[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28757-28758]
[FR Doc No: 2018-13218]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0049]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on May 29, 2018, BNSF Railway
(BNSF) petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR 232.213, 232.15, and 232.103(f).
In addition, BNSF requests an exemption from the requirements of Title
49, United States Code (U.S.C.), section 20303, which prohibits the
movement of a rail vehicle with defective or insecure equipment beyond
the nearest available place at which the repairs can be made. See 49
U.S.C. 20306. FRA assigned the petition Docket Number FRA-2018-0049.
    Specifically, BNSF petitions FRA to conduct a pilot program on a
segment of their system to ``demonstrate that the use of wheel
temperature detectors (WTD) to prove brake health effectiveness (BHE)
will improve safety, reduce risks to employees, and provide cost
savings to the industry.'' Currently, the effectiveness of railroad
brake systems is verified by Class I initial terminal and Class IA
intermediate brake tests. BNSF proposes to supplement these visual
inspections with a wayside WTD, a device designed to directly measure
the rise in wheel temperatures because of a brake application. BNSF
asserts that such a measure of performance is objective, quantifiable,
and independent of conditions that can impair a visual inspection; such
as weather, lighting, human fatigue, or human error.
    BNSF states that a monitoring system using WTD data as an
alternative to the intermediate brake inspections is expected to
substantially improve the reliability of brake inspections, reduce on-
line setouts, and increase faulty part replacement, to improve the
safety performance of brake systems overall. BNSF plans to use
pyrometer sensors, a technology also used for hot wheel

detection, to measure the surface temperature of each wheel passing the
detector. Using data analysis algorithms, these temperature
measurements determine whether brakes on each axle and brake valve of a
car is applying when they should, and not applying when they should
not. A comparison to a baseline non-braking measurement against the
brake site measurement would be used to identify wheels with abnormal
brake readings for subsequent inspection, troubleshooting, and repair.
BNSF explains that its Safety Assurance Plan (SAP) describes how its
WTD system provides for each safety element required by the Class I and
Intermediate Brake Tests, outlines the level of brake system
performance that is expected from using the WTD and algorithms, and
describes how data will be collected to demonstrate that this level of
safety has been achieved.
    BNSF proposes to conduct a pilot program on extended haul, revenue-
service unit intermodal trains, operating between facilities in
California and Chicago, IL. These intermodal trains operate intact with
up to 1,702 miles between brake tests. Each test train will receive a
Class I brake test and predeparture test at the intermodal facility in
California or Chicago. In-route trains will pass WTD monitors located
both east and west of Belen, NM, to record braking performance through
power braking events. During this proposed pilot program, a minimum of
95 percent of brake valves in a train will be required to have
``qualified'' brakes between inspection points, meaning a brake valve
produces a wheel temperature statistically different from the baseline
test before braking is initiated. If there is any doubt about WTD
system performance, reliability, and data quality; or fewer than 95
percent of the brake valves in the consist that have qualified brakes
as verified by the automated WTD system, a manual intermediate
inspection will be performed at the designated inspection point. Class
I inspections and other operational and regulatory inspections will
continue to be performed, and any defects discovered by the Class I
brake test will be repaired before the car is approved to leave the
original terminal.
    Additionally, BNSF explains that it uses dragging equipment
detectors, hot wheel detectors, and hot box detectors to monitor
equipment that may have brakes not properly releasing, handbrakes left
on, or incorrect retainer valve positions. BNSF states that preliminary
tests conducted with the WTD system indicate that cars with ineffective
brakes are identified at a significantly higher rate than intermediate
brake tests. During the pilot test period, specific car repair data
resulting from abnormal brake detections will be analyzed to establish
the effectiveness of the WTD compared to manual inspections.
    FRA may grant an exemption from the requirements of 49 U.S.C. 20303
only on the basis of (1) evidence developed at a hearing; or (2) an
agreement between national railroad labor representatives and the
developer of the equipment or technology at issue. 49 U.S.C. 20306. In
support of its request for an exemption from 49 U.S.C. 20303, BNSF
notes that the public hearing FRA previously held to address a similar
request for exemption from the Union Pacific Railroad (Docket Number
FRA-2016-0018) addresses substantially the same issues as its current
request. Thus, BNSF asserts a separate public hearing on its current
request is unnecessary. FRA agrees and in considering BNSF's request in
this docket, FRA intends to rely on the findings of the hearing
conducted in Docket Number FRA-2016-0018.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by July 20, 2018 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-13218 Filed 6-19-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Page 26481]
[FR Doc No: 2018-12219]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1860]

Advisory Committee; Pulmonary-Allergy Drugs Advisory Committee,
Renewal

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; renewal of advisory committee.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
renewal of the Pulmonary-Allergy Drugs Advisory Committee by the
Commissioner of Food and Drugs (the Commissioner). The Commissioner has
determined that it is in the public interest to renew the Pulmonary-
Allergy Drugs Advisory Committee for an additional 2 years beyond the
charter expiration date. The new charter will be in effect until May
30, 2020.

DATES: Authority for the Pulmonary-Allergy Drugs Advisory Committee
will expire on May 30, 2020, unless the Commissioner formally
determines that renewal is in the public interest.

FOR FURTHER INFORMATION CONTACT: Cindy Chee, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002;<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.65 and approval by
the Department of Health and Human Services pursuant to 45 CFR part 11
and by the General Services Administration, FDA is announcing the
renewal of the Pulmonary-Allergy Drugs Advisory Committee (the
Committee). The Committee is a discretionary Federal advisory committee
established to provide advice to the Commissioner.
    The Committee advises the Commissioner or designee in discharging
responsibilities as they relate to helping to ensure safe and effective
drugs for human use and, as required, any other product for which FDA
has regulatory responsibility.
    The Committee reviews and evaluates available data concerning the
safety and effectiveness of marketed and investigational human drug
products for use in the treatment of pulmonary disease and diseases
with allergic and/or immunologic mechanisms and makes appropriate
recommendations to the Commissioner of Food and Drugs.
    The Committee shall consist of a core of 11 voting members
including the Chair. Members and the Chair are selected by the
Commissioner or designee from among authorities knowledgeable in the
fields of pulmonary medicine, allergy, clinical immunology, and
epidemiology or statistics. Members will be invited to serve for
overlapping terms of up to 4 years. Almost all non-Federal members of
this committee serve as Special Government Employees. The core of
voting members may include one technically qualified member, selected
by the Commissioner or designee, who is identified with consumer
interests and is recommended by either a consortium of consumer-
oriented organizations or other interested persons. In addition to the
voting members, the Committee may include one non-voting member who is
identified with industry interests.
    Further information regarding the most recent charter and other
information can be found at https://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/Pulmonary-AllergyDrugsAdvisoryCommittee/ucm107567.htm or by contacting the
Designated Federal Officer (see FOR FURTHER INFORMATION CONTACT). In
light of the fact that no change has been made to the committee name or
description of duties, no amendment will be made to 21 CFR 14.100.
    This document is issued under the Federal Advisory Committee Act (5
U.S.C. app.). For general information related to FDA advisory
committees, please check https://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: June 1, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12219 Filed 6-6-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Notices]
[Pages 55203-55205]
[FR Doc No: 2019-22386]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87249; File No. SR-CBOE-2019-076]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Amending
Its Fees Schedule

October 8, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 1, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its fees schedule. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fees Schedule in connection with
fees assessed for transactions in options on the MSCI Emerging Markets
Index (``MXEF'') (a proprietary product exclusively listed on the
Exchange). The Exchange intends to implement the proposed change on
October 1, 2019.
    The Exchange now proposes to waive the current fee $0.25 fee
assessed for Customer (``C'') transactions in MXEF, through December
31, 2019. The Exchange has experienced a precipitous decrease in MXEF
Customer volume in the last three months. Indeed, the average volume
per month from January 2019 through June 2019 was approximately 20,111
contracts. From July 2019 through September 2019 the average volume per
month was 17,613 contracts; an overall decrease of 12.4% per month. In
light of this decreasing volume trend in MXEF Customer volume, the
proposed three-month waiver of fees for MXEF Customer transactions is
designed to incentivize a renewed increase of Customer volume in MXEF
on the Exchange. The Exchange believes that incentivizing more Customer
orders in MXEF will create more trading opportunities, which, in turn
attracts Market-Makers. A resulting increase in Market-Maker activity
facilitates tighter spreads, which may lead to additional increase of
order flow in MXEF from other market participants, further contributing
to a deeper, more liquid market to the benefit of all market
participants by creating a more robust and well-balanced market
ecosystem. The Exchange notes the proposed waiver is applicable to all
Customer orders in MXEF.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act, in general, and furthers
the objectives of Section 6(b)(4), in particular, as it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among its Members and issuers and other persons using its
facilities. The Exchange also believes that the proposed rule change is
consistent with the objectives of Section 6(b)(5) requirements that the
rules of an exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest, and, particularly, is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
    In particular, the Exchange believes that the proposed waiver is
consistent with the Act in that it is reasonable, equitable, and not
unfairly discriminatory. First, the Exchange believes the proposed
waiver is reasonable because customers will not be charged any fee for
MXEF orders. The Exchange believes the proposed three-month waiver is
reasonable and equitable because it is designed to incentivize Customer
MXEF executions, whose order flow, as stated, enhances liquidity on the
Exchange for the benefit of all market participants by providing more
trading opportunities, which attracts Market-Makers. An increase in
Market-Maker activity in turn facilitates tighter spreads, which
potentially increases order flow from other market participants. In
addition to this, the Exchange believes that it is reasonable and
equitable to waive the Customer transaction fee in MXEF through
December 31, 2019, because this gives ample time to for the Exchange to
evaluate whether the waiver has resulted in the desired effect of
encouraging Customer order flow and, in turn, increased liquidity from
other market participants.
    The Exchange believes that the proposal represents an equitable
allocation of fees and is not unfairly discriminatory because the
waiver will apply to all Trading Permit Holders that submit Customer
orders in MXEF. Moreover, the Exchange notes that while the proposed
fee assessed for Customer orders will be lower than fees assessed for
other market participants \3\ the Exchange believes that the proposed
waiver is equitable and not unfairly discriminatory because, as
described above, Customer order flow enhances liquidity on the Exchange
for the benefit of all market participants. Moreover, the options
industry has a long history of providing preferential pricing to
Customers, and the Exchange's current Fee Schedule currently does so in
many places, as do the fees structures of multiple other exchanges.\4\
The Exchange notes that all fee amounts applicable to Customers will be
applied equally to all Customers, i.e., all Customers will be assessed
the same amount.
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    \3\ See Cboe Options Fees Schedule, ``Index Options Rate Table--
All Index Products Excluding Underlying Symbol List A (34) and
Sector Indexes''. Firms are assessed a transaction fee between $0.25
and $0.75, depending on the transaction type, and Market-Makers are
assessed a transaction fee between $0.03 and $0.23 based on a
sliding scale. See Cboe Options Fees Schedule, ``Liquidity Provider
Sliding Scale''.
    \4\ See MIAX Options Fee Schedule, Transaction Fees, SPIKES,
which gives preferential Customer treatment for transactions in MIAX
Option's proprietary product, SPIKES.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
not impose any burden on intramarket or intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
Rather, as discussed above, the Exchange believes that the proposed
change would encourage the submission of additional liquidity in MXEF,
in response to a recent decrease in MXEF order flow, thereby promoting
market depth, price discovery and transparency and enhancing order
execution opportunities for all TPHs.
    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed fee
waiver offered to Customers in MXEF will be assessed equally to all
such participants. As described above, preferential pricing to
Customers is a long-standing options industry practice which serves to
enhance Customer order flow, thereby attracting Marker-Makers to
facilitate tighter spreads and trading opportunities to the benefit of
all market participants.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed waiver applies to a product traded exclusively on the
Exchange. Overall, the proposed change is designed to encourage
additional order flow to the Exchange, which the Exchange believes
benefits all market participants on the Exchange by providing more
liquidity, thus trading opportunities, encouraging even more TPHs to
send orders, thereby contributing towards a robust and well-balanced
market ecosystem to the benefit of all market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \5\ and paragraph (f) of Rule 19b-4 \6\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2019-076 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2019-076. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2019-076 and should be submitted on
or before November 5, 2019.
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    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-22386 Filed 10-11-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 60 (Friday, March 27, 2020)]
[Notices]
[Pages 17339-17345]
[FR Doc No: 2020-06394]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0003]

