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66285

Proposed Rules Federal Register


Vol. 71, No. 219

Tuesday, November 14, 2006

This section of the FEDERAL REGISTER Wednesday, November 1, 2006, no one SUPPLEMENTARY INFORMATION: FEMA
contains notices to the public of the proposed has requested to speak. Therefore, the proposes to make determinations of
issuance of rules and regulations. The public hearing scheduled for November BFEs and modified BFEs for each
purpose of these notices is to give interested 21, 2006, is cancelled. community listed below, in accordance
persons an opportunity to participate in the
with Section 110 of the Flood Disaster
rule making prior to the adoption of the final Cynthia Grigsby,
rules. Protection Act of 1973, 42 U.S.C. 4104,
Senior Federal Register Liaison, Publications
and Regulations Branch, Legal Processing
and 44 CFR 67.4(a).
Division, Associate Chief Counsel (Procedure These proposed BFEs and modified
DEPARTMENT OF THE TREASURY and Administration). BFEs, together with the floodplain
[FR Doc. E6–19138 Filed 11–13–06; 8:45 am] management criteria required by 44 CFR
Internal Revenue Service 60.3, are the minimum that are required.
BILLING CODE 4830–01–P
They should not be construed to mean
26 CFR Part 1 that the community must change any
[REG–208270–86] existing ordinances that are more
DEPARTMENT OF HOMELAND stringent in their floodplain
RIN 1545–AM12 SECURITY management requirements. The
Income and Currency Gain or Loss Federal Emergency Management community may at any time enact
With Respect to a Section 987 QBU; Agency stricter requirements of its own, or
Hearing Cancellation pursuant to policies established by other
44 CFR Part 67 Federal, state or regional entities. These
AGENCY: Internal Revenue Service (IRS), proposed elevations are used to meet
Treasury. [Docket No. FEMA–D–7682] the floodplain management
ACTION: Cancellation of notice of public requirements of the NFIP and are also
hearing on proposed rulemaking. Proposed Flood Elevation used to calculate the appropriate flood
Determinations insurance premium rates for new
SUMMARY: This document cancels a buildings built after these elevations are
public hearing on proposed regulations AGENCY: Federal Emergency
made final, and for the contents in these
concerning the determination of the Management Agency (FEMA),
buildings.
items of income or loss of a taxpayer Department of Homeland Security,
Mitigation Division. National Environmental Policy Act.
with respect to a section 987 qualified
ACTION: Proposed rule. This proposed rule is categorically
business unit, as well as the timing,
excluded from the requirements of 44
amount, character and source of any
SUMMARY: Technical information or CFR Part 10, Environmental
section 987 gain or loss.
comments are requested on the Consideration. No environmental
DATES: The public hearing, originally impact assessment has been prepared.
proposed Base (1% annual chance)
scheduled for November 21, 2006, at 10 Flood Elevations (BFEs) and proposed
a.m. is cancelled. Regulatory Flexibility Act. As flood
BFEs modifications for the communities elevation determinations are not within
FOR FURTHER INFORMATION CONTACT: listed below. The BFEs are the basis for the scope of the Regulatory Flexibility
Kelly Banks of the Publications and the floodplain management measures Act, 5 U.S.C. 601–612, a regulatory
Regulations Branch, Legal Processing that the community is required either to flexibility analysis is not required.
Division, Associate Chief Counsel adopt or to show evidence of being
(Procedure and Administration) at (202) already in effect in order to qualify or Regulatory Classification. This
622–0392 (not a toll-free number). remain qualified for participation in the proposed rule is not a significant
SUPPLEMENTARY INFORMATION: A notice National Flood Insurance Program regulatory action under the criteria of
of proposed rulemaking and notice of (NFIP). Section 3(f) of Executive Order 12866 of
public hearing that appeared in the September 30, 1993, Regulatory
DATES: The comment period is ninety Planning and Review, 58 FR 51735.
Federal Register on Thursday, (90) days following the second
September 7, 2006 (71 FR 52876), publication of this proposed rule in a Executive Order 13132, Federalism.
announced that a public hearing was newspaper of local circulation in each This rule involves no policies that have
scheduled for November 21, 2006, at 10 community. federalism implications under Executive
a.m. in the IRS Auditorium, New Order 13132.
Carrollton Federal Building, 5000 Ellin ADDRESSES: The proposed BFEs for each
Executive Order 12988, Civil Justice
Road, Lanham, MD 20706. The subject community are available for inspection
at the office of the Chief Executive Reform. This rule meets the applicable
of the public hearing is under section standards of Executive Order 12988.
987 of the Internal Revenue Code. Officer of each community. The
The public comment period expires respective addresses are listed in the List of Subjects in 44 CFR Part 67
sroberts on PROD1PC70 with PROPOSALS

on December 6, 2006. The notice of table below.


