# [Amended]
**AGENCY:**
Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.
**ACTION:**
Interim rule.
**SUMMARY:**
This interim rule lists communities where modification of the Base (1-percent-annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.
**DATES:**
These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Map(s) in effect prior to this determination for the listed communities.
From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety (90) days in which to request through the community that the Mitigation Division Director for the Emergency Preparedness and Response Directorate reconsider the changes. The modified BFEs may be changed during the 90-day period.
**ADDRESSES:**
The modified 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:**
Mary Jean Pajak, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
**SUPPLEMENTARY INFORMATION:**
The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided.
Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data.
The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and with 44 CFR part 65.
For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP).
These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities.
The changes in BFEs are in accordance with 44 CFR 65.4.
**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 BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared.
**Regulatory Classification**
This interim 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 65**
Flood insurance, Floodplains, Reporting and recordkeeping requirements.
**44 CFR Part 65**
Accordingly, 44 CFR part 65 is amended to read as follows:
**PART 65—[AMENDED]**
1. The authority citation for part 65 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.
**44 CFR Part 65**
§ 65.4
2. The tables published under the authority of § 65.4 are amended as follows:
| State and county | Location | Dates and name of newspaper where notice was published | Chief executive officer of community | Effective date of modification | Community No. |
| --- | --- | --- | --- | --- | --- |
| Illinois: | | | | | |
| Cook (Case No. 02-05-2981P) | Village of Orland Park | January 30, 2003, February 6, 2003, | The Honorable Daniel McLaughlin, Mayor, Village of Orland Park, Village Hall, 14700 South Ravinia Avenue, Orland Park, Illinois 60462 | Jan. 15, 2003 | 170140 |
| Cook (Case No. 02-05-1847P) | Village of Wheeling | January 16, 2003, January 23, 2003, | Mr. Gregory Klatecki, President, Village of Wheeling, 255 West Dundee Road, Wheeling, Illinois 60090-4726 | Dec. 27, 2002 | 170173 |
| Indiana: Lake (Case No. 02-05-3647P) | Town of Schererville | January 16, 2003, January 23, 2003, | Mr. Richard Krame, City Manager, Town of Schererville, 833 West Lincoln Highway, Suite B20W, Schererville, Indiana 46375 | Jan. 27, 2003 | 180142 |
| Kansas: Sedgwick (Case No. 02-07-250P) | City of Wichita | January 6, 2003, January 13, 2003, | The Honorable Bob Knight, Mayor, City of Wichita, City Hall, 455 North Main, Wichita, Kansas 67202 | Dec. 6, 2002 | 200328 |
| Minnesota: Ramsey (Case No. 02-05-0197P) | City of New Brighton | January 15, 2003, January 22, 2003, | The Honorable Steve Larson, Mayor, City of New Brighton, 803 Old Highway 8 N.W., New Brighton, Minnesota 55112 | April 23, 2003 | 270380 |
| Missouri: St. Louis (Case No. 02-07-0172P) | Unincorporated Areas | January 16, 2003, January 23, 2003, | Mr. Buzz Westfall, County Executive, St. Louis County, 41 South Central Avenue, St. Louis, Missouri 63105 | April 24, 2003 | 290327 |
| New Mexico: | | | | | |
| Bernalillo (Case No. 02-06-2143P) | City of Albuquerque | January 24, 2003, January 31, 2003, | The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. box 1293, Albuquerque, New Mexico 87103 | Jan. 8, 2003 | 350002 |
| Bernalillo (Case No. 02-06-2143P) | Unincorporated Areas | January 24, 2003, January 31, 2003, | Mr. Tim Cummins, Bernalillo County Commissioner, One Civic Plaza, N.W., Albuquerque, New Mexico 87102 | Jan. 8, 2003 | 350001 |
| Ohio: | | | | | |
