[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Proposed Rules]
[Pages 17758-17761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8343]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
RIN 3067-AC34
Standard Hazard Determination Form
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Proposed rule.
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SUMMARY: FEMA is developing a standard form for determining whether a
structure is located within an identified Special Flood Hazard Area
(SFHA) and whether flood insurance may be required and is available.
Use of this form will ensure that required flood insurance coverage is
purchased for buildings located in an SFHA, and will assist federal
entities for lending regulation in assuring compliance with these
purchase requirements.
DATES: We invite your comments on this proposed form, which should be
submitted on or before May 8, 1995.
ADDRESSES: Send written comments to the Rules Docket Clerk, Office of
the General Counsel, Federal Emergency Management Agency, 500 C Street
SW., room 840, Washington, DC 20472, (facsimile) (202) 646-4536.
FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief,
Hazard Identification Branch, Mitigation Directorate, 500 C Street SW.,
Washington, DC 20472, (202) 646-2756, or by facsimile at (202) 646-4596
(not toll-free calls).
SUPPLEMENTARY INFORMATION: Section 102(b) of the Flood Disaster
Protection Act of 1973, as amended by the National Flood Insurance
Reform Act of 1994 (NFIRA) (42 U.S.C. 4012a(b)), requires that
federally regulated lending institutions and federal agency lenders
review the National Flood Insurance Program map for the community in
which they are contemplating making, increasing, extending, or renewing
any loan secured by improved real estate to determine whether the
property is located in an identified Special Flood Hazard Area, and if
so, require the purchase of flood insurance for the building or mobile
home. Section 528 of the NFIRA (42 U.S.C. 1365(a)) directs that FEMA
``shall develop a standard form for determining, in the case of a loan
secured by improved real estate or a mobile home, whether the building
or mobile home is located in an area identified by the Director [of
FEMA] as an area having special flood hazards and in which flood
insurance under this title is available.'' The purpose of the form is
to determine whether a structure is located within an identified
Special Flood Hazard Area (SFHA) and whether flood insurance may be
required and is available. Use of this form will ensure that required
flood insurance coverage is purchased for buildings located in an SFHA,
and will assist federal entities for lending regulation in assuring
compliance with these purchase requirements.
Section 528(c) of the NFIRA (42 U.S.C. 1365(c)) requires that
federal entities for lending regulation shall by regulation require the
use of this form by regulated lending institutions. Each federal agency
lender shall also, by regulation, provide for the use of the form with
respect to any loan made by such federal agency lender. The Federal
National Mortgage Association, the Federal Home Loan Mortgage
Corporation and the Government National Mortgage Association shall
require the use of the form with respect to any loan purchased by such
entities. Rules specifying the use of this form will be published
separately by these federal agencies. However, as required by the
NFIRA, FEMA is presenting the form itself in this proposed rule to
provide an opportunity for review and comment.
The NFIRA also directs FEMA to consult with representatives of the
mortgage and lending industry, the federal entities for lending
regulation, the federal agency lenders and any other appropriate
individuals in developing this form. Before publishing this proposed
rule, FEMA held an informal 30-day review period. We provided a copy of
a two-page draft standard hazard determination form to over 400
individuals, agencies and groups representing the following interests:
Federal entities for lending regulation, federal agency lenders,
government-sponsored enterprises for housing, lenders, insurance
agents, flood zone determination companies, attorneys, trade
associations, professional surveyors and engineers, and floodplain
managers. We received a total of 74 comments by February 16, 1995. The
breakdown of respondents is as follows: Seven federal entities for
lending regulation, federal agency lenders, and government-sponsored
entities for housing; 10 lenders; 14 insurance agents; 12 flood zone
determination companies; nine associations representing bankers, credit
unions, floodplain managers, and surveyors; one engineering firm; one
software corporation; five state/local floodplain managers; and 15
other individuals.
