81_FR_91392 81 FR 91150 - Implementation of Executive Orders on Floodplain Management and Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input

81 FR 91150 - Implementation of Executive Orders on Floodplain Management and Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91150-91151
FR Document2016-30240

The U.S. Army Corps of Engineers (USACE) has developed draft internal agency implementation guidance for the Executive Order on Floodplain Management to incorporate the new requirements of the Executive Order on Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input. USACE is seeking feedback from partners, other government and non-government stakeholders, Tribes, and members of the general public on the proposed draft guidance that has been developed.

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016) 
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91150-91151]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30240]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Implementation of Executive Orders on Floodplain Management and 
Establishing a Federal Flood Risk Management Standard and a Process for 
Further Soliciting and Considering Stakeholder Input

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: The U.S. Army Corps of Engineers (USACE) has developed draft 
internal agency implementation guidance for the Executive Order on 
Floodplain Management to incorporate the new requirements of the 
Executive Order on Establishing a Federal Flood Risk Management 
Standard and a Process for Further Soliciting and Considering 
Stakeholder Input. USACE is seeking feedback from partners, other 
government and non-government stakeholders, Tribes, and members of the 
general public on the proposed draft guidance that has been developed.

DATES: Comments must be submitted on or before January 30, 2017.

ADDRESSES: 
    Email: [email protected] and include ``Implementation 
Comments'', in the subject line of the message.
    Mail: HQ, U.S. Army Corps of Engineers, ATTN: EO13690/CECW-HS/3G68, 
441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.

FOR FURTHER INFORMATION CONTACT: Dr. Stephanie Bray, Headquarters, 
Office of Homeland Security, Washington, DC at 202-761-4827.

SUPPLEMENTARY INFORMATION: Executive Order 11988, Floodplain 
Management, was issued in 1977 and directed agencies to avoid to the 
extent possible the long and short-term adverse impacts associated with 
the occupancy and modification of floodplains and to avoid direct and 
indirect support of floodplain development wherever there is a 
practicable alternative. EO 11988 applied to Federal agencies carrying 
out its responsibilities for:
     Acquiring, managing, and disposing of federal lands and 
facilities;
     Providing federally-undertaken, financed, or assisted 
construction and improvements;
     Conducting federal activities and programs affecting land 
use, including but not limited to water and related land resources 
planning, regulation, and licensing activities.
    It required agencies performing federal actions in the base 
floodplain (floodplain associated with the 1 percent annual chance 
(also known as 1 percent annual exceedance probability) flood) to do 
the following:
    1. Determine if a proposed action is in the base floodplain (that 
area which has a one percent or greater chance of flooding in any given 
year).
    2. Conduct early public review, including public notice.

[[Page 91151]]

    3. Identify and evaluate practicable alternatives to locating in 
the base floodplain, including alternative sites outside of the 
floodplain.
    4. Identify impacts of the proposed action.
    5. If impacts cannot be avoided, develop measures to minimize the 
impacts and restore and preserve the floodplain, as appropriate.
    6. Reevaluate alternatives.
    7. Present the findings and a public explanation.
    8. Implement the action.
    Following issuance of EO 11988 and the corresponding interagency 
Implementing Guidelines, USACE developed Engineering Regulation (ER) 
1165-2-26 for interpreting and implementing the requirements of EO 
11988. The regulation applies to all field operating activities having 
Civil Works responsibilities, with the exception of the Regulatory 
Program which implements EO 11988 through its regulations. Section 14 
of ER 1165-2-26 explains how EO 11988 applies to specific Civil Works 
programs.
    On January 30, 2015, the White House issued Executive Order 13690--
Establishing a Federal Flood Risk Management Standard and a Process for 
Further Soliciting and Considering Public Input. EO 13690 and the 
Federal Flood Risk Management Standard (FFRMS), implemented through 
guidelines established by the Water Resources Council (``Implementing 
Guidelines''), updated EO 11988 to include the following:
     Requires the use of an expanded floodplain for some 
actions that are federal investments.
     Requires that the elevation and horizontal extent of the 
expanded floodplain be determined using one of three approaches: The 
climate-informed science approach, the freeboard value approach, and 
the 500-year flood elevation approach.
     Requires agencies to use natural and nature based 
approaches, where possible.
     Establishes higher standards for critical actions.
    USACE established a Product Development Team (PDT) to investigate 
what impacts EO 13690 and the FFRMS would have on its policies and 
programs and, in particular, to develop revised implementation guidance 
for EO 11988, as amended. A draft Engineer Circular (EC) that will 
ultimately rescind ER 1165-2-26 has been developed to provide 
overarching guidance for the implementation of EO 11988, as amended. 
The EC will expire two years from issuance, which will provide USACE 
time to evaluate the guidance provided, consider initial implementation 
experience to identify any necessary clarifications or changes, and 
incorporate any changes introduced by the reassessment of the FFRMS 
required by EO 13690. After two years, the EC will either be revised 
and reissued or converted to an ER, which does not expire and is more 
permanent agency guidance.
    The draft EC is intended to provide overarching guidance to all 
USACE Civil Works mission areas. As such, it does not provide extensive 
detail about how the requirements will be implemented within specific 
program areas or activities; instead it establishes intended 
implementation principles that will be clarified in greater detail in 
individual program specific guidance documents, to be developed or 
revised at a later date. Generally, the new requirements will be 
incorporated into specific guidance documents as they are updated 
through the agency's regular process and schedule, unless a new 
guidance document needs to be prepared to address some aspect of 
implementation of the requirements. USACE now invites review and 
comment from our partners and stakeholders on the proposed 
implementation guidance contained within the draft EC.

Instructions for Providing Comments Online

    USACE is requesting assistance in the form of data, comments, 
literature references, or field experiences, to help clarify the policy 
requirements for implementing EO 11988 and EO 13690 for agency 
activities. The draft EC is available for review on the USACE EO 13690 
Implementation Web site (http://www.iwr.usace.army.mil/Missions/FloodRiskManagement/FloodRiskManagementProgram/AbouttheProgram/PolicyandGuidance/FederalFloodRiskManagementStandard.aspx). An 
Executive Summary of the draft EC is also available on the Web site to 
provide a high-level overview of the document and summary of the more 
substantial changes since the original 1984 ER. Additionally, a list of 
topics and issues for which feedback would be especially helpful is 
posted for reviewer's consideration. While USACE welcomes any and all 
feedback on the draft EC, feedback responding to the list of identified 
topics and issues will be particularly helpful to USACE in clarifying 
areas requiring new policy or practice. The most useful comments are 
from specific experiences and case examples. Commenters should use 
their knowledge of working with USACE on various types of federal 
actions as well as their understanding of EO 11988 and EO 13690. When 
comments are being made on specific sections of the document, USACE 
requests that commenters identify the relevant page and line numbers to 
which the comment applies.
    All comments, literature citations, experiential references, data, 
other relevant reports, and input in response to the guiding topics and 
issues are being accepted through email, or through the postal service. 
All comments submitted by the date identified above will be compiled 
and sent to the PDT for their consideration.

Future Actions

    Feedback and comments provided in response to this notice will be 
considered and the draft EC will be updated as appropriate. When the 
final EC is published, a notice will be placed in the Federal Register 
and on the USACE EO 13690 Implementation Web site, and the document 
itself will be made available through the USACE publications Web site 
(http://www.publications.usace.army.mil/).

    Dated: December 12, 2016.
Karen Durham-Aguilera,
Director of Contingency, Operations and Homeland Security.
[FR Doc. 2016-30240 Filed 12-15-16; 8:45 am]
 BILLING CODE 3720-58-P

91150 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices (viii) Date Report Delivered to urban structures, field fortifications and SUMMARY: The U.S. Army Corps of Congress: December 7, 2016. other such targets. TOW missiles are Engineers (USACE) has developed draft * as defined in Section 47(6) of the fired from a variety of TOW launchers internal agency implementation Arms Export Control Act. in the U .S. Army, USMC, and FMS guidance for the Executive Order on customer forces. The TOW 2A RF Floodplain Management to incorporate POLICY JUSTIFICATION missile can be launched from the same the new requirements of the Executive Government of Morocco—Radio launcher platforms as the existing wire- Order on Establishing a Federal Flood Frequency (RF) TOW 2A, Radio guided TOW 2A missile without Risk Management Standard and a Frequency (RF) Missile (BGM–71–4B–RF modification to the launcher. The TOW Process for Further Soliciting and and Support) 2A missile (both wire & RF) contains Considering Stakeholder Input. USACE The Government of Morocco has two trackers for the launcher to track is seeking feedback from partners, other requested a possible sale of one and guide the missile in flight. government and non-government thousand two-hundred (1,200) TOW 2A, Guidance commands from the launcher stakeholders, Tribes, and members of Radio Frequency (RF) Missiles (BGM– are provided to the missile by a RF link the general public on the proposed draft 71–4B–RF) and fourteen (14) TOW 2A, contained within the missile case. The guidance that has been developed. Radio Frequency (RF) Missiles (Fly-to- hardware, software, and technical DATES: Comments must be submitted on Buy Lot Acceptance Missiles). Also publications provided with the sale or before January 30, 2017. included with this request is U.S. thereof are UNCLASSIFIED. However, ADDRESSES: Government and contractor engineering, the system itself contains sensitive Email: USACE–EO11988@ technical and logistics support services; technology that instructs the system on usace.army.mil and include and other related elements of logistics how to operate in the presence of ‘‘Implementation Comments’’, in the and program support. The estimated countermeasures. subject line of the message. MDE sale is $101 million. The total 2. The highest level of classified Mail: HQ, U.S. Army Corps of estimated value is $108 million. information that must be disclosed in Engineers, ATTN: EO13690/CECW–HS/ This proposed sale will contribute to training to use the end item is 3G68, 441 G Street NW., Washington, the foreign policy and national security UNCLASSIFIED. The highest level of DC 20314–1000. of the United States by helping to classified information that must be Hand Delivery/Courier: Due to improve the security of a Major Non- disclosed in maintenance of the end security requirements, we cannot NATO Ally that continues to be an item is UNCLASSIFIED. The highest receive comments by hand delivery or important force for the political stability level of classified information that could courier. and economic progress in North Africa. be disclosed by sale of the end item is FOR FURTHER INFORMATION CONTACT: Dr. This proposed sale directly supports SECRET. The highest level of classified Stephanie Bray, Headquarters, Office of Morocco and serves the interests of the information that could be revealed by Homeland Security, Washington, DC at Moroccan people and the United States. testing the end item is SECRET. The 202–761–4827. The proposed sale of TOW 2A highest level of classified information SUPPLEMENTARY INFORMATION: Executive Missiles and technical support will that could be revealed by reverse Order 11988, Floodplain Management, advance Morocco’s efforts to develop an engineering of the end item is SECRET. was issued in 1977 and directed integrated ground defense capability. 3. If a technologically advanced agencies to avoid to the extent possible Morocco will have no difficulty adversary were to obtain knowledge of the long and short-term adverse impacts absorbing this equipment into its armed the specific hardware and software associated with the occupancy and forces. elements, the information could be used modification of floodplains and to avoid The proposed sale of this equipment to develop countermeasures that might direct and indirect support of floodplain and support will not alter the basic reduce weapon system effectiveness or development wherever there is a military balance in the region. be used in the development of a system practicable alternative. EO 11988 The principal contractors involved in with similar or advanced capabilities. applied to Federal agencies carrying out this program are: Raytheon Missile 4. All defense articles and services its responsibilities for: Systems, Tucson, Arizona. There are no listed in this transmittal have been • Acquiring, managing, and disposing known offset agreements proposed in authorized for release and export to the of federal lands and facilities; connection with this potential sale. Government of Morocco. • Providing federally-undertaken, Implementation of this proposed sale [FR Doc. 2016–30229 Filed 12–15–16; 8:45 am] financed, or assisted construction and will require the U.S. Government or BILLING CODE 5001–06–P improvements; contractor representatives to travel to • Conducting federal activities and Morocco. programs affecting land use, including There will be no adverse impact on DEPARTMENT OF DEFENSE but not limited to water and related land U.S. defense readiness as a result of this resources planning, regulation, and proposed sale. Department of the Army, Corps of licensing activities. Engineers It required agencies performing Transmittal No. 16–52 federal actions in the base floodplain Notice of Proposed Issuance of Letter of Implementation of Executive Orders on (floodplain associated with the 1 Offer Pursuant to Section 36(b)(1) of the Floodplain Management and percent annual chance (also known as 1 Arms Export Control Act, as Amended Establishing a Federal Flood Risk mstockstill on DSK3G9T082PROD with NOTICES percent annual exceedance probability) Management Standard and a Process Annex flood) to do the following: for Further Soliciting and Considering 1. Determine if a proposed action is in Item No. vii Stakeholder Input the base floodplain (that area which has (vii) Sensitivity of Technology: AGENCY: U.S. Army Corps of Engineers, a one percent or greater chance of 1. The Radio Frequency (RF) TOW 2A DoD. flooding in any given year). Missile (BGM–71E–4B–RF) is designed 2. Conduct early public review, ACTION: Notice. to defeat armored vehicles, reinforced including public notice. VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1

Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices 91151 3. Identify and evaluate practicable provided, consider initial as their understanding of EO 11988 and alternatives to locating in the base implementation experience to identify EO 13690. When comments are being floodplain, including alternative sites any necessary clarifications or changes, made on specific sections of the outside of the floodplain. and incorporate any changes introduced document, USACE requests that 4. Identify impacts of the proposed by the reassessment of the FFRMS commenters identify the relevant page action. required by EO 13690. After two years, and line numbers to which the comment 5. If impacts cannot be avoided, the EC will either be revised and applies. develop measures to minimize the reissued or converted to an ER, which All comments, literature citations, impacts and restore and preserve the does not expire and is more permanent experiential references, data, other floodplain, as appropriate. agency guidance. relevant reports, and input in response 6. Reevaluate alternatives. The draft EC is intended to provide to the guiding topics and issues are 7. Present the findings and a public overarching guidance to all USACE being accepted through email, or explanation. Civil Works mission areas. As such, it through the postal service. All 8. Implement the action. does not provide extensive detail about comments submitted by the date Following issuance of EO 11988 and how the requirements will be identified above will be compiled and the corresponding interagency implemented within specific program sent to the PDT for their consideration. Implementing Guidelines, USACE areas or activities; instead it establishes developed Engineering Regulation (ER) intended implementation principles Future Actions 1165–2–26 for interpreting and that will be clarified in greater detail in Feedback and comments provided in implementing the requirements of EO individual program specific guidance response to this notice will be 11988. The regulation applies to all field documents, to be developed or revised considered and the draft EC will be operating activities having Civil Works at a later date. Generally, the new updated as appropriate. When the final responsibilities, with the exception of requirements will be incorporated into EC is published, a notice will be placed the Regulatory Program which specific guidance documents as they are in the Federal Register and on the implements EO 11988 through its updated through the agency’s regular USACE EO 13690 Implementation Web regulations. Section 14 of ER 1165–2–26 process and schedule, unless a new site, and the document itself will be explains how EO 11988 applies to guidance document needs to be made available through the USACE specific Civil Works programs. prepared to address some aspect of publications Web site (http:// On January 30, 2015, the White House implementation of the requirements. www.publications.usace.army.mil/). issued Executive Order 13690— USACE now invites review and Dated: December 12, 2016. Establishing a Federal Flood Risk comment from our partners and Management Standard and a Process for Karen Durham-Aguilera, stakeholders on the proposed Further Soliciting and Considering implementation guidance contained Director of Contingency, Operations and Public Input. EO 13690 and the Federal within the draft EC. Homeland Security. Flood Risk Management Standard [FR Doc. 2016–30240 Filed 12–15–16; 8:45 am] (FFRMS), implemented through Instructions for Providing Comments BILLING CODE 3720–58–P guidelines established by the Water Online Resources Council (‘‘Implementing USACE is requesting assistance in the Guidelines’’), updated EO 11988 to form of data, comments, literature DEPARTMENT OF DEFENSE include the following: references, or field experiences, to help • Requires the use of an expanded clarify the policy requirements for Department of the Army, U.S. Army floodplain for some actions that are implementing EO 11988 and EO 13690 Corps of Engineers federal investments. for agency activities. The draft EC is Notice of Availability of the Draft • Requires that the elevation and available for review on the USACE EO Missouri River Recovery Management horizontal extent of the expanded 13690 Implementation Web site (http:// Plan and Environmental Impact floodplain be determined using one of www.iwr.usace.army.mil/Missions/ Statement three approaches: The climate-informed FloodRiskManagement/ science approach, the freeboard value FloodRiskManagementProgram/ AGENCY: Department of the Army, U.S. approach, and the 500-year flood AbouttheProgram/PolicyandGuidance/ Army Corps of Engineers, DoD. elevation approach. FederalFloodRiskManagement ACTION: Notice. • Requires agencies to use natural Standard.aspx). An Executive Summary and nature based approaches, where of the draft EC is also available on the SUMMARY: The Kansas City and Omaha possible. Web site to provide a high-level Districts of the U.S. Army Corps of • Establishes higher standards for overview of the document and summary Engineers (USACE), in cooperation with critical actions. of the more substantial changes since the U.S. Fish and Wildlife Service USACE established a Product the original 1984 ER. Additionally, a list (USFWS), have developed the Missouri Development Team (PDT) to investigate of topics and issues for which feedback River Recovery Management Plan and what impacts EO 13690 and the FFRMS would be especially helpful is posted Environmental Impact Statement would have on its policies and programs for reviewer’s consideration. While (MRRMP–EIS). This document is a and, in particular, to develop revised USACE welcomes any and all feedback programmatic assessment of (1) major implementation guidance for EO 11988, on the draft EC, feedback responding to federal actions necessary to avoid a as amended. A draft Engineer Circular the list of identified topics and issues finding of jeopardy to the pallid mstockstill on DSK3G9T082PROD with NOTICES (EC) that will ultimately rescind ER will be particularly helpful to USACE in sturgeon (Scaphirhynchus albus), 1165–2–26 has been developed to clarifying areas requiring new policy or interior least tern (Sterna antillarum provide overarching guidance for the practice. The most useful comments are athalassos), and the Northern Great implementation of EO 11988, as from specific experiences and case Plains piping plover (Charadrius amended. The EC will expire two years examples. Commenters should use their melodus) caused by operation of the from issuance, which will provide knowledge of working with USACE on Missouri River Mainstem and Kansas USACE time to evaluate the guidance various types of federal actions as well River Reservoir System and operation VerDate Sep<11>2014 18:42 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\16DEN1.SGM 16DEN1


Document Created: 2018-02-14 09:07:04
Document Modified: 2018-02-14 09:07:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before January 30, 2017.
ContactDr. Stephanie Bray, Headquarters, Office of Homeland Security, Washington, DC at 202-761-4827.
FR Citation81 FR 91150 
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