| Franklin (Case No. 02-05-3227P) | Unincorporated Areas | January 9, 2003, January 16, 2003, | Mr. Dewey R. Stokes, President, Franklin County, Board of Commissioners, 373 South High Street, 26th Floor, Columbus, Ohio 43215-6304 | Jan. 14, 2003 | 390167 |
| Lorain (Case No. 02-05-1839P) | City of North Ridgeville | February 19, 2003, February 26, 2003, | The Honorable Deanna Hill, Mayor, City of North Ridgeville, 7307 Avon Belden Road, North Ridgeville, Ohio 44039 | May 28, 2002 | 390352 |
| Oklahoma: | | | | | |
| Tulsa (Case No. 01-06-839P) | City of Broken Arrow | January 8, 2003, January 15, 2003, | The Honorable James Reynolds, Mayor, City of Broken Arrow, 706 East Mason Drive, Broken Arrow, OK 74012 | April 16, 2003 | 400236 |
| Oklahoma (Case No. 02-06-1547P) | City of Oklahoma City | January 17, 2003, January 24, 2003, | The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, Oklahoma 73102 | April 25, 2003 | 405378 |
| Oklahoma, Canadian, Cleveland, McClain, & Pottawatomie (Case No. 03-06-433P) | City of Oklahoma City | January 20, 2003, January 27, 2003, | The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, Suite 302, Oklahoma City, OK 73102 | Jan. 9, 2003 | 405378 |
| Rogers (Case No. 03-06-012P) | Unincorporated Areas | January 9, 2003, January 16, 2003, | Mr. Gerry Payne, Chairman, Rogers County, Board of Commissioners, 219 South Missouri, Claremore, Oklahoma 74017 | Dec. 9, 2002 | 405379 |
| Wagoner (Case No. 03-06-012P) | Unincorporated Areas | January 9, 2003, January 16, 2003, | Mr. Allan Farley, Chairman, Wagoner County, Board of Commissioners, 307 East Cherokee Street, Wagoner, Oklahoma 74467 | Dec. 9, 2002 | 400215 |
| Texas: | | | | | |
| Collin (Case No. 02-06-375P) | City of Allen | January 10, 2003, January 17, 2003, | The Honorable Stephen Terrell, Mayor, City of Allen, One Allen Civic Plaza, Allen, Texas 75013 | April 18, 2003 | 480131 |
| Johnson (Case No. 02-06-2441P) | City of Burle- son | January 8, 2003, January 15, 2003, | The Honorable Byron Black, Mayor, City of Burleson, 141 West Renfro, Burleson, Texas 76028 | April 16, 2003 | 485459 |
| Fort Bend (Case No. 02-06-376P) | Unincorporated Areas | January 22, 2003, January 29, 2003, | The Honorable James C. Adolphus, Judge, Fort Bend County, 301 Jackson Street, Suite 719, Richmond, Texas 77469 | Dec. 31, 2002 | 480228 |
| Denton (Case No. 03-06-040P) | City of Fort Worth | January 24, 2003, January 31, 2003, | The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 | May 2, 2003 | 480596 |
| Tarrant (Case No. 02-06-2441P) | City of Fort Worth | January 8, 2003, January 15, 2003, | The Honorable Kenneth Barr, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 | Jan. 13, 2003 | 480596 |
| Harris (Case No. 01-06-2046P) | Unincorporated Areas | January 10, 2003, January 17, 2003, | The Honorable Robert Eckels, Judge, Harris County, 1001 Preston Street, Suite 911, Houston, Texas 77002 | April 18, 2003 | 480287 |
| Dallas (Case No. 02-06-2421P) | Town of Highland Park | January 22, 2003, January 29, 2003, | The Honorable William White, Jr., Mayor, Town of Highland Park, Town Hall, 4700 Drexel Drive, Highland Park, Texas 75205 | Jan. 3, 2003 | 480178 |
| Bexar (Case No. 02-06-2307P) | City of San Antonio | January 30, 2003, February 6, 2003, | The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283 | May 8, 2003 | 480045 |
| Bexar (Case No. 02-06-1838P) | City of Selma | January 23, 2003, January 30, 2003, | The Honorable James Parma, Mayor, City of Selma, 9375 Corporate Drive, Selma, Texas 78154 | May 1, 2003 | 480046 |
| Tarrant (Case No. 02-06-2441P) | Unincorporated Areas | January 8, 2003, January 15, 2003, | The Honorable Tom Vandergriff, Judge, Tarrant County, 100 East Weatherford, Fort Worth, Texas 76196 | Jan. 13, 2003 | 480582 |
| Bexar (Case No. 02-06-1838P) | City of Universal City | January 23, 2003, January 30, 2003, | The Honorable Wesley D. Becken, Mayor, City of Universal City, P.O. Box 3008, Universal City, Texas 78184 | May 1, 2003 | 480049 |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: April 23, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.