Agency Information Collection Activities: Proposed Collection; Comment Request, 70868-70873 [05-23135]
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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 Chief,
Records Management Section,
Information Resources Management
Branch, Information Technology
Services Division, Federal Emergency
Management Agency, Department of
Homeland Security, 500 C Street, SW.,
Room 316, Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT:
Contact Gayle Kelch, Statistician,
United States Fire Administration,
National Fire Data Center (301) 447–
1154 for additional information. You
may contact the Records Management
Branch for copies of the proposed
collection of information at facsimile
number (202) 646–3347 or e-mail
address: FEMA-InformationCollections@dhs.gov.
Dated: November 15, 2005.
Darcy Bingham,
Branch Chief, Information Resources
Management Branch, Information
Technology Services Division.
[FR Doc. 05–23134 Filed 11–22–05; 8:45 am]
BILLING CODE 9110–17–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Federal Emergency
Management Agency, U.S. Department
of Homeland Security.
ACTION: Notice and request for
comments.
AGENCY:
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 revision of a
currently approved information
collection. In accordance with the
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Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)), this notice seeks
comments concerning the community
inspection report, which is the subject
of this information collection
submission. The community inspection
report will be used in the
implementation of the inspection
procedure in the Monroe County, the
City of Marathon, and the Village of
Islamorada, Florida and any other
community that incorporates in Monroe
County on or after January 1, 1999. The
inspection procedure has two major
purposes: (1) To help the communities
of Monroe County, City of Marathon, the
Village of Islamorada, Florida, and any
other communities in Monroe County
that incorporate after January 1, 1999
verify that structures in their
communities (those built after the
effective date of the Flood Insurance
Rate Map (FIRM), referred to as PostFIRM) comply with the community’s
floodplain management ordinance; and
(2) to ensure that property owners pay
flood insurance premiums
commensurate with their flood risk.
SUPPLEMENTARY INFORMATION: The
community inspection report, which is
the subject of this information collection
submission, will be used in the
implementation of the inspection
procedure in the Monroe County, the
City of Marathon, and the Village of
Islamorada, Florida and any other
community that incorporates in Monroe
County on or after January 1, 1999. The
inspection procedure has two major
purposes: (1) To help the communities
of Monroe County, City of Marathon, the
Village of Islamorada, Florida, and any
other communities in Monroe County
that incorporate after January 1, 1999
verify that structures in their
communities (those built after the
effective date of the Flood Insurance
Rate Map (FIRM), referred to as PostFIRM) comply with the community’s
floodplain management ordinance; and
(2) to ensure that property owners pay
flood insurance premiums
commensurate with their flood risk.
The National Flood Insurance
Program (NFIP) was established by the
National Flood Insurance Act of 1968
(Pub. L. 90–448), as amended. The
Flood Disaster Protection Act of 1973
(Pub. L. 93–234) and the National Flood
Insurance Reform Act of 1994 (Pub. L.
103–325) made significant changes to
the program. The primary purposes of
the NFIP are to: (1) Better indemnify
individuals for flood losses through
insurance; (2) reduce future flood
damages through state and community
floodplain management regulations; and
(3) reduce federal expenditures for
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disaster assistance and flood control.
The NFIP makes Federally-backed flood
insurance coverage available only in
those communities that adopt and
enforce a floodplain management
ordinance to regulate new development
in flood hazard areas. Over 19,000
communities participate in the NFIP.
The concept behind the program is
that the communities would join the
NFIP to make their citizens eligible to
purchase subsidized flood insurance for
existing buildings. It was recognized
that insurance for many of these
buildings would be prohibitively
expensive if the premium were not
subsidized. It was also recognized that
most of these flood prone buildings
were built by individuals that did not
have sufficient knowledge of the hazard
to make informed decisions.
In exchange for the availability of this
subsidized insurance, communities
would protect new construction through
adoption and enforcement of
community floodplain management
ordinances. Owners of these new
buildings (those built after the Federal
Emergency Management Agency
(FEMA) had identified flood hazards in
the community) would pay actuarial
rates for flood insurance that fully
reflect the risk to the building.
Community floodplain management
regulations require that residential
buildings be elevated to or above the
elevation of the base flood (the flood
that has a 1 percent chance of occurring
during any given year, also known as
the 100-year flood). Non-residential
buildings can either be elevated or flood
proofed (made watertight) to the base
flood. Without community oversight of
building activities and development in
the floodplain, the best efforts of some
to reduce flood losses could be
undermined or destroyed by the careless
building of others. Community
enforcement of a floodplain
management ordinance is critical in
protecting a building from future flood
damages, in reducing taxpayer funded
disaster assistance, and also in keeping
flood insurance rates affordable.
The purpose of the inspection
procedures is to require owners of
insured buildings (policyholders) to
obtain an inspection from community
floodplain management officials and
submit a community inspection report
as a condition of renewing the Standard
Flood Insurance Policy (SFIP) on the
building. The community inspection
report, which is the subject of this
information collection submission, will
materially assist in reducing the number
of buildings at risk to flood losses. The
inspection procedure has two major
purposes: (1) To help the pilot
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communities for this inspection
procedure, Monroe County, City of
Marathon, and the Village of
Islamorada, Florida, and any
community that incorporates after
January 1, 1999 verify that structures in
their communities (those built after the
effective date of the FIRM, or postFIRM) comply with the community’s
floodplain management ordinance; and
(2) to ensure that property owners pay
flood insurance premiums
commensurate with their flood risk.
Post-FIRM construction is charged an
actuarial rate that must fully reflect the
risk of flooding. The community
inspection report will be needed to
effectively implement the inspection
procedure. The community inspection
report will be used to document
whether the insured building is in
compliance with the community’s
floodplain management ordinance. The
inspection report will also assist FEMA
to ensure that property owners are
paying flood insurance premiums
commensurate with their flood risk.
Under the NFIP Floodplain
Management Regulations at 44 CFR
60.3, all new construction and
substantial improvements of structures
in A Zones on the community’s FIRM
must have any enclosed areas below the
lowest floor of an elevated building
designed to include openings to
equalize hydrostatic flood pressure on
exterior walls by allowing for the
automatic entry and exit of floodwaters.
In V Zones, new construction and
substantial improvements must have the
space below the lowest floor either free
of obstruction or constructed with open
wood lattice-work, insect screening, or
non-supporting breakaway walls,
intended to collapse under wind and
water loads without causing collapse,
displacement, or other structural
damage to the elevated portion of the
building or supporting foundation
system. In both A and V Zones on the
community’s FIRM, the area below the
lowest floor of an elevated building can
only be used for parking of vehicles,
building access, or storage.
In addition, owners must build the
area below the lowest floor of an
elevated building using flood resistant
materials and must use construction
methods and practices that minimize
flood damages. Owners must also build
with electrical, ventilation, plumbing,
and air conditioning equipment and
other service facilities that are designed
or located so as to prevent water from
entering or accumulating within the
components during conditions of
flooding.
FEMA conducted a Community
Assistance Visit (CAV) in Monroe
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County, Florida, in 1982, 1987, and in
1995. The purpose of a CAV is to assess
an NFIP community’s floodplain
management program and to provide
whatever assistance the community
needs to administer its floodplain
management ordinance effectively when
program deficiencies or violations are
identified. One of the more serious
problems that FEMA identified through
the CAVs was the apparent widespread
use of the enclosed area below the
lowest floor of elevated buildings for
uses other than parking of vehicles,
building access, or storage. Follow-up
contacts with Monroe County had
indicated that it was unable to identify
possible violations and remedy
violations identified.
