclaw Creek Tributary 1 +798 Tributary 1 At the confluence with Holdsclaw Creek +798 Catawba County (Unincorporated Areas). Approximately 1,450 feet upstream of the confluence with Holdsclaw Creek +803 Holly Branch Approximately 220 feet downstream of the confluence of Holly Branch Tributary 1 and Shady Branch +821 Catawba County (Unincorporated Areas), Town of Maiden. At the confluence of Holly Branch Tributary 1 and Shady Branch +824 Tributary 1 At the confluence with Holly Branch +824 Catawba County (Unincorporated Areas), Town of Maiden. Approximately 200 feet upstream of South Main Avenue +870 Hop Creek At the confluence with Jacob Fork +835 Catawba County (Unincorporated Areas). Approximately 2.7 miles upstream of the confluence with Jacob Fork +917 Horseford Creek At the confluence with the Catawba River +936 City of Hickory. At the confluence with Frye Creek and Cripple Creek +995 Howards Creek At the Catawba/Lincoln County boundary +972 Catawba County (Unincorporated Areas). Approximately 500 feet upstream of the Catawba/Lincoln County boundary +977 Indian Creek At the Catawba/Lincoln County boundary +1,011 Catawba County (Unincorporated Areas). Approximately 550 feet upstream of the Catawba/Lincoln County boundary +1,014 Jacob Fork Approximately 175 feet upstream of Providence Church Road (State Route 1116) +915 Catawba County (Unincorporated Areas). At the Catawba/Burke County boundary +1,057 Tributary 1 At the confluence with Jacob Fork +1,022 Catawba County (Unincorporated Areas). Approximately 1.3 miles upstream of Cooksville Road +1,078 Lippard Creek At the Lincoln/Catawba County boundary +869 Catawba County (Unincorporated Areas). Approximately 1,870 feet upstream of the Lincoln/Catawba County boundary +876 Long Creek At the confluence with McLin Creek +860 City of Conover, City of Claremont, Catawba County (Unincorporated Areas). Approximately 1,400 feet upstream of Railroad +988 Long Shoal Creek Approximately 0.5 mile downstream of Sulphur Springs Road (State Route 1529) +935 Catawba County (Unincorporated Areas), City of Hickory. Approximately 0.4 mile upstream of Pinecrest Drive Northeast +1,037 Long View Creek At the confluence with Henry Fork +891 Catawba County (Unincorporated Areas), City of Hickory, Town of Long View. Approximately 1,500 feet upstream of U.S. 70 Southwest +1,081 Tributary 1 At the confluence with Long View Creek +990 City of Hickory. Approximately 80 feet downstream of U.S. 70 +1,061 Tributary 2 Approximately 140 feet upstream of the confluence with Long View Creek +1,038 Town of Long View. Approximately 1,460 feet upstream of the confluence with Long View Creek +1,053 Lyle Creek At the confluence with the Catawba River +773 Catawba County (Unincorporated Areas), City of Hickory, Town of Catawba. Approximately 550 feet upstream of 18th Avenue Northeast +1,116 Lyle Creek Tributary At the downstream side of Shock Road (State Route 1711) +831 Catawba County (Unincorporated Areas). Approximately 2,000 feet upstream of Community Road +892 Tributary 1 Approximately 1,600 feet upstream of the confluence with Lyle Creek +820 Catawba County (Unincorporated Areas). Approximately 1.0 mile upstream of Crossing Creek Drive +931 Maiden Creek Approximately 1.3 miles upstream of Providence Mill Road +864 Catawba County (Unincorporated Areas). Approximately 80 feet downstream of North Olivers Cross Road +905 McLin Creek Approximately 500 feet upstream of East 20th Street +940 City of Conover. Approximately 0.6 mile upstream of the confluence of East Tributary McLin Creek +970 Tributary 1 Approximately 750 feet upstream of the confluence with McLin Creek +857 Catawba County (Unincorporated Areas), City of Claremont. Approximately 1,250 feet upstream of Frazier Drive +936 Miller Branch At the downstream side of 12th Avenue Southeast +894 Catawba County (Unincorporated Areas), City of Hickory. Approximately 1.9 miles upstream of the confluence with Clarks Creek +982 Mountain Creek At the upstream side of Slanting Bridge Road +760 Catawba County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence of Mountain Creek Tributary 3 +776 Tributary 2 At the confluence with Mountain Creek +760 Catawba County (Unincorporated Areas). Approximately 1.6 miles upstream of the confluence with Mountain Creek +803 Tributary 2A At the confluence with Mountain Creek Tributary 2 +760 Catawba County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Mountain Creek Tributary 2 +763 Tributary 3 At the confluence with Mountain Creek +760 Catawba County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Mountain Creek +778 Tributary 3A At the confluence with Mountain Creek Tributary 3 +767 Catawba County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Mountain Creek Tributary 3 +804 Muddy Creek Approximately 1,900 feet upstream of the confluence with Henry Fork +835 Catawba County (Unincorporated Areas). At the confluence of Muddy Creek Tributaries 2 and 3 +838 Tributary 1 At the confluence with Muddy Creek +837 Catawba County (Unincorporated Areas). Approximately 0.7 mile upstream of Robinwood Road +873 Tributary 2 At the confluence with Muddy Creek +838 Catawba County (Unincorporated Areas). Approximately 0.6 mile upstream of Robinwood Road +863 Tributary 3 At the confluence with Muddy Creek +838 Catawba County (Unincorporated Areas), City of Hickory. Approximately 1.3 miles upstream of the confluence with Muddy Creek +872 Mull Creek Approximately 1,000 feet upstream of the confluence with Lyle Creek +819 Catawba County (Unincorporated Areas), City of Conover, City of Claremont. Approximately 500 feet upstream of 9th Avenue Northeast +1,002 Mundy Creek At the confluence with Reed Creek +760 Catawba County (Unincorporated Areas). Approximately 500 feet upstream of Lineberger Road +776 Tributary 1 At the confluence with Mundy Creek +760 Catawba County (Unincorporated Areas). Approximately 1,400 feet upstream of Grassy Creek Road +781 Naked Creek Approximately 2,000 feet downstream of the St. Peters Church Road (State Route 1453) +936 Catawba County (Unincorporated Areas). Approximately 0.5 mile upstream of Timber Ridge Road +1,015 Pinch Gut Creek Approximately 120 feet upstream of St. James Church Road +851 Catawba County (Unincorporated Areas), Town of Maiden. Approximately 0.9 mile upstream of St. James Church Road +883 Tributary 1 At the confluence with Pinch Gut Creek +852 Catawba County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Pinch Gut Creek +886 Pott Creek Approximately 1,200 feet downstream of the confluence of Rhodes Mill Creek +801 Catawba County (Unincorporated Areas). Approximately 1.9 miles upstream of Plateau Road (State Route 2036) +928 Propst Creek Approximately 0.4 mile downstream of Sipe Road (State Route 1492) +988 Catawba County (Unincorporated Areas), City of Hickory. Approximately 75 feet downstream of Sipe Road (State Route 1492) +1,005 Reed Creek At the confluence with Mountain Creek +760 Catawba County (Unincorporated Areas). Approximately 1.1 miles upstream of Mount Pleasant Road +790 Rhodes Mill Creek At the confluence with Pott Creek +802 Catawba County (Unincorporated Areas). Approximately 1,100 feet upstream of Leatherman Road (State Route 2025) +855 Tributary 1 At the confluence with Rhodes Mill Creek +815 Catawba County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Rhodes Mill Creek +825 Shady Branch At the confluence with Holly Branch and Holly Branch Tributary 1 +824 Catawba County (Unincorporated Areas), Town of Maiden. Approximately 500 feet upstream of South 11th Avenue +959 Tributary 1 At the confluence with Sandy Branch +872 Catawba County (Unincorporated Areas), Town of Maiden. Approximately 1,800 feet upstream of South 8th Avenue +927 Smyre Creek At the confluence with Clarks Creek +831 Catawba County (Unincorporated Areas), City of Newton. Approximately 50 feet downstream of NC-16 +875 Tributary 1 At the confluence with Smyre Creek +868 Catawba County (Unincorporated Areas), City of Newton. Approximately 1,500 feet upstream of the confluence with Smyre Creek +877 Snow Creek At the confluence with the Catawba River +935 Catawba County (Unincorporated Areas), City of Hickory. Approximately 1,040 feet upstream of 15th Avenue Northeast +1,097 Snow Hill Branch At the downstream side of State Route 16/East D Street +868 City of Newton. Approximately 1,100 feet upstream of East 11th Street +944 South Fork Catawba River At the Catawba/Lincoln County boundary +793 Catawba County (Unincorporated Areas), City of Newton. Approximately 125 feet downstream of NC-10 +816 Tributary 6 At the confluence with South Fork Catawba River +794 Catawba County (Unincorporated Areas). Approximately 530 feet upstream of Herter Road (State Route 2022) +800 Tributary 7 At the confluence with South Fork Catawba River +800 Catawba County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with South Fork Catawba River +811 Tributary 8 At the confluence with South Fork Catawba River +802 Catawba County (Unincorporated Areas). Approximately 0.7 mile upstream of Wilfong Road +829 Tributary 9 At the confluence with South Fork Catawba River +806 Catawba County (Unincorporated Areas). Approximately 1.1 miles upstream of US-321 +822 Tributary 9A At the confluence with South Fork Catawba River Tributary 9 +806 Catawba County (Unincorporated Areas). Approximately 1,500 feet upstream of the confluence with South Fork Catawba River Tributary 9 +806 Terrapin Creek Approximately 500 feet upstream of Mollys Backbone Road +762 Catawba County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence of Terrapin Creek Tributary 1 +792 Tributary 1 At the confluence with Terrapin Creek +766 Catawba County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Terrapin Creek +790 Town Branch At the confluence with the Catawba River +773 Catawba County (Unincorporated Areas), Town of Catawba. Approximately 0.5 mile upstream of 2nd Street Southwest +894 Town Creek Approximately 1,400 feet upstream of St. James Church Road +871 Catawba County (Unincorporated Areas), City of Newton. Approximately 0.8 mile upstream of State Route 10 +943 Tributary to Lyle Creek Tributary At the confluence with Lyle Creek Tributary +875 Catawba County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Lyle Creek Tributary +921 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Claremont Maps available for inspection at the City of Claremont Planning Department, 3288 East Main Street, Claremont, North Carolina. City of Conover Maps available for inspection at the Conover City Hall, 101 First Street East, Conover, North Carolina. City of Hickory Maps available for inspection at the Hickory City Hall, 76 North Center Street, Hickory, North Carolina. City of Newton Maps available for inspection at the City of Newton Planning Department, 401 North Main Avenue, Newton, North Carolina. Town of Brookford Maps available for inspection at the Brookford Town Hall, 1700 South Center Street, Brookford, North Carolina. Town of Catawba Maps available for inspection at the Catawba Town Hall, 102 1st Street Northwest, Catawba, North Carolina. Town of Long View Maps available for inspection at the Long View Town Hall, 2404 1st Avenue Southwest, Hickory, North Carolina. Town of Maiden Maps are available for inspection at the Maiden Town Hall, 113 West Main Street, Maiden, North Carolina. Catawba County (Unincorporated Areas) Maps available for inspection at the Catawba County Planning and Zoning Department, 100 A Southwest Boulevard, Newton, North Carolina. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: March 20, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-6557 Filed 4-6-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

