Administrator agrees
                                                    with; test plan
                                                    approval procedures;
                                                    performance audit
                                                    requirements; internal
                                                    and external QA
                                                    procedures for testing.
Sec.   63.7(d)...............  Testing Facilities  Requirements for         Yes..............  Yes.
                                                    testing facilities.
Sec.   63.7(e)(1)............  Performance         Performance tests must   Yes..............  No, see Sec.
                                Testing.            be conducted under                          63.2262(a)-(b).
                                                    representative
                                                    conditions; cannot
                                                    conduct performance
                                                    tests during SSM; not
                                                    a violation to exceed
                                                    standard during SSM.
Sec.   63.7(e)(2)............  Conditions for      Must conduct according   Yes..............  Yes.
                                Conducting          to rule and EPA test
                                Performance Tests.  methods unless
                                                    Administrator approves
                                                    alternative.

Sec.   63.7(e)(3)............  Test Run Duration.  Must have three test     Yes..............  Yes.
                                                    runs for at least the
                                                    time specified in the
                                                    relevant standard;
                                                    compliance is based on
                                                    arithmetic mean of
                                                    three runs; specifies
                                                    conditions when data
                                                    from an additional
                                                    test run can be used.
Sec.   63.7(f)...............  Alternative Test    Procedures by which      Yes..............  Yes.
                                Method.             Administrator can
                                                    grant approval to use
                                                    an alternative test
                                                    method.
Sec.   63.7(g)...............  Performance Test    Must include raw data    Yes..............  Yes.
                                Data Analysis.      in performance test
                                                    report; must submit
                                                    performance test data
                                                    60 days after end of
                                                    test with the
                                                    notification of
                                                    compliance status;
                                                    keep data for 5 years.
Sec.   63.7(h)...............  Waiver of Tests...  Procedures for           Yes..............  Yes.
                                                    Administrator to waive
                                                    performance test.
Sec.   63.8(a)(1)............  Applicability of    Subject to all           Yes..............  Yes.
                                Monitoring          monitoring
                                Requirements.       requirements in
                                                    standard.
Sec.   63.8(a)(2)............  Performance         Performance              Yes..............  Yes.
                                Specifications.     specifications in
                                                    appendix B of part 60
                                                    of this chapter apply.
Sec.   63.8(a)(3)............  [Reserved]........
Sec.   63.8(a)(4)............  Monitoring with     Requirements for flares  NA...............  NA.
                                Flares.             in Sec.   63.11 apply.
Sec.   63.8(b)(1)............  Monitoring........  Must conduct monitoring  Yes..............  Yes.
                                                    according to standard
                                                    unless Administrator
                                                    approves alternative.
Sec.   63.8(b)(2)-(3)........  Multiple Effluents  Specific requirements    Yes..............  Yes.
                                and Multiple        for installing
                                Monitoring          monitoring systems;
                                Systems.            must install on each
                                                    effluent before it is
                                                    combined and before it
                                                    is released to the
                                                    atmosphere unless
                                                    Administrator approves
                                                    otherwise; if more
                                                    than one monitoring
                                                    system on an emission
                                                    point, must report all
                                                    monitoring system
                                                    results, unless one
                                                    monitoring system is a
                                                    backup.
Sec.   63.8(c)(1)............  Monitoring System   Maintain monitoring      Yes..............  Yes.
                                Operation and       system in a manner
                                Maintenance.        consistent with and
                                                    good air pollution
                                                    control practices.
Sec.   63.8(c)(1)(i).........  Operation and       Must maintain and        Yes..............  No.
                                Maintenance of      operate CMS in
                                CMS.                accordance with Sec.
                                                    63.6(e)(1).
Sec.   63.8(c)(1)(ii)........  Spare Parts for     Must maintain spare      Yes..............  Yes.
                                CMS.                parts for routine CMS
                                                    repairs.
Sec.   63.8(c)(1)(iii).......  Requirements to     Must develop and         Yes..............  No.
                                Develop SSMP for    implement SSMP for CMS.
                                CMS.
Sec.   63.8(c)(2)-(3)........  Monitoring System   Must install to get      Yes..............  Yes.
                                Installation.       representative
                                                    emission of parameter
                                                    measurements; must
                                                    verify operational
                                                    status before or at
                                                    performance test.
Sec.   63.8(c)(4)............  CMS Requirements..  CMS must be operating    Yes..............  Yes.
                                                    except during
                                                    breakdown, out-of-
                                                    control, repair,
                                                    maintenance, and high-
                                                    level calibration
                                                    drifts; COMS must have
                                                    a minimum of one cycle
                                                    of sampling and
                                                    analysis for each
                                                    successive 10-second
                                                    period and one cycle
                                                    of data recording for
                                                    each successive 6-
                                                    minute period; CEMS
                                                    must have a minimum of
                                                    one cycle of operation
                                                    for each successive 15-
                                                    minute period.
Sec.   63.8(c)(5)............  Continuous Opacity  COMS minimum procedures  NA...............  NA.
                                Monitoring System
                                (COMS) Minimum
                                Procedures.
Sec.   63.8(c)(6)-(8)........  CMS Requirements..  Zero and high-level      Yes..............  Yes.
                                                    calibration check
                                                    requirements; out-of-
                                                    control periods.
Sec.   63.8(d)(1)-(2)........  CMS Quality         Requirements for CMS     Yes. Refer to      Yes. Refer to
                                Control.            quality control,         Sec.               Sec.
                                                    including calibration,   63.2269(a)-(c)     63.2269(a)-(c)
                                                    etc..                    for CPMS quality   for CPMS quality
                                                                             control            control
                                                                             procedures to be   procedures to be
                                                                             included in the    included in the
                                                                             quality control    quality control
                                                                             program.           program.
Sec.   63.8(d)(3)............  Written Procedures  Must keep quality        Yes..............  No, see Sec.
                                for CMS.            control plan on record                      63.2282(f).
                                                    for 5 years. Keep old
                                                    versions for 5 years
                                                    after revisions. May
                                                    incorporate as part of
                                                    SSMP to avoid
                                                    duplication..
Sec.   63.8(e)...............  CMS Performance     Notification,            Yes, for CEMS....  Yes, for CEMS.
                                Evaluation.         performance evaluation
                                                    test plan, reports.
Sec.   63.8(f)(1)-(5)........  Alternative         Procedures for           Yes..............  Yes.
                                Monitoring Method.  Administrator to
                                                    approve alternative
                                                    monitoring.
Sec.   63.8(f)(6)............  Alternative to      Procedures for           Yes, for CEMS....  Yes, for CEMS.
                                Relative Accuracy   Administrator to
                                Test.               approve alternative
                                                    relative accuracy
                                                    tests for CEMS.
Sec.   63.8(g)...............  Data Reduction....  COMS 6-minute averages   Yes..............  Yes.
                                                    calculated over at
                                                    least 36 evenly spaced
                                                    data points; CEMS 1
                                                    hour averages computed
                                                    over at least 4
                                                    equally spaced data
                                                    points; data that
                                                    can't be used in
                                                    average; rounding of
                                                    data.
Sec.   63.9(a)...............  Notification        Applicability and State  Yes..............  Yes.
                                Requirements.       delegation.
Sec.   63.9(b)(1)-(2)........  Initial             Submit notification 120  Yes..............  Yes.
                                Notifications.      days after effective
                                                    date; contents of
                                                    notification.
Sec.   63.9(b)(3)............  [Reserved]........

Sec.   63.9(b)(4)-(5)........  Initial             Submit notification 120  Yes..............  Yes.
                                Notifications.      days after effective
                                                    date; notification of
                                                    intent to construct/
                                                    reconstruct;
                                                    notification of
                                                    commencement of
                                                    construct/reconstruct;
                                                    notification of
                                                    startup; contents of
                                                    each.
Sec.   63.9(c)...............  Request for         Can request if cannot    Yes..............  Yes.
                                Compliance          comply by date or if
                                Extension.          installed best
                                                    available control
                                                    technology/lowest
                                                    achievable emission
                                                    rate.
Sec.   63.9(d)...............  Notification of     For sources that         Yes..............  Yes.
                                Special             commence construction
                                Compliance          between proposal and
                                Requirements for    promulgation and want
                                New Source.         to comply 3 years
                                                    after effective date.
Sec.   63.9(e)...............  Notification of     Notify EPA               Yes..............  Yes.
                                Performance Test.   Administrator 60 days
                                                    prior.
Sec.   63.9(f)...............  Notification of     Notify EPA               No...............  No.
                                Visible Emissions/  Administrator 30 days
                                Opacity Test.       prior.
Sec.   63.9(g)...............  Additional          Notification of          Yes..............  Yes.
                                Notifications       performance
                                When Using CMS.     evaluation;
                                                    notification using
                                                    COMS data;
                                                    notification that
                                                    exceeded criterion for
                                                    relative accuracy.
Sec.   63.9(h)(1)-(6)........  Notification of     Contents; due 60 days    Yes..............  Yes.
                                Compliance Status.  after end of
                                                    performance test or
                                                    other compliance
                                                    demonstration, except
                                                    for opacity/VE, which
                                                    are due 30 days after;
                                                    when to submit to
                                                    Federal vs. State
                                                    authority.
Sec.   63.9(i)...............  Adjustment of       Procedures for           Yes..............  Yes.
                                Submittal           Administrator to
                                Deadlines.          approve change in when
                                                    notifications must be
                                                    submitted.
Sec.   63.9(j)...............  Change in Previous  Must submit within 15    Yes..............  Yes.
                                Information.        days after the change.
Sec.   63.10(a)..............  Recordkeeping/      Applies to all, unless   Yes..............  Yes.
                                Reporting.          compliance extension;
                                                    when to submit to
                                                    Federal vs. State
                                                    authority; procedures
                                                    for owners of more
                                                    than one source.
Sec.   63.10(b)(1)...........  Recordkeeping/      General Requirements;    Yes..............  Yes.
                                Reporting.          keep all records
                                                    readily available;
                                                    keep for 5 years.
Sec.   63.10(b)(2)(i)........  Recordkeeping of    Records of occurrence    Yes..............  No, see Sec.
                                Occurrence and      and duration of each                        63.2282(a).
                                Duration of         startup or shutdown
                                Startups and        that causes source to
                                Shutdowns.          exceed emission
                                                    limitation.
Sec.   63.10(b)(2)(ii).......  Recordkeeping of    Records of occurrence    Yes..............  No, see Sec.
                                Failures to Meet    and duration of each                        63.2282(a) for
                                a Standard.         malfunction of                              recordkeeping of
                                                    operation or air                            (1) date, time
                                                    pollution control and                       and duration;
                                                    monitoring equipment.                       (2) listing of
                                                                                affected source
                                                                                or equipment,
                                                                                and an estimate
                                                                                of the quantity
                                                                                of each
                                                                                regulated
                                                                                pollutant
                                                                                emitted over the
                                                                                standard; and
                                                                                (3) actions to
                                                                                minimize
                                                                                emissions and
                                                                                correct the
                                                                                failure.
Sec.   63.10(b)(2)(iii)......  Maintenance         Records of maintenance   Yes..............  Yes.
                                Records.            performed on air
                                                    pollution control and
                                                    monitoring equipment.
Sec.   63.10(b)(2)(iv)-(v)...  Actions Taken to    Records of actions       Yes..............  No.
                                Minimize            taken during SSM to
                                Emissions During    minimize emissions.
                                SSM.
Sec.   63.10(b)(2)(vi) and     CMS Records.......  Malfunctions,            Yes..............  Yes.
 (x)-(xi).                                          inoperative, out-of-
                                                    control.
Sec.   63.10(b)(2)(vii)-(ix).  Records...........  Measurements to          Yes..............  Yes.
                                                    demonstrate compliance
                                                    with compliance
                                                    options and operating
                                                    requirements;
                                                    performance test,
                                                    performance
                                                    evaluation, and
                                                    visible emission
                                                    observation results;
                                                    measurements to
                                                    determine conditions
                                                    of performance tests
                                                    and performance
                                                    evaluations.
Sec.   63.10(b)(2)(xii)......  Records...........  Records when under       Yes..............  Yes.
                                                    waiver.
Sec.   63.10(b)(2)(xiii).....  Records...........  Records when using       Yes..............  Yes.
                                                    alternative to
                                                    relative accuracy test.
Sec.   63.10(b)(2)(xiv)......  Records...........  All documentation        Yes..............  Yes.
                                                    supporting initial
                                                    notification and
                                                    notification of
                                                    compliance status.
Sec.   63.10(b)(3)...........  Records...........  Applicability            Yes..............  Yes.
                                                    determinations.
Sec.   63.10(c)(1)-(6), (9)-   Records...........  Additional records for   Yes..............  Yes.
 (14).                                              CMS.
Sec.   63.10(c)(7)-(8).......  Records...........  Records of excess        No...............  No.
                                                    emissions and
                                                    parameter monitoring
                                                    exceedances for CMS.
Sec.   63.10(c)(15)..........  Use of SSMP.......  Use SSMP to satisfy      Yes..............  No.
                                                    recordkeeping
                                                    requirements for
                                                    identification of
                                                    malfunction,
                                                    correction action
                                                    taken, and nature of
                                                    repairs to CMS.
Sec.   63.10(d)(1)...........  General Reporting   Requirement to report..  Yes..............  Yes.
                                Requirements.
Sec.   63.10(d)(2)...........  Report of           When to submit to        Yes..............  Yes.
                                Performance Test    Federal or State
                                Results.            authority.
Sec.   63.10(d)(3)...........  Reporting Opacity   What to report and when  NA...............  NA.
                                or VE
                                Observations.

Sec.   63.10(d)(4)...........  Progress Reports..  Must submit progress     Yes..............  Yes.
                                                    reports on schedule if
                                                    under compliance
                                                    extension.
Sec.   63.10(d)(5)(i)........  Periodic SSM        Contents and submission  Yes..............  No, see Sec.
                                Reports.            of periodic SSM                             63.2281(d)-(e)
                                                    reports.                                    for malfunction
                                                                                reporting
                                                                                requirements.
Sec.   63.10(d)(5)(ii).......  Immediate SSM       Contents and submission  Yes..............  No.
                                Reports.            of immediate SSM
                                                    reports.
Sec.   63.10(e)(1)-(2).......  Additional CMS      Must report results for  Yes..............  Yes.
                                Reports.            each CEM on a unit;
                                                    written copy of
                                                    performance
                                                    evaluation; 3 copies
                                                    of COMS performance
                                                    evaluation.
Sec.   63.10(e)(3)...........  Reports...........  Excess emission reports  No...............  No.
Sec.   63.10(e)(4)...........  Reporting COMS      Must submit COMS data    NA...............  NA.
                                Data.               with performance test
                                                    data.
Sec.   63.10(f)..............  Waiver for          Procedures for EPA       Yes..............  Yes.
                                Recordkeeping/      Administrator to waive.
                                Reporting.
Sec.   63.11.................  Control Device and  Requirements for flares  NA...............  NA.
                                Work Practice       and alternative work
                                Requirements.       practice for equipment
                                                    leaks.
Sec.   63.12.................  State Authority     State authority to       Yes..............  Yes.
                                and Delegations.    enforce standards.
Sec.   63.13.................  Addresses.........  Addresses where          Yes..............  Yes.
                                                    reports,
                                                    notifications, and
                                                    requests are sent.
Sec.   63.14.................  Incorporations by   Test methods             Yes..............  Yes.
                                Reference.          incorporated by
                                                    reference.
Sec.   63.15.................  Availability of     Public and confidential  Yes..............  Yes.
                                Information and     information.
                                Confidentiality.
Sec.   63.16.................  Performance Track   Requirements for         Yes..............  Yes.
                                Provisions.         Performance Track
                                                    member facilities.
----------------------------------------------------------------------------------------------------------------
\1\ New or reconstructed affected sources that commenced construction or reconstruction after September 6, 2019
  must comply with the requirements in column 5 of this table beginning on August 13, 2020 or upon initial
  startup, whichever is later.

[FR Doc. 2020-12725 Filed 8-12-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Notices]
[Pages 8703-8704]
[FR Doc No: 2014-03171]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2009-0112; FRL-9905-39]

Toxic Substances Control Act Chemical Testing; Receipt of Test
Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing its receipt of test data submitted pursuant
to a test rule issued by EPA under section 4 of the Toxic Substances
Control Act (TSCA). This document identifies each chemical substance or
mixture for which test data have been received; lists uses or intended
uses of such chemical substance or mixture; and describes the nature of
the test data received. This is part of EPA's commitment to strengthen
its chemicals management programs by improving access to and the
usefulness of chemical information. The goal is for people to easily
get information to make safe chemical choices.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kathy Calvo, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are concerned about data
on health and/or environmental effects and other characteristics of
this chemical. Since other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2009-0112, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

II. Test Data Submissions

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a
notice in the Federal Register reporting the receipt of test data
submitted pursuant to test rules promulgated under section 4(a) (15
U.S.C. 2603(a)). Each notice must:
    1. Identify the chemical substance or mixture for which data have
been received.
    2. List the uses or intended uses of such chemical substance or
mixture and the information required by the applicable standards for
the development of test data.
    3. Describe the nature of the test data developed. EPA has received
test data for the following test rule:
    EPA received data on three chemical substances listed in the TSCA
section 4 test rule entitled ``Testing for Certain High Production
Volume Chemicals; Third Group of Chemicals,'' published in the Federal
Register of October 21, 2011 (76 FR 65385) (FRL-8885-5) (docket ID
number EPA-HQ-OPPT-2009-0112).
    The table in this unit contains the described information required
by TSCA section 4(d). See the applicable CFR citation, listed in the
title of the table, for test data requirements. Data received can be
found by referencing the docket ID number and document numbers listed
in the table. See Unit I.B. for additional information about dockets.
EPA reviews of test data are added to the appropriate docket upon
completion.

    Table--Data Received in Response to TSCA Section 4 Test Rule at 40 CFR 799.5089, Testing of Certain High
    Production Volume Chemicals; Third Group of Chemicals, Docket Identification Number EPA-HQ-OPPT-2009-0112
----------------------------------------------------------------------------------------------------------------
            Chemical identity                        Uses                    Data received         Document No.
----------------------------------------------------------------------------------------------------------------
2-Butenedioic acid (2E)-,di-C8-18-alkyl   Industrial manufacturing    Combined Repeated Dose                0216
 esters (CAS No. 68610-90-2).              lubricant.                  Toxicity Study with the
                                                                       Reproduction/
                                                                       Developmental Toxicity
                                                                       Screening Test in the
                                                                       Rat; Water Solubility.
1-Decene, sulfurized (CAS No. 72162-15-   Used as extreme-pressure    Toxicity to Plants; Acute             0112
 3).                                       agent in end uses such as   Oral Toxicity; Bacterial
                                           metalworking, auto and      Reverse; Mutation;
                                           industrial gear, oils and   Chromosomal Aberration.
                                           greases, and to some
                                           extent hydraulic fluids.
                                                                      Validation of an                      0161
                                                                       Analytical Method;
                                                                       Boiling Temperature;
                                                                       Vapor Pressure; Water
                                                                       Solubility; Partition
                                                                       Coefficient.
Benzenesulfonyl chloride (CAS No. 98-09-  Chemical intermediate for   Combined Repeated Dose                0217
 9).                                       benzene sulfonamides,       Toxicity Study with the
                                           thiophenol, glybuzole, n-   Reproduction/
                                           2-chloroethyl amides, and   Developmental Toxicity
                                           benzonitrile; Reagent for   Screening Test in the Rat.
                                           Friedel-Crafts
                                           sulfonylation.
----------------------------------------------------------------------------------------------------------------
Note: CAS No. = Chemical Abstracts Service Registry Number.

    Authority: 15 U.S.C. 2603.

List of Subjects

    Environmental protection, Hazardous substances.

    Dated: February 4, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2014-03171 Filed 2-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Notices]
[Pages 17173-17180]
[FR Doc No: 2021-06714]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0007]

National Flood Insurance Program (NFIP); Assistance to Private
Sector Property Insurers, Notice of FY 2022 Arrangement

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency announces the Fiscal
Year 2022 Financial Assistance/Subsidy Arrangement for private property
insurers interested in participating in the National Flood Insurance
Program's Write Your Own Program.

DATES: Interested insurers must submit intent to subscribe or re-
subscribe to the Arrangement by June 30, 2021.

FOR FURTHER INFORMATION CONTACT: Sarah Devaney Ice, Federal Insurance
and Mitigation Administration, FEMA, 400 C St. SW, Washington, DC 20472
(mail);<PHONE_NUMBER> (phone); or<EMAIL_ADDRESS>(email).

SUPPLEMENTARY INFORMATION:

I. Background

    The National Flood Insurance Act of 1968 (NFIA) (42 U.S.C. 4001 et
seq.) authorizes the Administrator of the Federal Emergency Management
Agency (FEMA) to establish and carry out a National Flood Insurance
Program (NFIP) to enable interested persons to purchase flood
insurance. See 42 U.S.C. 4011(a). Under the NFIA, FEMA may use
insurance companies and other insurers, insurance agents and brokers,
and insurance adjustment organizations as fiscal agents of the United
States to help it carry out the NFIP. See 42 U.S.C. 4071. To this end,
FEMA may ``enter into any contracts, agreements, or other appropriate
arrangements'' with private insurance companies to use their facilities
and services in administering the NFIP on such terms and conditions as
they agree upon. See 42 U.S.C. 4081(a).
    Pursuant to this authority, FEMA enters into a standard Financial
Assistance/Subsidy Arrangement (Arrangement) with private sector
property insurers, also known as Write Your Own (WYO) companies, to
sell NFIP flood insurance policies under their own names and adjust and
pay claims arising under the Standard Flood Insurance Policy (SFIP).
Each Arrangement entered into by a WYO company must be in the form and
substance of the standard Arrangement, a copy of which is published in
the Federal Register annually, at least 6 months prior to becoming
effective. See 44 CFR 62.23(a). To learn more about FEMA's WYO Program,
please visit https://nfipservices.floodsmart.gov/write-your-own-program.

II. Notice of Availability

    Insurers interested in participating in the WYO Program for Fiscal
Year 2022 must contact Sarah Devaney Ice at<EMAIL_ADDRESS>by June 30, 2021.
    Prior participation in the WYO Program does not guarantee FEMA will
approve continued participation. FEMA will evaluate requests to
participate in light of publicly available information, industry
performance data, and other criteria listed in 44 CFR 62.24 and the FY
2022 Arrangement, copied below. FEMA encourages private insurance
companies to supplement this information with customer satisfaction
surveys, industry awards or recognition, or other objective performance
data. In addition, private insurance companies should work with their
vendors and subcontractors involved in servicing and delivering their
insurance lines to ensure FEMA receives the information necessary to
effectively evaluate the criteria set forth in its regulations.
    FEMA will send a copy of the offer for the FY 2022 Arrangement,
together with related materials and submission instructions, to all
private insurance companies successfully evaluated by the NFIP. If
FEMA, after conducting its evaluation, chooses not to renew a Company's
participation, FEMA, at its option, may require the continued
performance of all or selected elements of the FY 2021 Arrangement for
a period required for orderly transfer or cessation of the business and
settlement of accounts, not to exceed 18 months. See FY 2021
Arrangement, Article V.C. All evaluations, whether successful or
unsuccessful, will inform both an overall assessment of the WYO Program
and any potential changes FEMA may consider regarding the Arrangement
in future fiscal years.
    Any private insurance company with questions may contact FEMA at:
Sarah Devaney Ice, Federal Insurance and Mitigation Administration,
FEMA, 400 C St. SW, Washington, DC 20472 (mail);<PHONE_NUMBER>
(phone); or<EMAIL_ADDRESS>(email).

III. Fiscal Year 2022 Arrangement

    Pursuant to 44 CFR 62.23(a), FEMA must publish the Arrangement at
least six months prior to the Arrangement becoming effective. The FY
2022 Arrangement provided below is substantially similar to the
previous year's Arrangement, but includes the following substantive
changes:
    1. Reframed Article I from a list of nonbinding recitations to
generally applicable, binding provisions. Some recitations were
incorporated into other articles that align with the recitation's
subject-matter.
    2. Removed references to ``certified mail'' to allow parties
greater flexibility to use other communication methods.
    3. In Article II.D.1 (Cancellation by FEMA), added two additional
reasons that FEMA may cancel the Arrangement. First, FEMA has grounds
to cancel the Arrangement if a company fails to maintain compliance
with WYO company participation criteria at 44 CFR 62.24, such as the
requirement for WYO companies to be state licensed property insurance
companies. Second, FEMA will be able to terminate the Arrangement for
conduct ``so serious or compelling a nature that it affects the
Company's present responsibility.''
    4. In Article III.A.4 (Operations Plan), WYO companies will be
required to submit a Customer Service Plan.
    5. In Article III.A.4.e, FEMA is providing additional guidance on
the expected contents of the previously required Catastrophic Claims
Handling Plan.
    6. In Article III.A.4.h, FEMA is replacing the requirement for WYO
companies to submit a Technology Plan with the requirement to submit a
System Security Plan based on either the National Institute of
Standards and Technology (NIST) Special Publication (SP) 800-171
``Protecting Controlled Unclassified Information in Nonfederal
Information Systems and Organizations,'' Revision 2, https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final, ISO/IEC
27001, https://www.iso.org/isoiec-27001-information-security.html, or
another comparable standard.
    7. In Article III.B (Time Standards), clarified that not all tasks
subject to time standards requiring mailing a document and other
clarifying changes.

    8. In Article III.E.2, clarified that the existing clear
communication requirement applies to all non-NFIP insurance policies
that cover flooding, not just single-peril flood insurance policies.
Also broadened the existing data protection requirement to prohibit the
use of confidential information for any purpose outside the scope of
the Arrangement.
    9. Added Article III.K (System for Award Management) to require WYO
companies to register in the System for Award Management and maintain
such registration.
    10. Added Article III.L (Cybersecurity) to require WYO companies to
implement IT security standards specified by National Institute of
Standards and Technology (NIST) Special Publication (SP) 800-171
``Protecting Controlled Unclassified Information in Nonfederal
Information Systems and Organizations,'' https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final. In lieu of full compliance
with this standard, WYO companies may choose to show compliance with
other comparable standards, such as ISO/IEC 27001, https://www.iso.org/isoiec-27001-information-security.html, or to provide FEMA a plan of
action that describes how unimplemented security requirements of NIST
SP 800-171, rev. 2 will be met and how any planned mitigations will be
implemented.
    11. In Article IV.C.3, clarifies that requests for reimbursement of
subrogation expenses are subject to guidelines issued by FEMA.
    12. In Article IV.D.3 (Oversight of Litigation), adds statement
from Article I that any litigation resulting from, related to, or
arising from the Company's compliance with the written standards,
procedures, and guidance issued by FEMA arises under the National Flood
Insurance Act of 1968 or regulations, and such legal issues raise a
Federal question.
    13. Adds Article IV.D.3.d (Customary Business Practices), which
makes clear that WYO companies must oversee litigation arising under
the Arrangement using the customary business practices for the
oversight of litigation arising under the Company's property and
casualty lines of insurance not sold under the Arrangement, including
billing rates and standards.
    14. Adds Article IV.F (Suspension and Debarment), which prohibits
WYO companies from using the services of persons suspended or debarred
by the Federal Government.
    15. In Article V.A and Article VI.A, replaces the requirement for
FEMA to establish Letters of Credit that WYO companies may draw on to a
more flexible requirement requiring FEMA enable WYO companies to draw
on the National Flood Insurance Fund without specifying the specific
method.
    16. Adds Article VI.E, which requires WYO companies to comply with
the False Claims Act.
    17. In Article XI (Equal Opportunity), conforms the non-
discrimination requirements with the 2020 DHS Standard Terms and
Conditions for Grants.
    18. Adds Article XII.C (Nondisclosure by Company), which requires
WYO companies to protect the confidentiality of non-public information.
    The Fiscal Year 2022 Arrangement reads as follows:

Financial Assistance/Subsidy Arrangement

Article I. General Provisions
    A. Parties. The parties to the Financial Assistance/Subsidy
Arrangement are the Federal Emergency Management Agency (FEMA) and the
Company.
    B. Purpose. The purpose of this Financial Assistance/Subsidy
Arrangement is to authorize the Company to sell and service flood
insurance policies made available through the National Flood Insurance
Program and adjust and pay claims arising under such policies as fiscal
agents of the Federal Government.
    C. Authority. This Financial Assistance/Subsidy Arrangement is
authorized under the National Flood Insurance Act of 1968 (NFIA) (42
U.S.C. 4001 et seq.), and in particular, section 1345(a) of the NFIA
(42 U.S.C. 4081(a)), as implemented by 44 CFR 62.23 and 62.24.
Article II. Commencement and Termination
    A. The effective period of this Arrangement begins on October 1,
2021, and terminates no earlier than September 30, 2022, subject to
extension pursuant to Articles II.C and II.G. FEMA may provide
financial assistance only for policy applications and endorsements
accepted by the Company during this period pursuant to the Program's
effective date, underwriting, and eligibility rules.
    B. Pursuant to 44 CFR 62.23(a), FEMA will publish the Arrangement
and the terms for subscription or re-subscription for Fiscal Year 2023
in the Federal Register no later than April 1, 2022. Upon such
publication, the Company must notify FEMA of its intent to re-subscribe
or not re-subscribe to the WYO Program for the following term within
ninety (90) calendar days.
    C. In addition to the requirements of Article II.B, in order to
ensure uninterrupted service to policyholders, the Company must notify
FEMA within thirty (30) calendar days of when the Company elects not to
re-subscribe to the WYO Program during the term of this Arrangement. If
so notified, or if FEMA chooses not to renew the Company's
participation, FEMA, at its option, may require the continued
performance of all or selected elements of this Arrangement for the
period required for orderly transfer or cessation of business and
settlement of accounts, not to exceed eighteen (18) months after the
end of this Arrangement (September 30, 2022), and may either require
transfer of activities to FEMA under Article II.C.1 or allow transfer
of activities to another WYO company under Article II.C.2:
    1. FEMA may require the Company to transfer all activities under
this Arrangement to FEMA. Within thirty (30) calendar days of FEMA's
election of this option, the Company must deliver to FEMA the
following:
    a. A plan for the orderly transfer to FEMA of any continuing
responsibilities in administering the policies issued by the Company
under the Program including provisions for coordination assistance.
    b. All data received, produced, and maintained through the life of
the Company's participation in the Program, including certain data, as
determined by FEMA, in a standard format and medium.
    c. All claims and policy files, including those pertaining to
receipts and disbursements that have occurred during the life of each
policy. In the event of a transfer of the services provided, the
Company must provide FEMA with a report showing, on a policy basis, any
amounts due from or payable to policyholders, agents, brokers, and
others as of the transition date.
    d. All funds in its possession with respect to any policies
transferred to FEMA for administration and the unearned expenses
retained by the Company.
    e. A point of contact within the Company responsible for addressing
issues that may arise from the Company's previous participation under
the WYO Program.
    2. FEMA may allow the Company to transfer all activities under this
Arrangement to one or more other WYO companies. Prior to commencing
such transfer, the Company must submit, and FEMA must approve, a formal
request. Such request must include the following:

    a. An assurance of uninterrupted service to policyholders.
    b. A detailed transfer plan providing for either: (1) The renewal
of the Company's NFIP policies by one or more other WYO companies; or
(2) the transfer of the Company's NFIP policies to one or more other
WYO companies.
    c. A description of who the responsible party will be for
liabilities relating to losses incurred by the Company in this or
preceding Arrangement years.
    d. A point of contact within the Company responsible for addressing
issues that may arise from the Company's previous participation under
the WYO Program.
    D. Cancellation by FEMA.
    1. FEMA may cancel financial assistance under this Arrangement in
its entirety upon thirty (30) calendar days written notice to the
Company stating one or more of the following reasons for such
cancellation:
    a. Fraud or misrepresentation by the Company subsequent to the
inception of the Arrangement; or
    b. Nonpayment to FEMA of any amount due; or
    c. Material failure to comply with the requirements of this
Arrangement or with the written standards, procedures, or guidance
issued by FEMA relating to the NFIP and applicable to the Company.
    d. Failure to maintain compliance with WYO company participation
criteria at 44 CFR 62.24.
    e. Any other cause so serious or compelling a nature that affects
the Company's present responsibility.
    2. If FEMA cancels this Arrangement pursuant to Article II.D.1,
FEMA may require the transfer of administrative responsibilities and
the transfer of data and records as provided in Article II.C.1.a-d. If
transfer is required, the Company must remit to FEMA the unearned
expenses retained by the Company. In such event, FEMA will assume all
obligations and liabilities owed to policyholders under such policies,
arising before and after the date of transfer.
    3. As an alternative to the transfer of the policies to FEMA
pursuant to Article II.D.2, FEMA will consider a proposal, if it is
made by the Company, for the assumption of responsibilities by another
WYO company as provided in Article II.C.2.
    E. In the event that the Company is unable or otherwise fails to
carry out its obligations under this Arrangement by reason of any order
or directive duly issued by the Department of Insurance of any
jurisdiction to which the Company is subject, the Company agrees to
transfer, and FEMA will accept, any and all WYO policies issued by the
Company and in force as of the date of such inability or failure to
perform. In such event FEMA will assume all obligations and liabilities
within the scope of the Arrangement owed to policyholders arising
before and after the date of transfer, and the Company will immediately
transfer to FEMA all needed records and data and all funds in its
possession with respect to all such policies transferred and the
unearned expenses retained by the Company. As an alternative to the
transfer of the policies to FEMA, FEMA will consider a proposal, if it
is made by the Company, for the assumption of responsibilities by
another WYO company as provided by Article II.C.2.
    F. In the event the Act is amended, repealed, expires, or if FEMA
is otherwise without authority to continue the Program, FEMA may cancel
financial assistance under this Arrangement for any new or renewal
business, but the Arrangement will continue for policies in force that
shall be allowed to run their term under the Arrangement.
    G. If FEMA does not publish the Fiscal Year 2023 Arrangement in the
Federal Register on or before April 1, 2022, then FEMA may require the
continued performance of all or selected elements of this Arrangement
through December 31, 2023, but such extension may not exceed the
expiration of the six (6) month period following publication of the
Fiscal Year 2023 Arrangement in the Federal Register.
Article III. Undertakings of the Company
    A. Responsibilities of the Company.
    1. Policy Issuance and Maintenance. The Company must meet all
requirements of the Financial Control Plan and any guidance issued by
FEMA. The Company is responsible for the following:
    a. Compliance with Rating Procedures.
    b. Eligibility Determinations.
    c. Policy Issuances.
    d. Policy Endorsements.
    e. Policy Cancellations.
    f. Policy Correspondence.
    g. Payment of Agents' Commissions.
    h. Fund Management, including the receipt, recording, disbursement,
and timely deposit of NFIP funds.
    2. Claims Processing.
    a. In general. The Company must process all claims consistent with
the Standard Flood Insurance Policy, Financial Control Plan, Claims
Manual, other guidance adopted by FEMA, and as much as possible, with
the Company's standard business practices for its non-NFIP policies.
    b. Adjuster registration. The Company may not use an independent
adjuster to adjust a claim unless the independent adjuster:
    i. Holds a valid Flood Control Number issued by FEMA; or
    ii. Participates in the Flood Adjuster Capacity Program.
    c. Claim reinspections. The Company must cooperate with any claim
reinspection by FEMA.
    3. Reports. The Company must certify its business under the WYO
Program through monthly financial reports in accordance with the
requirements of the Pivot Use Procedures. The Company must follow the
Financial Control Plan and the WYO Accounting Procedures Manual. FEMA
will validate and audit, in detail, these data and compare the results
against Company reports.
    4. Operations Plan. Within ninety (90) calendar days of the
commencement of this Arrangement, the Company must submit a written
Operations Plan to FEMA describing its efforts to perform under this
Arrangement. The plan must include the following:
    a. Private Flood Insurance Separation Plan. If applicable, a
description of the Company's policies, procedures, and practices
separating their NFIP flood insurance lines of business from their non-
NFIP flood insurance lines of business, including its implementation of
Article III.E.
    b. Marketing Plan. A marketing plan describing the Company's
forecasted growth, efforts to achieve that growth, and ability to
comply with any marketing guidelines provided by FEMA.
    c. Customer Service Plan. A description of overall customer service
practices, including ongoing and planned improvement efforts.
    d. Distribution Plan. A description of the Company's NFIP flood
insurance distribution network, including anticipated numbers of
agents, efforts to train those agents, and an average rate of
commissions paid to producers by state.
    e. Catastrophic Claims Handling Plan. A catastrophic claims
handling plan describing how the Company will respond and maintain
service standards in catastrophic flood events, including:
    1. Deploying mobile or temporary claims centers to provide
immediate policyholder assistance, including submission of notice of
loss and claim status information.
    2. Preparing people, processes, and tools for claims processing in
remote work scenarios.

    3. Preparing communications in advance for readiness throughout the
year including a suite of printed and digital materials (e.g.,
advertisements, educational materials, social media messaging, website
blogs and announcements) that provide key messaging to stakeholders,
including policyholders, agents, and the public following a
catastrophic flood event.
    4. Identifying the core areas of information technology that need
to be scaled pre-event or are scalable post-event.
    f. Business Continuity Plan. A business continuity plan identifying
threats and risks facing the Company's NFIP-related operations and how
the Company will maintain operations in the event of a disaster
affecting its operational capabilities.
    g. Privacy Protection Plan. A privacy protection plan that
describes the Company's standards for using and maintaining personally
identifiable information.
    h. System Security Plan. A system security plan that describes
system boundaries, system environments of operation, how security
requirements are implemented, and the relationships with or connections
to other systems, including plans of action that describe how
unimplemented security requirements will be met and how any planned
mitigations will be implemented, prepared in accordance with either:
    National Institute of Standards and Technology (NIST) Special
Publication (SP) 800-171 ``Protecting Controlled Unclassified
Information in Nonfederal Information Systems and Organizations,''
Revision 2, https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final; or
    Another comparable standard deemed acceptable by FEMA.
    B. Time Standards. WYO companies must meet the time standard
provided below. Time will be measured from the date of receipt through
the date the task is completed. In addition to the standards set forth
below, all functions performed by the Company must be in accordance
with the highest reasonably attainable quality standards generally used
in the insurance and data processing field. Applicable time standards
are:
    1. Application Processing--fifteen (15) business days (Note: If the
policy cannot be sent due to insufficient or erroneous information or
insufficient funds, the Company must send a request for correction or
added moneys within ten (10) business days).
    2. Renewal processing--seven (7) business days.
    3. Endorsement processing--fifteen (15) business days.
    4. Cancellation processing--fifteen (15) business days.
    5. File examination--seven (7) business days from the day the
Company receives the final report.
    6. Claims draft processing--seven (7) business days from completion
of file examination.
    7. Claims adjustment--forty-five (45) calendar days average from
the receipt of Notice of Loss (or equivalent) through completion of
examination.
    8. Upload transactions to PIVOT--one (1) business day.
    C. Policy Issuance.
    1. The flood insurance subject to this Arrangement must be only
that insurance written by the Company in its own name pursuant to the
Act.
    2. The Company must issue policies under the regulations prescribed
by FEMA, in accordance with the Act, on a form approved by FEMA.
    3. The Company must issue all policies in consideration of such
premiums and upon such terms and conditions and in such states or areas
or subdivisions thereof as may be designated by FEMA and only where the
Company is licensed by State law to engage in the property insurance
business.
    D. Lapse of Authority or Appropriation. FEMA may require the
Company to discontinue issuing policies subject to this Arrangement
immediately in the event Congressional authorization or appropriation
for the NFIP is withdrawn.
    E. Separation of Finances and Other Lines of Flood Insurance.
    1. The Company must separate Federal flood insurance funds from all
other Company accounts, at a bank or banks of its choosing for the
collection, retention and disbursement of Federal funds relating to its
obligation under this Arrangement, less the Company's expenses as set
forth in Article IV. The Company must remit all funds not required to
meet current expenditures to the United States Treasury, in accordance
with the provisions of the WYO Accounting Procedures Manual.
    2. Other Undertakings of the Company.
    a. Clear communication. If the Company also offers insurance
policies covering the peril of flood outside of the NFIP in any
geographic area in which Program authorizes the purchase of flood
insurance, the Company must ensure that all public communications
(whether written, recorded, electronic, or other) regarding non-NFIP
insurance lines would not lead a reasonable person to believe that the
NFIP, FEMA, or the Federal Government in any way endorses, sponsors,
oversees, regulates, or otherwise has any connection with the non-NFIP
insurance line. The Company may assure compliance with this requirement
by prominently including in such communications the following
statement: ``This insurance product is not affiliated with the National
Flood Insurance Program.''
    b. Data protection. The company may not use non-public data,
information, or resources obtained in course of executing this
Arrangement to further or support any activities outside the scope of
this Arrangement.
    F. Claims. The Company must investigate, adjust, settle, and defend
all claims or losses arising from policies issued under this
Arrangement. Payment of flood insurance claims by the Company bind
FEMA, subject to appeal.
    G. Compliance with Agency Standards and Guidelines.
    1. The Company must comply with the Act, regulations, written
standards, procedures, and guidance issued by FEMA relating to the NFIP
and applicable to the Company, including, but not limited to the
following:
    a. Financial Control Plan.
    b. Pivot Use Procedures.
    c. Flood Insurance Manual.
    d. Claims Manual.
    e. National Flood Insurance Program Litigation Manual.
    f. WYO Accounting Procedures Manual.
    g. WYO Bulletins.
    2. The Company must market flood insurance policies in a manner
consistent with marketing guidelines established by FEMA.
    3. FEMA may require the Company to collect customer service
information to monitor and improve their program delivery.
    4. The Company must notify its agents of the requirement to comply
with State regulations regarding flood insurance agent education,
notify agents of flood insurance training opportunities, and assist
FEMA in periodic assessment of agent training needs.
    H. Compliance with Appeals Process.
    1. In general. FEMA will notify the Company when a policyholder
files an appeal. After notification, the Company must provide FEMA the
following information:
    a. All records created or maintained pursuant to this Arrangement
requested by FEMA; and
    b. A comprehensive claim file synopsis, redacted of personally
identifiable information, that includes a summary of the appeal issues,
the Company's position on each issue, and

