Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations 13349

(d) Elevation of insured residential

structures in accordance with 44 CFR

60.3.

(e) Elevation or dry floodproofing of

insured non-residential structures in

accordance with 44 CFR 60.3.

(f) Other activities that bring an

insured structure into compliance with

the floodplain management

requirements at 44 CFR 60.3.

(g) Minor physical flood mitigation

projects that reduce localized flooding

problems and do not duplicate the flood

prevention activities of other Federal

agencies.

(h) Beach nourishment activities.

§ 78.13 Grant administration.

(a) FEMA may contribute up to 75

percent of the total eligible costs of each

grant. At least 25 percent of the total

eligible costs will be provided from a

nonfederal source. Of this amount, not

more than one half will be provided

from in-kind contributions. Allowable

costs will be governed by OMB Circular

A–87 and 44 CFR part 13.

(b) The grantee must submit

performance and financial reports to

FEMA and must ensure that all

subgrantees are aware of their

responsibilities under 44 CFR parts 13

and 14.

(c) FEMA will recapture any funds

provided to a State or a community

under FMA and deposit the amounts in

the National Flood Mitigation Fund if

the applicant has not provided the

appropriate matching funds, the

approved project has not been

completed within the timeframes

specified in the grant agreement, or the

completed project does not meet the

criteria specified in the regulations in

this part.

§ 78.14 Alternative procedures.

For the purposes of this part,

alternative procedures are available

which allow the community to

coordinate directly with FEMA in

implementing the program. These

alternative procedures are available in

the following circumstances. Native

American tribes or authorized tribal

organizations may submit plans and

applications to the State POC or directly

to the FEMA Regional Director. If a

Governor chooses not to identify a POC

to coordinate the FMA, communities

may also submit plans and applications

to the FEMA Regional Director.

Dated: March 13, 1997.

James L. Witt,

Director.

[FR Doc. 97–6910 Filed 3–19–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–165; RM–8247]

Radio Broadcasting Services; Athens,

OH

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration; application for review.

SUMMARY: This document dismisses an

Application for Review filed by David

A. Ringer directed to an earlier

Memorandum Opinion and Order

which denied a petition for

reconsideration in the proceeding

relating to the establishment of a filing

window for the filing of applications for

authorization to operate on Channel

240A in Athens, Ohio. See 60 FR 53878,

published October 18, 1995. With this

action, the proceeding is terminated.

EFFECTIVE DATE: April 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 93–165, adopted

February 26, 1997, and released March

7, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., 2100 M

Street, NW., Suite 140, Washington, DC

20037, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 97–6423 Filed 3–19–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR–6; Notice No. 44]

RIN 2130–AA81

Random Alcohol and Drug Testing:

Determination of 1997 Minimum

Testing Rate

AGENCY: Federal Railroad

Administration (FRA), DOT.

ACTION: Notice of determination.

SUMMARY: Using data from Management

Information System annual reports, FRA

has determined that the rail industry

random drug testing positive rate for

1995 was .93 percent. Since the

industry-wide random drug 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, 1997

through December 31, 1997 will remain

at 25 percent of covered railroad

employees.

Since random alcohol testing was not

fully implemented until January 1,

1996, FRA has insufficient data to adjust

the minimum testing rate. Therefore, the

minimum random alcohol testing rate

will remain at the current 25 percent of

covered railroad employees for the

period January 1, 1997 through

December 31, 1997.

DATES: The minimum annual random

drug and alcohol testing rate is 25

percent of covered railroad employees

for the period January 1, 1997, through

December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Lamar Allen, Alcohol and Drug Program

Manager, Office of Safety Enforcement,

Operating Practices Division, Federal

Railroad Administration, 400 7th Street,

SW., Room 8314, Washington, DC

20590, (Telephone: (202) 632–3378).

SUPPLEMENTARY INFORMATION:

Administrator’s Determination of 1997

Random Drug Testing Rate

In a final rule published on December

2, 1994 (59 FR 62218), FRA announced

that it will set future minimum random

alcohol and drug testing rates according

to the rail industry’s overall violation

rate, which is determined using annual

railroad alcohol and drug 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 alcohol and drug