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Code · REGISTER · 2007-09-17 · Environmental Protection Agency (EPA) · Rules and Regulations

Rules and Regulations. Direct final rule

37,360 words·~170 min read·/register/2007/09/17/07-4582

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

BILLING CODE 4165-16-M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2007-0276; FRL-8456-4] Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve a revision to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound
(VOC)emissions from the usage of solvents. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on November 16, 2007 without further notice, unless EPA receives adverse comments by October 17, 2007. If we receive such comments, we will publish a timely withdrawal in the **Federal Register** to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number RO9-OAR-2007-0276, by one of the following methods: 1. *Federal eRulemaking Portal:* *www.regulations.gov.* Follow the on-line instructions. 2. *E-mail:* *steckel.andrew@epa.gov.* 3. *Mail or deliver:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *www.regulations.gov* or e-mail. *www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA Region IX,
(415)947-4120, *allen.cynthia@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to EPA. Table of Contents I. The State's Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule revisions? II. EPA's Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rule D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State's Submittal A. What rule did the State submit? Table 1 lists the rule we are approving with the date that the amended rule was adopted by the local air agency and submitted by the California Air Resources Board (CARB). Table 1.—Submitted Rules Local Rule No. Rule title Adopted Submitted MDAQMD 442 Usage of Solvents 02/27/06 10/05/06 On October 24, 2006, we determined the submittal of October 5, 2006 met the completeness criteria in 40 CFR part 51 appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? We approved a version of San Bernardino County Air Pollution Control District Rule 442 into the SIP on June 9, 1982 (47 FR 25013). This rule remains effective in the portion of San Bernardino County that is under the MDAQMD's jurisdiction. We also approved a version of South Coast Air Quality Management District Rule 442 into the SIP on November 16, 1983 (48 FR 52054). This rule remains effective in the portion of Riverside County that is under the MDAQMD's jurisdiction. C. What is the purpose of the submitted rule revisions? VOCs help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. This rule was developed as part of the local air district's programs to control these pollutants. The purposes of the MDAQMD Rule 442 revisions relative to the SIP rule are as follows: • The rule is revised to conform to present MDAQMD rule format and to be consistent with other District rules. • Section (A)—This section has been renamed “General” to conform with standard MDAQMD rule format. Subsections (A)(1) `Purpose' and (A)(2) `Applicability' have been revised to update terminology to reflect current regulatory trends and to remove unnecessary and obsolete references. • Section (B)—This section has been modified to update the terminology to reflect current regulatory trends. A variety of other terms have been added and revised to conform to definitions contained in Regulation XIII. The organic materials definition was revised to more accurately reflect language that could be used to demonstrate compliance with other District rules requiring recording and labeling of VOC materials. • Section (C)—This section has been renamed “Requirements” and all procedural requirements have been moved to this section. The rule amendments remove restrictions to the use of non-photochemically reactive solvents and change the VOC usage restriction from 39.6 lbs/day to a monthly limit of 1190 lbs/month. • Section (D)—This section has been renamed “Exemptions” because all exemptions have been moved to this section. An exemption for aerosol products has been added. • Section (E)—This section has been renamed “Monitoring, Recordkeeping and Reporting.” The language in this section has been modified for consistency with other MDAQMD rules and regulations. • Section (F)—This section has been named “Test Methods” and contains the methods for determining VOC content. Test methods have been defined and language has been updated for consistency with other MDAQMD rules and regulations. • The current VOC emissions limit that allows disposal of up to 1.3 gallons per day of VOC by any means is made more stringent by prohibiting disposal of VOC in a manner that would allow evaporation of VOC into the atmosphere. • The current emissions limit of 18 kg (39.6 pounds) per day of photochemically reactive solvents is converted to the monthly emission limit of 540 kg (1,190 pounds) of VOC per month. • The current emissions limit for organic materials that come in contact with a flame, are baked, are heater cured, or are heat polymerized of 195 kg (429 pounds) per month is removed; however, the VOC emissions limit for these processes are covered by other rules in Regulations IV and XI. • The current emissions limit deletes the 8,036 kg (18,000 pounds) per day limit for “non-photochemically reactive” solvents. A part of these solvents are covered by the “VOC” limit and a part do not have a limit because they are not precursors to ozone. • A limit on VOC emissions from coating aerospace assemblies and a limit for tire manufactures expired by their own terms. • Exemptions for high solid or ultra-high solid materials are removed due to a change in VOC terminology. The revised Rule 442 will apply throughout the MDAQMD and will supersede the two SIP versions of the rule identified above. EPA's technical support document
(TSD)has more information about this rule. II. EPA's Evaluation and Action A. How is EPA evaluating this rule? Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology
(RACT)for major sources in nonattainment areas (see section 182(a)(2)(A)), and must not interfere with existing requirements concerning attainment of air quality standards (see section 110(1)) or relax existing control requirements (see section 193). The MDAQMD regulates an 8-hour ozone nonattainment area (see 40 CFR part 81). However, RACT is not required for Rule 442, because no major sources of VOC are expected to be covered by Rule 442. Major sources are covered by other rules in Regulations IV and XI. Guidance and policy documents that we used to evaluate the enforceability and legal sufficiency of this rule include the following: 1. “Requirements for Preparation, Adoption, and Submittal of Implementation Plans,” U.S. EPA, 40 CFR part 51. 2. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, May 25, 1988 (the Bluebook). 3. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” EPA Region 9, August 21, 2001 (the Little Bluebook). 4. “Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency,” September 23, 1987. 5. “General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,” at 57 FR 13498, April 16, 1992. B. Does the rule meet the evaluation criteria? We believe the rule is consistent with the relevant requirements and policy regarding enforceability, legal sufficiency, and SIP relaxations. The TSD has more information on our evaluation. C. EPA Recommendations to Further Improve the Rule The TSD describes additional rule revisions that do not affect EPA's current action but are recommended for the next time the local agency modifies the rule. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted MDAQMD Rule 442 because we believe it fulfills all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this **Federal Register** , we are simultaneously proposing approval of the same submitted rule. If we receive adverse comments by October 17, 2007, we will publish a timely withdrawal in the **Federal Register** to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on November 16, 2007. This will incorporate the rule into the federally enforceable SIP. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission; to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 16, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 25, 2007. Jane Diamond, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(347)(i)(C) to read as follows: § 52.220 Identification of plan.
(c)* * *
(347)* * *
(i)* * *
(C)Mojave Desert Air Quality Management District. ( *1* ) Rule 442, Adopted: 5/7/76; CARB Ex. Ord. G-73: 02/01/77; Readopted: 07/25/77; Amended: 02/02/79; Amended: 02/27/06. [FR Doc. E7-18064 Filed 9-14-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA-7989] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency
(FEMA)receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the **Federal Register** on a subsequent date. EFFECTIVE DATES: The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables. ADDRESSES: If you want to determine whether a particular community was suspended on the suspension date, contact the appropriate FEMA Regional Office. FOR FURTHER INFORMATION CONTACT: David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 *et seq.* , unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the **Federal Register** . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.* This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.* The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.* This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 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. § 64.6 [Amended] 2. The tables published under the authority of § 64.6 are amended as follows: State and Location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain federal assistance no longer available in SFHAs Region IV Georgia: Chickamauga, City of, Walker County. 130181 January 10, 1974, Emerg; September 5, 1979, Reg; September 5, 2007, Sups Sept. 5, 2007 Sept. 5, 2007 Columbus, City of, Muscogee County. 135158 June 19, 1970, Emerg; October 30, 1970, Reg; September 5, 2007, Sups ......do Do. Forest Park, City of, Clayton County. 130042 September 15, 1972, Emerg; May 16, 1977, Reg; September 5, 2007, Sups ......do Do. LaFayette, City of, Walker County. 130182 December 19, 1973, Emerg; February 15, 1978, Reg; September 5, 2007, Sups ......do Do. Lake City, City of, Clayton County. 130044 May 6, 1975, Emerg; September 4, 1986, Reg; September 5, 2007, Sups ......do Do. Morrow, City of, Clayton County. 130045 April 4, 1974, Emerg; February 16, 1983, Reg; September 5, 2007, Sups ......do Do. Porterdale, City of, Newtown County. 130145 July 31, 1975, Emerg; January 19, 1983, Reg; September 5, 2007, Sups ......do Do. Riverdale, City of, Clayton County. 130047 December 12, 1973, Emerg; February 15, 1978, Reg; September 5, 2007, Sups ......do Do. Rossville, City of, Walker County. 130183 December 19, 1973, Emerg; September 28, 1979, Reg; September 5, 2007, Sups ......do Do. Walker County, Unincorporated Areas. 130180 January 23, 1974, Emerg; September 28, 1979, Reg; September 5, 2007, Sups ......do Do. North Carolina: Brookford, Town of, Catawba County. 370051 July 24, 1975, Emerg; December 18, 1979, Reg; September 5, 2007, Sups ......do Do. Burke County, Unincorporated Areas. 370034 January 15, 1974, Emerg; June 17, 1991, Reg; September 5, 2007, Sups ......do Do. Catawba, Town of, Catawba County. 370052 July 8, 1974, Emerg; September 3, 1980, Reg; September 5, 2007, Sups ......do Do. Catawba County, Unincorporated Areas. 370050 October 24, 1973, Emerg; September 3, 1980, Reg; September 5, 2007, Sups ......do Do. Claremont, City of, Catawba County. 370557 May 29, 2003, Emerg; —, Reg; September 5, 2007, Sups ......do Do. Connelly Springs, Town of, Burke County. 370600 March 12, 2004, Emerg; —, Reg; September 5, 2007, Sups ......do Do. Conover, Town of, Catawba County. 370053 April 15, 1974, Emerg; September 3, 1980, Reg; September 5, 2007, Sups ......do Do. Hickory, City of, Catawba County. 370054 September 23, 1975, Emerg; August 3, 1981, Reg; September 5, 2007, Sups ......do Do. Hildebran, Town of, Burke County. 370519 June 7, 2007, Emerg; —, Reg; September 5, 2007, Sups ......do Do. Long View, Town of, Burke and Catawba Counties. 370055 June 17, 1975, Emerg; September 3, 1980, Reg; September 5, 2007, Sups ......do Do. Maiden, Township of, Catawba County. 370056 May 8, 1975, Emerg; September 3, 1980, Reg; September 5, 2007, Sups ......do Do. Morganton, City of, Burke County. 370035 November 14, 1973, Emerg; February 19, 1987, Reg; September 5, 2007, Sups ......do Do. Newton, City of, Catawba County. 370057 March 25, 1975, Emerg; September 3, 1980, Reg; September 5, 2007, Sups ......do Do. Rhodiss, Town of, Burke County. 370041 August 27, 1975, Emerg; July 3, 1986, Reg; September 5, 2007, Sups ......do Do. Region V Michigan: Cassopolis, Village of, Cass County. 260363 June 30, 1976, Emerg; June 1, 1979, Reg; September 5, 2007, Sups ......do Do. Edwardsburg, Village of, Cass County. 260364 March 16, 1977, Emerg; April 20, 1979, Reg; September 5, 2007, Sups ......do Do. Vandalia, Village of, Cass County. 260370 July 6, 1976, Emerg; December 14, 1979, Reg; September 5, 2007, Sups ......do Do. *-Do.-=Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Sups—Suspension. Dated: September 6, 2007. David I. Maurstad, Assistant Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-18236 Filed 9-14-07; 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
(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: Flooding Source(s) Location of referenced elevation # Depth in feet above ground modified * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)Communities affected Grafton County, New Hampshire (All Jurisdictions) Docket No.: FEMA-D-7672 Ammonoosuc River At the mouth of Ammonoosuc River *428 Towns of Haverhill, Lisbon, Landaff, and Bethlehem. Approximately 1.14 miles upstream of Littleton Dam in the Town of Littleton *878 Canaan Street Lake Entire shoreline *1,146 Town of Canaan. Connecticut River Approximately 2.85 miles downstream of State Route 25 (Bradford—Piermont bridge) *411 Town of Piermont. Approximately 1.48 miles downstream of Bedell Covered Bridge *414 Eastman Pond Entire shoreline *1,110 Town of Enfield. Hewes Brook Approximately 1,700 feet downstream of upstream crossing of Goose Pond Road *696 Town of Hanover. At downstream side of upstream crossing of Goose Pond Road *706 Pemigewasset River Approximately 1.41 miles upstream of confluence of Webster Pond Outlet *476 Town of Ashland. Approximately 1.17 miles downstream of Bridge Street *483 Squam Lake Entire shoreline *565 Town of Holderness. # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Ashland Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) web site at *http://www.granit.sr.unh.edu/dfirms.* Town of Bethlehem Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Canaan Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Enfield Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Hanover Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Haverhill Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Holderness Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Landiff Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Lisbon Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Town of Piermont Maps are available for inspection on the GRANIT's (Geographically Referenced Analysis and Information Transfer System) website at *http://www.granit.sr.unh.edu/dfirms.* Cleveland County, North Carolina and Incorporated Areas Docket No.: FEMA-B-7711 Adams Branch At the confluence with Knob Creek (into First Broad River) +890 Cleveland County (Unincorporated Areas), Town of Belwood. Approximately 50 feet upstream of Woodrow Hoyle Road (State Road 1624) +1,018 Tributary 1 At the confluence with Adams Branch +904 Cleveland County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence of Adams Branch +983 Ashworth Creek At the confluence with Broad River +669 Cleveland County (Unincorporated Areas). At the North Carolina/South Carolina State boundary +788 Tributary 5 At the confluence with Ashworth Creek +763 Cleveland County (Unincorporated Areas). Approximately 600 feet upstream of Wood Road +780 Bald Knob Creek At the confluence with Little Knob Creek +946 Cleveland County (Unincorporated Areas). Approximately 100 feet upstream of Pruitt Road +1,012 Beams Lake Approximately 275 feet upstream of the confluence with Hickory Creek (near Shelby) +735 City of Shelby. Approximately 260 feet upstream of the Dam +801 Beason Creek At the confluence with Buffalo Creek +621 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 1,540 feet upstream of Marion Street +913 Tributary 1 At the confluence of Beason Creek +633 Cleveland County (Unincorporated Areas). Approximately 600 feet upstream of the confluence with Beason Creek +639 Tributary 18 At the confluence with Beason Creek +851 City of Kings Mountain. Approximately 955 feet upstream of the confluence with Beason Creek +864 Beaverdam Creek (near Boiling Springs) At the confluence with First Broad River +642 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 170 feet upstream of Railroad +863 Tributary 11 At the confluence with Beaverdam Creek (near Boiling Springs) +729 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 1,640 feet upstream of West Dixon Boulevard/U.S. Route 74 +782 Tributary 6 At the confluence with Beaverdam Creek (near Boiling Springs) +700 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 40 feet upstream of East Homestead Avenue +782 Big Harris Creek At the confluence with First Broad River +754 Cleveland County (Unincorporated Areas). Approximately 410 feet upstream of Harris Creek Road +857 Bowens River At the North Carolina/South Carolina State boundary +656 Cleveland County (Unincorporated Areas). Approximately 1.0 mile upstream of Nickey Sharts Road +726 Broad River At the North Carolina/South Carolina State boundary +628 Cleveland County (Unincorporated Areas). At the confluence of Second Broad River +680 Brushy Creek At the confluence with First Broad River +699 Cleveland County (Unincorporated Areas), City of Shelby, Town of Kingstown. Approximately 0.5 mile upstream of the confluence of West Fork Brushy Creek +871 Tributary 6 At the confluence with Brushy Creek Tributary 6 +752 Cleveland County (Unincorporated Areas). Approximately 820 feet upstream of Barbee Road +780 Tributary 17 At the confluence with Brushy Creek +822 Cleveland County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Brushy Creek +841 Tributary 6 At the confluence with Brushy Creek +744 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 540 feet upstream of West Zion Church Road +841 Buck Branch (into West Fork Sandy Run) At the confluence with West Fork Sandy Run +801 Cleveland County (Unincorporated Areas). Approximately 1,000 feet upstream of the confluence with West Fork Sandy Run +803 Buffalo Creek Approximately 0.5 mile downstream of the North Carolina/South Carolina State boundary +595 Cleveland County (Unincorporated Areas), City of Kings Mountain, City of Shelby, Town of Belwood. Approximately 0.9 mile upstream of the confluence of Buffalo Creek Tributary 5 +1,015 Tributary 2 At the confluence with Buffalo Creek +607 Cleveland County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Buffalo Creek +631 Tributary 3 At the confluence with Buffalo Creek +611 Cleveland County (Unincorporated Areas). Approximately 1.2 miles upstream of Roseborough Road +678 Tributary 4 At the confluence with Buffalo Creek +662 Cleveland County (Unincorporated Areas). Approximately 80 feet upstream of Borders Road +732 Camp Creek At the confluence with Broad River +651 Cleveland County (Unincorporated Areas). Approximately 0.4 mile upstream of Abes Mountain Road +707 Church Branch At the confluence with Sandy Run +706 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 0.7 mile upstream of the confluence of Sandy Run +717 Cove Creek (into Wards Creek) At the confluence with Ward Creek +990 Cleveland County (Unincorporated Areas). Approximately 420 feet upstream of Brackett Hill Road +1,063 Cox Creek At the confluence with Ward Creek +947 Cleveland County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Ward Creek +993 Crooked Run Creek At the confluence with First Broad River +816 Cleveland County (Unincorporated Areas), Town of Casar. Approximately 1.4 miles upstream of Grady McNeilly Road +1,077 Dark Hollow Branch At the confluence with Hinton Creek +888 Cleveland County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Hinton Creek +894 Dixon Branch At the North Carolina/South Carolina State boundary +687 Cleveland County (Unincorporated Areas). Approximately 1,110 feet upstream of Dixon School Road +720 Duncans Creek At the confluence with First Broad River +882 Cleveland County (Unincorporated Areas). Approximately 0.5 mile upstream of Brooks Chapel Road +914 First Broad River At the confluence with Broad River +633 Cleveland County (Unincorporated Areas), City of Shelby, Town of Lawndale. Approximately 1.6 miles upstream of Moriah Church Road +933 Tributary 19 At the confluence with First Broad River +691 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 90 feet downstream of West Dixon Boulevard/Bypass 74 +799 Tributary 20 At the confluence with First Broad River +693 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 0.5 mile upstream of the confluence with First Broad River +697 Tributary 23 At the confluence with First Broad River +705 City of Shelby. Approximately 240 feet upstream of Kingsbury Street +767 Tributary 30 At the confluence with First Broad River +733 Cleveland County (Unincorporated Areas). Approximately 1,480 feet upstream of North Lafayette Street +733 Tributary 5 At the confluence with First Broad River +646 Cleveland County (Unincorporated Areas). Approximately 60 feet upstream of Red Road +661 Tributary of Tributary 19 At the confluence with First Broad River Tributary 19 +777 City of Shelby. Approximately 150 feet upstream of Gardner Street +837 Flint Hill Creek At the confluence with Hinton Creek +874 Cleveland County (Unincorporated Areas). Approximately 40 feet upstream of Hollis Road +910 Gilliam Creek At the confluence with Muddy Fork +783 Cleveland County (Unincorporated Areas). Approximately 150 feet downstream of Gilliam Creek Tributary 2 +809 Tributary 1 At the confluence with Gilliam Creek +786 Cleveland County (Unincorporated Areas). Approximately 1,700 feet upstream of Old Post Road +814 Tributary 2 Approximately 600 feet upstream of the confluence with Gilliam Creek +811 Cleveland County (Unincorporated Areas). Approximately 780 feet upstream of Marys Grove Road +818 Glenn Creek At the confluence with Buffalo Creek +889 Cleveland County (Unincorporated Areas), Town of Bellwood. At the Lincoln/Cleveland County boundary +898 Grassy Branch At the confluence with First Broad River +819 Cleveland County (Unincorporated Areas), Town of Polkville. Approximately 270 feet downstream of Enid Street +1,045 Grog Creek At the confluence with Sandy Run +679 Cleveland County (Unincorporated Areas). Approximately 1.0 mile upstream of Grog Creek Tributary 9 +833 Tributary 9 At the confluence with Grog Creek +808 Cleveland County (Unincorporated Areas). Approximately 0.4 mile upstream of Gantts Grove Church Road +840 Grover Tributary Approximately 0.3 mile upstream of the confluence with Buffalo Creek +620 Cleveland County (Unincorporated Areas), Town of Grover. Approximately 2.1 miles upstream of Bethlehem Church Road +930 Hawkins Branch At the confluence with Beaverdam Creek (near Boiling Springs) +642 Cleveland County (Unincorporated Areas). Approximately 700 feet upstream of Beaverdam Creek (near Boiling Springs) +642 Hickory Creek (near Shelby) At the confluence with First Broad River +676 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 0.4 mile upstream of Airport Road +842 Tributary 12 At the confluence with Hickory Creek (near Shelby) +795 City of Shelby. Approximately 560 feet upstream of Wendover Heights Drive +869 Tributary 8 At the confluence with Hickory Creek (near Shelby) +741 City of Shelby. Approximately 1,100 feet upstream of Weathers Street +848 Tributary 9 At the confluence with Hickory Creek (near Shelby) +747 City of Shelby. Approximately 0.4 mile upstream of Country Club Circle +784 Tributary of Tributary of Tributary 9 At the confluence with Hickory Creek (near Shelby) Tributary 9 +762 City of Shelby. Approximately 1,000 feet upstream of the confluence with Hickory Creek Tributary 9 +770 Tributary of Tributary 9 At the confluence with Hickory Creek (near Shelby) Tributary of Tributary 9 +764 City of Shelby. Approximately 650 feet upstream of confluence with Hickory Creek (near Shelby) Tributary of Tributary 9 +768 Hinton Creek At the confluence with First Broad River +860 Cleveland County (Unincorporated Areas). Approximately 0.9 mile upstream of Stroud Road +979 Tributary 8 At the confluence with Hinton Creek +909 Cleveland County (Unincorporated Areas). Approximately 150 feet upstream of Tan Yard Road +943 Jolly Branch At the confluence with Broad River +646 Cleveland County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Broad River +669 Kings Creek Approximately 860 feet downstream of the North Carolina/South Carolina State boundary +689 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 600 feet upstream of Interstate 85 +788 Tributary 6 At the confluence with Kings Creek +748 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 890 feet upstream of Interstate 85 +841 Kings Mountain Reservoir Entire shoreline +740 Cleveland County (Unincorporated Areas), City of Kings Mountain. Knob Creek (into First Broad River) At the confluence with First Broad River +806 Cleveland County (Unincorporated Areas), Town of Belwood. Approximately 590 feet upstream of the confluence of Knob Creek (into First Broad River) Tributary 5 +1,002 Tributary 3 At the confluence with Knob Creek (into First Broad River) +945 Cleveland County (Unincorporated Areas). Approximately 760 feet upstream of the confluence with Knob Creek (into First Broad River) +951 Tributary 5 At the confluence with Knob Creek (into First Broad River) +990 Cleveland County (Unincorporated Areas). Approximately 930 feet upstream of the confluence with Knob Creek (into First Broad River) +1,005 Lick Branch At the confluence with Buffalo Creek +603 Cleveland County (Unincorporated Areas). Approximately 50 feet downstream of Watterson Road +733 Little Buffalo Creek At the confluence with Buffalo Creek +835 Cleveland County (Unincorporated Areas). Approximately 60 feet upstream of East Stage Coach Trail +854 Little Creek At the confluence with Glenn Creek +891 Town of Belwood. At the Lincoln/Cleveland County boundary +961 Little Harris Creek At the confluence with Big Harris Creek +760 Cleveland County (Unincorporated Areas). Approximately 440 feet upstream of West Double Shoals Road +801 Little Hickory Creek At the confluence with Hickory Creek (near Shelby) +711 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 0.4 mile upstream of Duck Pond Road +821 Little Knob Creek At the confluence with Knob Creek (into First Broad River) +853 Cleveland County (Unincorporated Areas). At the confluence of Bald Knob Creek +946 Little Persimmon Creek At the confluence with Persimmon Creek +715 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 0.4 mile upstream of Brook Road +872 Logan Branch At the confluence with Sulpher Springs Branch +719 Cleveland County (Unincorporated Areas). Approximately 0.4 mile upstream of Ellis Road +743 Long Branch (into Beason Creek) At the confluence with Beason Creek +656 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 2.4 miles upstream of Bethlehem Church Road +826 Long Branch (into Buffalo Creek) At the confluence with Buffalo Creek +807 Cleveland County (Unincorporated Areas). Approximately 275 feet downstream of Jim Elliott Road +834 Long Creek At the confluence with Buffalo Creek +759 Cleveland County (Unincorporated Areas). Approximately 1.5 miles upstream of Arlee Drive +937 Mangess Creek At the confluence with First Broad River +766 Cleveland County (Unincorporated Areas). Approximately 240 feet upstream of Philadelphia Road +832 Tributary 3 At the confluence with Mangess Creek +803 Cleveland County (Unincorporated Areas). Approximately 120 feet upstream of Selkirk Drive +857 Mayne Creek At the confluence with Sandy Run. +778 Cleveland County (Unincorporated Areas). Approximately 900 feet upstream of Padgett Road +821 Tributary 3 At the confluence with Mayne Creek +789 Cleveland County (Unincorporated Areas). Approximately 0.3 mile upstream of West Zion Church Road +855 Tributary of Tributary 3 At the confluence with Mayne Creek Tributary 3 +797 Cleveland County (Unincorporated Areas). Approximately 350 feet downstream of West Zion Church Road +855 Muddy Fork At the confluence with Buffalo Creek +658 Cleveland County (Unincorporated Areas). At the Gaston/Cleveland County boundary +828 Tributary At the confluence with Muddy Fork +746 Cleveland County (Unincorporated Areas). Approximately 100 feet upstream of Beattie Road +877 Tributary 5 At the confluence with Muddy Fork +816 Cleveland County (Unincorporated Areas). Approximately 100 feet downstream of Doc Wehunt Road +818 No Business Creek At the confluence with First Broad River +910 Cleveland County (Unincorporated Areas). Approximately 30 feet upstream of Moriah School Road +1,032 Persimmon Creek At the confluence with Muddy Fork +708 Cleveland County (Unincorporated Areas). Approximately 60 feet upstream of Rollingbrook Road +824 Poplar Branch At the confluence with Beaverdam Creek (near Boiling Springs) +673 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 260 feet upstream of Patrick Avenue +745 Potts Creek At the confluence with Muddy Fork +659 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 1,100 feet upstream of Waco Road +886 Tributary 11 At the confluence with Potts Creek +859 City of Kings Mountain. Approximately 0.4 mile upstream of the confluence with Potts Creek +881 Tributary 6 At the confluence with Potts Creek +737 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 500 feet upstream of the confluence with Potts Creek +739 Poundingmill Creek At the confluence with Knob Creek (into First Broad River) +910 Cleveland County (Unincorporated Areas). Approximately 150 feet upstream of Boyles Road +1,027 Sandy Run At the confluence with Broad River +659 Cleveland County (Unincorporated Areas), Town of Boiling Springs, Town of Mooresboro. Approximately 0.5 mile upstream of Mooresboro Road +835 Tributary 12 At the confluence with Sandy Run +726 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 0.6 mile upstream of Sandy Run Church Road +792 Tributary 2 At the confluence with Sandy Run +668 Cleveland County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Sandy Run +690 Tributary 21 At the confluence with Sandy Run +748 Cleveland County (Unincorporated Areas). Approximately 1,750 feet upstream of West Dixon Boulevard/U.S. Route 74 +803 Second Broad River At the confluence with Broad River +680 Cleveland County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Broad River +681 Shoal Creek (into First Broad River) At the confluence with First Broad River +649 Cleveland County (Unincorporated Areas). Approximately 0.4 mile upstream of Bear Creek Road +741 Sipe Creek At the confluence with Kings Creek +758 Cleveland County (Unincorporated Areas), City of Kings Mountain. Approximately 270 feet upstream of Horseshoe Lane +782 Stoney Run Creek At the confluence with First Broad River +834 Cleveland County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with First Broad River +863 Suck Creek (into Broad River) At the confluence with Broad River +676 Cleveland County (Unincorporated Areas). Approximately 0.5 mile upstream of McCraw Road (State Road 1002) +770 Suck Creek (into Buffalo Creek) At the confluence with Buffalo Creek +768 Cleveland County (Unincorporated Areas). Approximately 1.3 miles upstream of Sperling Road +873 Sulpher Springs Branch At the confluence with Hickory Creek (near Shelby) +676 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 1,200 feet upstream of the confluence of Logan Branch +725 Swainsville Creek At the confluence with Beaverdam Creek (near Boiling Springs) +704 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 1.0 mile upstream of Beaver Dam Church Road +769 Tim Creek At the confluence with Ward Creek +1,075 Cleveland County (Unincorporated Areas). Approximately 1,350 feet upstream of Wards Gap Road +1,088 UT between Shelby Raw Water Intakes At the confluence with First Broad River +714 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 0.5 mile upstream of Frederick Street +881 Ward Creek At the confluence with First Broad River +883 Cleveland County (Unincorporated Areas), Town of Casar. Approximately 0.4 mile upstream of South Valley Road +1,101 West Fork Brushy Creek At the confluence with Brushy Creek +861 Cleveland County (Unincorporated Areas). Approximately 1,350 feet upstream of Crowder Ridge Road +879 West Fork Sandy Run At the confluence with Sandy Run +778 Cleveland County (Unincorporated Areas). Approximately 200 feet upstream of the confluence of Buck Branch (into West Fork Sandy Run) +801 Whiteoak Creek At the confluence with Buffalo Creek +740 Cleveland County (Unincorporated Areas), City of Kings Mountain, Town of Waco. Approximately 0.5 mile upstream of State Route 150 +924 Williams Creek At the confluence with First Broad River +721 Cleveland County (Unincorporated Areas), City of Shelby. Approximately 330 feet upstream of North Lafayette Street +744 Yancey Creek At the confluence with First Broad River +633 Cleveland County (Unincorporated Areas), Town of Boiling Springs. Approximately 0.8 mile upstream of Keen Drive +861 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Kings Mountain Maps are available for inspection at the Kings Mountain City Hall, 101 West Gold Street, Kings Mountain, North Carolina. City of Shelby Maps are available for inspection at the City of Shelby Planning Department, 315 South Lafayette Street, Shelby, North Carolina. Town of Belwood Maps are available for inspection at the Belwood Town Hall, 916 Belwood-Lawndale Road, Lawndale, North Carolina. Town of Boiling Springs Maps are available for inspection at the Boiling Springs Town Hall, 145 South Main Street, Boiling Springs, North Carolina. Town of Casar Maps are available for inspection at the Casar Town Hall, 137 Deviney Street, Casar, North Carolina. Town of Grover Maps are available for inspection at the Grover Town Hall, 207 Mulberry Road, Grover, North Carolina. Town of Kingstown Maps are available for inspection at the Kingstown Town Hall, 2014 Kingston Road, Kingstown, North Carolina. Town of Lawndale Maps are available for inspection at the Lawndale Town Hall, 207 West Main Street, Lawndale, North Carolina. Town of Mooresboro Maps are available for inspection at the Mooresboro Town Hall, 211 West Church Street, Mooresboro, North Carolina. Town of Polkville Maps are available for inspection at the Polkville Town Hall, 1234 Shytle Drive, Polkville, North Carolina. Town of Waco Maps are available for inspection at the Waco Town Hall, 200 North Main Street, Waco, North Carolina. Cleveland County (Unincorporated Areas) Maps are available for inspection at the Cleveland County Planning Department, 311 East Marion Street, Shelby, North Carolina. Montgomery County, North Carolina and Incorporated Areas Docket No.: FEMA-B-7708 Alls Fork At the confluence with Beaverdam Creek +511 Montgomery County (Unincorporated Areas). At the Montgomery/Davidson County boundary +511 Arnett Branch At the confluence with Densons Creek +504 Montgomery County (Unincorporated Areas). Approximately 75 feet downstream of Substation Road (State Road 1315) +519 Asheworth Branch At the confluence with Little River +562 Montgomery County (Unincorporated Areas). Approximately 200 feet upstream of King Drive +574 Barnes Creek At the confluence with Uwharrie River +330 Montgomery County (Unincorporated Areas). Approximately 1,570 feet upstream of Flint Hill Road +483 Barnes Mill Creek At the confluence with West Fork Little River +480 Montgomery County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with West Fork Little River +523 Beaverdam Creek At the confluence with Reynolds Creek +511 Montgomery County (Unincorporated Areas). At the Montgomery/Davidson County boundary +511 Betsy Creek At the confluence with West Fork Little River +588 Montgomery County (Unincorporated Areas). Approximately 1,330 feet upstream of Smith Farm Road +630 Big Creek Approximately 1,200 feet upstream of the confluence with Little River +363 Montgomery County (Unincorporated Areas). Approximately 3.1 miles upstream of the confluence of Little Creek +604 Big Mountain Creek At the Montgomery/Richmond County boundary +378 Montgomery County (Unincorporated Areas). Approximately 890 feet upstream of Big Mountain Creek Tributary 2 +454 Tributary 1 At the confluence with Big Mountain Creek +432 Montgomery County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Big Mountain Creek +449 Tributary 2 At the confluence with Big Mountain Creek +450 Montgomery County (Unincorporated Areas). Approximately 1,800 feet upstream of the confluence with Big Mountain Creek +471 Big Town Creek At the confluence with Little River +211 Montgomery County (Unincorporated Areas). Approximately 1.44 miles upstream of NC 732 Highway +368 Big Wolf Branch At the confluence with Little Hamer Creek +257 Montgomery County (Unincorporated Areas). Approximately 200 feet upstream of Warner Farm Road +283 Bishop Creek At the confluence with Dumas Creek +486 Montgomery County (Unincorporated Areas). Approximately 1.5 miles upstream of Shiloh Church Road +563 Bridgers Creek Approximately 1,000 feet upstream of the confluence with Little River +380 Montgomery County (Unincorporated Areas). Approximately 680 feet downstream of Currie Road +549 Cabin Creek At the Montgomery/Moore County boundary +486 Montgomery County (Unincorporated Areas). Approximately 0.8 mile upstream of U.S. Highway 220 +587 Tributary At the confluence with Cabin Creek +538 Montgomery County (Unincorporated Areas). Approximately 1,000 feet upstream of Post Office Road +557 Cedar Creek Approximately 500 feet upstream of the confluence with Little River +389 Montgomery County (Unincorporated Areas). Approximately 0.66 mile upstream of McCaskill Road +540 Cheek Creek At the Montgomery/Richmond County boundary +207 Montgomery County (Unincorporated Areas). Approximately 2.0 miles upstream of the confluence of Indian Branch +418 Clark's Creek Tributary Approximately 80 feet upstream of the railroad +284 Town of Mount Gilead. At NC Highway 731 +289 Clark's Creek At the confluence with Pee Dee River +230 Montgomery County (Unincorporated Areas). Approximately 1.6 miles upstream of NC Highway 24/27 +539 Cotton Creek At the Montgomery/Moore County boundary +477 Montgomery County (Unincorporated Areas). Approximately 40 feet upstream of Cotton Creek Road +507 Densons Creek At the confluence with Little River +395 Montgomery County (Unincorporated Areas), Town of Troy. Approximately 600 feet upstream of Substation Road +520 Dicks Creek At the confluence with Little River +415 Montgomery County (Unincorporated Areas). Just downstream of the confluence of Lick Creek +481 Tributary 1 At the confluence with Dicks Creek +424 Montgomery County (Unincorporated Areas), Town of Biscoe. Approximately 1.8 miles upstream of Dicks Creek +576 Disons Creek At the confluence with Little River +218 Montgomery County (Unincorporated Areas). Approximately 580 feet upstream of Calvery Church Road +333 Tributary 1 At the confluence with Disons Creek +304 Montgomery County (Unincorporated Areas). Approximately 0.58 mile upstream of the confluence with Disons Creek +337 Drowning Creek At the Montgomery/Moore/Richmond County boundary +368 Montgomery County (Unincorporated Areas). Approximately 1.5 miles upstream of Dowd Road +672 Tributary 1 At the confluence with Drowning Creek +406 Montgomery County (Unincorporated Areas). Approximately 0.5 mile upstream of Bennett Road +514 Dry Creek At the confluence with Big Mountain Creek +389 Montgomery County (Unincorporated Areas). Approximately 1,340 feet upstream of Graham Road +405 Dumas Creek At the confluence with Densons Creek +452 Montgomery County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence of Flat Rock Branch +637 Duncombe Creek At the confluence with Uwharrie River +341 Montgomery County (Unincorporated Areas). Approximately 0.5 mile upstream of Uwharrie River +367 Dutchmans Creek Approximately 800 feet upstream of the confluence with Uwharrie River +289 Montgomery County (Unincorporated Areas). Approximately 330 feet upstream of River Road +348 Flat Rock Branch At the confluence with Dumas Creek +581 Montgomery County (Unincorporated Areas). Approximately 0.4 mile upstream of Dumas Creek +598 Garr Creek At the confluence with Yadkin River +511 Montgomery County (Unincorporated Areas). Approximately 280 feet upstream of Tuckertown Road +516 Glady Fork At the confluence with Reynolds Creek +511 Montgomery County (Unincorporated Areas). Approximately 0.6 mile upstream of NC 109 Highway +574 Hickory Branch At the confluence with White Oak Creek +540 Montgomery County (Unincorporated Areas), Town of Biscoe. Approximately 330 feet upstream of West Main Street +595 Indian Branch At the confluence with Cheek Creek +337 Montgomery County (Unincorporated Areas). Approximately 0.6 mile upstream of Cheek Creek +358 Lick Creek At the confluence with Dicks Creek +481 Montgomery County (Unincorporated Areas). Approximately 30 feet upstream of the confluence of Lick Creek Tributary 1 +544 (into Cotton Creek) At the confluence with Cotton Creek +507 Montgomery County (Unincorporated Areas). Approximately 1.1 miles upstream of Cotton Creek Road +525 Tributary 1 At the confluence with Lick Creek +544 Montgomery County (Unincorporated Areas), Town of Biscoe. Approximately 650 feet upstream of Jackson Drive +569 Tributary 2 At the confluence with Lick Creek +501 Montgomery County (Unincorporated Areas), Town of Biscoe. Approximately 0.6 mile upstream of Wright Road +572 Tributary 2A At the confluence with Lick Creek Tributary 2 +512 Montgomery County (Unincorporated Areas), Town of Biscoe. Approximately 590 feet upstream of Shady Oak Drive +545 Lick Fork At the upstream side of CC Camp Road +301 Montgomery County (Unincorporated Areas). Approximately 350 feet upstream of NC Highway 27/24 +584 Tributary 1 At the confluence with Lick Fork +455 Montgomery County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Lick Fork +491 Little Creek At the confluence with Big Creek +464 Montgomery County (Unincorporated Areas). Approximately 850 feet upstream of McCallum Road +487 Little Dry Creek At the confluence with Big Creek +374 Montgomery County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Big Creek +396 Little Dumas Creek At the confluence with Dumas Creek +553 Montgomery County (Unincorporated Areas). Approximately 1.6 miles upstream of Shiloh Church Road +678 Little Hamer Creek At the Montgomery/Richmond County boundary +241 Montgomery County (Unincorporated Areas). Approximately 1.1 miles upstream of Gaddy Farm Road +298 Little River At the Montgomery/Richmond County boundary +207 Montgomery County (Unincorporated Areas). At the Montgomery/Randolph County boundary +572 Tributary 1 Approximately 2,000 feet upstream of the confluence with Little River +383 Montgomery County (Unincorporated Areas). Approximately 0.7 mile upstream of Little River +400 Long Branch At the confluence with Little River +360 Montgomery County (Unincorporated Areas). Approximately 310 feet upstream of Hicks Road +386 McLeans Creek At the confluence with Moccasin Creek +338 Montgomery County (Unincorporated Areas). Approximately 1.3 miles upstream of Mullinix Road +458 Middle Prong Hamer Creek At the Montgomery/Richmond County boundary +247 Montgomery County (Unincorporated Areas). Approximately 0.5 mile upstream of Melton Grove Church Road +296 Moccasin Creek Approximately 1,500 feet upstream of the confluence with Uwharrie River +322 Montgomery County (Unincorporated Areas). Approximately 100 feet upstream of the confluence with West Branch +348 Mountain Branch At the confluence with Glady Fork +523 Montgomery County (Unincorporated Areas). At the Montgomery/Davidson County boundary +600 Naked Creek (into Drowning Creek) At the Montgomery/Richmond County boundary +458 Montgomery County (Unincorporated Areas). Approximately 1,400 feet downstream of Belford Church Road +544 Nichols Run At the confluence with West Fork Little River +545 Montgomery County (Unincorporated Areas). Approximately 1,350 feet upstream of Lucas Road +596 Tributary 1 At the confluence with Nichols Run +555 Montgomery County (Unincorporated Areas). Approximately 0.9 mile upstream of NC 134 Highway N +596 Pee Dee River At the Montgomery/Richmond County boundary +220 Montgomery County (Unincorporated Areas). At the confluence of Yadkin River and Uwharrie River +287 Tributary 5 At the confluence with Pee Dee River +222 Montgomery County (Unincorporated Areas). Approximately 0.9 mile upstream of Pee Dee River +242 Poison Fork At the confluence with Barnes Creek +454 Montgomery County (Unincorporated Areas). Approximately 2.3 miles upstream of Flint Hill Road +567 Polly Branch At the confluence with Cheek Creek +296 Montgomery County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Cheek Creek +333 Reedy Fork At the confluence with Cedar Creek +537 Montgomery County (Unincorporated Areas). Approximately 0.6 mile upstream of Cedar Creek +577 Reynolds Creek At the confluence with Yadkin River +511 Montgomery County (Unincorporated Areas). At the Montgomery/Davidson County boundary +522 Rock Branch At the confluence with Big Creek +446 Montgomery County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Big Creek +470 Rocky Creek
(East)At the confluence with Little River +316 Montgomery County (Unincorporated Areas). Approximately 0.41 mile upstream of Mount Carmel Church Road +646 Tributary 1 At the confluence with Rocky Creek +633 Montgomery County (Unincorporated Areas). Approximately 0.5 mile upstream of Mount Carmel Church Road +667 Rocky Creek
(West)At the confluence with Pee Dee River +280 Montgomery County (Unincorporated Areas). Approximately 0.6 mile upstream of NC Highway 24/27 +362 Sand Branch At the confluence with Cheek Creek +304 Montgomery County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Cheek Creek +318 Silver Creek Approximately 400 feet upstream of County Line Road +386 Montgomery County (Unincorporated Areas). Approximately 1.2 miles upstream of County Line Road +413 Suck Branch At the confluence with Densons Creek +428 Town of Troy. Just downstream of Williamson Road +528 Suggs Creek At the confluence with Little River +505 Montgomery County (Unincorporated Areas). Approximately 0.5 mile upstream of Suggs Creek Tributary +603 Suggs Creek Tributary At the confluence with Suggs Creek +586 Montgomery County (Unincorporated Areas). Approximately 0.8 mile upstream of Suggs Creek +612 Susies Creek At the confluence with Little River +214 Montgomery County (Unincorporated Areas). Approximately 0.4 mile upstream of NC Highway 731 +272 Thickety Creek At the confluence with Little River +230 Montgomery County (Unincorporated Areas). Approximately 1.2 miles upstream of Thickety Creek Road +306 Townsend Branch At the confluence with Woodwards Branch +257 Montgomery County (Unincorporated Areas). Approximately 2.2 miles upstream of the confluence with Woodwards Branch +307 Turkey Creek Approximately 1,550 feet upstream of the confluence with Little River +378 Montgomery County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Little River +397 Unnamed Tributary to Wolf Branch Creek Approximately 1,000 feet downstream of Nelson Store Road +241 Montgomery County (Unincorporated Areas). Approximately 850 feet upstream of Nelson Store Road +248 Uwharrie River At the confluence with Yadkin River +287 Montgomery County (Unincorporated Areas). Approximately 1.7 miles upstream of Low Water Bridge Road +369 Warner Creek At the confluence with Rocky Creek
(East)+417 Montgomery County (Unincorporated Areas). Approximately 1.7 miles upstream of Saunders Road +472 West Branch At the confluence with Moccasin Creek +348 Montgomery County (Unincorporated Areas). Approximately 1.2 miles upstream of McLeans Creek Road +403 West Fork Little River At the confluence with Little River +432 Montgomery County (Unincorporated Areas). At the Montgomery/Randolph County boundary +615 West Prong Hamer Creek At the confluence with Middle Prong Hamer Creek +248 Montgomery County (Unincorporated Areas). Approximately 1.2 miles upstream of NC 109 Highway S +293 White Oak Creek At the confluence with Cedar Creek +455 Montgomery County (Unincorporated Areas). Approximately 0.4 mile upstream of Martin Street +608 Tributary 1 At the confluence with White Oak Creek +521 Montgomery County (Unincorporated Areas), Town of Biscoe. Approximately 1,600 feet upstream of Quinton Road +580 Tributary 1A At the confluence with White Oak Creek Tributary 1 +541 Montgomery County (Unincorporated Areas). Approximately 0.4 mile upstream of White Oak Creek Tributary 1 +573 Wolf Creek Approximately 1,000 feet downstream of Hogan Farm Road +519 Montgomery County (Unincorporated Areas). Approximately 1,700 feet upstream of U.S. Highway 220 +628 Wolf Creek Tributary At the confluence with Wolf Creek +542 Montgomery County (Unincorporated Areas). Approximately 50 feet downstream of Wolf Creek Road +609 Woodwards Branch At the confluence with Cheek Creek +255 Montgomery County (Unincorporated Areas). Approximately 1,320 feet upstream of NC 731 Highway E +270 Yadkin River At the confluence of Pee Dee River and Uwharrie River +287 Montgomery County (Unincorporated Areas). Approximately 13.3 miles upstream of Uwharrie River +566 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Biscoe Maps are available for inspection at the Biscoe Town Hall, 110 West Main Street, Biscoe, North Carolina. Town of Mount Gilead Maps are available for inspection at the Mount Gilead Town Hall, 110 West Allenton Street, Mount Gilead, North Carolina. Montgomery County (Unincorporated Areas) Maps are available for inspection at the Montgomery County Inspections and Zoning Office, 219 South Main Street, Troy, North Carolina. Town of Troy Maps are available for inspection at the Troy Town Hall, 315 North Main Street, Troy, North Carolina. Randolph County, North Carolina and Incorporated Areas Docket Nos.: FEMA-D-7630, FEMA-D-7686, and FEMA-D-7694 Asheworth Branch At the Randolph/Montgomery County boundary +574 Randolph County (Unincorporated Areas). Approximately 215 feet upstream of King Drive +574 Bachelor Creek At the confluence with Richland Creek +455 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence of Bachelor Creek Tributary 5 +653 Tributary 1 At the confluence with Bachelor Creek +472 Randolph County (Unincorporated Areas). Approximately 480 feet upstream of Osborn Mill Road +513 Tributary 2 At the confluence with Bachelor Creek +506 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Bachelor Creek +525 Tributary 3 At the confluence with Bachelor Creek +515 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of Bachelor Creek Road +615 Tributary 4 At the confluence with Bachelor Creek +620 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Bachelor Creek +637 Tributary 5 At the confluence with Bachelor Creek +637 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Bachelor Creek +656 Back Creek At the confluence with Caraway Creek +429 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 110 feet upstream of the confluence of Back Creek Tributary 1 +572 Tributary 1 At the confluence with Back Creek +571 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of Heath Dairy Road (State Road 1511) +606 Tributary 1A At the confluence with Back Creek Tributary 1 +597 Randolph County (Unincorporated Areas). Approximately 1,050 feet upstream of the confluence with Back Creek Tributary 1 +602 Betty McGees Creek At the confluence with Uwharrie River +397 Randolph County (Unincorporated Areas). Approximately 3.7 miles upstream of Lassiter Mill Road (State Road 1107) +505 Big Branch At the confluence with Little River +656 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Little River +686 Blood Run Creek At the confluence with Brush Creek +495 Randolph County (Unincorporated Areas). At the Randolph/Chatham County boundary +495 Boodom Creek At the confluence with Sandy Creek +565 Randolph County (Unincorporated Areas). Approximately 0.6 mile upstream of Unnamed Road +690 Tributary 1 At the confluence with Boodom Creek +565 Randolph County (Unincorporated Areas). Approximately 2.1 miles upstream of the confluence with Boodom Creek +734 Tributary 2 At the confluence with Boodom Creek +582 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 480 feet upstream of Troy Estate Road +727 Brier Creek At the confluence with Little Uwharrie River +534 Randolph County (Unincorporated Areas). At the Davidson/Randolph County boundary +546 Tributary 1 At the confluence with Brier Creek +546 Randolph County (Unincorporated Areas). Approximately 1,035 feet upstream of Hughes Grove Road (State Road 1400) +585 Brush Creek At the confluence with Deep River +363 Randolph County (Unincorporated Areas). Approximately 200 feet upstream of Langley Road +612 Tributary 1 At the confluence with Brush Creek +568 Randolph County (Unincorporated Areas). Approximately 630 feet upstream of Browns Crossroads Road +597 Bush Creek At the confluence with Deep River +491 Randolph County (Unincorporated Areas), Town of Franklinville Approximately 0.4 mile upstream of Old Liberty Road +708 Tributary At the confluence with Bush Creek +572 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of Whites Memorial Drive +625 Cable Creek At the confluence with Back Creek +436 Randolph County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Back Creek +456 Caraway Creek At the confluence with Uwharrie River +411 Randolph County (Unincorporated Areas), City of Archdale Approximately 1.6 miles upstream of Roy Farlow Road (State Road 1534) +715 Tributary 1 At the confluence with Caraway Creek +494 Randolph County (Unincorporated Areas). Approximately 1.0 mile upstream of Sawyer Road +594 Tributary 2 At the confluence with Caraway Creek +543 Randolph County (Unincorporated Areas). Approximately 1,300 feet upstream of Beeson Farm Road (State Road 1525) +627 Tributary 3 At the confluence with Caraway Creek +681 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Caraway Creek +691 Cedar Fork Creek At the confluence with Back Creek +474 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 760 feet upstream of South Church Street +844 Deep River At the Randolph/Moore County boundary +354 Randolph County (Unincorporated Areas), City of Asheboro, City of Randleman, Town of Franklinville, Town of Ramseur At the Randolph/Guilford County boundary +672 Tributary 15 At the confluence with Deep River +446 Randolph County (Unincorporated Areas), Town of Ramseur. Approximately 1,160 feet upstream of U.S. Highway 64 +549 Tributary 16 At the confluence with Deep River +450 Randolph County (Unincorporated Areas), Town of Ramseur. Approximately 1.8 miles upstream of NC 22 +520 Tributary 17 At the confluence with Deep River +459 Randolph County (Unincorporated Areas), Town of Franklinville. Approximately 0.9 mile upstream of U.S. Highway 64 +529 Tributary 18 At the confluence with Deep River +467 Randolph County (Unincorporated Areas), Town of Franklinville. Approximately 0.5 mile upstream of Depot Street +600 Tributary 19 At the confluence with Deep River Tributary 18 +478 Randolph County (Unincorporated Areas), Town of Franklinville. Approximately 1,850 feet upstream of Clark Avenue +562 Tributary 20 At the confluence with Deep River +600 Randolph County (Unincorporated Areas), City of Randleman. Approximately 1,320 feet upstream of Worthville Street +675 Tributary 21 At the confluence with Deep River +604 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of Sunset Drive +687 Tributary 22 At the confluence with Deep River Tributary 21 +634 Randolph County (Unincorporated Areas), City of Randleman. Approximately 0.7 mile upstream of Bowman Avenue +698 Tributary 23 At the confluence with Deep River Tributary 22 +661 Randolph County (Unincorporated Areas), City of Randleman. Approximately 800 feet upstream of Brookwood Acres Drive +736 Tributary 24 At the confluence with Deep River +623 Randolph County (Unincorporated Areas), City of Randleman. Approximately 0.9 mile upstream of Business 220 +724 Tributary 26 At the confluence with Deep River +664 Randolph County (Unincorporated Areas). At the Randolph/Guilford County boundary +704 Dodsons Lake At the confluence with Sandy Creek +583 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of Julian Airport Road +642 Tributary 2 At the confluence with Dodsons Lake +613 Randolph County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with Dodsons Lake +626 Tributary 1 At the confluence with Dodsons Lake +608 Randolph County (Unincorporated Areas). Approximately 420 feet upstream of Upper Three Lakes Dam +655 Fork Creek At the confluence with Deep River +354 Randolph County (Unincorporated Areas). Approximately 2.3 miles upstream of the confluence with Fork Creek Tributary 1 +642 Tributary 1 At the confluence with Fork Creek +507 Randolph County (Unincorporated Areas). Approximately 600 feet upstream of Seagrove Plank Road +734 Tributary 2 At the confluence with Fork Creek Tributary 1 +516 Randolph County (Unincorporated Areas). Approximately 2.0 miles upstream of Angel Fire Trail +645 Tributary 3 At the confluence with Fork Creek Tributary 1 +555 Randolph County (Unincorporated Areas), Town of Seagrove. Approximately 1.6 miles upstream of the confluence with Fork Creek Tributary 1 +622 Gabriels Creek At the confluence with Deep River +548 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 480 feet upstream of Green Valley Road +703 Tributary 1 At the confluence with Gabriels Creek +551 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 1,900 feet upstream of Old Cedar Falls Road +696 Tributary 2 At the confluence with Gabriels Creek +594 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 0.7 mile upstream of Henley Country Road +695 Hannahs Creek At the confluence with Uwharrie River +392 Randolph County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Robbins Branch +517 Hasketts Creek At the confluence with Deep River +580 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 1,270 feet upstream of West Presnell Street +816 Tributary 1 Just downstream of Northwood Drive +670 City of Asheboro. Approximately 420 feet upstream of McKnight Street +685 Tributary 2 At the confluence with Hasketts Creek +734 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 0.6 mile upstream of West Presnell Street +794 Jackson Creek At the confluence with Uwharrie River +418 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of Jackson Creek Road (State Road 1314) +565 Kings Creek At the confluence with Little River +585 Randolph County (Unincorporated Areas) Approximately 1.4 miles upstream of the confluence with Little River +607 Lakes Creek At the confluence with Uwharrie River +372 Randolph County (Unincorporated Areas) Approximately 0.4 mile upstream of the confluence with Uwharrie River +418 Lambert Creek At the confluence with Fork Creek +453 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Fork Creek +468 Laniers Creek At the confluence with Uwharrie River +385 Randolph County (Unincorporated Areas). Approximately 150 feet downstream of Johnson Farm Road (State Road 1262) +558 Little Brush Creek At the confluence with Brush Creek +409 Randolph County (Unincorporated Areas). At the Randolph/Chatham County boundary +454 Little Caraway Creek At the confluence with Caraway Creek +461 Randolph County (Unincorporated Areas). Approximately 1.9 miles upstream of the confluence of Little Caraway Creek Tributary 1 +598 Tributary 1 At the confluence with Little Caraway Creek +536 Randolph County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Little Caraway Creek +568 Little Polecat Creek At the confluence with Polecat Creek +658 Randolph County (Unincorporated Areas). Approximately 1,050 feet upstream of dam +769 Tributary 1 At the confluence with Little Polecat Creek +681 Randolph County (Unincorporated Areas). Approximately 1.4 miles upstream of New Salem Road +788 Tributary 2 At the confluence with Little Polecat Creek Tributary 1 +746 Randolph County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with Little Polecat Creek Tributary 1 +789 Tributary 3 At the confluence with Little Polecat Creek +699 Randolph County (Unincorporated Areas). Approximately 0.9 mile upstream of Bethel Church Road +753 Tributary 4 At the confluence with Little Polecat Creek +705 Randolph County (Unincorporated Areas). Approximately 740 feet upstream of Hunting Lodge Road +742 Tributary 5 At the confluence with Little Polecat Creek Tributary 4 +709 Randolph County (Unincorporated Areas). Approximately 0.9 mile upstream of Hunting Lodge Road +763 Little River At the Randolph/Montgomery County boundary +572 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of Southmont Drive (State Road 1145) +742 Tributary 10 At the confluence with Little River +669 Randolph County (Unincorporated Areas). Approximately 1,645 feet upstream of the confluence with Little River +678 Tributary 11 At the confluence with Little River +672 Randolph County (Unincorporated Areas). Approximately 1,340 feet upstream of the confluence with Little River +680 Tributary 12 At the confluence with Little River +718 Randolph County (Unincorporated Areas). Approximately 230 feet upstream of U.S. Highway 220 +759 Tributary 2 At the confluence with Little River +578 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little River +598 Tributary 3 At the confluence with Little River +586 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little River +606 Tributary 4 At the confluence with Little River +588 Randolph County (Unincorporated Areas). Approximately 1,210 feet upstream of the confluence with Little River +607 Tributary 5 At the confluence with Little River +601 Randolph County (Unincorporated Areas). Approximately 1,825 feet upstream of NC Highway 134 +631 Tributary 6 At the confluence with Little River +614 Randolph County (Unincorporated Areas). Approximately 1,415 feet upstream of the confluence with Little River +653 Tributary 7 At the confluence with Little River +651 Randolph County (Unincorporated Areas). Approximately 1,190 feet upstream of the confluence with Little River +664 Tributary 8 At the confluence with Little River +653 Randolph County (Unincorporated Areas). Approximately 1,870 feet upstream of the confluence with Little River +665 Tributary 9 At the confluence with Little River +664 Randolph County (Unincorporated Areas) Approximately 1,375 feet upstream of the confluence with Little River +686 Little Uwharrie River At the confluence with Uwharrie River +457 Randolph County (Unincorporated Areas), City of Trinity. Approximately 0.4 mile upstream of NC Highway 62 +891 Tributary 1 At the confluence with Little Uwharrie River +492 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Little Uwharrie River +506 Tributary 10 At the confluence with Little Uwharrie River +814 Randolph County (Unincorporated Areas), City of Trinity. At the Davidson/Randolph County boundary +858 Tributary 10A At the confluence with Little Uwharrie River Tributary 10 +826 Randolph County (Unincorporated Areas), City of Trinity. Approximately 0.7 mile upstream of the confluence with Little Uwharrie River Tributary 10 +904 Tributary 11 At the confluence with Little Uwharrie River +829 City of Trinity. At the Davidson/Randolph County boundary +848 Tributary 11A At the confluence with Little Uwharrie River Tributary 11 +839 City of Trinity. Just upstream of the Davidson/Randolph County boundary +876 Randolph County (Unincorporated Areas). Tributary 4 At the confluence with Little Uwharrie River 691 Randolph County (Unincorporated Areas). Approximately 880 feet upstream of Courtland Drive (State Road 3253) +888 Tributary 5 At the confluence with Little Uwharrie River +704 Randolph County (Unincorporated Areas). Approximately 90 feet upstream of Refuge Church Drive +790 Tributary 6 At the confluence with Little Uwharrie River +734 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Little Uwharrie River +896 Tributary 6A At the confluence with Little Uwharrie River Tributary 6 +745 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little Uwharrie River Tributary 6 +850 Tributary 7 At the confluence with Little Uwharrie River +779 Randolph County (Unincorporated Areas), City of Trinity. Approximately 1,220 feet upstream of Finch Farm Road (State Road 1547) +841 Tributary 8 At the confluence with Little Uwharrie River +793 Randoph County (Unincorporated Areas), City of Trinity. Approximately 1.0 mile upstream of the confluence with Little Uwharrie River +897 Tributary 8A At the confluence with Little Uwharrie River Tributary 8 +795 Randoph County (Unincorporated Areas), City of Trinity. Approximately 0.6 mile upstream of the confluence with Little Uwharrie River Tributary 8 +886 Long Branch At the confluence with Cedar Fork Creek +508 Randoph County (Unincorporated Areas), City of Asheboro. Approximately 0.5 mile upstream of Wilson Drive +666 Mill Creek (into Deep River) At the confluence with Deep River +431 Randolph County (Unincorporated Areas). Approximately 1.0 mile upstream of Iron Mountain Road +619 Mill Creek (into Uwharrie River) At the confluence with Uwharrie River +384 Randolph County (Unincorporated Areas). Approximately 390 feet upstream of Lassiter Mill Road (State Road 1107) +400 Tributary 1 At the confluence with Mill Creek +543 Randolph County (Unincorporated Areas). Approximately 1,500 feet upstream of Woods Stream Lane +631 Tributary 2 At the confluence with Mill Creek +547 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Mill Creek Tributary 3 +609 Tributary 3 At the confluence with Mill Creek Tributary 2 +572 Randolph County (Unincorporated Areas). Approximately 1,800 feet upstream of dam +600 Tributary 4 At the confluence with Mill Creek +585 Randolph County (Unincorporated Areas). Approximately 0.9 mile upstream of Creekway Ridge +618 Millstone Creek At the confluence with Deep River +429 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of Lee Layne Road +466 Mount Pleasant Creek At the confluence with Sandy Creek +503 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of Land Estates Drive +615 Muddy Creek At the confluence with Deep River +638 Randolph County (Unincorporated Areas), City of Archdale. Approximately 200 feet upstream of Verta Avenue +846 East Tributary At the confluence with Muddy Creek +722 Randolph County (Unincorporated Areas), City of Archdale. At the Guilford/Randolph County boundary +814 East Tributary 2 At the confluence with Muddy Creek East Tributary +753 Randolph County (Unincorporated Areas), City of Archdale. At the Guilford/Randolph County boundary +767 East Tributary 3 At the confluence with Muddy Creek East Tributary 2 +753 Randolph County (Unincorporated Areas), City of Archdale. At the Guilford/Randolph County boundary +767 East Tributary 4 At the confluence with Muddy Creek East Tributary +766 Randolph County (Unincorporated Areas), City of Archdale. At the Randolph/Guilford County boundary +783 East Tributary 5 At the Randolph/Guilford County boundary +771 City of Archdale. At the confluence with Muddy Creek East Tributary 4 +771 Muddy Creek Tributary At the confluence with Muddy Creek +720 Randoph County (Unincorporated Areas). Approximately 0.7 mile upstream of Walnut Tree Lane +756 West Tributary At the confluence with Muddy Creek +786 City of Archdale. Approximately 160 feet upstream of Playground Road +842 Nanny Branch At the confluence with Laniers Creek +445 Randoph County (Unincorporated Areas). Approximately 1,275 feet upstream of the confluence with Laniers Creek +463 Narrows Branch At the confluence with Uwharrie River +371 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Uwharrie River +460 North Prong Creek At the Randolph/Alamance County boundary +686 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1,210 feet upstream of Unnamed Road +712 North Prong Richland Creek At the confluence with Richland Creek +581 Randoph County (Unincorporated Areas). Approximately 1,300 feet upstream of Staleys Farm Road +694 Tributary At the confluence with North Prong Richland Creek +677 Randoph County (Unincorporated Areas). Approximately 370 feet upstream of Tall Pine Street +700 North Prong Rocky River At the Randolph/Alamance County boundary +677 Randoph County (Unincorporated Areas), Town of Liberty. Approximately 210 feet upstream of South Cook Street +754 Penwood Branch Approximately 1,320 feet downstream of East Presnell Street +747 Randolph County (Unincorporated Areas). Approximately 1,690 feet upstream of Glenwood Road +846 Polecat Creek At the confluence with Deep River +599 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Polecat Creek Tributary 7 +702 Tributary 4 At the confluence with Polecat Creek +671 Randolph County (Unincorporated Areas). At the Randolph/Guilford County boundary +695 Tributary 5 At the confluence with Polecat Creek Tributary 4 +683 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of dam +710 Tributary 6 At the confluence with Polecat Creek +679 Randolph County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Polecat Creek +736 Tributary 7 At the confluence with Polecat Creek +696 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Polecat Creek +716 Reed Creek (into Deep River) At the confluence with Deep River +437 Randolph County (Unincorporated Areas). Approximately 0.9 mile upstream of Wright Country Road +619 Reed Creek (into Little River) At the confluence with Little River +603 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of Burney Road (State Road 1127) +646 Tributary 1 At the confluence with Reed Creek +536 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Reed Creek +554 Tributary 2 At the confluence with Reed Creek +537 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of U.S. Highway 64 +562 Reedy Creek At the confluence with Little River. +618 Randolph County (Unincorporated Areas). Approximately 1,870 feet upstream of the confluence with Little River +642 Richland Creek At the confluence with Deep River +368 Randolph County (Unincorporated Areas). At the confluence of North and South Prong Richland Creek +581 Robbins Branch At the confluence with Hannahs Creek +494 Randolph County (Unincorporated Areas). Approximately 1,345 feet upstream of the confluence with Hannahs Creek +507 Rocky River At the Randolph/Chatham County boundary +644 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 0.4 mile upstream of dam +736 Tributary 2 At the confluence with Rocky River +664 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1.3 miles upstream of Overman Road Dam +716 Tributary 3 At the confluence with Rocky River +682 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 790 feet upstream of Old U.S. 421 +724 Tributary 4 At the confluence with Rocky River +696 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1,000 feet upstream of dam +749 Sand Branch At the confluence with Laniers Creek +441 Randolph County (Unincorporated Areas). Approximately 1,490 feet upstream of the confluence with Laniers Creek +462 Sandy Creek At the confluence with Deep River +455 Randolph County (Unincorporated Areas), Town of Franklinville. Approximately 1,600 feet upstream of the confluence with Sandy Creek Tributary 11 +730 Tributary 1 At the confluence with Sandy Creek +558 Randolph County (Unincorporated Areas). Approximately 1.2 miles upstream of the confluence with Sandy Creek +573 Tributary 10 At the confluence with Sandy Creek +684 Randolph County (Unincorporated Areas). Approximately 1,550 feet upstream of Greeson Country Road +733 Tributary 11 At the confluence with Sandy Creek +703 Randolph County (Unincorporated Areas). Approximately 900 feet upstream of the confluence with Sandy Creek +718 Tributary 2 At the confluence with Sandy Creek +576 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 2.0 miles upstream of U.S. Highway 421 +758 Tributary 3 At the confluence with Sandy Creek +581 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1.8 miles upstream of York Martin Road +735 Tributary 4 At the confluence with Sandy Creek Tributary 3 +587 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1.2 miles upstream of the confluence with Sandy Creek Tributary 3 +686 Tributary 5 At the confluence with Sandy Creek Tributary 3 +596 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1.5 miles upstream of Bunton Swaim Road +733 Tributary 6 At the confluence with Sandy Creek Tributary 5 +599 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 1,320 feet upstream of dam +724 Tributary 7 At the confluence with Sandy Creek +581 Randolph County (Unincorporated Areas). Approximately 1.7 miles upstream of Starmount Road +652 Tributary 8 At the confluence with Sandy Creek +607 Randolph County (Unincorporated Areas). Approximately 2.2 miles upstream of Randolph Church Road +741 Tributary 9 At the confluence with Sandy Creek +622 Randolph County (Unincorporated Areas). Approximately 1.4 miles upstream of Hollow Hill Road +708 Second Creek At the confluence with Uwharrie River +396 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Second Creek Tributary 3 +505 Tributary 1 At the confluence with Second Creek +396 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Second Creek +407 Tributary 2 At the confluence with Second Creek +459 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Second Creek +476 Tributary 2A At the confluence with Second Creek Tributary 2 +463 Randolph County (Unincorporated Areas). Approximately 1,900 feet upstream of Salem Church Road (State Road 1304) +483 Tributary 3 At the confluence with Second Creek +479 Randolph County (Unincorporated Areas). Approximately 1,100 feet upstream of Bombay School Road (State Road 1178) +512 Silver Run Creek At the confluence with Uwharrie River +394 Randolph County (Unincorporated Areas). Approximately 275 feet upstream of Lassiter Mill Road (State Road 1107) +402 Simmons Branch At the confluence with Deep River +634 Randolph County (Unincorporated Areas). Approximately 1,550 feet upstream of Old Walker Mill Road Extension +652 South Fork Jackson Creek At the confluence with Jackson Creek +506 Randolph County (Unincorporated Areas). Approximately 1.4 miles upstream of the confluence with Jackson Creek +545 South Prong Little River At the confluence with Little River +678 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Little River +685 South Prong Richland Creek At the confluence with Richland Creek +581 Randolph County (Unincorporated Areas). Approximately 0.5 mile upstream of Ross Harris Road +658 South Prong Stinking Quarter Creek At the Randolph/Guilford County boundary +624 Randolph County (Unincorporated Areas), Town of Liberty. Approximately 0.5 mile upstream of Redbud Lane +755 Stinking Quarter Creek Tributary 3 At the Randolph/Guilford County boundary +624 Randolph County (Unincorporated Areas). Approximately 1.0 mile upstream of Richland Church Road +681 Taylor Branch At the confluence with Muddy Creek +692 Randolph County (Unincorporated Areas). Approximately 1,100 feet upstream of Tuttle Road +739 Taylors Creek At the confluence with Caraway Creek +414 Randolph County (Unincorporated Areas). Approximately 3.3 miles upstream of Lassiter Mill Road (State Road 1107) +543 Toms Creek At the confluence with Uwharrie Rover +402 Randolph County (Unincorporated Areas). Approximately 1.3 miles upstream of Richey Road (State Road 1306) +501 Two Mile Branch At the confluence with Second Creek +439 Randolph County (Unincorporated Areas). Approximately 1,990 feet upstream of the confluence with Second Creek +472 Two Mile Creek At the confluence with Uwharrie River +394 Randolph County (Unincorporated Areas). Approximately 1,970 feet upstream of the confluence with Uwharrie River +398 Uwharrie River At the Montgomery/Randolph County boundary +369 Randolph County (Unincorporated Areas), City of Asheboro, City of Trinity. Approximately 130 feet upstream of Old Mendenhall Road (State Road 1616) +791 Tributary 1 At the confluence with Uwharrie River +372 Randolph County (Unincorporated Areas). Approximately 1,050 feet upstream of the confluence with Uwharrie River +380 Tributary 2 At the confluence with Uwharrie River +387 Randolph County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Uwharrie River +400 Tributary 3 At the confluence with Uwharrie River +388 Randolph County (Unincorporated Areas). Approximately 1,890 feet upstream of the confluence with Uwharrie River +403 Tributary 4 At the confluence with Uwharrie River +445 Randolph County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Uwharrie River +445 Tributary 5 At the confluence with Uwharrie River +445 Randolph County (Unincorporated Areas). Approximately 1,660 feet upstream of Garren Town Road (State Road 1332) +452 Tributary 6 At the confluence with Uwharrie River +464 Randolph County (Unincorporated Areas). Approximately 335 feet upstream of Skeens Mill Road (State Road 1550) +483 Tributary 7 At the confluence with Uwharrie River +520 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of Sumner Road (State Road 1546) +540 Tributary 8 At the confluence with Uwharrie River +557 Randolph County (Unincorporated Areas), City of Archdale. Approximately 190 feet upstream of Alexandria Drive +663 Tributary 8A At the confluence with Uwharrie River Tributary 8 +636 Randolph County (Unincorporated Areas), City of Archdale. Approximately 0.8 mile upstream of the confluence with Uwharrie River Tributary 8 +665 Tributary 9 At the confluence with Uwharrie River +578 Randolph County (Unincorporated Areas), City of Trinity. Approximately 0.9 mile upstream of Red Fox Road +805 Tributary 10 At the confluence with Uwharrie River +668 City of Trinity. Approximately 330 feet upstream of Maple Oak Drive +722 Tributary 11 At the confluence with Uwharrie River +694 City of Trinity. Approximately 0.7 mile upstream of Mendenhall Road +746 Vestal Creek At the confluence with Richland Creek +565 Randolph County (Unincorporated Areas), City of Asheboro. At the confluence with Vestal Creek Tributary 3 +651 Tributary 3 At the confluence of Vestal Creek Tributary 2 +662 Randolph County (Unincorporated Areas), City of Asheboro. Approximately 0.7 mile upstream of Browers Chapel Road +743 Wagners Branch At the confluence with Little River +582 Randolph County (Unincorporated Areas). Approximately 290 feet upstream of Borough Avenue +684 Walkers Creek At the confluence with Uwharrie River +376 Randolph County (Unincorporated Areas). Approximately 1,775 feet upstream of the confluence with Uwharrie River +385 Wesley Dean Branch At the confluence with Little River +577 Randolph County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with Little River +606 West Fork Little River At the Randolph/Montgomery County boundary +615 Randolph County (Unincorporated Areas). Approximately 850 feet upstream of Mt. Lebanon Road (State Road 1111) +710 Tributary 1 At the confluence with West Fork Little River +622 Randolph County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with West Fork Little River +629 Tributary 2 At the confluence with West Fork Little River +676 Randolph County (Unincorporated Areas). Approximately 1,620 feet upstream of the confluence with West Fork Little River +692 Tributary 3 At the confluence with West Fork Little River +694 Randolph County (Unincorporated Areas). Approximately 1,320 feet upstream of the confluence with West Fork Little River +701 Tributary 4 At the confluence with West Fork Little River +697 Randolph County (Unincorporated Areas). Approximately 1,335 feet upstream of the confluence with West Fork Little River +703 Tributary 5 At the confluence with West Fork Little River +708 Randolph County (Unincorporated Areas). Approximately 1,010 feet upstream of the confluence with West Fork Little River +710 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Archdale Maps are available for inspection at the Archdale City Hall, 307 Balfour Drive, Archdale, North Carolina. City of Asheboro Maps are available for inspection at the City of Asheboro Planning and Zoning Department, Asheboro, North Carolina. Town of Franklinville Maps are available for inspection at the Franklinville City Hall, 163 West Main Street, Franklinville, North Carolina. Town of Liberty Maps are available for inspection at the Liberty Town Hall, 239 South Fayetteville Street, Liberty, North Carolina. Town of Ramseur Maps are available for inspection at the Ramseur Town Hall, 724 Liberty Street, Ramseur, North Carolina. City of Randleman Maps are available for inspection at the Randleman City Hall, 101 Hilliary Street, Randleman, North Carolina. Town of Seagrove Maps are available for inspection at the Seagrove Town Hall, 122 East Main Street, Seagrove, North Carolina. City of Trinity Maps are available for inspection at the Trinity City Hall, 6701 NC Highway 62, Trinity, North Carolina. Randolph County (Unincorporated Areas) Maps are available for inspection at the Randolph County Planning and Zoning Department, 725 McDowell Road, Asheboro, North Carolina. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: September 6, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-18260 Filed 9-14-07; 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
(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 Directorate, 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 aboveground * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)Modified Town of Austin, Arkansas Docket No.: FEMA-B-7700 AR Town of Austin Unnamed Creek Approximately 1,500 feet downstream of Ed Haymes Road +235 Approximately 3000 feet upstream from Ed Haymes Road +269 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Austin Maps are available for inspection at City Hall, 202 W Hendricks, Austin, AR 72007. City of Cabot, Arkansas Docket No.: FEMA-B-7473 Arkansas City of Cabot Bayou Two Prairie Tributary Approximately 150 feet upstream from the intersection with West Main Street +288 Intersection of Deer Creek Road +299 Arkansas City of Cabot Hudson Branch Upstream face of Highway 367 +272 Approximately 850 feet upstream from the intersection with Mockingbird Lane +287 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Maps are available for inspection at 114 South 1st Street, Cabot, Arkansas 72023. Unincorporated Areas of Lonoke County, Arkansas Docket No.: FEMA-B-7473 Arkansas Unincorporated Areas of Lonoke County Hudson Branch Creek Tributary Confluence with Hudson Branch Creek +260 Approximately 700 feet upstream from the intersection with Main Street +314 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Maps are available for inspection at 200 North Center Street, Lonoke, AR 72007. City of Ward, Arkansas Docket No.: FEMA-B-7473 Arkansas City of Ward Cypress Bayou Tributary 11 Confluence with Morrison Street +225 Approximately 50 feet upstream from the intersection with Brewer Street +234 Arkansas City of Ward Cypress Bayou Tributary 11.1 Confluence with Cypress Bayou 11 +227 Intersection with Cross Street +241 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Maps are available for inspection at 405 Hickory Street, Ward, Arkansas 72126. Kaycee, Wyoming Docket No.: FEMA-B-7714 WY Town of Kaycee North Fork Powder River Approximately 5,150 feet downstream from Highway 196—at the downstream corporate limits of Kaycee, Wyoming +4639 Approximately 180 feet downstream from I-25 North—at the upstream corporate limits of Kaycee, Wyoming +4656 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Town of Kaycee Maps are available for inspection at PO Box 265, Kaycee, Town of, WY 82639. Flooding source(s) Location of referenced elevation * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground. Modified Communities affected De Kalb County, Alabama, and Incorporated Areas Docket Nos.: FEMA-7702 & FEMA-B-7714 Big Wills Creek Approximately 7,000 feet downstream of confluence with Little Wills Creek +672 Town of Collinsville, Town of Hammondville, De Kalb County (Unincorporated Areas). Approximately 10,000 feet upstream of confluence with Little Wills Creek +680 Confluence with Davis Gap Creek +783 Approximately 2,000 feet upstream of confluence with Davis Gap Creek +786 Approximately 2,500 feet upstream of confluence with Hammond Branch +963 Approximately 5,000 feet upstream of confluence with Hammond Branch +980 Davis Gap Creek Confluence with Big Wills Creek +783 De Kalb County (Unincorporated Areas). Approximately 1,500 feet upstream of confluence with Big Wills Creek +786 Ivy Creek Confluence with Town Creek +1152 De Kalb County (Unincorporated Areas). Approximately 1,000 feet upstream of confluence with Town Creek +1154 Little Wills Creek Confluence with Big Wills Creek +674 Town of Collinsville, De Kalb County (Unincorporated Areas). Church Avenue Crossing +710 Approximately 1,500 feet upstream of SR 68 Crossing +734 Approximately 2,500 feet upstream of SR 68 Crossing +738 Little Wills Creek Tributary Approximately 5,000 feet upstream of confluence with Little Wills Creek +729 Town of Collinsville. Approximately 5,700 feet upstream of confluence with Little Wills Creek +731 Little Wills Valley Branch Approximately 2,500 feet downstream of 41st Street South Crossing +839 De Kalb County (Unincorporated Areas). Approximately 2,000 feet downstream of 41st Street South Crossing +843 Phillips Branch Approximately 200 feet upstream of South Sauty Creek +1166 City of Rainsville De Kalb County (Unincorporated Areas). Approximately 1,000 feet upstream of South Sauty Creek +1171 Piney Creek Approximately 7,000 feet downstream of Horton Road Crossing +1199 City of Rainsville, Town of Shiloh, De Kalb County (Unincorporated Areas). Confluence with Piney Creek Tributary +1215 Town Creek Approximately 1,000 feet upstream of confluence with Bynum Mill Branch +1124 City of Rainsville, De Kalb County (Unincorporated Areas). Approximately 2,000 feet upstream of SR35 Crossing +1175 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Rainsville Maps are available for inspection at 70 McCurdy Avenue, Rainsville, AL 35988. Town of Collinsville Maps are available for inspection at 39 Post Office Street, Collinsville, AL 35961. Town of Hammondville Maps are available for inspection at 37699 U.S. Highway 11, Hammondville, AL 35989. Town of Shiloh Maps are available for inspection at 111 Grand Avenue, Suite 200, Fort Payne, AL 35967. De Kalb County (Unincorporated Areas) Maps are available for inspection at 111 Grand Avenue, Suite 200, Fort Payne, AL 35967. Geneva County, Alabama, and Incorporated Areas Docket No.: FEMA-B-7714 Carter Mill Creek Approximately 3,300 feet upstream of Bellwood Highway Crossing +111 Geneva County (Unincorporated Areas). Approximately 6,200 feet upstream of Bellwood Highway Crossing +119 Choctawhatchee River Approximately 1,500 feet downstream of confluence with Pea River +99 City of Geneva, Town of Eunola, Geneva County (Unincorporated Areas). Approximately 200 feet upstream of confluence with Schuttle Mill Creek +105 Double Bridges Creek City of Geneva Corporate Limits +102 Geneva County (Unincorporated Areas). Approximately 1,200 feet upstream of City of Geneva Corporate Limits +102 Pea River Approximately 7,000 feet upstream of SR 27 Crossing +102 Geneva County (Unincorporated Areas). Approximately 10,000 feet upstream of SR 27 Crossing +102 Threemile Branch Approximately 3,800 feet upstream of confluence with Pea River +101 Geneva County (Unincorporated Areas). Approximately 6,600 feet upstream of confluence with Pea River +113 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Geneva Maps are available for inspection at 517 S. Commerce, Geneva, AL 36340. Town of Eunola Maps are available for inspection at 200 S. Commerce Street, Geneva, AL 36340. Geneva County (Unincorporated Areas) Maps are available for inspection at 200 S. Commerce Street, Geneva, AL 36340. Floyd County, Iowa, and Incorporated Areas Docket No.: FEMA-D-7806 Hyers Creek At Riverside Avenue +1006 Floyd County (Unincorporated Areas), City of Charles City. Approximately 3,800 feet upstream of Cleveland Street +1035 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Charles City Maps are available for inspection at City Hall, 105 Milwaukee Mall, Charles City, IA 50616. Floyd County (Unincorporated Areas) Maps are available for inspection at Floyd County Planning and Zoning, 101 South East 1st, Charles City, IA 50616. Lyon County, Kansas, and Incorporated Areas Docket No: FEMA-D-7806 Beaver Creek At confluence with Cottonwood River +1135 Lyon County (Unincorporated Areas). Just upstream of Road 200 +1209 Cottonwood River Just upstream of Interstate 35 +1123 Lyon County (Unincorporated Areas). At the County Boundary with Chase County +1144 East Tributary to Beaver Creek At confluence with Beaver Creek +1142 Lyon County (Unincorporated Areas). Approximately 1250 feet upstream of Pond Embankment +1218 East Tributary to Cottonwood River Just upstream of Interstate 35 +1123 Lyon County (Unincorporated Areas), City of Emporia. Approximately 3000 feet upstream of Road 180 +1150 Linck Creek At confluence with Cottonwood River +1128 Lyon County (Unincorporated Areas). Approximately 3000 feet upstream of Road 200 +1205 Ludy Creek At confluence with Link Creek +1129 Lyon County (Unincorporated Areas). Just downstream of Road 190 +1173 Moon Creek At confluence with Cottonwood River +1125 Lyon County (Unincorporated Areas), City of Emporia. Approximately 1750 feet Northwest of intersection of Road E and Road 200 +1200 West Tributary to Beaver Creek At confluence with Beaver Creek +1155 Lyon County (Unincorporated Areas). At County Boundary with Chase County +1187 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Emporia Maps are available for inspection at 104 E. 5th Avenue, Emporia, KS 66801. Lyon County (Unincorporated Areas) Maps are available for inspection at 430 Commercial Street, Room 205, Lyon Co. Courthouse, Emporia, KS 66801. Phelps County, Missouri (Unincorporated Areas) Docket No.: FEMA-B-7711 Burger Branch Approximately 900 ft downstream side of Brookridge Drive *967 Phelps County (Unincorporated Areas). About 2,200 ft upstream side of Old St. James Road *1077 Little Piney Creek About 1500 ft downstream of the confluence with Newburg Branch *710 Phelps County (Unincorporated Areas). About 3000 ft upstream of MO State Highway T / Water Street *717 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Phelps County (Unincorporated Areas) Maps are available for inspection at 200 North Main Street, 200 North Main Street, MO 65401. Wilson County, Tennessee and Incorporated Areas Docket No.: FEMA-B-7464 Anthony Branch Confluence with North Fork Suggs Creek +536 Wilson County (Unincorporated Areas). Approximately 1.3 miles upstream of Logue Road +579 Bartons Creek Just downstream of Interstate 40 +556 Wilson County (Unincorporated Areas), City of Lebanon. Approximately 1030 feet upstream of Franklin Road +570 Tributary 3 Just upstream of Alhambra Drive +508 Wilson County (Unincorporated Areas), City of Lebanon. Approximately 1.0 mile upstream of Blair Lane +674 Beech Log Creek Confluence with Round Lick Creek +655 Wilson County (Unincorporated Areas), City of Watertown. Approximately 1.9 miles upstream of Sparta Pike +754 Black Branch Approximately 1490 feet upstream of confluence with Spring Creek +578 Wilson County (Unincorporated Areas), City of Lebanon. Approximately 3150 feet upstream of Sparta Pike +616 Cave Creek Confluence with Hurricane Creek +597 Wilson County (Unincorporated Areas). Approximately 3780 feet upstream of Hurricane Creek Road +610 Cedar Creek Approximately 1100 feet downstream of Beasleys Bend +461 Wilson County (Unincorporated Areas). Approximately 2050 feet upstream of Carthage Highway +555 Fall Creek Approximately 180 feet downstream of Old Murfreesboro Road +554 Wilson County (Unincorporated Areas). Approximately 1.3 miles upstream of Puckett Road +731 Hurricane Creek Approximately 3590 feet downstream of Mt Creary Road +510 Wilson County (Unincorporated Areas). Approximately 360 feet upstream of E Richmond Shop Road +628 Jennings Fork Creek Approximately 200 feet downstream of Flat Rock Road +513 Wilson County (Unincorporated Areas). Approximately 1 mile upstream of Blue Bird Road +632 Martha Branch Approximately 220 feet upstream of confluence with Spencer Creek +509 Wilson County (Unincorporated Areas), City of Lebanon. Approximately 560 feet upstream of Martha-Leeville Road +557 North Fork Suggs Creek Approximately 810 feet upstream of confluence with Suggs Creek +536 Wilson County (Unincorporated Areas). Approximately 1.3 miles upstream of Logue Road +579 Tributary 1 Confluence with North Fork Suggs Creek +545 Wilson County (Unincorporated Areas). Approximately 1.4 miles upstream of North Fork Suggs Creek +617 Rocky Branch Confluence with Smith Fork +723 Wilson County (Unincorporated Areas). Approximately 1.3 miles upstream of Clever Creek Road +756 Round Lick Creek Approximately 2130 feet downstream of Interstate 40 +557 Wilson County (Unincorporated Areas). Approximately 1900 upstream of Statesville Road +668 Shop Springs Branch Approximately 2900 feet upstream of confluence with Spring Creek +601 Wilson County (Unincorporated Areas). Approximately 3170 feet upstream of Young Road +660 Tributary 1 Confluence with Shop Springs Branch +613 Wilson County (Unincorporated Areas). Approximately 70 feet upstream of Shop Springs Road +653 Sinking Creek Tributary 1 Approximately 430 feet downstream of Hill Street +527 City of Lebanon. Approximately 115 feet upstream of Leeville Pike +557 Tributary 3 Approximately 450 feet upstream of confluence with Sinking Creek +594 Wilson County (Unincorporated Areas). Approximately 770 feet upstream of confluence with Sinking Creek +594 Tributary 3.2 Confluence with Sinking Creek Tributary 3 +594 Wilson County (Unincorporated Areas). Approximately 60 feet upstream Murfreesboro Road +631 Smith Fork Approximately 5190 feet downstream of State Highway 96 +627 Wilson County (Unincorporated Areas). Approximately 5030 feet upstream of Greenvale Road +741 Snarl Creek Approximately 1.7 miles downstream Central Pike +503 Wilson County (Unincorporated Areas), City of Mt. Juliet. Approximately 2400 feet upstream of South Mt. Juliet Road +607 South Fork Cedar Creek Just downstream of Interstate 40 +577 City of Lebanon. Approximately 180 feet upstream of State Highway 109 +602 Spring Creek Tributary 4 Approximately 500 feet upstream of confluence with Spring Creek +572 Wilson County (Unincorporated Areas). Approximately 100 feet upstream of Locust Grove Road +643 Tributary 5 Approximately 450 feet upstream of confluence with Spring Creek +589 Wilson County (Unincorporated Areas). Approximately 3560 feet upstream of confluence with Spring Creek +620 Tributary 6 Approximately 900 feet upstream of confluence with Spring Creek +601 Wilson County (Unincorporated Areas). Approximately 1620 feet upstream of confluence with Spring Creek +604 Suggs Creek Just upstream of Underwood Road +565 Wilson County (Unincorporated Areas). Approximately 2650 feet upstream of Stewarts Ferry Road +619 Tributary 1 Confluence with Suggs Creek +568 Wilson County (Unincorporated Areas). Approximately 1.5 miles upstream of Stewarts Ferry Pike +624 Walker Branch Approximately 370 feet downstream of Coles Ferry Pike +493 Wilson County (Unincorporated Areas), City of Lebanon. Approximately 3340 feet upstream of Hunters Point Pike +546 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Lebanon Maps are available for inspection at 200 Castle Heights Avenue, Lebanon, TN 37087. City of Mt. Juliet Maps are available for inspection at 2425 North Mt. Juliet Road, Mt. Juliet, TN 37122. City of Watertown Maps are available for inspection at 228 East Main Street, Courthouse Room 5, Lebanon, TN 37087. Unincorporated Areas of Wilson County Maps are available for inspection at 228 East Main Street, Courthouse Room 5, Lebanon, TN 37087. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: September 4, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-18291 Filed 9-14-07; 8:45 am] BILLING CODE 9110-12-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 07-2650; MB Docket No. 05-282; RM-11229; RM-11333; RM-11337] Radio Broadcasting Services; Anderson, SC; Aragon, GA; Chattanooga, Decatur, Harrison and Lynchburg, TN; Ringgold and Rockmart, GA; Spring City and Wartrace, TN AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Media Bureau, at the request of Woman's World Broadcasting, Inc., deletes vacant Channel 296A at Lynchburg, Tennessee, from the FM Table of Allotments, and allots Channel 230A at Lynchburg, Tennessee, as a vacant channel in the FM Table of Allotments. The purpose of this channel substitution is to accommodate a change of community for FM Station WTSH, which is moving from Rockmart to Aragon, Georgia. The reference coordinates for Channel 230A at Lynchburg, Tennessee, are 35-21-58 NL and 86-17-18 WL, at a site 12.1 km (7.5 miles) northeast of Lynchburg. The Media Bureau also dismisses a counterproposal filed by Bart Walker to allot Channel 230A to Wartrace, Tennessee, as a first local aural service. See Supplementary Information . DATES: This rule is effective October 17, 2007. ADDRESSES: Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Deborah A. Dupont, Media Bureau,
(202)418-2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's *Report and Order* , MB Docket No. 05-282, adopted June 13, 2007, and released June 15, 2007. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or *http://www.BCPIWEB.com* . The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Every FM channel change set forth in the Report and Order formerly required rule changes to Section 73.202(b), the FM Table of Allotments. See 70 FR 66329 (November 2, 2005). As a result of changes to the Commission's processing rules, modifications of FM channels for existing stations are no longer listed in Section 73.202(b) and are instead reflected in the Media Bureau's Consolidated Data Base System (CDBS). *See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order* , 21 FCC Rcd 14212 (December 20, 2006). Only the substitution of Channel 230A for vacant Channel 296A at Lynchburg, Tennessee, which involves an amendment to Section 73.202(b), is summarized and published in the **Federal Register** . Although the *Report and Order* , as revised, sets forth an effective date of October 8, 2007, the amendment to the FM Table of Allotments and the specified FM license modifications will be effective 30 days after publication of this summary in the **Federal Register** in compliance with Sections 1.427 and 1.429 of the Commission's rules. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. As stated in the preamble, the Federal Communications Commission amends 47 CFR Part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Tennessee is amended by removing Channel 296A at Lynchburg and by adding Channel 230A at Lynchburg. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E7-18264 Filed 9-14-07; 8:45 am] BILLING CODE 6712-01-P 72 179 Monday, September 17, 2007 Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2007-0276; FRL-8456-7] Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns volatile organic compound
(VOC)emissions from the usage of solvents. We are proposing to approve a local rule to regulate this emission source under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments on this proposal must arrive by October 17, 2007. ADDRESSES: Submit comments, identified by docket number R09-OAR-2007-0276, by one of the following methods: 1. *Federal eRulemaking Portal: www.regulations.gov.* Follow the on-line instructions. 2. *E-mail: steckel.andrew@epa.gov.* 3. *Mail or deliver:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *www.regulations.gov* or e-mail. *www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA Region IX,
(415)947-4120, *allen.cynthia@epa.gov.* SUPPLEMENTARY INFORMATION: This proposal addresses the approval of local MDAQMD Rule 442. In the Rules and Regulations section of this **Federal Register** , we are approving this local rule in a direct final action without prior proposal because we believe this SIP revision is not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: July 25, 2007. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E7-18067 Filed 9-14-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2007-0782; FRL-8469-3] Approval and Promulgation of Implementation Plans; Missouri; Clean Air Interstate Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a revision to the Missouri State Implementation Plan
(SIP)submitted on May 18, 2007. This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. EPA is proposing to determine that the SIP revision fully meets the CAIR requirements for Missouri. If EPA approves the revisions, we will also withdraw the CAIR Federal Implementation Plans (CAIR FIPs) concerning SO 2 , NO X annual, NO X ozone season emissions for Missouri. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of sulfur dioxide (SO 2 ) and nitrogen oxides (NO X ) that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO 2 and NO X and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, Missouri would meet CAIR requirements by participating in the EPA-administered cap-and-trade programs addressing SO 2 , NO X annual, and NO X ozone season emissions. DATES: Comments must be received on or before October 17, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2007-0782, by one of the following methods: 1. *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. 2. *E-mail:* *jay.michael@epa.gov.* 3. *Mail:* Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. *Hand Delivery or Courier:* Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. *Instructions:* Direct your comments to Docket ID No. EPA-R07-OAR-2007-0782. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit through *http://www.regulations.gov* or e-mail, information that you consider to be CBI or otherwise protected. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. *Docket:* All documents in the electronic docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: If you have questions concerning this proposal, please contact Michael Jay at
(913)551-7460 or by e-mail at *jay.michael@epa.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. What Action Is EPA Proposing to Take? II. What Is the Regulatory History of CAIR and the CAIR FIPs? III. What Are the General Requirements of CAIR and the CAIR FIPs? IV. What Are the Types of CAIR SIP Submittals? V. Analysis of Missouri's CAIR SIP Submittal A. State Budgets for Allowance Allocations B. CAIR Cap-and-Trade Programs C. Applicability Provisions for Non-EGU NO X SIP Call Sources D. NO X Allowance Allocations E. Allocation of NO X Allowances From Compliance Supplement Pool F. Individual Opt-In Units VI. Proposed Actions VII. Statutory and Executive Order Reviews I. What Action Is EPA Proposing to Take? EPA is proposing to approve a revision to Missouri's SIP submitted on May 18, 2007. In its SIP revision, Missouri would meet CAIR requirements by requiring certain electric generating units
(EGUs)to participate in the EPA-administered State CAIR cap-and-trade programs addressing SO 2 , NO X annual, and NO X ozone season emissions. EPA is proposing to determine that the SIP as revised will meet the applicable requirements of CAIR. Any final action approving the SIP will be taken by the Regional Administrator for Region 7. If the EPA approves this revision, the Administrator of EPA will also issue a final rule to withdraw the FIPs concerning SO 2 , NO X annual, NO X ozone season emissions for Missouri. This action would delete and reserve 40 CFR 52.1341 and 40 CFR 52.1342, relating to the FIP obligations for Missouri. The withdrawal of the CAIR FIPs for Missouri is a conforming amendment that must be made once the SIP is approved because EPA's authority to issue the FIPs was premised on a deficiency in the SIP for Missouri. Once the SIP is fully approved, EPA no longer has authority for the FIPs. Thus, EPA will not have the option of maintaining the FIPs following the full SIP approval. Accordingly, EPA does not intend to offer an opportunity for a public hearing or an additional opportunity for written public comment on the withdrawal of the FIPs. II. What Is the Regulatory History of the CAIR and the CAIR FIPs? The Clean Air Interstate Rule
(CAIR)was published by EPA on May 12, 2005 (70 FR 25162). In this rule, EPA determined that 28 States and the District of Columbia contribute significantly to nonattainment and interfere with maintenance of the national ambient air quality standards (NAAQS) for fine particles (PM 2.5 ) and/or 8-hour ozone in downwind States in the eastern part of the country. As a result, EPA required those upwind States to revise their SIPs to include control measures that reduce emissions of SO 2 , which is a precursor to PM 2.5 formation, and/or NO X , which is a precursor to both ozone and PM 2.5 formation. For jurisdictions that contribute significantly to downwind PM 2.5 nonattainment, CAIR sets annual State-wide emission reduction requirements (i.e., budgets) for SO 2 and annual State-wide emission reduction requirements for NO X . Similarly, for jurisdictions that contribute significantly to 8-hour ozone nonattainment, CAIR sets State-wide emission reduction requirements for NO X for the ozone season (May 1 to September 30). Under CAIR, States may implement these reduction requirements by participating in the EPA-administered cap-and-trade programs or by adopting any other control measures. CAIR explains to subject States what must be included in SIPs to address the requirements of section 110(a)(2)(D)(i) of the Clean Air Act
(CAA)with regard to interstate transport with respect to the 8-hour ozone and PM 2.5 NAAQS. EPA made national findings, effective on May 25, 2005, that the States had failed to submit SIPs meeting the requirements of section 110(a)(2)(D)(i). The SIPs were due in July 2000, 3 years after the promulgation of the 8-hour ozone and PM 2.5 NAAQS. These findings started a 2-year clock for EPA to promulgate a Federal Implementation Plan
(FIP)to address the requirements of section 110(a)(2)(D)(i). Under CAA section 110(c)(1), EPA may issue a FIP anytime after such findings are made and must do so within two years unless a SIP revision correcting the deficiency is approved by EPA before the FIP is promulgated. Missouri submitted its SIP in response to EPA's section 110(a)(2)(D)(i) finding, which EPA approved in a rule published May 8, 2007 (72 FR 25975). In that rule, EPA stated that Missouri had met its obligation with regard to interstate transport by adoption of the CAIR model rule. EPA also stated that it would review and act on Missouri's CAIR rule in a separate rulemaking. This document proposes action on Missouri's CAIR rule as explained below. On April 28, 2006, EPA promulgated FIPs for all States covered by CAIR in order to ensure the emissions reductions required by CAIR are achieved on schedule. Each CAIR State is subject to the FIPs until the State fully adopts, and EPA approves, a SIP revision meeting the requirements of CAIR. The CAIR FIPs require EGUs to participate in the EPA-administered CAIR SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season trading programs, as appropriate. The CAIR FIP SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season trading programs impose essentially the same requirements as, and are integrated with, the respective CAIR SIP trading programs. The integration of the FIP and SIP trading programs means that these trading programs will work together to create effectively a single trading program for each regulated pollutant (SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season) in all States covered by the CAIR FIP or SIP trading program for that pollutant. The CAIR FIPs also allow States to submit abbreviated SIP revisions that, if approved by EPA, will automatically replace or supplement certain CAIR FIP provisions (e.g., the methodology for allocating NO <sup>X</sup> allowances to sources in the State), while the CAIR FIP remains in place for all other provisions. On April 28, 2006, EPA published two additional CAIR-related final rules that added the States of Delaware and New Jersey to the list of States subject to CAIR for PM <sup>2.5</sup> and announced EPA's final decisions on reconsideration of five issues, without making any substantive changes to the CAIR requirements. III. What Are the General Requirements of CAIR and the CAIR FIPs? CAIR establishes State-wide emission budgets for SO <sup>2</sup> and NO <sup>X</sup> and is to be implemented in two phases. The first phase of NO <sup>X</sup> reductions starts in 2009 and continues through 2014, while the first phase of SO <sup>2</sup> reductions starts in 2010 and continues through 2014. The second phase of reductions for both NO <sup>X</sup> and SO <sup>2</sup> starts in 2015 and continues thereafter. CAIR requires States to implement the budgets by either:
(1)Requiring EGUs to participate in the EPA-administered cap-and-trade programs; or
(2)adopting other control measures of the State's choosing and demonstrating that such control measures will result in compliance with the applicable State SO <sup>2</sup> and NO <sup>X</sup> budgets. The May 12, 2005, and April 28, 2006, CAIR rules provide model rules that States must adopt (with certain limited changes, if desired) if they want to participate in the EPA-administered trading programs. With two exceptions, only States that choose to meet the requirements of CAIR through methods that exclusively regulate EGUs are allowed to participate in the EPA-administered trading programs. One exception is for States that adopt the opt-in provisions of the model rules to allow non-EGUs individually to opt into the EPA-administered trading programs. The other exception is for States that include all non-EGUs from their NO <sup>X</sup> SIP Call trading programs in their CAIR NO <sup>X</sup> ozone season trading programs. IV. What Are the Types of CAIR SIP Submittals? States have the flexibility to choose the type of control measures they will use to meet the requirements of CAIR. EPA anticipates that most States will choose to meet the CAIR requirements by selecting an option that requires EGUs to participate in the EPA-administered CAIR cap-and-trade programs. For such States, EPA has provided two approaches for submitting and obtaining approval for CAIR SIP revisions. States may submit full SIP revisions that adopt the model CAIR cap-and-trade rules. If approved, these SIP revisions will fully replace the CAIR FIPs. Alternatively, States may submit abbreviated SIP revisions. These SIP revisions will not replace the CAIR FIPs; however, the CAIR FIPs provide that, when approved, the provisions in these abbreviated SIP revisions will be used instead of or in conjunction with, as appropriate, the corresponding provisions of the CAIR FIPs (e.g., the NO <sup>X</sup> allowance allocation methodology). A State submitting a full SIP revision may either adopt regulations that are substantively identical to the model rules or incorporate by reference the model rules. CAIR provides that States may only make limited changes to the model rules if the States want to participate in the EPA-administered trading programs. A full SIP revision may change the model rules only by altering their applicability and allowance allocation provisions to:
(1)Include NO <sup>X</sup> SIP Call trading sources that are not EGUs under CAIR in the CAIR NO <sup>X</sup> ozone season trading program;
(2)provide for State allocation of NO <sup>X</sup> annual or ozone season allowances using a methodology chosen by the State;
(3)provide for State allocation of NO <sup>X</sup> annual allowances from the compliance supplement pool
(CSP)using the State's choice of allowed, alternative methodologies; or
(4)allow units that are not otherwise CAIR units to opt individually into the CAIR SO <sup>2</sup> , NO <sup>X</sup> annual, or NO <sup>X</sup> ozone season trading programs under the opt-in provisions in the model rules. An approved CAIR full SIP revision addressing EGUs' SO <sup>2</sup> , NO <sup>X</sup> annual, or NO <sup>X</sup> ozone season emissions will replace the CAIR FIP for that State for the respective EGU emissions. V. Analysis of Missouri's CAIR SIP Submittal A. State Budgets for Allowance Allocations The CAIR NO <sup>X</sup> annual and ozone season budgets were developed from historical heat input data for EGUs. Using these data, EPA calculated annual and ozone season regional heat input values, which were multiplied by 0.15 lb/mmBtu, for Phase I, and 0.125 lb/mmBtu, for Phase II, to obtain regional NO <sup>X</sup> budgets for 2009-2014 and for 2015 and thereafter, respectively. EPA derived the State NO <sup>X</sup> annual and ozone season budgets from the regional budgets using State heat input data adjusted by fuel factors. The CAIR State SO <sup>2</sup> budgets were derived by discounting the tonnage of emissions authorized by annual allowance allocations under the Acid Rain Program under title IV of the CAA. Under CAIR, each allowance allocated in the Acid Rain Program for the years in Phase I of CAIR (2010 through 2014) authorizes 0.5 ton of SO <sup>2</sup> emissions in the CAIR trading program, and each Acid Rain Program allowance allocated for the years in Phase II of CAIR (2015 and thereafter) authorizes 0.35 ton of SO <sup>2</sup> emissions in the CAIR trading program. In this action, EPA is proposing approval of Missouri's SIP revision that adopts the budgets established for the State in CAIR, i.e., 59,871 (2009-2014) and 49,892 (2015-thereafter) tons for NO <sup>X</sup> annual emissions, 26,678 (2009-2014) and 22,231 (2015-thereafter) tons for NO <sup>X</sup> ozone season emissions, and 137,214 (2010-2014) and 96,050 (2015-thereafter) annual tons for SO <sup>2</sup> emissions. Missouri's SIP revision sets these budgets as the total amounts of allowances available for allocation for each year under the EPA-administered cap-and-trade programs. B. CAIR Cap-and-Trade Programs The CAIR NO <sup>X</sup> annual and ozone-season model trading rules both largely mirror the structure of the NO <sup>X</sup> SIP Call model trading rule in 40 CFR part 96, subparts A through I. While the provisions of the NO <sup>X</sup> annual and ozone-season model rules are similar, there are some differences. For example, the NO <sup>X</sup> annual model rule (but not the NO <sup>X</sup> ozone season model rule) provides for a CSP, which is discussed below and under which allowances may be awarded for early reductions of NO <sup>X</sup> annual emissions. As a further example, the NO <sup>X</sup> ozone season model rule reflects the fact that the CAIR NO <sup>X</sup> ozone season trading program replaces the NO <sup>X</sup> SIP Call trading program after the 2008 ozone season and is coordinated with the NO <sup>X</sup> SIP Call program. The NO <sup>X</sup> ozone season model rule provides incentives for early emissions reductions by allowing banked, pre-2009 NO <sup>X</sup> SIP Call allowances to be used for compliance in the CAIR NO <sup>X</sup> ozone-season trading program. In addition, States have the option of continuing to meet their NO <sup>X</sup> SIP Call requirement by participating in the CAIR NO <sup>X</sup> ozone season trading program and including all their NO <sup>X</sup> SIP Call trading sources in that program. The provisions of the CAIR SO <sup>2</sup> model rule are also similar to the provisions of the NO <sup>X</sup> annual and ozone season model rules. However, the SO <sup>2</sup> model rule is coordinated with the ongoing Acid Rain SO <sup>2</sup> cap-and-trade program under CAA title IV. The SO <sup>2</sup> model rule uses the title IV allowances for compliance, with each allowance allocated for 2010-2014 authorizing only 0.50 ton of emissions and each allowance allocated for 2015 and thereafter authorizing only 0.35 ton of emissions. Banked title IV allowances allocated for years before 2010 can be used at any time in the CAIR SO <sup>2</sup> cap-and-trade program, with each such allowance authorizing 1 ton of emissions. Title IV allowances are to be freely transferable among sources covered by the Acid Rain Program and sources covered by the CAIR SO <sup>2</sup> cap-and-trade program. EPA also used the CAIR model trading rules as the basis for the trading programs in the CAIR FIPs. The CAIR FIP trading rules are virtually identical to the CAIR model trading rules, with changes made to account for Federal rather than State implementation. The CAIR model SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season trading rules and the respective CAIR FIP trading rules are designed to work together as integrated SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season trading programs. In the SIP revision, Missouri chooses to implement its CAIR budgets by requiring EGUs to participate in EPA-administered cap-and-trade programs for SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season emissions. Missouri has adopted a full SIP revision that adopts with certain allowed changes discussed below, the CAIR model cap-and-trade rules for SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season emissions. C. Applicability Provisions for non-EGU NO <sup>X</sup> SIP Call Sources In general, the CAIR model trading rules apply to any stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired combustion turbine serving at any time, since the later of November 15, 1990, or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 megawatts electric
