Removal of Dispute Resolution Pilot Program for Public Assistance Appeals, 44238-44241 [2018-18796]

Download as PDF 44238 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 29, 2018. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart LL—Oklahoma 2. In § 52.1920(c), the table titled ‘‘EPA Approved Oklahoma Regulations’’ is amended by revising the entries for Sections 252:100–2–3; 252:100–5–2; 252:100–5–2.1; 252:100–5–3; and 252:100, Appendix Q to read as follows: ■ List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. § 52.1920 * Dated: August 23, 2018. Anne Idsal, Regional Administrator, Region 6. Identification of plan. * * (c) * * * * * 40 CFR part 52 is amended as follows: EPA APPROVED OKLAHOMA REGULATIONS State citation Title/subject * 252:100–2–3 ............... * * Incorporation by reference ........... * 252:100–5–2 ............... * * Registration of potential sources of air contaminants. Emission inventory ....................... 252:100–5–2.1 ............ State effective date * 252:100–5–3 ............... * * Confidentiality of proprietary information. * 252:100, Appendix Q .. * * Incorporation by reference ........... * * * * * * * * * 8/30/2018, [Insert Federal Register citation]. * * * * 8/30/2018, [Insert Federal Register citation]. 8/30/2018, [Insert Federal Register citation]. * * * * 8/30/2018, [Insert Federal Register citation]. * * * * 8/30/2018, [Insert Federal Register citation]. * 9/12/2014 9/15/2016 9/12/2014 9/15/2016 * * 44 CFR Part 206 DATES: amozie on DSK3GDR082PROD with RULES Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Frm 00066 Fmt 4700 Sfmt 4700 Liza Davis, Associate Chief Counsel, Regulatory Affairs, Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street SW, FOR FURTHER INFORMATION CONTACT: The Federal Emergency Management Agency (FEMA) is PO 00000 The docket for this rulemaking is available for inspection using the Federal eRulemaking Portal at http://www.regulations.gov and can be viewed by following that website’s instructions. ADDRESSES: Removal of Dispute Resolution Pilot Program for Public Assistance Appeals SUMMARY: This rule is effective August 30, 2018. RIN 1660–AA94 Jkt 244001 * Federal Emergency Management Agency [Docket ID: FEMA–2018–0015] 16:35 Aug 29, 2018 * removing its regulations regarding its Dispute Resolution Pilot Program (DRPP) for the Public Assistance Program. The statutory authority for the DRPP sunset on December 31, 2015. DEPARTMENT OF HOMELAND SECURITY BILLING CODE 6560–50–P VerDate Sep<11>2014 Explanation * 9/15/2016 * [FR Doc. 2018–18657 Filed 8–29–18; 8:45 am] EPA approval date E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations Washington, DC 20472, 202–646–4046, or (email) liza.davis@fema.dhs.gov. SUPPLEMENTARY INFORMATION: Section 1105 of the Sandy Recovery Improvement Act of 2013 (SRIA), Public Law 113–2, 127 Stat. 43 (Jan. 29, 2013), 42 U.S.C. 5189a note, directed FEMA to establish a Dispute Resolution Pilot Program (DRPP). The DRPP allowed applicants to choose arbitration by an independent review panel in lieu of a second appeal to resolve disputes relating to Public Assistance projects. FEMA published a final rule on August 16, 2013 (78 FR 49950) to establish the DRPP. The regulation is located at 44 CFR 206.210. Under section 1105 of SRIA, the authority to accept requests for arbitration pursuant to the DRPP sunset on December 31, 2015. FEMA did not receive any requests for arbitration under the DRPP. As the authority for the DRPP has sunset, FEMA is now removing the regulations from the CFR. amozie on DSK3GDR082PROD with RULES Regulatory Analysis Administrative Procedure Act The Administrative Procedure Act (APA) generally requires agencies to publish a notice of proposed rulemaking in the Federal Register and provide interested persons the opportunity to submit comments. See 5 U.S.C. 553(b) and (c). The APA provides an exception to this requirement for rules of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). The final rule that established 44 CFR 206.210 was a rule of agency organization, procedure, or practice, and was promulgated without notice and comment rulemaking. This removal of that rule is also a rule of agency organization, procedure, or practice. Removing these regulations is consistent with FEMA’s current statutory authority and does not affect the substantive rights or interests of the public. The APA also provides an exception from notice and comment procedures when an agency finds for good cause that those procedures are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). FEMA finds good cause to issue this rule without prior notice or comment, as such procedures are unnecessary. The removal of these regulations would have no substantive effect on the public because the statutory authority for the DRPP has sunset. The APA generally requires that substantive rules incorporate a 30-day delayed effective date. 5 U.S.C. 553(d). This rule, however, is merely procedural and does not impose substantive requirements; thus, FEMA VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 finds that a delayed effective date is unnecessary. Executive Orders 12866, 13563, and 13771 Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) 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. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). SRIA included a sunset provision of December 31, 2015 for the DRPP. Accordingly, the program is discontinued and there are no costs or cost savings associated with removing the regulations regarding the DRPP. This rule’s benefits include a more streamlined CFR that reflects current program options. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612), and section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104–121, 110 Stat. 847, 858– 9 (Mar. 29, 1996) (5 U.S.C. 601 note) require that special consideration be given to the effects of regulations on small entities. The RFA applies only when an agency is ‘‘required by section 553 . . . to publish general notice of proposed rulemaking for any proposed rule.’’ 5 U.S.C. 603(a). An RFA analysis is not required for this rulemaking PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 44239 because FEMA is not required to publish a notice of proposed rulemaking. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501–1504, 1531– 1536, 1571, pertains to any rulemaking which is likely to result in the promulgation of any rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million (adjusted annually for inflation) or more in any one year. If the rulemaking includes a Federal mandate, the Act requires an agency to prepare an assessment of the anticipated costs and benefits of the Federal mandate. The Act also pertains to any regulatory requirements that might significantly or uniquely affect small governments. Before establishing any such requirements, an agency must develop a plan allowing for input from the affected governments regarding the requirements. FEMA has determined that this rulemaking will not result in the expenditure by State, local, and tribal governments, in the aggregate, nor by the private sector, of $100,000,000 or more in any one year as a result of a Federal mandate, and it will not significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Paperwork Reduction Act of 1995 As required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.), FEMA 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 control number. Due to this final rule, FEMA will remove FEMA Form 055–0–0–1, Request for Arbitration and Recommendation resulting from Dispute Resolution Pilot Program from information collection, OMB Control Number 1660–0017, Public Assistance Program. Since the program is discontinued, the form is no longer required, and FEMA is removing the associated hour burden estimates which equal 60 hours. Thus, the total hour burden for this collection is being reduced from 425,736 to 425,676. Collection of Information Title: Public Assistance Program. OMB Number: 1660–0017. E:\FR\FM\30AUR1.SGM 30AUR1 44240 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES FEMA Forms: FEMA Form 009–0–49 Request for Public Assistance; FEMA Form 009–0–91 Project Worksheet (PW); FEMA Form 009–0–91A Project Worksheet (PW)—Damage Description and Scope of Work Continuation Sheet; FEMA Form 009–0–91B Project Worksheet (PW)—Cost Estimate Continuation Sheet; FEMA Form 009– 0–91C Project Worksheet (PW)—Maps and Sketches Sheet; FEMA Form 009– 0–91D Project Worksheet (PW)—Photo Sheet; FEMA Form 009–0–120 Special Considerations Questions; FEMA Form 009–0–121 PNP Facility Questionnaire; FEMA Form 009–0–123 Force Account Labor Summary Record; FEMA Form 009–0–124 Materials Summary Record; FEMA Form 009–0–125 Rented Equipment Summary Record; FEMA Form 009–0–126 Contract Work Summary Record; FEMA Form 009–0– 127 Force Account Equipment Summary Record; FEMA Form 009–0– 128 Applicant’s Benefits Calculation Worksheet; and FEMA Form 009–0–111, Quarterly Progress Reports. Abstract: The information collected is utilized by FEMA to make determinations for Public Assistance grants based on the information supplied by the respondents. Affected Public: State, Local or Tribal government. Estimated Number of Respondents: 1012. Estimated Number of Responses: 398,068. Estimated Total Annual Burden Hours: 425,676. Estimated Total Annual Respondent Cost: The estimated annual cost to respondents for the hour burden is $26,306,779. Estimated Respondents’ Operation and Maintenance Costs: None. Estimated Respondents’ Capital and Start-Up Costs: None. Estimated Total Annual Cost to the Federal Government: $805,311.96. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, ‘‘Consultation and Coordination With Indian Tribal Governments,’’ 65 FR 67249, November 9, 2000, applies to agency regulations that have Tribal implications, that is, regulations that have substantial direct effects 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. Under this Executive Order, to the extent practicable and permitted by law, no agency shall promulgate any regulation VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 that has Tribal implications, that imposes substantial direct compliance costs on Indian Tribal governments, and that is not required by statute, unless funds necessary to pay the direct costs incurred by the Indian Tribal government or the Tribe in complying with the regulation are provided by the Federal Government, or the agency consults with Tribal officials. FEMA is removing the DRPP regulations, whose legislative authority has sunset. The removal of these regulations will have no substantive effect on the public since the statutory authority for the program has sunset and will not affect the substantive rights or interests of Indian Tribal governments. Executive Order 13132, Federalism Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255, August 10, 1999, sets forth principles and criteria that agencies must adhere to in formulating and implementing policies that have federalism implications, that is, regulations that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Federal agencies must closely examine the statutory authority supporting any action that would limit the policymaking discretion of the States, and to the extent practicable, must consult with State and local officials before implementing any such action. FEMA has determined that this rulemaking does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, and therefore does not have federalism implications as defined by the Executive Order. National Environmental Policy Act of 1969 (NEPA) Under the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et seq., an agency must prepare an environmental assessment or environmental impact statement for any rulemaking that significantly affects the quality of the human environment. FEMA has determined that this rulemaking does not significantly affect the quality of the human environment and consequently has not prepared an environmental assessment or environmental impact statement. Rulemaking is a major Federal action subject to NEPA. Categorical exclusion A3 included in the list of exclusion categories at Department of Homeland PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Security Instruction Manual 023–01– 001–01, Revision 01, Implementation of the National Environmental Policy Act, Appendix A, issued November 6, 2014, covers the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, and advisory circulars if they meet certain criteria provided in A3(a–f). This rule meets Categorical Exclusion A3(a), which covers rules of a strictly administrative or procedural nature. Congressional Review of Agency Rulemaking Under the Congressional Review of Agency Rulemaking Act (CRA), 5 U.S.C. 801–808, before a rule can take effect, the Federal agency promulgating the rule must submit to Congress and to the Government Accountability Office (GAO) a copy of the rule; a concise general statement relating to the rule, including whether it is a major rule; the proposed effective date of the rule; a copy of any cost-benefit analysis; descriptions of the agency’s actions under the Regulatory Flexibility Act and the Unfunded Mandates Reform Act; and any other information or statements required by relevant executive orders. FEMA has sent this final rule to the Congress and to GAO pursuant to the CRA. The rule is not a ‘‘major rule’’ within the meaning of the CRA. It will not have an annual effect on the economy of $100,000,000 or more; 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; and it will not have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. 