Disaster Assistance; Hazard Mitigation Grant Program, 61070-61071 [2011-25102]
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61070
Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Proposed Rules
included as part of the public comment.
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to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
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encryption, and be free of any defects or
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Docket: Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
David Grounds, EPA Region IX, (415)
972–3019, grounds.david@epa.gov.
This
proposal addresses the following local
rules: SMAQMD Rule 464 (Organic
Chemical Manufacturing Operations),
VCAPCD Rule 74.29 (Soil
Decontamination), and PCAPCD Rule
243 (Polyester Resin Operations). In the
Rules and Regulations section of this
Federal Register, we are approving
these local rules in a direct final action
without prior proposal because we
believe these SIP revisions are not
controversial. If we receive adverse
comments, however, we will publish a
timely withdrawal of the direct final
rule and address the comments in
subsequent action based on this
proposed rule. Please note that if we
receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
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SUPPLEMENTARY INFORMATION:
Dated: August 16, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011–25283 Filed 9–30–11; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–B–1169]
Proposed Flood Elevation
Determinations
Correction
In proposed rule document 2010–
31549 appearing on pages 78664–78666
in the issue of December 16, 2010, make
the following correction:
§ 67.4
[Corrected]
On page 78665, in the fifth row from
the bottom, immediately beneath the
sentence ‘‘Maps are available for
inspection at the Meeker County
Courthouse, 325 Sibley Avenue North,
Litchfield, MN 55355.’’, the heading
which was inadvertently omitted from
the table, is added to read ‘‘Carroll
County, Missouri, and Incorporated
Areas’’.
[FR Doc. C1–2010–31549 Filed 9–30–11; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 206
[Docket ID FEMA–2011–0004]
RIN 1660–AA02;Formerly 3067–AC69
Disaster Assistance; Hazard Mitigation
Grant Program
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; withdrawal.
AGENCY:
On May 1, 1998, the Federal
Emergency Management Agency
(FEMA) published a Notice of Proposed
Rulemaking (NPRM) to revise the
categories of projects eligible for
funding under the Hazard Mitigation
Grant Program (HMGP). The NPRM
proposed to define eligible mitigation
activities under the HMGP to include
minor flood control projects that do not
duplicate the efforts and authorities of
other Federal agencies. It proposed to
include vegetation management
programs for wildfire hazard mitigation
and erosion hazard mitigation in the list
of eligible activities; it proposed to
remove development or improvement of
SUMMARY:
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Fmt 4702
Sfmt 4702
warning systems from the list of eligible
project types; and modified language
relating to general, allowable open
space, recreational, and wetlands
management uses. FEMA is
withdrawing the NPRM so that relevant
issues involved in the NPRM may be
further considered and because portions
of it are redundant or outdated.
DATES: The Notice of Proposed
Rulemaking published on May 1, 1998
(63 FR 24143), is withdrawn as of
October 3, 2011.
ADDRESSES: The Notice of Proposed
Rulemaking and this withdrawal notice
may be found under Docket ID: FEMA–
2011–0004 and are available online by
going to https://www.regulations.gov,
inserting FEMA–2011–0004 in the
‘‘Keyword’’ box, and then clicking
‘‘Search.’’ The Docket is also available
for inspection or copying at FEMA, 500
C Street, SW., Room 840, Washington,
DC 20472.
FOR FURTHER INFORMATION CONTACT:
Cecelia Rosenberg, Federal Insurance
and Mitigation, DHS/FEMA, 1800 South
Bell Street, Arlington, VA 20598–3015.
Phone: (202) 646–3321. Facsimile: (202)
646–2880. E-mail:
Cecelia.Rosenberg@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Authorized by section 404 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford
Act), 42 U.S.C. 5170c, the Hazard
Mitigation Grant Program (HMGP)
provides States, Tribes, and local
governments financial assistance to
implement measures that permanently
reduce or eliminate future damages and
losses from natural hazards.
The HMGP regulations at 44 CFR part
206, subpart N, address the eligibility of
multi-hazard mitigation projects
through a list of general eligibility
criteria: a project must be cost-effective,
be environmentally sound, must address
a repetitive problem, and must
contribute to a long-term solution.
Further, HMGP funds cannot be used to
fund projects that are available under
other Federal authorities. The
regulations also provide a list of eligible
types of projects. The project-type
listing is not all-inclusive. FEMA
published a Notice of Proposed
Rulemaking (NPRM) (63 FR 24143, May
1, 1998) proposing the following
revisions to the HMGP regulations.
Minor Flood Control Projects
Under the NPRM, minor flood control
projects that do not duplicate the flood
prevention activities of other Federal
agencies would be eligible for HMGP
E:\FR\FM\03OCP1.SGM
03OCP1
Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Proposed Rules
funding. Major flood control projects,
such as dikes, levees, dams,
channelization, channel widening,
stream realignment, seawalls, groins,
and jetties, would be distinguished from
minor flood control activities. Typically,
funding for major flood control projects
would fall under the water resources
design and construction authorities of
the U.S. Army Corps of Engineers and
the Natural Resources Conservation
Service of the U.S. Department of
Agriculture.
Wildfire and Erosion
Under the NPRM, vegetation
management related to wildfire and
erosion hazard mitigation measures
would be eligible for HMGP funding.
This would reflect FEMA’s multi-hazard
HMGP objectives and priorities
authorized by section 404 of the Stafford
Act.
Warning Systems
The NPRM sought to minimize an
emphasis on warning systems by
removing them from the list of eligible
projects. This was due to benefit/cost
considerations. The benefits of some
hazard mitigation project types can be
difficult to show using FEMA’s
conventional benefit/cost calculation
methodology. Because of this in certain
circumstances FEMA will allow
applicants to demonstrate project costeffectiveness using means other than the
conventional benefit/cost methodology.
The NPRM proposed to remove warning
systems from the example list of eligible
project types because the project type
does not lend itself to use of the
conventional benefit/cost methodology.
Allowable Open Space Uses
mstockstill on DSK4VPTVN1PROD with PROPOSALS
The NPRM proposed a revision to the
list of allowable open space uses for
previously funded and acquired open
space land by replacing the word
‘‘previous’’ (which was actually a typo
in the regulation that should have been
VerDate Mar<15>2010
17:28 Sep 30, 2011
Jkt 226001
‘‘pervious’’) with the more widely
familiar term of permeable.
II. Summary of Comments
FEMA received 12 comments on the
NPRM from State and local
governments. Several commenters had
reservations about the NPRM’s possible
effects on the eligibility of certain flood
control projects because these projects
were viewed as good hazard mitigation
activities that should be funded by
FEMA. Some commenters expressed
concern regarding the term ‘‘minor flood
control’’ and the criteria used to define
it. Two commenters were concerned
that major flood control projects may
become ineligible due to concerns of
duplicating other Federal assistance,
and were concerned about the
applicability of this rationale to the
practice of partnering with other Federal
agencies. One commenter urged FEMA
to recognize the importance of allowing
HMGP funding to be used for mitigation
activities related to facilities that would
be regarded as major structural flood
control facilities.
One commenter expressed support for
the wildfire and erosion vegetation
management provisions in the NPRM,
and was concerned that vegetation
management activities were not
extended to other project types. Another
commenter expressed concern that
wildfire and erosion vegetation
provisions may conflict with other preexisting regulatory requirements.
Two commenters expressed
dissatisfaction with the NPRM’s
removal of warning systems from the
list of ‘‘traditionally’’ eligible HMGP
activities.
One commenter requested
consideration of allowable open space
activities beyond the scope of the
NPRM.
III. Reason for Withdrawal
FEMA is withdrawing the NPRM so
that relevant issues involved in the
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Fmt 4702
Sfmt 9990
61071
NPRM may be further considered and
because portions of it are redundant.
The definition of minor flood control
projects is being examined in greater
detail relative to the HMGP eligibility
criteria of the regulations at 44 CFR
206.434(c). Further, the distinction that
minor flood control projects not
duplicate the activities of other Federal
agencies is redundant because the
existing program regulations, at 44 CFR
206.434(f), clearly state that HMGP
funds cannot be used as a substitute or
replacement to fund projects or
programs that are available under other
Federal authorities. Therefore, to state
the requirement again is redundant, and
to highlight it for minor flood control
projects over other project types may
lead to some confusion regarding its
applicability to all project types.
FEMA considers the other provisions
of the NPRM to be outdated. Eligibility
considerations of vegetation
management are addressed through
FEMA’s existing HMGP regulations
identifying general eligibility
considerations, and there is no
significant benefit derived from listing
them specifically. Removing warning
systems from the list of eligible projects
could create the impression that they
are not eligible for funding.
The remaining proposed revision, to
replace the word ‘‘previous’’ (a typo for
‘‘pervious’’) with ‘‘permeable’’ is not
sufficient reason for continuing the
NPRM as the original word and the
word proposed to replace it mean
essentially the same thing.
IV. Conclusion
FEMA is withdrawing the May 1,
1998 NPRM for the reasons stated in
this notice.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2011–25102 Filed 9–30–11; 8:45 am]
BILLING CODE 9111–23–P
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03OCP1
Agencies
[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Proposed Rules]
[Pages 61070-61071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25102]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 206
[Docket ID FEMA-2011-0004]
RIN 1660-AA02;Formerly 3067-AC69
Disaster Assistance; Hazard Mitigation Grant Program
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: On May 1, 1998, the Federal Emergency Management Agency (FEMA)
published a Notice of Proposed Rulemaking (NPRM) to revise the
categories of projects eligible for funding under the Hazard Mitigation
Grant Program (HMGP). The NPRM proposed to define eligible mitigation
activities under the HMGP to include minor flood control projects that
do not duplicate the efforts and authorities of other Federal agencies.
It proposed to include vegetation management programs for wildfire
hazard mitigation and erosion hazard mitigation in the list of eligible
activities; it proposed to remove development or improvement of warning
systems from the list of eligible project types; and modified language
relating to general, allowable open space, recreational, and wetlands
management uses. FEMA is withdrawing the NPRM so that relevant issues
involved in the NPRM may be further considered and because portions of
it are redundant or outdated.
DATES: The Notice of Proposed Rulemaking published on May 1, 1998 (63
FR 24143), is withdrawn as of October 3, 2011.
ADDRESSES: The Notice of Proposed Rulemaking and this withdrawal notice
may be found under Docket ID: FEMA-2011-0004 and are available online
by going to https://www.regulations.gov, inserting FEMA-2011-0004 in the
``Keyword'' box, and then clicking ``Search.'' The Docket is also
available for inspection or copying at FEMA, 500 C Street, SW., Room
840, Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT: Cecelia Rosenberg, Federal Insurance
and Mitigation, DHS/FEMA, 1800 South Bell Street, Arlington, VA 20598-
3015. Phone: (202) 646-3321. Facsimile: (202) 646-2880. E-mail:
Cecelia.Rosenberg@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Authorized by section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170c, the
Hazard Mitigation Grant Program (HMGP) provides States, Tribes, and
local governments financial assistance to implement measures that
permanently reduce or eliminate future damages and losses from natural
hazards.
The HMGP regulations at 44 CFR part 206, subpart N, address the
eligibility of multi-hazard mitigation projects through a list of
general eligibility criteria: a project must be cost-effective, be
environmentally sound, must address a repetitive problem, and must
contribute to a long-term solution. Further, HMGP funds cannot be used
to fund projects that are available under other Federal authorities.
The regulations also provide a list of eligible types of projects. The
project-type listing is not all-inclusive. FEMA published a Notice of
Proposed Rulemaking (NPRM) (63 FR 24143, May 1, 1998) proposing the
following revisions to the HMGP regulations.
Minor Flood Control Projects
Under the NPRM, minor flood control projects that do not duplicate
the flood prevention activities of other Federal agencies would be
eligible for HMGP
[[Page 61071]]
funding. Major flood control projects, such as dikes, levees, dams,
channelization, channel widening, stream realignment, seawalls, groins,
and jetties, would be distinguished from minor flood control
activities. Typically, funding for major flood control projects would
fall under the water resources design and construction authorities of
the U.S. Army Corps of Engineers and the Natural Resources Conservation
Service of the U.S. Department of Agriculture.
Wildfire and Erosion
Under the NPRM, vegetation management related to wildfire and
erosion hazard mitigation measures would be eligible for HMGP funding.
This would reflect FEMA's multi-hazard HMGP objectives and priorities
authorized by section 404 of the Stafford Act.
Warning Systems
The NPRM sought to minimize an emphasis on warning systems by
removing them from the list of eligible projects. This was due to
benefit/cost considerations. The benefits of some hazard mitigation
project types can be difficult to show using FEMA's conventional
benefit/cost calculation methodology. Because of this in certain
circumstances FEMA will allow applicants to demonstrate project cost-
effectiveness using means other than the conventional benefit/cost
methodology. The NPRM proposed to remove warning systems from the
example list of eligible project types because the project type does
not lend itself to use of the conventional benefit/cost methodology.
Allowable Open Space Uses
The NPRM proposed a revision to the list of allowable open space
uses for previously funded and acquired open space land by replacing
the word ``previous'' (which was actually a typo in the regulation that
should have been ``pervious'') with the more widely familiar term of
permeable.
II. Summary of Comments
FEMA received 12 comments on the NPRM from State and local
governments. Several commenters had reservations about the NPRM's
possible effects on the eligibility of certain flood control projects
because these projects were viewed as good hazard mitigation activities
that should be funded by FEMA. Some commenters expressed concern
regarding the term ``minor flood control'' and the criteria used to
define it. Two commenters were concerned that major flood control
projects may become ineligible due to concerns of duplicating other
Federal assistance, and were concerned about the applicability of this
rationale to the practice of partnering with other Federal agencies.
One commenter urged FEMA to recognize the importance of allowing HMGP
funding to be used for mitigation activities related to facilities that
would be regarded as major structural flood control facilities.
One commenter expressed support for the wildfire and erosion
vegetation management provisions in the NPRM, and was concerned that
vegetation management activities were not extended to other project
types. Another commenter expressed concern that wildfire and erosion
vegetation provisions may conflict with other pre-existing regulatory
requirements.
Two commenters expressed dissatisfaction with the NPRM's removal of
warning systems from the list of ``traditionally'' eligible HMGP
activities.
One commenter requested consideration of allowable open space
activities beyond the scope of the NPRM.
III. Reason for Withdrawal
FEMA is withdrawing the NPRM so that relevant issues involved in
the NPRM may be further considered and because portions of it are
redundant. The definition of minor flood control projects is being
examined in greater detail relative to the HMGP eligibility criteria of
the regulations at 44 CFR 206.434(c). Further, the distinction that
minor flood control projects not duplicate the activities of other
Federal agencies is redundant because the existing program regulations,
at 44 CFR 206.434(f), clearly state that HMGP funds cannot be used as a
substitute or replacement to fund projects or programs that are
available under other Federal authorities. Therefore, to state the
requirement again is redundant, and to highlight it for minor flood
control projects over other project types may lead to some confusion
regarding its applicability to all project types.
FEMA considers the other provisions of the NPRM to be outdated.
Eligibility considerations of vegetation management are addressed
through FEMA's existing HMGP regulations identifying general
eligibility considerations, and there is no significant benefit derived
from listing them specifically. Removing warning systems from the list
of eligible projects could create the impression that they are not
eligible for funding.
The remaining proposed revision, to replace the word ``previous''
(a typo for ``pervious'') with ``permeable'' is not sufficient reason
for continuing the NPRM as the original word and the word proposed to
replace it mean essentially the same thing.
IV. Conclusion
FEMA is withdrawing the May 1, 1998 NPRM for the reasons stated in
this notice.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25102 Filed 9-30-11; 8:45 am]
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