Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 16221 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2022–0004] 

National Flood Insurance Program 

(NFIP); Assistance to Private Sector 

Property Insurers, Notice of FY 2023 

Arrangement 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: The Federal Emergency 

Management Agency announces the 

Fiscal Year 2023 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 21, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Devaney Ice, Federal Insurance 

and Mitigation Administration, FEMA, 

400 C St. SW, Washington, DC 20472 

(mail); (202) 320–5577 (phone); or 

sarah.devaney-ice@fema.dhs.gov 

(email). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Flood Insurance Act of 

1968 (NFIA) (42 U.S.C. 4001 et seq.) 

authorizes the Administrator of the 

Federal Emergency Management Agency 

(FEMA) to establish and carry out a 

National Flood Insurance Program 

(NFIP) to enable interested persons to 

purchase flood insurance. See 42 U.S.C. 

4011(a). Under the NFIA, FEMA may 

use insurance companies and other 

insurers, insurance agents and brokers, 

and insurance adjustment organizations 

as fiscal agents of the United States to 

help it carry out the NFIP. See 42 U.S.C. 

4071. To this end, FEMA may ‘‘enter 

into any contracts, agreements, or other 

appropriate arrangements’’ with private 

insurance companies to use their 

facilities and services in administering 

the NFIP on such terms and conditions 

as they agree upon. See 42 U.S.C. 

4081(a). 

Pursuant to this authority, FEMA 

enters into a standard Financial 

Assistance/Subsidy Arrangement 

(Arrangement) with private sector 

property insurers, also known as Write 

Your Own (WYO) companies, to sell 

NFIP flood insurance policies under 

their own names and adjust and pay 

claims arising under the Standard Flood 

Insurance Policy (SFIP). Each 

Arrangement entered into by a WYO 

company must be in the form and 

substance of the standard Arrangement, 

a copy of which is published in the 

Federal Register annually, at least 6 

months prior to becoming effective. See 

44 CFR 62.23(a). To learn more about 

FEMA’s WYO Program, please visit 

https://nfipservices.floodsmart.gov/ 

write-your-own-program. 

II. Notice of Availability 

Insurers interested in participating in 

the WYO Program for Fiscal Year 2023 

must contact Sarah Devaney Ice at 

sarah.devaney-ice@fema.dhs.gov by 

June 21, 2022. 

Prior participation in the WYO 

Program does not guarantee FEMA will 

approve continued participation. FEMA 

will evaluate requests to participate in 

light of publicly available information, 

industry performance data, and other 

criteria listed in 44 CFR 62.24 and the 

FY 2023 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 2023 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 2022 Arrangement for a period 

required for orderly transfer or cessation 

of the business and settlement of 

accounts, not to exceed 18 months. See 

FY 2022 Arrangement, Article II.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); 

(202) 320–5577 (phone); or 

sarah.devaney-ice@fema.dhs.gov 

(email). 

III. Fiscal Year 2023 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 2023 

Arrangement provided below is 

substantially similar to the previous 

year’s Arrangement, but includes the 

following substantive changes: 

1. In Article II.C. (Commencement 

and Termination), FEMA is requiring 

applicants, who have never participated 

in the program, or who are returning 

after a period of non-participation to 

provide their operations plan at the time 

they submit their application to 

participate in the WYO Program. 

2. In Article II.D. (Commencement 

and Termination), FEMA is providing 

additional guidance on the transfer of 

data and documentation. 

3. In Article II.F. (Commencement and 

Termination), FEMA is providing 

additional guidance for companies and 

will require notice from any company 

that is assigned a financial strength 

rating that is downgraded by an 

independent financial rating company 

during the period of participation in the 

Arrangement, or is unable to operate as 

a result of a State department of 

insurance order or directive, including 

those companies that are in receivership 

or run-off status. Furthermore, FEMA 

has added an immediate notice 

requirement for such companies. 

4. In Article III.A. (Undertakings of 

the Company), FEMA is requiring WYO 

companies to have a live customer 

service agent in order to be more 

accessible to policyholders. 

5. Removal of Reimbursement for 

Services of a National Rating 

Organization from Article IV.B.4. 

The Fiscal Year 2023 Arrangement 

reads as follows: 

Financial Assistance/Subsidy 

Arrangement 

Article I. General Provisions 

A. Parties. The parties to the Financial 

Assistance/Subsidy Arrangement are the 

Federal Emergency Management Agency 

(FEMA) and the Company. 

B. Purpose. The purpose of this 

Financial Assistance/Subsidy 

Arrangement is to authorize the 

Company to sell and service flood 

insurance policies made available 

through the National Flood Insurance 

Program (NFIP) and adjust and pay 

claims arising under such policies as 

fiscal agents of the Federal Government. 

C. Authority. This Financial 

Assistance/Subsidy Arrangement is 

authorized under the National Flood 

Insurance Act of 1968 (NFIA) (42 U.S.C. 

4001 et seq.), and in particular, section 


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1345(a) of the NFIA (42 U.S.C. 4081(a)), 

as implemented by 44 CFR 62.23 and 

62.24. 

Article II. Commencement and 

Termination 

A. The effective period of this 

Arrangement begins on October 1, 2022 

and terminates no earlier than 

September 30, 2023, subject to 

extension pursuant to Articles II.D and 

II.H. 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 2024 in the Federal 

Register no later than April 1, 2023. 

Upon such publication, the Company 

must notify FEMA of its intent to resubscribe or not re-subscribe to the 

WYO Program for the following term 

within ninety (90) calendar days. 

C. Requesting Participation in WYO 

Program. Insurers interested in 

participating in the WYO Program, who 

have never participated in the program, 

or who are returning to the program 

after a period of non-participation, must 

submit a written request to participate. 

