81 FR 56558 - Guidance for Implementing the Federal Flood Risk Management Standard

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range		56558-56559
FR Document		2016-19809

The Federal Emergency Management Agency (FEMA) is accepting comments on the proposed guidance for implementing the Federal Flood Risk Management Standard (FFRMS).

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56558-56559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19809]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 9

[Docket ID FEMA-2015-0006]


Guidance for Implementing the Federal Flood Risk Management 
Standard

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting 
comments on the proposed guidance for implementing the Federal Flood 
Risk Management Standard (FFRMS).

DATES: Comments must be received by October 21, 2016.

ADDRESSES: Comments must be identified by Docket ID: FEMA-2015-0006 and 
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Regulatory Affairs Division, Office of the Chief Counsel, 
Federal Emergency Management Agency, Room 8NE-1604, 500 C Street SW., 
Washington, DC 20472-3100.
    The proposed guidance may be found at http://www.regulations.gov, 
using Docket ID FEMA-2015-0006. Members of the public without internet 
access may request a copy of the policy from using the information in 
the FOR FURTHER INFORMATION CONTACT section of this notice.

FOR FURTHER INFORMATION CONTACT: Kristin Fontenot, Director, Office of 
Environmental Planning and Historic Preservation, Federal Insurance and 
Mitigation Administration, DHS/FEMA, 400 C Street SW., Suite 313,

[[Page 56559]]

Washington, DC 20472-3020, 202-646-2741.

SUPPLEMENTARY INFORMATION: FEMA is separately publishing in this issue 
of the Federal Register a notice of proposed rulemaking that proposes 
revisions to 44 CFR part 9, Floodplain Management and Protection of 
Wetlands. As proposed, the notice of proposed rulemaking would revise 
44 CFR part 9 to implement the Federal Flood Risk Management Standard 
(FFRMS). FEMA is proposing to issue a policy supplementary to the 
proposed changes to 44 CFR part 9, to provide further guidance on how 
FEMA intends to implement the FFRMS.
    If finalized as proposed, the policy would provide specific 
guidelines to implement the FFRMS for FEMA Federally Funded Projects, 
which are actions involving the use of FEMA funds for new construction, 
substantial improvement, or to address substantial damage to a 
structure or facility. The policy would select the use of the FFRMS-
Freeboard Value Approach to establish the elevation and FFRMS 
floodplain for FEMA Federally Funded Projects that are non-critical 
actions. For FEMA Federally Funded Projects that are critical actions, 
the policy would select the use of the FFRMS-Freeboard Value Approach 
to establish the minimum FFRMS elevation and floodplain for critical 
actions. The policy would allow optional use of the FFRMS-Climate-
Informed Science Approach to establish the elevation and FFRMS 
floodplain for critical actions, but only if the elevation established 
under the FFRMS-Climate-Informed Science Approach is higher than the 
elevation established under the FFRMS-Freeboard Value Approach. The 
policy would also encourage early coordination when multiple Federal 
agencies are jointly engaged in an action to ensure a consistent 
approach to determine which floodplain determination is applied.

    Authority: Executive Order 11988, Floodplain Management, as 
amended and implementing regulations at 44 CFR part 9.

    Dated: August 15, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-19809 Filed 8-19-16; 8:45 am]
 BILLING CODE 9111-66-P

56558 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules

for SSM periods or affirmative defense Federal regulations. 42 U.S.C. 7410(k); List of Subjects in 40 CFR Part 52
provisions. 40 CFR 52.02(a). Thus, in reviewing SIP Environmental protection, Air
submissions, EPA’s role is to approve pollution control, Carbon monoxide,
III. Proposed Action
state choices, provided that they meet Incorporation by reference,
EPA is proposing to approve, and the criteria of the Clean Air Act.
incorporate into the New Hampshire Intergovernmental relations, Lead,
Accordingly, this proposed action Nitrogen dioxide, Ozone, Particulate
SIP, four regulations and part of one merely approves state law as meeting
regulation, except for affirmative matter, Reporting and recordkeeping
Federal requirements and does not requirements, Sulfur oxides, Volatile
defense provisions in two of the impose additional requirements beyond
regulations which NH DES has organic compounds.
those imposed by state law. For that
withdrawn. The four regulations reason, this proposed action: Dated: August 9, 2016.
include one regulation submitted by the • Is not a significant regulatory action H. Curtis Spalding,
State of New Hampshire on March 31, subject to review by the Office of Regional Administrator, EPA New England.
2011, Sand and Gravel Sources; Non- Management and Budget under [FR Doc. 2016–19869 Filed 8–19–16; 8:45 am]
Metallic Mineral Processing Plants; Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
Cement and Concrete Sources (Env-A October 4, 1993) and 13563 (76 FR 3821,
2800), effective October 1, 2010; and January 21, 2011);
three regulations submitted on July 23,
2013, Particulate Matter and Visible • Does not impose an information DEPARTMENT OF HOMELAND
collection burden under the provisions SECURITY
Emissions Standards (Env-A 2100),
effective April 23, 2013; Ferrous and of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); Federal Emergency Management
Non-Ferrous Foundries, Smelters, and Agency
Investment Casting Operations (Env-A • Is certified as not having a
2400), effective April 23, 2013; and Hot significant economic impact on a
substantial number of small entities 44 CFR Part 9
Mix Asphalt Plants (Env-A 2700),
effective February 16, 2013. As noted under the Regulatory Flexibility Act (5 [Docket ID FEMA–2015–0006]
earlier, the affirmative defense U.S.C. 601 et seq.);
• Does not contain any unfunded Guidance for Implementing the Federal
provisions, which NH DES has
mandate or significantly or uniquely Flood Risk Management Standard
withdrawn from its SIP submittals, are
not included in this proposed approval affect small governments, as described AGENCY: Federal Emergency
action and are contained in state law in the Unfunded Mandates Reform Act Management Agency, DHS.
only in Env-A 2103.03 and 2405. EPA of 1995 (Public Law 104–4); ACTION: Notice of availability; request
is also proposing to approve Env-A 807 • Does not have Federalism for comments.
(‘‘Testing for Opacity of Emissions’’), implications as specified in Executive
effective October 31, 2002. Order 13132 (64 FR 43255, August 10, SUMMARY: The Federal Emergency
EPA is soliciting public comments on 1999); Management Agency (FEMA) is
the issues discussed in this proposal or • Is not an economically significant accepting comments on the proposed
on other relevant matters. These regulatory action based on health or guidance for implementing the Federal
comments will be considered before safety risks subject to Executive Order Flood Risk Management Standard
EPA takes final action. Interested parties 13045 (62 FR 19885, April 23, 1997); (FFRMS).
may participate in the Federal • Is not a significant regulatory action DATES: Comments must be received by
rulemaking procedure by submitting subject to Executive Order 13211 (66 FR October 21, 2016.
comments to this proposed rule by 28355, May 22, 2001); ADDRESSES: Comments must be
following the instructions listed in the • Is not subject to requirements of identified by Docket ID: FEMA–2015–
ADDRESSES section of this Federal Section 12(d) of the National 0006 and may be submitted by one of
Register. Technology Transfer and Advancement the following methods:
IV. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because Federal eRulemaking Portal: http://
In this rule, the EPA is proposing to application of those requirements would www.regulations.gov. Follow the
include in a final EPA rule regulatory be inconsistent with the Clean Air Act; instructions for submitting comments.
text that includes incorporation by and Mail: Regulatory Affairs Division,
reference. In accordance with • Does not provide EPA with the Office of the Chief Counsel, Federal
requirements of 1 CFR 51.5, the EPA is discretionary authority to address, as Emergency Management Agency, Room
proposing to incorporate by reference appropriate, disproportionate human 8NE–1604, 500 C Street SW.,
the New Hampshire Code of health or environmental effects, using Washington, DC 20472–3100.
Administrative Rules stated in section practicable and legally permissible The proposed guidance may be found
III above. The EPA has made, and will methods, under Executive Order 12898 at http://www.regulations.gov, using
continue to make, these documents (59 FR 7629, February 16, 1994). Docket ID FEMA–2015–0006. Members
generally available electronically In addition, the SIP is not approved of the public without internet access
through http://www.regulations.gov to apply on any Indian reservation land may request a copy of the policy from
and/or in hard copy at the appropriate or in any other area where EPA or an using the information in the FOR
Indian tribe has demonstrated that a FURTHER INFORMATION CONTACT section of
Lhorne on DSK30JT082PROD with PROPOSALS

EPA office.
tribe has jurisdiction. In those areas of this notice.
V. Statutory and Executive Order Indian country, the rule does not have FOR FURTHER INFORMATION CONTACT:
Reviews tribal implications and will not impose Kristin Fontenot, Director, Office of
Under the Clean Air Act, the substantial direct costs on tribal Environmental Planning and Historic
Administrator is required to approve a governments or preempt tribal law as Preservation, Federal Insurance and
SIP submission that complies with the specified by Executive Order 13175 (65 Mitigation Administration, DHS/FEMA,
provisions of the Act and applicable FR 67249, November 9, 2000). 400 C Street SW., Suite 313,

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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 56559

Washington, DC 20472–3020, 202–646– FEDERAL MARITIME COMMISSION demonstrates that the information is a
2741. trade secret or other confidential
46 CFR Parts 530 and 531 research, development, or commercial
SUPPLEMENTARY INFORMATION: FEMA is information.
separately publishing in this issue of the [Docket No. 16–05]
• A confidential copy of your
Federal Register a notice of proposed RIN 3072–AC53 comments, consisting of the complete
rulemaking that proposes revisions to 44 filing with a cover page marked
CFR part 9, Floodplain Management and Amendments to Regulations ‘‘Confidential-Restricted,’’ and the
Protection of Wetlands. As proposed, Governing Service Contracts and confidential material clearly marked on
the notice of proposed rulemaking NVOCC Service Arrangements each page. You should submit the
would revise 44 CFR part 9 to AGENCY: Federal Maritime Commission. confidential copy to the Commission by
implement the Federal Flood Risk ACTION: Notice of Proposed Rulemaking. mail.
Management Standard (FFRMS). FEMA • A public version of your comments
is proposing to issue a policy SUMMARY: The Federal Maritime with the confidential information
supplementary to the proposed changes Commission (FMC or Commission) excluded. The public version must state
to 44 CFR part 9, to provide further proposes to amend its rules governing ‘‘Public Version—confidential materials
guidance on how FEMA intends to Service Contracts and NVOCC Service excluded’’ on the cover page and on
implement the FFRMS. Arrangements. The proposed rule is each affected page, and must clearly
intended to update, modernize, and indicate any information withheld. You
If finalized as proposed, the policy
reduce the regulatory burden. may submit the public version to the
would provide specific guidelines to
DATES: Submit comments on or before Commission by email or mail.
implement the FFRMS for FEMA
September 23, 2016. In compliance with FOR FURTHER INFORMATION CONTACT: For
Federally Funded Projects, which are
the Paperwork Reduction Act, the questions regarding submitting
actions involving the use of FEMA
Commission is also seeking comment on comments or the treatment of
funds for new construction, substantial
revisions to an information collection. confidential information, contact Karen
improvement, or to address substantial See the Paperwork Reduction Act V. Gregory, Secretary. Phone: (202) 523–
damage to a structure or facility. The section under Regulatory Analyses and 5725. Email: secretary@fmc.gov. For
policy would select the use of the Notices below. Please submit all technical questions, contact Florence A.
FFRMS-Freeboard Value Approach to comments relating to the revised Carr, Director, Bureau of Trade
establish the elevation and FFRMS information collection to the Analysis. Phone: (202) 523–5796. Email:
floodplain for FEMA Federally Funded Commission and to the Office of tradeanalysis@fmc.gov. For legal
Projects that are non-critical actions. For Management and Budget (OMB) at the questions, contact Tyler J. Wood,
FEMA Federally Funded Projects that address listed in the ADDRESSES section General Counsel. Phone: (202) 523–
are critical actions, the policy would on or before October 24, 2016. 5740. Email: generalcounsel@fmc.gov.
select the use of the FFRMS-Freeboard Comments to OMB are most useful if SUPPLEMENTARY INFORMATION:
Value Approach to establish the submitted within 30 days of
minimum FFRMS elevation and publication. I. Background
floodplain for critical actions. The ADDRESSES: You may submit comments In 1984, Congress passed the
policy would allow optional use of the by the following methods: Shipping Act of 1984 (the Shipping Act
FFRMS-Climate-Informed Science • Email: secretary@fmc.gov. Include or the Act). 46 U.S.C. 40101 et seq.,
Approach to establish the elevation and in the subject line: ‘‘Docket 16–05, which introduced the concept of
FFRMS floodplain for critical actions, [Commentor/Company name].’’ carriage under service contracts with the
but only if the elevation established Comments should be attached to the Federal Maritime Commission
under the FFRMS-Climate-Informed email as a Microsoft Word or text- (Commission or FMC). The pricing of
Science Approach is higher than the searchable PDF document. Only non- liner services via negotiated contracts,
elevation established under the FFRMS- confidential and public versions of rather than exclusively by public tariffs,
Freeboard Value Approach. The policy confidential comments should be was a change that had profound effects
would also encourage early submitted by email. on the liner industry. FMC regulations
coordination when multiple Federal • Mail: Karen V. Gregory, Secretary, require all ocean freight rates,
agencies are jointly engaged in an action Federal Maritime Commission, 800 surcharges, and accessorial charges in
North Capitol Street NW., Washington, liner trades to be published in ocean
to ensure a consistent approach to
DC 20573–0001. common carrier tariffs or agreed to in
determine which floodplain
Docket: For access to the docket to service contracts filed with the
determination is applied. Commission. Contemporaneous with
read background documents or
Authority: Executive Order 11988, comments received, go to the the filing of service contracts, carriers
Floodplain Management, as amended and Commission’s Electronic Reading Room are also required to make available to
implementing regulations at 44 CFR part 9. at: http://www.fmc.gov/16–05. the public a concise statement of
Dated: August 15, 2016. Confidential Information: The essential terms in tariff format.
Commission will provide confidential In 1998, Congress passed the Ocean
W. Craig Fugate,
treatment for identified confidential Shipping Reform Act (OSRA), amending
Administrator, Federal Emergency the Shipping Act of 1984 relating to
information to the extent allowed by
Lhorne on DSK30JT082PROD with PROPOSALS

Management Agency.
law. If your comments contain service contracts. To facilitate
[FR Doc. 2016–19809 Filed 8–19–16; 8:45 am] compliance and minimize the filing
confidential information, you must
BILLING CODE 9111–66–P submit the following: burdens on the oceanborne commerce of
• A transmittal letter requesting the United States, service contracts and
confidential treatment that identifies the amendments effective after April 30,
specific information in the comments 1999, are required by FMC regulations
for which protection is sought and to be filed with the Commission in

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Document Created: 2018-02-09 11:37:43
Document Modified: 2018-02-09 11:37:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of availability; request for comments.
Dates		Comments must be received by October 21, 2016.
Contact		Kristin Fontenot, Director, Office of Environmental Planning and Historic Preservation, Federal Insurance and Mitigation Administration, DHS/FEMA, 400 C Street SW., Suite 313, Washington, DC 20472-3020, 202-646-2741.
FR Citation		81 FR 56558

81 FR 56558 - Guidance for Implementing the Federal Flood Risk Management Standard

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 81, Issue 162 (August 22, 2016)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency