68644 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

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. 

2The 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). 

4 44 CFR 9.6. 

5See 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). 

6See Guidelines for Implementing Executive 

Order 11988, Floodplain Management, and 

Executive Order 13690, Establishing a Federal 

and guidelines for (a) flood insurance 

rate maps, and (b) data accuracy, data 

quality, data currency, and data 

eligibility; (3) how to maintain, on an 

ongoing basis, flood insurance rate maps 

and flood risk identification; (4) 

procedures for delegating mapping 

activities to State and local mapping 

partners; and (5) (a) methods for 

improving interagency and 

intergovernmental coordination on 

flood mapping and flood risk 

determination, and (b) a funding 

strategy to leverage and coordinate 

budgets and expenditures across Federal 

agencies. Furthermore, the TMAC is 

required to submit an annual report to 

the FEMA Administrator that contains: 

(1) a description of the activities of the 

Council; (2) an evaluation of the status 

and performance of flood insurance rate 

maps and mapping activities to revise 

and update Flood Insurance Rate Maps; 

and (3) a summary of recommendations 

made by the Council to the FEMA 

Administrator. 

Agenda: The purpose of this meeting 

is for the TMAC members to discuss the 

content of the 2023 TMAC Annual 

Report. Any related materials will be 

available upon request prior to the 

meeting to provide the public with an 

opportunity to review the materials. The 

full agenda and related meeting 

materials will be available upon request 

by Wednesday, Oct. 18, 2023. To receive 

a copy of any relevant materials, please 

send the request to: FEMA-TMAC@

fema.dhs.gov (Attn: Brian Koper). 

Nicholas A. Shufro, 

Deputy Assistant Administrator for Risk 

Management, Federal Emergency 

Management Agency. 

[FR Doc. 2023–22079 Filed 10–3–23; 8:45 am] 

BILLING CODE 9110–12–P 

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. 

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, frederick.holycross@

fema.dhs.gov, 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 eRulemaking 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

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 postimplementation phases of the proposed 

action to ensure that the minimization 

requirements are fully implemented.4

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


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68645 

Flood Risk Management Standard and a Process for 

Further Soliciting and Considering Stakeholder 

Input at 44. 

7 Id. 

8 Id. 

9 Id. 

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. 

11The 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. 

Class reviews or programmatic 

approaches allow for efficient and 

effective ways to meet EHP 

requirements, including floodplain 

reviews. 

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

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

(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 aboveground 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, 


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68646 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

12 44 CFR 9.6(b). 

13 44 CFR 9.8(c)(7). 

14 44 CFR 9.8(c)(3). 

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

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. 

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 facilitywide 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 smallscale 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 shortterm 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 smallscale 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 EightStep 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] 

BILLING CODE 9111–74–P 


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