There are several factors that have
limited Monroe County’s ability to
determine whether a building with an
enclosure complies with the county’s
floodplain management ordinance: (1) A
provision in Florida laws exempts
‘‘owner-occupied family residences’’
from the administrative warrant
inspection procedure provided under
State law for identifying building-safety
issues. Under Florida State law, entry by
local officials into owner-occupied
single family homes without consent of
the owner requires a search warrant,
which is extremely difficult to obtain.
(2) It is often difficult from the street to
determine whether the enclosed area
below an elevated building contains
uses other than parking of vehicles,
building access, or storage. Although the
County can seek consent and approval
of the owner to inspect their property,
the community has had limited success
in identifying violations using this
method. (3) The volume of possible
violations is also a contributing factor in
the community’s ability to address this
problem. Monroe County estimated that
there are several thousand buildings
with illegal enclosures below the lowest
floor of an elevated building.
Consequently, the community has had
little success in identifying possible
violations so that it could then require
actions to remedy the violations to the
maximum extent possible.
Given these circumstances, Monroe
County indicated its interest in
participating in an inspection
procedure. In January 1997, a Monroe
County Citizen’s Task Force, which was
appointed by the Monroe County Board
of County Commissioners to address the
issue of illegal enclosures below the
lowest floor of an elevated building,
recommended establishment of a
procedure to require an inspection and
a compliance report prior to the renewal
of a flood insurance policy. On June 11,
1998, the Board of County
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Commissioners of Monroe County,
Florida, passed a resolution that
requested FEMA to establish an
inspection procedure for the County as
a means of verifying that insured
buildings in the Special Flood Hazard
Area under the NFIP comply with the
County’s floodplain management
ordinance.
The Village of Islamorada
incorporated as a separate community
within Monroe County in January 1998
and became a separate participating
NFIP community on October 1, 1998.
The Village of Islamorada encompasses
four of the Florida Keys that would have
been included as part of the inspection
procedure in Monroe County. Because
of possible illegal enclosures in the
Village of Islamorada, the community
indicated its interest in participating in
the pilot inspection procedure in a letter
dated September 24, 1998, in its
application to join the NFIP.
The City of Marathon incorporated as
a separate community within Monroe
County on November 2, 1999 and
became a separate participating NFIP
community on October 16, 2000. The
City of Marathon encompasses 12 miles
of the Florida Keys that would have
been included as part of the inspection
procedure in Monroe County. Because
of possible illegal enclosures in the City
of Marathon, the community indicated
its interest in participating in the pilot
inspection procedure in a resolution
titled, ‘‘A Resolution of the City Council
of the City of Marathon, Florida,
Providing for Approval of the City’s
Participation in the National Flood
Insurance Program’s Pilot Inspection
Program and Providing for an Effective
Date’’, which was passed and adopted
on September 13, 2000.
An interim final rule was published
in the Federal Register on March 8,
2002 (67 FR 10631) that amended the
NFIP regulations to clarify that areas of
Monroe County that incorporate on or
after January 1, 1999, and become
eligible for the sale of flood insurance
must participate in the inspection
procedures as a condition of joining the
NFIP. This requirement was specifically
stated in the supplementary of the
proposed rule (published in the Federal
Register on May 5, 1999, 64 FR 24256)
and in the final rule (published in the
Federal Register on June 27, 2000, 65
FR 39726) establishing the inspection
procedure. However, this requirement
was not clearly stated in the Appendices
(A)(4), (A)(5), and (A)(6) of 44 CFR part
61, the endorsements to the Standard
Flood Insurance Policy. The interim
final rule amended 44 CFR 59.30 and
the appendices to make clearer that
participation in the inspection
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procedures is a requirement for any area
within Monroe County that incorporates
on or after January 1, 1999. FEMA will
publish notices in the Federal Register
when communities in Monroe County
incorporate, agree to implement the
pilot inspection procedure, and become
eligible for the sale of flood insurance.
Due to the fact that there has been
widespread use of the enclosed area
below the lowest floor of elevated
buildings for uses other than parking of
vehicles, building access or storage, the
community inspection report will
materially assist the communities in
identifying and remedying the violation,
thereby reduce the number of buildings
exposed to significant flood losses.
Furthermore, the collection of
information will help FEMA ensure that
the policyholders of buildings with
illegal enclosures are paying premiums
commensurate with their flood risk.
The inspection procedure will be
conducted in the communities of
Monroe County, City of Marathon, the
Village of Islamorada, and any other
community in Monroe County that
incorporates after January 1, 1999.
FEMA would make any decision to
implement the inspection procedure in
NFIP participating communities outside
Monroe County only after completing
the pilot inspection procedure within
the selected communities and after an
evaluation to determine how effective
the procedure is in achieving NFIP
building compliance. Implementation of
the inspection procedure beyond
Monroe County would require separate
rulemaking and preparation of
supporting materials for Paperwork
Reduction Act submissions.
Collection of Information
Title: Inspection of Insured Structures
by Communities.
Type of Information Collection:
Extension of a currently approved
collection.
OMB Number: 1660–0045.
Abstract: The purpose of the
inspection procedure and need for the
community inspection report is to:
(1) To help the communities of
Monroe County, City of Marathon, the
Village of Islamorada, Florida, and any
other community in Monroe County that
incorporates after January 1, 1999 verify
and document that post-FIRM structures
in their communities comply with the
community’s floodplain management
ordinance; and
(2)To ensure that property owners pay
flood insurance premiums
commensurate with their flood risk due
to the increased exposure to flood
damages.
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The final rule (published in the
Federal Register on June 27, 2000, 65
FR 39726) and the interim final rule
(published in the Federal Register on
March 8, 2002, 67 FR 10631) established
an inspection procedure in Monroe
County, City of Marathon, the Village of
Islamorada, Florida and any other
community in Monroe County that
incorporates after January 1, 1999 that
would be built around the flood
insurance policy renewal process. The
requirement that a building be inspected
by the community, as a condition of
renewing the flood insurance policy on
the building, would only apply to NFIP
insured buildings in Special Flood
Hazard Areas that are identified as
possible violations by the community in
which the property is located. The
Special Flood Hazard Areas (SFHA) is
an area that is based on a flood that
would have a 1-percent chance of being
equaled or exceeded in any given year,
referred to as the 100-year flood.
Policyholders that have a flood
insurance policy with a renewal
effective date on and after the
implementation date of the pilot
inspection procedure would receive,
along with their policy renewal notice,
an endorsement established in
Appendices (A)(4), (A)(5), and (A)(6) of
44 CFR part 61. The endorsement would
provide that an inspection by the
community may be required before a
subsequent renewal of the flood
insurance policy. Policies issued as new
policies after the effective date for
implementing the pilot inspection
procedure would also contain the
endorsement established in Appendices
(A)(4), (A)(5), and (A)(6). The
endorsement amended all flood
insurance policies (pre-FIRM and postFIRM) on buildings in Monroe County,
City of Marathon, and the Village of
Islamorada, Florida (there are
approximately 28,771 flood insurance
policies in these communities at the
time of this submission). Pre-FIRM
insured buildings are included for the
endorsement since there may be some
policies within this category that should
be rated post-FIRM because they were
misrated or substantially improved after
the effective date of the community’s
FIRM. A notice describing the purpose
of the inspection procedure would
accompany the new endorsement to the
Standard Flood Insurance Policy
regarding the inspection procedure.
Monroe County, City of Marathon,
and the Village of Islamorada would
identify possible violations and forward
the list to FEMA. There are an estimated
2,000–4,000 number of insured
buildings within the three communities
that may be subject to an inspection
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based on the identification as possible
violations. This estimate was reported to
FEMA from the communities. Based on
FEMA’s review of floodplain
development in these communities,
FEMA is comfortable with this estimate.
Monroe County, City of Marathon,
and the Village of Islamorada would
identify possible violations through a
review of the pre-FIRM and post-FIRM
flood insurance policies provided by
FEMA and from a visual street
inspection of the building, from tax
records, and through a review of other
documents on file in the community
pertaining to the property and through
other community procedures. For
buildings identified by Monroe County,
City of Marathon, and the Village of
Islamorada as possible violations, the
insurer of the flood insurance policy
would send a notice to policyholders
approximately 6 months before the
policy expiration date. This notice
would state that the policyholder must
obtain an inspection from the
community and submit the results of the
property inspection as part of the
renewal of the flood insurance policy by
the end of the renewal grade period (30
days after date of the policy expiration).
The insurer would send a reminder
notice to the policyholder with the
Renewal Notice about 45 to 60 days
before the policy expires.
The policyholder would be
responsible for contacting the
community to arrange for an inspection.
The community would inspect the
building to determine whether it
complies with the community’s
floodplain management ordinance and
document its findings in an inspection
report. The community would provide
two copies of the inspection report to
the policyholder.
If the policyholder obtained a timely
inspection and sent the community’s
inspection report and the renewal
premium payment to the insurer by the
end of the renewal grace period, the
insurer would renew the flood
insurance policy whether or not the
building has been identified as a
violation by the community. The insurer
would review the insurance policy for
rerating upon review of the community
inspection report. If the building was
not properly rated to reflect the
building’s risk of flooding, the policy
would be rerated to reflect that risk. If
the community’s inspection found a
violation, the community would
undertake an enforcement action in
accordance with its floodplain
management ordinance.
If the policyholder did not obtain an
inspection and submit an inspection
report with the renewal premium
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payment by the end of the renewal grace
period (30 days after date of expiration),
the flood insurance policy would not be
renewed. The insurer would send a
notice to the insured that the flood
insurance policy expired and cannot be
re-issued without the community
inspection report.
The communities will not be using a
FEMA designed form in documenting
the inspection of an insured structure.
FEMA consulted with local officials
from the communities participating in
the inspection procedure on the type of
existing building inspection reports they
use to implement their floodplain
management ordinance and we
determined that the current community
inspection documents could be used for
purposes of implementing the
inspection procedure and for purposes
of determining whether the building’s
flood insurance policy needs to be
rerated by insurer.
The community inspection report is
critical to the effective implementation
of the inspection procedure. Without
the inspection procedure, the Village of
Islamorada, City of Marathon, and
Monroe County would continue to have
limited ability to inspect properties for
illegal enclosures that violate their
floodplain management ordinance and
as a result, both communities would be
unable to undertake appropriate actions
to remedy the violations. There are
several potential serious consequences
if these structures continue to be in
violation of the community’s floodplain
management ordinance.
Allowing uses other than parking of
vehicles, building access, or storage in
the enclosed area below the Base Flood
Elevation (elevation of the 100-year
flood) significantly increases the flood
damage potential to the area below the
lowest floor of the elevated building.
Improperly constructed enclosure walls
and utilities can tear away and damage
the upper portions of the elevated
building exposing the building to
greater damage. Improperly constructed
enclosures can also result in flood forces
being transferred to the elevated portion
of the building with the potential for
catastrophic damage. If a flood disaster
occurs, the impact will go beyond the
building itself. If the ground level
enclosure is finished with living spaces,
there is an increased risk to lives.
Residents who live in these ground level
enclosures may not be fully aware of the
flood risk.
Furthermore, there is limited coverage
in this area for elevated post-FIRM
buildings, as provided for in the
Standard Flood Insurance Policy (SFIP)
under Article 6—Property Not Covered.
This provision of the SFIP, effective
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since October 1, 1983, limits coverage
for enclosures, including personal
property contained therein. FEMA does
not cover such items as finished
enclosure walls, floors, ceilings, and
personal property such as rugs, carpets,
and furniture. In 1983, FEMA limited
the coverage for enclosed areas below
elevated buildings due to the financial
losses experienced in the NFIP when
FEMA provided full coverage in these
areas. Consequently, property owners
and residents that may live in these
lower enclosed areas may have
significant uninsured losses in the event
of a flood for finished items and
contents below the lowest floor.
However, in spite of the limited
coverage afforded for these enclosed
areas, they do affect the rating of the
policy. Because of the increase in flood
damage potential to the building
resulting from flood forces being
transferred to the elevated portion of the
building, the damage potential must be
recognized in the rates by adding rate
loadings based on the size of the
enclosure. In addition, the rates must
also reflect whether the enclosure
contains essential building elements
which are covered, namely, sump
pumps, well water tanks and pumps,
electrical junction and circuit breaker
boxes, elevators, natural gas tanks,
pumps or tanks related to solar energy,
cisterns, stairways and staircases
attached to the building, and foundation
elements that support the building. The
collection of information from the
policyholder in the inspection
procedure will ensure that the
policyholders of buildings with
enclosures are paying premiums
commensurate with their flood risk.
Along with significant flood damages
to the building and the potential for loss
of life, the community, the State, and
the Federal Government will be faced
with costly outlays for flood fighting
and rescue operations, response, and
recovery as well as taxpayer funded
disaster assistance.
Under the inspection procedure, the
policyholder will be required to obtain
an inspection in order to renew the
policy. This will be a one-time
collection of information during the
period of time for which the inspection
procedure is to be implemented. Since
the primary purpose of the inspection is
to provide communities with a
mechanism to ensure compliance with
the floodplain management ordinance
and for FEMA to verify flood insurance
rates, less frequent collection of the
information through the inspection
report is not possible.
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70871
Affected Public: Individuals or
households and business or other forprofit.
Estimated Total Annual Burden
Hours: We expect a total of 2,000 to
4,000 respondents (policyholders) to
obtain an inspection from the
community in which the property is
located. This is the total estimated
number of insured buildings that are
possible violations of the community’s
floodplain management ordinance in
Monroe County, City of Marathon, and
the Village of Islamorada. The burden
hours are calculated based on the
maximum number of estimated
respondents (4,000 insured buildings).
Monroe County, City of Marathon, and
the Village of Islamorada will identify
which insured buildings are possible
violations of the community’s
floodplain management ordinance. It is
anticipated that the inspection
procedure will be implemented over a
multi-year period in each community in
order to inspect several hundred
insured buildings identified as possible
violations each year.
It is estimated that Monroe County
will inspect 500–700 insured buildings
per year, the City of Marathon will
inspect 200–400 insured buildings per
year, and the Village of Islamorada will
inspect 200–400 insured buildings per
year.
