Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 87299 

1Policyholders must also pay policy fees and 

statutory surcharges at the time of application or 

policy renewal. See 44 CFR 61.10. 

https://www.atssa.com/resource/qualityguidelines/. Similar guidelines are available 

from various State highway agencies. 

§ 630.1102 Compliance Date. 

States shall update their policy no 

later than December 31, 2025, and 

implement the policy no later than 

December 31, 2026. For projects that are 

in the later stages of development at or 

about the compliance date, and if it is 

determined that the delivery of those 

projects would be significantly 

impacted as a result of this rule’s 

provisions, States may request variances 

for those projects from FHWA on a 

project-by-project basis. 

[FR Doc. 2024–25065 Filed 10–31–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2024–0996] 

Safety Zone; Claytor Lake, Dublin, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in Virginia for portions of 

Claytor Lake to protect personnel, 

vessels, and the marine environment 

from potential hazards created by 

hazardous debris within the waterway 

due to a tropical storm. Any vessel in 

the regulated area must comply with 

directions from the Coast Guard Patrol 

Commander or his representative, 

including a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port Virginia (COTP) in 

the enforcement of the safety zone. 

DATES: The regulations in 33 CFR 

165.520 will be enforced for Claytor 

Lake from October 30th, 2024 through 

January 31st, 2025. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Justin Strassfield, Sector 

Virginia, Waterways Management 

Division, U.S. Coast Guard, Telephone: 

757–668–5580, email: 

VirginiaWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone for 

Hurricanes, Tropical Storms, and other 

Storms with High Wind for portions of 

Claytor Lake from October 30th, 2024, 

through January 31st, 2025, to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by hazardous debris within the 

waterway due to tropical storm Helene. 

The safety zone is now in Port 

Condition RECOVERY. This action is 

being taken to provide for the safety of 

life on navigable waterways while 

cleanup operations are conducted. The 

safety zone encompasses Claytor Lake. 

It is bound by the following positions: 

Claytor Lake: 37°02′2.4′′ N, 80°39′40.7′′ 

W; 37°04′31.5′′ N 80°35′06.8′′ W. 

During enforcement periods, the 

operator of a vessel in the regulated area 

must comply with directions from the 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Virginia (COTP) 

in the enforcement of the safety zone. 

To seek permission to enter, contact the 

COTP or the COTP’s representative by 

VHF–FM Channel 16. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: October 28, 2024. 

P.M. Britton, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Virginia. 

[FR Doc. 2024–25466 Filed 10–31–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Parts 61 and 62 

[Docket ID FEMA–2024–0030] 

RIN 1660–AB16 

National Flood Insurance Program 

Installment Payment Plan 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The National Flood Insurance 

Program (NFIP) is a voluntary program 

in which interested persons can 

purchase flood insurance for their 

property, if it is located in a community 

that participates in the NFIP by 

adopting and enforcing a set of 

minimum floodplain management 

requirements to reduce future flood 

damages. FEMA is revising the NFIP’s 

regulations to offer NFIP policyholders 

the option of paying their annual flood 

insurance premium in monthly 

installments. 

DATES: This rule is effective December 

31, 2024. 

ADDRESSES: The docket for this 

rulemaking is available for inspection 

using the Federal eRulemaking Portal at 

https://www.regulations.gov and can be 

viewed by following that website’s 

instructions. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Bronowicz, Director, Policyholder 

Services Division, Federal Insurance 

Directorate, Resilience, Federal 

Emergency Management Agency, (202) 

557–9488, Kelly.Bronowicz@

fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The National Flood Insurance 

Program 

Congress created the National Flood 

Insurance Program (NFIP) through 

enactment of the National Flood 

Insurance Act of 1968 (NFIA) (title XIII 

of Pub. L. 90–448, 82 Stat. 572), 42 

U.S.C. 4001 et seq. The NFIP is a 

Federal program enabling property 

owners in participating communities 

that adopt and enforce floodplain 

management regulations to purchase 

insurance as a protection against flood 

losses. A consumer may purchase an 

NFIP federally-backed flood insurance 

policy either: (1) directly from the 

Federal Government through a direct 

servicing agent (referred to as ‘‘NFIP 

Direct’’); or (2) from a participating 

private insurance company through the 

Write Your Own (WYO) Program. The 

Standard Flood Insurance Policy (SFIP) 

sets out the terms and conditions of 

insurance. See 44 CFR part 61, appendix 

A. FEMA establishes terms and 

conditions of coverage and sets 

premiums for coverage. The terms, 

coverage limits, and flood insurance 

premiums are the same whether a policy 

is purchased from the NFIP Direct or a 

private WYO insurance company in the 

WYO Program. See 44 CFR 62.23(a). 

Under the regulations in place prior to 

this rule change, FEMA required 

policyholders to pay their applicable 

SFIP annual premium in full at the time 

of application.1 44 CFR 61.4(b). 

Requiring payment of the annual 

premium in full at the time of 

application reduced administrative 

costs to the program, and because of the 

seasonal nature of flooding, ensured the 

receipt of premium and exposure to risk 


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2The NFIA requires FEMA to account for 

administrative costs when setting rates. See 42 

U.S.C. 4014(a)(1)(B); 42 U.S.C. 4015(b)(3)). See also 

44 CFR 61.5(c) (2018) (restricting ability to refund 

premium due to seasonal nature of flooding). 

3Pursuant to section 102 of the Flood Disaster 

Protection Act of 1973, federal entities responsible 

for regulating lenders must require federally backed 

lenders to allow borrowers who are required to 

purchase flood insurance as a condition of a loan 

to escrow flood insurance premiums ‘‘with the 

same frequency as payments on the loan are made, 

for the duration of the loan.’’ 42 U.S.C. 4012a(d). 

Mortgage payments are typically made monthly 

which means mortgagees who are required to have 

flood insurance already pay for their flood 

insurance premiums on a monthly basis. 

4See e.g., Insufficient Premium or Rating 

Information at 44 CFR part 61, appendix A(1), art. 

VII.D. 

5See Lending Club, 9.3 Million More Consumers 

Ended 2022 Living Paycheck to Paycheck Than in 

2021, Jan. 30, 2022, available at https://

ir.lendingclub.com/news/news-details/2023/9.3- 

Million-More-U.S.-Consumers-Ended-2022-LivingPaycheck-to-Paycheck-Than-in-2021/default.aspx 

(reporting that 64 percent of the 166 million 

consumers in the U.S. were living paycheck to 

paycheck in 2022) (last accessed October 7, 2024). 

6 42 U.S.C. 4014(a)(1)(B)(iii); see also 

Congressional Research Service, Introduction to the 

National Flood Insurance Program, R44593, pg. 18 

available at https://crsreports.congress.gov/product/ 

pdf/R/R44593/42 (last accessed October 7, 2024). 

would align.2 In 2012, Congress passed 

the Biggert-Waters Flood Insurance 

Reform Act (BW–12), amending the 

NFIA to mandate that FEMA provide 

NFIP policyholders who were ‘‘not 

required to escrow their premiums and 

fees for flood insurance as set forth 

under section 102 of the Flood Disaster 

Protection Act of 1973 (42 U.S.C. 

4012a) 3 with the option of paying their 

premiums annually or in more frequent 

installments.’’ Sec. 100205(d), Public 

Law 112–141, 126 Stat 405. The 

Homeowner Flood Insurance 

Affordability Act of 2014 (HFIAA) 

amended BW–12 and the NFIA 

regarding the frequency of the 

installments by striking the language 

‘‘annually or in more frequent 

installments’’ and inserting ‘‘annually or 

monthly’’ instead. 42 U.S.C. 4001 et 

seq.; sec. 11, Public Law 113–89, 128 

Stat. 1025 (2014). The NFIP, having 

operated for several decades within an 

annual payment structure for premiums, 

provides payment compliance measures 

that will apply to the amended 

regulations discussed herein.4 The 

changes in this rule will bring FEMA’s 

regulations into compliance with the 

nondiscretionary statutory mandate to 

provide policyholders with the option 

of paying their premiums annually or in 

monthly installments. 

B. Installment Plans Reduce Barriers To 

Purchasing Flood Insurance 

This rulemaking, in addition to 

fulfilling a statutory mandate, will also 

reduce barriers to purchasing flood 

insurance. In administering the NFIP, 

FEMA provides information to help 

communities and individuals better 

understand their flood risk. However, 

flood risk knowledge by itself is not 

enough if households cannot act to 

protect themselves. Providing an option 

for monthly installments will expand 

access to flood insurance to meet the 

evolving needs of the Nation. The 

option to pay in installments may also 

increase policyholders’ budgetary 

flexibility by alleviating cash flow 

pressure, as they could use the deferred 

payment to address other monthly 

needs. 

