Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects, 38911-38913 [2024-10042]

Download as PDF Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices issued photo ID, driver’s license, or passport) and to state the purpose of their visit. Information is also available on the Institute’s/Center’s home page: NCAB: https:// deainfo.nci.nih.gov/advisory/ncab/ncab.htm, BSA: https://deainfo.nci.nih.gov/advisory/ bsa/bsa.htm, where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS) Dated: May 3, 2024. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2024–10060 Filed 5–7–24; 8:45 am] Time: 11:00 a.m. to 3:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Virtual Meeting). Contact Person: Bita Nakhai, Ph.D., Scientific Review Officer, Scientific Review Branch, National Institute on Aging, 7201 Wisconsin Avenue, Gateway Bldg. Suite 2C212, Bethesda, MD 20892, 301–402–7701, nakhaib@nia.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Dated: May 2, 2024. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2024–10020 Filed 5–7–24; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY BILLING CODE 4140–01–P Federal Emergency Management Agency DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket ID FEMA–2023–0027] National Institutes of Health Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects National Institute on Aging; Notice of Closed Meetings lotter on DSK11XQN23PROD with NOTICES1 Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Institute on Aging Special Emphasis Panel; AD and ADRD Infrastructure. Date: June 17, 2024. Time: 10:00 a.m. to 5:30 p.m. Agenda: To review and evaluate grant applications. Place: National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Virtual Meeting). Contact Person: Nijaguna Prasad, Ph.D., Scientific Review Officer, Scientific Review Branch, National Institute on Aging, 7201 Wisconsin Avenue, Gateway Bldg. Suite 2W200, Bethesda, MD 20892, (301) 496– 9667, prasadnb@nia.nih.gov. Name of Committee: National Institute on Aging Special Emphasis Panel; Aging Courses. Date: July 3, 2024. VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 Federal Emergency Management Agency, Department of Homeland Security. ACTION: Final notice. AGENCY: On October 4, 2023, FEMA published a notice requesting public comment on its determination that a programmatic/class review is appropriate for six categories of activities, in specific grant programs that do not have an adverse impact, individually or cumulatively, on floodplain values placing property and persons at risk. FEMA received no comments and is now publishing final notice of its determination in compliance with Federal regulations. FOR FURTHER INFORMATION CONTACT: Frederick Holycross, Coordinator, Grant Programs Directorate, Environmental Planning and Historic Preservation, FEMA, frederick.holycross@ fema.dhs.gov, or 202–812–4938. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background FEMA’s floodplain management regulations are found at 44 CFR part 9. Part 9 sets forth the policy, procedure, and responsibilities to implement and enforce Executive Order 11988, Floodplain Management.1 Part 9 sets 1 ‘‘This regulation sets forth the policy, procedure, and responsibilities to implement and PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 38911 forth an eight-step process which FEMA must follow when taking actions in floodplains 2 which have the potential to affect floodplains or their occupants, or which are subject to potential harm by location in floodplains.3 FEMA completes the eight-step process for each action it is taking in a floodplain as part of the comprehensive environmental and historic preservation (EHP) compliance reviews that are required for all projects funded under its disaster and non-disaster grant programs.4 For such actions, FEMA is required to take the following steps: (1) determine whether the proposed action is located in the 100-year floodplain (500-year floodplain for critical actions), and whether it has the potential to affect or be affected by the floodplain; 5 (2) notify the public at the earliest possible time of the intent to carry out an action in a floodplain, and involve the affected and interested public in the decision-making process; (3) identify and evaluate practicable alternatives to locating the proposed action in a floodplain (including alternative sites, actions and the ‘‘no action’’ option); (4) identify the potential direct and indirect impacts associated with the occupancy or modification of floodplains and the potential direct and indirect support of floodplain development that could result from the proposed action; (5) minimize the potential adverse impacts and support to or within floodplains to be identified under Step 4, restore and preserve the natural and beneficial values served by floodplains; (6) reevaluate the proposed action to determine first, if it is still practicable in light of its exposure to flood hazards, the extent to which it will aggravate the hazards to others, and its potential to disrupt floodplain values and second, if alternatives preliminarily rejected at Step 3 are practicable in light of the information gained in Steps 4 and 5; (7) prepare and provide the public with a finding and public explanation of any final decision that the floodplain is the only practicable alternative; and (8) enforce Executive Order 11988, Floodplain Management, and Executive Order 11990, Protection of Wetlands.’’ 44 CFR 9.1. 2 The 8-step process set forth in 44 CFR part 9 also governs agency actions that take place in wetlands. 3 44 CFR 9.5(a)(1). 4 See generally FEMA’s website at Environmental Planning and Historic Preservation for a description of the EHP process and the applicable regulations, directives, and legal mandates which govern it. (Last accessed on April 12, 2024.) 5 Any project considered for streamlined process will also be subject to a determination of whether the proposed action is located in a wetland and/or floodplain. E:\FR\FM\08MYN1.SGM 08MYN1 38912 Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices review the implementation and postimplementation phases of the proposed action to ensure that the minimization requirements are fully implemented.6 FEMA completes the eight-step process for each action it is taking in a floodplain as part of the comprehensive environmental and historic preservation (EHP) compliance reviews that are required for all projects funded under its disaster and non-disaster grant programs.7 The implementing guidance for E.O. 11988 (Guidelines) allows for an altered or shortened decision-making floodplain evaluation ‘‘class review’’ process for certain routine or recurring actions, known as repetitive actions.8 Class reviews or programmatic approaches allow for efficient and effective ways to meet EHP requirements, including floodplain reviews. In considering whether to undertake such a review, the Guidelines instruct Federal agencies to examine past actions that have been reviewed on an individual basis with public notice and opportunity to comment.9 If the individual reviews have indicated uniformly that the actions would not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk, and little or no public comments to the contrary were received, a class review to streamline agency coordination and processing efforts may be appropriate.10 Agencies may conduct class reviews of routine or recurring actions when: (1) consideration of whether to locate in a floodplain is substantially similar; (2) there is no practicable alternative(s), consistent with any Executive Orders and applicable agency codes, to siting in a floodplain for each action within the class; and (3) all practical measures to minimize harm to the floodplain are included in the review criteria that, if followed, will minimize any adverse impacts that may be associated with the individual actions covered in the class review.11 FEMA reviewed six project categories from 13 grant programs and determined they were appropriate for the shortened 6 44 CFR 9.6. generally FEMA’s website at Environmental Planning and Historic Preservation for a description of the EHP process and the applicable regulations, directives, and legal mandates which govern it. (Last accessed on April 12, 2024). 8 See Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input at 44. 9 Id. 10 Id. 11 Id. lotter on DSK11XQN23PROD with NOTICES1 7 See VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 class review procedures.12 For the specific project categories, FEMA completed steps 3–6 of the eight-step process by cumulatively considering the potential that the project types might directly or indirectly have adverse impacts to floodplains, might promote floodplain development directly or indirectly, and whether there could be any practicable alternative locations or actions. FEMA determined that the projects would not have direct or indirect adverse impacts to floodplains, would not promote floodplain development directly or indirectly, and that there were no practicable alternatives outside the floodplain. On October 4, 2023, FEMA published an initial notice of its determination; the comment period closed November 3, 2023, with no comments received.13 II. Final Notice: Compliance With Step 7 of the Eight-Step Process Step 7 of the eight-step process requires FEMA to prepare and provide the public with a finding and public explanation of any final decision that the floodplain is the only practicable alternative for the identified actions.14 The final notice is required to include the following: (1) a statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland; (2) a description of all significant facts considered in making this determination; (3) a list of the alternatives considered; (4) a statement indicating whether the action conforms to applicable State and local floodplain protection standards; (5) a statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved; (6) identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and (7) a map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information.15 FEMA reviewed six project categories that must be located in the floodplain because the project categories involve modifications of structures or features that currently exist in the floodplain.16 12 See 88 FR 68644. FR 68644. 14 44 CFR 9.6(b); 9.12. 15 44 CFR 9.12(e). 16 See 88 FR 68644; FEMA’s class review does not apply to actions located in regulatory floodways or coastal high hazard areas, including V/VE Zones; construction of new buildings, structures, infrastructure or facilities. 13 88 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 Within these project categories, FEMA conducted a review of 570 project types funded through the Grant Programs Directorate 17(GPD) from 2008 to 2023 that previously received floodplain reviews on an individual basis. The results of those individual reviews indicate that these identified types of activities will not have an adverse impact on floodplain values and that the activities should remain in the floodplain because they support existing facilities or structures. FEMA did not receive public comments suggesting that there would be impacts or that the activities should not be located in the floodplain. FEMA did not consider alternative sites outside of the floodplain because the projects are small-scale security improvements or modifications made to existing facilities or structures. There are no practicable alternatives because the existing facility or structure would need to be relocated outside the floodplain and no alternative actions would serve the same purpose and have less potential to affect or be affected by the floodplain. FEMA will condition grant funding for the listed activities in accordance with local floodplain ordinances and applicable codes and standards. The activities will not alter floodplain characteristics nor materially extend the life of existing structures or facilities. The activities will not modify the floodplain or increase the risk of flood loss. Construction associated with the listed activities may create short term, direct adverse impacts through the discharge of runoff water containing pollutants and sediment into a floodplain. The installation of temporary structures may create temporary, direct impacts to the floodplain by affecting flow characteristics and by capturing debris. However, mitigation of the short-term, direct adverse impacts associated with construction activities will be achieved through the application of typical construction practices including runoff controls. For covered activities in participating National Flood Insurance Program 17 GPD’s mission is to deliver and support grant programs that help the Nation before, during and after disasters to make the country more resilient. GPD administers and manages FEMA grants to ensure critical and measurable results for customers and stakeholders, while also ensuring transparency in the grant process; consolidates the grant business operations, systems, training, policy and oversight of all FEMA grants; establishes and promotes consistent outreach and communication with State, local, Tribal and territorial (SLTTs) stakeholders; and offers information about FEMA’s preparedness grants funding provided to SLTT governments in the form of non-disaster grants. For more information, please visit https://www.fema.gov/ about/offices/grant-programs. E:\FR\FM\08MYN1.SGM 08MYN1 38913 Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Notices (NFIP) communities, FEMA will require a floodplain development permit or documentation from the local floodplain administrator that the work is consistent with NFIP requirements.18 FEMA will include a condition for all projects located in the floodplain that the Recipient and sub recipient must coordinate with the local floodplain administrator/permitting official to obtain any required permitting. Further information about these activities can be obtained from GPD, at GPDEHPinfo@ fema.dhs.gov. When FEMA provides funding for these activities, a map of the location may be available at GPDEHPinfo@fema.dhs.gov. This serves as FEMA’s final public notice that the floodplain is the only practicable alternative for the six categories of activities in the thirteen specified grant programs identified in its October 4, 2023 initial notice.19 Pursuant to 44 CFR 9.12(f), FEMA will wait 15 days from the date of this determination to carry out any actions subject to this notice. Deanne Criswell, Administrator, Federal Emergency Management Agency. [FR Doc. 2024–10042 Filed 5–7–24; 8:45 am] BILLING CODE 9111–78–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–7093–N–01] 60-Day Notice of Proposed Information Collection: HUD FOIAXpress (FMS2) Tracking System FOIA Portal; OMB Control No.: 2501–NEW Office of Administration, Freedom of Information Act (FOIA) Office, HUD. AGENCY: Notice. HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. SUMMARY: DATES: Comments Due Date: July 8, 2024. number. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit https:// www.fcc.gov/consumers/guides/ telecommunications-relay-service-trs. Copies of available documents submitted to OMB may be obtained from Anna Guido. This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. SUPPLEMENTARY INFORMATION: Interested persons are invited to submit comments regarding this proposal. Written comments and recommendations for the proposed information collection can be sent within 60 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 60-day Review—Open for Public Comments’’ or by using the search function. Interested persons are also invited to submit comments regarding this proposal and comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Anna Guido, Clearance Officer, REE, Department of Housing and Urban Development, 451 7th Street SW, Room 8210, Washington, DC 20410–5000; email PaperworkReductionActOffice@ hud.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Anna Guido, Paperwork Reduction Act Compliance Officer, Reports Management Officer, REE, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email at Anna.P.Guido@hud.gov, 202–402–5535. This is not a toll-free A. Overview of Information Collection Title of Information Collection:—HUD FOIAXpress (FMS2) Tracking System FOIA Portal. OMB Approval Number: 2501– Pending. Type of Request: New Collection. Description of the need for the information and proposed use: Respondents have the ability to submit their electronic requests through the Public Access Link. HUD accepts electronic submissions from respondents through the Public Access Link, which would reduce the burden on the public. The Department has used this information to provide appropriate responses specific to the inquiries. In addition, we have been able to create specific template responses for like inquiries to ensure a rapid response. Information collection/form number Estimated number of respondents Frequency of response Responses per annum Average burden hour per response Annual burden hours Hourly cost per response Annual cost Public Access Link ........................................ 11,510 1 11,510 .33 $3,798.30 $29.76 $113,037.41 B. Solicitation of Public Comment lotter on DSK11XQN23PROD with NOTICES1 ACTION: This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; 18 Created by Congress in 1968, the NFIP provides insurance to help reduce the socio-economic impact of floods. Flood insurance is a separate policy that can cover buildings, the contents in a building, or both. The NFIP provides flood insurance to property owners, renters, and businesses, and having this coverage helps them recover faster when floodwaters recede. The NFIP is a publicprivate partnership between the Federal Government, the property and casualty insurance industry, States, local officials, lending institutions, and property owners. The NFIP is administered by FEMA, while insurance policies are sold and serviced by a network of more than 50 insurance companies and the NFIP Direct. For more information, please visit floodsmart.gov. 19 88 FR 86844; the non-disaster preparedness grant programs to which FEMA’s determination applies are as follows: (1) Assistance to Firefighters Grant Program; (2) Fire Prevention and Safety Grant Program; (3) Staffing for Adequate Fire and Emergency Response Grant Program; (4) Nonprofit Security Grant Program; (5) Tribal Homeland Security Grant Program; (6) Emergency Management Performance Grant Program; (7) Operation Stonegarden; (8) State Homeland Security Program; (9) Urban Area Security Initiative; (10) Intercity Bus Security Grant Program; (11) Intercity Passenger Rail Program; (12) Port Security Grant Program; and (13) Transit Security Grant Program. VerDate Sep<11>2014 17:03 May 07, 2024 Jkt 262001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38911-38913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10042]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0027]


