[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 953-954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-356]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 10

RIN 3067-AC21

 

Environmental Considerations/Categorical Exclusions

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim rule.

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SUMMARY: This interim rule amends 44 CFR 10 by adding certain purchases 
of flooded properties to the list of actions that FEMA categorically 
excludes from reviews under the National Environmental Policy Act 
(NEPA). Such purchases historically have no significant environmental 
effects. The intent of the change is to streamline the administrative 
process associated with implementation of hazard mitigation projects 
involving the purchase of flooded properties. The change ensures that 
environmental concerns and issues are still satisfied.

EFFECTIVE DATE: January 7, 1994. We invite comments on the interim 
rule, which must be received on or before March 8, 1994.

ADDRESSES: Please submit any written comments to the Rules Docket 
Clerk, Office of the General Counsel, Federal Emergency Management 
Agency, 500 C Street, SW., room 714, Washington, DC 20472, (fax) (202) 
646-4536.

FOR FURTHER INFORMATION CONTACT: Laurence Zensinger, Mitigation 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-4240.

SUPPLEMENTARY INFORMATION: FEMA developed this categorical exclusion 
for property acquisition in response to suggestions for expanding 
FEMA's existing list of projects warranting categorical exclusions 
(CATEX) that FEMA lists at 44 CFR 10.8(c)(2). The intent of the change 
is to streamline the administrative process associated with approving 
hazard mitigation projects that involve the purchase of properties (and 
conversion to open space use of the land on which such properties are 
located) that floods damage. Based on the nature and history of such 
projects under normal circumstances there will be no significant 
environmental effects.
    FEMA conducted a comprehensive review of its environmental actions 
before developing this interim rule. The Agency carries out hazard 
mitigation activities primarily under section 1362 of the National 
Flood Insurance Act of 1968, as amended, 42 U.S.C. 4103, but also under 
section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, as amended, 42 U.S.C. 5170c. Our review of 
environmental actions shows that FEMA's hazard mitigation activities 
relating to the conversion of property to open space use consistently 
result in Findings of No Significant Impact. Hazard mitigation 
relocation projects under normal circumstances do not have a 
significant environmental impact because they involve acquisition of 
properties to remove flooded structures from flood-prone areas and to 
revert the land to open space use. FEMA now adds 44 CFR 10.8(c)(2)(x) 
to authorize categorical exclusions (``CATEX'') covering acquisition of 
properties that will have no significant environmental effects after 
acquisition and return of the land to its natural state. The new CATEX 
will only apply to those actions that involve acquisition of property 
and will not apply to any project involving the development of another 
site. The new CATEX will not apply in those situations described under 
the existing FEMA regulation, 44 CFR 10.8(b)(2), entitled ``Actions 
That Normally Require an Environmental Impact Statement,'' or in 
situations involving extraordinary circumstances where FEMA's 
regulations normally require an Environmental Assessment. See 44 CFR 
10.8(e).
    In addition, the new CATEX will not affect FEMA's responsibility to 
comply with other environmental statutes. These include the Clean Air 
Act, the Clean Water Act, the Resource Conservation and Recovery Act, 
the Comprehensive Environmental Response, Compensation and Liability 
Act, the Coastal Zone Management Act, the Coastal Barrier Resources 
Act, the Endangered Species Act, the National Historic Preservation 
Act, and the Archeological and Historic Preservation Act. Nor will it 
affect FEMA's responsibilities under Executive Orders 11988 and 11990, 
or under FEMA's implementing regulations at 44 CFR 9, and FEMA's 
National Flood Insurance Program regulations at 44 CFR 59 through 77.
    This interim rule is immediately effective because States and 
communities are acquiring properties more frequently than before to 
resolve public health and safety concerns following the Great Flood of 
1993 in nine midwestern States. Significant numbers of flooded 
properties must be acquired swiftly to avoid flooding the same 
properties again soon, with new and additional threats to public health 
and safety.

National Environmental Policy Act

    The requirements of 44 CFR part 10, Environmental Consideration, 
exclude this rule. FEMA has not prepared an environmental impact 
assessment.

Regulatory Flexibility Act

    I certify that this rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq. The rule adds one category to 
FEMA's categorical exclusions from reviews under the National 
Environmental Policy Act, and FEMA does not expect the rule (1) to 
affect adversely the availability of disaster assistance funding to 
small entities, (2) to have significant secondary or incidental effects 
on a substantial number of small entities, or (3) to create any 
additional burden on small entities.

Regulatory Impact Analysis

    This rule is not a major rule for the purposes of Executive Order 
12291, Federal Regulation, February 17, 1981, 3 CFR, 1981 Comp., p. 
127. FEMA has not prepared a regulatory impact analysis.

Paperwork Reduction Act

    This rule does not involve any collection of information for 
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

    This rule involves no policies that have federalism implications 
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987 
Comp., p. 252.

Executive Order 12778, Civil Justice Reform

    This rule meets the applicable standards of section 2(b)(2) of 
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991 
Comp., p. 309.

List of Subjects in 44 CFR Part 10

    Environmental impact statements

    Accordingly, 44 CFR Part 10 is amended to read as follows:
    1. The authority citation for Part 10 is revised to read as 
follows:

    Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970, 
35 FR 4247, as amended by E.O. 11991, 3 CFR, 1977 Comp., p. 123; 
Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12127, 3 
CFR, 1979 Comp., p. 376; and E.O. 12148, 3 CFR, 1979 Comp., p. 412, 
as amended.

    2. Section 10.8(c)(2) is amended by adding a new paragraph 
(c)(2)(x) to read as follows:


Sec. 10.8  [Amended]

* * * * *
    (c) * * *
    (2) * * *
    (x) The acquisition of properties under section 1362 of the 
National Flood Insurance Act of 1968, as amended, under section 404 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 
and under any other applicable authority when the acquisition is from a 
willing seller, the buyer coordinated acquisition planning with 
affected authorities, and the acquired property will be dedicated in 
perpetuity to uses that are compatible with open space, recreational, 
or wetlands management practices.

    Dated: January 3, 1994.
James L. Witt,
Director.
[FR Doc. 94-356 Filed 1-6-94; 8:45 am]
BILLING CODE 6718-01-P