Some consumers may lack the 

financial ability to pay the entire 

premium at one time.5 In this scenario, 

consumers will need to either finance 

their purchase of flood insurance 

through debt (e.g., interest-bearing 

credit cards) or forego flood insurance 

protection entirely. Both outcomes can 

exacerbate negative financial outcomes 

following a flood disaster, as many 

consumers may lack adequate funds to 

recover. The installment plan relieves 

the immediate financial pressure on 

policyholders from paying the entire 

premium amount at one time. 

Finally, the ability to pay in 

installments may result in more 

policyholders retaining their flood 

insurance protection. Under the NFIP’s 

current annual premium payment 

requirement, a policyholder who pays 

annually typically only interacts with 

their flood insurance coverage at the 

time of initial purchase or renewal. The 

policyholder must pay the full cost of 

flood insurance all at once, creating a 

different trade-off dynamic than when 

the cost is spread out. Facing a one-time 

annual payment, a policyholder may 

rationalize a decision to opt out of 

renewing on grounds that they perceive 

their risk to be low or that they will 

instead save the money spent on 

premium to self-fund repairs. In 

contrast, policyholders who make more 

frequent flood insurance payments will 

have an ongoing reminder that they are 

protected against flood, and may be 

more aware of flood alerts, news about 

flooding, and more accurately perceive 

their risk. At the time of renewal, the 

ability to pay in installments may 

support a decision to retain flood 

insurance. 

II. Final Rule 

FEMA is revising 44 CFR parts 61 and 

62 as follows to add an installment plan 

payment option for NFIP policies. 

A. 44 CFR 61.4: Special Terms and 

Conditions 

Section 61.4(b) requires that flood 

insurance applicants pay their full 

policy premium at the time of 

application. FEMA is removing 

paragraph (b) because it conflicts with 

the option to pay by monthly 

installment plan. FEMA will retain 

paragraph (a) of § 61.4, as that section is 

unrelated to installment plans, will 

undesignate paragraph (a), and will 

rename § 61.4 ‘‘Properties in violation of 

law, regulation or ordinance’’ as this 

more accurately describes the contents 

of this revised section. 

B. 44 CFR 61.10: Requirements for 

Issuance or Renewal of Flood Insurance 

Coverage 

Section 61.10 provides that FEMA 

will not issue or renew flood insurance 

unless FEMA receives: (a) the full 

amount due (including applicable 

premiums, surcharges, and fees); and (b) 

a complete application, including the 

information necessary to establish a 

premium rate for the policy, or 

submission of corrected or additional 

information necessary to calculate the 

premium for the renewal of the policy. 

FEMA is revising paragraph (a) to 

specify that FEMA will not issue or 

renew flood insurance unless it receives 

the full amount due, which is either 

presentment of the full annual 

premium, or presentment of the first of 

a series of monthly premium 

installment payments inclusive of all 

surcharges, fees, and assessments. 

The revised paragraph (a) requires the 

first payment to include all surcharges, 

fees, and assessments because the NFIA 

categorizes premiums separately from 

the surcharges, fees, and assessments of 

administrative expenses the agency is 

authorized to collect. See, e.g., 42 U.S.C. 

4014(a)(1)(B)(ii); 42 U.S.C. 

4014(a)(1)(B)(iii). In 1990, Congress 

authorized the Federal Policy Fee (FPF) 

which helps pay for the administrative 

expenses of the program, including the 

floodplain management and mapping 

activities FEMA is required to fund.6 42 

U.S.C. 4017a.; sec. 100212, Public Law 

112–141, 126 Stat. 992. In BW–12, 

Congress also authorized FEMA to 

establish and maintain a National Flood 

Insurance Program Reserve Fund to 

cover future claim and debt expenses, 

especially those from catastrophic 

disasters. 42 U.S.C. 4014(a)(1)(B)(iii). 

As a result of these statutory 

distinctions, FEMA currently separates 

the premium from the fees/surcharges/ 

assessments in the annual bill, allowing 

policyholders to see their flood risk. 

Combining divided fees and surcharges 

with all the installment premium 

payments might distort the important 


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7FEMA does not have discretion in whether to 

implement the statutory requirement to make 

installment payments available to NFIP policy 

holders. However, FEMA relies on 42 U.S.C. 

4013(a) and 4015 which provide the terms and 

conditions of insurability, including premium 

payments. Section 4013 includes a non-exhaustive 

list of items to include in regulations, such as ‘‘any 

other terms and conditions relating to insurance 

coverage or exclusion which may be necessary to 

carry out the purposes of this chapter.’’ Id. at 

4013(a)(6). 

8For example, imagine a scenario where a 

policyholder’s annual premium is $6,000, with 

$5,000 being the proportion of the risk attributable 

to hurricane season (June–November). If a 

policyholder obtains coverage in June but fails to 

pay any installments after November, the NFIP will 

have only collected $3,000 ($500 × 6) but will have 

provided a transfer of risk valued at $5,000. If this 

occurs on a large enough scale, it would negatively 

impact the NFIP’s financial position and could 

require FEMA to increase rates among all 

policyholders. 

risk assessment signal to policyholders. 

See, e.g., 42 U.S.C. 4014(a)(1)(B)(ii)–(iii). 

In this rulemaking, FEMA continues to 

separate the premium from the fees/ 

surcharges/assessments and requires 

payment of the fees and surcharges up 

front instead of dividing them over the 

life of the policy. Fees and surcharges 

are both used to carry out certain 

mandatory operational activities, such 

as floodplain management and 

mapping, and fund the interest-earning 

National Flood Insurance Reserve Fund. 

42. U.S.C. 4017(a); 42 U.S.C. 4017(c). 

Upfront payment of fees and surcharges 

with the initial premium payment will 

reduce administrative costs for the 

NFIP, a benefit to all policyholders, and 

align the NFIP with other commercial 

services familiar to policyholders (e.g., 

cable, where installation fees, taxes and 

the like are due up front). 

FEMA is moving to paragraph (a) the 

language currently in paragraph (b) that 

explains FEMA must receive a complete 

application or submission of corrected 

or additional information necessary to 

establish a premium. 

FEMA is revising paragraph (b) to 

include paragraphs (b)(1) and (2). The 

Standard Flood Insurance Policy 

currently provides that FEMA will 

reduce coverage on a policy if the 

premium it receives is not sufficient to 

buy the kinds and amounts of coverage 

requested. See e.g., 44 CFR part 61, 

appendix A(1), art. VII.D.2. This makes 

sense in the context of an annual 

premium payment but not for monthly 

payments; as such, FEMA has revised 

paragraph (b) to provide that FEMA will 

not reduce coverage or reform the policy 

for any policyholder who makes timely 

installment payments in accordance 

with the terms identified in paragraph 

(a)(1)(i)(B). If a policyholder misses an 

installment payment, current 

regulations provide an opportunity to 

cure, as a policyholder can provide any 

missed or additional payment and avoid 

reductions in coverage or policy 

reformation. See e.g., 44 CFR part 61, 

appendix A(1), art. VII.D.3.a.(1). 

Revised paragraph (b)(1) will further 

provide that in the event of a claim 

occurring prior to a policyholder 

completing all installment payments, 

the policyholder must remit the balance 

of the premium owed. The policyholder 

may settle their balance out of claim 

proceeds in accordance with the 

Standard Flood Insurance Policy. See 

e.g., 44 CFR part 61, appendix A(1), art. 

VII.D.3.a(3). FEMA is adding this 

language to avoid a scenario where the 

policyholder would consider 

withholding premium for reasons other 

than ability to pay, such as when they 

disagree with aspects of FEMA’s claim 

handling, and FEMA would be forced to 

reduce coverage. See e.g., id. at 

appendix A(1), art. VII.D.2–3. Giving 

policyholders the option to pay their 

remaining premium out of their claims 

proceeds mitigates this risk. 

Revised paragraph (b)(2) will provide 

that FEMA will require payment in full 

for premiums in the next policy term for 

any policyholder who fails to make all 

installment payments in accordance 

with the terms identified in paragraph 

(a)(1).7 A significant portion of 

policyholders are subject to seasonal 

flooding risk, meaning that the 

likelihood they will file a claim is 

higher during certain months of the 

year. For example, many policyholders 

in Florida face the risk of flooding due 

to tropical storms and hurricanes, which 

typically occur from the start of June 

through November. The purpose of 

paragraph (b)(2) will be to ensure 

policyholders are not incentivized to 

miss payments or cancel their coverage 

before the end of the policy term (for 

instance, at the end of hurricane 

season), as this could potentially create 

adverse financial consequences for the 

NFIP.8

C. 44 CFR 62.23: WYO Companies 

Authorized 

Section 62.23 governs FEMA’s WYO 

program. Paragraph (h) describes the 

procedures used by WYO companies in 

underwriting and servicing flood 

insurance policies. Paragraph (h)(7) 

currently authorizes WYO companies to 

offer premium payment plans so long as 

the net premium depository 

requirements specified under the NFIP/ 

WYO Program accounting procedures 

are met. This subsection also states that 

a WYO company’s cancellation of a 

policy for non-payment of premium will 

not produce a pro rata return of the net 

premium deposit to the WYO company. 

