82 FR 17023 - National Flood Insurance Program Nationwide Programmatic Environmental Impact Statement

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range		17023-17025
FR Document		2017-06671

The Federal Emergency Management Agency (FEMA) has prepared a draft nationwide programmatic environmental impact statement (NPEIS) evaluating the environmental impacts of proposed modifications to the National Flood Insurance Program (NFIP). This Draft NPEIS includes an evaluation of the potential impacts to the natural and human environment associated with the NFIP at a nationwide programmatic level, as well as an evaluation of impacts of alternative proposals to modify the NFIP. Public meetings and public outreach opportunities will be held during the comment period on the Draft NPEIS. The Draft NPEIS is available for download at www.regulations.gov under Docket ID FEMA- 2012-0012.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17023-17025]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06671]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0012]


National Flood Insurance Program Nationwide Programmatic 
Environmental Impact Statement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability of a draft nationwide programmatic 
environmental impact statement and notice of public meetings.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has prepared a 
draft nationwide programmatic environmental impact statement (NPEIS) 
evaluating the environmental impacts of proposed modifications to the 
National Flood Insurance Program (NFIP). This Draft NPEIS includes an 
evaluation of the potential impacts to the natural and human 
environment associated with the NFIP at a nationwide programmatic 
level, as well as an evaluation of impacts of alternative proposals to 
modify the NFIP. Public meetings and public outreach opportunities will 
be held during the comment period on the Draft NPEIS. The Draft NPEIS 
is available for download at www.regulations.gov under Docket ID FEMA-
2012-0012.

DATES: FEMA will conduct public meetings and webinars on the Draft 
NPEIS. For information on the dates, times, and locations for the 
public meetings or to register for an online webinar, visit https://www.fema.gov/programmatic-environmental-impact-statement.
    The public comment period on the Draft NPEIS starts with a 
concurrent publication through the U.S. Environmental Protection Agency 
of a notice in the Federal Register and will continue until June 6, 
2017. FEMA will consider all comments recorded at the public meetings 
and all electronic and written comments on the Draft NPEIS received or 
postmarked by June 6, 2017. Agencies, interested parties, and the 
public are invited to submit comments on this Draft NPEIS at any time 
during the public comment period.

ADDRESSES: FEMA will hold public meetings to allow the public an 
opportunity to learn more about the project and to provide comments on 
the Draft NPEIS. In addition to the public meetings, FEMA has organized 
a series of online webinars. Similar to the in-person public meetings, 
during the webinars, FEMA will present information about the Draft 
NPEIS and accept comments on the Draft NPEIS. For information on the 
dates, times, and locations for the public meetings or to register for 
an online webinar, visit https://www.fema.gov/programmatic-environmental-impact-statement. You may submit comments, identified by 
Docket ID FEMA-2012-0012, using one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Search for 
Docket ID FEMA-2012-0012 and follow the instructions for submitting 
comments.
    Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of 
Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C St. SW., 
Washington, DC 20472.
    Instructions: All submissions received must include the FEMA Docket 
ID. Regardless of the method used for submitting comments or materials, 
all submissions will be publically available, become part of the public 
record, and may be printed in the Final NPEIS. Therefore, submitting 
this information makes it public. All personally identifiable 
information, such as name or address, voluntarily submitted by the 
commenter may be publicly accessible.

FOR FURTHER INFORMATION CONTACT: For more information on the NPEIS, 
contact Bret Gates, FEMA, Federal Insurance and Mitigation 
Administration, Floodplain Management Division, 400 C Street SW., 
Washington, DC 20472, or via email at [email protected], or by 
phone at 202-646-2780.

SUPPLEMENTARY INFORMATION: Flooding has been, and continues to be, a 
serious risk in the United States. To address the need, in 1968, 
Congress established the NFIP as a Federal program to provide access to 
federally backed flood insurance protection. The NFIP is a voluntary 
Federal program through which property owners in participating 
communities can purchase Federal flood insurance as a protection 
against flood losses. In exchange, communities must enact local 
floodplain management regulations to reduce flood risk and flood-
related damages. However, the power to regulate floodplain development, 
including requiring and approving permits, establishing permitting 
requirements, inspecting property, and citing violations, requires land 
use authority. The regulation of land use falls under the State's 
police powers, which the Constitution reserves to the States, and the 
States delegate this power down to their respective political 
subdivisions. FEMA has no direct

[[Page 17024]]

involvement in the administration of local floodplain management 
ordinances or in the permitting process for development in the 
floodplain.
    In addition to providing flood insurance and reducing flood damages 
through floodplain management, the NFIP identifies and maps the 
nation's floodplains. Maps depicting flood hazard information are used 
to promote broad-based awareness of flood hazards, provide data for 
rating flood insurance policies, and determine the appropriate minimum 
floodplain management criteria for flood hazard areas.
    On average, flooding continues to be the single greatest source of 
damage from natural hazards in the United States, causing about 82 
deaths and $8 billion in property damage annually. Today, more than 
22,000 communities participate in the NFIP, with more than 5.1 million 
flood insurance policies in effect, providing over $1.2 trillion in 
insurance coverage. The NFIP serves as the foundation for national 
efforts to reduce the loss of life and property from flood disaster. In 
2011, former FEMA Administrator Craig Fugate reported to the Senate 
Committee on Banking, Housing, and Urban Affairs that implementation of 
the NFIP minimum floodplain management requirements is estimated to 
save the nation about $1.7B annually through avoided flood losses.
    The proposed modifications to the NFIP are needed to (a) implement 
the legislative requirements of the Biggert-Waters Flood Insurance 
Reform Act of 2012 (BW-12) and the Homeowner Flood Insurance 
Affordability Act of 2014 (HFIAA); and (b) to demonstrate compliance 
with the Endangered Species Act (ESA). As stated in the draft NPEIS the 
need to implement the legislative requirements of BW-12 and HFIAA 
arises from the recent concerns over the fiscal soundness of the NFIP.
    This Draft NPEIS considers four alternatives and describes the 
potential environmental effects of each alternative. The four 
alternatives include:
     Alternative 1 (No Action)
     The No Action Alternative refers to the current 
implementation of the NFIP. The No Action Alternative is prescribed by 
Council on Environmental Quality regulations (40 CFR 1502.14(d)) and 
serves as a benchmark against which impacts of the alternatives can be 
evaluated.
     Alternative 2 (Legislatively Required Changes, Floodplain 
Management Criteria Guidance, and Letter of Map Change [LOMC] 
Clarification) (Preferred Alternative)
     Phase out of subsidies on certain pre-FIRM properties 
(non-primary residences, business properties, severe repetitive loss 
properties, substantially damaged or improved properties, and 
properties for which the cumulative claims payments exceed the fair 
market value of the property) at a rate of 25 percent premium increases 
per year.
     Phase out of subsidies on all other pre-FIRM properties 
through annual premium rate increases of an average rate of at least 5 
percent, but no more than 15 percent, per risk classification, with no 
individual policy exceeding an 18 percent premium rate increase.
     Implement a monthly installment plan payment option for 
non-escrowed flood insurance policies.
    [cir] Clarify that pursuant to 44 CFR 60.3(a)(2), a community must 
obtain and maintain documentation of compliance with the appropriate 
Federal or State laws, including the ESA, as a condition of issuing 
floodplain development permits.
    [cir] Clarify that the issuing of certain LOMC requests (i.e., map 
revisions) is contingent on the community, or the project proponent on 
the community's behalf, submitting documentation of compliance with the 
ESA.
    [cir] Alternative 3 (Legislatively Required Changes, Proposed ESA 
Regulatory Changes, and LOMC Clarification)
    [cir] Phase out of subsidies on certain pre-FIRM properties (non-
primary residences, business properties, severe repetitive loss 
properties, substantially damaged or improved properties, and 
properties for which the cumulative claims payments exceed the fair 
market value of the property) at a rate of 25 percent premium increases 
per year.
    [cir] Phase out of subsidies on all other pre-FIRM properties 
through annual premium rate increases of an average rate of at least 5 
percent, but no more than 15 percent, per risk classification, with no 
individual policy exceeding an 18 percent premium rate increase.
    [cir] Implement a monthly installment plan payment option for non-
escrowed flood insurance policies.
    [cir] Establish a new ESA-related performance standard in the 
minimum floodplain management criteria at 44 CFR 60.3 that would 
require communities to obtain and maintain documentation that any 
adverse impacts caused by proposed development, including fill, to ESA-
listed species and designated critical habitat will be mitigated to the 
maximum extent possible.
    [cir] Clarify that the exception to the no-rise performance 
standard in the floodway applies only to projects that serve a public 
purpose or result in the restoration of the natural and beneficial 
functions of floodplains.
    [cir] Increase the probation surcharge applicable to NFIP 
communities placed on probation from $50 to $100.
    [cir] Clarify that the issuance of certain LOMC requests (i.e., map 
revisions) is contingent on the community, or the project proponent on 
the community's behalf, submitting documentation of compliance with the 
ESA.
    [cir] Alternative 4 (Legislatively Required Changes, ESA Guidance, 
and LOMC Clarification)
    [cir] Phase out of subsidies on certain pre-FIRM properties (non-
primary residences, business properties, severe repetitive loss 
properties, substantially damaged or improved properties, and 
properties for which the cumulative claims payments exceed the fair 
market value of the property) at a rate of 25 percent premium increases 
per year.
    [cir] Phase out of subsidies on all other pre-FIRM properties 
through annual premium rate increases of an average rate of at least 5 
percent, but no more than 15 percent, per risk classification, with no 
individual policy exceeding an 18 percent premium rate increase.
    [cir] Implement a monthly installment plan payment option for non-
escrowed flood insurance policies.
    [cir] Utilize the existing performance standard in 44 CFR 
60.3(a)(2) to implement a new policy/procedure requiring communities to 
ensure that, for any floodplain development for which a floodplain 
development permit is sought, the impacts to ESA-listed species and 
designated critical habitat are identified and assessed and, if there 
are any potential adverse impacts to such species and habitat as a 
result of such development, that the community obtain and maintain 
documentation that the proposed floodplain development will be 
undertaken in compliance with the ESA.
     Clarify that the issuance of certain LOMC requests (i.e., 
map revisions) is contingent on the community, or the project proponent 
on the community's behalf, submitting documentation of compliance with 
the ESA.

Public Involvement and Comments

    During the public comment period, FEMA will host several in-person 
public meetings and online webinars to receive comments on the Draft 
NPEIS. Public meetings will include an overview presentation and an 
opportunity for the public to present oral comments or submit written 
comments on the Draft NPEIS. Meeting locations and times are listed 
under the project Web site https://www.fema.gov/programmatic-environmental-impact-statement.

[[Page 17025]]

    Speakers will be asked to provide brief comments to allow adequate 
time to hear all comments. Should any speaker desire to provide further 
information for the record that cannot be presented within the 
designated time, such additional information may be submitted at the 
meeting, electronically, or by letter at the address provided on this 
notice by June 6, 2017. Speakers are encouraged to provide a written 
version of their oral comments at the in person meetings to ensure that 
their comments are completely and accurately recorded.
    FEMA requests that reviewers provide specific information and 
comments on factual errors, missing information, or additional 
considerations that should be corrected or included in the Final NPEIS. 
Comments on the Draft NPEIS should be as specific as possible and 
address the adequacy of the NPEIS or the merits of the alternatives 
discussed (40 CFR 1503.3).
    Individual respondents may request confidentiality. The names, 
street addresses, and city or town information of those providing 
comments will be part of the administrative record, and will be subject 
to public disclosure unless confidentiality is requested. Such a 
request must be stated prominently at the beginning of the comment. We 
will honor requests to the extent allowed by law. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be available for public inspection in their entirety, 
consistent with applicable law.
    Comments submitted during this public comment period will be 
considered in preparation of a Final NPEIS and used by FEMA in its 
decision-making process for the Federal action. After gathering public 
comments, FEMA will review and provide responses in the Final NPEIS 
according to 40 CFR 1503.4. A Record of Decision addressing the Federal 
action will be issued by FEMA no sooner than 30 days following the 
distribution of the Final NPEIS.

