[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Rules and Regulations]
[Pages 51461-51462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24559]
[[Page 51461]]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 72
RIN 3067-AC88
National Flood Insurance Programs; 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 procedures and fees for processing
changes to NFIP maps by removing the fee payment requirements for
processing certain changes. Under this rule, map change requests based
on flood hazard information meant to improve upon that shown on the
flood map or within the flood study will be exempt from review and
processing fees. Improvements to flood maps or studies, which partially
or wholly incorporate man-made modifications within the special flood
hazard area, will not be exempt from review and processing fees.
EFFECTIVE DATE: This rule is effective on September 23, 1999.
FOR FURTHER INFORMATION CONTACT:
Matthew B. Miller, Chief, Hazards Study Branch, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street SW, Washington, DC
20472, by telephone at (202) 646-3461, by facsimile at (202) 646-4596
(not toll-free calls), or by e-mail at matthew.miller@fema.gov.
SUPPLEMENTARY INFORMATION: This final rule revises the NFIP regulation
governing fee requirements for processing certain changes to NFIP maps.
We established the current fee requirements under a final rule
published in the Federal Register on February 6, 1997, 62 FR 5734.
Under current standards, request are exempt from submitting review
and processing fees for:
(a) Requests for map changes based on mapping or study analysis
errors;
(b) Requests for map changes based on the effects of natural
changes within Special Flood Hazard Areas (SFHAs);
(c) Request for a Letter of Map Amendment (LOMA);
(d) Requests for map changes based on federally sponsored flood-
control projects where 50 percent or more of the project's costs are
federally funded;
(e) Requests for map changes 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 Flood Insurance Rate Map (FIRM).
This rule maintains the fee exemptions for map change requests in
Items (a) through (e) above, and adds a new exemption in subsection
72.5(f), which exempts requesters from paying review and processing
fees when the aim of the request is to improve flood hazard information
shown on the flood map or within the flood study. Proposed improvements
to the flood hazard information that partially or wholly incorporate
man-made modifications within the special flood hazard area will not be
exempt from review and processing fees.
These final revisions to the NFIP regulations are a result of our
continuing reappraisal of the NFIP in order to achieve greater
administrative and fiscal effectiveness and to encourage sound
floodplain management.
Administrative Procedure Act Determination
We are publishing this final rule without opportunity for prior
public comment under the Administrative Procedure act, having
determined that it is a rule of agency procedure or practice excepted
under 5 U.S.C. 553(b)(A). We are further making this rule effective
immediately upon publication in the Federal Register under 5 U.S.C.
553(d)(1), for substantive rules that grant or recognize an exemption.
National Environmental Policy Act
44 CFR Part 10, Environmental Consideration categorically excludes
this final rule from its requirements. We have not prepared an
environmental impact assessment.
Regulatory Flexibility Act
As Director, I certify 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. We have not prepared
a regulatory flexibility analysis.
Paperwork Reduction Act
This rule does not involve any collection of information for the
purposes of the Paperwork Reduction Act.
Executive Order 12866, Regulatory Planning and Review
42 U.S.C. 4014(f), Promulgation of this final rule is required by
statute, 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.
Congressional Review of Agency Rulemaking
We have sent this final rule to the U.S. Congress and to the
General Accounting Office under the Congressional Review of Agency
Rulemaking Act, 5 U.S.C. 801 et seq. The rule is not a ``major rule''
within the meaning of that Act. 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. It will not have ``significant adverse
effects'' on competition, employment, investment, productivity, or
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, as certified previously, and (2) from the
Paperwork Reduction Act.
This rule is not an unfunded Federal mandate within the meaning of
the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4. The rule 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 72
Administrative practice and procedure, Flood insurance,
Floodplains, and Reporting and recordkeeping requirements.
Accordingly, we amend Part 72 as follows:
PART 72--PROCEDURES AND FEES FOR PROCESSING MAP CHANGES
1. The authority citation for part 72 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.
[[Page 51462]]
2. We revise section 72.5 to read as follows:
Sec. 72.5 Exemptions.
Requesters are exempt from submitting review and processing fees
for:
(a) Requests for map changes based on mapping or study analysis
errors;
(b) Requests for map changes based on the effects of natural
changes within SFHAs;
(c) Requests for a Letter of Map Amendment (LOMA);
(d) Requests for map changes based on federally sponsored flood-
control projects where 50 percent or more of the project's costs are
federally funded;
(e) Requests for map changes 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; and
(f) Requests for map changes based on flood hazard information
meant to improve upon that shown on the flood map or within the flood
study will be exempt from review and processing fees. Improvements to
flood maps or studies that partially or wholly incorporate man-made
modifications within the special flood hazard area will not be exempt
from review and processing fees.
Dated: September 9, 1999.
James L. Witt,
Director.
[FR Doc. 99-24559 Filed 9-22-99; 8:45 am]
BILLING CODE 6718-21-M
