Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation, 28786-28788 [2012-11669]

Download as PDF 28786 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations proposal as expeditiously as possible and will address relevant comments in that final action. As stated in the parallel proposal, the EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 97 Administrative practice and procedure, Air pollution control, Electric utilities, Nitrogen oxides, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: May 10, 2012. Lisa P. Jackson, Administrator. PART 97—[AMENDED] Accordingly, the revisions to the rule published in the Federal Register on February 21, 2012 (77 FR 10342) on pages 10342–10349 are withdrawn as of May 16, 2012. ■ [FR Doc. 2012–11845 Filed 5–15–12; 8:45 am] BILLING CODE 6560–50–P FEDERAL EMERGENCY MANAGEMENT AGENCY 44 CFR Part 206 [Docket ID FEMA–2010–0064] RIN 1660–AA23 Disaster Assistance; Crisis Counseling Regular Program; Amendment to Regulation Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Under the authority of Section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, the Federal Emergency Management Agency (FEMA) provides grants for crisis counseling and treatment assistance to individuals after a Presidentiallydeclared major disaster. This rule finalizes, without change, current interim regulations which establish the requirements and procedures for FEMA’s Crisis Counseling Assistance and Training Program. DATES: This rule is effective June 15, 2012. pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: FOR FURTHER INFORMATION CONTACT: Randall Kinder, Individual Assistance Division, Recovery Directorate, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472–3100, 202–212–1000; (email) fema-ia-regulations@dhs.gov. VerDate Mar<15>2010 15:22 May 15, 2012 Jkt 226001 SUPPLEMENTARY INFORMATION: I. Background The Crisis Counseling Assistance and Training Program (CCP) is funded by FEMA under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121–5207. The Stafford Act was designed to supplement the efforts and available resources of State, Tribal and local governments in alleviating the damage, loss, hardship, or suffering caused by a Presidentiallydeclared disaster. Specifically, section 416 of the Stafford Act (42 U.S.C. 5183) authorizes FEMA to provide supplemental funding for short-term mental health assistance and training activities for eligible victims of a Presidentially-declared major disaster. Three entities are eligible to apply for and receive CCP funding: States, U.S. Territories, and Federally-recognized Indian Tribes. There are two separate grant programs that can be funded: The Immediate Services Program (ISP), which provides eligible costs for up to 60 days after the date of the disaster declaration; and the Regular Services Program (RSP) which provides 9 months of crisis counseling, community outreach and consultation and education services. FEMA may extend the period of the RSP beyond 9 months in limited circumstances for major disasters with catastrophic impact. On March 21, 1989, FEMA published an interim rule (54 FR 11610) which reorganized its crisis counseling regulations for the reader’s convenience, and made three substantive changes to the program. The first of those changes established a 60-day period for the State to appeal FEMA’s decision regarding reconsiderations and termination of assistance for both the ISP and RSP portions of the crisis counseling program. Second, the rule clarified that an application for the ISP must be submitted within 14 days of the declaration date. Finally, the rule allowed documented eligible expenses to be reimbursable from the incident date, rather than the declaration date, as specified in section 424 of the Stafford Act. On March 3, 2003, FEMA published another interim rule (68 FR 9899) which amended the 1989 interim rule to allow FEMA greater flexibility to extend the program period for the RSP. Prior to the 2003 interim rule, the program period for the RSP was 9 months, and could be extended by FEMA for an additional 90 days. Under the 2003 interim rule, FEMA may extend the program period beyond the initial 9 months, and the additional 90 days, in limited PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 circumstances for major disasters with catastrophic impact. This change was made retroactive to apply to the major disasters declared in New York and Virginia as a result of the events of September 11, 2001. II. Discussion of the Public Comments Received FEMA solicited public comment on both the 1989 and 2003 interim regulations, and received one comment. The commenter wrote in response to the 2003 interim rule and requested that the benefits of this program be extended to the ‘‘War on Terror’’ so that all Americans could receive counseling or support. The commenter specifically requested assistance for families of soldiers in Iraq. FEMA’s authority to provide crisis counseling assistance is limited in duration and limited in scope to only those areas in which the President has declared a major disaster. FEMA is unable to grant the commenter’s request. However, there are many other counseling and assistance programs that are available to individuals who are grieving or troubled. Individuals may choose to contact the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) treatment locater service, which offers assistance in finding local mental health and substance abuse treatment. They are available at https://samhsa.gov/ treatment/index.aspx or by calling 1– 800–662–HELP (4357), 24 hours a day, 7 days a week. Other services may be provided by Mental Health America at www.mentalhealthamerica.net. In many areas of the country, referrals to essential service providers can be made through the local 2–1–1 hotline; more information about that program is available at: https://211us.org. In addition, the individuals can call the National Suicide Prevention Lifeline at 1–800–273–TALK or via the Web at