Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 72131

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 7, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27249 Filed 12–10–04; 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, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: Base (1% annual-chance) 

Flood Elevations and modified Base 

Flood Elevations (BFEs) are made final 

for the communities listed below. The 

BFEs and modified BFEs are the basis 

for the floodplain management 

measures that each community is 

required either to adopt or to show 

evidence of being already in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP).

EFFECTIVE DATE: 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 FIRM is available for inspection as 

indicated in the table below.

ADDRESSES: The final base flood 

elevations 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:

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

Federal Emergency Management 

Agency, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903.

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

makes the final determinations listed 

below for the BFEs and 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 the 

Emergency Preparedness and Response 

Directorate 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. 4105, 

and 44 CFR Part 67. 

The Federal Emergency Management 

Agency 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 rule is categorically excluded 

from the requirements of 44 CFR Part 

10, Environmental Consideration. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act 

The Mitigation Division Director of 

the Emergency Preparedness and 

Response Directorate certifies that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

modified base flood elevations are 

required by the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are required to establish and 

maintain community eligibility in the 

NFIP. No regulatory flexibility analysis 

has been prepared. 

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 12612, Federalism 

This rule involves no policies that 

have federalism implications under 

Executive Order 12612, Federalism, 

dated October 26, 1987. 

Executive Order 12778, Civil Justice 

Reform 

This rule meets the applicable 

standards of Section 2(b)(2) of Executive 

Order 12778.

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and record keeping requirements.

■ Accordingly, 44 CFR Part 67 is 

amended to read 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) 

modified. 

♦Elevation 

in feet 

(NAVD) 

modified 

Arkansas ............. Arkadelphia (City) Clark County 

(FEMA Docket No. P7649).

Mill Creek ....................................... Approximately 1,820 feet downstream of North Eighth Street.*193 

Approximately 2,800 feet upstream 

of 26th Street.

*245 

(FEMA Docket No. P7649) ............ Maddox Branch .............................. Approximately 25 feet downstream 

of Union Pacific Railroad.

*186 

72132 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 

State City/town/county Source of flooding Location 

#Depth in 

feet above 

ground. 

*Elevation 

in feet 

(NGVD) 

modified. 

♦Elevation 

in feet 

(NAVD) 

modified 

Approximately 425 feet upstream 

of South 12th Street.

*207 

Maps are available for inspection at the Town Hall, 700 Clay Street, 121, Arkadelphia, Arkansas. 

Louisiana ............. Jonesville (Town) Catahoula Parish 

(FEMA Docket No. P7649).

Black River ..................................... Approximately 4,100 feet downstream of U.S. Highway 84.*63 

At the confluence of Little River ..... *63 

Little River ...................................... At the confluence with Black River *63 

Approximately 100 feet upstream 

of the divergence of Airport 

Canal.

*63 

Ohio ..................... Chagrin Falls (Village) Cuyahoga 

County (FEMA Docket No. 

P7653).

Chagrin River ................................. At the downstream corporate limit, 

approximately 4,735 feet downstream of Miles Road.

*838 

Just downstream of the corporate 

limit, approximately 5,100 feet 

upstream of the dam.

*969 

Maps are available for inspection at the Village Hall, 21 W. Washington Street, Chagrin Falls, Ohio. 

Ohio ..................... Lake County (Unincorporated 

Areas) (FEMA Docket No. 

P7655).

Red Creek ...................................... Just upstream of CSX Railroad .....

Approximately 700 feet upstream 

of Farm Road.

*677 

*696 

Red Mill Creek ................................ A reach approximately 1,200 feet 

south of Norfolk Southern Railroad.

*704 

Area east of the Main Street and 

700 feet south of Norfolk Southern Railroad.

*#2 

Maps are available for inspection at the Lake County Engineers Office, 550 Blackbrook Road, Painesville, Ohio. 

Ohio ..................... Perry Lake (Village) Lake County 

(FEMA Docket No. P7655).

Red Creek ...................................... ......................................................... *699 

Red Mill Creek ................................ Area east of Main Street and approximately 1,300 feet south of 

Norfolk Southern Railroad.

*710.

Maps are available for inspection at the Village of Perry Municipal Center, 3758 Center Road, Perry, Ohio. 

Oklahoma ............ Tuttle (Town) Grady County 

(FEMA Docket No. P7647).

Coal Creek—Lower Reach ............ Approximately 200 feet upstream 

of the confluence with the Canadian River.

*1,197 

Approximately 0.5 mile upstream of 

North Sarah Road.

*1,235 

Coal Creek Tributary—Lower 

Reach.

