[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 46330-46333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22077]
[[Page 46329]]
_______________________________________________________________________
Part VI
Federal Emergency Management Agency
_______________________________________________________________________
44 CFR Parts 65, 70, and 72
Flood Insurance Program: Identification and Mapping of Special Flood
Hazard Areas, Procedures for Map Correction, and Procedures and Fees
for Processing Map Changes; Interim Final Rule and Notice
Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules
and Regulations
[[Page 46330]]
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: Interim final rule.
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SUMMARY: This interim final rule will revise the National Flood
Insurance Program (NFIP) regulations concerning the identification and
mapping of Special Flood Hazard Areas (SFHAs) and revision of NFIP maps
by revising the fee requirements and schedule for processing certain
changes to NFIP maps. Under this interim 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 in the Federal Register.
DATES: This interim final rule is effective August 30, 1996. We invite
your comments on this interim final rule. Please submit comments on or
before October 1, 1996.
ADDRESSES: Please send written comments to the Rules Docket Clerk,
Office of the General Counsel, Federal Emergency Management Agency, 500
C Street SW., Washington, DC 20472, or by facsimile at (202) 646-4536
(not a toll-free call).
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: This interim final rule will revise the
National Flood Insurance Program (NFIP) regulations concerning the
identification and mapping of Special Flood Hazard Areas (SFHAs) and
revision of NFIP maps by revising the fee requirements and schedule for
processing certain changes to NFIP maps. The current fee requirements
and schedule were established under a final rule published in the
Federal Register on June 30, 1992, 57 FR 29036.
This action will reduce expenses to the NFIP and will contribute to
the NFIP's self-support 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 payment of user fees in full before beginning 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 fee exemptions for requests involving LOMAs and requests to
correct mapping or analysis errors; 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 interim final rule supersedes the fee schedules that were
established on June 30, 1992. It also expands the payment method to
include credit card payments.
Under this interim 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.
These amendments to the NFIP criteria for identification and
mapping of SFHAs are a result of the continuing reappraisal of the NFIP
for the purposes of achieving greater administrative and fiscal
effectiveness and encouraging sound floodplain management so that
reductions in the loss of life and property and in disaster-related
expenditures can be realized.
Establishment of Flat User Fees
The existing fee collection process is complex and its
administration requires time-intensive efforts on the part of FEMA. It
also increases the time required to provide 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 further complicated by the pre-
authorized spending limits placed on each product. When FEMA determines
that these limits will be exceeded, written authorization must be
obtained before proceeding with their review. Processing the request is
delayed until the written authorization is received.
Under this interim final rule, FEMA will charge 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 could recover more
of the actual costs than are recovered by the current system and
redistribute the overall cost of operations.
Requirement for Full Up-Front Payment
Under this interim final rule, the requester will be required to
submit the full fee payment before any work is begun on most map change
requests. This will minimize the need for follow-up invoicing and
ensure FEMA collects appropriate fees for services rendered.
Consolidation of Product Categories
Under this interim final rule, LOMC services and PMRs with similar
review and processing requirements will be consolidated into the same
fee category. As a result, the number of fee categories is reduced from
19 to 10.
Limitation of Fee Exemptions
Under current standards, requesters are exempted 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. This is handled
by the LOMA process detailed in 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 interim final rule, exemptions are maintained only for
requests for LOMAs and requests to correct mapping or analysis errors.
Maintenance of Initial Fee for Requests Based on Structural Measures on
Alluvial Fans
Under this interim final rule, the initial fee for LOMC requests
based on structural measures on alluvial fans will be maintained
because 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
[[Page 46331]]
significantly. Based on a review of actual processing costs for Fiscal
Year 1995, $5,000 will be established as the initial fee for such
requests, with the remaining costs to be recovered before the LOMC is
issued, consistent with current fee-reimbursement practices. Under this
interim final rule, the hourly rate used to calculate the total fees
that must be reimbursed is increased to $50.
National Environmental Policy Act
This interim final rule is categorically excluded from the
requirements of 44 CFR part 10, Environmental Consideration. No
environmental impact assessment has been prepared.
Regulatory Flexibility Act
The Acting Associate Director, Mitigation Directorate, certifies
that this interim 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. 610 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 interim 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 interim final rule meets the applicable standards of Section
2(b)(2) of Executive Order 12778, Civil Justice Reform.
Executive Order 12866, Regulatory Planning and Review
Promulgation of this interim final rule is required by statute, 42
U.S.C. 4014(f), which also specifies the regulatory approach taken in
the interim final rule. To the extent possible under the statutory
requirements of 42 U.S.C. 4014(f), this interim final rule adheres to
the principles of regulation as set forth in Executive Order 12866,
Regulatory Planning and Review.
(Catalog of Federal Domestic Assistance No. 83.100, Flood Insurance)
List of Subjects in 44 CFR Parts 65, 70, and 72
Administrative practice and procedure, Flood insurance,
Floodplains, and 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 and
Flood Boundary and Floodway Maps are subject to the cost recovery
procedures described in part 72 of this subchapter. As indicated in
part 72, revisions requested to correct mapping errors or errors in the
Flood Insurance Study analysis are not subject to cost-recovery
procedures.
3. Section 65.5(d) is revised to read as follows:
Sec. 65.5 Revision to special 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 part 72 of
this subchapter.
4. 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 the
FEMA Headquarters Office in Washington, DC, and shall be accompanied by
the appropriate payment, in accordance with part 72 of this subchapter.
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 will justify a map
revision, if built as proposed. FEMA's comments will be issued in the
form of a letter, termed a Conditional Letter of Map Revision, in
accordance with part 72 of this subchapter. The data required to
support such requests are the same as those required for final
revisions in accordance with 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 part 72
of this subchapter.
6. Section 65.9(h) is added to read as follows:
Sec. 65.9 Review and response by the Administrator.
* * * * *
(h) The required payment, in accordance with part 72 of this
subchapter, has not been submitted, and 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 inadvertently included in a Special
Flood Hazard Area (SFHA) may request FEMA's comments on whether the
proposed structure(s) will be in the SFHA if built as proposed. FEMA's
comments will be issued in the form of a letter, termed a Conditional
Letter of Map Amendment (CLMA). 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 part 72 of this subchapter. All
such requests for CLOMAs shall be submitted to the FEMA Regional Office
servicing the community's geographic area or 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:
[[Page 46332]]
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.
The purpose of this part is to provide 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 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 set
forth in Part 59 of this subchapter are applicable to this part. For
the purpose 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 upon construction, will 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 upon
construction will affect the hydrologic or hydraulic characteristics of
a flooding source and thus result in the modification of the existing
effective base flood elevations, the Special Flood Hazard Area (SFHA),
or the regulatory floodway.
CLOMR-F. A CLOMR-F is FEMA's comment on a proposed project that
upon construction will result in a modification of the SFHA through the
placement of fill outside the 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,
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 regulatory floodway.
Physical Map Revision. A Physical Map Revision (PMR) is FEMA's
revision and republication of an effective FIRM, FBFM, or FIS report
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 Physical Map Revisions
based on structural measures on alluvial fans, an initial fee subject
to the provisions of Sec. 72.4, shall be paid to FEMA before FEMA
begins 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 Physical Map Revisions
based on structural measures on alluvial fans, the total fee is to be
calculated based on the total hours expended by FEMA in reviewing and
processing 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, will 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 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 for LOMRs and Physical Map Revisions based on projects
involving bridges, culverts, or channels, or combinations thereof;
(5) Requests for LOMRs and Physical Map Revisions based on projects
involving levees, berms, or other structural measures;
(6) Requests for LOMRs and Physical Map Revisions based on as-built
information for projects for which CLOMRs were issued previously by
FEMA;
(7) Requests for LOMRs and Physical Map Revisions based solely on
more detailed data;
(8) Requests for CLOMRs based on projects involving new hydrologic
information, bridges, culverts, or channels, or combinations thereof;
and
(9) Requests for CLOMRs based on projects involving levees, berms,
or other structural measures.
(d) 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 shall include FEMA's costs for physically revising affected
FIRM and FBFM panels to reflect map changes at a later date.
(e) In addition to the flat user fees for Physical Map Revisions,
payment of a fee for FEMA's cartographic production costs, based on
actual per-panel costs, shall be required.
(f) Revisions to the fees, if necessary, will 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 Physical Map Revisions
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 and flat user fees before it will
begin any review. The fee is non-refundable when FEMA begins its
review.
(c) Following completion of FEMA's review for any CLOMR, LOMR, or
Physical Map Revision 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 will
[[Page 46333]]
not issue a determination letter or revised map panels until the
invoice amount is received.
(d) For all map revision requests, FEMA will bear the cost of
reprinting and distributing the revised FIRM or FBFM panels, 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 set
forth in this part as a result of transmitting the application by
another party 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.
(g) For CLOMA, CLOMR-F, LOMA, and LOMR-F requests, FEMA shall:
(1) Notify the requester and the 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 the 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, or affected portions of the FIS
report to the community and the requester for review and comment.
14. In Sec. 72.5, paragraphs (a) and (b) are revised to read as
follows:
Sec. 72.5 Exemptions.
(a) Requests for map changes based on mapping or analysis errors or
the effects of natural changes within Special Flood Hazard Areas shall
be exempt from fees.
(b) Requests for LOMAs shall be exempt from fees.
* * * * *
15. Section 72.6 is revised to read as follows:
Sec. 72.6 Unfavorable response.
(a) A request for a CLOMA, CLOMR, or CLOMR-F may be denied or the
determination may contain specific comments, concerns, or conditions
regarding a proposed project or design and its impacts on flood hazards
in a community. A requester is not entitled to any refund of the fees
paid if the determination contains such comments, concerns, or
conditions, or if the request is denied. A requester is not entitled to
any refund of the fees paid if the requester is unable to provide the
appropriate scientific or technical documentation or to obtain required
authorizations, permits, financing, etc., for which the CLOMA, CLOMR,
or CLOMR-F was sought.
(b) A request for a LOMR, LOMR-F, or Physical Map Revision 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 requester. A requester is not
entitled to any refund of the fees paid if the revision request is
denied or if the LOMR, LOMR-F, or Physical Map Revision action does not
revise the map specifically as requested.
16. Section 72.7 is revised to read as follows:
Sec. 72.7 Resubmittals.
(a) Any resubmittal of a CLOMA, CLOMR, CLOMR-F, LOMR, LOMR-F, or
Physical Map Revision request more than 90 days after FEMA notification
that the request has been denied or after the review has been
terminated because insufficient information was provided by the
requester will be treated as an original submission and subject to all
submittal/payment procedures described in Sec. 72.4. The procedure in
Sec. 72.4 also applies to any resubmitted request (regardless of when
it is 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 a LOMR, LOMR-F, or Physical Map Revision request is made
following a CLOMR or CLOMR-F issued previously by FEMA, the procedures
in Sec. 72.4 and the appropriate fee, as referenced in Sec. 72.3(c),
apply when the as-built conditions differ from the proposed conditions
on which the issuance of the CLOMR or CLOMR-F was based.
Dated: August 23, 1996.
Richard W. Krimm,
Acting Associate Director, Mitigation Directorate.
[FR Doc. 96-22077 Filed 8-29-96; 8:45 am]
BILLING CODE 6718-04-P
