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561.12 . acting in the capacity of an agent of a Write-Your-Own (WYO) Company au- thoriZed by 44 CFR 62.23, is under writ- ten contract to or is an employee of such Company, and such WYO Com- pany is, at the time of such submission of an application in connection with new business or a renewal of or en- dorsement to flood insurance coverage, engaged in WYO business under an ar- rangement entered into by the Admin- istrator and the WYO Company pursu- ant to i62.23. (g) Subject to the provisions of para- graph (f) of this section, the rules set forth in paragraphs (a), (b), (c), (d) and (e) of this section apply to WYO Com- panies, except that premium payments and accompanying applications and en- dorsements shall be mailed to and re- ceived by the WYO Company, rather than the NFIP. [43 FR 50427, Oct. 30, 1978. Redesignated a.t 44 FR 3llT1. May 31. 1979. as amended a.t 46 FR 13514. Feb. 23. 1981: 46 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) i 61.12 Rates based on a flood protec. tion system involving Federal funds. (a) Where the Administrator deter- mines that a co=unity has made ade- Quate progress on the construction of a flood protection system involving Fed- eral 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 pr0- tected direCtly by such system will be those risk premium rates which would be applicable when the system is com- plete. (b) Adequate progress in paragraph (a) of this section means that the com- munity has provided information to the AdTTlin;~trator sufficient to deter- mine that substantial completion of the flood protection system has been effected because: (1) 100 percent of the total imancial project cost of the completed flood pro- tection system has been authorized; (2) At least 60 percent of the total fi- nancial project cost of the completed . I · 44 CFR Ch. I (llH-97 Edition) .... . ." flood protection system has been ap- propriated; (3) At least 50 percent of the total fi- nancial project cost of the completed flood protection system has been ex- pended; (4) All critical features of the flood protection system, as identified by the Administrator, are under construction, and each critical feature is 50 percent completed as measured by the actual expenditure of the estimated construc- tion budget funds; and (5) The co=unity has not been re- sponsible for any delay in the comple- tion of the system. (c) Each request by a co=unity for a determination must be submitted in writing to the Risk Studies Division, Office of Risk Assessment, Federal In- surance Administration, Federal Emer- gency Management Agency, Wuhing- ton DC, and contain a complete state- ment of all relevant facts relating to the flood protection system, including, but not limited to, supporting tech- nical data (e.g., U.S. Army Corps of En- gineers 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 suffi- cient to identify all persons affected by such flood protection system or by such request: A full and precise state- ment of intended purposes of the flood protection system; and a carefully de- tailed description of such project, in- cluding construction completion target dates. In addition, true copies of all contracts, agreements, leases, insttu- ments, and other documents involved mwit be submitted with the request. Relevant facts reflected in documents, however. must be included in the state- ment and not merely incorporated by reference, and must be accompanied by an analysis of their bearing on the re- quirements of paragraph (b) of this sec- tion, specifying the pertinent provi- sions. The request must contain a statement whether, to the best of the knowledge of the person responsible for preparing the application for the com- munity, the flood protection system is currently the subject matter of litiga- tion before any Federal, State or local court or administrative agency, and . ;. . . .'. '.... .......... '", ," ..... '. ....... . .." " .. . ".,: . .... . '. '. 254