There were several recurring themes in the comments, which have
been addressed in the current version of the form. The focus of the
form has been significantly narrowed. Much extraneous information has
been deleted and the form has been shortened to one page. We prepared a
one-page set of instructions to accompany the form. The instructions
refer to the source for obtaining information needed to complete the
form. All references to ``property'' have been replaced with
``building/mobile home.'' An entry for the amount of flood insurance
required by the lender has been included. The amount of space available
for the property address has been enlarged. The sections of the form
have been streamlined, and the lender information is clearly separated
from the determination section. Some sections of the form may be left
blank, depending on the determination. Additional space was provided
for comments and for the preparer's information.
We received many comments regarding the availability of the form in
an electronic format. The NFIRA states that the form may be used in a
printed, computerized, or electronic manner. Once finalized, the form
will be made available by FEMA in an electronic format. We anticipate
that a standard format common to all potential users will be employed
for this electronic version.
Some of the questions we received during the informal review period
related to use of the form, for example: will the form content be
mandatory or will the use of the form be mandatory? Section 528(c) of
the NFIRA (42 U.S.C. 1365(c)) mandates that
``Federal entities for lending regulation shall by regulation
require the use of the form under this section by regulated lending
institutions. Each [[Page 17759]] Federal agency lender shall by
regulation provide for the use of the form with respect to any loan
made by such Federal agency lender. The Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation and the
Government National Mortgage Association shall require the use of the
form with respect to any loan purchased by such entities.'' The federal
entities for lending regulation, federal agency lenders, and
government-sponsored entities for housing will establish the
regulations and guidelines regarding the use of the form later.
We also received comments regarding review of determinations by
FEMA, outlined in Section 524 of the NFIRA. We anticipate publishing a
proposed rule for these procedures soon.
National Environmental Policy Act
This proposed rule would be categorically excluded from the
requirements of 44 CFR Part 10, Environmental Consideration. No
environmental impact assessment has been prepared.
Regulatory Flexibility Act
The Associate Director, Mitigation Directorate, certifies that this
rule would not have a significant economic impact on a substantial
number of small entities in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., because it would not be 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. Moreover, establishing the Standard Hazard Determination Form
is required by the National Flood Insurance Reform Act of 1994, 42
U.S.C. 4012a. A regulatory flexibility analysis has not been prepared.
Regulatory Planning and Review
This proposed rule would not be a significant regulatory action
under Executive Order 12866 of September 30, 1994, Regulatory Planning
and Review, 58 FR 51735. To the extent possible this proposed rule
adheres to the principles of regulation as set forth in Executive Order
12866. This proposed rule has not been reviewed by the Office of
Management and Budget under the provisions of Executive Order 12866.
Executive Order 12612, Federalism
This proposed rule would involve no policies that have federalism
implications under Executive Order 12612, Federalism, dated October 26,
1987. Executive Order 12778, Civil Justice Reform. This proposed rule
would meet the applicable standards of section 2(b)(2) of Executive
Order 12778.
List of Subjects in 44 CFR Part 65
Flood insurance, Reporting and recordkeeping requirements.
Accordingly, 44 CFR part 65 is proposed to be amended as follows:
PART 65--IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS
1. The authority citation for Part 65 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 of Mar. 31,
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.
2. Section 65.16 is added to read as follows:
Sec. 65.16 Standard Hazard Determination (Flood Hazards) Form and
Instructions.
Section 528 of the National Flood Insurance Reform Act of 1994 (42
U.S.C. 1365(a)) directs that FEMA ``shall develop a standard form for
determining, in the case of a loan secured by improved real estate or a
mobile home, whether the building or mobile home is located in an area
identified by the Director as an area having special flood hazards and
in which flood insurance under this title is available.'' The purpose
of the form is to determine whether a structure is located within an
identified Special Flood Hazard Area (SFHA) and whether flood insurance
may be required and is available. Use of this form will ensure that
required flood insurance coverage is purchased for buildings located in
an SFHA, and will assist federal entities for lending regulation in
assuring compliance with these purchase requirements. The Standard
Hazard Determination (Flood Hazards) form and accompanying instructions
are found below in Appendix A to Part 65.
