Waiver of Debt, 7597-7598 [2012-3208]

Download as PDF Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), as follows: (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. I have determined that the damage in certain areas of the State of Alaska resulting from a severe storm during the period of November 15–17, 2011, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’). Therefore, I declare that such a major disaster exists in the State of Alaska. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance is supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act. [FR Doc. 2012–3207 Filed 2–10–12; 8:45 am] W. Craig Fugate, Administrator, Federal Emergency Management Agency. erowe on DSK2VPTVN1PROD with NOTICES The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Willie G. Nunn, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster. The following areas of the State of Alaska have been designated as adversely affected by this major disaster: The Kenai Peninsula Borough for Public Assistance. All counties within the State of Alaska are eligible to apply for assistance under the Hazard Mitigation Grant Program. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance VerDate Mar<15>2010 14:46 Feb 10, 2012 Jkt 226001 BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA–2010–0032] Federal Radiological Preparedness Coordinating Committee Federal Emergency Management Agency, DHS. ACTION: Notice of public meeting. AGENCY: The Federal Radiological Preparedness Coordinating Committee (FRPCC) is holding a public meeting on February 24, 2012 in Arlington, VA. DATES: The meeting will take place on February 24, 2012. The session is open to the public from 9:00 a.m. to 10:00 a.m. Send written statements and requests to make oral statements to the contact person in the FOR FURTHER INFORMATION CONTACT section by close of business February 17, 2012. ADDRESSES: The meeting will be held at the Radisson Hotel Reagan National Airport in Salons III and IV at 2020 Jefferson Davis Highway, Arlington, VA 22202. FOR FURTHER INFORMATION CONTACT: Richard Collins, Program Specialist (Emergency Management), DHS/FEMA, 1800 South Bell Street—CC858, Mail Stop 3025, Arlington, VA 20598–3025; telephone (202) 212–4357; fax (703) 305–0837; or email richard.collins@dhs.gov. SUPPLEMENTARY INFORMATION: The role and functions of the Federal Radiological Preparedness Coordinating Committee (FRPCC) are described in 44 CFR 351.10(a) and 351.11(a). The FRPCC is holding a public meeting on February 24, 2012 from 9 a.m. to 10 a.m., at the Radisson Hotel Reagan National Airport in Salons I, II and III at 2020 Jefferson Davis Highway, Arlington, VA 22202. Please note that the meeting may close early. This meeting is open to the public. Public meeting participants must pre-register to be admitted to the meeting. To preregister, please provide your name and telephone number by close of business on February 17, 2012, to the individual listed in the FOR FURTHER INFORMATION CONTACT section. SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 7597 The tentative agenda for the FRPCC meeting includes: (1) Introductions, (2) Presidential Policy Directive 8 (PPD–8) Relationship to the National Response Framework (NRF), (3) FRPCC Charter Re-Write Update, (4) Nuclear Incident Response Team Project Update, (5) Radiation Team Resource Typing Update, (6) Nuclear Sector Specific Agency Update, (7) Human Capital Crisis In Radiation Safety. The FRPCC Co-Chairs shall conduct the meeting in a way that will facilitate the orderly conduct of business. Reasonable provisions will be made, if time permits, for oral statements from the public of not more than five minutes in length. Any member of the public who wishes to make an oral statement at the meeting should send a written request for time by close of business on February 17, 2012, to the individual listed in the FOR FURTHER INFORMATION CONTACT section. Any member of the public who wishes to file a written statement with the FRPCC should provide the statement by close of business on February 17, 2012, to the individual listed in the FOR FURTHER INFORMATION CONTACT section. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, please write or call the individual listed in the FOR FURTHER INFORMATION CONTACT section as soon as possible. Authority: 44 CFR 351.10(a); 351.11(a). Dated: February 6, 2012. Timothy W. Manning, Deputy Administrator, Protection and National Preparedness, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012–3206 Filed 2–10–12; 8:45 am] BILLING CODE 9110–21–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA–2012–0006] Waiver of Debt Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: FEMA is providing notice of its implementation of the Disaster Assistance Recoupment Fairness Act of 2011 (Pub. L. 112–74) (DARFA). DARFA provides the Administrator of FEMA with the authority to waive certain debts SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1 erowe on DSK2VPTVN1PROD with NOTICES 7598 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices arising from improper payments provided to disaster survivors for disasters declared between August 28, 2005, and December 31, 2010. DATES: FEMA’s waiver procedures are effective February 13, 2012. ADDRESSES: ‘‘FEMA Directive: Waiving Debts Pursuant to the Disaster Assistance Recoupment Fairness Act of 2011’’ can be viewed at www.regulations.gov under Docket ID FEMA–2012–0006. Go to www.regulations.gov, click on ‘‘Advanced Search,’’ enter ‘‘FEMA– 2012–0006’’ in the ‘‘By Docket ID’’ box, and click ‘‘Search.’’ A hard copy may be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C Street SW., Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Keith Turi, Federal Emergency Management Agency, Department of Homeland Security, 501 C Street SW., Washington, DC, telephone (202) 646– 3642 (this is not a toll-free number). If you have any questions regarding a Notice of Debt or recoupment action, please contact the Recoupment Hotline at 1–800–816–1122. If you have a speech disability or hearing loss and use a TTY, call 1–800–462–7585 directly; if you use 711 or Video Relay Service (VRS), call 800–816–1122. SUPPLEMENTARY INFORMATION: Pursuant to the Debt Collection Improvement Act of 1996 (Pub. L. 104– 134) and the Improper Payments Elimination and Recovery Act of 2010 (Pub. L. 111–204), as implemented by 31 CFR Part 901, 31 CFR 902.2, and 6 CFR Part 11, FEMA is required to recover funds improperly paid (overpayments). On March 15, 2011, FEMA published a notice in the Federal Register (76 FR 14039) that announced FEMA’s recoupment process for collecting overpayments (debts) made in delivering temporary housing and other disaster-related individual assistance. This process provides individuals an opportunity to appeal a FEMA debt determination and, in some cases, to request an oral hearing. Some members of Congress expressed concern about the fairness of FEMA collecting overpayments from disaster survivors when the overpayment was the result of FEMA error and where a significant amount of time had elapsed before FEMA provided actual notice of the debt. As a result of these concerns, Congress passed, and the President signed, the Disaster Assistance Recoupment Fairness Act of 2011 (Pub. L. 112–74) (DARFA). Pursuant to DARFA, FEMA may determine to waive a debt arising from improper payments provided to disaster survivors for VerDate Mar<15>2010 14:46 Feb 10, 2012 Jkt 226001 disasters declared between August 28, 2005 and December 31, 2010 if: (1) The debt does not involve fraud, the presentation of a false claim, or misrepresentation by the debtor or any party having an interest in the claim; and (2) The assistance was distributed based on FEMA error; and (3) There was no fault on behalf of the debtor; and (4) The collection of the debt would be ‘‘against equity and good conscience.’’ (5) In addition, if all four conditions above are met but the debtor’s Adjusted Gross Income (AGI) is greater than $90,000, FEMA may approve no more than a partial waiver. FEMA may determine it would be against equity and good conscience to collect a debt where collection would cause serious financial hardship; where the debtor has spent the overpayment for the reason it was provided or other disaster related needs and has no present ability to reclaim the funds; more than 36 months have elapsed between the time FEMA awarded the assistance and the date final notification was provided to the debtor of the debt; and/or other personal circumstances exist where collection would be unconscionable. If FEMA determines to waive a debt pursuant to the authority provided in DARFA, the debt will cease to exist, FEMA will cease further debt collection activity with respect to the debt waived, and reimburse any payments or fees previously paid on the debt. If FEMA determines that a debt is not waived, the debtor will be notified of payment options. DARFA is a time-limited authority that only applies to very particular debts arising from FEMA individual assistance overpayments for specific disaster events. It is thus extraordinary authority and the waiver process that results from it does not apply to debts arising from delivery of any other FEMA or other Federal assistance program. Authority: Pub. L. 112–74; 31 U.S.C. 3701 et seq. Dated: February 7, 2012. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2012–3208 Filed 2–10–12; 8:45 am] BILLING CODE 9110–23–P PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5603–N–09] Notice of Submission of Proposed Information Collection to OMB CDBG Urban County/New York Towns Qualification/Requalification Process Office of the Chief Information Officer, HUD. ACTION: Notice. AGENCY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. The UC/New York Towns qualification/requalification process obtains information yearly to establish the participating population used to calculate the final grant CDBG allocations for all CDBG grantees for the next fiscal year. DATES: Comments Due Date: March 14, 2012. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2506–0170) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–5806. Email: OIRA_Submission@omb.eop.gov fax: 202–395–5806. FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at Colette.Pollard@hud.gov. or telephone (202) 402–3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed 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 SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7597-7598]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3208]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0006]


Waiver of Debt

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: FEMA is providing notice of its implementation of the Disaster 
Assistance Recoupment Fairness Act of 2011 (Pub. L. 112-74) (DARFA). 
DARFA provides the Administrator of FEMA with the authority to waive 
certain debts

[[Page 7598]]

arising from improper payments provided to disaster survivors for 
disasters declared between August 28, 2005, and December 31, 2010.

