[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Proposed Rules]
[Page 67697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21093]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Ch. I

[Docket ID FEMA-2023-0026]
RIN 1660-AB12


FEMA Proposed Policy: Federal Flood Risk Management Standard 
(FFRMS)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting 
comments on the proposed FEMA policy, Federal Flood Risk Management 
Standard (FFRMS). This proposed policy would provide detail, consistent 
with applicable regulations, on applicability, processes, resources, 
and responsibilities for implementing the FFRMS as part of FEMA's 8-
step decision making process for carrying out the directives of 
Executive Order 11988, Floodplain Management, as amended.

DATES: Comments must be received by December 1, 2023.

ADDRESSES: You may submit comments, identified by Docket ID: FEMA-2023-
0026, via the Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Portia Ross, Policy and Integration 
Division Director, Office of Environmental Planning and Historic 
Preservation, Resilience, DHS/FEMA, 400 C St. SW, Suite 313, 
Washington, DC 20472-3020. Phone: (202) 709-0677; Email: [email protected].

SUPPLEMENTARY INFORMATION: FEMA is proposing to issue a policy 
complementary to 44 CFR part 9, Floodplain Management and Protection of 
Wetlands, which governs FEMA's implementation the Federal Flood Risk 
Management Standard (FFRMS). This policy would facilitate 
implementation of FFRMS and bolster the resilience of communities and 
Federal assets against the impacts of flooding.
    Consistent with a proposed rule that is published elsewhere in this 
issue of the Federal Register, this proposed policy would require that 
FEMA determine the appropriate vertical flood elevation and 
corresponding horizontal FFRMS floodplain for Actions Subject to the 
FFRMS using either the Climate Informed Science Approach (CISA), the 
Freeboard Value Approach (FVA), or the 0.2 Percent Annual Chance Flood 
Approach (0.2PFA). Under the proposed policy, FEMA would determine the 
FFRMS flood elevation and corresponding FFRMS floodplain according to 
CISA for all locations where CISA is available where the best-
available, actionable hydrologic and hydraulic data and methods that 
integrate current and future changes in flooding based on climate 
science exist. When using CISA, for non-critical actions the FFRMS 
floodplain would be at least as restrictive as the 1% annual chance 
(AC) flood elevation and corresponding horizontal floodplain, and for 
critical actions the FFRMS floodplain would be at least as restrictive 
as the 0.2% AC flood elevation and corresponding horizontal floodplain. 
For locations where CISA is not available and actionable, FEMA would 
determine the FFRMS elevation and FFRMS floodplain for non-critical 
actions by using the area that would be inundated by the lower of the 
0.2% AC flood or +2-foot FVA. For critical actions, FEMA would 
determine the FFRMS elevation and FFRMS floodplain using the area that 
would be inundated by the higher of the 0.2% AC flood or +3-foot FVA. 
(For locations where information about the elevation and/or extent of 
the 0.2% AC floodplain is not available, the FFRMS floodplain would be 
the +3-foot FVA for critical actions and +2-foot FVA for non-critical 
actions).
    This policy would also outline FEMA's process to identify actions 
that may receive substantial damage or substantial improvement 
determinations, require consideration of natural features and nature-
based approaches as alternatives to a proposed action, explain 
requirements to minimize flood risk, and encourage early coordination 
when multiple Federal agencies are jointly engaged in an action to 
ensure a consistent approach to determine which floodplain 
determination is applied.
    Authority: Executive Order 11988, Floodplain Management, as amended 
and implementing regulations of 44 CFR part 9, among other authorities 
listed in the proposed policy.

Deanne B. Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-21093 Filed 9-29-23; 8:45 am]
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