[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Rules and Regulations]
[Pages 5734-5738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2963]
[[Page 5733]]
_______________________________________________________________________
Part VII
Federal Emergency Management Agency
_______________________________________________________________________
44 CFR Parts 65, 70, and 72
Identification and Mapping of Special Flood Hazard Areas, Procedures
for Map Correction, and Procedures and Fees for Processing Map Changes,
Final Rule and Fee Schedule for Processing Requests for Map Changes and
for Flood Insurance Study Backup Data for Fiscal Year 1997, Notice
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 /
Rules and Regulations
[[Page 5734]]
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Parts 65, 70, and 72
RIN 3067-AC53
Identification and Mapping of Special Flood Hazard Areas,
Procedures for Map Correction, and Procedures and Fees for Processing
Map Changes
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This final rule revises the National Flood Insurance Program
(NFIP) regulations concerning the identification and mapping of Special
Flood Hazard Areas (SFHAs) and correction of NFIP maps by revising the
fee requirements and fee schedule for processing certain changes to
NFIP maps. Under this final rule, the fees will be adjusted
periodically, but no more than once annually, to provide for changes in
the prevailing private-sector labor rate on which the fees are
predicated. Revised fees will be published as a notice in the Federal
Register.
EFFECTIVE DATE: This rule is effective March 10, 1997.
FOR FURTHER INFORMATION CONTACT: Frederick H. Sharrocks, Jr., Chief,
Hazard Identification Branch, 500 C Street SW., Washington, DC 20472,
(202) 646-2796.
SUPPLEMENTARY INFORMATION: This final rule revises the NFIP regulations
governing identification and mapping of SFHAs and correction of NFIP
maps by revising the fee requirements and fee schedule for processing
certain changes to NFIP maps. FEMA established the current fee
requirements under a final rule published in the Federal Register, at
57 FR 29036, on June 30, 1992.
This action reduces expenses to the NFIP and contributes to
maintaining the NFIP as a self-supporting program by: (1) Establishing
flat user fees for most requests for Conditional Letters of Map
Amendment (CLOMAs), Letters of Map Revision Based on Fill (LOMR-Fs),
Conditional Letters of Map Revision Based on Fill (CLOMR-Fs), Letters
of Map Revision (LOMRs), Conditional Letters of Map Revision (CLOMRs),
and Physical Map Revisions (PMRs); (2) reducing the number of user fee
categories; (3) requiring full payment of user fees before FEMA begins
work on a request; (4) changing the initial fee and hourly rate for
LOMR, CLOMR, and PMR requests based on structural measures on alluvial
fans; (5) limiting exemptions; and (6) replacing the mechanism for
recovering the cartographic production costs related to incorporating
map changes made by letter in Flood Insurance Rate Maps (FIRMs) and
Flood Boundary and Floodway Maps (FBFMs).
This final rule supersedes the fee schedules that FEMA established
on June 30, 1992. It also expands the payment method to include credit
card payments.
The listing of fees that are effective as of the date of this rule
is published as a notice elsewhere in this issue of the Federal
Register. A primary component of the fees is the prevailing private-
sector rates charged to FEMA for labor and materials. Because these
rates and the actual review and processing costs may vary from year to
year, FEMA will evaluate the fees at the end of each fiscal year and
publish revised fee schedules, when needed, as notices in the Federal
Register.
These revisions to the NFIP regulations are a result of the
continuing reappraisal of the NFIP to achieve administrative and fiscal
effectiveness and to encourage sound floodplain management so that the
Program can realize reductions in the loss of life and property and in
disaster-related expenditures.
Revisions to Interim Final Rule
FEMA published an interim final rule concerning these regulation
changes in the Federal Register, at 61 FR 46330, on August 30, 1996. In
the interim final rule, we invited the public to comment on the
regulation changes within 30 days. One commenter wrote:
In view of the fact that the National Flood Insurance Program
was promulgated by the United States Congress and assigned to the
Federal Emergency Management Agency as a regulative measure in order
to ensure that minimal development occurs in the floodplain areas, I
feel that promulgation of this regulation is a mandate upon local
government in that it closes access to appealing errors and
omissions or changes on the National Flood Insurance Program maps *
* *. It may well thwart applications for appropriate regulations and
changes due to the fact that many municipalities and counties do not
have sufficient funding to cover the costs without overburdening
their budgets. Accordingly, I disagree with the statement on Page
46631 concerning the Regulatory Flexibility Act, wherein the Acting
Associate Director of the Mitigation Directorate certifies that the
interim [final] rule does not have a significant economic impact on
substantial number of small entities * * *.
There are numerous small communities and rural counties that
adjoin rivers throughout the United States and are impacted by
flooding. They have not, in many cases, been offered the opportunity
for protection by levees or urban flood walls and, therefore, remain
at the mercy of the rivers upon which they were located a century or
two ago. To now require them to pay fees to have maps revised is not
an acceptable position.
I feel that if the federal government wishes to continue this
program that it should stand the costs fully for carrying out the
administrative, mapping and implementation requirements of the
National Flood Insurance Program.
In response to these comments the changes published in this final
rule do not establish completely new requirements for the payment of
user fees. They expand an existing system established during the 1980s
to allow the NFIP to recover costs for providing certain map products
and services and, at the same time, to allow the NFIP to remain self-
supporting for the historic average flood loss year. The objective of
the changes is to distribute the costs of certain products and services
equitably between flood insurance policyholders and the users of the
products and services, rather than to distribute these costs to the
general taxpayer who may or may not benefit from the product or
service. This effort is in keeping with 31 U.S.C. 9701, under which the
U.S. Congress allows Federal agencies to charge fees for products and
services. 31 U.S.C. 9701 provides, in part:
``(a) It is the sense of Congress that each service or thing of
value provided by an agency * * * to a person * * * is to be self-
sustaining to the extent possible.
``(b) The head of each agency * * * may prescribe regulations
establishing the charge for a service or thing of value provided by the
agency. * * * Each charge shall--(1) be fair; and (2) based on: (A) The
costs to the Government; (B) the value of the service or thing to the
recipient; (C) public policy or interest served; and (D) other relevant
facts.''
This rule also does not ``close access to appealing errors and
omissions'' on the NFIP map as suggested in the commenter's September
27 letter. Community officials and property owners may continue to
appeal proposed base (1-percent-annual-chance) flood elevations shown
on NFIP maps under 44 CFR part 67 of the NFIP regulations without
charge. In addition, map revision requests submitted under 44 CFR part
65 of the NFIP regulations will be exempt from fees if the requests are
made to correct mapping or study analysis errors. Furthermore,
community officials who believe a FEMA-contracted restudy of flood
hazards is necessary because conditions have changed since the NFIP map
for their community was last published
[[Page 5735]]
may continue to request such restudies from FEMA. Funding for such
restudies comes from the National Flood Insurance Fund, and FEMA bears
the costs of revising the NFIP maps fully as a result of these
restudies.
FEMA is aware that flooding impacts numerous small communities and
rural counties throughout the United States. FEMA, working in
conjunction with many State and Federal agencies, works with these
communities to develop an overall strategy for mitigating the damage
caused by flooding. Numerous funding options are made available to
communities by FEMA, other Federal agencies, and State agencies to
ensure proper mitigation options are exercised. The regulation changes
promulgated by this final rule will have no impact on those activities.
As indicated in Sec. 72.4(e) of the revised regulations, the entity
that applies to FEMA through the local community for review is
responsible for the cost of the review. The local community incurs no
financial obligation under the reimbursement procedures set forth in
this part as a result of transmitting the application by another party
to FEMA.
Finally, since the requirements for user fees for certain types of
map changes were established, the number of requests for CLOMAs, CLOMR-
Fs, LOMR-Fs, CLOMRs, LOMRs, and PMRs received each year has grown and
is expected to continue to grow. Therefore, the available statistics do
not support the contention that promulgation of these regulation
changes will ``thwart applications for appropriate regulations and
changes * * *'' in the future.
As a result of internal FEMA review, we incorporated the following
changes in this final rule:
1. We revised Sec. 72.3(c) to include two new categories to cover
LOMR-Fs based on as-built information for projects for which CLOMR-Fs
were issued previously by FEMA.
2. We revised Category 6 (now Category 7) in Sec. 72.3(c) to
clarify that this category does not apply to requests based on as-built
information for projects involving structural measures on alluvial
fans. The $5,000 initial fee will be charged to all map revision
requests involving structural measures on alluvial fans.
3. We added Sec. 72.3(d) which reads: ``If a request involves more
than one of the above categories, the highest applicable flat user fee
must be submitted.''
4. We revised Sec. 72.3(e) (now Sec. 72.3(f)) to read: ``The flat
user fees for conditional and final map amendments and map revisions
are based on the actual costs for reviewing and processing the
requests. The fees for requests for LOMR-Fs, LOMRs, and PMRs also
include a fee of $35 to cover FEMA's costs for physically revising
affected FIRM and FBFM panels to reflect the map changes.''
5. We deleted Sec. 72.3(e), which covered cartographic production
fees.
6. We added Sec. 72.5(c), which reads:
(c) Map change requests based on the following shall be exempt
from fees:
(1) Federally sponsored flood-control projects where 50 percent
or more of the project's costs are federally funded; and
(2) Detailed hydrologic and hydraulic studies conducted by
Federal, State, or local agencies to replace approximate studies
conducted by FEMA and shown on the effective FIRM.
Establishment of Flat User Fees
The existing fee collection process is complex and requires time-
intensive efforts on the part of FEMA to administer. More importantly,
it also increases the time required to provide the requesters with the
Letter of Map Change (LOMC) product or PMR they require. The current
system requires requesters to submit an initial fee that is not
intended to cover the full review and processing costs or the
cartographic production costs. Requesters subsequently receive invoices
for the balance. The current system is complicated further by the pre-
authorized spending limits placed on each product. When FEMA determines
that these limits will be exceeded, we must obtain written
authorization before proceeding with their review. We must then delay
the request until we receive the written authorization.
Under this final rule, FEMA charges a single flat user fee for most
LOMC and PMR requests, thereby reducing the turnaround time for
preparing and issuing determination letters and reducing FEMA costs of
administering the fee-charge system. FEMA can recover more of the
actual costs than are recovered by the current system and redistribute
the overall cost of operations.
Requirement for Full Payment Before Work Begins
Under this final rule, the requester must submit the full fee
payment before FEMA begins work on most map change requests. This
minimizes the need for followup invoicing and ensures that FEMA
collects appropriate fees for services rendered.
Consolidation of Product Categories
Under this final rule, we consolidate LOMC products and PMRs with
similar review and processing requirements into the same fee category.
As a result, we reduced the number of fee categories from 19 to 10.
Limitation of Fee Exemptions
Under current standards, we exempt requesters from paying user fees
when they submit requests for changes to (1) remove properties or
structures from the SFHA shown on the FIRM that were inadvertently
included in the SFHA because of map scale limitations, which is handled
by the LOMA process detailed in 44 CFR part 70 of the NFIP regulations;
(2) reflect more detailed information on flooding sources, floodways,
or topographic data; (3) correct mapping errors or errors in the
effective Flood Insurance Study analysis; or (4) reflect projects that
are for public benefit and are primarily intended for flood loss
reduction to insurable structures in identified flood hazard areas that
were in existence prior to the commencement of the projects. Such
exemptions preclude FEMA from recovering fees for a substantial volume
of work.
Under this final rule, we maintain the exemptions for: Requests for
LOMAs; requests to correct mapping or analysis errors; map change
requests based on federally sponsored flood-control projects where 50
percent or more of the project's costs are federally funded; and map
change requests based on detailed hydrologic and hydraulic studies
conducted by Federal, State, or local agencies to replace approximate
studies conducted by FEMA and shown on the effective FIRM.
Maintenance of Initial Fee for Requests Based on Structural Measures on
Alluvial Fans
Under this final rule, we maintain the initial fee for LOMC
requests based on structural measures on alluvial fans. These requests
are rare, the FEMA engineering review for these requests is usually
very complex, and FEMA's costs for processing these requests can
fluctuate significantly. Based on a review of actual processing costs
for Fiscal Year 1995, we established $5,000 as the initial fee for such
requests. The remaining costs are recovered before we issue the LOMC,
consistent with current fee-reimbursement practices. Under this final
rule, we increased to $50 the hourly rate used to calculate the total
fees that must be reimbursed.
National Environmental Policy Act
This final rule is categorically excluded from the requirements of
44 CFR part 10, Environmental Consideration. No environmental impact
assessment has been prepared.
[[Page 5736]]
Regulatory Flexibility Act
The Executive Associate Director, Mitigation Directorate, certifies
that this final rule does not have a significant economic impact on a
substantial number of small entities in accordance with the Regulatory
Flexibility Act, 5 U.S.C. et seq., because it is not expected (1) to
have significant secondary or incidental effects on a substantial
number of small entities, nor (2) to create any additional burden on
small entities. A regulatory flexibility analysis has not been
prepared.
Executive Order 12612, Federalism
This final rule involves no policies that have federalism
implications under Executive Order 12612, Federalism, dated October 26,
1987.
Executive Order 12778, Civil Justice Reform
This final rule meets the applicable standards of Sec. 2(b)(2) of
Executive Order 12778, Civil Justice Reform.
Executive Order 12866, Regulatory Planning and Review
Promulgation of this final rule is required by statute, 42 U.S.C.
4014(f), which also specifies the regulatory approach taken in the
final rule. To the extent possible under the statutory requirements of
42 U.S.C. 4014(f), this final rule adheres to the principles of
regulation as set forth in Executive Order 12866, Regulatory Planning
and Review.
List of Subjects in 44 CFR Parts 65, 70, and 72
Administrative practice and procedure, Flood insurance,
Floodplains, Reporting and recordkeeping requirements.
Accordingly, 44 CFR Parts 65, 70, and 72 are amended as follows:
PART 65--IDENTIFICATION AND MAPPING OF SPECIAL FLOOD HAZARD AREAS
1. The authority citation for part 65 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p.376.
2. Section 65.4(c) is revised to read as follows:
Sec. 65.4 Right to submit new technical data.
* * * * *
(c) Requests for changes to effective Flood Insurance Rate Maps
(FIRMs) and Flood Boundary and Floodway Maps (FBFMs) are subject to the
cost recovery procedures described in 44 CFR part 72. As indicated in
part 72, revisions requested to correct mapping errors or errors in the
Flood Insurance Study analysis are not to be subject to the cost-
recovery procedures.
3. In section 65.5 the heading and paragraph (d) are revised to
read as follows:
Sec. 65.5 Revision to special flood hazard area boundaries with no
change to base flood elevation determinations.
* * * * *
(d) Submission procedures. All requests shall be submitted to the
FEMA Regional Office servicing the community's geographic area or to
the FEMA Headquarters Office in Washington, DC, and shall be
accompanied by the appropriate payment, in accordance with 44 CFR part
72.
4. In section 65.6(g) is revised to read as follows:
Sec. 65.6 Revision of base flood elevation determinations.
* * * * *
(g) Submission procedures. All requests shall be submitted to the
FEMA Regional Office servicing the community's geographic area or to
the FEMA Headquarters Office in Washington, DC, and shall be
accompanied by the appropriate payment, in accordance with 44 CFR part
72.
5. Section 65.8 is revised to read as follows:
Sec. 65.8 Review of proposed projects.
A community, or an individual through the community, may request
FEMA's comments on whether a proposed project, if built as proposed,
would justify a map revision. FEMA's comments will be issued in the
form of a letter, termed a Conditional Letter of Map Revision, in
accordance with 44 CFR part 72. The data required to support such
requests are the same as those required for final revisions under
Secs. 65.5, 65.6, and 65.7, except as-built certification is not
required. All such requests shall be submitted to the FEMA Headquarters
Office in Washington, DC, and shall be accompanied by the appropriate
payment, in accordance with 44 CFR part 72.
6. In section 65.9 the heading and paragraph (h) are revised to
read as follows:
Sec. 65.9 Review and response by the Administrator.
* * * * *
(h) The required payment has not been submitted in accordance with
44 CFR part 72, no review will be conducted and no determination will
be issued until payment is received.
PART 70--PROCEDURE FOR MAP CORRECTION
7. The authority citation for part 70 is revised to read as
follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376.
8. Section 70.9 is revised to read as follows:
Sec. 70.9 Review of proposed projects.
An individual who proposes to build one or more structures on a
portion of property that may be included inadvertently in a Special
Flood Hazard Area (SFHA) may request FEMA's comments on whether the
proposed structure(s), if built as proposed, will be in the SFHA.
FEMA's comments will be issued in the form of a letter, termed a
Conditional Letter of Map Amendment. The data required to support such
requests are the same as those required for final Letters of Map
Amendment in accordance with Sec. 70.3, except as-built certification
is not required and the requests shall be accompanied by the
appropriate payment, in accordance with 44 CFR part 72. All such
requests for CLOMAs shall be submitted to the FEMA Regional Office
servicing the community's geographic area or to the FEMA Headquarters
Office in Washington, DC.
PART 72--PROCEDURES AND FEES FOR PROCESSING MAP CHANGES
9. The authority citation for part 72 is revised to read as
follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376.
10. Section 72.1 is revised to read as follows:
Sec. 72.1 Purpose of part.
This part provides administrative and cost-recovery procedures for
the engineering review and administrative processing associated with
FEMA's response to requests for Conditional Letters of Map Amendment
(CLOMAs), Conditional Letters of Map Revision (CLOMRs), Conditional
Letters of Map Revision Based on Fill (CLOMR-Fs), Letters of Map
Revision Based on Fill (LOMR-Fs), Letters of Map Revision (LOMRs), and
Physical Map Revisions (PMRs). Such requests are based on proposed or
actual manmade alterations within the floodplain, such as the
[[Page 5737]]
placement of fill; modification of a channel; construction or
modification of a bridge, culvert, levee, or similar measure; or
construction of single or multiple residential or commercial structures
on single or multiple lots.
11. Section 72.2 is revised to read as follows:
Sec. 72.2 Definitions.
Except as otherwise provided in this part, the definitions in 44
CFR part 59 are applicable to this part. For the purposes of this part,
the products are defined as follows:
CLOMA. A CLOMA is FEMA's comment on a proposed structure or group
of structures that would, upon construction, be located on existing
natural ground above the base (1-percent-annual-chance) flood elevation
on a portion of a legally defined parcel of land that is partially
inundated by the base flood.
CLOMR. A CLOMR is FEMA's comment on a proposed project that would,
upon construction, affect the hydrologic or hydraulic characteristics
of a flooding source and thus result in the modification of the
existing regulatory floodway, the effective base flood elevations, or
the Special Flood Hazard Area (SFHA).
CLOMR-F. A CLOMR-F is FEMA's comment on a proposed project that
would, upon construction, result in a modification of the SFHA through
the placement of fill outside the existing regulatory floodway.
LOMR. A LOMR is FEMA's modification to an effective Flood Insurance
Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both.
LOMRs are generally based on the implementation of physical measures
that affect the hydrologic or hydraulic characteristics of a flooding
source and thus result in the modification of the existing regulatory
floodway, the effective base flood elevations, or the SFHA. The LOMR
officially revises the FIRM or FBFM, and sometimes the Flood Insurance
Study (FIS) report, and, when appropriate, includes a description of
the modifications. The LOMR is generally accompanied by an annotated
copy of the affected portions of the FIRM, FBFM, or FIS report.
LOMR-F. A LOMR-F is FEMA's modification of the SFHA shown on the
FIRM based on the placement of fill outside the existing regulatory
floodway.
