Federal Emergency Management Agency (FEMA) Touhy Regulations, 43544-43546 [E7-15224]
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Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS—Continued
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Iowa citation
Title
567–34.206 ....
7/12/2006
567–34.207 ....
CAIR NOX allowance tracking system.
CAIR NOX allowance transfers ......
567–34.208 ....
Monitoring and reporting .................
7/12/2006
567–34.209 ....
CAIR NOX opt-in units ....................
7/12/2006
567–34.210 ....
CAIR SO2 trading program .............
7/12/2006
567–34.211 to
567–34.219.
567–34.220 ....
Reserved .........................................
7/12/2006
7/12/2006
567–34.223 ....
CAIR NOX ozone season trading
program.
CAIR NOX ozone season trading
program general provisions.
CAIR designated representative for
CAIR
NOX
ozone
season
sources.
CAIR NOX ozone season permits ..
567–34.224 ....
Reserved .........................................
7/12/2006
567–34.225 ....
CAIR NOX ozone season
ance allocations.
CAIR NOX ozone season
ance tracking system.
CAIR NOX ozone season
ance transfers.
CAIR NOX ozone season
toring and reporting.
CAIR NOX ozone season
units.
allow-
7/12/2006
allow-
7/12/2006
allow-
7/12/2006
moni-
7/12/2006
opt-in
7/12/2006
567–34.221 ....
567–34.222 ....
567–34.226 ....
567–34.227 ....
567–34.228 ....
567–34.229 ....
*
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*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 5
[Docket ID FEMA–2007–0006]
RIN 1660–AA54
Federal Emergency Management
Agency (FEMA) Touhy Regulations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
cprice-sewell on PROD1PC62 with RULES
AGENCY:
SUMMARY: This final rule makes a
clarifying amendment to the Federal
Emergency Management Agency’s
(FEMA) Touhy regulations. As already
provided in the Touhy regulations of the
Department of Homeland Security
(DHS), of which FEMA is a component,
15:24 Aug 03, 2007
7/12/2006
7/12/2006
7/12/2006
*
[FR Doc. E7–15121 Filed 8–3–07; 8:45 am]
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EPA approval date
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
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where the document begins].
8/6/2007 [insert FR page number
where the document begins].
8/6/2007 [insert FR page number
where the document begins].
8/6/2007 [insert FR page number
where the document begins].
*
*
FEMA is adding language to its
regulations clarifying that DHS Touhy
regulations are applicable to any subject
matter not already covered by FEMA’s
regulations, including but not limited to
demands or requests directed to current
or former FEMA contractors. This action
ensures consistency within DHS with a
uniform approach and administration of
Touhy regulations, and provides
additional clarification with respect to
agency organization and practice. This
regulation will have no substantive
effect on the regulated public.
DATES: This final rule is effective August
6, 2007.
ADDRESSES: Documents as indicated in
this preamble are available for
inspection and copying under Docket ID
FEMA–2007–0006, at the Office of Chief
Counsel, Federal Emergency
Management Agency, Room 835, 500 C
Street, SW., Washington, DC, or online
at the Federal eRulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jordan S. Fried, Associate Chief Counsel
for Litigation, Office of Chief Counsel,
Federal Emergency Management
PO 00000
Frm 00042
Explanation
Fmt 4700
Sfmt 4700
*
*
Agency, Department of Homeland
Security, 500 C Street, SW.,
Washington, DC 20472, (phone) 202–
646–4112, (facsimile) 202–646–4536, or
(e-mail) Jordan.fried@dhs.gov.
SUPPLEMENTARY INFORMATION:
Regulatory Information
FEMA did not publish a notice of
proposed rulemaking for this regulation.
Under both 5 U.S.C. 553(b)(A) and
(b)(B), FEMA finds that this rule is
exempt from notice and comment
rulemaking requirements because this is
a procedural rule involving agency
organization and practice, and has no
substantive effect on the public. This
rule consists only of a technical
clarifying amendment. Because this is a
procedural rule, rather than substantive,
this rule will become effective
immediately upon publication as
authorized under 5 U.S.C. 553(d).
Background
The Federal Emergency Management
Agency (FEMA), a component of the
Department of Homeland Security
(DHS), issues this rule to eliminate
public confusion with respect to how
E:\FR\FM\06AUR1.SGM
06AUR1
Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations
cprice-sewell on PROD1PC62 with RULES
FEMA applies its Touhy regulations.
Touhy regulations, named after United
States ex rel. Touhy v. Ragen, 340 U.S.
462 (1951), establish restrictions and
procedures for demands on Federal
agency employees for information or
testimony in response to a subpoena or
other demand in private litigation as to
any information relating to material
contained in the files of the Agency, or
any information acquired as a part of the
performance of that person’s official
duties or because of that person’s
official status.
Currently, FEMA has Touhy
regulations at 44 CFR part 5 subpart F,
Subpoenas or Other Legal Demands for
Testimony or the Production or
Disclosure of Records or Other
Information; and DHS has Touhy
regulations at 6 CFR part 5 subpart C,
Disclosure of Information in Litigation.
DHS’ regulation, at 6 CFR 5.41(b),
provides that ‘‘[t]he provisions
established by this subpart shall apply
to all Department components that are
transferred to the Department. Except to
the extent a Department component has
adopted separate guidance governing
the subject matter of a provision of this
subpart, the provisions of this subpart
shall apply to each component of the
Department.’’ There are some
circumstances in which the DHS
regulations address subject matter that
is not addressed in FEMA’s regulations.
Therefore, as a matter of agency
practice, FEMA applies DHS regulations
when FEMA’s regulations are silent,
pursuant to the language of 6 CFR
5.41(b).
In an effort toward providing public
notice of this agency practice, FEMA is
amending its scope and applicability
regulation at 44 CFR 5.80 to clarify for
the public that DHS’ Touhy regulations
apply to any subject matter not already
covered by FEMA’s regulations,
including but not limited to demands or
requests directed to current or former
FEMA contractors. FEMA specifically
addressed the issue of demands or
requests directed to current or former
FEMA contractors because the agency is
aware of particular confusion with
respect to Title 44’s silence on this
subject matter. This regulatory change
clarifies agency organization and
practice and will have no substantive
effect on the regulated public.
Executive Order 12866—Regulatory
Planning and Review
FEMA has prepared and reviewed this
rule under the provisions of Executive
Order 12866 (58 FR 51735, Oct. 4,
1993). Under Executive Order 12866, a
‘‘significant regulatory action’’ is subject
to Office of Management and Budget
VerDate Aug<31>2005
15:24 Aug 03, 2007
Jkt 211001
(OMB) review and the requirements of
the Executive Order. Section 3(f) of the
Executive Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more, or
may adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
As a DHS component, FEMA is
subject to the Touhy provisions
established by DHS at 6 CFR part 5
subpart C, except to the extent that
FEMA has adopted separate guidance
governing the subject matter of a
provision of that subpart. As a result,
DHS’ regulations apply to any subject
matter not already covered by FEMA’s
regulations, including but not limited to
demands or requests directed to current
or former FEMA contractors. In an effort
at removing public confusion, FEMA is
amending 44 CFR 5.80 to include
language notifying the public of this
existing agency practice and procedure.
This regulatory change provides
clarification with respect to agency
organization and practice and has no
substantive effect on the regulated
public. Therefore, this rulemaking is not
considered to be a significant regulatory
action under section 3(f) of Executive
Order 12866. This rule adheres to the
principles of regulation as set forth in
the Executive Order.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121,
110 Stat. 857), FEMA is not required to
prepare a final regulatory flexibility
analysis for this final rule because the
agency has not issued a notice of
proposed rulemaking prior to this
action.
National Environmental Policy Act
The National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)
implementing regulations governing
FEMA activities at 44 CFR 10.8(d)(2)(ii)
categorically exclude the preparation,
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
43545
revision, and adoption of regulations,
directives, manuals, and other guidance
documents related to actions that
qualify for categorical exclusions. This
amendment provides clarifying
information regarding administrative
actions of the agency regarding the
handling of demands on Federal agency
employees for information or testimony
in response to a subpoena or other
demand in private litigation and is
therefore categorically exempt under
§ 10.8(d)(2)(i). Because no other
extraordinary circumstances have been
identified, this rule will not require the
preparation of either an environmental
assessment or an environmental impact
statement as defined by the National
Environmental Policy Act.
Executive Order 13132, Federalism
Executive Order 13132, entitled
‘‘Federalism,’’ (64 FR 43255, published
August 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, 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. This rule provides
clarification with respect to agency
organization and practice and will have
no substantive effect on the regulated
public, therefore it will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. It will not
preempt any State laws. In accordance
with section 6 of Executive Order
13132, FEMA determines that this rule
will not have federalism implications
sufficient to warrant the preparation of
a federalism impact statement.
Paperwork Reduction Act of 1995
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
This rule does not impose any new
reporting or recordkeeping
requirements, nor does it revise
information collection requirements
E:\FR\FM\06AUR1.SGM
06AUR1
43546
Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations
currently approved under the
Paperwork Reduction Act of 1995.
Executive Order 12988, Civil Justice
Reform
FEMA has reviewed this rule under
Executive Order 12988, ‘‘Civil Justice
Reform’’ (61 FR 4729, published
February 7, 1996). This rule meets
applicable standards to minimize
litigation, eliminate ambiguity, and
reduce burden.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies, to the extent permitted
by law, to prepare a written assessment
of the effects of any Federal mandate in
a proposed or final agency rule that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any one year. Though this
rule will not result in such an
expenditure, FEMA does discuss the
effects of this rule elsewhere in this
preamble.
cprice-sewell on PROD1PC62 with RULES
Executive Order 12898, Environmental
Justice
Under Executive Order 12898,
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, published
February 16, 1994), FEMA incorporates
environmental justice into its policies
and programs. The Executive Order
requires each Federal agency to conduct
its programs, policies, and activities that
substantially affect human health or the
environment in a manner that ensures
that those programs, policies, and
activities do not have the effect of
excluding persons from participation in
programs, denying persons the benefits
of programs, or subjecting persons to
discrimination because of race, color, or
national origin.
FEMA believes that no action under
this rule will have a disproportionately
high or adverse effect on human health
or the environment as it contains only
a clarifying amendment regarding
agency organization and practice and
has no substantive effect on the
regulated public. Accordingly, the
requirements of Executive order 12898
do not apply to this rule.
Congressional Review of Agency
Rulemaking
FEMA has sent this final rule to the
Congress and to the General Accounting
Office under the Congressional Review
of Agency Rulemaking Act,
(‘‘Congressional Review Act’’) Public
Law 104–121. This rule is not a ‘‘major
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15:24 Aug 03, 2007
Jkt 211001
rule’’ within the meaning of the
Congressional Review Act. This rule
will not result in a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions. It will not have
‘‘significant adverse effects’’ on
competition, employment, investment,
productivity, innovation, or on the
ability of the United States-based
enterprises to compete with foreignbased enterprises.
Executive Order 13045, Protection of
Children
FEMA has analyzed this final rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or safety
that might disproportionately affect
children.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
FEMA has reviewed this rule under
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments’’ (65 FR 67249, published
November 9, 2000). As this rule
provides clarification with respect to
agency organization and practice and
has no substantive effect on the
regulated public, it will 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.
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
FEMA has reviewed this rule under
Executive Order 12630, ‘‘Governmental
Actions and Interference with
Constitutionally Protected Property
Rights’’ (53 FR 8859, published March
18, 1988) as supplemented by Executive
Order 13406, ‘‘Protecting the Property
Rights of the American People’’ (71 FR
36973, published June 28, 2006). This
rule will not affect a taking of private
property or otherwise have taking
implications under Executive Order
12630.
List of Subjects in 44 CFR Part 5
Courts, Freedom of Information,
Government employees.
I For the reasons set forth above, FEMA
amends 44 CFR part 5 as follows:
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
44 CFR Chapter 1—Federal Emergency
Management Agency, Department of
Homeland Security
Subchapter A—General
PART 5—[REVISED]
1. The authority citation for part 5 is
revised to read as follows:
I
Authority: 5 U.S.C. 552; 5 U.S.C. 301; 6
U.S.C. 101 et seq; Reorganization Plan No. 3
of 1978; E.O. 12127; and E.O. 12148.
2. Amend § 5.80, by adding paragraph
(d) to read as follows:
I
§ 5.80
Scope and applicability.
*
*
*
*
*
(d) The Department of Homeland
Security’s regulations, 6 CFR 5.41
through 5.49, apply to any subject
matter not already covered by this
subpart, including but not limited to
demands or requests directed to current
or former FEMA contractors.
Dated: August 1, 2007.
R. David Paulison,
Administrator, Federal Emergency
Management Agency.
[FR Doc. E7–15224 Filed 8–3–07; 8:45 am]
BILLING CODE 9110–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 6 and 64
[WC Docket No. 04–36, CG Docket No. 03–
123, WT Docket No. 96–198 and CC Docket
No. 92–105; FCC 07–110]
IP-Enabled Services; Implementation
of Sections 255 and 251(a)(2) of the
Communications Act of 1934, as
Enacted by the Telecommunications
Act of 1996: Access to
Telecommunications Service,
Telecommunications Equipment and
Customer Premises Equipment by
Persons With Disabilities;
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission extends the disability
access requirements that currently apply
to telecommunications service providers
and equipment manufacturers under
section 255 of the Communications Act
of 1934, as amended (the Act), to
providers of ‘‘interconnected voice over
Internet Protocol (VoIP) services,’’ as
defined by the Commission, and to
manufacturers of specially designed
E:\FR\FM\06AUR1.SGM
06AUR1
]]>Agencies
[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Rules and Regulations]
[Pages 43544-43546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15224]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 5
[Docket ID FEMA-2007-0006]
RIN 1660-AA54
Federal Emergency Management Agency (FEMA) Touhy Regulations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule makes a clarifying amendment to the Federal
Emergency Management Agency's (FEMA) Touhy regulations. As already
provided in the Touhy regulations of the Department of Homeland
Security (DHS), of which FEMA is a component, FEMA is adding language
to its regulations clarifying that DHS Touhy regulations are applicable
to any subject matter not already covered by FEMA's regulations,
including but not limited to demands or requests directed to current or
former FEMA contractors. This action ensures consistency within DHS
with a uniform approach and administration of Touhy regulations, and
provides additional clarification with respect to agency organization
and practice. This regulation will have no substantive effect on the
regulated public.
DATES: This final rule is effective August 6, 2007.
ADDRESSES: Documents as indicated in this preamble are available for
inspection and copying under Docket ID FEMA-2007-0006, at the Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC, or online at the Federal eRulemaking
Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jordan S. Fried, Associate Chief
Counsel for Litigation, Office of Chief Counsel, Federal Emergency
Management Agency, Department of Homeland Security, 500 C Street, SW.,
Washington, DC 20472, (phone) 202-646-4112, (facsimile) 202-646-4536,
or (e-mail) Jordan.fried@dhs.gov.
SUPPLEMENTARY INFORMATION:
Regulatory Information
FEMA did not publish a notice of proposed rulemaking for this
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), FEMA finds that
this rule is exempt from notice and comment rulemaking requirements
because this is a procedural rule involving agency organization and
practice, and has no substantive effect on the public. This rule
consists only of a technical clarifying amendment. Because this is a
procedural rule, rather than substantive, this rule will become
effective immediately upon publication as authorized under 5 U.S.C.
553(d).
Background
The Federal Emergency Management Agency (FEMA), a component of the
Department of Homeland Security (DHS), issues this rule to eliminate
public confusion with respect to how
[[Page 43545]]
FEMA applies its Touhy regulations. Touhy regulations, named after
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951), establish
restrictions and procedures for demands on Federal agency employees for
information or testimony in response to a subpoena or other demand in
private litigation as to any information relating to material contained
in the files of the Agency, or any information acquired as a part of
the performance of that person's official duties or because of that
person's official status.
Currently, FEMA has Touhy regulations at 44 CFR part 5 subpart F,
Subpoenas or Other Legal Demands for Testimony or the Production or
Disclosure of Records or Other Information; and DHS has Touhy
regulations at 6 CFR part 5 subpart C, Disclosure of Information in
Litigation. DHS' regulation, at 6 CFR 5.41(b), provides that ``[t]he
provisions established by this subpart shall apply to all Department
components that are transferred to the Department. Except to the extent
a Department component has adopted separate guidance governing the
subject matter of a provision of this subpart, the provisions of this
subpart shall apply to each component of the Department.'' There are
some circumstances in which the DHS regulations address subject matter
that is not addressed in FEMA's regulations. Therefore, as a matter of
agency practice, FEMA applies DHS regulations when FEMA's regulations
are silent, pursuant to the language of 6 CFR 5.41(b).
In an effort toward providing public notice of this agency
practice, FEMA is amending its scope and applicability regulation at 44
CFR 5.80 to clarify for the public that DHS' Touhy regulations apply to
any subject matter not already covered by FEMA's regulations, including
but not limited to demands or requests directed to current or former
FEMA contractors. FEMA specifically addressed the issue of demands or
requests directed to current or former FEMA contractors because the
agency is aware of particular confusion with respect to Title 44's
silence on this subject matter. This regulatory change clarifies agency
organization and practice and will have no substantive effect on the
regulated public.
Executive Order 12866--Regulatory Planning and Review
FEMA has prepared and reviewed this rule under the provisions of
Executive Order 12866 (58 FR 51735, Oct. 4, 1993). Under Executive
Order 12866, a ``significant regulatory action'' is subject to Office
of Management and Budget (OMB) review and the requirements of the
Executive Order. Section 3(f) of the Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or may adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
As a DHS component, FEMA is subject to the Touhy provisions
established by DHS at 6 CFR part 5 subpart C, except to the extent that
FEMA has adopted separate guidance governing the subject matter of a
provision of that subpart. As a result, DHS' regulations apply to any
subject matter not already covered by FEMA's regulations, including but
not limited to demands or requests directed to current or former FEMA
contractors. In an effort at removing public confusion, FEMA is
amending 44 CFR 5.80 to include language notifying the public of this
existing agency practice and procedure. This regulatory change provides
clarification with respect to agency organization and practice and has
no substantive effect on the regulated public. Therefore, this
rulemaking is not considered to be a significant regulatory action
under section 3(f) of Executive Order 12866. This rule adheres to the
principles of regulation as set forth in the Executive Order.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121, 110 Stat. 857), FEMA is not required to prepare
a final regulatory flexibility analysis for this final rule because the
agency has not issued a notice of proposed rulemaking prior to this
action.
National Environmental Policy Act
The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) implementing regulations governing FEMA activities at 44 CFR
10.8(d)(2)(ii) categorically exclude the preparation, revision, and
adoption of regulations, directives, manuals, and other guidance
documents related to actions that qualify for categorical exclusions.
This amendment provides clarifying information regarding administrative
actions of the agency regarding the handling of demands on Federal
agency employees for information or testimony in response to a subpoena
or other demand in private litigation and is therefore categorically
exempt under Sec. 10.8(d)(2)(i). Because no other extraordinary
circumstances have been identified, this rule will not require the
preparation of either an environmental assessment or an environmental
impact statement as defined by the National Environmental Policy Act.
Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism,'' (64 FR 43255,
published August 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, 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. This rule provides
clarification with respect to agency organization and practice and will
have no substantive effect on the regulated public, therefore it will
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
It will not preempt any State laws. In accordance with section 6 of
Executive Order 13132, FEMA determines that this rule will not have
federalism implications sufficient to warrant the preparation of a
federalism impact statement.
Paperwork Reduction Act of 1995
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection of information displays a valid OMB control number. This
rule does not impose any new reporting or recordkeeping requirements,
nor does it revise information collection requirements
[[Page 43546]]
currently approved under the Paperwork Reduction Act of 1995.
Executive Order 12988, Civil Justice Reform
FEMA has reviewed this rule under Executive Order 12988, ``Civil
Justice Reform'' (61 FR 4729, published February 7, 1996). This rule
meets applicable standards to minimize litigation, eliminate ambiguity,
and reduce burden.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies, to the extent permitted by law, to prepare a
written assessment of the effects of any Federal mandate in a proposed
or final agency rule that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year. Though this rule will
not result in such an expenditure, FEMA does discuss the effects of
this rule elsewhere in this preamble.
Executive Order 12898, Environmental Justice
Under Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, published February 16, 1994), FEMA
incorporates environmental justice into its policies and programs. The
Executive Order requires each Federal agency to conduct its programs,
policies, and activities that substantially affect human health or the
environment in a manner that ensures that those programs, policies, and
activities do not have the effect of excluding persons from
participation in programs, denying persons the benefits of programs, or
subjecting persons to discrimination because of race, color, or
national origin.
FEMA believes that no action under this rule will have a
disproportionately high or adverse effect on human health or the
environment as it contains only a clarifying amendment regarding agency
organization and practice and has no substantive effect on the
regulated public. Accordingly, the requirements of Executive order
12898 do not apply to this rule.
Congressional Review of Agency Rulemaking
FEMA has sent this final rule to the Congress and to the General
Accounting Office under the Congressional Review of Agency Rulemaking
Act, (``Congressional Review Act'') Public Law 104-121. This rule is
not a ``major rule'' within the meaning of the Congressional Review
Act. This rule will not result in a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions. It will not have
``significant adverse effects'' on competition, employment, investment,
productivity, innovation, or on the ability of the United States-based
enterprises to compete with foreign-based enterprises.
Executive Order 13045, Protection of Children
FEMA has analyzed this final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or safety that might
disproportionately affect children.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
FEMA has reviewed this rule under Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, published November 9, 2000). As this rule provides clarification
with respect to agency organization and practice and has no substantive
effect on the regulated public, it will 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.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights
FEMA has reviewed this rule under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights'' (53 FR 8859, published March 18, 1988) as
supplemented by Executive Order 13406, ``Protecting the Property Rights
of the American People'' (71 FR 36973, published June 28, 2006). This
rule will not affect a taking of private property or otherwise have
taking implications under Executive Order 12630.
List of Subjects in 44 CFR Part 5
Courts, Freedom of Information, Government employees.
0
For the reasons set forth above, FEMA amends 44 CFR part 5 as follows:
44 CFR Chapter 1--Federal Emergency Management Agency, Department
of Homeland Security
Subchapter A--General
PART 5--[REVISED]
0
1. The authority citation for part 5 is revised to read as follows:
Authority: 5 U.S.C. 552; 5 U.S.C. 301; 6 U.S.C. 101 et seq;
Reorganization Plan No. 3 of 1978; E.O. 12127; and E.O. 12148.
0
2. Amend Sec. 5.80, by adding paragraph (d) to read as follows:
Sec. 5.80 Scope and applicability.
* * * * *
(d) The Department of Homeland Security's regulations, 6 CFR 5.41
through 5.49, apply to any subject matter not already covered by this
subpart, including but not limited to demands or requests directed to
current or former FEMA contractors.
Dated: August 1, 2007.
R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E7-15224 Filed 8-3-07; 8:45 am]
BILLING CODE 9110-50-P
