Title 44 CFR 65.16

§ 65.15

44 CFR Ch. I (10–1–11 Edition)

(2) After the improvements have been
completed, certified by a Federal agency as providing base flood protection,
and reviewed by FEMA, FEMA will revise the FIRM to reflect the completed
flood control system.
(3) A community that receives no
Federal funds for the purpose of constructing the restoration project must
provide written evidence that the restored flood protection system meets
the requirements of Part 65. A community that receives no Federal funds for
the purpose of constructing the restoration project is not eligible for a
finding of adequate progress under
§ 61.12.
(4) After the improvements have been
completed and reviewed by FEMA,
FEMA will revise the FIRM to reflect
the completed flood protection system.
(i) Procedures for removing flood control restoration zone designation due to
non-compliance with the restoration
schedule or as a result of a finding that
satisfactory progress is not being made to
complete the restoration. At any time
during the restoration period, should
the Federal Insurance Administrator
determine that the restoration will not
be completed in accordance with the
time frame specified in the restoration
plan, or that satisfactory progress is
not being made to restore the flood
protection system to provide complete
flood protection in accordance with the
restoration plan, the Federal Insurance
Administrator shall notify the community and the responsible Federal agency, in writing, of the determination,
the reasons for that determination, and
that the FIRM will be revised to remove the flood control restoration zone
designation. Within thirty (30) days of
such notice, the community may submit written information that provides
assurance that the restoration will be
completed in accordance with the time
frame specified in the restoration plan,
or that satisfactory progress is being
made to restore complete protection in
accordance with the restoration plan,
or that, with reasonable certainty, the
restoration will be completed within
the maximum allowable restoration period. On the basis of this information
the Federal Insurance Administrator
may suspend the decision to revise the
FIRM to remove the flood control res-

toration zone designation. If the community does not submit any information, or if, based on a review of the information submitted, there is sufficient cause to find that the restoration
will not be completed as provided for in
the restoration plan, the Federal Insurance Administrator shall revise the
FIRM, in accordance with 44 CFR Part
67, and shall remove the flood control
restoration zone designations and shall
redesignate those areas as Zone A1–30,
AE, AH, AO, or A.
[62 FR 55717, Oct. 27, 1997]

§ 65.15 List of communities submitting
new technical data.
This section provides a cumulative
list of communities where modifications of the base flood elevation determinations have been made because of
submission of new scientific or technical data. Due to the need for expediting the modifications, the revised
map is already in effect and the appeal
period commences on or about the effective date of the modified map. An
interim rule, followed by a final rule,
will list the revised map effective date,
local repository and the name and address of the Chief Executive Officer of
the community. The map(s) is (are) effective for both flood plain management and insurance purposes.
[51 FR 30317, Aug. 25, 1986. Redesignated at 53
FR 16279, May 6, 1988, and further redesignated at 54 FR 33551, Aug. 15, 1989. Redesignated at 59 FR 53599, Oct. 25, 1994]
EDITORIAL NOTE: For references to FR
pages showing lists of eligible communities,
see the List of CFR Sections Affected, which
appears in the Finding Aids section of the
printed volume and at www.fdsys.gov.

§ 65.16 Standard Flood Hazard Determination Form and Instructions.
(a) Section 528 of the National Flood
Insurance Reform Act of 1994 (42 U.S.C.
1365(a)) directs FEMA to 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 building or mobile home is located within

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Federal Emergency Management Agency, DHS
an identified Special Flood Hazard
Area (SFHA), whether flood insurance
is required, and whether federal flood
insurance is available. Use of this form
will ensure that required flood insurance coverage is purchased for structures located in an SFHA, and will assist federal entities for lending regulation in assuring compliance with these
purchase requirements.
(b) The form is available by written
request to Federal Emergency Management Agency, PO Box 2012, Jessup, MD
20794; ask for the Standard Flood Hazard Determination form. It is also
available by fax-on-demand; call (202)
646–3362, form #23103. Finally, the form
is available through the Internet at
http://www.fema.gov/nfip/mpurfi.htm.
[63 FR 27857, May 21, 1998]

§ 65.17

Review of determinations.

This section describes the procedures
that shall be followed and the types of
information required by FEMA to review a determination of whether a
building or manufactured home is located within an identified Special
Flood Hazard Area (SFHA).
(a) General conditions. The borrower
and lender of a loan secured by improved real estate or a manufactured
home may jointly request that FEMA
review a determination that the building or manufactured home is located in
an identified SFHA. Such a request
must be submitted within 45 days of
the lender’s notification to the borrower that the building or manufactured home is in the SFHA and that
flood insurance is required. Such a request must be submitted jointly by the
lender and the borrower and shall include the required fee and technical information related to the building or
manufactured home. Elevation data
will not be considered under the procedures described in this section.
(b) Data and other requirements. Items
required for FEMA’s review of a determination shall include the following:
(1) Payment of the required fee by
check or money order, in U.S. funds,
payable to the National Flood Insurance Program;
(2) A request for FEMA’s review of
the determination, signed by both the
borrower and the lender;

§ 65.17

(3) A copy of the lender’s notification
to the borrower that the building or
manufactured home is in an SFHA and
that flood insurance is required (the request for review of the determination
must be postmarked within 45 days of
borrower notification);
(4) A completed Standard Flood Hazard Determination Form for the building or manufactured home, together
with a legible hard copy of all technical data used in making the determination; and
(5) A copy of the effective NFIP map
(Flood Hazard Boundary Map (FHBM)
or Flood Insurance Rate Map (FIRM))
panel for the community in which the
building or manufactured home is located, with the building or manufactured home location indicated. Portions of the map panel may be submitted but shall include the area of the
building or manufactured home in
question together with the map panel
title block, including effective date,
bar scale, and north arrow.
(c) Review and response by FEMA.
Within 45 days after receipt of a request to review a determination,
FEMA will notify the applicants in
writing of one of the following:
(1) Request submitted more than 45
days after borrower notification; no review will be performed and all materials are being returned;
(2) Insufficient information was received to review the determination;
therefore, the determination stands
until a complete submittal is received;
or
(3) The results of FEMA’s review of
the determination, which shall include
the following:
(i) The name of the NFIP community
in which the building or manufactured
home is located;
(ii) The property address or other
identification of the building or manufactured home to which the determination applies;
(iii) The NFIP map panel number and
effective date upon which the determination is based;
(iv) A statement indicating whether
the building or manufactured home is
within the Special Flood Hazard Area;
(v) The time frame during which the
determination is effective.
[60 FR 62218, Dec. 5, 1995]

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