# [Amended]
**AGENCY:**
Federal Emergency Management Agency, DHS.
**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 Maps (FIRMs) 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 Deputy Federal Insurance and Mitigation Administrator 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:**
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, or (e-mail) *[email protected].*
**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 either to 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 interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.
*Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.
*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 13132, Federalism.* This interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism.
*Executive Order 12988, Civil Justice Reform.* This interim rule meets the applicable standards of Executive Order 12988.
**List of Subjects in 44 CFR Part 65**
Flood insurance, Floodplains, Reporting and recordkeeping requirements.
Accordingly, 44 CFR part 65 is amended to read as follows:
**44 CFR Part 65**
**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 and case | Date and name of newspaper | Chief executive officer of community | Effective date of | Community |
| --- | --- | --- | --- | --- | --- |
| Idaho: | | | | | |
| Valley | Unincorporated areas of Valley County (10-10-0010P) | April 15, 2010; April 22, 2010; | The Honorable Jerry Winkle, Valley County Commissioner, P.O. Box 1350, Cascade, ID 83611 | August 21, 2010 | 160220 |
| Indiana: Hamilton | City of Noblesville (10-05-3162P) | April 15, 2010; April 22, 2010; | The Honorable John Ditslear, Mayor, City of Noblesville, 16 South 10th Street, Suite 150, Noblesville, IN 46060 | August 20, 2010 | 180082 |
| Wisconsin: | | | | | |
| Green Lake | Village of Marquette (10-05-1858P) | April 8, 2010; April 15, 2010; | Mr. Howard Sell, District 6, County Board Supervisor, N3415 State Highway 73, Markesan, WI 53946 | March 29, 2010 | 550170 |
| Waukesha | Unincorporated areas of Waukesha County (10-05-0806P) | April 29, 2010; May 6, 2010;
and | Mr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 230, Waukesha, WI 53188 | September 3, 2010 | 550476 |
| Jefferson | Unincorporated areas of Jefferson County (10-05-0806P) | April 29, 2010; May 6, 2010; | Ms. Sharon L. Schmeling, County Board Chairperson, 320 South Main Street, Room 201, Jefferson, WI 53549 | September 3, 2010 | 550191 |
| Waukesha | Unincorporated areas of Waukesha County (10-05-0802P) | April 29, 2010; May 6, 2010;
and | Mr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 320, Waukesha, WI 53188 | September 3, 2010 | 550476 |
| Michigan: | | | | | |
| Oakland | City of Novi (10-05-0812P) | May 6, 2010; May 13, 2010; | The Honorable David Landry, Mayor, City of Novi, 45175 West Ten Mile Road, Novi, MI 48375 | May 24, 2010 | 260175 |
| Wisconsin: | | | | | |
| Dane | Village of Black Earth (10-05-1272P) | May 20, 2010; May 27, 2010; | The Honorable Patrick Troge, President, Village of Black Earth, 1525 Riverview Drive, Black Earth, WI 53515 | September 24, 2010 | 550079 |
| Dane | Unincorporated areas of Dane County (10-05-1272P) | May 20, 2010; May 27, 2010; | Kathleen Falk, County Executive, 210 Martin Luther King Jr. Boulevard, Room 116, City-County Building, Madison, WI 53703 | September 24, 2010 | 550077 |
| Massachusetts: | | | | | |
| Barnstable | Town of Falmouth (09-01-1590P) | May 21, 2010; May 28, 2010; | Mr. Robert L. Whritenour, Jr., Town of Falmouth Manager, 59 Town Hall Square, Falmouth, MA 02540 | August 26, 2010 | 255211 |
| Wisconsin: | | | | | |
| St. Croix | City of River Falls (10-05-1230P) | May 27, 2010; June 3, 2010; | The Honorable Don Richards, Mayor, City of River Falls, 106 North Wasson Lane, River Falls, WI 54022 | October 1, 2010 | 550330 |
| St. Croix | Unincorporated areas of St. Croix County (10-05-1230P) | May 27, 2010; June 3, 2010; | Mr. Daryl Standafer, St. Croix County Chairman, 1101 Carmichael Road Hudson, WI 54016 | October 1, 2010 | 555578 |
| Iowa: | | | | | |
| Polk | City of Des Moines (09-07-1717P) | May 27, 2010; June 3, 2010; | The Honorable Franklin Cownie, Mayor, City of Des Moines, 675 Harwood Drive, Des Moines, IA 50312 | October 1, 2010 | 190227 |
| Idaho: | | | | | |
| Ada | Unincorporated areas of Ada County (10-10-0170P) | May 27, 2010; June 3, 2010; | The Honorable Fred Tilman, Ada County Commissioner, 200 West Front Street, Boise, ID 83702 | September 1, 2010 | 160001 |
| Indiana: | | | | | |
| Tippecanoe | City of Lafayette (10-05-3321P) | May 27, 2010; June 3, 2010; | The Honorable Tony Roswarski, Mayor, City of Lafayette, 20 North 6th Street, Lafayette, IN 47901 | May 18, 2010 | 180253 |
| Nebraska: | | | | | |
| Lancaster | City of Lincoln (10-07-0761P) | June 3, 2010; June 10, 2010; | The Honorable Chris Beutler, Mayor, City of Lincoln, 555 South 10th Street, Suite 301, Lincoln, NE 68508 | October 8, 2010 | 315273 |
| Virginia: | | | | | |
| City of Fairfax | City of Fairfax (10-03-0412P) | June 14, 2010; June 21, 2010; | The Honorable Robert F. Lederer, Mayor, City of Fairfax, 10455 Armstrong Street, Fairfax, VA 22030 | October 19, 2010 | 515524 |
| Vermont: | | | | | |
| Windham | Town of Wilmington (10-01-0925P) | June 14, 2010; June 21, 2010; | The Honorable Thomas P. Consolino, Chair, Selectboard, P.O. Box 217 Wilmington, VT 05363 | June 2, 2010 | 500142 |
| Windham | Town of Wilmington (10-01-0925P) | June 17, 2010; June 24, 2010; | The Honorable Thomas P. Consolino, Chair, Selectboard P.O. Box 217 Wilmington, VT 05363 | June 2, 2010 | 500142 |
| New Hampshire: | | | | | |
| Hillsborough | Town of Pelham (09-01-1526P) | June 18, 2010; June 25, 2010; | The Honorable Douglas Viger, Chairman, Board Selectman, 6 Village Green, Pelham, NH 03076 | July 6, 2010 | 330100 |
| Hillsborough | Town of Pelham (09-01-1526P) | June 21, 2010; June 28, 2010; | The Honorable Douglas Viger, Chairman, Board Selectman, 6 Village Green, Pelham, NH 03076 | July 6, 2010 | 330100 |
| Kansas: | | | | | |
| Johnson | City of Overland Park (09-07-1710P) | June 30, 2010; July 7, 2010; | The Honorable Carl Gerlach, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, KS 66212 | June 17, 2010 | 200174 |
| Maine: | | | | | |
| Cumberland | Town of Harpswell (09-01-1532P) | July 12, 2010; July 19, 2010; | The Honorable James S. Henderson, Chairman, Board of Selectman, P.O. Box 39, Harpswell, ME 04079 | June 24, 2010 | 230169 |
| Michigan: | | | | | |
| Macomb | Township of Washington (10-05-4289P) | July 7, 2010; July 14, 2010; | Mr. Dan O'Leary, Board Supervisor, 57900 Van Dyke Road, Washington, MI 48094 | June 29, 2010 | 260447 |
| Missouri: | | | | | |
| Cole | City of Jefferson City (10-07-0593P) | July 8, 2010; July 15, 2010; | The Honorable John Landwehr, Mayor, City of Jefferson City, 320 East McCarty Street, Jefferson City, MO 65101 | December 24, 2010 | 290108 |
| Iowa: | | | | | |
| Black Hawk | City of Cedar Falls (10-07-0506P) | July 8, 2010; July 15, 2010; | The Honorable Jon Crews, Mayor, Cedar Falls, 220 Clay Street, Cedar Falls, IA 50613 | November 12, 2010 | 190017 |
| Maine: | | | | | |
| York | Town of Holis (10-01-0538P) | July 13, 2010; July 20, 2010; | Mr. Stuart B. Gannett, Sr., Chairman, Board of Selectman, 34 Town Farm Road, Hollis, ME 04042 | November 17, 2010 | 230150 |
(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
Dated: December 22, 2010.
Edward Connor,
Acting Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.