PMR. A PMR is FEMA's physical revision and republication of an
effective FIRM, FBFM, or FIS report. PMRs are generally based on
physical measures that affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the
modification of the existing regulatory floodway, the effective base
flood elevations, or the SFHA.
12. Section 72.3 is revised to read as follows:
Sec. 72.3 Fee schedule.
(a) For requests for CLOMRs, LOMRs, and PMRs based on structural
measures on alluvial fans, an initial fee of $5,000, subject to the
provisions of Sec. 72.4, shall be paid to FEMA before FEMA begins its
review of the request. The initial fee represents the minimum cost for
reviewing these requests and is based on the prevailing private-sector
labor rate. A revision to this initial fee, if necessary, will be
published as a notice in the Federal Register.
(b) For requests for CLOMRs, LOMRs, and PMRs based on structural
measures on alluvial fans, the total fee will be calculated based on
the total hours by FEMA to review and process the request multiplied by
an hourly rate based on the prevailing private-sector labor rate. The
hourly rate is published as a notice in the Federal Register. A
revision to the hourly rate, if necessary, shall be published as a
notice in the Federal Register.
(c) For conditional and final map revision requests for the
following categories, flat user fees, subject to the provisions of
Sec. 72.4, shall be paid to FEMA before FEMA begins its review of the
request:
(1) Requests for CLOMAs, CLOMR-Fs, and LOMR-Fs for single
structures or single lots;
(2) Requests for CLOMAs for multiple structures or multiple lots;
(3) Requests for CLOMR-Fs and LOMR-Fs for multiple structures or
multiple lots;
(4) Requests LOMR-Fs for single structures or single lots based on
as-built information for projects for which FEMA issued CLOMR-Fs
previously;
(5) Requests for LOMR-Fs for multiple structures or multiple lots
based on as-built information for projects for which FEMA issued CLOMR-
Fs previously;
(6) Requests for LOMRs and PMRs based on projects involving
bridges, culverts, or channels, or combinations thereof;
(7) Requests for LOMRs and PMRs based on projects involving levees,
berms, or other structural measures;
(8) Requests for LOMRs and PMRs based on as-built information for
projects for which FEMA issued CLOMRs previously, except those based on
structural measures on alluvial fans;
(9) Requests for LOMRs and PMRs based solely on more detailed data;
(10) Requests for CLOMRs based on projects involving new hydrologic
information, bridges, culverts, or channels, or combinations thereof;
and
(11) Requests for CLOMRs based on projects involving levees, berms,
or other structural measures.
(d) If a request involves more than one of the categories listed
above, the highest applicable flat user fee must be submitted.
(e) The flat user fees for conditional and final map amendments and
map revisions are based on the actual costs for reviewing and
processing the requests. The fees for requests for LOMR-Fs, LOMRs, and
PMRs also include a fee of $35 to cover FEMA's costs for physically
revising affected FIRM and FBFM panels to reflect the map changes.
(f) Revisions to the fees, if necessary, shall be published as a
notice in the Federal Register.
13. Section 72.4 is revised to read as follows:
Sec. 72.4 Submittal/payment procedures and FEMA response.
(a) The initial fee shall be submitted with a request for FEMA
review and processing of CLOMRs, LOMRs, and PMRs based on structural
measures on alluvial fans; the appropriate flat user fee shall be
submitted with all other requests for FEMA review and processing.
(b) FEMA must receive initial or flat user fees before it will
begin any review. The fee is non-refundable once FEMA begins its
review.
(c) Following completion of FEMA's review for any CLOMR, LOMR, or
PMR based on structural measures on alluvial fans, FEMA shall invoice
the requester at the established hourly rate for any actual costs
exceeding the initial fee incurred for review and processing. FEMA
shall not issue a determination letter or revised map panel(s) until it
receives the invoiced amount.
(d) For all map revision requests, FEMA shall bear the cost of
reprinting and distributing the revised FIRM panel(s), FBFM panel(s),
or combination.
(e) The entity that applies to FEMA through the local community for
review is responsible for the cost of the review. The local community
incurs no financial obligation under the reimbursement procedures of
this part when another party sends the application to FEMA.
(f) Requesters shall submit payments by check or money order or by
credit card. Checks or money orders, in U.S. funds, shall be made
payable to the National Flood Insurance Program.
[[Page 5738]]
(g) For CLOMA, CLOMR-F, LOMA, and LOMR-F requests, FEMA shall:
(1) Notify the requester and community within 30 days as to the
adequacy of the submittal, and
(2) Provide to the requester and the community, within 60 days of
receipt of adequate information and fee, a determination letter or
other written comment in response to the request.
(h) For CLOMR, LOMR, and PMR requests, FEMA shall:
(1) Notify the requester and community within 60 days as to the
adequacy of the submittal; and
(2) Provide to the requester and the community, within 90 days of
receipt of adequate information and fee, a CLOMR, a LOMR, other written
comment in response to the request, or preliminary copies of the
revised FIRM panels, FBFM panels, and/or affected portions of the FIS
report for review and comment.
14. Section 72.5 is revised to read as follows:
Sec. 72.5 Exemptions.
(a) Requests for map changes based on mapping or study analysis
errors or the effects of natural changes within SFHAs shall be exempt
from fees.
(b) Requests for LOMAs shall be exempt from fees.
(c) Map change requests based on the following shall be exempt from
fees:
(1) Federally sponsored flood-control projects where 50 percent or
more of the project's costs are federally funded; and
(2) Detailed hydrologic and hydraulic studies conducted by Federal,
State, or local agencies to replace approximate studies conducted by
FEMA and shown on the effective FIRM.
15. Section 72.6 is revised to read as follows:
Sec. 72.6 Unfavorable response.
(a) Requests for CLOMAs, CLOMRs, or CLOMR-Fs may be denied or the
determinations may contain specific comments, concerns, or conditions
regarding proposed projects or designs and their impacts on flood
hazards in a community. Requesters are not entitled to any refund of
fees paid if the determinations contain such comments, concerns, or
conditions, or if the requests are denied. Requesters are not entitled
to any refund of fees paid if the requesters are unable to provide the
appropriate scientific or technical documentation or to obtain required
authorizations, permits, financing, etc., for which requesters seek the
CLOMAs, CLOMRs, or CLOMR-Fs.
(b) Requests for LOMRs, LOMR-Fs, or PMRs may be denied or the
revisions to the FIRM, FBFM, or both, may not be in the manner or to
the extent desired by the requesters. Requesters are not entitled to
any refund of fees paid if the revision requests are denied or if the
LOMRs, LOMR-Fs, or PMRs do not revise the map specifically as
requested.
16. Section 72.7 is revised to read as follows:
Sec. 72.7 Resubmittals.
(a) Resubmittals of CLOMA, CLOMR, CLOMR-F, LOMR, LOMR-F, or PMR
requests more than 90 days after FEMA notification that the requests
were denied or after FEMA ended its review because the requester
provided insufficient information will be treated as original
submissions and subject to all submittal/payment procedures described
in Sec. 72.4. The procedure in Sec. 72.4 also applies to a resubmitted
request (regardless of when submitted) if the project on which the
request is based has been altered significantly in design or scope
other than as necessary to respond to comments, concerns, or other
findings made by FEMA regarding the original submission.
(b) When LOMR, LOMR-F, or PMR requests are made after FEMA issues
CLOMRs or CLOMR-Fs, the procedures in Sec. 72.4 and the appropriate fee
apply, as referenced in Sec. 72.3(c). When the as-built conditions
differ from the proposed conditions on which FEMA issued the CLOMRs or
CLOMR-Fs, the reduced fee for as-built requests will not apply.
(Catalog of Federal Domestic Assistance No. 83-100, Flood Insurance)
Dated: January 28, 1997.
Richard W. Krimm,
Executive Associate Director, Mitigation Directorate.
[FR Doc. 97-2963 Filed 2-5-97; 8:45 am]
BILLING CODE 6718-04-P