(MWe)producing electricity for sale. States have the option of bringing in, for the CAIR NO <sup>X</sup> ozone season program only, those units in the State's NO <sup>X</sup> SIP Call trading program that are not EGUs as defined under CAIR. EPA advises States exercising this option to add the applicability provisions in the State's NO <sup>X</sup> SIP Call trading rule for non-EGUs to the applicability provisions in the State's CAIR NO <sup>X</sup> ozone season trading rule, in order to include in the CAIR NO <sup>X</sup> ozone season trading program all units required to be in the State's NO <sup>X</sup> SIP Call trading program that are not already included in accordance with 40 CFR 96.304. Under this option, the CAIR NO <sup>X</sup> ozone season program must cover all large industrial boilers and combustion turbines, as well as any small EGUs (i.e., units serving a generator with a nameplate capacity of 25 MWe or less) that the State currently requires to be in the NO <sup>X</sup> SIP Call trading program. Missouri has chosen to expand the applicability provisions of the CAIR NO <sup>X</sup> ozone season trading program to include all current and future non-EGUs in the State's NO <sup>X</sup> SIP Call trading program. The NO <sup>X</sup> SIP Call region of the State includes the eastern one-third of the State of Missouri (70 FR 46860). D. NO <sup>X</sup> Allowance Allocations Under the NO <sup>X</sup> allowance allocation methodology in the CAIR model trading rules and in the CAIR FIP, NO <sup>X</sup> annual and ozone season allowances are allocated to units that have operated for five years, based on heat input data from a three-year period that are adjusted for fuel type by using fuel factors of 1.0 for coal, 0.6 for oil, and 0.4 for other fuels. The CAIR model trading rules and the CAIR FIP also provide a new unit set-aside from which units without five years of operation are allocated allowances based on the units' prior year emissions. States may establish in their SIP submissions a different NO <sup>X</sup> allowance allocation methodology that will be used to allocate allowances to sources in the States if certain requirements are met concerning the timing of submission of units' allocations to the Administrator for recordation and the total amount of allowances allocated for each control period. In adopting alternative NO <sup>X</sup> allowance allocation methodologies, States have flexibility with regard to:
(1)The cost to recipients of the allowances, which may be distributed for free or auctioned;
(2)the frequency of allocations;
(3)the basis for allocating allowances, which may be distributed, for example, based on historical heat input or electric and thermal output; and
(4)the use of allowance set-asides and, if used, their size. Missouri has chosen to replace the provisions of the CAIR NO <sup>X</sup> annual model trading rule concerning the allocation of NO <sup>X</sup> annual allowances with its own methodology. Missouri has chosen to distribute NO <sup>X</sup> annual allowances to individual facilities based upon the total of their individual unit's pro-rata share of State's total heat input for all affected units in the State. The State has provided a table in rule 10 CSR 10-6.362 that provides for permanent allocations to units in Phases I and II. Additionally, the State's rule creates an energy efficiency renewable resource set-aside of 300 allowances for each year of the program. The purpose for establishing this set-aside is to serve as an incentive for saving or generating electricity through the implementation of energy efficiency and renewable generation projects. If the number of allowances awarded each year are fewer than allowances allocated to the set-aside, the State will transfer surplus allowances to the accounts of the electric utilities on a pro-rata basis in the same proportion as allocations to the units listed in the rule. Missouri's rule provides that, by May 31 of the year for which allowances are requested from the set-aside, the State will complete the process of determining what projects are eligible and how many allowances should be provided, and of awarding the allowances to the projects. EPA interprets the rule to provide that, by the May 31 deadline, the State will transfer to the appropriate allowance tracking system accounts the allocations awarded to the eligible projects, as well as the surplus allowances provided to electric utilities. As with the annual program described above, Missouri has chosen to replace the provisions of the CAIR NO <sup>X</sup> ozone season model trading rule concerning allowance allocations with its own methodology. Missouri has chosen to distribute NO <sup>X</sup> annual allowances to individual facilities based upon the total of their individual unit's pro-rata share of the State's total heat input for all affected units in the State. The State has provided a table in rule 10 CSR 10-6.364 that provides for permanent allocations to NO <sup>X</sup> ozone season units in Phases I and II. As mentioned above, Missouri has chosen to expand the applicability provisions of the CAIR NO <sup>X</sup> ozone season trading program to include all current and future non-EGUs in the State's NO <sup>X</sup> SIP Call trading program. By doing so, the three non-EGUs listed in Table II of Missouri's NO <sup>X</sup> SIP Call rule, 10 CSR 10-6.360, are provided CAIR NO <sup>X</sup> ozone season allowances totaling 59 allowances in Table II of 10 CSR 10-6.364 that are in addition to the State's initial allocation for both Phase I and Phase II of the CAIR NO <sup>X</sup> ozone season trading program. The number of allowances provided to the non-EGUs in the CAIR NO <sup>X</sup> ozone trading program are equivalent to the amount they received under Missouri's NO <sup>X</sup> SIP Call rule. E. Allocation of NO X Allowances From Compliance Supplement Pool The CAIR establishes a compliance supplement pool
(CSP)to provide an incentive for early reductions in NO <sup>X</sup> annual emissions. The CSP consists of 200,000 CAIR NO <sup>X</sup> annual allowances of vintage 2009 for the entire CAIR region, and a State's share of the CSP is based upon the projected magnitude of the emission reductions required by CAIR in that State. States may distribute CSP allowances, one allowance for each ton of early reduction, to sources that make NO <sup>X</sup> reductions during 2007 or 2008 beyond what is required by any applicable State or Federal emission limitation. States also may distribute CSP allowances based upon a demonstration of need for an extension of the 2009 deadline for implementing emission controls. The CAIR annual NO <sup>X</sup> model trading rule establishes specific methodologies for allocations of CSP allowances. States may choose an allowed, alternative CSP allocation methodology to be used to allocate CSP allowances to sources in the States. Missouri has chosen to distribute CSP allowances using an allocation methodology that retains much of the CSP model rule language of 40 CFR 96.143. The State's methodology differs in two main ways. First, the State has added additional criteria for units subject to the Acid Rain Program that do not have an applicable NO <sup>X</sup> emission limit to be able to apply for allocations from the CSP by limiting their emissions below what limit would have applied had the unit been limited by Acid Rain Program or State NO <sup>X</sup> emission rate limits. Secondly, the State has chosen to modify the distribution methodology in the event the CSP is over-prescribed. If more requests for allocations have been made than CSP allowances exist, the State will divide the CSP into two pools. The smaller of the two pools is for units that combust tires, and the larger pool is for the remaining units. F. Individual Opt-in Units The opt-in provisions of the CAIR SIP model trading rules allow certain non-EGUs (i.e., boilers, combustion turbines, and other stationary fossil-fuel-fired devices) that do not meet the applicability criteria for a CAIR trading program to participate voluntarily in (i.e., opt into) the CAIR trading program. A non-EGU may opt into one or more of the CAIR trading programs. In order to qualify to opt into a CAIR trading program, a unit must vent all emissions through a stack and be able to meet monitoring, recordkeeping, and recording requirements of 40 CFR part 75. The owners and operators seeking to opt a unit into a CAIR trading program must apply for a CAIR opt-in permit. If the unit is issued a CAIR opt-in permit, the unit becomes a CAIR unit, is allocated allowances, and must meet the same allowance-holding and emissions monitoring and reporting requirements as other units subject to the CAIR trading program. The opt-in provisions provide for two methodologies for allocating allowances for opt-in units, one methodology that applies to opt-in units in general and a second methodology that allocates allowances only to opt-in units that the owners and operators intend to repower before January 1, 2015. States have several options concerning the opt-in provisions. States may adopt the CAIR opt-in provisions entirely or may adopt them but exclude one of the methodologies for allocating allowances. States may also decline to adopt the opt-in provisions at all. Missouri has chosen to allow non-EGUs meeting certain requirements to opt into the CAIR trading programs by adopting by reference the entirety of EPA's model rule provisions for opt-in units in the CAIR NO <sup>X</sup> annual, CAIR NO <sup>X</sup> ozone season, and CAIR SO <sup>2</sup> trading programs. VI. Proposed Actions EPA is proposing to approve Missouri's full CAIR SIP revision submitted on May 18, 2007. Under this SIP revision, Missouri is choosing to participate in the EPA-administered cap-and-trade programs for SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season emissions. EPA believes that the SIP revision meets the applicable requirements in 40 CFR 51.123(o) and (aa), with regard to NO <sup>X</sup> annual and NO <sup>X</sup> ozone season emissions, and 40 CFR 51.124(o), with regard to SO <sup>2</sup> emissions. EPA is proposing to determine that the SIP as revised will meet the requirements of CAIR. If EPA approves this SIP revision, the Administrator of EPA will also issue, without providing an opportunity for a public hearing or an additional opportunity for written public comment, a final rule to withdraw the CAIR FIPs concerning SO <sup>2</sup> , NO <sup>X</sup> annual, and NO <sup>X</sup> ozone season emissions for Missouri. This action would delete and reserve 40 CFR 52.1341 and 40 CFR 52.1342. VII. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely proposes to approve State law as meeting Federal requirements and would impose no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this action proposes to approve pre-existing requirements under State law and would not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This proposal also does not have tribal implications because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed action also does not have Federalism implications because it would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a State rule implementing a Federal standard and will result, as a consequence of that approval, in the Administrator's withdrawal of the CAIR FIP. It does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it would approve a State rule implementing a Federal Standard. In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule would not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Electric utilities, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: September 10, 2007. John B. Askew, Regional Administrator, Region 7. [FR Doc. E7-18263 Filed 9-14-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7735] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations
(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety
(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation *Elevation in feet
(NGVD)+Elevation in feet
(NAVD)#Depth in feet above ground Effective Modified Communities affected Cook County, Illinois, and Incorporated Areas Calumet Union Drainage Ditch At confluence with Little Calumet River +597 +592 Village of South Holland, City of Harvey, City of Markham, Unincorporated Areas of Cook County. 500 feet upstream of confluence with Calumet Union Drainage Ditch Southwest Branch +609 +608 Calumet Union Drainage Ditch Southwest Branch At confluence with Calumet Union Drainage Ditch +609 +608 City of Markham, Unincorporated Areas of Cook County. Approximately 1100 feet downstream of 167th Street +609 +608 Deer Creek At confluence with Thorn Creek +615 +616 Village of Glenwood, Unincorporated Areas of Cook County. At confluence of Third Creek, downstream of Cottage Grove Avenue +620 +621 Farmer's Creek At pump station flood wall, 150 feet downstream of Busey Highway +633 +630 City of Des Plaines, Unincorporated Areas of Cook County. Approximately 1000 feet upstream of Emerson Street +634 +633 Higgins Creek Just downstream of Willie Road +656 +655 City of Des Plaines, Unincorporated Areas of Cook County. Just downstream of Hamilton Road +660 +659 Tributary A Just downstream of Interstate 90 +657 +659 City of Des Plaines, Unincorporated Areas of Cook County, Village of Elk Grove Village. 80 feet upstream of Higgins Road +666 +665 Tributary B Confluence with Higgins Creek Tributary A +658 +659 Unincorporated Areas of Cook County, Village of Elk Grove Village. Just downstream of Elmhurst Road +658 +660 Little Calumet River At confluence with Calumet Sag Channel +588 +585 Village of South Holland, City of Blue Island, City of Calumet City, City of Harvey, Unincorporated Areas of Cook County, Village of Dixmoor, Village of Dolton, Village of Lansing, Village of Riverdale. Illinois—Indiana State Line +594 +596 Midlothian Creek At confluence with Little Calumet River +590 +587 City of Blue Island. 200 feet upstream of Chatham Street +590 +589 North Creek At confluence with Thorn Creek +607 +606 Unincorporated Areas of Cook County. Just downstream of Calumet Expressway +608 +607 Poplar Creek Tributary A Just upstream of Higgins Road +807 +809 Village of Hoffman Estates. Just downstream of Greenspoint Parkway +812 +813 Prairie Creek At confluence with Farmer's Creek +630 +631 City of Des Plaines, City of Park Ridge, Unincorporated Areas of Cook County, Village of Niles. Just downstream of Greenwood Road None +643 Thorn Creek At confluence with Little Calumet River +597 +595 Village of South Holland, City of Calumet City, Unincorporated Areas of Cook County, Village of Glenwood, Village of Thornton. Approximately 500 feet upstream of the confluence with Deer Creek +615 +616 Weller Creek Approximately 570 feet downstream of Wisconsin Central Railroad +639 +637 Village of Mount Prospect, City of Des Plaines. At downstream side of Central Road None +664 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Blue Island Maps are available for inspection at Building Department, 13049 Greenwood Avenue, Blue Island, IL 60406. Send comments to The Honorable Donald E. Peloquin, Mayor, City of Blue Island, 13051 Greenwood Ave., Blue Island, IL 60406. City of Calumet City Maps are available for inspection at Inspectional Services Department, 687 Wentworth Road, Calumet City, IL 60409. Send comments to The Honorable Michelle Markiewicz Qualkinbush, Mayor, City of Calumet City, 204 Pulaski Rd, PO Box 1519, Calumet City, IL 60409. City of Des Plaines Maps are available for inspection at City of Des Plaines Civic Center, 1420 Miner St., Des Plaines, IL 60016. Send comments to The Honorable Anthony Arredia, Mayor, City of Des Plaines, 1420 Miner St., Des Plaines, IL 60016. City of Harvey Maps are available for inspection at Harvey City Hall, Planning and Development Center, 15320 Broadway Avenue, Harvey, IL 60426. Send comments to The Honorable Eric J. Kellogg, Mayor, City of Harvey, 15320 Broadway Ave., Harvey, IL 60426. City of Markham Maps are available for inspection at Markham City Hall, 16313 South Kedzie Parkway, Markham, IL 60426. Send comments to The Honorable David Webb, Mayor, City of Markham, 16313 Kedzie Pky., Markham, IL 60426. City of Park Ridge Maps are available for inspection at Public Works Department, 505 Butler Place, Park Ridge, IL 60068. Send comments to The Honorable Howard Frimark, Mayor, City of Park Ridge, 505 Butler Place, Park Ridge, IL 60068. Unincorporated Areas of Cook County Maps are available for inspection at Cook County Building and Zoning Department, 69 West Washington, Suite 2830, Chicago, IL 60602. Send comments to The Honorable Todd Stroger, County Board President, 69 West Washington, Suite 2830, Chicago, IL 60602. Village of Dixmoor Maps are available for inspection at 170 West 145th Street, Dixmoor, IL 60419. Send comments to The Honorable Keevan Grimmett, Village President, Village of Dixmoor, 170 W. 145th St., Dixmoor, IL 60426. Village of Elk Grove Village Maps are available for inspection at Engineering and Community Development Department, 901 Wellington Ave., Elk Grove Village, IL 60007. Send comments to The Honorable Craig B. Johnson, Mayor, Elk Grove Village, 901 Wellington Ave., Elk Grove Village, IL 60007. Village of Glenwood Maps are available for inspection at Glenwood Building Department, 13 South Rebecca Street, Glenwood, IL 60425. Send comments to The Honorable Jeanne Maggio, Village President, Village of Glenwood, 1 Asselborn Way, Glenwood, IL 60425. Village of Hoffman Estates Maps are available for inspection at Hoffman Estates Development Services Department, 1900 Hassell Rd., Hoffman Estates, IL 60169. Send comments to The Honorable William D. McLeod, Village President, Village of Hoffman Estates, 1900 Hassell Rd., Hoffman Estates, IL 60169. Village of Lansing Maps are available for inspection at Lansing Building Department, 18200 Chicago Avenue, Lansing, IL 60438. Send comments to The Honorable Daniel R. Podgorski, Village President, Village of Lansing, 18200 Chicago Ave., Lansing, IL 60438. Village of Mount Prospect Maps are available for inspection at Public Works Department, Engineering Division, 1700 West Central Road, Mount Prospect, IL 60056. Send comments to The Honorable Irvana Wilks, Village President, Village of Mount Prospect, 50 S. Emerson St., Mount Prospect, IL 60056. Village of Niles Maps are available for inspection at Niles Public Works Department, 6849 West Touhy Avenue, Niles, IL 60714. Send comments to The Honorable Nicholas B. Blase, Mayor, Village of Niles, 1000 Civic Center Drive, Niles, IL 60714. Village of Riverdale Maps are available for inspection at Village Hall, Office of Community and Economic Development, 157 West 144th Street, Riverdale, IL 60827. Send comments to The Honorable Zenovia G. Evans, Mayor, Village of Riverdale, 157 W. 144th Street, Riverdale, IL 60827. Village of South Holland Maps are available for inspection at Village Planning & Development Department, 16226 Wausau Avenue, South Holland, IL 60473. Send comments to The Honorable Don A. DeGraff, Village President, Village of South Holland, 16226 Wausau Avenue, South Holland, IL 60473. Village of Thornton Maps are available for inspection at Village Hall, 115 E. Margaret St., Thornton, IL 60476. Send comments to The Honorable Jack C. Swan, Village President, Village of Thornton, 115 E. Margaret St., Thornton, IL 60476. Lake County, Ohio, and Incorporated Areas Grand River/Lake Erie Village of Grand River north-eastern corporate limit +575 +576. Village of Grand River. Backwater 220 feet upstream of Fairport, Painesville, and Eastern Railway +575 +576 Lake Erie Entire Lake Erie coastline from the western City of Eastlake corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +575 +576 City of Eastlake. Entire Lake Erie coastline from the western City of Mentor corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +575 +576 City of Mentor. Entire Lake Erie coastline from the western City of Mentor-on-the-Lake corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +575 +576 City of Mentor-On-The-Lake. Entire Lake Erie coastline from the western Village of Fairport Harbor corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +579 +576 Village of Fairport Harbor. Entire Lake Erie coastline from the western Village of Lakeline corporate limits to eastern corporate limits None +576 Village of Lakeline. Entire Lake Erie coastline from the western City of Willoughby corporate limits to eastern corporate limits +575 +576 City of Willoughby. Entire Lake Erie coastline from the western City of Willowick corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +575 +576 City of Willowick. Entire Lake Erie coastline from the western Village of North Perry corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +580 +576 Village of North Perry. Entire Lake Erie coastline from the western City of Eastlake corporate limits to eastern corporate limits. Minor changes in floodplain boundaries None +576 Village of Timberlake. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Eastlake Maps are available for inspection at 35150 Lakeshore Boulevard, Eastlake, OH 44095. Send comments to The Honorable Ted Andrzejewski, Mayor, City of Eastlake, 35150 Lakeshore Boulevard, Eastlake, OH 44095. City of Kirtland Maps are available for inspection at 9301 Chillicothe Road, Kirtland, OH 44094. Send comments to The Honorable Edward J. Podojil, Mayor, City of Kirtland, 9301 Chillicothe Road, Kirtland, OH 44094. City of Mentor Maps are available for inspection at 8500 Civic Center Boulevard, Mentor, OH 44060. Send comments to The Honorable Ray Kirchner, Mayor, 8500 Civic Center Boulevard, Mentor, OH 44060. City of Mentor-On-The-Lake Maps are available for inspection at 5860 Andrews Road, Mentor-on-the-Lake, OH 44060. Send comments to The Honorable John M. Rogers, Mayor, 5860 Andrews Road, Mentor-on-the-Lake, OH 44060. City of Painesville Maps are available for inspection at 7 Richmond Street, PO Box 601, Painesville, OH 44077. Send comments to Ms. Rita C. McMahon, City Manager, City of Painesville, 7 Richmond Street, PO Box 601, Painesville, OH 44077. City of Wickliffe Maps are available for inspection at 28730 Ridge Road, Wickliffe, OH 44092. Send comments to The Honorable Thomas W. Ruffner, Mayor, 28730 Ridge Road, Wickliffe, OH 44092. City of Willoughby Maps are available for inspection at 1 Public Square, Willoughby, OH 44094. Send comments to The Honorable David E. Anderson, Mayor, City of Willoughby, 1 Public Square, Willoughby, OH 44094. City of Willoughby Hills Maps are available for inspection at 35405 Chardon Road, Willoughby Hills, OH 44094. Send comments to The Honorable Kenneth Lorenz, Mayor, City of Willoughby Hills, 35405 Chardon Road, Willoughby Hills, OH 44094. City of Willowick Maps are available for inspection at 31230 Vine Street, Willowick, OH 44095. Send comments to The Honorable Richard Bonde, Mayor, 30435 Lakeshore Boulevard, Willowick, OH 44095. Unincorporated Areas of Lake County Maps are available for inspection at 550 Blackbrook Road, Painesville, OH 44077. Send comments to Mr. Daniel P. Troy, Lake County Commissioner, 105 Main Street, 4th Floor, PO Box 490, Painesville, OH 44077. Village of Fairport Harbor Maps are available for inspection at 220 Third Street, Fairport Harbor, OH 44077. Send comments to The Honorable Frank J. Sarosy, Mayor, Village of Fairport Harbor, 220 Third Street, Fairport Harbor, OH 44077. Village of Grand River Maps are available for inspection at 205 Singer Avenue, PO Box 216, Grand River, OH 44045-0216. Send comments to The Honorable Christopher W. Conley, Mayor, Village of Grand River, 205 Singer Avenue, PO Box 216, Grand River, OH 44045-0216. Village of Lakeline Maps are available for inspection at 33512 Lake Shore Boulevard, Lakeline, OH 44095. Send comments to The Honorable Mike Rayl, Mayor, Village of Lakeline, 33512 Lake Shore Boulevard, Lakeline, OH 44095. Village of Madison Maps are available for inspection at 126 West Main Street, Madison, OH 44057. Send comments to The Honorable Michael Evangelifta, Mayor, Village of Madison, 126 West Main Street, Madison, OH 44057. Village of North Perry Maps are available for inspection at 4449 Lockwood Road, North Perry, OH 44081. Send comments to The Honorable Michael Zinn, Mayor, Village of North Perry, 4449 Lockwood Road, North Perry, OH 44081. Village of Perry Maps are available for inspection at 3758 Center Road, PO Box 100, Perry, OH 44081. Send comments to The Honorable Laurence Logan, Mayor, Village of Perry, 3758 Center Road, PO Box 100, Perry, OH 44081. Village of Timberlake Maps are available for inspection at 11 East Shore Boulevard, Timberlake, OH 44095. Send comments to The Honorable John P. Roskos, Mayor, Village of Timberlake, 11 East Shore Boulevard, Timberlake, OH 44095. Village of Waite Hill Maps are available for inspection at 7215 Eagle Road, Waite Hill, OH 44094. Send comments to The Honorable Arthur D. Baldwin II, Mayor, Village of Waite Hill, 7215 Eagle Road, Waite Hill, OH 44094. Erie County, Ohio, and Incorporated Areas Boos Ditch Approximately 400 feet from mouth +576 +577 Unincorporated Areas of Erie County. Mouth at Lake Erie +576 +577 Hahn Creek Mouth at Lake Erie +576 +577 City of Huron. Downstream of Cleveland Road +576 +577 Huron River Mouth at Lake Erie +576 577 City of Huron. Approximately 3,700 feet upstream of Norfolk Southern Corporation Railroad +576 +577 Lake Erie Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +576 +577 City of Huron. Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +586 +577 Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +591 +577 Entire Lake Erie coastline from the western City of Huron corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +591 +577 Entire Lake Erie coastline from the western City of Sandusky corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +576 +577 City of Sandusky. Entire Lake Erie coastline from the western Village of Kelleys Island corporate limits to eastern corporate limits. Minor changes in floodplain boundaries +577 +578 Village of Kelleys Island. Entire Lake Erie coastline within Erie County. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +576 +577 Unincorporated Areas of Erie County. Entire Lake Erie coastline within Erie County. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries +576 +577 Mudbrook Creek Mouth at Huron River +576 +577 City of Huron. Downstream of Mudbrook Road +576 +577 Plum Creek Downstream of US6 Highway +576 +577 Unincorporated Areas of Erie County. Mouth at Lake Erie +576 +577 Sawmill Creek Approximately 1,900 feet upstream from mouth +576 +577 Unincorporated Areas of Erie County. Mouth at Lake Erie +576 +577 City of Huron Maps are available for inspection at Huron Township Station, 1820 Bogart Road, Huron, OH 48839. Send comments to Mr. Andrew D. White, City Manager, City of Huron, 417 Main Street, PO Box 468, Huron, OH 44839. City of Sandusky Maps are available for inspection at 222 Meigs Street, Sandusky, OH 44870. Send comments to Mr. Don Miears, Interim City Manager, City of Sandusky, 222 Meigs Street, Sandusky, OH 44870. Unincorporated Areas of Erie County Maps are available for inspection at 2900 Columbus Avenue, Sandusky, OH 44870. Send comments to Mr. Alex MacNicol, Erie County Regional Planning Office, 2900 Columbus Avenue, Sandusky, OH 44870. Village of Bay View Maps are available for inspection at 304 East Bay View Drive, Sandusky, OH 44870. Send comments to The Honorable Paul Snyder, Mayor, Village of Bay View, 304 E. Bay View Drive, Sandusky, OH 44870. Village of Berlin Heights Maps are available for inspection at 8 West Main Street, Berlin Heights, OH 44814. Send comments to The Honorable Kelly Moon, Mayor, 8 West Main Street, PO Box 30, Berlin Heights, OH 44814. Village of Castalia Maps are available for inspection at 126 Main Street, Castalia, OH 44824. Send comments to The Honorable Robert Wolfbrandt, Mayor, Village of Castalia, 126 Main Street, Castalia, OH 44824. Village of Kelleys Island Maps are available for inspection at Municipal Building of Kelleys Island, 121 Addison Street, Kelley Island, OH 43438. Send comments to The Honorable Robert Quinn, Mayor, Village of Kelleys Island, 121 Addison Street, PO Box 469, Kelleys Island, OH 43438. Village of Milan Maps are available for inspection at 11 South Main Street, PO Box 1450, Milan, OH 44846. Send comments to The Honorable Robert Bickley, Mayor, 11 South Main Street, PO Box 1450, Milan, OH 44846. Lincoln County, South Dakota, and Incorporated Areas Ninemile Creek Just downstream from 274th Street None +1385 Town of Harrisburg. Ninemile Creek Just upstream from 272nd Street None +1472 Town of Tea. Approximately 320 feet downstream from Kevin Drive None 1477 Approximately 650 feet upstream from Ryan Drive None +1483 Ninemile Creek Just downstream from 273rd Street None +1311 Unincorporated Areas of Lincoln County. Just upstream from South Dakota Highway 115 None +1411 1550 feet upstream from 469th Avenue None +1518 Tributary Approximately 2150 feet downstream from 475th Avenue None +1391 Town of Harrisburg. Approximately 500 feet downstream from 475th Avenue at the Corporate Limit line None +1400 Just downstream from 273rd Street None +1417 Just upstream from the confluence with Ninemile Creek None +1387 Unincorporated Areas of Lincoln County. Approximately 2050 feet upstream from 273rd Street None +1425 Just downstream from 473rd Avenue None +1466 Schindler Creek Just upstream from the confluence with Ninemile Creek None +1267 Unincorporated Areas of Lincoln County. Just downstream from 477th Avenue None +1394 Approximately 1150 feet upstream from 271st Street None +1452 Spring Creek Just upstream from the confluence with Big Sioux River None +1269 Unincorporated Areas of Lincoln County. Just downstream from South Dakota Highway 11 None +1368 Approximately 950 feet upstream from Cliff Avenue None +1461 Tributary Just upstream from the confluence with Spring Creek None +1346 Unincorporated Areas of Lincoln County. Just downstream from Cody Road None +1392 Just upstream from 269th Street None +1425 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Harrisburg Maps are available for inspection at P.O. BOX 26, Harrisburg, SD 57032. Send comments to The Honorable Reed Ramstad, Mayor, Town of Harrisburg, P.O. BOX 26, Harrisburg, SD 57032. Town of Tea Maps are available for inspection at 600 East 1st Street, P.O. BOX 128, Tea, SD 57064. Send comments to The Honorable John Lawler, Mayor, Town of Tea, P.O. BOX 128, Tea, SD 57064-0128. Unincorporated Areas of Lincoln County Maps are available for inspection at 224 West Ninth Street, Sioux Falls, SD 57104. Send comments to Commissioner Michael Poppens, Commissioner, Lincoln County South Dakota, 100 East 5th Street, Canton, SD 57013. Washington County, Utah, and Incorporated Areas Ash Creek Just upstream of the confluence with Virgin River None +3001 City of Toquerville, City of Laverkin. Approximately 2682 feet upstream of State Street None +3425 Cottonwood Spring Wash Just upstream of the confluence with Shoal Creek None +5309 Unincorporated Areas of Washington County, City of Enterprise. Approximately 16 feet downstream of SR-18 None +5369 Cottowood Wash Just upstream of the confluence with Grapevine Pass Wash None +2681 City of Washington. Approximately 361 feet downstream of State Street None +3086 Coyote Wash Approximately 105 feet upstream of Kayenta Dr None +2976 Unincorporated Areas of Washington County, Town of Ivins. Just upstream of the confluence with Santa Clara River None +3388 Fort Pierce Wash At River Road +2615 +2616 Unincorporated Areas of Washington County, City of St. George. Approximately 6.3 miles upstream of River Road None +2772 Gould Wash Just upstream of the confluence with Virgin River None +2898 Unincorporated Areas of Washington County, City of Hurricane. Approximately 2024 feet upstream of 180 West Street None +3290 Grapevine Pass Wash Just upstream of the confluence with Virgin River None +2641 City of Washington. Approximately 3165 feet downstream of I-15 None +2962 Kayenta Wash Just upstream of the confluence with Santa Clara River None +2962 Unincorporated Areas of Washington County, Town of Ivins. Approximately 21 feet downstream of Taviawk Drive None +3237 Lava Flow Wash Just upstream of the confluence with Tuacahn Wash None +2848 City of Santa Clara. Approximately 1100 feet upstream of Rachel Dr None +2918 Middleton Wash Just upstream of the confluence with Virgin River +2578 +2583 City of St. George. Approximately 3155 feet upstream of I-15 +2893 +2910 Mill Creek Just upstream of the confluence with Virgin River None +2629 City of Washington, City of St. George. Approximately 3622 feet upstream of Buena Vista Boulevard None +2866 North Fork Virgin River Just upstream of the confluence with East Fork Virgin River None +3774 Town of Springdale. Approximately 3.75 miles upstream of the confluence with East Fork Virgin River None +3921 Sand Hollow Wash At the confluence of Halfway Wash +2689 +2690 City of Santa Clara, City of St. George. Approximately 2449 feet upstream of Tuacahn Parkway None +2956 Santa Clara River Just upstream of the confluence with Virgin River +2543 +2538 Unincorporated Areas of Washington County, City of Santa Clara, City of St. George. Approximately 1.2 miles upstream of Summerwood Circle +2788 +2785 Shoal Creek Approximately 2893 feet upstream of Center Street None +5308 Unincorporated Areas of Washington County, City of Enterprise. Approximately 1838 feet downstream of Center Street None +5321 Spring Creek Just upstream of the confluence with Shoal Creek None +5321 Unincorporated Areas of Washington County, City of Enterprise. Approximately 2314 feet upstream 100 S ST None +5346 Tuacahn Wash Approximately 492 feet downstream of Little League Drive None +2782 City of Santa Clara, Town of Ivins. Approximately 1765 feet upstream of Tuacahn Drive None +3078 Unnamed Wash 1 to Cottonwood Wash Just upstream of the confluence with Cottonwood Wash None +2930 City of Washington. 310 feet downstream of State Street None +3074 Virgin River Approximately 3303 feet dowstream of confluence with Big Valley Wash None +2467 Unincorporated Areas of Washington County, City of St. George, City of Washington. Approximately 1.78 miles upstream of the confluence with Grapevine Pass Wash None +2664 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Enterprise Maps are available for inspection at 375 S 300 E, Enterprise, UT 84725. Send comments to S. Lee Bracken, Mayor, PO Box 340, Enterprise, UT 84725. City of Hurricane Maps are available for inspection at 147 N 870 W, Hurricane, UT 84737 Send comments to Tom Hirschi, Mayor, 147 North 870 West, Hurricane, UT 84737. City of Laverkin Maps are available for inspection at 435 N Main, Laverkin, UT 84745. Send comments to Doug Gubler, PW Director, 435 North Main, Laverkin, UT 84745. City of Santa Clara Maps are available for inspection at 2721 Santa Clara Dr, Santa Clara, UT 84765. Send comments to Dennis Drake, Mayor, 2721 Santa Clara Drive, Santa Clara, UT 84765. City of St. George Maps are available for inspection at 175 E 200 N, St George, UT 84770. Send comments to Dave Demas, City Engineer, 175 East 200 North, St. George, UT 84770. City of Toquerville Maps are available for inspection at 212 Toquer Blvd, Toquerville, UT 84774. Send comments to Ken Powell, Mayor, P.O. Box 27, Toquerville, UT 84774. City of Washington Maps are available for inspection at 111 N 100 E, Washington, UT 84780. Send comments to Terrill Clove, Mayor, 111 North 100 East, Washington, UT 84780. Town of Ivins Maps are available for inspection at 55 N Main, Ivins, UT 84738. Send comments to Chuck Gillette, City Engineer, 55 North Main, Ivins, UT 84738. Town of Springdale Maps are available for inspection at 197 E Tabernacle St, St George, UT 84770. Send comments to Rick Wixom, Town Manager, P.O. Box 187, Springdale, UT 84767. Unincorporated Areas of Washington County Maps are available for inspection at 197 E Tabernacle St, St George, UT 84770. Send comments to Jim Eardley, County Commissioner, 197 E. Tabernacle, St. George, UT 84770. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: September 6, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-18290 Filed 9-14-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 10 and 15 [USCG-2006-26202] RIN 1625-AB10 Training and Service Requirements for Merchant Marine Officers AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to make administrative changes to the requirements for merchant mariner training and service. The proposed regulation would remove the expiration date of the radar-observer endorsement from the merchant mariner's license, allow for an apprentice mate of towing vessels to reduce sea-service time for mate (pilot) of towing vessels by completing additional approved training, and would provide an alternate path to mate (pilot) of towing vessels for master of steam or motor vessels not more than 200 gross register tons. These changes are intended to eliminate confusion and clarify training and service requirements. DATES: Comments and related material must reach the Docket Management Facility on or before December 17, 2007. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG-2006-26202 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)*Web site: http://dms.dot.gov.*
(2)*Mail:* Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
(3)*Fax:* 202-493-2251.
(4)*Delivery:* Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590. Deliveries may be made between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.
(5)*Federal eRulemaking Portal: http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Mr. Luke Harden, CG-3PSO, Coast Guard, telephone 202-372-1408. If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to *http://dms.dot.gov* and will include any personal information you have provided. We have an agreement with the Department of Transportation
(DOT)to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below. *Submitting comments:* If you submit a comment, please include your name and address, identify the docket number for this rulemaking (USCG-2006-26202), indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES ; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. *Viewing comments and documents:* To view comments, as well as documents mentioned in this preamble as being available in the docket, go to *http://dms.dot.gov* at any time, click on “Simple Search,” enter the last five digits of the docket number for this rulemaking, and click on “Search.” You may also visit the Docket Management Facility in 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. *Privacy Act:* Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the **Federal Register** published on April 11, 2000, or you may visit *http://dms.dot.gov.* See 65 FR 19477. Public Meeting We do not currently plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a notice in the **Federal Register** . Background and Purpose The proposed revisions contained within this Notice of Proposed Rulemaking would
(1)remove the expiration date of the radar-observer endorsement from the merchant mariner's license,
(2)allow for an apprentice mate of towing vessels to reduce required minimum sea-service time for mate (pilot) of towing vessels by completing additional approved training, and
(3)provide an alternate path to mate (pilot) of towing vessels for a master of steam or motor vessels not more than 200 gross register tons (GRT).
(1)*Radar-observer endorsement:* A petition for rulemaking was submitted to the Coast Guard on March 10, 2005 by an industry working group called the Mid-America Regional Examination Center Workgroup. That petition identified problems associated with placing the expiration date for the radar-observer endorsement on the deck licenses for mariners operating vessels equipped with radar. The expiration date for the radar-observer endorsement may be different from the expiration date of the license itself, causing confusion as to the validity of the license. A license is valid for a five-year period from the date it is issued by the Coast Guard. A radar-observer endorsement is also valid for five years, but that period begins after the month of issuance of the certificate of training from an approved course. For original licenses, unless the radar training certificate was issued the month before the license is issued, the expiration date of the radar endorsement will be different than the expiration date of the license. For license renewals, existing 46 CFR 10.480(k) provides a one time opportunity for a mariner to synchronize the expiration date of the radar endorsement with that of the license; however, for various reasons, many mariners do not avail themselves of this opportunity. Even if they do, 46 CFR 10.480(k) does not account for subsequent renewals which might also bring the dates out of alignment. The end result is that currently, many licenses have conflicting radar endorsement dates printed on them. When conflicting dates appear on the license, confusion may result. Moreover, licenses may need to be prematurely renewed or reissued with the new radar observer endorsement date when the mariner obtains a new radar training certificate. If the radar observer endorsement date is not printed on the license, this can be avoided. In reviewing the industry recommendation, it was recognized that changing the requirement would simplify the process of issuing the license and ease the burden on the Coast Guard, industry, and schools providing the training. Mariners would still be required to keep their radar-observer training current, but an endorsement evidencing that training would not be printed on their licenses. While they would still be required to hold current radar training certificates to man vessels equipped with radar, as specified in 46 CFR 15.815, they would have up to 48 hours to produce a copy of their certificate upon request of the Coast Guard or other appropriate federal agency.
(2)*Training programs:* A petition submitted by Kirby Towing Co. dated January 4, 2006, and the Report of the Licensing Implementation Working Group of the Towing Safety Advisory Committee
(TSAC)dated October 3, 2005, identified difficulties with the service requirements for certification as a mate (pilot) of towing vessels. According to Kirby Towing Co. and TSAC, the requirements for an apprentice mate to become a mate (pilot) of towing vessels unnecessarily restrict and dampen the use of comprehensive long-term training programs. The proposed regulatory change would provide mariners and their employers the flexibility to use training programs, which the Coast Guard could accept as meeting a portion of the service requirements for mate (pilot) of towing vessels.
(3)*Alternate progression:* A petition for rulemaking dated February 11, 2005 was submitted by Delta Towing Co. seeking an alternate path to obtain a license as mate (pilot) of towing vessels. The petition recommended a path that could relieve a shortage of qualified towing vessel personnel, as well as provide alternatives to companies that operate diverse fleets of vessels ( *e.g.* offshore supply vessels
(OSVs)and towing vessels). The proposed regulatory change would provide a path for a master of steam or motor vessels not more than 200 GRT to qualify as a mate (pilot) of towing vessels while still demonstrating the experience and training that the regulations require. The alternate path would be available for any holder of a master of steam or motor vessels license, of any route and of any tonnage less than 200 GRT, except for the limited masters licenses specified in §§ 10.429 and 10.456 of this part.
(4)*Relationship to Other Rulemaking Projects:* On May 22, 2006, the Coast Guard published a notice of proposed rulemaking
(NPRM)and on January 25, 2007, a supplementary notice of proposed rulemaking (SNPRM) entitled “Consolidation of Merchant Mariner Qualification Credentials” that among other things proposes to create a single merchant mariner's credential (MMC). See 71 FR 29462 and 72 FR 3605. That proposed rulemaking and this proposed rulemaking propose to make changes to some of the same regulatory text. This project and any possible future projects that would affect this regulatory text will be closely coordinated with the MMC project to ensure that there are no conflicts. Discussion of Proposed Rule This rulemaking proposes to do the following:
(1)*Radar-observer endorsement:* The rulemaking proposes to remove the requirement in 46 CFR 10.480(g) for the month and year of the expiration of the radar-observer endorsement to appear on the license. This change will eliminate the apparent early expiration of licenses when the radar-observer endorsement expires. The proposed regulatory change would not affect the actual expiration date of either the license or the endorsement, and would not affect the requirement that the mariner maintain a current training certificate. This change would only eliminate the requirement that the Coast Guard actually print the expiration date of the endorsement on the license. This proposed rule would also remove 46 CFR 10.480(k). That paragraph permits a one time extension of the radar observer-endorsement expiration date for up to two years in order to synchronize that date with the license expiration date. If the expiration date of the radar-observer endorsement is removed from the license, only one expiration date would appear on the license, and synchronization for the purpose of avoiding confusion about the license expiration date would be unnecessary. Removing this paragraph would allow mariners greater flexibility in managing their training schedules, and reduce the work backlog at the Coast Guard's regional examination centers. Mariners would be able to submit their licenses for renewal closer to the actual five-year expiration of the license, rather than the shorter period that resulted from the need to renew when the radar-observer endorsement expired. A longer effective renewal requirement is expected to reduce paperwork for both mariners and the Coast Guard. We also propose revising 46 CFR 15.815 to require readily available evidence that each person holds a valid radar-observer certificate. Although the expiration date would no longer appear on the license, inspection teams, incident investigators, employers, and any appropriate Federal agency representative must still be able to see proof that a mariner is currently qualified as a radar-observer. This change would facilitate enforcement of qualification requirements while providing mariners flexibility in the way they maintain evidence of training.
(2)*Training programs:* The service requirements in 46 CFR table 10.465-1 would be revised to permit mariners to count time successfully spent in Coast Guard-approved training programs toward the service requirements for mate (pilot) of towing vessels.
(3)*Alternate progression:* This proposed rule would add a new paragraph to 46 CFR 10.465 that would allow a master of steam or motor vessels of not more than 200 GRT to become a mate (pilot) of towing vessels under certain conditions. The paragraph would provide that the master of steam or motor vessels of not more than 200 GRT would need three years of service as master of steam or motor vessels less than 200 GRT, completion of a Towing Officer Assessment Record, completion of the towing vessel license (apprentice mate) exam, and 30 days of training and observation on a towing vessel on the route being sought. In addition, the current regulatory language in 10.464(f) and 10.465(d) tries to describe a certain type of license, rather than using the actual endorsement title, which is unnecessarily confusing. This proposed rule would replace the descriptive terms “inspected, self-propelled vessels” with the actual endorsement title “master of steam or motor vessels”. Regulatory Evaluation This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. However, we have performed the following analysis of costs and benefits. The proposed rule is divided into three elements: Radar endorsement, training programs, and alternate progression. This analysis will consider each of the three elements separately. Radar Endorsement The first element of the proposed rule would remove the expiration date of the radar-observer endorsement from the merchant mariner licenses. Currently 46 CFR 10.480(g) requires that the Coast Guard print both the endorsement and license expiration dates on the merchant mariner license. Since the endorsement expiration date is tied to the date training is completed and the license is generally issued after the training is completed, the radar-observer-endorsement expiration date often precedes that of the license. The Coast Guard has determined that many people mistake the radar-observer-endorsement expiration date for that of the license itself. Removing the radar-observer endorsement expiration date would reduce confusion without affecting safety. Safety would remain unchanged because mariners and companies would still be required to keep training records current and readily available. The Coast Guard expects that the proposed rule would affect 7,660 radar-observer endorsements per year. This total includes both original and other than original endorsements. *Costs:* Implementing this element of the proposed rule would impose no cost on the economy. This proposed rule contemplates no change in the fee paid for a merchant mariner license. *Benefits:* The benefits of removing the expiration date would be modest, but noteworthy. The confusion caused by displaying the two expiration dates on the merchant mariner license could be denying many mariners the full five-year term of their licenses. The proposed rule would allow such mariners to enjoy the full five-year term of their mariner's license, giving them greater flexibility in deciding when to renew their licenses. Training Programs The second element of the proposed rule would allow applicants for a license as a mate (pilot) of towing vessels to apply time spent in Coast Guard-approved training courses or programs toward the minimum length of service requirement. The Coast Guard's current regulations do not count time spent in a rigorous Coast Guard-approved towing training course toward the minimum service time requirements. Prospective pilots that elect to take such a course forego a chance to qualify for their licenses more quickly. The proposed changes would reduce this disincentive and therefore encourage more prospective towing vessel pilots to enroll in a course and more towing companies and training institutions to establish them. The Coast Guard believes that increasing the number of approved towing course graduates among towing vessel officers could increase overall towing safety. *Costs:* This element of the rule unambiguously increases industry and mariner flexibility. It does not impose any cost on the economy because towing companies, mariners and training institutions would voluntarily exercise this flexibility only if they expected that it would make business sense for them to do so. *Benefits:* The training program element of the proposed rule would reduce the opportunity cost for mariners of completing Coast Guard-approved training courses, leading to an increase in the number of prospective mates (pilots) of towing vessels enrolling in Coast Guard-approved towing courses. Such an increase would improve navigational safety. Recent experience indicates that a substantial number of prospective towing pilots could take advantage of the increased flexibility. Currently the Kirby Marine Systems towing course is the only one approved by the Coast Guard. This course graduates about 10 to 20 students annually, compared to an annual average of 68 original towing licenses as mates (pilot) of towing vessels issued by the Coast Guard during 2003-05. Based upon discussions at the Towing Safety Advisory Committee, the Coast Guard believes that several towing companies would consider setting up towing courses if completion of the course could substitute for required service time toward a towing license. The Coast Guard already allows applicants for certain engineering and deck licenses to substitute time spent in a Coast Guard-approved training course toward service time requirements, as described in 46 CFR 10.304, “Substitution of training for required service, use of training-record books, and use of towing officer assessment records.” The training programs element of the proposed rule would extend that flexibility to applicants for licenses as mate (pilot) of towing vessels. Alternate Progression The current rule describes two progressions to obtain a license as mate (pilot) of towing vessels. The traditional progression, described in 46 CFR 10.465(a) and 46 CFR table 10.465-1, requires an applicant for a license as mate (pilot) of towing vessels to complete at least 30 months of service, a Towing Officer Assessment Record
(TOAR)or an approved course, and a 90-day period of training and observation on a towing vessel on the route for which the mariner seeks approval. The second progression, in 46 CFR 10.465(d), allows individuals licensed as a mate or first-class pilot of inspected, self-propelled vessels greater than 200 GRT to obtain a license as a mate (pilot) of towing vessels on a particular route after completing a TOAR and a 30-day period of training and observation on a towing vessel on that route. The third element of the proposed rule would allow individuals licensed for three years or longer as a master of steam or motor vessels not more than 200 GRT, including individuals licensed as a master of steam or motor vessels of any route and of any tonnage less than 200 GRT, except for the limited masters' licenses specified in §§ 10.429 and 10.456 of this part, to obtain a license as a mate (pilot) of towing vessels on a particular route after completing a TOAR, the appropriate apprentice mate exam, and a 30-day period of training and observation on a towing vessel on that route. *Costs:* The costs of this change to industry or mariners would be zero, as this change would unambiguously increase flexibility for mariners. Mariners would voluntarily take advantage of this provision only if they would gain a net benefit from doing so. *Benefits:* The Coast Guard has determined that this element of the proposed rule would not reduce maritime safety. Candidates eligible for a license as a mate (pilot) of towing vessels under this proposed rule change would, in fact, have the same level of knowledge as those seeking a license as a master of towing vessels because they would be required to pass the same apprentice mate exam. In addition such a candidate would have already served approximately five years (sixty months) as a licensed officer before receiving the endorsement. This period is twice as long as the Coast Guard currently requires for candidates seeking a license as a mate (pilot) of towing under the first progression. The second progression already allows mariners holding a license as a mate or first-class pilot of inspected, self-propelled vessels greater than 200 GRT to operate towing vessels on a route if they complete a TOAR as well as 30 days of training and observation on towing vessels on the desired route. The alternate progression element of the proposed rule would extend similar flexibility to a sufficiently experienced master of steam or motor vessels not more than 200 GRT. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-602), the Coast Guard is required to assess whether the proposed rule would exert a significant economic impact upon a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. As explained previously in the “Regulatory Evaluation” section, the Coast Guard does not expect that the proposed rule will exert a significant economic impact upon operating companies, some of which are small entities. Therefore the Coast Guard does not expect the proposed rule to exert a significant impact upon small businesses. The Coast Guard likewise expects no significant economic impact upon not-for-profit organizations or government jurisdictions, as the proposed rule does not change any requirements for either. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under ADDRESSES . In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Mr. Luke Harden, CG-3PSO, Coast Guard, telephone 202-372-1408. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g. specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we have determined that this rule should be categorically excluded under figure 2-1, paragraph (34)(c), of the Instruction from further environmental documentation. This proposed regulation concerns the training, qualifying, licensing and disciplining of maritime personnel. A preliminary “Environmental Analysis Check List” is available in the docket where indicated under the “Public Participation and Request for Comments” section of this preamble. Comments on this section will be considered before we make the final decision on whether this rule should be categorically excluded from further environmental review. List of Subjects 46 CFR Part 10 Penalties, Reporting and recordkeeping requirements, Schools, Seamen. 46 CFR Part 15 Reporting and recordkeeping requirements, Seamen, Vessels. For the reasons discussed in the preamble, the Coast Guard proposes to amend 46 CFR parts 10 and 15 as follows: PART 10—LICENSING OF MARITIME PERSONNEL 1. The authority citation for part 10 continues to read as follows: Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and 8906; Department of Homeland Security Delegation 0170.1. Section 10.107 is also issued under the authority of 44 U.S.C. 3507. 2. Amend § 10.304 by adding new paragraph
(j)to read as follows: § 10.304 Substitution of training for required service, use of training record books, and use of towing officer assessment records.
(j)Substitution of training in lieu of required service for a license as mate (pilot) of towing vessels is governed by § 10.465 and table 10.465-1 of this part. 3. In § 10.464— a. Amend paragraph
(b)by adding the following sentence to the end of the paragraph; and b. In paragraph (f), introductory text, remove the words “inspected, self-propelled” and add, in their place, the words “steam or motor”: § 10.464 Requirements for licenses as master of towing vessels.
(b)* * * Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified in the approval letter for the completed Coast Guard-approved training programs. 4. In § 10.465— a. Amend paragraph
(a)by adding the following sentence to the end of the paragraph; b. Revise table 10.465-1 to read as follows; c. In paragraph (d), introductory text, remove the words “inspected, self-propelled” and add, in their place, the words “steam or motor”; and d. Redesignate existing paragraphs
(e)and
(f)as paragraphs
(f)and
(g)and add new paragraph
(e)to read as follows: § 10.465 Requirements for licenses as mate (pilot) of towing vessels.
(a)* * * Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time specified in the approval letter for the completed Coast Guard-approved training programs. Table 10.465-1.—Requirements for License as Mate (Pilot 1 ) of Towing Vessels Route endorsed Total service 2 TOS 3 on T/V as apprentice mate (steersman) 5 TOS 3 on particular route TOAR 4 or an approved course 30 Days of observation and training while holding master (limited) and pass a limited examination Subordinate route authorized 1 2 3 4 5 6 7
(1)Oceans
(O)30 12 of 30 3 of 12 Yes Yes NC, GL-I
(2)Near-coastal
(NC)30 12 of 30 3 of 12 Yes Yes GL-I
(3)Great Lakes-Inland (GL-I) 30 12 of 30 3 of 12 Yes Yes
(5)Western Rivers
(WR)30 12 of 30 3 of 12 Yes No (90-days service required) 1 For all inland routes, as well as Western Rivers, the license as pilot of towing vessels is equivalent to that as mate of towing vessels. All qualifications and equivalencies are the same. 2 Service is in months unless otherwise indicated. 3 TOS is time of service. 4 TOAR is Towing Officers' Assessment Record. 5 Time of service requirements as an apprentice mate (steersman) of towing vessels may be reduced by an amount equal to the time spent by a mariner to complete a training program approved by the Coast Guard if the authority for the reduction is provided in the letter from the Coast Guard approving the program.
(e)If you hold any license as a master of steam or motor vessels of any tonnage less than 200 GRT, except for the limited masters' licenses specified in 46 CFR 10.429 and 10.456, then you may obtain an endorsement as mate (pilot) of towing vessels by meeting the following requirements:
(1)Providing proof of 36 months of service operating under the authority of your existing license;
(2)Successfully completing the appropriate TOAR;
(3)Successfully completing the appropriate apprentice mate exam; and
(4)Having 30 days of training and observation on towing vessels for the route being assessed, except as noted in paragraph
(b)of this section. § 10.480 [Amended] 5. Amend § 10.480 as follows: a. In paragraph (f), remove “Except as provided by paragraph
(k)of this section”; and b. Remove paragraphs
(g)and (k), and redesignate paragraphs (h), (i), and
(j)as (g), (h), and (i), respectively. PART 15—MANNING REQUIREMENTS 6. The authority citation for part 15 continues to read as follows: Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 8906 and 9102; and Department of Homeland Security Delegation No. 0170.1. 7. In § 15.815— a. In paragraphs (a), (b), and (c), remove the words “a valid endorsement” and add, in their place, the words “an endorsement”; and b. Add new paragraphs
(d)and
(e)to read as follows: § 15.815 Radar observers.
(d)Each person who is required to hold a radar endorsement must have their certificate of training readily available to demonstrate that the endorsement is still valid.
(e)For the purposes of this section, “readily available” means that the mariner must carry either the certificate of training or a notarized copy onboard. Alternatively, the mariner must provide a copy of the certificate of training or notarized copy to the requesting entity within 48 hours. The requested material may be delivered either physically, electronically, or by facsimile. Dated: September 7, 2007. J.G. Lantz, Acting Assistant Commandant for Prevention. [FR Doc. E7-18191 Filed 9-14-07; 8:45 am] BILLING CODE 4910-15-P 72 179 Monday, September 17, 2007 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request September 11, 2007. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rural Utilities Service *Title:* Weather Radio Transmitter Grant Program. *OMB Control Number:* 0572-0124. *Summary of Collection:* The National Weather Service operates an All Hazards Early Warning System that alerts people in areas covered by its transmissions of approaching dangerous weather and other emergencies. The National Weather Service can typically provide warnings of specific weather dangers up to fifteen minutes prior to the event. At present, this system covers all major metropolitan areas and many smaller cities and towns; however, many rural areas lack National Oceanic and Atmospheric Administration's Weather Radio and Alert System
(NOAA)Weather Radio coverage. The Weather Radio Transmitter Grant Program will provide grant funds, for use in rural areas and communities of 50,000 or less inhabitants. The grant funds will be processed on a first-come basis until the appropriation is used in its entirety. *Need and Use of the Information:* RUS will use the information from the submissions to determine the following:
(1)That adequate coverage in the area does not already exist and that the proposed coverage will meet the needs of the community;
(2)that design requirements are met; and
(3)that the funds needed to complete the project are adequate based on the grant and the matching portion from the applicant. *Description of Respondents:* Not for-profit institutions; State, Local or Tribal Government. *Number of Respondents:* 113. *Frequency of Responses:* Reporting: On occasion. *Total Burden Hours:* 678. Rural Utility Service *Title:* High Energy Cost Grants and State Bulk Fuel Revolving Grant Programs. *OMB Control Number:* 0572-0136. *Summary of Collection:* The Rural Electrification Act of 1936 (RE Act) (7 U.S.C. 901 et seq.) was amended in November 2000 to create new grant and loan authority to assist rural communities with extremely high energy costs (Pub. L.106-472). This amendment gives authorization to Rural Utilities Service
(RUS)to provide competitive grants for energy generation, transmission, or distribution facilities serving communities in which the national average is at least 275% for residential expenditure for home energy. All applicants are required to submit a project proposal containing the elements in the prescribed format. *Need and Use of the Information:* USDA will collect information from applicants to confirm that the eligibility requirements and the proposals are consistent with the purposes set forth in the statute. Various forms and progress reports are used to monitor compliance with grant agreements, track expenditures of Federal funds and measure the success of the program. Without collecting the listed information, USDA will not be assured that the projects and communities served meet the statutory requirements for eligibility or that the proposed projects will deliver the intended benefits. *Description of Respondents:* Not-for-profit institutions; Business or other for-profit; and State, Local or Tribal Government. *Number of Respondents:* 55. *Frequency of Responses:* Recordkeeping: Reporting: On occasion. *Total Burden Hours:* 1,228. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E7-18201 Filed 9-14-07; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0121] Determination of Regulatory Review Period for Purposes of Patent Extension; Fel-O-Vax® LvK/FIV Vaccine AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: We are advising the public that the Animal and Plant Health Inspection Service has determined the regulatory review period for Fel-O-Vax® LvK/FIV Vaccine and is publishing this notice of that determination as required by law. We have made this determination in response to the submission of an application to the Commissioner of Patents and Trademarks, Department of Commerce, for the extension of a patent that claims that veterinary biologic. DATES: We will consider all requests for revision of the regulatory review period determination that we receive on or before October 17, 2007. We will consider all due diligence petitions that we receive on or before March 17, 2008. ADDRESSES: You may submit revision requests and due diligence petitions by either of the following methods: *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* , select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2007-0121 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. *Postal Mail/Commercial Delivery:* Please send four copies of your request or petition (an original and three copies) to Docket No. APHIS-2007-0121, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that the request or petition refers to Docket No. APHIS-2007-0121. *Reading Room:* You may read the regulatory review period determination and any revision requests or due diligence petitions that we receive on this determination in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Albert P. Morgan, Section Leader, Operational Support Section, Center for Veterinary Biologics, Policy Evaluation and Licensing, VS, APHIS, 4700 River Road Unit 148, Riverdale, MD 20737-1231; phone
(301)734-8245; fax
(301)734-4314. For information concerning the regulatory review period determination, contact Dr. Patricia L. Foley, Center for Veterinary Biologics, Policy Evaluation and Licensing, VS, APHIS, 510 South 17th Street, Suite 104, Ames, IA 50010; phone
(515)232-5785, fax
(515)232-7120. SUPPLEMENTARY INFORMATION: The provisions of 35 U.S.C. 156, “Extension of patent term,” provide, generally, that a patent for a product may be extended for a period of up to 5 years as long as the patent claims a product that, among other things, was subject to a regulatory review period before its commercial marketing or use. (The term “product” is defined in that section as “a drug product” [which includes veterinary biological products] or “any medical device, food additive, or color additive subject to regulation under the Federal Food, Drug, and Cosmetic Act.”) A product's regulatory review period forms the basis for determining the amount of extension an applicant may receive. The regulations in 9 CFR part 124, “Patent Term Restoration” (referred to below as the regulations), set forth procedures and requirements for the Animal and Plant Health Inspection Service's (APHIS) review of applications for the extension of the term of certain patents for veterinary biological products pursuant to 35 U.S.C. 156. As identified in the regulations, the responsibilities of APHIS include: Assisting the Patent and Trademark Office of the U.S. Department of Commerce in determining eligibility for patent term restoration; Determining the length of a product's regulatory review period; If petitioned, reviewing and ruling on due diligence challenges to APHIS' regulatory review period determinations; and Conducting hearings to review initial APHIS findings on due diligence challenges. The regulations are designed to be used in conjunction with regulations issued by the Patent and Trademark Office concerning patent term extension, which may be found at 37 CFR 1.710 through 1.791. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For veterinary biologics, the testing phase begins on the date the authorization to prepare an experimental veterinary biologic became effective and runs until the approval phase begins. The approval phase begins on the date an application for a license was initially submitted for approval and ends on the date such license was issued. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Commissioner of Patents and Trademarks may award, APHIS' determination of the length of a regulatory review period for a veterinary biologic will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(5)(B). APHIS recently licensed for production and marketing the veterinary biologic Fel-O-Vax® LvK/FIV (Feline Immunodeficiency-Leukemia Virus Vaccine, Killed Virus) Vaccine. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for Fel-O-Vax® LvK/FIV Vaccine (U.S. Patent No. 5,510,106) from the Regents of the University of California, and the Patent and Trademark Office requested APHIS' assistance in determining this patent's eligibility for patent term restoration. In a letter dated January 16, 2007, APHIS advised the Patent and Trademark Office that this veterinary biologic had undergone a regulatory review period and that the approval of Fel-O-Vax® LvK/FIV Vaccine represented the first permitted commercial licensing or use of the product. Subsequently, the Patent and Trademark Office requested that APHIS determine the product's regulatory review period. APHIS has determined that the applicable regulatory review period for Fel-O-Vax® LvK/FIV Vaccine is 1,348 days. Of this time, 0 days occurred during the testing phase of the regulatory review period, and 1,348 days occurred during the approval phase. These periods were derived from the following dates: 1. The date the application for a license was initially submitted for approval under the Virus-Serum-Toxin Act: October 15, 1999. APHIS has verified the applicant's claim that the application was initially submitted on October 15, 1999. 2. The date the license was issued: June 23, 2003. APHIS has verified the applicant's claim that the license for the commercial marketing of the vaccine was issued on June 23, 2003. This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the U.S. Patent and Trademark Office applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 1,348 days of patent term extension. Section 124.22 of the regulations provides that any interested person may request a revision of the regulatory review period determination within 30 days of the date of this notice (see DATES above). The request must specify the following: The identity of the product; The identity of the applicant for patent term restoration; The docket number of this notice; and The basis for the request for revision, including any documentary evidence. Further, under § 124.30 of the regulations, any interested person may file a petition with APHIS, no later than 180 days after the date of this notice (see DATES above), alleging that a license applicant did not act with due diligence in seeking APHIS approval of the product during the regulatory review period. The filing, format, and content of a petition must be as described in the regulations in “Subpart D—Due Diligence Petitions” (§§ 124.30 through 124.33). Authority: 35 U.S.C. 156. Done in Washington, DC, this 11th day of September, 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-18266 Filed 9-14-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Lincoln National Forest; New Mexico; Perk-Grindstone III Hazardous Fuel Reduction Project AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an Environmental Impact Statement; Correction. SUMMARY: On September 22, 2006, the **Federal Register** published a Notice of Intent
(NOI)to prepare an Environmental Impact Statement
(EIS)for the Perk-Grindstone III Hazardous Fuel Reduction Project on the Lincoln National Forest, Smokey Bear Ranger District (71 FR 55419-55421). That document estimated that the Draft Environmental Impact Statement would be available February 2007, and would require a single forest plan amendment, correction of both the estimated date and the number of forest plan amendments is necessary. *Correction:* In the **Federal Register** of September 22, 2006, in FR Doc. 71-184, on page 55419, in the first column, correct the DATES caption, second sentence to read: The draft EIS is expected to be available for public review in January 2008 and the final EIS is expected to be published in June 2008. In the **Federal Register** of September 22, 2006, in FR Doc. 71-184, on page 55419, in the third column, additional information must be added to the Proposed Action caption, first and second paragraph to read: Proposed forest management work includes noncommercial thinning, commercial thinning involving removal of logs and slash by ground-based skidding or helicopter, ground-based machine work and hand work to pile thinning slash, and slash-pile burning or broadcast burning to dispose of or reduce woody fuels. On existing roads used to support these treatments, maintenance work including forestry best management practices would be performed. Up to 14 miles of road may be constructed or reconstructed, these road will be developed to facilitate proper ground-based skidding and access log-landing areas. Upon completion of logging and other mechanized treatments, temporary roads would be rehabilitated and closed. The remaining roads, needed for long term access would be closed by installing gates or other barriers at road entrances to eliminate motor vehicle use on the road (Forest Plan, p. 47). Closed roads may be reopened when needed for subsequent fuel reduction or other management activities, and then closed following completion of that activity (Forest Plan, p. 37). Closed roads may be used as trails for hiking, mountain biking and horseback-riding. The proposed forest management treatments and roadwork integrated various detail design-features to conserve cultural or historical sites, air quality, soil, water quality, wildlife, native plants and trees, scenery, and recreation. To achieve desired conditions for the area, the proposed action involves some removal of commercial-size trees from areas of protected habitat of the Mexican spotted owl, a threatened species. Under the current forest plan as amended, these treatments to reduce fuels near urban areas are anticipated; nonetheless, they are a departure from the forestwide standards and guidelines adopted to implement the recovery plan for this species. Additionally, the proposed action will remove canopy cover within Northern goshawk post-fledging areas. Northern goshawk is a Regional Forester sensitive species. These areas may not meet forest plan standards and guidelines for canopy cover. Forest plan standards and guidelines also restrict operation of wheeled of tracked logging equipment to slopes of less than 40%. Operation of logging equipment on slopes in excess of 40% is anticipated under one or more alternatives. Vegetative removal and road construction is likely to be clearly evident, for approximately 10 years, within the project area. The forest plan standards and guidelines for the Visual Quality Objective
(VQO)within the project area specify that the area should be managed with a VQO of Retention. Under a Retention VQO, forest management activities may be visible but not clearly evident to the average viewer. Disturbances must appear to be from natural causes. Therefore, to ensure project consistency with the forest plan, the plan would be amended at the same time as and in conjunction with the approval of an action alternative, should one be selected, that involve similar departure form current standards and guidelines to conserve Mexican spotted owl, Northern goshawk, visual quality and limitations on activities on slopes over 40%. The plan amendments would be limited to apply only to the Perk-Grindstone III hazardous fuel reduction project area and its approved activities (36 CFR 219.8(e)). FOR FURTHER INFORMATION CONTACT: Buck Sanchez, District Ranger, Smokey Bear Ranger District, Lincoln National Forest, 901 Mechem, Ruidoso, NM 88345, telephone
(505)257-4095. Dated: September 10, 2007. S.E. “Lou” Woltering, Forest Supervisor. [FR Doc. 07-4582 Filed 9-14-07; 8:45 am]
Connectionstraces to 30
Traces to 30 documents
36 references not yet in our index
  • 40 CFR 52
  • 40 CFR 51
  • 40 CFR 81
  • Pub. L. 104-4
  • 44 CFR 64
  • 44 CFR 59
  • 44 CFR 10
  • 44 CFR 67
  • 44 CFR 60
  • 5 USC 601-612
  • 47 CFR 73
  • 40 CFR 96
  • 40 CFR 96.304
  • 40 CFR 96.143
  • 40 CFR 75
  • 44 CFR 67.4(a)
  • 44 CFR 60.3
  • 46 CFR 10.480(k)
  • 46 CFR 15.815
  • 46 CFR 10.480(g)
  • 46 CFR 10.465
  • 46 CFR 10.304
  • 46 CFR 10.465(a)
  • 46 CFR 10.465(d)
  • 5 USC 601-602
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 46 CFR 10
  • 46 CFR 15
  • 14 USC 633
  • 46 CFR 10.429
  • Pub. L. 104-13
  • Pub. L. 106-472
  • 9 CFR 124
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Cite40 CFR 52
Cite40 CFR 51
Cite40 CFR 81
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