75484 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

State and county Location 

Dates and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of 

modification 

Community 

No. 

Georgia: Gwinnett Unincorporated 

areas.

Oct. 7, 2004, Oct. 14, 

2004, Gwinnett Daily 

Post.

Mr. F. Wayne Hill, Chairman of the 

Gwinnett County Board of Commissioners, Justice and Administration Center, 75 Langley Drive, 

Lawrenceville, Georgia 30045.

Sept. 29, 2004 ........... 130322 C 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27620 Filed 12–16–04; 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 (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security.

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 

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:

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

FEMA, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903.

SUPPLEMENTARY INFORMATION: 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 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. 4104, 

and 44 CFR part 67. 

The 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 final 

or modified BFEs are required by the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, 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 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:

Source of Flooding and Location 

#Depth in 

feet above 

ground.

*Elevation

in feet

(NGVD)

•Elevation

in feet

(NAVD) 

PENNSYLVANIA

Lancaster County (FEMA 

Docket No. D–7594)

Conoy Creek:

Approximately 1,850 feet upstream of State Route 241 •398 

Approximately 4,350 feet upstream of State Route 241 •406

Township of West Donegal

Chiques Creek:

Approximately 1,350 feet upstream of Kinderhook Road .. •295 

Approximately 600 feet 

downstream of State Route 

72 ....................................... •438

Townships of Rapho, East 

Hempfield, West Hempfield, 

Penn

Cocalico Creek:

Approximately 400 feet 

downstream of Disston 

View Road ......................... •300 

Approximately 150 feet 

downstream of Pennsylvania Turnpike ................... •394

Townships of Warwick, East 

Cocalico, West Cocalico

Little Cocalico Creek:

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 75485

Source of Flooding and Location 

#Depth in 

feet above 

ground.

*Elevation

in feet

(NGVD)

•Elevation

in feet

(NAVD) 

Approximately 800 feet 

downstream of Pennsylvania Turnpike ................... •390 

Approximately 200 feet 

downstream of Pennsylvania Turnpike ................... •390

Township of East Cocalico

Little Chiques Creek:

Approximately 300 feet 

downstream of Mount Joy 

Road .................................. •326 

Just downstream of Milton 

Grove Road ....................... •351

Township of Mount Joy

Conestoga River:

Approximately 10,100 feet 

upstream of Stehman 

Road .................................. •227 

Approximately 3,200 feet upstream of U.S. Route 322 •333

Borough of Millersville, 

Townships of Ephrata, 

Upper Leacock

Mill Creek:

Approximately 4,500 feet 

downstream of Park Drive •261 

Approximately 450 feet 

downstream of T–763 ....... •458

City of Lancaster, Township 

of Earl

Pequea Creek:

Approximately 3,700 feet 

downstream of Rawlinsville 

Road .................................. •279 

Approximately 450 feet 

downstream of U.S. Route 

30 ....................................... •346

Townships of Providence, 

Leacock, Pequea, East 

Lampeter, West Lampeter, 

Paradise

Beaver Creek:

Approximately 325 feet 

downstream of North 

Church Street .................... •455 

Approximately 250 feet 

downstream of North 

Church Street .................... •456

Township of Eden

West Branch Octorano Creek:

Approximately 3,900 feet 

downstream of Mount 

Pleasant Road ................... •497 

Approximately 3,800 feet 

downstream of Mount 

Pleasant Road ................... •497

Township of Colerain

Lees Creek:

Approximately 480 feet 

downstream of Willow 

Street ................................. •456 

Approximately 420 feet 

downstream of Willow 

Street ................................. •457

Township of Brecknock

Tributary No. 1 to Conestoga 

River:

Just upstream of Barbara 

Street ................................. •281 

Approximately 610 feet upstream of Barbara Street ... •289 

Borough of Millersville

Little Conestoga Creek:

Source of Flooding and Location 

#Depth in 

feet above 

ground.

*Elevation

in feet

(NGVD)

•Elevation

in feet

(NAVD) 

Approximately 3,050 feet upstream of Millersville Road •278 

Approximately 3,350 feet upstream of Millersville Road •278

Township of Brecknock

Maps available for inspection

at the Brecknock Township 

Office, 1026 Dry Tavern 

Road, Denver, Pennsylvania.

Township of Colerain

Maps available for inspection

at the Colerain Township Office, 1803 Kirkwood Pike, 

Kirkwood, Pennsylvania.

Township of Earl

Maps available for inspection

at the Earl Township Office, 

517 North Railroad Avenue, 

New Holland, Pennsylvania.

