[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8416-8417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02597]



Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2013-0002]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.


SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are 
finalized for the communities listed below. These modified BFEs will be 
used to calculate flood insurance premium rates for new buildings and 
their contents.

DATES: The effective dates for these modified BFEs are indicated on the 
following table and revise the Flood Insurance Rate Maps (FIRMs) in 
effect for the listed communities prior to this date.

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 (email) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below of the modified BFEs 
for each community listed. These modified BFEs have been published in 
newspapers of local circulation and ninety (90) days have elapsed since 
that publication. The Deputy Associate Administrator for Mitigation has 
resolved any appeals resulting from this notification.
    The modified BFEs are not listed for each community in this notice. 
However, this final rule includes the address of the Chief Executive 
Officer of the community where the modified BFE determinations are 
available for inspection.
    The modified BFEs are made pursuant to section 206 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.

[[Page 8417]]

    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 
    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.
    These modified BFEs are used to meet the floodplain management 
requirements of the NFIP and also are used to calculate the appropriate 
flood insurance premium rates for new buildings built after these 
elevations are made final, and for the contents in those buildings. The 
changes in BFEs are in accordance with 44 CFR 65.4.
    National Environmental Policy Act. This final rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Consideration. An environmental impact assessment has not been 
    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 final 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 
    Executive Order 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132, 
    Executive Order 12988, Civil Justice Reform. This final rule meets 
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping 

    Accordingly, 44 CFR part 65 is amended to read as follows:


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.

Sec.  65.4  [Amended]

2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

                                                              Date and name of
         State and county           Location and case No.     newspaper where      Chief executive officer          Effective date of         Community
                                                            notice was published         of community                 modification               No.
    Bexar (FEMA Docket No.: B-      City of San Antonio    September 27, 2011;    The Honorable              September 20, 2011............       480045
     1234).                          (11-06-1217P).         October 4, 2011; The   Juli[aacute]n Castro,
                                                            San Antonio Express-   Mayor, City of San
                                                            News.                  Antonio, 100 Military
                                                                                   Plaza, San Antonio, TX
    Grimes (FEMA Docket No.: B-     Unincorporated areas   November 9, 2011;      The Honorable Betty        May 2, 2012...................       481173
     1237).                          of Grimes County (11-  November 16, 2011;     Shiflett, Grimes County
                                     06-2364P).             The Navasota           Judge, 100 Main Street,
                                                            Examiner.              Anderson, TX 77830.
    Guadalupe (FEMA Docket No.: B-  City of Schertz (11-   November 28, 2011;     The Honorable Harold       April 3, 2012.................       480269
     1244).                          06-1933P).             December 5, 2011;      Baldwin, Mayor, City of
                                                            The Daily Commercial   Schertz, 1400 Schertz
                                                            Recorder.              Parkway, Schertz, TX
    Guadalupe (FEMA Docket No.: B-  City of Selma (11-06-  November 28, 2011;     The Honorable Tom Daly,    April 3, 2012.................       480046
     1244).                          1933P).                December 5, 2011;      Mayor, City of Selma,
                                                            The Daily Commercial   9375 Corporate Drive,
                                                            Recorder.              Selma, TX 78154.
    Hays (FEMA Docket No.: B-1248)  City of Buda (11-06-   December 7, 2011;      The Honorable Sarah        April 12, 2012................       481640
                                     4776P).                December 14, 2011;     Mangham, Mayor, City of
                                                            The Hays Free Press.   Buda, 121 Main Street,
                                                                                   Buda, TX 78610.
    Tarrant (FEMA Docket No.: B-    City of Keller (10-06- April 8, 2010; April   The Honorable Pat          April 1, 2010.................       480602
     1225).                          0163P).                15, 2010; The Fort     McGrail, Mayor, City of
                                                            Worth Star-Telegram.   Keller, 1100 Bear Creek
                                                                                   Parkway, Keller, TX
    Wichita (FEMA Docket No.: B-    City of Wichita Falls  November 29, 2011;     The Honorable Glenn        April 4, 2012.................       480662
     1244).                          (11-06-1179P).         December 6, 2011;      Barham, Mayor, City of
                                                            The Times Record       Wichita Falls, 1300 7th
                                                            News.                  Street, Wichita Falls,
                                                                                   TX 76301.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-02597 Filed 2-5-13; 8:45 am]