46028 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

National Flood Insurance Program 

(NFIP); Assistance to Private Sector 

Property Insurers, Availability of 

FY2008 and FY2009 Arrangements 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: Each year the Federal 

Emergency Management Agency 

(FEMA) is required by the Write-YourOwn (WYO) program Financial 

Assistance/Subsidy Arrangement 

(Arrangement) to notify the private 

insurance companies (Companies) and 

to make available to the Companies the 

terms for subscription or re-subscription 

to the Arrangement. In keeping with 

that requirement, this notice provides 

the terms to the Companies to subscribe 

or re-subscribe to the Arrangement. 

FOR FURTHER INFORMATION CONTACT: 

Edward L. Connor, FEMA, 500 C Street, 

SW., Washington, DC 20472, 202–646–

3429 (phone), 202–646–3445 (facsimile), 

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

SUPPLEMENTARY INFORMATION: Under the 

Write-Your-Own (WYO) program 

Financial Assistance/Subsidy 

Arrangement (Arrangement), 

approximately 90 private sector 

property insurers issue flood insurance 

policies and adjust flood insurance 

claims under their own names based on 

an Arrangement with the Federal 

Insurance Administration (FIA) 

published at 44 CFR part 62, appendix 

A. The WYO insurers receive an 

expense allowance and remit the 

remaining premium to the Federal 

Government. The Federal Government 

also pays WYO insurers for flood losses 

and pays loss adjustment expenses 

based on a fee schedule. In addition, 

under certain circumstances 

reimbursement for litigation costs, 

including court costs, attorney fees, 

judgments, and settlements, are paid by 

FIA based on documentation submitted 

by the WYO insurers. The complete 

Arrangement is published in 44 CFR 

Part 62, appendix A. Each year FEMA 

is required to publish in the Federal 

Register and make available to the 

Companies the terms for subscription or 

re-subscription to the Arrangement. 

FEMA published a notice at 72 FR 

41770, on July 31, 2007, that during 

September 2007, FEMA would send a 

copy of the offer for the FY2008 

Arrangement, together with related 

materials and submission instructions, 

to all private insurance companies 

participating under the current FY2007 

Arrangement. 

The FY2007 Arrangement was 

extended by FEMA into FY2008 

pending publication of an Interim Rule 

and the release of new Schedules. The 

Interim Rule published April 3, 2008 

(73 FR 18182), and the revised 

Schedules were finalized June 1, 2008. 

The Interim Rule implemented 

changes to the Arrangement as follows: 

1. Changes made address the WYO 

Companies’ cooperation in helping 

ensure that agents writing flood 

insurance under the National Flood 

Insurance Program (NFIP) avail 

themselves of the training opportunities 

needed to meet the minimum NFIP 

training requirements called for in 

section 207 of the Bunning-BereuterBlumenauer Flood Insurance Reform 

Act of 2004, Public Law 108–264, 118 

Stat. 727 (42 U.S.C. 4011 note). 

2. In certain heavy loss years, the 

potential exists for the NFIP to exhaust 

its authority to borrow funds from the 

Treasury to pay claims. In such an 

event, there may be a period of time 

during which no funds are available in 

the Treasury until the Congress takes 

action to either increase the program’s 

borrowing authority, or appropriate 

funds to relieve the debt. The Interim 

Rule revised 44 CFR part 62, appendix 

A, Article VII, section A. to provide that 

in such circumstances, the Federal 

Insurance Administrator will suspend 

the NFIP’s payment of claims until 

funds are again available in the 

Treasury, and that the WYO Companies 

are not required to pay claims from their 

own funds in the event of such a 

suspension. 

3. FEMA revised 44 CFR part 62, 

appendix A, Article III, section C.1. of 

the Arrangement which deals with the 

Unallocated Loss Adjustment Expense 

(ULAE) for which WYO Companies 

receive reimbursement under the 

Arrangement. The ULAE rate used to be 

an expense reimbursement of 3.3 

percent of the incurred loss (except that 

it did not include ‘‘incurred but not 

reported’’). The IR removed the ULAE 

compensation percentage from the 

Arrangement. Instead, the percentage is 

now communicated by FEMA to the 

WYO Companies through an ULAE 

Schedule. 

The only changes to the FY2008 

Arrangement were those that were 

implemented in the April 3, 2008 

Interim Rule. No changes are planned 

for the FY2009 Arrangement. 

During August 2008, FEMA will send 

a copy of the offer for the FY2009 

Arrangement, together with related 

materials and submission instructions, 

to all private insurance companies 

participating under the current FY2008 

Arrangement. Any private insurance 

company not currently participating in 

the WYO Program but wishing to 

consider FEMA’s offer for either FY2008 

or FY2009 may request a copy by 

writing: Federal Emergency 

Management Agency, Mitigation 

Division, Attn: WYO Program, 500 C 

Street, SW., Washington, DC 20472, or 

contact Edward Connor at 202–646–

3445 (Facsimile), or 

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

Dated: August 1, 2008. 

Michael Buckley. 

Deputy Assistant Administrator, National 

Flood Insurance Program, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. E8–18242 Filed 8–6–08; 8:45 am] 

BILLING CODE 9110–11–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Form G–28, and Form G–28I, 

Emergency Submission to the Office of 

Management and Budget (OMB); 

Comment Request 

ACTION: 30-Day Notice of Information 

Collection Under Review: Form G–28, 

Notice of Entry of Appearance as 

Attorney or Accredited Representative, 

and Form G–28I, Notice of Entry of 

Appearance of Foreign Attorney. 

The data collected on Forms G–28 

and G–28I is used by the Department of 

Homeland Security (DHS) to determine 

eligibility of the individual to appear as 

a representative. Form G–28 is used by 

attorneys admitted to practice in the 

United States and accredited 

representatives of charitable 

organizations recognized by the Board 

of Immigration Appeals. Form G–28I 

will be used by attorneys admitted to 

the practice of law in countries other 

than the United States, and only with 

matters filed in DHS offices outside the 

geographical confines of the United 

States. 

The Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services (USCIS), has 

submitted the following emergency 

information collection, utilizing 

emergency review procedures, to the 

Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

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


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 46029 

44 U.S.C. 35). The purpose of this notice 

is to allow 30 days for public comments. 

Comments are encouraged and will be 

accepted for thirty days until September 

8, 2008. This process is conducted in 

accordance with 5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the item(s) contained in this 

notice, especially regarding the 

estimated public burden and associated 

response time, should be directed to the 

Department of Homeland Security 

(DHS), and to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB), USCIS 

Desk Officer. Comments may be 

submitted to: USCIS, Chief, Regulatory 

Management Division, Clearance Office, 

111 Massachusetts Avenue, Suite 3008, 

Washington, DC 20529. Comments may 

also be submitted to DHS via facsimile 

to 202–272–8352 or via e-mail at 

rfs.regs@dhs.gov, and to the OMB USCIS 

Desk Officer via facsimile at 202–395–

6974 or via e-mail at 

oira_submission@omb.eop.gov. 

When submitting comments by e-mail 

please make sure to add Form G–28 in 

the subject box. Written comments and 

suggestions from the public and affected 

agencies should address one or more of 

the following four points: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

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 

collection of information on those who 

are to respond, including through 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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Emergency request for OMB approval. 

(2) Title of the Form/Collection: 

Notice of Entry of Appearance as 

Attorney or Accredited Representative, 

and Notice of Entry of Appearance of 

Foreign Attorney. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Homeland Security 

sponsoring the collection: Form G–28, 

and Form G–28I. U.S. Citizenship and 

Immigration Services. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. The data collected on 

Forms G–28 and G–28I are used by DHS 

to determine eligibility of the individual 

to appear as a representative. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: 2,479,000 responses at 20 

minutes (.333) per response. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: 825,507 annual burden 

hours. 

If you have additional comments, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions, or 

additional information, please visit the 

USCIS Web site at: http:// 

www.regulations.gov/search/index.jsp. 

If additional information is required 

contact: USCIS, Regulatory Management 

Division, 111 Massachusetts Avenue, 

Suite 3008, Washington, DC 20529, 

(202) 272–8377. 

Dated: August 4, 2008. 

Stephen Tarragon, 

Management Analyst, Regulatory 

Management Division, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

[FR Doc. E8–18176 Filed 8–6–08; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Customs and Border Protection 

[CBP Dec. 08–30] 

Container Seals on Maritime Cargo 

AGENCY: U.S. Customs and Border 

Protection, Homeland Security. 

ACTION: General notice. 

SUMMARY: This document brings 

attention to the existing statutory 

requirement by which all maritime 

containers in transit to the United States 

are required to be sealed with a seal 

meeting the ISO/PAS 17712 standard 

and specifies the date on which the 

requirement shall take effect. 

EFFECTIVE DATE: October 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Leslie Fleming Luczkowski, Cargo and 

Conveyance Security, Office of Field 

Operations, (202) 344–1927. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to 6 U.S.C. 944, as amended 

by Section 1701 of Title XVII 

(‘‘Maritime Cargo’’) of the Implementing 

Recommendations of the 911 

Commission Act of 2007 (911 Act), the 

Secretary of Homeland Security is 

authorized to establish by regulation 

minimum standards and procedures for 

securing containers in transit to the 

United States. The 911 Act provides that 

if the Department of Homeland Security 

(DHS) does not issue an interim final 

rule for establishing such minimum 

standards and procedures by April 1, 

2008, effective no later than October 15, 

2008, all containers in transit to the 

United States shall be required to be 

sealed with a seal meeting the 

International Organization for 

Standardization Publicly Available 

Specification 17712 (ISO/PAS 17712) 

standard for sealing containers. As DHS 

has not issued regulations establishing 

minimum standards and procedures for 

securing such containers at this time, 

pursuant to 6 U.S.C. 944, all maritime 

containers in transit to the U.S. by 

vessel shall be required to be sealed 

with a seal meeting the ISO/PAS 17712 

standard for sealing containers no later 

than October 15, 2008. 

As 6 U.S.C. 944 imposes a selfexecuting legal requirement, DHS is not 

required to issue regulations for this 

requirement to be implemented. This 

document does not impose additional 

requirements beyond those found in 6 

U.S.C. 944. This document simply 

serves to bring attention to the existing 

statutory requirement that all maritime 

containers in transit to the United States 

by vessel are required to be sealed with 

a seal meeting the ISO/PAS 17712 

standard and specifies the date on 

which the requirement takes effect. 

The ISO/PAS 17712 Standard 

Generally, ISO/PAS 17712 requires 

that container freight seals meet or 

exceed certain standards for strength 

and durability so as to prevent 

accidental breakage, early deterioration 

(due to weather conditions, chemical 

action, etc.) or undetectable tampering 

under normal usage. ISO/PAS 17712 

also requires that each seal be clearly 

and legibly marked with a unique 

identification number. 

Copies of ISO/PAS 17712 may be 

purchased from the International 

Organization for Standardization, 1, rue 

de Varembe ́, CH–1211 Geneva 20, 

Switzerland or the American National 

Standards Institute, 25 West 43rd Street, 

New York, NY 10036. 


sroberts on PROD1PC70 with NOTICES