[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27856-27857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13443]
=======================================================================
-----------------------------------------------------------------------
FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65
RIN 3067-AC81
National Flood Insurance Program; Removal of Form
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule removes appendix A to part 65, which contains the
FEMA Standard Flood Hazard Determination form, and removes reference to
the form and tells readers how to obtain copies of it. The form is used
in the process of making, increasing, extending, renewing, selling, or
transferring mortgages to ensure that buildings and mobile homes
located in an identified Special Flood Hazard Area (SFHA) are covered
by flood insurance. FEMA will publish notices of the availability of
the form from time to time; the form is also available by fax-on-demand
and on the Internet at FEMA's web site. Removal of the form from the
CFR will enhance FEMA's ability to incorporate changes to the form
outside of the rulemaking process, while continuing to provide full
notice of availability of the form to the public and to affected
parties.
EFFECTIVE DATE: This rule is effective on May 21, 1998.
FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Mitigation
Directorate, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646-3461, or by facsimile at (202) 646-4596
(not toll-free calls) for additional information.
SUPPLEMENTARY INFORMATION. As part of our implementation of the
National Flood Insurance Reform Act of 1994, FEMA published a final
rule at 60 FR 35276, July 6, 1995, to establish a standard form for
determining whether a building or mobile home is located in an SFHA,
whether flood insurance is required, and whether Federal flood
insurance is available. The federal entities for lending regulation
published a final rule (60 FR 35286, July 6, 1995) requiring use of the
form. Use of the form by federally regulated lenders became mandatory
on January 2, 1996. The OMB number for the current form expires on
April 30, 1998 but OMB has extended the expiration date for an
additional 90 days.
During the two years that this form has been in use, many users
have commented on the form asking FEMA to make minor changes and
clarifications. By separate notice published today in the Federal
Register we propose changes to the form and we request comments on the
proposed changes from the public and from other Federal agencies.
This rule removes Appendix A to Part 65--Federal Emergency
Management Agency, Standard Flood Hazard Determination Form and
Instructions. The form will continue in use and will continue to be
available by written request, by fax-on-demand, and through the
Internet at http://www.fema.gov/nfip/mpurfi.htm. Removal of the form
from the Code of Federal Regulations will enhance FEMA's ability to
incorporate changes to the form outside of the rulemaking process,
while continuing to provide full notice of the availability of the form
to the public and to affected parties.
This rule also revises 44 CFR 65.16, Standard Flood Hazard
Determination Form and instructions. The revision removes the reference
to the form and instructions being found in Appendix A to Part 65 and
tells how readers can obtain copies of the form and its accompanying
instructions.
Executive Order 12866, Regulatory Planning and Review
This final rule is not a significant regulatory action within the
meaning of Sec. 2(f) of E.O. 12866 of September 30, 1993, 58 FR 51735,
but attempts to adhere to the regulatory principles set forth in E.O.
12866. The rule has not been reviewed by the Office of Management and
Budget under E.O. 12866.
Regulatory Flexibility Act.
The Director certifies that this rule is not a major rule under
Executive Order 12291. It will not have significant impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, and is not expected (1) to affect adversely
the availability of disaster assistance
[[Page 27857]]
funding to small entities, (2) to have significant secondary or
incidental effects on a substantial number of small entities, or (3) to
create any additional burden on small entities. FEMA has not prepared a
regulatory flexibility analysis of this proposed rule.
Paperwork Reduction Act
This final rule does not contain a collection of information and
therefore is not subject to the provisions of the Paperwork Reduction
Act of 1995.
Congressional Review of Agency Rulemaking
This final rule has been submitted to the Congress and to the
General Accounting Office under the Congressional Review of Agency
Rulemaking Act, Pub. L. 104-121. The rule is not a ``major rule''
within the meaning of that Act. It is an administrative action in
support of normal day-to-day activities. It does not result in nor is
it likely to result in an annual effect on the economy of $100,000,000
or more; it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and it will not have ``significant
adverse effects'' on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises.
This final rule is exempt (1) from the requirements of the
Regulatory Flexibility Act, and (2) from the Paperwork Reduction Act.
The rule is not an unfunded Federal mandate within the meaning of the
Unfunded Mandates Reform Act of 1995, Pub.L. 104-4. It does not meet
the $100,000,000 threshold of that Act, and any enforceable duties are
imposed as a condition of Federal assistance or a duty arising from
participation in a voluntary Federal program.
List of Subjects in 44 CFR Part 65
Flood insurance, Reporting and recordkeeping requirements.
Accordingly, 44 CFR Part 65 is amended as follows:
PART 65--IDENTIFICATION AND MAPPING OF SPECIAL 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 of March
31, 1979, 44 FR 19367, 3 CFR, 1979 Comp, p. 376.
Appendix A to Part 65 [Removed]
2. Appendix A to Part 65--Federal Emergency Management Agency,
Standard Flood Hazard Determination Form and Instructions is removed.
3. Section 65.16 is revised to read as follows:
Sec. 65.16 Standard Flood Hazard Determination Form and Instructions.
(a) Section 528 of the National Flood Insurance Reform Act of 1994
(42 U.S.C. 1365(a)) directs FEMA to 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 building or mobile home is located
within an identified Special Flood Hazard Area (SFHA), whether flood
insurance is required, and whether federal flood insurance is
available. Use of this form will ensure that required flood insurance
coverage is purchased for structures located in an SFHA, and will
assist federal entities for lending regulation in assuring compliance
with these purchase requirements.
(b) The form is available by written request to Federal Emergency
Management Agency, PO Box 2012, Jessup, MD 20794; ask for the Standard
Flood Hazard Determination form. It is also available by fax-on-demand;
call (202) 646-3362, form # 23103. Finally, the form is available
through the Internet at http://www.fema.gov/nfip/mpurfi.htm.
Dated: May 14, 1998.
James L. Witt,
Director.
[FR Doc. 98-13443 Filed 5-20-98; 8:45 am]
BILLING CODE 6718-04-P
