Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 52117 

comment period. This notice allows for 

an additional 30 days for public 

comments. This process is conducted in 

accordance with 5 CFR 1320.10. 

DATES: Written comments should be 

received on or before October 3, 2005. 

ADDRESSES: Written comments and/or 

suggestions regarding the items 

contained in this notice, especially the 

estimated public burden and associated 

response time, should be directed to the 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, Attention: Department of 

Homeland Security Desk Officer, 

Washington, DC 20503. Additionally 

comments may be submitted to OMB via 

facsimile to (202) 395–6974. 

SUPPLEMENTARY INFORMATION: The 

Bureau of Customs and Border 

Protection (CBP) encourages the general 

public and affected Federal agencies to 

submit written comments and 

suggestions on proposed and/or 

continuing information collection 

requests pursuant to the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13). 

Your comments should address one of 

the following four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency/component, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of the 

agencies/components estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collections of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Title: Petition for Remission or 

Mitigation of Forfeitures and Penalties. 

OMB Number: 1651–0100. 

Form Number: CBP Form 4609. 

Abstract: Persons whose property is 

seized or who incur monetary penalties 

due to violations of the Tariff Act are 

entitled to seek remission or mitigation 

by means of an informal appeal. This 

form gives the violator the opportunity 

to claim mitigation and provides a 

record of such. 

Current Actions: There are no changes 

to the information collection. This 

submission is being submitted to extend 

the expiration date. 

Type of Review: Extension (without 

change). 

Affected Public: Business or other forprofit institutions. 

Estimated Number of Respondents: 

28,000. 

Estimated Time Per Respondent: 14 

minutes. 

Estimated Total Annual Burden 

Hours: 6,500. 

Estimated Annualized Cost to the 

Public: $157,300. 

If additional information is required 

contact: Tracey Denning, Bureau of 

Customs and Border Protection, 1300 

Pennsylvania Avenue NW., Room 3.2.C, 

Washington, DC 20229, at 202–344–

1429. 

Dated: August 24, 2005. 

Tracey Denning, 

Agency Clearance Officer, Information 

Services Branch. 

[FR Doc. 05–17446 Filed 8–31–05; 8:45 am] 

BILLING CODE 9110–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

RIN 1660–ZA06 

Flood Insurance Training and 

Education Requirements for Insurance 

Agents 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Notice. 

SUMMARY: FEMA is publishing 

minimum training and education 

requirements, as required by section 207 

of the Flood Insurance Reform Act of 

2004, for all insurance agents who sell 

Standard Flood Insurance Policies 

issued through the National Flood 

Insurance Program (NFIP). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward L. Connor, Federal Emergency 

Management Agency, Mitigation 

Division, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3429 

(phone), (202) 646–2849 (facsimile), or 

Edward.Connor@dhs.gov (e-mail). 

SUPPLEMENTARY INFORMATION: On June 

30, 2004 the President signed the 

Bunning-Bereuter-Blumenauer Flood 

Insurance Reform Act of 2004 (Flood 

Insurance Reform Act of 2004), Pub. L. 

108–264. Section 207 of the Flood 

Insurance Reform Act of 2004 states: 

The Director of the Federal Emergency 

Management Agency shall, in cooperation 

with the insurance industry, State insurance 

regulators, and other interested parties—

(1) Establish minimum training and 

education requirements for all insurance 

agents who sell flood insurance policies, and 

(2) Not later than 6 months after the date 

of enactment of this Act, publish these 

requirements in the Federal Register, and 

inform insurance companies and agents of 

the requirements. 

This notice describes FEMA’s 

implementation of section 207 of the 

Flood Insurance Reform Act of 2004. As 

required by the Act, FEMA has 

coordinated with the State insurance 

regulators, the insurance industry, and 

other interested parties. Input received 

from these organizations emphasizes the 

value of working through the State 

insurance departments to avoid 

establishing conflicting or burdensome 

training requirements upon insurance 

agents. While implementing the 

minimum training requirements 

required by section 207, FEMA has been 

mindful of the Senate Report language, 

(S. REP. NO. 108–262, at 4 & 9 (2004)), 

which cautions: 

In some cases, states may already have 

requirements to ensure that agents are wellversed in the flood insurance program. 

Where possible, FEMA should work to make 

sure that agents are not burdened with 

inconsistent state and federal training and 

education requirements. In addition, where 

possible, FEMA should work to implement 

the training requirements through the states, 

which already have continuing education 

processes in place. 

Under 15 U.S.C. 1011 et seq., 

commonly referred to as the ‘‘McCarranFerguson Act’’, section 6701, States 

have the authority to establish 

qualification standards by which 

insurance agents are licensed to do 

business and to determine the 

continuing education requirements for 

maintaining such licenses in the 

particular jurisdiction. However, the 

McCarran-Ferguson Act specifically 

excludes from State regulation an 

insurance program carried out by the 

Federal Government, including the 

NFIP, and FEMA lawfully may establish 

specific standards to sell flood 

insurance under the NFIP. Rather than 

establish separate, and, perhaps 

duplicative requirements, FEMA has 

chosen to work with States to ensure 

that NFIP requirements are 

implemented through established 

(existing) licensing schemes. For 

example, several States already include 

questions about flood insurance on their 

agent licensing examinations, and some 

also award continuing education credits 

for agents who complete flood insurance 

training. It is our intent to encourage 

States to implement minimum training 

in NFIP flood insurance as part of their 

general licensing standards and to assist 

52118 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 

States in improving their training and 

testing of agents on flood insurance 

matters as appropriate. 

FEMA is committed to actively 

supporting the States in implementing 

their flood insurance training programs 

for insurance agents and will, in support 

of that commitment, provide: expertise 

regarding the content of a flood 

insurance training program that would 

enable insurance agents to have a basic 

understanding of the NFIP; access to 

NFIP training modules, including online 

modules; and, NFIP materials and other 

technical assistance as may be needed to 

address unique requirements. Further, 

as FEMA establishes policy or 

procedural changes or enhancements 

that should be reflected in Stateapproved flood insurance training 

programs, these will be provided by 

FEMA to the State insurance 

departments. 

FEMA will work with State insurance 

departments that do not already have 

established flood insurance training 

programs for insurance agents to 

implement the guidance provided by 

the National Conference of Insurance 

Legislators (NCOIL). The ‘‘State Flood 

Disaster Mitigation and Relief Model 

Act’’ adopted by the NCOIL Executive 

Committee on November 21, 2003, 

includes the following text that States 

will find useful when adopting their 

flood insurance requirements: 

Part IV. Miscellaneous Provisions Regarding 

Participation 

Sec. 1. Insurance Producer Qualification; 

Continuing Education 

The [State entity for regulating insurance] 

shall require: 

1. Pre-licensing requirement. The [State 

entity for regulating insurance] shall require 

all resident insurance producer applicants to 

demonstrate satisfactory knowledge and 

understanding of flood insurance and the 

National Flood Insurance Program, as 

determined by the [State entity for regulating 

insurance] in order to qualify for licensure. 

2. One-time continuing education 

requirement for existing licensees. The [State 

entity for regulating insurance] shall require 

resident insurance producers licensed on [the 

bill’s effective date] to complete a continuing 

education course related to flood insurance 

and the National Flood Insurance Program 

before [a date certain at least two years from 

the bill’s effective date]. The course shall be 

three hours in length and shall be approved 

by the [State entity for regulating insurance]. 

Completion of the course will provide the 

licensee with three hours of continuing 

education credit. 

Incentives for Trained Agents 

FEMA offers various incentives to 

encourage insurance agents to pursue 

flood insurance training. The NFIP’s 

Agent Co-op Program provides agents, 

Write Your Own (WYO) companies, and 

insurance associations with the 

advertising tools they need to produce 

local and regional advertising that 

supports the national NFIP campaign. 

Insurance agents who participate in the 

program are reimbursed a portion of 

their advertising budget when they use 

the program’s pre-approved ad 

templates. An additional 25 percent in 

co-op funds are offered to agents who 

complete a State-approved continuing 

education course on flood insurance 

within the past 12 months. Details are 

provided at http://www.FloodSmart.gov. 

Additionally, agents who sign up for 

the NFIP’s Agent Leads Referral 

program receive free leads generated 

through the NFIP marketing efforts. 

Plans are being developed to enable 

agents who have completed flood 

insurance training to be given a special 

designation or priority in the 

distribution of leads. 

Flood Insurance Course Content 

The following material outlines the 

standard content that States should 

include when establishing or updating 

their flood insurance training 

requirements. This outline reflects input 

gathered by FEMA from the following: 

State insurance regulators; insurance 

companies that sell flood insurance 

under the NFIP’s WYO Program; the 

Independent Insurance Agents and 

Brokers of America; the National 

Association of Professional Insurance 

Agents; and the Coalition of Exclusive 

Agent Associations. This training course 

content, if effectively delivered, would 

enable insurance agents to gain a basic 

understanding of the NFIP, so that they 

could share this information with their 

customers. Additional training should 

be taken by insurance agents on a 

regular basis to gain understanding of 

more advanced flood insurance topics. 

Basic Flood Insurance Course Outline 

Section I—Introduction 

• NFIP Background 

• Community Participation 

• Emergency Program Defined 

• Regular Program Defined 

• Community Rating System 

• Eligible/Ineligible Buildings 

• Coastal Barrier Resources System 

and Other Protected Areas 

• Who Needs Flood Insurance? 

Æ Mandatory Purchase of Flood 

Insurance in High Flood Risk Zones 

Æ Recommended in Moderate and 

Low Flood Risk Zones 

• Why Flood Insurance is Better than 

Disaster Assistance 

Section II—Flood Maps and Zone 

Determinations 

• Flood Hazard Boundary Map 

(FHBM) 

• Flood Insurance Rate Map (FIRM) 

Æ Pre-FIRM/Post-FIRM Defined 

Æ Special Flood Hazard Area Defined 

• Base Flood Elevation 

• Zone Determination 

Section III—Policies and Products 

Available 

• Dwelling Policy—Types of 

Buildings Covered 

• General Property Policy—Types of 

Buildings Covered 

• Residential Condominium Building 

Association (RCBAP) Policy—Types of 

Buildings Covered 

• Preferred Risk Policy—Types of 

Buildings Covered 

• Definitions: 

Æ Flood 

Æ Basement/Enclosure 

Æ Elevated Buildings 

• Damages Not Covered 

Æ Single Peril Policy 

Æ Mudslides vs. Mudflow 

• Property Covered 

Æ Basements 

Æ Appurtenant Structure 

Æ Loss Avoidance Measures 

Æ Debris Removal 

Æ Improvements and Betterments 

• Property Not Covered 

Æ Decks 

Æ Finished Items in Basements 

Æ In Enclosures 

Æ Additional Living Expenses 

• Increased Cost of Compliance 

Coverage 

Section IV—General Rules 

• Statutory Coverage Limits 

• Deductibles 

Æ Standard Deductibles 

Æ Applies Separately for Building and 

Contents 

• Property Value Determination for 

Selecting Coverage Amount 

• Loss Settlement 

Æ Actual Cash Value (ACV) 

Æ Replacement Cost Value (RCV) 

Æ Co-insurance Penalty in RCBAP 

• Reduction and Reformation of 

Coverage 

• No Binders 

• One Building per Policy—No 

Blanket Coverage 

• Building and Contents Coverage 

Purchased Separately 

• Waiting Period/Effective Date of 

Policy 

• Policy Term 

• Cancellations 

Section V—Rating 

• Types of Buildings 

Æ Elevated Buildings 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 52119 

Æ Buildings with Basements 

• When to Use an Elevation 

Certificate 

• Grandfathering 

Section VI—Claims Handling Process 

• Helping Your Client to File a Claim 

• Appeals Process 

• Claims Handbook 

Section VII—Requirements of the Flood 

Insurance Reform Act of 2004 

• Point of Sale and Renewal 

Responsibilities 

Æ Notification of Coverages Being 

Purchased 

Æ Policy Exclusions that Apply 

Æ Explanation Regarding How Losses 

Will be Adjusted (ACV vs. RCV) 

Æ Number and Dollar Amount of 

Claims for Property 

Æ Acknowledgement Forms 

Section VIII—Agent Resources 

• Write Your Own Company 

• FEMA Web sites: 

Æ http://www.fema.gov/nfip 

Æ http://www.floodsmart.gov 

Æ http://training.nfipstat.com 

• Flood Insurance Manual 

Dated: August 25, 2005. 

Michael D. Brown, 

Under Secretary, Emergency Preparedness 

and Response, Department of Homeland 

Security. 

[FR Doc. 05–17444 Filed 8–31–05; 8:45 am] 

BILLING CODE 9110–11–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

Aviation Security Advisory Committee 

Meeting 

AGENCY: Transportation Security 

Administration (TSA), DHS. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a 

public meeting of the Aviation Security 

Advisory Committee (ASAC). 

DATES: The meeting will take place on 

September 22, 2005, from 9 a.m. to 1 

p.m. 

ADDRESSES: The meeting will be held at 

Residence Inn by Marriott Pentagon 

City, 550 Army Navy Drive, Arlington 

VA 22202. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Corrao, Office of Transportation 

Security Policy (TSA–9), Transportation 

Security Administration, 601 South 

12th Street, Arlington, VA 22202; 

telephone 571–227–2980, e-mail 

joseph.corrao@dhs.gov. 

SUPPLEMENTARY INFORMATION: This 

meeting is announced pursuant to 

section 10(a)(2) of the Federal Advisory 

Committee Act, as amended (5 U.S.C. 

App.). The agenda for the meeting will 

include—

• Status reports on the actions of the 

Airport Security Design Guidelines 

Working Group, the Aviation Security 

Impact Assessment Working Group, and 

the Freight Assessment System Working 

Group; 

• The final report and 

recommendations of the Secure Flight 

Privacy/IT Working Group; and 

• Other aviation security topics. 

This meeting is open to the public but 

attendance is limited to space available. 

Members of the public must make 

advanced arrangements to present oral 

statements at the open ASAC meeting. 

Written statements may be presented to 

the committee by providing copies of 

them to the person listed under the 

heading FOR FURTHER INFORMATION

CONTACT prior to or at the meeting. 

Anyone in need of assistance or a 

reasonable accommodation for the 

meeting should contact the person listed 

under the heading FOR FURTHER

INFORMATION CONTACT. In addition, sign 

and oral interpretation, as well as a 

listening device, can be made available 

at the meeting if requested 10 calendar 

days before the meeting. Arrangements 

may be made by contacting the person 

listed under the heading FOR FURTHER

INFORMATION CONTACT. 

Issued in Arlington, Virginia, on August 

25, 2005. 

Joseph Corrao, 

Designated Federal Official. 

[FR Doc. 05–17393 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Endangered Species Recovery Permit 

Application 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of a permit 

application. 

SUMMARY: The following applicant has 

applied for a scientific research permit 

to conduct certain activities with 

endangered species pursuant to section 

10(a)(1)(A) of the Endangered Species 

Act (16 U.S.C. 1531 et seq.). The U.S. 

Fish and Wildlife Service (‘‘we’’) solicits 

review and comment from local, State, 

and Federal agencies, and the public on 

the following permit request. 

DATES: Comments on this permit 

application must be received on or 

before October 3, 2005. 

ADDRESSES: Written data or comments 

should be submitted to the U.S. Fish 

and Wildlife Service, Chief, Endangered 

Species, Ecological Services, 911 NE. 

11th Avenue, Portland, Oregon 97232–

4181 (telephone: 503–231–2063; fax: 

503–231–6243). Please refer to the 

permit number for the application when 

submitting comments. All comments 

received, including names and 

addresses, will become part of the 

official administrative record and may 

be made available to the public. 

FOR FURTHER INFORMATION CONTACT: 

Documents and other information 

submitted with this application are 

available for review, subject to the 

requirements of the Privacy Act and 

Freedom of Information Act, by any 

party who submits a written request for 

a copy of such documents to the address 

above. Please refer to the permit number 

for the application when requesting 

copies of documents. 

SUPPLEMENTARY INFORMATION: 

Permit No. TE–108507 

Applicant: Manager, California/ 

Nevada Operations Office, U.S. Fish and 

Wildlife Service, Sacramento, 

California. 

The applicant requests a permit to 

take the following species: the shorttailed albatross (Phoebastria 

(=Diomedea) albatrus), Mount Hermon 

June beetle (Polyphylla barbata), 

Behren’s silverspot butterfly (Speyeria 

zerene behrensii), callippe silverspot 

butterfly (Speyeria callippe callippe), El 

Segundo blue butterfly (Euphilotes 

battoides allyni), Lange’s metalmark 

butterfly (Apodemia mormo langei), 

lotis blue butterfly (Lycaeides 

argyrognomon lotis), mission blue 

butterfly (Icaricia icarioides 

missionensis), Myrtle’s silverspot 

butterfly (Speyeria zerene myrtleae), 

Palos Verdes blue butterfly 

(Glaucopsyche lygdamus 

palosverdesensis), Quino checkerspot 

butterfly (Euphydryas editha quino), 

San Bruno elfin butterfly (Callophrys 

mossii bayensis), Smith’s blue butterfly 

(Euphilotes enoptes smithi), bonytail 

chub (Gila elegans), Mohave tui chub 

(Gila bicolor mohavensis), Owens tui 

chub (Gila bicolor snyderi), Pahranagat 

roundtail chub (Gila robusta jordani), 

Cui-ui (Chasmistes cujus), Ash 

Meadows speckled dace (Rhinichthys 

osculus nevadensis), Clover Valley dace 

speckled (Rhinichthys osculus 

oligoporus), Independence Valley 

speckled dace (Rhinichthys osculus 

lethoporus), Moapa dace (Moapa 

coriacea), California condor 

(Gymnogyps californianus), Shasta 

crayfish (Pacifastacus fortis),