Programmatic/Class Floodplain Review Procedures for Specific 
Preparedness Grant Projects

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Final notice.

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

SUMMARY: On October 4, 2023, FEMA published a notice requesting public 
comment on its determination that a programmatic/class review is 
appropriate for six categories of activities, in specific grant 
programs that do not have an adverse impact, individually or 
cumulatively, on floodplain values placing property and persons at 
risk. FEMA received no comments and is now publishing final notice of 
its determination in compliance with Federal regulations.

FOR FURTHER INFORMATION CONTACT: Frederick Holycross, Coordinator, 
Grant Programs Directorate, Environmental Planning and Historic 
Preservation, FEMA, [email protected], or 202-812-4938.

SUPPLEMENTARY INFORMATION:

I. Background

    FEMA's floodplain management regulations are found at 44 CFR part 
9. Part 9 sets forth the policy, procedure, and responsibilities to 
implement and enforce Executive Order 11988, Floodplain Management.\1\ 
Part 9 sets forth an eight-step process which FEMA must follow when 
taking actions in floodplains \2\ which have the potential to affect 
floodplains or their occupants, or which are subject to potential harm 
by location in floodplains.\3\ FEMA completes the eight-step process 
for each action it is taking in a floodplain as part of the 
comprehensive environmental and historic preservation (EHP) compliance 
reviews that are required for all projects funded under its disaster 
and non-disaster grant programs.\4\
---------------------------------------------------------------------------

    \1\ ``This regulation sets forth the policy, procedure, and 
responsibilities to implement and enforce Executive Order 11988, 
Floodplain Management, and Executive Order 11990, Protection of 
Wetlands.'' 44 CFR 9.1.
    \2\ The 8-step process set forth in 44 CFR part 9 also governs 
agency actions that take place in wetlands.
    \3\ 44 CFR 9.5(a)(1).
    \4\ See generally FEMA's website at Environmental Planning and 
Historic Preservation for a description of the EHP process and the 
applicable regulations, directives, and legal mandates which govern 
it. (Last accessed on April 12, 2024.)
---------------------------------------------------------------------------

    For such actions, FEMA is required to take the following steps: (1) 
determine whether the proposed action is located in the 100-year 
floodplain (500-year floodplain for critical actions), and whether it 
has the potential to affect or be affected by the floodplain; \5\ (2) 
notify the public at the earliest possible time of the intent to carry 
out an action in a floodplain, and involve the affected and interested 
public in the decision-making process; (3) identify and evaluate 
practicable alternatives to locating the proposed action in a 
floodplain (including alternative sites, actions and the ``no action'' 
option); (4) identify the potential direct and indirect impacts 
associated with the occupancy or modification of floodplains and the 
potential direct and indirect support of floodplain development that 
could result from the proposed action; (5) minimize the potential 
adverse impacts and support to or within floodplains to be identified 
under Step 4, restore and preserve the natural and beneficial values 
served by floodplains; (6) reevaluate the proposed action to determine 
first, if it is still practicable in light of its exposure to flood 
hazards, the extent to which it will aggravate the hazards to others, 
and its potential to disrupt floodplain values and second, if 
alternatives preliminarily rejected at Step 3 are practicable in light 
of the information gained in Steps 4 and 5; (7) prepare and provide the 
public with a finding and public explanation of any final decision that 
the floodplain is the only practicable alternative; and (8)

[[Page 38912]]

review the implementation and post-implementation phases of the 
proposed action to ensure that the minimization requirements are fully 
implemented.\6\
---------------------------------------------------------------------------

    \5\ Any project considered for streamlined process will also be 
subject to a determination of whether the proposed action is located 
in a wetland and/or floodplain.
    \6\ 44 CFR 9.6.
---------------------------------------------------------------------------

    FEMA completes the eight-step process for each action it is taking 
in a floodplain as part of the comprehensive environmental and historic 
preservation (EHP) compliance reviews that are required for all 
projects funded under its disaster and non-disaster grant programs.\7\ 
The implementing guidance for E.O. 11988 (Guidelines) allows for an 
altered or shortened decision-making floodplain evaluation ``class 
review'' process for certain routine or recurring actions, known as 
repetitive actions.\8\ Class reviews or programmatic approaches allow 
for efficient and effective ways to meet EHP requirements, including 
floodplain reviews.
---------------------------------------------------------------------------

    \7\ See generally FEMA's website at Environmental Planning and 
Historic Preservation for a description of the EHP process and the 
applicable regulations, directives, and legal mandates which govern 
it. (Last accessed on April 12, 2024).
    \8\ See Guidelines for Implementing Executive Order 11988, 
Floodplain Management, and Executive Order 13690, Establishing a 
Federal Flood Risk Management Standard and a Process for Further 
Soliciting and Considering Stakeholder Input at 44.
---------------------------------------------------------------------------

