[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 46852-46853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21960]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 206
RIN 3067-AC82
Extensions of Application Period for Temporary Housing Assistance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This rule expands the circumstances under which the Regional
Director may extend the standard 60-day application period for
assistance provided under the Disaster Housing Program. This rule also
retains FEMA's authority to accept an individual application made after
the application period has closed when the applicant's reason for
lateness is justified.
EFFECTIVE DATE: This rule is effective September 27, 1999.
FOR FURTHER INFORMATION CONTACT: Laurence W. Zensinger, Response and
Recovery Directorate, Federal Emergency Management Agency, 500 C Street
SW., Washington, DC 20472, (202) 646-3642, (facsimile) 202-646-2730, or
(e-mail) laurence.zensinger@fema.gov.
SUPPLEMENTARY INFORMATION: On May 6, 1998, we published a proposed rule
in the Federal Register at 63 FR 25010 and invited comments for 60 days
ending on July 6, 1998. We received one set of comments from a legal
assistance attorney. While most of the submitted comments addressed
issues beyond the scope of the proposed rule, those comments that did
address the proposed rule were in favor of placing the flexibility for
an extension to the application period in regulation. The attorney
asked for additional information on two points: (1) What circumstances
may warrant an extension; and (2) what would be sufficient
justification for a late application to be accepted. We will issue a
policy to provide guidance on these points once the final rule is in
effect. We are publishing the final rule with no substantive changes
from what we published as a proposed rule.
National Environmental Policy Act
This rule is categorically excluded from the requirements of 44 CFR
Part 10, Environmental Consideration. We have not prepared an
environmental impact assessment.
Executive Order 12866, Regulatory Planning and Review
This rule is not a significant regulatory action within the meaning
of section 2(f) of Executive Order 12866 of September 30, 1993, 58 FR
51735. To the extent possible, this rule adheres to the regulatory
principles set forth in Executive Order 12866. The Office of Management
and Budget has not reviewed it under the provisions of Executive Order
12866.
Paperwork Reduction Act
This rule does not contain a collection of information requirement
as described in section 3504(h) of the Paperwork Reduction Act.
Executive Order 12612, Federalism
This rule does not involve any policies that have federalism
implications under Executive Order 12612, Federalism, dated October 26,
1987.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778.
Congressional Review of Agency Rulemaking
We have submitted this final rule to the Congress and to the
General Accounting Office under the Congressional Review of Agency
Rulemaking Act, Public Law 104-121. The rule is not a ``major rule''
within the meaning of that Act. It is an administrative action in
support of normal day-to-day activities. It does not result in nor is
it likely to result in 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.
This final rule is exempt (1) from the requirements of the
Regulatory Flexibility Act, and (2) from the Paperwork Reduction Act.
The rule is not an unfunded Federal mandate within the meaning of the
Unfunded Mandates Reform Act of 1995, Public Law 104-4. It does not
meet the $100,000,000 threshold of that Act, and any enforceable duties
are imposed as a condition of Federal assistance or a duty arising from
participation in a voluntary Federal program.
[[Page 46853]]
List of Subjects in 44 CFR Part 206
Administrative practice and procedure, Disaster assistance,
Housing.
Accordingly, we amend 44 CFR part 206 as follows:
PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR
AFTER NOVEMBER 23, 1988
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. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376; 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.
Subpart D--Temporary Housing Assistance
2. We revise Sec. 206.101(e)(1) to read as follows:
Sec. 206.101 Temporary housing assistance.
* * * * *
(e) Applications--(1) Application period. The standard FEMA
application period is the 60 days following the date the President
declares an incident a major disaster or an emergency. The Regional
Director may, however, extend the application period, when we
anticipate that we need more time to collect applications from the
affected population or to establish the same application deadline for
contiguous Counties or States. After the application period has ended,
FEMA will accept and process applications for an additional 60 days
only from persons who can provide an acceptable explanation (and
documentation to substantiate their explanation) for why they were not
able to contact FEMA before the application period ended.
* * * * *
Dated: August 5, 1999.
James L. Witt,
Director.
[FR Doc. 99-21960 Filed 8-26-99; 8:45 am]
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