National Flood Insurance Program Nationwide Programmatic Environmental Impact Statement, 17023-17025 [2017-06671]
Download as PDF
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
the several perils covered, or where the
flood insurance coverage amount is over
and above the limits of liability
available to the insured under the
Program.
DEPARTMENT OF HOMELAND
SECURITY
Article XIV. Access to Books and
Records
FEMA, the Department of Homeland
Security, and the Comptroller General of
the United States, or their duly
authorized representatives, for the
purpose of investigation, audit, and
examination shall have access to any
books, documents, papers and records
of the Company that are pertinent to this
Arrangement. The Company shall keep
records that fully disclose all matters
pertinent to this Arrangement, including
premiums and claims paid or payable
under policies issued pursuant to this
Arrangement. Records of accounts and
records relating to financial assistance
shall be retained and available for three
(3) years after final settlement of
accounts, and to financial assistance,
three (3) years after final adjustment of
such claims. FEMA shall have access to
policyholder and claim records at all
times for purposes of the review,
defense, examination, adjustment, or
investigation of any claim under a flood
insurance policy subject to this
Arrangement.
[Docket ID FEMA–2012–0012]
Article XV. Compliance With Act and
Regulations
This Arrangement and all policies of
insurance issued pursuant thereto are
subject to Federal law and regulations.
Article XVI. Relationship Between the
Parties and the Insured
Inasmuch as the Federal Government
is a guarantor hereunder, the primary
relationship between the Company and
the Federal Government is one of a
fiduciary nature, that is, to assure that
any taxpayer funds are accounted for
and appropriately expended. The
Company is a fiscal agent of the Federal
Government, but is not a general agent
of the Federal Government. The
Company is solely responsible for its
obligations to its insured under any
policy issued pursuant hereto, such that
the Federal Government is not a proper
party to any lawsuit arising out of such
policies.
nlaroche on DSK30NT082PROD with NOTICES
Authority: 42 U.S.C. 4071, 4081; 44 CFR
62.23.
Dated: April 3, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance
and Mitigation, Federal Emergency
Management Agency.
[FR Doc. 2017–07020 Filed 4–6–17; 8:45 am]
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Federal Emergency Management
Agency
National Flood Insurance Program
Nationwide Programmatic
Environmental Impact Statement
Federal Emergency
Management Agency, DHS.
ACTION: Notice of availability of a draft
nationwide programmatic
environmental impact statement and
notice of public meetings.
AGENCY:
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-impactstatement.
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 inSUMMARY:
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17023
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/programmaticenvironmental-impact-statement. You
may submit comments, identified by
Docket ID FEMA–2012–0012, using one
of the following methods:
Federal eRulemaking Portal: https://
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 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
E:\FR\FM\07APN1.SGM
07APN1
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17024
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
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 BiggertWaters 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
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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.
Æ 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.
Æ 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.
Æ Alternative 3 (Legislatively
Required Changes, Proposed ESA
Regulatory Changes, and LOMC
Clarification)
Æ 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.
Æ 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.
Æ Implement a monthly installment
plan payment option for non-escrowed
flood insurance policies.
Æ 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.
Æ Clarify that the exception to the norise performance standard in the
floodway applies only to projects that
serve a public purpose or result in the
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restoration of the natural and beneficial
functions of floodplains.
Æ Increase the probation surcharge
applicable to NFIP communities placed
on probation from $50 to $100.
Æ 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.
Æ Alternative 4 (Legislatively
Required Changes, ESA Guidance, and
LOMC Clarification)
Æ 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.
Æ 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.
Æ Implement a monthly installment
plan payment option for non-escrowed
flood insurance policies.
Æ 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/programmaticenvironmental-impact-statement.
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
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.
nlaroche on DSK30NT082PROD with NOTICES
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]
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2014–0022]
Technical Mapping Advisory Council
Federal Emergency
Management Agency, DHS.
ACTION: Committee Management;
Request for Applicants for Appointment
to the Federal Emergency Management
Agency’s Technical Mapping Advisory
Council.
AGENCY:
The Federal Emergency
Management Agency (FEMA) is
requesting qualified individuals
interested in serving on the Technical
Mapping Advisory Council (TMAC) to
apply for appointment. As provided for
in the Biggert-Waters Flood Insurance
Reform Act of 2012, the TMAC makes
recommendations to the FEMA
Administrator on how to improve, in a
cost-effective manner, the accuracy,
general quality, ease of use, and
distribution and dissemination of flood
insurance rate maps (FIRMs) and risk
data; and performance metrics and
milestones required to effectively and
efficiently map flood risk areas in the
United States. Applicants will be
considered for appointment for the four
vacancies on the TMAC.
DATES: Applications will be accepted
until 11:59 p.m. EST on April 24, 2017.
ADDRESSES: Applications for
membership should be submitted by
one of the following methods:
• Email: FEMA-TMAC@fema.dhs.gov.
• Mail: FEMA, Federal Insurance and
Mitigation Administration, Risk
Management Directorate, Attn: Mark
Crowell, 400 C Street SW., Suite 313,
Washington, DC 20472–3020.
FOR FURTHER INFORMATION CONTACT:
Mark Crowell (Designated Federal
Officer for the TMAC); FEMA, Federal
Insurance and Mitigation
Administration, Risk Management
Directorate, 400 C Street SW., Suite 313,
Washington, DC 20472–3020; telephone:
(202) 646–3432; and email: FEMATMAC@fema.dhs.gov. The TMAC Web
site is: https://www.fema.gov/TMAC.
SUPPLEMENTARY INFORMATION: The
TMAC is an advisory committee that
was established by the Biggert-Waters
Flood Insurance Reform Act of 2012, 42
U.S.C. 4101a, and in accordance with
provisions of the Federal Advisory
Committee Act (FACA), 5 U.S.C. App.
(Pub. L. 92–463). The TMAC is required
to make recommendations to FEMA on
mapping-related issues and activities.
SUMMARY:
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17025
This includes mapping standards and
guidelines, performance metrics and
milestones, map maintenance,
interagency and intergovernmental
coordination, map accuracy, funding
strategies, and other mapping-related
issues and activities. In addition, the
TMAC is required to submit an annual
report to the FEMA Administrator that
contains: (1) A description of the
activities of the Council; (2) an
evaluation of the status and
performance of flood insurance rate
maps and mapping activities to revise
and update Flood Insurance Rate Maps;
and (3) a summary of recommendations
made by the Council to the FEMA
Administrator.
Members of the TMAC will be
appointed based on their demonstrated
knowledge and competence regarding
surveying, cartography, remote sensing,
geographic information systems, or the
technical aspects of preparing and using
FIRMs. To the maximum extent
practicable, FEMA will ensure that
membership of the TMAC has a balance
of Federal, State, local, Tribal, and
private members, and includes
geographic diversity.
FEMA is requesting qualified
individuals who are interested in
serving on the TMAC to apply for
appointment. Applicants will be
considered for appointment for four
vacancies on the TMAC, the terms of
which start on October 1, 2017. Certain
members of the TMAC, as described
below, will be appointed to serve as
Special Government Employees (SGE)
as defined in section 202(a) of title 18
United States Code. Candidates selected
for appointment as SGEs are required to
complete a Confidential Financial
Disclosure Form (Office of Government
Ethics (OGE) Form 450). This form can
be obtained by visiting the Web site of
the Office of Government Ethics (https://
www.oge.gov). Please do not submit this
form with your application. Qualified
applicants will be considered for one or
more of the following membership
categories with vacancies:
a. One representative of a State
government agency that has entered into
a cooperating technical partnership with
the FEMA Administrator and has
demonstrated the capability to produce
FIRMs;
b. One member (SGE) of a recognized
professional association or organization
representing flood hazard determination
firms; and
c. One representative of a recognized
professional association or organization
representing State geographic
information.
Members of the TMAC serve terms of
office for two years. There is no
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Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17023-17025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06671]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 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
[[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