10392 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

modified 

Communities affected 

Ascension Parish, Louisiana and Incorporated Areas 

Docket No.: FEMA–B–7462 

Bayou Boyle ............................... At the confluence of Bayou Conway and Bayou Boyle ............. +7 Ascension County (Unincorporated Areas), City of 

Gonzales. 

At the intersection of Bayou Boyle and S. St. Landry Avenue .. +10 

Bayou Conway ........................... At the confluence of Panama Canal and Bayou Conway .......... +7 Ascension County (Unincorporated Areas), City of 

Gonzales 

At the divergence of Panama Canal and Bayou Conway .......... +9 

Bayou Francois .......................... At the confluence of New River and Bayou Francois ................ +8 Ascension County (Unincorporated Areas), City of 

Gonzales. 

At the intersection of State Route 431 and Bayou Francois ...... +8 

McCall Bayou ............................. At the confluence of McCall Bayou and Smokebend Canal ...... +19 Ascension County (Unincorporated Areas), City of 

Donaldsonville. 

At the intersection of Texas and Pacific Railroad and McCall 

Bayou.

+19 

Middle Branch of Grand 

Goudine Bayou.

At the intersection of Highway 10 and Middle Branch of Grand 

Goudine Bayou.

+15 Ascension County (Unincorporated Areas). 

Approximately 200 feet downstream the intersection of Highway 10 and Middle Branch of Grand Goudine Bayou.+15 

Northern Branch of Grand 

Goudine Bayou.

At the confluence of New River and Northern Branch of Grand 

Goudine Bayou.

+11 Ascension County (Unincorporated Areas). 

Northern Branch of Grand Goudine Bayou ................................ +18 

Saveiro Canal ............................ At the confluence of New River Canal and Saveiro Canal ........ +7 Ascension County (Unincorporated Areas). 

At the confluence of Babin Canal and Saveiro Canal ................ +8 

Smith Bayou Diversion .............. At the confluence of Bayou Francois and Smith Bayou Diversion.+11 Ascension County (Unincorporated Areas). 

At the confluence of Bayou Francois a and Smith Bayou Diversion.+11 

Southern Branch of Grand 

Goudine.

At Intersection of Highway 10 and Southern Branch of 

Goudine Bayou.

+15 Ascension County (Unincorporated Areas). 

At Intersection of Southern Branch of Grand Goudine Bayou 

and State Highway 73.

+15 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ National American Vertical Datum. 

ADDRESSES 

City of Donaldsonville 

Maps are available for inspection at City of Donaldsonville, 609 Railroad, Donaldsonville, LA 70346. 

City of Gonzales 

Maps are available for inspection at City Hall, 120 South Irma Blvd., Gonzales, LA 70737. 

Ascension Parish (Unincorporated Areas) 

Maps are available for inspection at President’s Office, 208 East Railroad Avenue, Gonzalez, LA 70737. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: March 1, 2007. 

David I. Maurstad, 

Director, Mitigation Division, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E7–4152 Filed 3–7–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10393 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA has resolved any 

appeals resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

State City/town/county Source of flooding Location 

# Depth in feet 

above ground. 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

Modified 

City of Durham, North Carolina 

Docket No.: FEMA–D–7674 

North Carolina .............. City of Durham ............. Third Fork Creek Tributary At the confluence with Third Fork Creek 

Tributary C.

+328 

Approximately 260 feet upstream of 

Sherbon Drive.

+273 

City of Durham ............. Third Fork Creek Tributary 

A.

Approximately 1,700 feet upstream of the 

confluence with Third Fork Creek.

+252 

Approximately 200 feet upstream of 

Southpoint Crossing Drive.

+291 

City of Durham ............. Third Fork Creek Tributary 

C.

Approximately 50 feet downstream of 

Hope Valley Road.

+258 

Approximately 250 feet upstream of 

Princeton Avenue.

+319 

City of Durham ............. Third Fork Creek Tributary 

D.

Approximately 1,100 feet upstream of the 

confluence with Third Fork Creek.

+256 

Approximately 200 feet upstream of 

Morningside Drive.

+288 

City of Durham ............. Third Fork Creek Tributary 

E.

Approximately 300 feet upstream of the 

confluence with Third Fork Creek.

+290 

Approximately 250 feet upstream of Ward 

Street.

+332 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

City of Durham 

Maps are available for inspection at the Durham City Hall, Public Works Department, Stormwater Services Division, 101 City Hall Plaza, Durham, North Carolina. 


pwalker on PROD1PC71 with RULES
10394 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Johnson County, Indiana and Incorporated Areas 

Docket No.: FEMA–B–7454 

Brewer Ditch .............................. At confluence with Youngs Creek .............................................. +749 Johnson County (Unincorporated Areas), City of 

Franklin, Town of Whiteland. 

Approximately 1,600 feet downstream of U.S. Highway 31 ....... +782 

Approximately 1,600 feet downstream of U.S. Highway 31 ....... +782 Town of Whiteland. 

Approximately at County Road 125 ............................................ +802 

Canary Ditch .............................. At confluence with Youngs Creek .............................................. +744 Johnson County (Unincorporated Areas), City of 

Franklin. 

Approximately 1,300 feet upstream of Earlywood Drive ............ +767 

Approximately 1,300 feet upstream of Earlywood Drive ............ +767 Johnson County (Unincorporated Areas). 

Approximately 1,900 feet upstream of County Road East 400 

North.

+784 

East Grassy Creek .................... At confluence with Grassy Creek ............................................... +781 Johnson County (Unincorporated Areas). 

Approximately at Whiteland Road .............................................. +782 

Approximately at Whiteland Road .............................................. +785 Johnson County (Unincorporated Areas), Town of 

New Whiteland, Town of 

Whiteland. 

Approximately at Tracy Road ..................................................... +810 

Approximately at Tracy Road ..................................................... +810 Johnson County (Unincorporated Areas). 

Approximately 300 feet upstream of County Road East 750 

North.

+820 

Graham Ditch ............................. At confluence with Canary Ditch ................................................ +761 Johnson County (Unincorporated Areas), City of 

Franklin. 

Approximately 1,500 feet upstream of Earlywood Drive ............ +768 

Grassy Creek ............................. Approximately 2,400 feet upstream of County Road West 200 

North.

+766 Johnson County (Unincorporated Areas), City of 

Greenwood, Town of 

Whiteland, Town of New 

Whiteland. 

Approximately 750 feet downstream of Granada Drive ............. +809 

Approximately 750 feet downstream of Granada Drive ............. +809 City of Greenwood. 

Approximately 250 feet upstream of Fiesta Drive ...................... +814 

Approximately 250 feet upstream of Fiesta Drive ...................... +814 City of Greenwood. 

Approximately 300 feet downstream of Interstate 65 ................. +821 

Hurricane Creek ......................... At confluence with Youngs Creek .............................................. +723 City of Franklin. 

Approximately at Upper Shelbyville Road .................................. +728 

Approximately at Upper Shelbyville Road .................................. +728 Johnson County (Unincorporated Areas) 

Approximately at County Road 375 East ................................... +811 

Tracy Ditch ................................. At confluence with Grassy Creek ............................................... +789 Johnson County (Unincorporated Areas), City of 

Greenwood. 

Approximately 50 feet upstream of West Stop 18 Road ............ +794 

Youngs Creek ............................ Approximately 7,500 feet upstream of U.S Highway 31 ............ +712 Johnson County (Unincorporated Areas), City of 

Franklin. 

Approximately 4,000 feet upstream of South Morton Street ...... +729 

Approximately 4,000 feet upstream of South Morton Street ...... +729 Johnson County (Unincorporated Areas), City of 

Franklin. 

At confluence with Roberts Ditch ............................................... +766 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

Johnson County (Unincorporated Areas) 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10395 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Maps available for inspection at Johnson County Planning Zoning, 86 West Court Street, Franklin, IN. 

Town of Edinburgh 

Maps available for inspection at Town Hall, 107 S. Holland Street, Edinburgh, IN. 

City of Franklin 

Maps available for inspection at Planning Department, 55 W. Madison Street, Franklin, IN. 

City of Greenwood 

Maps available for inspection at Planning Department, 225 E. Emerson Avenue, Greenwood, IN. 

Town of New Whiteland 

Maps available for inspection at Town Hall, 401 Mooreland Drive, New Whiteland, IN. 

Town of Prince’s Lake 

Maps available for inspection at Town Hall, 14 E. Lakeview Drive, Nineveh, IN. 

Town of Whiteland 

Maps available for inspection at Whiteland Town Hall, 549 Main Street, Whiteland, IN. 

Hardin County, Kentucky and Incorporated Areas 

Docket No.: FEMA–B–7470 

Buffalo Creek ............................. Approximately 750 feet upstream of Poplar Street .................... +708 City of Elizabethtown, Hardin 

County (Unincorporated 

Areas). 

Approximately 2,065 feet downstream of Bluegrass Road ........ +812 

Hawkins Steel Tributary ............. Approximately 130 feet downstream of Steel Drive ................... +745 City of Elizabethtown, Hardin 

County (Unincorporated 

Areas). 

Approximately 615 feet upstream of Hodgenville Road ............. +763 

Park Lane Tributary ................... From the confluence with Freeman Creek ................................. +702 City of Elizabethtown, Hardin 

County (Unincorporated 

Areas). 

Approximately 60 feet downstream Of Meadow Lane ............... +737 

Pear Orchard Tributary .............. Approximately 545 feet downstream of Village Drive ................ +716 City of Elizabethtown, Hardin 

County (Unincorporated 

Areas). 

Approximately 80 feet upstream of Pear Orchard Road ............ +789 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

Hardin County (Unincorporated Areas) 

Maps are available for inspection at 14 Public Square, 3rd Floor, Elizabethtown, Kentucky 42701. 

City of Elizabethtown 

Maps are available for inspection at 200 West Dixie Avenue, Elizabethtown, Kentucky 42701. 

Cayuga County, New York (All Jurisdictions) 

Docket No.: FEMA–D–7642 

Cayuga Lake .............................. Entire shoreline within communities ........................................... +386 Town of Aurelius, Town of 

Genoa, Town of Ledyard, 

Town of Springport. 

Entire shoreline within community .............................................. +386 Village of Cayuga. 

Cold Spring Brook (Reach 2) .... Approximately 2,200 feet upstream of State Street ................... +554 City of Auburn, Town of

Throop. 

Approximately 1,380 feet upstream of York Street .................... +590 

Cold Spring Brook/North Brook Approximately 1,320 feet upstream of confluence with Seneca 

River/Erie Canal.

+383 Town of Brutus, Town of 

Mentz, Village of Weedsport. 

Approximately 4,550 feet upstream of Hamilton Road .............. +420 

Crane Brook ............................... Approximately 3,175 feet downstream of Conrail ...................... +589 City of Auburn, Town of 

Aurelius. 

Approximately 1,600 feet upstream of Genesee Street ............. +649 

Dry Creek ................................... At confluence with Owasco Inlet ................................................ +731 Village of Moravia, Town of 

Moravia. 

Approximately 1,840 feet upstream of Main Street (State 

Route 38).

+773 

Dutch Hollow Brook ................... Approximately 780 feet upstream of confluence with Owasco 

Lake.

+717 Town of Oswasco. 


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10396 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Approximately 2,480 feet upstream of State Route 38A (East 

Lake Road).

+743 

Hunter Brook .............................. Approximately 520 feet downstream of Conrail ......................... +644 City of Auburn. 

Approximately 1,370 feet upstream of North Marvine Avenue .. +761 

Tributary No. 1 .................... Approximately 1,960 feet downstream of Grant Avenue ........... +653 City of Auburn, Town of 

Sennett. 

Approximately 1,135 feet upstream of Prospect Street ............. +755 

Tributary No. 2 .................... At confluence with Hunter Brook ................................................ +716 City of Auburn, Town of 

Owasco. 

Approximately 940 feet upstream of Second Avenue ................ +767 

Mill Creek ................................... At confluence with Owasco Inlet ................................................ +728 Town of Moravia, Village of 

Moravia. 

Approximately 2,650 feet upstream of East Cayuga Street 

(State Route 38A).

+783 

North Brook Tributary 1 ............. At the confluence with North Brook ............................................ +400 Town of Brutus. 

Approximately 580 feet upstream of Hamilton Road ................. +420 

Owasco Inlet .............................. Approximately 2,070 feet downstream of State Route 38 ......... +722 Village of Moravia, Town of 

Moravia, Town of Locke. 

Approximately 2.16 miles upstream of Aurora Street ................ +744 

Owasco Lake ............................. Entire shoreline within community .............................................. +717 Town of Fleming, Town of Moravia, Town of Niles, Town of 

Scipio, Town of Venice. 

Owasco Lake Outlet .................. Approximately 6,420 feet upstream of Sperry Road .................. +385 Town of Mentz, Town of 

Throop, Village of Port 

Byron. 

Approximately 1,930 feet upstream of Hayden Road ................ +425 

Owasco Outlet ........................... Approximately 900 feet downstream of Canoga Street ............. +553 City of Auburn, Town of 

Aurelius, Town of Fleming, 

Town of Owasco. 

Approximately 1,040 feet upstream of State Route 437 (White 

Bridge Road).

+716 

Paines Creek ............................. Approximately 25 feet downstream of State Route 90 (Main 

Street).

+387 Village of Aurora, Town of 

Ledyard. 

Approximately 1,000 feet upstream of State Route 90 (Main 

Street).

+389 

Putnam Brook ............................ At confluence with Cold Spring Brook ........................................ +389 Town of Brutus, Village of 

Weedsport. 

Approximately 2,200 feet upstream of Stevens Road ................ +571 

Tributary No. 1 .................... At confluence with Putnam Brook .............................................. +454 Town of Brutus, Town of 

Sennett. 

Approximately 2,710 feet upstream of Shepherd Road ............. +562 

Tributary No. 2 .................... At confluence with Putnam Brook .............................................. +485 Town of Brutus. 

Approximately 2,300 feet upstream of East Brutus Road (second crossing).+539 

Tributary No. 3 .................... Approximately 110 feet upstream of confluence with Putnam 

Brook.

+524 Town of Brutus, Town of 

Sennett. 

Approximately 4,450 feet upstream of Jericho Road ................. +551 

Tributary No. 4 .................... At confluence with Putnam Brook .............................................. +568 Town of Brutus, Town of 

Sennett. 

Approximately 1,220 feet upstream of Grant Avenue/State 

Highway 5.

+580 

Seneca River ............................. Approximately 225 feet downstream of Haiti Road .................... +384 Town of Mentz, Town of Conquest. 

Approximately 1.69 miles upstream of Haiti Road ..................... +384 

Seneca River/Erie Canal ........... Approximately 80 feet upstream of Jordan Road ....................... +382 Town of Mentz, Town of Brutus, Town of Cato, Town of 

Conquest, Town of Montezuma. 

Approximately 8,960 feet upstream of Conrail ........................... +384 

Sucker Brook ............................. Approximately 1,010 feet upstream of confluence with Owasco 

Lake.

+717 Town of Owasco. 

Approximately 2,570 feet upstream of East Lake Road (State 

Route 38A).

+730 

Unnamed Tributary 2 to Cayuga 

Lake.

Approximately 65 feet upstream of confluence with Cayuga 

Lake.

+386 Village of Union Springs, Town 

of Springport. 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10397 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Approximately 585 feet upstream of Creager Road ................... +560 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

City of Auburn 

Maps are available for inspection at the Auburn Memorial City Hall, 24 South Street, Auburn, New York 13021. 

Town of Aurelius 

Maps are available for inspection at the Aurelius Town Hall, 1241 West Genesee Street Road, Auburn, New York 13021. 

Town of Brutus 

Maps are available for inspection at the Brutus Town Clerk’s Office, 9021 North Seneca Street, Weedsport, New York 13166. 

Town of Cato 

Maps are available for inspection at the Cato Town Hall, 11320 Shortcut Road, Cato, New York 13033. 

Town of Conquest 

Maps are available for inspection at the Town of Conquest, 1289 Fuller Road, Port Byron, New York 13140. 

Town of Fleming 

Maps are available for inspection at the Town of Fleming, 2433 Dublin Road, Auburn, New York 13021. 

Town of Genoa 

Maps are available for inspection at the Genoa Town Hall, 1000 Bartnick Road, Genoa, New York 13071. 

Town of Ledyard 

Maps are available for inspection at the Ledyard Town Hall, 1099 Poplar Ridge Road, Aurora, New York 13026. 

Town of Locke 

Maps are available for inspection at the Town of Locke, 703 State Route 38, Locke, New York 13092. 

Town of Mentz 

Maps are available for inspection at the Town of Mentz, 14 Mentz Drive, Port Byron, New York 13140. 

Town of Montezuma 

Maps are available for inspection at the Town of Montezuma Memorial Building, Dock Street, 52, Montezuma, New York 13117. 

Town of Moravia 

Maps are available for inspection at the Town of Moravia, 139 Main Street, Moravia, New York 13118. 

Town of Niles 

Maps are available for inspection at the Niles Town Hall, 5921 New Hope Road, Moravia, New York 13118. 

Town of Owasco 

Maps are available for inspection at the Owasco Town Hall, 2 Bristol Avenue, Auburn, New York 13021. 

Town of Scipio 

Maps are available for inspection at the Town of Scipio, 3705 State Route 34, Scipio Center, New York 13147. 

Town of Sennett 

Maps are available for inspection at the Town of Sennett, 6931 Cherry Street Road, Auburn, New York 13021. 

Town of Springport 

Maps are available for inspection at the Springport Town Hall, 859 State Route 326, Cayuga, New York 13034. 

Town of Throop 

Maps are available for inspection at the Throop Town Hall, 7471 Robinson Road, Auburn, New York 13021. 

Town of Venice 

Maps are available for inspection at the Town of Venice, 1589 McAllister Road, Genoa, New York 13071. 

Village of Aurora 

Maps are available for inspection at the Aurora Village Office, 456 Main Street, Aurora, New York 13026. 

Village of Cayuga 

Maps are available for inspection at the Village of Cayuga, 6205 Railroad Street, Cayuga, New York 13034. 

Village of Moravia 

Maps are available for inspection at the Moravia Village Office, 22 Central Street, Moravia, New York 13118. 

Village of Port Byron 

Maps are available for inspection at the Port Byron Village Hall, 52 Utica Street, Port Byron, New York 13140. 

Village of Union Springs 

Maps are available for inspection at the Village of Union Springs, 26 Chapel Street, Union Springs, New York 13160. 

Village of Weedsport 

Maps are available for inspection at the Weedsport Village Hall, 8892 South Street, Weedsport, New York 13166. 

Lincoln County, North Carolina and Incorporated Areas 

Docket No.: FEMA–D–7672 

Anderson Creek ......................... At the confluence with Killian Creek ........................................... +667 Lincoln County (Unincorporated 

Areas). 

At the confluence with Hooper Creek and Wingate Creek ........ +709 

Tributary 1 .......................... At the confluence with Anderson Creek ..................................... +675 Lincoln County (Unincorporated 

Areas). 


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10398 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Approximately 1.9 miles upstream of the confluence with Anderson Creek.+746 

Armstrong Branch ...................... At the confluence with Dellinger Branch .................................... +712 Lincoln County (Unincorporated 

Areas). 

Approximately 0.9 mile upstream of the confluence with 

Dellinger Branch.

+765 

Ballard Creek ............................. At the confluence with Wingate Creek ....................................... +714 Lincoln County (Unincorporated 

Areas). 

Approximately 0.6 mile upstream of the confluence of Ballard 

Creek Tributary 3.

+829 

Tributary 1 .......................... At the confluence with Ballard Creek ......................................... +745 Lincoln County (Unincorporated 

Areas). 

Approximately 0.6 mile upstream of the confluence with 

Ballard Creek.

+791 

Tributary 2 .......................... At the confluence with Ballard Creek ......................................... +765 Lincoln County (Unincorporated 

Areas). 

Approximately 90 feet downstream of East King Wilkinson 

Road (State Route 1349).

+827 

Tributary 3 .......................... At the confluence with Ballard Creek ......................................... +811 Lincoln County (Unincorporated 

Areas). 

Approximately 1,900 feet upstream of North Ernest Huss Lane +911 

Bradshaw Branch ...................... At the confluence with Leepers Creek ....................................... +713 Lincoln County (Unincorporated 

Areas). 

Approximately 1.7 miles upstream of the confluence with 

Leepers Creek.

+754 

Buffalo Creek ............................. At Cleveland/Lincoln County boundary ...................................... +957 Lincoln County (Unincorporated 

Areas). 

Approximately 600 feet upstream of NC–10 .............................. +1,155 

Tributary 5 .......................... At the confluence with Buffalo Creek ......................................... +988 Lincoln County (Unincorporated 

Areas). 

Approximately 0.6 mile upstream of the confluence with Buffalo Creek.+1,017 

Tributary 6 .......................... At the confluence with Buffalo Creek ......................................... +1,033 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of the confluence of Buffalo 

Creek Tributary 6A.

+1,099 

Tributary 6A ........................ At the confluence with Buffalo Creek Tributary 6 ....................... +1,074 Lincoln County (Unincorporated 

Areas). 

Approximately 0.6 mile upstream of the confluence with Buffalo Creek Tributary 6.+1,118 

Carpenter Creek ........................ Approximately 0.4 mile upstream of the confluence with Clarks 

Creek.

+774 Lincoln County (Unincorporated 

Areas), City of Lincolnton. 

Approximately 100 feet downstream of U.S. 321 ....................... +865 

Tributary 1 .......................... At the confluence with Carpenter Creek .................................... +801 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of North Bulldog Lane ........... +833 

Catawba River ........................... At Gaston/Lincoln County boundary ........................................... +665 Lincoln County (Unincorporated 

Areas). 

At Cowans Ford Dam ................................................................. +670 

Tributary 4 .......................... At the confluence with Catawba River ....................................... +665 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of the confluence with Catawba River.+665 

Tributary 5 .......................... At the confluence with Catawba River ....................................... +667 Lincoln County (Unincorporated 

Areas). 

Approximately 0.7 mile upstream of the confluence with Catawba River.+673 

Tributary 6 .......................... At the confluence with Catawba River ....................................... +668 Lincoln County (Unincorporated 

Areas). 

Approximately 300 feet upstream of North Club Drive (State 

Route 1395).

+682 

Clarks Creek .............................. Approximately 0.8 mile downstream of West Maiden-Salem 

Road (State Route 1274).

+780 Lincoln County (Unincorporated 

Areas). 

Approximately 200 feet upstream of Lincoln/Catawba County 

boundary.

+792 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10399 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Tributary 1 .......................... Approximately 1,100 feet upstream of the confluence with 

Clarks Creek.

+765 City of Lincolnton. 

Approximately 150 feet upstream of North Aspen Street .......... +788 

Tributary 2 .......................... At the confluence with Clarks Creek .......................................... +781 Lincoln County (Unincorporated 

Areas). 

Approximately 0.6 mile upstream of the confluence with Clarks 

Creek.

+790 

Crooked Creek ........................... At the confluence with Leepers Creek ....................................... +691 Lincoln County (Unincorporated 

Areas). 

Approximately 0.9 mile upstream of the confluence with 

Leepers Creek.

+722 

Dellinger Branch ........................ At the confluence with Leepers Creek ....................................... +712 Lincoln County (Unincorporated 

Areas). 

Approximately 1,150 feet upstream of South Low Bridge Road 

(State Route 1314).

+792 

Tributary 1 .......................... At the confluence with Dellinger Branch .................................... +738 Lincoln County (Unincorporated 

Areas). 

Approximately 1,200 feet upstream of East Orchard Road 

(State Route 1358).

+809 

Forney Creek ............................. At the confluence with Killian Creek ........................................... +663 Lincoln County (Unincorporated 

Areas). 

Approximately 2.6 miles upstream of East Optimist Club Road 

(State Route 1380).

+769 

Tributary 1 .......................... At the confluence with Forney Creek ......................................... +679 Lincoln County (Unincorporated 

Areas). 

Approximately 1,350 feet upstream of the confluence of 

Forney Creek Tributary 1B.

+710 

Tributary 1A ........................ At the confluence with Forney Creek Tributary 1 ....................... +679 Lincoln County (Unincorporated 

Areas). 

Approximately 0.7 mile upstream of the Railroad ...................... +707 

Tributary 1B ........................ At the confluence with Forney Creek Tributary 1 ....................... +695 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of the confluence with 

Forney Creek Tributary 1.

+702 

Glenn Creek ............................... At Cleveland/Lincoln County boundary ...................................... +899 Lincoln County (Unincorporated 

Areas). 

Approximately 230 feet downstream of NC–27 .......................... +1,041 

Hog Branch ................................ At the confluence with Larkard Creek ........................................ +788 Lincoln County (Unincorporated 

Areas). 

Approximately 1.0 mile upstream of North U.S. 321 (State 

Route 1844).

+830 

Hooper Creek ............................ At the confluence with Anderson Creek and Wingate Creek ..... +709 Lincoln County (Unincorporated 

Areas). 

Approximately 1.6 miles upstream of the confluence with Anderson Creek and Wingate Creek.+753 

Howards Creek .......................... Approximately 1,800 feet upstream of the confluence with 

South Fork Catawba River.

+769 Lincoln County (Unincorporated 

Areas). 

Approximately 100 feet upstream of Catawba/Lincoln County 

boundary.

+972 

Tributary 1 .......................... At the confluence with Howards Creek ...................................... +769 Lincoln County (Unincorporated 

Areas). 

Approximately 0.8 mile upstream of the confluence with Howards Creek.+795 

Tributary 2 .......................... At the confluence with Howards Creek ...................................... +780 Lincoln County (Unincorporated 

Areas). 

Approximately 1.4 miles upstream of North Alf Hoover Road 

(State Route 1200).

+904 

Tributary 3 .......................... At the confluence with Howards Creek ...................................... +839 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of North Howards Creek Mill 

Road (State Route 1194).

+880 

Tributary 4 .......................... At the confluence with Howards Creek ...................................... +859 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream West Abernethy Farm Road 

(State Route 1195).

+904 


pwalker on PROD1PC71 with RULES
10400 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Tributary 5 .......................... At the confluence with Howards Creek ...................................... +867 Lincoln County (Unincorporated 

Areas). 

Approximately 100 feet downstream of North Overlook Lane ... +909 

Tributary 6 .......................... At the confluence with Howards Creek ...................................... +911 Lincoln County (Unincorporated 

Areas). 

Approximately 0.8 mile upstream of West Reepsville Road 

(State Route 1113).

+1,001 

Tributary 7 .......................... At the confluence with Howards Creek ...................................... +928 Lincoln County (Unincorporated 

Areas). 

Approximately 1,100 feet upstream of West Gilbert Sain Road 

(State Route 1210).

+1,022 

Hoyle Creek ............................... Approximately 200 feet downstream of Gaston/Lincoln County 

boundary.

+742 Lincoln County (Unincorporated 

Areas). 

Approximately 10 feet downstream of East Keener Road 

(State Route 1323).

+872 

Tributary 1 .......................... At the confluence with Hoyle Creek ........................................... +742 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of East Magnolia Grove 

Road (State Route 1309).

+773 

Tributary 2 .......................... At the confluence with Hoyle Creek ........................................... +756 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of the confluence with Hoyle 

Creek.

+770 

Tributary 4 .......................... At the confluence with Hoyle Creek ........................................... +767 Lincoln County (Unincorporated 

Areas). 

Approximately 0.7 mile upstream of the confluence with Hoyle 

Creek.

+789 

Tributary 5 .......................... At the confluence with Hoyle Creek ........................................... +784 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of East Hovis Road (State 

Route 1315).

+810 

Tributary 6 .......................... At the confluence with Hoyle Creek ........................................... +809 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of South Hill Road (State 

Route 1321).

+855 

Indian Creek .............................. Approximately 0.6 mile downstream of Gaston/Lincoln County 

boundary.

+787 Lincoln County (Unincorporated 

Areas). 

At Catawba/Lincoln County boundary ........................................ +1,011 

Tributary 1 .......................... At upstream side of South Landers Church Road (State Route 

1176).

+762 Lincoln County (Unincorporated 

Areas). 

Approximately 650 feet upstream of South St. Marks Church 

Road (State Route 1172).

+808 

Tributary 2 .......................... Approximately 1,200 feet upstream of the confluence with Indian Creek.+773 Lincoln County (Unincorporated 

Areas). 

Approximately 1,200 feet upstream of the dam ......................... +896 

Johnson Creek ........................... At Gaston/Lincoln County boundary ........................................... +664 Lincoln County (Unincorporated 

Areas). 

Approximately 0.9 mile upstream of Gaston/Lincoln County 

boundary.

+680 

Killian Creek ............................... At Gaston/Lincoln County boundary ........................................... +635 Lincoln County (Unincorporated 

Areas). 

Approximately 1.5 miles upstream of East Mundy Road (State 

Route 1349).

