Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program; Public Meetings; Extension of Comment Period, 14067-14068 [2021-05169]

Download as PDF Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Proposed Rules provided requirements for the management of piles of CCR. These specific provisions of the 2015 rule were remanded back to EPA on August 21, 2018, by the U.S. Court of Appeals for the District of Columbia Circuit. To help reconsider these remanded provisions most recently, on December 22, 2020, EPA published a Notice of Data Availability (NODA). See 85 FR 83478. In the NODA, EPA provided public notice of the new information and data the Agency obtained since these provisions were remanded. The new information and data were included in the NODA’s docket at EPA–HQ–OLEM– 2020–0463. In the NODA, EPA sought public comment on whether these new information and data should inform the Agency’s reconsideration of the remanded provisions. Furthermore, EPA solicited additional information and data from the public that may further help inform the Agency’s reconsideration of the remanded provisions. The comment period ended on February 22, 2021. On February 15, 2021, Earthjustice formally requested an additional 60 days to review the NODA and the information in the docket for the NODA; consider the Agency’s request for information; and, develop and submit comments. Earthjustice’s request has been included in the NODA’s docket. In its request, Earthjustice stated that the large volume of documents in the docket requiring review, the scope of additional information being requested by EPA, and the timeline conflict with the development of submissions for the Legacy Impoundment advance notice of proposed rulemaking (85 FR 65015 October 14, 2020), which closed on February 12, 2021, impeded development of comprehensive responses to the NODA request. Earthjustice stated that additional time will result in the Agency receiving more robust data and information submissions from Earthjustice and other environmental organizations. Following this request from Earthjustice, EPA has decided to reopen the comment period for 60 days, from March 12, 2021 to May 11, 2021. List of Subjects in 40 CFR Part 257 Environmental protection, Coal combustion products, Coal combustion residuals, Coal combustion waste, Beneficial use, Disposal, Hazardous waste, Landfill, Surface impoundment. VerDate Sep<11>2014 16:38 Mar 11, 2021 Jkt 253001 Dated: March 9, 2021. Carolyn Hoskinson, Director, Office of Resource Conservation and Recovery. [FR Doc. 2021–05246 Filed 3–11–21; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 206 [Docket ID FEMA–2020–0038] RIN 1660–AA99 Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program; Public Meetings; Extension of Comment Period Federal Emergency Management Agency, Department of Homeland Security. ACTION: Announcement of public meetings; extension of comment period. AGENCY: The Federal Emergency Management Agency (FEMA) is further extending the public comment period for its proposed rule published December 14, 2020, and will hold two additional public meetings remotely via web conference to solicit feedback on the proposed rule. The rule proposed to substantively revise the ‘‘estimated cost of the assistance’’ disaster declaration factor that FEMA uses to review a Governor’s request for a major disaster under the Public Assistance Program. DATES: Written comments on the proposed rule published at 85 FR 80719 (December 14, 2020) may be submitted until 11:59 p.m. Eastern Time (ET) on Monday, April 12, 2021. FEMA will hold meetings on Monday, March 22, 2021, from 4 to 6 p.m. ET, and Tuesday, March 23, 2021, from 2 to 4 p.m. ET. The public meeting on March 23 will be focused on issues specific to Indian Tribal governments. Depending on the number of speakers, the meetings may end before the time indicated, following the last call for comments. ADDRESSES: The public meetings will be held via web conference. Members of the public may register to attend the meetings online at the following links: For the March 22 meeting: https:// attendee.gotowebinar.com/register/ 7166868991421456908. For the March 23 Tribal meeting: https://attendee.gotowebinar.com/ register/812338295713499916. SUMMARY: PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 14067 If you would like to speak at a meeting, please indicate that on the registration form. For the March 23 meeting, FEMA will be prioritizing comments from representatives and members of Indian Tribal governments. If there is time remaining in a meeting after all registered speakers have finished, FEMA will invite comments from others in attendance. Reasonable accommodations are available for people with disabilities. To request a reasonable accommodation, contact the person