Summary of Appendix B Changes Affected Sample Document(s) Description of Change General Revised the signature block for the Chief of the Hazard Identification Section to read as follows: William R. Blanton, Jr., CFM, Acting Chief Engineering Management Section Mitigation Division General Removed the standard language regarding the Project Impact initiative in the final determination letters (102-series letters) for LOMRs. (See Item 1a above.) General Removed “Chron File” from the bcc block of all letters. General Changed the Fee-Charge System Administrator address for U.S. Mail to the following in all affected letters: Federal Emergency Management Agency Fee-Charge System Administrator P.O. Box 22787 Alexandria, VA 22304 General Changed the Fee-Charge System Administrator address for Overnight Mail to the following in all affected letters: Federal Emergency Management Agency Fee-Charge System Administrator 3601 Eisenhower Avenue Alexandria, VA 22304 102-Series Letters • Deleted these letters, which have been replaced by “determination documents.” 104 Letter • Revised the standard language to reference the fee schedule that became effective on November 1, 2005, and the current MT-2 forms. • Deleted the following bulleted item: “Certification that all fill placed in the currently effective base floodplain and below the proposed base flood elevation is compacted to 95 percent of the maximum density obtainable with the Standard Proctor Test method issued by the American Society for Testing and Materials (ASTM Standard D-698) or an acceptable equivalent method for all areas to be removed from the base floodplain.” • Deleted the following bulleted item: “A letter stating that the community will adopt and enforce the modified regulatory floodway, OR, if the State has jurisdiction over either the regulatory floodway or its adoption by your community, a copy of your community's letter to the appropriate State agency notifying it of the modification to the regulatory floodway and a copy of a letter from that agency stating its approval of the modification.” 105b Document • Revised the first sentence of the fourth paragraph to read as follows: “Under the above-mentioned Acts of 1968 and 1973, FEMA, now included within the of the U.S. Department of Homeland Security, must develop criteria for floodplain management.” • Revised the “FOR FURTHER INFORMATION CONTACT” information to read as follows: “William R. Blanton, Jr., Engineering Management Section, Mitigation Division, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov.” • Added the following at the end of the document: “[INCLUDE FOLLOWING PARAGRAPH WHEN BFES ARE NOT CITED IN NEWSPAPER NOTICE] Interested parties may view the modified BFEs for the affected flooding source(s) by visiting the following page on the FEMA Flood Hazard Mapping Web site: _________________ Interested parties also may acquire a hard copy of the modified BFEs by contacting the Community Map Repository.” 105c Document • Revised the “FOR FURTHER INFORMATION CONTACT” information to read as follows: “William R. Blanton, Jr., Engineering Management Section, Mitigation Division, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-3151 or (e-mail) bill.blanton@dhs.gov.” Summary of Appendix B Changes Affected Sample Document(s) Description of Change 105c Document • Revised the first sentence in the “Regulatory Flexibility Act” portion of this Interim Rule to read as follows: “The Mitigation Division Director certifies that this Interim Rule is exempt from the requirements of the Regulatory Flexibility Act because modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP.” 153-L Letter Replaced the second paragraph with the following paragraphs to cover LOMRs that become effective after the 90-day appeal period is over: “[USE FOLLOWING PARAGRAPH FOR LOMRs THAT BECAME EFFECTIVE BEFORE APPEAL PERIOD] The modified BFEs are effective as of the date presented in the LOMR. However, within 90 days of the second publication in the (Newspaper Name), any interested party may ask the Federal Emergency Management Agency (FEMA) to reconsider this determination. Any request for reconsideration must be based on scientific or technical data. All interested parties are on notice that, until the 90-day period elapses, the FEMA determination to modify BFEs may itself be modified. [USE FOLLOWING PARAGRAPH FOR LOMRs THAT BECAME EFFECTIVE AFTER APPEAL PERIOD] In the previously referenced LOMR, we informed you that the modified BFEs would become effective on (Effective Date Cited in LOMR). However, because the appeal period was not started as originally scheduled, the modified BFEs will not become effective until (New Effective Date). Within 90 days of the second publication in the (Newspaper Name), any interested party may ask the Federal Emergency Management Agency (FEMA) to reconsider this determination. Any request for reconsideration must be based on scientific or technical data. All interested parties are on notice that, until the 90-day period elapses, the FEMA determination to modify BFEs may itself be modified.” 159 Document Revised the first sentence in the “Regulatory Flexibility Act” portion of this Final Rule to read as follows: “The Mitigation Division Director certifies that this Final Rule is exempt from the requirements of the Regulatory Flexibility Act because modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP.” 175-A(L) and 175-P(L) Added acknowledgment letters for appeals and protests of LOMR determinations. 316- and 317-Series Letters Revised the appropriate paragraphs to reflect the fee schedule for conditional and final map revisions that became effective on November 1, 2005. 316-Series Letters Revised the last paragraph to read as follows: “If you write to us about your request, please include the case number shown above in your letter. If you have any general questions about your request, Federal Emergency Management Agency (FEMA) policy, or the National Flood Insurance Program, please call the FEMA Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). If you have specific questions concerning your request, please call the Revisions Coordinator for your State, (NSP Revision Coordinator’s Name), who may be reached at (NSP Revision Coordinator’s Telephone Number).” 316-ACK Letter Added a new letter to replace the 316-ACK.FRQ and 316-ACK.FEX letters. 316-AD Letter • Revised the first paragraph to read as follows: “[USE THE FOLLOWING PARAGRAPH WHEN RESPONDING TO INITIAL SUBMITTAL] This responds to your request dated (Date of Requester's Letter), that the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issue a [conditional ] revision to the Flood Insurance Rate Map (FIRM) [ and Flood Boundary and Floodway Map (FBFM) ] for [ the above-referenced community(ies) / (Name of County), (Name of State), and Incorporated Areas]. Pertinent information about the request is listed below.” Summary of Appendix B Changes Affected Sample Document(s) Description of Change 316-AD Letter • Revised the second paragraph to read as follows: [USE THE FOLLOWING PARAGRAPH WHEN RESPONDING TO A FOLLOWUP SUBMITTAL] This is in regard to your (Date of Requester’s Letter), request that the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issue a [Conditional Letter of Map Revision /Letter of Map Revision /revision to the Flood Insurance Rate Map [and Flood Boundary and Floodway Map] for the above- referenced community. Pertinent information about the request is listed below.” 316-AD Letter • Revised the third paragraph to read as follows: “The data required to complete our review, which must be submitted within 90 days of the date of this letter, are listed on the enclosed summary.” • Revised the four paragraph to read as follows: “[USE THE FOLLOWING PARAGRAPH FOR REQUESTS INVOLVING FEES] If we do not receive the required data within 90 days, we will suspend the processing of your request. Any data submitted after 90 days will be treated as an original submittal and will be subject to all submittal/ payment procedures, including the review and processing fee for requests of this type established by the current fee schedule. A copy of the notice summarizing the current fee schedule, which was published in the FEDERAL REGISTER, is enclosed for your information.” • Added a new fifth paragraph to read as follows: “FEMA receives a large volume or requests and cannot maintain inactive requests for an indefinite period of time. Therefore, we are unable to grant extensions for the submission of required data/fee for revision requests. If a requester is informed by letter that additional data are required to complete our review of a request, the data/fee must be submitted within 90 days of the date of the letter. [Any fees already paid will be forfeited for any request for which the requested data are not received within 90 days.]” 316-AD Enclosure Added content that was previously included in the 316-AD letter. 316-AD/INC Added this new letter to acknowledge incomplete followup submittals of data. 316-EXT Added this new letter to acknowledge requests for extensions of deadlines for submitting additional data. 317-PI Letter Revised the second paragraph to read as follows: “In response to your purchase order, dated (Date of Purchase Order), we sent the aforementioned (CLOMR/LOMR/PMR/) to your office. As of this date, the review and processing fees, totaling $(Amount Due), have not been received.” 317-PT Letter Revised the second paragraph to read as follows: “In response to your purchase order, dated (Date of Purchase Order), we sent the aforementioned (CLOMR/LOMR/PMR) to your office. As of this date, the review and processing fees, totaling $(Amount Due), have not been received. Any future requests for map actions submitted by your community will not be processed by this office until these review and processing fees are paid.” CSC LOMR.FORM Changed “flood hazard zone” to “flood insurance risk zone” in the first paragraph. LOMR Cover Letter Added this new letter, which forwards the LOMR determination documents and enclosures. LOMR Determination Document Added this new document, which is generated using software available through the Mapping Information Platform. LOMR 30-Day Suspension (S-30L) Letter Added “State NFIP Coordinator” and “(FEMA Regional Director’s Name), Director, FEMA Region (Region Number)” to the cc: block. LOMR 30-Day Suspension Letter (S-30L) Revised the first paragraph to read as follows: “Please consider this an official reminder that your community has until (FIRM Effective Date), to adopt, and have our Regional Office approve, floodplain management measures that satisfy Paragraph 60.3 [c, d, e, d and e] of the National Flood Insurance Program (NFIP) regulations.” LOMR 30-Day Suspension Letter (S-30L) Revised the second paragraph to read as follows: “I realize that your community may be in the final adoption process, or you may have recently adopted the appropriate measures. If you have not done so, please submit these measures to the Floodplain Management Program at the (Name of State Coordinating Agency) in (City, State Where State Coordinating Agency Located), where they will be reviewed upon receipt. You may contact (State NFIP Coordinator Name), the State NFIP Coordinator, by telephone at (State NFIP Coordinator Telephone Number), by mail at (State NFIP Coordinator Address), or by e-mail at (State NFIP Coordinator E-Mail Address).” LOMR 30-Day Suspension Letter (S-30L) Revised the third paragraph to read as follows: “The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) Regional Office also is available to assist you with adoption of adequate floodplain management measures. Our Regional Office may be contacted by telephone at (RO Telephone Number) or by mail. Send written inquiries to the Director, Flood Insurance and Mitigation Division, FEMA Region (Region Number), (RO Address). As in previous correspondence, I recommend that you contact the State NFIP Coordinator or our Regional Office if your community is encountering difficulties in enacting the appropriate measures.” LOMR 30-Day Suspension Letter (S-30L) Revised the fourth paragraph to read as follows: “The NFIP regulations (copy enclosed) identify certain floodplain management measures for adoption by participating communities. Your community must adopt these measures by (Adoption Date Cited in LOMR), to avoid being suspended from the NFIP on that date. Please note that there is a significant consequence to a community being suspended from participation in the NFIP in that flood insurance may not be sold or renewed within the community.” LOMR 30-Day Suspension Letter (S-30L) Revised the fifth paragraph to read as follows: “It is important to note also that, when a community is suspended from the NFIP, it is subject to the provisions of Section 202(a) of Public Law 93- 234, as amended. This section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan, or grant (in connection with a flood), for acquisition or construction purposes within Special Flood Hazard Areas (SFHAs). The SFHAs are the areas subject to inundation by the base (1- percent-annual-chance, or 100-year) flood. For example, if your community is suspended from participation in the NFIP, mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services would be prohibited. In the case of disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as amended, this prohibition only applies to assistance in connection with a flood.” LOMR 30-Day Suspension Letter (S-30L) Revised the sixth paragraph to read as follows: “Furthermore, Section 202(b) of Public Law 93-234, as amended, requires federally regulated lending institutions to notify the purchaser or lessee of improved real property situated in an SFHA whether Federal disaster assistance will be available when such property is being used to secure a loan that is being made, increased, extended, or renewed.” LOMR 30-Day Suspension Letter (S-30L) Revised the closing paragraph to read as follows: “I recommend that you contact the Floodplain Management Program at the (Name of State Coordinating Agency) or our Regional Office if you need assistance or have any questions. Our Regional Office staff will provide technical assistance and guidance in the development of your community's floodplain management measures. The adoption of compliant floodplain management measures will ensure participation in the NFIP and will provide the citizens in your community protection from disaster.” LOMR 90-Day Suspension (S-90L) Letter Revised the second paragraph to read as follows: “If your community should encounter difficulties in enacting the measures, I recommend that you call the (Name of State Coordinating Agency). You may reach (State NFIP Coordinator Name), the State National Flood Insurance Program (NFIP) Coordinator, by telephone at (State NFIP Coordinator Telephone Number), by mail at (State NFIP Coordinator Address), or by e-mail at (State NFIP Coordinator E-Mail Address).” LOMR 90-Day Suspension (S-90L) Letter Revised the third paragraph to read as follows: “Our Regional Office staff also is available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for your community and will ensure participation in the NFIP. The address of the Regional Office is Federal Emergency Management Agency, Flood Insurance and Mitigation Division, (RO Address). The Director of the Flood Insurance and Mitigation Division may be reached by calling (RO Telephone Number).” LOMR 90-Day Suspension (S-90L) Letter Revised the third paragraph to read as follows: “Our Regional Office staff also is available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for your community and will ensure participation in the NFIP. The address of the Regional Office is Federal Emergency Management Agency, Flood Insurance and Mitigation Division, (RO Address). The Director of the Flood Insurance and Mitigation Division may be reached by calling (RO Telephone Number).” LOMR 90-Day Suspension (S-90L) Letter Revised the last paragraph to read as follows: “I recommend that you submit your community's floodplain management measures and have them approved by our regional staff by the LOMR effective date to avoid suspension from the NFIP.” LOMR 90-Day Suspension (S-90L) Letters Added “State NFIP Coordinator” and “(FEMA Regional Director’s Name), Director, FEMA Region (Region Number)” to the cc: block. Reinstatement Letter Replaced the existing first paragraph with the following: “Based on our review of the floodplain management measures for the (Full Community Name), which were submitted to meet the requirements of Paragraph 60.3([c, d, e, d and e]) of the National Flood Insurance Program (NFIP) regulations, we find that they satisfactorily meet the program requirements at this time. On the basis of our acceptance of your submission and pursuant to Section 59.24 of these regulations, the (Full Community Name)’s eligibility is reinstated effective (Effective Date of Reinstatement).” Reinstatement Letter Replaced the existing second paragraph with the following: “There is a 30-day waiting period before any newly purchased flood insurance policy takes effect, or any additional coverage or endorsement which increases policy limits. The waiting period ends and the policy takes effect at 12:01 a.m. on the 30th calendar day after the insurance policy application date and the payment of premium.” Summary of Appendix B Changes Affected Sample Document(s) Description of Change Reinstatement Letter Replaced the existing third paragraph with the following: “There are 10 exceptions to the 30-day waiting period. The two most common exceptions are described here for your information. First, when the initial purchase of flood insurance is in connection with making, increasing, extending, or renewing a loan, there is no waiting period and coverage is effective immediately. Second, when the purchase of the flood insurance is related to the revision of an NFIP flood map, there is a 1-day waiting period. This means that flood insurance coverage is effective at 12:01 a.m. on the day after the coverage is purchased for a building where the flood map is revised and shows the building to be in a Special Flood Hazard Area (SFHA) when it had not been in an SFHA prior to the map revision. The SFHA is the area subject to inundation by the base (1- percent-annual-chance, or 100-year) flood. This exception is limited to a 13-month period that starts on the date we issue the revised map. Information concerning the remaining exceptions is detailed in the enclosed "Policy Issuance 5-98," dated October 1, 1998, issued by the NFIP.” Reinstatement Letter Revised the fourth paragraph to read as follows: “The Flood Insurance Rate Map (FIRM), which shows the Base Flood Elevations (BFEs) established for your community, became effective on (FIRM Effective Date). This date indicates the effective date for the authorization of the sale of first- and second-layer flood insurance coverage at actuarial rates for all new construction and substantial improvements to existing structures within your community. First-layer coverage on structures built before (FIRM Effective Date), will continue to be made available at subsidized rates, unless substantial improvements are made to the structures.” Reinstatement Letter Replaced the existing fifth paragraph with the following: “The cost for flood insurance on a structure will decrease the higher the structure’s first floor is above the BFEs established for your community will have higher flood insurance premiums than structures with first floors above the BFEs. In addition, on the effective date of the FIRM, the FIRM supersedes all previous maps for the purpose of determining whether individual properties are located inside or outside the SFHA. After the effective date of the FIRM, new construction will be charged actuarial rates that may be higher if the construction is not built in compliance with the floodplain management requirements of the NFIP.” Summary of Appendix B Changes Affected Sample Document(s) Description of Change Reinstatement Letter Replaced the existing sixth paragraph with the following: “We believe the effective administration and enforcement of your adopted floodplain management regulations will enable your community to substantially reduce its future flood losses through the wise management of its floodplains. You should keep us advised, through your biennial report, of any problems associated with the administration of these regulations and of any variances granted for construction not in accordance with the adopted standards.” Reinstatement Letter Replaced the existing closing paragraph with the following: “Should you require further assistance or information, I recommend that you contact (State NFIP Coordinator’s Name), the State NFIP Coordinator. [Mr./ Ms.] (State NFIP Coordinator’s Surname) can assist you with any questions you may have and can be reached by telephone at (State NFIP Coordinator’s Telephone Number), by mail at (State NFIP Coordinator’s Address), or by email at (State NFIP Coordinator’s E- Mail Address). Our Regional Office staff in (RO City and State), is also available to assist you. Our Regional Office can be reached by telephone at (RO Telephone), or by mail. Send inquiries to the Director, Flood Insurance and Mitigation Division, Federal Emergency Management Agency, (RO Mailing Address). Reinstatement Letter Added an “Enclosure” line and referenced “Policy Issuance 5-98” below it.