[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Notices]
[Pages 24328-24329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11210]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0012]


Record of Decision for the Final National Flood Insurance Program 
Nationwide Programmatic Environmental Impact Statement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability of the Record of Decision for the final 
nationwide programmatic environmental impact statement.

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SUMMARY: The Federal Emergency Management Agency (FEMA) announces the 
availability of the Record of Decision (ROD) for the final nationwide 
programmatic environmental impact statement (NPEIS) evaluating the 
environmental impacts of proposed modifications to the National Flood 
Insurance Program (NFIP). The NPEIS was completed in accordance with 
the National Environmental Policy Act (NEPA) of 1969, as amended, the 
Council on Environmental Quality's (CEQ's) regulations for implementing 
the procedural provisions of NEPA, and FEMA's Directive 108-1 
``Environmental Planning and Historic Preservation Responsibilities and 
Program Requirements.''

ADDRESSES: Electronic versions of the ROD are available for viewing at 
FEMA's website at https://www.fema.gov/programmatic-environmental-impact-statement.

FOR FURTHER INFORMATION CONTACT: For more information on the ROD, 
contact Bret Gates, FEMA, Federal Insurance and Mitigation 
Administration, Floodplain Management Division, 400 C Street SW, 
Washington, DC 20472, or

[[Page 24329]]

via email at [email protected], or by phone at 202-646-2780.

SUPPLEMENTARY INFORMATION: Development of the NFIP NPEIS began with 
publication of the Notice of Intent in the Federal Register on May 16, 
2012. (77 FR 28891) The evaluation process included the NFIP 
Stakeholder Listening Session with key stakeholders in November 2009. 
In addition, FEMA conducted two public meetings in December 2010 and 
opened a public comment period on four alternatives for NFIP Reform. 
Comments received were considered part of the scoping process for this 
NPEIS. Additionally, FEMA held three public webinars in April and May 
of 2014 to further the scoping process. (79 FR 16354, March 25, 2014)
    Publication of the draft NPEIS on April 7, 2017 included a 60-day 
comment period with public meetings and webinars to obtain comments on 
the document. (82 FR 17023) FEMA accepted comments on the draft NPEIS 
until June 6, 2017. Comments on the draft NPEIS were incorporated, as 
appropriate, into the final NPEIS (see Appendix M).
    Publication of the final NPEIS on November 3, 2017 (82 FR 51286) 
initiated a 30-day hold period for the final NPEIS that ended on 
December 3, 2017. A summary of the comments received on the final NPEIS 
and explanations as to why changes to the NPEIS were not warranted is 
included in the ROD.
    The 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 final 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.
    The final NPEIS considered four alternatives and described the 
potential environmental effects of each alternative. With this notice 
FEMA is announcing the availability of the ROD on the actions to be 
taken, including potential mitigation measures, and its intent to 
implement the Preferred Alternative from the NFIP's final NPEIS. The 
preferred alternative consists of the following program modifications:

--Preferred Alternative 2 (Legislatively Required Changes, Floodplain 
Management Criteria Guidance, and Letter of Map Change [LOMC] 
Clarification) (Preferred Alternative)

    [cir] Phase out of subsidies on certain pre-Flood Insurance Rate 
Map (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] 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.
    The ROD is available for viewing at https://www.fema.gov/programmatic-environmental-impact-statement.

    Authority: 42 U.S.C. 4331 et seq.; 40 CFR part 1500; FEMA 
Instruction 108-1-1.

    Dated: May 18, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-11210 Filed 5-24-18; 8:45 am]
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