https:// www.suicidepreventionlifeline.org. Callers are routed to a suicide prevention call center near them based on the area code from which they are calling. Lastly, States often have additional crisis hotlines that are listed in the Blue Pages. For those who are in or who have family in the military, The Army Family Assistance Hotline is 1–800–833–6622. The Marine Corps Community Service Centers may be contacted at 1–800–253– 1624 (west of the Mississippi) and 1– 800–336–4663 (east of the Mississippi). Information for Air Force families may be found at https://ra.defense.gov/ documents/toolkit/ E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations familyReadinessEdge.pdf. The Coast Guard’s Work-Life branch may be found at www.uscg.mil/worklife/default.asp. Information about the Navy’s Fleet and Family Support Services may be found at www.cnic.navy.mil/CNIC_HQ_Site/ WhatWeDo/ FleetAndFamilySupportServices/ index.htm. The U.S. Department of Veteran Affairs Web site also contains information that may also be of use for grieving families. Their Web site may be found at www.va.gov. Additionally, the National Military Family Association provides information at www.militaryfamily.org. pmangrum on DSK3VPTVN1PROD with RULES III. Statutory and Regulatory Review A. Executive Order 12866 (Regulatory Planning and Review) and Executive Order 13563 (Improving Regulation and Regulatory Review) Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. This rule finalizes two interim rules without change and merely codifies current practice since 2003. Under the first interim rule (54 FR 11610) in 1989, eligible expenses are reimbursable from the incident date, rather than the declaration date. This change increased the CCP assistance amounts because the incident date starts before the declaration date for almost all disasters. Under the second interim rule (68 FR 9899) in 2003, FEMA may extend the program period for the RSP beyond the initial 9 months and the additional 90 days, in limited circumstances for major disasters with catastrophic impact. This provision increased the CCP assistance amounts because grantees (State mental health authorities) are provided more funding for the extended program period. However, this provision has been used only on rare occasions. The second interim rule stated that this provision applied retroactively to the major disasters declared in New York and Virginia as a result of the events of September 11, 2001. From 2005 to 2009, VerDate Mar<15>2010 15:22 May 15, 2012 Jkt 226001 the only disasters that exceeded the initial nine-month and the additional 90-day period were Hurricane Gustav in Louisiana, Hurricane Rita in Louisiana, and Hurricane Katrina in Georgia, Missouri, Mississippi, and Louisiana. B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), requires Federal agencies to consider the potential impact of regulations on small businesses, small governmental jurisdictions, and small organizations during the development of their rules. This rule merely codifies current practice since 2003 and is not expected to impose any direct compliance cost on small entities. FEMA certifies that this final rule will not have a significant economic impact on a substantial number of small entities. C. Paperwork Reduction Act of 1995 As required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13 (44 U.S.C. 3501 et seq.), as amended, 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. Although this final rule will not result in a new collection of information affected by the PRA, the collection of information for the Crisis Counseling Assistance and Training Program— Immediate Services Program has been assigned OMB control number 1660– 0085, and is approved through March 31, 2013. D. Executive Order 13132, Federalism A rule has implications for federalism under Executive Order 13132, Federalism (64 FR 43255, Aug. 10, 1999), if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. FEMA has analyzed this rule under that Order and determined that it does not have implications for federalism. E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, Public Law 104–4, 109 Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal agencies to assess the effects of their discretionary regulatory actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 28787 for inflation) or more in any one year. The Unfunded Mandates Reform Act, however, does not apply to regulations that provide for emergency assistance or relief at the request of any State, local, or Tribal government or any official of a State, local, or Tribal government (2 U.S.C. 1503). Because the crisis counseling program provides emergency assistance grants from FEMA at the request of a State, Tribe or territory, the requirements of this Act do not apply. F. Executive Order 12630, Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights (53 FR 8859, Mar. 18, 1988). G. Executive Order 12898, Environmental Justice Under Executive Order 12898, as amended, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, Feb. 16, 1994), FEMA has undertaken to incorporate environmental justice into its policies and programs. Executive Order 12898 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, denying persons the benefit of, or subjecting persons to discrimination because of their race, color, or national origin or income level. No action that FEMA can anticipate under this rule will have a disproportionately high and adverse human health or environmental effect on any segment of the population. Accordingly, the requirements of Executive Order 12898 do not apply to this final rule. H. Executive Order 12988, Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform (61 FR 4729, Feb. 7, 1996), to minimize litigation, eliminate ambiguity, and reduce burden. I. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments (65 FR E:\FR\FM\16MYR1.SGM 16MYR1 28788 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations 67249, Nov. 9, 2000), because 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. W. Craig Fugate, Administrator, Federal Emergency Management Agency. J. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks DEPARTMENT OF HEALTH AND HUMAN SERVICES 9899), is adopted as a final rule without change. [FR Doc. 2012–11669 Filed 5–15–12; 8:45 am] BILLING CODE 9111–23–P This rule will not create environmental health risks or safety risks for children under Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997). K. National Environmental Policy Act This rule is not a major agency action, nor will it affect the quality of the environment. 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 of 1969, Public Law 91–190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.), as amended. L. Congressional Review of Agency Rulemaking FEMA has sent this final rule to the Congress and to the Government Accountability Office under the Congressional Review of Agency Rulemaking Act, (‘‘Congressional Review Act’’), Public Law 104–121, 110 Stat. 873 (Mar. 29, 1996) (5 U.S.C. 804). This rule is not a ‘‘major rule’’ within the meaning of the Congressional Review Act. List of Subjects in 44 CFR Part 206 pmangrum on DSK3VPTVN1PROD with RULES Administrative practice and procedure, Coastal zone, Community facilities, Disaster assistance, Fire prevention, Grant programs—housing and community development, Housing, Insurance, Intergovernmental relations, Loan programs—housing and community development, Natural resources, Penalties, Reporting and recordkeeping requirements. PART 206—FEDERAL DISASTER ASSISTANCE Accordingly, 44 CFR 206.171 of the interim rule published on March 21, 1989 (54 FR 11610), with the amendment to 206.171(g)(4)(i) published on March 3, 2003 (68 FR ■ VerDate Mar<15>2010 15:22 May 15, 2012 Jkt 226001 45 CFR Part 158 [CMS–9998–IFC3] Health Insurance Issuers Implementing Medical Loss Ratio (MLR) Under the Patient Protection and Affordable Care Act; Correcting Amendment Center for Medicare and Medicaid Services (CMS), Department of Health and Human Services. ACTION: Interim final rule; correcting amendment. AGENCY: requirements for health insurance issuers under section 2718 of the Public Health Service Act, as added by the Patient Protection and Affordable Care Act. The regulations in the 2010 MLR rule became effective January 1, 2011. On December 30, 2010, we published a correction notice in the Federal Register (75 FR 82277) (hereinafter referred to as the ‘‘2010 MLR correction notice’’) to correct several regulations set forth in the 2010 MLR rule. The regulations in the 2010 MLR correction notice became effective January 1, 2011, as if they had been included in the 2010 MLR interim final rule. The provisions in this correcting amendment are also effective as if they had been included in the 2010 MLR interim final rule. Accordingly, the corrections are effective January 1, 2011. B. Overview of the Deadline for Issuers To Report Their Annual Experience The 2010 MLR rule established details regarding an issuer’s obligation under section 2718 to report information (for SUMMARY: This document corrects the prior calendar year) to the technical errors that appeared in the Department of Health and Human interim final rule published in the Services (HHS) by June 1st of each year Federal Register on December 1, 2010, on how it used its premium revenue. entitled ‘‘Health Insurance Issuers The first such report is due on June 1, Implementing Medical Loss Ratio (MLR) 2012. This information is used by HHS Requirements under the Patient to determine the issuer’s MLR for the Protection and Affordable Care Act’’ and year in question, which reflects the in the correction notice published in the percentage of premium revenue Federal Register on December 30, 2010, expended on medical claims and health entitled ‘‘Health Insurance Issuers care quality improvement. Section 2718 Implementing Medical Loss Ratio (MLR) establishes MLR standards for the Requirements Under the Patient percentage that must be spent on such Protection and Affordable Care Act; costs: 80 percent for the individual and Corrections to the Medical Loss Ratio small group insurance markets and 85 Interim Final Rule With Request for percent for the large group market. An Comments.’’ issuer that fails to meet the applicable DATES: Effective date: This document is MLR standard must pay a premium effective on May 16, 2012. rebate to policyholders. To assist the Applicability date: The corrections are issuer with reporting its experience, applicable on January 1, 2011. HHS developed and published an MLR Annual Reporting Form, with FOR FURTHER INFORMATION CONTACT: instructions, that the issuer must Carol Jimenez, (301) 492–4457, complete and submit. This correcting MLRQuestions@cms.hhs.gov. amendment makes minor revisions to SUPPLEMENTARY INFORMATION: the regulations to help clarify how an issuer will capture and report its 2011 I. Background experience. Because these corrections In FR Doc. 2010–29596 of December merely clarify the terms of the 2010 1, 2010 (75 FR 74864) and FR Doc. MLR interim final rule that took effect 2010–32466 of December 30, 2010 (75 on January 1, 2011, the changes in this FR 82277), there were a number of correcting amendment are applicable on technical errors that are identified and January 1, 2011. corrected in the ‘‘Correction of Errors’’ section below. II. Summary of Errors A. Regulatory Overview On December 1, 2010, we published an interim final rule in the Federal Register (75 FR 74864) (hereinafter referred to as the ‘‘2010 MLR rule’’) to implement medical loss ratio (MLR) PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 A. Corrections of Errors in the 2010 MLR Rule Preamble We are making several technical and clarifying changes to the 2010 MLR rule. On page 74868, in the section regarding small group market and large group E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28786-28788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11669]


=======================================================================
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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

[Docket ID FEMA-2010-0064]
RIN 1660-AA23


Disaster Assistance; Crisis Counseling Regular Program; Amendment 
to Regulation

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Under the authority of Section 416 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, as amended, the Federal 
Emergency Management Agency (FEMA) provides grants for crisis 
counseling and treatment assistance to individuals after a 
Presidentially-declared major disaster. This rule finalizes, without 
change, current interim regulations which establish the requirements 
and procedures for FEMA's Crisis Counseling Assistance and Training 
Program.

DATES: This rule is effective June 15, 2012.

FOR FURTHER INFORMATION CONTACT: Randall Kinder, Individual Assistance 
Division, Recovery Directorate, Department of Homeland Security, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472-3100, 202-212-1000; (email) fema-ia-regulations@dhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Crisis Counseling Assistance and Training Program (CCP) is 
funded by FEMA under the authority of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121-
5207. The Stafford Act was designed to supplement the efforts and 
available resources of State, Tribal and local governments in 
alleviating the damage, loss, hardship, or suffering caused by a 
Presidentially-declared disaster. Specifically, section 416 of the 
Stafford Act (42 U.S.C. 5183) authorizes FEMA to provide supplemental 
funding for short-term mental health assistance and training activities 
for eligible victims of a Presidentially-declared major disaster.
    Three entities are eligible to apply for and receive CCP funding: 
States, U.S. Territories, and Federally-recognized Indian Tribes. There 
are two separate grant programs that can be funded: The Immediate 
Services Program (ISP), which provides eligible costs for up to 60 days 
after the date of the disaster declaration; and the Regular Services 
Program (RSP) which provides 9 months of crisis counseling, community 
outreach and consultation and education services. FEMA may extend the 
period of the RSP beyond 9 months in limited circumstances for major 
disasters with catastrophic impact.
    On March 21, 1989, FEMA published an interim rule (54 FR 11610) 
which reorganized its crisis counseling regulations for the reader's 
convenience, and made three substantive changes to the program. The 
first of those changes established a 60-day period for the State to 
appeal FEMA's decision regarding reconsiderations and termination of 
assistance for both the ISP and RSP portions of the crisis counseling 
program. Second, the rule clarified that an application for the ISP 
must be submitted within 14 days of the declaration date. Finally, the 
rule allowed documented eligible expenses to be reimbursable from the 
incident date, rather than the declaration date, as specified in 
section 424 of the Stafford Act.
    On March 3, 2003, FEMA published another interim rule (68 FR 9899) 
which amended the 1989 interim rule to allow FEMA greater flexibility 
to extend the program period for the RSP. Prior to the 2003 interim 
rule, the program period for the RSP was 9 months, and could be 
extended by FEMA for an additional 90 days. Under the 2003 interim 
rule, FEMA may extend the program period beyond the initial 9 months, 
and the additional 90 days, in limited circumstances for major 
disasters with catastrophic impact. This change was made retroactive to 
apply to the major disasters declared in New York and Virginia as a 
result of the events of September 11, 2001.

II. Discussion of the Public Comments Received

    FEMA solicited public comment on both the 1989 and 2003 interim 
regulations, and received one comment. The commenter wrote in response 
to the 2003 interim rule and requested that the benefits of this 
program be extended to the ``War on Terror'' so that all Americans 
could receive counseling or support. The commenter specifically 
requested assistance for families of soldiers in Iraq.
    FEMA's authority to provide crisis counseling assistance is limited 
in duration and limited in scope to only those areas in which the 
President has declared a major disaster. FEMA is unable to grant the 
commenter's request. However, there are many other counseling and 
assistance programs that are available to individuals who are grieving 
or troubled. Individuals may choose to contact the Department of Health 
and Human Services Substance Abuse and Mental Health Services 
Administration (SAMHSA) treatment locater service, which offers 
assistance in finding local mental health and substance abuse 
treatment. They are available at https://samhsa.gov/treatment/index.aspx 
or by calling 1-800-662-HELP (4357), 24 hours a day, 7 days a week. 
Other services may be provided by Mental Health America at 
www.mentalhealthamerica.net. In many areas of the country, referrals to 
essential service providers can be made through the local 2-1-1 
hotline; more information about that program is available at: https://211us.org. In addition, the individuals can call the National Suicide 
Prevention Lifeline at 1-800-273-TALK or via the Web at https://www.suicidepreventionlifeline.org. Callers are routed to a suicide 
prevention call center near them based on the area code from which they 
are calling. Lastly, States often have additional crisis hotlines that 
are listed in the Blue Pages.
    For those who are in or who have family in the military, The Army 
Family Assistance Hotline is 1-800-833-6622. The Marine Corps Community 
Service Centers may be contacted at 1-800-253-1624 (west of the 
Mississippi) and 1-800-336-4663 (east of the Mississippi). Information 
for Air Force families may be found at https://ra.defense.gov/documents/
toolkit/

[[Page 28787]]

familyReadinessEdge.pdf. The Coast Guard's Work-Life branch may be 
found at www.uscg.mil/worklife/default.asp. Information about the 
Navy's Fleet and Family Support Services may be found at 
www.cnic.navy.mil/CNIC_HQ_Site/WhatWeDo/FleetAndFamilySupportServices/index.htm. The U.S. Department of Veteran 
Affairs Web site also contains information that may also be of use for 
grieving families. Their Web site may be found at www.va.gov. 
Additionally, the National Military Family Association provides 
information at www.militaryfamily.org.