proposed rulemaking and notice of FOR FURTHER INFORMATION CONTACT: Administrative practice and
public hearing instructed those William R. Blanton, Jr., Engineering procedure, Flood insurance, Reporting
interested in testifying at the public Management Section, Mitigation and recordkeeping requirements.
hearing to submit an outline of the Division, 500 C Street, SW., Accordingly, 44 CFR part 67 is
topics to be addressed. As of Washington, DC 20472, (202) 646–3151. proposed to be amended as follows:

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66286 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules

PART 67—[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 67.4 [Amended]


Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the
1. The authority citation for part 67 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 67.4 are proposed to be
continues to read as follows: 3 CFR, 1979 Comp., p. 376. amended as follows:

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Caswell County, North Carolina and Incorporated Areas

Bear Branch ........................ At the confluence with Moon Creek ................................ None ........ +426 Caswell County (Unincor-
porated Areas).
Approximately 2.6 miles upstream of the confluence None ........ +469
with Moon Creek.
Tributary 1 .................... At the confluence with Bear Branch ............................... None ........ +432 Caswell County (Unincor-
porated Areas).
Approximately 900 feet upstream of the confluence with None ........ +432
Bear Branch.
Tributary 2 .................... At the confluence with Bear Branch ............................... None ........ +457 Caswell County (Unincor-
porated Areas).
Approximately 0.6 mile upstream of the confluence with None ........ +480
Bear Branch.
Benaja Creek ...................... At the confluence with South Country Line Creek ......... None ........ +430 Caswell County (Unincor-
porated Areas).
Approximately 0.5 mile upstream of the confluence with None ........ +437
South Country Line Creek.
Burkes Creek ...................... At the confluence with Penson Creek ............................ None ........ +462 Caswell County (Unincor-
porated Areas).
Approximately 150 feet upstream of Oakview Loop None ........ +570
Road (SR 1156).
Burlington Reservoir ........... Backwater area approximately 0.8 mile west along None ........ +579 Caswell County (Unincor-
Caswell/Alamance County boundary from Tom’s porated Areas).
Creek Crossing County boundary.
Byrds Creek ........................ At the confluence with South Country Line Creek ......... None ........ +457 Caswell County (Unincor-
porated Areas).
Approximately 2.6 miles upstream of Fitch Road (SR None ........ +581
1751).
Cane Creek ......................... At the confluence with Dan River ................................... None ........ +384 Caswell County (Unincor-
porated Areas).
Approximately 250 feet upstream of Mountain Hill Road None ........ +384
(SR 1527).
Cobbs Creek ....................... At the Caswell/Person County boundary ........................ None ........ +422 Caswell County (Unincor-
porated Areas).
Approximately 75 feet upstream of Old Durham Road None ........ +536
(SR 1700).
Tributary 1 .................... At the confluence with Cobbs Creek .............................. None ........ +436 Caswell County (Unincor-
porated Areas).
Approximately 1.5 miles upstream of the confluence None ........ +495
with Cobbs Creek.
Country Line Creek ............. Approximately 0.6 mile downstream of Broad Street ..... None ........ +377 Caswell County (Unincor-
porated Areas), Town of
Milton, Town of
Yanceyville.
Approximately 1.4 miles upstream of Camp Springs None ........ +603
Road (SR 1146).
Tributary 1 .................... At the confluence with Country Line Creek .................... None ........ +377 Caswell County (Unincor-
porated Areas), Town of
Milton.
Approximately 0.5 mile upstream of Doll Branch Road None ........ +461
(SR 1538).
Tributary 10 .................. At the confluence with Country Line Creek .................... None ........ +426 Caswell County (Unincor-
porated Areas).
sroberts on PROD1PC70 with PROPOSALS

Approximately 0.6 mile upstream of the confluence with None ........ +447
Country Line Creek.
Tributary 11 .................. At the confluence with Country Line Creek .................... None ........ +431 Caswell County (Unincor-
porated Areas).
Approximately 2.1 miles upstream of NC Highway 62 ... None ........ +504
Tributary 12 .................. At the confluence with Country Line Creek .................... None ........ +499 Caswell County (Unincor-
porated Areas).

