44 CFR 9.12 - Final public notice.
If the Agency decides to take an action in or affecting a floodplain or wetland, it shall provide the public with a statement of its final decision and shall explain the relevant factors considered by the Agency in making this determination.
(a) In addition, those sent notices under § 9.8 shall also be provided the final notice.
(b) For actions for which an environmental impact statement is being prepared, the FEIS is adequate to constitute final notice in all cases except where:
(1) Significant modifications are made in the FEIS after its initial publication;
(2) Significant modifications are made in the development plan for the proposed action; or
(3) Significant new information becomes available in the interim between issuance of the FEIS and implementation of the proposed action.
(c) For actions for which an environmental assessment was prepared, the Notice of No Significant Impact is adequate to constitute final public notice, if it includes the information required under paragraph (e) of this section.
(d) For all other actions, the finding shall be made in a document separate from those described in paragraphs (a), (b), and (c) of this section. Based on an assessment of the following factors, the requirement for final notice may be met in a cumulative manner:
(1) Scale of the action;
(2) Potential for controversy;
(3) Degree of public need;
(4) Number of affected agencies and individuals;
(5) Its anticipated potential impact; and
(6) Similarity of the actions, i.e., to the extent that they are susceptible of common descriptions and assessments.
(e) The final notice shall include the following:
(1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland;
(2) A description of all significant facts considered in making this determination;
(3) A list of the alternatives considered;
(4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards;
(5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved;
(6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and
(7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information.
(f) After providing the final notice, the Agency shall, without good cause shown, wait at least 15 days before carrying out the action.
Title 44 published on 2015-11-10
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 44 CFR Part 9 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-22496 RIN 1660-AA85 Docket No. ID: FEMA-2015-0006 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Proposed rule; notice of data availability. Comments must be received no later than October 21, 2016. Late comments will not be accepted. 44 CFR Part 9 The Federal Emergency Management Agency (FEMA) is issuing this Notice of Data Availability (NODA) in connection with the proposed rule titled, “Updates to Floodplain Management and Protection of Wetlands Regulations to Implement Executive Order 13690 and the Federal Flood Risk Management Standard” that was published on August 22, 2016. Through this NODA, FEMA is making available to the public, and soliciting comment on, a draft report, 2016 Evaluation of the Benefits of Freeboard for Public and Nonresidential Buildings in Coastal Areas. The draft report has been added to the docket for the proposed rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-19809 RIN Docket No. ID FEMA-2015-0006 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Notice of availability; request for comments. Comments must be received by October 21, 2016. 44 CFR Part 9 The Federal Emergency Management Agency (FEMA) is accepting comments on the proposed guidance for implementing the Federal Flood Risk Management Standard (FFRMS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-19810 RIN 1660-AA85 Docket No. ID: FEMA-2015-0006 DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency Notice of proposed rulemaking. Comments must be received no later than October 21, 2016. 44 CFR Part 9 The Federal Emergency Management Agency (FEMA) proposes to amend its regulations on “Floodplain Management and Protection of Wetlands” to implement Executive Order 13690, which establishes the Federal Flood Risk Management Standard (FFRMS). FEMA also proposes a supplementary policy (FEMA Policy: 078-3) that would further clarify how FEMA applies the FFRMS.