The policyholders of insured
buildings identified as possible
violations by the community will
receive a notice from their insurer
approximately 6 months before the
policy expiration date. This notice will
state that the policyholder must obtain
an inspection from the community and
submit the results of the inspection as
part of the renewal of the flood
insurance policy by the end of the
renewal grace period (30 days after date
of the policy expiration). In addition, for
each of the 2,000–4,000 insured
buildings identified as a possible
violation of the community’s floodplain
management ordinance, the following
will apply:
• The policyholder will receive a
reminder notice from the insurer
regarding the inspection with the
Renewal Notice about 45 to 60 days
before the policy expires.
• The policyholder is responsible for
contacting the community to arrange for
an inspection by a local official in the
community in which the property is
located.
• The policyholder will receive two
copies of the inspection report from the
community and submit one copy of the
inspection report as part of the policy
renewal process, which includes the
payment of the premium.
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• If the policyholder did not obtain
an inspection and submit an inspection
report with the renewal payment by the
end of the renewal grade period (30
days after date of expiration), the flood
insurance policy would not be renewed.
The insurer would send a notice at
expiration or shortly thereafter to the
policyholder that the flood insurance
policy expired and cannot be re-issued
without the community inspection
report.
Frequency of
response
Number of respondents/Type of response
The flood insurance renewal notice
and flood insurance application have
previously been approved by OMB
(OMB 1660–0045).
Burden hours
Total burden
hours
4,000 policyholders to receive & read a notice that an inspection is required in order for the flood insurance policy to be renewed. These
4,000 policyholders will also receive a reminder notice about 45–60
days before the policy expires.
1
15 minutes (total for both notices) ..
1000
4,000 policyholders contact respective community to arrange for an inspection of the property. Local official inspects the property with the
policyholder or his/her designee. (Note: In any given year we expect
several hundred policyholders to receive the notice and contact their
community.) Compliant buildings should take less time to inspect
compared to an insured building that is non-compliant.
1
1–2.5 hours ** ..................................
10,000
4,000 policyholders submit a copy of the inspection report with the renewal premium payment. 800 estimated no. of respondents that did
not obtain an inspection. These respondents will be sent a notice at
time of policy expiration that their flood insurance policy expired.
(FEMA estimates that less than 20% of the 4,000 respondents will not
obtain an inspection and as a result their flood insurance policy will
not be renewed.)
1
1
8 minutes .........................................
8 minutes .........................................
533
107
*Total number of Burden Hours to implement the inspection procedure over a multi-year period.
Annual (one-time) total burden hours for each policyholder is
approximately.
Total annual burden for approximately 500–700 inspections per
year in Monroe County.
Total annual burden for approximately 200–400 inspections per
year in the Village of Islamorada.
Total annual burden for approximately 200–400 inspections per
year in the City of Marathon.
11,640
3
2,100
1,200
1,200
**FEMA has estimated that the amount of time to contact the community to arrange for the inspection and for the policyholder or his/her designee to be available to let the community official into the building to conduct the inspection will range from 1 hour to 2.5 hours.
*It is estimated that 2,000–4,000 buildings will need to be inspected over a multi-year period. On an annual basis, it is estimated that 900–
1,500 buildings will be inspected each year when you combine the estimated annual inspections to be conducted by each community. The total
number of inspections would not change with the incorporation of any community within Monroe County that joins the National Flood Insurance
Program and agrees to participate in the inspection procedure after January 1, 1999. The estimated total number of inspections (2,000–4,000)
remains the same. The addition of any other community only offsets the total number, burden hours, and costs in Monroe County.
Estimated Cost: Communities
generally charge a fee for permits and
inspections as part of their
administration of their zoning
ordinance, building code, and
floodplain management ordinance. It is
estimated that it will cost the
policyholder on average between $35 to
$50.00 for each inspection. There may
be expenses related to telephone calls
and arranging for someone to be
available at the property so that local
officials can inspect the building. These
expenses are estimated to be on average
$15.00 per respondent. Therefore,
policyholders who are required to
obtain an inspection as a condition of
renewing the flood insurance policy and
who obtain that inspection, it is
estimated to cost on average $65.00 per
policyholder. For approximately 900 to
1,500 inspections per year, the total
annual cost burden to respondents is
VerDate Aug<31>2005
17:33 Nov 22, 2005
Jkt 208001
estimated to be between $58,500 and
$97,500.
received within 60 days of the date of
this notice.
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
ADDRESSES:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
Interested persons should
submit written comments to Chief,
Records Management Section,
Information Resources Management
Branch, Information Technology
Services Division, Federal Emergency
Management Agency, Department of
Homeland Security, 500 C Street, SW.,
Room 316, Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT:
Contact Rachel Sears, Program
Specialist, Mitigation Division,
(202)646–2977 for additional
information. You may contact the
Records Management Branch for copies
of the proposed collection of
information at facsimile number (202)
646–3347 or e-mail address: FEMAInformation-Collections@dhs.gov.
E:\FR\FM\23NON1.SGM
23NON1
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices
Dated: November 3, 2005.
Darcy Bingham,
Branch Chief, Information Resources
Management Branch, Information
Technology Services Division.
[FR Doc. 05–23135 Filed 11–22–05; 8:45 am]
BILLING CODE 9110–11–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Information Collection Renewal Sent to
the Office of Management and Budget
(OMB) for Approval Under the
Paperwork Reduction Act; 1018–0113;
Information Collection in Support of
Grants Programs Authorized by the
Neotropical Migratory Bird
Conservation Act (Pub. L. 106–247, 14
Stat. 593)
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
SUMMARY: We (Fish and Wildlife
Service, Service) have sent a request to
OMB to renew approval for our
information collection associated with
the Neotropical Migratory Bird
Conservation Act (NMBCA) grants
program. The current OMB control
number for this information collection
is 1018–0113, which expires November
30, 2005. We have requested that OMB
renew approval of this information
collection for a 3-year term.
DATES: You must submit comments on
or before December 23, 2005.
ADDRESSES: Send your comments and
suggestions on this information
collection renewal to the Desk Officer
for the Department of the Interior at
OMB–OIRA at (202) 395–6566 (fax) or
OIRA_DOCKET@OMB.eop.gov (e-mail).
Please provide a copy of your comments
to Hope Grey, Information Collection
Clearance Officer, Fish and Wildlife
Service, MS 222–ARLSQ, 4401 North
Fairfax Drive, Arlington, VA 22203
(mail); (703) 358–2269 (fax); or
hope_grey@fws.gov (e-mail).
FOR FURTHER INFORMATION CONTACT: To
request a copy of the information
collection requirements or explanatory
information, contact Hope Grey,
Information Collection Clearance
Officer, at the above addresses or by
telephone at (703) 358–2482.
SUPPLEMENTARY INFORMATION: OMB
regulations at 5 CFR 1320, which
implement the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), require that
interested members of the public and
affected agencies have an opportunity to
VerDate Aug<31>2005
17:33 Nov 22, 2005
Jkt 208001
comment on information collection and
recordkeeping activities (see 5 CFR
1320.8(d)). Federal agencies may not
conduct or sponsor and a person is not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
On July 29, 2005, we published in the
Federal Register (70 FR 43900) a 60-day
notice of our intent to request renewal
of this information collection authority
from OMB. In that notice, we solicited
public comments for 60 days ending
September 27, 2005. We did not receive
any comments regarding this notice.
The NMBCA establishes a matching
grants program to fund projects that
promote the conservation of neotropical
migratory birds in the United States,
Latin America, and the Caribbean. The
purposes of NMBCA are to: (1)
Perpetuate healthy populations of
neotropical migratory birds; (2) assist in
the conservation of these birds by
supporting conservation initiatives in
the United States, Latin America, and
the Caribbean; and (3) provide financial
resources and foster international
cooperation for those initiatives.
Principal conservation actions
supported by NMBCA are protection
and management of neotropical
migratory bird populations;
maintenance, management, protection,
and restoration of neotropical migratory
bird habitat; research and monitoring;
law enforcement; and community
outreach and education.
Competing for grant funds involves
applications from partnerships that
describe in substantial detail project
locations, project resources, future
benefits, and other characteristics, to
meet the standards established by the
Fish and Wildlife Service and the
requirements of NMBCA. The
information collection for this program
is part of a system of records covered by
the Privacy Act (5 U.S.C. 552(a)).
Materials that describe the program
and assist applicants in formulating
project proposals are available on our
Web site at https://www.fws.gov/
birdhabitat/. Persons who do not have
access to the website may obtain
instructional materials by mail by
contacting the Service’s Division of Bird
Habitat Conservation. There has been
little change in the scope and general
nature of these instructions since OMB
first approved this information
collection in 2002. Instructions assist
applicants in formulating detailed
project proposals for consideration by a
panel of reviewers from the Fish and
Wildlife Service. These instructional
materials are the basis for this
information collection request.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
70873
We publish notices of funding
availability annually on the Grants.gov
Web site (https://www.grants.gov) as well
as in the Catalog of Federal Domestic
Assistance (https://cfda.gov). We use
information collected under this
program to respond to such needs as
audits, program planning and
management, program evaluation,
Government Performance and Results
Act reporting, Standard Form 424
(Application for Federal Assistance),
assistance awards, budget reports and
justifications, public and private
requests for information, data provided
to other programs for databases on
similar programs, congressional
inquiries, and reports required by
NMBCA.
If the information were not collected,
we would have to eliminate the program
because it would not be possible to
determine eligibility and the relative
worth of the proposed projects.
Reducing the frequency of collection
would only reduce the frequency of
grant opportunities as the information
collected is unique to each project
proposal. Discontinuation of the
program is not a viable option.
Title: Information Collection in
Support of Grants Programs Authorized
by the Neotropical Migratory Bird
Conservation Act (Pub. L. 106–247; 14
Stat. 593).
OMB Control Number: 1018–0113.
Form Number(s): None.
Frequency of Collection: Occasional.
This grants program has one project
proposal submission per year. Annual
reports are due 90 days after the
anniversary date of the grant agreement.
Final reports are due 90 days after the
end of the project period. The project
period is up to 2 years.
Description of Respondents: (1) An
individual, corporation, partnership,
trust, association, or other private entity;
(2) an officer, employee, agent,
department, or instrumentality of the
Federal Government, of any State,
municipality, or political subdivision of
a State, or of any foreign government: (3)
a State, municipality, or political
subdivision of a State; (4) any other
entity subject to the jurisdiction of the
United States or of any foreign country;
and (5) an international organization.
Number of Respondents: 160 submit
grant applications; 60 submit required
reports.
Annual Burden: 70 hours per
application; 30 hours per report.
Total Annual Burden Hours: 13,000.
We again invite your comments on:
(1) Whether or not the collection of
information is necessary for the proper
performance of the NMBCA grants
programs, including whether or not in
E:\FR\FM\23NON1.SGM
23NON1
Agencies
[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70868-70873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23135]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
Agency Information Collection Activities: Proposed Collection;
Comment Request
AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
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 revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)), this notice seeks comments concerning the
community inspection report, which is the subject of this information
collection submission. The community inspection report will be used in
the implementation of the inspection procedure in the Monroe County,
the City of Marathon, and the Village of Islamorada, Florida and any
other community that incorporates in Monroe County on or after January
1, 1999. The inspection procedure has two major purposes: (1) To help
the communities of Monroe County, City of Marathon, the Village of
Islamorada, Florida, and any other communities in Monroe County that
incorporate after January 1, 1999 verify that structures in their
communities (those built after the effective date of the Flood
Insurance Rate Map (FIRM), referred to as Post-FIRM) comply with the
community's floodplain management ordinance; and (2) to ensure that
property owners pay flood insurance premiums commensurate with their
flood risk.
SUPPLEMENTARY INFORMATION: The community inspection report, which is
the subject of this information collection submission, will be used in
the implementation of the inspection procedure in the Monroe County,
the City of Marathon, and the Village of Islamorada, Florida and any
other community that incorporates in Monroe County on or after January
1, 1999. The inspection procedure has two major purposes: (1) To help
the communities of Monroe County, City of Marathon, the Village of
Islamorada, Florida, and any other communities in Monroe County that
incorporate after January 1, 1999 verify that structures in their
communities (those built after the effective date of the Flood
Insurance Rate Map (FIRM), referred to as Post-FIRM) comply with the
community's floodplain management ordinance; and (2) to ensure that
property owners pay flood insurance premiums commensurate with their
flood risk.
The National Flood Insurance Program (NFIP) was established by the
National Flood Insurance Act of 1968 (Pub. L. 90-448), as amended. The
Flood Disaster Protection Act of 1973 (Pub. L. 93-234) and the National
Flood Insurance Reform Act of 1994 (Pub. L. 103-325) made significant
changes to the program. The primary purposes of the NFIP are to: (1)
Better indemnify individuals for flood losses through insurance; (2)
reduce future flood damages through state and community floodplain
management regulations; and (3) reduce federal expenditures for
disaster assistance and flood control. The NFIP makes Federally-backed
flood insurance coverage available only in those communities that adopt
and enforce a floodplain management ordinance to regulate new
development in flood hazard areas. Over 19,000 communities participate
in the NFIP.
The concept behind the program is that the communities would join
the NFIP to make their citizens eligible to purchase subsidized flood
insurance for existing buildings. It was recognized that insurance for
many of these buildings would be prohibitively expensive if the premium
were not subsidized. It was also recognized that most of these flood
prone buildings were built by individuals that did not have sufficient
knowledge of the hazard to make informed decisions.
In exchange for the availability of this subsidized insurance,
communities would protect new construction through adoption and
enforcement of community floodplain management ordinances. Owners of
these new buildings (those built after the Federal Emergency Management
Agency (FEMA) had identified flood hazards in the community) would pay
actuarial rates for flood insurance that fully reflect the risk to the
building.
Community floodplain management regulations require that
residential buildings be elevated to or above the elevation of the base
flood (the flood that has a 1 percent chance of occurring during any
given year, also known as the 100-year flood). Non-residential
buildings can either be elevated or flood proofed (made watertight) to
the base flood. Without community oversight of building activities and
development in the floodplain, the best efforts of some to reduce flood
losses could be undermined or destroyed by the careless building of
others. Community enforcement of a floodplain management ordinance is
critical in protecting a building from future flood damages, in
reducing taxpayer funded disaster assistance, and also in keeping flood
insurance rates affordable.
