[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR9.12]

[Page 96-97]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 9--FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents
 
Sec. 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 Sec. 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:

[[Page 97]]

    (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.

If any of these situations develop, the Agency shall prepare a separate 
final notice that contains the contents of paragraph (e) of this section 
and shall make it available to those who received the FEIS. A minimum of 
15 days shall, without good cause shown, be allowed for comment on the 
final notice.
    (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.

When a damaged structure or facility is already being repaired by the 
State or local government at the time of the Damage Survey Report, the 
requirements of Steps 2 and 7 (Sec.Sec. 9.8 and 9.12) may be met by a 
single notice. Such notice shall contain all the information required by 
both sections.
    (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.

[45 FR 59526, Sept. 9, 1980, as amended at 48 FR 29318, June 24, 1983]