Update of FEMA's Public Assistance and Fire Management Assistance Grant Regulations To Reflect the Terminology of Uniform Administrative Requirements, Cost Principles, and Audit Requirements, 40-44 [2016-31380]

Download as PDF 40 § 457.1201 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations [Amended] 12. In § 457.1201— a. Amend paragraph (l) by removing the reference ‘‘§ 438.3(n).’’ and adding in its place the reference ‘‘§ 457.496.’’. ■ b. Amend paragraph (n)(2) by removing the phrase ‘‘(cross-referencing § 438.330(b)(3), (c),’’ and adding in its place the phrase ‘‘(cross-referencing § 438.330(b)(2), (b)(3), (c),’’. PAHP complies with the coverage and authorization of services requirements in accordance with the terms of § 438.210 of this chapter, except that the following do not apply: § 438.210(a)(5) of this chapter (related to medical necessity standard); § 438.210(b)(2)(iii) of this chapter (related to authorizing LTSS), and § 438.210(f) (relating to the applicability date). DEPARTMENT OF HOMELAND SECURITY § 457.1203 § 457.1233 Update of FEMA’s Public Assistance and Fire Management Assistance Grant Regulations To Reflect the Terminology of Uniform Administrative Requirements, Cost Principles, and Audit Requirements ■ ■ [Amended] 13. In § 457.1203— a. Amend paragraph (a) by removing the open parenthesis ‘‘(’’ before the word ‘‘implementing’’. ■ b. Amend paragraph (e) by adding a comma ‘‘,’’ after the term ‘‘MCOs’’ and by removing the word ‘‘to’’ after the word ‘‘under’’. ■ ■ § 457.1210 [Amended] 14. In § 457.1210— a. Amend paragraph (c)(2) by removing the word ‘‘Explains’’ and adding in its place the word ‘‘Explain’’. ■ b. Amend paragraph (c)(4) by removing the word ‘‘Explains’’ and adding in its place the word ‘‘Explain’’. ■ 15. Section 457.1214 is revised to read as follows: ■ ■ § 457.1214 Conflict of interest safeguards. The State must have in effect safeguards against conflict of interest in accordance with the terms of § 438.58 of this chapter, except that references to § 438.54(b) should be read to refer to the enrollment processes described in § 457.1210(a). ■ 16. Section 457.1228 is revised to read as follows: § 457.1228 Emergency and poststabilization services. The State must ensure that emergency and poststabilization care services are available and accessible to enrollees in accordance with the terms of § 438.114 of this chapter. ■ 17. Section 457.1230 is amended by revising paragraphs (c) and (d) to read as follows: § 457.1230 sradovich on DSK3GMQ082PROD with RULES * * * * (c) Coordination and continuity of care. The State must ensure, through its contracts, that each MCO, PIHP and PAHP complies with the coordination and continuity of care requirements in accordance with the terms of § 438.208 of this chapter, except that the applicability date in § 438.208(d) does not apply. (d) Coverage and authorization of services. The State must ensure, through its contracts, that each MCO, PIHP or 22:11 Dec 30, 2016 18. In § 457.1233 amend paragraph (b) by removing the phrase ‘‘and PAHP’’ and adding in its place the term ‘‘PAHP, and PCCM’’. ■ 19. Section 457.1240 is amended by revising paragraph (e) and correcting the heading for paragraph (f) to read as follows: ■ § 457.1240 Quality measurement and improvement. * * * * * (e) Managed care quality strategy. The State must draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished CHIP enrollees as described in § 438.340 of this chapter. (f) Applicability to PCCM entities. * * * 20. Section 457.1250 is amended by revising paragraph (a) to read as follows: ■ § 457.1250 External quality review. (a) Each State that contracts with MCOs, PIHPs, or PAHPs must follow all applicable external quality review requirements as set forth in §§ 438.350 (except for references to §§ 438.362), 438.352, 438.354, 438.356, 438.358, 438.360 (only with respect to nonduplication of EQR activities with private accreditation) and § 438.364 of this chapter. In the case of a contract with a PCCM entity described in § 457.1240(f), § 438.350 (except for references to § 438.362) of this chapter applies. * * * * * 21. Section 457.1260 is revised by adding a sentence at the end of the section to read as follows: ■ Access Standards * VerDate Sep<11>2014 [Amended] Jkt 241001 § 457.1260 Grievance system. * * * The applicability date in § 438.400(c) does not apply to CHIP. Dated: December 21, 2016. Wilma M. Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016–31650 Filed 12–30–16; 8:45 am] BILLING CODE 4120–01–P PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Federal Emergency Management Agency 44 CFR Parts 204, 206, and 207 [Docket ID: FEMA–2016–0034] RIN 1660–AA89 Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: The Federal Emergency Management Agency (FEMA) is amending its Public Assistance and Fire Management Assistance Grant regulations to update the terms it uses to describe grantees and subgrantees, to reflect the terminology used in the Office of Management and Budget (OMB) Uniform Guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. DATES: Effective January 3, 2017. FOR FURTHER INFORMATION CONTACT: Christopher Logan, Director, Public Assistance Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202–646–3834. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Stafford Act), Title 42 of the United States Code (U.S.C.) 5121 et seq., authorizes the President to provide Federal assistance when the magnitude of an incident or threatened incident exceeds the affected State, Territorial, Indian Tribal, and local government capabilities to respond or recover. FEMA provides assistance to State, Territorial, Indian Tribal, and local governments and certain types of private nonprofit (PNP) organizations via its Public Assistance program. Through the Public Assistance program, FEMA provides supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities and the facilities of certain PNP organizations. The Public Assistance program also encourages protection of these damaged facilities from future events by providing E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES assistance for hazard mitigation measures. FEMA regulations for the Public Assistance program are found at 44 CFR part 206. The regulations at 44 CFR part 207, ‘‘Management Costs,’’ also apply to Public Assistance awards. Fire Management Assistance is available to States, local and tribal governments, for the mitigation, management, and control of fires on publicly or privately owned forests or grasslands, which threaten such destruction as would constitute a major disaster. FEMA Regional Administrators (RAs) have the authority to issue Fire Management Assistance Grant (FMAG) declarations for wildfires that threaten such destruction that would constitute a major disaster. The regulations governing the FMAG program are found at 44 CFR part 204. The Office of Management and Budget (OMB) establishes Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, found at 2 CFR part 200. These regulations apply to awards under FEMA’s Public Assistance and FMAG programs. II. The Adoption of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards On December 26, 2013, OMB published final government-wide guidance entitled, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 78 FR 78589. The Uniform Guidance set standard requirements for Federal awards across the entire Federal government and consolidated the language from OMB circulars into one set of guidance that is located at 2 CFR part 200. In December 2014, OMB and Federal award-making agencies published a joint interim final rule that implemented the Uniform Guidance. 79 FR 75871. DHS adopted the Uniform Guidance at 2 CFR part 3002. In the interim final rule, FEMA amended 44 CFR via a technical amendment that removed part 13 (FEMA’s grant administration regulations) and replaced all references to part 13 with references to 2 CFR parts 200 and 3002. FEMA replaced general references to part 13 with the general citations to 2 CFR parts 200 and 3002. To the extent applicable, FEMA also replaced references to specific portions of part 13 with the corresponding pinpoint citations to 2 CFR parts 200 and 3002. FEMA adopted the interim final rule as final, with one change, on October 2, 2015. 80 FR 59549. The change was a VerDate Sep<11>2014 22:11 Dec 30, 2016 Jkt 241001 reinsertion of a provision that was inadvertently removed by the interim final rule. § 206.221(e). In § 206.226(f)(2), the reference to paragraph (d)(1) will be corrected to paragraph (f)(1). III. Revisions to 44 CFR Parts 204 and 206 In this final rule, FEMA is updating its Public Assistance and FMAG program regulations to reflect two terms used in 2 CFR part 200. The Uniform Guidance uses the terms ‘‘recipient’’ and ‘‘subrecipient’’ when referring to entities that receive Federal awards, whereas FEMA’s regulations use the terms ‘‘grantee’’ and ‘‘subgrantee’’ when referring to entities that receive Federal awards under FEMA Public Assistance and FMAG grant programs. To improve consistency with the Uniform Guidance, FEMA is replacing the term ‘‘grantee’’ with ‘‘recipient’’ and the term ‘‘subgrantee’’ with ‘‘subrecipient’’ throughout 44 CFR part 204 and 44 CFR part 206, subparts G, H, and I. Although grantees and subgrantees, as defined in 44 CFR parts 204 and 206, are considered to be recipients and subrecipients under 2 CFR part 200, FEMA intends to use comparable terms to avoid confusion and provide consistency between applicable regulations and Public Assistance policy.1 FEMA is not making substantive revisions to the current definitions for the terms ‘‘grantee’’ and ‘‘subgrantee.’’ The Uniform Guidance provides that ‘‘[d]ifferent definitions [of the terms ‘‘recipient’’ and ‘‘subrecipient,’’ among other terms] may be found in Federal statutes or regulations that apply more specifically to particular programs or activities.’’ 2 CFR 200.1. As such, although FEMA is replacing the terms ‘‘grantee’’ and ‘‘subgrantee’’ with the terms ‘‘recipient’’ and ‘‘subrecipient,’’ respectively, FEMA is continuing to use the definitions for these terms at 44 CFR part 204 and 44 CFR part 206, subpart G, which apply more specifically to the Public Assistance and FMAG programs.2 FEMA is also replacing remaining references to 44 CFR part 13 with references to 2 CFR part 200. This is a technical change to correct citations that were not updated by the December 19, 2014 joint interim final rule. Finally, FEMA is correcting two typographical errors to citations in 44 CFR part 206. In § 206.222(b), the reference to § 205.221(e) will be corrected to 41 IV. Revisions to 44 CFR Part 207 1 FEMA has updated its Public Assistance program policy to reflect terms used in 2 CFR part 200. Public Assistance Program and Policy Guide, FP 104–009–2 (January 2016). 2 Because FEMA is replacing the terms in existing definitions, we are redesignating the paragraphs in § 206.201 to maintain alphabetical order. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 The regulations at 44 CFR part 207, ‘‘Management Costs,’’ apply to Public Assistance and Hazard Mitigation Grant Program (HMGP) awards. To ensure consistency with the terminology used in both Public Assistance and HMGP regulations, FEMA is revising the definitions of ‘‘Grantee’’ and ‘‘Subgrantee’’ in 44 CFR part 207 to make clear that in part 207 as well, the terms ‘‘Grantee’’ and ‘‘Recipient’’ are interchangeable, as are the terms ‘‘Subgrantee’’ and ‘‘Subrecipient.’’ This is a non-substantive change to make it clear that the terms are interchangeable and that 44 CFR part 207 applies to Public Assistance and HMGP awards regardless of the terminology used in the program regulations. This rule makes technical and nomenclature changes intended to reduce confusion and encourage the use of consistent terminology in the administration of Public Assistance and FMAG awards. V. Regulatory Analyses A. Administrative Procedure Act FEMA did not undertake notice and comment for this regulation because it is making purely technical and nonsubstantive terminology changes. The Administrative Procedure Act (APA) provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for good cause, finds those procedures are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b). FEMA finds that such procedures are unnecessary for this rule because this rule makes technical updates and nonsubstantive terminology changes to improve consistency with 2 CFR part 200, and does not change any regulatory requirements. For instance, this rule will not change the requirements to request assistance, the eligibility requirements to receive assistance, the amount of assistance available, or the appeals process under the FMAG or Public Assistance programs. The changes made by this rule do not change or confer any substantive rights, benefits or obligations. For the same reasons, under 5 U.S.C. 553(d)(3), FEMA finds that it has good cause to make this final rule effective immediately. E:\FR\FM\03JAR1.SGM 03JAR1 42 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations B. Executive Order 12866, as Amended, Regulatory Planning and Review; 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. As this rule involves non-substantive changes that will not change FEMA’s administration of the subject regulations, FEMA expects that the rule will not impose any costs on the public. C. Regulatory Flexibility Act Under the Regulatory Flexibility Act, as amended, (5 U.S.C. 601–612), agencies must consider the impact of their rulemakings on ‘‘small entities’’ (small businesses, small organizations and local governments) when issuing a notice of proposed rulemaking. As FEMA is not issuing a proposed rule for this action, the Regulatory Flexibility Act does not apply. List of Subjects sradovich on DSK3GMQ082PROD with RULES 22:11 Dec 30, 2016 Jkt 241001 1. The authority citation for part 204 continues to read as follows: ■ Authority: 42 U.S.C. 5121 through 5207; 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1. § 204.3 [Amended] 2. In § 204.3— a. Revise the defined term ‘‘Grantee’’ to read ‘‘Recipient’’ and place the definition in appropriate alphabetical order; ■ b. Revise the defined term ‘‘Subgrantee’’ to read ‘‘Subrecipient’’ and place the definition in appropriate alphabetical order; ■ c. Remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; ■ d. Remove the word ‘‘grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and ■ e. Remove the word ‘‘subgrantee’’ wherever it appears and add in its place the word ‘‘subrecipient’’. ■ ■ § 204.25 [Amended] 3. In § 204.25(a), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’. ■ § 204.41 [Amended] 4. In § 204.41(a) introductory text, remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’. ■ [Amended] 5. In § 204.42(a)(3), remove the word ‘‘Grantees’’ and add in its place the word ‘‘Recipients’’ and remove the word ‘‘subgantees’’ and add in its place the word ‘‘subrecipients’’. ■ 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, and Reporting and recordkeeping requirements. VerDate Sep<11>2014 PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM § 204.42 44 CFR Part 204 Administrative practice and procedure, Fire prevention, Grant programs, and Reporting and recordkeeping requirements. 44 CFR Part 207 Administrative practice and procedure, Disaster assistance, Grant programs, and Reporting and recordkeeping requirements. For the reasons discussed in the preamble, and under the authorities listed below, the Federal Emergency Management Agency amends 44 CFR Chapter I as follows: § 204.43 [Amended] 6. In § 206.43(c), remove the word ‘‘subgrantee’s’’ and add in its place the word ‘‘subrecipient’s’’. ■ § 204.51 [Amended] 7. In § 204.51, remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’. ■ § 204.52 8. In § 204.52, remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’. [Amended] 9. In § 204.53(a), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’. Frm 00038 Fmt 4700 § 204.62 [Amended] 11. In § 204.62(c), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’ and remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’. ■ § 204.63 [Amended] 12. In § 204.63(b), remove the word ‘‘Grantee’s’’ and add in its place the word ‘‘recipient’s’’. ■ § 204.64 [Amended] 13. In § 204.64(b)(1), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’ and remove the word ‘‘subgrantees’’ and add in its place the word ‘‘subrecipients’’. ■ PART 206—FEDERAL DISASTER ASSISTANCE 14. The authority citation for part 206 continues to read as follows: ■ Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1; sec. 1105, Pub. L. 113–2, 127 Stat. 43 (42 U.S.C. 5189a note). § 206.120 [Amended] 15. In § 206.120(d)(4)(iv)(A), remove the words ‘‘44 CFR 13.41’’ and add in their place the words ‘‘2 CFR 200.327’’. § 206.200 [Amended] 16. In § 206.200(b), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’, remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; ■ ■ PO 00000 [Amended] 10. In § 204.54— a. In the introductory text, remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’ and remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; ■ b. In paragraph (a), remove the words ‘‘grantee-related’’ and add in their place the words ‘‘recipient-related’’, remove the word ‘‘grantee’’ wherever it appears and add in its place the word ‘‘recipient’’, and remove the word ‘‘subgrantee’’ wherever it appears and add in its place the word ‘‘subrecipient’’; ■ c. In paragraph (c)(2), remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’ and in paragraph (c)(3), remove the word ‘‘grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and ■ d. In paragraph (d), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’. ■ ■ ■ [Amended] ■ § 204.53 § 204.54 Sfmt 4700 E:\FR\FM\03JAR1.SGM 03JAR1 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations and remove the word ‘‘subgrantees’’ wherever it appears and add in its place the word ‘‘subrecipients’’. ■ 17. In § 206.201— ■ a. In paragraph (a), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’; ■ b. Remove paragraph (e); ■ c. Redesignate paragraph (e) as paragraph (m); and redesignate paragraphs (f) through (m) as paragraphs (e) through (l); ■ d. In newly redesignated paragraph (l), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’; ■ e. Add new paragraph (m); ■ f. In paragraph (n), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; and remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; and ■ g. Revise the paragraph (o) heading to read ‘‘Subrecipient’’ and in paragraph (o), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’. The addition reads as follows: § 206.201 Definitions used in this part. * * * * * (m) Recipient. Recipient means the government to which a grant is awarded, and which is accountable for the use of the funds provided. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Generally, except as provided in § 206.202(f), the State for which the emergency or major disaster is declared is the recipient. However, an Indian Tribal government may choose to be a recipient, or it may act as a subrecipient under the State. If an Indian Tribal government is the recipient, it will assume the responsibilities of the ‘‘recipient’’ or ‘‘State’’ as described in this part with respect to administration of the Public Assistance program. * * * * * § 206.202 [Amended] 18. In § 206.202— a. In paragraph (a), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; ■ b. In the paragraph (b) heading, remove the word ‘‘Grantee’’ and add in its place the word ‘‘Recipient’’; ■ c. In paragraph (b)(1), remove the word ‘‘subgrantees’’ and add in its place the word ‘‘subrecipients’’; ■ d. In paragraphs (c) and (e), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; ■ e. In paragraph (f)(1)(i), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; and sradovich on DSK3GMQ082PROD with RULES ■ ■ VerDate Sep<11>2014 22:11 Dec 30, 2016 Jkt 241001 f. In paragraph (f)(2), remove the word ‘‘Grantees’’ and add in its place the word ‘‘recipient’’, remove the word ‘‘grantee’s’’ and add in its place the word ‘‘recipient’s’’, and remove the word ‘‘subgrantee’s’’ and add in its place the word ‘‘subrecipient’s’’. ■ § 206.203 [Amended] 19. In § 206.203— a. In paragraph (c)(1), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; ■ b. In paragraph (d)(1), remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; and remove the word ‘‘Grantee’s’’ and add in its place the word ‘‘recipient’s’’; ■ c. In paragraph (d)(2) introductory text, remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’ and remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’; and ■ d. In paragraph (d)(2)(v), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’. ■ ■ § 206.204 [Amended] 20. In § 206.204— a. In paragraph (c)(2), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’ and in paragraph (c)(2)(ii), remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; ■ b. In paragraph (d) introductory text, remove the word ‘‘Grantee’s’’ and add in its place the word ‘‘recipient’s’’ and remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’; ■ c. In paragraph (d)(2), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’; and remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; ■ d. In paragraph (e), remove the word ‘‘subgrantee’’ wherever it appears and add in its place the word ‘‘subrecipient’’; ■ e. In paragraph (e)(2), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and ■ f. In paragraph (f), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’ and remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’. ■ ■ § 206.205 [Amended] 21. In § 206.205(a) and (b), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and remove the word ‘‘subgrantee’’ wherever it appears and add in its place the word ‘‘subrecipient’’. ■ PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 § 206.206 43 [Amended] 22. In § 206.206— a. In the introductory text and paragraphs (a), (c), and (d), remove the word ‘‘grantee’’ wherever it appears, and add in its place the word ‘‘recipient’’; and remove the word ‘‘subgrantee’’ wherever it appears and add in its place the word ‘‘subrecipient’’; and ■ b. In paragraph (a), remove the words ‘‘grantee-related’’ and add in their place the words ‘‘recipient-related’’. ■ ■ § 206.207 [Amended] 23. In § 206.207— a. In paragraph (b)(1)(iii)(D), remove the word ‘‘subgrantees’’ and add in its place the word ‘‘subrecipients’’; ■ b. In paragraph (b)(1)(iii)(F), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; ■ c. In paragraph (b)(1)(iii)(K), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’, remove the word ‘‘subgrantees’’ and add in its place the word ‘‘subrecipients’’, and remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; ■ d. In paragraph (b)(2), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’; ■ e. In paragraph (b)(3) and (4), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and ■ f. In paragraph (c)(1), remove the word ‘‘grantees’’ and add in its place the word ‘‘recipients’’ and remove the word ‘‘subgrantees’’ and add in its place the word ‘‘subrecipients’’. ■ ■ § 206.208 [Amended] 24. In § 206.208, in paragraphs (a), (b) introductory text, and (e)(1) and (2), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’. ■ § 206.209 [Amended] 25. In § 206.209— a. In paragraph (b) introductory text, remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; ■ b. In paragraphs (e), (f), and (i)(2), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and ■ c. In paragraph (e)(3), remove the word ‘‘Grantee’s’’ and add in its place the word ‘‘recipient’s’’. ■ 26. In § 206.210— ■ a. In paragraph (a), remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’; ■ b. In paragraph (b), remove the definition of ‘‘Grantee’’ and add a definition for ‘‘Recipient’’ in alphabetical order; ■ ■ E:\FR\FM\03JAR1.SGM 03JAR1 44 Federal Register / Vol. 82, No. 1 / Tuesday, January 3, 2017 / Rules and Regulations c. In paragraph (b), remove the word ‘‘grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; ■ d. In paragraphs (f), (g), (h)(1)(i) and (ii), (h)(2)(iii), and (h)(3), remove the word ‘‘grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; ■ e. In the paragraph (h)(1) heading, remove the word ‘‘Grantee’’ and add in its place the word ‘‘Recipient’’; and ■ f. In paragraph (h)(1)(i), remove the word ‘‘grantee’s’’ and add in its place the word ‘‘recipient’s’’. The addition reads as follows: ■ § 206.210 Dispute Resolution Pilot Program. * * * * * (b) * * * Recipient is used throughout this regulation text and it refers to the definition in FEMA’s regulations at 44 CFR 206.201(m). * * * * * § 206.222 [Amended] 27. In § 206.222(b), remove the reference ‘‘§ 205.221(e)’’ and add in their place the reference ‘‘§ 206.221(e)’’. ■ § 206.226 [Amended] 28. In § 206.226— a. In paragraph (a)(2), remove the word ‘‘grantees’’ and add in its place the word ‘‘recipients’’; ■ b. In paragraph (b), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; and ■ c. In paragraph (f)(2), remove the words ‘‘paragraph (d)(1)’’ and add, in their place, the words ‘‘paragraph (f)(1)’’. ■ ■ § 206.228 [Amended] 29. In § 206.228— a. In the introductory text, remove the words ‘‘44 CFR 13.22’’ and add in their place the words ‘‘2 CFR 200, subpart E’’ and remove the words ‘‘44 CFR 13.4 and 13.6’’ and add in their place the words ‘‘2 CFR 200, subpart E and 2 CFR 200.102’’; and ■ b. In paragraphs (a)(2) introductory text and (a)(2)(ii), remove the word ‘‘grantee’s’’ wherever it appears and add in its place the word ‘‘recipient’s’’ and remove the word ‘‘subgrantee’s’’ wherever it appears and add in its place the word ‘‘subrecipient’s’’. ■ ■ sradovich on DSK3GMQ082PROD with RULES § 206.250 [Amended] 30. In § 206.250(b), remove the word ‘‘Grantee’’ and add in its place the word ‘‘recipient’’. ■ § 206.252 [Amended] 31. In § 206.252— a. In paragraph (c), remove the word ‘‘Grantee’’ and add in its place the word ■ ■ VerDate Sep<11>2014 22:11 Dec 30, 2016 Jkt 241001 ‘‘recipient’’ and remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’; and ■ b. In paragraph (d), remove the word ‘‘grantee’’ and add in its place the word ‘‘recipient’’ and remove the word ‘‘subgrantee’’ and add in its place the word ‘‘subrecipient’’. § 206.253 [Amended] 32. In § 206.253— a. In paragraphs (a), (c), and (e), remove the word ‘‘Grantee’’ wherever it appears and add in its place the word ‘‘recipient’’; and ■ b. In paragraphs (b)(1) and (c), remove the word ‘‘grantee’’ wherever it appears and add in its place the word ‘‘recipient’’. ■ ■ PART 207—MANAGEMENT COSTS 33. The authority citation for part 207 continues to read as follows: ■ Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166. § 207.2 [Amended] 34. In § 207.2— a. Revise the defined term ‘‘Grantee’’ to read ‘‘Grantee (alternatively, Recipient)’’; and ■ b. Revise the defined term ‘‘Subgrantee’’ to read ‘‘Subgrantee (alternatively, Subrecipient)’’. ■ ■ Dated: December 21, 2016. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2016–31380 Filed 12–30–16; 8:45 am] BILLING CODE 9111–66–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Humanities 45 CFR Part 1171 RIN 3136–AA37 Regulations Implementing the FOIA Improvement Act of 2016 National Endowment for the Humanities, National Foundation On the Arts and the Humanities. ACTION: Final rule. AGENCY: On June 30, 2016, President Obama signed the Freedom of SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Information Act (‘‘FOIA’’) Improvement Act of 2016 (the ‘‘FOIA Improvement Act’’). Section 3 of the FOIA Improvement Act requires, that not later than 180 days after the date of its enactment, the head of each agency review and revise the agency’s regulations to implement the FOIA Improvement Act’s amendments. The FOIA Improvement Act specifically requires that the regulations of each agency include procedures for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services. After undertaking a review of its FOIA regulations in accordance with Section 3 of the FOIA Improvement Act, NEH is revising its FOIA regulations to incorporate the statutory mandates. DATES: This rule is effective February 2, 2017. FOR FURTHER INFORMATION CONTACT: Adam Kress, Attorney-Advisor, Office of the General Counsel, National Endowment for the Humanities, 400 7th Street SW., Room 4060, Washington, DC 20506, (202) 606–8322, akress@neh.gov. SUPPLEMENTARY INFORMATION: NEH is amending its FOIA regulations published at 45 CFR part 1171 to incorporate changes required by the FOIA Improvement Act. Background Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) authorizes the Chairperson of NEH to prescribe such regulations as he or she deems necessary governing the manner in which the Chairperson’s functions shall be carried out. This rulemaking amends NEH’s existing regulations providing Public Access to NEH Records Under the Freedom of Information Act (45 CFR part 1171) by incorporating changes to the FOIA by the FOIA Improvement Act. Among other things, the FOIA Improvement Act requires that agencies (i) make records that have been both released previously and requested three or more times available to the public in electronic format, (ii) establish a minimum of ninety days for requesters to appeal an adverse determination, and (iii) provide, or direct requesters to, dispute resolution services at various times throughout the FOIA process. The FOIA Improvement Act also updates how agencies may charge search, duplication and review fees. NEH amends 45 CFR part 1171 as follows: • By amending 45 CFR 1171.4 to ‘‘make available for public inspection in an electronic format’’ records that have E:\FR\FM\03JAR1.SGM 03JAR1

Agencies

[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Rules and Regulations]
[Pages 40-44]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31380]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Parts 204, 206, and 207

[Docket ID: FEMA-2016-0034]
RIN 1660-AA89


Update of FEMA's Public Assistance and Fire Management Assistance 
Grant Regulations To Reflect the Terminology of Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is amending its 
Public Assistance and Fire Management Assistance Grant regulations to 
update the terms it uses to describe grantees and subgrantees, to 
reflect the terminology used in the Office of Management and Budget 
(OMB) Uniform Guidance on Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards.

DATES: Effective January 3, 2017.

FOR FURTHER INFORMATION CONTACT: Christopher Logan, Director, Public 
Assistance Division, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, 202-646-3834.

SUPPLEMENTARY INFORMATION:

I. Background

    The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as amended (Stafford Act), Title 42 of the United States Code 
(U.S.C.) 5121 et seq., authorizes the President to provide Federal 
assistance when the magnitude of an incident or threatened incident 
exceeds the affected State, Territorial, Indian Tribal, and local 
government capabilities to respond or recover. FEMA provides assistance 
to State, Territorial, Indian Tribal, and local governments and certain 
types of private nonprofit (PNP) organizations via its Public 
Assistance program. Through the Public Assistance program, FEMA 
provides supplemental Federal disaster grant assistance for debris 
removal, emergency protective measures, and the restoration of 
disaster-damaged, publicly owned facilities and the facilities of 
certain PNP organizations. The Public Assistance program also 
encourages protection of these damaged facilities from future events by 
providing

[[Page 41]]

assistance for hazard mitigation measures. FEMA regulations for the 
Public Assistance program are found at 44 CFR part 206. The regulations 
at 44 CFR part 207, ``Management Costs,'' also apply to Public 
Assistance awards.
    Fire Management Assistance is available to States, local and tribal 
governments, for the mitigation, management, and control of fires on 
publicly or privately owned forests or grasslands, which threaten such 
destruction as would constitute a major disaster. FEMA Regional 
Administrators (RAs) have the authority to issue Fire Management 
Assistance Grant (FMAG) declarations for wildfires that threaten such 
destruction that would constitute a major disaster. The regulations 
governing the FMAG program are found at 44 CFR part 204.
    The Office of Management and Budget (OMB) establishes Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards, found at 2 CFR part 200. These regulations apply to 
awards under FEMA's Public Assistance and FMAG programs.

II. The Adoption of Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards

    On December 26, 2013, OMB published final government-wide guidance 
entitled, Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal Awards. 78 FR 78589. The Uniform 
Guidance set standard requirements for Federal awards across the entire 
Federal government and consolidated the language from OMB circulars 
into one set of guidance that is located at 2 CFR part 200. In December 
2014, OMB and Federal award-making agencies published a joint interim 
final rule that implemented the Uniform Guidance. 79 FR 75871. DHS 
adopted the Uniform Guidance at 2 CFR part 3002.
    In the interim final rule, FEMA amended 44 CFR via a technical 
amendment that removed part 13 (FEMA's grant administration 
regulations) and replaced all references to part 13 with references to 
2 CFR parts 200 and 3002. FEMA replaced general references to part 13 
with the general citations to 2 CFR parts 200 and 3002. To the extent 
applicable, FEMA also replaced references to specific portions of part 
13 with the corresponding pinpoint citations to 2 CFR parts 200 and 
3002.
    FEMA adopted the interim final rule as final, with one change, on 
October 2, 2015. 80 FR 59549. The change was a reinsertion of a 
provision that was inadvertently removed by the interim final rule.

III. Revisions to 44 CFR Parts 204 and 206

    In this final rule, FEMA is updating its Public Assistance and FMAG 
program regulations to reflect two terms used in 2 CFR part 200. The 
Uniform Guidance uses the terms ``recipient'' and ``subrecipient'' when 
referring to entities that receive Federal awards, whereas FEMA's 
regulations use the terms ``grantee'' and ``subgrantee'' when referring 
to entities that receive Federal awards under FEMA Public Assistance 
and FMAG grant programs. To improve consistency with the Uniform 
Guidance, FEMA is replacing the term ``grantee'' with ``recipient'' and 
the term ``subgrantee'' with ``subrecipient'' throughout 44 CFR part 
204 and 44 CFR part 206, subparts G, H, and I. Although grantees and 
subgrantees, as defined in 44 CFR parts 204 and 206, are considered to 
be recipients and subrecipients under 2 CFR part 200, FEMA intends to 
use comparable terms to avoid confusion and provide consistency between 
applicable regulations and Public Assistance policy.\1\
---------------------------------------------------------------------------

    \1\ FEMA has updated its Public Assistance program policy to 
reflect terms used in 2 CFR part 200. Public Assistance Program and 
Policy Guide, FP 104-009-2 (January 2016).
---------------------------------------------------------------------------

    FEMA is not making substantive revisions to the current definitions 
for the terms ``grantee'' and ``subgrantee.'' The Uniform Guidance 
provides that ``[d]ifferent definitions [of the terms ``recipient'' and 
``subrecipient,'' among other terms] may be found in Federal statutes 
or regulations that apply more specifically to particular programs or 
activities.'' 2 CFR 200.1. As such, although FEMA is replacing the 
terms ``grantee'' and ``subgrantee'' with the terms ``recipient'' and 
``subrecipient,'' respectively, FEMA is continuing to use the 
definitions for these terms at 44 CFR part 204 and 44 CFR part 206, 
subpart G, which apply more specifically to the Public Assistance and 
FMAG programs.\2\
---------------------------------------------------------------------------

    \2\ Because FEMA is replacing the terms in existing definitions, 
we are redesignating the paragraphs in Sec.  206.201 to maintain 
alphabetical order.
---------------------------------------------------------------------------

    FEMA is also replacing remaining references to 44 CFR part 13 with 
references to 2 CFR part 200. This is a technical change to correct 
citations that were not updated by the December 19, 2014 joint interim 
final rule. Finally, FEMA is correcting two typographical errors to 
citations in 44 CFR part 206. In Sec.  206.222(b), the reference to 
Sec.  205.221(e) will be corrected to Sec.  206.221(e). In Sec.  
206.226(f)(2), the reference to paragraph (d)(1) will be corrected to 
paragraph (f)(1).

IV. Revisions to 44 CFR Part 207

    The regulations at 44 CFR part 207, ``Management Costs,'' apply to 
Public Assistance and Hazard Mitigation Grant Program (HMGP) awards. To 
ensure consistency with the terminology used in both Public Assistance 
and HMGP regulations, FEMA is revising the definitions of ``Grantee'' 
and ``Subgrantee'' in 44 CFR part 207 to make clear that in part 207 as 
well, the terms ``Grantee'' and ``Recipient'' are interchangeable, as 
are the terms ``Subgrantee'' and ``Subrecipient.'' This is a non-
substantive change to make it clear that the terms are interchangeable 
and that 44 CFR part 207 applies to Public Assistance and HMGP awards 
regardless of the terminology used in the program regulations.
    This rule makes technical and nomenclature changes intended to 
reduce confusion and encourage the use of consistent terminology in the 
administration of Public Assistance and FMAG awards.

V. Regulatory Analyses

A. Administrative Procedure Act

    FEMA did not undertake notice and comment for this regulation 
because it is making purely technical and non-substantive terminology 
changes. The Administrative Procedure Act (APA) provides that an agency 
may dispense with notice and comment rulemaking procedures when an 
agency, for good cause, finds those procedures are impracticable, 
unnecessary, or contrary to the public interest. 5 U.S.C. 553(b). FEMA 
finds that such procedures are unnecessary for this rule because this 
rule makes technical updates and non-substantive terminology changes to 
improve consistency with 2 CFR part 200, and does not change any 
regulatory requirements. For instance, this rule will not change the 
requirements to request assistance, the eligibility requirements to 
receive assistance, the amount of assistance available, or the appeals 
process under the FMAG or Public Assistance programs. The changes made 
by this rule do not change or confer any substantive rights, benefits 
or obligations. For the same reasons, under 5 U.S.C. 553(d)(3), FEMA 
finds that it has good cause to make this final rule effective 
immediately.

[[Page 42]]

B. Executive Order 12866, as Amended, Regulatory Planning and Review; 
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. As this rule involves non-substantive changes that will not 
change FEMA's administration of the subject regulations, FEMA expects 
that the rule will not impose any costs on the public.

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, as amended, (5 U.S.C. 601-
612), agencies must consider the impact of their rulemakings on ``small 
entities'' (small businesses, small organizations and local 
governments) when issuing a notice of proposed rulemaking. As FEMA is 
not issuing a proposed rule for this action, the Regulatory Flexibility 
Act does not apply.

List of Subjects

44 CFR Part 204

    Administrative practice and procedure, Fire prevention, Grant 
programs, and Reporting and recordkeeping requirements.

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, and Reporting and 
recordkeeping requirements.

44 CFR Part 207

    Administrative practice and procedure, Disaster assistance, Grant 
programs, and Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, and under the 
authorities listed below, the Federal Emergency Management Agency 
amends 44 CFR Chapter I as follows:

PART 204--FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM

0
1. The authority citation for part 204 continues to read as follows:

    Authority:  42 U.S.C. 5121 through 5207; 6 U.S.C. 101 et seq.; 
Department of Homeland Security Delegation 9001.1.


Sec.  204.3  [Amended]

0
2. In Sec.  204.3--
0
a. Revise the defined term ``Grantee'' to read ``Recipient'' and place 
the definition in appropriate alphabetical order;
0
b. Revise the defined term ``Subgrantee'' to read ``Subrecipient'' and 
place the definition in appropriate alphabetical order;
0
c. Remove the word ``Grantee'' wherever it appears and add in its place 
the word ``recipient'';
0
d. Remove the word ``grantee'' wherever it appears and add in its place 
the word ``recipient''; and
0
e. Remove the word ``subgrantee'' wherever it appears and add in its 
place the word ``subrecipient''.


Sec.  204.25  [Amended]

0
3. In Sec.  204.25(a), remove the word ``Grantee'' and add in its place 
the word ``recipient''.


Sec.  204.41  [Amended]

0
4. In Sec.  204.41(a) introductory text, remove the word ``Grantee'' 
and add in its place the word ``recipient''.


Sec.  204.42  [Amended]

0
5. In Sec.  204.42(a)(3), remove the word ``Grantees'' and add in its 
place the word ``Recipients'' and remove the word ``subgantees'' and 
add in its place the word ``subrecipients''.


Sec.  204.43  [Amended]

0
6. In Sec.  206.43(c), remove the word ``subgrantee's'' and add in its 
place the word ``subrecipient's''.


Sec.  204.51  [Amended]

0
7. In Sec.  204.51, remove the word ``Grantee'' wherever it appears and 
add in its place the word ``recipient''.


Sec.  204.52  [Amended]

0
8. In Sec.  204.52, remove the word ``Grantee'' wherever it appears and 
add in its place the word ``recipient''.


Sec.  204.53  [Amended]

0
9. In Sec.  204.53(a), remove the word ``Grantee'' and add in its place 
the word ``recipient''.


Sec.  204.54  [Amended]

0
10. In Sec.  204.54--
0
a. In the introductory text, remove the word ``subgrantee'' and add in 
its place the word ``subrecipient'' and remove the word ``grantee'' and 
add in its place the word ``recipient'';
0
b. In paragraph (a), remove the words ``grantee-related'' and add in 
their place the words ``recipient-related'', remove the word 
``grantee'' wherever it appears and add in its place the word 
``recipient'', and remove the word ``subgrantee'' wherever it appears 
and add in its place the word ``subrecipient'';
0
c. In paragraph (c)(2), remove the word ``subgrantee'' and add in its 
place the word ``subrecipient'' and in paragraph (c)(3), remove the 
word ``grantee'' wherever it appears and add in its place the word 
``recipient''; and
0
 d. In paragraph (d), remove the word ``grantee'' and add in its place 
the word ``recipient''.


Sec.  204.62  [Amended]

0
11. In Sec.  204.62(c), remove the word ``Grantee'' and add in its 
place the word ``recipient'' and remove the word ``subgrantee'' and add 
in its place the word ``subrecipient''.


Sec.  204.63  [Amended]

0
12. In Sec.  204.63(b), remove the word ``Grantee's'' and add in its 
place the word ``recipient's''.


Sec.  204.64  [Amended]

0
13. In Sec.  204.64(b)(1), remove the word ``Grantee'' and add in its 
place the word ``recipient'' and remove the word ``subgrantees'' and 
add in its place the word ``subrecipients''.

PART 206--FEDERAL DISASTER ASSISTANCE

0
14. The authority citation for part 206 continues to read as follows:

    Authority:  Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1; sec. 1105, Pub. L. 113-2, 127 Stat. 43 (42 U.S.C. 
5189a note).


Sec.  206.120  [Amended]

0
15. In Sec.  206.120(d)(4)(iv)(A), remove the words ``44 CFR 13.41'' 
and add in their place the words ``2 CFR 200.327''.


Sec.  206.200  [Amended]

0
16. In Sec.  206.200(b), remove the word ``Grantee'' wherever it 
appears and add in its place the word ``recipient'', remove the word 
``subgrantee'' and add in its place the word ``subrecipient'';

[[Page 43]]

and remove the word ``subgrantees'' wherever it appears and add in its 
place the word ``subrecipients''.

0
17. In Sec.  206.201--
0
a. In paragraph (a), remove the word ``Grantee'' and add in its place 
the word ``recipient'';
0
b. Remove paragraph (e);
0
c. Redesignate paragraph (e) as paragraph (m); and redesignate 
paragraphs (f) through (m) as paragraphs (e) through (l);
0
d. In newly redesignated paragraph (l), remove the word ``Grantee'' and 
add in its place the word ``recipient'';
0
e. Add new paragraph (m);
0
f. In paragraph (n), remove the word ``grantee'' and add in its place 
the word ``recipient''; and remove the word ``subgrantee'' and add in 
its place the word ``subrecipient''; and
0
g. Revise the paragraph (o) heading to read ``Subrecipient'' and in 
paragraph (o), remove the word ``grantee'' and add in its place the 
word ``recipient''.
    The addition reads as follows:


Sec.  206.201  Definitions used in this part.

* * * * *
    (m) Recipient. Recipient means the government to which a grant is 
awarded, and which is accountable for the use of the funds provided. 
The recipient is the entire legal entity even if only a particular 
component of the entity is designated in the grant award document. 
Generally, except as provided in Sec.  206.202(f), the State for which 
the emergency or major disaster is declared is the recipient. However, 
an Indian Tribal government may choose to be a recipient, or it may act 
as a subrecipient under the State. If an Indian Tribal government is 
the recipient, it will assume the responsibilities of the ``recipient'' 
or ``State'' as described in this part with respect to administration 
of the Public Assistance program.
* * * * *


Sec.  206.202  [Amended]

0
18. In Sec.  206.202--
0
a. In paragraph (a), remove the word ``Grantee'' wherever it appears 
and add in its place the word ``recipient'';
0
b. In the paragraph (b) heading, remove the word ``Grantee'' and add in 
its place the word ``Recipient'';
0
c. In paragraph (b)(1), remove the word ``subgrantees'' and add in its 
place the word ``subrecipients'';
0
d. In paragraphs (c) and (e), remove the word ``Grantee'' wherever it 
appears and add in its place the word ``recipient'';
0
e. In paragraph (f)(1)(i), remove the word ``grantee'' and add in its 
place the word ``recipient''; and
0
f. In paragraph (f)(2), remove the word ``Grantees'' and add in its 
place the word ``recipient'', remove the word ``grantee's'' and add in 
its place the word ``recipient's'', and remove the word 
``subgrantee's'' and add in its place the word ``subrecipient's''.


Sec.  206.203  [Amended]

0
19. In Sec.  206.203--
0
a. In paragraph (c)(1), remove the word ``grantee'' and add in its 
place the word ``recipient'';
0
b. In paragraph (d)(1), remove the word ``subgrantee'' and add in its 
place the word ``subrecipient''; and remove the word ``Grantee's'' and 
add in its place the word ``recipient's'';
0
c. In paragraph (d)(2) introductory text, remove the word 
``subgrantee'' and add in its place the word ``subrecipient'' and 
remove the word ``Grantee'' and add in its place the word 
``recipient''; and
0
d. In paragraph (d)(2)(v), remove the word ``Grantee'' wherever it 
appears and add in its place the word ``recipient''.


Sec.  206.204  [Amended]

0
20. In Sec.  206.204--
0
a. In paragraph (c)(2), remove the word ``Grantee'' wherever it appears 
and add in its place the word ``recipient'' and in paragraph 
(c)(2)(ii), remove the word ``subgrantee'' and add in its place the 
word ``subrecipient'';
0
b. In paragraph (d) introductory text, remove the word ``Grantee's'' 
and add in its place the word ``recipient's'' and remove the word 
``Grantee'' and add in its place the word ``recipient'';
0
c. In paragraph (d)(2), remove the word ``Grantee'' and add in its 
place the word ``recipient''; and remove the word ``grantee'' and add 
in its place the word ``recipient'';
0
d. In paragraph (e), remove the word ``subgrantee'' wherever it appears 
and add in its place the word ``subrecipient'';
0
e. In paragraph (e)(2), remove the word ``Grantee'' wherever it appears 
and add in its place the word ``recipient''; and
0
f. In paragraph (f), remove the word ``Grantee'' wherever it appears 
and add in its place the word ``recipient'' and remove the word 
``grantee'' and add in its place the word ``recipient''.


Sec.  206.205  [Amended]

0
21. In Sec.  206.205(a) and (b), remove the word ``Grantee'' wherever 
it appears and add in its place the word ``recipient''; and remove the 
word ``subgrantee'' wherever it appears and add in its place the word 
``subrecipient''.


Sec.  206.206  [Amended]

0
22. In Sec.  206.206--
0
a. In the introductory text and paragraphs (a), (c), and (d), remove 
the word ``grantee'' wherever it appears, and add in its place the word 
``recipient''; and remove the word ``subgrantee'' wherever it appears 
and add in its place the word ``subrecipient''; and
0
b. In paragraph (a), remove the words ``grantee-related'' and add in 
their place the words ``recipient-related''.


Sec.  206.207  [Amended]

0
23. In Sec.  206.207--
0
a. In paragraph (b)(1)(iii)(D), remove the word ``subgrantees'' and add 
in its place the word ``subrecipients'';
0
b. In paragraph (b)(1)(iii)(F), remove the word ``grantee'' and add in 
its place the word ``recipient'';
0
c. In paragraph (b)(1)(iii)(K), remove the word ``grantee'' and add in 
its place the word ``recipient'', remove the word ``subgrantees'' and 
add in its place the word ``subrecipients'', and remove the word 
``subgrantee'' and add in its place the word ``subrecipient'';
0
d. In paragraph (b)(2), remove the word ``Grantee'' and add in its 
place the word ``recipient'';
0
e. In paragraph (b)(3) and (4), remove the word ``Grantee'' wherever it 
appears and add in its place the word ``recipient''; and
0
f. In paragraph (c)(1), remove the word ``grantees'' and add in its 
place the word ``recipients'' and remove the word ``subgrantees'' and 
add in its place the word ``subrecipients''.


Sec.  206.208  [Amended]

0
24. In Sec.  206.208, in paragraphs (a), (b) introductory text, and 
(e)(1) and (2), remove the word ``Grantee'' wherever it appears and add 
in its place the word ``recipient''.


Sec.  206.209  [Amended]

0
25. In Sec.  206.209--
0
a. In paragraph (b) introductory text, remove the word ``subgrantee'' 
and add in its place the word ``subrecipient'';
0
b. In paragraphs (e), (f), and (i)(2), remove the word ``Grantee'' 
wherever it appears and add in its place the word ``recipient''; and
0
c. In paragraph (e)(3), remove the word ``Grantee's'' and add in its 
place the word ``recipient's''.

0
26. In Sec.  206.210--
0
a. In paragraph (a), remove the word ``subgrantee'' and add in its 
place the word ``subrecipient'';
0
b. In paragraph (b), remove the definition of ``Grantee'' and add a 
definition for ``Recipient'' in alphabetical order;

[[Page 44]]

0
c. In paragraph (b), remove the word ``grantee'' wherever it appears 
and add in its place the word ``recipient'';
0
d. In paragraphs (f), (g), (h)(1)(i) and (ii), (h)(2)(iii), and (h)(3), 
remove the word ``grantee'' wherever it appears and add in its place 
the word ``recipient'';
0
e. In the paragraph (h)(1) heading, remove the word ``Grantee'' and add 
in its place the word ``Recipient''; and
0
f. In paragraph (h)(1)(i), remove the word ``grantee's'' and add in its 
place the word ``recipient's''.
    The addition reads as follows:


Sec.  206.210  Dispute Resolution Pilot Program.

* * * * *
    (b) * * *
    Recipient is used throughout this regulation text and it refers to 
the definition in FEMA's regulations at 44 CFR 206.201(m).
* * * * *


Sec.  206.222  [Amended]

0
27. In Sec.  206.222(b), remove the reference ``Sec.  205.221(e)'' and 
add in their place the reference ``Sec.  206.221(e)''.


Sec.  206.226  [Amended]

0
28. In Sec.  206.226--
0
a. In paragraph (a)(2), remove the word ``grantees'' and add in its 
place the word ``recipients'';
0
b. In paragraph (b), remove the word ``grantee'' and add in its place 
the word ``recipient''; and
0
c. In paragraph (f)(2), remove the words ``paragraph (d)(1)'' and add, 
in their place, the words ``paragraph (f)(1)''.


Sec.  206.228  [Amended]

0
29. In Sec.  206.228--
0
a. In the introductory text, remove the words ``44 CFR 13.22'' and add 
in their place the words ``2 CFR 200, subpart E'' and remove the words 
``44 CFR 13.4 and 13.6'' and add in their place the words ``2 CFR 200, 
subpart E and 2 CFR 200.102''; and
0
b. In paragraphs (a)(2) introductory text and (a)(2)(ii), remove the 
word ``grantee's'' wherever it appears and add in its place the word 
``recipient's'' and remove the word ``subgrantee's'' wherever it 
appears and add in its place the word ``subrecipient's''.


Sec.  206.250  [Amended]

0
30. In Sec.  206.250(b), remove the word ``Grantee'' and add in its 
place the word ``recipient''.


Sec.  206.252  [Amended]

0
31. In Sec.  206.252--
0
a. In paragraph (c), remove the word ``Grantee'' and add in its place 
the word ``recipient'' and remove the word ``grantee'' and add in its 
place the word ``recipient''; and
0
b. In paragraph (d), remove the word ``grantee'' and add in its place 
the word ``recipient'' and remove the word ``subgrantee'' and add in 
its place the word ``subrecipient''.


Sec.  206.253  [Amended]

0
32. In Sec.  206.253--
0
a. In paragraphs (a), (c), and (e), remove the word ``Grantee'' 
wherever it appears and add in its place the word ``recipient''; and
0
b. In paragraphs (b)(1) and (c), remove the word ``grantee'' wherever 
it appears and add in its place the word ``recipient''.

PART 207--MANAGEMENT COSTS

0
33. The authority citation for part 207 continues to read as follows:

     Authority:  Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5206; Reorganization Plan No. 
3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security 
Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 
Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; 
E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166.


Sec.  207.2  [Amended]

0
34. In Sec.  207.2--
0
a. Revise the defined term ``Grantee'' to read ``Grantee 
(alternatively, Recipient)''; and
0
b. Revise the defined term ``Subgrantee'' to read ``Subgrantee 
(alternatively, Subrecipient)''.

    Dated: December 21, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-31380 Filed 12-30-16; 8:45 am]
BILLING CODE 9111-66-P

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