any additional relevant information. If, in the process of writing the
synopsis, the Company determines that it can address the issue raised
by the policyholder on appeal without further direction, it must notify
FEMA. The Company will then work directly with the policyholder to
achieve resolution and update FEMA upon completion. The Company may
have a claims examiner review the file who is independent from the
original decision and who possesses the authority to overturn the
original decision if the facts support it.
    2. Cooperation. The Company must cooperate with FEMA throughout the
appeal process until final resolution. This includes adhering to any
written appeals guidance issued by FEMA.
    3. Resolution of Appeals. FEMA will close an appeal when:
    a. FEMA upholds the denial by the Company;
    b. FEMA overturns the denial by the Company and all necessary
actions that follow are completed;
    c. The Company independently resolves the issue raised by the
policyholder without further direction;
    d. The policyholder voluntarily withdraws the appeal; or
    e. The policyholder files litigation.
    4. Processing of Additional Payments from Appeal. The Company must
follow established NFIP adjusting practices and claim handling
procedures for appeals that result in additional payment to a
policyholder when FEMA does not explicitly direct such payment during
the review of the appeal.
    5. Time Standards.
    a. Provide FEMA with requested files pursuant to Article
III.H.1.a--ten (10) business days after request.
    b. Provide FEMA with comprehensive claim file synopsis pursuant to
Article III.H.1.b--ten (10) business days after request.
    c. Responding to inquiries from FEMA regarding an appeal--ten (10)
business days after inquiry.
    d. Inform FEMA of any litigation filed by a policyholder with a
current appeal--ten (10) business days of notice.
    I. Subrogation.
    1. In general. Consistent with Federal law and guidance, the
Company must use its customary business practices when pursuing
subrogation.
    2. Referral to FEMA. Pursuant to 44 CFR 62.23(i)(8), in lieu of the
Company pursuing a subrogation claim, WYO companies may refer such
claims to FEMA.
    3. Notification. No more than ten (10) calendar days after either
the Company identifies a possible subrogation claim or FEMA notifies
the Company of a possible subrogation claim, the Company must notify
FEMA of its intent to pursue the claim or refer the claim to FEMA.
    4. Cooperation. Pursuant to 44 CFR 62.23(i)(11), the Company must
extend reasonable cooperation to FEMA's Office of the Chief Counsel on
matters related to subrogation.
    J. Access to Records. The Company must furnish to FEMA such
summaries and analysis of information including claim file information
and property address, location, and/or site information in its records
as may be necessary to carry out the purposes of the Act, in such form
as FEMA, in cooperation with the Company, will prescribe.
    K. System for Award Management. The Company must be registered in
the System for Award Management. Such registration must have an active
status during the period of performance under this Arrangement. The
Company must ensure that its SAM registration is accurate and up to
date.
    L. Cybersecurity.
    1. In general. Unless the Company uses a compliance alternative
pursuant to Article III.L.2, the Company must implement the security
requirements specified by National Institute of Standards and
Technology (NIST) Special Publication (SP) 800-171 ``Protecting
Controlled Unclassified Information in Nonfederal Information Systems
and Organizations'', Revision 2 (https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final) for any system that processes, stores,
or transmits information that requires safeguarding or dissemination
controls pursuant to and consistent with law, regulations, this
Arrangement, or other applicable requirements, including information
protected pursuant to Article XII.C and personally identifiable
information of NFIP applicants and policyholders. Such implementation
must be validated by a third-party assessment organization.
    2. Compliance alternatives. In lieu of compliance with Article
IV.L.1, the Company may either:
    a. Provide FEMA with documentation that the Company is securing the
systems subject to the requirements of Article III.L.1 with either:
    1. ISO/IEC 27001, https://www.iso.org/isoiec-27001-information-security.html;
    2. NIST Cybersecurity Framework, https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final;
    3. Cybersecurity Maturity Model Certification (CMMC), https://www.acq.osd.mil/cmmc/;
    4. Service and Organization Controls (SOC) 2, https://www.aicpa.org/interestareas/frc/assuranceadvisoryservices/sorhome.html;
or
    5. Another comparable standard deemed acceptable by FEMA;
    b. Provide a plan of action that describes how unimplemented
security requirements of NIST SP 800-171, rev. 2, (https://csrc.nist.gov/publications/detail/sp/800-171/rev-2/final) will be met
and how any planned mitigations will be implemented as part of the
system security plan required under Article III.A.4.h.
Article IV. Loss Costs, Expenses, Expense Reimbursement, and Premium
Refunds
    A. The Company is liable for operating, administrative, and
production expenses, including any State premium taxes, dividends,
agents' commissions or any other expense of whatever nature incurred by
the Company in the performance of its obligations under this
Arrangement but excluding other taxes or fees, such as municipal or
county premium taxes, surcharges on flood insurance premium, and
guaranty fund assessments.
    B. Payment for Selling and Servicing Policies.
    1. Operating and Administrative Expenses. The Company may withhold,
as operating and administrative expenses, other than agents' or
brokers' commissions, an amount from the Company's written premium on
the policies covered by this Arrangement in reimbursement of all of the
Company's marketing, operating, and administrative expenses, except for
allocated and unallocated loss adjustment expenses described in Article
IV.C. This amount will equal the sum of the average industry expenses
ratios for ``Other Act.,'' ``Gen. Exp.'' And ``Taxes'' calculated by
aggregating premiums and expense amounts for each of five property
coverages using direct premium and expense information to derive
weighted average expense ratios. For this purpose, FEMA will use data
for the property/casualty industry published, as of March 15 of the
prior Arrangement year, in Part III of the Insurance Expense Exhibit in
A.M. Best Company's Aggregates and Averages for the following five
property coverages: Fire, Allied Lines, Farmowners Multiple Peril,
Homeowners Multiple Peril, and Commercial Multiple Peril (non-liability
portion).
    2. Agent Compensation. The Company may retain fifteen (15) percent
of the Company's written premium on

the policies covered by this Arrangement as the commission allowance to
meet the commissions or salaries of insurance agents, brokers, or other
entities producing qualified flood insurance applications and other
related expenses.
    3. Growth Bonus. FEMA may increase the amount of expense allowance
retained by the Company depending on the extent to which the Company
meets the marketing goals for the Arrangement year contained in
marketing guidelines established pursuant to Article III.G.2. The total
growth bonuses paid to companies pursuant to this Arrangement may not
exceed two (2) percent of the aggregate net written premium collected
by all WYO companies. FEMA will pay the Company the amount of any
increase after the end of the Arrangement year.
    4. Reimbursement for Services of a National Rating Organization.
The Company, with the consent of FEMA as to terms and costs, may use
the services of a national rating organization, licensed under state
law, to help us undertake and carry out such studies and investigations
on a community or individual risk basis, and to determine equitable and
accurate estimates of flood insurance risk premium rates as authorized
under the Act, as amended. FEMA will reimburse the Company for the
charges or fees for such services under the provisions of the WYO
Accounting Procedures Manual.
    C. FEMA will reimburse Loss Adjustment Expenses as follows:
    1. FEMA will reimburse unallocated loss adjustment expenses to the
Company pursuant to a ``ULAE Schedule'' coordinated with the Company
and provided by FEMA.
    2. FEMA will reimburse allocated loss adjustment expenses to the
Company pursuant to a ``Fee Schedule'' coordinated with the Company and
provided by FEMA. To ensure the availability of qualified insurance
adjusters during catastrophic flood events, FEMA may, in its sole
discretion, temporarily authorize the use of an alternative Fee
Schedule with increased amounts during the term of this Arrangement for
losses incurred during a time frame and geographic area established by
FEMA.
    3. FEMA will reimburse special allocated loss expenses and
subrogation expenses reimbursable under 44 CFR 62.23(i)(8) to the
Company in accordance with guidelines issued by FEMA.
    D. Loss Payments.
    1. The Company must make loss payments for flood insurance policies
from federal funds retained in the bank account(s) established under
Article III.E.1 and, if such funds are depleted, from Federal funds
withdrawn from the National Flood Insurance Fund pursuant to Article V.
    2. Loss payments include payments because of litigation that arises
under the scope of this Arrangement, and the Authorities set forth
herein. All such loss payments and related expenses must meet the
documentation requirements of the Financial Control Plan and of this
Arrangement, and the Company must comply with the litigation
documentation and notification requirements established by FEMA.
Failure to meet these requirements may result in FEMA's decision not to
provide reimbursement.
    3. Oversight of Litigation.
    a. Any litigation resulting from, related to, or arising from the
Company's compliance with the written standards, procedures, and
guidance issued by FEMA arises under the National Flood Insurance Act
of 1968 or regulations, and such legal issues raise a Federal question.
    b. The Company must conduct litigation arising out of the Company's
participation in the NFIP in accordance with the National Flood
Insurance Program Litigation Manual.
    c. FEMA will not reimburse the Company for any award or judgment
for damages and any costs to defend litigation that is either:
    1. Grounded in actions by the Company that are significantly
outside the scope of this Arrangement; or
    2. Involves issues of agent negligence.
    d. Customary Business Practices. Unless otherwise directed by FEMA,
the Company must oversee litigation arising under this Arrangement
using its customary business practices for the oversight of litigation
arising under the Company's property and casualty lines of insurance
not sold under this Arrangement, including billing rates and standards.
    E. Refunds. The Company must make premium refunds required by FEMA
to applicants and policyholders from Federal flood insurance funds
referred to in Article II.E.1, and, if such funds are depleted, from
funds derived by withdrawing from the National Flood Insurance Fund
pursuant to Article V. The Company may not refund any premium to
applicants or policyholders in any manner other than as specified by
FEMA since flood insurance premiums are funds of the Federal
Government.
    F. Suspension and Debarment.
    1. In general. The Company may not contract with or employ any
person who is suspended or debarred from participating in federal
transactions pursuant to 2 CFR part 180 (covering federal
nonprocurement transactions) or 48 CFR part 9, subpart 9.4 (covering
federal procurement transactions) in relation to this Arrangement.
    2. Reimbursement. FEMA will not reimburse the company for any
expenses incurred in violation of Article IV.F.1.
    3. Compliance. The Company may ensure compliance with Article
IV.F.1 by:
    a. Checking the System for Awards Management at sam.gov;
    b. Collecting a certification from that person; or
    c. Adding a clause or condition to the transaction with that
person.
Article V. Undertakings of the Government
    A. FEMA must enable the Company to withdraw funds from the National
Flood Insurance Fund daily, if needed, pursuant to prescribed
procedures implemented by FEMA. FEMA will increase the amounts of the
authorizations as necessary to meet the obligations of the Company
under Article IV.C-E. The Company may only request funds when net
premium income has been depleted. The timing and amount of cash
advances must be as close as is administratively feasible to the actual
disbursements by the recipient organization for allowable expenses.
Request for payment may not ordinarily be drawn more frequently than
daily. The Company may withdraw funds from the National Flood Insurance
Fund for any of the following reasons:
    1. Payment of claims, as described in Article IV.D;
    2. Refunds to applicants and policyholders for insurance premium
overpayment, or if the application for insurance is rejected or when
cancellation or endorsement of a policy results in a premium refund, as
described in Article IV.E; and
    3. Allocated and unallocated loss adjustment expenses, as described
in Article IV.C.
    B. FEMA must provide technical assistance to the Company as
follows:
    1. NFIP policy and history.
    2. Clarification of underwriting, coverage, and claims handling.
    3. Other assistance as needed.
    C. FEMA must provide the Company with a copy of all formal written
appeal decisions conducted in accordance with Section 205 of the
Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public
Law 108-264 and 44 CFR 62.20.
    D. Prior to the end of the Arrangement period, FEMA may provide the

Company a statistical summary of their performance during the signed
Arrangement period. This summary will detail the Company's performance
individually, as well as compare the Company's performance to the
aggregate performance of all WYO companies and the NFIP Direct
Servicing Agent.
Article VI. Cash Management and Accounting
    A. FEMA must make available to the Company during the entire term
of this Arrangement the ability to withdraw funds from the National
Flood Insurance Fund provided for in Article V. The Company may
withdraw funds from the National Flood Insurance Fund for reimbursement
of its expenses as set forth in Article V.A that exceed net written
premiums collected by the Company from the effective date of this
Arrangement or continuation period to the date of the draw. In the
event that adequate funding is not available to meet current Company
obligations for flood policy claim payments issued, FEMA must direct
the Company to immediately suspend the issuance of loss payments until
such time as adequate funds are available. The Company is not required
to pay claims from their own funds in the event of such suspension.
    B. The Company must remit all funds, including interest, not
required to meet current expenditures to the United States Treasury, in
accordance with the provisions of the WYO Accounting Procedures Manual
or procedures approved in writing by FEMA.
    C. In the event the Company elects not to participate in the
Program in this or any subsequent fiscal year, or is otherwise unable
or not permitted to participate, the Company and FEMA must make a
provisional settlement of all amounts due or owing within three (3)
months of the expiration or termination of this Arrangement. This
settlement must include net premiums collected, funds withdrawn from
the National Flood Insurance Fund, and reserves for outstanding claims.
The Company and FEMA agree to make a final settlement, subject to
audit, of accounts for all obligations arising from this Arrangement
within eighteen (18) months of its expiration or termination, except
for contingent liabilities that must be listed by the Company. At the
time of final settlement, the balance, if any, due FEMA or the Company
must be remitted by the other immediately and the operating year under
this Arrangement must be closed.
    D. Upon FEMA's request, the Company must provide FEMA with a true
and correct copy of the Company's Fire and Casualty Annual Statement,
and Insurance Expense Exhibit or amendments thereof as filed with the
State Insurance Authority of the Company's domiciliary State.
    E. The Company must comply with the requirements of the False
Claims Act (31 U.S.C. 3729-3733), which prohibits submission of false
or fraudulent claims for payment to the Federal Government.
Article VII. Arbitration
    If any misunderstanding or dispute arises between the Company and
FEMA with reference to any factual issue under any provisions of this
Arrangement or with respect to FEMA's nonrenewal of the Company's
participation, other than as to legal liability under or interpretation
of the Standard Flood Insurance Policy, such misunderstanding or
dispute may be submitted to arbitration for a determination that will
be binding upon approval by FEMA. The Company and FEMA may agree on and
appoint an arbitrator who will investigate the subject of the
misunderstanding or dispute and make a determination. If the Company
and FEMA cannot agree on the appointment of an arbitrator, then two
arbitrators will be appointed, one to be chosen by the Company and one
by FEMA.
    The two arbitrators so chosen, if they are unable to reach an
agreement, must select a third arbitrator who must act as umpire, and
such umpire's determination will become final only upon approval by
FEMA. The Company and FEMA shall bear in equal shares all expenses of
the arbitration. Findings, proposed awards, and determinations
resulting from arbitration proceedings carried out under this section,
upon objection by FEMA or the Company, shall be inadmissible as
evidence in any subsequent proceedings in any court of competent
jurisdiction.
    This Article shall indefinitely succeed the term of this
Arrangement.
Article VIII. Errors and Omissions
    A. In the event of negligence by the Company that has not resulted
in litigation but has resulted in a claim against the Company, FEMA
will not consider reimbursement of the Company for costs incurred due
to that negligence unless the Company takes all reasonable actions to
rectify the negligence and to mitigate any such costs as soon as
possible after discovery of the negligence. The Company may choose not
to seek reimbursement from FEMA.
    B. If the Company has made a claim payment to an insured without
including a mortgagee (or trustee) of which the Company had actual
notice prior to making payment, and subsequently determines that the
mortgagee (or trustee) is also entitled to any part of said claim
payment, any additional payment may not be paid by the Company from any
portion of the premium and any funds derived from any Federal funds
deposited in the bank account described in Article III.E.1. In
addition, the Company agrees to hold the Federal Government harmless
against any claim asserted against the Federal Government by any such
mortgagee (or trustee), as described in the preceding sentence, by
reason of any claim payment made to any insured under the circumstances
described above.
Article IX. Officials Not To Benefit
    No Member or Delegate to Congress, or Resident Commissioner, may be
admitted to any share or part of this Arrangement, or to any benefit
that may arise therefrom; but this provision may not be construed to
extend to this Arrangement if made with a corporation for its general
benefit.
Article X. Offset
    At the settlement of accounts, the Company and FEMA have, and may
exercise, the right to offset any balance or balances, whether on
account of premiums, commissions, losses, loss adjustment expenses,
salvage, or otherwise due one party to the other, its successors or
assigns, hereunder or under any other Arrangements heretofore or
hereafter entered into between the Company and FEMA. This right of
offset shall not be affected or diminished because of insolvency of the
Company.
    All debts or credits of the same class, whether liquidated or
unliquidated, in favor of or against either party to this Arrangement
on the date of entry, or any order of conservation, receivership, or
liquidation, shall be deemed to be mutual debts and credits and shall
be offset with the balance only to be allowed or paid. No offset shall
be allowed where a conservator, receiver, or liquidator has been
appointed and where an obligation was purchased by or transferred to a
party hereunder to be used as an offset.
    Although a claim on the part of either party against the other may
be unliquidated or undetermined in amount on the date of the entry of
the order, such claim will be regarded as being in existence as of the
date of such order and any credits or claims of the same class then in
existence and held by the other party may be offset against it.

Article XI. Equal Opportunity
    A. Age Discrimination Act of 1975. The Company must comply with the
requirements of the Age Discrimination Act of 1975, Public Law 94-135
(42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of
age in any program or activity receiving federal financial assistance.
    B. Americans with Disabilities Act. The Company must comply with
the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Public Law 101-336 (42 U.S.C. 12101-12213), which
prohibits recipients from discriminating on the basis of disability in
the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities.
    C. Civil Rights Act of 1964--Title VI. The Company must comply with
the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), which provides that no person in the United States
will, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal
financial assistance. Department of Homeland Security implementing
regulations for the Act are found at 6 CFR part 21 and 44 CFR part 7.
    D. Civil Rights Act of 1968. The Company must comply with Title
VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601-3619), which
prohibits recipients from discriminating in the sale, rental,
financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national
origin, religion, disability, familial status, and sex as implemented
by the U.S. Department of Housing and Urban Development at 24 CFR part
100.
    E. Rehabilitation Act of 1973. The Company must comply with the
requirements of Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), which provides that no otherwise qualified handicapped
individuals in the United States will, solely by reason of the
handicap, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity
receiving federal financial assistance.
Article XII. Access to Books and Records
    A. Audits. FEMA, the Department of Homeland Security, and the
Comptroller General of the United States, or their duly authorized
representatives, for the purpose of investigation, audit, and
examination shall have access to any books, documents, papers and
records of the Company that are pertinent to this Arrangement. The
Company shall keep records that fully disclose all matters pertinent to
this Arrangement, including premiums and claims paid or payable under
policies issued pursuant to this Arrangement. Records of accounts and
records relating to financial assistance shall be retained and
available for three (3) years after final settlement of accounts, and
to financial assistance, three (3) years after final adjustment of such
claims. FEMA shall have access to policyholder and claim records at all
times for purposes of the review, defense, examination, adjustment, or
investigation of any claim under a flood insurance policy subject to
this Arrangement.
    B. Nondisclosure by FEMA. FEMA, to the extent permitted by law and
regulation, will safeguard and treat information submitted or made
available by the Company pursuant to this Arrangement as confidential
where the information has been marked ``confidential'' by the Company
and the Company customarily keeps such information private or closely-
held. To the extent permitted by law and regulation, FEMA will not
release such information to the public pursuant to a Freedom of
Information Act (FOIA) request, 5 U.S.C. 552, without prior
notification to the Company. FEMA may transfer documents provided by
the Company to any department or agency within the Executive Branch or
to either house of Congress if the information relates to matters
within the organization's jurisdiction. FEMA may also release the
information submitted pursuant to a judicial order from a court of
competent jurisdiction.
    C. Nondisclosure by Company.
    1. In general. The Company, to the extent permitted by law, must
safeguard and treat information submitted or made available by FEMA
pursuant to this Arrangement as confidential where the information has
been marked or identified as ``confidential'' by FEMA and FEMA
customarily keeps such information private or closely-held. The Company
may not disclose such confidential information to a third-party without
the express written consent of FEMA or as otherwise required by law.
    2. Other protections. Article XII.C.1 shall not be construed as to
limit the effect of any other requirement on the Company to protect
information from disclosure, including a joint defense agreement or
under the Privacy Act.
Article XIII. Compliance With Act and Regulations
    This Arrangement and all policies of insurance issued pursuant
thereto are subject to Federal law and regulations.
Article XIV. Relationship Between the Parties and the Insured
    Inasmuch as the Federal Government is a guarantor hereunder, the
primary relationship between the Company and the Federal Government is
one of a fiduciary nature, that is, to assure that any taxpayer funds
are accounted for and appropriately expended. The Company is a fiscal
agent of the Federal Government, but is not a general agent of the
Federal Government. The Company is solely responsible for its
obligations to its insured under any policy issued pursuant hereto,
such that the Federal Government is not a proper party to any lawsuit
arising out of such policies.

(Authority: 42 U.S.C. 4071, 4081; 44 CFR 62.23)

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Federal
Emergency Management Agency.
[FR Doc. 2021-06714 Filed 3-31-21; 8:45 am]
BILLING CODE 9111-52-P


[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45038-45039]
[DOCID:fr10au07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12810-000]

Natural Currents Energy Services, LLC; Notice of Application
Accepted for Filing and Soliciting Motions To Intervene, Protests, and
Comments

August 6, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12810-000.
    c. Date filed: July 10, 2007.
    d. Applicant: Natural Currents Energy Services, LLC.
    e. Name of Project: Housatonic Tidal Energy Plant.
    f. Location: The project would be located in the Housatonic River
near the towns of Shelton and Derby, approximately one-half mile south
of Wooster Island, in Fairfield and New Haven Counties, Connecticut.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Roger Bason, Natural Currents Energy
Services, LLC, 24 Roxanne Boulevard, Highland, NY 12561, phone (845)-
691-4008.

    i. FERC Contact: Chris Yeakel,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) One or several Tidal In-Stream Energy Conversion (TISEC) devices,
using new technology, such as the Gorlov Helical Turbine and/or Natural
Currents Red Hawk TISEC technology, (2) anchoring systems, (3) mooring
lines, and (4) interconnection transmission lines. The initial project
installation is estimated to have an installed capacity up to 3
megawatts, and an average annual generation of 9,000 megawatt-hours per
year, which would be sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; see 18 C.F.R. 385.2001 (a)(1)(iii)
and the instructions on the Commission's Web site under ``e-filing''
link. The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``COMPETING APPLICATION'' OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-15644 Filed 8-9-07; 8:45 am]

BILLING CODE 6717-01-P