National Flood Insurance Program (NFIP); Assistance to Private
Sector Property Insurers, Notice of FY 2021 Arrangement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency announces the Fiscal
Year 2021 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 25, 2020.

FOR FURTHER INFORMATION CONTACT: Sarah Devaney-Ice, Branch Chief,
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), as amended (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 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). Under the NFIA, FEMA has the authority
to undertake arrangements to carry out the NFIP through the facilities
of the Federal Government, utilizing, 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. To this end,
FEMA may ``enter into any contracts, agreements, or other appropriate
arrangements'' with private insurance companies to utilize their
facilities and services in administering the NFIP on such terms and
conditions as may be agreed 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).

II. Notice of Availability

    Insurers interested in participating in the WYO Program for Fiscal
Year 2021 must contact Sarah Devaney-Ice at<EMAIL_ADDRESS>by June 25, 2020.
    Prior participation in the WYO Program does not guarantee that 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
2021 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 2021 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 2020 Arrangement for
a period required for orderly transfer or cessation of the business and
settlement of accounts, not to exceed 18 months. See FY 2020
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 2021 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
2021 Arrangement provided below is substantially similar to the
previous year's Arrangement, but includes the following substantive
changes:
    1. Moved Article V (Commencement and Termination) to Article II to
improve organizational clarity, and renumbered following articles.
    2. In Article II.C, WYO companies will be required to notify FEMA
of their

intent to not re-subscribe to the Arrangement within 30 calendar days
of their decision. In the FY2020 Arrangement, such notification must be
made ``promptly''.
    3. Added Article II.G, which allows FEMA to extend the FY2021
Arrangement through December 31, 2022, but not to exceed 6 months
following the publication of the FY2022 Arrangement.
    4. Added new requirement in Article III.A.2 (Claims Processing)
requiring that all independent adjusters used by WYO companies must
either have a valid Flood Control Number or participate in the Flood
Adjuster Capacity Program, and that WYO companies must cooperate with
reinspections.
    5. Updated Article III.A.3 to reflect terminology and procedural
changes associated with the transition of the NFIP system of record to
Pivot.
    6. In Article III.A.4, added requirement to include Private Flood
Insurance Separation Plan, Privacy Protection Plan, and Technology Plan
in the Operations Plan submitted by WYO companies.
    7. Added Article III.I (Subrogation) to confirm a WYO company's
obligation to pursue subrogation claims or to refer such claims to
FEMA.
    8. Amended Article IV.D.3 (Oversight of Litigation), previously
titled ``Limitation on Litigation Costs,'' to reflect updated
litigation oversight procedures provided in the National Flood
Insurance Program Litigation Manual.
    9. Removed previous Article VI (Information and Annual Statements)
and moved paragraph (A) to Article III.J and paragraph (B) to Article
VI.D.
    10. Added paragraph to Article XII (Access to Books and Records),
providing that FEMA will protect confidential or proprietary
information submitted by WYO companies from disclosure to the extent
allowed by law.
    The Fiscal Year 2021 Arrangement reads as follows:

