[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.

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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 [email protected], 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