[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Notices]
[Pages 16734-16735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8466]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Agency Information Collection Activities: Proposed Collection; 
Comment Request

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency, as part of its 
continuing effort to reduce paperwork and respondent burden, invites 
the general public and other Federal agencies to take this opportunity 
to comment on proposed revised information collections. In accordance 
with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), 
this notice seeks comments concerning the Elevation Certificate and the 
Floodproofing Certificate. The certificates are required by the NFIP to 
certify the elevations of buildings, so that the policy can be properly 
rated. It also provides documentation to verify the community's 
enforcement of building ordinances, which is important to the NFIP 
mitigation and floodplain management activities.

SUPPLEMENTARY INFORMATION. The NFIP is authorized by Public Law 90-448 
(1968) and expanded by Public Law 93-234 (1973). The National Flood 
Insurance Act of 1968 requires that the Federal Emergency Management 
Agency (FEMA) provide flood insurance at full actuarial rates 
reflecting the complete flood risk to structures built or substantially 
improved on or after the effective date, for the initial Flood 
Insurance Rate Map (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. In accordance with Public Law 93-234, the 
purchase of flood insurance is mandatory when Federal or federally 
related financial assistance is being provided for acquisition or 
construction of buildings located, or to be located, within FEMA-
identified special flood hazard areas of communities that are 
participating in the NFIP.
    The NFIP regulations require the elevation or floodproofing of 
newly constructed structures in designated special flood hazard areas. 
As part of the agreement for making flood insurance available in a 
community, the NFIP requires the community to adopt a floodplain 
management ordinance containing certain minimum requirements intended 
to reduce future flood losses. One such requirement is that the 
community obtain the elevation of the lowest floor (including basement) 
of all new and substantially improved

[[Page 16735]]

structures, and maintain a record of all such information. The data may 
be generated and retained as part of the community's permit issuance 
and building inspection processes. The Elevation Certificate is one 
convenient way for a community to comply with this requirement. The 
Floodproofing Certificate may similarly be used to establish the 
required record in those instances when floodproofing for non-
residential structures is a permitted practice.
    In the past several years, FEMA has collected feedback from users 
of the Elevation Certificate form requesting minor changes and 
clarifications. These changes include better description of structure 
being certified; expanding ``Section B--Flood Insurance Rate Map 
Information'' to include critical map information; improving 
Instructions Section and simplifying the existing Building Diagrams; 
and clarifying the certification section to reduce the liability risk 
on the surveyors and professional engineers.

Collection of Information

    Title: Post Construction Elevation Certificate/Floodproofing 
Certificate.
    Type of Information Collection: Revision of a currently approved 
collection.
    OMB Number: 3067-0077.
    Form Numbers: FEMA Form 81-31, Elevation Certificate; FEMA Form 81-
65, Floodproofing Certificate for Non-Residential Structures.
    Abstract: The Elevation Certificate and Floodproofing Certificate 
are adjuncts to the application for flood insurance. The certificates 
are required for proper rating of post-Flood Insurance Rate Map (FIRM) 
structures, which are buildings constructed after publication of the 
FIRM, for flood insurance in Special Flood Hazard Areas. In addition, 
the Elevation Certificate is needed for pre-FIRM structures being rated 
under post-FIRM flood insurance rules. The certificates provide 
community officials and others, with standardized documents that are 
readily needed.
    The certificates are supplied to insurance agents, community 
officials, surveyors, engineers, architects, and NFIP policyholders/
applicants. The community officials or other professionals provide the 
elevation data required to document conformance with floodplain 
management regulations and for the applicants so that actuarial 
insurance rates can be charged. The elevation data is transmitted to 
the NFIP by the insurance applicant or agent with the appropriate NFIP 
policy forms.
    The data is also used to assist FEMA in measuring the effectiveness 
of the NFIP regulations in eliminating or decreasing damage caused by 
flooding and the appropriateness of the NFIP premium charges for 
insuring property against the flood hazard.
    Affected Public: Individuals and households, Businesses or other 
for-profit, Not-for-profit institutions, Farms, and State, local or 
tribal governments.
    Estimated Total Annual Burden Hours: 166,362.

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                                                                     Number of
                           FEMA forms                               respondents      Hours per     Annual burden
                                                                        (A)        response  (B)  hours  (A x B)
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81-31...........................................................          73,000            2.25         164,250
81-65...........................................................             650            3.25           2,112
                                                                 -----------------------------------------------
    Total.......................................................          73,650  ..............         166,362
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    Estimated Cost: The average cost is estimated to be a fee of $125-
$200 charged to the applicant by the private sector professional 
completing the Elevation or Floodproofing Certificates. Total annual 
costs could range from $9,206,250 to $14,730,000 (i.e., 73,650 
respondents  x  $125 per respondent = $9,206,250 to 73,650 respondents 
x  $200 per respondent = $14,730,000.) Although the average is 
estimated to range from $125 to $200 per certificate, the actual cost 
for a given certificate may vary by region and location. In many cases, 
the Certificates will be available at no cost as a normal product of 
the community's construction and local permitting processes.
    The cost to the Federal government for developing/revising the 
Elevation Certificate and Floodproofing Certificate is estimated to 
total $50,000. There is no independent dollar cost to the Federal 
government to develop, process, analyze and maintain this information 
since it is submitted by the applicant for flood insurance, along with 
the applicant's application.

COMMENTS: Written comments are solicited to (a) evaluate whether the 
proposed data collection is necessary for the proper performance of the 
agency, including whether the information shall have practical utility; 
(b) evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) enhance the quality, utility, and 
clarity of the information to be collected; and (d) minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology; e.g., permitting electronic submission of responses. 
Comments should be received within 60 days of the date of this notice.

ADDRESSES: Interested persons should submit written comments to Muriel 
B. Anderson, FEMA Information Collections Officer, Federal Emergency 
Management Agency, 500 C Street, SW, Room 316, Washington, DC 20472. 
Telephone number (202) 646-2625. FAX number (202) 646-3524 or email 
[email protected].

FOR FURTHER INFORMATION CONTACT: Contact Jhun de la Cruz, Insurance 
Examiner, Federal Insurance Administration, (202) 646-2650 for 
additional information. Contact Ms. Anderson at (202) 646-2625 or email 
[email protected] for copies of the proposed collection of 
information.

    Dated: March 26, 1999.
Reginald Trujillo,
Director, Program Services Division, Operations Support Directorate.
[FR Doc. 99-8466 Filed 4-5-99; 8:45 am]
BILLING CODE 6718-01-P