Financial Assistance/Subsidy Arrangement

Article I. Findings, Purposes, and Authority
    Whereas, the Congress in its ``Finding and Declaration of Purpose''
in the National Flood Insurance Act of 1968, Public Law 90-448, Title
XIII, as amended, (``the Act'' or ``Act'') recognized the benefit of
having the National Flood Insurance Program (the ``Program'' or
``NFIP'') ``carried out to the maximum extent practicable by the
private insurance industry'' (Section 1302 of the Act [42 U.S.C.
4001]); and
    Whereas, the Federal Emergency Management Agency (``FEMA''), which
operates the Program through its Federal Insurance and Mitigation
Administration (``FIMA''), recognizes this Arrangement as coming under
the provisions of Sections 1340 and 1345 of the Act (42 U.S.C. 4071 and
4081, respectively); and
    Whereas, the goal of FEMA is to develop a program with the
insurance industry where the risk-bearing role for the industry will
evolve as intended by the Congress (Section 1304 of the Act [42 U.S.C.
4011]); and
    Whereas, Section 205 of the Bunning-Bereuter-Blumenauer Flood
Insurance Reform Act of 2004, Public Law 108-264, as implemented by 44
CFR 62.20, permits Program policyholders to appeal the denial of a
claim, completely or in part, to FEMA; and
    Whereas, the NFIP is a program administered by FEMA, all
participants of this Arrangement, and other entities operating on their
behalf, shall align themselves toward the common purpose of helping
survivors and their communities recover from floods by effectively
delivering customer-focused flood insurance products and information;
and
    Whereas, the insurer (hereinafter the ``Company'') under this
Arrangement must charge rates established by FEMA; and
    Whereas, FEMA has promulgated regulations and guidance implementing
the Act and the Write Your Own (WYO) Program whereby participating
private insurance companies act in a fiduciary capacity utilizing
Federal funds to sell and administer the Standard Flood Insurance
Policies, and has extensively regulated the participating companies'
activities when selling or administering the Standard Flood Insurance
Policies; and
    Whereas, 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 Act or regulations, and legal
issues thereunder raise a Federal question; and
    Whereas, through this Arrangement, the United States Treasury will
back all flood policy claim payments by the Company; and
    Whereas, FEMA developed this Arrangement to enable any interested
qualified insurer to write flood insurance under its own name; and
    Whereas, insured survivors recover faster and more fully than
uninsured survivors, and FEMA is committed to developing a culture of
preparedness and closing the insurance gap across the nation; and
    Whereas, one of the primary objectives of the Program is to provide
coverage to the maximum number of buildings at risk and because the
insurance industry has marketing access through its existing facilities
not directly available to FEMA, FEMA concludes that coverage will be
extended to those who would not otherwise be insured under the Program;
and
    Whereas, flood insurance policies issued subject to this
Arrangement must be only that insurance written by the Company in its
own name under prescribed policy conditions and pursuant to this
Arrangement, the Act, and any guidance issued by FEMA; and
    Whereas, over time, the Program is designed to increase industry
participation and, accordingly, reduce or eliminate Government as the
principal vehicle for delivering flood insurance to the public; and
    Whereas, the sole parties under this Arrangement are the Company
and FEMA.
    Now, therefore, the parties hereto mutually undertake the
following:
Article II. Commencement and Termination
    A. The effective period of this Arrangement begins on October 1,
2020 and terminates no earlier than September 30, 2021, 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 2022
in the Federal Register no later than April 1, 2021. 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
assure uninterrupted service to policyholders, the Company must notify
FEMA within thirty (30) 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, 2021), 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 insureds, 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) days written notice to the Company by
certified mail 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.
    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 2022 Arrangement in the
Federal Register on or before April 1, 2021, then FEMA may require the
continued performance of all or selected elements of this Arrangement
through December 31, 2022, but such extension may not exceed the
expiration of the six (6) month period following publication of the
Fiscal Year 2022 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 the Community Eligibility/Rating Criteria.
    b. Making Policyholder 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, 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 either:
    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) 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. 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.
    d. Catastrophic Claims Handling Plan. A catastrophic claims
handling plan describing how the Company will respond and maintain
service standards in catastrophic flood events.
    e. 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.
    f. Privacy Protection Plan. A privacy protection plan that
describes the Company's standards for using and maintaining personally
identifiable information.
    g. Technology Plan. A technology plan describing any planned
technology updates or refreshes in support of the NFIP and the
Company's security update schedule.
    B. Time Standards. WYO companies must meet the time standard
provided below. Time will be measured from the date of receipt through
the date sent out. 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 utilized in
the insurance and data processing field. Continual failure to meet
these requirements may result in limitations on the company's authority
to write new business or the removal of the Company from the WYO
Program. Applicable time standards are:
    1. Application Processing--fifteen (15) business days (Note: if the
policy cannot be sent out due to insufficient or erroneous information
or insufficient funds, the Company must send a request for correction
or added moneys within ten business (10) 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.
    6. Claims draft processing--seven (7) business days from completion
of file examination.
    7. Claims adjustment--forty-five (45) business 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, and the operation of the Letter of Credit
established pursuant to Article V. 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 Flood Insurance. If the Company also offers flood
insurance outside of the NFIP in any geographic area in which Program
authorizes the purchase of flood insurance, the Company must:
    a. Ensure that all public communications (whether written,
recorded, electronic, or other) regarding non-NFIP flood 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
flood 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. Ensure that data related to this Arrangement are not used to
further or support the Company's non-NFIP flood insurance lines.
    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. 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 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. 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--within 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.
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 Acq.'', ``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 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
derived by drawing against the Letter of Credit established 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. 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.
    b. 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.
    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 drawing against the Letter of Credit established
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.
Article V. Undertakings of the Government
    A. FEMA must establish Letter(s) of Credit against which the
Company may withdraw funds 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 Letter of
Credit expenses. Request for payment on Letters of Credit may not
ordinarily be drawn more frequently than daily. This Letter of Credit
may be drawn by the Company 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 Letter of Credit provided for in Article V
drawn on a repository bank within the Federal Reserve System. This
Letter of Credit may be drawn by the Company 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
Letter of Credit 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 drawn on the
Letter of Credit, 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.
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 letter of
credit 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
    The Company shall not discriminate against any applicant for
insurance because of race, color, religion, sex, age, handicap, marital
status, or national origin.
Article XII. Access to Books and Records
    A. 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.
    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.
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. 2020-06394 Filed 3-26-20; 8:45 am]
 BILLING CODE 9111-52-P


[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57525-57527]
[FR Doc No: 2013-22837]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8299]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'')

listed in the third column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
Part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.
    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Date certain  federal
       State and location           Community    Effective date authorization/cancellation of sale of    Current effective map     assistance no longer
                                       No.                   flood insurance in community                         date              available in SFHAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Region III
Maryland:
    Accident, Town of, Garrett          240093  May 19, 1975, Emerg; September 1, 1978, Reg; October    Oct. 2, 2013...........  Oct. 2, 2013.
     County.                                     2, 2013, Susp..
    Deer Park, Town of, Garrett         240102  February 7, 1992, Emerg; August 16, 1994, Reg; October  ......do...............   Do.
     County.                                     2, 2013, Susp..
    Friendsville, Town of,              240035  May 6, 1975, Emerg; September 14, 1979, Reg; October    ......do...............   Do.
     Garrett County.                             2, 2013, Susp..
    Garrett County,                     240034  January 21, 1976, Emerg; June 5, 1985, Reg; October 2,  ......do...............   Do.
     Unincorporated Areas.                       2013, Susp..
    Grantsville, Town of,               240165  August 4, 1986, Emerg; September 29, 1988, Reg;         ......do...............   Do.
     Garrett County.                             October 2, 2013, Susp..
    Kitzmiller, Town of, Garrett        240036  May 23, 1975, Emerg; October 15, 1985, Reg; October 2,  ......do...............   Do.
     County.                                     2013, Susp..