At the confluence with Coal 

Creek—Lower Reach.

*1,221 

Approximately 0.6 mile upstream of 

the confluence with Coal 

Creek—Lower Reach.

*1,232 

Tuttle (Town) Lake County (Cont’d) 

(FEMA Docket No. P7647).

Worley Creek—Lower Reach ......... Approximately 1,530 feet downstream of East Silver City Ridge 

Road.

*1,204 

Approximately 140 feet upstream 

of State Highway 37.

*1,243 

Maps are available for inspection at the Town Hall, 301 West Main Street, Tuttle, Oklahoma. 

Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Rules and Regulations 72133

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 7, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27248 Filed 12–10–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

49 CFR Part 219 

[Docket No. 2001–11213, Notice No. 4] 

RIN 2130–AA81 

Alcohol and Drug Testing: 

Determination of Minimum Random 

Testing Rates for 2005

AGENCY: Federal Railroad 

Administration (FRA), DOT.

ACTION: Notice of determination.

SUMMARY: Using data from Management 

Information System annual reports, FRA 

has determined that the 2003 rail 

industry random testing positive rate 

was 0.93 percent for drugs and 0.18 

percent for alcohol. Since the industrywide random drug testing positive rate 

continues to be below 1.0 percent, the 

Federal Railroad Administrator 

(Administrator) has determined that the 

minimum annual random drug testing 

rate for the period January 1, 2005 

through December 31, 2005 will remain 

at 25 percent of covered railroad 

employees. Since the random alcohol 

testing violation rate has remained 

below 0.5 percent for the last two years, 

the Administrator has determined that 

the minimum random alcohol testing 

rate will remain at 10 percent of covered 

railroad employees for the period 

January 1, 2005 through December 31, 

2005.

DATES: This notice is effective upon 

publication.

FOR FURTHER INFORMATION CONTACT:

Lamar Allen, Alcohol and Drug Program 

Manager, Office of Safety Enforcement, 

Mail Stop 25, Federal Railroad 

Administration, 1120 Vermont Avenue, 

NW., Washington, DC 20005, (202) 493–

6313); or Kathy Schnakenberg, FRA 

Alcohol/Drug Program Specialist, (816) 

561–2714.

SUPPLEMENTARY INFORMATION: 

Administrator’s Determination of 2005 

Random Drug and Alcohol Testing 

Rates 

In a final rule published on December 

2, 1994 (59 FR 62218), FRA announced 

that it will set future minimum random 

drug and alcohol testing rates according 

to the rail industry’s overall positive 

rate, which is determined using annual 

railroad drug and alcohol program data 

taken from FRA’s Management 

Information System. Based on this data, 

the Administrator publishes a Federal 

Register notice each year, announcing 

the minimum random drug and alcohol 

testing rates for the following year (see

49 CFR 219.602, 608). 

Under this performance-based system, 

FRA may lower the minimum random 

drug testing rate to 25 percent whenever 

the industry-wide random drug positive 

rate is less than 1.0 percent for two 

calendar years while testing at 50 

percent. (For both drugs and alcohol, 

FRA reserves the right to consider other 

factors, such as the number of positives 

in its post-accident testing program, 

before deciding whether to lower annual 

minimum random testing rates). FRA 

will return the rate to 50 percent if the 

industry-wide random drug positive rate 

is 1.0 percent or higher in any 

subsequent calendar year. 

FRA implemented a parallel 

performance-based system for random 

alcohol testing. Under this system, if the 

industry-wide violation rate is less than 

1.0 percent but greater than 0.5 percent, 

the rate will be 25 percent. FRA will 

raise the rate to 50 percent if the 

industry-wide violation rate is 1.0 

percent or higher in any subsequent 

calendar year. FRA may lower the 

minimum random alcohol testing rate to 

10 percent whenever the industry-wide 

violation rate is less than 0.5 percent for 

two calendar years while testing at a 

higher rate. 

In this notice, FRA announces that the 

minimum random drug testing rate will 

remain at 25 percent of covered railroad 

employees for the period January 1, 

2005 through December 31, 2005, since 

the industry random drug testing 

positive rate for 2003 was 0.93 percent. 

Since the industry-wide violation rate 

for alcohol has remained below 0.5 

percent for the last two years, FRA is 

maintaining the minimum random 

alcohol testing rate at 10 percent of 

covered railroad employees for the 

period January 1, 2005 through 

December 31, 2005. Railroads remain 

free, as always, to conduct random 

testing at higher rates.

Issued in Washington, DC on December 2, 

2004. 

Betty Monro, 

Acting Administrator.

[FR Doc. 04–27214 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–06–P