[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58797-58798]
[FR Doc No: 2021-23171]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0749]
RIN 1625-AA08

Special Local Regulation; Oceanside Harbor, Oceanside, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the waters offshore Oceanside and within Oceanside
Harbor, California, during the Ironman 70.3 Oceanside marine event.
This action is necessary to provide for the safety of the participants,
crew, spectators, sponsor vessels of the triathlon, and general users
of the waterway. This rule would prohibit persons and vessels from
entering into, transiting through, anchoring, blocking, or loitering
within the event area unless authorized by the Captain of the Port San
Diego or a designated representative.

DATES: This rule is effective from 5:30 a.m. to 10:30 a.m., on October
30, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0749 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish this special local
regulation by October 30, 2021. The Coast Guard was given short notice
from the event sponsor that the date of the the event would differ from
the existing annual marine event as outlined in 33 CFR 100.1101, Table
1 to Sec.  100.1101, Item No. 2. Therefore, it is impracticable to
publish an NPRM because we lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule. This regulation is necessary to ensure the safety of life on the
navigable waters offshore Oceanside and within Oceanside Harbor during
the marine event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to ensure the safety of life on the navigable waters offshore
Oceanside and within Oceanside Harbor during the marine event on
October 30, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1236). The Captain of the Port Sector San
Diego (COTP) has determined that a large amount of swimmers offshore
Oceanside and within Oceanside Harbor associated with the Ironman 70.3
Oceanside marine event on October 30, 2021, poses a potential safety
concern. This rule is needed to protect persons, vessels, and the
marine environment in the navigable waters offshore Oceanside and
within Oceanside Harbor while the event is occurring.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 5:30 a.m. to
10:30 a.m. on October 30, 2021. This special local regulation will
cover all navigable waters, from surface to bottom, on a pre-determined
course offshore Oceanside and within Oceanside Harbor, California,
beginning at the starting point of the event at Oceanside Harbor Beach,
proceeding southwest to the first turn marker, continuing northwest
past the jetty, proceeding northeast through the harbor channel, then
southeast into Oceanside Harbor before concluding at the finish line
within Oceanside Harbor. The duration of the temporary special local
regulation is intended to ensure the safety of vessels, event
participants, and these navigable waters during the scheduled marine
event. No vessel or person would be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. The regulatory text appears at the end of this
document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The affected
portion of the navigable waterway offshore Oceanside and in Oceanside
Harbor will be of very limited duration, during morning hours when
vessel traffic is historically low and is necessary for safety of life
to participants in the event. Moreover, the Coast Guard would make a
post in the Local Notice to Mariners with details on the regulated
area, as well as, issue a Safety Marine Information Broadcast over
Channel 22A.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.

    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
temporary special local regulation that will limit access to Oceanside
Harbor and certain areas offshore Oceanside for 5 hours, from 5:30 a.m.
until 10:30 a.m. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T11-0076 to read as follows:

Sec.  100.T11-0076   Ironman 70.3 Oceanside, Oceanside, California.

    (a) Regulated area. The regulations in this section apply to the
following area: All navigable waters, from surface to bottom, on a pre-
determined course offshore Oceanside and within Oceanside Harbor,
beginning at the starting point of the event at Oceanside Harbor Beach,
proceeding southwest to the first turn marker, continuing northwest
past the jetty, proceeding northeast through the harbor channel, then
southeast into Oceanside Harbor before concluding at the finish line
within Oceanside Harbor.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Diego (COTP) in
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event
sponsor as a participants in the race.
    (c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port San Diego or their designated
representative.
    (2) Vessels requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 21A or by telephone at<PHONE_NUMBER>.
    (3) The COTP will provide notice of the regulated area through
advanced notice via Local Notice to Mariners and Safety Marine
Information Broadcasts on Channel 22A.
    (d) Enforcement period. This section will be enforced from 5:30
a.m. until 10:30 a.m., on October 30, 2021.

    Dated: October 19, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-23171 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Notices]
[Pages 39356-39359]
[FR Doc No: 2019-17102]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0006; OMB No. 1660-0103]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Property Acquisition and Relocation for Open Space

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a reinstatement, with change, of a previously approved
information collection for which approval has expired. In accordance
with the Paperwork Reduction Act of 1995, this notice seeks comments
concerning the property acquisition and relocation for open space
process as part of the administration of FEMA's mitigation grant
programs, and the withdrawal of three previously proposed forms (FEMA
Form 086-0-31a, FEMA Form 086-0-31b, and FEMA Form 086-0-31c) from the
Information Collection included in the initial 60-day public comment
period regarding the Severe Risk Property Acquisition (SRPA) direct
grant to property owners for acquisition and demolition of severe
repetitive loss structures. After reviewing all the comments submitted,
FEMA has determined there is no need for SRPA direct grant-related
forms at this time. At this time, FEMA has decided not to implement the
SRPA direct to property owners grant.

DATES: Comments must be submitted on or before October 8, 2019.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2018-0006. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW, 8NE, Washington, DC 20472-
3100.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jennie Orenstein, Grants Policy Branch
Chief, FIMA, FEMA,<PHONE_NUMBER>. You may contact the Records
Management Division for copies of the proposed collection of
information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Regulations at 44 CFR part 80 govern
property acquisitions for the creation of open space under FEMA's three
hazard mitigation assistance (HMA) grant programs: The Pre-Disaster
Mitigation program (PDM) and Hazard Mitigation Grant Program (HMGP),
authorized under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended, 42 U.S.C. 5121-5207; and the Flood
Mitigation Assistance Program (FMA) authorized under the National Flood
Insurance Act (NFIA) of 1968, as amended, 42 U.S.C. 4001 et seq.
Acquisition and relocation of property for open space use is a popular
mitigation activity eligible under PDM, HMGP, and FMA. These programs
require any property acquired with FEMA funds to be deed restricted and
maintained as open space in perpetuity to ensure against future risk
from hazards to life and property, and to reduce the need for disaster
assistance or insurance payments for damages to property. This proposed
information collection previously published in the Federal Register on
February 27, 2018 at 83 FR 8493 with a 60-day public comment period.
The comment period closed on April 30, 2018. FEMA received ninety-two
comments in response to Information Collection 1660-0103, including
comments that express both support and opposition to different parts of
the Collection. Many comments were similar, but they will be recorded
as 102 distinct comments since they addressed multiple parts of the
Collection. Of the 102 comments received, 67 comments were opposed to
language in the three new forms pertaining to the Severe Risk Property
Acquisition (SRPA) direct grants to property owners that included an
option identified as ``Pathway 2: Demolition of Structure(s) Only,
Property Owner(s) Retains Ownership.'' The Pathway allowed property
owners to build new structures on the land after the existing
structures were acquired and demolished by FEMA. A commitment to use
the property as open space in perpetuity was not required. The new
structures were required to meet current community flood management
building codes, which presumably would be to a higher standard than the
damaged structure was built to. Mitigation would thus be accomplished
by reducing the long-term risk to a natural hazard. In comparison, the
other Pathway SRPA offered was that the subrecipient (local community)
could acquire the property and commit the property to open space use in
perpetuity. With either Pathway, the choice was up to the property
owner, assuming the community was interested in acquisition if the
property owner chose that option. A SRPA grant would only be offered
under FEMA's Flood Mitigation Assistance (FMA) program.
    Eleven (11) comments were supportive of SRPA and the three new
related forms. 3 comments were neutral and recommended changes to
provide support to SRPA. 3 comments opposed using the public comment
period for discussing the feasibility of SRPA. 6 comments were beyond
the scope of the Information Collection and 12 comments were not
germane.
    The 67 comments submitted in opposition to SRPA's Pathway 2:
Demolition of Structure(s) Only, Property Owner(s) Retains Ownership
option came from a variety of sources, including State and local
government, non-profit organizations, individuals, and anonymous
sources. Commenters listed primary reasons for opposition such as:
     Inconsistency under the National Flood Insurance Act
(NFIA) of 1968 42 U.S.C. 4104c since the forms only offered property
owners one mitigation option, acquisition, and no other mitigation
activities such as relocation, structure elevation, or mitigation
reconstruction
     Inconsistency under 44 CFR part 80 Property Acquisition
and Relocation for Open Space, which restricts post-acquisition land
use to outdoor recreational activities, wetlands management, nature
reserves, farming (i.e., cultivation, grazing), camping and other uses
FEMA determines are compatible with open space and limits the type of
new structures that can be built on the property
     Inconsistency with current Hazard Mitigation Assistance
(HMA) Guidance for acquisition of properties, and inconsistency with
the way FEMA has implemented acquisition projects for the past 30
years, which require the

acquired property to be dedicated and maintained in perpetuity as open
space for the conservation of natural floodplain functions
    Several comments cited additional reasons for opposition to the
SRPA forms for Pathway 2: Demolition of Structure(s) Only, Property
Owner(s) Retains Ownership, including:

 New structures would endanger first responders in the flood
prone area
 Direct grants discourage conversion of developed land to open
space
 Direct grants fail to reduce the risk posed to property and
human lives
 Lack of robust codes in many communities would not guarantee a
rebuild to a higher standard
 Lack of information justifying how Pathway 2 would be cost-
effective (an eligibility requirement for all HMA projects), and
demonstrate savings over alternative mitigation options
 Propose limitation to ensure direct grants would not be abused
to spur coastal development

    Commenters also noted that the new forms were not clear on who
would be responsible for monitoring these properties post-acquisition
to ensure that new structures and improvements conform to grant
requirements. Without clear identification of responsibilities, there
was concern that new structures would not be constructed to meet
community flood building standards.
    The 11 comments in support of SRPA also came from a variety of
sources, including local government, a non-profit organization and
individuals. Commenters in support of SRPA provided the following
reasons:

 Expedited access to funding that will help survivors recover
more quickly
 Reduced risk of experiencing another flood at the same
property in the short-term
 Increase in or maintenance of a community's tax base
 SRPA would result in reconstruction to a higher building code
 Provides a good alternative when a state does not prioritize
substantially damaged homes, or does not expedite an acquisition
project

    Of the comments that expressed support, several of them had
reservations. For example, one commenter expressed strong support for
the property owner to retain land after a demolition but expressed
concern regarding what would happen if the local government did not
want the property owner to do this. Additionally, the commenter was
unsure how the property would be maintained in perpetuity and reported
every three years. The comment reflects a misconception about a SRPA
direct grant as the property owner who retains ownership would not be
required to commit the property to open space in perpetuity. Another
commenter supported SRPA but opined that a property owner should only
be eligible when neither the local jurisdiction nor state have a flood
mitigation plan in place. One association supported SRPA but only if
elevation is included in the eligible project list.
    Three (3) comments neutral to SRPA came from individuals. The
commenters offered recommendations that if followed would make SRPA
acceptable to them. One commenter wanted the added option of elevation,
in addition to the demolition and property owner retention option.
According to the commenter, elevations would address the removal of tax
bases and provide more flexibility in areas impacted by flooding.
    One individual recommended that to make NFIP more fiscally secure,
individuals should be denied NFIP insurance if they reject the options
for a buyout, elevation, and mitigation reconstruction project after
flooding multiple times in a set number of years and once flood
insurance payments total the value of the house. While FEMA recognizes
that denying flood insurance to property owners who reject the option
to mitigate may incentivize mitigation, FEMA does not have statutory
authority to implement such a measure.
    Another commenter indicated a spelling error in the header of a
form, recommended language change in the Statement of Voluntary
Participation form to align more with what is written in the FEMA FORM
086-0-31C and inquired about why the acquisition and demolition process
must be done by FEMA and not by the local community. The form with the
spelling error is no longer an instrument of this Information
Collection.
    Three (3) comments opposed using the public comment period for
discussing the feasibility of SRPA. One commenter expressed concern
about making a fundamental change to buyout programs through ``the
obscure context and mechanism of reinstating and changing a series of
federal forms.'' The comment reflects a misconception that adding the
forms to the Information Collection alone would be enough to implement
this new type of grant. Adding the forms was a means of FEMA preparing
to implement the SRPA grant if FEMA received an appropriation for it.
However, FEMA did not receive an appropriation to implement a SRPA
grant and has no plans to implement a SRPA grant currently.
    Another commenter felt the Information Collection lacked
``explanatory material for the assumptions and procedures in which the
proposed forms are expected to be used . . .'' Specifically, the
commenter wanted access to the proposed forms. FEMA is not able to
publicly post the forms because they have not yet been approved by OMB.
However, if the commenter reaches out to HMA's Point of Contact for
this Information Collection (Jennie Orenstein), they will be provided
access to the forms.
    Lastly, one commentator wanted to ``extend and expand the public
comment period to allow more knowledgeable evaluation.'' A standard
Paperwork Reduction Act Information Collection requires both a 60-day
public comment period, followed by a 30-day public comment period. The
program office is responsible for responding to all comments during
these two comment periods. The commenter's remark was part of the 60-
day comment period and, thus, there will be another 30-day comment
period following adjudication of responses and potential changes to
forms.
    Six (6) comments were beyond the scope of the Information
Collection and involved the following topics:

 Inquire into specific mechanisms used to compel local
governments to participate in SRPA grants
 Inquire about funding streams, which do not currently exist
for SRPA grants
 Inquire about how to determine if a State and/or community
would not have the capacity to manage direct grants
 Inquire about addressing urban flooding by redefining flood
zones and providing a socially equitable solution to low to middle
income communities when experiencing flooding
 Express a belief that current floodplains are based on best
guesses and anecdotal evidence, which leads to inaccuracies

    Following Hurricane Harvey, to address the dire circumstances of
property owners with substantially damaged homes, FEMA explored
implementing a statutory provision in the National Flood Insurance Act,
42 U.S.C. 4104c(a)(3), which authorizes FEMA to provide direct grants
to property owners with severe repetitive loss (SRL) properties under
FMA. After considering the 102 comments submitted mostly in opposition
to SRPA but also supporting it, in some cases with reservations, FEMA
has decided

not to implement SRPA and to withdraw the three forms related to the
SRPA grant, consisting of FEMA Form 086-0-31a, FEMA Form 086-0-31b, and
FEMA Form 086-0-31c from the Information Collection.
    FEMA appreciated the input provided, and felt the commenters raised
many worthy issues for discussion concerning a direct grant to property
owners. Consequently, FEMA intends to pursue an ongoing dialogue with
stakeholders, non-governmental organizations, and other entities or
individuals, as appropriate, to address the merits and problems with
implementing this type of grant.
    In response to comments, FEMA has withdrawn three previously
proposed forms (FEMA Form 086-0-31a, FEMA Form 086-0-31b, and FEMA Form
086-0-31c) from the Information Collection included in the initial 60-
day public comment period regarding the Severe Risk Property
Acquisition (SRPA) direct grant to property owners for acquisition and
demolition of severe repetitive loss structures. After reviewing all
the comments submitted, FEMA has determined there is no need for SRPA
direct grant-related forms at this time. At this time, FEMA has decided
not to implement the SRPA direct to property owners grant.
    With the withdrawal of the three SRPA-related forms, the
Information Collection contains only three new forms necessary to
obtain information for HMA's usual grants: Real Property Status Report,
SF-429, Declaration and Release (Declaracion Y Autorizacion) (FEMA Form
009-0-3 or 009-0-4 (Spanish)), and FEMA Form 086-035a (Pages 9-10) NFIP
Repetitive Loss Update Worksheet. The fourth form, the Property Owners'
Voluntary Participation Statement (FEMA Form 86-0-31) is necessary for
FEMA to ensure compliance with regulatory requirements that the
property owner's participation in an acquisition is voluntary. See 44
CFR 80.13. This form was published in previous information collections.
    The Real Property Status Report, SF-429 is a standard, OMB-approved
form under OMB Collection 4040-0016, with a current expiration date of
02/28/2022. It is used to certify that the subrecipient has inspected
properties to ensure consistency with the terms of the deed
restrictions committing the properties to open space in perpetuity. The
SF-429 is an addition to this collection as part of the 2 CFR 200.311
requirements for property management and disposition. While FEMA has
always collected property management reports every three years for
acquired properties, the SF-429 form was not included in previous
collections. Historically, some recipients and subrecipients used the
SF-429 forms, and others used their own formats. FEMA is now proposing
to use the SF-429 to have a uniform and consistent format.
    FEMA collects Declaration and Release, FEMA Form 009-0-3 or
Declaracion Y Autorizacion FEMA Form 009-0-4 (Spanish) (OMB No. 1660-
0002), to certify an individual's information and eligibility. FEMA
will be adding this form to this information collection to obtain
necessary information for its eligibility determinations. This form is
already approved under OMB Collection 1660-0002, Disaster Assistance
Registration which expires on July 31, 2019 and is currently pending
OMB's approval.
    FEMA Form 086-0-35a (Pages 9-10) NFIP Repetitive Loss Update
Worksheet, is a form used by the State, Tribe or local community when
acquiring a property to update the status of properties classified as
NFIP repetitive loss to indicate if they have been previously acquired,
retrofitted or mitigated through a different eligible project type.
These pages are included in an already approved OMB Collection No.1660-
0022, Community Rating System (CRS) Program--Application Letter and CRS
Quick Check, Community Annual Recertification and Environmental and
Historic Preservation Certifications, which expires on March 31, 2020.
This form is necessary to keep records for flood insurance purposes,
which allows the NFIP to modify their flood insurance policies.
    This information collection, OMB No. 1660-0103, expired on January
31, 2018. FEMA is requesting a reinstatement, with change, of a
previously approved information collection for which approval has
expired. The purpose of this 60-day notice is to notify the public of
the changes FEMA has made to the originally proposed Information
Collection in the previous 60-day notice and allow for a new 60-day
period for comments on the updated Information Collection.

