# [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% 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 of 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:**
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 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 base flood elevations 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.
§ 65.4
**44 CFR Part 65**
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 | Community No. |
| --- | --- | --- | --- | --- | --- |
| Arkansas: | | | | | |
| Benton (Case No. 02-06-152P) | Unincorporated Areas | Aug. 29, 2003; Sept. 5, 2003; | The Honorable Gary D. Black, Judge, Benton County, 215 East Central, Bentonville, AR 72712 | Dec. 5, 2003 | 050419 |
| Lonoke (Case No. 03-06-676P) | City of Cabot | Aug. 20, 2003; Aug. 27, 2003; | The Hon. Mickey D. Stumbaugh, Mayor, City of Cabot, 101 N. Second Street, P.O. Box 1113, Cabot, AR 72023 | Nov. 26, 2003 | 050309 |
| Washington (Case No. 02-06-2147P) | City of Springdale | Aug. 20, 2003; Aug. 27, 2003; | The Honorable Jerre Van Hoose, Mayor, City of Springdale, 201 Spring Street, Springdale, AR 72764 | Nov. 26, 2003 | 050219 |
| Illinois: | | | | | |
| Will (Case No. 03-05-0430P) | Village of Mokena | Aug. 7, 2003; Aug. 14, 2003; | The Honorable Robert Chiszar, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448 | Nov. 13, 2003 | 170705 |
| Will (Case No. 03-05-2575P) | Village of Plainfield | Sept. 10, 2003; Sept. 17, 2003; | The Honorable Richard Rock, Mayor, Village of Plainfield, 24000 W. Lockport Street, Plainfield, IL 60544 | Aug. 20, 2003 | 170771 |
| Will (Case No. 03-05-0430P) | Unincorporated Areas | Aug. 7, 2003; Aug. 14, 2003; | Mr. Joseph Mikan, Will County Executive, 302 North Chicago Street, Joliet, IL 60432 | Nov. 13, 2003 | 170695 |
| Indiana: | | | | | |
| Marion (Case No. 03-05-1461P) | City of Indianapolis | Sept. 22, 2003; Sept. 29, 2003; | The Honorable Barthen Peterson, Mayor, City of Indianapolis, 200 East Washington Street, Suite 2501, City-County Building, Indianapolis, IN 46204 | Dec. 29, 2003 | 180159 |
| Kansas: | | | | | |
| Sedgwick (Case No. 03-07-883P) | City of Derby | Sept. 5, 2003; Sept. 12, 2003; | The Honorable Dion Avello, Mayor, City of Derby, Derby City Hall, 611 Mulberry Road, Derby, KS 67037 | Dec. 12, 2003 | 200323 |
| Riley (Case No. 03-07-497P) | City of Manhattan | Sept. 5, 2003; Sept. 12, 2003; | The Honorable Mark Taussig, Mayor, City of Manhattan, City Hall, 1101 Poyntz Avenue, Manhattan, KS 66502-5497 | Dec. 12, 2003 | 200300 |
| Johnson (Case No. 02-07-1011P) | City of Olathe | Jan. 21, 2003; Jan. 28, 2003; | The Honorable Michael Copeland, Mayor, City of Olathe, 126 South Cherry, Olathe, KS 66061 | Apr. 29, 2003 | 200173 |
| Michigan: | | | | | |
| Ingham Eaton, & Clinton (Case No. 03-05-1475P) | City of Lansing | Sept. 5, 2003; Sept. 12, 2003; | The Honorable Tony Benavides, Mayor, City of Lansing, 9th Floor, City Hall, 124 W. Michigan Avenue, Lansing, MI 48933 | Dec. 12, 2003 | 260090 |
| Jackson (Case No. 02-05-3653P) | Township of Summit | Sept. 23, 2003; Sept. 30, 2003; | Mr. Russ Youngdahl, Supervisor, Township of Summit, 2121 Ferguson Road, Jackson, MI 49203 | Sept. 2, 2003 | 260575 |
| Missouri: | | | | | |
| St. Louis (Case No. 03-07-106P) | City of Hazelwood | Sept. 1, 2003; Sept. 8, 2003; | The Honorable T.R. Carr, Mayor, City of Hazelwood, 415 Elm Grove Lane, Hazelwood, MO 63042-1917 | Aug. 19, 2003 | 290357 |
| New Mexico: | | | | | |
| Bernalillo (Case No. 03-06-1002P) | City of Albuquerque | Aug. 29, 2003; Sept. 5, 2003; | The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103 | Aug. 15, 2003 | 350002 |
| Bernalillo (Case No. 03-06-445P) | City of Albuquerque | Sept. 19, 2003; Sept. 26, 2003; | The Honorable Martin Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103 | Sept. 8, 2003 | 350002 |
| Bernalillo (Case No. 03-06-445P) | Unincorporated Areas | Sept. 19, 2003; Sept. 26, 2003; | Mr. Tom Rutherford, Chairman, Bernalillo County, One Civic Plaza, N.W., Albuquerque, NM 87102 | Sept. 8, 2003 | 350001 |
| Dona Ana (Case No. 03-06-1210P) | City of Las Cruces | Sept. 1, 2003; Sept. 8, 2003; | The Hon. William M. Mattiace, Mayor, City of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004 | Aug. 15, 2003 | 355332 |
| Ohio: | | | | | |
| Lorain (Case No. 03-05-0530P) | City of Avon | Sept. 24, 2003; Oct. 1, 2003; | The Honorable James A. Smith, Mayor, City of Avon, 36080 Chester Road, Avon, OH 44011-1588 | Sept. 15, 2003 | 390348 |
| Oklahoma: | | | | | |
| Comanche (Case No. 03-06-076P) | City of Lawton | Aug. 1, 2003; Aug. 8, 2003; | The Honorable Cecil E. Powell, Mayor, City of Lawton, 103 Southwest 4th Street, Lawton, OK 73501 | July 18, 2003 | 400049 |
| Oklahoma, (Case No. 03-06-1389P) | City of Oklahoma City | Aug. 20, 2003; Aug. 27, 2003 | The Honorable Kirk Humphreys, Mayor, City of Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, OK 73102 | Aug. 1, 2003 | 405378 |
| Tulsa (Case No. 03-06-1939P) | City of Tulsa | Sept. 23, 2003; Sept. 30, 2003; | The Honorable Bill LaFortune, Mayor, City of Tulsa, City Hall, 200 Civic Center, Tulsa, OK 74103 | Dec. 30, 2003 | 405381 |
| Texas: | | | | | |
| Taylor And Jones (Case No. 03-06-198P) | City of Abilene | Aug. 18, 2003; Aug. 25, 2003; | The Honorable Grady Barr, Mayor, City of Abilene, P.O. Box 60, Abilene, TX 79604 | Nov. 24, 2003 | 485450 |
| Tarrant (Case No. 03-06-1010P) | City of Arlington | Aug. 13, 2003; Aug. 20, 2003; | The Honorable Robert Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004 | July 22, 2003 | 485454 |
| Jefferson (Case No. 02-06-2312P) | City of Beaumont | Aug. 13, 2003; Aug. 20, 2003; | The Honorable Evelyn M. Lord, Mayor, City of Beaumont, P.O. Box 3827, Beaumont, TX 77704 | Nov. 19, 2003 | 485457 |
| Tarrant (Case No. 03-06-1203P) | City of Fort Worth | Aug. 13, 2003; Aug. 20, 2003; | The Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311 | Nov. 19, 2003 | 480596 |
| Tarrant (Case No. 03-06-276P) | City of Fort Worth | Aug. 22, 2003; Aug. 29, 2003; | The Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311 | Nov. 28, 2003 | 480596 |
| Tarrant (Case No. 03-06-1206P) | City of Fort Worth | Aug. 22, 2003; Aug. 29, 2003; | The Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311 | Nov. 28, 2003 | 480596 |
| Tarrant (Case No. 03-06-1202P) | City of Fort Worth | Aug. 29, 2003; Sept. 5, 2003; | The Hon. Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311 | Dec. 5, 2003 | 480596 |
| Williamson (Case No. 03-06-695P) | City of Georgetown | Aug. 20, 2003; Aug. 27, 2003; | The Honorable Gary Nelon, Mayor, City of Georgetown, P.O. Box 409, Georgetown, TX 78627 | Nov. 26, 2003 | 480668 |
| Tarrant (Case No. 03-06-1214P) | City of Hurst | July 25, 2003; Aug. 1, 2003; | The Honorable William D. Souder, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054-3302 | Oct. 31, 2003 | 480601 |
| Kaufman (Case No. 03-06-1932P) | Unincorporated Areas | Sept. 9, 2003; Sept. 16, 2003; | The Honorable Wayne Gent, Judge, Kaufman County, 100 West Mulberry Street, Kaufman, TX 75142 | Dec. 16, 2003 | 480411 |
| Hays (Case No. 03-06-1537P) | City of Kyle | Sept. 3, 2003; Sept. 10, 2003; | The Honorable James L. Adkins, Mayor, City of Kyle, 102 Briarwood Circle, Kyle, TX 78640 | Aug. 18, 2003 | 481108 |
| Dallas (Case No. 03-06-1543P) | City of Mesquite | Aug. 28, 2003; Sept. 4, 2003; | The Honorable Mike Anderson, Mayor, City of Mesquite, P.O. Box 850137, Mesquite, TX 75185 | Dec. 4, 2003 | 485490 |
| Bexar (Case No. 03-06-683P) | City of San Antonio | July 24, 2003; July 31, 2003; | The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283-3966 | July 14, 2003 | 480045 |
| Bexar (Case No. 02-06-1947P) | City of San Antonio | Jan. 24, 2003; Jan. 31, 2003; | The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 | May 2, 2003 | 480045 |
| Kaufman (Case No. 03-06-1932P) | City of Terrell | Sept. 9, 2003; Sept. 16, 2003; | The Honorable Frances Anderson, Mayor, City of Terrell, 201 East Nash Street, Terrell, TX 75160 | Dec. 16, 2003 | 480416 |
| Williamson (Case No. 03-06-695P) | Unincorporated Areas | Aug. 20, 2003; Aug. 27, 2003; | The Honorable John C. Doerfler, Judge, Williamson County, 710 Main Street, Suite 201, Georgetown, TX 78626 | Nov. 26, 2003 | 481079 |
| Wisconsin: | | | | | |
| Washington (Case No. 03-05-1465P) | Village of Germantown | Aug. 20, 2003; Aug. 27, 2003; | Mr. Charles J. Hargan, President, Village of Germantown, P.O. Box 337, Germantown, WI 53022 | Aug. 11, 2003 | 550472 |
(Catalogue of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: November 4, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.