    Loch Lynn Heights, Town of,         240037  May 23, 1975, Emerg; August 15, 1979, Reg; October 2,   ......do...............   Do.
     Garrett County.                             2013, Susp..
    Mountain Lake Park, Town of,        240038  May 6, 1975, Emerg; October 16, 1984, Reg; October 2,   ......do...............   Do.
     Garrett County.                             2013, Susp..
    Oakland, Town of, Garrett           240039  April 18, 1975, Emerg; July 16, 1979, Reg; October 2,   ......do...............   Do.
     County.                                     2013, Susp..

            Region IV
Mississippi:
    Coldwater, Town of, Tate            280265  May 9, 1975, Emerg; August 1, 1986, Reg; October 2,     ......do...............   Do.
     County.                                     2013, Susp..
    Senatobia, City of, Tate            280171  March 4, 1974, Emerg; September 29, 1978, Reg; October  ......do...............   Do.
     County.                                     2, 2013, Susp..
    Tate County, Unincorporated         280235  May 6, 1975, Emerg; September 27, 1985, Reg; October    ......do...............   Do.
     Areas.                                      2, 2013, Susp..

            Region V
Illinois:
     Broadlands, Village of,            170025  April 28, 1975, Emerg; March 9, 1984, Reg; October 2,   ......do...............   Do.
     Champaign County.                           2013, Susp..
    Champaign, City of,                 170026  June 6, 1975, Emerg; January 16, 1981, Reg; October 2,  ......do...............   Do.
     Champaign County.                           2013, Susp..
    Champaign County,                   170894  January 14, 1975, Emerg; March 1, 1984, Reg; October    ......do...............   Do.
     Unincorporated Areas.                       2, 2013, Susp..
    Fisher, Village of,                 170027  August 13, 1974, Emerg; April 3, 1984, Reg; October 2,  ......do...............   Do.
     Champaign County.                           2013, Susp..
    Mahomet, Village of,                170029  April 10, 1975, Emerg; June 15, 1983, Reg; October 2,   ......do...............   Do.
     Champaign County.                           2013, Susp..
    Rantoul, Village of,                170031  N/A, Emerg; July 8, 1994, Reg; October 2, 2013, Susp..  ......do...............   Do.
     Champaign County.
    Sadorus, Village of,                170855  N/A, Emerg; March 13, 2013, Reg; October 2, 2013,       ......do...............   Do.
     Champaign County.                           Susp..
    Sidney, Village of,                 170033  July 10, 1975, Emerg; January 17, 1986, Reg; October    ......do...............   Do.
     Champaign County.                           2, 2013, Susp..
    Saint Joseph, Village of,           170032  August 1, 1975, Emerg; November 16, 1983, Reg; October  ......do...............   Do.
     Champaign County.                           2, 2013, Susp..
    Urbana, City of, Champaign          170035  February 3, 1975, Emerg; January 16, 1981, Reg;         ......do...............   Do.
     County.                                     October 2, 2013, Susp..
Indiana: Allen County,                  180302  February 14, 1974, Emerg; September 28, 1990, Reg;      ......do...............   Do.
 Unincorporated Areas                            October 2, 2013, Susp..

           Region VIII
Colorado: Broomfield, City and          085073  February 18, 1972, Emerg; September 7, 1973, Reg;       ......do...............   Do.
 County of, Broomfield County                    October 2, 2013, Susp..
--------------------------------------------------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Susp.ension.

    Dated: August 19, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-22837 Filed 9-18-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42671-42672]
[FR Doc No: 2017-19116]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14793-000]

The Domestic and Foreign Missionary Society of the Protestant
Episcopal Diocese of Alabama; Notice of Application Accepted for Filing
With the Commission, Intent To Waive Scoping, Soliciting Motions To
Intervene and Protests, Ready for Environmental Analysis, and
Soliciting Comments, Terms and Conditions, and Recommendations, and
Establishing an Expedited Schedule for Processing

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption from Licensing.
    b. Project No.: 14793-000.
    c. Date filed: July 12, 2016.
    d. Applicant: The Domestic and Foreign Missionary Society of the
Protestant Episcopal Diocese of Alabama.
    e. Name of Project: Camp McDowell Project.
    f. Location: On Clear Creek, near Nauvoo in Winston County,
Alabama. No federal lands would be occupied by project works or located
within the project boundary.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708 (2012), amended by the Hydropower Regulatory
Efficiency Act of 2013, Public Law 113-23, 127 Stat. 493 (2013).
    h. Applicant Contact: Mr. Fraizer Christy, 3621 Kingshill Road,
Birmingham, Alabama 35223;<PHONE_NUMBER>.
    i. FERC Contact: Monte TerHaar,<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
terms and conditions, and recommendations: Due to the small size and
location of this project and the close coordination with state and
federal agencies during preparation of the application, the 60-day
timeframe in 18 CFR 4.34(b) is shortened. Instead, motions to intervene
and protests, comments, terms and conditions, and recommendations are
due 30 days from the issuance date of this notice. All reply comments
must be filed with the Commission within 45 days from the issuance date
of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, and recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14793-000.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on 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. This application has been accepted for filing and is now ready
for environmental analysis.
    1. The proposed Camp McDowell Project would consist of: (1) An
existing 157-foot-long, 13.5-foot-high concrete/masonry dam consisting
of: (a) A 113-foot-long spillway with a crest elevation of 513.5 feet
North American Vertical Datum of 1927 (NAVD 27); (b) a 9-foot-long non-
overflow section with a 5-foot-diameter low level gated release pipe;
and (c) a 35-foot-long non-overflow section; (2) an existing 10-acre
impoundment (Clear Creek) at normal water surface elevation of 513.5
feet; (3)

a 26-foot-wide, 1.3-foot-deep gated intake located on top of the
spillway protected by a 6-foot-high, 30-foot-wide steel trash rack with
6-inch clear bar spacing; (4) a 27-foot-long, 6-foot-wide, concrete
sluiceway; (5) a concrete powerhouse, located at the base of the dam,
containing one 50-foot-long by 9-foot-diameter Archimedes screw
turbine-generator unit (ASG unit), rated at 140 kW; (6) a water-level
sensor, and automatic sluice gate controller; (7) a 650-foot-long, 460-
volt, above-ground transmission line; and (8) appurtenant facilities.
The estimated annual generation of the proposed Camp McDowell Project
would be about 950 megawatt-hours. The applicant proposes to operate
the project in a run-of-river mode. There are no federal or state lands
associated with the project.
    m. Due to the applicant's close coordination with federal and state
agencies during the preparation of the application, studies completed
during pre-filing consultation, and small size and location of the
project, we intend to waive scoping and expedite the exemption process.
Based on a review of the application and resource agency consultation
letters filed to date, Commission staff intends to prepare a single
environmental assessment (EA). Commission staff determined that the
issues that need to be addressed in its EA have been adequately
identified during the pre-filing period, which included a public
scoping meeting and site visit, and no new issues are likely to be
identified through additional scoping. The EA will assess the potential
effects of project construction and operation on geology and soils,
aquatic, terrestrial, threatened and endangered species, recreation and
land use, aesthetic, and cultural and historic resources.
    n. A copy of the application is available for review at the
Commission in the Public Reference Room or may 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, contact FERC
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    o. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    q. 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 a development
application. A notice of intent must be served on the applicant(s)
named in this public notice.
    r. 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.
    All filings must (1) bear in all capital letters the title PROTEST,
MOTION TO INTERVENE, NOTICE OF INTENT TO FILE COMPETING APPLICATION,
COMPETING APPLICATION, COMMENTS, REPLY COMMENTS, RECOMMENDATIONS, or
TERMS AND CONDITIONS; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    s. Procedural Schedule: The application will be processed according
to the following procedural schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Notice of the availability of the EA.  November 9, 2017.
------------------------------------------------------------------------

    Dated: September 1, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-19116 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P