In effect, this subsection authorizes 

WYO companies to offer installment 

payment plans if they pay the full 

annual premium to the NFIP and bear 

the risk of policyholders’ non-payment 

of installments. 

FEMA is revising paragraph (h)(7) to 

explain that WYO companies must offer 

premium payment plans under the 

terms prescribed by the FEMA 

Administrator in § 61.10(a)(1). FEMA’s 

current regulations have provided WYO 

companies the ability to offer payment 

via installment plan, but to date, no 

WYO company has chosen to offer it. 

Because FEMA has a statutory 

obligation to offer policyholders the 

option of paying their premium via 

monthly installment plan, FEMA will 

require WYO companies to offer 

installment plans consistent with this 

rule. See 42 U.S.C. 4015. Requiring 

adherence to FEMA’s installment plan 

terms will ensure that all eligible 

policyholders with federally backed 

flood insurance will be treated 

similarly. 

III. Regulatory and Economic Analysis 

A. Administrative Procedure Act 

1. Good Cause Exemption 

The Administrative Procedure Act 

(APA) generally requires agencies to 

publish a notice of proposed rulemaking 

in the Federal Register and provide 

interested persons the opportunity to 

submit comments. See 5 U.S.C. 553(b) 

and (c). The Administrative Procedure 

Act, 5 U.S.C. 553(b)(3)(B), provides that, 

when an agency for good cause finds 

that public notice and comment 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. FEMA 

has determined that there is good cause 

to issue this rulemaking without prior 

proposal and opportunity for comment. 

The amendments to the NFIA require 

FEMA to offer policyholders the option 

to pay their premiums in monthly 

installments and the agency lacks 

discretion to reach a different outcome 

in response to comment. This rule 

revises two sections in FEMA’s prior 

regulations requiring policyholders to 

pay the full amount due on a flood 

insurance policy before it would issue a 

policy for flood insurance. FEMA 

previously interpreted the full amount 

due to include the annual premium, fees 

and surcharges, or the amount of 

premium due at the time of the claim. 

Previously, the regulations authorized, 

but did not require, WYO companies to 

offer the monthly installment plan 

option to policyholders. The 


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9Customers will make 11 payments in their first 

year due to a 30-day waiting period for their initial 

enrollment in the NFIP. Following years will have 

12 monthly payments. 

10Mortgage lenders set aside a portion of monthly 

mortgage payments to cover annual costs such as 

property taxes and homeowners’ insurance 

premiums. 

amendment to the NFIA requires FEMA 

and servicing agent, NFIP Direct, to offer 

the monthly installment plan as an 

option to policyholders. The regulations 

now accurately reflect the statutory 

language of the NFIA. Considering the 

statutory mandate, FEMA revises these 

sections without discretion. 

2. Contract Exemption 

Section 553(a)(2) of the APA provides 

an exception to this prior notice and 

comment requirement for matters 

relating to public property, loans, 

grants, benefits, or contracts. The 

exemption covers both narrow 

‘‘managerial’’ proprietary decisions and 

broader proprietary ‘‘matters of 

interpretation and policy.’’ Alphapointe 

v. Dep’t of Veterans Affairs, 416 F. 

Supp. 3d (D.D.C. 2019) (quoting Nat’l 

Wildlife Fed’n v. Snow, 561 F.2d 227, 

231–32 (D.C. Cir. 1976)). The case law 

interpreting the requirement sets forth a 

relatively brief framework for analysis: 

namely, that the exempted subject 

matters are ‘‘clearly and directly’’ 

implicated in the rulemaking at issue. 

Humana of S.C., Inc. v. Califano, 191 

U.S. App. D.C. 368, 590 F.2d 1070, 1082 

(1978) (That the governmental function 

is not strictly ‘‘proprietary,’’ or the 

regulation’s character is not 

‘‘mechanical,’’ does not curtail section 

553(a)(2)’s permissive effect. Public 

policy may be sorely affected, and the 

wisdom of public input manifest, but 

the statutory exemption still prevails 

when ‘‘grants,’’ ‘‘benefits,’’ or other 

named subjects are ‘‘clearly and 

directly’’ implicated.). 

As described more fully in the 

background section, supra, this rule is 

clearly and directly related to contracts. 

The NFIP is a Federal program enabling 

property owners in participating 

communities to purchase insurance as a 

protection against flood losses. A 

consumer may purchase a SFIP either: 

(1) directly from the Federal 

Government through a direct servicing 

agent (referred to as ‘‘NFIP Direct’’); or 

(2) from a participating private 

insurance company through the Write 

Your Own (WYO) Program. The SFIP 

sets out the terms and conditions of 

insurance. See 44 CFR part 61, appendix 

A. FEMA establishes terms and 

conditions of coverage and sets 

premiums for coverage. The terms, 

coverage limits, and flood insurance 

premiums are the same whether 

purchased from the NFIP Direct or the 

WYO Program. See 44 CFR 62.23(a). For 

an eligible policyholder to obtain flood 

insurance from the NFIP, they must pay 

their premium and any surcharges, fees 

and assessments, and in exchange, they 

will be covered by the SFIP (i.e., an 

insurance contract). This rule provides 

an additional approach to payment of 

premium to complete the contractual 

relationship. This statutory construct is 

similar to other Federal programs in 

which Congress has authorized an 

agency to enter into contracts with 

individuals and upheld the application 

of the APA contract exemption to a 

subsequent agency policy change that 

ultimately resulted in a change in terms 

for individual contractees or 

policyholders. See, e.g., Rainbow Valley 

Citrus Corp. v. FCIC, 506 F.2d 467 (9th 

Cir. 1974) (Plaintiffs, three citrus 

growers in Arizona, sued the Federal 

Crop Insurance Corporation (FCIC) 

challenging the FCIC’s decision to 

discontinue citrus insurance in their 

area, and argued that the decision was 

in violation of the notice and comment 

rulemaking requirement under the APA. 

The Court found in favor of the FCIC, 

citing to the APA contract exemption.); 

Housing Authority of the City of Omaha 

vs. U.S. Housing Authority, 468 F.2d 1 

(8th Cir. 1972) (Plaintiffs, local housing 

authorities, sued the Department of 

Housing and Urban Development (HUD) 

alleging that two circulars issued by 

HUD that required Plaintiffs to include 

certain tenant’s rights in contracts the 

housing authorities entered into with 

renters was in violation of the notice 

and comment rulemaking requirement 

under the APA. The Court found in 

favor of HUD citing to the APA contract 

exemption.). 

FEMA acknowledges its general 

policy to provide for public 

participation in rulemaking unless it 

determines that circumstances warrant a 

departure from that general policy. 44 

CFR 1.3(a) and (c). The circumstances 

presented here warrant such a 

departure. The statute requires FEMA to 

offer policyholders the option to pay in 

monthly installments and notice and 

opportunity for comment on the 

revisions is unnecessary because the 

agency lacks discretion to reach a 

different outcome regarding installment 

plan payments for policyholders in 

response to comment. 

B. Executive Orders 12866, ‘‘Regulatory 

Planning and Review,’’ and 13563, 

‘‘Improving Regulation and Regulatory 

Review’’ 

Executive Orders 12866 (Regulatory 

Planning and Review), as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review), and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. 

Accordingly, OMB has not reviewed 

this regulatory action. 

Need for Regulation 

In BW–12 and the HFIAA, Congress 

amended the NFIA requiring FEMA to 

provide certain eligible policyholders 

with a federally backed SFIP, ‘‘the 

option of paying their premiums 

annually or monthly.’’ Sec. 100205(d), 

Public Law 112–141, 126 Stat. 405, 919 

(2012) (codified at 42 U.S.C. 4015(g)), as 

amended by sec. 11(a), Public Law 113– 

89, 128 Stat. 1020, 1025 (2014). 

Currently, FEMA and WYO companies 

bill their customers’ NFIP premiums on 

an annual basis as a lump sum. This 

rule will fulfill the statutory 

requirement by allowing residential and 

commercial policyholders to pay their 

premiums in 11 to 12 payments over the 

course of the year.9

FEMA, through its subcomponent the 

Federal Insurance Directorate, is 

promulgating this rule to implement a 

monthly installment payment plan 

option for policyholders not currently 

paying flood insurance premiums 

through escrow.10 The installment plan 

option is available for residential and 

non-residential SFIP policyholders. 

A monthly installment payment plan 

is in keeping with the property and 

casualty insurance industry standard. 

Aligning with these consumer 

expectations will make it easier for 

consumers to consider acquiring flood 

insurance. Additionally, some 

consumers may lack the financial ability 

to pay the entire premium at one time. 

The option to pay in installments may 

increase policyholders’ budgetary 

flexibility by alleviating cash flow 

pressure, as they could use the deferred 

payment to address other needs. 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 87303 

11FEMA’s PIVOT database contains NFIP 

information. Please note that PIVOT is the name of 

the database, and it is not an acronym. 

