Disaster Home Loans: FEMA Interaction, 7545-7546 [2010-3395]
Download as PDF
7545
Rules and Regulations
Federal Register
Vol. 75, No. 34
Monday, February 22, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245–AF97
Disaster Home Loans: FEMA
Interaction
U.S. Small Business
Administration.
ACTION: Direct final rule.
AGENCY:
SUMMARY: SBA is amending its disaster
assistance regulations to reflect changes
to the Small Business Act (Act) made by
the Food, Conservation, and Energy Act
of 2008, which require SBA to
promulgate regulations in consultation
with the Administrator of the Federal
Emergency Management Agency
(FEMA) to ensure that each application
for disaster assistance is processed by
SBA or another appropriate agency in a
prompt manner. This direct final rule
clarifies SBA’s process of timely
coordination with FEMA and other
agencies for delivering Federal disaster
assistance to homeowners and renters
who have sustained property damage as
a result of a disaster declared by the
President.
DATES: Effective Date: This rule is
effective April 8, 2010 without further
action, unless significant adverse
comment is received on or before March
24, 2010. If significant adverse comment
is received, SBA will publish a timely
withdrawal of the rule in the Federal
Register.
You may submit comments,
identified by RIN 3245–AF97, by any of
the following methods: (1) Federal
Rulemaking Portal: https://
www.regulations.gov, following the
specific instructions for submitting
comments; (2) FAX (202) 481–2226; or
E-mail: James.Rivera@sba.gov; or (3)
Mail/Hand Delivery/Courier: James E.
Rivera, Associate Administrator for
cprice-sewell on DSKHWCL6B1PROD with RULES
ADDRESSES:
VerDate Nov<24>2008
13:00 Feb 19, 2010
Jkt 220001
Disaster Assistance, 409 3rd Street, SW.,
Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT:
Roger B. Garland, Office of Disaster
Assistance, 202–205–6734 or
Roger.Garland@sba.gov.
SUPPLEMENTARY INFORMATION: SBA
makes disaster assistance loans to
homeowners, renters, and businesses
adversely affected by a disaster event.
SBA works closely with FEMA and
other Federal, State, and local agencies
in the delivery of disaster assistance to
victims. Under a Presidential disaster
declaration, FEMA serves as the
coordinating agency for all Federal
agencies providing disaster assistance,
including SBA. Most disaster victims
register through FEMA for Federal
disaster assistance. Upon registration,
FEMA may provide home repair grant
assistance to homeowners, within
certain limits. FEMA then refers victims
to SBA to be considered for disaster
loan assistance for home repair and
personal property loss. If SBA is unable
to approve a loan, a homeowner or
renter is referred by SBA to FEMA’s
Federal Assistance to Individuals and
Households Program (IHP) to be
considered for further grant assistance.
Additionally, if disaster assistance is
available from State/local or other
agencies (e.g., American Red Cross),
SBA may refer the disaster victim to the
appropriate agency.
The Food, Conservation, and Energy
Act of 2008, Public Law 110–246 (the
Farm Act), enacted on June 18, 2008,
requires SBA to ensure that its disaster
assistance programs are coordinated, to
the maximum extent practicable, with
FEMA’s disaster assistance programs.
This statute also requires SBA to
establish regulations, in consultation
with FEMA, to ensure that each
application for disaster assistance is
submitted as quickly as practicable to
SBA or directed to the appropriate
agency under the circumstances. SBA
has consulted with FEMA and is
publishing this direct final rule to
codify the process for timely
coordination with FEMA and other
agencies, and to clarify for the public
the initial phases of obtaining disaster
assistance.
Section-by-Section Analysis
In order to reflect the provisions of
the Farm Act, SBA is adding new
section 123.108 to its regulations to
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
reflect that when the President makes a
disaster declaration, an applicant for
disaster loan assistance for homeowners
or renters may be eligible for FEMA IHP
grant assistance. The new section
specifies that, after registering with
FEMA, the applicant may be referred to
SBA for home loan assistance. If SBA
declines the application, or if the
damage amount exceeds the maximum
SBA loan amount, SBA may refer the
applicant to FEMA or another
appropriate agency for possible grant
assistance. This new section, which
describes existing procedures, makes
clear that any such referral will be made
on a timely basis.
Consideration of Comments
SBA believes that this rule is routine
and non-controversial since it simply
implements the statute, and SBA
anticipates no significant adverse
comments to the rulemaking. If SBA
receives any adverse comments, it will
publish a timely withdrawal of this
direct final rule.
Compliance With Executive Orders
12866, 12988, 13132 and the Regulatory
Flexibility Act (5 U.S.C. 601–612), and
the Paperwork Reduction Act (44
U.S.C. Ch. 35)
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule
does not constitute a significant
regulatory action under Executive Order
12866.
Executive Order 12988
This action meets applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden. The action does not have
retroactive or preemptive effect.
Executive Order 13132
The final rule will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government, because the rule
does not alter the current relationship
between federal, state, and local disaster
authorities. Therefore, for the purposes
of Executive Order 13132, Federalism,
SBA determines that this final rule has
E:\FR\FM\22FER1.SGM
22FER1
7546
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations
no federalism implications warranting
preparation of a federalism assessment.
Paperwork Reduction Act
SBA has determined that this final
rule does not impose additional
reporting or recordkeeping requirements
under the Paperwork Reduction Act, 44
U.S.C., Chapter 35.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601, requires administrative
agencies to consider the effect of their
actions on small entities, including
small businesses. Pursuant to the RFA,
when an agency issues a rule, the
agency must prepare an analysis to
determine whether the impact of the
rule will have a significant economic
impact on a substantial number of small
entities. However, the RFA requires
analysis of a rule only where notice and
comment rulemaking are required.
Rules are exempt from Administrative
Procedure Act (APA) notice and
comment requirements and therefore
from the RFA requirements when the
agency for good cause finds (and
incorporates the finding and brief
statement of reasons in the rules issued)
that notice and public procedure
thereon is impracticable, unnecessary,
or contrary to the public interest. In this
case it would be impracticable given the
emergency nature of the recent
legislation authorizing the new
requirements.
List of Subjects in 13 CFR Part 123
Households Program (IHP). After you
register with FEMA for disaster
assistance, FEMA will consider you for
IHP assistance, which includes housing
assistance grants to repair or replace
your damaged primary residence and
temporary housing assistance (including
rental assistance) to assist you
temporarily with a place to live, and
assistance with personal property,
medical, dental and funeral expenses.
FEMA may also refer you to SBA to
apply for loan assistance to help repair
or rebuild your home and/or to replace
personal property destroyed during the
disaster. If SBA is unable to approve
your loan application, or if you have
damage in excess of the SBA loan
amount, SBA may refer you, on a timely
basis, to FEMA for IHP grant
consideration to assist with your unmet
personal property and transportation
needs. If you are approved for the SBA
disaster loan and you have received
grant assistance that duplicates the
damage covered by the SBA loan, such
grant assistance must be deducted from
your loan eligibility as described in
section 123.101(c) of the regulations. All
grant decisions are made by FEMA.
Additionally, if additional disaster
assistance is available from state, local
or other agencies, SBA may refer you to
the appropriate agency for
consideration.
Export System (AES) or AESDirect. If
the U.S. Principal Party in Interest
(USPPI) or the U.S. authorized agent
residing in or having an office in the
United States does not have an
Employer Identification Number (EIN),
the USPPI or the U.S. authorized agent
must obtain an EIN through the Web site
of the Internal Revenue Service (IRS).
Former SSN filers who want to use a
Dun & Bradstreet Number (DUNS) rather
than an EIN for identification purposes,
must first obtain an EIN from the IRS,
and apply to Dun & Bradstreet for a
DUNS. This final rule is being
implemented to ensure that a USPPI’s or
authorized agent’s SSN is protected in
accordance with the Privacy Act of 1974
(Privacy Act), title 5, United States Code
(U.S.C.), section 552a. On August 5,
2009, this final rule was published as an
interim final rule; the Census Bureau is
finalizing this rule without change.
DATES: Effective Date: This rule is
effective March 24, 2010.
FOR FURTHER INFORMATION CONTACT:
William G. Bostic, Jr., Assistant Director
for Economic Programs, United States
Census Bureau, 4600 Silver Hill Road,
Room 8K108, Washington, DC 20233–
6700; by phone at (301) 763–8842; by
fax at (301) 763–6638; or by e-mail:
william.g.bostic.jr@census.gov.
SUPPLEMENTARY INFORMATION:
Dated: February 16, 2010.
Karen G. Mills,
Administrator.
Background
The Census Bureau is responsible for
collecting, compiling, and publishing
export and import trade statistics for the
United States under the provisions of
title 13, U.S.C. Chapter 9, section 301(a).
On June 2, 2008, the Census Bureau
issued a final rule to amend the FTR to
implement provisions in the Foreign
Relations Authorization Act (Pub. L.
107–228, § 1404(a)–(c), 116 Stat. 1454
(2002)). Specifically, the amended FTR
required mandatory filing of export
information through the AES or
AESDirect for all shipments where a
Shipper’s Export Declaration (SED) is
required. The USPPI or U.S. authorized
agent residing or having an office in the
United States was required to enter an
EIN, SSN or DUNS when reporting
export transactions in the AES or
AESDirect. Though the effective date of
this final rule was July 2, 2008, the
Census Bureau announced that it would
delay implementation until September
30, 2008, to allow all affected entities
sufficient time to come into compliance
with the final rule.
Pursuant to the requirements of the
Privacy Act and guidance from the
Office of Management and Budget
(OMB), on August 5, 2009, the Census
Bureau published in the Federal
[FR Doc. 2010–3395 Filed 2–19–10; 8:45 am]
Disaster assistance, Reporting and
recordkeeping requirements.
■ For the reasons set forth in the
preamble, the Small Business
Administration amends 13 CFR part 123
as follows:
BILLING CODE 8025–01–P
PART 123—-DISASTER LOAN
PROGRAM
15 CFR Part 30
1. The authority citation for part 123
continues to read as follows:
RIN 0607–AA48
Authority: 15 U.S.C. 634(b)(6), 636(b), 636
(c); 657i, Pub. L. 102–395, 106 Stat. 1828;
Pub. L. 103–75, 107 Stat. 739; Pub. L. 106–
50, 113 Stat. 245; Pub. L. 110–246, 112 Stat.
1651.
Foreign Trade Regulations (FTR):
Eliminate the Social Security Number
(SSN) as an Identification Number in
the Automated Export System (AES)
2. Amend Subpart B by adding at the
end new § 123.108 to read as follows:
AGENCY: Bureau of the Census,
Commerce Department.
ACTION: Final rule.
cprice-sewell on DSKHWCL6B1PROD with RULES
■
§ 123.108 How do the SBA disaster loan
program and the FEMA grant programs
interact?
After a Presidential disaster
declaration is made, you may be eligible
for disaster assistance, including grant
assistance, from the Federal Emergency
Management Agency’s (FEMA) Federal
Assistance to Individuals and
13:00 Feb 19, 2010
Jkt 220001
Census Bureau
[Docket Number: 090422707–91445–02]
■
VerDate Nov<24>2008
DEPARTMENT OF COMMERCE
SUMMARY: The U.S. Census Bureau
(Census Bureau) issues this final rule
amending the Foreign Trade Regulations
(FTR) to eliminate the requirement to
report a Social Security Number (SSN)
as an identification number when
registering to file and filing electronic
export information in the Automated
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
E:\FR\FM\22FER1.SGM
22FER1
Agencies
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Rules and Regulations]
[Pages 7545-7546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3395]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 /
Rules and Regulations
[[Page 7545]]
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
RIN 3245-AF97
Disaster Home Loans: FEMA Interaction
AGENCY: U.S. Small Business Administration.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: SBA is amending its disaster assistance regulations to reflect
changes to the Small Business Act (Act) made by the Food, Conservation,
and Energy Act of 2008, which require SBA to promulgate regulations in
consultation with the Administrator of the Federal Emergency Management
Agency (FEMA) to ensure that each application for disaster assistance
is processed by SBA or another appropriate agency in a prompt manner.
This direct final rule clarifies SBA's process of timely coordination
with FEMA and other agencies for delivering Federal disaster assistance
to homeowners and renters who have sustained property damage as a
result of a disaster declared by the President.
DATES: Effective Date: This rule is effective April 8, 2010 without
further action, unless significant adverse comment is received on or
before March 24, 2010. If significant adverse comment is received, SBA
will publish a timely withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments, identified by RIN 3245-AF97, by any
of the following methods: (1) Federal Rulemaking Portal: https://www.regulations.gov, following the specific instructions for submitting
comments; (2) FAX (202) 481-2226; or E-mail: James.Rivera@sba.gov; or
(3) Mail/Hand Delivery/Courier: James E. Rivera, Associate
Administrator for Disaster Assistance, 409 3rd Street, SW., Washington,
DC 20416.
FOR FURTHER INFORMATION CONTACT: Roger B. Garland, Office of Disaster
Assistance, 202-205-6734 or Roger.Garland@sba.gov.
SUPPLEMENTARY INFORMATION: SBA makes disaster assistance loans to
homeowners, renters, and businesses adversely affected by a disaster
event. SBA works closely with FEMA and other Federal, State, and local
agencies in the delivery of disaster assistance to victims. Under a
Presidential disaster declaration, FEMA serves as the coordinating
agency for all Federal agencies providing disaster assistance,
including SBA. Most disaster victims register through FEMA for Federal
disaster assistance. Upon registration, FEMA may provide home repair
grant assistance to homeowners, within certain limits. FEMA then refers
victims to SBA to be considered for disaster loan assistance for home
repair and personal property loss. If SBA is unable to approve a loan,
a homeowner or renter is referred by SBA to FEMA's Federal Assistance
to Individuals and Households Program (IHP) to be considered for
further grant assistance. Additionally, if disaster assistance is
available from State/local or other agencies (e.g., American Red
Cross), SBA may refer the disaster victim to the appropriate agency.
The Food, Conservation, and Energy Act of 2008, Public Law 110-246
(the Farm Act), enacted on June 18, 2008, requires SBA to ensure that
its disaster assistance programs are coordinated, to the maximum extent
practicable, with FEMA's disaster assistance programs. This statute
also requires SBA to establish regulations, in consultation with FEMA,
to ensure that each application for disaster assistance is submitted as
quickly as practicable to SBA or directed to the appropriate agency
under the circumstances. SBA has consulted with FEMA and is publishing
this direct final rule to codify the process for timely coordination
with FEMA and other agencies, and to clarify for the public the initial
phases of obtaining disaster assistance.
Section-by-Section Analysis
In order to reflect the provisions of the Farm Act, SBA is adding
new section 123.108 to its regulations to reflect that when the
President makes a disaster declaration, an applicant for disaster loan
assistance for homeowners or renters may be eligible for FEMA IHP grant
assistance. The new section specifies that, after registering with
FEMA, the applicant may be referred to SBA for home loan assistance. If
SBA declines the application, or if the damage amount exceeds the
maximum SBA loan amount, SBA may refer the applicant to FEMA or another
appropriate agency for possible grant assistance. This new section,
which describes existing procedures, makes clear that any such referral
will be made on a timely basis.
Consideration of Comments
SBA believes that this rule is routine and non-controversial since
it simply implements the statute, and SBA anticipates no significant
adverse comments to the rulemaking. If SBA receives any adverse
comments, it will publish a timely withdrawal of this direct final
rule.
Compliance With Executive Orders 12866, 12988, 13132 and the Regulatory
Flexibility Act (5 U.S.C. 601-612), and the Paperwork Reduction Act (44
U.S.C. Ch. 35)
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
rule does not constitute a significant regulatory action under
Executive Order 12866.
Executive Order 12988
This action meets applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden. The action does not
have retroactive or preemptive effect.
Executive Order 13132
The final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government, because the rule does not alter the
current relationship between federal, state, and local disaster
authorities. Therefore, for the purposes of Executive Order 13132,
Federalism, SBA determines that this final rule has
[[Page 7546]]
no federalism implications warranting preparation of a federalism
assessment.
Paperwork Reduction Act
SBA has determined that this final rule does not impose additional
reporting or recordkeeping requirements under the Paperwork Reduction
Act, 44 U.S.C., Chapter 35.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires
administrative agencies to consider the effect of their actions on
small entities, including small businesses. Pursuant to the RFA, when
an agency issues a rule, the agency must prepare an analysis to
determine whether the impact of the rule will have a significant
economic impact on a substantial number of small entities. However, the
RFA requires analysis of a rule only where notice and comment
rulemaking are required. Rules are exempt from Administrative Procedure
Act (APA) notice and comment requirements and therefore from the RFA
requirements when the agency for good cause finds (and incorporates the
finding and brief statement of reasons in the rules issued) that notice
and public procedure thereon is impracticable, unnecessary, or contrary
to the public interest. In this case it would be impracticable given
the emergency nature of the recent legislation authorizing the new
requirements.
List of Subjects in 13 CFR Part 123
Disaster assistance, Reporting and recordkeeping requirements.
0
For the reasons set forth in the preamble, the Small Business
Administration amends 13 CFR part 123 as follows:
PART 123---DISASTER LOAN PROGRAM
0
1. The authority citation for part 123 continues to read as follows:
Authority: 15 U.S.C. 634(b)(6), 636(b), 636 (c); 657i, Pub. L.
102-395, 106 Stat. 1828; Pub. L. 103-75, 107 Stat. 739; Pub. L. 106-
50, 113 Stat. 245; Pub. L. 110-246, 112 Stat. 1651.
0
2. Amend Subpart B by adding at the end new Sec. 123.108 to read as
follows:
Sec. 123.108 How do the SBA disaster loan program and the FEMA grant
programs interact?
After a Presidential disaster declaration is made, you may be
eligible for disaster assistance, including grant assistance, from the
Federal Emergency Management Agency's (FEMA) Federal Assistance to
Individuals and Households Program (IHP). After you register with FEMA
for disaster assistance, FEMA will consider you for IHP assistance,
which includes housing assistance grants to repair or replace your
damaged primary residence and temporary housing assistance (including
rental assistance) to assist you temporarily with a place to live, and
assistance with personal property, medical, dental and funeral
expenses. FEMA may also refer you to SBA to apply for loan assistance
to help repair or rebuild your home and/or to replace personal property
destroyed during the disaster. If SBA is unable to approve your loan
application, or if you have damage in excess of the SBA loan amount,
SBA may refer you, on a timely basis, to FEMA for IHP grant
consideration to assist with your unmet personal property and
transportation needs. If you are approved for the SBA disaster loan and
you have received grant assistance that duplicates the damage covered
by the SBA loan, such grant assistance must be deducted from your loan
eligibility as described in section 123.101(c) of the regulations. All
grant decisions are made by FEMA. Additionally, if additional disaster
assistance is available from state, local or other agencies, SBA may
refer you to the appropriate agency for consideration.
Dated: February 16, 2010.
Karen G. Mills,
Administrator.
[FR Doc. 2010-3395 Filed 2-19-10; 8:45 am]
BILLING CODE 8025-01-P