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] BILLING CODE 9111–52–P VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 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: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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: 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 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 nlaroche on DSK30NT082PROD with NOTICES 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 VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 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 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 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. E:\FR\FM\07APN1.SGM 07APN1 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] BILLING CODE 9111–A6–P VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 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: http://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: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 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 (http:// 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 E:\FR\FM\07APN1.SGM 07APN1

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]


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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.

-----------------------------------------------------------------------

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 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