Removal of Dispute Resolution Pilot Program for Public Assistance Appeals, 44238-44241 [2018-18796]
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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 ...........
*
*
*
*
*
*
*
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*
8/30/2018, [Insert Federal Register citation].
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8/30/2018, [Insert Federal Register citation].
8/30/2018, [Insert Federal Register citation].
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8/30/2018, [Insert Federal Register citation].
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8/30/2018, [Insert Federal Register citation].
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9/12/2014
9/15/2016
9/12/2014
9/15/2016
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44 CFR Part 206
DATES:
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Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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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
https://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
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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.
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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
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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
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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.
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
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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
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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
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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:
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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–
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SUMMARY:
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A257, Washington, DC 20554. The
complete text is also available on the
Commission’s website at https://
wireless.fcc.gov, or by using the search
function on the ECFS web page at
https://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
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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.
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]]>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 https://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