+829 

Larkard Creek ............................ At the confluence with Clarks Creek .......................................... +782 Lincoln County (Unincorporated 

Areas). 

Approximately 200 feet upstream of East Springs East Road 

(State Route 1342).

+845 

Leepers Creek ........................... At the Gaston/Lincoln County boundary ..................................... +635 Lincoln County (Unincorporated 

Areas). 

At the confluence with Lippard Creek and Sawmill Branch ....... +807 

Tributary 1 .......................... At the confluence with Leepers Creek ....................................... +661 Lincoln County (Unincorporated 

Areas). 

Approximately 0.6 mile upstream of the confluence with 

Leepers Creek.

+677 

Tributary 2 .......................... At the confluence with Leepers Creek ....................................... +663 Lincoln County (Unincorporated 

Areas). 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10401 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Approximately 0.7 mile upstream of the confluence with 

Leepers Creek.

+685 

Tributary 3 .......................... At the confluence with Leepers Creek ....................................... +665 Lincoln County (Unincorporated 

Areas). 

Approximately 2,000 feet upstream of the confluence with 

Leepers Creek.

+686 

Tributary 4 .......................... At the confluence with Leepers Creek ....................................... +667 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of the confluence with 

Leepers Creek.

+696 

Tributary 5 .......................... At the confluence with Leepers Creek ....................................... +671 Lincoln County (Unincorporated 

Areas). 

Approximately 1.2 miles upstream of the confluence with 

Leepers Creek.

+702 

Leonard Fork ............................. Approximately 1,300 feet upstream of the confluence with Indian Creek.+773 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of West Flay Road (State 

Route 1140).

+934 

Tributary 1 .......................... At the confluence with Leonard Fork .......................................... +868 Lincoln County (Unincorporated 

Areas). 

Approximately 0.9 mile upstream of the confluence with Leonard Fork.+937 

Lick Fork Creek ......................... At the confluence with Indian Creek ........................................... +790 Lincoln County (Unincorporated 

Areas). 

Approximately 1,300 feet upstream of Gaston/Lincoln County 

boundary.

+792 

Lick Run Creek .......................... At the confluence with Leepers Creek ....................................... +754 Lincoln County (Unincorporated 

Areas). 

Approximately 900 feet upstream of North Leeping Brook 

Road (State Route 1530).

+895 

Lippard Creek ............................ At the confluence with Leepers Creek and Sawmill Branch ...... +807 Lincoln County (Unincorporated 

Areas). 

At Catawba/Lincoln County boundary ........................................ +869 

Tributary 1 .......................... At the confluence with Lippard Creek ........................................ +832 Lincoln County (Unincorporated 

Areas). 

Approximately 1,600 feet upstream of East Ivey Church Road 

(State Route 1343).

+891 

Lithia Inn Branch ........................ Approximately 500 feet downstream of North Jonas Drive ........ +774 City of Lincolnton.

Approximately 450 feet upstream of U.S. 321 ........................... +878 

Tributary 1 .......................... Approximately 500 feet upstream of the confluence with Lithia 

Inn Branch.

+772 City of Lincolnton. 

Approximately 600 feet upstream of State Route 150/South 

Dave Warlick Drive.

+828 

Tributary 2 .......................... At the confluence with Lithia Inn Branch Tributary 1 ................. +783 City of Lincolnton. 

Approximately 200 feet upstream of East Laurel Street ............ +805 

Little Buffalo Creek .................... At Cleveland/Lincoln County boundary ...................................... +854 Lincoln County (Unincorporated 

Areas). 

Approximately 50 feet downstream of West Flay Road (State 

Route 1140).

+964 

Little Creek (East) ...................... At the confluence with Indian Creek ........................................... +847 Lincoln County (Unincorporated 

Areas). 

Approximately 200 feet upstream of West Houser Farm Road 

(State Route 1127).

+960 

Little Creek (West) ..................... At the Cleveland/Lincoln County boundary ................................ +961 Lincoln County (Unincorporated 

Areas). 

Approximately 1.4 miles upstream of Cleveland/Lincoln County 

boundary.

+1,022 

Little Indian Creek ...................... At the confluence of Indian Creek .............................................. +878 Lincoln County (Unincorporated 

Areas). 

Approximately 250 feet upstream of West Macedonia Church 

Road.

+1,067 

Tributary 1 .......................... At the confluence with Little Indian Creek .................................. +905 Lincoln County (Unincorporated 

Areas). 

Approximately 0.7 mile upstream of the confluence with Little 

Indian Creek.

+991 


pwalker on PROD1PC71 with RULES
10402 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Tributary 2 .......................... At the confluence with Little Indian Creek .................................. +917 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of North Red Dawn Estate 

Trail.

+986 

Tributary 3 .......................... At the confluence with Little Indian Creek .................................. +934 Lincoln County (Unincorporated 

Areas). 

Approximately 300 feet upstream of Hulls Grove Church Road +984 

Tributary 4 .......................... At the confluence with Little Indian Creek .................................. +937 Lincoln County (Unincorporated 

Areas). 

Approximately 0.4 mile upstream of West Macedonia Church 

Road (State Route 1108).

+1,069 

Tributary 4A ........................ At the confluence with Little Indian Creek Tributary 4 ............... +978 Lincoln County (Unincorporated 

Areas). 

Approximately 0.7 mile upstream of North Tallent Road (State 

Route 1120).

+1,047 

Little Pott Creek ......................... At the confluence with Pott Creek .............................................. +793 Lincoln County (Unincorporated 

Areas). 

Approximately 150 feet downstream of North Cansler Road 

(State Route 1197).

+874 

Lutz Branch ................................ At the Gaston/Lincoln County boundary ..................................... +738 Lincoln County (Unincorporated 

Areas). 

Approximately 150 feet downstream of East Mirror Lake Road 

(State Route 1474).

+760 

McClure Branch ......................... At the confluence with Leepers Creek ....................................... +671 Lincoln County (Unincorporated 

Areas). 

Approximately 1.6 miles upstream of South Mt. Zion Church 

Road (State Route 1404).

