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(Catalog of Federal Domestic Assistance No. ADDRESSES: The final BFEs for each environmental impact assessment has 83.100, ‘‘Flood Insurance.’’) community are available for inspection not been prepared. Dated: December 22, 2006. at the office of the Chief Executive Regulatory Flexibility Act. As flood David I. Maurstad, Officer of each community. The elevation determinations are not within Director, Mitigation Division, Federal respective addresses are listed in the the scope of the Regulatory Flexibility Emergency Management Agency, Department table below. Act, 5 U.S.C. 601–612, a regulatory of Homeland Security. FOR FURTHER INFORMATION CONTACT: flexibility analysis is not required. [FR Doc. E6–22521 Filed 1–3–07; 8:45 am] William R. Blanton, Jr., Engineering Regulatory Classification. This final BILLING CODE 9110–12–P Management Section, Mitigation rule is not a significant regulatory action Division, Federal Emergency under the criteria of section 3(f) of Management Agency, 500 C Street SW., Executive Order 12866 of September 30, DEPARTMENT OF HOMELAND Washington, DC 20472, (202) 646–3151. 1993, Regulatory Planning and Review, SECURITY SUPPLEMENTARY INFORMATION: The 58 FR 51735. Federal Emergency Management Agency Federal Emergency Management Executive Order 13132, Federalism. (FEMA) makes the final determinations Agency This final rule involves no policies that listed below for the modified BFEs for have federalism implications under each community listed. These modified 44 CFR Part 67 Executive Order 13132. elevations have been published in Executive Order 12988, Civil Justice Final Flood Elevation Determinations newspapers of local circulation and ninety (90) days have elapsed since that Reform. This final rule meets the AGENCY: Federal Emergency publication. The Mitigation Division applicable standards of Executive Order Management Agency, DHS. Director of FEMA has resolved any 12988. ACTION: Final rule. appeals resulting from this notification. List of Subjects in 44 CFR Part 67 This final rule is issued in accordance SUMMARY: Base (1% annual chance) with section 110 of the Flood Disaster Administrative practice and Flood Elevations (BFEs) and modified Protection Act of 1973, 42 U.S.C. 4104, procedure, Flood insurance, Reporting BFEs are made final for the and 44 CFR part 67. FEMA has and recordkeeping requirements. communities listed below. The BFEs developed criteria for floodplain I and modified BFEs are the basis for the Accordingly, 44 CFR part 67 is management in floodprone areas in amended as follows: floodplain management measures that accordance with 44 CFR part 60. each community is required either to Interested lessees and owners of real PART 67—[AMENDED] adopt or to show evidence of being property are encouraged to review the already in effect in order to qualify or proof Flood Insurance Study and FIRM I 1. The authority citation for part 67 remain qualified for participation in the available at the address cited below for continues to read as follows: National Flood Insurance Program each community. The BFEs and (NFIP). Authority: 42 U.S.C. 4001 et seq.; modified BFEs are made final in the Reorganization Plan No. 3 of 1978, 3 CFR, DATES: The date of issuance of the Flood communities listed below. Elevations at 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Insurance Rate Map (FIRM) showing selected locations in each community 3 CFR, 1979 Comp., p. 376. BFEs and modified BFEs for each are shown. community. This date may be obtained National Environmental Policy Act. § 67.11 [Amended] by contacting the office where the maps This final rule is categorically excluded I 2. The tables published under the are available for inspection as indicated from the requirements of 44 CFR part authority of § 67.11 are amended as on the table below. 10, Environmental Consideration. An follows:

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

Person County, and Incorporated Areas Docket No.: FEMA–D–7570,D–7582, and FEMA–D–7668

Alderidge Creek ...... At the upstream side of Berry Road ...... +527 Person County (Unincor- porated Areas). Approximately 0.7 mile upstream of Satterfield Road ...... +536 Alderidge Creek Tributary ...... At the confluence with Alderidge Creek ...... +530 Person County (Unincor- porated Areas). Approximately 0.3 mile upstream of the confluence with +535 Alderidge Creek. Big Blue Wing Creek ...... Approximately 1,300 feet downstream of High View Church +403 Person County (Unincor- Road (State Route 1509). porated Areas). Approximately 0.7 mile upstream of Tatum Road (State Route +506 1511). Big Blue Wing Tributary 1 ...... Approximately 2,000 feet downstream of Wind Dancer Lane ... +399 Person County (Unincor- porated Areas).

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

Approximately 0.4 mile upstream of Epps-Martin Road (State +450 Route 1506). Bowes Branch ...... At the /North Carolina State boundary ...... +361 Person County (Unincor- porated Areas). Approximately 1,440 feet upstream of Virginia/North Carolina +368 State boundary. Bredlov Creek ...... At the confluence with Big Blue Wing Creek ...... +407 Person County (Unincor- porated Areas). Approximately 1,400 feet upstream of the confluence with Big +413 Blue Wing Creek. Broachs Mill Creek ...... At the confluence with South ...... +433 Person County (Unincor- porated Areas). Approximately 0.9 mile upstream of Hester’s Store Road +515 (State Route 1162). Bushy Fork Creek ...... Approximately 600 feet downstream of Charlie Long Road ..... +571 Person County (Unincor- porated Areas). Approximately 1.1 miles upstream of Bradsher Road ...... +616 Bushy Fork Creek Tributary ..... At the confluence with Bushy Fork Creek ...... +606 Person County (Unincor- porated Areas). Approximately 0.38 mile upstream of the confluence with +622 Bushy Fork Creek. Byrds Creek ...... Approximately 850 feet upstream of the confluence with South +546 Person County (Unincor- Flat River. porated Areas). Approximately 1.0 mile upstream of the confluence with South +558 Flat River. Castle Creek ...... At the confluence with Hyco River ...... +360 Person County (Unincor- porated Areas). Approximately 790 feet downstream of Shiloh Church Road +394 (State Route 1322). Cattail Branch ...... At the confluence with Big Blue Wing Creek ...... +428 Person County (Unincor- porated Areas). Approximately 1,750 feet upstream of the confluence with Big +437 Blue Wing Creek. Cobbs Creek ...... Approximately 0.8 mile upstream of the confluence with Hyco +414 Person County (Unincor- Lake. porated Areas). At the Person/Caswell County boundary ...... +510 Cub Creek Tributary 1 ...... At the Person/Granville County boundary ...... +477 Person County (Unincor- porated Areas). Approximately 0.6 mile upstream of the confluence of Cub +499 Creek Tributary 2. Cub Creek Tributary 2 ...... At the confluence with Cub Creek Tributary 1 ...... +490 Person County (Unincor- porated Areas). Approximately 1,500 feet upstream of the confluence with Cub +496 Creek Tributary 1. Deep Creek ...... At the Person/Durham County boundary ...... +419 Person County (Unincor- porated Areas). Approximately 1.0 mile upstream of Mollie Moonie Road ...... +561 Deep Creek Tributary ...... At the confluence with Deep Creek ...... +477 Person County (Unincor- porated Areas). Approximately 2,000 feet upstream of the confluence with +485 Deep Creek. Deep Creek Tributary 2 ...... At the confluence with Deep Creek ...... +516 Person County (Unincor- porated Areas). Approximately 1,000 feet upstream of the confluence with +520 Deep Creek. Dial Creek ...... At the Person/Durham County boundary ...... +515 Person County (Unincor- porated Areas). Approximately 400 feet upstream of the Person/Durham +519 County boundary. Flat River Tributary 5 ...... At the confluence with Flat River ...... +474 Person County (Unincor- porated Areas). At the Person/Durham County boundary ...... +496 Ghents Creek ...... At the confluence with Hyco River ...... +367 Person County (Unincor- porated Areas). Approximately 1,400 feet upstream of Edwin Robertson Road +387 (State Route 1322).

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

Hyco River ...... Approximately 1.4 miles downstream of Railroad ...... +358 Person County (Unincor- porated Areas). At the Hyco Dam ...... +380 Hyco River Tributary 1 ...... At the confluence with Hyco River ...... +380 Person County (Unincor- porated Areas). Approximately 600 feet upstream of the confluence with Hyco +380 River. Lick Creek 1 ...... At the upstream side of Ashley Road ...... +533 Person County (Unincor- porated Areas). At the Person/Orange County boundary ...... +545 Marlowes Creek ...... At the upstream side of Cavel Chub Lake Road ...... +469 Person County (Unincor- porated Areas), City of Roxboro. Approximately 860 feet upstream of Depot Street ...... +610 Marlowes Creek Tributary 1 ..... At the confluence with Marlowes Creek ...... +469 Person County (Unincor- porated Areas). Approximately 840 feet upstream of Chub Lake Road (State +680 Route 1337). Marlowes Creek Tributary 1A ... At the confluence with Marlowes Creek Tributary 1 ...... +490 Person County (Unincor- porated Areas). Approximately 0.5 mile upstream of Chub Lake Road (State +656 Route 1337). Marlowes Creek Tributary 2 ..... At the confluence with Marlowes Creek ...... +552 Person County (Unincor- porated Areas), City of Roxboro. Approximately 0.5 mile upstream of Broad Road (State Route +617 1534). Mayo Creek ...... Approximately 740 feet downstream of Mayo Lake Road +349 Person County (Unincor- (State Route 1501). porated Areas). Approximately 0.8 mile upstream of Denny’s Store Road +511 (State Route 1536). Mayo Creek Tributary 14 ...... At the confluence with Mayo Creek ...... +444 Person County (Unincor- porated Areas). Approximately 1,300 feet upstream of the confluence with +444 Mayo Creek. Mayo Creek Tributary 15 ...... At the confluence with Mayo Creek ...... +450 Person County (Unincor- porated Areas). Approximately 0.5 mile upstream of the confluence with Mayo +475 Creek. Mill Creek ...... Approximately 400 feet downstream of Street’s Store Road +445 Person County (Unincor- (State Route 1519). porated Areas). Approximately 530 feet upstream of Todd Road (State Route +559 1547). North Flat River ...... Approximately 500 feet upstream of Paynes Tavern Road ...... +604 Person County (Unincor- porated Areas). Approximately 1.2 miles upstream of Paynes Tavern Road ..... +617 North Flat River Tributary ...... Just upstream of Railroad crossing ...... +542 City of Roxboro, Person Coun- ty (Unincorporated Areas). Approximately 1.0 mile upstream of U.S. HWY 158 ...... +711 North Flat River Tributary 2 ...... Approximately 600 feet upstream of the confluence with North +580 City of Roxboro, Person Coun- Flat River. ty (Unincorporated Areas). Approximately 1.0 mile upstream of Industrial Drive ...... +701 North Flat River Tributary 3 ...... At the confluence with North Flat River ...... +604 Person County (Unincor- porated Areas). Approximately 325 feet upstream of Noah Davis Road ...... +625 North Flat River Tributary 5 ...... At the confluence with North Flat River Tributary ...... +582 Person County (Unincor- porated Areas). Approximately 0.7 mile upstream of the confluence with North +600 Flat River Tributary. North Flat River Tributary 7 ...... At the confluence with North Flat River Tributary 2 ...... +592 Person County (Unincor- porated Areas). Approximately 0.9 mile upstream of the confluence with North +607 Flat River Tributary 2. North Flat River Tributary 8 ...... At the confluence with North Flat River Tributary 2 ...... +595 Person County (Unincor- porated Areas). Approximately 825 feet upstream of Hurdle Mills Road ...... +606

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

North Flat River Tributary 9 ...... At the confluence with North Flat River Tributary 2 ...... +608 Person County (Unincor- porated Areas). Approximately 0.9 mile upstream of the confluence with North +649 Flat River Tributary 2. Powells Creek ...... At the confluence with Hyco River ...... +367 Person County (Unincor- porated Areas). Approximately 0.7 mile upstream of the confluence with Hyco +367 River. Rock Fork ...... At the confluence with Deep Creek ...... +445 Person County (Unincor- porated Areas). Approximately 0.7 mile upstream of the confluence with Deep +453 Creek. Satterfield Creek ...... At the confluence with Storys Creek ...... +489 Person County (Unincor- porated Areas). Approximately 0.9 mile upstream of confluence with Storys +491 Creek. South Flat River ...... At the upstream side of Jim Morton Road ...... +618 Person County (Unincor- porated Areas). Approximately 1.1 miles upstream of Jim Morton Road ...... +627 South Flat River Tributary ...... Approximately 100 feet upstream of the confluence with South +491 Person County (Unincor- Flat River. porated Areas). Approximately 500 feet upstream of U.S. HWY 501/State +508 Route 57. South Flat River Tributary 3 ..... Approximately 0.3 mile upstream of the confluence with South +517 Person County (Unincor- Flat River. porated Areas). Approximately 0.6 mile upstream of the confluence with South +522 Flat River. South Flat River Tributary 4 ..... Approximately 1,400 feet upstream of the confluence with +593 Person County (Unincor- South Flat River. porated Areas). Approximately 0.8 mile upstream of the confluence with South +602 Flat River. South Flat River Tributary 5 ..... Approximately 1,200 feet upstream of the confluence with +603 Person County (Unincor- South Flat River. porated Areas). Approximately 575 feet upstream of Briggs Road ...... +617 ...... At the upstream side of John Brewer Road (State Route +415 Person County (Unincor- 1343). porated Areas). Approximately 1.0 mile upstream of State Highway 49 ...... +543 South Hyco Creek Tributary 2 .. At the confluence with South Hyco Creek ...... +516 Person County (Unincor- porated Areas). Approximately 1,900 feet upstream of the confluence with +553 South Hyco Creek. South Hyco Creek Tributary 8 .. At the confluence with South Hyco Creek ...... +540 Person County (Unincor- porated Areas). Approximately 400 feet upstream of Jones Road (State Route +602 1100). Storys Creek ...... At the confluence with Hyco River ...... +366 Person County (Unincor- porated Areas). Approximately 1.2 miles upstream of City Lake Road (State +489 Route 1336). Tanyard Branch ...... At the downstream side of Railroad ...... +570 City of Roxboro. Approximately 1,300 feet upstream of North Morgan Street .... +658 Tar River ...... At the Person/Granville County boundary ...... +499 Person County (Unincor- porated Areas). Approximately 0.5 mile upstream of Gentry Road ...... +551 Tar River Tributary 5 ...... At the confluence with the Tar River ...... +510 Person County (Unincor- porated Areas). Approximately 150 feet upstream of Depot Street ...... +541 # Depth in feet above ground * National Geodetic Vertical Datum + North American Vertical Datum ADDRESSES City of Roxboro Maps are available for inspection at the Roxboro City Planning Department, 105 South Lamar Street, Roxboro, North Carolina.

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

Person County (Unincorporated Areas) Maps are available for inspection at the Person County Planning and Zoning Department, 20A Court Street, Roxboro, North Carolina.

(Catalog of Federal Domestic Assistance No. closed to the harvest of whole or roe-on Background 83.100, ‘‘Flood Insurance.’’) scallops. NMFS is publishing the This emergency closure was Dated: December 22, 2006. regulatory text associated with this implemented at the request of the FDA David I. Maurstad, closure in this temporary emergency after samples of shellfish from the Director Mitigation Division, Federal rule in order to ensure that current inshore and offshore waters off of the Emergency Management Agency, Department regulations accurately reflect the coasts of New Hampshire and of Homeland Security. codified text that has been modified and Massachusetts tested positive for the [FR Doc. E6–22522 Filed 1–3–06; 8:45 am] extended numerous times so that the toxins (saxotoxins) that cause Paralytic BILLING CODE 9110–12–P public is aware of the regulations being Shellfish Poisoning (PSP). These toxins extended through June 30, 2007. are produced by the algae Alexandrium DATES: The amendment to § 648.14 is fundyense that can form blooms DEPARTMENT OF COMMERCE effective from January 1, 2007, to June commonly referred to as red tides. Red 30, 2007. The expiration date of the tide blooms, also known as harmful National Oceanic and Atmospheric temporary emergency action published algal blooms (HABs), can produce Administration on June 30, 2006 (71 FR 37505), is toxins that accumulate in filter-feeding extended to June 30, 2007. Comments shellfish. Shellfish contaminated with 50 CFR Part 648 must be received by February 5, 2007. the toxin, if eaten in large enough [Docket No. 050613158–5262–03; I.D. quantity, can cause illness or death from ADDRESSES: Copies of the small entity 090105A] PSP. compliance guide, the emergency rule, On June 10, 2005, the FDA requested RIN 0648–AT48 the environmental assessment, and the that NMFS close an area of Federal regulatory impact review prepared for waters off the coasts of New Hampshire Magnuson-Stevens Fishery the October 18, 2005, reinstatement of and Massachusetts to fishing for bivalve Conservation and Management Act the September 9, 2005, emergency shellfish intended for human Provisions; Fisheries of the action and subsequent extensions of the consumption. On June 16, 2005, NMFS Northeastern United States; Extension emergency action, are available from published an emergency rule (70 FR of Emergency Fishery Closure Due to Patricia A. Kurkul, Regional 35047) closing the area recommended the Presence of the Toxin That Causes Administrator, National Marine by the FDA, i.e., the Temporary PSP Paralytic Shellfish Poisoning Fisheries Service, One Blackburn Drive, Closure Area, through September 30, AGENCY: National Marine Fisheries Gloucester, MA 01930. These 2005. On July 7, 2005 (70 FR 39192), the Service (NMFS), National Oceanic and documents are also available via the emergency rule was modified to Atmospheric Administration (NOAA), internet at http://www.nero.noaa.gov. facilitate the testing of shellfish for the Commerce. Comments may be submitted by any toxin that causes PSP by the FDA and/ ACTION: Temporary rule; emergency of the following methods: or FDA-approved laboratories through action; extension of effective period. • E-mail: [email protected]. the issuance of a Letter of Authorization Include the subject line the following: (LOA) from the Regional Administrator. SUMMARY: This action reinstates a ‘‘Comments on the October Emergency On September 9, 2005 (70 FR 53580), temporary final rule published on Rule for Area closures Due to PSP.’’ the emergency regulation was once October 18, 2005. The regulations • again modified by the division of the contained in the temporary rule, Federal e-Rulemaking Portal: http:// Temporary PSP Closure Area into emergency action, published on October www.regulations.gov. northern and southern components. The 18, 2005, at the request of the U.S. Food • Mail: Paper, disk, or CD–ROM northern area remained closed to the and Drug Administration (FDA) and that comments should be sent to Patricia A. harvest of all bivalve molluscan were subsequently extended on Kurkul, Regional Administrator, shellfish while the southern component December 28, 2005, and again on June National Marine Fisheries Service, One was reopened to the harvest of Atlantic 30, 2006, expire on December 31, 2006. Blackburn Drive, Gloucester, MA 01930. surfclams and ocean quahogs but This temporary rule extends the closure Mark the outside of the envelope remained closed to the harvest of whole through June 30, 2007. The FDA has ‘‘Comments on October PSP closure.’’ or roe-on scallops. The rule was determined that current oceanographic • Fax: (978) 281–9135. extended as published on September 9, conditions and alga sampling data 2005, on October 3, 2005 (70 FR 57517), FOR FURTHER INFORMATION CONTACT: suggests that the northern section of the reinstated on October 18, 2005 (70 FR Temporary Paralytic Shellfish Poison Brian Hooker, Fishery Policy Analyst, 60450) to correct a technical error, (PSP) Closure Area remain closed to the phone: (978) 281–9220, fax: (978) 281– extended on December 28, 2005 (70 FR harvest of bivalve molluscan shellfish 9135. 76713), and subsequently on June 30, and that the southern area remain SUPPLEMENTARY INFORMATION: 2006 (71 FR 37505), through December

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