[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 [email protected].

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.


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    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]
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