Rules and Regulations. Final rule

11,407 words·~52 min read·/register/2011/05/23/2011-12519

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

BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2011-0002] 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 in 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: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,

(202)646-4064, or (e-mail) *luis.rodriguez1@dhs.gov.* 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 Deputy Federal Insurance and Mitigation Administrator 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 * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground ‸ Elevation in meters

(MSL)Modified City of St. Louis, Missouri Docket No.: FEMA-B-1062 Missouri City of St. Louis Mississippi River Approximately 0.5 mile upstream of Poplar Street +426 Approximately 0.6 mile upstream from I-270 at the northern boundary of the City of St. Louis +433 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of St. Louis Maps are available for inspection at the Building Division, 1200 Market Street, Room 400, St. Louis, MO 63103. Flooding source(s) Location of referenced elevation * Elevation in feet

(NGVD)+ Elevation in feet

(NAVD)# Depth in feet above ground ‸ Elevation in meters

(MSL)Modified Communities affected Canyon County, Idaho, and Incorporated Areas Docket Nos.: FEMA-B-7776 and FEMA-B-1104 Boise River Approximately 2,000 feet upstream of I-84 +2360 City of Caldwell, City of Star, Unincorporated Areas of Canyon County. At the Ada County Boundary +2456 Indian Creek Just upstream of Centennial Way +2356 City of Caldwell, City of Nampa, Unincorporated Areas of Canyon County. Just upstream of West Columbian Road +2555 Mason Creek At the confluence with the Boise River +2370 City of Caldwell, City of Nampa, Unincorporated Areas of Canyon County. Just upstream of Lone Tree Lane/Ustick Road +2450 Renshaw Canal Just upstream of Union Pacific Railroad +2346 City of Greenleaf. Just upstream of State Highway 19 +2352 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Caldwell Maps are available for inspection at 621 Cleveland Boulevard, 2nd Floor, Caldwell, ID 83605. City of Greenleaf Maps are available for inspection at 20523 North Whittier Drive, Greenleaf, ID 83626. City of Nampa Maps are available for inspection at 411 3rd Street South, Nampa, ID 83651. City of Star Maps are available for inspection at 10769 West State Street, Star, ID 83669. Unincorporated Areas of Canyon County Maps are available for inspection at 1115 Albany Street, Caldwell, ID 83605. Douglas County, Illinois, and Incorporated Areas Docket No.: FEMA-B-1093 Bourbon No. 3 Approximately 0.4 mile downstream of Vine Street +654 Unincorporated Areas of Douglas County. At Vine Street +658 Embarras River Approximately 0.7 mile upstream of U.S. Route 36 +641 Village of Camargo. Approximately 0.5 mile upstream of Main Street +644 Lake Fork Approximately 900 feet downstream of U.S. Route 36 +657 Village of Atwood. Approximately 100 feet downstream of U.S. Route 36 +657 West Ditch Approximately 50 feet downstream of Sycamore Street +650 City of Villa Grove, Unincorporated Areas of Douglas County. Approximately 0.41 mile upstream of Harrison Street +651 West Fork Kaskaskia River At the railroad +653 Unincorporated Areas of Douglas County. Approximately 300 feet upstream of County Road 500 North +655 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Villa Grove Maps are available for inspection at City Hall, 612 East Front Street, Villa Grove, IL 61956. Unincorporated Areas of Douglas County Maps are available for inspection at the Douglas County Courthouse, 401 South Center Street, Tuscola, IL 61953. Village of Atwood Maps are available for inspection at the Municipal Building, 110 West Central Avenue, Atwood, IL 61913. Village of Camargo Maps are available for inspection at the Douglas County Courthouse, 401 South Center Street, Tuscola, IL 61953. Carlisle County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1111 Back Slough (backwater effects from Mississippi River) From the confluence with Mayfield Creek to approximately 3.2 miles upstream of the confluence with Mayfield Creek +328 Unincorporated Areas of Carlisle County. Gray Creek (backwater effects from Mississippi River) From the confluence with Mayfield Creek to approximately 1,142 feet upstream of U.S. Route 51 +329 Unincorporated Areas of Carlisle County. Gray Creek Tributary 2 (backwater effects from Mississippi River) From the confluence with Gray Creek to approximately 0.68 mile upstream of the confluence with Gray Creek +329 Unincorporated Areas of Carlisle County. Hurricane Creek (backwater effects from Mississippi River) From the confluence with Mayfield Creek to approximately 0.91 mile upstream of the confluence with Mayfield Creek +329 Unincorporated Areas of Carlisle County. Mayfield Creek At the confluence with the Mississippi River +329 Unincorporated Areas of Carlisle County. Approximately 0.62 mile upstream of U.S. Route 62 +352 Mayfield Creek Tributary 23 (backwater effects from Mayfield Creek) From the confluence with Mayfield Creek to approximately 0.63 mile upstream of the confluence with Mayfield Creek +346 Unincorporated Areas of Carlisle County. Mayfield Creek Tributary 6 (backwater effects from Mississippi River) From the confluence with Mayfield Creek to approximately 1.92 miles upstream of the confluence with Mayfield Creek +329 Unincorporated Areas of Carlisle County. Mayfield Creek Tributary 6.3 (backwater effects from Mississippi River) From the confluence with Mayfield Creek Tributary 6 to approximately 0.8 mile upstream of the confluence with Mayfield Creek Tributary 6 +329 Unincorporated Areas of Carlisle County. Mississippi River Approximately 2,656 feet upstream of the confluence with Sandy Branch in Hickman County (at county boundary) +325 Unincorporated Areas of Carlisle County. Approximately 158 feet upstream of the confluence with Mayfield Creek +329 Sandy Branch (backwater effects from Mississippi River) From the confluence with Sandy Branch Tributary 2 to approximately 3.2 miles upstream of the confluence with Sandy Branch Tributary 2 +326 Unincorporated Areas of Carlisle County. Sandy Branch Tributary 2 (backwater effects from Mississippi River) From the confluence with Sandy Branch to approximately 1 mile upstream of the confluence with Sandy Branch +325 Unincorporated Areas of Carlisle County. Truman Creek (backwater effects from Mississippi River) From the confluence with Mayfield Creek to approximately 1.9 mile upstream of the confluence with Mayfield Creek +329 Unincorporated Areas of Carlisle County. West Fork Mayfield Creek (backwater effects from Mississippi River) From the confluence with Mayfield Creek to approximately 1,548 feet upstream of U.S. Route 62 +329 Unincorporated Areas of Carlisle County. Wilson Creek (backwater effects from Mayfield Creek) From the confluence with Mayfield Creek to approximately 1,707 feet