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 44 CFR 67.4(a). and Regulations Branch, Legal Processing 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 BILLING CODE 4830–01–P 60.3, are the minimum that are required. 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 SECURITY RIN 1545–AM12 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 AGENCY: Federal Emergency public hearing on proposed regulations made final, and for the contents in these Management Agency (FEMA), concerning the determination of the buildings. items of income or loss of a taxpayer Department of Homeland Security, National Environmental Policy Act. with respect to a section 987 qualified Mitigation Division. This proposed rule is categorically business unit, as well as the timing, ACTION: Proposed rule. excluded from the requirements of 44 amount, character and source of any SUMMARY CFR Part 10, Environmental section 987 gain or loss. : Technical information or comments are requested on the Consideration. No environmental DATES: The public hearing, originally proposed Base (1% annual chance) impact assessment has been prepared. 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. ADDRESSES: The proposed BFEs for each Carrollton Federal Building, 5000 Ellin 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 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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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 # Depth in feet Communities affected 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). 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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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected 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- 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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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected 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). 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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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected 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 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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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected 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). 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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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected 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. # 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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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected 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 DEPARTMENT OF THE INTERIOR You may inspect the petition, to add or remove qualified species from 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 as though resubmitted on the date of Endangered and Threatened Wildlife Thomas or Jodi Bush at the Western such finding, i.e., requiring a and Plants; 12-Month Finding on a Washington Fish and Wildlife Office subsequent finding to be made within Petition to List the Island Marble (see ADDRESSES); or by telephone at 12 months. Each subsequent 12-month Butterfly (Euchloe ausonides 360–753–9440; or by fax at 360–753– finding will be published in the Federal insulanus) as Threatened or 9008; or by electronic mail at Register. Endangered [email protected]. 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 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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