Township of East Cocalico

Maps available for inspection

at the East Cocalico Township Office, 100 Hill Road, 

Denver, Pennsylvania.

Township of East Hempfield

Maps available for inspection

at the East Hempfield Township Office, 1700 Nissley 

Road, Landisville, Pennsylvania.

Township of East Lampeter

Maps available for inspection

at the East Lampeter Township Office, 2205 Old Philadelphia Pike, Lancaster, 

Pennsylvania.

Township of Eden

Maps available for inspection

at the Eden Township Office, 

489 Stony Hill Road, 

Quarryville, Pennsylvania.

Township of Ephrata

Maps available for inspection

at the Ephrata Township Office, 265 Akron Road, Ephrata, Pennsylvania.

City of Lancaster

Maps available for inspection

at the Lancaster City Office, 

120 North Duke Street, Lancaster, Pennsylvania.

Township of Leacock

Maps available for inspection

at the Leacock Township Office, 3545 West Newport 

Road, Intercourse, Pennsylvania.

Borough of Millersville

Maps available for inspection

at the Millersville Borough 

Office, 10 Colonial Avenue, 

Millersville, Pennsylvania.

Township of Mount Joy

Maps available for inspection

at the Mount Joy Township 

Office, 159 Merts Drive, Elizabethtown, Pennsylvania.

Township of Paradise

Maps available for inspection

at the Paradise Township Office, 196 Blackhorse Road, 

Paradise, Pennsylvania.

Township of Penn

Source of Flooding and Location 

#Depth in 

feet above 

ground.

*Elevation

in feet

(NGVD)

•Elevation

in feet

(NAVD) 

Maps available for inspection

at the Penn Township Office, 

97 North Penryn Road, 

Manheim, Pennsylvania.

Township of Pequea

Maps available for inspection

at the Pequea Township Office, 1028 Millwood Road, 

Willow Street, Pennsylvania.

Township of Providence

Maps available for inspection

at the Providence Township 

Office, 200 Mt. Airy Road, 

New Providence, Pennsylvania.

Township of Rapho

Maps available for inspection

at the Rapho Township Office, 971 North Colebrook 

Road, Manheim, Pennsylvania.

Township of Upper Leacock

Maps available for inspection

at the Upper Leacock Township Office, 36 Hillcrest Avenue, Leola, Pennsylvania.

Township of Warwick

Maps available for inspection

at the Warwick Township Office, 315 Clay Road, Lititz, 

Pennsylvania.

Township of West Cocalico

Maps available for inspection

at the West Cocalico Township Office, 156 B West Main 

Street, Reinholds, Pennsylvania.

Township of West Donegal

Maps available for inspection

at the West Donegal Township Office, 1 Municipal 

Drive, Elizabethtown, Pennsylvania.

Township of West Hempfield

Maps available for inspection

at the West Hempfield Township Office, 3401 Marietta 

Avenue, Lancaster, Pennsylvania. 

Township of West Lampeter

Maps available for inspection

at the West Lampeter Township Office, 852 Village 

Road, Lampeter, Pennsylvania.

PUERTO RICO

Commonwealth and Municipalities (FEMA Docket No. 

D–7592)

Rio Guamani:

Approximately 100 meters 

above the mouth of Caribbean Sea ........................... *3.2 

Approximately 0.60 kilometers upstream of Puerto 

Rico Route 10 ................... *154.4

Commonwealth of Puerto 

Rico

Rio de Bayamon:

75486 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

Source of Flooding and Location 

#Depth in 

feet above 

ground.

*Elevation

in feet

(NGVD)

•Elevation

in feet

(NAVD) 

Approximately 100 meters 

downstream of Puerto Rico 

Route 2 .............................. *10.7 

Approximately 9.5 kilometers 

upstream of Puerto Rico 

Route 174 .......................... *250.6

Commonwealth of Puerto 

Rico, Municipality of Bayamon

Rio de La Plata (Toa Baja):

Approximately 0.1 kilometer 

above the confluence with 

Atlantic Ocean ................... *3.3 

At downstream side of Puerto Rico Route 2 ................. *11.0

Commonwealth of Puerto 

Rico

Rio Nigua:

Approximately 400 meters 

upstream of mouth of Rio 

Nigua ................................. *3.2 

Approximately 5.41 kilometers upstream of Puerto 

Rico Route 52 ................... *49.5

Rio Coamo:

Approximately 2.16 kilometers downstream of 

Puerto Rico Route 1 .......... *3.0 

Approximately 2.15 kilometers upstream of Puerto 

Rico Route 1 ..................... *20.1

Rio de La Plata (Toa Alta):