upstream of the confluence with Mayfield Creek +334 Unincorporated Areas of Carlisle County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Carlisle County Maps are available for inspection at 70 West Court Street, Bardwell, KY 42023. Estill County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1111 Big Doe Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 769 feet downstream of Roberts Road +632 Unincorporated Areas of Estill County. Billey Fork (backwater effects from Kentucky River) From the confluence with Millers Creek to approximately 1,390 feet upstream of CSX Abandoned Railroad +635 Unincorporated Areas of Estill County. Blue Run (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 1.1 miles upstream of the confluence with the Kentucky River +621 Unincorporated Areas of Estill County. Buck Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.4 mile downstream of Little Buck Creek Road +636 Unincorporated Areas of Estill County. Buck Creek Tributary 1 (backwater effects from Kentucky River) From the confluence with Buck Creek to approximately 685 feet upstream of Little Buck Creek Road +635 Unincorporated Areas of Estill County. Calloway Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 1,708 feet downstream of Dry Branch Road +626 Unincorporated Areas of Estill County. Calloway Creek Tributary 1 (backwater effects from Kentucky River) From the confluence with Calloway Creek to approximately 0.7 mile upstream of the confluence with Calloway Creek +627 Unincorporated Areas of Estill County. Campbell Creek (backwater effects from Kentucky River) From the confluence with Cow Creek to approximately 0.7 mile upstream of Sid Griffie Road +632 Unincorporated Areas of Estill County. Caney Branch (backwater effects from Kentucky River) From the confluence with the Red River to approximately 0.6 mile upstream of the confluence with the Red River +605 Unincorporated Areas of Estill County. Clear Creek (backwater effects from Kentucky River) From the confluence with Station Camp Creek to approximately 0.4 mile downstream of Clearcreek Road +630 Unincorporated Areas of Estill County. Cow Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 1,307 feet downstream of Cow Creek Road +632 Unincorporated Areas of Estill County. Crooked Creek (backwater effects from Kentucky River) From the confluence with Station Camp Creek to approximately 1.3 miles upstream of Crooked Creek Road +631 Unincorporated Areas of Estill County. Drowning Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to just downstream of Richmond Road +620 Unincorporated Areas of Estill County. Furnace Fork (backwater effects from Kentucky River) From the confluence with Millers Creek to approximately 966 feet upstream of Cobhill Road +635 Unincorporated Areas of Estill County. Hinton Branch (backwater effects from Kentucky River) From the confluence with Crooked Creek to approximately 0.5 mile upstream of Newton Circle +631 Unincorporated Areas of Estill County. Hoys Fork (backwater effects from Kentucky River) From the confluence with Crooked Creek to approximately 0.6 mile upstream of Dug Hill Road +631 Unincorporated Areas of Estill County. Kentucky River At the confluence with the Red River +605 City of Irvine, City of Ravenna, Unincorporated Areas of Estill County. Approximately 8.7 miles upstream of the confluence with Buck Creek +645 Kentucky River Tributary 4 (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 1.0 mile upstream of the confluence with the Kentucky River +627 Unincorporated Areas of Estill County. Little Doe Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 532 feet upstream of Little Doe Creek Road +632 Unincorporated Areas of Estill County. Long Branch II (backwater effects from Kentucky River) From the confluence with Furnace Fork to approximately 0.4 mile upstream of CSX Abandoned Railroad +635 Unincorporated Areas of Estill County. Millers Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to the confluence with Billey Fork +635 Unincorporated Areas of Estill County. Noland Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 364 feet downstream of Noland Creek Road +613 Unincorporated Areas of Estill County. Polecat Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.6 mile downstream of CSX Railroad +624 Unincorporated Areas of Estill County. Possum Run (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.9 mile downstream of Opossum Run Road +621 Unincorporated Areas of Estill County. Red River (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 0.4 mile upstream of the confluence with Caney Branch +605 Unincorporated Areas of Estill County. South Fork Noland Creek (backwater effects from Kentucky River) From the confluence with Noland Creek to approximately 0.8 mile upstream of the confluence with Noland Creek +613 Unincorporated Areas of Estill County. Station Camp Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 1.6 miles upstream of the confluence with Crooked Creek +631 Unincorporated Areas of Estill County. Sudders Fork (backwater effects from Kentucky River) From the confluence with Millers Creek to approximately 0.4 mile upstream of CSX Abandoned Railroad +635 Unincorporated Areas of Estill County. Sweet Lick Branch (backwater effects from Kentucky River) From the confluence with White Oak Creek to approximately 669 feet upstream of Main Street +630 Unincorporated Areas of Estill County. White Oak Creek (backwater effects from Kentucky River) From the confluence with the Kentucky River to approximately 795 feet upstream of White Oak Road +630 Unincorporated Areas of Estill County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Irvine Maps are available for inspection at 101 Chestnut Street, Irvine, KY 40336. City of Ravenna Maps are available for inspection at 620 Main Street, Ravenna, KY 40472. Unincorporated Areas of Estill County Maps are available for inspection at 130 Main Street, Irvine, KY 40336. Fulton County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1111 Bayou de Chien (backwater effects from Mississippi River) From the confluence with the Mississippi River to 0.5 mile upstream of the confluence with Little Bayou de Chien +321 Unincorporated Areas of Fulton County. Harris Fork Creek Tributary 16 (backwater effects from Harris Fork Creek) At the confluence with Harris Fork Creek +365 City of Fulton, Unincorporated Areas of Fulton County. Approximately 0.4 mile upstream of the confluence with Harris Fork Creek +368 Little Bayou de Chien (backwater effects from Mississippi River) From the confluence with the Mississippi River to approximately 2,140 feet downstream of KY-94 +321 Unincorporated Areas of Fulton County. Little Bayou de Chien Tributary 29 (backwater effects from Mississippi River) From the confluence with Little Bayou de Chien to approximately 0.54 mile upstream of the confluence with Little Bayou de Chien +321 Unincorporated Areas of Fulton County. Little Bayou de Chien Tributary 35 (backwater effects from Mississippi River) From the confluence with Little Bayou de Chien to approximately 655 feet upstream of the confluence with Little Bayou de Chien +321 Unincorporated Areas of Fulton County. Little Bayou de Chien Tributary 9 (backwater effects from Mississippi River) From the confluence with Little Bayou de Chien to approximately 0.7 mile upstream of the confluence with Little Bayou de Chien +321 Unincorporated Areas of Fulton County. Little Mud Creek (backwater effects from Mississippi River) From the confluence with Bayou de Chien to approximately 0.5 mile upstream of KY-94 +320 Unincorporated Areas of Fulton County. Little Mud Creek Tributary 1 (backwater effects from Mississippi River) From the confluence with Little Mud Creek to approximately 1.2 miles upstream of the confluence with Little Mud Creek +320 Unincorporated Areas of Fulton County. Mississippi River At the Tennessee State boundary +299 City of Hickman, Unincorporated Areas of Fulton County. Approximately 5.7 miles upstream of the confluence with Bayou de Chien +321 Mud Creek (backwater effects from Mississippi River) From the confluence with Bayou de Chien to approximately 2,300 feet upstream of the confluence with Mud Creek Tributary 13 +320 Unincorporated Areas of Fulton County. Mud Creek Tributary 10 (backwater effects from Mississippi River) From the confluence with Mud Creek to approximately 0.9 mile upstream of the confluence with Mud Creek +320 Unincorporated Areas of Fulton County. Mud Creek Tributary 12 (backwater effects from Mississippi River) From the confluence with Mud Creek to approximately 350 feet upstream of KY-1127 +320 Unincorporated Areas of Fulton County. Mud Creek Tributary 13 (backwater effects from Mississippi River) From the confluence with Mud Creek to approximately 1,775 feet upstream of the confluence with Mud Creek +320 Unincorporated Areas of Fulton County. Mud Creek Tributary 3 (backwater effects from Mississippi River) From the confluence with Mud Creek to approximately 0.83 mile upstream of KY-94 +320 Unincorporated Areas of Fulton County. Mud Creek Tributary 4 (backwater effects from Mississippi River) From the confluence with Mud Creek to approximately 1 mile upstream of KY-2140 +320 Unincorporated Areas of Fulton County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Fulton Maps are available for inspection at 101 Nelson Tripp Place, Fulton, KY 42041. City of Hickman Maps are available for inspection at 1812 South 7th Street, Hickman, KY 42350. Unincorporated Areas of Fulton County Maps are available for inspection at 2216 Myron Cory Drive, Hickman, KY 42050. Nelson County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1093 Beech Fork Tributary 27 (backwater effects from Beech Fork) From the confluence with Beech Fork to just downstream of Martha Layne Collins Bluegrass Parkway +480 Unincorporated Areas of Nelson County. Beech Fork Tributary 29 (backwater effects from Beech Fork) From the confluence with Beech Fork to approximately 0.8 mile upstream of the confluence with Beech Fork +478 Unincorporated Areas of Nelson County. Buffalo Creek (backwater effects from Beech Fork) From the confluence with Beech Fork to just downstream of Boston Road +482 Unincorporated Areas of Nelson County. Cedar Creek (backwater effects from Beech Fork) From the confluence with Beech Fork to approximately 1,710 feet upstream of the confluence with Cedar Creek Tributary 12 +475 Unincorporated Areas of Nelson County. David Run (backwater effects from Rolling Fork) From the confluence with Rolling Fork to approximately 0.7 mile upstream of the confluence with Rolling Fork +467 Unincorporated Areas of Nelson County. Price Creek (backwater effects from Rolling Fork) From the confluence with Rolling Fork to approximately 0.6 mile upstream of the confluence with Price Creek Tributary 7 +465 Unincorporated Areas of Nelson County. Price Creek Tributary 7 (backwater effects from Rolling Fork) From the confluence with Price Creek to approximately 0.5 mile upstream of the confluence with Price Creek +465 Unincorporated Areas of Nelson County. Rowan Creek (backwater effects from Beech Fork) From the confluence with Beech Fork to approximately 1,140 feet upstream of the confluence with Town Creek +486 City of Bardstown, Unincorporated Areas of Nelson County. Taylorsville Lake Entire shoreline +592 Unincorporated Areas of Nelson County. Timber Creek (backwater effects from Taylorsville Lake) From the confluence with Taylorsville Lake to approximately 0.7 mile downstream of Highview Church Road +592 Unincorporated Areas of Nelson County. Town Creek (backwater effects from Beech Fork) From the confluence with Rowan Creek to approximately 585 feet upstream of the confluence with Rowan Creek +486 City of Bardstown, Unincorporated Areas of Nelson County. Vittow Creek (backwater effects from Rolling Fork) From the confluence with Rolling Fork to approximately 0.6 mile upstream of the confluence with Rolling Fork +463 Unincorporated Areas of Nelson County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Bardstown Maps are available for inspection at City Hall, 220 North 5th Street, Morgantown, KY 42261. Unincorporated Areas of Nelson County Maps are available for inspection at the Nelson County Courthouse, 113 East Stephen Foster Avenue, Morgantown, KY 42261. Taylor County, Kentucky, and Incorporated Areas Docket No.: FEMA-B-1093 Brushy Fork (backwater effects from Green River Lake) From the confluence with Long Branch to approximately 0.4 mile upstream of the confluence with Long Branch +713 Unincorporated Areas of Taylor County. Green River Lake Entire shoreline +713 Unincorporated Areas of Taylor County. Green River Tributary 24.2 (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 1,300 feet upstream of the confluence with Green River Lake +713 Unincorporated Areas of Taylor County. Long Branch (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 1,022 feet upstream of the confluence with Brushy Fork +713 Unincorporated Areas of Taylor County. Opossum Branch (backwater effects from Green River Lake) From the confluence with Robinson Creek to approximately 1,716 feet upstream of the confluence with Robinson Creek +713 Unincorporated Areas of Taylor County. Robinson Creek (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 730 feet downstream of the confluence with Duton Creek +713 Unincorporated Areas of Taylor County. Robinson Creek Tributary 1 (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 0.6 mile upstream of the confluence with Green River Lake +713 Unincorporated Areas of Taylor County. Robinson Creek Tributary 10 (backwater effects from Robinson Creek) From the confluence with Robinson Creek to approximately 88 feet upstream of Bradfordsville Road +741 Unincorporated Areas of Taylor County. Robinson Creek Tributary 12 (backwater effects from Robinson Creek) From the confluence with Robinson Creek to approximately 1,166 feet upstream of the confluence with Robinson Creek +732 Unincorporated Areas of Taylor County. Robinson Creek Tributary 7 (backwater effects from Robinson Creek) From the confluence with Robinson Creek to approximately 1,855 feet upstream of the confluence with Robinson Creek +750 Unincorporated Areas of Taylor County. Robinson Creek Tributary 8 (backwater effects from Robinson Creek) From the confluence with Robinson Creek to approximately 1,041 feet upstream of the confluence with Robinson Creek +744 Unincorporated Areas of Taylor County. Robinson Creek Tributary 9 (backwater effects from Robinson Creek) From the confluence with Robinson Creek to approximately 55 feet upstream of Bradfordsville Road +743 Unincorporated Areas of Taylor County. Sprat Branch (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 0.7 mile upstream of Elkhorn Road +713 Unincorporated Areas of Taylor County. Stone Quarry Creek (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 1,010 feet upstream of the confluence with Stone Quarry Creek Tributary 5 +713 Unincorporated Areas of Taylor County. Stone Quarry Creek Tributary 5 (backwater effects from Green River Lake) From the confluence with Stone Quarry Creek to approximately 845 feet upstream of the confluence with Stone Quarry Creek +713 Unincorporated Areas of Taylor County. Stoner Creek (backwater effects from Green River Lake) From the confluence with Robinson Creek to approximately 1.2 miles upstream of the confluence with Robinson Creek +713 Unincorporated Areas of Taylor County. Tallow Creek Tributary 4 (backwater effects from Tallow Creek) From the confluence with Tallow Creek to approximately 920 feet upstream of Bradfordsville Road +831 Unincorporated Areas of Taylor County. Wilson Creek (backwater effects from Green River Lake) From the confluence with Green River Lake to approximately 1,630 feet upstream of the confluence with Wilson Creek Tributary 14 +713 Unincorporated Areas of Taylor County. Wilson Creek Tributary 14 (backwater effects from Green River Lake) From the confluence with Wilson Creek to approximately 670 feet upstream of the confluence with Wilson Creek +713 Unincorporated Areas of Taylor County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Taylor County Maps are available for inspection at the Taylor County Judicial Center, 300 East Main Street, Campbellsville, KY 42718. Dorchester County, Maryland, and Incorporated Areas Docket No.: FEMA-B-1083 Marshy Hope Creek At the Caroline County boundary +11 Unincorporated Areas of Dorchester County. Approximately 250 feet downstream of the Town of Federalsburg corporate limits +11 Wright's Branch At Delaware Avenue +35 Unincorporated Areas of Dorchester County. Approximately 400 feet upstream of Andrews Street +37 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Dorchester County Maps are available for inspection at the Dorchester County Office Building, 501 Court Lane, Cambridge, MD 21613. Grenada County, Mississippi, and Incorporated Areas Docket No.: FEMA-B-1093 Grenada Lake Entire shoreline within community +237 City of Grenada, Unincorporated Areas of Grenada County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Grenada Maps are available for inspection at City Hall, 108 South Main Street, Grenada, MS 38901. Unincorporated Areas of Grenada County Maps are available for inspection at the Grenada County Courthouse, 59 Green Street, Room 1, Grenada, MS 38901. Dade County, Missouri, and Incorporated Areas Docket No.: FEMA-B-1093 Stockton Lake Entire shoreline +887 Unincorporated Areas of Dade County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Dade County Maps are available for inspection at 300 West Water Street, Greenfield, MO 65661. Stutsman County, North Dakota, and Incorporated Areas Docket No.: FEMA-B-1087 Spiritwood Lake Approximately 124 feet upstream of 4713 Street Southeast +1448 City of Spiritwood Lake City, Unincorporated Areas of Stutsman County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Spiritwood Lake City Maps are available for inspection at 603 East Lake County Road, Jamestown, ND 58401. Unincorporated Areas of Stutsman County Maps are available for inspection at 511 2nd Avenue Southeast, Jamestown, ND 58401. Dillon County, South Carolina, and Incorporated Areas Docket No.: FEMA-B-1122 Bear Swamp Creek Just upstream of West 5th Avenue +81 Town of Lake View. Approximately 900 feet upstream of Cedar Street +92 Little Pee Dee River Approximately 1,200 feet upstream of the confluence with Maple Swamp +85 Unincorporated Areas of Dillon County. Approximately 1,600 feet upstream of State Route 9 +87 Maple Swamp At the confluence with the Little Pee Dee River +85 Town of Dillon, Unincorporated Areas of Dillon County. Approximately 200 feet upstream of the railroad +104 Maple Swamp Tributary 5 At the confluence with Maple Swamp +106 Town of Dillon, Unincorporated Areas of Dillon County. Approximately 1,400 feet upstream of Longstreet Road +113 Reedy Creek Tributary 1 Approximately 3,000 feet downstream of Academy Street +88 Town of Latta, Unincorporated Areas of Dillon County. Just upstream of the railroad +103 Reedy Creek Tributary 2 Approximately 2,000 feet downstream of West Academy Street +93 Town of Latta, Unincorporated Areas of Dillon County. Approximately 600 feet upstream of Manning View Road +102 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ‸ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Town of Dillion Maps are available for inspection at 401 West Main Street, Dillon, SC 29536. Town of Lake View Maps are available for inspection at 205 North Main Street, Lake View, SC 29563. Town of Latta Maps are available for inspection at 107 Northwest Railroad Avenue, Latta, SC 29565. Unincorporated Areas of Dillon County Maps are available for inspection at 109 South 3rd Street, Dillon, SC 29536. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 16, 2011. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency. FR Doc. 2011-12653 Filed 5-20-11; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 [Docket No. FWS-R9-MB-2009-0018; 91200-1231-9BPP] RIN 1018-AT60 Migratory Bird Permits; Changes in the Regulations Governing Raptor Propagation AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: We amend the regulations governing captive propagation of raptors in the United States. We reorganize the current regulations, and add or change some provisions therein. The changes make it easier to understand the requirements for raptor propagation, make it simpler to conduct raptor propagation, and clarify the procedures for obtaining a propagation permit. These regulations continue to prohibit propagation of golden eagles, though we may consider allowing it in the future. DATES: This rule is effective on June 22, 2011. FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, 703-358-1825. SUPPLEMENTARY INFORMATION: I. Background The Fish and Wildlife Service is the Federal agency with the primary responsibility for managing migratory birds. Our authority is based on the Migratory Bird Treaty Act

(MBTA)(16 U.S.C. 703 *et seq.* ), which implements conventions with Great Britain (for Canada), Mexico, Japan, and the Soviet Union (Russia). Raptors (birds of prey) are afforded Federal protection by the 1972 amendment to the Convention for the Protection of Migratory Birds and Game Animals, February 7, 1936, United States-Mexico, as amended; the Convention between the United States and Japan for the Protection of Migratory Birds in Danger of Extinction and Their Environment, September 19, 1974; and the Convention Between the United States of America and the Union of Soviet Socialist Republics (Russia) Concerning the Conservation of Migratory Birds and Their Environment, November 26, 1976. The taking and use of raptors are strictly prohibited except as permitted under regulations implementing the MBTA. Raptors also may be protected by State or tribal regulations. The issuance of permits for migratory birds is authorized by the MBTA and subsequent regulations. They are in title 50, Code of Federal Regulations (CFR), parts 10, 13, 21, and (for eagles) 22. Regulations for issuing permits for propagation of captive raptors are at 50 CFR 21.30. On October 14, 2005, we published in the **Federal Register** a proposed rule to change the regulations governing captive propagation of raptors in the United States (70 FR 60052). We proposed to reorganize the current regulations and add or change some provisions. Our goal was to make it easier for the public to understand the requirements for raptor propagation and the procedures for obtaining a propagation permit. We opened a public comment period on the proposed rule until January 12, 2006. On June 21, 2006, we published a notice of availability of a “Draft Environmental Assessment on Take of Raptors From the Wild for Falconry and Raptor Propagation” (71 FR 35599). We solicited comments on the draft environmental assessment until September 19, 2006, and then on that day, we published a notice in the **Federal Register** to extend the comment period until November 21, 2006 (71 FR 54794). After consideration of all the comments received, we published a notice of availability of the “Final Environmental Assessment on Take of Raptors From the Wild for Falconry and Raptor Propagation” and a Finding of No Significant Impact on June 6, 2007 (72 FR 31268). II. Changes in the Regulations Governing Raptor Propagation We have rewritten the regulations at 50 CFR 21.30 on the propagation of captive raptors in plain language and have changed or added some provisions. The following are substantive changes to the regulations: 1. The permit period is changed from 3 to 5 years. 2. Until they are 1 year old, captive-bred offspring may be used in actual hunting as a means of training them. 3. We eliminate the requirement for reporting within 5 days on eggs laid by raptors in propagation. An annual report on propagation efforts will be required from permittees. 4. A permittee will not have to submit or have a copy of a FWS Form 3-186A for raptors produced by captive propagation if the raptors are kept in the permittee's possession under his or her propagation permit. III. Changes From the Proposed Rule We made many wording and organizational changes from the proposed rule of October 14, 2005 (70 FR 60052). Major changes from the proposed rule are limited. 1. We deleted the provision requiring proof of successful propagation in order to renew a raptor propagation permit. 2. We simplified the facilities requirements now found in paragraph (c). 3. We will allow the use of propagation raptors in education programs per paragraph (n). 4. We will allow hacking of raptors produced by captive propagation per paragraph (q). 5. We will allow ISO-compliant microchips in addition to banding per paragraphs (e)(1)(ii) and (e)(3). IV. Comments on the Proposed Rule We received approximately 500 comments from individuals and organizations, including 6 from States, on the proposed rule published on October 14, 2005 (70 FR 60052). We reviewed the comments, and respond here to the most significant issues raised. Issue. *Requirement for demonstrated propagation success for permit renewal.* A significant proportion of those who commented on this requirement opposed it. Most pointed out that it is very difficult to achieve breeding success with some species, and it may even be difficult with some individual raptors. The change was supported, without explanation, by some States. Response. We agree that this requirement may set too high a standard. We deleted it from this final rule. Issue. *Requirement that propagation raptors be housed separately from other raptors.* Most commenters, including some States, opposed this proposal because it would add an “undue financial burden” for construction of facilities to house the birds. Visual barriers would suffice for separating them. Response. We eliminated this requirement. Issue. *Hacking of captive-bred raptors should be allowed.* Hacking the birds, particularly in their first year, would make them more fit for use in falconry and propagation. Response. We added a provision for hacking. Issue. *Returning used bands.* The current regulations and the proposed regulations require return of used bands. The bands are destroyed when removed, and returning them adds concerns about disease transmission. Response. We revised the language to require destruction of the bands at paragraph (e)(2)(iv). Issue. *Temporary care of nestlings.* It was suggested that we provide a way for “assistants” to the propagator to care for young nestlings, including keeping the nestlings at a location other than the propagator's facilities. This would allow better care of nestlings when, for example, the permittee is at work. Response. We added provisions for such care to the regulations at paragraph (j). Issue. *Maintenance of records after expiration of a propagation permit. Many commenters argued that the requirement for keeping records for 5 years after a permit expires is unwarranted.* After the expiration of the permit, law enforcement is no longer authorized to come onto the former permittee's premises to inspect anything, including the former permittee's paperwork. Law enforcement would have to seek a judicially issued search warrant to come onto the premises to inspect the paperwork of an expired permit. Consequently, the requirement for a permittee to maintain paperwork for an additional 5 years is a burden without any useful benefit. Response. Maintenance of records for 5 years is required of all permit types issued by the Fish and Wildlife Service (50 CFR 13.46). The burden from keeping these records is minimal. Law Enforcement officers may not inspect a former permittee's premises, but they may request the permittee's records, which the permittee agreed to keep. Each permittee should recognize that he or she may want the records later if he or she wishes to get another migratory bird permit, a Convention on International Trade in Endangered Species of Wild Fauna and Flora permit, or a Wild Bird Conservation Act permit. Issue. *“The Division believes that a form 3-186A should be completed and submitted for all birds, including those produced in captive propagation, and kept under the propagation permit of the original propagator. Requiring 3-186A for all birds whenever a bird is produced (reaches 2 weeks post-hatch), acquired, transferred, or added to a propagation permit will enable adequate regulatory oversight by documenting each bird's history.” (State agency)* Response. We understand the State's concerns on this point. However, we believe that banding records should be sufficient for law enforcement purposes. Issue. *“Given the current threats of West Nile Virus, Avian Influenza and environmental pollutants to wild raptor populations, and considering the overwhelming costs of recovering endangered raptor populations, the Service might consider taking steps to encourage raptor propagation in the private sector with more user-friendly oversight.” (State agency)* Response. We have attempted to simplify and clarify these regulations, and we hope that they accomplish what the agency asked. Issue. *Allowing propagators to train offspring by allowing them to hunt.* Two States opposed the provision that would allow propagators to use captive-bred raptors produced in their facilities in hunting or other training activities until the raptors are 1 year old. Response. We recognize that this provision would essentially allow a propagator to fly birds in falconry. However, there is value in exposing first-year raptors to training, hunting, or both. A State may wish to further restrict training of raptors in this manner. Issue. *Many commenters said that we should not require that non-native raptors be banded.* Response. These regulations cover only species protected under the MBTA. We do not require that species not protected under the MBTA be banded. Required Determinations Regulatory Planning and Review (Executive Order 12866) The Office of Management and Budget