III. Statutory and Regulatory Review

A. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget.
    This rule finalizes two interim rules without change and merely 
codifies current practice since 2003. Under the first interim rule (54 
FR 11610) in 1989, eligible expenses are reimbursable from the incident 
date, rather than the declaration date. This change increased the CCP 
assistance amounts because the incident date starts before the 
declaration date for almost all disasters. Under the second interim 
rule (68 FR 9899) in 2003, FEMA may extend the program period for the 
RSP beyond the initial 9 months and the additional 90 days, in limited 
circumstances for major disasters with catastrophic impact. This 
provision increased the CCP assistance amounts because grantees (State 
mental health authorities) are provided more funding for the extended 
program period. However, this provision has been used only on rare 
occasions. The second interim rule stated that this provision applied 
retroactively to the major disasters declared in New York and Virginia 
as a result of the events of September 11, 2001. From 2005 to 2009, the 
only disasters that exceeded the initial nine-month and the additional 
90-day period were Hurricane Gustav in Louisiana, Hurricane Rita in 
Louisiana, and Hurricane Katrina in Georgia, Missouri, Mississippi, and 
Louisiana.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121), requires Federal agencies to consider the 
potential impact of regulations on small businesses, small governmental 
jurisdictions, and small organizations during the development of their 
rules. This rule merely codifies current practice since 2003 and is not 
expected to impose any direct compliance cost on small entities. FEMA 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities.

C. Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public 
Law 104-13 (44 U.S.C. 3501 et seq.), as amended, 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.
    Although this final rule will not result in a new collection of 
information affected by the PRA, the collection of information for the 
Crisis Counseling Assistance and Training Program--Immediate Services 
Program has been assigned OMB control number 1660-0085, and is approved 
through March 31, 2013.

D. Executive Order 13132, Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism (64 FR 43255, Aug. 10, 1999), if it has a substantial direct 
effect on State or local governments and would either preempt State law 
or impose a substantial direct cost of compliance on them. FEMA has 
analyzed this rule under that Order and determined that it does not 
have implications for federalism.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal 
agencies to assess the effects of their discretionary regulatory 
actions that may result in the expenditure by a State, local, or Tribal 
government, in the aggregate, or by the private sector of $100,000,000 
(adjusted for inflation) or more in any one year. The Unfunded Mandates 
Reform Act, however, does not apply to regulations that provide for 
emergency assistance or relief at the request of any State, local, or 
Tribal government or any official of a State, local, or Tribal 
government (2 U.S.C. 1503). Because the crisis counseling program 
provides emergency assistance grants from FEMA at the request of a 
State, Tribe or territory, the requirements of this Act do not apply.

F. Executive Order 12630, Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, Mar. 18, 1988).

G. Executive Order 12898, Environmental Justice

    Under Executive Order 12898, as amended, Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, Feb. 16, 1994), FEMA has undertaken to 
incorporate environmental justice into its policies and programs. 
Executive Order 12898 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, denying persons the benefit of, or 
subjecting persons to discrimination because of their race, color, or 
national origin or income level.
    No action that FEMA can anticipate under this rule will have a 
disproportionately high and adverse human health or environmental 
effect on any segment of the population. Accordingly, the requirements 
of Executive Order 12898 do not apply to this final rule.

H. Executive Order 12988, Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform (61 FR 4729, Feb. 7, 
1996), to minimize litigation, eliminate ambiguity, and reduce burden.

I. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR

[[Page 28788]]

67249, Nov. 9, 2000), because 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.

J. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    This rule will not create environmental health risks or safety 
risks for children under Executive Order 13045, Protection of Children 
From Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 
1997).

K. National Environmental Policy Act

    This rule is not a major agency action, nor will it affect the 
quality of the environment. 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 of 1969, 
Public Law 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et 
seq.), as amended.

L. Congressional Review of Agency Rulemaking

    FEMA has sent this final rule to the Congress and to the Government 
Accountability Office under the Congressional Review of Agency 
Rulemaking Act, (``Congressional Review Act''), Public Law 104-121, 110 
Stat. 873 (Mar. 29, 1996) (5 U.S.C. 804). This rule is not a ``major 
rule'' within the meaning of the Congressional Review Act.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community 
facilities, Disaster assistance, Fire prevention, Grant programs--
housing and community development, Housing, Insurance, 
Intergovernmental relations, Loan programs--housing and community 
development, Natural resources, Penalties, Reporting and recordkeeping 
requirements.

PART 206--FEDERAL DISASTER ASSISTANCE

0
Accordingly, 44 CFR 206.171 of the interim rule published on March 21, 
1989 (54 FR 11610), with the amendment to 206.171(g)(4)(i) published on 
March 3, 2003 (68 FR 9899), is adopted as a final rule without change.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-11669 Filed 5-15-12; 8:45 am]
BILLING CODE 9111-23-P
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