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Federal Emergency Management Agency
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DEC 91985
MEMORANDUM FOR: CHIEF EXECUTIVE OFFICER O�C2 3� j4 ')
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FROM Jef,� S . Bragg %co. '
inistrator
Federal Insurance Administration
SUBJECT Revisions to National Flood Insurance
Program Floodplain Management Criteria
On September 4 , 1985 , the Federal Emergency Management Agency ( FEMA)
published a Final Rule in the Federal Register which revises National
Flood Insurance Program (NFIP ) floodplain management criteria (copy
attached ) . I appreciate the many comments provided by communities
on the Proposed Rule , which was forwarded to you on April 23 , 1985 .
Many of these comments have been incorporated into the Final Rule
and others will be considered in the future .
The Final Rule revisions become effective on January 1 , 1986 . In
accordance with §60 . 7 of NFIP criteria , eligible communities generally
have six months from the effective date of a regulation to revise
their floodplain management measures to comply with that new
regulation. However, because provisions in the Final Rule are
either as restrictive or less restrictive than the current
requirements which they replace , no further action is required by
you if your ordinance is already fully compliant with NFIP criteria .
You should review your floodplain management measures to ensure
that all provisions that have been revised in the Final Rule are
already covered in your existing ordinances . If one or more
provisions are not contained in your existing ordinances , you must
amend your floodplain management measures to incorporate the revised
provisions in the Final Rule and submit your amended ordinances
to the FEMA Regional Office responsible for your State by
July 1 , 1986 (see attached list ) .
FEMA regards these changes in the Final Rule as significant
clarifications or improvements over the provisions that they replace .
Many were intended to address problems that communities have
identified in administering their floodplain management measures .
This is particularly true of the changes in §60 .3 (e ) which apply to
communities with V-zones ( coastal high hazard areas ) designated on
their Flood Insurance Rate Maps (FIRMs ) . New standards for breakaway
Moo) 851095
- 2 -
walls at §60 . 3 (e ) ( 5 ) should be easier to administer than the current
general performance standard .
You should be aware that it is anticipated that additional revisions
to NFIP floodplain management criteria will become effective late
in 1986 . If your floodplain management measures are already compliant
with current NFIP criteria, you may wish to delay adoption of the
September 4 , 1985 revisions until that time .
An attached sheet summarizes the changes in the Final Rule which
affect communities with specified types of flood data . If you have
questions regarding the Final Rule or any NFIP requirement or need
technical assistance of any kind , please contact the appropriate
FEMA Regional Office .
Attachment
SUMMARY OF CHANGES TO NATIONAL FLOOD INSURANCE PROGRAM
FLOODPLAIN MANAGEMENT CRITERIA CONTAINED IN THE
SEPTEMBER 4, 1985 FINAL RULE
Changes to NFIP criteria by type of community:
1 . Communities without Flood Hazard Boundary Maps ( FHBMs ) or Flood
Insurance Rate Maps ( FIRMS ) .
-No Changes .
2 . Communities with FHBMs or FIRMs .
a . §60 .3 ( b) ( 5 ) . Deletes "For the purpose of the determination
of applicable flood insurance risk premium rates" from the
requirement that communities obtain the elevation of the
lowest floor of new and substantially improved structures
in flood hazard areas . Lowest floor elevations must be
obtained in order to enforce local floodplain management
regulations . Communities should already have this
requirement in their ordinances or administrative procedures
and no changes should be necessary .
b . §60 . 3( b ) ( 8 ) . Replaces the specific mobile home tiedown
requirement in the current NFIP criteria with a general
performance standard . Mobile homes must now be elevated
and anchored to prevent flotation, collapse , and lateral
movement . Use of over-the-top or frame ties will continue
to be acceptable and you need not change your ordinances .
However, FEMA believes that there are other anchoring
techniques that are more effective or as effective in
resisting flood forces as over-the-top or frame ties .
FEMA' s manual , "Manufactured Home Installation in Flood
Hazard Areas , " published in September 1985 provides guidance
on these other anchoring techniques .
3 . Communities with FIRMs where base flood elevations have been
established.
a . Changes in item 2 above .
b . §60 . 3(c ) (4 ) . Modifies the current requirement that for
floodproofed nonresidential construction , a registered
professional engineer or architect certify that the flood-
proofing methods used are adequate to withstand flood
forces associated with the base flood . This requirement
has been modified to be consistent with revised language at
§60 .3(e ) ( 4 ) for Zones V1-30 . Although FEMA regards this new
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certification language as an improvement over the provision
that it replaces, certifications based on the current
provision will continue to be acceptable and ordinances
need not be changed .
c . §60 . 3( c ) ( 5 ) and ( 6 ) . Replaces the requirements that mobile
homes be elevated only on fill or on a specified piling
system with general requirements that the lowest floor of
the mobile home be elevated to or above the base flood
elevation. This change allows for the use of other elevation
techniques as provided for in the FEMA manual "Manufactured
Home Installation in Flood Hazard Areas . " If you do not
wish to allow the use of these other elevation techniques,
no ordinance changes are required .
4 . Communities with FIRMs on which Zones V, VE , or V1-30 ( coastal
high hazard areas ) have been identified .
a. Changes in items 2 and 3 above .
b. §60 . 3 (e ) ( 2 ) . Replaces a requirement that the community
obtain the elevation of the top surface of the lowest floor
of all new and substantially improved structures in Zones
V, VE , and V1-30 with a requirement that the elevation of
the bottom of the lowest structural member of the lowest
floor be obtained instead. This change makes §60 .3 ( e ) ( 2 )
consistent with the elevation requirement §60 .3 (e ) ( 4 ) . You
should make this change if you have not already done so.
c . §60 .3(e ) ( 4 ) . Modifies the requirement in the current
regulations that a registered engineer or architect certify
that new or substantially improved V-Zone construction is
securely anchored to adequately anchored pilings or columns
in order to withstand velocity waters and hurricane wave
wash. The revised provision in the Final Rule reorganizes
and clarifies the basic elevation requirement of this
section and modifies the language of the certification
required by a registered professional engineer or architect .
If your ordinances contain provisions that meet the current
requirement, you do not need to amend your ordinance .
However, engineers and architects have indicated a reluctance
to make the as built certification required by the current
regulation. As a result, FEMA recommends that you incorporate
the revised language in your ordinance .
d . §60 . 3 (e ) ( 5 ) . Replaces the current requirement on the use
of breakaway walls to enclose areas below the elevated floor
in V-Zones . The current requirement is a general performance
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standard that communities and others have indicated is
difficult to administer . The revised requirement in the
Final Rule establishes more specific performance standards
and limits enclosures to insect screening , open wood lattice-
work, or breakaway walls that have a design safe loading
resistance of not less than 10 and no more than 20 pounds
per square foot . Stronger walls must be certified by a
registered professional engineer or architect . This change
is an expansion of the current general performance standard
and does not change the basic requirement that breakaway
walls be intended to collapse under stress without jeopardizing
the structural support of the structure . If your community
is having difficulties administering this general performance
standard, you should make this change at your earlist
convenience. FEMA suggests that you incorporate the language
in the Final Rule into your ordinance intact . In 1976
FEMA will be publishing a revised version of the Coastal
Construction Manual which will contain specific guidance
on how to design breakaway walls which meet the wall loading
criteria described above . Copies of this design manual
will be obtained by contacting the Natural and Technological
Hazards Division of the FEMA Regional Office servicing your
area (see attached Regional Office Listing ) .
FEDERAL EMERGENCY MANAGEMENT AGENCY REGIONAL ADDRESSES
Correspondence should be sent to the attention of :
Chief , Natural and Technological Hazards Division
REGION I REGION II
CT, ME , MA, NH , RI , VT NJ , NY , PR, VI
FEMA I FEMA II
462 J . W. McCormack POCH 26 Federal Plaza , Room 1349
Boston, Massachusetts 02109 New York , New York 10278
( 617 ) 223-4741 ( 212 ) 264-8980
REGION III REGION IV
DE , DC, MD, PA, VA, WV AL, FL, GA, KY, MS ,
FEMA III FEMA IV
Liberty Square Bldg . , ( 2nd Floor ) 1371 Peachtree St . N .E .
105 S . Seventh, Street Suite 700
Philadelphia , Pennsylvania 19106 Atlanta , Georgia 30309
( 215 ) 597-9416 ( 404 ) 881-2400
REGION V REGION VI
IL, IN, MI , MN , OH , WI AR, LA, NM, OK, TX
FEMA V FEMA VI
300 South Wacker Drive , 24th Floor Federal Regional Center , Room 206
Chicago, Illinois 60606 800 North Loop 288
( 312 ) 353-1500 Denton, Texas 76201
( 817 ) 387-5811
REGION VII REGION VIII
IA, KS, MO, NE CO, MT, ND, SD, UT, WY
FEMA VII FEMA VIII
911 Walnut Street Federal Center , Building 710
Room 300 Denver, Colorado 80225
Kansas City, Missouri 64106 ( 303 ) 235-4900
( 816 ) 374-5912
REGION IX REGION X
AZ , CA, HI , NV AK, ID, OR, WA
FEMA IX FEMA X
Building 105 Federal Regional Center
Presidio of San Francisco 130 228th Street , S .W.
San Francisco, California 94129 Bothell , Washington 98021
( 415 ) 556-8794 ( 206 ) 396-0284
Wednesday
September 4, 1985
e
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=-=z-
n
i Part V
Federal Emergency
c _ - Management Agency
44 CFR Parts 59, 60, 61, 64, 66, 70, 72,
and 75
National Flood Insurance Program; Final
Rule
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36016 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 / Rules and Regulations
FEDERAL EMERGENCY notifying these communities that their failed to obtain compliance.The
MANAGEMENT AGENCY flood plain management programs are impending probation should be no
regarded as not compliant.The surprise to those few communities that
44 CFR Parts 59,60,61,64,66,70,72, proposed rule provided for an additional continue to be noncompliant at that
and 75 premium of$50.00 to be paid on all new point.
or renewal policies issued for a year However,in order to meet more fully
[Docket No.FEMA-FIA] after the community is placed on some of the concerns expressed in the
National Flood Insurance Program probation and for successive one-year comments, a number of revisions have
periods if the community remains on been made in the final rule.The 30-day
AGENCY:Federal Insurance probation.Public comment was solicited notice of impending probation has been
Administration(FIA),Federal on whether the proposed flat charge of lengthened to a 90-day compliance
Emergency Management Agency $50 per policy or a percentage increase period,during which the community
(FEMA), per policy would be more appropriate. would have the opportunity to avoid
ACTION:Final rule. Twenty-seven comments specifically probation by demonstrating compliance
addressed probation.Sixteen of these with Program requirements,or by
SUMMARY:This final rule irises the comments clearly supported the concept correcting Program deficiencies and
National Flood Insurance Program of probation with a surcharge on remedying all violations to the
(NTIP)regulations dealing with flood grounds that this would help achieve maximum extent possible.The addition
plain management standards,risk community compliance with Program of language on correcting Program
premium rate zone designations, regulations and provide FEMA with deficiencies and remedying all
reimbursement for FEMA engineering enforcement options short of suspension violations to the maximum extent
review,flood insurance coverage,the of a community's eligibility.Six possible was added to clarify what is to
Standard Flood Insurance Policy terms comments opposed probation with a be expected of communities.A Program
and provisions.and the sale of flood surcharge for a variety of reasons.The deficiency is a defect in a community's
insurance. other five comments were on some flood plain management regulations or
EFFECTIVE DATE:January 1.1986. aspect of probation,but did not clearly administrative procedures that impairs
indicate either support or opposition to effective implementation of those flood
FOR FURTHER INFORMATION CONTACT: P
the concept of probation. management regulations.This
Charles M.Plaxico,Federal Emergency Although there was strong overall plaing g
Management Agency,Federal Insurance language has also been incorporated
Administration,500 C Street SW., support for probation with a surcharge, elsewhere in § 59.24(b)and(c)where
the comments varied as to the type of
Washington,D.C.20472; telephone surcharge favored and the mechanics of appropriate.A requirement has been
number(202)646-3422. imposing probation on a community.Six added that a press release be issued to
SUPPLEMENTARY INFORMATION:On April comments expressed the belief that local media explaining the probation.A
15,1985,FEMA published for comment communities needed more than the 30 change has been made to delay the
in the Federal Register(Vol.50,Page days allotted in the proposed rule to effective date of the surcharge until
14904)a proposed rule containing correct deficiencies in their flood plain October 1,1986.This delay will enable
revisions to the National Flood management programs and to remedy FEMA to develop the procedures and
Insurance Program(NFIP)which were violations of their ordinances. contractual arrangements required to
the result of a continuing reappraisal of Suggestions of appropriate time periods implement the surcharge in cooperation
the NFIP from the standpoint of ranged from 45 to 180 days.Six with its servicing contractor and also
maintaining a business-like approach to comments suggested that FEMA notify with the approximately 200 Write-Your-
the administration of the NFIP by each policyholder in the community Own companies that are authorized to
emulating successful property insurance prior to imposing the probation market NFIP flood insurance.FEMA will
programs in he private sector while,at surcharge.Four comments suggested use the probation procedure without the
the same time,supporting the major that a press release be issued to local surcharge in the interim.The surcharge
FEMA goals of achieving greater media or that a legal notice be will only apply in communities that are
administrative and fiscal effectiveness published.The overall concern placed on probation on or after October
in the operation of the NFIP and expressed by these comments is that 1,1986.A final rule also provides that
encouraging sound flood plain FEMA ensure that a community and its when the probation is to begin on or
management so that reductions in loss policyholders are fully aware of the after October 1,1986,all policyholders
to life and property and in disaster impacts of probation and that the will be advised of the impending
expenditures can be realized,This community has an opportunity to take probation and the additional premium
reappraisal includes,in addition to the the actions necessary to avoid that will be charged on policies sold or
claims, coverage,rating, and sale of probation. . renewed in the community during the
insurance component,the loss reduction FEMA's intent is to delegate the period of probation.If at the end of the
(i.e.,flood plain mangement)and risk authority to impose probation to the ten 90 days,the community has not
assessment (i.e.,mapping of flood FEMA Regional Directors,FEMA demonstrated compliance or corrected
hazard areas and flood-risk zones) internal guidelines on community Program deficiencies and remedied
components of the NFIP. compliance and imposing probation violations to the maximum extent
(without a surcharge)already require possible,the probation will go in effect.
Probation that FEMA Regional staff visit a The final rule also makes it clear that
The proposed rule established in community,meet with local officials, FEMA will proceed to suspension while
§ 59.24 a probation procedure for and formally notify the community of a community is on probation if the
participating communities that fail to the deficiencies in its program and of community does not meet compliance
adequately enforce flood plain apparent violations.The Regional Office deadlines that are established.
management measures adopted to meet can proceed to probation only after its The proposed rule solicited public ....--
NFIP criteria.This procedure would efforts to provide technical assistance comments to ascertain which was the
provide FEMA with a means of formally and to consult with the community have appropriate method of imposing the
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Federal Register / k, .. 50, No. 171 / Wednesday, September 4, i985 / Rules and Regulations 36017
additional premium during probation, comments that argued that a$50 clearly states that the community itself
the proposed$50 flat charge per policy surcharge would be too high for some must adopt and enforce flood plain
or the alternative of a percentage policyholders.As a result, the amount of management measures as a condition of
increase in the premium of each policy. the surcharge has been reduced to$25. participation in the NFIP.FEMA's role is
Twelve comments addressed this issue. FIA believes that a surcharge of this size simply to monitor the community's
Two of the comments supported the$50 will still be effective in drawing the compliance with that requirement.No
surcharge.Comments that expressed attention of the policyholders to a community that adequately enforces its
general support of the probation concept community's noncompliance and regulations will be placed on probation.
and the proposed rule could also be obtaining their support for actions to
regarded as supporting the$50 avoid suspension, biennial Report
surcharge.Two comments suggested a Several comments suggested a The proposed rule contained a change
lower surcharge on the grounds that$50 different length of time for applying the to §59.22(b)(2)which would require
was excessive for low-income persons additional premium charge.but FEMA communities to submit a biennial rather
and tenants who generally have believes the principle already referred to than an annual report to FEMA
minimum premium policies. Seven of having all the policyholders in a regarding their NFIP participation.This
comments,all from State agencies, community share equally in the proposed change was intended to revise
suggested that a 25%surcharge would be increased premium applies to the NFIP criteria to reflect a decision that
fairer and more effective in obtaining duration of the surcharges as well. was made in 1981 to reduce the
compliance by communities.A number Therefore, the final rule still provides for frequency of the report from annual to
of these comments felt that the$50 applying the charge in complete one- biennial.The reduced frequency would
surcharge would be too high for low- year periods.One comment opposed a meet the objectives of the Paperwork
income persons,but too low to affect probation procedure and a premium Reduction Act by reducing burden hours
large-premium policyholders who surcharge for policyholders until a for participating communities and also
generally are more influential in local community rating system, using positive reflect the limited staff resources that
government affairs.Two of these and negative incentives,is established. were available at FEMA to process the
comments suggested that a 25% FEMA is studying such a community reports.Three comments supported the
surcharge be combined with a$200 cap rating system, and will continue to change and four opposed it.Two of the
to ensure that there would be no explore alternatives for implementing comments that opposed the change were
exceptional hardships.One comment such a system.but believes the from States which felt that the reports
suggested a$50 floor to maximize probation procedure in the proposed were a valuable source of information
pressure by policyholders on local rule represents a first step in that on commti.nity flood plain development
officials. direction and should not be delayed.In activities and should be conducted on
Although many of these suggestions addition,FEMA believes that a an annual basis, One State
have merit,FEMA continues to believe community rating system will be of only recommended an annual report for large
that the flat surcharge is the best of the limited effectiveness in obtaining communities and a biennial report for
available alternatives.Because compliance from those few communities small communities.
probation results from a community- that are candidates for probation.The FIA uses this report to allocate
wide problem,the beneficiaries of the main benefit of a community rating resources and to identify and establish
NFIP in a particular community(i.e..all system would be to provide incentives community priorities.The actual
policyholders)should share equally in that reward communities with monitoring of community flood plain
paying the additional premium during exemplary flood plain management development is accomplished through
probation.Actions or inactions by local programs. other mechanisms.As a result,FEMA
officials are ultimately the responsibility A number of other comments opposed believes that a biennial report is
of all citizens in the community.The flat the imposition of any type of surcharge sufficient given the resources available
surcharge distributes the burden equally in communities placed on probation. and the purposes to be achieved and
among the policyholder citizens. One community opposed the surcharge will continue to require the report on a
Furthermore,the intent of the surcharge because it feared it lacked the authority biennial cycle.However,FEMA is
is not punitive.It is intended rather to to enforce its flood plain management persuaded that,at some point in the
focus the attention of policyholders on regulations.FEMA believes that all future,circumstances may warrant the
the community's noncompliance and,by eligible communities have the authority return to an annual cycle.As a result,
doing so,avoid suspension with its required to adopt and enforce this final rule allows FEMA to require
serious adverse impacts on those regulations that meet NFIP criteria.The the reports on either an annual or
policyholders. It is also intended in part NFIP has a Community Assistance biennial cycle.A parallel change has
to compensate the NFIP for a portion of Program which is available to assist a been made to §§60.2(f)and 60.6(a)(6)(ii),
the increased liability that results from community with various problems. which also refer to the annual report.
the community's noncompliance.Since it including enforcement ones.Two
is not feasible to allocate this increased comments opposed the surcharge Elevated Building Definition
liability on a structure-by-structure because it would apply to compliant One commentator suggested that the
basis,a flat rate is more appropriate. structures and existing structures as first sentence of the definition of
Also, a percentage charge would be well as violations.As indicated above. elevated building should be broken up
more costly and difficult to administer. FEMA believes that the surcharge into multiple sentences.Since breaking
particularly in a systemic sense and should be applied to all who benefit up the sentence into multiple sentences
would,therefore,add to the complexity from the NFIP in a community.Finally, would necessitate repeating the
and expense of the Program, to the one community thought that it was substance of the definition for each
detriment of the general taxpayer who FEMA's responsibility to enforce NFIP category of zones along with the unique
subsidizes the Program. criteria and that FEMA should not"pass portion of the definition for each
In regard to the amount of the the buck off on innocent citizens."The category,FEMA believes the sentence
surcharge,FEMA agrees with those National Flood Insurance Act of 1968 structure in the proposed rule is a better
36018 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 / tales and Regulations
certification requirement.Again,the
editorial in the but a change has o Floodp ropos Certification basic certification requirement is in the
been made in the sentence to improve The proposed rule contained revisions existing regulations,so this comment is
the clarity. to § 60.3(c)(4)which requires that,for not relevant to the proposed rule.
This commentator also indicated that fl registered ofen nonresidential structures,a However,FEMA will review this
the meaning of"adequately anchored so engineer or architect certify requirement to determine if there are
as not to impair the structural integrity that the design and methods of feasible options for these small,low-
of the building" was unclear.The intent construction are in accordance with cost structures.Finally,one comment
of the anchoring requirement in the NFIP accepted practice for meeting the
Regulations has always been that flood proofing standards in NFIP criteria. believed that the certification languagewas unclear and needed clarification
whatever anchoring system is used must This provision was revised for clarity but provided no suggestion or further
be sufficient to prevent damage to that and for consistency with the new details.FEMA has revised this provision
anchoring system or to the building's wording of§60.3(e)(4),which requires a stent with the revisions to
support system and the elevated similar certification for structures built to be cons§60.3(e)(5i which clarify wind and
building itself.It has always been in V—zones. water loads associated with the base
implied,though not stated,that the One comment suggested that the flood.This change may meet some of the
requirement extended only to floods of engineer or architect certify that the concerns in this comment.Otherwise,
up to the magnitude of the base flood . completed structure was adequately FEMA believes that the language is
(the 100-year flood),which is consistent floodproofed.The engineer or architect sufficiently cleat
with the other requirements of the would have to make frequent on-site The rule also
program, and this is reflected in the inspections of the structure during more proposedperformanceulalso contained standards
definition in this final rule. construction to make such a mrespecific the design construction of
Another comentator was concerned certification.FEMA believes that this regarding
a walls gni andto stru areas
that the inclusion of Zones,B.C. X.and would be necessarily brudensome in below rek breakaway
flood elevation enclosein areas
D.which are not special flood hazard most instances.However, a community zones.the base had received a number of
zones,in the definition of elevated can adapt a requirement of this type if requests several a for
I building might mean that there was an local circumstances warrant it.since it over e a in standards.year period The
I elevation requirement in those zones. would be more restrictive than NFIP these and rule allowed v for the use of(1)
P That is incorrect.The reason for criteria. propopen wood lattice work,(2) insect
including those zones in the definition The proposed rule also deleted was to provide a better basis for §60.3(c)(4)(ii)which allowed a screening, or(3)breakaway walls of
non-masonry construction that have a
r collecting loss data on elevated community to submit a certified copy of loading resistance of not less than 10
s buildings in those zones so that FEMA a local regulation containing detailed and more 20
1 could at some future time consider floodproofing specifications in lieu of and no more
than a20pounds with a per square
ua
ii reducing rates for elevated buildings in requiring certification by a registered foot.Breakaway
of ay walls than 20 pounds pr r
1. those zones.Requiring the elevation of engineer or architect.No community has square foot would haven ou ds p
d
n buildings in those zones is not received approval of such a regulation.
h contemplated;such elevation would be One comment suggested retaining this by a registered engineer or architect.
tl strictly voluntary. option for use in large-flat areas behind Finally, such enclosed space was not to
levees that have internal drainage be a"finished area."which was defined
rc Elevation Information in § 59.1.
m problems but are not designated as Of the five comments received on the
i} The proposed rule contained revisions special flood hazard areas.FEMA breakaway comments
two
ei to §§60.3(b)(5)and 60.3(e)(2)that make believes that the retention of the supported wall change ro provision,
ut
pt it clear that communities are to require provision is unnecessary since NFIP sup of ted the h and three generally
th building elevation information on all criteria need not apply in areas not mosupported n but with
a
Fl structures as evidence of flood plain designated by FEMA as special flood supported the he.change,an f the
ac management compliance,not merely for hazard areas. modifications.
n . FEMA t place commentsan upper
in r insurance purposes.Two comments Changes to V-Zone Requirements limit of 20 pounds per square foot on
er provides addition the change since it
m. provided additional support for The proposed rule contained revisions breakaway walls on the groundsr that
to communities in requiring submission of to the requirement in§60.3(e (4)that a dsre s stir.FEMA doe would
be not asi r to that
o
ex elevation information by property registered engineer or architect certify
re, owners.One comment supported the the design of all structures in V-zones • a
imposing an upper limit of this type can
(coastal high hazard areas).Three be technically justified. Stronger cliim change but form that the op ybreakaway walls can be built which will
(n; the ceetNFIPe that is distributediced for comments.One specifically adbelieved dressed this fail and not result in damage to the rest
(1.1 NFIP is overly m complicated and time- th req. community n pose an that of the structure,particularly in the case
ha consuming rage to communities mut FEMA the requirement burden rde woulhe construction ons of
ha encourages since use form hm NFIP economic ahousing.
on However,o of addition, some building�codes may notal structures.
e•
co. Elevation beion d for Certificate te the also lowcert-income don s no this permit walls that will collapse under
Pn can s used for insurance rating.icen Other and has been scontained in NFIP cr a new iteria lads of less than 20 pounds per square
forms may not provide sufficient
insurance information resulting in since 1976.The revision thee in the proposed foot.ace an garter limit on the strength of ty wishes to
§ 5 delays in the issuance of a policy and rule should make the certifications more pbreakaway walls(such as 20 pounds per
poi • added expense to individual property readily attainable since a registered foot square it is not precluded from
adl owners.FEMA is in the process of engineer or architect must review and 9 )•
ma revising the NFIP Elevation Certificate. certify only the design and methods of doing so.
NF and the revised form should address construction of the structure.Another Another comment suggested t and hat
pro _ome of the concerns that were raised in comment wished to exempt certain low- FEMA
ter lcclarify
also pates hrase "wind
base
this comment. cost accessory structures from the
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Federal Register / Vol. 50, No. 171 / Wednesday. September 4, 1985 / Rules and Regulations 36019
flood"by relating wind loads to the building's components.These fourteen comments that addressed the
established code requirements for wind changes were also made to a similar mobile home changes.Twelve of the
hazards.In response to this comment, provision in§60.3(e)(4)which contains comments fully supported the proposed
the final rule specifies that the wind the basic elevation requirement for V- changes,mostly on the grounds that the
load values to be used shall have a one zone structures as well as the more general performance standards
percent chance of being equalled or requirement that they be certified by a eliminated conflicts with manufacturer's
exceeded in a given year(100-year mean registered engineer or architect. specifications and State and local codes.
recurrence interval).Winds of this The proposed rule also required that A number of the comments noted that
frequency are commonly used as a spaces enclosed by breakaway walls publication of the FEMA manual
design standard in building codes,and not be a"finished area,"which was "Manufactured Home Installation in
are the basis for building designs defined in the proposed rule in§59.1. Flood Hazard Areas"this fall should
contained in FEMA's guidance FEMA's further review of the proposed provide sufficient guidance on elevation
document for coastal construction, rule identified a potential inconsistency and anchoring techniques.Thus,there
"Coastal Construction Manual." between this definition of"finished was widespread support for the change,
The last comment expressed concern area"and the definition of"lowest and no revisions have been made in the
that some building codes,particularly floor"in the existing regulations • language in the proposed rule.One
those based on American National regarding what uses are permitted comment recommended an addition to
Standards Institute(NSI)wind within such enclosures.To avoid this §60.1(d)that would permit States or
standards and including the North inconsistency,the definition of"finished communities to accept designs for
Carolina State Building Code,would area"has not been included in the final specific structures at specific sites if
require construction of walls with rule.Section 60.3(e)(5)has been revised certified by an registered engineer or
minimum strengths in excess of 20 in the final rule to state that spaces architect.FEMA regards this suggestion
pounds per square foot.It was believed enclosed by breakaway walls are to be as unnecessary since the general
that,in effect,this requirement would used solely for the parking of vehicles, performance standards for mobile home
prohibit the use of breakaway walls in building access,and storage.This is anchoring and placement should provide
such situations.In response to these consistent with the definition of"lowest sufficient flexibility to address the
comments,FEMA consulted floor"in §59.1.In addition the State's concern.One comment
representatives of two major building to such enclosed rovisions of I 60.3(a)(4)(ii)a would apply recommended the NFIP criteria require
code groups,a number of technical spaces. that the mobile home pads be elevated
ex arts,andperformed additional All of paragraph(e)of§60.3 was
P reprinted in the proposed rule due to to or above the base flood level to
internal review requirement.
nd research on the adding V and VE zones.However,the
breakaway provide access to the mobile home
wall re uirement.Based on during a flood.FEMA regards this
that review,FIA does not believe that only provisions of 4 60.3 that were suggestion as desirable,but not feasible
further changes are warranted in otherwise changed were paragraphs on a national scale due to the flood
response to this comment.The proposed (e)(2), (e)(4),and(e)(5),which have been depths encountered in large numbers of
and final rule rules do not prohibit the discussed above.Therefore,the communities.Allowance will continue
use of breakaway walls with design comments on other provisions such as to be made for other elevation
strengths greater than 20 pounds per requirements that structures be located techniques.However,any State or
square foot.However,buildings which landward of the reach of mean high tide, community is permitted by§60.1(d)to
utilize breakaway walls with such the prohibition of new mobile homes
adopt regulations that are more
strength capacities will require except in existing mobile home parks
g P 9 restrictive than NFIP criteria.
additional care in designing the and subdivisions,and the provision
building's structural system to minimize regarding the alteration of sand dunes There were a number of suggestions in
the risk of building collapse or and mangroves are not relevant to the the comments for changes to eNFIP
ver
displacement.Accordingly,use of such proposed rule.However,FEMA has mobile home requirements.Several
wall strengths will require that the noted these suggestions and will comments argued that the prohibition of
building design be certified by a consider them in its continual review of placement of mobile homes in V-zones
registered professional engineer or NFIP policies and regulations. except in existing mobile home parks
and subdivisions was discriminatory
architect. Flood Plain Management Provisions on and not justified.Several comments
In the final rule, the provision that all Mobile Homes suggested that the provisions that
masonry breakaway walls be certified The proposed rule contained a "grandfather"existing mobile home
by a registered engineer or architect has number of changes to the requirements parks and subdivisions be eliminated
been deleted.Additional research has for the placement and anchoring of and all newly Installed mobile homes be
shown that there are insufficient mobile homes.The anchoring elevated to or above the base flood
technical grounds for distinguishing requirements in§60.3(b)(8)would be elevation.None of these changes were
masonry from non-masonry breakaway revised to delete the specific included or discussed in the proposed
walls.In addition,for clarification,an performance standards related to over- rule,so these comments are not relevant
upper limit is placed on the strength of the-top and frame ties and substitute a to the proposed rule.However,as
all breakaway walls.These walls must more general performance standard that indicated in the Supplemental
collapse from water loads less than that requires that the mobile home be Information in the proposed rule,these
of the base flood.The requirement has elevated and anchored to resist changes are being reviewed for possible
also been clarified to specify the types flotation,collapse and lateral inclusion in proposed rulemaking for FY
of damages from which the structure movement.Provisions in §60.3(c)(5) 86.
must be protected.These damages and(6)were revised to require that the Adoption by Communities
include collapse or displacement of the lowest floor of the mobile home be
structure and other structural damage elevated to or above the base flood Two communities requested
resulting from the effect of wind and level,but do not specify the elevation information on requirements and
water loads acting simultaneously on technique to be used.There were procedures for the adoption of
,
36020 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 / Rules and Regulations haded provisions in the final ruleby NFIP unshaded o th will os e
This final rule has the change that the
communities.In accordance with§60.7 portion of Zone X will correspond to the proposed rule had in the flood plain
of NFIP criteria,communities have six former Zone B designation and the management requirements for anchoring
months from the effective date of any unshaded portion to the former Zone C. mobile homes.This change dropped
e
new regulation to revise their flood plain Therefore,it is not necessary to amend over-the-top and frame ties requirement
management on t comply with the Zone X distinction desired by this commentator standard.The proposednation since the in favor of a more al rue did not performance
those new regulations.e Since the users. contain a effective 198 ,l date r this ordfininances
l will
is January will be obvious for all This final rule makes the following SFIP provisi
ons requ ng change in the
requiring over-the-top
1,vise locally 1,1986. will have to be of
revised by July 1, NFIP regulations hemapping
r,o posed rule. which were in and frame
change in placement ties
the mobile home otherwise
require that communitieseeN adopt proposed
regulations that meet NFIP minimum - the flood-risk zone designations of Flood met the community's flood plain
criteria as a condition of Program Insurance Rate Maps for consistency management requirements as a
eligibility.Communities can also comply with a change in the tables made condition for insuring mobile homes in
with Program requirements by adopting effective October 1,1983,that collapsed Special Flood Hazard Areas unless the
regulations that exceed these criteria. the rates for Zones Al-30 to treat them mobile home is one on a foundation
Most of the changes that are included in as one zone for rating purposes and continuouslye since insured
by the September 30,1 Bat the
the final substantially
are less restrictive thin or likV1e30 to trreatwise them as one zone for sed the rates for es although an editorial change was
euremn the same It current
requirements.As a result,communities, rating purposes.Similarly,the rates for proposed to that provision.In the
other than those which have V-zones, Zones B and C were collapsed to treat interest of better coordinating the
may already comply or require only , them as one zone for rating purposes. treatment of mobile home anchoring by
minor changes to their ordinances to This final rule gives Zone AE as a the flood plain management provisions
remain compliant.FEMA will mail replacement designation for Zones Al- and the insurance provisions of the
copies of the final rule and additional 30,Zone VE as a replacement for Zones NFIP,a change has been made in this
instructions regarding adoption to all V1-30,and Zone X as a replacement for final rule in the SFIP provisions to allow
participating communities.FEMA Zones B and C. several options for mobile home
The new maps will continue to anchoring.
Regional . tol communitiese available i delineate the 500-year flood plain In recognition of certainjeases where
provide e assistance ao in (shaded portion of Zone X)and the a private individual leases land from the
revising their ordinances. oodway.The replacement designations Federal Government with the lease
Flood Risk Zones will be used on new maps,thus holding the Federal Government
Seven commentators responded to gradually replacing the current harmless for flood damage it causes,the
that portion of the proposed rule that designations.This final rule also proposed rule provided for not covering
addressed the mapping of flood hazard provides for Zone V,which is a zone such losses since the individual
areas and flood risk zones.Four of these designating a coastal high hazard area knowingly assumed that flooding risk.
The only comment on this provision was
commentators either supported the without water surface elevations.Polies. one generally favoring it.It remains the
replacement designations or stated they Standard Flood Insurance Policy
had no objection to their The Standard Flood Insurance Policy same in this final rule as it was in the
implementation, proposed rule.
One commentator suggested that (SFIP)of the NFIP currently proposed rule the
Zones A,AO, and AH be added to the distinguishes between a"mobile home" for Theinsuring more than one provided ebuilding basis a
Area"and of"Special cial Hazard and a mobile homes having toimeet certain its policy using a form approved by the
Area" ."d"Areac of Special .Flood requirements in special flood hazard Administrator.That provision has been
are alrea y sthe Zones A, one nd All 4gh hazard areas clarified by referring to a form or a
"Area e of special p in definitions hazard"
in § 59.1 of to be ereas l
igible Bible for flood in coastal li insurance and not format.
of d flood he suggested s being eligible for replacement cost Also,to clarify the intent of the NFIP
"Special hazard area," the coverage.The proposed rule revised the not to cover bailees'goods,the Contents
change is not needed. of the Property Covered
One ayand commentator -yeervlo thatplain a definition ddi of"doublewidec mobile home" ectin f the SFIP General Property
are a valua le the es 500-year flood o toby the structure's
dime lions. relating- Form(Appendix A(2)of Part 81)was
o valuable sources of information plain
to Several sa c comments n on this revised in the proposed rule to make it cmanagement
as c they nd flood of be ntothedefinition on this proposed eSFIP clear that bailees'goods are not
management activities and must not continue theiterm
ern " the ewide b e h S e"of covered.A recent court decision held
delleft❑e th s eit FEMA wip oprt , to the tea ed using a different lte m.As that bailees'goods were covered, so this
whenit these items,mapping flooiate, indicated in the Supplementary revision would carry out the intent of
when it prepares and dri of oned the NFIP not to cover them.There were
hazard 0-ye areas o plain will bek delineated Information inn of the proposed o,
500-year flood will be delineated changes in mobile home terminology are no objections to this provision,and it is
as the shaded portion of Zone X,and the being considered for possible proposed the
same
in the final rule as it was in the
floodway will be given greater visual rule mated differentng in 986.One tt os comment criteria proposed opos a rule.
-on of coverage for
emphasis by shading the crossing- from those proposed.However,neither finished basements(and their contents)
hatching. and for enclosures(and contents)
One commentator a replacement
enodedgnu use n forof of thetwo trade associations mt
Zone X as a replacement designation commenting on this matter objected to beneath the lowest floor of elevated
Zones B and C and stated that it is the quantitative criteria proposed, and buildings was placed in effect on
important to map users to be able to this final rule has the same doublewide October 1,1983,coverage was continued
continue to distinguish between Zones B mobile home definition as the proposed formachineryertin equipment
uipm ant and dioother
and C Zone X will be both shaded and rule.
Federal Register / t..,t. 50, No. 171 / Wednesday, September 4, 1985 / Rules and Regulations 36021
use.While oil tanks and well-water Administrator,suggested that the conditional LOMA or conditional LOMR
tanks were specified as being covered, specific amount of the probation request vary in proportion to the number
there was no mention of the oil in an oil additional premium charge not be stated of submittals required of an appellant to
tank or the pump for a well-water tank. in the policy so that if the amount accurately show the effects of his
The proposed rule clarified that t';ere is should ever be changed in the future,the proposed project,as well as with the
coverage for these items.It also policy form would not have to be type of project involved.An incomplete
specified that there is coverage for amended.FEMA agrees with this submittal,or one with significant
cisterns(and the water in them)6, ':iiite commentator that this change could problems in the technical analyses,
this basement/elevated building avoid administrative costs so this final takes significantly longer to process
limitation, inasmuch as cisterns i;I a rule makes the change.As an extension since it must be reviewed,an additional
integral parts of the building in cc:taus of this approach of not stating dollar data request letter prepared and sent,
communities,particularly in the Virgin amounts in the SFIP,a change has also and the new submittal re-reviewed.
Islands, and often provide the only been made in this final rule to refer to While administrative processing time
source of water for the building. One "the minimum premium set forth in 44 varies between conditional LOMAs and
commentator suggested that the similar CFR 61.10"instead of stating the dollar conditional LOMRs,it does not differ
items of natural gas tanks and also amount itself. significantly within each category of
pumps and/or tanks used in conjunction Fees for Conditional Approval of Map project.It was also determined that for
with solar energy systems be specified Changes each category of project,there are
as covered in such areas.FEMA agrees certain minimum review and processing
that this is appropriate,and those items FEMA receives a large number of elements common to all requests.These
have been added in this final rule as requests to review proposed projects to minimum review and processing costs
covered in such areas. determine if they would qualify for map were used to develop the initial fees for
In furtherance of loss prevention,as amendments and revisions upon their the various projects.
an insurance concept,and of hazard completion.Such proposed projects The conditional LOMAs were first
mitigation,which is one of the major include flood plan fills, stream
categorized by the type of project.Each
oats of FEMA,an October 1, 19t}i, channelizations, levee construction,or
g category was then examined and
change in the SFIP made coverage other flood control projects.This service
g g minimum review and processing times
available for sandbags certain has led to the issuance of conditional
g Letters of Map Amendment(LOMAs} were determined for engineering review.
conditions.The proposed rule extended and conditional Letters of Map Revision
that development by also providing engineering administration,word
(LOMRs) that provide FEMA assurance processing and quality control.This
' coverage for fill for temporary levees, to individuals,developers, and basic processing common to each type
pumps, and wood under the same communities that their projects would of project was then converted to a dollar
• conditions except that,for both be accepted for map revision upon amount using direct labor rates,
sandbags and the new items proposed, completion.The conditional LO�IA and overhead, and fee,which FEMA pays
• the provision referring to the purpose of conditional LOMR are often needed by for each services.
preserving the building at the premises The determination of review and
after a flood loss was deleted.There developers to obtain construction loans processing time for conditional LOMAs
were no comments on this provision, and building permits and attract
P prospective buyers. It should be noted was simplified in that there is a distinct
and it is the same in the final rule as it that conditional LOMAs and LOMRs are difference between single-lot and multi-
• was in the proposed rule. lot subdivision
r not based on any limitations or lot/subdivision requests.Administrative
Another change in the SFIP effective deficiencies in the FEMA maps; rather processing was the same for each, but
October 1,1984, was the addition of a they have come about in response to engineering review time for multi-lot/
provision for building coverage and one requests from individuals,developers: subdivision requests was approximately
for contents coverage to make it clear and communities for FEMA review and double that for single-lot determinations
that dwelling units in condominium comment on proposed projects.Thus,to The range of processing times for each
buildings can only be covered,along reduce expenses to the general type of LOMA was also narrower.The
with the policyholder's insurable tenant taxpayer.FEMA developed the minimum times determined for each
•
in common interest in property covered reimbursement procedure set forth in the type were then converted to a dollar
under any condominium association proposed rule to allow for the recovery amount as described above.
flood insurance coverage provided of costs associated with these actions.. The proposed rule was erroneously
under the National Flood Insurance Act Under the procedure,an initial fee,the interpreted by several commentators to
of 1968,or any Acts amendatory thereof, amount determined by the type of mean that FEMA will require
up to the statutorily permissible limits of project,will be required to those seeking reimbursement for all LOMAs and
coverage available for the insuring of a conditional•LO\IA or conditional LOMRs.The fee applies only to
single-family dwelling owners under the LOMR before any review commences. conditional LOMAs and conditional
Act.The proposed rule added a The initial fee represents the minimum LOMRs that are requested based on a
provision making the same clarification cost required to review that type of proposed flood plain modification that
for contents coverage involving non- project.FEMA will then determine the could affect established flood mapping.
i residential units in a condominium actual cost associated with the review Map appeals based on conditions
building.There were no comments on of a particular project and the requestor existing at the time of the appeal will
this provision,and it is the same in this will be billed for any additional costs continue to be reviewed at no cost to the
final rule as it was in the proposed rule. incurred.In this way FEMA proposes to appellant.
A private sector insurer participating recover the entire cost associated with Several commentators addressed the
in the Write-Your-Own Program,under the review and processing of conditional "open-endedness"of both the fees and
which the Standard Flood Insurance LOMAs and conditional LOMRs. the time frame for review and
Policy may be issued by private sector FEMA determined that the costs processing of a particular request.This
insurers signatory to an Arrangement associated with the technical review final rule establishes a fee cap of$500
with the Federal Insurance and administrative processing of a for conditional LOMAs and$1,500 for
t.
36022 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 / Rules and Regulations
conditional LOMRs that will not be for the various types of requests and community felt that the proposed rule
exceeded without written authorization converted to dollar amounts using wht direct and,in
particular,
have probation a effect on
from the requestor.Requestors will be labor rates,overhead, and fee, ch provision,would
notified in writing when it is anticipated FEMA pays for these services. that community,which is a small entity.
that a particular case would exceed the Other commentators expressed This community also commented on
cap.Processing would be suspended concern that the rule could have the existing NFIP provisions that were not
pending receipt by FEMA of written effect of discouraging development changed in the proposed rule and,as a
authorization to proceed.Similarly,this because of the fee requirements.It is not result,have no impact for the purposes
final rule establishes time frames for a the intent of the rule to either discourage of this rule.In regard to probation,
response from FEMA regarding the development or discourage the submittal FEMA's experience has been that most
adequacy of the data submitted in of proposed projects for review.Because communities are substantially compliant
support of a request and for comment by requestors need FEMA comment on with NFIP criteria.During a typical year,
FEMA regarding the particular request. their proposed projects to satisfy other FEMA will visit and review the
Two comments dealt with the data requirements,and only they will benefit actions staff will visit revie,000 of the
requirements for conditional LOMA and from this service,FEMA developed the NFIP's of approximately
rxim participating ly1 communities
e
conditional LOMR requests.FEMA has reimbursement procedure.In this way, 17, 00 than 10%of these
several documents,entitled Conditions the general taxpayer is not paying for Genercommunitiesless than 0 of ohs
and Criteria, that explain in general the FEMA review of a project initiated by a compliance m problems and the majority
information required in support of a private entity. be request o for a LOMA,LOMR,flood the y Thgrinlre le contains the ard to fees for conditionn of these problems al through the provisionlof technical
ormapoo revision.u With the changes g
exception of"as-built"plans of a LOMA and LOMR review from the assistance and through consultation
completed project,the data proposed rule of April 15.1985: with local officials.It is likely that only
requirements for conditional LOMAs 1.Section 72.1 clarifies that there is no a very small number of communities will
and LOMRs and actual amendments fee requirement for final LOMAs and be on probation at any given time.No
and revisions are essentially the same LOMR5 that correct errors in the original community that fulfills its commitment
and are covered by the various FIS and FIRM or are otherwise to enforce its flood plain management
Conditions and Criteria documents.It is requested on the basis of existing flood regulations will be placed on probation.
not possible to list detailed submission plain conditions. In addition,the NFIP remains a
requirements for each type of project in 2.Section 72.4 clarifies the group to be voluntary program.Any community that
these documents due to the unique billed and establishes a fee cap for does not wish to adopt and enforce
engineering factors involved in different conditional LOMA5 and conditional adequate flood plain management
installations.FEMA does intend to LOMRs that would not be exceeded adeqate as required by the management
expand its general submission without written authorization from the measures e Insurance req of 1968 e the
tional
requirements under 44 CFR Parts 65 and requestor.Section 72.4 has also been option n ran e Act from the has thThus.
70 in Fiscal Year 1986. modified to address the time frame for this rule does not have a significant
One commentator requested response by FEMA to a conditional economic impact on a substantial
asignificant
clarification on the information a LOMA or conditional LOMR request.
community must submit to obtain an 3.Section 72.5 clarifies the conditions number of small entities and has not
exemption from the fee.As addressed in by which a Federal,State.or local undergone regulatory flexibility
§ 72,5 of the proposed rule,exemptions government or agency would be exempt analysis.
apply to those Federal,State,and local from the fees. This rule is not a"major rule"as
government projects designed primarily In addition to the changes discussed defined in Executive Order 12291, dated
to benefit the general public.A above that this final rule made to the February 1981, and,hence,no regulatory
certification will be required from the proposed rule,a few changes of an analysis has been prepared.
Federal,State,or local government or editorial nature were also made. The collection of information
agency that the particular project is for FEMA has determined,based upon contained this rule
the public benefit and primarily Environmental Assessments,that this submitted requirements the Office in Management
were
et
intended for flood loss reduction to rule does not have significant impact and (OMB)for review f Ma ag m
existing development in flood areas as upon the quality of the human section Budget 3504(h)(OMB)
Paperworkun
er
opposed to planned flood plain environment.As a result,an
development. Environment Impact Statement will not Reduction Act.
One commentator expressed concern be prepared.A finding of no significant List of Subjects in 44 CFR Parts 59,60.
that the proposed rule was not clear in impact is included in the formal docket 61,64 66,70,72,and 75
defining payment responsibility.FEMA file and is available for public
will bill the entity that prepares the inspection and copying at the Rules Flood insurance,Flood plains.
original request.Communities involved Docket Clerk,Office of General Counsel. Intergovernmental relations.
in their own review and eventual Federal Emergency Management Accordingly,44 CFR Chapter 1,
transmittal of the request to FEMA Agency,500 C Street,SW.,Washington, Subchapter B is amended as follows:
would not be billed simply because they DC 20472.
were the agency transmitting the Two comments questioned the finding PART 59—GENERAL PROVISIONS
request. that the proposed rule would not have a
Two commentators felt the cost for a significant economic impact on a 1.The authority citation for Part 59 is
single-lot conditional LOMA was too substantial number of small entities. revised as set forth below and the
high and along with others felt the initial One comment from a State felt that the authority citations following all the
fees in general were excessive.As provisions on probation with a • sections in Part 59 are removed.
already explained,the fees were surcharge would have a significant 42 U.S.C.4001
determined through an analysis of the impact on a very great number of Reorganization Authority: Plan N4.3 et seq.:
.E.O.72127.
minimum processing and review times communities in that State.One
Federal Register / ` i. 50, No. 171 / Wednesday, September 4, 1985 / Rules and Regulations 36023
§59.1 [Amended] by removing"or precipitated by opportunity to avoid probation by
2.Section 59.1 is amended in the accumulations of water on or under the demonstrating compliance with Program
following particulars: ground."and adding in its place the requirements, or by correcting Program
a.By removing the phrase"A1-99" phrase"by flooding as defined in deficiencies and remedying all
and adding in its place the phrase "Al- paragraph(a)(2)above and are akin to a violations to the maximum extent
30,AE,A99"in the definitions of"Area river of liquid and flowing mud on the possible.If, at the end of the 90-day
of special flood hazard"and"Special surfaces of normally dry land areas,as period,the Administrator determines
hazard area". when earth is carried by a current of that the community has failed to do so,
b.By removing the phrase"or VI- water and deposited along the path of the probation shall go into effect.
V30"and adding in its place the phrase the current.". Probation may be continued for up to
"VI-30,VE, or V"in the definition of h.By removing the phrase"or under" one year after the community corrects
"Area of special flood hazard". in the first sentence of the definition of all Program deficiencies and remedies
c.By adding after the phrase"V3-30" "Mudslide.". all violations to the maximum extent
the phrase",VE,or V"in the definition possible.Flood insurance may be sold or
of"Coastal high hazard area". §59.22 [Amended]
d.By removing the phrase"VI-30," 3.Section 59.22 is amended by renewed in the community while it is on
probation.Where a policy covers
and adding in its place the phase"VI— revising paragraph(b)(2)to read as
follows: property located in a community placed
30.VE,V,"in the definition of"Special on probation on or after October 1,1986,
hazard area". ' an additional premium of$25.00 shall be
e.By adding, alphabetically,a (b) * * « charged on each such policy initially
-definition of"Breakaway wall"to read (2)Designate the official responsible issued,based upon the submission by
as follows: to submit a report to the Administrator the applicant of an application for flood
" * « concerning the community participation insurance,or renewed,based upon the
"Breakaway wall"means a wall that in the Program,including,but not limited policyholder's response to a turn-around
is not part of the structural support of to the development and implementation renewal premium notice or policyholder
the building and is intended through its of flood plain management regulations. application notice,during the one-year
design and construction to collapse This report shall be submitted annually period beginning on the date the
under specific lateral loading forces, or biennially as determined by the community is placed on probation and
without causing damage to the elevated Administrator.
during any successive one year periods
portion of the building of supporting * • * * * during which the community remains on
foundation system. 4.Section 59.24 is amended by probation for any part thereof.
* * removing paragraphs(b)and(c) and by (c)A community eligible for the sale
f.By revising the definition of adding paragraphs (b) through(g)to
"Elevated Building"to read as follows: read as follows: of flood insurance which fails to
*• * * * adequately enforce its flood plain
"Elevated building"means a non- §59.24 Suspension of community management regulations meeting the
eligibility, minimum requirements set forth in
basement building(i)built,in the case of . * " « « §§60.3,60.4 and/or 60.5 and does not
a building in Zones Al-30,AE,A,A99, (b)A community eligible for the sale correct its Program deficiencies and
A0,AH,B, C,X,or D.to have the top of of flood insurance which fails to remedy all violations to the maximum
the elevated floor,or in the case of a adequately enforce flood plain extent possible in accordance with
building in Zones V1-30,VE, or V,to management regulations meeting the compliance deadlines established during
have the bottom of the lowest horizontal minimum requirements set forth in a period of probation shall be subject to
structure member of the elevated floor §§60.3,60.4 and/or 60.5 shall be subject suspension of its Program eligibility.
elevated above the ground level by to probation.Probation shall represent Under such circumstances,the
means of pilings,columns (posts and formal notification to the community Administrator shall grant the community
piers),or shear walls parallel to the floor that the Administrator regards the 30 days in which to show cause why it
of the water and(ii)adequately community's flood plain management should not be suspended.The
anchored so as not to impair the program as not compliant with NFIP Administrator may conduct a hearing,
structural integrity of the building during criteria.Prior to imposing probation, the written or oral,before commencing
a flood of up to the magnitude of the Administrator(1)shall inform the suspensive action.If a community is to
base flood.In the case of Zones AI-30, community upon 90 days prior written be suspended, the Administrator shall
AE,A,A99.A0,AH,B,C,X,or D, notice of the impending probation and of inform it upon 30 days prior written
"elevated building" also includes a the specific program deficiencies and notice and upon publication in the
building elevated by means of fill or violations relative to the failure to Federal Register under Part 64 of this
solid foundation perimeter walls with enforce, (2)shall,at least 60 days before subchapter of its loss of eligibility for
openings sufficient to facilitate the probation is'to begin,issue a press the sale of flood insurance.In the event
unimpeded movement of flood waters. release to local media explaining the of impending suspension,the
In the case of Zones V1-30,VE,or V, reasons for and the effects of probation. Administrator shall issue a press release
"elevated building"also includes a and(3)when the probation is to begin to the local media explaining the
building otherwise meeting the on or after October 1,1986,shall,at reasons and effects of the suspension.
definition of"elevated building",even least 90 days before probation is to The community's eligibility shall'only be
though the lower area is enclosed by begin, advise all policyholders in the reinstated by the Administrator upon his
means of breakaway walls if the community of the impending probation receipt of a local legislative or executive
breakaway walls meet the standards of and the additional premium that will be measure reaffirming the community's
§60.3(e)(5). charged, as provided in this paragraph, formal intent to adequately enforce the
* * « * on policies sold or renewed during the flood plain management requirements of
g.In the definition of"'Flood'or period of probation.During this 90-day this subpart, together with evidence of
`Flooding ",paragraph(a)(3) is amended period the community shall have the action taken by the community to
Mk -
36024 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 / 'tkilles and Regulations
correct Program deficiencies and whose eligibility has been suspended or made watertight below the base flood
remedy to the maximum extent possible which have withdrawn from the level,(i)a registered professional
those violations which caused the program.Flood insurance shall not be engineer or architect shall develop and/
suspension.In certain cases,the sold or renewed in those communities. or review structural design,
Administrator,in order to evaluate the Policies sold or renewed within a specifications,and plans for the
community's performance under the community during a period of construction, and shall certify that the
terms of its submission.may withhold ineligibility are deemed to be voidable design and methods of construction are
reinstatement for a period not to exceed by the Administrator whether or not the in accordance with accepted standards
one year from the date of his receipt of parties to sale or renewal had actual of practice for meeting the applicable
the satisfactory submission or place the notice of the ineligibility. provisions of(c)(3)(ii)or(c)(8)(ii)of this
community on probation as provided for section,and(ii)a record of such
in paragraph(b)of this section. PART 60—CRITERIA FOR LAND certificates which includes the specific
(d)A community eligible for the sale MANAGEMENT AND USE elevation(in relation to mean sea level)
of flood insurance which repeals its 5.The authority citation for Part 60 is to which such structures are
flood plain management regulations, revised to read as follows: floodproofed shall be maintained with
allows its regulations to lapse,or the official designated by the community
amends its regulations so that they no Authority:42 U.S.C.4001 et seq.; under§ 59.22(a)(9)(iii);
longer meet the minimum requirements Reorganization Plan No.3 of 1978;E.O.12127.
set forth in§¢60.3,60.4 and/or 60.5 shall (5)Require that all mobile homes to
be suspended from the Program.If a §60.2[Amended] be placed within Zones Al-30 and AE
community is to be suspended,the 6.Section 60.2 is amended by adding on the community's FIRM in new mobile
Administrator shall inform it upon 30 in paragraph(f)after the word"annual" home parks and mobile home
days prior written notice and upon both times it appears the phrase "or subdivisions,in expansions to existing
publication in the Federal Register under bienial". mobile home parks and mobile home
Part 64 of this subchapter of its loss of *60.3 [Amended] subdivisions, and in existing mobile
eligibility for the sale of flood insurance. 7.Section 60.3 is amended in the home parks and mobile home
The community eligibility shall remain following particulars: subdivisions where the repair,
terminated after suspension until copies a.By adding after"FHBM"the phrase reconstruction or improvement of the
of adequate flood plain management "or FIRM" in the following are ra hs: streets,utilities and pads equals or
regulations have been received and (h)introductory text, (b)(1),(b)(2), (b)(5), exceeds 50%of the value of the streets,
approved by the Administrator. and(b)(9). utilities and pads before the repair,
(e)A community eligible for the salereconstruction or improvement has
r8 b.By removing in paragraph(b)(5) the commenced,have the lowest floor of the
of flood insurance may withdraw from words"For the purpose of the mobile home elevated to or above the
the Program by submitting to the determination of applicable flood
Administrator a copy of a legislative insurance risk premium rates within" base flood level.
action that explicitly states its desire to and adding in their place the word (6)Require that all mobile homes to
withdraw from the National Flood "within" be placed within Zones A1-30 and AE
.
Insurance Program.Upon receipt of a c.By revising paragraph(b)(8)to read on the community's FIRM,which are not
certified copy of a final legislative as follows: to be placed into a mobile home park or
action,the Administrator shall - " " " • " mobile home subdivision,have the
withdraw the community from the (b) •. " " lowest floor of the mobile home elevated
Program and publish in the Federal (g)Require that all mobile homes to to or above the base flood level.
Register under Part 64 of this subchapter be placed within Zone A on a " • " •
its loss of eligibility for the sale of flood community's FHBM or FIRM shall be
insurance.A community that has Yg.By adding after the phrase"A1-30"
withdrawn from the Program may be installed using methods and practices the phrase"and AE"in paragraph
reinstated if its submits the application which minimize flood damage.For the (c)(10).
materials specified in§59.22(a). purposes of this requirement,mobile h.In paragraph (d)by adding after the
(f)If during a period of ineligibility homes must be elevated and anchored phrase"A1-30"the phrase"and/or AE"
under paragraphs(a),(d),or(e)of this to resist flotation,collapse,or lateral and by removing the phrase"A99 zones
section, a community has permitted movement.Methods of anchoring may and unnumbered"and adding in its
actions to take place that have include,but are not to be limited to,use place the phrase",AH zones,A99
aggravated existing flood plain, of over-the top or frame ties to ground zones,and".
mudslide(i.e.,mudflow)and/or flood anchors.This requirement is ir:addition i.By removing the phrase"(c)(9)"and
related erosion hazards, the to applicable State and local anchoring adding in its place the phrase"(c)(11)"
Administrator may withhold requirements for resisting wind forces. in paragraph(d)(1).
• •
reinstatement until the community " • "
j.By submits evidence that it has taken d.By removing in paragraph(c)(1)the follows:revising paragraph(e)to read as
action to remedy to the maximum extent word"unnumbered"and adding in its
possible the increased hazards.The place the phrase",AE zones,".
Administrator may also place the e.By adding after the phrase"A1-30" (e)When the Administrator has
reinstated community on probation as the phrase",AE"in the following provided a notice of final base flood
provided for in paragraph(b)of this paragraphs:(c)(2)and(c)(3). elevations within Zones Al-30 and/or
section. f.By revising paragraphs(c)(4),(c)(5), AE on the community's FIRM and,if
(g)The Administrator shall promptly and(c)(6)to read as follows: appropriate,has designated AH zones,
notify the servicing company and any • " • • AO zones,A99 zones,and A zones on
insurers issuing flood insurance (c) * " * the community's FIRM,and has
pursuant to an arrangement with the (4)Provide that where a non- identified on the community's FIRM
Administrator of those communities residential structure is intended to he coastal high hazard areas by designating
t
.
Federal Register / Vol. 50, No. 171 / Wednesday, September 4. 1985 / Rules and Regulations 36025
Zones V1-30,VE, and/or V,the square foot.Use of breakway walls phrase",unless application to cover
coummunity shall: which exceed a design safe loading more than one building is made on a
(1)Meet the requirements of resistance of 20 pounds per square foot form or in a format approved for that
paragraphs (c)(1) through (c)(11) of this (either by design or when so required by purpose by the Administrator".
section; local or State codes)may be permitted
(2)Within Zones V1-30,VE, and Von only if a registered professional engineer §61.4 [Amended]
a community's FIRM, (i)obtain the or architect certifies that the designs
elevation(in relation to mean sea level) g 12.paragraphSect (e)61.4 o is amended s: adding
of the bottom of the lowest structural proposed meet w thefollowingwall conditions: to read as follows:
member of the lowest floor(excluding (i)u breakaway collapse shall
result from a water load less than that
pilings and columns)of all new and which would occur during the base (el The policy does not cover loss to
substantially improved structures, and flood; and, any building or contents located on
whether or
not such s a (ii)the the elevated portion of the building Government,s arising from or
incident to
basement.and(ii)maintain record of
and supporting foundation system shall
all such information with the official the flooding of the property by the
Idesignated by the community under not be subject to collapse, displacement, Federal Government,where the lease
§ 59.22(a)(9)(iii);
n� or other structural damage due to the
( )(9)( )' effects of wind and water loads acting expressly holds the Federal Government
I (3)Provide that all new construction simultaneously on all building harmless,under flood insurance issued
within Zones VI-30,VE,and V on the components(structural and non- under any Federal Government program,
I. community's FIRM is located landward structural).Maximum wind and water from loss arising from or incident to the
of the reach of mean high tide; loading values to be used in this flooding of the property by the Federal
I. (4)Provide that all new construction determination shall each have one
equalled or Government.
and substantial improvements in Zones percent chance of bei
VI-30 and VE, and also Zone V if base §61.5 [Amended]
flood elevation data is available, on the exceeded in any given year(100-year
community's FIRM,are elevated on mean recurrence interval). 13.Section 61.5 is amended in the
pilings and columns so that(i)the _ Such enclosed space shall be useable following particulars:
bottom of the lowest horizontal solely for parking of vehicles, building a.By revising paragraph(f)(8)to read
structural member of the lowest floor access, or storage. as follows:
(excluding the pilings or columns) is (6)Prohibit the use of fill for structural ,
elevated to or above the base flood support of buildings within Zones V1-30, (f) * * *
level;and(ii)the pile or column VE,and V on the community's FIRM; (8)A mobile home located or placed
foundation and structure attached (7)Prohibit the placement of mobile within a FEMA designated Special
thereto is anchored to resist flotation, homes,except in existing mobile homes Flood Hazard Area that is not anchored
collapse and lateral movement due to parks and mobile home subdivisions, and affixed to a permanent site to resist
the effects of wind and water loads within Zones V1-30, VE, and V on the flotation,collapse, or lateral movement
acting simultaneously on all building community's FIRM; (i)by over-the-top or frame ties to
components.Wind and water loading (8)Prohibit man-made alteration of ground anchors or(ii)in accordance
values shall each have a one percent sand dunes and mangrove stands within with manufacturer's specifications or
chance of being equalled or exceeded in Zones VI-30,VE, and V on the (iii)in compliance with the community's
any given year(100-year mean community's FIRM which would flood plain management requirements,
recurrence interval).A registered increase potential flood damage. unless it is a mobile home on a
professional engineer or architect shall §60.6 [Amended] foundation continuously insured by the
develop or review the structural design, National Flood Insurance Program at the
specifications and plans for the 8.Section 60.6 is amended by adding same site at least since September 30,
construction,and shall certify that the in a)(6)(ii)after the word"annual" the 1982
design and methods of construction to phrase "or biennial".
be used are in accordance with accepted *60.22 (Amended] b.By removing from paragraph(f)(9)
standards of practice for meeting the 9.Section 60.22 is amended by adding the phrase "Vi—V30" and adding in its
provisions of(i)and(ii)of this after the phrase"VI-30"the phrase ", place the phrase "VI-30,VE,and V".
paragraph. VE, and V"in paragraph(c)(14)and by c.By removing from paragraph (0(10)
(5)Provide that all new construction removing the phrase"and V1-30"and the phrase "oil tanks,"and adding in its
and substantial improvements within adding in its place the phrase",AE,VI— place the phrase"well-water tank
Zones VI-30.VE, and V on the 30, and VE"in paragraph(c)(15). pumps, oil tanks and the oil in them,
community's FIRM have the space cisterns and the water in them,natural
below the lowest floor either free of PART 61—INSURANCE COVERAGE gas tanks,pumps and/or tanks used in
obstruction or constructed with non- AND RATES conjunction with solar energy systems,".
supporting breakaway walls, open wood
d.By removing in paragraph(h)(1)(v)
its
lattice-work,or insect screening 10.The authority citation for Part 61 is the amount"$50.00" and adding in ts intended to collapse under wind and revised as set forth below and the place the phrase "the minimum premium
water loads without causing collapse, authority citations following all the set forth in §61.10".
displacement,or other structural sections in Part 61 are removed.
damage to the elevated portion of the
building or supporting foundation Authority:42 U.S.C.4001 et seq.: §61.6 [Amended]
Reorganization Plan No.3 of 1978;E.O.12127.
system.For the purposes of this section, 14.Section 61.6 is amended by
a breakway wall shall have a design §61.3 [Amended] revising the chart in paragraph (a)to
safe loading resistance of not less than 11.Section 61.3 is amended by adding read as follows:
10 and no more than 20 pounds per to the end of the third sentence the (a) ` * *
o
36026 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 19S5 / Rules and Regulations
phrase"or mudslide(i.e.,mudflow)"
after the word"moisture".• e ar rogram h.In Article III—Losses Not Covered,
Emergency paragraph B.1 is amended by adding
— Program 1 between the word"of'and the word
ota
first Second amount "sandbags" the phrase"(1)";by adding
la er la r available between the phrase"with them,"and
the phrase"for the purpose"the
Single family residential following:"(ii)fill for temporary levees,
Except in Hawaii, Alaska. Guam, U.S. Virgin Islands 35,000 150,000 185,000 (iii)pumps,and(iv)wood,all";by
In Hawaii, Alaska, Guam, U.S. Virgin Islands 50,000 2 150.000 185.000 removing the phrase"and preserving the
building at the premises after a flood
Omer residential loss";and by adding between the phrase
Except in Hawaii, Alaska, Guam, U.S. Virgin Islands 100.000 1 0 000 3 150.0000 250.000 -word 250.000 s in e00a an"
eanand the word"amount"the
InSmall µlbus, Alaska, Guam, U.S. Virgin Islands 150,000 250,000 i.In Article III—Losses Not Covered,
business d
Churches and other properties 100.000 100.000 200.000 paragraph B is amended by adding
contents paragraphs 6 and 7 to-the end thereof to
50,000 60,000 read as follows:
10,00000 300.000 * * • *
Resident 141 100.000 200.000
Small business (per unit) 100.000 100,000 200.000 6.Loss by it ,resulting n from power.
EnurcAes• other properties heating or cooling failure,unless such failure
1 NOTE: Only first layer available under Emergency Program. results from physcial damage to power,
heating or cooling equipment situated on
premises where the insured property is
2 ROTE: Add to 35,000.
3 NOTE: Add to 100.000. located,caused by the peril insured against.
Lo
ss Loss e to any building or contents located
on property leased from the Federal
Government,arising from or incident to the cfi i Article"Policy"
the flooding of the property by the Federal
definition of"Policy"is amended ncby Government,where the lease expressly holds
$61.11 [Amended] adding to the end of the last sentence the Federal Government harmless,under
15.Section 61.11 is amended by the phrase",unless application to cover flood insurance issued under any Federal is made in the (c) "or added
words more r than n a format u approved for that on a r incident tot thvernment e flooding of the property by
ram.from loss arising from
"new policy"r the words emoudthe Federal Government.
coverage or increase in the amount of purpose by the Administrator".
d.In Article II—Definitions,a j.In Article IV—Property Covered,the
coverage". definition of"Probation additional heading is amended by adding"(Subject
§61.16 [Added] premium"is added,alphabetically,to to'Property Not Covered'Provisions)"
as a second line of heading.
16.d Section • '61.16 is added to Part 61 to read as follows: k.In Article£V—Property Covered,
read as follows: "Probation additional premium"means a paragraph C is amended by removing
§61.16 Probation additional premium. flat charge per policy term paid by the the comma between the word"art" and
Insured on all new and renewal policies the word"glass"and by adding a
The additional premium b charged issued covering property in a community that closing parenthesis between the phrase
pursuant ldorrenewedto$e within i on each policy has been placed on probation under the "antique losing silver"renth and the following
sold or a community provisions of 44 CFR 59.24 on or after comma.that has been placed on probation on or October 1,1985. 1.In Article V—Property Not Covered,
after October 1,1986,is$25.00. • . ' paraph B is revised er read as
Appendix A(1)of Part 61—(Amagr
ended) e.In Article III—Losses Not Covered, pa
to
the opening clause beginning"We only follows:
17.Appendix A(1)of Part 61, ;•is amended by adding after the B.A building,and its located
referenced at$61.13,Standard Flood word"by" and before the word"flood" seaward A o mean hightide,or contents,entirely in,on,
Insurance Policy,is amended in the the phrase"or from". or over water,m if the building was newly
following particulars: f.In Article III—Losses Not Covered, constructed or substantially improved on or
a.In Article II—Definitions,the paragraph A.2 is revised to read as after October 1,1982: .
definition of"Building"is amended by follows: * '
adding to the end of the last sentence m.In Article V—Property Not
the phrase unless application to cover 2.Loss caused(i)by rain,snow,sleet,hail Covered,paragraph F is amended by
more than one building is made on a or water spray;or(ii)by freezing.thawing• removing the phrase"oil tanks," and
form or in a format approved for that the pressure or weight of ice ores ter,sewer adding in its place the phrase purpose by the Administrator". backup or seepage f water unless your
"well-
b.In Article II—Definitions,the insured property has been,at the same time, water
them,c sterns andltta tanks
and the oil
defindamaged by a flood.
hem,
Home" of"Doublewide ny Mobile * • * natural gas tanks,pumps and/or tanks
words is amended by addingand after be the In Article III—Losses Not Covered, used in conjunction with solar energy
t words semi-colon
the wbords
"and which cre rg nt In ArticleV—Property Not
the semi-colon the words paragraph"or" is amended by removing systems,
when so assembled is at least 16 feet the word between the words
wide with an area within its perimeter "Water"and"moisture" and adding a Covered,paragraph H is revised to read
walls of at least 600 square feet". comma in its place and by adding the as follows:
S
Federal Register / I. 50, No. 171 / Wednesday, September 4,1985 / Rules and Regulations 36027
H.A mobile home located or placed within Insurance Policy, is amended in the a FEMA designated Special Flood Hazard h.In tpe PERILS EXCLUDED section,
w
following
Area that is not anchored and affixed to a particulars: paragraph K is added to read as follows:
permanent site to resist flotation,collapse,or a.That part of the heading of
lateral movement(i)by over-the-top or frame Appendix A(2)that is enclosed in * k.To any building or contents located on
ties to ground anchors or(ii)in accordance brackets is revised to read as follows: property leased from the Federal
with manufacturer's specifications or(iii)in * * * * * Government,arising from or incident to the
compliance with the community's flood plain flooding of the property by the Federal
management requirements,unless t ie a [Issued Pursuant to the National Flood
i
mobile home on a foundation continuously Insurance Act of196a,or Any Acts Government,where the lease expressly holds
insured by the National Flood Insurance Amendatory Thereof•and Applicable Federal the Federal Government harmless,under
Program at the same site at least since Regulations in Title 44 of the Code of Federal flood insurance issued under any Federal
September 30,1982. Regulations,Subchapter B] Government program,from loss arising from
or incident to the flooding of the property by
o.In Article V—Property Not * * * the Federal Government.
b.In the DEFINITIONS section, the i.In the PROPERTY COVERED
Covered,paragraph J is amended by
removing the phrase"V1—V30"and definition of"Building"is amended by section, the heading is amended by
adding in its place the phrase"V1-30. adding to the end of the last sentence adding"(Subject to'Property Not
VE,and V". the phrase ",unless application to cover Covered'Provisions)"as a second line
p.In Article VII—Replacement Cost more than one building is made on a of heading.
Provisions,paragraph I is added to read form or in a format approved for that j.In the PROPERTY COVERED
as follows: purpose by the Administrator". section,paragraph 8.1 is amended by
c.In the DEFINITIONS section,the removing the semi-colon between the
I.If the community in which your definition of"Doublewide Mobile word"description"and the word
property is located has been converted Home"is amended by removing the "furniture"and adding in its place a
from the Emergency Program to the word"an"and adding in its place the comma and by adding to the end of
Regular during the current policy term, word"and"and by adding after the paragraph B.1 the following sentence:
then these Replacement Cost Provisions words "permanent building"and before "Bailees'goods are specifically
shall be applied based on the maximum the semi-colon the words "and which excluded from coverage under this
amount of insurance available under the when so assembled is at least 16 feet policy."
National Flood Insurance Program at the wide with an area within its perimeter k.In the PROPERTY COVERED
beginning of the current policy term walls of at least 600 square feet". section,paragraph B is amended by
instead of at the time of loss. d.In the DEFINITIONS section, the adding paragraph 5 to read as follows:
q.In Article VIII—General Conditions definition of"Policy"is amended by * *
and Provisions,paragraph C is amended adding to the end of the last sentence 5.In the case of contents owned by the
by adding at the end of the first the phrase ",unless application to cover Insured in a condominium building,as a
sentence a sentence to read as follows: more than one building is made on a condominium unit owner.as well as in
"In other words,if you obtain form or in a format approved for that common with other condominium unit
additional flood insurance to cover the purpose by the Administrator', owners,should the amount of insurance
structure insured by this policy beyond that e.In the DEFINITIONS section, a collectible under this policy for a loss,when
obtained under the authority of the National combined a to any in co common under e any the
Flood Insurance Act of 1968,as amended, definition of"Probation additional Insured as a tenant under
premium"is added,alphabetically, to condominium association flood insurance
then you must acquire the maximum amount
read as follows: coverage provided under the Act for the same
of available flood insurance under said Act in
order to avoid the imposition of proration as * • * * • loss,exceed the statutorily permissible limits
of
described in the preceding sentence. "Probation additional premium"means a for the insuring of risks of the class
contents coverage available under the Act
* * flat charge per policy term paid by the fo
r.In Article VIII—General Conditions Insured on all new and renewal policies (residential,nonresidential,or small
and Provisions,paragraph F.1.e.is issued covering property in a community that business)of Insured,then the limits of
has been placed on probation under the contents coverage under this policy shall be
revised by removing the amount provisions of 44 CFR 59.24 on or after reduced in regard to that loss by the amount
"$50.00"and adding in its place the October 1,1986. of such excess.
phrase "the minimum premium set forth
in 44 CFR 61.10". * * 1.In the PROPERTY NOT COVERED
4 s.In Article VIII—General Conditions f.In the PERILS EXCLUDED section, section,paragraph B is revised to read
and Provisions,paragraph F.2.(ii)a is paragraph A is amended by adding a as follows:
comma between the word"water"and *
amended by removing in the last
sentence the comma after the word the word"moisture"in item(3). B.A building,and its contents,Iota tad
"year"and adding in its place a closing g.In the PERILS EXCLUDED section, seaward of mean high tide,or entirely in,on.
parenthesis, by removing the closing paragraph F is amended by removing or over water,if the building was newly
parenthesis before the semi-colon,and the phrase "purpose of sandbags"and constructed or substantially improved on or
by adding the word"or"after the semi- adding in its place the phrase"purchase after October 1,1982.
colon. of(i)sandbags";by adding between the * *
t.In Article VIII—General Conditions phrase "with them,"and the phrase"for m.In the PROPERTY NOT COVERED
and Provisions,paragraph 0 is amended the purpose of saving"the following: section,paragraph E is amended by
by removing the word "Mortgagee"in "(ii)fill for temporary levees, (iii)pumps, removing the phrase "equipment;and
the heading and adding in its place the and(iv)wood,all";by removing the business property."and adding in its
word "Mortgage". phrase"and preserving the building at place the phrase"equipment.".
the premises after a flood loss";and by * * * *
Appendix A(2)of Part 61—(Amended]
adding between the phrase"loss in an" n.In the PROPERTY NOT COVERED
18.Appendix A(2)of Part 61, and the word"amount" the word section,paragraph F is amended by
referenced at §61.13, Standard Flood "aggregate".
removing the phrase "oil tanks,
--�
36028 Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 t voiles and Regulations
P furnaces",and adding in its place the IN WITNESS WHEREOF,the Insurer has §66.1 [Amended]
phrase"well-water tank pumps,oil executed and attested these presents. 22.Section 66.1 is amended by
tanks and the oil in them,cisterns and Jeffrey S.Bragg, removing the phrase"A1-99 and"and
the water in them,natural gas tanks, Administrator,Federal insurance adding in its place the phrase"A1-30,
pumps and/or tanks used in conjunction Administration. AE,AH,AO"and by adding after the
with solar energy systems,furnaces,hot phrase "VI-30" the phrase",and VE".
water heaters, clothes washers and PART 64—COMMUNITIES ELIGIBLE
dryers, food freezers,air conditioners,". FOR THE SALE OF INSURANCE PART 70—PROCEDURE FOR MAP
o.In the PROPERTY NOT COVERED CORRECTION
19.The authority citation for Part 64
section,paragraph H is revised to read continues to read as set forth below and 23.The authority citation for Part 70 is
as follows: the authority citations following all the revised as set forth below and the
A.mobile home located or placed within a sections in Part 64 are removed. authority citations following all the
FEMA designated Special Flood Hazard Area Authority:42 U.S.C.4001 et seq.: sections in Part 70 are removed.
that is not anchored and affixed to a Reorganization Plan No.3 of 1978:E.O.12127, Authority:42 U.S.C.4001 et seq.:
permanent site to resist flotation,collapse,or Reorganization Plan No.3 of 197&E.O.12127.
lateral movement(i)by over-the-top or frame §64.3 [Amended]
ties to ground anchors or(ii)in accordance 20.Section 64.3 is amended in the §§70.1,70.3,70.4,and 70.6 [Amended]
with manufacturer's specifications or(iii)in following particulars: 24.Part 70 is amended by removing
compliance with the community's flood plain the phrase "A1-99"and adding in its
a.In the chart in paragraph(01)by
management requirements,unless it is a place the phrase"A1-30,AE,AFL A99"
removing the phrase"AI-99"and
mobile home on a foundation continuously adding in its place the phrase"AI-30, in the following sectit.ons: §§70.1,70.3(a),
insured by the National Flood Insurance - AE"and by adding after this amended 70.4(a),70.4(b),and 70.5(c).
Program at the same site at least since entry in the chart the following entry: 25.Part 70 is amended by removing
September 30,1982. the phrase"and V1-30"and adding in
p.In the PROPERTY NOT COVERED A99.. pros of special flood hazard its place the phrase",V1-30,VE,and V"
section,paragraph J is amended by where enough progress has been in the following sections: §§ 70.1 and
removing the phrase"V1—V30"and made on a protective system, 70.3(x).
adding in its place the phrase"VI-30, such as dikes, dams, and levees, 26.Part 70 is amended by removing
VE,and V". to consider it complete for insur- the phrase"or V1-30" and adding in its
In the General Conditions anre rating purposes. place the phrase",V1-30,VE,or V"in
on ons and the following sections: §§ 70.4(a),
Provisions section,paragraph C is 784(b).and 70.5(c),
amended by removing"Insured" in the b.In the chart in paragraph(a)(1)by
first sentence and adding in its place adding after the"All"entry the 27.Part 72 is added to 44 CFR Chapter
"Insurer"and by adding at the end of following entry: 1,Subchapter B to read as follows:
the first sentence a sentence to read as PART 72—PROCEDURE AND FEES
follows: V Area of special flood hazards FOR OBTAINING CONDITIONAL
• • without water surface elevations APPROVAL OF MAP CHANGES
In other words,if the Insured obtains determined, and with velocity,
additional flood insurance to cover the that is inundated by tidal floods Sec.
structure insured by this policy beyond that (coastal high hazard area). 72.1 Purpose of part.
obtained under the authority of the National 72.2 Definitions.
Flood Insurance Act of 1968,as amended, 72.3 Initial fee schedule.
then the Insured must acquire the maximum c.In the chart in paragraph(aft)by 72.4 Submittal/payment procedures and
FEMA response.
amount of available flood insurance under adding after the phrase"V1-30"the
72.5 Exemptions.
said Act in order to avoid the imposition of phrase",VE"and by adding in this 72.6 Unfavorable response.
proration as described in the preceding entry in the chart after"flood hazards," 72.7 Resubmittals.
sentence. the words"with water surface Authority:31 U.S.C.s7o1:a2 U.S.C.4001 et
* • elevations determined and".
seq.:Reorganization Plan 1No.:4 3 of 19'8:E.°,P
r.In the General Conditions and d.In the chart in paragraph (a)(1)by 12127.
Provisions section, paragraph E.1.e.is adding both after the phrase"B" and
revised by removing the amount after the phrase "C" the phrase", X". §72.1 Purpose of part.
"$50.00"and adding in its place the e. In paragraph(bit by removing the The purpose of this part is to provide
phrase"the minimum premium set forth phrase"A1-99" and adding in its place administrative and cost recovery
in 44 CFR 61.10". the phrase"AI-30,AE. A99" and by procedures for engineering review and
s. In the General Conditions and adding after the phrase"V1-30,"the processing associated with the issuance
Provisions section,paragraph M is phrase "VE.V;". of Conditional Letters of Map
amended by removing the word Amendment(conditional LOMAs) and
"Mortgagee" PART 66—CONSULTATION WITH Conditional Letters of Map Revision
in the heading and adding LOCAL OFFICIALS (conditional LOMRs).Final LOMAs and
in rs place the word"Mortgage". LOMRs granted to correct map
t.The IN WITNESS WHEREOF clause 21.The authority citation for Part 66 is deficiencies are not subject to this
and the signature lines appearing after revised as set forth below and the reimbursement procedure.
paragraph V of the GENERAL authority citations following all the
CONDITIONS AND PROVISIONS sections in Part 66 are removed. §.72.2 Definitions.
section and before Endorsement 1 are Authority:42 U.S.C.4001 et seq.; (a)Except as otherwise provided in
revised to read as follows: Reorganization Plan No.3 of 1078;R.O.12127 this part,the definitions set forth in Part
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Federal Register / Vol. 50, No. 171 / Wednesday, September 4, 1985 / Rules and Regulations 36029
59 of this subchapter are applicable to conditional LOMR,the requestor will be §72.6 Unfavorable response.
this part. billed at the prevailing private sector A conditional LOMA or conditional
(b)For the purpose of this part,a labor rate(currently$25.00 per hour)for LOMR may be denied or may contain
Conditional Letter of Map Amendment any actual costs exceeding the initial fee specific comments,concerns,or
(conditional LOMA)is FEMA's comment incurred during the review, conditions regarding a proposed project
on a proposed project to be located in (1)Requestors of conditional LOMAs or design and its impacts on flood
and affecting only that portion of the will be notified of the anticipated total hazards in a community.A requestor is
area of special flood hazard outside the cost if the total cost of processing their not entitled to any refund if the letter
regulatory floodway and having no request will exceed$500. contains such comments,concerns,or
impact on the existing regulatory (2)Requestors of conditional LOMRs conditions,or if the letter is denied.A
floodway or effective base flood will be notified of the anticipated total requestor is not entitled to any refund if
elevations. cost if the total cost of processing their the requestor is unable to obtain
(c)For the purpose of this part,a request will exceed$1,500. required authorizations,permits,
Conditional Letter of Map Revision (3)In the event that processing costs financing, etc.,for which the letter was
(conditional LOMR)will be FEMA's exceed the limits defined in(c)(1)and sought.
comment on a proposed,pmject that (2)of this section,processing of the
would affect-the hydrologic and/or request will be suspended pending §72.7 Resubmittais.
hydraulic characteristics of a flooding FEMA receipt of written approval from Any resubmittal of a request more
source and thus result in the the requestor to proceed.
modification of the existing regulatory (d)The entity that applies to FEMA than 90 days after FEMA notification
floodway or effective base flood through the local community for review that a request has been denied or after a
elevations. will be billed for the cost of the review. review has been terminated due to
The local community incurs no financial insufficient information or other reasons
§72.3 Initial fee schedule. obligation under the reimbursement will be treated as an original submission
(a)For conditional Letters of Map procedure set forth in this part as a and subject to all submittal/payment
Amendment,the initial fee shall be paid result of transmitting the submittal to procedures as described in § 72.4,
by the requestor in the following FEMA. including the initial fee.The procedure
amounts: (e)Payment of both the initial fee and of§ 72.4 including the initial fee,will
(1)Single-lot $125 final cost shall be by check or money also apply if the project has been
(2)Multi-lot/subdivision $175 order payable to the United States significantly altered in design or scope
(b)For conditional Letters of Map Treasury and must be received by other than that necessary to respond to
Revision, the initial fee shall be paid by FEMA before the conditional LOMA or previously issued comments,concerns,
the requestor in the following amounts: conditional LOMR will be issued. or conditions by FEMA.
(1)New bridge or culvert(no (f)For conditional LOMA requests,
channelization) $350 FEMA shall: PART 75—EXEMPTION OF STATE-
(2)Channel modifications only $400 (1)Notify the requestor within 30 days OWNED PROPERTIES UNDER SELF-
(3l Channel modification and new as to the adequacy of the submittal, and INSURANCE PLAN
bridge or culvert $525 (2)Within 30 days of receipt of 28.The authority citation for Part 75 is
(4)Levees,berms,or other structural adequate information,provide comment revised as set forth below and the
measures $875 to the requestor on the proposed project.
(c)For projects involving (g)For conditional LOMR requests, authority citations following all the
combinations of the above actions FEMA shall: sections in Part 75 are removed.
which are not separately identified,the (1)Notify the requestor within 60 days Authority:42 U.S.C.4001 et seq.;
initial fee shall be that charged for the as to the adequacy of the submittal,and Reorganization Plan No.3 of 1978;E.O.12127.
most expensive of the actions (2)Within 90 days of receipt of
comprising the combination. adequate information,provide comment §§75.1,75.10,75.11,and 75.13 [Amended]
to the requestor on the proposed project. 29.Part 75 is amended by removing
§72.4 Submittal/payment procedures and the phrase"M,V,VO"and inserting in
FEMA response. §72.5 Exemptions. its place the phrase "All,Al-30,AE,
(a)Initial fees shall be submitted with Federal,state, and local governments A99,M,V,VO,V1-30,VE" in the
the request for FEMA review and and their agencies shall be exempt from following sections: §§ 75.1,75.10,
processing of conditional LOMAs and fees for projects they sponsor if the 75.11(a)(4)(twice),75.11(a)(5),75.11(a)(7).
conditional LOMRs. requestor certifies that the particular and 75.13(c).
(b)Initial fees must be received by project is for public benefit and Dated:August 29,1985.
FEMA before the review can be initiated primarily intended for flood loss
for any conditional LOMA or reduction to existing development in Jeffrey S.Bragg,
conditional LOMR request. identified flood hazard areas, as Federal Insurance Administrator.
(c)Following completion of FEMA opposed to planned flood plain [FR Doc.85-21009 Filed 9-3-85;8:45 am]
review for any conditional LOMA or development. BILLING CODE 5718-01-M
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