[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR9.8]



[Page 90-91]

 

              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. 9.8  Public notice requirements.



    (a) Purpose. The purpose of this section is to establish the initial 

notice procedures to be followed when proposing any action in or 

affecting floodplains or wetlands.

    (b) General. The Agency shall provide adequate information to enable 

the public to have impact on the decision outcome for all actions having 

potential to affect, adversely, or be affected by floodplains or 

wetlands that it proposes. To achieve this objective, the Agency shall:

    (1) Provide the public with adequate information and opportunity for 

review and comment at the earliest possible time and throughout the 

decision-making process; and upon completion of this process, provide 

the public with an accounting of its final decisions (see Sec. 9.12); 

and

    (2) Rely on its environmental assessment processes, to the extent 

possible, as vehicles for public notice, involvement and explanation.

    (c) Early public notice. The Agency shall provide opportunity for 

public involvement in the decision-making process through the provision 

of public notice upon determining that the proposed action can be 

expected to affect or be affected by floodplains or wetlands. Whenever 

possible, notice shall precede major project site identification and 

analysis in order to preclude the foreclosure of options consistent with 

the Orders.

    (1) For an action for which an environmental impact statement is 

being prepared, the Notice of Intent to File an EIS is adequate to 

constitute the early public notice, if it includes the information 

required under paragraph (c)(5) of this section.

    (2) For each action having national significance for which notice is 

being provided, the Agency shall use the Federal Register as the minimum 

means for notice, and shall provide notice by mail to national 

organizations reasonably expected to be interested in the



[[Page 91]]



action. The additional notices listed in paragraph (c)(4) of this 

section shall be used in accordance with the determination made under 

paragraph (c)(3) of this section.

    (3) The Agency shall base its determination of appropriate notices, 

adequate comment periods, and whether to issue cumulative notices 

(paragraphs (c)(4), (6) and (7) of this section) on factors which 

include, but are 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.

    (4) For each action having primarily local importance for which 

notice is being provided, notice shall be made in accordance with the 

criteria under paragraph (c)(3) of this section, and shall entail as 

appropriate:

    (i) [Reserved]

    (ii) Notice to Indian tribes when effects may occur on reservations.

    (iii) Information required in the affected State's public notice 

procedures for comparable actions.

    (iv) Publication in local newspapers (in papers of general 

circulation rather than legal papers).

    (v) Notice through other local media.

    (vi) Notice to potentially interested community organizations.

    (vii) Publication in newsletters that may be expected to reach 

potentially interested persons.

    (viii) Direct mailing to owners and occupants of nearby or affected 

property.

    (ix) Posting of notice on and off site in the area where the action 

is to be located.

    (x) Holding a public hearing.

    (5) The notice shall include:

    (i) A description of the action, its purpose and a statement of the 

intent to carry out an action affecting or affected by a floodplain or 

wetland;

    (ii) Based on the factors in paragraph (c)(3) of this section, a map 

of the area or other indentification of the floodplain and/or wetland 

areas which is of adequate scale and detail so that the location is 

discernible; instead of publication of such map, FEMA may state 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;

    (iii) Based on the factors in paragraph (c)(3) of this section, a 

description of the type, extent and degree of hazard involved and the 

floodplain or wetland values present; and

    (iv) Identification of the responsible official or organization for 

implementing the proposed action, and from whom further information can 

be obtained.

    (6) The Agency shall provide for an adequate comment period.

    (7) In a post-disaster situation in particular, the requirement for 

early public notice may be met in a cumulative manner based on the 

factors set out in paragraph (c)(3) of this section. Several actions may 

be addressed in one notice or series of notices. For some actions 

involving limited public interest a single notice in a local newspaper 

or letter to interested parties may suffice.

    (d) Continuing public notice. The Agency shall keep the public 

informed of the progress of the decision-making process through 

additional public notices at key points in the process. The preliminary 

information provided under paragraph (c)(5) of this section shall be 

augmented by the findings of the adverse effects of the proposed actions 

and steps necessary to mitigate them. This responsibility shall be 

performed for actions requiring the preparation of an EIS, and all other 

actions having the potential for major adverse impacts, or the potential 

for harm to the health and safety of the general public.



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