[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75281-75283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26614]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0050; OMB No. 1660-0005]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; FEMA Inspection and Claims Forms

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: 60-Day notice of revision and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its 
continuing effort to reduce paperwork and respondent burden, invites 
the general public to take this opportunity to comment on an extension, 
with change, of a previously approved information collection. In 
accordance with the Paperwork Reduction Act of 1995, this notice seeks 
comments concerning the collection of information related to the flood 
insurance claims process and the housing inspection damage assessment 
process.

DATES: Comments must be submitted on or before February 6, 2023.

ADDRESSES: To avoid duplicate submissions to the docket, please submit 
comments at www.regulations.gov under Docket ID FEMA-2022-0050. Follow 
the instructions for submitting comments.
    All submissions received must include the agency name and Docket 
ID. Regardless of the method used for submitting comments or material, 
all submissions will be posted, without change, to the Federal 
eRulemaking Portal at https://www.regulations.gov, and will include any 
personal information you provide. Therefore, submitting this 
information makes it public. You may wish to read the Privacy and 
Security Notice that is available via a link on the homepage of 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Pertaining to claims forms, contact: 
Daniel Claire, Insurance Examiner, FEMA Resilience, (202) 552-9891 or 
[email protected]. Pertaining to housing inspection 
instruments, contact: Todd Milliron, Supervisory Program Specialist, 
FEMA Office of Response and Recovery, (540) 686-3844 or 
[email protected]. You may contact the Information Management 
Division for copies of the proposed collection of information at email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Pertaining to National Flood Insurance 
Program (NFIP) Direct claim forms, Congress created the NFIP through 
the National Flood Insurance Act of 1968 (NFIA) (Title XIII of Public 
Law 90-448, 82 Stat. 476), codified at 42 U.S.C. 4001 et seq. The NFIP 
enables property owners in participating communities to purchase flood 
insurance. Communities participate in the NFIP based on an agreement 
between the community and Federal Emergency Management Agency (FEMA). 
If a community adopts and enforces a floodplain management ordinance to 
reduce future flood risk to new construction in floodplains, FEMA make 
flood insurance available within the community as a financial 
protection against flood losses. Accordingly, the NFIP is comprised of 
three key activities: flood insurance, floodplain management, and flood 
hazard mapping.
    A prospective policyholder may purchase an NFIP flood insurance 
policy, known as a Standard Flood Insurance Policy (SFIP), either: (1) 
directly from the Federal Government through a direct servicing agent 
(referred to as ``NFIP Direct''), or (2) from a participating private 
insurance company through the Write Your Own (WYO) Program. See 44 CFR 
62.23-24. The SFIP is a single-peril (flood) policy that pays for 
direct physical damage to insured property. There are three policy 
forms (i.e., insurance contracts) of the SFIP: (1) Dwelling Form, (2) 
General Property Form, and (3) Residential Condominium Building 
Association Policy (RCBAP) Form, which are published in FEMA's 
regulations. See 44 CFR 61.13; see also 44 CFR part 61,

[[Page 75282]]

Appendices A(1), A(2), and A(3). The SFIP sets out the terms and 
conditions of insurance. FEMA establishes terms, rate structures, and 
premium costs of the SFIP. The terms, coverage limits, and flood 
insurance premiums are the same whether purchased from the NFIP Direct 
or the WYO Program. See 44 CFR 62.23(c), (h).
    All flood loss claims presented under the NFIP are paid directly 
with U.S. Treasury funds, regardless of whether the policy is issued by 
the NFIP Direct or by a WYO company. The information in the NFIP Direct 
collection includes all the data necessary to adjudicate claims for 
damages and provide SFIP benefits resulting from flood losses.
    In addition to the requirements of the NFIA, section 205 of the 
Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 
U.S.C. 4011 note) required FEMA to establish a claims appeals process. 
See 44 CFR 62.20.
    Pertaining to housing inspections, also part of this collection, 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), Public Law 93-288, as amended, is the legal basis for 
FEMA to provide financial assistance and services to individuals 
applying for disaster assistance benefits in the event of a Federally 
declared disaster. Regulations in 44 CFR 206.110--Federal Assistance to 
Individuals and Households implement the policy and procedures set 
forth in Section 408 of the Stafford Act, 42 U.S.C. 5174, as amended.
    This program provides financial assistance and, if necessary, 
direct assistance to eligible individuals and households who, as a 
direct result of a major disaster or emergency, have uninsured or 
under-insured expenses, and serious needs, and are unable to meet such 
expenses or needs through other means.
    Individuals and households applying for assistance must provide 
information detailing their losses and needs through the disaster 
assistance registration process covered under collection 1660-0002, 
Disaster Assistance Registration. If FEMA determines the applicant had 
home or personal property damage, has no insurance, or that the 
applicant's insurance coverage may not meet their needs, an inspection 
is needed to verify disaster caused damage.
    All pertinent information for a specific applicant is stored under 
a unique registration identification (ID) within the National Emergency 
Management Information System (NEMIS). An inspection request occurs due 
to NEMIS-driven business rules (automatically), applicant request, or a 
FEMA caseworker request. The scope of an inspection for owners includes 
noting real and personal property (furnishing and appliances) damages 
to the interior and exterior of the dwelling, addressing special needs, 
transportation, unmet needs, and miscellaneous purchases. Inspectors do 
not note real property specifications for renters.
    Once the inspector validates the information provided by the 
applicant during registration intake, the inspector begins an 
assessment of real and/or personal property damages utilizing Automated 
Construction Estimator (ACE) software. The same ACE software screens 
are used regardless of how the inspection occurs (i.e., via onsite, via 
voice over the phone, or via video). The inspector then uploads this 
information back to FEMA via the NEMIS through use of a secure 
connection. The inspector only records observed disaster caused damages 
and does not determine eligibility or damage award levels. FEMA's 
policies and business rules determine eligibility and award levels 
based upon the damage assessment, and other available information.
    For this submission, FEMA identified two NFIP Direct claim forms in 
which necessary data could be combined or collected in other forms or 
systems, thereby eliminating the need for those forms, and reducing 
duplicative information collection. Accordingly, FEMA proposes to 
remove the following two forms from this collection: (1) FEMA Form FF-
206-FY-21-113, Advance Payment Request--Building & Contents, and (2) 
FEMA Form FF-206-FY-21-114, Advance Payment Request--Increased Cost of 
Compliance (ICC).

Collection of Information

    Title: FEMA Inspection and NFIP Direct Claims Forms.
    Type of Information Collection: Extension, with change, of a 
currently approved information collection.
    OMB Number: 1660-0005.
    FEMA Forms: FEMA Form FF-206-FY-21-106, Personal Property 
(Contents) Worksheet; FEMA Form FF-206-FY-21-107, Building Property 
Worksheet; FEMA Form FF-206-FY-21-108, Proof of Loss--Building & 
Contents (Policyholder-Prepared); FEMA Form FF-206-FY-21-109, Proof of 
Loss--Increased Cost of Compliance (ICC); FEMA Form FF-206-FY-21-110, 
First Notice of Loss; FEMA Form FF-206-FY-21-111, Manufactured (Mobile) 
Home/Travel Trailer Worksheet; FEMA Form FF-206-FY-21-112, Proof of 
Loss--Building & Contents (Adjuster-Prepared); FEMA Form FF-206-FY-21-
115, Claim Appeal; FEMA Form FF-104-FY-22-220, Onsite Housing 
Inspections; FEMA Form FF-104-FY-22-221, Remote Voice Telephony Housing 
Inspections; and FEMA Form FF-104-FY-22-222, Remote Video Telephony 
Housing Inspections.
    Abstract: After a flood loss, claims forms are used by NFIP Direct 
policyholders to provide information needed to investigate, document, 
evaluate, and adjudicate claims against FEMA policies for flood damage 
to insured property or determine eligibility and settlement for 
benefits under Coverage D, Increased Cost of Compliance coverage. After 
a federally-declared disaster, FEMA inspectors use household inspection 
instruments to verify applicant information and document damage to 
determine award eligibility.
    Affected Public: Individuals or households, businesses or other 
for-profit, not-for-profit institutions, and state, local or tribal 
governments.
    Estimated Number of Respondents: 302,360.
    Estimated Number of Responses: 302,360.
    Estimated Total Annual Burden Hours: 309,621.
    Estimated Total Annual Respondent Cost: $12,573,707.
    Estimated Respondents' Operation and Maintenance Costs: $0.00.
    Estimated Respondents' Capital and Start-Up Costs: $0.00.
    Estimated Total Annual Cost to the Federal Government: 
$103,103,676.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption 
above. 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,

[[Page 75283]]

e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative 
Officer, Mission Support, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. 2022-26614 Filed 12-7-22; 8:45 am]
BILLING CODE 9111-52-P


