[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Proposed Rules]
[Pages 55262-55263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27430]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 206
RIN 3067-AC60
Disaster Assistance; Restoration of Damaged Facilities
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule would require that eligible costs
associated with State and local repair or replacement standards
(building codes), which change the predisaster construction of a
facility, be limited to the standards that are in place at the time of
the disaster declaration date. The standards must be in writing and
formally adopted by the applicant or State on or before the disaster
declaration date. The proposed rule would become effective for
disasters declared one (1) year or more after the publication of the
final rule.
DATES: We invite comments on this proposed rule and will accept
comments until December 24, 1996.
ADDRESSES: Please send written comments to the Rules Docket Clerk,
Office of the General Counsel, Federal Emergency Management Agency, 500
C Street SW., Washington, DC 20472, (facsimile) (202) 646-4536.
[[Page 55263]]
FOR FURTHER INFORMATION CONTACT: Gregory Ormsby, Engineer, Federal
Emergency Management Agency, room 713, 500 C Street SW., Washington, DC
20472, (202) 646-2726.
SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. 5121 et
seq., authorizes the President to provide supplemental assistance to
State and local governments and certain private nonprofit organizations
after the President declares a major disaster. Section 406 of the
Stafford Act, ``Repair, Restoration, and Replacement of Damaged
Facilities,'' authorizes the President to fund the repair, restoration,
reconstruction, or replacement of a damaged public facility or private
nonprofit facility ``. . . on the basis of the design of the facility
as it existed immediately prior to the major disaster and in conformity
with current applicable codes, specifications, and standards.'' Under
authority delegated by the President to FEMA, we have interpreted the
phrase, ``. . . in conformity with current codes, specifications, and
standards . . .'' to mean those codes, specifications, and standards
that are officially adopted and implemented before project approval,
that is, the date FEMA approves the repair estimate for a specific
facility. This interpretation is codified at 44 CFR 206.226(b)(3).
44 CFR 206.226(b)(3) allows applicants to incorporate new codes and
standards in the eligible repair of damaged facilities as well as the
construction of new facilities. Damage mitigation achieved by the new
codes would lessen the impact of future disasters and reduce future
Federal disaster expenditures. This change was made from pre-Stafford
Act regulations to encourage adoption of codes at a time when there is
a heightened awareness of the need for improved codes.
Recently, FEMA has experienced several unintended consequences of
this interpretation of the law, which have had negative impacts on the
program. We have experienced protracted delays in repairing eligible
projects as applicants debate the adoption of codes and standards that
will affect eligible damaged facilities and the amount of Federal
assistance they will receive. After adopting new codes and standards,
there have been protracted discussions with FEMA regarding the
applicability of the new codes and standards to the damaged facilities.
These actions have resulted in extensive delays in repairing damaged
facilities and subsequently in closing out disasters.
After review of the statute and a General Accounting Office (GAO)
report entitled ``Disaster Assistance: Improvements Needed in
Determining Eligibility for Public Assistance'' (GAO/RCED-96-113),
which commented on this provision in the regulations, FEMA determined
that its current interpretation is not fully consistent with
Congressional intent. FEMA believes that the word ``current'' means at
the time of the disaster and not at the time of project approval. This
is consistent with Congressional intent.
Accordingly, FEMA proposes to revise 44 CFR 206.226 (b)(3) to
reflect this revised interpretation. The proposed rule would become
effective for disasters declared one year or more after publication of
the final rule. During this period, applicants will be encouraged to
adopt improved building codes before their next disaster. In this way,
all those structures built between the adoption of a code and the next
disaster will benefit from better construction and have less damage.
All other provisions of 44 CFR 206.226(b) would remain unchanged.
National Environmental Policy Act. This proposed rule would be
categorically excluded from the preparation of environmental impact
statements and environmental assessments as an administrative action in
support of normal day-to-day grant activities. No environmental
assessment or environmental impact statement has been prepared.
Regulatory Flexibility Act. A regulatory impact analysis is in
process to determine the effect of this rule on small communities.
Paperwork Reduction Act. This rule does not involve any collection
of information for the purposes of the Paperwork Reduction Act.
Executive Order 12612, Federalism. In promulgating this rule, FEMA
has considered the President's Executive Order 12612 on Federalism.
This rule makes no changes in the division of governmental
responsibilities between the Federal government and the States. Grant
administration procedures in accordance with 44 CFR Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, remain the same. No Federalism assessment
has been prepared.
Executive Order 12778, Civil Justice Reform. This rule meets the
applicable standards of section 2(b)(2) of Executive Order 12778, Civil
Justice Reform, dated October 25, 1991, 3 CFR, 1991 Comp., p. 359.
List of Subjects in 44 CFR Part 206
Disaster assistance, Public assistance.
Accordingly, 44 CFR part 206 is proposed to be amended as follows:
1. The authority citation for part 206 continues to read as
follows:
Authority: The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12148, 44 FR
43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3
CFR, 1989 Comp., p. 214.
2. Section 206.226 (b)(3) is proposed to be revised to read as
follows:
Sec. 206.226 Restoration of damaged facilities.
* * * * *
(b)(1) * * *
(2) * * *
(3) Be in writing and formally adopted by the applicant or State
prior to the disaster declaration date or be a legal Federal
requirement applicable to the type of restoration;
* * * * *
Dated: October 16, 1996.
James L. Witt,
Director.
[FR Doc. 96-27430 Filed 10-24-96; 8:45 am]
BILLING CODE 6718-02-P