+743 

Mill Creek ................................... At the confluence with Indian Creek ........................................... +795 Lincoln County (Unincorporated 

Areas). 

Approximately 1.5 miles upstream of South Bess Chapel 

Church Road (State Route 1150).

+1,023 

Muddy Creek ............................. At Gaston/Lincoln County boundary ........................................... +713 Lincoln County (Unincorporated 

Areas). 

Approximately 0.7 mile upstream of the confluence of Muddy 

Creek Tributary 2.

+786 

Tributary 1 .......................... At the confluence of Muddy Creek ............................................. +748 Lincoln County (Unincorporated 

Areas). 

Approximately 1,700 feet upstream of U.S. 321 ........................ +778 

Tributary 2 .......................... At the confluence with Muddy Creek .......................................... +752 Lincoln County (Unincorporated 

Areas). 

Approximately 1,450 feet upstream of U.S. 321 ........................ +793 

Ore Bank Branch ....................... At the confluence with Leepers Creek ....................................... +783 Lincoln County (Unincorporated 

Areas). 

Approximately 1.0 mile upstream of the confluence with 

Leepers Creek.

+822 

Pott Creek .................................. At the confluence with South Fork Catawba River .................... +778 Lincoln County (Unincorporated 

Areas). 

At Catawba/Lincoln County boundary ........................................ +802 

Reed Creek ................................ At the confluence with Leepers Creek ....................................... +723 Lincoln County (Unincorporated 

Areas). 

Approximately 1,900 feet upstream of East Stagecoach Road 

(State Route 1363).

+773 

Rockdam Creek ......................... At the confluence with Howards Creek ...................................... +769 Lincoln County (Unincorporated 

Areas). 

Approximately 250 feet upstream of South Howards Creek 

School Road (State Route 1186).

+830 

Sawmill Branch .......................... At the confluence with Leepers Creek ....................................... +807 Lincoln County (Unincorporated 

Areas). 

Approximately 1.3 miles upstream of North Union Church 

Road (State Route 1344).

+871 

Tributary 1 .......................... At the confluence with Sawmill Branch ...................................... +833 Lincoln County (Unincorporated 

Areas). 

Approximately 0.5 mile upstream of the confluence with Sawmill Branch.+864 

Snyder Creek ............................. At the confluence with Killian Creek ........................................... +686 Lincoln County (Unincorporated 

Areas). 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10403 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground. 

Modified 

Communities affected 

Approximately 1.8 mile upstream of the confluence with Killian 

Creek.

+732 

South Fork Catawba River ........ Approximately 2.4 miles upstream of the confluence of Howards Creek.+773 Lincoln County (Unincorporated 

Areas). 

At Catawba/Lincoln County boundary ........................................ +793 

South Fork Catawba River Tributary 3.At Gaston/Lincoln County boundary ........................................... +717 Lincoln County (Unincorporated 

Areas). 

Approximately 500 feet upstream of West Hoffman Road 

(State Route 1245).

+730 

Tributary 4 .......................... At Railroad .................................................................................. +757 Lincoln County (Unincorporated 

Areas), City of Lincolnton. 

Approximately 200 feet upstream of State Route 150 ............... +776 

Tributary 5 .......................... At the confluence with South Fork Catawba River .................... +782 Lincoln County (Unincorporated 

Areas). 

Approximately 1.0 mile upstream of the confluence with South 

Fork Catawba River.

+800 

Tanyard Creek ........................... At the confluence with Howards Creek ...................................... +779 Lincoln County (Unincorporated 

Areas). 

Approximately 2.6 miles upstream of West Reepsville Road 

(State Route 1113).

+906 

Tributary 1 .......................... At the confluence with Tanyard Creek ....................................... +791 Lincoln County (Unincorporated 

Areas). 

Approximately 1.6 miles upstream of West Reepsville Road 

(State Route 1113).

+890 

Walker Branch ........................... Approximately 200 feet downstream of North Aspen Street ...... +765 Lincoln County (Unincorporated 

Areas), City of Lincolnton. 

Approximately 200 feet downstream of East Wilma Sigmon 

Road.

+815 

Tributary 2 .......................... At the confluence with Walker Branch ....................................... +805 Lincoln County (Unincorporated 

Areas), City of Lincolnton. 

Approximately 0.4 mile upstream of North Huss Street ............. +947 

Wilkinson Creek ......................... At the confluence with Wingate Creek ....................................... +753 Lincoln County (Unincorporated 

Areas). 

Approximately 300 feet upstream of State Route 150 ............... +910 

Wingate Creek ........................... At the confluence with Anderson Creek and Hooper Creek ...... +709 Lincoln County (Unincorporated 

Areas). 

Approximately 1.3 miles upstream of the confluence of 

Wilkinson Creek.

+804 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

City of Lincolnton 

Maps are available for inspection at the City of Lincolnton Planning Department, 114 West Sycamore Street, Lincolnton, North Carolina. 

Lincoln County (Unincorporated Areas) 

Maps are available for inspection at the Lincoln County Planning Department, 302 North Academy Street, Lincolnton, North Carolina. 

Brown County, South Dakota and Incorporated Areas 

Docket No.: FEMA–B–7343 

4th Street Drainageway ............. Approximately 400 feet downstream of Sixth Street .................. +1,295 City of Groton. 

Approximately 200 feet downstream of Sixth Street .................. +1,296 

Approximately 300 feet upstream of 13th Avenue/Highway 12 +1,302 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

City of Groton 

Maps are available for inspection City Hall, 209 North Main Street, Groton, South Dakota, 57445. 


pwalker on PROD1PC71 with RULES
10404 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: February 28, 2007. 

David I. Maurstad, 

Director, Mitigation Division, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E7–4157 Filed 3–7–07; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

45 CFR Part 30 

RIN 0991–AB18 

Claims Collection 

AGENCY: Department of Health and 

Human Services. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of Health and Human 

Services’ (HHS) regulations to 

implement the provisions of the Debt 

Collection Improvement Act of 1996 

(DCIA), as implemented by the 

Department of Justice (Justice) and the 

Department of the Treasury (Treasury) 

as the Federal Claims Collection 

Standards (FCCS). This final rule 

implements the final rule promulgated 

by Justice and Treasury, and amends the 

process by which HHS can 

administratively collect, offset, 

compromise, suspend and terminate 

collection activity for civil claims for 

money, funds, or property, and the rules 

and process by which HHS can refer 

civil claims to Treasury, Treasurydesignated debt collection centers, or 

Justice for collection by further 

administrative action or litigation, as 

applicable. 

DATES: Effective Date: March 8, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey S. Davis, Associate General 

Counsel, General Law Division, Office 

of the General Counsel, Department of 

Health and Human Services, Room 4760 

Cohen Building, 330 Independence 

Avenue SW., Washington, DC 20201. 

SUPPLEMENTARY INFORMATION: 

Background 

The Debt Collection Act of 1982 

(DCA), Public Law No. 97–365, was 

implemented on a government-wide 

basis by the FCCS, set forth at 4 CFR 

part 101 et seq., issued by Justice and 

the General Accounting Office on March 

9, 1984. See 49 FR 8889 (1984). HHS 

implemented the FCCS at 45 CFR part 

30. As mandated by the DCIA, Justice 

and Treasury jointly promulgated the 

revised FCCS at 31 CFR parts 900–904 

to reflect the legislative changes to the 

Federal debt collection procedures 

enacted by the DCIA. The revised FCCS 

superseded the current FCCS, and 

removed the Comptroller General as 

promulgator of the FCCS. HHS is 

required to implement regulations, 

consistent with the DCIA and the 

regulations promulgated by Justice and 

Treasury. The following changes to the 

Department’s current debt collection 

regulation are incorporated in the 

proposed regulation to reflect the DCIA 

and the implementing final rule: 

1. Demand Letter. One demand 

should be sufficient. It will include the 

applicable standards for imposing any 

interest, penalties, or administrative 

costs; use of collection agencies, Federal 

salary offset, tax refund offset, 

administrative offset, and litigation; any 

rights the debtor may have to seek 

review of the Department’s 

determination of the debt and to enter 

into a reasonable repayment agreement; 

and information regarding the 

Department’s remedies to enforce 

payment of the debt. 

2. Mutual Releases. HHS and debtors 

will exchange mutual releases of nontax liabilities, in all appropriate 

instances, when a claim is 

compromised. 

3. Increase in Amounts. The principal 

claim amount that HHS is authorized to 

compromise or to suspend or terminate 

collection activity thereon, without 

concurrence by Justice, is increased 

from $20,000 to $100,000. In addition, 

the minimum amount of a claim that 

may be referred to Justice for litigation 

is increased from $600 to $2,500. 

4. Transferring or Referring 

Delinquent Debt. There are new debt 

collection procedures for transferring or 

referring delinquent debt to Treasury or 

a Treasury-designated debt collection 

center for collection. 

5. Centralized Administrative Offset. 

There are new debt collection 

procedures for mandatory, centralized 

administrative offset by disbursing 

officials. 

6. Mandatory Credit Bureau 

Reporting. There are new debt 

collection procedures for mandatory 

credit bureau reporting. 

7. Prohibition Against Federal 

Financial Assistance. There are new 

debt collection procedures prohibiting 

Federal financial assistance in the form 

of loans, loan guarantees, or loan 

insurance to debtors, unless waived by 

the Secretary. Disaster loans are exempt 

from this prohibition. 

8. Army Hold-up List. The use of the 

Army hold-up list to report indebted 

contractors to the Department of the 

Army has been discontinued. 

Additionally, we note that the current 

HHS claims collection regulations at 45 

CFR 30.13(d) provided: ‘‘[u]nless 

specifically authorized by statute, 

regulation or written agreement, or 

unless the debts arise from, or involve, 

fraud or criminal activity, the Secretary 

will not charge interest on debts arising 

from payments to beneficiaries under 

Titles II, XVI, and XVIII of the Social 

Security Act.’’ This rule will not change 

this Departmental practice. For debts 

arising from payments to beneficiaries 

under Titles XVI and XVIII of the Social 

Security Act (Title II is now 

administered by the Social Security 

Administration), the Secretary will not 

assess interest unless specifically 

required to do so by statute, regulation 

or written agreement, or unless the 

debts arise from, or involve, fraud or 

criminal activity. 

To the extent any provision of this 

rule is inconsistent with a more specific 

provision (e.g., certain provisions in 45 

CFR parts 31, 32, and 33 and 42 CFR 

parts 401 and 405), the more specific 

provision shall apply. 

Basic Provisions 

In accordance with the requirements 

of the DCIA and the implementing 

regulations promulgated by Justice and 

Treasury at 31 CFR parts 900–904, this 

final rule establishes the procedures for 

the administrative collection, offset, 

compromise, suspension and 

termination of collection activity for 

civil claims for money, funds, or 

property, as defined by 31 U.S.C. 

3701(b), and the process by which HHS 

can refer civil claims to Treasury, 

Treasury-designated debt collection 

centers, or Justice for collection by 

further administrative action or 

litigation, as applicable. The rule does 

not apply to claims between Federal 

agencies. The rule affects HHS’s debtors. 

This rule revises the current Department 

regulation in accordance with the 

substantive and procedural 

requirements of the DCIA and the 

implementing final rule. 

(Authority: 31 U.S.C. 3711.) 

Public Comments 

We received the following comments 

on the proposed rule. 

Comment: One commenter asserted 

that the mandatory demand letter 

statements required by § 30.11 of the 

proposed rule potentially conflicted 

with validation disclosures of § 809 of 

the Fair Debt Collection Practices Act 

(FDCPA) that private collection 

contractors are required to deliver in 

their initial demand letters. 


pwalker on PROD1PC71 with RULES