listed in the FOR FURTHER INFORMATION CONTACT section below as soon as possible. Last minute requests will be accepted but may not be possible to fulfill. Written comments on the proposed rule must be submitted via the Federal eRulemaking Portal at https:// www.regulations.gov. Search for FEMA– 2020–0038–0001 and follow the instructions for submitting comments. All written comments received, including any personal information provided, may be posted without alteration at https:// www.regulations.gov. All comments on the proposed rule made during the meetings will be posted to the rulemaking docket on https:// www.regulations.gov. For access to the docket and to read comments received by FEMA, go to https://www.regulations.gov and search for Docket ID FEMA–2020–0038. Tod Wells, Deputy Division Director, Recovery Directorate, Public Assistance, via email at FEMA-PA-PolicyQuestions@fema.dhs.gov or via phone at (202) 646–2500. FOR FURTHER INFORMATION CONTACT: On December 14, 2020, FEMA published a proposed rule titled Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program.1 Pursuant to 44 CFR 206.48(a), FEMA considers several factors when determining whether to recommend that the President declare a major disaster authorizing the Public Assistance program. In the Disaster Recovery Reform Act of 2018 (DRRA),2 Congress directed FEMA to generally review those factors, specifically the estimated cost of the assistance factor, and to update them through rulemaking, as appropriate.3 Congress also directed FEMA to give greater consideration to the recent multiple disasters and SUPPLEMENTARY INFORMATION: 1 85 FR 80719 (Dec. 14, 2020). Law 115–254, 132 Stat. 3438 (Oct. 5, 2 Public 2018). 3 DRRA sec. 1239. E:\FR\FM\12MRP1.SGM 12MRP1 14068 Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Proposed Rules localized impacts factors 4 when evaluating a request for a major disaster.5 As published on December 14, 2020, FEMA proposes to amend the estimated cost of the assistance factor in 44 CFR 206.48(a)(1) to raise the per capita indicator and the minimum threshold. As is detailed in the proposed rule, the current per capita indicator and minimum threshold do not provide an accurate measure of States’ capabilities to respond to disasters.6 FEMA does not propose to substantively revise the localized impacts factor because it is already sufficiently flexible to address the requirements of section 1232 of the DRRA. FEMA also does not propose any revisions to the recent multiple disasters factor, but requests comment on whether the 12-month time limit currently in place is sufficient to address this factor as required by the DRRA. CFR 206.48(a)(2), (5). sec. 1232. 6 See 85 FR 80719. DRRA further provided that FEMA shall engage in meaningful consultation with relevant representatives of State, regional, local, and Indian Tribal government stakeholders.7 In fulfillment of this requirement, FEMA held a public meeting on February 24, 2021, to solicit feedback on the proposed rule from its stakeholders and extended the comment period for the rule from February 12 to March 12, 2021.8 Due to technical difficulties at the February 24 meeting, FEMA is further extending the comment period until April 12, 2021, and will hold two additional public meetings on March 22 and 23, 2021, to ensure all interested parties have the fullest opportunity to provide comments on the proposed rule. The meeting on March 23 will focus on the potential impact of the proposed rule on Indian Tribal governments and is intended to give Tribal members and representatives a separate opportunity to provide their feedback on the proposed rule. FEMA welcomes input, 4 44 5 DRRA VerDate Sep<11>2014 16:38 Mar 11, 2021 7 DRRA sec. 1239. 8 86 FR 8334 (Feb. 5, 2021). Jkt 253001 PO 00000 Frm 00052 Fmt 4702 Sfmt 9990 both at the meetings and in written comments submitted separately, on considerations of local economic factors such as the local assessable tax base; the local sales tax; the median income and poverty rate of the local affected area as it compares to that of the State and the economic health of the State, including such factors as the State unemployment rate compared to the national rate; and how such factors can be used to evaluate whether the affected State and local governments have been overwhelmed.9 FEMA will carefully consider all relevant comments received during the meetings and during the rest of the comment period when determining whether to issue a final rule. MaryAnn Tierney, Acting Deputy Administrator, Federal Emergency Management Agency. [FR Doc. 2021–05169 Filed 3–11–21; 8:45 am] BILLING CODE 9111–23–P 9 See Explanatory Statement for H.R.133, Consolidated Appropriations Act, 2021, 166 Cong. Rec. H8479 (daily ed. Dec. 21, 2020). E:\FR\FM\12MRP1.SGM 12MRP1

Agencies

[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14067-14068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05169]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID FEMA-2020-0038]
RIN 1660-AA99


Cost of Assistance Estimates in the Disaster Declaration Process 
for the Public Assistance Program; Public Meetings; Extension of 
Comment Period

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Announcement of public meetings; extension of comment period.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is further 
extending the public comment period for its proposed rule published 
December 14, 2020, and will hold two additional public meetings 
remotely via web conference to solicit feedback on the proposed rule. 
The rule proposed to substantively revise the ``estimated cost of the 
assistance'' disaster declaration factor that FEMA uses to review a 
Governor's request for a major disaster under the Public Assistance 
Program.

DATES: Written comments on the proposed rule published at 85 FR 80719 
(December 14, 2020) may be submitted until 11:59 p.m. Eastern Time (ET) 
on Monday, April 12, 2021.
    FEMA will hold meetings on Monday, March 22, 2021, from 4 to 6 p.m. 
ET, and Tuesday, March 23, 2021, from 2 to 4 p.m. ET. The public 
meeting on March 23 will be focused on issues specific to Indian Tribal 
governments. Depending on the number of speakers, the meetings may end 
before the time indicated, following the last call for comments.

ADDRESSES: The public meetings will be held via web conference. Members 
of the public may register to attend the meetings online at the 
following links:
    For the March 22 meeting: https://attendee.gotowebinar.com/register/7166868991421456908.
    For the March 23 Tribal meeting: https://attendee.gotowebinar.com/register/812338295713499916.
    If you would like to speak at a meeting, please indicate that on 
the registration form. For the March 23 meeting, FEMA will be 
prioritizing comments from representatives and members of Indian Tribal 
governments. If there is time remaining in a meeting after all 
registered speakers have finished, FEMA will invite comments from 
others in attendance.
    Reasonable accommodations are available for people with 
disabilities. To request a reasonable accommodation, contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section below as soon as 
possible. Last minute requests will be accepted but may not be possible 
to fulfill.
    Written comments on the proposed rule must be submitted via the 
Federal eRulemaking Portal at https://www.regulations.gov. Search for 
FEMA-2020-0038-0001 and follow the instructions for submitting 
comments.
    All written comments received, including any personal information 
provided, may be posted without alteration at https://www.regulations.gov. All comments on the proposed rule made during the 
meetings will be posted to the rulemaking docket on https://www.regulations.gov.
    For access to the docket and to read comments received by FEMA, go 
to https://www.regulations.gov and search for Docket ID FEMA-2020-0038.

FOR FURTHER INFORMATION CONTACT: Tod Wells, Deputy Division Director, 
Recovery Directorate, Public Assistance, via email at [email protected] or via phone at (202) 646-2500.

SUPPLEMENTARY INFORMATION: On December 14, 2020, FEMA published a 
proposed rule titled Cost of Assistance Estimates in the Disaster 
Declaration Process for the Public Assistance Program.\1\ Pursuant to 
44 CFR 206.48(a), FEMA considers several factors when determining 
whether to recommend that the President declare a major disaster 
authorizing the Public Assistance program. In the Disaster Recovery 
Reform Act of 2018 (DRRA),\2\ Congress directed FEMA to generally 
review those factors, specifically the estimated cost of the assistance 
factor, and to update them through rulemaking, as appropriate.\3\ 
Congress also directed FEMA to give greater consideration to the recent 
multiple disasters and

[[Page 14068]]

localized impacts factors \4\ when evaluating a request for a major 
disaster.\5\
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    \1\ 85 FR 80719 (Dec. 14, 2020).
    \2\ Public Law 115-254, 132 Stat. 3438 (Oct. 5, 2018).
    \3\ DRRA sec. 1239.
    \4\ 44 CFR 206.48(a)(2), (5).
    \5\ DRRA sec. 1232.
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    As published on December 14, 2020, FEMA proposes to amend the 
estimated cost of the assistance factor in 44 CFR 206.48(a)(1) to raise 
the per capita indicator and the minimum threshold. As is detailed in 
the proposed rule, the current per capita indicator and minimum 
threshold do not provide an accurate measure of States' capabilities to 
respond to disasters.\6\ FEMA does not propose to substantively revise 
the localized impacts factor because it is already sufficiently 
flexible to address the requirements of section 1232 of the DRRA. FEMA 
also does not propose any revisions to the recent multiple disasters 
factor, but requests comment on whether the 12-month time limit 
currently in place is sufficient to address this factor as required by 
the DRRA.
---------------------------------------------------------------------------

    \6\ See 85 FR 80719.
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    DRRA further provided that FEMA shall engage in meaningful 
consultation with relevant representatives of State, regional, local, 
and Indian Tribal government stakeholders.\7\ In fulfillment of this 
requirement, FEMA held a public meeting on February 24, 2021, to 
solicit feedback on the proposed rule from its stakeholders and 
extended the comment period for the rule from February 12 to March 12, 
2021.\8\
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    \7\ DRRA sec. 1239.
    \8\ 86 FR 8334 (Feb. 5, 2021).
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    Due to technical difficulties at the February 24 meeting, FEMA is 
further extending the comment period until April 12, 2021, and will 
hold two additional public meetings on March 22 and 23, 2021, to ensure 
all interested parties have the fullest opportunity to provide comments 
on the proposed rule. The meeting on March 23 will focus on the 
potential impact of the proposed rule on Indian Tribal governments and 
is intended to give Tribal members and representatives a separate 
opportunity to provide their feedback on the proposed rule. FEMA 
welcomes input, both at the meetings and in written comments submitted 
separately, on considerations of local economic factors such as the 
local assessable tax base; the local sales tax; the median income and 
poverty rate of the local affected area as it compares to that of the 
State and the economic health of the State, including such factors as 
the State unemployment rate compared to the national rate; and how such 
factors can be used to evaluate whether the affected State and local 
governments have been overwhelmed.\9\
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    \9\ See Explanatory Statement for H.R.133, Consolidated 
Appropriations Act, 2021, 166 Cong. Rec. H8479 (daily ed. Dec. 21, 
2020).
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    FEMA will carefully consider all relevant comments received during 
the meetings and during the rest of the comment period when determining 
whether to issue a final rule.

MaryAnn Tierney,
Acting Deputy Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-05169 Filed 3-11-21; 8:45 am]
BILLING CODE 9111-23-P