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Federal Emergency Management Agency, DHS § 75.3
finding by the Administrator of a valid PART 75—EXEMPTION OF STATE-
declaration of a violation. OWNED PROPERTIES UNDER SELF-
(c) States and communities shall de-
termine whether to submit a declara-
INSURANCE PLAN
tion to the Administrator for the de- Subpart A—General
nial of insurance.
(d) A valid declaration shall consist Sec.
of: 75.1 Purpose of part.
(1) The name(s) of the property 75.2 Definitions.
75.3 Burden of proof.
owner(s) and address or legal descrip-
tion of the property sufficient to con- Subpart B—Standards for Exemption
firm its identity and location;
(2) A clear and unequivocal declara- 75.10 Applicability.
tion that the property is in violation of 75.11 Standards.
a cited State or local law, regulation or 75.12 Application by a State for exemption.
75.13 Review by the Director.
ordinance; 75.14 States exempt under this part.
(3) A clear statement that the public
body making the declaration has au- AUTHORITY: 42 U.S.C. 4001 et seq.; Reorga-
nization Plan No. 3 of 1978, 43 FR 41943, 3
thority to do so and a citation to that
CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
authority; 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.
(4) Evidence that the property owner
has been provided notice of the viola- SOURCE: 41 FR 46991, Oct. 26, 1976, unless
otherwise noted. Redesignated at 44 FR 31177,
tion and the prospective denial of in- May 31, 1979.
surance; and
(5) A clear statement that the dec-
laration is being submitted pursuant to Subpart A—General
section 1316 of the National Flood In- §75.1 Purpose of part.
surance Act of 1968, as amended.
The purpose of this part is to estab-
§ 73.4 Restoration of flood insurance lish standards with respect to the Ad-
coverage. ministrator’s determinations that a
(a) Insurance availability shall be re- State’s plan of self-insurance is ade-
stored to a property upon a finding by quate and satisfactory for the purposes
the Administrator of a valid rescission of exempting such State, under the
of a declaration of a violation. provisions of section 102(c) of the Act,
(b) A valid rescission shall be sub- from the requirement of purchasing
mitted to the Administrator and shall flood insurance coverage for State-
consist of: owned structures and their contents in
(1) The name of the property owner(s) areas identified by the Administrator
and an address or legal description of as A, AO, AH, A1–30, AE, AR, AR/A1–30,
the property sufficient to identify the AR/AE, AR/AO, AR/AH, AR/A, A99, M,
property and to enable FEMA to iden- V, VO, V1–30, VE, and E Zones, in
tify the previous declaration; which the sale of insurance has been
(2) A clear and unequivocal state- made available, and to establish the
ment by an authorized public body re- procedures by which a State may re-
scinding the declaration and giving the quest exemption under section 102(c).
reason(s) for the rescission; [62 FR 55719, Oct. 27, 1997]
(3) A description of and supporting
documentation for the measures taken § 75.2 Definitions.
in lieu of denial of insurance in order The definitions set forth in part 59 of
to bring the structure into compliance this subchapter are applicable to this
with the local flood plain management part.
regulations; and
(4) A clear statement that the public § 75.3 Burden of proof.
body rescinding the declaration has the In any application made by a State
authority to do so and a citation to to the Administrator for certification
that authority. of its self-insurance plan, the burden of
proof shall rest upon the State making
PART 74 [RESERVED] application to establish that its policy
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