National Flood Insurance Program: Update To Address Information for Claims Appeals, 20257-20258 [2016-08025]

Download as PDF 20257 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations Dated: March 28, 2016. Mathy Stanislaus, Assistant Administrator, Office of Land and Emergency Management. For reasons set out in the preamble, 40 CFR part 300 is amended as follows: 2. Table 1 of Appendix B to Part 300 is amended by adding entries for ‘‘PCE Former Dry Cleaner’’, ‘‘Old American Zinc Plant’’, ‘‘Iowa-Nebraska Light & Power Co’’, ‘‘Former Kil-Tone Company’’ and ‘‘Lea and West Second Street’’ in alphabetical order by state to read as follows: ■ PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for Part 300 is revised to read as follows: ■ Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Appendix B to Part 300—National Priorities List TABLE 1—GENERAL SUPERFUND SECTION Notes (a) State Site name * IA .................. * * * PCE Former Dry Cleaner ....................................................................... * Atlantic. * * * IL .................. * * * Old American Zinc Plant ........................................................................ * Fairmont City. * * * NE ................ * * * Iowa-Nebraska Light & Power Co .......................................................... * Norfolk. * * * NJ ................. * * * Former Kil-Tone Company ..................................................................... * Vineland. * * * NM ............... * * * Lea and West Second Street ................................................................. * Roswell. * * * * * * * City/county * * (a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). * * * * * Division Director, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472– 3020, 202–646–2775, or (email) Claudia.murphy@fema.dhs.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2016–07672 Filed 4–6–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 62 [Docket ID: FEMA–2016–0009] RIN 1660–AA88 National Flood Insurance Program: Update To Address Information for Claims Appeals Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: The Federal Emergency Management Agency is revising its regulations to remove address information for the National Flood Insurance Program’s claims appeals process. Lhorne on DSK5TPTVN1PROD with RULES SUMMARY: This final rule is effective April 7, 2016. FOR FURTHER INFORMATION CONTACT: Claudia Murphy, Policyholder Services DATES: VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 I. Removal of Address In accordance with Federal Emergency Management Agency (FEMA) regulations at title 44 Code of Federal Regulations (CFR) part 62, subpart B, once a flood insurer participating in the National Flood Insurance Program (NFIP) issues a final claim determination, a policyholder may appeal an action related to the claim taken by the insurer, a FEMA employee, or insurance agent. To pursue an appeal, a policyholder must submit a written appeal to FEMA within 60 days from the date of the decision. See 44 CFR 62.20(e)(1). The current regulations at § 62.20(e)(1) indicate that policyholders should submit their appeal to: DHS/ FEMA, Mitigation Directorate, Federal Insurance Administrator, 1800 S. Bell Street, Arlington, VA 20598–MS3010. FEMA is removing this address from the regulations because the Federal Insurance and Mitigation Administration (FIMA), which handles PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 claims appeals, is relocating from Arlington, Virginia to Washington, DC, and the address in the regulations will no longer be valid. Beginning April 4, 2016, policyholders should submit written appeals to FEMA at the following address: Federal Insurance and Mitigation Administration (FIMA), DHS/FEMA, 400 C Street SW., 3rd Floor, Washington, DC 20472–3020. FEMA is also introducing the option to submit written appeals via electronic mail at FEMA-NFIP-Appeals@ fema.dhs.gov. FEMA will make this information available on its Web site at www.fema.gov. FEMA has decided to no longer include the address in the regulations, and instead to continue providing the address via its Web site and requiring participating flood insurance carriers to include the address in all denial letters,1 so that it is more readily available to policyholders and so that FEMA can more easily update the address. 1 See FEMA, Memorandum For: WYO Principal Coordinators and the NFIP Direct Servicing Agent, FIMA Address Change, W–16011 (March 8, 2016), https://www.nfipiservice.com/Stakeholder/pdf/ bulletin/w-16011.pdf. E:\FR\FM\07APR1.SGM 07APR1 20258 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations II. Regulatory Analysis a. Administrative Procedure Act FEMA did not publish a Notice of Proposed Rulemaking for this regulation. FEMA finds that this rule is exempt from the Administrative Procedure Act’s (5 U.S.C. 553(b)) notice and comment rulemaking requirements because it is purely procedural in nature. This rule is making a technical change to ensure the accuracy of FEMA’s regulations as FIMA relocates from Arlington, Virginia to Washington, DC. FEMA believes this technical amendment is not controversial and will not result in any adverse comments. These changes do not confer any substantive rights, benefits, or obligations; therefore, this rule will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), FEMA has determined it has good cause to make this technical amendment effective immediately, so that appellants are aware of the new address as soon as possible and their appeals will be received at the correct address. b. Executive Order 12866, as Amended, Regulatory Planning and Review; Executive Order 13563, Improving Regulation and Regulatory Review This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, ‘‘Regulatory Planning and Review’’ (58 FR 51735, Oct. 4, 1993), accordingly FEMA has not submitted it to the Office of Management and Budget for review. As this rule involves a non-substantive change, FEMA expects that it will not impose any costs on the public. c. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601–612) requires that special consideration be given to the effects of proposed regulations on small entities. This rule does not require a Notice of Proposed Rulemaking and, therefore, is exempt from the requirements of the Regulatory Flexibility Act. Lhorne on DSK5TPTVN1PROD with RULES d. Paperwork Reduction Act of 1995 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3501–3520), FEMA reviewed this final rule and has determined that there are no new collections of information contained therein. e. 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 VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 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. f. 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. g. 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 (Act), Public Law 104– 121, 110 Stat. 873 (March 29, 1996) (5 U.S.C. 804). The rule is not a ‘‘major rule’’ within the meaning of that Act and will not result in an annual effect on the economy of $100,000,000 or more. Moreover, it will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. FEMA does not expect that it will have ‘‘significant adverse effects’’ on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises. List of Subjects in 44 CFR Part 62 Claims, Flood insurance, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Federal Emergency Management Agency is amending 44 CFR part 62 as follows: PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. 2. In § 62.20, revise paragraph (e)(1) to read as follows: ■ PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 § 62.20 Claims appeals. * * * * * (e) * * * (1) Submit a written appeal to FEMA within 60 days from the date of the decision. * * * * * Authority: 42 U.S.C. 4001 et seq. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2016–08025 Filed 4–6–16; 8:45 am] BILLING CODE 9111–A6–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 12 [PS Docket No. 14–174, FCC 15–98] Ensuring Continuity of 911 Communications Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission’s Ensuring Continuity of 911 Communications Report and Order’s (Order) consumer disclosure requirement. This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: Effective date: The amendments to 47 CFR 12.5(d), published at 80 FR 62470, October 16, 2015 are effective August 5, 2016. Compliance date: For providers with fewer than 100,000 domestic retail subscriber lines, April 1, 2017. FOR FURTHER INFORMATION CONTACT: Linda M. Pintro, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418–7490, or email: linda.pintro@fcc.gov. SUPPLEMENTARY INFORMATION: This document announces that, on March 21, 2016, OMB approved, for a period of three years, the information collection requirements relating to the subscriber notification rules contained in the Commission’s Order, FCC 15–98, published at 80 FR 62470, October 16, 2015. The OMB Control Number is 3060–1217. The Commission publishes this document as an announcement of the effective date of the rules. If you SUMMARY: E:\FR\FM\07APR1.SGM 07APR1

Agencies

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Rules and Regulations]
[Pages 20257-20258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08025]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 62

[Docket ID: FEMA-2016-0009]
RIN 1660-AA88


National Flood Insurance Program: Update To Address Information 
for Claims Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: The Federal Emergency Management Agency is revising its 
regulations to remove address information for the National Flood 
Insurance Program's claims appeals process.

DATES: This final rule is effective April 7, 2016.

FOR FURTHER INFORMATION CONTACT: Claudia Murphy, Policyholder Services 
Division Director, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 400 C Street SW., Washington, DC 
20472-3020, 202-646-2775, or (email) Claudia.murphy@fema.dhs.gov.

SUPPLEMENTARY INFORMATION:

I. Removal of Address

    In accordance with Federal Emergency Management Agency (FEMA) 
regulations at title 44 Code of Federal Regulations (CFR) part 62, 
subpart B, once a flood insurer participating in the National Flood 
Insurance Program (NFIP) issues a final claim determination, a 
policyholder may appeal an action related to the claim taken by the 
insurer, a FEMA employee, or insurance agent. To pursue an appeal, a 
policyholder must submit a written appeal to FEMA within 60 days from 
the date of the decision. See 44 CFR 62.20(e)(1).
    The current regulations at Sec.  62.20(e)(1) indicate that 
policyholders should submit their appeal to: DHS/FEMA, Mitigation 
Directorate, Federal Insurance Administrator, 1800 S. Bell Street, 
Arlington, VA 20598-MS3010. FEMA is removing this address from the 
regulations because the Federal Insurance and Mitigation Administration 
(FIMA), which handles claims appeals, is relocating from Arlington, 
Virginia to Washington, DC, and the address in the regulations will no 
longer be valid. Beginning April 4, 2016, policyholders should submit 
written appeals to FEMA at the following address: Federal Insurance and 
Mitigation Administration (FIMA), DHS/FEMA, 400 C Street SW., 3rd 
Floor, Washington, DC 20472-3020. FEMA is also introducing the option 
to submit written appeals via electronic mail at FEMA-NFIP-Appeals@fema.dhs.gov.
    FEMA will make this information available on its Web site at 
www.fema.gov. FEMA has decided to no longer include the address in the 
regulations, and instead to continue providing the address via its Web 
site and requiring participating flood insurance carriers to include 
the address in all denial letters,\1\ so that it is more readily 
available to policyholders and so that FEMA can more easily update the 
address.
---------------------------------------------------------------------------

    \1\ See FEMA, Memorandum For: WYO Principal Coordinators and the 
NFIP Direct Servicing Agent, FIMA Address Change, W-16011 (March 8, 
2016), https://www.nfipiservice.com/Stakeholder/pdf/bulletin/w-16011.pdf.

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

[[Page 20258]]

II. Regulatory Analysis

a. Administrative Procedure Act

    FEMA did not publish a Notice of Proposed Rulemaking for this 
regulation. FEMA finds that this rule is exempt from the Administrative 
Procedure Act's (5 U.S.C. 553(b)) notice and comment rulemaking 
requirements because it is purely procedural in nature. This rule is 
making a technical change to ensure the accuracy of FEMA's regulations 
as FIMA relocates from Arlington, Virginia to Washington, DC. FEMA 
believes this technical amendment is not controversial and will not 
result in any adverse comments. These changes do not confer any 
substantive rights, benefits, or obligations; therefore, this rule will 
have no substantive effect on the public.
    Under 5 U.S.C. 553(d)(3), FEMA has determined it has good cause to 
make this technical amendment effective immediately, so that appellants 
are aware of the new address as soon as possible and their appeals will 
be received at the correct address.

b. Executive Order 12866, as Amended, Regulatory Planning and Review; 
Executive Order 13563, Improving Regulation and Regulatory Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, Oct. 4, 1993), accordingly FEMA has not submitted it to the 
Office of Management and Budget for review. As this rule involves a 
non-substantive change, FEMA expects that it will not impose any costs 
on the public.

c. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires that 
special consideration be given to the effects of proposed regulations 
on small entities. This rule does not require a Notice of Proposed 
Rulemaking and, therefore, is exempt from the requirements of the 
Regulatory Flexibility Act.

d. Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Ch. 3501-3520), FEMA reviewed this final rule and has determined that 
there are no new collections of information contained therein.

e. 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 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.

f. 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.

g. 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 (Act), Public Law 104-121, 110 Stat. 873 (March 29, 
1996) (5 U.S.C. 804). The rule is not a ``major rule'' within the 
meaning of that Act and will not result in an annual effect on the 
economy of $100,000,000 or more. Moreover, it will not result in a 
major increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions. 
FEMA does not expect that it will have ``significant adverse effects'' 
on competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with foreign-
based enterprises.

List of Subjects in 44 CFR Part 62

    Claims, Flood insurance, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Federal Emergency 
Management Agency is amending 44 CFR part 62 as follows:

PART 62--SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.


0
2. In Sec.  62.20, revise paragraph (e)(1) to read as follows:


Sec.  62.20  Claims appeals.

* * * * *
    (e) * * *
    (1) Submit a written appeal to FEMA within 60 days from the date of 
the decision.
* * * * *

    Authority: 42 U.S.C. 4001 et seq.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-08025 Filed 4-6-16; 8:45 am]
BILLING CODE 9111-A6-P

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