(b) The Emergency Flood Insurance Map (if available) or the Flood Hazard Boundary Map and the Flood Insurance Rate Map shall be maintained for public inspection during business hours at the following locations

(1) The Federal Insurance Administration, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410;

(2) The National Flood Insurers Association, 160 Water Street, New York, NY 10038;

(3) The information office of the State agency or agencies designated by each State to cooperate with the Administrator in implementing the program, which shall be listed in § 1914.4 whenever a community within that State becomes eligible under the program;

(4) One or more official locations within the community in which flood insurance is offered, which shall be specified in § 1914.4 at the time the eligibility of the community is announced. § 1914.3

Procedures under the emergency program. (a) In order to expedite a community's qualification for flood insurance under the emergency program, the Administrator may authorize the sale of such insurance without first designating either the entire community or any part thereof as a flood plain area having special flood hazards and/or a mudslide area having special mudslide hazards, provided the community has previously adopted land use and control measures meeting the requirements of § 1910.3 (a) or § 1910.4(a) of this subchapter. When the Administrator has obtained sufficient technical information to delineate the special flood or mudslide hazard areas with reasonable accuracy, he may delineate, or he may request the community to delineate subject to his approval, the proposed boundaries of the specific areas having special flood or mudslide hazards on a flood hazard boundary map. The local map or plat used to prepare the flood hazard boundary map must be of sufficient scale to show the location of building sites.

(b) After the issuance or approval of the flood hazard boundary map, flood insurance will be available at chargeable rates for newly constructed or substantially improved properties only if they are located outside of the areas then delineated as having special flood or mudslide hazards. Newly constructed or substantially improved properties located

within the delineated areas having special flood or mudslide hazards will be able to obtain flood insurance (at actuarial rates) only upon the completion of a ratemaking study for the community and the subsequent issuance by the Administrator of a flood insurance rate map. [38 FR 1001, Jan. 8, 1973]

§ 1914.4 List of eligible communities.

The sale of flood insurance is authorized only for communities listed in this section. The maps of such communities are available for public inspection at the State and local repositories set forth under this section.

NOTE: For references to FR pages showing lists of eligible communities and map inspection locations see the List of CFR Sections Affected.

PART 1915-IDENTIFICATION OF
SPECIAL HAZARD AREAS

Sec.
1915.1 Purpose of part.

1915.2

1915.3

Special Flood Hazard Map.

List of communities with special hazard areas.

AUTHORITY: The provisions of this Part 1915 issued under sec. 7(d), 79 Stat. 670; 42 U.S.C. 3535(d); sec. 1360, 82 Stat. 587; 42 U.S.C. 4101.

§ 1915.1 Purpose of part.

Section 1360 of the Act authorizes the Administrator to identify and publish information with respect to all flood plain areas having special flood hazards and mudslide areas having special mudslide hazards. Section 1308 (c) of the Act provides that once an area has been so identified, flood insurance will be made available only at actuarial rates within such area with respect to any property which is thereafter constructed or substantially improved. The purpose of this part is to list those communities and the areas thereof which have been identified by the Administrator as having such special flood or mudslide hazards. Additional communities will be added to this list from time to time as the necessary information becomes available.

[36 F.R. 24769, Dec. 22, 1971]

§ 1915.2 Special Flood Hazard Map.

Any map showing areas having special flood or mudslide areas may be designated by the Administrator as a Special Flood Hazard Map, whether or not such map is of sufficient scale to permit the

location of individual building sites. The Administrator may then furnish the Special Flood Hazard Map to the community for use in preparing a proposed Flood Hazard Boundary Map, or else he may prepare the boundary map himself. After its approval by the Administrator, the Flood Hazard Boundary Map will be made available for public inspection in accordance with § 1914.2(b). [36 F.R. 24769, Dec. 22, 1971]

§ 1915.3 List of communities with special hazard areas.

NOTE: For references to FR pages showing lists of communities with special hazard areas see the List of CFR Sections Affected.

The purpose of this part is to establish procedures implementing the provisions of section 206 of Flood Disaster Protection Act of 1973, which envisions that the Federal Insurance Administration will:

(a) Specifically request that the community submit pertinent data concerning flood hazards, flooding experience, plans to avoid potential hazards, estimates of economic impact on the community, both historical and prospective, and such other data as shall be deemed appropriate;

(b) Notify local officials of the progress of surveys, studies, and investigations, and of proposed findings, along with information concerning data and methods employed in reaching such conclusions; and

(c) Encourage local dissemination of information concerning surveys, studies, and investigations so that interested persons will have an opportunity to bring relevant data to the attention of the community and to the Administrator.

§ 1916.2 Definitions.

The definitions set forth in § 1909.1 of this subchapter are applicable to this part.

§ 1916.3 Establishment of docket.

A flood elevation study consultation docket shall be established for each community at the time the contract is awarded for a flood elevation study. The docket shall include copies of all correspondence between the Federal Insurance Administration and the community concerning the study; reports of any meetings between the Federal Insurance Administration representatives and officials, residents of the community, the state coordinating agency, study contractors, or other interested persons; correspondence from interested persons; relevant publications and a copy of the completed flood elevation study.

§ 1916.4 Appointment of consultation coordination officers.

The Administrator shall appoint an employee of the Department of Housing and Urban Development as the Consultation Coordination Officer (CCO) for each community in which a contract for a flood elevation study is awarded on behalf of the Administrator and shall so advise each community and the state coordinating agency for the state in which the community is located in writing. § 1916.5 General responsibilities

CCO.

of

The CCO shall be responsible for arranging consultation between appropriate elected officials of the general purpose local government of a community in which a flood elevation study is being undertaken, the state coordinating agency, and the organization undertaking the study. The CCO shall also be responsible for encouraging local officials to disseminate information concerning the study widely within the community.

§ 1916.6 Duties of CCO prior to commencement of study.

Prior to the commencement of the flood elevation study of any community undertaken on behalf of the Administrator, the CCO for the community in which the study is to be conducted together with a representative of the organization undertaking the study shall meet with officials of the general purpose local government of the community.

The state coordinating agency shall be notified of this meeting, and representatives of this agency may attend the meeting. At this meeting the CCO shall inform the local officials of the date on which the study will commence, the nature and purpose of the study, the areas involved, the manner in which the study is to be undertaken, the general principles to be applied, and the use to be made of the data obtained.

§ 1916.7 Duties of CCO during study.

After a flood elevation study has commenced in any community, the CCO for that community shall serve as a liaison between the local officials, the state coordinating agency and the organization undertaking the study. The CCO shall keep the local officials and the state coordinating agency informed as to the progress of the study and shall relay communication from the local officials and the state coordinating agency to the organization undertaking the study.

§ 1916.8 Notice to citizens.

The Federal Insurance Administrator shall advertise once a week for three consecutive weeks in one or more newspapers of general circulation in the community notifying the residents that a study is to be conducted and advising them that they may forward any information concerning the study to the chief executive officer of the community.

§ 1917.1 Purpose of this part.

The purpose of this part is to establish procedures implementing the provisions of section 110 of Flood Disaster Protection Act of 1973.

§ 1917.2 Special definitions.

The definitions set forth in § 1909.1 of this subchapter are applicable to this part. In addition to those definitions, the following special definitions are applicable to this part:

(a) "Chief Executive Officer of the community" ("CEO") means the official of the community charged with the authority to implement and administer laws, ordinances and regulations for that community, or such local agency as he shall publicly designate.

(b) "Independent scientific body" means a non-federal technical or scientific organization involved in the study of land use planning, flood plain management, hydrology, geology, geography, or any other related field of study concerned with flooding.

(c) "Flood elevation determination" means a determination by the Administrator of the level of the 100-year flood; that is, the level of flooding that has a one percent chance of occurring during any given year.

(d) "General Counsel" means the General Counsel of the U.S. Department of Housing and Urban Development.

§ 1917.3 Establishment and maintenance of a flood elevation determination docket (FEDD).

The Administrator shall establish a docket of all matters pertaining to flood elevation determinations. The docket files shall contain the following information:

(a) The name of the community which is subject to the flood elevation determination;

(b) A copy of the notice of the proposed flood elevation determination to the chief executive officer to the community;

(c) A copy of the notice of the proposed flood elevation determination published in a prominent local newspaper of the community involved;

(d) A copy of the notice of the proposed flood elevation determination published in the FEDERAL REGISTER;

(e) Copies of all appeals by private persons received by the Administrator from the CEO;

(f) Copies of all comments received by the Administrator on the notice of the proposed flood elevation determination published in the FEDERAL REGISTER;

(g) A copy of the community's appeal or a copy of its decision not to appeal the proposed flood elevation determination; (h) A copy of the flood insurance study for the community;

(i) A copy of the flood insurance rate map for the community;

(j) Copies of any land use and control laws in effect in the community at the time of the proposed flood elevation determination;

(k) Copies of any and all materials maintained in the flood elevation study consultation docket; and

(1) A copy of the final determination and supporting documents.

The Administrator shall propose flood elevation determinations in the following manner:

(a) Publication of the proposed flood elevation determination for comment in the FEDERAL REGISTER;

(b) Notification by certified mail, return receipt requested, of the proposed flood elevation determination to the CEO; and

(c) Publication of the proposed flood elevation determination in a prominent local newspaper at least twice during the ten day period immediately following the notification of the CEO.

§ 1917.5 Right of appeal.

(a) Any owner or lessee of real property, within a community where a proposed flood elevation determination has been made pursuant to section 1361 of the National Flood Insurance Act of 1968, as amended, who believes his property rights to be adversely affected by the Administrator's proposed determination may file a written appeal of such determination with the CEO, or such agency as he shall publicly designate, within ninety days of the second newspaper publication of the Administrator's proposed determination.

(b) A community, through the CEO, may file a written appeal of a proposed flood elevation determination on behalf of itself or its citizens, or both, within ninety days after the date of the second newspaper publication of the Administrator's proposed determination.

§ 1917.6 Basis of appeal.

The sole basis of an appeal shall be the possession of knowledge or information indicating that the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect.

§ 1917.7

Collection of appeal data.

(a) Appeals by private persons to the CEO.

(1) All appeals by private persons shall be submitted within ninety (90) days following the second publication of the Administrator's proposed flood elevation determination to the CEO or to such agency as he may publicly designate.

(2) Each appeal shall set forth scientific or technical data that tend to negate or contradict the Administrator's finding. (3) The CEO may specify the form in which appeals by private persons shall be made.

(b) Filing appeals with the Administrator.

(1) Copies of all individual appeals received by the CEO shall be forwarded, as soon as they are received, to the Administrator for information and placement in the Flood Elevation Determination Docket.

(2) The CEO shall review and consolidate all appeals by private persons and issue a written opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such persons by the community in its

make such modifications of his proposed determinations as may be appropriate, taking into account the written opinion, if any, issued by the community in not supporting such appeals.

(b) The Administrator's final determination shall be in written form, and copies thereof shall be sent both to the chief executive officer of the community, to each individual appellant, and to the state coordinating agency.

§ 1917.9

Procedure in cases of appeal by the community.

(a) If a community appeals the proposed flood elevation determination, the Administrator shall first attempt to resolve the appeal by consultation with local officials of the community or by seeking the advice of an independent scientific body or an appropriate Federal agency, or both.

(b) If the Administrator determines that the appeal cannot be resolved without an administrative hearing, he shall send the FEDD file to the General Counsel and request that the General Counsel arrange for a hearing under the procedures set forth in part 1918 of this subchapter.

(c) The final determination by the Administrator in cases in which an appeal is filed shall be made within a reasonable time.

AUTHORITY: Sec. 1304 (a), 82 Stat. 574 (42 U.S.C. 4012).

SOURCE: 39 FR 29606, July 24, 1974, unless otherwise noted.

§ 1918.1 Purpose of this part.

The purpose of this part is to establish procedures for appeals of the Administrator's proposed flood elevation determinations by administrative hearings pursuant to section 1363 (e) of the Act.

§ 1918.2 Right to administrative hearings.

Administrative hearings under this part shall only be held in appeals referred to the General Counsel by the Administrator in accordance with the provisions of § 1917.9 of this subchapter. § 1918.3 Administrative law judge.

Each hearing shall be conducted by an administrative law judge (hereinafter "judge') certified by the Civil Service Commission.

§ 1918.4 Establishment of docket.

The General Counsel shall establish a docket for appeals referred to him by