(OMB)has determined that this rule is not significant and has not reviewed this rule under Executive Order 12866. OMB bases its determination upon the following four criteria:

(a)Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government,

(b)Whether the rule will create inconsistencies with other Federal agencies' actions,

(c)Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients, and

(d)Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.,* as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, Pub. L. 104-121), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis

(RFA)that describes the effect of the rule on small entities (i.e., small businesses, small organizations, and small government jurisdictions). However, no RFA is required if the head of an agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide the statement of the factual basis for certifying that a rule will not have a significant economic impact on a substantial number of small entities. We have examined this rule's potential effects on small entities as required by the Regulatory Flexibility Act, and have determined that this action will not have a significant economic impact on a substantial number of small entities. This determination is based on the fact that we are not making any changes to the current requirements for raptor propagation facilities (housing). The changes we are making are intended primarily to clarify the requirements for raptor propagation and the procedures for obtaining a raptor propagation permit. In addition, the changes do not affect either the information collected or the fee required to obtain a permit. Consequently, we certify that this rule will not have a significant economic effect on a substantial number of small entities, and a regulatory flexibility analysis is not required. Therefore, this is not a major rule under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) because it will not have a significant impact on a substantial number of small entities. a. This rule does not have an annual effect on the economy of $100 million or more. We foresee no effects on the economy from implementation of this rule. b. This rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. The practice of raptor propagation does not significantly affect costs or prices in any sector of the economy. c. This rule will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Raptor propagation is an endeavor of private individuals. Neither regulation nor practice of raptor propagation significantly affects business activities. Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 *et seq.* ), we have determined the following: a. This rule will not “significantly or uniquely” affect small governments, and thus a Small Government Agency Plan is not required. Raptor propagation is an endeavor of private individuals. Neither regulation nor practice of raptor propagation affects small government activities in any significant way. b. This rule will not produce a Federal mandate of $100 million or greater in any year, i.e., it is not a “significant regulatory action” under the Unfunded Mandates Reform Act. States will not have to alter their raptor propagation regulations to comply with the proposed revisions. Takings In accordance with Executive Order 12630, the rule does not have significant takings implications. This rule has no provision for taking of private property. A takings implication assessment is not required. Federalism This rule does not have sufficient Federalism effects to warrant preparation of a Federalism assessment under Executive Order 13132. It will not interfere with the States' ability to manage themselves or their funds. No significant economic impacts should result from the changes in the regulation of raptor propagation. However, this rule provides the opportunity for States to cooperate in management of raptor propagation permits and to ease the permitting process for permit applicants. Civil Justice Reform In accordance with Executive Order 12988, the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act This proposed rule does not contain new or revised information collection requirements for which OMB approval is required under the Paperwork Reduction Act. Information collection required by this regulation is covered by OMB approval 1018-0022, which expires on November 30, 2010. This regulation does not add to that approved information collection. We may not conduct or sponsor, and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act We have analyzed this rule in accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. 432-437f) and Part 516 of the U.S. Department of the Interior Manual (516 DM).). We completed a Final Environmental Assessment

(FEA)in June 2007 (U.S.F.W.S. 2007) (72 FR 31268; June 6, 2007) to assess establishment of regulations governing the take of raptors for falconry and raptor propagation. We concluded in a Finding of No Significant Impact that the take of raptors from the wild for these purposes is not a major Federal action significantly affecting the quality of the human environment. You can obtain a copy of the EA by contacting the person listed under FOR FURTHER INFORMATION CONTACT . Environmental Consequences of the Action The changes we make are primarily in the combining, reorganizing, and rewriting of the regulations. The environmental impacts of this action are limited. Socio-economic. We do not expect the action to have discernible socio-economic impacts. Raptor populations. This rule will not significantly alter the conduct of raptor propagation in the United States. We expect it to have no discernible effect on them. Endangered and Threatened Species. The regulations have no provisions that affect threatened or endangered species. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated potential effects on federally recognized Indian Tribes and have determined that there are no potential effects. This rule will not interfere with the Tribes' ability to manage themselves or their funds, or to regulate raptor propagation on tribal lands. Energy Supply, Distribution, or Use (Executive Order 13211) Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule only affects the practice of raptor propagation in the United States, it is not a significant regulatory action under Executive Order 12866, and will not significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and thus no Statement of Energy Effects is required. Compliance With Endangered Species Act Requirements Section 7 of the Endangered Species Act

(ESA)of 1973, as amended (16 U.S.C. 1531 *et seq.* ), requires that “The Secretary [of the Interior] shall review other programs administered by him and utilize such programs in furtherance of the purposes of this chapter” (16 U.S.C. 1536(a)(1)). It further states that the Secretary must “insure that any authorized, funded, or completed action” * * * “is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat” (16 U.S.C. 1536(a)(2)). The Division of Threatened and Endangered Species concurred with our finding that the revised regulations will not affect listed species. List of Subjects in 50 CFR Part 21 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation For the reasons stated in the preamble, we hereby amend subparts A and C of part 21, subchapter B, chapter I, title 50 of the Code of Federal Regulations, as follows: PART 21—[AMENDED] 1. The authority citation for part 21 continues to read as follows: Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703. 2. Revise § 21.30 to read as set forth below. § 21.30 Raptor propagation permits.

(a)*Legal basis for regulating raptor propagation.*

(1)Among other actions, the Migratory Bird Treaty Act

(MBTA)(16 U.S.C. 703 *et seq.* ) prohibits any person from capturing from the wild, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell raptors (vultures, kites, eagles, hawks, caracaras, falcons, and owls) listed in § 10.13 of this chapter unless the activities are allowed by Federal permit issued pursuant to this part and part 13 of this chapter, or as permitted by regulations in this part.

(i)This section covers all “native” raptors (accipitriformes, falconiformes, and strigiformes listed in § 10.13 of this chapter), and applies to any person who possesses one or more wild-caught, captive-bred, or hybrid raptors protected under the MBTA to use in raptor propagation, except that neither bald eagles *(Haliaeetus leucocephalus)* nor golden eagles *(Aquila chrysaetos)* may be propagated under these regulations or any other permit regulation listed in part 21 of this chapter.

(ii)You must have a Federal raptor propagation permit before you may capture from the wild, possess, transport, import, purchase, barter, or offer to sell, purchase, or barter any raptor, raptor egg, or raptor semen for propagation purposes. Your State may require that you also have a State permit.

(2)Other regulations, such as those for the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Wild Bird Conservation Act, and State regulations, may affect propagation-related activities. In cases in which more than one set of regulations affect raptor propagation, the most restrictive requirements affecting the activity will apply.

(b)*Species available for raptor propagation.* If you have a raptor propagation permit, you may attempt to propagate any species of raptor listed in § 10.13 of this chapter, with the following exceptions:

(1)You may not propagate bald eagles *(Haliaeetus leucocephalus)* or golden eagles ( *Aquila* *chrysaetos* ) under a raptor propagation permit or any other permit regulation listed in part 21 of this chapter.

(2)If you are authorized by your Regional Migratory Bird Permit office to do so, you may possess and attempt to propagate threatened or endangered raptor species *.* See paragraphs

(f)and

(u)of this section.

(c)*Facilities used for raptor propagation.* In addition to the general conditions found in part 13 of this chapter, raptor propagation permits are subject to the following additional conditions:

(1)You must maintain any tethered raptor you possess under this permit in accordance with the facilities and standards requirements in § 21.29, unless you obtain a written exception to this requirement from your Regional Migratory Bird Permit Office.

(2)For untethered raptors, your breeding facilities must be soundly constructed and entirely enclosed with wood, wire netting, or other suitable material that provides a safe, healthy environment.

(i)Your facilities must minimize the risk of injury by providing protection from predators, pets, and extreme weather conditions.

(ii)Your facilities must minimize the risk of raptor injuries due to collision with interior or perimeter construction materials and equipment, such as support poles, windows, wire netting, perches, or lights.

(iii)Your facilities must have suitable perches and nesting sites, fresh air ventilation, a source of light, a well-drained floor, and ready access for cleaning. Each bird must have access to a pan of clean water unless weather conditions, the perch type used, or some other factor makes access to a water pan unsafe for the raptor.

(iv)You do not need to house your propagation raptors separately from other raptors you hold. However, you must keep raptors that you are not authorized to propagate separated from those you use in propagation.

(d)*Inspection.* In the presence of the permittee, Federal or State officials may inspect propagation raptors, facilities, equipment, and records during business hours on any day of the week.

(e)*Banding of raptors used for propagation.* —(1) * Certain species.* You must band a goshawk *(Accipiter gentilis),* Harris's hawk *(Parabuteo unicinctus),* peregrine falcon *(Falco peregrinus),* or gyrfalcon *(Falco rusticolus)* that you take from the wild to use in captive propagation.

(i)You must use a nonreusable band that we provide.

(ii)You may purchase and implant an ISO (International Organization for Standardization)-compliant 134.2 kHz microchip in the raptor in addition to banding it.

(iii)You must report the information on the raptor (including information identifying the microchip, if you implant one, and where it is located) at *http://permits.fws.gov/186A* or by submitting a paper FWS Form 3-186A form to your State or tribal agency that governs propagation, if applicable, and to us.

(2)*Banding nestlings.* Unless a particular nestling is specifically exempted, you must band every captive-bred raptor within 2 weeks of hatching.

(i)You must use a numbered, seamless band that we will provide.

(ii)You must use a band with an inside diameter that is small enough to prevent loss or removal of the band when the raptor is grown without causing serious injury to the raptor or damaging the band's integrity or one-piece construction.

(iii)You may band a nestling with more than one band of different sizes if you cannot determine the proper size when you band the nestling. You must then remove and destroy all but the correctly sized band before the nestling is 5 weeks old.

(iv)You may submit a letter requesting an exemption from the banding requirement for any nestling or fledgling for which the band causes a problem. If you demonstrate that the band itself or the behavior of the raptor in response to the band poses a hazard to the raptor, we may exempt that raptor from the banding requirement. You must destroy the band after you remove it.

(3)You may purchase and implant an ISO-compliant 134.2 kHz microchip in the raptor in addition to a band. You must report information to identify the microchip and where on the raptor the chip is implanted when you report your acquisition of the raptor.

(4)If a captive-bred raptor is not banded with a seamless band, or if you must remove the seamless band from a captive-bred raptor, you must band the bird with a nonreusable band that we provide.

(f)*Taking and transferring raptors or raptor eggs from the wild to use in propagation.* You may take no more than two raptors or raptor eggs from the wild each year to use in propagation.

(1)The State `must authorize you to take the raptor(s) or egg(s) from the wild.

(2)You must comply with all State laws in taking raptor(s) or egg(s) from the wild.

(3)You may take a raptor listed in § 17.11(h) of this chapter as “endangered” or “threatened” from the wild only if you have a permit under part 17 of this chapter (See paragraph

(u)of this section.).

(4)You may transfer a raptor taken from the wild for propagation to any other person authorized to possess it, except that you must comply with the prohibitions in § 21.29 on a transfer to a falconer.

(g)*Transfer, purchase, sale, or barter of captive-bred raptors, eggs, or semen.*

(1)You may transfer, sell, or barter a lawfully possessed captive-bred raptor to another person authorized to possess captive-bred raptors if the raptor is marked on the metatarsus by a seamless, numbered band that we provide.

(2)You may transfer, sell, or barter a lawfully possessed raptor egg or raptor semen produced by a raptor held under your captive propagation permit (including a raptor taken from the wild) to another raptor propagation permittee.

(3)You may not purchase, sell, or barter any raptor eggs or any raptors taken from the wild in the United States or its territories or possessions, any semen collected from a raptor in the wild in the United States or its territories or possessions, or any raptor hatched from eggs taken from the wild in the United States or its territories or possessions.

(h)*Required paperwork.* You must have a copy of a properly completed FWS Form 3-186A (Migratory Bird Acquisition and Disposition Report) for each raptor you acquire or that is transferred to you.

(1)You do not have to submit or have a copy of an FWS Form 3-186A for raptors you produce by captive propagation if you keep the raptors in your possession under your propagation permit.

(2)If you sell, trade, barter, or transfer a raptor held under your captive propagation permit, even if the transfer is to a falconry permit you hold, you must complete an FWS Form 3-186A and send it to us within 5 calendar days of the transfer.

(i)*Care of a propagation raptor by another person* —

(1)*Care of a propagation raptor by another permittee.* The regulations in this paragraph pertain to care of propagation raptors by persons other than the permittee. Another person who can legally possess raptors may care for a propagation raptor for you for up to 120 calendar days.

(i)The person must have a letter from you authorizing him or her to care for the birds, beginning on the date of your letter.

(ii)The raptor will remain on your raptor propagation permit. If the person who temporarily holds it for you is a falconer or a captive propagator, the raptor will not be counted against his or her possession limit on raptors held for falconry or propagation. However, the other person may not use the raptor in falconry or in propagation.

(iii)If you wish to have someone else care for a propagation raptor for more than 120 days, or if you wish to let another person use the raptor in falconry or captive propagation, you must transfer the raptor to that person and report the transfer by submitting a completed FWS Form 3-186A.

(2)* Care of a propagation raptor by an individual who does not have a propagation or falconry permit.* Another person may care for propagation raptors you possess for up to 120 consecutive calendar days.

(i)The raptor(s) will remain on your propagation permit.

(ii)The raptors must remain in your facilities.

(iii)This care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. The person(s) caring for your raptors may not fly them for any reason.

(j)*Care of nestlings by an individual who does not hold a migratory bird permit.* Another person may temporarily care for and band nestlings you hold from the time they are hatched until they are fully feathered. You may allow the other person to keep the nestlings at another location. You must give the individual a letter authorizing him or her to care for the nestlings, beginning on the date of your letter. The care might be part of each day during the nestling period so that the nestlings can be fed, or it might be a series of full days if transport to and from the breeding facility is not practical or needed.

(k)*Disposition of molted feathers from a live raptor or carcasses of raptors held under your permit.*

(1)You may donate the body or feathers of any species you possess under your propagation permit to any person or institution exempt under § 21.12 or authorized by permit to acquire and possess such parts or feathers.

(2)For any raptor you hold under your propagation permit, if the bird was banded or microchipped prior to its death, you may keep the body to have the feathers available for imping or to have the body mounted by a taxidermist. You may use the mount in propagation activities or in giving conservation education programs. If the bird was banded, you must leave the band on the body. If the bird has an implanted microchip, the microchip must be placed inside the mounted bird.

(3)If you do not wish to donate the bird body or feathers or keep it or them yourself, you must burn, bury, or otherwise destroy it or them within 10 days of the death of the bird or after final examination by a veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. You must take appropriate precautions to avoid such poisonings.

(4)If you do not donate the bird body or feathers or have the body mounted by a taxidermist, you may possess the flight feathers for as long as you have a valid raptor propagation or falconry permit. However, you may not buy, sell, or barter the feathers. You must keep the paperwork documenting your acquisition of the bird.

(l)*Raptor products.* You may possess addled or blown eggs, nests, and feathers from raptors held under permit, and may transfer any of these items to any other person authorized to possess them.

(m)*Release to the wild.* You may release a captive-bred raptor to the wild if it is allowed by the State or territory in which you wish to release the raptor, except that you may not release a hybrid raptor to the wild. You must leave the captive-bred band on any raptor you release to the wild.

(n)*Conservation education programs.* You may use a raptor you possess for raptor propagation in conservation education programs presented in public venues.

(1)You do not need a Federal education permit to conduct conservation education activities using a propagation raptor.

(2)You must use the raptor primarily for propagation.

(3)You may charge a fee for presentation of a conservation education program. The fee may not exceed the amount required to recoup your costs.

(4)In conservation education programs, you must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. You may not give presentations that do not address falconry and conservation education.

(5)You are responsible for all liability associated with conservation education activities you undertake (see § 13.50 of this chapter).

(o)*Permit restrictions.* With limited exceptions, you may use raptors held under your captive propagation permit only for propagation or keep them to transfer or sell. You must transfer a raptor used in captive propagation to a falconry permit before you or another person may use it in falconry. If you transfer a raptor used in captive propagation to another permit, you and the recipient of the raptor (which might be you) must complete an FWS Form 3-186A and report the transfer. You do not need to transfer a bird from your falconry permit (if you hold one) if you use the bird for fewer than 8 months in a year in captive propagation, but you must do so if you permanently transfer the bird for propagation. The bird must then be banded as required in paragraph (e).

(p)*Training propagation raptors.* You may use falconry training or conditioning practices such as, but not limited to, creance (tethered) flying, lures, balloons, or kites in training or conditioning captive-bred progeny of raptors you hold under your permit.

(1)Until the raptors are 1 year old, you may use captive-bred offspring in actual hunting as a means of training them. To do so, you will not need to transfer them to another permit type. You may not use them in hunting after their first year if they are held under your captive propagation permit.

(2)Any hybrid raptor that you fly free must have at least two attached radio transmitters to help you to locate the bird.

(3)You may not hunt at any time with raptors you use in propagation.

(q)*Hacking of propagation raptors.* “Hacking” (temporary release to the wild) is an approved method to condition raptors. You may hack a raptor that you produce under your propagation permit.

(1)You may need permission from your State or tribal wildlife agency to hack a raptor you possess under your propagation permit. Check with your State or tribal agency that regulates falconry to determine if hacking is allowed.

(2)Any hybrid you hack must have two attached functioning radio transmitters during hacking.

(3)You may not hack a raptor near a nesting area of a federally threatened or endangered bird species or in any other location where the raptor is likely to harm a federally listed threatened or endangered animal species that might be disturbed or taken by your falconry raptor. You should contact your State or territorial wildlife agency before hacking a falconry raptor to ensure that this does not occur. Contact the Fish and Wildlife Service office in your State or territory for information on federally listed species.

(r)*Transfer of propagation raptors and offspring if a permittee dies.* A surviving spouse, executor, administrator, or other legal representative of a deceased raptor propagation permittee may transfer any bird, eggs, or semen held by the deceased permittee to another authorized permittee within 90 days of the death of the falconry permittee. After 90 days, disposition of a bird held under the permit is at our discretion.

(s)*Records of captive propagation efforts.* You must maintain complete and accurate records of all operations, including the following, for at least 5 years after the expiration of your permit. However, you may want to retain your records for a longer time if you want to get another migratory bird permit, a Convention on International Trade in Endangered Species of Wild Fauna and Flora permit, or a Wild Bird Conservation Act permit.

(1)The acquisition of raptors, eggs, or semen you acquired from the wild or that were transferred to you.

(i)What you acquired, and the species, sex, age, and band number of each bird you acquired.

(ii)Whether you acquired the raptor, egg, or semen from the wild or you purchased it or it was transferred to you.

(2)The disposition of raptors, eggs, or semen you sell or transfer to another permittee. The information should include the band number of raptors you sell or transfer.

(t)*Annual report.* You must submit a completed FWS Form 3-202-8 to your Regional Migratory Bird Permit office by January 31 each year for January 1 through December 31 of the preceding year.

(u)*Endangered or threatened species.* If you wish to propagate endangered or threatened species, you must have at least 2 years of experience handling raptors in a propagation program or programs. You may also need an endangered species permit to propagate threatened or endangered raptors. See §§ 17.21 and 17.22 of this chapter for permit requirements to propagate threatened or endangered raptors.

(v)*Applying for a Federal raptor propagation permit.* Using FWS Form 3-200-12, you must submit your application for a raptor propagation permit to the appropriate Regional Director, to the attention of the Migratory Bird Permit Office. You can find addresses for the Regional Directors in 50 CFR 2.2. Your application must contain the general information and the certification required in § 13.12(a) of this chapter, a copy of your State permit authorizing raptor propagation, if your State requires one, and a description (including dimensions), drawings, and photographs of the facilities and equipment you will use.

(w)*Criteria for issuing a permit.* When we receive a completed application, we will decide whether we should issue a permit to you. We will consider the general criteria in part 13 of this chapter and the following factors:

(1)You must be at least 18 years old and have at least 2 full years of experience handling raptors.

(2)You must have a propagation permit or other authorization for raptor propagation from your State or Tribe, if your State or Tribe requires it.

(3)Your raptor propagation facilities must be adequate for the number and species of raptors to be held under your permit.

(x)*Updating a raptor propagation permit after a move.* If you move within your State or get a new mailing address, you must notify us within 30 days (see § 13.23(c) of this chapter). If you move to a new State, within 30 days you must inform both your former and your new (if applicable) Migratory Bird Permit Offices of your address change. If you have new propagation facilities, you must provide information, pictures, and diagrams of them, and they may be inspected in accordance with Federal or State requirements. Thereafter, no mandatory inspections of the facilities will continue.

(y)*Permit expiration.* Your Federal permit may be valid for up to 5 years from when it is issued or renewed. It will expire on the same day as your State permit, unless your State permit is for a period longer than 5 years, or unless we amend, suspend, or revoke it. Dated: May 12, 2011. Will Shafroth, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2011-12519 Filed 5-20-11; 8:45 am]

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U.S. Code