# [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 record keeping 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 | Effective date of modification | Community No. |
| --- | --- | --- | --- | --- | --- |
| Arkansas: Sebastian | City of Fort Smith | March 22, 2005, March 29, 2005, | The Honorable C. Ray Baker, Jr., Mayor, City of Fort Smith, 4420 Victoria Drive, Fort Smith, AR 72904 | June 28, 2005 | 055013 |
| Illinois: Cook | Village of Orland Park | March 17, 2005, March 24, 2005, | The Honorable Daniel McLaughlin, Mayor, Village of Orland Park, 14700 South Ravinia Avenue, Orland Park, IL 60462 | February 28, 2005 | 170140 |
| Illinois: Will | Village of Rockdale | February 21, 2005, February 28, 2005, | The Honorable Henry Berry, President, Village of Rockdale, 603 Otis Avenue, Rockdale, IL 60436 | May 30, 2005 | 170710 |
| Minnesota: Anoka | City of Andover | May 13, 2005, May 20, 2005, | The Honorable Mike Gamache, Mayor, City of Andover, 1685 Crosstown Boulevard, NW, Andover, MN 55304 | August 19, 2005 | 270689 |
| Minnesota: Dakota | Unincorporated Areas | March 3, 2005, March 10, 2005, | Mr. Brandt Richardson, Administrator, Dakota County, Dakota County Administration Bldg., 1590 Highway 55, Hastings, MN 55033-2372 | June 9, 2005 | 270101 |
| Minnesota: Washington and Dakota | City of Hastings | March 3, 2005, March 10, 2005, | The Honorable Michael Werner, Mayor, City of Hastings, 100 East 4th Street, Hastings, MN 55033 | June 9, 2005 | 270105 |
| Minnesota: Washington | City of Hugo | April 13, 2005, April 20, 2005, | The Honorable Fran Miron, Mayor, City of Hugo, 15250 Homestead Avenue N, Hugo, MN 55038 | March 29, 2005 | 270504 |
| Minnesota: Anoka | City of Oak Grove | May 13, 2005, May 20, 2005, | The Honorable Oscar Olson, Mayor, City of Oak Grove, 22200 Poppy Street, NW, Anoka, MN 55303 | August 19, 2005 | 270031 |
| Minnesota: Scott | City of Savage | May 14, 2005, May 21, 2005, | The Hon. Thomas M. Brennan, Mayor, City of Savage, 6000 McColl Drive, Savage, MN 55378-2464 | August 20, 2005 | 270433 |
| Missouri: Cape Girardeau | City of Cape Girardeau | March 22, 2005, March 29, 2005, | The Honorable Jay Knudtson, Mayor, City of Cape Girardeau, City Hall, 401 Independence Street, Cape Girardeau, MO 63705 | March 3, 2005 | 290458 |
| Missouri: Cape Girardeau | Unincorporated Areas | March 22, 2005, March 29, 2005, | Mr. Gerald Jones, Presiding Commissioner, Cape Girardeau County Commission, 1 Barton Square, Jackson, MO 63755 | April 4, 2005 | 290790 |
| Missouri: St. Louis | City of Ferguson | March 23, 2005, March 30, 2005, | The Honorable Steven Wegert, Mayor, City of Ferguson, 110 Church Street, Ferguson, MO 63135 | June 29, 2005 | 290351 |
| Missouri: St. Louis | Unincorporated Areas | March 23, 2005, March 30, 2005, | Mr. Charlie A. Dooley, St. Louis County Executive, 41 South Central Avenue, Clayton, MO 63105 | June 29, 2005 | 290327 |
| New Mexico: Bernalillo | Unincorporated Areas | April 20, 2005, April 27, 2005, | The Honorable Tom Rutherford, Commissioner, Bernalillo County, One Civic Plaza, N.W., Albuquerque, NM 87102 | July 27, 2005 | 350001 |
| New Mexico: Dona Ana | City of Las Cruces | May 4, 2005, May 11, 2005, | The Honorable William Mattiace, Mayor, City of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004 | April 21, 2005 | 355332 |
| Ohio: Lorain | Unincorporated Areas | April 6, 2005, April 13, 2005, | The Honorable James R. Cordes, Lorain County Administrator, 226 Middle Avenue, Elyria, OH 44035 | July 13, 2005 | 390346 |
| Oklahoma: Oklahoma | City of Oklahoma City | February 16, 2005, February 23, 2005, | The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, OK 73102 | February 2, 2005 | 405378 |
| Texas: Taylor and Jones | City of Abilene | March 2, 2005, March 9, 2005, | The Honorable Grady Barr, Mayor, City of Abilene, P.O. Box 60, Abilene, TX 79604 | February 8, 2005 | 485450 |
| Texas: Collin | City of Allen | March 3, 2005, March 10, 2005, | The Honorable Steve Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013 | February 9, 2005 | 480131 |
| Texas: Denton | Town of Bartonville | May 9, 2005, May 16, 2005, | The Honorable Ron Robertson, Mayor, Town of Bartonville, 1941 East Jeter Road, Bartonville, TX 76226 | April 22, 2005 | 481501 |
| Texas: Dallas | City of Dallas | May 5, 2005, May 12, 2005, | The Honorable Laura Miller, Mayor, City of Dallas, Dallas City Hall, 1500 Marilla Street, Room 5EN, Dallas, TX 75201-6390 | August 11, 2005 | 480171 |
| Texas: Denton | Unincorporated Areas | May 9, 2005, May 16, 2005, | The Honorable Mary Horn, Judge, Denton County, 110 West Hickory Street, 2nd Floor, Denton, TX 76201 | April 22, 2005 | 480774 |
| Texas: Fort Bend | Unincorporated Areas | May 4, 2005, May 11, 2005, | The Honorable Robert E. Hebert, Judge, Fort Bend County, 301 Jackson Street, Richmond, TX 77469 | August 10, 2005 | 480228 |
| Texas: Tarrant | City of Fort Worth | February 18, 2005, February 25, 2005, | The Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102-6311 | May 27, 2005 | 480596 |
| Texas: Collin | City of Frisco | February 25, 2005, March 4, 2005, | The Honorable Mike Simpson, Mayor, City of Frisco, 6891 Main Street, Frisco, TX 75034 | June 3, 2005 | 480134 |
| | | | | | |
| Texas: Hays | Unincorporated Areas | April 14, 2005, April 21, 2005, | The Honorable Jim Powers, Judge, Hays County, 111 E. San Antonio Street, Suite 300, San Marcos, TX 78666 | March 31, 2005 | 480321 |
| Texas: Ellis | City of Midlothian | March 30, 2005, April 6, 2005, | The Honorable David Setzer, Mayor, City of Midlothian, 104 West Avenue East, Midlothian, TX 76065 | March 15, 2005 | 480801 |
| Texas: Comal and Guadalupe | City of New Braunfels | February 23, 2005, March 2, 2005, | The Honorable Adam Cork, Mayor, City of New Braunfels, P.O. Box 311747, New Braunfels, TX 78131-1747 | June 1, 2005 | 485493 |
| Texas: Parker | Unincorporated Areas | February 16, 2005, February 23, 2005, | The Honorable Mark Riley, Parker County Judge, One Courthouse Square, Weatherford, TX 76086 | May 25, 2005 | 480520 |
| Texas: Collin | City of Plano | March 23, 2005, March 30, 2005 | The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086-0358 | June 29, 2005 | 480140 |
| Texas: Collin | City of Plano | May 5, 2005, May 12, 2005, | The Honorable Pat Evans, Mayor, City of Plano, P.O. Box 860358, Plano, TX 75086 | August 11, 2005 | 480140 |
| Texas: Bexar | City of San Antonio | May 24, 2005, May 31, 2005, | The Honorable Ed Garza, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283-3966 | August 30, 2005 | 480045 |
| Texas: Parker | City of Weatherford | February 16, 2005, February 23, 2005, | The Honorable Joe M. Tison, Mayor, City of Weatherford, One Courthouse Square, Weatherford, TX 76086 | May 25, 2005 | 480522 |
| Texas: Tarrant | Village of Westworth | February 18, 2005, February 25, 2005, | The Honorable Andy Fontenot, Mayor, Village of Westworth Village, 311 Burton Hill Road, Fort Worth, TX 76114 | May 27, 2005 | 480616 |
| Texas: Williamson | Unincorporated Areas | March 2, 2005, March 9, 2005, | The Honorable John C. Doerfler, Judge, Williamson County, 710 Main Street, Suite 201, Georgetown, TX 78626 | February 8, 2005 | 481079 |
| Texas: Fort Bend | Willow Fork Drainage District | May 4, 2005, May 11, 2005, | The Honorable Larry J. Mueller, Willow Fork Drainage District, c/o Allen, Boone & Humphries, LLP, 3200 Southwest Freeway, 26th Floor, Houston, TX 77027 | August 10, 2005 | 481603 |
| Texas: Parker | City of Willow Park | February 16, 2005, February 23, 2005, | The Honorable James H. Poythress, Mayor, City of Willow Park, 101 Stagecoach Trail, Willow Park, TX 76087 | May 25, 2005 | 481164 |
| Wisconsin: Fond du Lac | City of Fond du Lac | March 2, 2005, March 9, 2005, | Mr. Tom W. Ahrens, City Manager, City of Fond du Lac, 160 South Macy Street, Fond du Lac, WI 54935 | June 8, 2005 | 550136 |
| Wisconsin: Fond du Lac | Unincorporated Areas | March 2, 2005, March 9, 2005, | Mr. Allen J. Buechel, Fond du Lac County Executive, 160 South Macy Street, Fond du Lac, WI 54935 | June 8, 2005 | 550131 |
| Wisconsin: Manitowoc | Unincorporated Areas | March 2, 2005, March 9, 2005, | The Honorable Dan Sicher, Manitowoc County Executive, Administrative Office Building, 1110 South 9th Street, Manitowoc, WI 54220 | June 8, 2005 | 550236 |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: June 22, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.