80_FR_59740 80 FR 59549 - Adoption of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; States and Tribal Mitigation Planning Regulations Change

80 FR 59549 - Adoption of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; States and Tribal Mitigation Planning Regulations Change

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range59549-59551
FR Document2015-24584

On December 19, 2014, all Federal award-making agencies, including the Department of Homeland Security (DHS) and its component, the Federal Emergency Management Agency (FEMA), published a joint interim final rule implementing the Office of Management and Budget (OMB)'s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. DHS and FEMA now adopt, with one change, the interim final rule as final. The change restores language in the FEMA State and Tribal mitigation planning regulations that was inadvertently removed by the interim final rule.

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59549-59551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24584]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules 
and Regulations

[[Page 59549]]



DEPARTMENT OF HOMELAND SECURITY

2 CFR Part 3002

Federal Emergency Management Agency

44 CFR Parts 13, 78, 79, 152, 201, 204, 206, 207, 208, 304, 360, 
and 361

[Docket ID: FEMA-2015-0012]
RIN 1601-AA71


Adoption of Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards; States and Tribal Mitigation 
Planning Regulations Change

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: On December 19, 2014, all Federal award-making agencies, 
including the Department of Homeland Security (DHS) and its component, 
the Federal Emergency Management Agency (FEMA), published a joint 
interim final rule implementing the Office of Management and Budget 
(OMB)'s Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards. DHS and FEMA now adopt, with one 
change, the interim final rule as final. The change restores language 
in the FEMA State and Tribal mitigation planning regulations that was 
inadvertently removed by the interim final rule.

DATES: Effective Date: November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Andrea Brandon, Director, Financial 
Assistance Policy and Oversight (FAPO), Office of the Chief Financial 
Officer (OCIO), DHS, at (202) 447-0675 or [email protected]. 
Paul Huang, Acting Division Director, Risk Analysis Division, Federal 
Insurance and Mitigation Administration, DHS/FEMA, at (202) 646-3252 or 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 23, 2009, the President issued Executive Order 13520 
(``Reducing Improper Payments and Eliminating Waste in Federal 
Programs''). On February 28, 2011, the President issued a Presidential 
Memorandum (``Administrative Flexibility, Lower Costs, and Better 
Results for State, Local, and Tribal Governments''). These documents 
directed OMB to work with Executive Branch agencies to potentially 
establish reforms on Federal grant policies.
    In response, on October 27, 2011, OMB established the Council on 
Financial Assistance Reform, an interagency group of Executive Branch 
officials tasked with creating an accountable structure to coordinate 
financial assistance, streamline Federal grant-making requirements, 
ease administrative burdens, and strengthen Federal fund oversight to 
reduce risks of waste, fraud, and abuse.
    On February 28, 2012, OMB published an Advanced Notice of Proposed 
Guidance. See 77 FR 11778. On February 1, 2013, OMB published a Notice 
of Proposed Guidance. See 78 FR 7282. Both documents solicited public 
comment on ideas for reforming the requirements that govern the 
management of Federal financial assistance awards. On December 26, 
2013, OMB published the Uniform Guidance, which added Part 200 (``OMB 
Guidance'') to Title 2 (``Grants and Agreements'') of the Code of 
Federal Regulations. See 79 FR 75871. The Uniform Guidance included:
     The consolidation of eight previously-issued OMB Circulars 
on grants and awards;
     A uniform set of administrative requirements for grant 
recipients;
     A focus on grantee performance over compliance for 
accountability;
     An emphasis on efficient uses of information technology 
and shared services;
     A uniform set of cost principles that treats costs 
transparently and consistently;
     A limitation on allowable costs in order to make best uses 
of Federal resources;
     The standardization of business processes using consistent 
data element definitions;
     An emphasis on oversight by reviewing risks prior to 
awarding grants; and
     A uniform set of audit requirements that prioritizes 
identifying the risks of fraud, waste, and abuse.
    The Uniform Guidance required Federal agencies to implement the 
policies and procedures applicable to Federal awards by promulgating a 
regulation to be effective by December 26, 2014. See 2 CFR 200.110.
    On December 19, 2014, all Federal award-making agencies promulgated 
a joint interim final rule implementing the Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards. See 79 FR 75871. In the interim final rule, DHS adopted OMB's 
Guidance as DHS's own via 2 CFR part 3002, and FEMA removed 44 CFR part 
13 (FEMA's grant administration regulations). Also, throughout Title 
44, FEMA replaced all references to Part 13 with corresponding 
references to 2 CFR parts 200 and 3002, as applicable.
    During the joint interim final rule's comment period, OMB received 
61 comments from individuals and organizations. No comments OMB 
received referenced DHS or FEMA. Thus, DHS and FEMA are adopting the 
interim final rule as final, with one change.

II. Change to December 19, 2014 Interim Final Rule

    FEMA's mitigation planning regulations are located at 44 CFR part 
201, and set forth instructions on the policies and procedures for 
State, Tribal, and local hazard mitigation planning. Hazard mitigation 
is any sustained action taken to reduce or eliminate long-term risk to 
people and property from natural hazards and their effects. The purpose 
of hazard mitigation planning is to identify policies and actions that 
can be implemented over the long-term to reduce risk and future losses. 
State, Indian Tribal, and local governments are required to develop a 
hazard mitigation plan as one of the conditions for establishing 
eligibility for certain types of Federal non-emergency disaster 
assistance and FEMA mitigation grants.
    The December 19, 2014 joint interim final rule contained an 
inadvertent error

[[Page 59550]]

to FEMA's Standard State Mitigation Planning regulations at 44 CFR 
201.4(c)(7) and to FEMA's Tribal Mitigation Planning regulations at 44 
CFR 201.7(c)(6). Prior to the December 19, 2014 joint interim final 
rule, these sections read as published in Title 44 of the Code of 
Federal Regulations, revised as of October 1, 2014.
    In the December 19, 2014 joint interim final rule, FEMA revised the 
first sentences of 44 CFR 201.4(c)(7) and 44 CFR 201.7(c)(6) with a 
general citation to 2 CFR parts 200 and 3002. However, FEMA 
unintentionally removed the second sentence of these sections and thus 
inadvertently removed a procedure by which States and Indian Tribal 
governments amend their mitigation plans when necessary to reflect 
changes in State, Indian Tribal, or Federal laws or regulations. In 
this final rule, FEMA is reinserting this provision.
    While FEMA previously referenced 44 CFR 13.11(d) in both 44 CFR 
201.4(c)(7) and in 44 CFR 201.7(c)(6), FEMA, as noted above, removed 44 
CFR part 13 and replaced all references to Part 13 with corresponding 
references to 2 CFR parts 200 and 3002, as applicable. There are no 
corresponding pinpoint cites in 2 CFR part 200 or Part 3002 that 
replace the requirements found at 44 CFR 13.11(d). Thus, FEMA cannot 
carry this reference over to the revised regulations. FEMA regulations 
have included the procedure for States and Indian Tribal governments 
since 2002 and 2007, respectively, to amend their plans to reflect 
changes in State, Indian Tribal, or Federal laws, statutes and 
regulations, as applicable. As FEMA is simply reinserting an 
inadvertently removed and longstanding provision, this change does not 
create new program requirements. FEMA also describes these provisions 
in various guidance materials and is revising the references as 
applicable.\1\
---------------------------------------------------------------------------

    \1\ State Multi-Hazard Planning Guidance, effective through 
March 5, 2016, https://www.fema.gov/media-library/assets/documents/103285; State Mitigation Plan Review Guide, effective on March 6, 
2016, https://www.fema.gov/media-library/assets/documents/101659; 
Tribal Multi-Hazard Planning Guidance, https://www.fema.gov/media-library/assets/documents/18355.
---------------------------------------------------------------------------

III. Regulatory Analyses

A. Executive Order 12866 Determination

    Pursuant to Executive Order 12866, as amended, OMB's Office of 
Information and Regulatory Affairs (OIRA) has designated this final 
rule to be not significant.

B. Administrative Procedure Act

    The Administrative Procedure Act (APA) provides that an agency may 
dispense with notice and comment rulemaking procedures when it 
promulgates an interpretive rule, a general statement of policy, or a 
rule of agency organization, procedure, or practice. See 5 U.S.C. 
553(b)(A). DHS is issuing this change to reinstate FEMA procedures 
inadvertently removed in the interim final rule, related to ensuring 
mitigation plan compliance with applicable laws and regulations. Thus, 
DHS finds that this part of the final rule relates to agency procedures 
and is exempt from notice and comment.
    In addition, the APA provides that an agency may dispense with 
notice and comment rulemaking procedures when an agency, for good 
cause, finds those procedures are impracticable, unnecessary, or 
contrary to the public interest. See 5 U.S.C. 553(b)(B). DHS is 
reinserting two provisions concerning mitigation plan compliance with 
applicable laws and regulations, a requirement that was already present 
in 44 CFR 201.4(c)(7) and 44 CFR 201.7(c)(6). Thus, DHS finds that 
notice and comment is unnecessary and that this part of the final rule 
is exempt from notice and comment.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency that is 
issuing a final rule to provide a final regulatory flexibility analysis 
or to certify that the rule will not have a significant economic impact 
on a substantial number of small entities. This final rule imposes no 
cost as the common interim rule implemented OMB final guidance issued 
on December 26, 2013, and did not have a significant economic impact 
beyond the impact of the December 2013 guidance.

D. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal 
agencies to assess the effects of their discretionary regulatory 
actions that may result in the expenditure by a State, local, or Tribal 
government, in the aggregate, or by the private sector of $100,000,000 
or more in any one year. As the final rule would not have an impact 
greater than $100,000,000 or more in any one year, it is not an 
unfunded Federal mandate.

E. Paperwork Reduction Act (PRA) of 1995

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Ch. 3506; 5 CFR Appendix A.1) (PRA), DHS and FEMA reviewed this final 
rule and have determined that there are no new collections of 
information contained therein.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, ``Consultation and Coordination With Indian 
Tribal Governments,'' (65 FR 67249, Nov. 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. DHS and FEMA have determined that this 
final rule does not have any Tribal implications.

G. Executive Order 13132 Determination

    DHS and FEMA have determined that this final rule does not have any 
federalism implications, as required by Executive Order 13132.

List of Subjects

2 CFR Part 3002

    Accounting, Administrative practice and procedure, Adult education, 
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business 
and industry, Civil rights, Colleges and universities, Communications, 
Community development, Community facilities, Copyright, Credit, 
Cultural exchange programs, Educational facilities, Educational 
research, Education, Education of disadvantaged, Education of 
individuals with disabilities, Educational study programs, Electric 
power, Electric power rates, Electric utilities, Elementary and 
secondary education, Energy conservation, Equal educational 
opportunity, Federally affected areas, Government contracts, Grant 
programs, Grant programs-agriculture, Grant programs-business and 
industry, Grant programs-communications, Grant

[[Page 59551]]

programs-education, Grant programs-energy, Grant programs-health, Grant 
programs-housing and community development, Grant programs-social 
programs, Grant administration, Guam, Home improvement, Homeless, 
Hospitals, Housing, Human research subjects, Indians, Indians-
education, Infants and children, Insurance, Intergovernmental 
relations, International organizations, Inventions and patents, Loan 
programs, Loan programs social programs, Loan programs-agriculture, 
Loan programs-business and industry, Loan programs-communications, Loan 
programs-energy, Loan programs-health, Loan programs-housing and 
community development, Manpower training programs, Migrant labor, 
Mortgage insurance, Nonprofit organizations, Northern Mariana Islands, 
Pacific Islands Trust Territories, Privacy, Renewable Energy, Reporting 
and recordkeeping requirements, Rural areas, Scholarships and 
fellowships, School construction, Schools, Science and technology, 
Securities, Small businesses, State and local governments, Student aid, 
Teachers, Telecommunications, Telephone, Urban areas, Veterans, Virgin 
Islands, Vocational education, Vocational rehabilitation, Waste 
treatment and disposal, Water pollution control, Water resources, Water 
supply, Watersheds, Women.

44 CFR Part 13

    Accounting, Grant programs, Indians, Intergovernmental relations, 
Reporting and recordkeeping requirements.

44 CFR Part 78

    Flood insurance, Grant programs.

44 CFR Part 79

    Flood insurance, Grant programs.

44 CFR Part 152

    Fire prevention, Grant programs, Reporting and recordkeeping 
requirements.

44 CFR Part 201

    Administrative practice and procedure, Disaster assistance, Grant 
programs, Reporting and recordkeeping requirements.

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.

44 CFR Part 207

    Administrative practice and procedure, Disaster assistance, Grant 
programs, Reporting and recordkeeping requirements.

44 CFR Part 208

    Disaster assistance, grant programs.

44 CFR Part 304

    American Samoa, Civil defense, Grant programs-National defense, 
Guam, Northern Mariana Islands, Reporting and recordkeeping 
requirements, Virgin Islands.

44 CFR Part 360

    Civil defense, Disaster assistance, Education, Grant programs-
education, Intergovernmental relations, Reporting and recordkeeping 
requirements.

44 CFR Part 361

    Disaster assistance, Grant programs-housing and community 
development, Reporting and recordkeeping requirements.

    Accordingly, the interim final rule amending 2 CFR part 3002 and 44 
CFR parts 13, 78, 79, 152, 201, 204, 206, 207, 208, 304, 360, and 361, 
which was published in the Federal Register at 79 FR 75871 on December 
19, 2014, is adopted as final with the following changes:

Title 44--Emergency Management and Assistance

PART 201--MITIGATION PLANNING

0
1. The authority citation for Part 201 continues to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Reorganization Plan No. 
3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security 
Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 
Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; 
E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166.

0
2. Section 201.4 is amended by adding a sentence to the end of 
paragraph (c)(7) to read as follows:


Sec.  201.4  Standard State Mitigation Plans.

* * * * *
    (c) * * *
    (7) * * * The State will amend its plan whenever necessary to 
reflect changes in State or Federal statutes and regulations.
* * * * *

0
3. Section 201.7 is amended by adding a sentence to the end of 
paragraph (c)(6) to read as follows:


Sec.  201.7  Tribal Mitigation Plans.

* * * * *
    (c) * * *
    (6) * * * The Indian Tribal government will amend its plan whenever 
necessary to reflect changes in Tribal or Federal laws and statutes.
* * * * *

    Dated: September 22, 2015.
Jeh Charles Johnson,
Secretary of Homeland Security.
[FR Doc. 2015-24584 Filed 10-1-15; 8:45 am]
 BILLING CODE 9111-66-P, 9110-17-P



                                                                                                                                                                                                  59549

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 80, No. 191

                                                                                                                                                                Friday, October 2, 2015



                                                  This section of the FEDERAL REGISTER                    and Mitigation Administration, DHS/                      • The standardization of business
                                                  contains regulatory documents having general            FEMA, at (202) 646–3252 or                            processes using consistent data element
                                                  applicability and legal effect, most of which           Paul.Huang@fema.dhs.gov.                              definitions;
                                                  are keyed to and codified in the Code of
                                                                                                          SUPPLEMENTARY INFORMATION:                               • An emphasis on oversight by
                                                  Federal Regulations, which is published under                                                                 reviewing risks prior to awarding grants;
                                                  50 titles pursuant to 44 U.S.C. 1510.                   I. Background                                         and
                                                  The Code of Federal Regulations is sold by                 On November 23, 2009, the President                   • A uniform set of audit requirements
                                                  the Superintendent of Documents. Prices of              issued Executive Order 13520                          that prioritizes identifying the risks of
                                                  new books are listed in the first FEDERAL               (‘‘Reducing Improper Payments and                     fraud, waste, and abuse.
                                                  REGISTER issue of each week.                            Eliminating Waste in Federal                             The Uniform Guidance required
                                                                                                          Programs’’). On February 28, 2011, the                Federal agencies to implement the
                                                                                                          President issued a Presidential                       policies and procedures applicable to
                                                  DEPARTMENT OF HOMELAND                                  Memorandum (‘‘Administrative                          Federal awards by promulgating a
                                                  SECURITY                                                Flexibility, Lower Costs, and Better                  regulation to be effective by December
                                                                                                          Results for State, Local, and Tribal                  26, 2014. See 2 CFR 200.110.
                                                  2 CFR Part 3002                                                                                                  On December 19, 2014, all Federal
                                                                                                          Governments’’). These documents
                                                                                                                                                                award-making agencies promulgated a
                                                                                                          directed OMB to work with Executive
                                                  Federal Emergency Management                                                                                  joint interim final rule implementing
                                                                                                          Branch agencies to potentially establish
                                                  Agency                                                                                                        the Uniform Administrative
                                                                                                          reforms on Federal grant policies.                    Requirements, Cost Principles, and
                                                                                                             In response, on October 27, 2011,                  Audit Requirements for Federal Awards.
                                                  44 CFR Parts 13, 78, 79, 152, 201, 204,
                                                                                                          OMB established the Council on                        See 79 FR 75871. In the interim final
                                                  206, 207, 208, 304, 360, and 361
                                                                                                          Financial Assistance Reform, an                       rule, DHS adopted OMB’s Guidance as
                                                  [Docket ID: FEMA–2015–0012]                             interagency group of Executive Branch                 DHS’s own via 2 CFR part 3002, and
                                                  RIN 1601–AA71
                                                                                                          officials tasked with creating an                     FEMA removed 44 CFR part 13 (FEMA’s
                                                                                                          accountable structure to coordinate                   grant administration regulations). Also,
                                                  Adoption of Uniform Administrative                      financial assistance, streamline Federal              throughout Title 44, FEMA replaced all
                                                  Requirements, Cost Principles, and                      grant-making requirements, ease                       references to Part 13 with corresponding
                                                  Audit Requirements for Federal                          administrative burdens, and strengthen                references to 2 CFR parts 200 and 3002,
                                                  Awards; States and Tribal Mitigation                    Federal fund oversight to reduce risks of             as applicable.
                                                  Planning Regulations Change                             waste, fraud, and abuse.                                 During the joint interim final rule’s
                                                                                                             On February 28, 2012, OMB                          comment period, OMB received 61
                                                  AGENCY:  Federal Emergency                              published an Advanced Notice of                       comments from individuals and
                                                  Management Agency, DHS.                                 Proposed Guidance. See 77 FR 11778.                   organizations. No comments OMB
                                                  ACTION: Final rule.                                     On February 1, 2013, OMB published a                  received referenced DHS or FEMA.
                                                                                                          Notice of Proposed Guidance. See 78 FR                Thus, DHS and FEMA are adopting the
                                                  SUMMARY:   On December 19, 2014, all
                                                                                                          7282. Both documents solicited public                 interim final rule as final, with one
                                                  Federal award-making agencies,
                                                                                                          comment on ideas for reforming the                    change.
                                                  including the Department of Homeland
                                                                                                          requirements that govern the
                                                  Security (DHS) and its component, the                                                                         II. Change to December 19, 2014
                                                                                                          management of Federal financial
                                                  Federal Emergency Management Agency                                                                           Interim Final Rule
                                                                                                          assistance awards. On December 26,
                                                  (FEMA), published a joint interim final
                                                                                                          2013, OMB published the Uniform                          FEMA’s mitigation planning
                                                  rule implementing the Office of
                                                                                                          Guidance, which added Part 200 (‘‘OMB                 regulations are located at 44 CFR part
                                                  Management and Budget (OMB)’s
                                                                                                          Guidance’’) to Title 2 (‘‘Grants and                  201, and set forth instructions on the
                                                  Uniform Administrative Requirements,
                                                                                                          Agreements’’) of the Code of Federal                  policies and procedures for State,
                                                  Cost Principles, and Audit
                                                                                                          Regulations. See 79 FR 75871. The                     Tribal, and local hazard mitigation
                                                  Requirements for Federal Awards. DHS
                                                                                                          Uniform Guidance included:                            planning. Hazard mitigation is any
                                                  and FEMA now adopt, with one change,
                                                                                                             • The consolidation of eight                       sustained action taken to reduce or
                                                  the interim final rule as final. The
                                                                                                          previously-issued OMB Circulars on                    eliminate long-term risk to people and
                                                  change restores language in the FEMA
                                                                                                          grants and awards;                                    property from natural hazards and their
                                                  State and Tribal mitigation planning
                                                                                                             • A uniform set of administrative                  effects. The purpose of hazard
                                                  regulations that was inadvertently
                                                                                                          requirements for grant recipients;                    mitigation planning is to identify
                                                  removed by the interim final rule.
                                                                                                             • A focus on grantee performance                   policies and actions that can be
                                                  DATES: Effective Date: November 2,                      over compliance for accountability;                   implemented over the long-term to
                                                  2015.                                                      • An emphasis on efficient uses of                 reduce risk and future losses. State,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  FOR FURTHER INFORMATION CONTACT:                        information technology and shared                     Indian Tribal, and local governments are
                                                  Andrea Brandon, Director, Financial                     services;                                             required to develop a hazard mitigation
                                                  Assistance Policy and Oversight                            • A uniform set of cost principles that            plan as one of the conditions for
                                                  (FAPO), Office of the Chief Financial                   treats costs transparently and                        establishing eligibility for certain types
                                                  Officer (OCIO), DHS, at (202) 447–0675                  consistently;                                         of Federal non-emergency disaster
                                                  or Andrea.Brandon@hq.dhs.gov. Paul                         • A limitation on allowable costs in               assistance and FEMA mitigation grants.
                                                  Huang, Acting Division Director, Risk                   order to make best uses of Federal                       The December 19, 2014 joint interim
                                                  Analysis Division, Federal Insurance                    resources;                                            final rule contained an inadvertent error


                                             VerDate Sep<11>2014   20:30 Oct 01, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\02OCR1.SGM   02OCR1


                                                  59550              Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations

                                                  to FEMA’s Standard State Mitigation                     B. Administrative Procedure Act                       3506; 5 CFR Appendix A.1) (PRA), DHS
                                                  Planning regulations at 44 CFR                             The Administrative Procedure Act                   and FEMA reviewed this final rule and
                                                  201.4(c)(7) and to FEMA’s Tribal                        (APA) provides that an agency may                     have determined that there are no new
                                                  Mitigation Planning regulations at 44                   dispense with notice and comment                      collections of information contained
                                                  CFR 201.7(c)(6). Prior to the December                  rulemaking procedures when it                         therein.
                                                  19, 2014 joint interim final rule, these                promulgates an interpretive rule, a                   F. Executive Order 13175, Consultation
                                                  sections read as published in Title 44 of               general statement of policy, or a rule of             and Coordination With Indian Tribal
                                                  the Code of Federal Regulations, revised                agency organization, procedure, or                    Governments
                                                  as of October 1, 2014.                                  practice. See 5 U.S.C. 553(b)(A). DHS is
                                                                                                          issuing this change to reinstate FEMA                    Executive Order 13175, ‘‘Consultation
                                                     In the December 19, 2014 joint                                                                             and Coordination With Indian Tribal
                                                  interim final rule, FEMA revised the                    procedures inadvertently removed in
                                                                                                          the interim final rule, related to                    Governments,’’ (65 FR 67249, Nov. 9,
                                                  first sentences of 44 CFR 201.4(c)(7) and                                                                     2000), applies to agency regulations that
                                                  44 CFR 201.7(c)(6) with a general                       ensuring mitigation plan compliance
                                                                                                          with applicable laws and regulations.                 have Tribal implications, that is,
                                                  citation to 2 CFR parts 200 and 3002.                                                                         regulations that have substantial direct
                                                  However, FEMA unintentionally                           Thus, DHS finds that this part of the
                                                                                                          final rule relates to agency procedures               effects on one or more Indian Tribes, on
                                                  removed the second sentence of these                                                                          the relationship between the Federal
                                                  sections and thus inadvertently                         and is exempt from notice and
                                                                                                          comment.                                              Government and Indian Tribes, or on
                                                  removed a procedure by which States                        In addition, the APA provides that an              the distribution of power and
                                                  and Indian Tribal governments amend                     agency may dispense with notice and                   responsibilities between the Federal
                                                  their mitigation plans when necessary to                comment rulemaking procedures when                    Government and Indian Tribes. Under
                                                  reflect changes in State, Indian Tribal,                an agency, for good cause, finds those                this Executive Order, to the extent
                                                  or Federal laws or regulations. In this                 procedures are impracticable,                         practicable and permitted by law, no
                                                  final rule, FEMA is reinserting this                    unnecessary, or contrary to the public                agency shall promulgate any regulation
                                                  provision.                                              interest. See 5 U.S.C. 553(b)(B). DHS is              that has Tribal implications, that
                                                     While FEMA previously referenced 44                  reinserting two provisions concerning                 imposes substantial direct compliance
                                                  CFR 13.11(d) in both 44 CFR 201.4(c)(7)                 mitigation plan compliance with                       costs on Indian Tribal governments, and
                                                  and in 44 CFR 201.7(c)(6), FEMA, as                     applicable laws and regulations, a                    that is not required by statute, unless
                                                  noted above, removed 44 CFR part 13                     requirement that was already present in               funds necessary to pay the direct costs
                                                  and replaced all references to Part 13                  44 CFR 201.4(c)(7) and 44 CFR                         incurred by the Indian Tribal
                                                  with corresponding references to 2 CFR                  201.7(c)(6). Thus, DHS finds that notice              government or the Tribe in complying
                                                  parts 200 and 3002, as applicable. There                and comment is unnecessary and that                   with the regulation are provided by the
                                                  are no corresponding pinpoint cites in                  this part of the final rule is exempt from            Federal Government, or the agency
                                                  2 CFR part 200 or Part 3002 that replace                notice and comment.                                   consults with Tribal officials. DHS and
                                                  the requirements found at 44 CFR                                                                              FEMA have determined that this final
                                                                                                          C. Regulatory Flexibility Act
                                                  13.11(d). Thus, FEMA cannot carry this                                                                        rule does not have any Tribal
                                                                                                             The Regulatory Flexibility Act (RFA)               implications.
                                                  reference over to the revised regulations.              requires an agency that is issuing a final
                                                  FEMA regulations have included the                      rule to provide a final regulatory                    G. Executive Order 13132 Determination
                                                  procedure for States and Indian Tribal                  flexibility analysis or to certify that the             DHS and FEMA have determined that
                                                  governments since 2002 and 2007,                        rule will not have a significant                      this final rule does not have any
                                                  respectively, to amend their plans to                   economic impact on a substantial                      federalism implications, as required by
                                                  reflect changes in State, Indian Tribal,                number of small entities. This final rule             Executive Order 13132.
                                                  or Federal laws, statutes and                           imposes no cost as the common interim
                                                  regulations, as applicable. As FEMA is                  rule implemented OMB final guidance                   List of Subjects
                                                  simply reinserting an inadvertently                     issued on December 26, 2013, and did                  2 CFR Part 3002
                                                  removed and longstanding provision,                     not have a significant economic impact
                                                  this change does not create new                         beyond the impact of the December                       Accounting, Administrative practice
                                                  program requirements. FEMA also                         2013 guidance.                                        and procedure, Adult education, Aged,
                                                  describes these provisions in various                                                                         Agriculture, American Samoa, Bilingual
                                                                                                          D. Unfunded Mandates Reform Act                       education, Blind, Business and
                                                  guidance materials and is revising the
                                                  references as applicable.1                                 The Unfunded Mandates Reform Act                   industry, Civil rights, Colleges and
                                                                                                          of 1995, Public Law 104–4, 109 Stat. 48               universities, Communications,
                                                  III. Regulatory Analyses                                (Mar. 22, 1995) (2 U.S.C. 1501 et seq.),              Community development, Community
                                                                                                          requires Federal agencies to assess the               facilities, Copyright, Credit, Cultural
                                                  A. Executive Order 12866 Determination
                                                                                                          effects of their discretionary regulatory             exchange programs, Educational
                                                    Pursuant to Executive Order 12866, as                 actions that may result in the                        facilities, Educational research,
                                                  amended, OMB’s Office of Information                    expenditure by a State, local, or Tribal              Education, Education of disadvantaged,
                                                  and Regulatory Affairs (OIRA) has                       government, in the aggregate, or by the               Education of individuals with
                                                  designated this final rule to be not                    private sector of $100,000,000 or more                disabilities, Educational study
                                                  significant.                                            in any one year. As the final rule would              programs, Electric power, Electric
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                                                                                                          not have an impact greater than                       power rates, Electric utilities,
                                                     1 State Multi-Hazard Planning Guidance, effective    $100,000,000 or more in any one year,                 Elementary and secondary education,
                                                  through March 5, 2016, https://www.fema.gov/            it is not an unfunded Federal mandate.                Energy conservation, Equal educational
                                                  media-library/assets/documents/103285; State                                                                  opportunity, Federally affected areas,
                                                  Mitigation Plan Review Guide, effective on March        E. Paperwork Reduction Act (PRA) of                   Government contracts, Grant programs,
                                                  6, 2016, https://www.fema.gov/media-library/            1995                                                  Grant programs-agriculture, Grant
                                                  assets/documents/101659; Tribal Multi-Hazard
                                                  Planning Guidance, https://www.fema.gov/media-            In accordance with the Paperwork                    programs-business and industry, Grant
                                                  library/assets/documents/18355.                         Reduction Act of 1995 (44 U.S.C. Ch.                  programs-communications, Grant


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                                                                     Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations                                              59551

                                                  programs-education, Grant programs-                     Penalties, Reporting and recordkeeping                § 201.7    Tribal Mitigation Plans.
                                                  energy, Grant programs-health, Grant                    requirements.                                         *     *     *    *     *
                                                  programs-housing and community                                                                                  (c) * * *
                                                                                                          44 CFR Part 207
                                                  development, Grant programs-social                                                                              (6) * * * The Indian Tribal
                                                  programs, Grant administration, Guam,                     Administrative practice and                         government will amend its plan
                                                  Home improvement, Homeless,                             procedure, Disaster assistance, Grant                 whenever necessary to reflect changes
                                                  Hospitals, Housing, Human research                      programs, Reporting and recordkeeping                 in Tribal or Federal laws and statutes.
                                                  subjects, Indians, Indians-education,                   requirements.
                                                                                                                                                                *     *     *    *     *
                                                  Infants and children, Insurance,                        44 CFR Part 208
                                                  Intergovernmental relations,                                                                                    Dated: September 22, 2015.
                                                  International organizations, Inventions                   Disaster assistance, grant programs.                Jeh Charles Johnson,
                                                  and patents, Loan programs, Loan                        44 CFR Part 304                                       Secretary of Homeland Security.
                                                  programs social programs, Loan                             American Samoa, Civil defense, Grant
                                                                                                                                                                [FR Doc. 2015–24584 Filed 10–1–15; 8:45 am]
                                                  programs-agriculture, Loan programs-                    programs-National defense, Guam,                      BILLING CODE 9111–66–P, 9110–17–P
                                                  business and industry, Loan programs-                   Northern Mariana Islands, Reporting
                                                  communications, Loan programs-                          and recordkeeping requirements, Virgin
                                                  energy, Loan programs-health, Loan                      Islands.                                              DEPARTMENT OF AGRICULTURE
                                                  programs-housing and community
                                                  development, Manpower training                          44 CFR Part 360                                       Animal and Plant Health Inspection
                                                  programs, Migrant labor, Mortgage                         Civil defense, Disaster assistance,                 Service
                                                  insurance, Nonprofit organizations,                     Education, Grant programs-education,
                                                  Northern Mariana Islands, Pacific                       Intergovernmental relations, Reporting                7 CFR Part 301
                                                  Islands Trust Territories, Privacy,                     and recordkeeping requirements.                       [Docket No. APHIS–2015–0040]
                                                  Renewable Energy, Reporting and
                                                  recordkeeping requirements, Rural                       44 CFR Part 361
                                                                                                                                                                Golden Nematode; Removal of
                                                  areas, Scholarships and fellowships,                      Disaster assistance, Grant programs-                Regulated Areas in Orleans, Nassau,
                                                  School construction, Schools, Science                   housing and community development,                    and Suffolk Counties, New York
                                                  and technology, Securities, Small                       Reporting and recordkeeping
                                                  businesses, State and local governments,                requirements.                                         AGENCY:  Animal and Plant Health
                                                  Student aid, Teachers,                                    Accordingly, the interim final rule                 Inspection Service, USDA.
                                                  Telecommunications, Telephone, Urban                    amending 2 CFR part 3002 and 44 CFR                   ACTION: Interim rule and request for
                                                  areas, Veterans, Virgin Islands,                        parts 13, 78, 79, 152, 201, 204, 206, 207,            comments.
                                                  Vocational education, Vocational                        208, 304, 360, and 361, which was
                                                  rehabilitation, Waste treatment and                     published in the Federal Register at 79               SUMMARY:    We are amending the golden
                                                  disposal, Water pollution control, Water                FR 75871 on December 19, 2014, is                     nematode regulations by removing areas
                                                  resources, Water supply, Watersheds,                    adopted as final with the following                   in Orleans, Nassau, and Suffolk
                                                  Women.                                                  changes:                                              Counties in the State of New York from
                                                                                                                                                                the list of generally infested areas.
                                                  44 CFR Part 13                                          Title 44—Emergency Management and                     Surveys and other data have shown that
                                                    Accounting, Grant programs, Indians,                  Assistance                                            certain areas in these counties are free
                                                  Intergovernmental relations, Reporting                                                                        of golden nematode, and we have
                                                                                                          PART 201—MITIGATION PLANNING
                                                  and recordkeeping requirements.                                                                               determined that regulation of these
                                                                                                          ■ 1. The authority citation for Part 201              areas is no longer necessary. As a result
                                                  44 CFR Part 78                                                                                                of this action, areas in Orleans, Nassau,
                                                                                                          continues to read as follows:
                                                     Flood insurance, Grant programs.                                                                           and Suffolk Counties in the State of
                                                                                                            Authority: Robert T. Stafford Disaster
                                                  44 CFR Part 79                                          Relief and Emergency Assistance Act, 42               New York that have been listed as
                                                                                                          U.S.C. 5121 through 5207; Reorganization              generally infested will be removed from
                                                     Flood insurance, Grant programs.                     Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978          the list of areas regulated for golden
                                                  44 CFR Part 152                                         Comp., p. 329; Homeland Security Act of               nematode. This action is necessary to
                                                                                                          2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367,          relieve restrictions on certain areas that
                                                    Fire prevention, Grant programs,                      3 CFR, 1979 Comp., p. 376; E.O. 12148, 44             are no longer necessary.
                                                  Reporting and recordkeeping                             FR 43239, 3 CFR, 1979 Comp., p. 412; E.O.
                                                                                                          13286, 68 FR 10619, 3 CFR, 2003 Comp., p.             DATES: This interim rule is effective
                                                  requirements.
                                                                                                          166.                                                  October 2, 2015. We will consider all
                                                  44 CFR Part 201                                         ■ 2. Section 201.4 is amended by adding               comments that we receive on or before
                                                    Administrative practice and                           a sentence to the end of paragraph (c)(7)             December 1, 2015.
                                                  procedure, Disaster assistance, Grant                   to read as follows:                                   ADDRESSES: You may submit comments
                                                  programs, Reporting and recordkeeping                                                                         by either of the following methods:
                                                  requirements.                                           § 201.4    Standard State Mitigation Plans.             • Federal eRulemaking Portal: Go to
                                                                                                          *      *    *    *     *                              http://www.regulations.gov/
                                                  44 CFR Part 206                                            (c) * * *                                          #!docketDetail;D=APHIS-2015-0040.
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                                                    Administrative practice and                              (7) * * * The State will amend its                   • Postal Mail/Commercial Delivery:
                                                  procedure, Coastal zone, Community                      plan whenever necessary to reflect                    Send your comment to Docket No.
                                                  facilities, Disaster assistance, Fire                   changes in State or Federal statutes and              APHIS–2015–0040, Regulatory Analysis
                                                  prevention, Grant programs-housing and                  regulations.                                          and Development, PPD, APHIS, Station
                                                  community development, Housing,                         *      *    *    *     *                              3A–03.8, 4700 River Road Unit 118,
                                                  Insurance, Intergovernmental relations,                 ■ 3. Section 201.7 is amended by adding               Riverdale, MD 20737–1238.
                                                  Loan programs-housing and community                     a sentence to the end of paragraph (c)(6)               Supporting documents and any
                                                  development, Natural resources,                         to read as follows:                                   comments we receive on this docket


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Document Created: 2015-12-15 08:45:04
Document Modified: 2015-12-15 08:45:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactAndrea Brandon, Director, Financial Assistance Policy and Oversight (FAPO), Office of the Chief Financial Officer (OCIO), DHS, at (202) 447-0675 or [email protected] Paul Huang, Acting Division Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, DHS/FEMA, at (202) 646-3252 or [email protected]
FR Citation80 FR 59549 
RIN Number1601-AA71
CFR Citation2 CFR 3002
44 CFR 13
44 CFR 152
44 CFR 201
44 CFR 204
44 CFR 206
44 CFR 207
44 CFR 208
44 CFR 304
44 CFR 360
44 CFR 361
44 CFR 78
44 CFR 79
CFR AssociatedAccounting; Administrative Practice and Procedure; Adult Education; Aged; Agriculture; American Samoa; Bilingual Education; Blind; Business and Industry; Civil Rights; Colleges and Universities; Communications; Community Development; Community Facilities; Copyright; Credit; Cultural Exchange Programs; Educational Facilities; Educational Research; Education; Education of Disadvantaged; Education of Individuals with Disabilities; Educational Study Programs; Electric Power; Electric Power Rates; Electric Utilities; Elementary and Secondary Education; Energy Conservation; Equal Educational Opportunity; Federally Affected Areas; Government Contracts; Grant Programs; Grant Programs-Agriculture; Grant Programs-Business and Industry; Grant Programs-Communications; Grant Programs-Education; Grant Programs-Energy; Grant Programs-Health; Grant Programs-Housing and Community Development; Grant Programs-Social Programs; Grant Administration; Guam; Home Improvement; Homeless; Hospitals; Housing; Human Research Subjects; Indians; Indians-Education; Infants and Children; Insurance; Intergovernmental Relations; International Organizations; Inventions and Patents; Loan Programs; Loan Programs Social Programs; Loan Programs-Agriculture; Loan Programs-Business and Industry; Loan Programs-Communications; Loan Programs-Energy; Loan Programs-Health; Loan Programs-Housing and Community Development; Manpower Training Programs; Migrant Labor; Mortgage Insurance; Nonprofit Organizations; Northern Mariana Islands; Pacific Islands Trust Territories; Privacy; Renewable Energy; Reporting and Recordkeeping Requirements; Rural Areas; Scholarships and Fellowships; School Construction; Schools; Science and Technology; Securities; Small Businesses; State and Local Governments; Student Aid; Teachers; Telecommunications; Telephone; Urban Areas; Veterans; Virgin Islands; Vocational Education; Vocational Rehabilitation; Waste Treatment and Disposal; Water Pollution Control; Water Resources; Water Supply; Watersheds; Women; Fire Prevention; Disaster Assistance; Coastal Zone; Natural Resources; Penalties; Grant Programs; Civil Defense; Grant Programs-National Defense and Flood Insurance

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