At downstream side of Puerto Rico Route 2 ................. *11.0 

Approximately 0.3 kilometer 

upstream of Puerto Rico 

Route 824 .......................... *22.0

Rio de La Plata: Overflow:

Approximately 0.79 kilometer 

downstream of the road to 

Military Reservation ........... *2.3 

Approximately 0.45 kilometer 

upstream of Puerto Rico 

Route 854 .......................... *6.7

Rio Grande:

At the confluence with 

Espiritu Santo River .......... *5.0 

At the Puerto Rico Route 3 .. *6.9

Maps available for inspection

at the Puerto Rico Planning 

Board, Minilas Government 

Center, North Building, East 

Diego Avenue, Stop 22, San 

Juan, Puerto Rico.

Municipality of Bayamon

Maps available for inspection

at Carretera #2, Alcaldia de 

Bayamon, 4to piso Oficina de 

Ordenacion Territorial, Bayamon, Puerto Rico. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: December 8, 2004. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–27619 Filed 12–16–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571

[Docket No. NHTSA–04–19892] 

RIN 2127–AI63

Federal Motor Vehicle Safety 

Standards; Hydraulic and Electric 

Brake Systems

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: In this document, NHTSA is 

establishing an option in the Federal 

motor vehicle safety standard on 

hydraulic and electric brake systems to 

permit the use of a roll bar structure 

during specified testing of brake systems 

in single unit trucks and buses. This 

option is already available for similar 

testing of air braked trucks and buses. 

Permitting the use of a roll bar structure 

will help protect drivers and 

technicians in the event of a rollover 

during testing of hydraulically-braked 

trucks and buses. The safety of drivers 

and technicians is a primary concern 

during vehicle testing. The use of a roll 

bar structure offers protection to the 

drivers and technicians performing 

brake tests conducted at lightly loaded 

vehicle weight.

DATES: Effective date: This final rule is 

effective January 18, 2005. 

Petitions: Petitions for reconsideration 

must be received by January 31, 2005, 

and should refer to this docket and the 

notice number of this document and be 

submitted to: Administrator, National 

Highway Traffic Safety Administration, 

400 Seventh Street, SW., Washington, 

DC 20590. 

Note that all petitions received will be 

posted without change to http://

dms.dot.gov including any personal 

information provided. Please see the 

Privacy Act heading under Rulemaking 

Analysis and Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Samuel 

Daniel Jr., Safety Standards Engineer, 

Office of Crash Avoidance Standards, 

Vehicle Dynamics Division, at (202) 

366–4921, and fax him at (202) 493–

2739. 

For legal issues, you may call 

Christopher Calamita of the NHTSA 

Office of Chief Counsel, at (202) 366–

2992, and fax him at (202) 366–3820. 

You may send mail to both of these 

officials at the National Highway Traffic 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

I. Background and Proposed 

Rulemaking 

NHTSA has two brake standards for 

medium and heavy vehicles. Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 105, Hydraulic and electric brake 

systems, applies to vehicles with 

hydraulic brakes. FMVSS No. 121, Air 

brake systems, applies to vehicles with 

air brakes. 

Although FMVSS No. 105 and 121 

have similar brake performance 

requirements, the two standards have 

differed with respect to their 

specifications concerning the use of a 

roll bar during these tests. Roll bars are 

sometimes added to vehicles for brake 

testing if there are concerns about a 

possible vehicle rollover.

On March 10, 1995, NHTSA 

published a final rule amending FMVSS 

No. 121 requiring all air braked vehicles 

to be equipped with antilock brake 

systems (ABS) (60 FR 13216). The 

braking-in-a-curve performance test for 

truck tractors adopted in that final rule 

included a manufacturer’s option for 

using a roll bar structure during 

performance of that test at lightly loaded 

vehicle weight (LLVW). Loading of a 

vehicle to test at the gross vehicle 

weight rating (GVWR) already afforded 

manufacturers the opportunity to use a 

roll bar structure. 

On December 12, 2001, the agency 

extended the option for use of a roll bar 

structure on vehicles tested at lightly 

loaded vehicle weight in other FMVSS 

No. 121 tests, including the 60 mph 

straight-line stop and the parking brake 

grade holding tests (66 FR 64154). In 

extending the option for using a roll bar 

structure to these tests, we determined 

that the roll bar option is equally 

appropriate for tractors as well as singleunit vehicles. 

NHTSA then established braking-in-acurve test requirements for hydraulicVerDate jul<14>2003 16:46 Dec 16, 2004 Jkt 205001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\17DER1.SGM 17DER1