    In considering whether to undertake such a review, the Guidelines 
instruct Federal agencies to examine past actions that have been 
reviewed on an individual basis with public notice and opportunity to 
comment.\9\ If the individual reviews have indicated uniformly that the 
actions would not have an adverse impact individually or cumulatively 
on floodplain values placing property and persons at risk, and little 
or no public comments to the contrary were received, a class review to 
streamline agency coordination and processing efforts may be 
appropriate.\10\ Agencies may conduct class reviews of routine or 
recurring actions when: (1) consideration of whether to locate in a 
floodplain is substantially similar; (2) there is no practicable 
alternative(s), consistent with any Executive Orders and applicable 
agency codes, to siting in a floodplain for each action within the 
class; and (3) all practical measures to minimize harm to the 
floodplain are included in the review criteria that, if followed, will 
minimize any adverse impacts that may be associated with the individual 
actions covered in the class review.\11\
---------------------------------------------------------------------------

    \9\ Id.
    \10\ Id.
    \11\ Id.
---------------------------------------------------------------------------

    FEMA reviewed six project categories from 13 grant programs and 
determined they were appropriate for the shortened class review 
procedures.\12\ For the specific project categories, FEMA completed 
steps 3-6 of the eight-step process by cumulatively considering the 
potential that the project types might directly or indirectly have 
adverse impacts to floodplains, might promote floodplain development 
directly or indirectly, and whether there could be any practicable 
alternative locations or actions. FEMA determined that the projects 
would not have direct or indirect adverse impacts to floodplains, would 
not promote floodplain development directly or indirectly, and that 
there were no practicable alternatives outside the floodplain. On 
October 4, 2023, FEMA published an initial notice of its determination; 
the comment period closed November 3, 2023, with no comments 
received.\13\
---------------------------------------------------------------------------

    \12\ See 88 FR 68644.
    \13\ 88 FR 68644.
---------------------------------------------------------------------------

II. Final Notice: Compliance With Step 7 of the Eight-Step Process

    Step 7 of the eight-step process requires FEMA to prepare and 
provide the public with a finding and public explanation of any final 
decision that the floodplain is the only practicable alternative for 
the identified actions.\14\ The final notice is required to include the 
following: (1) a statement of why the proposed action must be located 
in an area affecting or affected by a floodplain or a wetland; (2) a 
description of all significant facts considered in making this 
determination; (3) a list of the alternatives considered; (4) a 
statement indicating whether the action conforms to applicable State 
and local floodplain protection standards; (5) a statement indicating 
how the action affects or is affected by the floodplain and/or wetland, 
and how mitigation is to be achieved; (6) identification of the 
responsible official or organization for implementation and monitoring 
of the proposed action, and from whom further information can be 
obtained; and (7) a map of the area or a statement that such map is 
available for public inspection, including the location at which such 
map may be inspected and a telephone number to call for 
information.\15\
---------------------------------------------------------------------------

    \14\ 44 CFR 9.6(b); 9.12.
    \15\ 44 CFR 9.12(e).
---------------------------------------------------------------------------

    FEMA reviewed six project categories that must be located in the 
floodplain because the project categories involve modifications of 
structures or features that currently exist in the floodplain.\16\ 
Within these project categories, FEMA conducted a review of 570 project 
types funded through the Grant Programs Directorate \17\(GPD) from 2008 
to 2023 that previously received floodplain reviews on an individual 
basis. The results of those individual reviews indicate that these 
identified types of activities will not have an adverse impact on 
floodplain values and that the activities should remain in the 
floodplain because they support existing facilities or structures. FEMA 
did not receive public comments suggesting that there would be impacts 
or that the activities should not be located in the floodplain. FEMA 
did not consider alternative sites outside of the floodplain because 
the projects are small-scale security improvements or modifications 
made to existing facilities or structures. There are no practicable 
alternatives because the existing facility or structure would need to 
be relocated outside the floodplain and no alternative actions would 
serve the same purpose and have less potential to affect or be affected 
by the floodplain.
---------------------------------------------------------------------------

    \16\ See 88 FR 68644; FEMA's class review does not apply to 
actions located in regulatory floodways or coastal high hazard 
areas, including V/VE Zones; construction of new buildings, 
structures, infrastructure or facilities.
    \17\ GPD's mission is to deliver and support grant programs that 
help the Nation before, during and after disasters to make the 
country more resilient. GPD administers and manages FEMA grants to 
ensure critical and measurable results for customers and 
stakeholders, while also ensuring transparency in the grant process; 
consolidates the grant business operations, systems, training, 
policy and oversight of all FEMA grants; establishes and promotes 
consistent outreach and communication with State, local, Tribal and 
territorial (SLTTs) stakeholders; and offers information about 
FEMA's preparedness grants funding provided to SLTT governments in 
the form of non-disaster grants. For more information, please visit 
https://www.fema.gov/about/offices/grant-programs.
---------------------------------------------------------------------------

    FEMA will condition grant funding for the listed activities in 
accordance with local floodplain ordinances and applicable codes and 
standards. The activities will not alter floodplain characteristics nor 
materially extend the life of existing structures or facilities. The 
activities will not modify the floodplain or increase the risk of flood 
loss. Construction associated with the listed activities may create 
short term, direct adverse impacts through the discharge of runoff 
water containing pollutants and sediment into a floodplain. The 
installation of temporary structures may create temporary, direct 
impacts to the floodplain by affecting flow characteristics and by 
capturing debris. However, mitigation of the short-term, direct adverse 
impacts associated with construction activities will be achieved 
through the application of typical construction practices including 
runoff controls.
    For covered activities in participating National Flood Insurance 
Program

[[Page 38913]]

(NFIP) communities, FEMA will require a floodplain development permit 
or documentation from the local floodplain administrator that the work 
is consistent with NFIP requirements.\18\ FEMA will include a condition 
for all projects located in the floodplain that the Recipient and sub 
recipient must coordinate with the local floodplain administrator/
permitting official to obtain any required permitting. Further 
information about these activities can be obtained from GPD, at 
[email protected]. When FEMA provides funding for these 
activities, a map of the location may be available at 
[email protected].
---------------------------------------------------------------------------

    \18\ Created by Congress in 1968, the NFIP provides insurance to 
help reduce the socio-economic impact of floods. Flood insurance is 
a separate policy that can cover buildings, the contents in a 
building, or both. The NFIP provides flood insurance to property 
owners, renters, and businesses, and having this coverage helps them 
recover faster when floodwaters recede. The NFIP is a public-private 
partnership between the Federal Government, the property and 
casualty insurance industry, States, local officials, lending 
institutions, and property owners. The NFIP is administered by FEMA, 
while insurance policies are sold and serviced by a network of more 
than 50 insurance companies and the NFIP Direct. For more 
information, please visit floodsmart.gov.
---------------------------------------------------------------------------

    This serves as FEMA's final public notice that the floodplain is 
the only practicable alternative for the six categories of activities 
in the thirteen specified grant programs identified in its October 4, 
2023 initial notice.\19\ Pursuant to 44 CFR 9.12(f), FEMA will wait 15 
days from the date of this determination to carry out any actions 
subject to this notice.
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    \19\ 88 FR 86844; the non-disaster preparedness grant programs 
to which FEMA's determination applies are as follows: (1) Assistance 
to Firefighters Grant Program; (2) Fire Prevention and Safety Grant 
Program; (3) Staffing for Adequate Fire and Emergency Response Grant 
Program; (4) Nonprofit Security Grant Program; (5) Tribal Homeland 
Security Grant Program; (6) Emergency Management Performance Grant 
Program; (7) Operation Stonegarden; (8) State Homeland Security 
Program; (9) Urban Area Security Initiative; (10) Intercity Bus 
Security Grant Program; (11) Intercity Passenger Rail Program; (12) 
Port Security Grant Program; and (13) Transit Security Grant 
Program.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-10042 Filed 5-7-24; 8:45 am]
BILLING CODE 9111-78-P
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