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. For the reasons set forth in the preamble, the Federal Emergency Management Agency amends 44 CFR part 206 as set forth below: E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations PART 206—FEDERAL DISASTER ASSISTANCE 1. The authority citation for part 206 is revised 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. § 206.210 ■ [Removed and Reserved] 2. Remove § 206.210. Dated: August 23, 2018. Brock Long, Administrator, Federal Emergency Management Agency. [FR Doc. 2018–18796 Filed 8–29–18; 8:45 am] BILLING CODE 9110–11–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10–90, WT Docket No. 10– 208; FCC 18–124] Connect America Fund Universal Service Reform—Mobility Fund Federal Communications Commission. ACTION: Final action; extension of filing period; petitions for reconsideration. AGENCY: This document addresses two applications for review regarding the procedures and parameters of the Mobility Fund II challenge process and grant in part and deny in part a related extension request. DATES: This Order is effective August 30, 2018. The window for filing challenges to ineligible areas extended to November 26, 2018. FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, Auctions and Spectrum Access Division, Audra Hale-Maddox, at (202) 418–0660. SUPPLEMENTARY INFORMATION: This is a summary of the final actions in the Federal Communications Commission (‘‘Commission’’) Order, Notice of Proposed Rulemaking and Memorandum Opinion and Order (Combined Order), FCC 18–124, adopted on August 14, 2018, and released on August 21, 2018. The complete text of this document is available for public inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY– amozie on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 A257, Washington, DC 20554. The complete text is also available on the Commission’s website at http:// wireless.fcc.gov, or by using the search function on the ECFS web page at http://www.fcc.gov/cgb/ecfs/. Alternative formats are available to persons with disabilities by sending an email to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). I. Synposis On August 21, 2018, the Commission released an ‘‘Order, Notice of Proposed Rulemaking, and Memorandum Opinion and Order’’ (August 21 Order). The Commission separately published the proposed modifications to the speed test data specifications regarding the relevant timeframes for valid speed tests for the August 21 Order elsewhere in this issue of the Federal Register. In the August 21 Order, the Commission extended the previously announced deadline for the close of the Mobility Fund Phase II (MF–II) challenge window by an additional 90 days. Challengers were given until November 26, 2018, to submit speed test data in support of a challenge. The Commission adopted this extension to ensure that interested parties can initiate and submit speed test data for areas they wish to challenge. In addition, given this extension, the Commission proposed to make modifications to the speed test data specifications regarding the relevant timeframes for valid speed tests. The Commission also addressed two applications for review regarding the procedures and parameters of the MF–II challenge process and granted in part and denied in part a related extension request. II. Order Extending the Challenge Window 1. In February 2017, the Commission adopted rules to move forward on a reverse auction that will direct up to $4.53 billion of MF–II support over ten years to providers in geographic areas lacking unsubsidized 4G Long Term Evolution (LTE) services. The Commission also determined that it would compile a list of areas that were presumptively eligible for MF–II support and provide a limited timeframe before the auction during which interested parties could challenge areas that were not listed as presumptively eligible (i.e., ‘‘presumptively ineligible’’ areas). In February 2018, the Rural Broadband Auctions Task Force, in conjunction with the Wireless Telecommunications Bureau and the Wireline Competition PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 44241 Bureau (the Bureaus), published a map of areas presumptively eligible for MF– II support based on a one-time collection by the Commission of 4G LTE coverage data and subsidy data from the Universal Service Administrative Company (USAC). 2. The MF–II Challenge Process Order, 82 FR 42473, September 8, 2017, established the framework for a robust challenge process that will refine the map of areas presumptively eligible to receive MF–II support. This challenge process is designed to efficiently resolve disputes about areas that are presumptively ineligible through the submission, analysis, and validation of mobile network speed test data. The Commission initially established a 150day challenge window for interested parties to contest the initial determination of areas deemed presumptively ineligible for MF–II support. The challenge window opened on March 29, 2018, and it was scheduled to close on August 27, 2018. 3. As part of the challenge process framework, the Commission established various parameters for the acceptance of speed test data, including that such data would only be accepted if they were collected within six months of the scheduled close of the challenge window. That six-month period commenced on February 27, 2018. After the close of the challenge window, a respondent (i.e., a ‘‘challenged party’’) will have the opportunity to respond to challenges by submitting its own speed test data or certain technical information that is probative of the validity of the challenger’s speed tests. Speed test data submitted by respondents is subject to the same standards and requirements applicable to challengers, except that the Commission established in the MF–II Challenge Process Order that it would only accept data submitted by a respondent that was collected within six months of the scheduled close of the response window. 4. After the Commission adopted the timeframe for the challenge window, the Rural Wireless Association (RWA) submitted data regarding estimated burdens of the challenge process, including specific estimates of the amount of time required to conduct speed tests in certain areas. 5. The Commission extended the previously established deadline for challengers to submit data in the challenge process and provide an additional 90 days, until November 26, 2018, for the submission and certification of challenges. The Commission direct USAC to implement this change in the challenge portal. E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44238-44241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18796]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID: FEMA-2018-0015]
RIN 1660-AA94


