82 FR 51286 - National Flood Insurance Program Nationwide Programmatic Environmental Impact Statement

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range		51286-51288
FR Document		2017-23902

The Federal Emergency Management Agency (FEMA) announces the availability of a final Nationwide Programmatic Environmental Impact Statement (NPEIS) evaluating the environmental impacts of proposed modifications to the National Flood Insurance Program (NFIP). Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the Council on Environmental Quality's (CEQs) regulations for implementing the procedural provisions of NEPA, and FEMA's Directive 108-1 titled ``Environmental Planning and Historic Preservation Responsibilities and Program Requirements,'' FEMA has considered comments received on the NFIP Draft NPEIS, which was issued in April 2017, and identifies FEMA's preferred alternative in the NFIP Final NPEIS.

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51286-51288]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23902]


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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 final nationwide programmatic 
environmental impact statement.

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SUMMARY: The Federal Emergency Management Agency (FEMA) announces the 
availability of a final Nationwide Programmatic Environmental Impact 
Statement (NPEIS) evaluating the environmental impacts of proposed 
modifications to the National Flood Insurance Program (NFIP). Pursuant 
to the National Environmental Policy Act (NEPA) of 1969, as amended, 
the Council on Environmental Quality's (CEQs) regulations for 
implementing the procedural provisions of NEPA, and FEMA's Directive 
108-1 titled ``Environmental Planning and Historic Preservation 
Responsibilities and Program Requirements,'' FEMA has considered 
comments received on the NFIP Draft NPEIS, which was issued in April 
2017, and identifies FEMA's preferred alternative in the NFIP Final 
NPEIS.

DATES: FEMA will publish a Record of Decision no sooner than 30 days 
after the date of publication of the U.S. Environmental Protection 
Agency's Notice of Availability in the Federal Register.

ADDRESSES: Electronic versions of the NFIP Final NPEIS are available at 
the Federal eRulemaking Portal, http://www.regulations.gov by searching 
for Docket ID FEMA-2012-0012.

[[Page 51287]]


FOR FURTHER INFORMATION CONTACT: For more information on the NFIP Final 
NPEIS, contact Bret Gates, FEMA, Federal Insurance and Mitigation 
Administration, Floodplain Management Division, 400 C Street SW., 
Washington, DC 20472, or via email at Bret.Gates@fema.dhs.gov, 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 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.
    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 Final NPEIS considers four alternatives and describes the 
potential environmental effects of each alternative. The four 
alternatives include:
--Alternative 1 (No Action)
    [cir] 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)

    [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] 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.

--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.

--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.
    [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

[[Page 51288]]

behalf, submitting documentation of compliance with the ESA.
    Environmental topics addressed in the Final NPEIS include air 
quality, noise, land use and planning, geology and soils, water 
resources, biological resources, cultural resources, aesthetics/visual 
resources, infrastructure, socioeconomic resources, hazardous waste and 
materials, and climate change. Best management practices and mitigation 
measures that could alleviate environmental effects have been 
considered and are included where relevant within the Final NPEIS. The 
proposed alternatives do not have natural or depletable resource 
requirements because they are changes in policy or regulation that do 
not involve any physical activities for which resources would be 
required. For these alternatives, no significant or unavoidable adverse 
impacts are anticipated.
    The Final NPEIS considers comments on the Draft NPEIS, including 
those submitted during the public comment period that officially began 
on April 7, 2017 and ended on June 6, 2017, following a 60-day comment 
period. Appendix M provides the Draft NFIP comments with FEMA 
responses, and notes revisions in the Final NPEIS.
    The NFIP Final NPEIS is available for viewing on the Federal 
eRulemaking Portal at http://www.regulations.gov under Docket ID FEMA-
2012-0012.

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

    Dated: October 20, 2017.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-23902 Filed 11-2-17; 8:45 am]
BILLING CODE 9111-A6-P

51286 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

previously approved information exemption to all entities, including the use of appropriate automated,
collection for which approval has small business. FEMA appreciates this electronic, mechanical, or other
expired. FEMA will submit the comment but is unable to extend the technological collection techniques or
information collection abstracted below exemption because it is statutorily other forms of information technology,
to the Office of Management and Budget prescribed. This information collection e.g., permitting electronic submission of
for review and clearance in accordance expired on September 30, 2017. FEMA responses.
with the requirements of the Paperwork is requesting a reinstatement, without Dated: October 30, 2017.
Reduction Act of 1995. The submission change, of a previously approved William Holzerland,
will describe the nature of the information collection for which
Information Management Division Director,
information collection, the categories of approval has expired. The purpose of Mission Support, Federal Emergency
respondents, the estimated burden (i.e., this notice is to notify the public that Management Agency, Department of
the time, effort and resources used by FEMA will submit the information Homeland Security.
respondents to respond) and cost, and collection abstracted below to the Office [FR Doc. 2017–24005 Filed 11–2–17; 8:45 am]
the actual data collection instruments of Management and Budget for review BILLING CODE 9110–11–P
FEMA will use. and clearance.
DATES: Comments must be submitted on
Collection of Information
or before December 4, 2017. DEPARTMENT OF HOMELAND
ADDRESSES: Submit written comments Title: Exemption of State-Owned SECURITY
on the proposed information collection Properties Under Self-Insurance.
to the Office of Information and Type of information collection: Federal Emergency Management
Regulatory Affairs, Office of Reinstatement, without change, of a Agency
Management and Budget. Comments previously approved collection for
should be addressed to the Desk Officer which approval has expired.
[Docket ID FEMA–2012–0012]
for the Department of Homeland OMB Number: 1660–0013.
Security, Federal Emergency Form Titles and Numbers: None. National Flood Insurance Program
Management Agency, and sent via Abstract: Application for exemption
Nationwide Programmatic
electronic mail to dhsdeskofficer@ must be made by the Governor or other
Environmental Impact Statement
omb.eop.gov. duly authorized official of the State
accompanied by sufficient supporting AGENCY: Federal Emergency
FOR FURTHER INFORMATION CONTACT: documentation which certifies that the Management Agency, DHS.
Requests for additional information or plan of self-insurance upon which the ACTION: Notice of availability of a final
copies of the information collection application for exemption is based
should be made to Director, Records nationwide programmatic
meets or exceeds the standards in NFIP environmental impact statement.
Management Division, 500 C Street SW., regulations at 44 CFR 75.11.
Washington, DC 20472, email address Affected Public: State, Local or Tribal SUMMARY: The Federal Emergency
FEMA-Information-Collections- Government. Management Agency (FEMA)
Management@fema.dhs.gov or Suzan Estimated Number of Respondents: announces the availability of a final
Krowel, Insurance Examiner, Federal 20. Nationwide Programmatic
Insurance and Mitigation Estimated Number of Responses: 20. Environmental Impact Statement
Administration, DHS/FEMA, at (202) Estimated Total Annual Burden (NPEIS) evaluating the environmental
701–3701. Hours: 5. impacts of proposed modifications to
SUPPLEMENTARY INFORMATION: State- Estimated Total Annual Respondent the National Flood Insurance Program
Owned properties covered under an Cost: The estimated annual cost to (NFIP). Pursuant to the National
adequate State policy of self-insurance respondents for the hour burden is Environmental Policy Act (NEPA) of
satisfactory to FEMA are not required to $8,547. There are no annual costs to 1969, as amended, the Council on
purchase flood insurance in accordance respondents operations and Environmental Quality’s (CEQs)
with Section 102(c)(1) of the Flood maintenance costs for technical regulations for implementing the
Disaster Protection Act of 1973 (42 services. There is no annual start-up or procedural provisions of NEPA, and
U.S.C. 4012a(c)(1)). NFIP regulations, 44 capital costs. The cost to the Federal FEMA’s Directive 108–1 titled
CFR part 75, establish the standards Government is $3,920.10. ‘‘Environmental Planning and Historic
which a State’s insurance plan must Preservation Responsibilities and
meet to be found exempt from the Comments
Program Requirements,’’ FEMA has
requirement to purchase flood insurance Comments may be submitted as considered comments received on the
coverage for State-owned structures and indicated in the ADDRESSES caption NFIP Draft NPEIS, which was issued in
their contents. To be eligible for the above. Comments are solicited to (a) April 2017, and identifies FEMA’s
exemption, State properties must be evaluate whether the proposed data preferred alternative in the NFIP Final
located in areas identified by the collection is necessary for the proper NPEIS.
Administrator as A, AO, AH, A1–30, performance of the agency, including
DATES: FEMA will publish a Record of
AE, AR, AR/A1–30, AR/AE, AR/AO, whether the information shall have
practical utility; (b) evaluate the Decision no sooner than 30 days after
AR/AH, AR/A, A99, M, V, VO, V1–30,
accuracy of the agency’s estimate of the the date of publication of the U.S.
VE, and E zones, in which the sale of
burden of the proposed collection of Environmental Protection Agency’s
insurance has been made available.
ethrower on DSK3G9T082PROD with NOTICES

This proposed information collection information, including the validity of Notice of Availability in the Federal
previously published in the Federal the methodology and assumptions used; Register.
Register on June 27, 2017 at 82 FR (c) enhance the quality, utility, and ADDRESSES: Electronic versions of the
29090 with a 60 day public comment clarity of the information to be NFIP Final NPEIS are available at the
period. FEMA received one comment. collected; and (d) minimize the burden Federal eRulemaking Portal, http://
The commenter advocated for the of the collection of information on those www.regulations.gov by searching for
extension of the State self-insurance who are to respond, including through Docket ID FEMA–2012–0012.

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51288 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

behalf, submitting documentation of Collection Request to the Office of may be facilitated by and through US–
compliance with the ESA. Management and Budget (OMB) for CERT.
Environmental topics addressed in review and clearance in accordance US–CERT fulfills the role of the
the Final NPEIS include air quality, with the Paperwork Reduction Act of Federal information security incident
noise, land use and planning, geology 1995. DHS previously published this center for the United States Federal
and soils, water resources, biological information collection request (ICR) in Government as defined in the Federal
resources, cultural resources, aesthetics/ the Federal Register on Tuesday, July Information Security Modernization Act
visual resources, infrastructure, 18, 2017 at 82 FR 32858 for a 60-day of 2014. Each Federal agency is required
socioeconomic resources, hazardous public comment period. Zero (0) to notify and consult with US–CERT
waste and materials, and climate comment was received by DHS. The regarding information security incidents
change. Best management practices and purpose of this notice is to allow an involving the information and
mitigation measures that could alleviate additional 30 days for public comments. information systems (managed by a
environmental effects have been DATES: Comments are encouraged and Federal agency, contractor, or other
considered and are included where will be accepted until December 4, source) that support the operations and
relevant within the Final NPEIS. The 2017. This process is conducted in assets of the agency. Additional entities
proposed alternatives do not have accordance with 5 CFR 1320.1. report incident information to US–CERT
natural or depletable resource ADDRESSES: Interested persons are voluntarily.
requirements because they are changes invited to submit written comments on Per the Federal Information Security
in policy or regulation that do not the proposed information collection to Modernization Act of 2014, as codified
involve any physical activities for the Office of Information and Regulatory in subchapter II of chapter 35 of title 44
which resources would be required. For Affairs, Office of Management and of the United States Code, US–CERT
these alternatives, no significant or Budget. Comments should be addressed must inform operators of agency
unavoidable adverse impacts are to OMB Desk Officer, Department of information systems about current and
anticipated. Homeland Security and sent via potential information security threats
The Final NPEIS considers comments electronic mail to and vulnerabilities. Per the Homeland
on the Draft NPEIS, including those dhsdeskofficer@omb.eop.gov. All Security Act, as amended, the NCCIC, of
submitted during the public comment submissions must include the words which US–CERT and ICS–CERT are a
period that officially began on April 7, ‘‘Department of Homeland Security’’ part, is required to be the Federal
2017 and ended on June 6, 2017, and the OMB Control Number 1670— civilian interface for sharing
following a 60-day comment period. NEW (US-CERT.gov). cybersecurity risks, incidents, analysis,
Appendix M provides the Draft NFIP Comments submitted in response to and warnings for federal and non-
comments with FEMA responses, and this notice may be made available to the Federal entities.
notes revisions in the Final NPEIS. public through relevant Web sites. For OMB is particularly interested in
The NFIP Final NPEIS is available for this reason, please do not include in comments that:
viewing on the Federal eRulemaking your comments information of a 1. Evaluate whether the proposed
Portal at http://www.regulations.gov confidential nature, such as sensitive collection of information is necessary
under Docket ID FEMA–2012–0012. personal information or proprietary for the proper performance of the
Authority: 42 U.S.C. 4331 et seq.; 40 CFR information. If you send an email functions of the agency, including
part 1500; FEMA Instruction 108–1–1. comment, your email address will be whether the information will have
Dated: October 20, 2017. automatically captured and included as practical utility;
Brock Long, part of the comment that is placed in the 2. Evaluate the accuracy of the
public docket and made available on the agency’s estimate of the burden of the
Administrator, Federal Emergency
Management Agency. Internet. Please note that responses to proposed collection of information,
this public comment request containing including the validity of the
[FR Doc. 2017–23902 Filed 11–2–17; 8:45 am]
any routine notice about the methodology and assumptions used;
BILLING CODE 9111–A6–P
confidentiality of the communication 3. Enhance the quality, utility, and
will be treated as public comments that clarity of the information to be
DEPARTMENT OF HOMELAND may be made available to the public collected; and
SECURITY notwithstanding the inclusion of the 4. Minimize the burden of the
routine notice. collection of information on those who
The Department of Homeland Security, FOR FURTHER INFORMATION CONTACT: For are to respond, including through the
Office of Cybersecurity and specific questions related to collection use of appropriate automated,
Communications, US-CERT.gov activities, please contact Bonnie Limmer electronic, mechanical, or other
Collection at 1–888–282–0870 or at info@us- technological collection techniques or
cert.gov. other forms of information technology,
AGENCY: National Protection and
Programs Directorate, DHS. SUPPLEMENTARY INFORMATION: US–CERT e.g., permitting electronic submissions
ACTION: 30-Day notice and request for is responsible for performing, of responses.
comments. coordinating, and supporting response Title: Clearance for the Collection of
to information security incidents, which Routine Feedback through US-
SUMMARY: The Department of Homeland may originate outside the Federal CERT.gov.
Security (DHS), National Protection and community and affect users within it, or OMB Number: 1670—NEW.
ethrower on DSK3G9T082PROD with NOTICES

Programs Directorate (NPPD), Office of originate within the Federal community Frequency: Ongoing.
Cybersecurity and Communications and affect users outside of it. Often, Affected Public: Voluntary
(CS&C), National Cybersecurity and therefore, the effective handling of respondents.
Communications Integration Center security incidents relies on information Number of Respondents: 126,325
(NCCIC), United States Computer sharing among individual users, respondents (estimate).
Emergency Readiness Team (US–CERT) industry, state and local governments, Estimated Time per Respondent: 3
will submit the following Information and the Federal Government, which minutes.

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Document Created: 2018-10-25 10:21:31
Document Modified: 2018-10-25 10:21:31

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 final nationwide programmatic environmental impact statement.
Dates		FEMA will publish a Record of Decision no sooner than 30 days after the date of publication of the U.S. Environmental Protection Agency's Notice of Availability in the Federal Register.
Contact		For more information on the NFIP Final 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 51286

82 FR 51286 - National Flood Insurance Program Nationwide Programmatic Environmental Impact Statement

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 82, Issue 212 (November 3, 2017)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency