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Federal Register / Vol. 86, No. 226 / Monday, November 29, 2021 / Rules and Regulations the Federal government associated with this rule.

of the Unfunded Mandates Reform Act of 1995.

Conclusion FEMA estimates this final rule will result in total costs to WYO companies of $5,438 in the first year. There are no impacts to the Federal government associated with this rule. FEMA
believes this change may have little to no effect on companies choice to use a rating service, but the rule may result in distributional impacts as some WYOs may switch from AM Best to a different rating company.

E. Paperwork Reduction Act of 1995
As required by the Paperwork Reduction Act of 1995 PRA, Public Law 10413, 109 Stat. 163, May 22, 1995 44 U.S.C. 3501 et seq., FEMA
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless FEMA
obtains approval from the Office of Management and Budget OMB for the collection and the collection displays a valid OMB control number. FEMA has determined that this rulemaking does not contain any collections of information as defined by that Act.

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C. Regulatory Flexibility Act The Regulatory Flexibility Act RFA
5 U.S.C. 601612, and section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104121, 110 Stat. 847, 858
9 Mar. 29, 1996 5 U.S.C. 601 note require that special consideration be given to the effects of regulations on small entities. The RFA applies only when an agency is required by section 553 . . . to publish general notice of proposed rulemaking for any proposed rule. 5 U.S.C. 603a. An RFA analysis is not required for this rulemaking because FEMA is not required to publish a notice of proposed rulemaking.
D. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 15011504, 1531
1536, 1571, pertains to any rulemaking which is likely to result in the promulgation of any rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million adjusted annually for inflation or more in any one year. If the rulemaking includes a Federal mandate, the Act requires an agency to prepare an assessment of the anticipated costs and benefits of the Federal mandate. The Act also pertains to any regulatory requirements that might significantly or uniquely affect small governments. Before establishing any such requirements, an agency must develop a plan allowing for input from the affected governments regarding the requirements.
FEMA has determined that this rulemaking will not result in the expenditure by State, local, and Tribal governments, in the aggregate, nor by the private sector, of $100,000,000 or more in any one year as a result of a Federal mandate, and it will not significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions
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F. Privacy Act/E-Government Act Under the Privacy Act of 1974, 5
U.S.C. 552a, an agency must determine whether implementation of a proposed regulation will result in a system of records. A record is any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his/her education, financial transactions, medical history, and criminal or employment history and that contains his/her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. See 5 U.S.C.
552aa4. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. An agency cannot disclose any record which is contained in a system of records except by following specific procedures.
The E-Government Act of 2002, 44
U.S.C. 3501 note, also requires specific procedures when an agency takes action to develop or procure information technology that collects, maintains, or disseminates information that is in an identifiable form. This Act also applies when an agency initiates a new collection of information that will be collected, maintained, or disseminated using information technology if it includes any information in an identifiable form permitting the physical or online contacting of a specific individual.
The system of record for the NFIP, DHS/FEMA003National Flood Insurance Program Files, was published in the Federal Register on May 19, 2014
79 FR 28747. This rule does not impact this existing system of record, nor does it create a new system of record. Therefore, this rule does not
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require coverage under an existing or new Privacy Impact Assessment or System of Records Notice.
G. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249 Nov. 9, 2000, applies to agency regulations that have Tribal implications, that is, regulations that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Under this Executive order, to the extent practicable and permitted by law, no agency shall promulgate any regulation that has Tribal implications, that imposes substantial direct compliance costs on Indian Tribal governments, and that is not required by statute, unless funds necessary to pay the direct costs incurred by the Indian Tribal government or the Tribe in complying with the regulation are provided by the Federal Government, or the agency consults with Tribal officials.
FEMA has reviewed this final rule under Executive Order 13175 and has determined that it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
This rule relieves a requirement on private insurance companies to furnish information on their financial size to participate in the WYO program. The removal of this requirement will not affect the substantive rights or interests of Indian Tribal governments.
H. Executive Order 13132, Federalism Executive Order 13132, Federalism, 64 FR 43255 Aug. 10, 1999, sets forth principles and criteria that agencies must adhere to in formulating and implementing policies that have federalism implications, that is, regulations that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Federal agencies must closely examine the statutory authority supporting any action that would limit the policymaking discretion of the States, and to the extent practicable, must consult with State and local officials before implementing any such action.

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