12A GFIP is a policy covering all individuals 

named by a State as recipients of assistance under 

FEMA’s Individual Assistance (IA) program. 44 CFR 

61.17(a). FEMA or the State pays the premium on 

behalf of recipients by withholding the applicable 

amount from the IA ‘‘other needs assistance’’ (ONA) 

award for which recipients are eligible. 44 CFR 

61.17(b) and 206.119. ONA is provided to recipients 

as a one-time award, i.e., on a non-continuing basis; 

as such, FEMA will continue to make those onetime payments at the time of ONA award. 

13 Derived by subtracting the 1,794,911 policies 

without a mortgage from the 3,248,737 total 

Dwelling Form Policies and finding the percent of 

that whole [(3,248,737¥1,794,911) ÷ 3,248,737]. 

14Residential Condominium Building 

Association Policies (RCBAP) are sold to the 

condominium associations to cover the whole 

building. Condominium associations pass on their 

costs to their members in the form of condo fees 

https://www.fema.gov/pdf/nfip/manual201110/ 

content/06condo.pdf, pg.1. 

15This group includes condominium owners that 

have purchased flood insurance for their individual 

units outside of their condominium association. 16On average, small businesses hold $12,000 in 

cash. JP Morgan Chase & Co., Cash is King: Flows, 

Balances, and Buffer Days (jpmorganchase.com) 

available at https://www.jpmorganchase.com/ 

institute/research/small-business/report-cash-flowsbalances-and-buffer-days#finding-2 (last accessed 

October 7, 2024). 

17The data was limited due to the 

implementation of a new risk rating approach on 

April 1, 2023. Because of these changes, pre-2023 

data are not directly comparable to data after April 

1, 2023. 

18Pay.gov is a website where users can fill out a 

government or pay a bill to a U.S. Government 

agency. See https://www.pay.gov/public/about-us/ 

pay-gov (last accessed October 7, 2024). 

Affected Population 

NFIP enables homeowners, renters, 

and businesses in participating 

communities to purchase Federal 

insurance protection against losses from 

floods. Communities participate in the 

NFIP after they agree to adopt and 

enforce minimum floodplain 

development regulations designed to 

reduce future flood risk in Special Flood 

Hazard Areas (SFHAs). 

As of April 30, 2024, according to 

FEMA’s PIVOT database,11 there were 

4,664,515 NFIP policies in force, 

including 3,248,737 residential 

Dwelling Form Policies, 290,800 

Commercial Policies, 1,115,443 

Condominium Association Policies and 

9,535 Group Flood Insurance Policies 

(GFIPs). GFIPs are not included in the 

population of policyholders that will 

pay monthly,12 which means the 

affected population of potentially 

eligible individual policies is 4,654,980 

(3,248,737 + 290,800 + 1,115,443). 

FEMA expects the number of 

individual policyholders who will make 

the change from paying annually to 

paying monthly will be much less than 

the total eligible affected population. 

FEMA estimates that 45 percent 13 of 

potentially eligible individual 

policyholders are residential mortgage 

holders who already pay their NFIP 

premiums on a regular basis (generally 

monthly) into an escrow account as 

required under section 102 of the Flood 

Disaster Protection Act of 1973. FEMA 

does not have enough information to 

estimate how many condominium 

association policyholders might switch 

from an annual payment to a monthly 

payment. Condominium associations 

typically include flood insurance 

payments in their condominium 

association fees 14 which means such 

associations typically collect the 

premium before the renewal premium is 

due. FEMA does not expect condo 

associations to utilize installment plans 

because these associations will have the 

available cash reserves to pay a yearly 

premium. Switching to monthly 

payments would increase uncertainty 

and unnecessarily complicate their 

accounting practices. 

Excluding these two populations from 

the analysis decreases the total 

population from approximately 4.7 

million policyholders to 1.9 million 

policyholders. Specifically, according to 

PIVOT data, in 2023 there were 

1,794,911 residential policyholders who 

did not have a mortgage 15 and were not 

condominium associations who would 

most likely opt for installment plans as 

they must currently make an annual 

lump sum payment. Additionally, 

FEMA expects 76,876 small businesses 

and houses of worship (according to 

PIVOT data) to change to monthly 

payment installments because they 

typically have smaller cash reserves on 

hand.16 This makes a total of 1,871,787 

(1,794,911 + 76,876) out of 4,664,515 

policyholders that will utilize monthly 

installment plans to pay their flood 

insurance premiums. For the purposes 

of this analysis, FEMA assumed that all 

eligible policyholders, excluding 

residential mortgage holders, 

condominium associations, and larger 

commercial policyholders will utilize 

installment plans. This leaves 1,453,826 

mortgage-paying residential 

policyholders, 1,115,443 condominium 

association policyholders, and 211,175 

commercial property policyholders that 

are not expected to opt for installment 

plans. This may overestimate the 

number of policyholders paying in 

installments and the overall economic 

impact of this rule. 

Baseline and Affected Population 

Following OMB Circular A–4 

guidance, FEMA assessed impacts of 

this rule against a no-action baseline. 

The no-action baseline considers what 

the world will look like without this 

rule. Accordingly, measuring the rule 

against a no-action baseline shows the 

effects of the rule as compared to 

current FEMA practice, because FEMA 

has not implemented the option to pay 

flood insurance premiums through 

installment plans. Currently, SFIPs are 

issued on a one-year term, and 

policyholders must pay full annual 

premiums at the inception of policy 

coverage and at annual renewal. 

FEMA used policies-in-force data 

from 2023 to 2024 17 to estimate the 

number of affected NFIP policyholders. 

During this period, the number of NFIP 

policies was 4,720,559 on April 1, 2023 

and 4,672,375 policies on April 1, 2024. 

FEMA was not able to forecast an 

increase in currently uninsured 

property owners purchasing flood 

insurance once the installment plan 

option is available. However, FEMA 

anticipates the flexibility provided 

through implementation of an 

installment payment plan will likely 

result in greater retention of 

policyholders and incentivize greater 

participation in the NFIP. 

Flood insurance premiums are subject 

to change year-to-year due to any 

number of factors that may cause 

unexpected increases in yearly 

premiums. The option to pay in 

installments may relieve some of the 

burden of changes in flood insurance 

premiums. Due to the numerous factors 

affecting premium rates and the rate of 

flood insurance uptake nationwide, 

FEMA is unable to forecast the impact 

that the availability of installment plans 

may have on affordability or future 

participation in the NFIP. 

Costs 

This rule will result in start-up 

(upfront) and annual costs to FEMA and 

WYO insurance companies. Over 10 

years, FEMA estimates a total cost of 

$34,181,503 undiscounted. The 

following is a breakdown of the specific 

costs to FEMA,WYO companies, and 

NFIP Policyholders. 

Federal Costs: FEMA expects to incur 

development costs to adapt current 

NFIP systems to handle the 

administration of installment plans and 

payments that will be processed by the 

existing pay.gov system.18 Based on 

estimates from FEMA subject matter 

experts, development work will require 

one General Schedule (GS)–13 Step 5 

and eight GS–12 Step 5 equivalent 

contractors for a total of 700 hours. 

According to the Office of Personnel 

Management (OPM), hourly wage rates 

in the Washington-Baltimore-Arlington 

locality for GS–13 Step 5 is $60.83 and 


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19OPM 2023 Pay and Leave Tables for the 

Washington-Baltimore-Arlington, DC-MD-VA-WVPA locality, available at: http://www.opm.gov/ 

policy-data-oversight/pay-leave/salaries-wages/ 

salary-tables/23Tables/html/DCB_h.aspx (last 

accessed October 7, 2024). 20The national wage multiplier is calculated by 

dividing total compensation for all workers of 

$42.48 by wages and salaries for all workers of 

$29.32 per hour yielding a benefits multiplier of 

approximately 1.45.U.S. Bureau of Labor Statistics 

(BLS), Employer Costs for Employee Compensation, 

Table 1. Available at https://www.bls.gov/ 

news.release/archives/ecec_03172023.pdf. (last 

accessed October 7, 2024). 

21OPM 2023 Pay and Leave Tables for the 

Washington-Baltimore-Arlington, DC-MD-VA-WVPA locality, available at https://www.opm.gov/ 

policy-data-oversight/pay-leave/salaries-wages/ 

salary-tables/pdf/2023/DCB.pdf (last accessed 

October 7, 2024). 

22 ‘‘Write Your Own’’ refers to private insurance 

companies that work with FEMA in providing NFIP 

policies and are able to write and service NFIP 

policies in their own names. 

23There are 8 vendors (i.e., companies) that 

support the 50+ WYOs. All but one WYO work with 

an outside company to support them in operational 

work such as management of systems, customer 

services, financial reporting, servicing of policies, 

etc. 

