[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68644-68646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22005]
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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: Notice; request for comments.
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SUMMARY: The Federal Emergency Management Agency (FEMA) is publishing
this notice to document and request comments 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.
DATES: Comments must be received by November 3, 2023.
ADDRESSES: You may submit comments, identified by Docket ID FEMA-2023-
0027 via the Federal eRulemaking Portal at https://www.regulations.gov.
Search for and follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Frederick Holycross, Coordinator,
Grant Programs Directorate, Environmental Planning and Historic
Preservation, FEMA, [email protected], or 202-212-8007.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this ``Class
Review Procedures for Specific Preparedness Grant Projects'' by
submitting comments and related materials. We will consider all
comments and material received during the comment period.
If you submit a comment, include the Docket ID FEMA-2023-0027
indicate the specific section of this document to which each comment
applies, and give the reason for each comment. All submissions may be
posted, without change, to the Federal e-Rulemaking Portal at http://www.regulations.gov and will include any personal information you
provide. Therefore, submitting this information makes it public. For
more about privacy and the docket, visit http://www.regulations.gov.
Viewing comments and documents: For access to the docket to read
background documents or comments received, go to the Federal e-
Rulemaking Portal at http://www.regulations.gov.
II. Background
FEMA's floodplain management regulations are found at Part 9 of the
Code of Federal Regulations. Part 9 sets forth the policy, procedure
and responsibilities to implement and enforce Executive Order 11988,
Floodplain Management.\1\ Part 9 sets forth an 8-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\
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\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).
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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; (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) review the
implementation and post-implementation phases of the proposed action to
ensure that the minimization requirements are fully implemented.\4\
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\4\ 44 CFR 9.6.
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FEMA completes the 8-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.\5\
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.\6\
[[Page 68645]]
Class reviews or programmatic approaches allow for efficient and
effective ways to meet EHP requirements, including floodplain reviews.
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\5\ 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 6/16/2023).
\6\ 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.
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In considering whether to undertake such a review, the Guidelines
instruct agencies to examine past actions that have been reviewed on an
individual basis with public notice and opportunity to comment.\7\ 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.\8\
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.\9\
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\7\ Id.
\8\ Id.
\9\ Id.
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III. Floodplain Review Procedures for Specific Preparedness Grant
Projects
FEMA funds certain routine or repetitive certain routine or
repetitive small-scale activities under a number of preparedness grant
programs administered by its Grant Programs Directorate (GPD).\10\ FEMA
reviewed six project categories from thirteen GPD grant programs and
determined they were appropriate for the shortened class review
procedures. Specifically, FEMA's determination applies to the following
six categories of activities funded under thirteen preparedness grant
programs:\11\
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\10\ 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.
\11\ 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.
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(1) Temporary Structures
a. Installation of temporary removable barriers
(2) Recreation and Landscaping
a. Repairs, replacement and minor upgrades to security equipment at
recreational facilities.
b. Repair, in-kind replacement, and minor upgrades to existing
landscaping elements (e.g., bollards, planters, lighting elements,
signs) that do not require additional ground disturbance.
(3) Buildings--Interior
a. Building contents, including furniture, movable partitions,
computers, cabinetry, supplies and equipment, and any other moveable
items.
b. Changes to interior structural elements (e.g., floors, walls,
ceilings).
c. Installation, repair, or replacement of equipment including
electronic equipment, electronic whiteboards, televisions and wall
monitors, radios, self-contained breathing apparatus, gear washers and
dryers.
d. Installation, repair, or replacement of building communication
and surveillance security systems, such as cameras, closed-circuit
television, alarm systems, and public address systems and warning
sirens.
e. Installation, repair, or replacement of building access security
devices, such as card readers, enhanced locks, and security scanners
(e.g., metal detectors), motion sensors, panic buttons, and access
control equipment.
f. Installation, repair or replacement of interior fire detection,
fire suppression or security alarm systems.
g. Installation, repair, upgrading or replacement, of interior
utility systems, including mechanical (e.g., heating, ventilation, air
conditioning), electrical, and plumbing systems, ventilation units, air
handler units including the associated ductwork and electric conduits.
(4) Windows and Doors
a. Repair or replacement of windows, windowpanes, window frames,
shutters, storm shutters, doors, and door frames, and associated
hardware, or installation of window blast protection film or security
bars.
b. Installation, repair, or replacement of doors, door frames,
locks or access control equipment.
(5) Exterior Security Features
a. Installation, repair, or replacement of exterior lighting
systems, cameras, or early warning systems.
b. Repair or replacement of above-ground bollards or tire puncture
treadles that do not require ground disturbance.
(6) Transportation, Utilities, and Communication Systems
a. Installation, repair, or replacement of license plate readers,
emergency warning sirens, or emergency notification signs.
b. Repair, replacement, minor upgrading, small scale realignment
and elevation of utilities and associated features and structures.
c. Repair or minor upgrade of water towers.
d. Collocation of antennas, communication or security equipment on
existing buildings, structures, poles or communication towers.
e. Enhancement or repair of existing communication towers and
antenna supports.
This 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; or any activity that does not clearly fall within the
categories of activities listed above.
Compliance With Step 1 of the 8-Step Process
Step 1 of the 8-Step Process requires FEMA to 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. For the purpose of this
determination, FEMA assumed that all of the activities listed above
might be located in the 100-year floodplain (or the 500-year floodplain
for critical actions). FEMA also noted that most sites would be located
in a NFIP participating community and therefore locatable on a Flood
Insurance Rate Map (FIRM). The activities discussed herein are
generally actions that do not constitute new construction or
substantial improvement. Therefore,
[[Page 68646]]
flood hazard area of consideration is the 1-percent-annual-chance area.
Compliance With Step 2 of the 8-Step Process
Step 2 of the 8-step process requires FEMA to notify the public at
the earliest possible time of the intent to carry out an action in a
floodplain or wetland, and involve the affected and interested public
in the decision-making process.\12\
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\12\ 44 CFR 9.6(b).
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FEMA is providing cumulative notice of approval for project
categories specified here. A cumulative notice addresses several
actions in one notice or series of notices.\13\ FEMA may base its
determination of appropriate notice of actions within the floodplain,
including whether to issue a cumulative notice, on several factors,
including but not limited to: (i) scale of the action; (ii) potential
for controversy; (iii) degree of public need; (iv) number of affected
agencies and individuals; and (v) its anticipated potential impact.\14\
A cumulative notice addresses several actions in one notice or series
of notices.
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\13\ 44 CFR 9.8(c)(7).
\14\ 44 CFR 9.8(c)(3).
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Here, each category of action covered by this determination is
small-scale with little or no potential to affect the floodplain or be
affected by floods; no similar actions in the past have been considered
controversial by any community, organization or individual, nor is it
anticipated that future actions of this kind will be controversial;
each action serves an important community need to bolster the
preparedness and security of existing facilities; each action affects a
limited number of agencies or individuals on a facility-wide and local
basis; and, as described further below, the anticipated impact to the
floodplain is very low. FEMA will continue to carry out individual
public notices for actions that do not meet these factors. At this
time, upon consideration of the factors identified above, FEMA provides
cumulative notice for the aforementioned small-scale projects pursuant
to 44 CFR 9.8(c)(3).
For those projects deemed large scale, impacting a large number of
agencies or individuals, and those projects whose anticipated impacts
are beyond the scale of projects listed here, FEMA will continue to
carry out individual public notice.
Compliance With Steps 3-6 of the 8-Step Process
For the above-listed activities funded under the thirteen
referenced grant programs, FEMA completed Steps 3-6 of the 8-step
process by cumulatively considering their direct and indirect adverse
impacts to floodplains associated with the occupancy and modification
of floodplains, the potential to promote floodplain development
directly or indirectly, and whether there could be any practicable
alternative locations or actions. The actions covered by this notice do
not involve new construction or substantial improvements to existing
structures in the floodplain. Rather, these actions consist of minor
alterations to existing facilities and are primarily comprised of the
installation of new security equipment in or on existing buildings or
structures, replacement of existing security equipment, or repair of
existing buildings or structures. The potential for additional effects
on the floodplain, and the potential for additional effects from a
flood, are negligible given that these small-scale material changes
would make up a small percentage of new materials in relation to the
existing materials of the existing facility. The actions are
additionally minimized because they do not result in ground disturbance
or make material changes to the floodplain that would affect or be
affected by flood waters.
Additionally, these actions shall be conditioned to be in
accordance with local floodplain ordinances and applicable codes and
standards which may include minimization measures. The actions would
require only short-term construction activity, minimizing the potential
impacts of additional construction traffic or discharge of pollutants
from building activities. The actions will not have adverse effects
that can lead to the degradation and loss of natural functions and
habitat because they do not include clearing vegetation, placing fill,
covering floodplains with impervious surfaces, rerouting stormwater,
increasing pollution sources, or channelizing rivers, or similar
harmful actions. Finally, these actions will not have direct or
indirect detrimental effects on the quantity and quality of floodplain
habitats used by fish and other wildlife and will not reduce habitat
complexity or prey availability, modify hydrology, reduce bank
stability, or increase erosion, pollution, water temperature or the
risk of downstream wildlife displacement. This determination is in
keeping with FEMA's treatment of these actions in other areas of the
EHP process; FEMA has determined that each of these small-scale actions
is not significant enough to require preparation of an environmental
assessment because each of them meets a categorical exclusion under
Department of Homeland Security's Instruction Manual 023-01-001-01,
Revision 01, Implementation of the National Environmental Policy Act
(NEPA).
The majority of the covered actions are small enhancements to
existing facilities that do not materially extend the life of the
facility to which they are associated or promote future development of
the floodplain. Because these actions involve repairs to existing
facilities already located in the floodplain, there are no practicable
alternatives outside of the floodplain.
The facilities enhanced by these smaller projects are located
within the floodplain. Given that the covered actions occur when an
existing facility is enhanced by smaller fixtures, FEMA determined
there is a very low risk of adverse effects from these actions. That
determination and completing this cumulative initial notice will
provide time and cost savings.
Compliance With Step 7 of the 8-Step Process
Step 7 of the 8-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. FEMA will publish a final public notice for the
described actions after comments from the public are received and
considered. Other actions and those involving facilities that do not
meet the listed criteria are required to undergo the complete Eight-
Step process, including project-specific public notices.
Compliance With Step 8 of the 8-Step Process
Step 8 of the 8-Step Process requires FEMA to review the
implementation and post-implementation phases of the proposed action to
ensure that the minimization requirements are fully implemented. FEMA
will integrate all implementation and oversight responsibility into
existing GPD processes for project grant review, award, award
administration and closeout.
Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-22005 Filed 10-3-23; 8:45 am]
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