17758 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

appropriate, the effect of those actions

on small entities at the time the State

submits those regulations. I certify that

approval of the redesignation request

will not affect a substantial number of

small entities.

Executive Order

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Authority: 42 U.S.C. 7407, 7501–7515,

7601.

Dated: March 30, 1995.

Jane N. Saginaw,

Regional Administrator.

[FR Doc. 95–8603 Filed 4–6–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

RIN 3067–AC34

Standard Hazard Determination Form

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: FEMA is developing a

standard form for determining whether

a structure is located within an

identified Special Flood Hazard Area

(SFHA) and whether flood insurance

may be required and is available. Use of

this form will ensure that required flood

insurance coverage is purchased for

buildings located in an SFHA, and will

assist federal entities for lending

regulation in assuring compliance with

these purchase requirements.

DATES: We invite your comments on this

proposed form, which should be

submitted on or before May 8, 1995.

ADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT:

Michael K. Buckley, P.E., Chief, Hazard

Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2756,

or by facsimile at (202) 646–4596 (not

toll-free calls).

SUPPLEMENTARY INFORMATION: Section

102(b) of the Flood Disaster Protection

Act of 1973, as amended by the National

Flood Insurance Reform Act of 1994

(NFIRA) (42 U.S.C. 4012a(b)), requires

that federally regulated lending

institutions and federal agency lenders

review the National Flood Insurance

Program map for the community in

which they are contemplating making,

increasing, extending, or renewing any

loan secured by improved real estate to

determine whether the property is

located in an identified Special Flood

Hazard Area, and if so, require the

purchase of flood insurance for the

building or mobile home. Section 528 of

the NFIRA (42 U.S.C. 1365(a)) directs

that FEMA ‘‘shall develop a standard

form for determining, in the case of a

loan secured by improved real estate or

a mobile home, whether the building or

mobile home is located in an area

identified by the Director [of FEMA] as

an area having special flood hazards and

in which flood insurance under this title

is available.’’ The purpose of the form

is to determine whether a structure is

located within an identified Special

Flood Hazard Area (SFHA) and whether

flood insurance may be required and is

available. Use of this form will ensure

that required flood insurance coverage

is purchased for buildings located in an

SFHA, and will assist federal entities for

lending regulation in assuring

compliance with these purchase

requirements.

Section 528(c) of the NFIRA (42

U.S.C. 1365(c)) requires that federal

entities for lending regulation shall by

regulation require the use of this form

by regulated lending institutions. Each

federal agency lender shall also, by

regulation, provide for the use of the

form with respect to any loan made by

such federal agency lender. The Federal

National Mortgage Association, the

Federal Home Loan Mortgage

Corporation and the Government

National Mortgage Association shall

require the use of the form with respect

to any loan purchased by such entities.

Rules specifying the use of this form

will be published separately by these

federal agencies. However, as required

by the NFIRA, FEMA is presenting the

form itself in this proposed rule to

provide an opportunity for review and

comment.

The NFIRA also directs FEMA to

consult with representatives of the

mortgage and lending industry, the

federal entities for lending regulation,

the federal agency lenders and any other

appropriate individuals in developing

this form. Before publishing this

proposed rule, FEMA held an informal

30-day review period. We provided a

copy of a two-page draft standard

hazard determination form to over 400

individuals, agencies and groups

representing the following interests:

Federal entities for lending regulation,

federal agency lenders, governmentsponsored enterprises for housing,

lenders, insurance agents, flood zone

determination companies, attorneys,

trade associations, professional

surveyors and engineers, and floodplain

managers. We received a total of 74

comments by February 16, 1995. The

breakdown of respondents is as follows:

Seven federal entities for lending

regulation, federal agency lenders, and

government-sponsored entities for

housing; 10 lenders; 14 insurance

agents; 12 flood zone determination

companies; nine associations

representing bankers, credit unions,

floodplain managers, and surveyors; one

engineering firm; one software

corporation; five state/local floodplain

managers; and 15 other individuals.

There were several recurring themes

in the comments, which have been

addressed in the current version of the

form. The focus of the form has been

significantly narrowed. Much

extraneous information has been deleted

and the form has been shortened to one

page. We prepared a one-page set of

instructions to accompany the form. The

instructions refer to the source for

obtaining information needed to

complete the form. All references to

‘‘property’’ have been replaced with

‘‘building/mobile home.’’ An entry for

the amount of flood insurance required

by the lender has been included. The

amount of space available for the

property address has been enlarged. The

sections of the form have been

streamlined, and the lender information

is clearly separated from the

determination section. Some sections of

the form may be left blank, depending

on the determination. Additional space

was provided for comments and for the

preparer’s information.

We received many comments

regarding the availability of the form in

an electronic format. The NFIRA states

that the form may be used in a printed,

computerized, or electronic manner.

Once finalized, the form will be made

available by FEMA in an electronic

format. We anticipate that a standard

format common to all potential users

will be employed for this electronic

version.

Some of the questions we received

during the informal review period

related to use of the form, for example:

will the form content be mandatory or

will the use of the form be mandatory?

Section 528(c) of the NFIRA (42 U.S.C.

1365(c)) mandates that

‘‘Federal entities for lending

regulation shall by regulation require

the use of the form under this section by

regulated lending institutions. Each
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17759

Federal agency lender shall by

regulation provide for the use of the

form with respect to any loan made by

such Federal agency lender. The Federal

National Mortgage Association and the

Federal Home Loan Mortgage

Corporation and the Government

National Mortgage Association shall

require the use of the form with respect

to any loan purchased by such entities.’’

The federal entities for lending

regulation, federal agency lenders, and

government-sponsored entities for

housing will establish the regulations

and guidelines regarding the use of the

form later.

We also received comments regarding

review of determinations by FEMA,

outlined in Section 524 of the NFIRA.

We anticipate publishing a proposed

rule for these procedures soon.

National Environmental Policy Act

This proposed rule would be

categorically excluded from the

requirements of 44 CFR Part 10,

Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director, Mitigation

Directorate, certifies that this rule would

not have a significant economic impact

on a substantial number of small entities

in accordance with the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.,

because it would not be expected (1) to

have significant secondary or incidental

effects on a substantial number of small

entities, nor (2) to create any additional

burden on small entities. Moreover,

establishing the Standard Hazard

Determination Form is required by the

National Flood Insurance Reform Act of

1994, 42 U.S.C. 4012a. A regulatory

flexibility analysis has not been

prepared.

Regulatory Planning and Review

This proposed rule would not be a

significant regulatory action under

Executive Order 12866 of September 30,

1994, Regulatory Planning and Review,

58 FR 51735. To the extent possible this

proposed rule adheres to the principles

of regulation as set forth in Executive

Order 12866. This proposed rule has not

been reviewed by the Office of

Management and Budget under the

provisions of Executive Order 12866.

Executive Order 12612, Federalism

This proposed rule would involve no

policies that have federalism

implications under Executive Order

12612, Federalism, dated October 26,

1987. Executive Order 12778, Civil

Justice Reform. This proposed rule

would meet the applicable standards of

section 2(b)(2) of Executive Order

12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Reporting and

recordkeeping requirements.

Accordingly, 44 CFR part 65 is

proposed to be amended as follows:

PART 65—IDENTIFICATION AND

MAPPING OF SPECIAL HAZARD

AREAS

1. The authority citation for Part 65 is

revised to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 43 FR

41943, 3 CFR, 1978 Comp., p. 329; E.O.

12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR,

1979 Comp., p. 376.

2. Section 65.16 is added to read as

follows:

§ 65.16 Standard Hazard Determination

(Flood Hazards) Form and Instructions.

Section 528 of the National Flood

Insurance Reform Act of 1994 (42 U.S.C.

1365(a)) directs that FEMA ‘‘shall

develop a standard form for

determining, in the case of a loan

secured by improved real estate or a

mobile home, whether the building or

mobile home is located in an area

identified by the Director as an area

having special flood hazards and in

which flood insurance under this title is

available.’’ The purpose of the form is

to determine whether a structure is

located within an identified Special

Flood Hazard Area (SFHA) and whether

flood insurance may be required and is

available. Use of this form will ensure

that required flood insurance coverage

is purchased for buildings located in an

SFHA, and will assist federal entities for

lending regulation in assuring

compliance with these purchase

requirements. The Standard Hazard

Determination (Flood Hazards) form and

accompanying instructions are found

below in Appendix A to Part 65.

3. Appendix A to Part 65 is added at

the end of Part 65 as follows:

Appendix A to Part 65—Federal

Emergency Management Agency,

Standard Hazard Determination (Flood

Hazards) Form and Instructions.

BILLING CODE 6718–03–P
17760 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules

BILLING CODE 6718–03–C
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Proposed Rules 17761

Standard Hazard Determination (Flood

Hazards) Instructions

Section I

2. Lender ID. No.: FDIC-ensured lenders

should indicate their FDIC Insurance

Certificate Number; Federally-insured credit

unions should indicate their charter/

insurance number; Farm Credit institutions

should indicate their UNINUM number.

5. The lender should attach legal property

description only if space provided is

insufficient. Describe the property in

sufficient detail to locate the specific

building or mobile home accurately; a postal

address in a rural area may be sufficient.

Section II

A. Determination: Self-explanatory.

B. Community Jurisdiction. The 6-digit

National Flood Insurance Program (NFIP)

community number can be determined by

consulting the NFIP Community Status Book

or can be found on the NFIP map; copies of

either can be obtained by calling 1–800–xxx–

xxxx. For areas that may have been annexed

by one community but are shown on another

community’s NFIP map, the Community

Number for the community with land-use

jurisdiction over the area should be used.

C. NFIP Data Affecting Building/Mobile

Home. The information in this section

(excluding the LOMA/LOMR information) is

obtained by reviewing the NFIP map on

which the building/mobile home is located.

If no NFIP map exists, check the box under

‘‘No NFIP Map’’.

NFIP Maps. The current NFIP map, and a

pamphlet titled ‘‘Guide to Flood Maps’’

(FEMA–258) may be obtained by calling 1–

800–xxx–xxxx.

LOMAs and LOMRs. If a Letter of Map

Amendment (LOMA) or Letter of Map

Revision (LOMR) has been issued by FEMA

since the current Map Panel Effective/

Revised Date that revises the flood hazards

affecting the building or mobile home, check

‘‘yes’’ and specify the date of the letter;

otherwise, check ‘‘no’’. Information on

LOMAs and LOMRs is available from the

following sources:

1. The community’s official copy of its

NFIP map should have a copy of all

subsequently-issued LOMAs and LOMRs

attached to it.

2. For LOMAs and LOMRs issued on or

after October 1, 1994, FEMA publishes a list

of these letters twice a year as a compendium

in the Federal Register; a subscription

service providing actual copies of these

letters semi-monthly is also available. To

inquire about these two services, all 1–800–

xxx–xxxx.

3. Information about most LOMAs and

LOMRs issued since 1983 nationwide is

contained in FEMA’s Community

Information System. An electronic listing

may be requested, and may be limited to

specific communities or states, if desired. For

information on this service, call 1–800–xxx–

xxxx.

D. Federal Flood Insurance Availability. To

obtain Federal flood insurance, provide a

copy of this completed form to an insurance

agent. Federal flood insurance is available to

all residents of a community that participates

in the NFIP. Community participation status

can be determined by consulting the NFIP

Community Status Book. Federal flood

insurance is prohibited in designed Coastal

Barrier Resources Areas (CBRAs) for

buildings or mobile homes built or

substantially improved after the date of the

CBRA designation. An information sheet

explaining CBRAs may be obtained by calling

1–800–xxx–xxxx.

E. Comments. This form only requires a

determination regarding a single building’s or

mobile home’s relation to a specific Flood

Hazard Area. If the person making the

determination wishes to add additional

information regarding flood hazards (such as

the property’s location with respect to

floodways, etc.), he or she may do here.

F. Preparer’s Information. Self-explanatory.

Other Information

Multiple Buildings. Use a separate form for

each building or mobile home. A separate

flood insurance policy is required for each

building or mobile home.

Guarantees regarding information.

Determinations on this form made by persons

other than the lender are acceptable only to

the extent that the accuracy of the

information is guaranteed.

Dated: March 30, 1995.

Richard T. Moore,

Associate Director for Mitigation.

[FR Doc. 95–8343 Filed 4–6–95; 8:45 am]

BILLING CODE 6718–03–P

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

45 CFR Part 2544

Solicitation and Acceptance of

Donated Property and Services

AGENCY: Corporation for National and

Community Service.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Corporation for National

Service (the Corporation) is issuing

uniform rules and regulations regarding

the solicitation and acceptance or

rejection of property and services.

Pursuant to the National and

Community Service Act of 1990, as

amended, the Corporation has the

authority to solicit and accept

donations. The Corporation is adopting

these rules and regulations to eliminate

the possibility of confusion for

individuals who wish to donate

property or services to the Corporation.

In addition, the Corporation wants to

insure that no situations arise involving

a real or apparent conflict of interest

with respect to a donation or an

individual or group who offers a

donation.

DATES: Comments on the proposed

regulations must be received no later

than May 8, 1995.

ADDRESSES: All comments concerning

these proposed regulations should be

addressed to Stewart Davis, Office of the

General Counsel, The Corporation for

National Service, 1201 New York Ave.,

N.W., Washington D.C., 20525

FOR FURTHER INFORMATION CONTACT:

Stewart Davis, Office of the General

Counsel, The Corporation for National

Service, 1201 New York Ave., N.W.,

Washington D.C., 20525. (202) 606–5000

x. 265.

SUPPLEMENTARY INFORMATION:

Invitation to Comment

The Corporation invites written

comments on the text of the proposed

regulations and requests that the

comments identify the specific

regulatory provisions to which they

relate.

Miscellaneous Requirements

The Corporation has determined that

this is not a ‘‘significant regulatory

action’’ within the meaning of Executive

Order 12866 and accordingly this rule

has not been reviewed by the Office of

Management and Budget. This rule will

not have a substantial impact on a

significant number of small entities,

thus a regulatory flexibility analysis has

not been prepared pursuant to the

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

et seq. Because this rule does not

involve collection of information or

impose record keeping requirements,

the Paperwork Reduction Act of 1980

does not apply. The agency has

determined that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment pursuant to Executive Order

12612. In addition, the Agency has

determined that implementation of this

action will not have any significant

impact on the quality of the human

environment pursuant to the National

Environmental Policy Act.

List of Subjects in 45 CFR Part 2544

Administrative practice and

procedure, Gifts to government,

Government property.

Dated: April 3, 1995.

Terry Russell,

General Counsel, Corporation for National

Service.

Accordingly, as set forth in the

preamble, the Corporation proposes to

amend title 45, chapter XXV of the Code

of Federal Regulations by adding part

2544 to read as follows: