[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33439-33441]
[FR Doc No: 2017-15031]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0701; Directorate Identifier 2016-SW-063-AD;
Amendment 39-18962; AD 2017-15-02]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron, Inc. (Bell)
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Bell
Model 212 and Model 412 helicopters. This AD requires replacing certain
oil and fuel check valves and prohibits installing them on any
helicopter. This AD is prompted by a report of cracked or leaking check
valves. These actions are intended to address an unsafe condition on
these helicopters.

DATES: This AD becomes effective August 4, 2017.
    We must receive comments on this AD by September 18, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0701; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the economic evaluation, any comments received, and
other information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this final rule, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone
(817) 280-3391; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review the referenced service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Jurgen E. Priester, Aviation Safety
Engineer, Delegation Systems Certification Office, ASW-130, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    We are adopting a new AD for Bell Model 212 and Model 412
helicopters. This AD is prompted by a report that certain part numbered
209-062-520-001 check valves manufactured by Circor Aerospace as
replacement parts have been found cracked or leaking on several Bell
Model 427 and Model 429 helicopters. These check valves may be
installed as engine oil check valves on Bell Model 212 helicopters.
Similar check valves, part number 209-062-607-001, may be installed as
fuel check valves on Bell Model 212 or 412 helicopters. These check
valves may have a condition induced during assembly that can cause the
valve body to crack, resulting in oil or fuel leakage. These suspect
check valves are marked ``Circle Seal'' and were manufactured between
October 2011 and March 2015. If not corrected, this condition could
result in a crack, fuel or oil leakage, and subsequent failure of the
engine or a fire and loss of control of the helicopter.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other helicopters of these same type
designs.

Related Service Information

    We reviewed Bell Alert Service Bulletin (ASB) 212-15-153, dated
September 4, 2015 (212-15-153), and Bell ASB 212-15-155, dated
September 15, 2015 (212-15-155), for Model 212 helicopters and Bell ASB
412-15-168, dated September 15, 2015 (412-15-168), for Model 412
helicopters. ASB 212-15-153 describes procedures for inspecting and
replacing engine oil check valve part number (P/N) 209-062-520-001
installed on certain serial-numbered Model 212 helicopters. ASB 212-15-
155 and ASB 412-15-168 describe procedures for inspecting and replacing
fuel check valve P/N 209-062-607-001 installed on certain serial-
numbered Model 212 and Model 412 helicopters.

AD Requirements

    This AD requires, within 25 hours time-in-service (TIS), replacing
the engine oil and fuel check valves.
    This AD also prohibits installing a check valve P/N 209-062-520-001
or P/N 209-062-607-001 that was manufactured by Circor Aerospace,
marked ``Circle Seal,'' and marked with a manufacturing date code of
``10/11'' (October 2011) through ``03/15'' (March 2015) on any
helicopter.

Differences Between This AD and the Service Information

    The manufacturer's service information describes procedures for an
inspection of the check valves within 25 hours TIS for a crack and
allows 300 hours TIS to determine if the valve is affected and to
replace any affected check valve. This AD requires replacing all
affected check valves within 25 hours TIS.

Costs of Compliance

    We estimate that this AD affects 161 (59 Model 212 and 102 Model
412) helicopters of U.S. Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. At an average labor rate of $85, replacing each
check valve (engine oil or fuel) will require about 1 work-hour, and
required parts will cost $85. For the Model 212, we estimate a total
cost of $340 per helicopter and $20,060 for the U.S. fleet. For the
Model 412, we estimate a total cost of $170 per helicopter and $17,340
for the U.S. fleet.
    According to Bell's service information some of the costs of this
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage by Bell.
Accordingly, we have included all costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because the actions required by this
AD must be accomplished within 25 hours TIS, a very short interval for
helicopters used in firefighting and logging operations.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
Reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-15-02 Bell Helicopter Textron, Inc. (Bell): Amendment 39-18962;
Docket No. FAA-2017-0701; Directorate Identifier 2016-SW-063-AD.

(a) Applicability

    This AD applies to Bell Model 212 and 412 helicopters,
certificated in any category, with an engine oil check valve part
number (P/N) 209-062-520-001 or fuel check valve P/N 209-062-607-001
manufactured by Circor Aerospace, marked ``Circle Seal'' and with a
manufacturing date code of ``10/11'' (October 2011) through ``03/
15'' (March 2015), installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a cracked or leaking
check valve, which could result in loss of lubrication or fuel to
the engine, failure of the engine or a fire, and subsequent loss of
control of the helicopter.

(c) Effective Date

    This AD becomes effective August 4, 2017.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 25 hours time-in-service:
    (i) Replace each fuel check valve.
    (ii) For Model 212 helicopters, replace each engine oil check
valve.
    (2) After the effective date of this AD, do not install any
check valve P/N 209-062-520-001 or P/N 209-062-607-001 manufactured
by Circor Aerospace, marked ``Circle Seal'' and with a manufacturing
date code of ``10/11'' (October 2011) through ``03/15'' (March
2015), on any helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Delegation Systems Certification Office, FAA,
may approve AMOCs for this AD. Send your proposal to: Jurgen E.
Priester, Aviation Safety Engineer, Delegation Systems Certification
Office, ASW-130, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    Bell Alert Service Bulletin (ASB) 212-15-153, dated September 4,
2015; Bell ASB 212-15-155, dated September 15, 2015; and Bell ASB
412-15-168, dated September 15, 2015, which are not incorporated by
reference, contain additional information about the subject of this
AD. For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review this service information
at the FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

(h) Subject

    Joint Aircraft Service Component (JASC) Codes: 7900 Engine Oil
System and 2800 Aircraft Fuel System.

    Issued in Fort Worth, Texas, on July 7, 2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2017-15031 Filed 7-19-17; 8:45 am]
 BILLING CODE 4910-13-P


TSD-1c

Emissions Processing for 2002 OTC Regional and Urban

12km Base Year Simulation

Bureau of Air Quality Analysis and Research

Division of Air Resources

New York State Department of Environmental Conservation

Albany, NY 12233

March 19, 2007

Overview

All emissions processing for the revised 2002 OTC regional and urban 12
km base case simulations was performed with SMOKE2.1 compiled on a Red
Hat 9.0 Linux operating system with the Portland group fortran compiler
version 5.1. The emissions processing was performed on a month-by-month
and RPO-by-RPO basis, i.e. SMOKE processing was performed for each month
for each of the RPOs (MANE-VU, VISTAS, CENRAP, MRPO) individually as
well as for Canada. For each month/RPO combination, a separate SMOKE
ASSIGNS file was created, and the length of the episode in each of these
ASSIGNS files was set to the entire month. Also, as discussed in Section
3, there was no difference between “episode-average” temperatures
and “monthly-average” temperatures for the Mobile6 simulations that
used the option of temperature averaging.

This document is structured as follows: A listing of all emission
inventories is given in Section 2, organized by RPO and source category.
Section 3 discusses the Mobile6 processing approach employed for the
different RPOs, while Section 4 describes the processing of biogenic
emissions with BEIS3.12. Finally, Sections 5 through7 describe the
temporal allocation, speciation, and spatial allocation of the emissions
inventories, respectively.

Emission Inventories

MANE-VU

Version 3 of the MANE_VU inventory was utilized to generate CMAQ-ready
emissions. This emissions inventory data were obtained from the MANEVU
archive in April 2006.

Area Sources

Files: MANEVU_AREA_SMOKE_INPUT_ANNUAL_SUMMERDAY_040606.txt and
MANEVU_AREA_SMOKE_INPUT_ANNUAL_WINTERDAY_040606.txt prepared by PECHAN,
downloaded from   HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org
(username mane-vu, password exchange)

Fugitive dust correction: This was applied as county-specific correction
factors for SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; the
correction factor file gcntl.xportfrac.txt was obtained from EPA’s
CAIR NODA ftp site   HYPERLINK "http://www.airmodelingftp.com"
http://www.airmodelingftp.com  (password protected).; this adjustment
was performed using the SMOKE programs cntlmat and grwinven to generate
an adjusted IDA inventory file used for subsequent SMOKE processing

Nonroad Sources

File: MANEVU_NRD2002_SMOKE_030306 prepared by PECHAN; downloaded from
HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org  (username mane-vu,
password exchange)

Mobile Sources

VMT/Speed: MANEVU_2002_mbinv_02022006_addCT.txt prepared by PECHAN and
NESCAUM; downloaded from
http://bronze.nescaum.org/Private/junghun/MANE-VU/onroad_ver3_update/MAN
EVU_V3_update.tar

Point Sources

Files: MANEVU_Point_SMOKE_INPUT_ANNUAL_SUMMERDAY_041006.txt and
MANEVU_Point_SMOKE_INPUT_ANNUAL_WINTERDAY_041006.txt prepared by PECHAN
were downloaded from   HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org
(username mane-vu, password exchange)

Fugitive dust correction: This was applied as county-specific correction
factors for SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; the
correction factor file gcntl.xportfrac.txt was obtained from EPA’s
CAIR NODA ftp site   HYPERLINK "http://www.airmodelingftp.com"
http://www.airmodelingftp.com  (password protected).; this adjustment
was performed using the SMOKE programs cntlmat and grwinven to generate
an adjusted IDA inventory file used for subsequent SMOKE processing

Corrected the omission of 2,100 tons/year VOC emissions from several
point sources in NJ. NJDEP provided updated IDA files on June 30 that
were used for modeling.

CENRAP

The inventory data were obtained from the CENRAP ftp site in March 2006
and reflect version BaseB of the CENRAP inventory.

Area Sources

Files:

CENRAP_AREA_SMOKE_INPUT_ANN_STATES_081705.txt

CENRAP_AREA_MISC_SMOKE_INPUT_ANN_STATE_071905.txt

CENRAP_AREA_BURNING_SMOKE_INPUT_ANN_TX_ NELI_071905.txt

CENRAP_AREA_MISC_SMOKE_INPUT_NH3_MONTH_{MMM} _072805.txt where {MMM} is
JAN, FEB, … DEC

CENRAP_AREA_SMOKE_INPUT_NH3_MONTH_{MMM} _071905.txt where {MMM} is JAN,
FEB, … DEC

Fugitive dust correction: This was applied as county-specific correction
factors for SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; the
correction factor file gcntl.xportfrac.txt was obtained from EPA’s
CAIR NODA ftp site   HYPERLINK "http://www.airmodelingftp.com"
http://www.airmodelingftp.com  (password protected).; this adjustment
was performed using the SMOKE programs cntlmat and grwinven to generate
an adjusted IDA inventory file used for subsequent SMOKE processing

Note about area and nonroad source SMOKE processing for the CENRAP
region: All area source inventories (both annual and month-specific)
were processed in one step through SMOKE. SMK_AVEDAY_YN was set to N, so
seasonal profiles were used to apportion the annual inventories numbers
by month. This setting was also used for the nonroad processing
performed in a separate step. This was necessary since the
month-specific files had zero in their ‘average-day’ column and the
annual total column reflects the “monthly emissions as annual
totals” as per header line. Therefore, seasonal profiles are used to
apportion both the annual and month-specific files. As described below,
we utilized the temporal profiles and cross-reference files generated by
CENRAP. However, we did not verify that this approach indeed leads to
the intended monthly allocation of ammonia and nonroad emissions.

Nonroad Sources

Files:

CENRAP_NONROAD_SMOKE_INPUT_ANN_071305.txt

CENRAP_NONROAD_SMOKE_INPUT_MONTH_{MMM}_071305.txt where {MMM} is JAN,
FEB, … DEC

Mobile Sources

VMT/Speed files:

mbinv02_vmt_cenrap_ce.ida

mbinv02_vmt_cenrap_no.ida

mbinv02_vmt_cenrap_so.ida

mbinv02_vmt_cenrap_we.ida

Point Sources

File: CENRAP_POINT_SMOKE_INPUT_ANNUAL_DAILY_072505.txt

Fugitive dust correction: This was applied as county-specific correction
factors for SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; the
correction factor file gcntl.xportfrac.txt was obtained from EPA’s
CAIR NODA ftp site   HYPERLINK "http://www.airmodelingftp.com"
http://www.airmodelingftp.com  (password protected).; this adjustment
was performed using the SMOKE programs cntlmat and grwinven to generate
an adjusted IDA inventory file used for subsequent SMOKE processing.

VISTAS

All VISTAS emission files were obtained from the Alpine Geophysics ftp
site. They reflect version BaseG of the VISTAS inventory with the
exception of fire emissions which reflect BaseF and BaseD. These files
were downloaded between February and August, 2006.

Area Sources

Files:

arinv_vistas_2002g_2453922_w_pmfac.txt

ida_ar_fire_2002_vistaonly_basef.ida

Note: the header lines of these files indicate that the fugitive dust
correction was already applied, so no further correction was performed.

Nonroad Sources

Files:

nrinv_vistas_2002g_2453908.txt

marinv_vistas_2002g_2453972.txt

Mobile Sources

VMT/Speed file: mbinv_vistas_02g_vmt_12jun06.txt

Point Sources

Files:

Annual:

egu_ptinv_vistas_2002typ_baseg_2453909.txt

negu_ptinv_vistas_2002typ_baseg_2453909.txt

ptinv_fires_{MM}_typ.vistas.ida where {MM} is 01, 02, 03, etc. depending
on the month; these annual point fire files were generated as part of
the VISTAS BaseD inventory and were obtained in January 2005

Hour-specific:

pthour_2002typ_baseg_{MMM}_28jun2006.ems where {MMM} is jan, feb, mar,
etc.

pthour_fires_{MM}_typ.vistas.ida where {MM} is 01, 02, 03, etc.
depending on the month; these hourly point fire files were generated as
part of the VISTAS BaseD inventory and were obtained in January 2005

Note: No fugitive dust correction was performed for these files.

MRPO

MRPO emissions for SMOKE modeling were generated by Alpine Geophysics
through a contract from MARAMA to convert the MRPO BaseK inventory from
NIF to IDA format. The files were downloaded from the MARAMA ftp site
HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org  (username mane-vu,
password exchange) between April and June 2006.

Area Sources

Files:

Annual:

arinv_mar_mrpok_2002_27apr2006.txt

arinv_other_mrpok_2002_20jun2006.txt

Month-specific:

arinv_nh3_2002_mrpok_{mmm}_3may2006.txt where {mmm} is jan, feb, etc.

dustinv_2002_mrpok_{mmm}_23may2006.txt where {mmm} is jan, feb, etc.

Fugitive dust correction: This correction was performed only to the
arinv_other_mrpok_2002_20jun2006.txt file using county-specific
correction factors for SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; the
correction factor file gcntl.xportfrac.txt was obtained from EPA’s
CAIR NODA ftp site   HYPERLINK "http://www.airmodelingftp.com"
http://www.airmodelingftp.com  (password protected).; this adjustment
was performed using the SMOKE programs cntlmat and grwinven to generate
an adjusted IDA inventory file used for subsequent SMOKE processing.

Note about area source SMOKE processing: SMOKE processing was performed
separately for the annual and month-specific files. For the annual
inventory processing, SMK_AVEDAY_YN was set to N, so seasonal profiles
were used to apportion the annual inventories numbers by month. For the
month-specific inventory processing, this variable was set to Y so that
no seasonal profiles would be applied and the inventory numbers in the
‘average day’ column would be used. To save a SMOKE processing step,
the annual “marine” inventory
“arinv_mar_mrpok_2002_27apr2006.txt” was processed together with the
annual “other area source” inventory
“arinv_other_mrpok_2002_20jun2006.txt” even though it technically is
part of the nonroad inventory.

Nonroad Sources

Files: nrinv_2002_mrpok_{mmm}_3may2006.txt where {mmm} is jan, feb, etc.

Mobile Sources

VMT/Speed file: mbinv_mrpo_02f_vmt_02may06.txt

Point Sources

Files: ptinv_egu_negu_2002_mrpok_1may2006.txt

Fugitive dust correction: This correction was performed only to the
arinv_other_mrpok_2002_20jun2006.txt file using county-specific
correction factors for SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; the
correction factor file gcntl.xportfrac.txt was obtained from EPA’s
CAIR NODA ftp site   HYPERLINK "http://www.airmodelingftp.com"
http://www.airmodelingftp.com  (password protected).; this adjustment
was performed using the SMOKE programs cntlmat and grwinven to generate
an adjusted IDA inventory file used for subsequent SMOKE processing.

Canada

Area Sources

File: AS2000_SMOKEready.txt obtained from   HYPERLINK
"ftp://ftp.epa.gov/EmisInventory/canada_2000inventory"
ftp://ftp.epa.gov/EmisInventory/canada_2000inventory

Fugitive dust correction: We applied “divide-by-four” correction for
SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; this
adjustment was performed outside SMOKE with in-house Fortran programs.
No county/province-specific correction factors were available for Canada

Nonroad Sources

File: NONROAD2000_SMOKEready.txt obtained from   HYPERLINK
"ftp://ftp.epa.gov/EmisInventory/canada_2000inventory"
ftp://ftp.epa.gov/EmisInventory/canada_2000inventory

Mobile Sources

File: MOBILE2000_SMOKEready.txt obtained from   HYPERLINK
"ftp://ftp.epa.gov/EmisInventory/canada_2000inventory"
ftp://ftp.epa.gov/EmisInventory/canada_2000inventory

Fugitive dust correction: applied “divide-by-four” correction for
SCC’s listed at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/invent/index.html#dust"
http://www.epa.gov/ttn/chief/emch/invent/index.html#dust ; this
adjustment was performed outside of SMOKE with in-house Fortran
programs. No county/province-specific correction factors were available
for Canada.

Point Sources

There has long been difficulty in obtaining an up-to-date Canadian
criteria emissions inventory for point sources. This is due largely to
confidentiality rights afforded to Canadian facilities. Thus far, the
most recent inventory of Canadian point sources is rooted in the 1985
NAPAP data and is close to two decades old.  Because there are a number
of high emitting industrial facilities in southern Canada it is of
particular importance to have a reasonably accurate inventory of these
sources especially when modeling air quality over the Northeast and
Midwest United States.  Toward this end, an effort was made to obtain
more recent Canadian point source data and incorporate it into an
inventory database, which could then be used for the 2002 OTC air
quality modeling.

Perhaps the most accurate and publicly accessible source of Canadian
pollutant data is now available from the National Pollutant Release
Inventory (NPRI) database. This database contains 268 substances.
Facilities that manufacture, process or otherwise use one of these
substances and that meet reporting thresholds are required to report
these emissions to Environment Canada on an annual basis. The NPRI data
are available at Environment Canada’s website and can be found at the
link   HYPERLINK "http://www.ec.gc.ca/pdb/npri/npri_home_e.cfm"
http://www.ec.gc.ca/pdb/npri/npri_home_e.cfm . The page hosts an on-line
search engine where one can locate emissions by pollutant or location.
In addition, the entire database is available for download as an MS
Access or Excel file. The NPRI database contains numerous pages with a
rather comprehensive list of information.  Detailed information is
available about each facility, including location, activity and annual
emissions. In addition, facilities having stacks with a height of 50
meters or more are required to report stack parameters.

Unfortunately, one of the limitations of the NPRI database for modeling
purposes is that the data are only available at the facility level.
Emissions models require process level information, so in order to use
this data, a few generalizations had to be made. Each facility has a
Standard Industrial Classification (SIC) code associated with it;
however, emissions models require Source Classification Codes (SCC’s).
SCC’s are of critical importance as the emissions models use these
codes for assignment of temporal and speciation profiles. SIC codes
describe the general activity of a facility while SCC codes describe
specific processes taking place at each facility. While no direct
relationship exists between these two codes, a general albeit subjective
association can be made.

For the purposes of creating a model-ready inventory file it was
necessary to obtain the whole NPRI database.  After merging all the
necessary components from the NPRI database required in the SMOKE
inventory file, the SIC code from each facility was examined and
assigned an SCC code. In most cases, only a SCC3 level code was assigned
with confidence. While this is admittedly a less than desirable process,
it does allow for the use of the most recent emissions from the NPRI
database to be used in modeling. Furthermore, having some level of SCC
associated with these emissions will ensure that they will be assigned a
temporal and speciation profile by the model, other than the default.
Once the model-ready inventory file was developed, it was processed
through SMOKE.

Mobile6 Processing

MANE-VU

Mobile6 input files

Month-specific input files were prepared by PECHAN and NESCAUM and were
downloaded from
http://bronze.nescaum.org/Private/junghun/MANE-VU/onroad_ver3_update/MAN
EVU_V3_update.tar

Added the line “REBUILD EFFECTS    :0.10” to each file before the
SCENARIO record to override the Mobile6 default setting of 0.9 (90%) for
the “chip reflash” effectiveness

SMOKE/Mobile6 auxiliary files

SMOKE/Mobile6 auxiliary files were prepared by PECHAN and NESCAUM and
were downloaded from
http://bronze.nescaum.org/Private/junghun/MANE-VU/onroad_ver3_update/MAN
EVU_V3_update.tar

Temperature averaging

Following the setting in the MANEVU_2002_mvref.txt files, the following
procedures were used by SMOKE for temporal and spatial temperature
averaging in the calculation of emission factors:

Spatial averaging: temperatures were averaged over all counties that
share a common reference county (i.e. Mobile6 input file)

Temporal averaging for May – September emissions processing: no
temporal averaging was used, i.e. day-specific temperatures were used to
calculate emission factors for each day.

Temporal averaging for non-summer-months emissions processing: Temporal
averaging over the duration of the episode (i.e. the entire month, see
introduction) was used, i.e. monthly average temperatures were used to
calculate the emission factors.

CENRAP

Mobile6 input files

Mobile6 input files for the CENRAP region for January and July were
contained in the files central_M6_{MMM}.zip, north_M6_{MMM}.zip,
south_M6_{MMM}.zip, west_M6_{MMM}.zip where {MMM} is either jan or jul.
July input files were used for April – September processing, while
January input files were used for the remaining months

All files were downloaded from the CENRAP ftp site in March 2006.

SMOKE/Mobile6 auxiliary files

SMOKE/Mobile6 auxiliary files were contained in the files
central_M6_RD.zip, north_M6_RD.zip, south_M6_RD.zip, and west_M6_RD.zip.
The SMOKE MCREF, MVREF, and MCODES files were contained in the file
MOBILESMOKE_Inputs.zip. The MCREF and MVREF files were combined for the
different regions (“central”, “east”, “west”, “north”)

All files were downloaded from the CENRAP ftp site in March 2006.

Temperature averaging

The following procedures were used by SMOKE for temporal and spatial
temperature averaging in the calculation of emission factors according
to the setting in the mvref files:

Spatial averaging: no spatial averaging of temperatures, i.e. the
temperatures for the reference county is used to calculate emission
factors for all counties that share this reference county (i.e. Mobile6
input file)

Temporal averaging: Temporal averaging over the duration of the episode
(i.e. the entire month, see introduction) was used, i.e. monthly average
temperatures were used to calculate the emission factors.

VISTAS

Mobile6 input files

Month-specific Mobile6 input files were obtained from the Alpine
Geophysics ftp site in July 2006. They reflect version BaseG of the
VISTAS inventory.

SMOKE/Mobile6 auxiliary files

SMOKE/Mobile6 auxiliary files utilized were obtained from the Alpine
Geophysics ftp site in July 2006. They reflect version BaseG of the
VISTAS inventory.

Temperature averaging

The following procedures were used by SMOKE for the temporal and spatial
temperature averaging in the calculation of emission factors according
to the setting in the mvref_baseg.36k.ag.txt file:

Spatial averaging: temperatures averaged over all counties that share a
common reference county (i.e. Mobile6 input file)

Temporal averaging: Temporal averaging over the duration of the episode
(i.e. the entire month, see introduction) was used, i.e. monthly average
temperatures were used to calculate the emission factors.

MRPO

Mobile6 input files

Month-specific Mobile6 input files for SMOKE modeling were generated by
Alpine Geophysics through a contract from MARAMA. They are based on
version BaseK of the MRPO inventory. The files were downloaded from the
MARAMA ftp site   HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org
(username mane-vu, password exchange) in May 2006.

SMOKE/Mobile6 auxiliary files

SMOKE/Mobile6 auxiliary files for SMOKE modeling were generated by
Alpine Geophysics through a contract from MARAMA. They are based on
version BaseK of the MRPO inventory. The files were downloaded from the
MARAMA ftp site   HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org
(username mane-vu, password exchange) in May 2006.

Temperature averaging

The following procedures were used by SMOKE for the temporal and spatial
temperature averaging in the calculation of emission factors according
to the setting in the mvreg_mrpo_basek.txt file:

Spatial averaging: temperatures averaged over all counties that share a
common reference county (i.e. Mobile6 input file)

Temporal averaging: Temporal averaging over the duration of the episode
(i.e. the entire month, see introduction) was used, i.e. monthly average
temperatures were used to calculate the emission factors.

Biogenic Emission Processing

Hourly gridded biogenic emissions for the 12 km and 36 km modeling
domains were calculated by BEIS3.12 through SMOKE, using MCIP-processed
MM5 fields for temperature (“TA”, layer-1 temperature), solar
radiation (“RGRND”), surface pressure (“PRES”), and
precipitation (“RN” and “RC”). A ‘seasonal switch’ file was
generated by the SMOKE utility metscan to determine whether winter or
summer emission factors should be used for any given grid cell on any
given day. Winter emission factors are used from January 1st through the
date of the last frost and again from the data of the first frost in
fall through December 31st. Summer emission factors are used for the
time period in between. This calculation is performed separately for
each grid cell.

Temporal Allocation

MANE-VU

Area and nonroad sources

Generated as part of the MANE-VU version 1 inventory

amptpro.m3.us+can.manevu.030205.txt

amptref.m3.manevu.012405.txt

downloaded from   HYPERLINK "ftp://ftp.marama.org"  ftp.marama.org
(username mane-vu, password exchange) in January 2005

Mobile sources

MANEVU_2002_mtpro_02022006_addCT.txt

MANEVU_2002_mtref_02022006_addCT.txt

prepared by PECHAN and NESCAUM and downloaded from
http://bronze.nescaum.org/Private/junghun/MANE-VU/onroad_ver3_update/MAN
EVU_V3_update.tar

Point Sources

Based on the same files as for the MANE-VU area and nonroad temporal
files listed above, but added the CEM-based 2002 state-specific temporal
profiles and cross-references for EGU sources for the MANE-VU states
that were generated by VISTAS for their BaseD modeling and obtained in
February 2005.

No CEM-based hour-specific EGU emissions were utilized

CENRAP

The following temporal profiles and cross-reference files were used:

Area and nonroad sources:

amptpro.m3.us+can.cenrap.010605_incl_nrd.txt

amptref.m3.cenrap.010605_add_nh3_and_nrd.txt

Mobile sources:

mtpro.cenrap.v3.txt

mtref.cenrap.v3.txt

Point sources:

ptpro.{QQ}.cenrap_egus_cem.00-03avg.121205.txt where {QQ} is Q1 for
January/February/March, Q2 for April/May/June, etc.

ptref.{QQ}.cenrap_egus_cem.00-03avg.121205.txt where {QQ} is Q1 for
January/February/March, Q2 for April/May/June, etc.

All files were downloaded from the CENRAP ftp site in March 2006.

VISTAS

The following month-specific temporal profiles and cross-reference files
were used:

Area and nonroad sources:

atpro_vistas_basef_15jul05.txt

atref_vistas_basef_15jul05.txt

Mobile sources:

mtpro_vistas_basef_04jul05.txt

mtref_us_can_vistas_basef_04jul05.txt

Point sources:

ptpro_typ_{MMM}_vistasg_28jun2006.txt where {MMM} is jan, feb, mar, etc.

ptref_typ_vistas_baseg_28jun2006.txt

These files were obtained from the Alpine Geophysics ftp site. They
reflect version BaseG of the VISTAS inventory for the point source
allocation files and version BaseF for the area, nonroad, and mobile
source allocation files. These files were downloaded between February
and July, 2006.

MRPO

The following month-specific temporal profiles and cross-reference files
were used for all source categories:

amptpro_typ_us_can_{MMM}_vistas_27nov04.txt where {MMM} is jan, feb,
mar, etc.

 amptref_2002_us_can_vistas_17dec04.txt

These files were obtained from VISTAS in January 2005 and reflect their
BaseD modeling. No updated temporal profiles or cross-reference files
were developed for use with the MRPO BaseK inventory.

Canada

For Canada, the SMOKE2.1 default temporal profiles and cross-reference
files (amptpro.m3.us+can.txt and amptref.m3.us+can.txt) were utilized.

Speciation

The same speciation profiles (gspro.cmaq.cb4p25.txt) and
cross-references (gsref.cmaq.cb4p25.txt) were utilized for all regions
and all source categories. Different versions of these files were
obtained (SMOKE2.1 default, EPA-CAIR modeling, VISTAS, CENRAP and
MANE-VU) and compared. After comparing the creation dates and header
lines of these files, it was determined that the EPA-CAIR and MANE-VU
files had the most recent updates, and consequently the final speciation
profile and cross-reference files used for all regions and source
categories was based on the EPA-CAIR files with the addition of MANE-VU
specific updates.

Spatial Allocation

U.S.

The spatial surrogates for the 12km domain were extracted from the
national grid 12km U.S. gridding surrogates posted at EPA’s website at
  HYPERLINK
"http://www.epa.gov/ttn/chief/emch/spatial/newsurrogate.html"
http://www.epa.gov/ttn/chief/emch/spatial/newsurrogate.html

The gridding cross-references were also obtained from this website, but
for the processing of MANE-VU area source emissions, MANE-VU specific
cross-reference entries posted on the MARAMA ftp site were added.

Canada

The spatial surrogates for Canadian emissions for the 12km domain were
extracted from the national grid 12km Canadian gridding surrogates
posted at EPA’s website at   HYPERLINK
"http://www.epa.gov/ttn/chief/emch/spatial/newsurrogate.html"
http://www.epa.gov/ttn/chief/emch/spatial/newsurrogate.html

The gridding cross-references were also obtained from this website.

Reference:

Pechan: (2006) Technical Support document for 2002 MANE-VU SIP Modeling
inventories, version 3. Prepared by E. H. Pechan & Associates, Inc. 3622
Lyckan Parkway, Suite 2005, Durham, NC 27707.

 PAGE

 PAGE   13


[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Notices]
[Page 16662-16663]
[DOCID:fr28mr08-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-13-000]

Floridian Natural Gas Storage Company, LLC; Notice of
Availability of the Draft Environmental Impact Statement for the
Floridian Natural Gas Storage Project

March 21, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this Draft Environmental Impact Statement
(EIS) for the natural gas facilities proposed by the Floridian Natural
Gas Storage Company, LLC (FGS) under the above-referenced docket. FGS's
proposed Floridian Natural Gas Storage Project (Project) would be
located approximately two miles north of the unincorporated
municipality of Indiantown in Martin County, Florida.
    The Draft EIS was prepared to satisfy the requirements of the
National Environmental Policy Act. The FERC staff concludes that the
proposed Project, with the appropriate mitigation measures as
recommended, would have limited adverse environmental impact.
    The U.S. Army Corps of Engineers, the U.S. Environmental Protection
Agency, and the U.S. Fish and Wildlife Service are cooperating agencies
for the development of this EIS. A cooperating agency has jurisdiction
by law or special expertise with respect to any environmental impact
involved with the proposal and is involved in the NEPA analysis.
    The general purpose of the proposed Project is to respond to the
growing demand for natural gas and natural gas infrastructure in the
United States, and, more specifically, in Florida. The Project would
enhance access to additional, competitively-priced supplies of natural
gas by providing liquefaction, storage, and vaporization services to
customers in Florida and the southeastern United States.
    The Draft EIS addresses the potential environmental effects of
construction and operation of the facilities listed below. FGS proposes
to construct and operate:
     An approximately 53.1 acre liquefied natural gas storage
facility;
     An approximately 4-mile-long, 12-inch-diameter receiving
pipeline to interconnect with and receive natural gas from the
Gulfstream and/or Florida Power & Light (FPL) lateral pipelines;
     An approximately 4-mile-long, 24-inch-diameter sendout
pipeline that would parallel the 12-inch pipeline and interconnect with
and deliver natural gas from the storage facility to the Gulfstream and
the FPL lateral pipelines;
     Interconnection points with the Gulfstream pipeline at
milepost (MP) 4.05 and with the FPL lateral at MP 4.18; and
     A metering and regulating station.
    Dependent upon Commission approval, FGS proposes to have the
facilities installed and operational within 36 months of commencing
construction; however, based on market conditions at the time of
construction, the storage facility construction may be separated into
two phases.
    The Draft EIS has been placed in the public files of the FERC and
is available for public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street, NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of copies of the Draft EIS are available from the
Public Reference Room identified above. In addition, CD-ROM copies of
the Draft EIS have been mailed to affected landowners; various federal,
state, and local government agencies; elected officials; environmental
and public interest groups; Native American tribes; local libraries and
newspapers; intervenors; and other individuals that expressed an
interest in the proposed Project. Hard-copies of the Draft EIS have
also been mailed to those who requested that format during the scoping
and comment periods for the proposed Project.

Comment Procedures and Public Meetings

    Any person wishing to comment on the Draft EIS may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that the Commission receives your comments before the date
specified below. Please carefully follow these instructions to ensure
that your comments are received and properly recorded.
     Send an Original and two copies of your comments to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1A, Washington, DC 20002.
     Reference Docket No. CP08-13-000.
     Label one copy of the comments for the attention of Gas
Branch 3.
     Mail your comments so that they will be received in
Washington, DC on or before May 5, 2008.
    The Commission strongly encourages electronic filing of any
comments, interventions or protests to this

proceeding. See 18 Code of Federal Regulations 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the link to ``Documents and Filings'' and ``eFiling.'' eFiling is
a file attachment process and requires that you prepare your submission
in the same manner as you would if filing on paper, and save it to a
file on your hard drive. New eFiling users must first create an account
by clicking on ``Sign up'' or ``eRegister.'' You will be asked to
select the type of filing you are making. This filing is considered a
``Comment on Filing.'' In addition, there is a ``Quick Comment'' option
available, which is an easy method for interested persons to submit
text only comments on a project. The Quick Comment User Guide can be
viewed at http://www.ferc.gov/docs-filing/efiling/quick-comment-
guide.pdf. Quick Comment does not require a FERC eRegistration account;
however, you will be asked to provide a valid e-mail address. All
comments submitted under either eFiling or the Quick Comment option are
placed in the public record for the specified docket or project
number(s).
    In lieu of or in addition to sending written comments, you are
invited to attend the public comment meeting the FERC will conduct in
the Project area to receive comments on the Draft EIS. The meeting is
scheduled for Wednesday, April 16, 2008 at 7 p.m. (EST) at the
Indiantown Civic Center, 15675 SW., Osceola Street, Indiantown, FL
34956<PHONE_NUMBER>).
    Interested groups and individuals are encouraged to attend and
present oral comments on the Draft EIS. Transcripts of the meetings
will be prepared and placed in the public file. After the comments are
reviewed, significant new issues are investigated, and modifications
are made to the Draft EIS, a Final EIS will be published and
distributed by the FERC staff. The Final EIS will contain the staff's
responses to timely comments received on the Draft EIS.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214). Only intervenors have the right to seek
rehearing of the Commission's decision. Anyone may intervene in this
proceeding based on this Draft EIS. You must file your request to
intervene as specified above.\1\ You do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the ``eLibrary
link,'' select ``General Search'' and enter the project docket number
excluding the last three digits (i.e., CP08-13) in the ``Docket
Number'' field. Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or TTY (202)
502-8659. The eLibrary link on the FERC Internet Web site also provides
access to the texts of formal documents issued by the Commission, such
as orders, notices, and rule makings.
    In addition, the FERC now offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/
esubscribenow.htm.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-6311 Filed 3-27-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Rules and Regulations]
[Pages 67654-67659]
[FR Doc No: 2021-25956]

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

Federal Emergency Management Agency

44 CFR Part 62

[Docket ID FEMA-2021-0030]
RIN 1660-AB13

National Flood Insurance Program: Removal of Best's Financial
Size Category From Write-Your-Own Participation Criteria

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

ACTION: Final rule.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is revising its
regulations to remove a requirement that a private insurance company
applying to participate in the Write-Your-Own program furnish its
Best's Financial Size Category for the purpose of setting marketing
goals.

DATES: This rule is effective November 29, 2021.

ADDRESSES: The docket for this rulemaking is available for inspection
using the Federal eRulemaking Portal at https://www.regulations.gov and
can be viewed by following that website's instructions.

FOR FURTHER INFORMATION CONTACT: Sarah Ice, Federal Insurance and
Mitigation Administration, FEMA, 400 C St. SW, Washington, DC 20472,
(202) 320-5577, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Discussion of the Rule

    The National Flood Insurance Act of 1968 (NFIA), as amended (42
U.S.C.

4001 et seq.), authorizes the Administrator of the Federal Emergency
Management Agency (FEMA) to establish and carry out the National Flood
Insurance Program (NFIP) to enable interested persons to purchase
insurance against loss resulting from physical damage to, or loss of,
real or personal property arising from flood in the United States. See
42 U.S.C. 4011(a). Congress intended the NFIP to be ``a program of
flood insurance with large-scale participation of the Federal
Government and carried out to the maximum extent practicable by the
private insurance industry.'' See 42 U.S.C. 4001(b). Under the NFIA,
FEMA may carry out the NFIP through the facilities of the Federal
Government, using for the purposes of providing flood insurance
coverage, insurance companies and other insurers, insurance agents and
brokers, and insurance adjustment organizations, as fiscal agents of
the United States. See 42 U.S.C. 4071.
    Pursuant to this authority, FEMA works closely with the insurance
industry to facilitate the sale and servicing of flood insurance
policies. A person can purchase an NFIP flood insurance policy, also
known as the Standard Flood Insurance Policy (SFIP), either: (1)
Directly from the Federal Government through a direct servicing agent,
or (2) from a private insurance company (referred to as a Write Your
Own (WYO) company) through the WYO Program. The SFIP sets out the terms
and conditions of insurance. FEMA establishes terms of insurance and
rates, which are the same whether purchased directly from the NFIP or
through the WYO Program.
    FEMA enters into a standard Financial Assistance/Subsidy
Arrangement (Arrangement) with the WYO companies, which addresses the
terms and conditions for administering the NFIP policies, including
compensation. FEMA publishes the annual Arrangement in the Federal
Register. See 44 CFR 62.23(a). FEMA published the Fiscal Year 2021
Arrangement in March 2020, which became effective October 1, 2020. 85
FR 17339 (Mar. 27, 2020).
    FEMA regulations at 44 CFR part 62, the ``Sale of Insurance and
Adjustment of Claims,'' set forth the manner in which NFIP flood
insurance is made available to the public in participating communities,
prescribes the general method by which FEMA exercises its
responsibility regarding the manner in which claims for losses are
paid, and states reasons for which a policy may be nullified or
cancelled and the associated refunds. Section 62.24, ``WYO
participation criteria,'' establishes the criteria with which private
insurance companies wishing to enter or reenter the WYO Program must
comply. Section 62.24(d) outlines requirements that private companies
must follow to demonstrate their plans to market flood insurance
policies.
    As part of Sec.  62.24(d) FEMA requires WYO companies to submit a
marketing plan to ensure each company is taking reasonable steps to
market flood insurance to the public. As a result, FEMA has set a goal
for each WYO company to provide positive net new growth of NFIP flood
policies, and encourages these companies by providing growth
incentives. See Fiscal Year 2021 Arrangement, IV.B.3. FEMA's intent
behind the policy growth incentive is to motivate WYO companies to help
FEMA in closing the insurance gap and to reach FEMA's goal of doubling
the number of properties covered against flood by 2022.\1\ Through the
policy growth incentives, FEMA provides to WYO companies a flat dollar
amount for each new policy they write. The actual incentive amount
varies by the extent of net policy growth a WYO company achieves (i.e.,
a larger net growth will lead to a larger incentive). FEMA limits the
total policy growth incentives paid to all WYO companies to two percent
of aggregate written premium for all companies. Id. To qualify for the
incentive, a WYO company must have an overall net policy growth of at
least one policy, and the new policies it writes must be new to the
NFIP, not a renewal previously written by another WYO company. FEMA
pays the incentive to qualifying WYO companies at the end of each
Arrangement year. Id.
---------------------------------------------------------------------------

    \1\ In 2017, the Federal Insurance and Mitigation Administration
set two ambitious goals: (1) To quadruple the investment in
mitigation across the nation by 2022, and (2) to double the number
of insurance policies across the nation by 2022. These goals have
become the basis for FEMA's Strategic Objective 1.1: Incentivize
investments that reduce risk, including pre-disaster mitigation, and
reduce disaster costs at all levels; and Objective 1.2: Close the
insurance gap. For more information, please see FEMA's Strategic
Plan 2018-2022 at https://www.fema.gov/sites/default/files/2020-03/fema-strategic-plan_2018-2022.pdf. Accessed Sept. 16, 2021.
---------------------------------------------------------------------------

    The last sentence of Sec.  62.24(d) states, ``A private insurance
company applying for participation in the WYO program shall also
furnish its Best's Financial Size Category for the purpose of setting
marketing goals.'' Best's, also known as ``AM Best,'' is a credit
rating agency. AM Best rating services assess the creditworthiness of
and/or reports on over 16,000 insurance companies worldwide.\2\
Currently, FEMA does not require companies to provide their specific
financial size category along with their marketing plan. This is
because FEMA does not consider the size of an insurance carrier when
formulating marketing strategies. Section 62.24(d) relates solely to
information needed for marketing, not information relating to assessing
a company's financial strength. If FEMA wanted to assess a carrier's
size, it could do so without requiring information from AM Best.
Carriers of all sizes use a rating agency, whether AM Best or a
competitor, to comply with their state Department of Insurance, so FEMA
could ask for that information if it wanted. In addition, most large
carriers, which comprise the majority of WYO carriers, already have an
AM Best rating and could make that information available. Moreover, in
lieu of rating agency information, FEMA could also use the number of
policies in force to assess carrier size. However, because the AM Best
requirement in Sec.  62.24(d) relates only to information needed to set
marketing goals, and because FEMA neither requires nor uses this
information for marketing, FEMA is removing from its regulations this
requirement upon the public.
---------------------------------------------------------------------------

    \2\ See https://www.ambest.com/home/default.aspx. Accessed June
24, 2021.
---------------------------------------------------------------------------

II. Regulatory Analysis

A. Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies
to publish a notice of proposed rulemaking in the Federal Register and
provide interested persons the opportunity to submit comments. See 5
U.S.C. 553(b) and (c). The APA provides an exception to this prior
notice and comment requirement for rules of agency organization,
procedure, or practice. 5 U.S.C. 553(b)(3)(A). This final rule is a
procedural rule promulgated for agency efficiency purposes. This action
is limited to updating FEMA's regulations to remove a requirement upon
WYO applicants to furnish a particular piece of information regarding
their financial size for the purpose of setting marketing goals that
FEMA does not actually need from them or use in practice. As such, this
rule simply updates FEMA's regulations to align with current Agency
practice. This rule does not affect the substantive rights or interests
of WYO applicants. The AM Best requirement in the last sentence of
Sec.  62.24(d) was only related to the determination of marketing
strategies; FEMA has never considered information from AM Best in

determining eligibility to participate in the WYO Program.
    Further, the APA generally requires that substantive rules
incorporate a 30-day delayed effective date. 5 U.S.C. 553(d). However,
the APA provides an exception to the 30-day delayed effective date for
rules which grant or recognize an exemption or relieve a restriction. 5
U.S.C. 553(d)(1). This rule relieves a restriction rendering private
insurance companies ineligible to participate in the WYO Program unless
they furnish information on their financial size. As mentioned above,
FEMA does not require this information in practice to determine
eligibility to participate, and is therefore updating its regulations
to remove this unnecessary restriction upon the public.

B. Executive Orders 12866, ``Regulatory Planning and Review'' and
13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, the rule has not been reviewed by
OMB. The following paragraphs explain the need for the updated
regulation, the affected population, and the benefits.
Need for Updated Regulation
    Current regulations require private insurance companies applying to
participate in the WYO program to furnish their Best's Financial Size
Category for the purpose of setting marketing goals. However, this is
no longer a FEMA practice as FEMA does not set marketing goals for
participating WYO companies. Instead, FEMA utilizes the policy growth
incentives to motivate companies to utilize their resources in the
marketing and sales of new NFIP policies. The purpose and goals of the
policy growth incentives is to (1) increase the number of customers
with flood insurance policies; (2) increase the financial stability of
the program by distributing the policy base and increasing focus on
lower risk policies; and (3) to act as a reinvestment to advance future
growth activities.
    The policy growth incentives provide a flat dollar amount for each
new policy a WYO company writes. To qualify for the policy growth
incentives, the company must have an overall net growth and the new
policies must be new to the NFIP and not a renewal previously written
by another WYO Company. The total policy growth incentives paid to WYO
companies will not exceed two percent of the aggregate net written
premium collected by all WYO companies. FEMA will pay those WYO
companies, who qualify for an incentive, at the end of the Arrangement
year.
    FEMA is issuing this final rule to remove a requirement that a
private insurance company applying to participate in the WYO program
furnish its Best's Financial Size Category for the purpose of setting
marketing goals.
Affected Population
    This rule affects private companies participating in and applying
for participation in the WYO Program. Currently there are 12 of the 56
WYO companies who are either ``Not Rated'' or have never been rated by
AM Best and do not utilize their service. This rule removes the
requirement to provide information that FEMA no longer enforces or uses
in implementing the NFIP. Although FEMA is no longer enforcing this
requirement, 44 WYO companies continue to use AM Best services. FEMA
will no longer require an AM Best rating because FEMA, to the extent
necessary, can accurately assess the size of a carrier for marketing
purposes without the rating. Nevertheless, size is not a consideration
FEMA uses when formulating marketing strategies. FEMA assumes most of
the larger carriers would continue to use AM Best for other purposes,
so FEMA will still be able to review the rating. Accordingly, FEMA
believes this change may have little to no effect on these companies'
choice to use a rating service.
Baseline
    FEMA is issuing this rule to align regulations with current FEMA
practice. Accordingly, FEMA is using a no-action baseline to show the
effects of this rule compared to current regulations and practice.
Costs
    FEMA expects the only costs from this rule to be the opportunity
cost of time for WYO companies to familiarize themselves with this
final rule. Currently, 56 private companies participate in the WYO
program. FEMA assumes that each company will have two Management
Analysts \3\ spending two hours to read and understand this rule. Using
the hourly mean wage rate of $42.62 per hour with a 1.45 wage
multiplier \4\ results in a total cost of $123.60 ($42.62 x 2 hours x
1.45) per company. Based on a total of 44 companies, the total cost of
this rule is estimated to be $5,438 in the first year.
---------------------------------------------------------------------------

    \3\ U.S. Department of Labor, Bureau of Labor Statistics, May
2020 National Industry-Specific Occupational Employment and Wage
Estimates, NAICS 524120--Direct Insurance (except Life, Health, and
Medical) Carriers. Available online at: https://www.bls.gov/oes/2020/may/naics5_524120.htm (mean wage rate for Management Analysts,
SOC: 13-1111, NAICS 524120). Accessed June 8, 2021.
    \4\ Bureau of Labor Statistics, the wage multiplier is
calculated by dividing total compensation for all workers of $38.60
by wages and salaries for all workers of $26.53 per hour yielding a
benefits multiplier of approximately 1.45. Available at https://www.bls.gov/news.release/archives/ecec_03182021.htm. Accessed June
8, 2021.
---------------------------------------------------------------------------

Distributional Effects
    This rule may result in distributional impacts to insurance rating
companies by removing a requirement that FEMA does not impose in
implementing the NFIP. This will simplify the Code of Federal
Regulations and reduce confusion, and further align the regulations
with FEMA's current exercise of its authority.
    Rating services are an important part of large insurance carriers'
business and FEMA believes their use of AM Best is not predicated on
the requirement in 44 CFR 62.24(d) for a size rating. Rather, large
insurance carriers use the rating to not only market their company to
policyholders but also to potential investors. It can also be required
for State regulatory purposes. In most instances they choose to use
multiple rating services. Moreover, the ``size'' category is not the
only service provided by the rating agencies as it is a small part of a
larger service. As such, FEMA does not believe this change will affect
large WYO companies' use of AM Best. It is possible that small WYO
companies who have continued to use AM Best may to choose to use the
services of a competitor. However, FEMA expects that these companies
will continue to use the services of a rating company as they have
continued to pay for AM Best services despite FEMA no longer enforcing
a requirement to do so. Accordingly, this rule may result in
distributional impacts as some WYOs may switch from AM Best to a
different rating company or use no rating company at all. There are no
impacts to

the Federal government associated with this rule.
Conclusion
    FEMA estimates this final rule will result in total costs to WYO
companies of $5,438 in the first year. There are no impacts to the
Federal government associated with this rule. FEMA believes this change
may have little to no effect on companies' choice to use a rating
service, but the rule may result in distributional impacts as some WYOs
may switch from AM Best to a different rating company.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996)
(5 U.S.C. 601 note) require that special consideration be given to the
effects of regulations on small entities. The RFA applies only when an
agency is ``required by section 553 . . . to publish general notice of
proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA
analysis is not required for this rulemaking because FEMA is not
required to publish a notice of proposed rulemaking.

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504,
1531-1536, 1571, pertains to any rulemaking which is likely to result
in the promulgation of any rule that includes a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million (adjusted
annually for inflation) or more in any one year. If the rulemaking
includes a Federal mandate, the Act requires an agency to prepare an
assessment of the anticipated costs and benefits of the Federal
mandate. The Act also pertains to any regulatory requirements that
might significantly or uniquely affect small governments. Before
establishing any such requirements, an agency must develop a plan
allowing for input from the affected governments regarding the
requirements.
    FEMA has determined that this rulemaking will not result in the
expenditure by State, local, and Tribal governments, in the aggregate,
nor by the private sector, of $100,000,000 or more in any one year as a
result of a Federal mandate, and it will not significantly or uniquely
affect small governments. Therefore, no actions are deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.

E. Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.),
FEMA may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless FEMA obtains approval
from the Office of Management and Budget (OMB) for the collection and
the collection displays a valid OMB control number. FEMA has determined
that this rulemaking does not contain any collections of information as
defined by that Act.

F. Privacy Act/E-Government Act

    Under the Privacy Act of 1974, 5 U.S.C. 552a, an agency must
determine whether implementation of a proposed regulation will result
in a system of records. A ``record'' is any item, collection, or
grouping of information about an individual that is maintained by an
agency, including, but not limited to, his/her education, financial
transactions, medical history, and criminal or employment history and
that contains his/her name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as a finger or
voice print or a photograph. See 5 U.S.C. 552a(a)(4). A ``system of
records'' is a group of records under the control of an agency from
which information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. An agency cannot disclose any record which is contained
in a system of records except by following specific procedures.
    The E-Government Act of 2002, 44 U.S.C. 3501 note, also requires
specific procedures when an agency takes action to develop or procure
information technology that collects, maintains, or disseminates
information that is in an identifiable form. This Act also applies when
an agency initiates a new collection of information that will be
collected, maintained, or disseminated using information technology if
it includes any information in an identifiable form permitting the
physical or online contacting of a specific individual.
    The system of record for the NFIP, DHS/FEMA-003--National Flood
Insurance Program Files, was published in the Federal Register on May
19, 2014 (79 FR 28747). This rule does not impact this existing system
of record, nor does it create a new system of record. Therefore, this
rule does not require coverage under an existing or new Privacy Impact
Assessment or System of Records Notice.

G. Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''

    Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' 65 FR 67249 (Nov. 9, 2000), applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Under this Executive order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal Government, or the agency
consults with Tribal officials.
    FEMA has reviewed this final rule under Executive Order 13175 and
has determined that it does not have a substantial direct effect on one
or more Indian tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes. This
rule relieves a requirement on private insurance companies to furnish
information on their financial size to participate in the WYO program.
The removal of this requirement will not affect the substantive rights
or interests of Indian Tribal governments.

H. Executive Order 13132, ``Federalism''

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
sets forth principles and criteria that agencies must adhere to in
formulating and implementing policies that have federalism
implications, that is, regulations that have substantial direct effects
on the States, on the relationship between the National Government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Federal agencies must closely examine
the statutory authority supporting any action that would limit the
policymaking discretion of the States, and to the extent practicable,
must consult with State and local officials before implementing any
such action.

    FEMA has determined that this rulemaking does not have a
substantial direct effect on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government, and
therefore does not have federalism implications as defined by the
Executive Order.

I. Executive Order 11988, ``Floodplain Management''

    Pursuant to Executive Order 11988, ``Floodplain Management,'' 42 FR
26951 (May 24, 1977), each agency must provide leadership and take
action to reduce the risk of flood loss, to minimize the impact of
floods on human safety, health and welfare, and to restore and preserve
the natural and beneficial values served by floodplains in carrying out
its responsibilities for (1) acquiring, managing, and disposing of
Federal lands and facilities; (2) providing Federally undertaken,
financed, or assisted construction and improvements; and (3) conducting
Federal activities and programs affecting land use, including but not
limited to water and related land resources planning, regulating, and
licensing activities. In carrying out these responsibilities, each
agency must evaluate the potential effects of any actions it may take
in a floodplain; ensure that its planning programs and budget requests
reflect consideration of flood hazards and floodplain management; and
prescribe procedures to implement the policies and requirements of the
Executive order.
    Before promulgating any regulation, an agency must determine
whether the proposed regulations will affect a floodplain(s), and if
so, the agency must consider alternatives to avoid adverse effects and
incompatible development in the floodplain(s). If the head of the
agency finds that the only practicable alternative consistent with the
law and with the policy set forth in Executive Order 11988 is to
promulgate a regulation that affects a floodplain(s), the agency must,
prior to promulgating the regulation, design or modify the regulation
to minimize potential harm to or within the floodplain, consistent with
the agency's floodplain management regulations. It must also prepare
and circulate a notice containing an explanation of why the action is
proposed to be located in the floodplain.
    The purpose of this rule is to remove a requirement on private
insurance companies to furnish information on their financial size to
participate in the WYO program. In accordance with 44 CFR part 9,
``Floodplain Management and Protection of Wetlands,'' FEMA determines
that the changes proposed in this rule would not have an effect on
floodplains.

J. Executive Order 11990, ``Protection of Wetlands''

    Executive Order 11990, ``Protection of Wetlands,'' 42 FR 26961 (May
24, 1977) sets forth that each agency must provide leadership and take
action to minimize the destruction, loss or degradation of wetlands,
and to preserve and enhance the natural and beneficial values of
wetlands in carrying out the agency's responsibilities. These
responsibilities include (1) acquiring, managing, and disposing of
Federal lands and facilities; and (2) providing federally undertaken,
financed, or assisted construction and improvements; and (3) conducting
Federal activities and programs affecting land use, including but not
limited to water and related land resources planning, regulating, and
licensing activities. Each agency, to the extent permitted by law, must
avoid undertaking or providing assistance for new construction located
in wetlands unless the head of the agency finds (1) that there is no
practicable alternative to such construction, and (2) that the proposed
action includes all practicable measures to minimize harm to wetlands
which may result from such use. In making this finding, the head of the
agency may take into account economic, environmental and other
pertinent factors.
    In carrying out the activities described in Executive Order 11990,
each agency must consider factors relevant to a proposal's effect on
the survival and quality of the wetlands. These include public health,
safety, and welfare, including water supply, quality, recharge and
discharge; pollution; flood and storm hazards; sediment and erosion;
maintenance of natural systems, including conservation and long term
productivity of existing flora and fauna, species and habitat diversity
and stability, hydrologic utility, fish, wildlife, timber, and food and
fiber resources. They also include other uses of wetlands in the public
interest, including recreational, scientific, and cultural uses. The
purpose of this rule is to remove a requirement on private insurance
companies to furnish information on their financial size to participate
in the WYO program. In accordance with 44 CFR part 9, ``Floodplain
Management and Protection of Wetlands,'' FEMA determines that the
changes in this rule would not have an effect on wetlands.

K. National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as
amended, 42 U.S.C. 4321 et seq., an agency must consider impacts of its
actions on the environment and prepare an environmental assessment or
environmental impact statement for any rulemaking that has potential to
significantly affect the quality of the human environment. A
categorical exclusion (CATEX) is a form of NEPA compliance that applies
to actions that do not need to undergo detailed environmental analysis
because it has been determined through experience that they typically
do not have a significant impact on the human environment. An agency
may apply a CATEX if the project fits within the identified criteria of
the CATEX.
    Rulemaking is a major Federal action subject to NEPA. CATEX M1(d)
included in the list of categorical exclusions found in the Department
of Homeland Security Instruction Manual 023-01-001-01, Revision 01,
Implementation of the National Environmental Policy Act, Appendix A,
issued November 6, 2014, covers activities in support of FEMA's
administration of the National Flood Insurance Program, including
revisions WYO participation criteria. This rule for the NFIP meets
CATEX M1(d) and does not require further analysis under NEPA.

L. Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5
U.S.C. 801-808, before a rule can take effect, the Federal agency
promulgating the rule must submit to Congress and to the Government
Accountability Office (GAO) a copy of the rule; a concise general
statement relating to the rule, including whether it is a major rule;
the proposed effective date of the rule; a copy of any cost-benefit
analysis; descriptions of the agency's actions under the Regulatory
Flexibility Act and the Unfunded Mandates Reform Act; and any other
information or statements required by relevant executive orders.
    FEMA has sent this final rule to the Congress and to GAO pursuant
to the CRA. The rule is not a ``major rule'' within the meaning of the
CRA. It will not have an annual effect on the economy of $100,000,000
or more; it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and it will not have

significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.

List of Subjects in 44 CFR Part 62

    Claims, Flood insurance, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Federal Emergency
Management Agency amends 44 CFR part 62 as follows:

PART 62--SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; 6 U.S.C. 101 et seq.

Subpart C--Write-Your-Own (WYO) Companies

Sec.  62.24  [Amended]

0
2. In Sec.  62.24, amend paragraph (d) by removing the last sentence.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-25956 Filed 11-26-21; 8:45 am]
BILLING CODE 9111-52-P