[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]


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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.

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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