Collection of Information

    Title: Property Acquisition and Relocation for Open Space.
    Type of Information Collection: Reinstatement, with change, of a
previously approved information collection for which approval has
expired.
    OMB Number: 1660-0103.
    Form Titles and Numbers: FEMA Form 086-0-31, Statement of Voluntary
Participation for Acquisition of Property for Purpose of Open Space,
(OMB No.1660-0103); 009-0-3 (English) and 009-0-4 (Spanish),
Declaration and Release, (OMB No. 1660-0002); 086-0-35a (Pages 9-10),
NFIP Repetitive Loss Update Worksheet (OMB No. 1660-0022); SF-429, Real
Property Status Report (OMB No. 4040-0016).
    Abstract: FEMA and State, Tribal and local recipients of FEMA
mitigation grant programs will use the information collected to meet
the Property Acquisition requirements to implement acquisition
activities under the terms of grant agreements for acquisition and
relocation activities. FEMA and State/local grant recipients will also
use the information to monitor and enforce the open space requirements
for all properties acquired with FEMA mitigation grants.
    Affected Public: State, local or Tribal Government; Individuals or
Households.
    Estimated Number of Respondents: 2,773.
    Estimated Total Annual Burden Hours: 11,528.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $520,710.
    Estimated Respondents' Operation and Maintenance Costs: There are
no annual costs to respondents' operations and maintenance costs for
technical services.
    Estimated Respondents' Capital and Start-Up Costs: There is no
annual start-up or capital costs.
    Estimated Total Annual Cost to the Federal Government: The cost to
the Federal Government is $687,687.
    Comments: Comments may be submitted as indicated in the ADDRESSES
caption above. Comments are solicited to (a) evaluate whether the
proposed data collection is necessary for the proper performance of the
agency, including whether the information shall have practical utility;
(b) evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology,

e.g., permitting electronic submission of responses.

Maile Arthur,
Acting Records Management Branch Chief, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2019-17102 Filed 8-8-19; 8:45 am]
 BILLING CODE 9111-47-P


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Page 68595]
[FR Doc No: 2023-22046]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-15-000]

Commission Information Collection Activities (FERC-516H) Comment
Request; Extension; Correction

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice; correction.

-----------------------------------------------------------------------

SUMMARY: The published notice in the Federal Register of September 28,
2023, concerning request for comments on the currently approved
information collection, FERC-516H, (Electric Rate Schedules and Tariff
Filings, Pro Forma Open Access Transmission Tariff). The document
currently omitted the comment period end date and has the incorrect
Docket No. referenced.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register for September 28, 2023, in FR Doc. 2023-
21259, on page 66834, correct the Dates and Addresses sections to read:

DATES: Submit comments on or before November 28, 2023 for this 60 day
comment period.

ADDRESSES: You may submit your comments (identified by Docket No. IC23-
15-000) by one of the following methods:

    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, Office of the Secretary, 12225 Wilkins Avenue,
Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.

    Dated: September 29, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-22046 Filed 10-3-23; 8:45 am]
BILLING CODE 6717-01-P