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

(NGVD)+Elevation in feet

(NAVD)Modified Town of Whitehall, Montana Docket No.: FEMA-B-7472 Montana Town of Whitehall Whitetail Creek Approximately 1.98 miles downstream of Highway 55 +4,333 Approximately 1.1 miles upstream of Interstate 90 West Bound +4,386 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Maps are available for inspection at: Town Hall, 2 North Whitehall, Whitehall, MT. Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)# Depth in feet above ground Modified Communities affected Marengo County, Alabama, and Incorporated Areas Docket No.: FEMA-B-7472 Falling Creek Approximately 3250 feet downstream of Whitfield Canal +150 City of Demopolis. Approximately 500 feet downstream of Whitfield Canal +154 Tombigbee River Demopolis Lock and Dam +94 City of Demopolis. Confluence with Short Creek +94 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Demopolis Maps are available for inspection at 211 N. Walnut Avenue, Demopolis, AL 36732. Fremont County, Colorado and Incorporated Areas Docket No.: FEMA-B-7464 Arkansas River Approximately 0.19 miles downstream of State Rt. 115 +5,096 City of Florence, Fremont County (Unincorporated Areas), City of Canon City. Approximately 0.53 miles upstream of confluence of Sand Creek +5,364 Chandler Creek Confluence with Arkansas River +5,174 Fremont County (Unincorporated Areas), Town of Williamsburg. Approximately 0.30 miles upstream of County Rd. 11A +5,387 Coal Creek Approximately 0.22 miles upstream of confluence with Arkansas River +5,153 City of Florence, Fremont County (Unincorporated Areas). Approximately 1.19 miles upstream of Railroad Street +5,231 Coal Creek East Overflow Approximately 0.44 miles above confluence with Arkansas River +5,134 City of Florence, Fremont County (Unincorporated Areas). Approximately 600 feet upstream of Robinson Avenue at divergence from Coal Creek Main Channel +5,180 Coal Creek West Overflow Approximately 0.34 miles above confluence with Arkansas River +5,153 City of Florence, (Fremont County Unincorporated Areas). Divergence from Coal Creek Main Channel +5,188 Forked Gulch At confluence with Arkansas River +5,336 City of Canon City. Confluence with West Forked Gulch +5,451 Minnequa Canal Approximately 760 feet above Lock Avenue +5,199 City of Florence, Fremont County (Unincorporated Areas). Confluence of Oak Creek +5,209 Northeast Canon Drainage East Branch At Confluence with Arkansas River +5,301 City of Canon City, Fremont County (Unincorporated Areas). Approximately 0.85 miles upstream of Tennessee Avenue +5,548 Northeast Canon Drainage West Branch Confluence with East Branch +5,320 City of Canon City, Fremont County (Unincorporated Areas). Approximately 0.62 miles upstream of Washington Street +5,501 Oak Creek Approximately 325 feet above confluence with Arkansas River +5,156 City of Florence, Fremont County (Unincorporated Areas), Town of Williamsburg, City of Canon City. Approximately 550 feet upstream of Quincy Street +5,341 Oak Creek Right Over Bank Approximately 600 feet downstream of West Seventh Street +5,154 City of Florence. Approximately 150 feet upstream of Second Street +5,190 Sand Creek At confluence with Arkansas River +5,356 City of Canon City. Approximately 0.92 miles upstream of confluence with Arkansas River +5,431 Southeast Canon Drainage At confluence with Arkansas River +5,312 City of Canon City. Approximately 0.60 miles upstream of confluence with Arkansas River +5,368 West Forked Gulch Confluence with Forked Gulch +5,452 City of Canon City. Approximately 500 Feet upstream of confluence with Forked Gulch +5,474 West Forked Gulch Approximately 0.59 miles upstream of the confluence with Forked Gulch +5,529 City of Canon City. Approximately 0.973 miles upstream of confluence with Forked Gulch +5,573 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Fremont County (Unincorporated Areas) Maps are available for inspection at: The Administration Building, 615 Macon Avenue, Room 105, Canon City, Colorado. City of Canon City Maps are available for inspection at: City Hall, 128 Main Street, Canon City, Colorado. City of Florence Maps are available for inspection at: The Municipal Building, 300 West Main St, Florence, Colorado. City of Williamsburg Maps are available for inspection at: City Hall, 1 John Street, Williamsburg, Colorado. Carroll County, Georgia and Incorporated Areas Docket No.: FEMA-B-7701 Beulah Creek At the confluence with Little Tallapoosa River +988 City of Carrollton. At Columbia Drive +988 Buffalo Creek Tributary 1 At Strickland Road +1043 City of Carrollton. Approximately 900 feet upstream of Strickland Road +1043 Chandler's Spring Creek At the confluence with Little Tallapoosa River +992 City of Carrollton. Just upstream of William Street +992 Curtis Creek At the confluence with Little Tallapoosa River +994 City of Carrollton. At Lake Carroll Dam +994 Little Tallapoosa River Approximately 2,275 feet upstream of confluence of Buck Creek +978 City of Carrollton. Approximately 2,800 feet upstream of Northside Drive +995 Little Tallapoosa River Tributary At the confluence with Little Tallapoosa River +993 City of Carrollton. Approximately 2,870 feet upstream of confluence with Little Tallapoosa River +993 Sweetwater Creek At Carroll/Douglas County boundary +979 Carroll County (Unincorporated Areas). Approximately 1,510 feet upstream of the Carroll/Douglas county boundary +982 Tanyard Branch At confluence with Little Tallapoosa River +992 City of Carrollton. Approximately 135 feet upstream of River Drive +992 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Carroll County (Unincorporated Areas) Maps are available for inspection at the Community Map Repository, Carroll County Engineering Department, 315 Bradley Street, Carrollton, Georgia 30117. City of Carrollton Maps are available for inspection at the Community Map Repository, Carroll County Engineering Department, 315 Bradley Street, Carrollton, Georgia 30117. Columbia County, Georgia, and Incorporated Areas Docket No.: FEMA-B-7472 Bonaire Heights Tributary At the confluence with Wynngate Tributary +272 Columbia County (Unincorporated Areas). Approximately 375 feet upstream of the confluence with Wynngate Tributary +272 Furys Ferry Road Tributary East At the confluence with Reed Creek +210 Columbia County (Unincorporated Areas). Approximately 100 feet upstream of the confluence with Reed Creek +210 Gibbs Road Tributary At the confluence with Bettys Branch +291 Columbia County (Unincorporated Areas). Approximately 130 feet upstream of the confluence with Bettys Branch +291 Holiday Park Tributary At the confluence with Reed Creek +301 Columbia County (Unincorporated Areas). Approximately 1,450 feet upstream of the confluence with Reed Creek +301 Jones Creek At the confluence with Savannah River +193 Columbia County (Unincorporated Areas). Approximately 3,290 feet upstream of the confluence with Savannah River +193 Tributary No. 2 At the confluence with Jones Creek +259 Columbia County (Unincorporated Areas). Approximately 70 feet upstream of the confluence with Jones Creek +259 Tributary No. 3 At the confluence with Jones Creek +269 Columbia County (Unincorporated Areas). Approximately 20 feet upstream of the confluence with Jones Creek +269 Owens Road Tributary At the confluence with Holiday Park Tributary +322 Columbia County (Unincorporated Areas). Approximately 210 feet upstream of the confluence with Holiday Park Tributary +322 Seaboard Railroad Tributary At the confluence with Jones Creek +225 Columbia County (Unincorporated Areas). Approximately 300 feet upstream of the confluence with Jones Creek +227 Watery Branch Tributary At the confluence with Watery Branch +197 Columbia County (Unincorporated Areas). Approximately 10 feet upstream of the confluence with Watery Branch +197 Westhampton Tributary No. 1 At the confluence with Bowen Pond Tributary +249 Columbia County (Unincorporated Areas). Approximately 75 feet upstream of the confluence with Bowen Pond Tributary +249 Westhampton Tributary No. 2 At the confluence with Bowen Pond Tributary +258 Columbia County (Unincorporated Areas). Approximately 20 feet upstream of the confluence with Bowen Pond Tributary +258 Westhampton Tributary No. 3 At the confluence with Bowen Pond Tributary +269 Columbia County (Unincorporated Areas). Approximately 70 feet upstream of the confluence with Bowen Pond Tributary +269 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Columbia County (Unincorporated Areas) Maps are available for inspection at the Community Map Repository, Engineering & Environmental Services Division, P.O. Box 498, 630 Ronald Reagan Drive, Building A, Evans, GA 30809. Forsyth County, Georgia and Incorporated Areas Docket No.: FEMA-B-7701 Hurricane Creek At the confluence with Settingdown Creek +970 Forsyth County (Unincorporated Areas). Approximately 1,010 feet upstream of the confluence with Settingdown Creek +970 James Creek At the confluence with Chattahoochee River +918 Forsyth County (Unincorporated Areas). Approximately 2,400 feet upstream of the confluence with Chattahoochee River +918 Tributary G At the confluence with Settingdown Creek +1,140 Forsyth County (Unincorporated Areas). Approximately 100 feet upstream of the confluence with Settingdown Creek +1,140 Tributary J At the confluence with Settingdown Creek +1,156 Forsyth County (Unincorporated Areas). Approximately 60 feet upstream of the confluence with Settingdown Creek +1,156 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Forsyth County (Unincorporated Areas) Maps are available for inspection at 110 East Main Street, Suite 100, Cumming, Georgia 30040. Whitfield County, Georgia and Incorporated Areas Docket No.: FEMA-B-7701 Poplar Springs Creek Approximately 660 feet downstream of Poplar Springs Road +747 Whitfield County (Unincorporated Areas). Approximately 1,270 feet upstream of Reed Pond Road Northwest +771 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Whitfield County (Unincorporated Areas) Maps are available for inspection at 1407 Burleyson Drive, Dalton, Georgia 30720. Frederick County, Maryland and Incorporated Areas Docket No.: FEMA-B-7456 Ballenger Creek Confluence with Monocacy River +249 Frederick County (Unincorporated Areas). Approximately 0.2 mile downstream of Mt. Phillip Road +422 Bush Creek Confluence with Monocacy River +255 Frederick County (Unincorporated Areas). Approximately 0.2 mile upstream of Green Valley Road +413 Butterfly Branch (Tributary No. 116) Confluence with Ballenger Creek +307 Frederick County (Unincorporated Areas). Approximately 0.3 mile upstream of Jefferson Pike +388 Carroll Creek Confluence with Monocacy River +266 Frederick County (Unincorporated Areas). Approximately 2.0 miles upstream of the confluence of Silver Spring Branch (Tributary No. 95) +702 Claggett Run (Tributary No. 129) Confluence with Rocky Fountain Run +243 Frederick County (Unincorporated Areas). Approximately 0.4 mile upstream of Fingerboard Road +297 Clifford Branch (Tributary No. 87) Confluence with Tuscarora Creek +367 Frederick County (Unincorporated Areas). Approximately 0.3 mile upstream of Hamburg Road +644 Clifford Branch (Tributary No. 98) Confluence with Rock Creek +354 Frederick County (Unincorporated Areas). Approximately 0.4 mile upstream of Mt. Phillip Road +433 Detrick Branch (Tributary No. 9) Confluence with Monocacy River +268 Frederick County (Unincorporated Areas). Approximately 0.1 mile upstream of N. Market Street +286 Dublin Branch Confluence with Glade Creek +279 Frederick County (Unincorporated Areas). Approximately 1.4 miles upstream of confluence with Glade Creek +331 Edison Branch Confluence with Carroll Creek +328 Frederick County (Unincorporated Areas). Downstream side of Christophers Crossing +375 Glade Creek Approximately 0.2 mile downstream of Devilbliss Bridge Road +279 Frederick County (Unincorporated Areas). Approximately 0.8 mile upstream of Glade Road +359 Horsehead Run Confluence with Rocky Fountain Run +247 Frederick County (Unincorporated Areas). Approximately 1.2 miles upstream of confluence with Rocky Fountain Run +265 Israel Creek Confluence with Monocacy River +273 Frederick County (Unincorporated Areas). Just downstream of Water Street +298 King Branch (Tributary No. 118) Confluence with Ballenger Creek +271 Frederick County (Unincorporated Areas). Just downstream of Arbor Road +291 Linganore Creek Confluence with Monocacy River +264 Frederick County (Unincorporated Areas). Just downstream of Gashouse Pike +327 Little Tuscarora Creek Confluence with Tuscarora Creek +296 Frederick County (Unincorporated Areas). 0.1 mile upstream of Yellow Springs Road +509 Monocacy River Confluence with Potomac River +210 Frederick County (Unincorporated Areas). 0.6 mile upstream of Devilbliss Bridge Road +288 Park Branch (Tributary No. 8/99) Confluence with Monocacy River +267 Frederick County (Unincorporated Areas). Downstream side of East Street +286 Pike Branch (Tributary No. 117) Confluence with Ballenger Creek +277 Frederick County (Unincorporated Areas). Just upstream of Ballenger Creek Road +314 Rock Creek Confluence with Carroll Creek +310 Frederick County (Unincorporated Areas). Just Downstream of Baltimore National Parkway (US 40) +432 Rocky Fountain Run Confluence with Monocacy River +243 Frederick County (Unincorporated Areas). 0.2 mile downstream of New Design Road +310 Shookstown Creek (Tributary No. 96) Confluence of Carroll Creek +316 Frederick County (Unincorporated Areas). Approximately 0.4 mile upstream of Oakmont Drive +774 Silver Spring Branch (Tributary No. 95) Confluence with Carroll Creek +347 Frederick County (Unincorporated Areas). Approximately 400 feet downstream of Edgewood Church Road +716 Tributary No. 122 to Horsehead Run Confluence with Horsehead Run +265 Frederick County (Unincorporated Areas). Approximately 1.1 miles upstream of confluence with Horsehead Run +298 Tributary No. 123 to Horsehead Run Confluence with Horsehead Run +265 Frederick County (Unincorporated Areas). Approximately 1.0 mile upstream of confluence with Horsehead Run +310 Tributary No. 124 to Horsehead Run Confluence with Horsehead Run +264 Frederick County (Unincorporated Areas). Approximately 0.1 mile upstream of Manor Woods Road +284 Tributary No. 125 to Horsehead Run Confluence with Horsehead Run +253 Frederick County (Unincorporated Areas). Approximately 0.4 mile upstream of confluence with Horsehead Run +274 Tributary No. 126 to Tributary No. 125 to Horsehead Run 0.4 mile upstream of outlet to Horsehead Run +274 Frederick County (Unincorporated Areas). Just downstream of New Design Road +287 Tributary No. 127 to Rocky Fountain Run Confluence with Rocky Fountain Run +246 Frederick County (Unincorporated Areas). Approximately 1.1 miles upstream of confluence with Rocky Fountain Run +291 Tributary No. 128 to Rocky Fountain Run Confluence with Rocky Fountain Run +243 Frederick County (Unincorporated Areas). Just downstream of Baltimore and Ohio Railroad +279 Tributary No. 5 to Rock Creek Confluence with Rock Creek +328 Frederick County (Unincorporated Areas). Approximately 0.1 mile upstream of West Patrick Street +395 Tributary No. 6 to Carroll Creek Confluence with Carroll Creek +293 Frederick County (Unincorporated Areas). Just downstream of Butterfly Lane +410 Tributary No. 89 to Little Tuscarora Creek Confluence with Little Tuscarora Creek +314 Frederick County (Unincorporated Areas). Just downstream of Springhill Drive +359 Tributary to Glade Creek Confluence with Glade Creek +292 Frederick County (Unincorporated Areas). Just downstream of Devilbliss Bridge Road +334 Tributary to Tributary No. 89 to Little Tuscarora Creek Confluence with Tributary No. 89 to Little Tuscarora Creek +355 Frederick County (Unincorporated Areas). Just upstream of Christophers Crossing +402 Tuscarora Creek Confluence with Monocacy River +274 Frederick County (Unincorporated Areas). Confluence of Clifford Branch +367 Two Mile Run (Tributary No. 10/93) Just downstream of Worman's Mill Court +269 Frederick County (Unincorporated Areas). Confluence with Monocacy River +269 Worman's Run (Tributary No. 11) Confluence with Monocacy River +269 Frederick County (Unincorporated Areas). Just Upstream of North Market Street +269 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Frederick County (Unincorporated Areas) Maps are available for inspection at the Planning and Zoning Department, Winchester Hall, 12 East Church Street, Frederick, Maryland 21701. City of Frederick Maps are available for inspection at the Engineering Department, City Hall, 101 North Court Street, Frederick, Maryland 21701. Town of Walkersville Maps are available for inspection at the Town Hall, 21 West Frederick Street, Walkersville, Maryland 21793. Blount County, Tennessee and Incorporated Areas Docket No.: FEMA-B-7700 Brown Creek At confluence with Pistol Creek +880 City of Maryville. At Grandview Dr +961 Cross Creek At confluence with Pistol Creek +956 City of Maryville. At Oxford Hills Dr +1002 Culton Creek At confluence with Pistol Creek +848 City of Alcoa, Blount County (Unincorporated Areas), City of Maryville. At Middlesettlements Rd +858 Duncan Branch At U.S. 129 bypass +906 City of Maryville. At confluence with Brown Creek +929 Laurel Bank Branch At Middlesettlements Rd +856 Blount County (Unincorporated Areas), City of Maryville. At Big Springs Rd +871 Little River At Wildwood Bridge +859 Blount County (Unincorporated Areas), City of Townsend. At Webb Road +1045 Pistol Creek At Carpenter's Grade Rd +957 City of Alcoa. At Campground Bridge/Davey Crockett Drive +1112 Russell Branch At Confluence with Little River +826 City of Rockford. At Wright Rd +911 Springfield Branch At Eagleton Rd +846 City of Maryville. At Old Knoxville Pike +869 Unnamed Tributary to Brown Creek At confluence with Brown Creek +919 City of Maryville. At Amerine Rd +1002 Unnamed Tributary to Laurel Bank Branch At confluence with Laurel Bank Branch +871 Blount County (Unincorporated Areas), City of Maryville. At U.S. Hwy 129 +1008 Unnamed Tributary to Springfield Branch At confluence with Springfield Branch +842 City of Maryville. At Harding St +859 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES Blount County (Unincorporated Areas) Maps are available for inspection at: Blount County Zoning Department, 1006 East Lamar Alexander Parkway, Maryville, Tennessee 37804. City of Alcoa Maps are available for inspection at: City of Alcoa Planning And Codes Department, 223 Associate Blvd., Alcoa, Tennessee 37701. City of Maryville Maps are available for inspection at: City of Maryville Engineering Department, 416 West Broadway Avenue, Maryville, Tennessee 37801. City of Rockford Maps are available for inspection at: Rockford Town Hall, 3719 Little River Road, Rockford, Tennessee 37853. City of Townsend Maps are available for inspection at: Townsend City Hall, 133 Tiger Drive, Townsend, Tennessee 37882. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: March 26, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-6556 Filed 4-6-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 211 [Docket No. FRA-2006-24838] RIN 2130-AB79 Establishment of Emergency Relief Dockets and Procedures for Handling Petitions for Emergency Waiver of Safety Regulations AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: FRA is issuing procedures governing the creation of Emergency Relief Dockets

