[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.

-----------------------------------------------------------------------

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

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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