DATES: FEMA's waiver procedures are effective February 13, 2012.

ADDRESSES: ``FEMA Directive: Waiving Debts Pursuant to the Disaster 
Assistance Recoupment Fairness Act of 2011'' can be viewed at 
www.regulations.gov under Docket ID FEMA-2012-0006. Go to 
www.regulations.gov, click on ``Advanced Search,'' enter ``FEMA-2012-
0006'' in the ``By Docket ID'' box, and click ``Search.'' A hard copy 
may be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C 
Street SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Keith Turi, Federal Emergency 
Management Agency, Department of Homeland Security, 501 C Street SW., 
Washington, DC, telephone (202) 646-3642 (this is not a toll-free 
number). If you have any questions regarding a Notice of Debt or 
recoupment action, please contact the Recoupment Hotline at 1-800-816-
1122. If you have a speech disability or hearing loss and use a TTY, 
call 1-800-462-7585 directly; if you use 711 or Video Relay Service 
(VRS), call 800-816-1122.

SUPPLEMENTARY INFORMATION: 
    Pursuant to the Debt Collection Improvement Act of 1996 (Pub. L. 
104-134) and the Improper Payments Elimination and Recovery Act of 2010 
(Pub. L. 111-204), as implemented by 31 CFR Part 901, 31 CFR 902.2, and 
6 CFR Part 11, FEMA is required to recover funds improperly paid 
(overpayments). On March 15, 2011, FEMA published a notice in the 
Federal Register (76 FR 14039) that announced FEMA's recoupment process 
for collecting overpayments (debts) made in delivering temporary 
housing and other disaster-related individual assistance. This process 
provides individuals an opportunity to appeal a FEMA debt determination 
and, in some cases, to request an oral hearing.
    Some members of Congress expressed concern about the fairness of 
FEMA collecting overpayments from disaster survivors when the 
overpayment was the result of FEMA error and where a significant amount 
of time had elapsed before FEMA provided actual notice of the debt. As 
a result of these concerns, Congress passed, and the President signed, 
the Disaster Assistance Recoupment Fairness Act of 2011 (Pub. L. 112-
74) (DARFA). Pursuant to DARFA, FEMA may determine to waive a debt 
arising from improper payments provided to disaster survivors for 
disasters declared between August 28, 2005 and December 31, 2010 if:
    (1) The debt does not involve fraud, the presentation of a false 
claim, or misrepresentation by the debtor or any party having an 
interest in the claim; and
    (2) The assistance was distributed based on FEMA error; and
    (3) There was no fault on behalf of the debtor; and
    (4) The collection of the debt would be ``against equity and good 
conscience.''
    (5) In addition, if all four conditions above are met but the 
debtor's Adjusted Gross Income (AGI) is greater than $90,000, FEMA may 
approve no more than a partial waiver.
    FEMA may determine it would be against equity and good conscience 
to collect a debt where collection would cause serious financial 
hardship; where the debtor has spent the overpayment for the reason it 
was provided or other disaster related needs and has no present ability 
to reclaim the funds; more than 36 months have elapsed between the time 
FEMA awarded the assistance and the date final notification was 
provided to the debtor of the debt; and/or other personal circumstances 
exist where collection would be unconscionable.
    If FEMA determines to waive a debt pursuant to the authority 
provided in DARFA, the debt will cease to exist, FEMA will cease 
further debt collection activity with respect to the debt waived, and 
reimburse any payments or fees previously paid on the debt. If FEMA 
determines that a debt is not waived, the debtor will be notified of 
payment options.
    DARFA is a time-limited authority that only applies to very 
particular debts arising from FEMA individual assistance overpayments 
for specific disaster events. It is thus extraordinary authority and 
the waiver process that results from it does not apply to debts arising 
from delivery of any other FEMA or other Federal assistance program.

    Authority: Pub. L. 112-74; 31 U.S.C. 3701 et seq.

    Dated: February 7, 2012.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-3208 Filed 2-10-12; 8:45 am]
BILLING CODE 9110-23-P