The purpose of the inspection procedures is to require owners of
insured buildings (policyholders) to obtain an inspection from
community floodplain management officials and submit a community
inspection report as a condition of renewing the Standard Flood
Insurance Policy (SFIP) on the building. The community inspection
report, which is the subject of this information collection submission,
will materially assist in reducing the number of buildings at risk to
flood losses. The inspection procedure has two major purposes: (1) To
help the pilot
[[Page 70869]]
communities for this inspection procedure, Monroe County, City of
Marathon, and the Village of Islamorada, Florida, and any community
that incorporates after January 1, 1999 verify that structures in their
communities (those built after the effective date of the FIRM, or post-
FIRM) comply with the community's floodplain management ordinance; and
(2) to ensure that property owners pay flood insurance premiums
commensurate with their flood risk. Post-FIRM construction is charged
an actuarial rate that must fully reflect the risk of flooding. The
community inspection report will be needed to effectively implement the
inspection procedure. The community inspection report will be used to
document whether the insured building is in compliance with the
community's floodplain management ordinance. The inspection report will
also assist FEMA to ensure that property owners are paying flood
insurance premiums commensurate with their flood risk.
Under the NFIP Floodplain Management Regulations at 44 CFR 60.3,
all new construction and substantial improvements of structures in A
Zones on the community's FIRM must have any enclosed areas below the
lowest floor of an elevated building designed to include openings to
equalize hydrostatic flood pressure on exterior walls by allowing for
the automatic entry and exit of floodwaters. In V Zones, new
construction and substantial improvements must have the space below the
lowest floor either free of obstruction or constructed with open wood
lattice-work, insect screening, or non-supporting breakaway walls,
intended to collapse under wind and water loads without causing
collapse, displacement, or other structural damage to the elevated
portion of the building or supporting foundation system. In both A and
V Zones on the community's FIRM, the area below the lowest floor of an
elevated building can only be used for parking of vehicles, building
access, or storage.
In addition, owners must build the area below the lowest floor of
an elevated building using flood resistant materials and must use
construction methods and practices that minimize flood damages. Owners
must also build with electrical, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
FEMA conducted a Community Assistance Visit (CAV) in Monroe County,
Florida, in 1982, 1987, and in 1995. The purpose of a CAV is to assess
an NFIP community's floodplain management program and to provide
whatever assistance the community needs to administer its floodplain
management ordinance effectively when program deficiencies or
violations are identified. One of the more serious problems that FEMA
identified through the CAVs was the apparent widespread use of the
enclosed area below the lowest floor of elevated buildings for uses
other than parking of vehicles, building access, or storage. Follow-up
contacts with Monroe County had indicated that it was unable to
identify possible violations and remedy violations identified.
There are several factors that have limited Monroe County's ability
to determine whether a building with an enclosure complies with the
county's floodplain management ordinance: (1) A provision in Florida
laws exempts ``owner-occupied family residences'' from the
administrative warrant inspection procedure provided under State law
for identifying building-safety issues. Under Florida State law, entry
by local officials into owner-occupied single family homes without
consent of the owner requires a search warrant, which is extremely
difficult to obtain. (2) It is often difficult from the street to
determine whether the enclosed area below an elevated building contains
uses other than parking of vehicles, building access, or storage.
Although the County can seek consent and approval of the owner to
inspect their property, the community has had limited success in
identifying violations using this method. (3) The volume of possible
violations is also a contributing factor in the community's ability to
address this problem. Monroe County estimated that there are several
thousand buildings with illegal enclosures below the lowest floor of an
elevated building. Consequently, the community has had little success
in identifying possible violations so that it could then require
actions to remedy the violations to the maximum extent possible.
Given these circumstances, Monroe County indicated its interest in
participating in an inspection procedure. In January 1997, a Monroe
County Citizen's Task Force, which was appointed by the Monroe County
Board of County Commissioners to address the issue of illegal
enclosures below the lowest floor of an elevated building, recommended
establishment of a procedure to require an inspection and a compliance
report prior to the renewal of a flood insurance policy. On June 11,
1998, the Board of County Commissioners of Monroe County, Florida,
passed a resolution that requested FEMA to establish an inspection
procedure for the County as a means of verifying that insured buildings
in the Special Flood Hazard Area under the NFIP comply with the
County's floodplain management ordinance.
The Village of Islamorada incorporated as a separate community
within Monroe County in January 1998 and became a separate
participating NFIP community on October 1, 1998. The Village of
Islamorada encompasses four of the Florida Keys that would have been
included as part of the inspection procedure in Monroe County. Because
of possible illegal enclosures in the Village of Islamorada, the
community indicated its interest in participating in the pilot
inspection procedure in a letter dated September 24, 1998, in its
application to join the NFIP.
The City of Marathon incorporated as a separate community within
Monroe County on November 2, 1999 and became a separate participating
NFIP community on October 16, 2000. The City of Marathon encompasses 12
miles of the Florida Keys that would have been included as part of the
inspection procedure in Monroe County. Because of possible illegal
enclosures in the City of Marathon, the community indicated its
interest in participating in the pilot inspection procedure in a
resolution titled, ``A Resolution of the City Council of the City of
Marathon, Florida, Providing for Approval of the City's Participation
in the National Flood Insurance Program's Pilot Inspection Program and
Providing for an Effective Date'', which was passed and adopted on
September 13, 2000.
An interim final rule was published in the Federal Register on
March 8, 2002 (67 FR 10631) that amended the NFIP regulations to
clarify that areas of Monroe County that incorporate on or after
January 1, 1999, and become eligible for the sale of flood insurance
must participate in the inspection procedures as a condition of joining
the NFIP. This requirement was specifically stated in the supplementary
of the proposed rule (published in the Federal Register on May 5, 1999,
64 FR 24256) and in the final rule (published in the Federal Register
on June 27, 2000, 65 FR 39726) establishing the inspection procedure.
However, this requirement was not clearly stated in the Appendices
(A)(4), (A)(5), and (A)(6) of 44 CFR part 61, the endorsements to the
Standard Flood Insurance Policy. The interim final rule amended 44 CFR
59.30 and the appendices to make clearer that participation in the
inspection
[[Page 70870]]
procedures is a requirement for any area within Monroe County that
incorporates on or after January 1, 1999. FEMA will publish notices in
the Federal Register when communities in Monroe County incorporate,
agree to implement the pilot inspection procedure, and become eligible
for the sale of flood insurance.
Due to the fact that there has been widespread use of the enclosed
area below the lowest floor of elevated buildings for uses other than
parking of vehicles, building access or storage, the community
inspection report will materially assist the communities in identifying
and remedying the violation, thereby reduce the number of buildings
exposed to significant flood losses. Furthermore, the collection of
information will help FEMA ensure that the policyholders of buildings
with illegal enclosures are paying premiums commensurate with their
flood risk.
The inspection procedure will be conducted in the communities of
Monroe County, City of Marathon, the Village of Islamorada, and any
other community in Monroe County that incorporates after January 1,
1999. FEMA would make any decision to implement the inspection
procedure in NFIP participating communities outside Monroe County only
after completing the pilot inspection procedure within the selected
communities and after an evaluation to determine how effective the
procedure is in achieving NFIP building compliance. Implementation of
the inspection procedure beyond Monroe County would require separate
rulemaking and preparation of supporting materials for Paperwork
Reduction Act submissions.
Collection of Information
Title: Inspection of Insured Structures by Communities.
Type of Information Collection: Extension of a currently approved
collection.
OMB Number: 1660-0045.
Abstract: The purpose of the inspection procedure and need for the
community inspection report is to:
(1) To help the communities of Monroe County, City of Marathon, the
Village of Islamorada, Florida, and any other community in Monroe
County that incorporates after January 1, 1999 verify and document that
post-FIRM structures in their communities comply with the community's
floodplain management ordinance; and
(2)To ensure that property owners pay flood insurance premiums
commensurate with their flood risk due to the increased exposure to
flood damages.
The final rule (published in the Federal Register on June 27, 2000,
65 FR 39726) and the interim final rule (published in the Federal
Register on March 8, 2002, 67 FR 10631) established an inspection
procedure in Monroe County, City of Marathon, the Village of
Islamorada, Florida and any other community in Monroe County that
incorporates after January 1, 1999 that would be built around the flood
insurance policy renewal process. The requirement that a building be
inspected by the community, as a condition of renewing the flood
insurance policy on the building, would only apply to NFIP insured
buildings in Special Flood Hazard Areas that are identified as possible
violations by the community in which the property is located. The
Special Flood Hazard Areas (SFHA) is an area that is based on a flood
that would have a 1-percent chance of being equaled or exceeded in any
given year, referred to as the 100-year flood.
Policyholders that have a flood insurance policy with a renewal
effective date on and after the implementation date of the pilot
inspection procedure would receive, along with their policy renewal
notice, an endorsement established in Appendices (A)(4), (A)(5), and
(A)(6) of 44 CFR part 61. The endorsement would provide that an
inspection by the community may be required before a subsequent renewal
of the flood insurance policy. Policies issued as new policies after
the effective date for implementing the pilot inspection procedure
would also contain the endorsement established in Appendices (A)(4),
(A)(5), and (A)(6). The endorsement amended all flood insurance
policies (pre-FIRM and post-FIRM) on buildings in Monroe County, City
of Marathon, and the Village of Islamorada, Florida (there are
approximately 28,771 flood insurance policies in these communities at
the time of this submission). Pre-FIRM insured buildings are included
for the endorsement since there may be some policies within this
category that should be rated post-FIRM because they were misrated or
substantially improved after the effective date of the community's
FIRM. A notice describing the purpose of the inspection procedure would
accompany the new endorsement to the Standard Flood Insurance Policy
regarding the inspection procedure.
Monroe County, City of Marathon, and the Village of Islamorada
would identify possible violations and forward the list to FEMA. There
are an estimated 2,000-4,000 number of insured buildings within the
three communities that may be subject to an inspection based on the
identification as possible violations. This estimate was reported to
FEMA from the communities. Based on FEMA's review of floodplain
development in these communities, FEMA is comfortable with this
estimate.
Monroe County, City of Marathon, and the Village of Islamorada
would identify possible violations through a review of the pre-FIRM and
post-FIRM flood insurance policies provided by FEMA and from a visual
street inspection of the building, from tax records, and through a
review of other documents on file in the community pertaining to the
property and through other community procedures. For buildings
identified by Monroe County, City of Marathon, and the Village of
Islamorada as possible violations, the insurer of the flood insurance
policy would send a notice to policyholders approximately 6 months
before the policy expiration date. This notice would state that the
policyholder must obtain an inspection from the community and submit
the results of the property inspection as part of the renewal of the
flood insurance policy by the end of the renewal grade period (30 days
after date of the policy expiration). The insurer would send a reminder
notice to the policyholder with the Renewal Notice about 45 to 60 days
before the policy expires.
The policyholder would be responsible for contacting the community
to arrange for an inspection. The community would inspect the building
to determine whether it complies with the community's floodplain
management ordinance and document its findings in an inspection report.
The community would provide two copies of the inspection report to the
policyholder.
If the policyholder obtained a timely inspection and sent the
community's inspection report and the renewal premium payment to the
insurer by the end of the renewal grace period, the insurer would renew
the flood insurance policy whether or not the building has been
identified as a violation by the community. The insurer would review
the insurance policy for rerating upon review of the community
inspection report. If the building was not properly rated to reflect
the building's risk of flooding, the policy would be rerated to reflect
that risk. If the community's inspection found a violation, the
community would undertake an enforcement action in accordance with its
floodplain management ordinance.
If the policyholder did not obtain an inspection and submit an
inspection report with the renewal premium
[[Page 70871]]
payment by the end of the renewal grace period (30 days after date of
expiration), the flood insurance policy would not be renewed. The
insurer would send a notice to the insured that the flood insurance
policy expired and cannot be re-issued without the community inspection
report.
The communities will not be using a FEMA designed form in
documenting the inspection of an insured structure. FEMA consulted with
local officials from the communities participating in the inspection
procedure on the type of existing building inspection reports they use
to implement their floodplain management ordinance and we determined
that the current community inspection documents could be used for
purposes of implementing the inspection procedure and for purposes of
determining whether the building's flood insurance policy needs to be
rerated by insurer.
The community inspection report is critical to the effective
implementation of the inspection procedure. Without the inspection
procedure, the Village of Islamorada, City of Marathon, and Monroe
County would continue to have limited ability to inspect properties for
illegal enclosures that violate their floodplain management ordinance
and as a result, both communities would be unable to undertake
appropriate actions to remedy the violations. There are several
potential serious consequences if these structures continue to be in
violation of the community's floodplain management ordinance.
Allowing uses other than parking of vehicles, building access, or
storage in the enclosed area below the Base Flood Elevation (elevation
of the 100-year flood) significantly increases the flood damage
potential to the area below the lowest floor of the elevated building.
Improperly constructed enclosure walls and utilities can tear away and
damage the upper portions of the elevated building exposing the
building to greater damage. Improperly constructed enclosures can also
result in flood forces being transferred to the elevated portion of the
building with the potential for catastrophic damage. If a flood
disaster occurs, the impact will go beyond the building itself. If the
ground level enclosure is finished with living spaces, there is an
increased risk to lives. Residents who live in these ground level
enclosures may not be fully aware of the flood risk.
Furthermore, there is limited coverage in this area for elevated
post-FIRM buildings, as provided for in the Standard Flood Insurance
Policy (SFIP) under Article 6--Property Not Covered. This provision of
the SFIP, effective since October 1, 1983, limits coverage for
enclosures, including personal property contained therein. FEMA does
not cover such items as finished enclosure walls, floors, ceilings, and
personal property such as rugs, carpets, and furniture. In 1983, FEMA
limited the coverage for enclosed areas below elevated buildings due to
the financial losses experienced in the NFIP when FEMA provided full
coverage in these areas. Consequently, property owners and residents
that may live in these lower enclosed areas may have significant
uninsured losses in the event of a flood for finished items and
contents below the lowest floor.
However, in spite of the limited coverage afforded for these
enclosed areas, they do affect the rating of the policy. Because of the
increase in flood damage potential to the building resulting from flood
forces being transferred to the elevated portion of the building, the
damage potential must be recognized in the rates by adding rate
loadings based on the size of the enclosure. In addition, the rates
must also reflect whether the enclosure contains essential building
elements which are covered, namely, sump pumps, well water tanks and
pumps, electrical junction and circuit breaker boxes, elevators,
natural gas tanks, pumps or tanks related to solar energy, cisterns,
stairways and staircases attached to the building, and foundation
elements that support the building. The collection of information from
the policyholder in the inspection procedure will ensure that the
policyholders of buildings with enclosures are paying premiums
commensurate with their flood risk.
Along with significant flood damages to the building and the
potential for loss of life, the community, the State, and the Federal
Government will be faced with costly outlays for flood fighting and
rescue operations, response, and recovery as well as taxpayer funded
disaster assistance.
Under the inspection procedure, the policyholder will be required
to obtain an inspection in order to renew the policy. This will be a
one-time collection of information during the period of time for which
the inspection procedure is to be implemented. Since the primary
purpose of the inspection is to provide communities with a mechanism to
ensure compliance with the floodplain management ordinance and for FEMA
to verify flood insurance rates, less frequent collection of the
information through the inspection report is not possible.
Affected Public: Individuals or households and business or other
for-profit.
Estimated Total Annual Burden Hours: We expect a total of 2,000 to
4,000 respondents (policyholders) to obtain an inspection from the
community in which the property is located. This is the total estimated
number of insured buildings that are possible violations of the
community's floodplain management ordinance in Monroe County, City of
Marathon, and the Village of Islamorada. The burden hours are
calculated based on the maximum number of estimated respondents (4,000
insured buildings). Monroe County, City of Marathon, and the Village of
Islamorada will identify which insured buildings are possible
violations of the community's floodplain management ordinance. It is
anticipated that the inspection procedure will be implemented over a
multi-year period in each community in order to inspect several hundred
insured buildings identified as possible violations each year.
It is estimated that Monroe County will inspect 500-700 insured
buildings per year, the City of Marathon will inspect 200-400 insured
buildings per year, and the Village of Islamorada will inspect 200-400
insured buildings per year.
The policyholders of insured buildings identified as possible
violations by the community will receive a notice from their insurer
approximately 6 months before the policy expiration date. This notice
will state that the policyholder must obtain an inspection from the
community and submit the results of the inspection as part of the
renewal of the flood insurance policy by the end of the renewal grace
period (30 days after date of the policy expiration). In addition, for
each of the 2,000-4,000 insured buildings identified as a possible
violation of the community's floodplain management ordinance, the
following will apply:
The policyholder will receive a reminder notice from the
insurer regarding the inspection with the Renewal Notice about 45 to 60
days before the policy expires.
The policyholder is responsible for contacting the
community to arrange for an inspection by a local official in the
community in which the property is located.
The policyholder will receive two copies of the inspection
report from the community and submit one copy of the inspection report
as part of the policy renewal process, which includes the payment of
the premium.
[[Page 70872]]
If the policyholder did not obtain an inspection and
submit an inspection report with the renewal payment by the end of the
renewal grade period (30 days after date of expiration), the flood
insurance policy would not be renewed. The insurer would send a notice
at expiration or shortly thereafter to the policyholder that the flood
insurance policy expired and cannot be re-issued without the community
inspection report.
The flood insurance renewal notice and flood insurance application
have previously been approved by OMB (OMB 1660-0045).
----------------------------------------------------------------------------------------------------------------
Frequency of Total burden
Number of respondents/Type of response response Burden hours hours
----------------------------------------------------------------------------------------------------------------
4,000 policyholders to receive & read a notice 1 15 minutes (total for both 1000
that an inspection is required in order for notices).
the flood insurance policy to be renewed.
These 4,000 policyholders will also receive a
reminder notice about 45-60 days before the
policy expires.
�����������������������������������������������-----------------
4,000 policyholders contact respective 1 1-2.5 hours **.................. 10,000
community to arrange for an inspection of the
property. Local official inspects the
property with the policyholder or his/her
designee. (Note: In any given year we expect
several hundred policyholders to receive the
notice and contact their community.)
Compliant buildings should take less time to
inspect compared to an insured building that
is non-compliant.
�����������������������������������������������-----------------
4,000 policyholders submit a copy of the 1 8 minutes....................... 533
inspection report with the renewal premium 1 8 minutes....................... 107
payment. 800 estimated no. of respondents
that did not obtain an inspection. These
respondents will be sent a notice at time of
policy expiration that their flood insurance
policy expired. (FEMA estimates that less
than 20% of the 4,000 respondents will not
obtain an inspection and as a result their
flood insurance policy will not be renewed.)
�����������������������������������������������-----------------
*Total number of Burden Hours to implement .............. 11,640
the inspection procedure over a multi-
year period.
Annual (one-time) total burden hours .............. 3
for each policyholder is
approximately.
Total annual burden for approximately .............. 2,100
500-700 inspections per year in
Monroe County.
Total annual burden for approximately .............. 1,200
200-400 inspections per year in the
Village of Islamorada.
Total annual burden for approximately .............. 1,200
200-400 inspections per year in the
City of Marathon.
----------------------------------------------------------------------------------------------------------------
**FEMA has estimated that the amount of time to contact the community to arrange for the inspection and for the
policyholder or his/her designee to be available to let the community official into the building to conduct
the inspection will range from 1 hour to 2.5 hours.
*It is estimated that 2,000-4,000 buildings will need to be inspected over a multi-year period. On an annual
basis, it is estimated that 900-1,500 buildings will be inspected each year when you combine the estimated
annual inspections to be conducted by each community. The total number of inspections would not change with
the incorporation of any community within Monroe County that joins the National Flood Insurance Program and
agrees to participate in the inspection procedure after January 1, 1999. The estimated total number of
inspections (2,000-4,000) remains the same. The addition of any other community only offsets the total number,
burden hours, and costs in Monroe County.
Estimated Cost: Communities generally charge a fee for permits and
inspections as part of their administration of their zoning ordinance,
building code, and floodplain management ordinance. It is estimated
that it will cost the policyholder on average between $35 to $50.00 for
each inspection. There may be expenses related to telephone calls and
arranging for someone to be available at the property so that local
officials can inspect the building. These expenses are estimated to be
on average $15.00 per respondent. Therefore, policyholders who are
required to obtain an inspection as a condition of renewing the flood
insurance policy and who obtain that inspection, it is estimated to
cost on average $65.00 per policyholder. For approximately 900 to 1,500
inspections per year, the total annual cost burden to respondents is
estimated to be between $58,500 and $97,500.
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 Chief,
Records Management Section, Information Resources Management Branch,
Information Technology Services Division, Federal Emergency Management
Agency, Department of Homeland Security, 500 C Street, SW., Room 316,
Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT: Contact Rachel Sears, Program
Specialist, Mitigation Division, (202)646-2977 for additional
information. You may contact the Records Management Branch for copies
of the proposed collection of information at facsimile number (202)
646-3347 or e-mail address: FEMA-Information-Collections@dhs.gov.
[[Page 70873]]
Dated: November 3, 2005.
Darcy Bingham,
Branch Chief, Information Resources Management Branch, Information
Technology Services Division.
[FR Doc. 05-23135 Filed 11-22-05; 8:45 am]
BILLING CODE 9110-11-P