[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Notices]
[Pages 10331-10332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03352]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0010; OMB No. 1660-0033]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Residential Basement Floodproofing 
Certification

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

ACTION: 30 Day reinstatement notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its 
continuing effort to reduce paperwork and respondent burden, invites 
the general public to take this opportunity to comment on a 
reinstatement, without change, of a previously approved information 
collection for which approval has expired. FEMA will submit the 
information collection abstracted below to the Office of Management and 
Budget (OMB) for review and clearance in accordance with the 
requirements of the Paperwork Reduction Act of 1995. The submission 
will describe the nature of the information collection, the categories 
of respondents, the estimated burden (i.e., the time, effort and 
resources used by respondents to respond) and cost, and the actual data 
collection instruments used.

DATES: Comments must be submitted on or before March 22, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection should be made to Director, 
Information Management Division, email address [email protected] or Joycelyn Collins, Underwriting 
Branch Program Analyst, Federal Insurance Directorate, 
[email protected], 202-701-3383.

SUPPLEMENTARY INFORMATION: Congress created the National Flood 
Insurance Program (NFIP) through enactment of the National Flood 
Insurance Act of 1968 (NFIA) (Title XIII of Pub. L. 90-448, 82 Stat. 
476), found at 42 U.S.C. 4001 et seq. The NFIP is a Federal program 
enabling property owners in participating communities to purchase 
insurance as a protection against flood losses in exchange for state 
and community floodplain management requirements that reduce the risk 
of future flood damages. Communities participate in the NFIP based on 
an agreement between the community and FEMA. If a community adopts and 
enforces a floodplain management ordinance to reduce future flood risk 
to new construction in floodplains, FEMA will make flood insurance 
available within the community as a financial protection against flood 
losses. Accordingly, the NFIP is comprised of three key activities: 
Flood insurance, floodplain management, and flood hazard mapping.
    As part of the minimum floodplain management requirements 
established by FEMA, NFIP participating communities generally must 
require that all new construction and substantial improvements of 
residential structures within areas identified by FEMA as Special Flood 
Hazard Areas (SFHA) Zones A1-30, AE and AH zones have the lowest floor, 
including the basement, elevated to or above the base flood level. See 
44 CFR 60.3(c)(2). However, FEMA may grant exceptions to this 
requirement to communities that are not subject to tidal flooding, 
given the communities adopt standards for floodproofed residential 
basements below the base flood. 44 CFR 60.6(c). Communities requesting 
this exception must demonstrate that ``areas of special flood hazard in 
which basements will be permitted are subject to shallow and low 
velocity flooding and that there is adequate flood warning time to 
ensure that all residents are notified of impending floods.'' 44 CFR 
60.6(c)(1).
    Communities seeking the exception must also adopt certain 
floodplain management measures regarding the floodproofing of 
basements. See 44 CFR 60.6(c)(2). Such measures include that a 
professional engineer or architect inspect new or substantially 
improved buildings with basements and ``certify that the basement 
design and methods of construction proposed are in accordance with 
accepted standards of practice for meeting the [residential basement 
floodproofing requirements]. 44 CFR 60.6(c)(2)(iv). This proposed 
information collection consists of the ``Residential Basement 
Floodproofing Certificate,'' which is used to document compliance with 
44 CFR 60.6(c)(2)(iv).
    This proposed information collection previously published in the 
Federal Register on April 7, 2020, at 85 FR 19496 with a 60-day public 
comment period. FEMA received three comments germane to this 
information collection (FEMA-2020-0010-0004; FEMA-2020-0010-0005; and 
FEMA-2020-0010-0003). FEMA considers one comment non-germane to the 
information collection because it merely reads ``Docket ID FEMA 2020-
0010 OMB 1660-0033''.
    In the first germane comment, FEMA-2020-0010-0004, the anonymous 
commenter recommended that ``[t]he form should be updated/reviewed to 
reflect/evaluate whether or not all or any of the April 2020 Flood 
Insurance Manual changes for floodproofing rating credit apply; based 
on the Flood Insurance Manual the updated guidance appears to be 
specific to nonresidential.'' FEMA reviewed the April 2020 Flood 
Insurance Manual (available at https://go.usa.gov/xwGu2) and found that 
it only reflected changes to non-residential floodproofing 
requirements. This information collection applies only to residential 
basement floodproofing requirements, so FEMA finds no reason to adjust 
this information collection based on changes to the April 2020 Flood 
Insurance Manual.
    In the second germane comment, FEMA-2020-0010-0005, the anonymous 
commenter recommended

[[Page 10332]]

that `` `walls that are impermeable to the passage of water without 
human intervention' should be `walls that are substantially impermeable 
to the passage of water without human intervention.' '' FEMA disagrees 
with the commenter's recommendation because it deviates from the 
requirements of 44 CFR 60.6(c)(2)(i). Under applicable regulations, if 
FEMA allows a community to allow floodproofed residential basements 
pursuant to 44 CFR 60.6(c), the community must require that new 
residential construction ``be designed and built so that any basement 
area, together with attendant utilities and sanitary facilities below 
the floodproofed design level, is watertight with walls that are 
impermeable to the passage of water without human intervention.'' 44 
CFR 60.6(c)(2)(i) (emphasis added). This language is mirrored in the 
current information collection. FEMA believes that the commenter may be 
confusing the requirements applicable to basements in non-residential 
buildings at 44 CFR 60.3(c)(3). This regulation states in part, that 
buildings ``be designed so that below the base flood level the 
structure is watertight with walls substantially impermeable to the 
passage of water . . .'' (emphasis added). These requirements do not 
apply to this information collection.
    In the third germane comment, FEMA-2020-0010-0003, a former 
Executive Director of the Association of State Floodplain Managers 
(ASFPM) generally commented that ASFPM supports the continuation of the 
information collection, but he had concerns regarding how the form is 
used and the applicable regulations. First, the commenter expressed 
concern that individuals were submitting Residential Basement 
Floodproofing Certification forms for buildings located in communities 
not eligible to allow the construction of floodproofed residential 
basements. The commenter suggested adding a clear statement on FEMA's 
website to download the form that submission of a Residential Basement 
Floodproofing Certification form is only appropriate in certain 
eligible communities. Based on this comment, FEMA will add the 
recommended statement on the appropriate websites to help individuals 
avoid unnecessarily completing the form. Second, the commenter 
suggested enhancing FEMA's oversight of community compliance with the 
regulations concerning residential basement floodproofing at 44 CFR 
60.6(c). FEMA is committed to ensuring the proper oversight of 
community compliance with the NFIP's floodplain management regulations 
and will ensure that communities' continued compliance with 44 CFR 
60.6(c) is part of that oversight. Third, the commenter suggested that 
FEMA work with the United States Army Corps of Engineers to provide 
technical assistance and guidance on floodproofing basements. FEMA will 
consider providing additional assistance in the future. Fourth, the 
commenter recommended that if FEMA were to end the Residential Basement 
Floodproofing program, FEMA should develop a policy to address the 
status of homes that would no longer comply with floodplain management 
requirements as a result. FEMA does not plan to end this program at 
this time, but will take this comment under advisement if FEMA does 
discontinue the program in the future.
    This information collection expired on April 30, 2020. FEMA is 
requesting a reinstatement, without change, of a previously approved 
information collection for which approval has expired. This notice is 
to notify the public that FEMA will submit the information collection 
abstracted below to OMB for review and clearance.

Collection of Information

    Title: Residential Basement Floodproofing Certification.
    Type of Information Collection: Reinstatement, without change, of a 
previously approved collection for which approval has expired.
    OMB Number: 1660-0033.
    Form Titles and Numbers: FEMA Form 086-0-24, Residential Basement 
Floodproofing Certification.
    Abstract: The Residential Basement Floodproofing Certification, 
completed by a registered professional surveyor, engineer, or 
architect, is required to certify that floodproofing of a structure 
meets at least minimal floodproofing specifications. Residential 
structures that receive this certification are granted reduced rates on 
flood insurance premiums.
    Affected Public: Businesses or other for profit.
    Estimated Number of Respondents: 100.
    Estimated Number of Responses: 100.
    Estimated Total Annual Burden Hours: 325.
    Estimated Total Annual Respondent Cost: $21,525.
    Estimated Respondents' Operation and Maintenance Costs: $35,000.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $3,543.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption 
above. Comments are solicited to (a) evaluate whether the proposed data 
collection is necessary for the proper performance of the agency, 
including whether the information shall have practical utility; (b) 
evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) enhance the quality, utility, and 
clarity of the information to be collected; and (d) minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.

Millicent Brown,
Senior Manager, Records Management Branch, Office of the Chief 
Administrative Officer, Mission Support, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 2021-03352 Filed 2-18-21; 8:45 am]
BILLING CODE 9110-52-P