3. Appendix A to Part 65 is added at the end of Part 65 as follows:
Appendix A to Part 65--Federal Emergency Management Agency, Standard
Hazard Determination (Flood Hazards) Form and Instructions.
BILLING CODE 6718-03-P
[[Page 17760]]
[GRAPHIC][TIFF OMITTED]TP07AP95.000
BILLING CODE 6718-03-C
[[Page 17761]]
Standard Hazard Determination (Flood Hazards) Instructions
Section I
2. Lender ID. No.: FDIC-ensured lenders should indicate their
FDIC Insurance Certificate Number; Federally-insured credit unions
should indicate their charter/insurance number; Farm Credit
institutions should indicate their UNINUM number.
5. The lender should attach legal property description only if
space provided is insufficient. Describe the property in sufficient
detail to locate the specific building or mobile home accurately; a
postal address in a rural area may be sufficient.
Section II
A. Determination: Self-explanatory.
B. Community Jurisdiction. The 6-digit National Flood Insurance
Program (NFIP) community number can be determined by consulting the
NFIP Community Status Book or can be found on the NFIP map; copies
of either can be obtained by calling 1-800-xxx-xxxx. For areas that
may have been annexed by one community but are shown on another
community's NFIP map, the Community Number for the community with
land-use jurisdiction over the area should be used.
C. NFIP Data Affecting Building/Mobile Home. The information in
this section (excluding the LOMA/LOMR information) is obtained by
reviewing the NFIP map on which the building/mobile home is located.
If no NFIP map exists, check the box under ``No NFIP Map''.
NFIP Maps. The current NFIP map, and a pamphlet titled ``Guide
to Flood Maps'' (FEMA-258) may be obtained by calling 1-800-xxx-
xxxx.
LOMAs and LOMRs. If a Letter of Map Amendment (LOMA) or Letter
of Map Revision (LOMR) has been issued by FEMA since the current Map
Panel Effective/Revised Date that revises the flood hazards
affecting the building or mobile home, check ``yes'' and specify the
date of the letter; otherwise, check ``no''. Information on LOMAs
and LOMRs is available from the following sources:
1. The community's official copy of its NFIP map should have a
copy of all subsequently-issued LOMAs and LOMRs attached to it.
2. For LOMAs and LOMRs issued on or after October 1, 1994, FEMA
publishes a list of these letters twice a year as a compendium in
the Federal Register; a subscription service providing actual copies
of these letters semi-monthly is also available. To inquire about
these two services, all 1-800-xxx-xxxx.
3. Information about most LOMAs and LOMRs issued since 1983
nationwide is contained in FEMA's Community Information System. An
electronic listing may be requested, and may be limited to specific
communities or states, if desired. For information on this service,
call 1-800-xxx-xxxx.
D. Federal Flood Insurance Availability. To obtain Federal flood
insurance, provide a copy of this completed form to an insurance
agent. Federal flood insurance is available to all residents of a
community that participates in the NFIP. Community participation
status can be determined by consulting the NFIP Community Status
Book. Federal flood insurance is prohibited in designed Coastal
Barrier Resources Areas (CBRAs) for buildings or mobile homes built
or substantially improved after the date of the CBRA designation. An
information sheet explaining CBRAs may be obtained by calling 1-800-
xxx-xxxx.
E. Comments. This form only requires a determination regarding a
single building's or mobile home's relation to a specific Flood
Hazard Area. If the person making the determination wishes to add
additional information regarding flood hazards (such as the
property's location with respect to floodways, etc.), he or she may
do here.
F. Preparer's Information. Self-explanatory.
Other Information
Multiple Buildings. Use a separate form for each building or
mobile home. A separate flood insurance policy is required for each
building or mobile home.
Guarantees regarding information. Determinations on this form
made by persons other than the lender are acceptable only to the
extent that the accuracy of the information is guaranteed.
Dated: March 30, 1995.
Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 95-8343 Filed 4-6-95; 8:45 am]
BILLING CODE 6718-03-P
