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DHS/FEMA RIN: 1660-AB12 Publication ID: Spring 2023 
Title: Updates to Floodplain Management and Protection of Wetlands Regulations  

Consistent with President Biden’s Executive Order on Climate Related Financial Risk (E.O. 14030), the Federal Emergency Management Agency (FEMA) proposes to amend its regulations at 44 CFR part 9, "Floodplain Management and Protection of Wetlands," to incorporate amendments to Executive Order 11988 and the Federal Flood Risk Management Standard (FFRMS).  The FFRMS is a flexible framework allowing agencies to choose among three approaches to define the floodplain and corresponding flood elevation requirements for federally funded projects. 44 CFR part 9 describes FEMA’s process under Executive Order 11988 for determining whether the proposed location for an action falls within a floodplain and how to complete the action in the floodplain, in light of the risk of flooding.  The proposed rule would change how FEMA defines a floodplain with respect to certain actions. Additionally, under the proposed rule, FEMA would use natural systems, ecosystem process, and nature-based approaches, where practicable, when developing alternatives to locating the proposed action in the floodplain.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 44 CFR 9   
Legal Authority: 6 U.S.C. 101 et seq.    42 U.S.C. 4001 et seq.    42 U.S.C. 4321 et seq.    E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR, 1977 Comp., p. 117    E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR, 1977 Comp., p. 121    E.O. 13690, 80 FR 6425    E.O. 14030, 86 FR 27967   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Portia Ross
Office of Environmental and Historic Preservation
Department of Homeland Security
Federal Emergency Management Agency
400 C Street SW,
Washington, DC 20472
Phone:202 709-0677