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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules 66287

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Approximately 0.8 mile upstream of the confluence with None ........ +499
Country Line Creek.
Tributary 13 .................. At the confluence with Country Line Creek .................... None ........ +499 Caswell County (Unincor-
porated Areas).
Approximately 1.8 miles upstream of the confluence None ........ +537
with Country Line Creek.
Tributary 14 .................. At the confluence with Country Line Creek .................... None ........ +500 Caswell County (Unincor-
porated Areas).
Approximately 1.7 miles upstream of the confluence None ........ +557
with Country Line Creek.
Tributary 15 .................. At the confluence with Country Line Creek .................... None ........ +500 Caswell County (Unincor-
porated Areas).
Approximately 1.4 miles upstream of the confluence None ........ +529
with Country Line Creek.
Tributary 16 .................. At the confluence with Country Line Creek .................... None ........ +511 Caswell County (Unincor-
porated Areas).
Approximately 2.1 miles upstream of the confluence None ........ +586
with Country Line Creek.
Tributary 16A ............... At the confluence with Country Line Creek Tributary 16 None ........ +518 Caswell County (Unincor-
porated Areas).
Approximately 0.7 mile upstream of the confluence with None ........ +548
Country Line Creek Tributary 16.
Tributary 17 .................. At the confluence with Country Line Creek .................... None ........ +531 Caswell County (Unincor-
porated Areas).
Approximately 0.7 mile upstream of the confluence with None ........ +559
Country Line Creek.
Tributary 18 .................. At the confluence with Country Line Creek .................... None ........ +538 Caswell County (Unincor-
porated Areas).
Approximately 0.6 mile upstream of the confluence with None ........ +561
Country Line Creek.
Tributary 19 .................. At the confluence with Country Line Creek .................... None ........ +542 Caswell County (Unincor-
porated Areas).
Approximately 1.1 miles upstream of the confluence None ........ +591
with Country Line Creek.
Tributary 19A ............... At the confluence with Country Line Creek Tributary 19 None ........ +550 Caswell County (Unincor-
porated Areas).
Approximately 1.3 miles upstream of the confluence None ........ +605
with Country Line Creek Tributary 19.
Tributary 2 .................... At the confluence with Country Line Creek .................... None ........ +377 Caswell County (Unincor-
porated Areas).
Approximately 0.5 mile upstream of the confluence with None ........ +378
Country Line Creek.
Tributary 3 .................... At the confluence with Country Line Creek .................... None ........ +390 Caswell County (Unincor-
porated Areas).
Approximately 1.4 miles upstream of the confluence None ........ +414
with Country Line Creek.
Tributary 4 .................... At the confluence with Country Line Creek .................... None ........ +392 Caswell County (Unincor-
porated Areas).
Approximately 1.2 miles upstream of the confluence None ........ +409
with Country Line Creek.
Tributary 5 .................... At the confluence with Country Line Creek .................... None ........ +395 Caswell County (Unincor-
porated Areas).
Approximately 0.7 mile upstream of the confluence with None ........ +401
Country Line Creek.
Tributary 6 .................... At the confluence with Country Line Creek .................... None ........ +407 Caswell County (Unincor-
porated Areas).
Approximately 0.5 mile upstream of the confluence with None ........ +409
Country Line Creek.
Tributary 7 .................... At the confluence with Country Line Creek .................... None ........ +408 Caswell County (Unincor-
sroberts on PROD1PC70 with PROPOSALS

porated Areas).
Approximately 1.4 miles upstream of the confluence None ........ +456
with Country Line Creek.
Tributary 8 .................... At the confluence with Country Line Creek .................... None ........ +412 Caswell County (Unincor-
porated Areas).
Approximately 0.9 mile upstream of the confluence with None ........ +432
Country Line Creek.

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66288 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Tributary 9 .................... At the confluence with Country Line Creek .................... None ........ +417 Caswell County (Unincor-
porated Areas).
Approximately 1.4 miles upstream of the confluence None ........ +451
with Country Line Creek.
Coy Creek ........................... At the confluence with Dan River ................................... None ........ +388 Caswell County (Unincor-
porated Areas).
Approximately 1.1 miles upstream of the confluence None ........ +392
with Dan River.
Dan River (downstream Approximately 250 feet downstream of North Broad None ........ +378 Caswell County (Unincor-
reach). Street (SR 57). porated Areas), Town of
Milton.
Approximately 1.0 mile upstream of the confluence of None ........ +395
Hogans Creek.
Dan River (near Williamson At the NC/VA State boundary ......................................... None ........ +466 Caswell County (Unincor-
Creek). porated Areas).
At the Caswell/Rockingham County boundary ............... None ........ +470
Dan River Tributary 1 ......... At the North Carolina/Virginia State boundary ............... None ........ +466 Caswell County (Unincor-
porated Areas).
Approximately 1.2 miles upstream of the North Caro- None ........ +479
lina/Virginia State boundary.
East Prong Moon Creek ..... At the confluence with Moon Creek ................................ None ........ +432 Caswell County (Unincor-
porated Areas).
Approximately 2.7 miles upstream of Hodges Dairy None ........ +547
Road.
Tributary 1 .................... At the confluence with East Prong Moon Creek ............ None ........ +498 Caswell County (Unincor-
porated Areas).
Approximately 400 feet upstream of James Foster None ........ +517
Road (SR 1312).
Tributary 2 .................... At the confluence with East Prong Moon Creek ............ None ........ +501 Caswell County (Unincor-
porated Areas).
Approximately 0.8 mile upstream of the confluence with None ........ +528
East Prong Moon Creek.
Tributary 3 .................... At the confluence with East Prong Moon Creek ............ None ........ +503 Caswell County (Unincor-
porated Areas).
Approximately 2.4 miles upstream of the confluence None ........ +570
with East Prong Moon Creek.
Glasby Branch .................... At the confluence with Cane Creek ................................ None ........ +384 Caswell County (Unincor-
porated Areas).
At the Caswell County, NC/Pittsylvania County, VA None ........ +408
State boundary.
Grays Branch ...................... At the confluence with Stony Creek ............................... None ........ +619 Caswell County (Unincor-
porated Areas).
Approximately 1.5 miles upstream of Shaw Road ......... None ........ +738
Hyco Creek Tributary 1 ....... At the confluence with Hyco Creek ................................ None ........ +522 Caswell County (Unincor-
porated Areas).
Approximately 1.2 miles upstream of the confluence None ........ +586
with Hyco Creek.
Hogans Creek ..................... At the confluence with Dan River ................................... None ........ +393 Caswell County (Unincor-
porated Areas).
Approximately 1,000 feet upstream of the Rockingham/ None ........ +476
Caswell County boundary.
Hogans Creek Tributary 1 .. At the confluence with Hogans Creek ............................ None ........ +397 Caswell County (Unincor-
porated Areas).
Approximately 120 feet downstream of NC Highway 86 None ........ +418
Tributary 1A ................. At the confluence with Hogans Creek Tributary 1 .......... None ........ +399 Caswell County (Unincor-
porated Areas).
Approximately 740 feet upstream of the confluence with None ........ +404
Hogans Creek Tributary 1.
Tributary 2 .................... At the confluence with Hogans Creek ............................ None ........ +400 Caswell County (Unincor-
porated Areas).
sroberts on PROD1PC70 with PROPOSALS

Approximately 0.4 mile upstream of NC Highway 86 ..... None ........ +417


Tributary 3 .................... At the confluence with Hogans Creek ............................ None ........ +420 Caswell County (Unincor-
porated Areas).
Approximately 200 feet downstream of Chigger Ridge None ........ +420
Road.
Tributary 4 .................... At the Rockingham/Caswell County boundary ............... None ........ +476 Caswell County (Unincor-
porated Areas).

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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules 66289

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Approximately 1,500 feet upstream of the Rockingham/ None ........ +479


Caswell County boundary.
Hostler Branch .................... At the confluence with Country Line Creek .................... None ........ +507 Caswell County (Unincor-
porated Areas).
Approximately 4.9 miles upstream of NC Highway 150 None ........ +637
Tributary 1 .................... At the confluence with Hostler Branch ........................... None ........ +531 Caswell County (Unincor-
porated Areas).
Approximately 0.7 mile upstream of the confluence with None ........ +556
Hostler Branch.
Hyco Creek ......................... Approximately 1.9 miles downstream of the confluence None ........ +413 Caswell County (Unincor-
with Kilgore Creek (into Hyco Creek). porated Areas).
Approximately 2.0 miles upstream of Gunn Poole Road None ........ +572
(SR 1767).
Hyco Lake ........................... Entire shoreline within Caswell County .......................... None ........ +413 Caswell County (Unincor-
porated Areas).
Kilgore Creek (into Country At the confluence with Country Line Creek .................... None ........ +386 Caswell County (Unincor-
Line Creek). porated Areas).
Approximately 1.2 miles upstream of Jack Pointer Road None ........ +430
(SR 1557).
Kilgore Creek (into Hyco At the confluence with Hyco Creek ................................ None ........ +427 Caswell County (Unincor-
Creek). porated Areas).
Approximately 2.1 miles upstream of U.S. 158 .............. None ........ +562

Little Wolf Island Creek ....... At the confluence with Wolf Island Creek ....................... None ........ +472 Caswell County (Unincor-
porated Areas).
Approximately 0.6 mile upstream of the confluence with None ........ +475
Wolf Island Creek.
Lick Fork Creek ................... At the confluence with Hogans Creek ............................ None ........ +470 Caswell County (Unincor-
porated Areas).
At the Rockingham/Caswell County boundary ............... None ........ +470
Little Rattlesnake Creek ...... At the confluence with Dan River ................................... None ........ +383 Caswell County (Unincor-
porated Areas).
Approximately 1,500 feet upstream of Old Saterfield None ........ +459
Road (SR 1534).
Lynch Creek ........................ At the confluence with Hyco Creek ................................ None ........ +477 Caswell County (Unincor-
porated Areas).
Approximately 1.5 miles upstream of Dave Smith Road None ........ +565
(SR 1771).
Tributary 1 .................... At the confluence with Lynch Creek ............................... None ........ +512 Caswell County (Unincor-
porated Areas).
Approximately 2.1 miles upstream of the confluence None ........ +606
with Lynch Creek.
Tributary 2 .................... At the confluence with Lynch Creek ............................... None ........ +536 Caswell County (Unincor-
porated Areas).
At the Caswell/Alamance County boundary ................... None ........ +617
Moon Creek ........................ At the confluence with Dan River ................................... None ........ +391 Caswell County (Unincor-
porated Areas).
Approximately 700 feet upstream of Big Oak Farm None ........ +504
Road (SR 1303).
Tributary 1 .................... At the confluence with Moon Creek ................................ None ........ +391 Caswell County (Unincor-
porated Areas).
Approximately 1.2 miles upstream of the confluence None ........ +514
with Moon Creek.
Tributary 2 .................... At the confluence with Moon Creek ................................ None ........ +393 Caswell County (Unincor-
porated Areas).
Approximately 1,800 feet upstream of the confluence None ........ +395
with Moon Creek.
Tributary 3 .................... At the confluence with Moon Creek ................................ None ........ +401 Caswell County (Unincor-
porated Areas).
Approximately 0.8 mile upstream of the confluence with None ........ +436
sroberts on PROD1PC70 with PROPOSALS

Moon Creek.
Tributary 4 .................... At the confluence with Moon Creek ................................ None ........ +403 Caswell County (Unincor-
porated Areas).
Approximately 1,400 feet upstream of the confluence None ........ +408
with Moon Creek.
Tributary 5 .................... At the confluence with Moon Creek ................................ None ........ +414 Caswell County (Unincor-
porated Areas).

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66290 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Approximately 0.6 mile upstream of the confluence with None ........ +435
Moon Creek.
Tributary 6 .................... At the confluence with Moon Creek ................................ None ........ +415 Caswell County (Unincor-
porated Areas).
Approximately 1,350 feet upstream of the confluence None ........ +425
with Moon Creek.
Nats Fork ............................ At the confluence with Country Line Creek .................... None ........ +500 Caswell County (Unincor-
porated Areas).
Approximately 0.8 mile upstream of the confluence with None ........ +503
Country Line Creek.
Negro Creek ........................ At the confluence with Hyco Creek ................................ None ........ +489 Caswell County (Unincor-
porated Areas).
Approximately 0.8 mile upstream of the confluence of None ........ +617
Negro Creek Tributary 2.
Tributary 1 .................... At the confluence with Negro Creek ............................... None ........ +499 Caswell County (Unincor-
porated Areas).
Approximately 1.3 miles upstream of Gunn Poole Road None ........ +635
(SR 1767).
Tributary 2 .................... At the confluence with Negro Creek ............................... None ........ +592 Caswell County (Unincor-
porated Areas).
Approximately 0.8 mile upstream of the confluence with None ........ +643
Negro Creek.
North Fork Rattlesnake At the confluence with Rattlesnake Creek ...................... None ........ +389 Caswell County (Unincor-
Creek. porated Areas).
Approximately 3.2 miles upstream of Slade Road ......... None ........ +543
Panthers Branch ................. At the confluence with Hyco Creek ................................ None ........ +475 Caswell County (Unincor-
porated Areas).
Approximately 1.7 miles upstream of Barnwell Road None ........ +634
(SR 1774).
Tributary 1 .................... At the confluence with Panthers Branch ........................ None ........ +500 Caswell County (Unincor-
porated Areas).
Approximately 2.4 miles upstream of the confluence None ........ +620
with Negro Creek.
Penson Creek ..................... At the confluence with South Country Line Creek ......... None ........ +452 Caswell County (Unincor-
porated Areas).
Approximately 0.9 mile upstream of Badgett Sisters None ........ +593
Parkway (SR 1156).
Pumpkin Creek ................... At the North Carolina/Virginia State boundary ............... None ........ +443 Caswell County (Unincor-
porated Areas).
Approximately 1.3 miles upstream of the North Caro- None ........ +472
lina/Virginia State boundary.
Rattlesnake Creek .............. At the confluence with Dan River ................................... None ........ +389 Caswell County (Unincor-
porated Areas).
At the confluence of North Fork and South Fork Rattle- None ........ +389
snake Creeks.
Tributary 1 .................... At the confluence with Rattlesnake Creek ...................... None ........ +389 Caswell County (Unincor-
porated Areas).
Approximately 0.7 mile upstream of the confluence with None ........ +396
Rattlesnake Creek.
Tributary 2 .................... At the confluence with Rattlesnake Creek ...................... None ........ +389 Caswell County (Unincor-
porated Areas).
Approximately 1.9 miles upstream of the confluence None ........ +436
with Rattlesnake Creek.
Tributary 2A ................. At the confluence with Rattlesnake Creek Tributary 2 ... None ........ +389 Caswell County (Unincor-
porated Areas).
Approximately 1.6 miles upstream of the confluence None ........ +470
with Rattlesnake Creek Tributary 2.
Reedy Fork Creek ............... Approximately 1.2 miles downstream of the confluence None ........ +413 Caswell County (Unincor-
with Reedy Fork Creek Tributary 1. porated Areas).
sroberts on PROD1PC70 with PROPOSALS

Approximately 4.9 miles upstream of U.S. 158 .............. None ........ +550
Tributary 1 .................... At the confluence with Reedy Fork Creek ...................... None ........ +426 Caswell County (Unincor-
porated Areas).
Approximately 0.7 mile upstream of the confluence with None ........ +451
Reedy Fork Creek.
Tributary 2 .................... At the confluence with Reedy Fork Creek ...................... None ........ +437 Caswell County (Unincor-
porated Areas).

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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules 66291

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Approximately 0.7 mile upstream of the confluence with None ........ +453
Reedy Fork Creek.
South Country Line Creek .. At the confluence with Country Line Creek .................... None ........ +426 Caswell County (Unincor-
porated Areas).
Approximately 3.7 miles upstream of Rascoe Dameron None ........ +594
Road (SR 1759).
Tributary 1 .................... At the confluence with South Country Line Creek ......... None ........ +446 Caswell County (Unincor-
porated Areas).
Approximately 875 feet upstream of the confluence with None ........ +446
South Country Line Creek.
Tributary 2 .................... At the confluence with South Country Line Creek ......... None ........ +450 Caswell County (Unincor-
porated Areas).
Approximately 2.9 miles upstream of the confluence None ........ +552
with South Country Line Creek.
Tributary 2A ................. At the confluence with South Country Line Creek Tribu- None ........ +463 Caswell County (Unincor-
tary 2. porated Areas).
Approximately 1.8 miles upstream of the confluence None ........ +536
with South Country Line Creek Tributary 2.
Tributary 2A1 ............... At the confluence with South Country Line Creek Tribu- None ........ +476 Caswell County (Unincor-
tary 2A. porated Areas).
Approximately 0.4 mile upstream of the confluence with None ........ +506
South Country Line Creek Tributary 2A.
Tributary 3 .................... At the confluence with South Country Line Creek ......... None ........ +486 Caswell County (Unincor-
porated Areas).
Approximately 0.9 mile upstream of the confluence with None ........ +532
South Country Line Creek.
Tributary 4 .................... At the confluence with South Country Line Creek ......... None ........ +518 Caswell County (Unincor-
porated Areas).
Approximately 1.4 miles upstream of the confluence None ........ +574
with South Country Line Creek.
South Fork Rattlesnake At the confluence with Rattlesnake Creek ...................... None ........ +389 Caswell County (Unincor-
Creek. porated Areas), Town of
Yanceyville.
Approximately 600 feet downstream of Fire Tower None ........ +536
Road.
South Hyco Creek ............... Approximately 1,300 feet downstream from the toe of None ........ +445 Caswell County (Unincor-
South Hyco Dam. porated Areas).
At the Caswell/Orange County boundary ....................... None ........ +590
Tributary 2 .................... At the Caswell/Person County boundary ........................ None ........ +553 Caswell County (Unincor-
porated Areas).
Approximately 700 feet upstream of the Caswell/Person None ........ +572
County boundary.
Sugartree Creek .................. At the confluence with South Hyco Creek ...................... None ........ +486 Caswell County (Unincor-
porated Areas).
Approximately 2.5 miles upstream of Wrenn Road ........ None ........ +599
Tardy Branch ...................... At the confluence with Wolf Island Creek ....................... None ........ +468 Caswell County (Unincor-
porated Areas).
Approximately 0.9 mile upstream of the confluence with None ........ +480
Wolf Island Creek.
Toms Creek ........................ Approximately 50 feet downstream of the Alamance/ None ........ +596 Caswell County (Unincor-
Caswell County boundary. porated Areas).
Approximately 0.6 mile upstream of Kerr’s Chapel Road None ........ +637
West Prong Moon Creek .... At the confluence with East Prong Moon Creek ............ None ........ +478 Caswell County (Unincor-
porated Areas).
Approximately 250 feet upstream of Jones Road (SR None ........ +531
1315).
Wolf Island Creek ............... At the confluence with Dan River ................................... None ........ +468 Caswell County (Unincor-
porated Areas).
At the Caswell/Rockingham County boundary ............... None ........ +484

* National Geodetic Vertical Datum.


sroberts on PROD1PC70 with PROPOSALS

# Depth in feet above ground.


+ North American Vertical Datum.
ADDRESSES
Caswell County (Unincorporated Areas)
Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina.
Send comments to Mr. Nathaniel Hall, Caswell County Commissioners Chairman, P.O. Box 98, Yanceyville, North Carolina 27379.

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66292 Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Proposed Rules

* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
Flooding source(s) Location of referenced elevation Communities affected
# Depth in feet
above ground

Effective Modified

Town of Milton
Maps are available for inspection at The Caswell County Planning Department, 144 Main Street, Yanceyville, North Carolina.
Send comments to The Honorable Walter L. Thomas, IV, Mayor of the Town of Milton, P.O. Box 248, Milton, North Carolina 27305.
Town of Yanceyville
Maps are available for inspection at the City of Yanceyville Planning Office, 200 East Church Street, Yanceyville, North Carolina.
Send comments to The Honorable Daniel Printz, Mayor of the City of Yanceyville, P.O. Box 918, Yanceyville, North Carolina 27379.

(Catalog of Federal Domestic Assistance No. DATES: The finding announced in this that listing may be warranted, we make
83.100, ‘‘Flood Insurance.’’) document was made on November 14, a finding within 12 months of the date
Dated: November 6, 2006. 2006. of the receipt of the petition on whether
David I. Maurstad, ADDRESSES: You may send data, the petitioned action is (a) Not
Director, Mitigation Division, Federal information, comments, or questions warranted, (b) warranted, or (c)
Emergency Management Agency, Department concerning this finding to Ken Berg, warranted, but the immediate proposal
of Homeland Security. Attn: Island Marble Butterfly, Western of a regulation implementing the
[FR Doc. E6–19110 Filed 11–13–06; 8:45 am] Washington Fish and Wildlife Office, petitioned action is precluded by other
BILLING CODE 9110–12–P U.S. Fish and Wildlife Service, 510 pending proposals to determine whether
Desmond Drive, SE., Suite 102, Lacey, any species is threatened or endangered,
WA 98503; or via fax to 360–753–9008. and expeditious progress is being made
You may inspect the petition, to add or remove qualified species from
DEPARTMENT OF THE INTERIOR
administrative records, supporting the Lists of Endangered and Threatened
Fish and Wildlife Service information, and comments received by Wildlife and Plants. Section 4(b)(3)(C) of
appointment during normal business the Act requires that a petition for
50 CFR Part 17 hours at the above address. which the requested action is found to
be warranted but precluded be treated
FOR FURTHER INFORMATION CONTACT: Ted
Endangered and Threatened Wildlife as though resubmitted on the date of
Thomas or Jodi Bush at the Western
and Plants; 12-Month Finding on a such finding, i.e., requiring a
Washington Fish and Wildlife Office
Petition to List the Island Marble subsequent finding to be made within
(see ADDRESSES); or by telephone at
Butterfly (Euchloe ausonides 12 months. Each subsequent 12-month
360–753–9440; or by fax at 360–753–
insulanus) as Threatened or finding will be published in the Federal
9008; or by electronic mail at
Endangered Register.
islandmarble@fws.gov.
AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Previous Federal Action
Interior. On January 22, 2003, we sent a letter
Background
ACTION: Notice of 12-month petition acknowledging receipt of the petition to
finding. On December 11, 2002, we received a Scott Hoffman Black, Executive Director
petition dated December 10, 2002, of the Xerces Society. In our response,
SUMMARY: We, the U.S. Fish and requesting that we emergency list the we advised the petitioners that we had
Wildlife Service (Service), announce a island marble butterfly (Euchloe insufficient funds to respond to the
12-month finding on a petition to list ausonides insulanus) as an endangered petition at that time and that we would
the island marble butterfly (Euchloe species, and that we designate critical not be able to begin processing the
ausonides insulanus) under the habitat concurrently with the listing. petition in a timely manner.
Endangered Species Act of 1973, as The petition, submitted by the Xerces On April 5, 2004, we received a 60-
amended (Act). After review of all Society, Center for Biological Diversity, day notice of intent to sue for three
available scientific and commercial Friends of the San Juan, and Northwest butterfly species, the Taylor’s
information, we find that the petitioned Ecosystem Alliance, was clearly checkerspot (Euphydryas editha taylori),
action is not warranted. Furthermore, identified as a petition for a listing rule the mardon skipper (Polites mardon),
the Service and the National Park and contained the names, signatures, and the island marble butterfly. On
Service (NPS) have entered into a and addresses of the requesting parties. October 18, 2004, plaintiffs filed a
Conservation Agreement that Included in the petition was supporting complaint for declaratory and injunctive
implements conservation measures information regarding the species’ relief, which specifically addressed
specifically addressing the needs of the taxonomy and ecology, historical and conservation actions needed for the
island marble butterfly. We request that current distribution, present status, island marble butterfly. Taylor’s
you submit any new information active imminent threats, and potential checkerspot and mardon skipper
concerning the status of and threats to causes of decline. butterflies were not addressed in that
sroberts on PROD1PC70 with PROPOSALS

this subspecies whenever it becomes Section 4(b)(3)(B) of the Act (16 complaint and are not assessed in this
available. We will continue to U.S.C. 1531 et seq.) requires that, for petition finding. We negotiated a
collaborate with our partners to expand any petition to revise the Lists of stipulated settlement agreement for the
the conservation efforts that have been Threatened and Endangered Wildlife island marble butterfly, dated February
instituted by several landowners on and Plants that contains substantial 28, 2005, in which we agreed to work
currently occupied habitat. scientific and commercial information cooperatively with our conservation

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