Removal of Dispute Resolution Pilot Program for Public Assistance 
Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is removing its 
regulations regarding its Dispute Resolution Pilot Program (DRPP) for 
the Public Assistance Program. The statutory authority for the DRPP 
sunset on December 31, 2015.

DATES: This rule is effective August 30, 2018.

ADDRESSES: The docket for this rulemaking is available for inspection 
using the Federal eRulemaking Portal at http://www.regulations.gov and 
can be viewed by following that website's instructions.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, 
Regulatory Affairs, Office of Chief Counsel, Federal Emergency 
Management Agency, 500 C Street SW,

[[Page 44239]]

Washington, DC 20472, 202-646-4046, or (email) [email protected].

SUPPLEMENTARY INFORMATION: Section 1105 of the Sandy Recovery 
Improvement Act of 2013 (SRIA), Public Law 113-2, 127 Stat. 43 (Jan. 
29, 2013), 42 U.S.C. 5189a note, directed FEMA to establish a Dispute 
Resolution Pilot Program (DRPP). The DRPP allowed applicants to choose 
arbitration by an independent review panel in lieu of a second appeal 
to resolve disputes relating to Public Assistance projects. FEMA 
published a final rule on August 16, 2013 (78 FR 49950) to establish 
the DRPP. The regulation is located at 44 CFR 206.210.
    Under section 1105 of SRIA, the authority to accept requests for 
arbitration pursuant to the DRPP sunset on December 31, 2015. FEMA did 
not receive any requests for arbitration under the DRPP. As the 
authority for the DRPP has sunset, FEMA is now removing the regulations 
from the CFR.

Regulatory Analysis

Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies 
to publish a notice of proposed rulemaking in the Federal Register and 
provide interested persons the opportunity to submit comments. See 5 
U.S.C. 553(b) and (c). The APA provides an exception to this 
requirement for rules of agency organization, procedure, or practice. 5 
U.S.C. 553(b)(A). The final rule that established 44 CFR 206.210 was a 
rule of agency organization, procedure, or practice, and was 
promulgated without notice and comment rulemaking. This removal of that 
rule is also a rule of agency organization, procedure, or practice. 
Removing these regulations is consistent with FEMA's current statutory 
authority and does not affect the substantive rights or interests of 
the public.
    The APA also provides an exception from notice and comment 
procedures when an agency finds for good cause that those procedures 
are impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(b)(B). FEMA finds good cause to issue this rule without 
prior notice or comment, as such procedures are unnecessary. The 
removal of these regulations would have no substantive effect on the 
public because the statutory authority for the DRPP has sunset.
    The APA generally requires that substantive rules incorporate a 30-
day delayed effective date. 5 U.S.C. 553(d). This rule, however, is 
merely procedural and does not impose substantive requirements; thus, 
FEMA finds that a delayed effective date is unnecessary.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (April 5, 2017).
    SRIA included a sunset provision of December 31, 2015 for the DRPP. 
Accordingly, the program is discontinued and there are no costs or cost 
savings associated with removing the regulations regarding the DRPP. 
This rule's benefits include a more streamlined CFR that reflects 
current program options.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and 
section 213(a) of the Small Business Regulatory Enforcement Fairness 
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996) 
(5 U.S.C. 601 note) require that special consideration be given to the 
effects of regulations on small entities. The RFA applies only when an 
agency is ``required by section 553 . . . to publish general notice of 
proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA 
analysis is not required for this rulemaking because FEMA is not 
required to publish a notice of proposed rulemaking.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504, 
1531-1536, 1571, pertains to any rulemaking which is likely to result 
in the promulgation of any rule that includes a Federal mandate that 
may result in the expenditure by State, local, and Tribal governments, 
in the aggregate, or by the private sector, of $100 million (adjusted 
annually for inflation) or more in any one year. If the rulemaking 
includes a Federal mandate, the Act requires an agency to prepare an 
assessment of the anticipated costs and benefits of the Federal 
mandate. The Act also pertains to any regulatory requirements that 
might significantly or uniquely affect small governments. Before 
establishing any such requirements, an agency must develop a plan 
allowing for input from the affected governments regarding the 
requirements.
    FEMA has determined that this rulemaking will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
nor by the private sector, of $100,000,000 or more in any one year as a 
result of a Federal mandate, and it will not significantly or uniquely 
affect small governments. Therefore, no actions are deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public 
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.), 
FEMA 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 control number.
    Due to this final rule, FEMA will remove FEMA Form 055-0-0-1, 
Request for Arbitration and Recommendation resulting from Dispute 
Resolution Pilot Program from information collection, OMB Control 
Number 1660-0017, Public Assistance Program. Since the program is 
discontinued, the form is no longer required, and FEMA is removing the 
associated hour burden estimates which equal 60 hours. Thus, the total 
hour burden for this collection is being reduced from 425,736 to 
425,676.

Collection of Information

    Title: Public Assistance Program.
    OMB Number: 1660-0017.

[[Page 44240]]

    FEMA Forms: FEMA Form 009-0-49 Request for Public Assistance; FEMA 
Form 009-0-91 Project Worksheet (PW); FEMA Form 009-0-91A Project 
Worksheet (PW)--Damage Description and Scope of Work Continuation 
Sheet; FEMA Form 009-0-91B Project Worksheet (PW)--Cost Estimate 
Continuation Sheet; FEMA Form 009-0-91C Project Worksheet (PW)--Maps 
and Sketches Sheet; FEMA Form 009-0-91D Project Worksheet (PW)--Photo 
Sheet; FEMA Form 009-0-120 Special Considerations Questions; FEMA Form 
009-0-121 PNP Facility Questionnaire; FEMA Form 009-0-123 Force Account 
Labor Summary Record; FEMA Form 009-0-124 Materials Summary Record; 
FEMA Form 009-0-125 Rented Equipment Summary Record; FEMA Form 009-0-
126 Contract Work Summary Record; FEMA Form 009-0-127 Force Account 
Equipment Summary Record; FEMA Form 009-0-128 Applicant's Benefits 
Calculation Worksheet; and FEMA Form 009-0-111, Quarterly Progress 
Reports.
    Abstract: The information collected is utilized by FEMA to make 
determinations for Public Assistance grants based on the information 
supplied by the respondents.
    Affected Public: State, Local or Tribal government.
    Estimated Number of Respondents: 1012.
    Estimated Number of Responses: 398,068.
    Estimated Total Annual Burden Hours: 425,676.
    Estimated Total Annual Respondent Cost: The estimated annual cost 
to respondents for the hour burden is $26,306,779.
    Estimated Respondents' Operation and Maintenance Costs: None.
    Estimated Respondents' Capital and Start-Up Costs: None.
    Estimated Total Annual Cost to the Federal Government: $805,311.96.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Executive Order 13175, ``Consultation and Coordination With Indian 
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency 
regulations that have Tribal implications, that is, regulations that 
have substantial direct effects 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. Under this Executive Order, to the extent 
practicable and permitted by law, no agency shall promulgate any 
regulation that has Tribal implications, that imposes substantial 
direct compliance costs on Indian Tribal governments, and that is not 
required by statute, unless funds necessary to pay the direct costs 
incurred by the Indian Tribal government or the Tribe in complying with 
the regulation are provided by the Federal Government, or the agency 
consults with Tribal officials.
    FEMA is removing the DRPP regulations, whose legislative authority 
has sunset. The removal of these regulations will have no substantive 
effect on the public since the statutory authority for the program has 
sunset and will not affect the substantive rights or interests of 
Indian Tribal governments.

Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10, 
1999, sets forth principles and criteria that agencies must adhere to 
in formulating and implementing policies that have federalism 
implications, that is, regulations that have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. Federal agencies must closely examine 
the statutory authority supporting any action that would limit the 
policymaking discretion of the States, and to the extent practicable, 
must consult with State and local officials before implementing any 
such action.
    FEMA has determined that this rulemaking does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, and 
therefore does not have federalism implications as defined by the 
Executive Order.

National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as 
amended, 42 U.S.C. 4321 et seq., an agency must prepare an 
environmental assessment or environmental impact statement for any 
rulemaking that significantly affects the quality of the human 
environment. FEMA has determined that this rulemaking does not 
significantly affect the quality of the human environment and 
consequently has not prepared an environmental assessment or 
environmental impact statement.
    Rulemaking is a major Federal action subject to NEPA. Categorical 
exclusion A3 included in the list of exclusion categories at Department 
of Homeland Security Instruction Manual 023-01-001-01, Revision 01, 
Implementation of the National Environmental Policy Act, Appendix A, 
issued November 6, 2014, covers the promulgation of rules, issuance of 
rulings or interpretations, and the development and publication of 
policies, orders, directives, notices, procedures, manuals, and 
advisory circulars if they meet certain criteria provided in A3(a-f). 
This rule meets Categorical Exclusion A3(a), which covers rules of a 
strictly administrative or procedural nature.

Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5 
U.S.C. 801-808, before a rule can take effect, the Federal agency 
promulgating the rule must submit to Congress and to the Government 
Accountability Office (GAO) a copy of the rule; a concise general 
statement relating to the rule, including whether it is a major rule; 
the proposed effective date of the rule; a copy of any cost-benefit 
analysis; descriptions of the agency's actions under the Regulatory 
Flexibility Act and the Unfunded Mandates Reform Act; and any other 
information or statements required by relevant executive orders.
    FEMA has sent this final rule to the Congress and to GAO pursuant 
to the CRA. The rule is not a ``major rule'' within the meaning of the 
CRA. It will not have an annual effect on the economy of $100,000,000 
or more; 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; and it will not 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 in domestic and export markets.

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.

    For the reasons set forth in the preamble, the Federal Emergency 
Management Agency amends 44 CFR part 206 as set forth below:

[[Page 44241]]

PART 206--FEDERAL DISASTER ASSISTANCE

0
1. The authority citation for part 206 is revised 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.  206.210   [Removed and Reserved]

0
2. Remove Sec.  206.210.

    Dated: August 23, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18796 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-11-P