    Authority:  42 U.S.C. 4331 et seq,; 40 CFR part 1500; FEMA 
Instruction 108-1-1.

    Dated: March 29, 2017.
Robert Fenton,
Senior Official Performing the Duties of the Administrator, Federal 
Emergency Management Agency.
[FR Doc. 2017-06671 Filed 4-6-17; 8:45 am]
 BILLING CODE 9111-A6-P

Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices 17025

Speakers will be asked to provide DEPARTMENT OF HOMELAND This includes mapping standards and
brief comments to allow adequate time SECURITY guidelines, performance metrics and
to hear all comments. Should any milestones, map maintenance,
speaker desire to provide further Federal Emergency Management interagency and intergovernmental
information for the record that cannot Agency coordination, map accuracy, funding
be presented within the designated [Docket ID FEMA–2014–0022] strategies, and other mapping-related
time, such additional information may issues and activities. In addition, the
be submitted at the meeting, Technical Mapping Advisory Council TMAC is required to submit an annual
electronically, or by letter at the address report to the FEMA Administrator that
AGENCY: Federal Emergency contains: (1) A description of the
provided on this notice by June 6, 2017. Management Agency, DHS. activities of the Council; (2) an
Speakers are encouraged to provide a
ACTION: Committee Management; evaluation of the status and
written version of their oral comments Request for Applicants for Appointment performance of flood insurance rate
at the in person meetings to ensure that to the Federal Emergency Management maps and mapping activities to revise
their comments are completely and Agency’s Technical Mapping Advisory and update Flood Insurance Rate Maps;
accurately recorded. Council. and (3) a summary of recommendations
FEMA requests that reviewers provide made by the Council to the FEMA
specific information and comments on SUMMARY: The Federal Emergency Administrator.
factual errors, missing information, or Management Agency (FEMA) is Members of the TMAC will be
additional considerations that should be requesting qualified individuals appointed based on their demonstrated
interested in serving on the Technical knowledge and competence regarding
corrected or included in the Final
Mapping Advisory Council (TMAC) to surveying, cartography, remote sensing,
NPEIS. Comments on the Draft NPEIS
apply for appointment. As provided for geographic information systems, or the
should be as specific as possible and
in the Biggert-Waters Flood Insurance technical aspects of preparing and using
address the adequacy of the NPEIS or Reform Act of 2012, the TMAC makes FIRMs. To the maximum extent
the merits of the alternatives discussed recommendations to the FEMA practicable, FEMA will ensure that
(40 CFR 1503.3). Administrator on how to improve, in a membership of the TMAC has a balance
Individual respondents may request cost-effective manner, the accuracy, of Federal, State, local, Tribal, and
confidentiality. The names, street general quality, ease of use, and private members, and includes
addresses, and city or town information distribution and dissemination of flood geographic diversity.
of those providing comments will be insurance rate maps (FIRMs) and risk FEMA is requesting qualified
part of the administrative record, and data; and performance metrics and individuals who are interested in
will be subject to public disclosure milestones required to effectively and serving on the TMAC to apply for
unless confidentiality is requested. Such efficiently map flood risk areas in the appointment. Applicants will be
a request must be stated prominently at United States. Applicants will be considered for appointment for four
the beginning of the comment. We will considered for appointment for the four vacancies on the TMAC, the terms of
honor requests to the extent allowed by vacancies on the TMAC. which start on October 1, 2017. Certain
DATES: Applications will be accepted members of the TMAC, as described
law. All submissions from organizations
until 11:59 p.m. EST on April 24, 2017. below, will be appointed to serve as
or businesses, and from individuals
ADDRESSES: Applications for
Special Government Employees (SGE)
identifying themselves as
membership should be submitted by as defined in section 202(a) of title 18
representatives or officials of United States Code. Candidates selected
organizations or businesses, will be one of the following methods:
• Email: FEMA-TMAC@fema.dhs.gov. for appointment as SGEs are required to
available for public inspection in their complete a Confidential Financial
entirety, consistent with applicable law. • Mail: FEMA, Federal Insurance and
Mitigation Administration, Risk Disclosure Form (Office of Government
Comments submitted during this Management Directorate, Attn: Mark Ethics (OGE) Form 450). This form can
public comment period will be Crowell, 400 C Street SW., Suite 313, be obtained by visiting the Web site of
considered in preparation of a Final Washington, DC 20472–3020. the Office of Government Ethics (http://
NPEIS and used by FEMA in its www.oge.gov). Please do not submit this
FOR FURTHER INFORMATION CONTACT:
decision-making process for the Federal form with your application. Qualified
Mark Crowell (Designated Federal
action. After gathering public applicants will be considered for one or
Officer for the TMAC); FEMA, Federal
comments, FEMA will review and more of the following membership
Insurance and Mitigation
provide responses in the Final NPEIS categories with vacancies:
Administration, Risk Management a. One representative of a State
according to 40 CFR 1503.4. A Record Directorate, 400 C Street SW., Suite 313, government agency that has entered into
of Decision addressing the Federal Washington, DC 20472–3020; telephone: a cooperating technical partnership with
action will be issued by FEMA no (202) 646–3432; and email: FEMA- the FEMA Administrator and has
sooner than 30 days following the TMAC@fema.dhs.gov. The TMAC Web demonstrated the capability to produce
distribution of the Final NPEIS. site is: http://www.fema.gov/TMAC. FIRMs;
Authority: 42 U.S.C. 4331 et seq,; 40 CFR SUPPLEMENTARY INFORMATION: The b. One member (SGE) of a recognized
part 1500; FEMA Instruction 108–1–1. TMAC is an advisory committee that professional association or organization
was established by the Biggert-Waters representing flood hazard determination
nlaroche on DSK30NT082PROD with NOTICES