(ERD)as well as procedures for obtaining waivers from a safety rule, regulation, or standard during an emergency situation or event. FRA's purpose for establishing the ERD and emergency waiver procedures is to provide an expedited process for FRA to address the needs of the public and the railroad industry during emergency situations or events. DATES: This final rule is effective April 9, 2007; petitions for reconsideration must be received on or before June 8, 2007. Petitions received after that date will be considered to the extent possible without incurring additional expense or delay. ADDRESSES: *Petitions for reconsideration:* Any petitions for reconsideration related to Docket No. FRA-2006-24838, may be submitted by any of the following methods: • Web Site: *http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except Federal Holidays. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. *Instructions:* All petitions for reconsideration must include the agency name and docket number or Regulatory Identification Number

(RIN)for this rulemaking. Note that all comments received will be posted without change to *http://dms.dot.gov* including any personal information. Please see the General Information heading in the “Supplementary Information” section of this document for Privacy Act information related to any submitted petitions. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or to PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development, FRA, 1120 Vermont Avenue, NW., RRS-2, Mail Stop 25, Washington, DC 20590 (Telephone 202-493-6302), or Michael Masci, Trial Attorney, Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Mail Stop 10, Washington, DC 20590 (Telephone 202-493-6037). SUPPLEMENTARY INFORMATION: Background On August 30, 2006, FRA published an interim final rule

(IFR)establishing emergency waiver procedures that further the agency's ability to quickly address waiver requests in emergency situations while providing an opportunity for public input in the process. *See* 71 FR 51517. Based on comments received in response to the IFR and lessons learned from Hurricane Katrina, FRA is establishing procedures that allow the agency to expeditiously handle waiver requests that are directly related to an emergency situation or event. This will permit FRA to provide railroads necessary operational relief in a more timely manner during emergencies while at the same time maintaining public safety. Due to the catastrophic and devastating damage inflicted on the southern portion of the United States in the aftermath of Hurricane Katrina, FRA published a notice in the **Federal Register** establishing a temporary means for handling petitions for waiver from the Federal rail safety regulations that were directly related to the effects of the hurricane or were necessary to effectively address the relief efforts being undertaken in the area. *See* 70 FR 53413 (September 8, 2005). FRA recognized that these types of petitions had to be afforded special consideration and had to be handled expeditiously in order to ensure that the emergency operational needs of the railroads were addressed while at the same time ensuring the safety of the public, including railroad employees. Such emergency waivers would help ensure that routine safety regulations would not stand in the way of railroad efforts to cope with the emergency and to provide timely relief and recovery efforts. FRA's procedures prior to the August 30, 2006 IFR related to the handling of petitions for waiver from the Federal rail safety regulations contained in 49 CFR part 211, did not lend themselves to quick and immediate decisions by the agency, nor were they intended to. The previous procedures contained in 49 CFR part 211, established a process whereby FRA publishes a notice of any petition for waiver in the **Federal Register** . This notice then allows interested parties a period of time in which to comment on any such petition, generally thirty

(30)days, and provides for a public hearing should one be requested. This process generally takes several months to accomplish. Accordingly, FRA instituted a temporary set of expedited procedures for handling petitions for waivers that were directly related to the effects and aftermath of Hurricane Katrina. The subsequent IFR was based on those procedures. To prepare for future emergencies, FRA is issuing procedures for handling petitions for waivers in emergency situations. These procedures are based on the temporary procedures that were instituted in response to Hurricane Katrina. FRA believes that the emergency procedures contained in this final rule provide the agency with the ability to promptly and effectively address waiver requests directly related to an emergency while ensuring that the public and all interested parties are afforded proper notice of any such request, and are provided a sufficient opportunity to comment on any such request. When faced with a sudden emergency event or situation the Administrator may activate the emergency waiver procedures contained in this final rule. FRA will consider local, state and federal declarations of emergency when determining whether circumstances qualify as an emergency event. To declare that the emergency waiver procedures are in effect, the Administrator will issue a statement in the Document Management System

(DMS)at *http://dms.dot.gov* . The DMS will automatically notify parties that have signed up for the Emergency Waiver Listserv. (Instructions on how to sign up for automatic notification of additions to a docket are found at *http://dms.dot.gov.* ) In addition, FRA will make every effort to post the statement on its Web site ( *http://www.fra.dot.gov/* ). FRA will also publish a notice in the **Federal Register** alerting interested parties that the emergency waiver procedures will be utilized. FRA anticipates that the circumstances that constitute the occurrence of, or imminent threat of an emergency event will occur infrequently. The types of emergency events intended to be covered by this final rule could be local, regional, national or international in scope and could include natural and manmade disasters, such as hurricanes, floods, earthquakes, mudslides, forest fires, snowstorms, terrorist acts, increased threat levels, chemical or biological attacks, pandemic outbreaks, releases of dangerous radiological, chemical, or biological material, or war-related activities. Not only will our Nation's railroads be directly affected by many emergency events, they will also play a key role in the aftermath of those events, by providing necessary supplies and by moving displaced families and relief personnel and supplies to and from an affected areas. Although the type of relief that might be granted under these provisions would vary greatly based on the type of emergency event involved, it is expected that the relief would generally involve such things as: Temporary postponement of required maintenance, repair, or inspection related to railroad equipment, track, and signals; temporary relief from certain record keeping or reporting requirements; or short-term relief from various operational requirements. Relief granted will not extend for more than nine months. For matters that may significantly impact the missions of the Department of Homeland Security (DHS), FRA will consult and coordinate with DHS as soon as practicable. FRA will establish a new ERD each calendar year. FRA will publish a notice in the **Federal Register** identifying the new docket number by January 31st of each year. When the Administrator determines the occurrence of, or imminent threat of, an emergency event, FRA will accept emergency waiver petitions for review. If FRA determines that a petition is directly related to an emergency situation, the petition will be placed in the ERD for that year. FRA will receive comments on a petition for 72 hours from the close of business on the day that the petition is posted on the ERD. During that time, FRA will arrange a telephone conference for any party that requests a public hearing. If, after the telephone conference, a public hearing is still desired, then FRA will arrange for such a hearing pursuant to 49 CFR part 211 as soon as practicable. FRA may grant a petition for waiver prior to conducting a public hearing if such petition is in the public interest and consistent with safety. These procedures are intended to balance the need for expedited waiver procedures during an emergency event to ensure public safety, and the need for adequate time to allow full public participation. The ERD and emergency waiver procedures contained in this final rule do not waive any regulatory requirements. They only reduce the length of the notice and comment period to permit FRA to act on the request as quickly as possible. FRA solicited written comments from the public based on the IFR in accordance with the Administrative Procedures Act

(APA)5 U.S.C. 553. Consideration of public comment allows FRA to access additional viewpoints from interested parties and include them when appropriate. By the close of the comment period on October 30, 2006, one set of comments was received. The comments were received on September 6, 2006 from the Brotherhood of Locomotive Engineers and Trainmen (BLET). The comments raise questions regarding two IFR sections: 49 CFR 211.45(i) providing a 72-hour period from when the petition is filed for interested parties to request a hearing; and, 49 CFR 211.45(g) describing the treatment of petitions for emergency waiver that do not meet the threshold requirements for consideration under 49 CFR 211.45. The BLET's comments are addressed in the relevant regulatory paragraphs of the section-by-section analysis below. Section-by-Section Analysis Processing of Emergency Waivers § 211.45 *Section 211.45(a).* This paragraph makes clear that the emergency waiver procedures are intended to go into effect when there is an occurrence of, or imminent threat of, an emergency event and public safety would benefit from providing the railroad industry with operational relief. The types of emergency events intended to be covered by this final rule could be local, regional, national or international in scope and could include natural and manmade disasters, such as hurricanes, floods, earthquakes, mudslides, forest fires, snowstorms, terrorist acts, increased threat levels, chemical or biological attacks, pandemic releases of dangerous radiological, chemical, or biological material, or war-related activities. *Section 211.45(b).* This paragraph contains information regarding FRA's creation of ERDs. Establishing a new ERD each year allows FRA to receive petitions for emergency waivers as soon as the occurrence of, or imminent threat of an emergency event is determined to have occurred. A yearly ERD is also a convenient way to organize the emergency waiver petitions and related documents. For reference purposes any petition can be located by the year in which the emergency event or situation occurred. The docket system will also provide notice to interested parties. The DMS Internet site that is identified in this final rule allows any interested party to subscribe, without fee, to the Emergency Waiver Listserv which will automatically notify the party via e-mail when documents are added to the designated ERD. This paragraph also makes clear that FRA will publish by January 31st of each year, a **Federal Register** notice identifying the ERD for that year. This will inform interested parties where to find petitions for emergency waiver during an emergency and will allow such parties to subscribe to the DMS Emergency Waiver Listserv. Publishing a notice in the previous year's ERD will allow the parties interested in the prior year to automatically receive the new docket number. *Section 211.45(c).* This paragraph identifies the Administrator as the individual responsible for determining when the emergency waiver procedures will be utilized. The Administrator is the appropriate person to determine whether a situation or set of circumstances constitutes an emergency for purposes of FRA's use of the emergency waiver procedures. The Administrator has a unique familiarity with the rail-industry through oversight of the following: Managing comprehensive safety programs and regulatory initiatives; enforcement of FRA safety regulations; development and implementation of national freight and passenger rail policy; and oversight of diverse research and development activities in support of improved railroad safety. During significant emergencies the Administrator has extensive interaction with the DHS, Director of National Intelligence, the Federal Bureau of Investigation, the Surface Transportation Board and other Federal agencies responsible for addressing public safety, health, security and welfare. In addition, the Administrator maintains contemporaneous communication with relevant rail transportation entities, including passenger and freight railroads. This experience and interaction provides a basis from which the Administrator can assess whether a situation or set of circumstances rises to the level of an emergency event that would necessitate activation of the emergency waiver procedures. FRA's statement declaring that emergency procedures are in effect will be issued in the appropriate ERD. The DMS Internet site that is identified in the rule text allows any subscribing interested party to subscribe, without fee, to the Emergency Waiver Listserv application which automatically notifies the party via e-mail when documents are added to the appropriate ERD. The Administrator's determination that emergency waiver procedures are in effect, would be one of those documents automatically transmitted to interested parties via e-mail. In determining whether an emergency exists the Administrator may consider states of emergency issued by a local, State, or Federal official, and determinations by the Federal government that a credible threat of a terrorist attack exists. A determination made by one of these officials that a state of emergency exists, indicates that special attention is needed to address the situation, and railroad operations may be implicated. The Administrator will consider whether such emergencies significantly affect railroad operations, and whether it would be beneficial to activate the emergency waiver procedures. *Section 211.45(d).* This paragraph identifies other methods by which interested parties may be notified of FRA's determination to utilize the emergency waiver procedures. If conditions permit, FRA will issue the Administrator's determination on FRA's Web site to quickly notify the public. FRA will also publish a notice in the **Federal Register** as soon as possible after the Administrator's determination to ensure full notification to all interested parties. *Section 211.45(e).* This paragraph identifies the required content of a petition for emergency waiver. To be considered under the emergency waiver procedures, FRA must first determine that the petition is directly related to the occurrence of, or imminent threat of an emergency event. FRA will base its determination on the information provided in the petition. Thus, the petition should contain information that sufficiently demonstrates the relationship between the emergency event and the waiver relief being sought. *Section 211.45(f).* This paragraph instructs the public how to submit a petition under the emergency waiver procedures. FRA is permitting submission by e-mail, fax, or mail. Permitting a variety of methods for submitting petitions for emergency waiver is intended to enhance the convenience and effectiveness of the process during the occurrence of, or imminent threat of an emergency event. *Section 211.45(g).* This paragraph contains information regarding FRA's handling of waiver petitions under the emergency waiver procedures. After the FRA declares that the emergency procedures are in effect, it will accept petitions for emergency waivers. Petitions that are determined to be directly related to an emergency will be placed in the ERD for that year. The DMS numbers each document that is added to a docket. Thus, each petition submitted to the ERD will have a unique document number. For reference purposes, this document number should be identified on all communications related to that particular waiver petition. One comment asserts that FRA's handling of petitions that do not qualify for emergency procedures under this paragraph will be different than the current requirements for non-emergency petitions under 49 CFR 211.9. Specifically, the commenter is concerned that 49 CFR 211.9(c) will not apply to the these petitions, because compliance with that provision is not required as part of a petition for emergency waiver under 49 CFR 211.45(e). FRA believes that the IFR rule text explaining that non-emergency petitions will be processed “under normal waiver procedures of this subpart” addresses the commenter's concern. The IFR did not intend to change the content required for petitions under 49 CFR 211.9. The information requirements under 49 CFR 211.9(c) remain unchanged. The requirements will apply equally to petitions that are submitted initially under 49 CFR 211.45, as it will for petitions submitted directly under 49 CFR 211.9. *Section 211.45(h).* This paragraph explains the comment process. FRA believes that 72 hours is a reasonable length of time to consider comments in an emergency situation. During Hurricane Katrina, public safety was well served by FRA's expedited emergency waiver procedures. Similarly, during future emergency situations the public interest will require an expedited review process to ensure public safety. FRA believes that the emergency waiver procedures and the need to quickly address these types of waiver petitions fall within the good cause exemption under section 553 of the APA relating to providing prior notice and comment. Nonetheless, FRA is providing notice to interested parties and is permitting a short comment period prior to taking any agency action. Moreover, FRA is providing an opportunity for a public hearing as soon as practicable after initial consideration of an emergency waiver petition. *Section 211.45(i).* FRA is clarifying the calculation of the 72-hour period as intended in this paragraph. A comment to the IFR noted that it would be difficult to ascertain the proper deadline for comments, because the DMS Web site indicates the date a filing is published, and not the time. Recognizing this limitation, FRA intends to receive comments on a petition for 72 hours from the close of business (5 p.m. eastern time) on the day that the petition is posted on the ERD. Consequently, the comment period will end at 5 p.m. on the third day of the comment period. Weekends and holidays will be included in the calculation. FRA continues to believe that a 72-hour period is a sufficient amount of time to allow for public comment on petitions for emergency waiver. Allowing additional time would jeopardize the safety of the general public affected by the emergency. Some potential commenters may be unable to comment because of exposure to the emergency. FRA understands that this is a concern, but anticipates that other safeguards and options, as well as other parties with similar interests would likely be available during an emergency. These various available resources would be utilized to help determine appropriate relief from Federal regulations. The interim rule also provided multiple methods for submitting comments to accommodate interested parties with limited capability to comment. This paragraph describes how FRA will handle requests for hearing. FRA believes that a telephone conference will provide interested parties with an opportunity to present evidence regarding a particular petition to a neutral decision maker. If a party requests a public hearing after the telephone conference, FRA will provide one as soon as practicable. During an emergency the public interest requires that an expedited waiver process be utilized. *Section 211.45(j).* This paragraph identifies the process by which FRA will make decisions on emergency waivers including: FRA's consideration of the petition; notification to the public of FRA's decision; and the limits of any relief granted under the procedures. The ability to grant or deny a petition without delay is essential to ensuring public safety during an emergency. The opportunity to reconsider a petition after the initial decision is made will ensure a robust deliberation. Under circumstances where reconsideration is appropriate, FRA will utilize additional time to consider the parties' input. FRA's understanding of an emergency may change as the emergency event develops. Accordingly, the public will benefit from FRA's ability to reconsider decisions, and make appropriate adjustments based on further information. This will also ensure that FRA has the opportunity to address all relevant arguments made by interested parties anytime after its initial consideration of a petition. During an emergency it is a priority to address petitions for emergency waiver and make a decision without delay. Relevant comments may be submitted after the 72-hour comment period, and the public will benefit from ensuring that FRA has the opportunity to address those comments as soon as practicable. Posting the decision letters in the appropriate ERD will provide notice to interested parties. The DMS Internet site that is identified in the rule text allows any interested party to subscribe, without fee, to its list serve application which will automatically notify the party via e-mail when documents are added, including the Administrator's determination that emergency waiver procedures are in effect, to the designated ERD. This paragraph also makes clear that any relief granted under these procedures will be limited to no more than 9 months. If relief is needed for a period of time beyond 9 months, a petition can be submitted through the traditional waiver process. Where issues of safety and security overlap it may be necessary for FRA to coordinate with DHS. General Information This rule finalizes the interim rule that expedited the already-existing waiver process during an emergency with one minor clarification to the rule text in 49 CFR 211.45(i). Considering that the ERD and procedures for emergency waiver petitions were procedural modifications that did not change any regulatory requirements, together with the need to issue the procedural changes as soon as possible since we had entered the official hurricane season, FRA issued the IFR with a request for comments on August 30, 2006. Congress authored a good cause exemption to the informal rulemaking procedures to address emergencies (such as a response to a natural disaster) that might arise justifying issuance of a rule without prior public participation. As hurricane season began again, unfortunately, another emergency event could have occurred immediately. The public benefits from having the emergency waiver procedures in place before another emergency exists. Delay in the adoption of these procedures for expediting waivers could have caused serious harm to the public and the rail industry. In contrast to the potential harm that could be caused by delay, the impact of the procedural modifications on the public were minimal. Consequently, pursuant to 5 U.S.C. 553(b)(3)(B), FRA asserted its belief that good cause existed for finding that prior public notice of this action is both impracticable and unnecessary. However, FRA did request written comments on the content of the IFR and addressed the comment in the section-by-section portion of this document. Privacy All potential petitioners for reconsideration should be aware that anyone is able to search the electronic form of all comments received into any agency docket by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov* . Regulatory Impact Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule has been evaluated in accordance with Executive Order 12866 and DOT policies and procedures. The modifications contained in this final rule are not considered significant because they are intended to merely institute an emergency relief docket, and establish internal FRA procedures for handling waivers directly related to an emergency. This final rule will not change any regulatory requirements. The economic impact of the procedures and establishment of the docket contained in this final rule will not affect the cost of compliance with the existing regulations. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 *et seq.* ) requires a review of rules to assess their impact on small entities. FRA certifies that this final rule does not have a significant impact on a substantial number of small entities. Because the procedures and the establishment of an emergency docket contained in this rule does not change regulatory requirements, FRA has concluded that there are no substantial economic impacts on small units of government, businesses, or other organizations. Paperwork Reduction Act This final rule does not change any of the information collection requirements. Environmental Impact FRA has evaluated this final rule in accordance with its “Procedures for Considering Environmental Impacts” (FRA's Procedures) (64 FR 28545, May 26, 1999) as required by the National Environmental Policy Act (42 U.S.C. 4321 *et seq.* ), other environmental statutes, Executive Orders, and related regulatory requirements. FRA has determined that this document is not a major FRA action (requiring the preparation of an environmental impact statement or environmental assessment) because it is categorically excluded from detailed environmental review pursuant to section 4(c) of FRA's Procedures. Federalism Implications FRA believes it is in compliance with Executive Order 13132. Because the emergency docket and procedures for emergency waiver petitions will not change any regulatory requirements, this document will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. This final rule will not have federalism implications that impose any direct compliance costs on State and local governments. Unfunded Mandates Reform Act of 1995 Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531), each federal agency “shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).” Section 202 of the Act (2 U.S.C. 1532) further requires that “before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $128,100,000 or more in any 1 year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement” detailing the effect on State, local, and tribal governments and the private sector. Because the ERD and procedures for emergency waiver petitions will not change any regulatory requirements, this document will not result in the expenditure, in the aggregate, of $128,100,000 or more in any one year, and thus preparation of such a statement is not required. Energy Impact Executive Order 13211 requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” 66 FR 28355 ( May 22, 2001). Under the Executive Order, a “significant energy action” is defined as any action by an agency (normally published in the **Federal Register** ) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is a significant regulatory action under Executive Order 12866 or any successor order, and

(ii)is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(2)that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. FRA has evaluated the final rule in accordance with Executive Order 13211. Because the emergency docket and procedures for emergency waiver petitions will not change any regulatory requirements, FRA has determined that this document will not have a significant adverse effect on the supply, distribution, or use of energy. Consequently, FRA has determined that this regulatory action is not a “significant energy action” within the meaning of Executive Order 13211. List of Subjects in 49 CFR Part 211 Administrative practice and procedure, Railroad safety. Adoption of the Amendment In consideration of the foregoing, the interim rule amending part 211 of Chapter II of Title 49 of the Code of Federal Regulations published at 71 FR 51521 on August 30, 2006 is adopted as a final rule with the following change: PART 211—RULES OF PRACTICE 1. The authority citation for part 211 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504, and 49 CFR 1.49. 2. Section 211.45 is revised to read as follows: § 211.45 Petitions for emergency waiver of safety rules.

(a)*General.* This section applies only to petitions for waiver of a safety rule, regulation, or standard that FRA determines are directly related to the occurrence of, or imminent threat of, an emergency event. For purposes of this section an emergency event could be local, regional, or national in scope and includes a natural or manmade disaster, such as a hurricane, flood, earthquake, mudslide, forest fire, significant snowstorm, terrorist act, biological outbreak, release of a dangerous radiological, chemical, or biological material, war-related activity, or other similar event.

(b)*Emergency Relief Docket.* Each calendar year FRA creates an Emergency Relief Docket

(ERD)in the publicly accessible DOT Document Management System (DMS). The DMS can be accessed 24 hours a day, seven days a week, via the Internet at the docket facility's Web site at *http://dms.dot.gov* . All documents in the DMS are available for inspection and copying on the Web site or are available for examination at the DOT Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590 during regular business hours (9 a.m.-5 p.m.). By January 31st of each year, FRA publishes a notice in the **Federal Register** identifying by docket number the ERD for that year. A notice will also be published in the previous year's ERD identifying the new docket number.

(c)*Determining the existence of an emergency event.* If the Administrator determines that an emergency event identified in paragraph

(a)of this section has occurred, or that an imminent threat of it occurring exists, and determines that public safety or recovery efforts require that the provisions of this section be implemented, the Administrator will activate the Emergency Relief Docket identified in paragraph

(d)of this section. In determining whether an emergency exists, the Administrator may consider declarations of emergency made by local, State, or Federal officials, and determinations by the Federal government that a credible threat of a terrorist attack exists.

(d)*Additional notification.* When possible, FRA will post the FRA Administrator's determination described in paragraph (b)(1) of this section on its website at *http://www.fra.dot.gov* . FRA will also publish a notice in the **Federal Register** alerting interested parties of the FRA Administrator's determination as soon as practicable.

(e)*Content of petitions for emergency waivers.* Petitions submitted to FRA pursuant to this section should specifically address how the petition is related to the emergency, and to the extent practicable, contain the information required under § 211.9(a) and (b). The petition should at a minimum describe the following: how the petitioner or public is affected by the emergency (including the impact on railroad operations); what FRA regulations are implicated by the emergency ( *e.g.* movement of defective equipment); how waiver of the implicated regulations would benefit petitioner during the emergency; and how long the petitioner expects to be affected by the emergency.

(f)*Filing requirements.* Petitions filed under this section, shall be submitted using any of the following methods:

(1)Direct e-mail to FRA at: *RRS.Correspondence@fra.dot.gov;*

(2)Direct fax to FRA at: 202-493-6309; or

(3)To FRA Docket Clerk, Office of Chief Counsel, RCC-10, Mail Stop 10, 1120 Vermont Avenue, NW., Washington, DC 20590, fax no.

(202)493-6068.

(g)*FRA Handling and Initial Review.* Upon receipt and initial review of a petition for waiver, to verify that it meets the criteria for use of these emergency procedures, FRA will add the petition to the ERD. The DMS numbers each document that is added to a docket. (For example, the first document submitted to the docket in 2006 will be identified as FRA-2006-XXX-1.) Thus, each petition submitted to the ERD will have a unique document number which should be identified on all communications related to petitions contained in this docket. If FRA determines that the petition does not meet the criteria for use of these emergency procedures, FRA will notify the petitioner and will process the petition under normal waiver procedures of this subpart.

(h)*Comments.* Comments should be submitted within 72 hours from the close of business on the day that the petition is entered into and available on the DMS. Any comment received after that period will be considered to the extent practicable. All comments should identify the appropriate ERD and should identify the specific document number of the petition designated by the DMS in the ERD. Interested parties commenting on a petition under this section should also include in their comments to the ERD telephone numbers at which their representatives may be reached. Interested parties may submit their comments using any of the following methods:

(1)Direct e-mail to FRA at: *RRS.Correspondence@fra.dot.gov.*

(2)Direct fax to FRA at: 202-493-6309.

(3)Submission of comments to the Docket Clerk, DOT Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590 or electronically via the internet at *http://dms.dot.gov* . Any comments or information sent directly to FRA will be immediately provided to the DOT DMS for inclusion in the ERD.

(i)*Request for hearing.* Parties desiring a public hearing on any petition being processed under this section must notify FRA through the comment process identified in paragraph

(h)of this section within 72 hours from the close of business on the day that the petition is entered into and available on the DMS. In response to a request for a public hearing, FRA will arrange a telephone conference between all interested parties to provide an opportunity for oral comment. The conference will be arranged as soon as practicable. After such conference, if a party stills desires a public hearing on the petition, then a public hearing will be arranged as soon as practicable pursuant to the provisions contained in 49 CFR part 211.

(j)*Decisions.* FRA may grant a petition for waiver prior to conducting a public hearing if such action is in the public interest and consistent with safety or in situations where a hearing request is received subsequent to the 72-hour comment period. In such an instance, FRA will notify the party requesting the public hearing of its decision and will arrange to conduct such hearing as soon as practicable.

(1)FRA reserves the right to reopen any docket and reconsider any decision made pursuant to these emergency procedures based upon its own initiative or based upon information or comments received subsequent to the 72-hour comment period or at a later scheduled public hearing.

(2)FRA decision letters, either granting or denying a petition, will be posted in the appropriate ERD and will reference the document number of the petition to which it relates.

(3)Relief granted shall not extend for more than nine months.

(4)For matters that may significantly impact the missions of the Department of Homeland Security, FRA consults with the Department of Homeland Security as soon as practicable. Joseph H. Boardman, Federal Railroad Administrator. [FR Doc. 07-1667 Filed 4-6-07; 8:45 am]

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