24 Implementation costs are derived from an 

estimate of IT infrastructure and development costs 

FEMA anticipates would be borne by WYO vendors 

servicing payments but paid for by WYO 

companies. 

25Based on 2023 BLS mean salary data for 

Insurance Underwriters (SOC 13–2053), available 

at: https://www.bls.gov/oes/2023/may/ 

oes132053.htm (last accessed October 7, 2024). 

26 Installment plans will be implemented by 

FEMA using operational dollars within the NFIP 

and the WYO vendors will use their expense 

allowance received under their financial 

agreements with FEMA. The current financial 

agreements include provisions for WYOs to 

implement installment plans. 

27All policyholders, NFIP Direct and WYO, will 

go through pay.gov to make their installment 

payment. 

28 Dep’t. of Treasury, OMB Approval No.1530– 

0071, available at https://www.reginfo.gov/public/ 

do/PRAViewICR?ref_nbr=202308-1530-001 (last 

accessed October 7, 2024). 

29 Information on the mean wage rate from the 

U.S. Department of Labor, Bureau of Labor Statistics 

is available at: https://www.bls.gov/oes/2023/may/ 

oes_nat.htm (last accessed October 7, 2024). 

30The national wage multiplier is calculated by 

dividing total compensation for all workers of 

$45.42 by wages and salaries for all workers of 

$31.29 per hour yielding a benefits multiplier of 

approximately 1.45.Bureau of Labor Statistics, 

Employer Costs for Employee Compensation, Table 

1, available at: https://www.bls.gov/news.release/ 

archives/ecec_03132024.pdf (last accessed October 

7, 2024). 

GS–12 Step 5 staff is $51.15.19 FEMA 

assumes the contractors would have 

equivalent salaries to their respective 

GS levels. The combined hourly staff 

wage rate equals $470.03 ((1 × $60.83) 

+ (8 × $51.15)). Additionally, FEMA 

adds a 1.45 wage multiplier to the wage 

rate to account for the full cost of 

employment, making it $681.54 

($470.03 × 1.45) per hour for 700 hours 

for a total of $477,078 (((1 × $60.83) + 

(8 × $51.15)) × 1.45 × 700).20

To create marketing materials, FEMA 

subject matter experts estimate a team of 

four GS–14 level employees working for 

40 hours each on this project. Using the 

prior methodology, OPM wage rate for 

a GS–14 Step 5 is $71.88 per hour and 

including the wage multiplier equals 

$104.23 ($71.88 × 1.45) per hour for a 

total cost of $16,677 ($104.23 × 4 staff 

× 40 hours). FEMA expects a total of 

$493,755 (477,078 + $16,677) for startup 

costs. 

For ongoing costs, FEMA expects to 

hire two additional GS–13 Step 5 

employees to handle the installment 

plan program full time. This would cost 

$368,152 (2 GS–13 Step 5 × $126,949 

annual salary × 1.45) per year.21 These 

costs include the cost for FEMA 

developing and testing guidance 

materials, systems, trainings, and 

marketing content as well as ongoing 

support for managing installment plans. 

FEMA anticipates that it will largely use 

existing NFIP infrastructure and 

resources to support implementation of 

installment plans and that annual costs 

associated with maintaining installment 

plan policies are comparable to annual 

policies and thus do not represent an 

additional cost. 

WYO Costs: FEMA’s current 

regulations have provided WYO 

companies the ability to offer payment 

via installment plan, but to date, no 

WYO company has chosen to offer it. 

Because FEMA has a statutory 

obligation to offer policyholders the 

option of paying their premium via 

monthly installment plan, FEMA will 

require WYO companies to offer 

installment plans consistent with this 

rule. WYO insurers will use their 

customary business practices to secure 

monthly payment of flood insurance 

premiums from policyholders.22

However, for many WYO insurers, flood 

insurance premiums are handled 

separately and will require additional 

systems or modification of existing 

systems and infrastructure to support 

flood insurance installment payment 

plans. FEMA does not have access to 

internal WYO insurance company data 

on their information technology (IT) 

costs. However, based on FEMA’s 

experience with managing IT costs for 

insurance purposes, FEMA estimates 

eight WYO vendors 23 to each incur 

$200,000 in costs for updating their 

internal systems for a total upfront 

starting cost of $1,600,000 ($200,000 × 

8) in year 1.24 Based on feedback from 

WYO vendors and their finance teams, 

FEMA expects each of the eight WYO 

vendors to hire 2 additional staff 

members for the support and operation 

of installment plan systems, incurring 

$1,986,152 (8 × 2 × $85,610 × 1.45) per 

year.25 Bureau of Labor Statistics data 

regarding insurance underwriters is 

used as a proxy for the salary of the 

additional hires. 

Policyholder Costs: FEMA estimates 

that there will be no additional financial 

costs to policyholders.26 However, it 

may result in a small amount of time 

burden to make 12 installment 

payments in lieu of one annual 

payment. Policyholders will make 

payments via automatic payments from 

a bank account, debit card, or credit 

card through the pay.gov system.27

FEMA estimates a total burden hour 

cost of $8,544,708 for NFIP 

policyholders to enroll in pay.gov. This 

estimate is based on an expectation that 

pay.gov account creation takes 6 

minutes on average 28 for a total of 

187,179 hours for the estimated 

1,871,787 policyholders that will use 

the system. At a fully loaded wage rate 

of $45.65 ($31.48 × 1.45) per hour 29 30

for all workers, this makes a total of 

$8,544,708 one-time cost for account 

creation. Policyholders that do not have 

access to pay.gov payment methods will 

not be eligible. Policyholders that 

decide to switch to installment plans 

will receive their information via 

already existing marketing sources and 

thus will not incur additional 

familiarization costs. 

Table 1 shows FEMA, WYO, and 

policyholder estimated costs over a 10- 

year period. The total cost over 10 years 

equals $34,181,503 undiscounted and 

$31,577,602 discounted at 2 percent in 

2023 dollars. 

TABLE 1—TOTAL COSTS OVER 10 YEARS

[2023$] 

Year Policyholder 

costs FEMA costs 

WYO 

insurance 

company costs 

Total costs 

undiscounted 

Annual costs 

discounted 

at 2% 

1 ......................................................................................... $8,544,708 $861,907 $3,586,152 $12,992,767 $12,738,007 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 87305 

TABLE 1—TOTAL COSTS OVER 10 YEARS—Continued 

[2023$] 

Year Policyholder 

costs FEMA costs 

WYO 

insurance 

company costs 

Total costs 

undiscounted 

Annual costs 

discounted 

at 2% 

2 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,262,884 

3 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,218,513 

4 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,175,013 

5 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,132,366 

6 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,090,555 

7 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,049,563 

8 ......................................................................................... 0 368,152 1,986,152 2,354,304 2,009,376 

9 ......................................................................................... 0 368,152 1,986,152 2,354,304 1,969,976 

10 ....................................................................................... 0 368,152 1,986,152 2,354,304 1,931,349 

Total ............................................................................ 8,544,708 4,175,275 21,461,520 34,181,503 31,577,602 

Annualized .................................................................. ........................ ........................ .......................... ........................ 3,515,425 

Benefits 

The benefits from a monthly 

installment plan option will include 

increased NFIP policy retention and 

improved flexibility to policyholders. 

Allowing policyholders the option of 

making flood insurance payments in 

monthly installments rather than a 

single annual payment provides 

increased budgetary flexibility on how 

to use the deferred payment which may 

be especially relevant for policyholders 

unable to pay a lump-sum annual 

premium or otherwise experiencing a 

financial burden thereby alleviating 

some cash flow pressure. FEMA 

believes offering installment plans will 

help policyholders remain in the 

program. Policyholder retention also 

maintains the societal and policyholder 

benefits associated with the NFIP in 

proportion to those policyholders 

retained. FEMA does not have data 

available to estimate the number of 

policyholders that will remain in the 

program due to the installment plan 

option, or to project any growth in the 

number of policies. 

Providing a monthly installment 

brings the NFIP into alignment with 

other insurance (auto, homeowners) that 

typically allow monthly payments, 

making the flood insurance product 

more attractive to potential 

policyholders, and potentially 

increasing participation in the NFIP. 

Transfers 

FEMA does not expect transfers from 

this rule since it does not impact what 

policyholders pay in premiums, but the 

timing of when they pay. Policyholders 

may make investment gains or interest 

savings based on retaining money 

throughout the year that they would 

have spent on a lump sum payment. 

However, FEMA is unable to estimate if 

and how policyholders will adjust their 

behavior based on the ability to pay in 

installments. 

Alternatives Considered 

FEMA did not consider any 

alternatives to issuing this regulation 

allowing monthly installments. BW–12 

and HFIAA collectively mandated 

FEMA to promulgate a rule allowing the 

option of paying flood insurance 

premiums either annually or monthly. 

As such, FEMA must pursue a 

regulatory action to accomplish this 

requirement. While FEMA could have 

set a different premium schedule in 

addition to monthly payments (i.e., 

quarterly or biannual), FEMA considers 

monthly payments to be the most 

appropriate payment schedule that 

poses the least burden on policyholders. 

Conclusion 

In summary, FEMA quantitatively 

estimated the impacts of the rule. This 

includes estimating the costs to FEMA, 

WYO companies, and policyholders. In 

terms of benefits, FEMA anticipates the 

implementation of an installment 

payment plan will result in greater 

retention of policyholders and 

incentivize greater participation in the 

NFIP. Transfer payments will be 

minimal. This rule fulfills a statutory 

requirement in a cost-effective manner 

and warrants implementation. For the 

future 10-year period, the estimated 

costs of the rule are $34,181,503 

undiscounted. The Present Value (PV), 

discounted at 2 percent, is $31,577,602 

($3,515,425 annualized). The primary 

benefit associated with installment 

plans is increased retention and 

potential increased participation in the 

NFIP. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) and section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

Public Law 104–121, 110 Stat. 847, 858– 

9 (Mar. 29, 1996) (5 U.S.C. 601 note), 

require that special consideration be 

given to the effects of regulations on 

small entities. The RFA applies only 

when an agency is ‘‘required by section 

553 . . . to publish general notice of 

proposed rulemaking for any proposed 

rule.’’ 5 U.S.C. 603(a). An RFA analysis 

is not required for this rulemaking 

because the Regulatory Flexibility Act is 

inapplicable to final rules issued 

pursuant to an exemption from notice 

and comment. FEMA issues the NFIP 

Installment Plans rulemaking pursuant 

to the 5 U.S.C. 553(a)(2), for all rules 

relating to ‘‘public property, loans, 

grants, benefits or contracts,’’ as well as 

5 U.S.C. 553(b)(3)(B), which provides 

that, when an agency for good cause 

finds that public notice and comment 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. 

D. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 658, 1501–1504, 1531– 

1536, 1571, pertains to any rulemaking 

which is likely to result in the 

promulgation of any rule that includes 

a Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million (adjusted 

annually for inflation) or more in any 

one year. If the rulemaking includes a 

Federal mandate, the Act requires an 

agency to prepare an assessment of the 

anticipated costs and benefits of the 

Federal mandate. The Act also pertains 

to any regulatory requirements that 

might significantly or uniquely affect 

small governments. Before establishing 


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87306 Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 

any such requirements, an agency must 

develop a plan allowing for input from 

the affected governments regarding the 

requirements. 

FEMA has determined that this 

rulemaking will not result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, nor by 

the private sector, of $100,000,000 or 

more in any one year as a result of a 

Federal mandate, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA). 

Additionally, regulations are only 

reviewable under UMRA when an 

agency has published a notice of 

proposed rulemaking as defined by 5 

U.S.C. 553(b). See 2 U.S.C. 658(10); 5 

U.S.C. 601(2). FEMA is not required to 

publish a notice of proposed 

rulemaking; thus, this rule is exempt 

from UMRA’s requirements pertaining 

to the preparation of a written 

statement. 

E. National Environmental Policy Act of 

1969 (NEPA) 

Section 102 of the National 

Environmental Policy Act of 1969 

(NEPA), Public Law 91–190, 83 Stat. 

852 (Jan. 1, 1970) (42 U.S.C. 4321 et 

seq.), as amended, requires Federal 

agencies to evaluate the impacts of a 

proposed major Federal action that 

significantly affect the quality of the 

human environment, consider 

alternatives to the proposed action, 

provide public notice and opportunity 

to comment, and properly document its 

analysis. DHS and its component 

agencies analyze proposed actions to 

determine whether NEPA applies to 

those actions and, if so, what level of 

documentation and analysis is required. 

40 CFR 1501.3. 

DHS Directive 023–01, Rev. 01 and 

DHS Instruction Manual 023–01–001– 

01, Rev. 01 (Instruction Manual) 

establish the policies and procedures 

DHS and its component agencies use to 

comply with NEPA and the Council on 

Environmental Quality (CEQ) 

regulations for implementing the 

procedural requirements of NEPA 

codified at 40 CFR parts 1500 through 

1508. The CEQ regulations allow 

Federal agencies to establish, in their 

NEPA implementing procedures, with 

CEQ review and concurrence, categories 

of actions (‘‘categorical exclusions’’ or 

‘‘Catex’’) that experience has shown 

normally do not, individually or in the 

aggregate, have a significant effect on 

the human environment and, therefore, 

do not require preparation of an 

environmental assessment or 

environmental impact statement. 40 

CFR 1501.4, 1507.3(c)(8), 1508.1(e). 

DHS Instruction Manual, Appendix A, 

lists the categorical exclusions 

established by DHS in conformity with 

CEQ’s regulations. Under DHS NEPA 

implementing procedures, for an action 

to be categorically excluded it must 

satisfy each of the following conditions: 

(1) the entire action clearly fits within 

one or more of the categorical 

exclusions; (2) the action is not a piece 

of a larger action; and (3) no 

extraordinary circumstances exist that 

create the potential for a significant 

environmental effect. Instruction 

Manual, section V.B. (2) (a–c). 

This rulemaking is a major Federal 

action subject to NEPA. Under DHS 

Instruction Manual 023–01–001–01, 

Appendix A, DHS has established that 

certain categories of rulemaking, to 

include (1) the promulgation of rules 

that are of a strictly administrative or 

procedural nature and (2) rules that 

implement, without substantive change, 

statutory or regulatory requirements, 

meet the criteria for categorical 

exclusion and therefore do not require 

preparation of an environmental 

assessment or environmental impact 

statement. (Catex A3(a) and (b)). This 

rulemaking satisfies the conditions for 

categorical exclusion established under 

DHS Instruction Manual, section V.B.(2) 

and Appendix A because: (1) the final 

rule is both strictly administrative in 

nature and is intended only to 

implement, without substantive change, 

the statutory requirement that FEMA 

offer policyholders the option of paying 

their annual flood insurance premiums 

in monthly installments; (2) the impact 

of the final rule affects only payment 

schedules available under the NFIP and 

is not part of a larger action that would 

impact other FEMA programs; and (3) 

the final rule will not result in any 

extraordinary circumstances that would 

make application of a categorical 

exclusion inappropriate or trigger the 

need for additional analysis. See DHS 

Instruction Manual 023–01–001–01 

V(B)(2). FEMA has therefore determined 

that this rulemaking is categorically 

excluded under both Catex A3(a) and (b) 

of DHS Instruction Manual 023–01– 

001–01, Appendix A and no further 

NEPA analysis or documentation is 

required. 

F. Privacy Act/E-Government Act 

Under the Privacy Act of 1974, 5 

U.S.C. 552a, an agency must determine 

whether implementation of a proposed 

regulation will result in a system of 

records. A ‘‘record’’ is any item, 

collection, or grouping of information 

about an individual that is maintained 

by an agency, including, but not limited 

to, his/her education, financial 

transactions, medical history, and 

criminal or employment history and 

that contains his/her name, or the 

identifying number, symbol, or other 

identifying particular assigned to the 

individual, such as a finger or voice 

print or a photograph. 5 U.S.C. 

552a(a)(4). A ‘‘system of records’’ is a 

group of records under the control of an 

agency from which information is 

retrieved by the name of the individual 

or by some identifying number, 

symbols, or other identifying particular 

assigned to the individual. An agency 

cannot disclose any record that is 

contained in a system of records except 

by following specific procedures. The EGovernment Act of 2002, 44 U.S.C. 3501 

note, also requires specific procedures 

when an agency takes action to develop 

or procure information technology that 

collects, maintains, or disseminates 

information that is in an identifiable 

form. This Act also applies when an 

agency initiates a new collection of 

information that will be collected, 

maintained, or disseminated using 

information technology if it includes 

any information in an identifiable form 

permitting the physical or online 

contacting of a specific individual. 

In accordance with DHS policy, 

FEMA has completed a Privacy 

Threshold Analysis (PTA) for this rule. 

DHS/FEMA has determined that this 

rulemaking does not affect the 1660– 

0006 OMB Control Number’s current 

compliance with the E-Government Act 

of 2002 or the Privacy Act of 1974, as 

amended. As a result, DHS/FEMA has 

concluded that the 1660–0006 OMB 

Control Number is covered by the DHS/ 

FEMA/PIA–011—National Flood 

Insurance Program Information 

Technology Systems (NFIP ITS) Privacy 

Impact Assessment (PIA). Additionally, 

DHS/FEMA has decided that the 1660– 

0006 OMB Control Number is covered 

by the DHS/FEMA–003 National Flood 

Insurance Program Files, 79 FR 28747, 

May 19, 2014, System of Records 

Notice. 

G. Paperwork Reduction Act of 1995 

Under the Paperwork Reduction Act 

of 1995 (PRA), as amended, 44 U.S.C. 

3501–3520, an agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless the agency obtains 

approval from OMB for the collection 

and the collection displays a valid OMB 

control number. See 44 U.S.C. 

3506,3507. This rulemaking does not 

call for a new collection of information 

under the PRA. There is an existing 

collection of information, 1660–0006, 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 87307 

the NFIP Policy Forms, Public Law 90– 

448 (1968) (expanded by Pub. L. 93–234 

(1973)), included in this rulemaking. 

BW–12 and HFIAA required 

modifications to the NFIP. Program 

changes resulting from BW–12 and 

HFIAA necessitated revision of the NFIP 

Policy Forms to assure proper 

classification of properties for rating 

purposes and to rate and issue the 

policies in accordance with the 

provisions of BW–12 and HFIAA. 

However, this rule will not impact this 

collection because the forms have 

already been updated as needed. 

H. Executive Order 13175, 

‘‘Consultation and Coordination With 

Indian Tribal Governments’’ 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments,’’ 65 FR 67249 (Nov. 9, 

2000), applies to agency regulations that 

have Tribal implications, that is, 

regulations that have substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. Under 

this Executive order, to the extent 

practicable and permitted by law, no 

agency shall promulgate any regulation 

that has Tribal implications, that 

imposes substantial direct compliance 

costs on Indian Tribal governments, and 

that is not required by statute, unless 

funds necessary to pay the direct costs 

incurred by the Indian Tribal 

government in complying with the 

regulation are provided by the Federal 

Government or the agency consults with 

Tribal officials. Nor, to the extent 

practicable by law, may an agency 

promulgate a regulation that has Tribal 

implications and preempts Tribal law, 

unless the agency consults with Tribal 

officials. This rule involves no policies 

that have Tribal implications under 

Executive Order 13175. 

The purpose of this rulemaking is to 

implement the statutory requirement 

that FEMA offer policyholders the 

option of paying their flood insurance 

premiums in installments. FEMA lacks 

discretion to change course based on 

public comment which applies to 

comments from Indian Tribal 

governments. Further, the benefits 

anticipated for the general public are 

similarly shared amongst Indian Tribal 

Governments. Allowing Tribal Nation 

citizen policyholders to pay in smaller 

installments reduces barriers to entry in 

the flood insurance marketplace. The 

ability to pay in installments may also 

result in more Tribal Nation citizen 

policyholders retaining their flood 

insurance protection. 

Under the NFIP’s current annual 

premium payment requirement, a Tribal 

Nation citizen policyholder who is 

making annual payments typically only 

interacts with their flood insurance 

coverage at the time of initial purchase 

or renewal. Additionally, the Tribal 

Nation citizen policyholder must 

consider the full cost of flood insurance 

all at once, creating a different trade-off 

dynamic than when the cost is spread 

out. Facing a one-time annual payment, 

the policyholder may rationalize a 

decision to not renew on grounds that 

they perceive their risk to be low or that 

they will instead save the money spent 

on premium to self-fund repairs. In 

contrast, Tribal Nation citizen 

policyholders who make more frequent 

flood insurance payments will have an 

ongoing relationship with their insurer 

and a consistent reminder that they are 

protected against flood, and may be 

more aware of flood alerts, news about 

flooding, and more accurately perceive 

their risk. 

This rulemaking would benefit Indian 

Tribal governments subject to the NFIP, 

offering existing Tribal Nation citizen 

policyholders the option of paying their 

premiums in monthly installments 

rather than in one annual lump sum. 

The rulemaking would not have 

substantial negative direct effects on 

citizens of Tribal Nations, on the 

relationship between the Federal 

Government and Indian Tribes, or the 

distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

I. Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (Aug. 10, 1999), sets forth 

principles and criteria that agencies 

must adhere to in formulating and 

implementing policies that have 

federalism implications, that is, 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ For the 

purposes of this Executive order, the 

term States also includes local 

governments or other subdivisions 

established by the States. Under this 

Executive order, Federal agencies must 

closely examine the statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States. Further, to the extent practicable 

and permitted by law, no agency shall 

promulgate any regulation that has 

federalism implications, that imposes 

substantial direct compliance costs on 

State and local governments, and that is 

not required by statute, unless the 

Federal Government provides funds 

necessary to pay the direct costs 

incurred by the State and local 

governments in complying with the 

regulation, or the agency consults with 

State and local officials. Nor, to the 

extent practicable by law, may an 

agency promulgate a regulation that has 

federalism implications and preempts 

State law, unless the agency consults 

with State and local officials. 

FEMA has reviewed this rule under 

Executive Order 13132 and has 

determined that it does not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and therefore does 

not have federalism implications as 

defined by the Executive order. This 

rulemaking implements the statutory 

requirement that FEMA offer 

policyholders the option of paying their 

annual flood insurance premiums in 

monthly installments. As such, it would 

not have substantial direct effects on the 

States or participating communities, on 

the relationship between the National 

Government and the States or 

participating communities, or the 

distribution of power among the various 

levels of government. 

J. Executive Order 11988, ‘‘Floodplain 

Management’’ 

Executive Order 11988, 42 FR 26951 

(May 25, 1977), as amended by 

Executive Order 13690, ‘‘Establishing a 

Federal Flood Risk Management 

Standard (FFRMS) and a Process for 

Further Soliciting and Considering 

Stakeholder Input,’’ 80 FR 6425 (Feb. 4, 

2015), and Executive Order 14030, 

‘‘Climate-Related Financial Risk,’’ 86 FR 

27967 (May 25, 2021), requires each 

Federal agency to provide leadership 

and take action to reduce the risk of 

flood loss, to minimize the impact of 

floods on human safety, health and 

welfare, and to restore and preserve the 

natural and beneficial values served by 

floodplains in carrying out its 

responsibilities for (1) acquiring, 

managing, and disposing of Federal 

lands and facilities; (2) providing 

federally undertaken, financed, or 

assisted construction and 

improvements; and (3) conducting 

Federal activities and programs affecting 

land use, including but not limited to 

water and related land resources 

planning, regulating, and licensing 

activities. In carrying out these 

responsibilities, each agency must 

evaluate the potential effects of any 


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87308 Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 

actions it may take in a floodplain; 

ensure that its planning programs and 

budget requests reflect consideration of 

flood hazards and floodplain 

management; and prescribe procedures 

to implement the policies and 

requirements of the Executive order. 

Before promulgating any regulation, 

an agency must determine whether the 

proposed regulations will affect a 

floodplain(s), and if so, the agency must 

consider alternatives to avoid adverse 

effects and incompatible development 

in the floodplain(s). If the head of the 

agency finds that the only practicable 

alternative consistent with the law and 

with the policy set forth in Executive 

Order 11988 is to promulgate a 

regulation that affects a floodplain(s), 

the agency must, prior to promulgating 

the regulation, design or modify the 

regulation to minimize potential harm 

to or within the floodplain, consistent 

with the agency’s floodplain 

management regulations. It must also 

prepare and circulate a notice 

containing an explanation of why the 

action is proposed to be located in the 

floodplain. 

FEMA regulations at 44 CFR part 9 

implement E.O.s 11988 and 13690 by 

establishing an 8-step decision-making 

process for actions which have the 

potential to affect floodplains or their 

occupants, or which are subject to 

potential harm by location in 

floodplains. Under 44 CFR 9.5, actions 

affecting floodplains include actions 

which have the potential to result in the 

long- or short-term impacts associated 

with: (1) the occupancy or modification 

of floodplains, and the direct or indirect 

support of floodplain development; or 

(2) the destruction and modification of 

wetlands and the direct or indirect 

support of new construction in 

wetlands. Pursuant to 44 CFR 9.5(f), 

FEMA generally must apply the 8-step 

process for program-wide actions under 

the NFIP such as regulations, 

procedures, or other issuances making 

or amending program policy. This 

rulemaking implements the statutory 

requirement under the NFIP that FEMA 

offer policyholders the option of paying 

their annual flood insurance premiums 

in monthly installments. FEMA has 

determined that the changes in this rule 

do not meet the definition of an action 

as outlined in 44 CFR 9.4 and the 

rulemaking therefore does not trigger 

the requirements of 44 CFR part 9 as 

described in 44 CFR 9.5, including those 

outlined in 44 CFR 9.5(f). 

K. Executive Order 11990, ‘‘Protection of 

Wetlands’’ 

Executive Order 11990, ‘‘Protection of 

Wetlands,’’ 42 FR 26961 (May 24, 1977), 

sets forth that each agency must provide 

leadership and take action to minimize 

the destruction, loss or degradation of 

wetlands, and to preserve and enhance 

the natural and beneficial values of 

wetlands in carrying out the agency’s 

responsibilities. These responsibilities 

include (1) acquiring, managing, and 

disposing of Federal lands and facilities; 

and (2) providing federally undertaken, 

financed, or assisted construction and 

improvements; and (3) conducting 

Federal activities and programs affecting 

land use, including but not limited to 

water and related land resources 

planning, regulating, and licensing 

activities. Each agency, to the extent 

permitted by law, must avoid 

undertaking or providing assistance for 

new construction located in wetlands 

unless the head of the agency finds (1) 

that there is no practicable alternative to 

such construction, and (2) that the 

proposed action includes all practicable 

measures to minimize harm to wetlands 

which may result from such use. In 

making this finding, the head of the 

agency may take into account economic, 

environmental, and other pertinent 

factors. 

In carrying out the activities described 

in Executive Order 11990, each agency 

must consider factors relevant to a 

proposal’s effect on the survival and 

quality of the wetlands. These include 

public health, safety, and welfare, 

including water supply, quality, 

recharge and discharge; pollution; flood 

and storm hazards; sediment and 

erosion; maintenance of natural 

systems, including conservation and 

long-term productivity of existing flora 

and fauna, species and habitat diversity 

and stability, hydrologic utility, fish, 

wildlife, timber, and food and fiber 

resources. They also include other uses 

of wetlands in the public interest, 

including recreational, scientific, and 

cultural uses. 

This rulemaking implements the 

statutory requirement that FEMA offer 

policyholders the option of paying their 

annual flood insurance premiums in 

monthly installments. FEMA has 

determined that the changes in this rule 

do not meet the definition of an action 

as outlined in 44 CFR 9.4 and the 

rulemaking therefore does not trigger 

the requirements of 44 CFR part 9 as 

described in 44 CFR 9.5, including those 

outlined in 44 CFR 9.5(f). 

L. Executive Order 12898, 

‘‘Environmental Justice’’ 

Under Executive Order 12898, 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations,’’ 59 FR 7629 (Feb. 16, 

1994), as amended by Executive Order 

12948, 60 FR 6381 (Feb. 1, 1995), FEMA 

incorporates environmental justice into 

its policies and programs. The Executive 

order requires each Federal agency to 

identify and address disproportionately 

high and adverse human health or 

environmental effects of its programs, 

policies, and activities on minority 

populations and low-income 

populations. 

This rulemaking will not have a 

disproportionately high or adverse 

human health or environmental effect 

on low-income or minority populations. 

M. Congressional Review of Agency 

Rulemaking 

Before a rule can take effect, the 

Congressional Review of Agency 

Rulemaking Act (CRA), 5 U.S.C. 801– 

808, requires the Federal agency 

promulgating the rule to submit to 

Congress and to the Government 

Accountability Office (GAO) a copy of 

the rule, a concise general statement 

relating to the rule, including whether it 

is a major rule, the proposed effective 

date of the rule, a copy of any costbenefit analysis, descriptions of the 

agency’s actions under the Regulatory 

Flexibility Act and the Unfunded 

Mandates Reform Act, and any other 

information or statements required by 

relevant Executive orders. 

FEMA will send this rule to the 

Congress and to GAO pursuant to the 

CRA. This rule is not a ‘‘major rule’’ 

within the meaning of the CRA. It will 

not have an annual effect on the 

economy of $100,000,000 or more or 

result in a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions. Nor will it have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of United 

States-based enterprises to compete 

with foreign-based enterprises in 

domestic and export markets. 

List of Subjects 

44 CFR Part 61 

Flood insurance, Reporting and 

recordkeeping requirements. 

44 CFR Part 62 

Claims, Flood insurance, Reporting 

and recordkeeping requirements. 

For the reasons stated in the 

preamble, FEMA amends 44 CFR 

chapter I as follows: 


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Federal Register / Vol. 89, No. 212 / Friday, November 1, 2024 / Rules and Regulations 87309 

PART 61—INSURANCE COVERAGE 

AND RATES 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

101 et seq. 

■ 2. Revise § 61.4 to read as follows: 

§ 61.4 Properties in violation of law, 

regulation, or ordinance. 

No new flood insurance or renewal of 

flood insurance policies will be written 

for properties declared by a duly 

constituted State or local zoning or 

other authority to be in violation of any 

floodplain, mudslide (i.e., mudflow), or 

flood-related erosion area management 

or control law, regulation, or ordinance. 

■ 3. Revise § 61.10 to read as follows: 

§ 61.10 Requirements for issuance or 

renewal of flood insurance coverage. 

(a) Issuance or renewal of flood 

insurance. FEMA will not issue or 

renew flood insurance unless FEMA 

receives: 

(1) The full amount due, which is: 

(i) Either: 

(A) Presentment of the full premium; 

or 

(B) Presentment of the first of a series 

of monthly premium installment 

payments; and 

(ii) Presentment of the full amount of 

surcharges, fees, and assessments; and 

(2) A complete application, including 

the information necessary to establish a 

premium rate for the policy, or 

submission of corrected or additional 

information necessary to calculate the 

premium for the renewal of the policy. 

(b) Impact of installment payments. 

(1) FEMA will not reduce coverage or 

reform the policy for any policyholder 

who makes timely installment payments 

in accordance with the terms identified 

in paragraph (a)(1)(i)(B) of this section. 

In the event of a claim occurring prior 

to a policyholder completing all 

installment payments, the policyholder 

must remit the balance of payment. The 

policyholder may settle their balance 

out of claim proceeds in accordance 

with the Standard Flood Insurance 

Policy. 

(2) FEMA shall require payment in 

full in the next policy term for any 

policyholder who fails to make all 

installment payments in accordance 

with the terms identified in paragraph 

(a)(1)(i)(B) of this section. 

PART 62—SALE OF INSURANCE AND 

ADJUSTMENT OF CLAIMS 

■ 4. The authority citation for part 62 

continues to read as follows: 

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

101 et seq. 

■ 5. Revise § 62.23(h)(7) to read as 

follows: 

§ 62.23 WYO Companies authorized. 

* * * * * 

(h) * * * 

(7) Premium payment plans must be 

offered by the WYO Company under the 

terms prescribed by the Administrator 

in § 61.10(a)(1). 

* * * * * 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2024–25213 Filed 10–31–24; 8:45 am] 

BILLING CODE 9111–52–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 8 

[PS Docket Nos. 23–239; FR ID 258059] 

Public Safety and Homeland Security 

Bureau Announces 15-Business Day 

Filing Window for Cybersecurity 

Labeling Administrator and Lead 

Administrator Applications; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Communications 

Commission is correcting the DATES

section of a final rule that appeared in 

the Federal Register on October 21, 

2024 announcing a 15-business day 

filing window for applications from 

entities seeking designation as a 

Cybersecurity Labeling Administrator 

(CLA) and Lead Administrator and also 

adopting additional requirements for 

CLAs and Lead Administrators. 

DATES: Effective November 20, 2024. 

FOR FURTHER INFORMATION CONTACT: Tara 

Shostek, Attorney Advisor, 

Cybersecurity and Communications 

Reliability Division, Public Safety and 

Homeland Security Bureau, (202) 418– 

8130, or by email to Tara.Shostek@

fcc.gov. 

SUPPLEMENTARY INFORMATION: In rule 

document 2024–23844 at 89 FR 84086, 

appearing on page 84086 in the Federal 

Register of Monday, October 21, 2024, 

in the third column, the DATES section 

is corrected to read as follows: 

Effective date: November 20, 2024, 

except for amendment 3 (47 CFR 

8.220(f)(14)) which is delayed 

indefinitely until the Office of 

Management and Budget has completed 

review under the Paperwork Reduction 

Act. The Commission will publish a 

document in the Federal Register 

announcing that effective date. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–25404 Filed 10–31–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 241028–0280; RTID 0648– 

XE301] 

Atlantic Surfclam and Ocean Quahog 

Fisheries; 2025 Fishing Quotas for 

Atlantic Surfclams and Ocean 

Quahogs; and Suspension of Atlantic 

Surfclam Minimum Size Limit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces that the 

quotas for the Atlantic surfclam and 

ocean quahog fisheries for 2025 will 

remain status quo. NMFS also suspends 

the minimum size limit for Atlantic 

surfclams for the 2025 fishing year. 

Regulations for these fisheries require 

NMFS to notify the public of the 

allowable harvest levels for Atlantic 

surfclams and ocean quahogs from the 

Exclusive Economic Zone even if the 

previous year’s quota specifications 

remain unchanged. The 2025 quotas 

were previously announced as projected 

values. This action confirms the final 

quotas are unchanged from those 

projections. This action would not 

result in harm to these fisheries. 

DATES: Effective January 1, 2025, 

through December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

978–281–9341. 

SUPPLEMENTARY INFORMATION: The 

Atlantic Surfclam and Ocean Quahog 

Fishery Management Plan (FMP) 

requires that NMFS issue notice in the 

Federal Register of the upcoming year’s 

quota, even if the quota remains 

unchanged from the previous year. At 

its August 2024 meeting, the MidAtlantic Fishery Management Council 

(Council) recommended no change to 

the quota specifications for Atlantic 

surfclams and ocean quahogs for the 

2025 fishing year. We are announcing 

2025 quota levels of 3.4 million bushels 


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