cfr_sections
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16 rows where part_number = 61 and title_number = 44 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 44:44:1.0.1.2.26.0.9.1 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.1 Purpose of part. | FEMA | [85 FR 43957, July 20, 2020] | This part describes the types of properties eligible for flood insurance coverage under the Program, the limits of such coverage, and the premium rates actually to be paid by insureds. | |||||
| 44:44:1.0.1.2.26.0.9.10 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.10 Requirements for issuance or renewal of flood insurance coverage. | FEMA | [89 FR 87309, Nov. 1, 2024] | (a) Issuance or renewal of flood insurance. FEMA will not issue or renew flood insurance unless FEMA receives: (1) The full amount due, which is: (i) Either: (A) Presentment of the full premium; or (B) Presentment of the first of a series of monthly premium installment payments; and (ii) Presentment of the full amount of surcharges, fees, and assessments; and (2) A complete application, including the information necessary to establish a premium rate for the policy, or submission of corrected or additional information necessary to calculate the premium for the renewal of the policy. (b) Impact of installment payments. (1) FEMA will not reduce coverage or reform the policy for any policyholder who makes timely installment payments in accordance with the terms identified in paragraph (a)(1)(i)(B) of this section. In the event of a claim occurring prior to a policyholder completing all installment payments, the policyholder must remit the balance of payment. The policyholder may settle their balance out of claim proceeds in accordance with the Standard Flood Insurance Policy. (2) FEMA shall require payment in full in the next policy term for any policyholder who fails to make all installment payments in accordance with the terms identified in paragraph (a)(1)(i)(B) of this section. | |||||
| 44:44:1.0.1.2.26.0.9.11 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.11 Effective date and time of coverage under the Standard Flood Insurance Policy—New Business Applications and Endorsements. | FEMA | [43 FR 50427, Oct. 30, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 46 FR 13514, Feb. 23, 1981; 48 FR 39069, Aug. 29, 1983; 48 FR 44544, Sept. 29, 1983; 49 FR 33656, Aug. 24, 1984; 50 FR 16242, Apr. 25, 1985; 50 FR 36026, Sept. 4, 1985; 51 FR 30309, Aug. 25, 1986; 53 FR 15211, Apr. 28, 1988; 60 FR 5585, 5586, Jan. 30, 1995; 85 FR 43958, July 20, 2020] | (a) During the 13-month period beginning on the effective date of a revised Flood Hazard Boundary Map or Flood Insurance Rate Map for a community, the effective date and time of any initial flood insurance coverage shall be 12:01 a.m. (local time) on the first calendar day after the application date and the presentment of payment of premium; for example, a flood insurance policy applied for with the payment of the premium on May 1 will become effective at 12:01 a.m. on May 2. (b) Where the initial purchase of flood insurance is in connection with the making, increasing, extension, or renewal of a loan, the coverage with respect to the property which is the subject of the loan shall be effective as of the time of the loan closing, provided the written request for the coverage is received by the NFIP and the flood insurance policy is applied for and the presentment of payment of premium is made at or prior to the loan closing. (c) Where the following conditions are met, the effective date and time of any initial purchase of flood insurance coverage for any privately-owned property will be 12:01 a.m. (local time) on the first calendar day after the application date and the presentment of payment of premium: (1) The Administrator has determined that the property is affected by flooding on Federal land that is a result of, or is exacerbated by, post-wildfire conditions, after consultation with an authorized employee of the Federal agency that has jurisdiction of the land on which the wildfire that caused the post-wildfire conditions occurred; and (2) The flood insurance coverage was purchased not later than 60 calendar days after the fire containment date, as determined by the appropriate Federal employee, relating to the wildfire that caused the post-wildfire conditions described in clause (1). (d) Except as provided by paragraphs (a), (b), and (c) of this section, the effective date and time of any new policy, added coverage, or increase in the amount of coverage will be 12:01 a.m. (local time) on the 30th cale… | |||||
| 44:44:1.0.1.2.26.0.9.12 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.12 Rates based on a flood protection system involving Federal funds. | FEMA | [43 FR 2570, Jan. 17, 1978, Redesignated at 44 FR 31177, May 31, 1979, as amended at 47 FR 43061 Sept. 30, 1982; 48 FR 39069, Aug. 29, 1983; 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 51 FR 30310, Aug. 25, 1986] | (a) Where the Federal Insurance Administrator determines that a community has made adequate progress on the construction of a flood protection system involving Federal funds which will significantly limit the area of special flood hazards, the applicable risk premium rates for any property, located within a special flood hazard area intended to be protected directly by such system will be those risk premium rates which would be applicable when the system is complete. (b) Adequate progress in paragraph (a) of this section means that the community has provided information to the Federal Insurance Administrator sufficient to determine that substantial completion of the flood protection system has been effected because: (1) 100 percent of the total financial project cost of the completed flood protection system has been authorized; (2) At least 60 percent of the total financial project cost of the completed flood protection system has been appropriated; (3) At least 50 percent of the total financial project cost of the completed flood protection system has been expended; (4) All critical features of the flood protection system, as identified by the Federal Insurance Administrator, are under construction, and each critical feature is 50 percent completed as measured by the actual expenditure of the estimated construction budget funds; and (5) The community has not been responsible for any delay in the completion of the system. (c) Each request by a community for a determination must be submitted in writing to the Risk Analysis Division, Mitigation Directorate, Federal Emergency Management Agency, Washington DC, and contain a complete statement of all relevant facts relating to the flood protection system, including, but not limited to, supporting technical data (e.g., U.S. Army Corps of Engineers flood protection project data), cost schedules, budget appropriation data and the extent of Federal funding of the system's construction. Such facts shall include information sufficient to identify all persons affected… | |||||
| 44:44:1.0.1.2.26.0.9.13 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.13 Standard Flood Insurance Policy. | FEMA | [43 FR 2570, Jan. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 44 FR 62517, Oct. 31, 1979; 48 FR 46791, Oct. 14, 1983; 58 FR 62424, Nov. 26, 1993; 85 FR 43959, July 20, 2020] | (a) Incorporation of forms. Each of the Standard Flood Insurance Policy forms included in appendix “A” hereto (General Property, Dwelling, and Residential Condominium Building Association) and by reference incorporated herein shall be incorporated into the Standard Flood Insurance Policy. (b) Endorsements. All endorsements to the Standard Flood Insurance Policy shall be final upon publication in the Federal Register for inclusion in appendix A. (c) Applications. The application and renewal application forms utilized by the National Flood Insurance Program shall be the only application forms used in connection with the Standard Flood Insurance Policy. (d) Waivers. The Standard Flood Insurance Policy and required endorsements must be used in the Flood Insurance Program, and no provision of the said documents shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator through the issuance of an appropriate amendatory endorsement, approved by the Federal Insurance Administrator as to form and substance for uniform use. (e) Authorized only under terms and conditions established by the Act and Regulation. The Standard Flood Insurance Policy is authorized only under terms and conditions established by Federal statute, the program's regulations, the Federal Insurance Administrator's interpretations, and the express terms of the policy itself. Accordingly, representations regarding the extent and scope of coverage that are not consistent with Federal statute, the program's regulations, the Federal Insurance Administrator's interpretations, and the express terms of the policy itself, are void. (f) Agent acts only for policyholder. The duly licensed property or casualty agent acts for the policyholder and does not act as agent for the Federal Government, the Federal Emergency Management Agency, the Write Your Own (WYO) program participating insurance company authorized by part 62 of this chapter, or the NFIP servicing agent. (g) Oral and written b… | |||||
| 44:44:1.0.1.2.26.0.9.14 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.14 Standard Flood Insurance Policy Interpretations. | FEMA | [43 FR 2570, Jan. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 39072, Aug. 29, 1983] | (a) Definition. A Standard Flood Insurance Policy Interpretation is a written determination by the Federal Insurance Administrator construing the scope of the flood insurance coverage that has been and is provided under the policy. (b) Publication and requests for interpretation. The Federal Insurance Administrator shall, pursuant to these regulations from time to time, issue interpretative rulings regarding the provisions of the Standard Flood Insurance Policy. Such Interpretations shall be published in the Federal Register, made a part of appendix C to these regulations, and incorporated by reference as part of these regulations. Any policyholder or person in privity with a policyholder may file a request for an interpretation in writing with the Federal Insurance Administration, Federal Emergency Management Agency, Washington, DC 20472. | |||||
| 44:44:1.0.1.2.26.0.9.15 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.16 Probation additional premium. | FEMA | [50 FR 36026, Sept. 4, 1985, as amended at 57 FR 19541, May 7, 1992; 74 FR 15340, Apr. 3, 2009] | The additional premium charged pursuant to § 59.24(b) on each policy sold or renewed within a community placed on probation prior to October 1, 1992, is $25.00. Where the community was placed on probation on or after October 1, 1992, the additional premium charge is $50.00.” | |||||
| 44:44:1.0.1.2.26.0.9.16 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.17 Group Flood Insurance Policy. | FEMA | [65 FR 60769, Oct. 12, 2000, as amended at 67 FR 61462, Sept. 30, 2002; 85 FR 43959, July 20, 2020] | (a) A Group Flood Insurance Policy (GFIP) is a policy covering all individuals named by a State as recipients under section 408 of the Stafford Act (42 U.S.C. 5174) of an Individuals and Households Program (IHP) award for flood damage as a result of major disaster declaration by the President. (b) The premium for the GFIP is a flat fee of $600 per insured. We may adjust the premium to reflect NFIP loss experience and any adjustment of benefits under the IHP program. (c) The amount of coverage is equivalent to the maximum grant amount established under section 408 of the Stafford Act (42 U.S.C. 5174). (d) The term of the GFIP is for 36 months and begins 60 days after the date of the disaster declaration. (e) Coverage for individual grantees begins on the thirtieth day after the NFIP receives the required data for individual grantees and their premium payments. (f) We will send a Certificate of Flood Insurance to each individual insured under the GFIP. (g) The GFIP is the Standard Flood Insurance Policy Dwelling Form (a copy of which is included in appendix A(1) of this part), except that: (1) VI. DEDUCTIBLES does not apply to the GFIP. A special deductible of $200 (applicable separately to any building loss and any contents loss) applies to insured flood-damage losses sustained by the insured property in the course of any subsequent flooding event during the term of the GFIP. The deductible does not apply to: (i) III.C.2. Loss Avoidance Measures; or (ii) III. C.3. Condominium Loss Assessments coverage. (2) VIII. POLICY NULLIFICATION, CANCELLATION, AND NON-RENEWAL, C. Cancellation of the Policy by You, does not apply to the GFIP. (3) VII. GENERAL CONDITIONS, E. Policy Renewal, does not apply to the GFIP. (h) We will send a notice to the GFIP certificate holders approximately 60 days before the end of the thirty-six month term of the GFIP. The notice will encourage them to contact a local insurance agent or producer or a private insurance company selling NFIP policies under the Write Your Own program of … | |||||
| 44:44:1.0.1.2.26.0.9.2 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.2 Definitions. | FEMA | The definitions set forth in part 59 of this subchapter are applicable to this part. | ||||||
| 44:44:1.0.1.2.26.0.9.3 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.3 Coverage and benefits provided under the Standard Flood Insurance Policy. | FEMA | [85 FR 43957, July 20, 2020] | (a) Insurance coverage under the Program is available for buildings and their contents. Coverage for each may be purchased separately. (b) In addition to building and contents coverage, the Dwelling Form of the Standard Flood Insurance Policy (SFIP) covers debris removal, loss avoidance measures, and condominium loss assessments. The General Property Form of the SFIP covers debris removal, loss avoidance measures, and pollution damage. The Residential Condominium Building Association Policy Form of the SFIP covers debris removal and loss avoidance measures. (c) With the purchase of building coverage, the Standard Flood Insurance Policy covers the costs associated with bringing the building into compliance with local floodplain ordinances. | |||||
| 44:44:1.0.1.2.26.0.9.4 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.4 Properties in violation of law, regulation, or ordinance. | FEMA | [89 FR 87309, Nov. 1, 2024] | No new flood insurance or renewal of flood insurance policies will be written for properties declared by a duly constituted State or local zoning or other authority to be in violation of any floodplain, mudslide ( i.e., mudflow), or flood-related erosion area management or control law, regulation, or ordinance. | |||||
| 44:44:1.0.1.2.26.0.9.5 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.5 Deductibles. | FEMA | [85 FR 43958, July 20, 2020] | FEMA must provide policyholders with deductible options in various amounts, up to and including $10,000, subject to the following minimum deductible amounts: (a) The minimum deductible for policies covering pre-FIRM buildings charged less than full-risk rates with building coverage amounts less than or equal to $100,000 is $1,500. (b) The minimum deductible for policies covering pre-FIRM buildings charged less than full-risk rates with building coverage amounts greater than $100,000 is $2,000. (c) The minimum deductible for policies covering post-FIRM buildings and pre-FIRM buildings charged full risk rates, with building coverage amounts equal to or less than $100,000 is $1,000. (d) The minimum deductible for policies covering post-FIRM buildings and pre-FIRM buildings charged full risk rates, with building coverage amounts greater than $100,000 is $1,250. | |||||
| 44:44:1.0.1.2.26.0.9.6 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.6 Maximum amounts of coverage available. | FEMA | [85 FR 43958, July 20, 2020; 86 FR 10029, Feb. 18, 2021, as amended at 86 FR 62104, Nov. 9, 2021] | (a) Pursuant to section 1306 of the Act, the following are the limits of coverage available under the emergency program and under the regular program. Table 1 to Paragraph ( a )—Maximum Amounts of Coverage Available 1 1 This Table provides the maximum coverage amounts available under the Emergency Program and the Regular Program, and the columns cannot be aggregated to exceed the limits in the Regular Program, which are established by statute. The aggregate limits for building coverage are the maximum coverage amounts allowed by statute for each building included in the relevant Occupancy Category. 2 The policy limits for contents coverage are not per building. Although a single insured may not have more than one policy covering contents in a building, several insureds may have separate policies of up to the policy limits. 3 The Residential Property occupancy category includes the Single-Family Dwelling, Two-to-Four Family Building, Other Residential Building, and Condominium Building occupancies categories. * In Alaska, Guam, Hawaii, and U.S. Virgin Islands, the amount available is $50,000. ** In Alaska, Guam, Hawaii, and U.S. Virgin Islands, the amount available is $150,000. (b) Coverage and benefits payable under the SFIP pursuant to § 61.3(b) and (c) are included in, not in addition to, the coverage limits provided by the Act or stated in paragraph (a) of this section. | |||||
| 44:44:1.0.1.2.26.0.9.7 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.7 Risk premium rate determinations. | FEMA | (a) Pursuant to section 1307 of the Act, the Federal Insurance Administrator is authorized to undertake studies and investigations to enable him/her to estimate the risk premium rates necessary to provide flood insurance in accordance with accepted actuarial principles, including applicable operating costs and allowances. Such rates are also referred to in this subchapter as “actuarial rates.” (b) The Federal Insurance Administrator is also authorized to prescribe by regulation the rates which can reasonably be charged to insureds in order to encourage them to purchase the flood insurance made available under the Program. Such rates are referred to in this subchapter as “chargeable rates.” For areas having special flood, mudslide (i.e., mudflow), and flood-related erosion hazards, chargeable rates are usually lower than actuarial rates. | ||||||
| 44:44:1.0.1.2.26.0.9.8 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.8 Applicability of risk premium rates. | FEMA | Risk premium rates are applicable to all flood insurance made available for: (a) Any structure, the construction or substantial improvement of which was started after December 31, 1974 or on or after the effective date of the initial FIRM, whichever is later. (b) Coverage which exceeds the following limits: (1) For dwelling properties in States other than Alaska, Hawaii, the Virgin Islands, and Guam (i) $35,000 aggregate liability for any property containing only one unit, (ii) $100,000 for any property containing more than one unit, and (iii) $10,000 liability per unit for any contents related to such unit. (2) For dwelling properties in Alaska, Hawaii, the Virgin Islands, and Guam (i) $50,000 aggregate liability for any property containing only one unit, (ii) $150,000 for property containing more than one unit, and (iii) $10,000 aggregate liability per unit for any contents related to such unit. (3) For churches and other properties (i) $100,000 for the structure and (ii) $100,000 for contents of any such unit. (c) Any structure or the contents thereof for which the chargeable rates prescribed by this part would exceed the risk premium rates. | ||||||
| 44:44:1.0.1.2.26.0.9.9 | 44 | Emergency Management and Assistance | I | B | 61 | PART 61—INSURANCE COVERAGE AND RATES | § 61.9 Establishment of chargeable rates. | FEMA | [64 FR 13116, Mar. 17, 1999, as amended at 67 FR 8905, Feb. 27, 2002; 68 FR 15668, Apr. 1, 2003; 72 FR 61737, Oct. 31, 2007] | (a) Under section 1308 of the Act, we are establishing annual chargeable rates for each $100 of flood insurance coverage as follows for Pre-FIRM, A zone properties, Pre-FIRM, V-zone properties, and emergency program properties. 1 1 A zones are zones A1-A30, AE, AO, AH, and unnumbered A zones. 2 V zones are zones V1-V30, VE, and unnumbered V zones. 3 Residential Condominium Building Association Policies (RCBAP) are distinguished between High Rise (those structures that have 3 or more floors and 5 or more units) and Low Rise (those structures that have either less than 3 floors or less than 5 units). (b) We will charge rates for contents in pre-FIRM buildings according to the use of the building. (c) A-zone rates for buildings without basements or enclosures apply uniformly to all buildings throughout emergency program communities. (d) Properties that meet the definition of Severe Repetitive Loss properties as defined in § 79.2(g) of this subchapter, and who refuse an offer of mitigation pursuant to § 79.7 of this subchapter are not eligible for the rates identified in paragraphs (a) through (c) of this section. (e) Properties leased from the Federal Government and located either on the river-facing side of a dike, levee, or other riverine flood control structure, or seaward of any seawall or other coastal flood control structure are not eligible for the rates identified in paragraphs (a) through (c) of this section. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);