1. Participation is then contingent on 

submission of both: 

a. A completed application package, 

the requirements and contents of which 

FEMA will outline in its written 

response to the request to participate, 

and 

b. A completed operations plan, 

whose requirements and contents are 

outlined at Article III.A.5 of this 

Arrangement. 

2. Insurers who are already 

participating in the program must 

submit their operations plan within 

ninety (90) days as outlined in Article 

III.A.5 of this Arrangement. 

D. In addition to the requirements of 

Article II.B, in order to ensure 

uninterrupted service to policyholders, 

the Company must notify FEMA within 

thirty (30) calendar days of when the 

Company elects not to re-subscribe to 

the WYO Program during the term of 

this Arrangement. If so notified, or if 

FEMA chooses not to renew the 

Company’s participation, FEMA, at its 

option, may require the continued 

performance of all or selected elements 

of this Arrangement for the period 

required for orderly transfer or cessation 

of business and settlement of accounts, 

not to exceed eighteen (18) months after 

the end of this Arrangement (September 

30, 2023), and may either require 

transfer of activities to FEMA under 

Article II.D.1 or allow transfer of 

activities to another WYO company 

under Article II.D.2: 

1. FEMA may require the Company to 

transfer all activities under this 

Arrangement to FEMA. Within thirty 

(30) calendar days of FEMA’s election of 

this option, the Company must deliver 

to FEMA the following: 

a. A plan for the orderly transfer to 

FEMA of any continuing responsibilities 

in administering the policies issued by 

the Company under the Program 

including provisions for coordination 

assistance. 

b. All data received, produced, and 

maintained through the life of the 

Company’s participation in the Program, 

including certain data, as determined by 

FEMA, in a standard format and 

medium. 

c. All claims and policy files, 

including those pertaining to receipts 

and disbursements that have occurred 

during the life of each policy. In the 

event of a transfer of the services 

provided, the Company must provide 

FEMA with a report showing, on a 

policy basis, any amounts due from or 

payable to policyholders, agents, 

brokers, and others as of the transition 

date. 

d. All funds in its possession with 

respect to any policies transferred to 

FEMA for administration and the 

unearned expenses retained by the 

Company. 

e. A point of contact within the 

Company responsible for addressing 

issues that may arise from the 

Company’s previous participation under 

the WYO Program. 

2. Within ninety (90) calendar days of 

receiving the Company’s data and 

supporting documentation, FEMA will 

notify the Company of the date that 

FEMA will complete the transfer. 

3. 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. 

E. Cancellation by FEMA. 

1. FEMA may cancel financial 

assistance under this Arrangement in its 

entirety upon thirty (30) calendar days 

written notice to the Company stating 

one or more of the following reasons for 

such cancellation: 

a. Fraud or misrepresentation by the 

Company subsequent to the inception of 

the Arrangement; or 

b. Nonpayment to FEMA of any 

amount due; or 

c. Material failure to comply with the 

requirements of this Arrangement or 

with the written standards, procedures, 

or guidance issued by FEMA relating to 

the NFIP and applicable to the 

Company. 

d. Failure to maintain compliance 

with WYO company participation 

criteria at 44 CFR 62.24. 

e. Any other cause so serious or 

compelling a nature that affects the 

Company’s present responsibility. 

2. If FEMA cancels this Arrangement 

pursuant to Article II.E.1, FEMA may 

require the transfer of administrative 

responsibilities and the transfer of data 

and records as provided in Article 

II.D.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.E.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.D.3. 

F. 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, including but not 

limited to being placed in receivership 

or run-off status by a State Department 

of Insurance, 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 


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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.D.2. 

The Company shall immediately notify 

FEMA if: 

1. An independent financial rating 

company downgrades its financial 

strength during its period of 

performance under this Arrangement; or 

2. It receives a State department of 

insurance order or directive making it 

unable to carry out its obligations under 

this Arrangement, including but not 

limited to being placed in receivership 

or run-off status by a State department 

of insurance. 

G. 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. 

H. If FEMA does not publish the 

Fiscal Year 2024 Arrangement in the 

Federal Register on or before April 1, 

2023, then FEMA may require the 

continued performance of all or selected 

elements of this Arrangement through 

December 31, 2024, but such extension 

may not exceed the expiration of the six 

(6) month period following publication 

of the Fiscal Year 2024 Arrangement in 

the Federal Register. 

Article III. Undertakings of the 

Company 

A. Responsibilities of the Company. 

1. Policy Issuance and Maintenance. 

The Company must meet all 

requirements of the Financial Control 

Plan and any guidance issued by FEMA. 

The Company is responsible for the 

following: 

a. Compliance with Rating 

Procedures. 

b. Eligibility Determinations. 

c. Policy Issuances. 

d. Policy Endorsements. 

e. Policy Cancellations. 

f. Policy Correspondence. 

g. Payment of Agents’ Commissions. 

h. Fund Management, including the 

receipt, recording, disbursement, and 

timely deposit of NFIP funds. 

2. The Company must provide a live 

customer service agent that (1) is 

accessible to all policyholders via 

telephone during business days, and (2) 

can resolve commonplace customer 

service issues. 

3. Claims Processing. 

a. In general. The Company must 

process all claims consistent with the 

Standard Flood Insurance Policy, 

Financial Control Plan, Claims Manual, 

other guidance adopted by FEMA, and 

as much as possible, with the 

Company’s standard business practices 

for its non-NFIP policies. 

b. Adjuster registration. The Company 

may not use an independent adjuster to 

adjust a claim unless the independent 

adjuster: 

i. Holds a valid Flood Control Number 

issued by FEMA; or 

ii. Participates in the Flood Adjuster 

Capacity Program. 

c. Claim reinspections. The Company 

must cooperate with any claim 

reinspection by FEMA. 

4. 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. 

5. Operations Plan. Within ninety (90) 

calendar days of the commencement of 

this Arrangement, the Company must 

submit a written Operations Plan to 

FEMA describing its efforts to perform 

under this Arrangement. The plan must 

include the following: 

a. Private Flood Insurance Separation 

Plan. If applicable, a description of the 

Company’s policies, procedures, and 

practices separating their NFIP flood 

insurance lines of business from their 

non-NFIP flood insurance lines of 

business, including its implementation 

of Article III.E. 

b. Marketing Plan. A marketing plan 

describing the Company’s forecasted 

growth, efforts to achieve that growth, 

and ability to comply with any 

marketing guidelines provided by 

FEMA. 

c. Customer Service Plan. A 

description of overall customer service 

practices, including ongoing and 

planned improvement efforts. 

d. Distribution Plan. A description of 

the Company’s NFIP flood insurance 

distribution network, including 

anticipated numbers of agents, efforts to 

train those agents, and an average rate 

of commissions paid to producers by 

state. 

e. Catastrophic Claims Handling Plan. 

A catastrophic claims handling plan 

describing how the Company will 

respond and maintain service standards 

in catastrophic flood events, including: 

i. Deploying mobile or temporary 

claims centers to provide immediate 

policyholder assistance, including 

submission of notice of loss and claim 

status information. 

ii. Preparing people, processes, and 

tools for claims processing in remote 

work scenarios. 

iii. Preparing communications in 

advance for readiness throughout the 

year including a suite of printed and 

digital materials (e.g., advertisements, 

educational materials, social media 

messaging, website blogs and 

announcements) that provide key 

messaging to stakeholders, including 

policyholders, agents, and the public 

following a catastrophic flood event. 

iv. Identifying the core areas of 

information technology that need to be 

scaled pre-event or are scalable postevent. 

f. Business Continuity Plan. A 

business continuity plan identifying 

threats and risks facing the Company’s 

NFIP-related operations and how the 

Company will maintain operations in 

the event of a disaster affecting its 

operational capabilities. 

g. Privacy Protection Plan. A privacy 

protection plan that describes the 

Company’s standards for using and 

maintaining personally identifiable 

information. 

h. System Security Plan. A system 

security plan that describes system 

boundaries, system environments of 

operation, how security requirements 

are implemented, and the relationships 

with or connections to other systems, 

including plans of action that describe 

how unimplemented security 

requirements will be met and how any 

planned mitigations will be 

implemented, prepared in accordance 

with either: 

i. National Institute of Standards and 

Technology (NIST) Special Publication 

(SP) 800–171 ‘‘Protecting Controlled 

Unclassified Information in Nonfederal 

Information Systems and 

Organizations’’, Revision 2, https://

csrc.nist.gov/publications/detail/sp/800- 

171/rev-2/final; or 

ii. Another comparable standard 

deemed acceptable by FEMA. 

B. Time Standards. WYO companies 

must meet the time standards provided 

below. Time will be measured from the 

date of receipt through the date the task 

is completed. In addition to the 

standards set forth below, all functions 

performed by the Company must be in 

accordance with the highest reasonably 

attainable quality standards generally 

used in the insurance and data 

processing field. Applicable time 

standards are: 


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1. Application Processing—fifteen 

(15) business days (Note: if the policy 

cannot be sent due to insufficient or 

erroneous information or insufficient 

funds, the Company must send a request 

for correction or added moneys within 

ten (10) businessdays). 

2. Renewal processing—seven (7) 

business days. 

3. Endorsement processing—fifteen 

(15) business days. 

4. Cancellation processing—fifteen 

(15) business days. 

5. File examination—seven (7) 

business days from the day the 

Company receives the final report. 

6. Claims draft processing—seven (7) 

business days from completion of file 

examination. 

7. Claims adjustment—forty-five (45) 

calendar days average from the receipt 

of Notice of Loss (or equivalent) through 

completion of examination. 

8. Upload transactions to Pivot—one 

(1) business day. 

C. Policy Issuance. 

1. The flood insurance subject to this 

Arrangement must be only that 

insurance written by the Company in its 

own name pursuant to the Act. 

2. The Company must issue policies 

under the regulations prescribed by 

FEMA, in accordance with the Act, on 

a form approved by FEMA. 

3. The Company must issue all 

policies in consideration of such 

premiums and upon such terms and 

conditions and in such states or areas or 

subdivisions thereof as may be 

designated by FEMA and only where 

the Company is licensed by State law to 

engage in the property insurance 

business. 

D. Lapse of Authority or 

Appropriation. FEMA may require the 

Company to discontinue issuing 

policies subject to this Arrangement 

immediately in the event Congressional 

authorization or appropriation for the 

NFIP is withdrawn. 

E. Separation of Finances and Other 

Lines of Flood Insurance. 

1. The Company must separate 

Federal flood insurance funds from all 

other Company accounts, at a bank or 

banks of its choosing for the collection, 

retention and disbursement of Federal 

funds relating to its obligation under 

this Arrangement, less the Company’s 

expenses as set forth in Article IV. The 

Company must remit all funds not 

required to meet current expenditures to 

the United States Treasury, in 

accordance with the provisions of the 

WYO Accounting Procedures Manual. 

2. Other Undertakings of the 

Company. 

a. Clear communication. If the 

Company also offers insurance policies 

covering the peril of flood outside of the 

NFIP in any geographic area in which 

Program authorizes the purchase of 

flood insurance, the Company must 

ensure that all public communications 

(whether written, recorded, electronic, 

or other) regarding non-NFIP insurance 

lines would not lead a reasonable 

person to believe that the NFIP, FEMA, 

or the Federal Government in any way 

endorses, sponsors, oversees, regulates, 

or otherwise has any connection with 

the non-NFIP insurance line. The 

Company may assure compliance with 

this requirement by prominently 

including in such communications the 

following statement: ‘‘This insurance 

product is not affiliated with the 

National Flood Insurance Program.’’ 

b. Data protection. The company may 

not use non-public data, information, or 

resources obtained in course of 

executing this Arrangement to further or 

support any activities outside the scope 

of this Arrangement. 

F. Claims. The Company must 

investigate, adjust, settle, and defend all 

claims or losses arising from policies 

issued under this Arrangement. 

Payment of flood insurance claims by 

the Company bind FEMA, subject to 

appeal. 

G. Compliance with Agency 

Standards and Guidelines. 

1. The Company must comply with 

the Act, regulations, written standards, 

procedures, and guidance issued by 

FEMA relating to the NFIP and 

applicable to the Company, including, 

but not limited to the following: 

a. WYO Program Financial Control 

Plan. 

b. Pivot Use Procedures. 

c. NFIP Flood Insurance Manual. 

d. NFIP Claims Manual. 

e. NFIP Litigation Manual. 

f. WYO Accounting Procedures 

Manual. 

g. WYO Bulletins. 

2. The Company must market flood 

insurance policies in a manner 

consistent with marketing guidelines 

established by FEMA. 

3. FEMA may require the Company to 

collect customer service information to 

monitor and improve their program 

delivery. 

4. The Company must notify its agents 

of the requirement to comply with State 

regulations regarding flood insurance 

agent education, notify agents of flood 

insurance training opportunities, and 

assist FEMA in periodic assessment of 

agent training needs. 

H. Compliance with Appeals Process. 

1. In general. FEMA will notify the 

Company when a policyholder files an 

appeal. After notification, the Company 

must provide FEMA the following 

information: 

a. All records created or maintained 

pursuant to this Arrangement requested 

by FEMA; and 

b. A comprehensive claim file 

synopsis, redacted of personally 

identifiable information, that includes a 

summary of the appeal issues, the 

Company’s position on each issue, and 

any additional relevant information. If, 

in the process of writing the synopsis, 

the Company determines that it can 

address the issue raised by the 

policyholder on appeal without further 

direction, it must notify FEMA. The 

Company will then work directly with 

the policyholder to achieve resolution 

and update FEMA upon completion. 

The Company may have a claims 

examiner review the file who is 

independent from the original decision 

and who possesses the authority to 

overturn the original decision if the 

facts support it. 

2. Cooperation. The Company must 

cooperate with FEMA throughout the 

appeal process until final resolution. 

This includes adhering to any written 

appeals guidance issued by FEMA. 

3. Resolution of Appeals. FEMA will 

close an appeal when: 

a. FEMA upholds the denial by the 

Company; 

b. FEMA overturns the denial by the 

Company and all necessary actions that 

follow are completed; 

c. The Company independently 

resolves the issue raised by the 

policyholder without further direction; 

d. The policyholder voluntarily 

withdraws the appeal; or 

e. The policyholder files litigation. 

4. Processing of Additional Payments 

from Appeal. The Company must follow 

established NFIP adjusting practices and 

claim handling procedures for appeals 

that result in additional payment to a 

policyholder when FEMA does not 

explicitly direct such payment during 

the review of the appeal. 

5. Time Standards. 

a. Provide FEMA with requested files 

pursuant to Article III.H.1.a—ten (10) 

business days after request. 

b. Provide FEMA with comprehensive 

claim file synopsis pursuant to Article 

III.H.1.b—ten (10) business days after 

request. 

c. Responding to inquiries from 

FEMA regarding an appeal—ten (10) 

business days after inquiry. 

d. Inform FEMA of any litigation filed 

by a policyholder with a current 

appeal—ten (10) business days of 

notice. 

I. Subrogation. 

1. In general. Consistent with Federal 

law and guidance, the Company must 

use its customary business practices 

when pursuing subrogation. 


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2. Referral to FEMA. Pursuant to 44 

CFR 62.23(i)(8), in lieu of the Company 

pursuing a subrogation claim, WYO 

companies may refer such claims to 

FEMA. 

3. Notification. No more than ten (10) 

calendar days after either the Company 

identifies a possible subrogation claim 

or FEMA notifies the Company of a 

possible subrogation claim, the 

Company must notify FEMA of its 

intent to pursue the claim or refer the 

claim to FEMA. 

4. Cooperation. Pursuant to 44 CFR 

62.23(i)(11), the Company must extend 

reasonable cooperation to FEMA’s 

Office of the Chief Counsel on matters 

related to subrogation. 

J. Access to Records. The Company 

must furnish to FEMA such summaries 

and analysis of information including 

claim file information and property 

address, location, and/or site 

information in its records as may be 

necessary to carry out the purposes of 

the Act, in such form as FEMA, in 

cooperation with the Company, will 

prescribe. 

K. System for Award Management 

(SAM). The Company must be registered 

in the System for Award Management. 

Such registration must have an active 

status during the period of performance 

under this Arrangement. The Company 

must ensure that its SAM registration is 

accurate and up to date. 

L. Cybersecurity. 

1. In general. Unless the Company 

uses a compliance alternative pursuant 

to Article III.L.2, the Company must 

implement the security requirements 

specified by National Institute of 

Standards and Technology (NIST) 

Special Publication (SP) 800–171 

‘‘Protecting Controlled Unclassified 

Information in Nonfederal Information 

Systems and Organizations’’, Revision 2 

(https://csrc.nist.gov/publications/ 

detail/sp/800-171/rev-2/final) for any 

system that processes, stores, or 

transmits information that requires 

safeguarding or dissemination controls 

pursuant to and consistent with law, 

regulations, this Arrangement, or other 

applicable requirements, including 

information protected pursuant to 

Article XII.C and personally identifiable 

information of NFIP applicants and 

policyholders. Such implementation 

must be validated by a third-party 

assessment organization. 

2. Compliance alternatives. In lieu of 

compliance with Article IV.L.1, the 

Company may either: 

a. Provide FEMA with documentation 

that the Company is securing the 

systems subject to the requirements of 

Article III.L.1 with either: 

i. ISO/IEC 27001, https://www.iso.org/ 

isoiec-27001-information-security.html; 

ii. NIST Cybersecurity Framework, 

https://csrc.nist.gov/publications/detail/ 

sp/800-171/rev-2/final; 

iii. Cybersecurity Maturity Model 

Certification (CMMC 2.0), https://

www.acq.osd.mil/cmmc/; 

iv. Service and Organization Controls 

(SOC) 2, https://www.aicpa.org/ 

interestareas/frc/assuranceadvisory

services/sorhome.html; or 

v. Another comparable standard 

deemed acceptable by FEMA; 

b. Provide a plan of action that 

describes how unimplemented security 

requirements of NIST SP 800–171, rev. 

2, (https://csrc.nist.gov/publications/ 

detail/sp/800-171/rev-2/final) will be 

met and how any planned mitigations 

will be implemented as part of the 

system security plan required under 

Article III.A.4.h. 

Article IV. Loss Costs, Expenses, 

Expense Reimbursement, and Premium 

Refunds 

A. The Company is liable for 

operating, administrative, and 

production expenses, including any 

State premium taxes, dividends, agents’ 

commissions or any other expense of 

whatever nature incurred by the 

Company in the performance of its 

obligations under this Arrangement but 

excluding other taxes or fees, such as 

municipal or county premium taxes, 

surcharges on flood insurance premium, 

and guaranty fund assessments. 

B. Payment for Selling and Servicing 

Policies. 

1. Operating and Administrative 

Expenses. The Company may withhold, 

as operating and administrative 

expenses, other than agents’ or brokers’ 

commissions, an amount from the 

Company’s written premium on the 

policies covered by this Arrangement in 

reimbursement of all of the Company’s 

marketing, operating, and 

administrative expenses, except for 

allocated and unallocated loss 

adjustment expenses described in 

Article IV.C. This amount will equal the 

sum of the average industry expenses 

ratios for ‘‘Other Act.’’, ‘‘Gen. Exp.’’ And 

‘‘Taxes’’ calculated by aggregating 

premiums and expense amounts for 

each of five property coverages using 

direct premium and expense 

information to derive weighted average 

expense ratios. For this purpose, FEMA 

will use data for the property/casualty 

industry published, as of March 15 of 

the prior Arrangement year, in Part III 

of the Insurance Expense Exhibit in 

A.M. Best Company’s Aggregates and 

Averages for the following five property 

coverages: Fire, Allied Lines, 

Farmowners Multiple Peril, 

Homeowners Multiple Peril, and 

Commercial Multiple Peril (non-liability 

portion). 

2. Agent Compensation. The 

Company may retain fifteen (15) percent 

of the Company’s written premium on 

the policies covered by this 

Arrangement as the commission 

allowance to meet the commissions or 

salaries of insurance agents, brokers, or 

other entities producing qualified flood 

insurance applications and other related 

expenses. 

3. Growth Bonus. FEMA may increase 

the amount of expense allowance 

retained by the Company depending on 

the extent to which the Company meets 

the marketing goals for the Arrangement 

year contained in marketing guidelines 

established pursuant to Article III.G.2. 

The total growth bonuses paid to 

companies pursuant to this 

Arrangement may not exceed two (2) 

percent of the aggregate net written 

premium collected by all WYO 

companies. FEMA will pay the 

Company the amount of any increase 

after the end of the Arrangement year. 

C. FEMA will reimburse Loss 

Adjustment Expenses as follows: 

1. FEMA will reimburse unallocated 

loss adjustment expenses to the 

Company pursuant to a ‘‘ULAE 

Schedule’’ coordinated with the 

Company and provided by FEMA. 

2. FEMA will reimburse allocated loss 

adjustment expenses to the Company 

pursuant to a ‘‘Fee Schedule’’ 

coordinated with the Company and 

provided by FEMA. To ensure the 

availability of qualified insurance 

adjusters during catastrophic flood 

events, FEMA may, in its sole 

discretion, temporarily authorize the 

use of an alternative Fee Schedule with 

increased amounts during the term of 

this Arrangement for losses incurred 

during a time frame and geographic area 

established by FEMA. 

3. FEMA will reimburse special 

allocated loss expenses and subrogation 

expenses reimbursable under 44 CFR 

62.23(i)(8) to the Company in 

accordance with guidelines issued by 

FEMA. 

D. Loss Payments. 

1. The Company must make loss 

payments for flood insurance policies 

from federal funds retained in the bank 

account(s) established under Article 

III.E.1 and, if such funds are depleted, 

from Federal funds withdrawn from the 

National Flood Insurance Fund 

pursuant to Article V. 

2. Loss payments include payments 

because of litigation that arises under 

the scope of this Arrangement, and the 

Authorities set forth herein. All such 


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loss payments and related expenses 

must meet the documentation 

requirements of the Financial Control 

Plan and of this Arrangement, and the 

Company must comply with the 

litigation documentation and 

notification requirements established by 

FEMA. Failure to meet these 

requirements may result in FEMA’s 

decision not to provide reimbursement. 

3. Oversight of Litigation. 

a. Any litigation resulting from, 

related to, or arising from the 

Company’s compliance with the written 

standards, procedures, and guidance 

issued by FEMA arises under the 

National Flood Insurance Act of 1968 or 

regulations, and such legal issues raise 

a Federal question. 

b. The Company must conduct 

litigation arising out of the Company’s 

participation in the NFIP in accordance 

with the National Flood Insurance 

Program Litigation Manual. 

c. FEMA will not reimburse the 

Company for any award or judgment for 

damages and any costs to defend 

litigation that is either: 

i. Grounded in actions by the 

Company that are significantly outside 

the scope of this Arrangement; or 

ii. Involves issues of agent negligence. 

d. Customary Business Practices. 

Unless otherwise directed by FEMA, the 

Company must oversee litigation arising 

under this Arrangement using its 

customary business practices for the 

oversight of litigation arising under the 

Company’s property and casualty lines 

of insurance not sold under this 

Arrangement, including billing rates 

and standards. 

E. Refunds. The Company must make 

premium refunds required by FEMA to 

applicants and policyholders from 

Federal flood insurance funds referred 

to in Article III.E.1, and, if such funds 

are depleted, from funds derived by 

withdrawing from the National Flood 

Insurance Fund pursuant to Article V. 

The Company may not refund any 

premium to applicants or policyholders 

in any manner other than as specified 

by FEMA since flood insurance 

premiums are funds of the Federal 

Government. 

F. Suspension and Debarment. 

1. In general. The Company may not 

contract with or employ any person who 

is suspended or debarred from 

participating in federal transactions 

pursuant to 2 CFR part 180 (covering 

federal nonprocurement transactions) or 

48 CFR part 9, subpart 9.4 (covering 

federal procurement transactions) in 

relation to this Arrangement. 

2. Reimbursement. FEMA will not 

reimburse the company for any 

expenses incurred in violation of Article 

IV.F.1. 

3. Compliance. The Company may 

ensure compliance with Article IV.F.1 

by: 

a. Checking the System for Awards 

Management at sam.gov; 

b. Collecting a certification from that 

person; or 

c. Adding a clause or condition to the 

transaction with that person. 

Article V. Undertakings of the 

Government 

A. FEMA must enable the Company to 

withdraw funds from the National Flood 

Insurance Fund daily, if needed, 

pursuant to prescribed procedures 

implemented by FEMA. FEMA will 

increase the amounts of the 

authorizations as necessary to meet the 

obligations of the Company under 

Article IV.C–E. The Company may only 

request funds when net premium 

income has been depleted. The timing 

and amount of cash advances must be 

as close as is administratively feasible to 

the actual disbursements by the 

recipient organization for allowable 

expenses. Request for payment may not 

ordinarily be drawn more frequently 

than daily. The Company may withdraw 

funds from the National Flood 

Insurance Fund for any of the following 

reasons: 

1. Payment of claims, as described in 

Article IV.D; 

2. Refunds to applicants and 

policyholders for insurance premium 

overpayment, or if the application for 

insurance is rejected or when 

cancellation or endorsement of a policy 

results in a premium refund, as 

described in Article IV.E; and 

3. Allocated and unallocated loss 

adjustment expenses, as described in 

Article IV.C. 

B. FEMA must provide technical 

assistance to the Company as follows: 

1. NFIP policy and history. 

2. Clarification of underwriting, 

coverage, and claims handling. 

3. Other assistance as needed. 

C. FEMA must provide the Company 

with a copy of all formal written appeal 

decisions conducted in accordance with 

Section 205 of the Bunning-BereuterBlumenauer Flood Insurance Reform 

Act of 2004, Public Law 108–264 and 44 

CFR 62.20. 

D. Prior to the end of the Arrangement 

period, FEMA may provide the 

Company a statistical summary of their 

performance during the signed 

Arrangement period. This summary will 

detail the Company’s performance 

individually, as well as compare the 

Company’s performance to the aggregate 

performance of all WYO companies and 

the NFIP Direct Servicing Agent. 

Article VI. Cash Management and 

Accounting 

A. FEMA must make available to the 

Company during the entire term of this 

Arrangement the ability to withdraw 

funds from the National Flood 

Insurance Fund provided for in Article 

V. The Company may withdraw funds 

from the National Flood Insurance Fund 

for reimbursement of its expenses as set 

forth in Article V.A that exceed net 

written premiums collected by the 

Company from the effective date of this 

Arrangement or continuation period to 

the date of the draw. In the event that 

adequate funding is not available to 

meet current Company obligations for 

flood policy claim payments issued, 

FEMA must direct the Company to 

immediately suspend the issuance of 

loss payments until such time as 

adequate funds are available. The 

Company is not required to pay claims 

from their own funds in the event of 

such suspension. 

B. The Company must remit all funds, 

including interest, not required to meet 

current expenditures to the United 

States Treasury, in accordance with the 

provisions of the WYO Accounting 

Procedures Manual or procedures 

approved in writing by FEMA. 

C. In the event the Company elects 

not to participate in the Program in this 

or any subsequent fiscal year, or is 

otherwise unable or not permitted to 

participate, the Company and FEMA 

must make a provisional settlement of 

all amounts due or owing within three 

(3) months of the expiration or 

termination of this Arrangement. This 

settlement must include net premiums 

collected, funds withdrawn from the 

National Flood Insurance Fund, and 

reserves for outstanding claims. The 

Company and FEMA agree to make a 

final settlement, subject to audit, of 

accounts for all obligations arising from 

this Arrangement within eighteen (18) 

months of its expiration or termination, 

except for contingent liabilities that 

must be listed by the Company. At the 

time of final settlement, the balance, if 

any, due FEMA or the Company must be 

remitted by the other immediately and 

the operating year under this 

Arrangement must be closed. 

D. Upon FEMA’s request, the 

Company must provide FEMA with a 

true and correct copy of the Company’s 

Fire and Casualty Annual Statement, 

and Insurance Expense Exhibit or 

amendments thereof as filed with the 

State Insurance Authority of the 

Company’s domiciliary State. 


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E. The Company must comply with 

the requirements of the False Claims Act 

(41 U.S.C. 3729–3733), which prohibits 

submission of false or fraudulent claims 

for payment to the Federal Government. 

Article VII. Arbitration 

If any misunderstanding or dispute 

arises between the Company and FEMA 

with reference to any factual issue 

under any provisions of this 

Arrangement or with respect to FEMA’s 

nonrenewal of the Company’s 

participation, other than as to legal 

liability under or interpretation of the 

Standard Flood Insurance Policy, such 

misunderstanding or dispute may be 

submitted to arbitration for a 

determination that will be binding upon 

approval by FEMA. The Company and 

FEMA may agree on and appoint an 

arbitrator who will investigate the 

subject of the misunderstanding or 

dispute and make a determination. If the 

Company and FEMA cannot agree on 

the appointment of an arbitrator, then 

two arbitrators will be appointed, one to 

be chosen by the Company and one by 

FEMA. 

The two arbitrators so chosen, if they 

are unable to reach an agreement, must 

select a third arbitrator who must act as 

umpire, and such umpire’s 

determination will become final only 

upon approval by FEMA. The Company 

and FEMA shall bear in equal shares all 

expenses of the arbitration. Findings, 

proposed awards, and determinations 

resulting from arbitration proceedings 

carried out under this section, upon 

objection by FEMA or the Company, 

shall be inadmissible as evidence in any 

subsequent proceedings in any court of 

competent jurisdiction. 

This Article shall indefinitely succeed 

the term of this Arrangement. 

Article VIII. Errors and Omissions 

A. In the event of negligence by the 

Company that has not resulted in 

litigation but has resulted in a claim 

against the Company, FEMA will not 

consider reimbursement of the 

Company for costs incurred due to that 

negligence unless the Company takes all 

reasonable actions to rectify the 

negligence and to mitigate any such 

costs as soon as possible after discovery 

of the negligence. The Company may 

choose not to seek reimbursement from 

FEMA. 

B. If the Company has made a claim 

payment to an insured without 

including a mortgagee (or trustee) of 

which the Company had actual notice 

prior to making payment, and 

subsequently determines that the 

mortgagee (or trustee) is also entitled to 

any part of said claim payment, any 

additional payment may not be paid by 

the Company from any portion of the 

premium and any funds derived from 

any Federal funds deposited in the bank 

account described in Article III.E.1. In 

addition, the Company agrees to hold 

the Federal Government harmless 

against any claim asserted against the 

Federal Government by any such 

mortgagee (or trustee), as described in 

the preceding sentence, by reason of any 

claim payment made to any insured 

under the circumstances described 

above. 

Article IX. Officials Not To Benefit 

No Member or Delegate to Congress, 

or Resident Commissioner, may be 

admitted to any share or part of this 

Arrangement, or to any benefit that may 

arise therefrom; but this provision may 

not be construed to extend to this 

Arrangement if made with a corporation 

for its general benefit. 

Article X. Offset 

At the settlement of accounts, the 

Company and FEMA have, and may 

exercise, the right to offset any balance 

or balances, whether on account of 

premiums, commissions, losses, loss 

adjustment expenses, salvage, or 

otherwise due one party to the other, its 

successors or assigns, hereunder or 

under any other Arrangements 

heretofore or hereafter entered into 

between the Company and FEMA. This 

right of offset shall not be affected or 

diminished because of insolvency of the 

Company. 

All debts or credits of the same class, 

whether liquidated or unliquidated, in 

favor of or against either party to this 

Arrangement on the date of entry, or any 

order of conservation, receivership, or 

liquidation, shall be deemed to be 

mutual debts and credits and shall be 

offset with the balance only to be 

allowed or paid. No offset shall be 

allowed where a conservator, receiver, 

or liquidator has been appointed and 

where an obligation was purchased by 

or transferred to a party hereunder to be 

used as an offset. 

Although a claim on the part of either 

party against the other may be 

unliquidated or undetermined in 

amount on the date of the entry of the 

order, such claim will be regarded as 

being in existence as of the date of such 

order and any credits or claims of the 

same class then in existence and held by 

the other party may be offset against it. 

Article XI. Equal Opportunity 

A. Age Discrimination Act of 1975. 

The Company must comply with the 

requirements of the Age Discrimination 

Act of 1975, Public Law 94–135 (42 

U.S.C. 6101 et seq.) which prohibits 

discrimination on the basis of age in any 

program or activity receiving federal 

financial assistance. 

B. Americans with Disabilities Act. 

The Company must comply with the 

requirements of Titles I, II, and III of the 

Americans with Disabilities Act, Public 

Law 101–336 (42 U.S.C. 12101–12213), 

which prohibits recipients from 

discriminating on the basis of disability 

in the operation of public entities, 

public and private transportation 

systems, places of public 

accommodation, and certain testing 

entities. 

C. Civil Rights Act of 1964—Title VI. 

The Company must comply with the 

requirements of Title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d et 

seq.), which provides that no person in 

the United States will, on the grounds 

of race, color, or national origin, be 

excluded from participation in, be 

denied the benefits of, or be subjected 

to discrimination under any program or 

activity receiving federal financial 

assistance. Department of Homeland 

Security implementing regulations for 

the Act are found at 6 CFR part 21 and 

44 CFR part 7. 

D. Civil Rights Act of 1968. The 

Company must comply with Title VIII of 

the Civil Rights Act of 1968, which 

prohibits recipients from discriminating 

in the sale, rental, financing, and 

advertising of dwellings, or in the 

provision of services in connection 

therewith, on the basis of race, color, 

national origin, religion, disability, 

familial status, and sex as implemented 

by the U.S. Department of Housing and 

Urban Development at 24 CFR part 100. 

E. Rehabilitation Act of 1973. The 

Company must comply with the 

requirements of Section 504 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

794), which provides that no otherwise 

qualified handicapped individuals in 

the United States will, solely by reason 

of the handicap, be excluded from 

participation in, be denied the benefits 

of, or be subjected to discrimination 

under any program or activity receiving 

federal financial assistance. 

Article XII. Access to Books and 

Records 

A. Audits. FEMA, the Department of 

Homeland Security, and the 

Comptroller General of the United 

States, or their duly authorized 

representatives, for the purpose of 

investigation, audit, and examination 

shall have access to any books, 

documents, papers and records of the 

Company that are pertinent to this 

Arrangement. The Company shall keep 

records that fully disclose all matters 


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pertinent to this Arrangement, including 

premiums and claims paid or payable 

under policies issued pursuant to this 

Arrangement. Records of accounts and 

records relating to financial assistance 

shall be retained and available for three 

(3) years after final settlement of 

accounts, and to financial assistance, 

three (3) years after final adjustment of 

such claims. FEMA shall have access to 

policyholder and claim records at all 

times for purposes of the review, 

defense, examination, adjustment, or 

investigation of any claim under a flood 

insurance policy subject to this 

Arrangement. 

B. Nondisclosure by FEMA. FEMA, to 

the extent permitted by law and 

regulation, will safeguard and treat 

information submitted or made 

available by the Company pursuant to 

this Arrangement as confidential where 

the information has been marked 

‘‘confidential’’ by the Company and the 

Company customarily keeps such 

information private or closely-held. To 

the extent permitted by law and 

regulation, FEMA will not release such 

information to the public pursuant to a 

Freedom of Information Act (FOIA) 

request, 5 U.S.C. 552, without prior 

notification to the Company. FEMA may 

transfer documents provided by the 

Company to any department or agency 

within the Executive Branch or to either 

house of Congress if the information 

relates to matters within the 

organization’s jurisdiction. FEMA may 

also release the information submitted 

pursuant to a judicial order from a court 

of competent jurisdiction. 

C. Nondisclosure by Company. 

1. In general. The Company, to the 

extent permitted by law, must safeguard 

and treat information submitted or made 

available by FEMA pursuant to this 

Arrangement as confidential where the 

information has been marked or 

identified as ‘‘confidential’’ by FEMA 

and FEMA customarily keeps such 

information private or closely-held. The 

Company may not disclose such 

confidential information to a third-party 

without the express written consent of 

FEMA or as otherwise required by law. 

2. Other protections. Article XII.C.1 

shall not be construed as to limit the 

effect of any other requirement on the 

Company to protect information from 

disclosure, including a joint defense 

agreement or under the Privacy Act. 

Article XIII. Compliance With Act and 

Regulations 

This Arrangement and all policies of 

insurance issued pursuant thereto are 

subject to Federal law and regulations. 

Article XIV. Relationship Between the 

Parties and the Insured 

Inasmuch as the Federal Government 

is a guarantor hereunder, the primary 

relationship between the Company and 

the Federal Government is one of a 

fiduciary nature, that is, to ensure 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. 2022–05956 Filed 3–21–22; 8:45 am] 

BILLING CODE 9111–52–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–HQ–IA–2022–0008; 

FXIA16710900000—223–FF09A30000] 

Foreign Endangered Species; Receipt 

of Permit Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of permit 

applications; request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on applications to conduct 

certain activities with foreign species 

that are listed as endangered under the 

Endangered Species Act (ESA). With 

some exceptions, the ESA prohibits 

activities with listed species unless 

Federal authorization is issued that 

allows such activities. The ESA also 

requires that we invite public comment 

before issuing permits for any activity 

otherwise prohibited by the ESA with 

respect to any endangered species. 

DATES: We must receive comments by 

April 21, 2022. 

ADDRESSES: Obtaining Documents: The 

applications, application supporting 

materials, and any comments and other 

materials that we receive will be 

available for public inspection at 

https://www.regulations.gov in Docket 

No. FWS–HQ–IA–2022–0008. 

Submitting Comments: When 

submitting comments, please specify the 

name of the applicant and the permit 

number at the beginning of your 

comment. You may submit comments 

by one of the following methods: 

• Internet: https://

www.regulations.gov. Search for and 

submit comments on Docket No. FWS– 

HQ–IA–2022–0008. 

• U.S. mail: Public Comments 

Processing, Attn: Docket No. FWS–HQ– 

IA–2022–0008; U.S. Fish and Wildlife 

Service Headquarters, MS: PRB/3W; 

5275 Leesburg Pike; Falls Church, VA 

22041–3803. 

For more information, see Public 

Comment Procedures under 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Tapia, by phone at 703–358– 

2185, via email at DMAFR@fws.gov, or 

via the Federal Relay Service at 800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

A. How do I comment on submitted 

applications? 

We invite the public and local, State, 

Tribal, and Federal agencies to comment 

on these applications. Before issuing 

any of the requested permits, we will 

take into consideration any information 

that we receive during the public 

comment period. 

You may submit your comments and 

materials by one of the methods in 

ADDRESSES. We will not consider 

comments sent by email or fax, or to an 

address not in ADDRESSES. We will not 

consider or include in our 

administrative record comments we 

receive after the close of the comment 

period (see DATES). 

When submitting comments, please 

specify the name of the applicant and 

the permit number at the beginning of 

your comment. Provide sufficient 

information to allow us to authenticate 

any scientific or commercial data you 

include. The comments and 

recommendations that will be most 

useful and likely to influence agency 

decisions are: (1) Those supported by 

quantitative information or studies; and 

(2) those that include citations to, and 

analyses of, the applicable laws and 

regulations. 

B. May I review comments submitted by 

others? 

You may view and comment on 

others’ public comments at https://

www.regulations.gov, unless our 

allowing so would violate the Privacy 

Act (5 U.S.C. 552a) or Freedom of 

Information Act (5 U.S.C. 552). 


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