Dated: March 29, 2017.
Flood Insurance Reform Act of 2012, 42 firms; and
Robert Fenton, U.S.C. 4101a, and in accordance with c. One representative of a recognized
Senior Official Performing the Duties of the provisions of the Federal Advisory professional association or organization
Administrator, Federal Emergency Committee Act (FACA), 5 U.S.C. App. representing State geographic
Management Agency. (Pub. L. 92–463). The TMAC is required information.
[FR Doc. 2017–06671 Filed 4–6–17; 8:45 am] to make recommendations to FEMA on Members of the TMAC serve terms of
BILLING CODE 9111–A6–P mapping-related issues and activities. office for two years. There is no

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Document Created: 2017-04-06 23:49:33
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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		Notices
Action		Notice of availability of a draft nationwide programmatic environmental impact statement and notice of public meetings.
Dates		FEMA will conduct public meetings and webinars on the Draft NPEIS. For information on the dates, times, and locations for the public meetings or to register for an online webinar, visit https:// www.fema.gov/programmatic-environmental-impact-statement.
Contact		For more information on the NPEIS, contact Bret Gates, FEMA, Federal Insurance and Mitigation Administration, Floodplain Management Division, 400 C Street SW., Washington, DC 20472, or via email at [email protected], or by phone at 202-646-2780.
FR Citation		82 FR 17023

82 FR 17023 - National Flood Insurance Program Nationwide Programmatic Environmental Impact Statement

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 82, Issue 66 (April 7, 2017)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency