[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Proposed Rules]
[Pages 60159-60163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25834]


=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

RIN 3067-AD13


National Flood Insurance Program (NFIP); Letter of Map Revision 
Based on Fill Requests

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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

SUMMARY: We, FEMA, propose to amend our procedures for issuing Letters 
of Map Revision Based on Fill (also referred to as LOMR-F) under the 
criteria of 44 CFR 65. We use the criteria established in Sec. 65.5 to 
determine whether we can issue a LOMR-F to remove unimproved land or 
land with structures from the Special Flood Hazard Area (SFHA) by 
raising ground elevations using engineered earthen fill.

DATES: We invite your comments on this proposed rule. Please send any 
comments on or before November 9, 2000.

ADDRESSES: Please send written comments to the Rules Docket Clerk, 
Office of the General Counsel, Federal Emergency Management Agency, 500 
C Street, SW., room 840, Washington, DC 20472, (facsimile) 202-646-
4536, or (email) <a href="/cdn-cgi/l/email-protection#1765627b72645771727a7639707861"><span class="__cf_email__" data-cfemail="f183849d9482b197949c90df969e87">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Technical Services Division, Mitigation 
Directorate, at (202) 646-3461, or (email) <a href="/cdn-cgi/l/email-protection#a5c8c4d1d18bc8ccc9c9c0d7e5c3c0c8c48bc2cad3"><span class="__cf_email__" data-cfemail="e78a869393c98a8e8b8b8295a781828a86c9808891">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Congress created the National Flood Insurance Program (NFIP) in 
1968 to provide federally supported flood insurance coverage, which 
generally had not been available through private insurance companies. 
The program is based on an agreement between the Federal Government and 
each community that chooses to participate in the program. We make 
flood insurance available to property owners within a community 
provided that the community adopts and enforces floodplain management 
regulations that meet or exceed the minimum requirements of the NFIP 
set forth in part 60 of the NFIP Floodplain Management Regulations (44 
CFR 60).
    Identifying and mapping flood hazards. FEMA identifies and maps 
flood hazard areas by conducting flood hazard studies and publishing 
Flood Insurance Rate Maps (FIRMs). These flood hazard areas, referred 
to as Special Flood Hazard Areas (SFHAs), are based on a flood that 
would have a 1-percent chance of being equaled or exceeded in any given 
year (the 100-year flood or base flood). We determine the 1-percent 
annual chance flood, shown on the FIRMs as A Zones or V Zones, from 
information that we obtain through consultation with the community, 
floodplain topographic surveys, and detailed hydrologic and hydraulic 
analyses.
    Floodplain management requirements. The NFIP minimum building and 
development regulations require that new or substantially improved 
buildings in A Zones have their lowest floor (including basement) 
elevated to or above the Base Flood Elevation (BFE) (the elevation of 
the 1-percent annual chance flood). Non-residential buildings in A 
Zones can either be dry floodproofed or elevated to the BFE. In V 
Zones, the bottom of the lowest horizontal structural member of the 
lowest floor of all new or substantially improved buildings must be 
elevated to or above the BFE. We have designed the NFIP floodplain 
management requirements at 44 CFR 60.3 to protect buildings constructed 
in floodplains from flood damages.
    Freeboard and Floodplain Storage. Freeboard, generally expressed in 
terms of feet above a flood level for purposes of floodplain 
management, proves to be a successful method for reducing damage due to 
flooding and acts to compensate for the many uncertain factors that 
contribute to flood heights greater than the base flood. We recognize 
communities that incorporate the concept of freeboard in their 
permitting and planning processes through the Community Rating System, 
Project Impact, and insurance rating in general.
    Local officials, developers, and the public at large should 
understand that the placement of fill in the SFHA could result in an 
increase in the base flood elevation by reducing the ability of the 
floodplain to convey and store floodwaters. Communities may want to 
consider prohibiting or limiting fill in floodplains, or requiring 
compensatory storage, and zero rise floodways as extra protection. 
Furthermore, development outside the SFHA but within the watershed can 
further increase the flood hazard by aggravating downstream flooding 
conditions. Therefore, FEMA will continue to encourage local officials, 
planners, design professionals, and developers to consider the long 
term benefits of elevating above the published base flood elevation 
when constructing projects in and near the SFHA.
    Local responsibility. When a community joins the NFIP, it must 
initially adopt a resolution or ordinance that expresses a commitment 
to recognize and evaluate flood hazards in all official actions and to 
take such other official action as reasonably necessary to carry out 
the objectives of the program [44 CFR 59.22(a)(8)]. This is in addition 
to the general requirement that the community take into account flood 
hazards to the extent that they are known in all official actions 
relating to land management and use [44 CFR 60.1(c)]. Furthermore, all 
communities participating in the NFIP must ``determine whether proposed 
building sites will be reasonably safe from flooding'' [44 CFR 
60.3(a)(3)]. This proposed rule emphasizes the role and responsibility 
of the community in permitting development and ensuring that areas 
within their jurisdiction are reasonably safe from flood hazards.
    Flood insurance. The National Flood Insurance Act of 1968 requires 
that we charge full actuarial rates reflecting the complete flood risk 
to buildings built or substantially improved on or after the effective 
date of the initial FIRM for the community or after December 31, 1974, 
whichever is later, so that the risks associated with buildings in 
flood prone areas are borne by those located in such areas and not by 
the taxpayers at large. We refer to these buildings as Post-FIRM. The 
NFIP bases flood insurance rates for new construction on the degree of 
the flood risk reflected by the flood risk zone on the FIRM. Flood 
insurance rates also take into account a number of other factors 
including the elevation of the lowest floor above or below the BFE, 
type of building, and the existence of a basement or an enclosure.
    Mandatory purchase of insurance. The Flood Disaster Protection Act 
of 1973 and the National Flood Insurance Reform Act of 1994 mandate the 
purchase of flood insurance as a condition of Federal or federally-
related financial assistance for acquisition or construction of 
buildings in SFHAs of any community. The two Acts prohibit Federal 
agency lenders, such as the Small Business Administration, United

[[Page 60160]]

States Department of Agriculture's Rural Housing Service, and 
Government-Sponsored Enterprises for Housing (Freddie Mac and Fannie 
Mae) from making, guaranteeing, or purchasing a loan secured by 
improved real estate or mobile home(s) in an SFHA of a participating 
community, unless flood insurance has been purchased and maintained 
during the term of the loan. The Acts also prohibit federally-regulated 
lenders from making, extending, or renewing any loan secured by 
improved real estate located in the SFHA in a participating community 
unless the secured property and any personal property securing the loan 
is covered by flood insurance. Federal financial assistance may not be 
provided in the SFHAs of non-participating communities.

Need for Proposed Rule

    We revise NFIP flood maps for a number of reasons, such as the 
availability of improved techniques for assessing the flood risk, 
changes in the physical condition of the floodplain or watershed, or as 
additional data become available to improve the identification of flood 
hazards. The requirements for revising the FIRMs are established in the 
NFIP Regulations at 44 CFR Part 65, Identification and Mapping of 
Special Hazard Areas. We can also revise a FIRM when property owners, 
whose land is in a SFHA and the elevation is below the BFE, request a 
map change as a result of grading and filling their site to raise the 
level of the land above the 1-percent annual chance flood level. The 
criteria for determining whether to remove unimproved land or land with 
structures from the SFHA by raising ground elevations using engineered 
earthen fill are established in section 65.5. If the criteria under 
section 65.5 are met, we will issue a Letter of Map Revision Based on 
Fill (also referred to as a LOMR-F).
    Specifically, unimproved land (land without a structure) can be 
removed from the SFHA under 44 CFR 65.5(a)(3) if the ground elevations 
of the entire legally defined parcel of land are at or above the 
elevation of the base flood. Land that is removed under paragraph 
65.5(a)(3) is no longer subject to the NFIP floodplain management 
requirements at 44 CFR 60.3, which includes the requirement that the 
lowest floor (including basement) be elevated to or above the BFE. In 
addition, future structures placed on this unimproved land would not be 
subject to the mandatory flood insurance purchase requirement of the 
NFIP.
    When a structure is involved (see 64 FR 47813, September 1, 1999), 
we previously determined whether it could be removed from the SFHA 
under 44 CFR 65.5(a)(4) by comparing the elevation of the lowest floor 
(including basement) and the elevation of the lowest adjacent grade 
with the elevation of the base flood. If the entire structure and the 
lowest adjacent grade were at or above the elevation of the base flood, 
the structure was removed from the SFHA. Once we issue a LOMR-F, the 
NFIP floodplain management requirements at 44 CFR 60.3 and the 
mandatory flood insurance purchase requirement of the NFIP no longer 
apply. However, if the structure involved did not meet the lowest floor 
and lowest adjacent grade criteria, the structure was not removed from 
the SFHA, thus it remained subject to the NFIP floodplain management 
requirements and the mandatory flood insurance purchase requirement.
    These regulations have caused confusion for State and local 
floodplain managers and permitting officials. This confusion stems from 
the fact that buildings constructed on fill in areas removed from the 
SFHA under paragraph 65.5(a)(3) are not required to have their lowest 
floor (including basement) elevated above the BFE. However, buildings 
constructed on fill in areas not previously removed from the SFHA under 
paragraph 65.5(a)(3) must have their lowest floors elevated to or above 
the base flood before they can be removed from the SFHA as outlined in 
paragraph 65.5(a)(4).
    We are concerned that this confusion may lead to unwise 
construction near floodplains and that structures built on land removed 
from the SFHA under section 65.5(a)(3) may be subject to residual flood 
damages during the base flood. The risk to structures built in these 
areas will vary depending the soil conditions at the site, the location 
of the structure relative to the flooding source, and whether the 
structure has a basement below the BFE. Therefore, to eliminate this 
confusion, we propose to revise portions of 44 CFR 65.2, 65.5, and 
65.6(a) to reinforce the existing requirements of 44 CFR 60.3 and to 
ensure land and structures removed from the SFHA based on fill are 
reasonably safe from flooding during the base flood.

Proposed Revised Procedures

    We would process all LOMR-F requests received after the date of the 
final rule as follows (these procedures would apply to single and 
multi-lot LOMR-F requests, which may involve one structure or multiple 
structures):
    <bullet> Paragraph 65.5(a)(3) would apply to requests to remove 
from the SFHA land that is elevated by placement of engineered fill, 
whether structures exist or not.
    <bullet> We would delete paragraph 65.5(a)(4) and in its place 
would require that a local official assure that the land or structure 
to be removed from the SFHA is ``reasonably safe from flooding'' as 
currently required in section 60.3(a).
    <bullet> A local community's determination that land or a structure 
is ``reasonably safe from flooding'' must consider best engineering 
practices, and analyses that demonstrate that risk from the base flood 
would be mitigated must support the determination. Depending on the 
circumstances, communities may wish to require that the applicant 
perform these analyses and that a registered design professional must 
certify the analyses, particularly for construction below the base 
flood elevation.
    <bullet> The Director may request supporting documentation 
regarding the decision process leading to the conclusion that the land 
or structure to be removed from the SFHA is reasonably safe from 
flooding.
    <bullet> We would provide technical guidance to local officials 
regarding standard fill placement and building practices when avoiding 
development in the floodplain is unavoidable. The guidance would give 
local officials the ability to require that all fill be adequately 
protected from the forces of erosion, scour, or differential 
settlement. It would also encourage local officials to require 
elevation above the base flood. In addition to existing guidance, we 
propose to publish a Technical Bulletin (FIA-TB-10), entitled 
``Ensuring that Structures Built in or Near Special Flood Hazard Areas 
Are Reasonably Safe From Flooding'' to provide further guidance to 
communities and design professionals in the implementation of this 
proposed rule. A copy of proposed TB #10 can be obtained either by 
downloading it from FEMA's web site at www.fema.gov/mit/techbul.htm or 
by contacting FEMA's publication distribution facility at 1-800-480-
2520 and requesting a copy.
    <bullet> If we learn that the community has not met the minimum 
floodplain management requirements of section 60.3, we could take 
action to remedy the violation and we could hold the request to revise 
the map in abeyance. This includes the requirement that residential 
structures in mapped SFHAs be built with their lowest floors (including 
basement) above the base flood.
    <bullet> We would not actively review previously issued 
determinations under section 65.5 for conformity with these

[[Page 60161]]

revised procedures. We would, however, review previously denied 
applications for a LOMR-F processed under paragraph 65.5(a)(4) upon 
written request.
    <bullet> New LOMR-F requests and requests for LOMR-F 
redeterminations would be subject to the current fee schedule 
established in 44 CFR part 72.
    <bullet> We would monitor the effectiveness of this rule change. 
Factors considered would include: ease of implementation, 
appropriateness of supporting engineering analyses, impact on 
floodplain management practices at the State and local level, and 
effectiveness in mitigating against flood loses. Within one year after 
we publish the final rule, we plan to re-evaluate this decision to 
determine whether changes to these or other related rules are 
warranted.

Comment Period Exception

    Under 44 CFR 1.4(e) it is our normal policy to afford the public at 
least 60 days to submit comments on a proposed rule, unless the 
Director makes an exception and explains the reasons for the exception. 
The Director makes an exception to the 60-day comment policy for this 
proposed rule on the grounds that the rule is a clarification of 
existing policy and that it is in the public interest of remove the 
confusion and inconsistency that exists in the current rule, to remove 
the rule's adverse impact on property owners, and to enhance the 
ability of local officials to make sound floodplain management 
decisions as soon as possible consistent with the requirements of the 
Administrative Procedure Act.

National Environmental Policy Act

    FEMA will not prepare an environmental analysis under NEPA since 
this rule would address an apparent administrative inconsistency that 
has no bearing on building practices or on the built or natural 
environment. This proposed rule would remove the current distinction 
between fill placed in an SFHA containing structures and fill placed in 
an SFHA without structures, both of which are allowable under current 
laws and regulations governing participation in the National Flood 
Insurance Program. Removing this distinction would resolve an apparent 
inconsistency in the floodprone status of a subset of structures built 
on fill within the SFHA. These apparent inconsistencies result from 
differences in the administrative processes followed by communities 
that permit development in floodplains rather than from physical 
differences in the built environment. We will continue to permit 
earthen fill and other types of development within the SFHA when 
applicable, and we will continue to require residential structures 
built in identified flood hazard areas to have their lowest floor 
(including basement) elevated to or above the base flood.

Regulatory Planning and Review

    We have prepared and reviewed this proposed rule under the 
provisions of E.O. 12866, Regulatory Planning and Review. Under 
Executive Order 12866, 58 FR 51735, October 4, 1993, a significant 
regulatory action is subject to OMB review and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This proposed rule would change the criteria that we would use to 
determine whether we can issue a LOMR-F to remove unimproved land or 
land with structures from the Special Flood Hazard Area (SFHA) by 
raising ground elevations using engineered earthen fill. We know of no 
conditions that would qualify the rule as a ``significant regulatory 
action'' within the definition of section 3(f) of the Executive Order. 
To the extent possible this proposed rule adheres to the principles of 
regulation as set forth in Executive Order 12866. This proposed rule 
has been reviewed by the Office of Management and Budget under the 
provisions of Executive Order 12866.

Paperwork Reduction Act

    In accordance with the provisions of the Paperwork Reduction Act of 
1995, 44 U.S.C. 3501 et seq., the Office of Management and Budget (OMB) 
approved the collections of information applicable to this proposed 
rule: OMB Number 3067-0147, Report to Submit Technical or Scientific 
Data to Correct Mapping Deficiencies Unrelated to Community-Wide 
Elevation Determinations (Amendments & Revisions to National Flood 
Insurance Program Map).
    Following is a summary of how each form will be used:
    (a) FEMA Form 81-87. Property Information. This form describes the 
location of the property, what is being requested, and what data are 
required to support the request.
    (b) FEMA Form 81-87E. Credit Card Information. This form outlines 
the information needed to process a request when the requester is 
paying by credit card.
    (c) FEMA Form 82-87A. Elevation Information. This form indicates 
what the Base Flood (100-year) Elevation (BFE) for the property is, how 
the BFE was determined, the lowest ground elevation on the property, 
and/or the elevation of the lowest adjacent grade to any structures on 
the property. This information is required for FEMA to determine 
whether the property that is being requested to be removed from the 
SFHA is above the BFE.
    (d) FEMA Form 81-87C. Community Acknowledgment of Requests 
Involving Fill. 44 CFR 65.5(a)(6) requires that if fill is placed to 
remove an area from the SFHA then the community must acknowledge the 
request. This form ensures that the requester fulfills this requirement 
before submitting the request to FEMA.
    (e) FEMA Form 81-87D. Summary of Elevations--Individual Lot 
Breakdown. This form is used in conjunction with the Elevation 
Information Form for requests involving multiple lots or structures. It 
provides a table to allow the required submitted data to be presented 
in a manner for quick and efficient review.
    The estimated burden on individual property owners is:


                                                                   Hours
Property Information.......................................         1.63
Credit Care Form...........................................          0.6
Elevation Information......................................         0.63
Community Acknowledgment of Requests Involving Fill........         0.88
Summary of Elevations--Individual Lot Breakdown............         0.67
 


    The number of requesters will vary from year to year, as we have no 
control over the number of people who will seek to have determinations 
made for their properties. For the purposes of this rule we estimate 
the following annual burdens:


 
 
 
Requesters.................................................        2,500
Hours per response.........................................         4.22
Total hours................................................       10.550
Total costs @ $50/hour.....................................     $527,500
 


[[Page 60162]]

Regulatory Flexibility Act, 5 U.S.C. 601

    Under the Regulatory Flexibility Act agencies must consider the 
impact of their rulemakings on ``small entities'' (small businesses, 
small organizations and local governments). When an agency is required 
by 5 U.S.C. 553 to publish a notice of proposed rulemaking, a 
regulatory flexibility analysis is required for both the notice and the 
final rule if the rulemaking could ``have a significant economic impact 
on a substantial number of small entities.'' The Act also provides that 
if a regulatory flexibility analysis is not required, the agency must 
certify in the rulemaking document that the rulemaking will not ``have 
a significant economic impact on a substantial number of small 
entities.''
    For the reasons that follow, I certify that a regulatory 
flexibility analysis is not required for this rule because it would not 
have a significant economic impact on a substantial number of small 
entities. This proposed rule is a clarification of existing policy and 
we propose the rule to remove the confusion and inconsistency that 
exists in the current rule. We expect that the proposed rule would 
remove the current rule's adverse impact on property owners, including 
small entities. This proposed rule would remove apparent 
inconsistencies in the current rule and would provide a single, uniform 
set of floodplain management criteria applicable to all applicable 
structures, regardless of when an area is removed from the SFHA. We 
expect the proposed rule to enhance the ability of local officials to 
make sound floodplain management decisions more readily than under the 
current rule. We also expect that the proposed rule will reduce the 
administrative burden on property owners, including small entities. We 
further expect that the rule may reduce certain building costs, without 
increasing the risks of flooding either to the owners or to the 
National Flood Insurance Program.

Executive Order 12612, Federalism

    Executive Order 13132, Federalism, dated August 4, 1999, sets forth 
principles and criteria that agencies must adhere to in formulating and 
implementing policies that have federalism implications, that is, 
regulations that have substantial direct effects on the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Federal agencies must closely examine the statutory 
authority supporting any action that would limit the policymaking 
discretion of the States, and to the extent practicable, must consult 
with State and local officials before implementing any such action.
    We have reviewed this proposed rule under E.O.13132 and have 
concluded that the rule does not have federalism implications as 
defined by the Executive Order. As noted under Regulatory Planning and 
Review, this proposed rule would change the criteria that we would use 
to determine whether we can issue a LOMR-F to remove unimproved land or 
land with structures from the Special Flood Hazard Area (SFHA) by 
raising ground elevations using engineered earthen fill. We know of no 
substantial direct effects on the States, or on the distribution of 
power and responsibilities among the various levels of government that 
would result from this proposed rule.
    The Office of Management and Budget has reviewed this rule under 
the provisions of Executive Order 13132.

List of Subjects in 44 CFR Part 65

    Flood insurance, Flood insurance rate maps, Reporting and 
recordkeeping requirements.
    Accordingly, we propose to amend Part 65 of Chapter I, Subchapter 
B, of Title 44 of the Code of Federal Regulations as follows:

PART 65--IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS

    1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O 12127 of Mar. 31, 
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

    2. Section 65.2 is amended by adding paragraph (c) to read as 
follows:


Sec. 65.2  Definitions

* * * * *
    (c) For the purposes of this part, ``reasonably safe from 
flooding'' means flood waters will not inundate the land and structures 
to be removed from the SFHA during the occurrence of the base flood and 
that any subsurface waters related to the base flood will not damage or 
inundate existing or proposed buildings and infrastructure.
    3. Section 65.5 is revised to read as follows:


Sec. 65.5  Revision to special hazard area boundaries with no change to 
base flood elevation determinations.

    (a) Data requirements for topographic changes. In many areas of 
special flood hazard (excluding V zones and floodways) it may be 
feasible to elevate areas with earth fill above the base flood 
elevation. Scientific and technical information to support a request to 
gain exclusion from an area of special flood hazard of a structure or 
parcel of land that has been elevated by the placement of fill will 
include the following:
    (1) A copy of the recorded deed indicating the legal description of 
the property and the official recordation information (deed book volume 
and page number) and bearing the seal of the appropriate recordation 
official (e.g., County Clerk or Recorder of Deeds).
    (2) If the property is recorded on a plat map, a copy of the 
recorded plat indicating both the location of the property and the 
official recordation information (plat book volume and page number) and 
bearing the seal of the appropriate recordation official. If the 
property is not recorded on a plat map, FEMA requires copies of the tax 
map or other suitable maps to help in locating the property accurately.
    (3) If a legally defined parcel of land and/or a structure is 
involved, a topographic map indicating present ground elevations, and 
date of fill. FEMA will base its determination that a legally defined 
parcel of land or a structure is to be excluded from the area of 
special flood hazard upon a comparison of the base flood to the ground 
elevations of the parcel or the lowest adjacent grade to the structure. 
If the ground elevations of the entire legally defined parcel of land 
or the lowest adjacent grade to the structure are at or above the 
elevation of the base flood, FEMA may exclude the parcel and/or 
structure from the area of special flood hazard.
    (4) Written assurance by the participating community that they have 
complied with the appropriate minimum floodplain management 
requirements outlined in Sec. 60.3 of this chapter. This includes the 
requirements that:
    (i) Residential structures built in the SFHA have their lowest 
floor elevated to or above the base flood;
    (ii) The community has determined through best engineering 
practices that the land or structures to be removed from the SFHA are 
``reasonably safe from flooding'', and that the community maintains on 
file all supporting engineering analyses that it used to make that 
determination; and
    (iii) The community has issued all necessary permits for 
development within the SFHA.
    (5) Data to substantiate the base flood elevation. If FEMA has 
completed a Flood Insurance Study (FIS), FEMA will use those data to 
substantiate the base flood. Otherwise, data provided by an

[[Page 60163]]

authoritative source, such as the U.S. Army Corps of Engineers, U.S. 
Geological Survey, Natural Resources Conservation Service, State and 
local water resource departments, or technical data prepared and 
certified by a registered professional engineer may be submitted. If 
base flood elevations have not previously been established, hydraulic 
calculations may also be requested.
    (6) A revision of flood plain delineations based on fill must 
demonstrate that any such fill does not result in a floodway 
encroachment.
    (b) New topographic data. The procedures described in paragraphs 
(a) (1) through (5) of this section may be also followed to request a 
map revision when no physical changes have occurred in the area of 
special flood hazard, when no fill has been placed, and when the 
natural ground elevations, as evidenced by new topographic maps, more 
detailed or more accurate than those used to prepare the map to be 
revised, are shown to be above the elevation of the base flood.
    (c) Certification requirements. A registered professional engineer 
or licensed land surveyor must certify the items required in paragraphs 
(a)(3) and (b) of this section. Such certifications are subject to the 
provisions of Sec. 65.2.
    (d) Submission procedures. Submit all requests to the appropriate 
FEMA Regional Office servicing the community's geographic area or to 
the FEMA Headquarters Office in Washington, DC, and submit the 
appropriate payment with the requests, in accordance with 44 CFR part 
72.
    4. Paragraph 65.6 is amended by adding paragraph (a)(14) to read as 
follows:


Sec. 65.6  Revision of base flood elevation determinations.

    (a) * * *
    (14) Written assurance by the participating community that they 
have complied with the appropriate minimum floodplain management 
requirements outlined in Sec. 60.3 of this chapter. This includes the 
requirements that:
    (i) Residential structures built in the SFHA have their lowest 
floor elevated to or above the base flood;
    (ii) The community has determined through best engineering 
practices that the land or structures to be removed from the SFHA are 
``reasonably safe from flooding'', and that the community maintains on 
file all supporting engineering analyses that it used to make that 
determination; and
    (iii) The community has issued all necessary permits for 
development within the SFHA.
* * * * *

    Dated: October 3, 2000.
Michael Armstrong,
Associate Director for Mitigation.
[FR Doc. 00-25834 Filed 10-6-00; 8:45 am]
BILLING CODE 6718-04-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>