81 FR 20257 - National Flood Insurance Program: Update To Address Information for Claims Appeals

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range		20257-20258
FR Document		2016-08025

The Federal Emergency Management Agency is revising its regulations to remove address information for the National Flood Insurance Program's claims appeals process.

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Rules and Regulations]
[Pages 20257-20258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08025]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 62

[Docket ID: FEMA-2016-0009]
RIN 1660-AA88


National Flood Insurance Program: Update To Address Information 
for Claims Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: The Federal Emergency Management Agency is revising its 
regulations to remove address information for the National Flood 
Insurance Program's claims appeals process.

DATES: This final rule is effective April 7, 2016.

FOR FURTHER INFORMATION CONTACT: Claudia Murphy, Policyholder Services 
Division Director, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 400 C Street SW., Washington, DC 
20472-3020, 202-646-2775, or (email) [email protected].

SUPPLEMENTARY INFORMATION:

I. Removal of Address

    In accordance with Federal Emergency Management Agency (FEMA) 
regulations at title 44 Code of Federal Regulations (CFR) part 62, 
subpart B, once a flood insurer participating in the National Flood 
Insurance Program (NFIP) issues a final claim determination, a 
policyholder may appeal an action related to the claim taken by the 
insurer, a FEMA employee, or insurance agent. To pursue an appeal, a 
policyholder must submit a written appeal to FEMA within 60 days from 
the date of the decision. See 44 CFR 62.20(e)(1).
    The current regulations at Sec.  62.20(e)(1) indicate that 
policyholders should submit their appeal to: DHS/FEMA, Mitigation 
Directorate, Federal Insurance Administrator, 1800 S. Bell Street, 
Arlington, VA 20598-MS3010. FEMA is removing this address from the 
regulations because the Federal Insurance and Mitigation Administration 
(FIMA), which handles claims appeals, is relocating from Arlington, 
Virginia to Washington, DC, and the address in the regulations will no 
longer be valid. Beginning April 4, 2016, policyholders should submit 
written appeals to FEMA at the following address: Federal Insurance and 
Mitigation Administration (FIMA), DHS/FEMA, 400 C Street SW., 3rd 
Floor, Washington, DC 20472-3020. FEMA is also introducing the option 
to submit written appeals via electronic mail at [email protected].
    FEMA will make this information available on its Web site at 
www.fema.gov. FEMA has decided to no longer include the address in the 
regulations, and instead to continue providing the address via its Web 
site and requiring participating flood insurance carriers to include 
the address in all denial letters,\1\ so that it is more readily 
available to policyholders and so that FEMA can more easily update the 
address.
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    \1\ See FEMA, Memorandum For: WYO Principal Coordinators and the 
NFIP Direct Servicing Agent, FIMA Address Change, W-16011 (March 8, 
2016), http://www.nfipiservice.com/Stakeholder/pdf/bulletin/w-16011.pdf.

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[[Page 20258]]

II. Regulatory Analysis

a. Administrative Procedure Act

    FEMA did not publish a Notice of Proposed Rulemaking for this 
regulation. FEMA finds that this rule is exempt from the Administrative 
Procedure Act's (5 U.S.C. 553(b)) notice and comment rulemaking 
requirements because it is purely procedural in nature. This rule is 
making a technical change to ensure the accuracy of FEMA's regulations 
as FIMA relocates from Arlington, Virginia to Washington, DC. FEMA 
believes this technical amendment is not controversial and will not 
result in any adverse comments. These changes do not confer any 
substantive rights, benefits, or obligations; therefore, this rule will 
have no substantive effect on the public.
    Under 5 U.S.C. 553(d)(3), FEMA has determined it has good cause to 
make this technical amendment effective immediately, so that appellants 
are aware of the new address as soon as possible and their appeals will 
be received at the correct address.

b. Executive Order 12866, as Amended, Regulatory Planning and Review; 
Executive Order 13563, Improving Regulation and Regulatory Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, Oct. 4, 1993), accordingly FEMA has not submitted it to the 
Office of Management and Budget for review. As this rule involves a 
non-substantive change, FEMA expects that it will not impose any costs 
on the public.

c. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires that 
special consideration be given to the effects of proposed regulations 
on small entities. This rule does not require a Notice of Proposed 
Rulemaking and, therefore, is exempt from the requirements of the 
Regulatory Flexibility Act.

d. Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Ch. 3501-3520), FEMA reviewed this final rule and has determined that 
there are no new collections of information contained therein.

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

    This rule does not have Tribal implications under Executive Order 
13175, ``Consultation and Coordination with Indian Tribal Governments'' 
(65 FR 67249, Nov. 9, 2000), because it does not have a substantial 
direct effect 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.

f. Executive Order 13132, Federalism

    A rule has implications for federalism under Executive Order 13132, 
``Federalism'' (64 FR 43255, Aug. 10, 1999), if it has a substantial 
direct effect on State or local governments and would either preempt 
State law or impose a substantial direct cost of compliance on them. 
FEMA has analyzed this rule under that Order and determined that it 
does not have implications for federalism.

g. Congressional Review of Agency Rulemaking

    FEMA has sent this final rule to the Congress and to the Government 
Accountability Office under the Congressional Review of Agency 
Rulemaking Act (Act), Public Law 104-121, 110 Stat. 873 (March 29, 
1996) (5 U.S.C. 804). The rule is not a ``major rule'' within the 
meaning of that Act and will not result in an annual effect on the 
economy of $100,000,000 or more. Moreover, 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. 
FEMA does not expect that it will 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.

List of Subjects in 44 CFR Part 62

    Claims, Flood insurance, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Federal Emergency 
Management Agency is amending 44 CFR part 62 as follows:

PART 62--SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.


0
2. In Sec.  62.20, revise paragraph (e)(1) to read as follows:


Sec.  62.20  Claims appeals.

* * * * *
    (e) * * *
    (1) Submit a written appeal to FEMA within 60 days from the date of 
the decision.
* * * * *

    Authority: 42 U.S.C. 4001 et seq.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-08025 Filed 4-6-16; 8:45 am]
BILLING CODE 9111-A6-P

Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 20257

Dated: March 28, 2016. PART 300—NATIONAL OIL AND ■ 2. Table 1 of Appendix B to Part 300
Mathy Stanislaus, HAZARDOUS SUBSTANCES is amended by adding entries for ‘‘PCE
Assistant Administrator, Office of Land and POLLUTION CONTINGENCY PLAN Former Dry Cleaner’’, ‘‘Old American
Emergency Management. Zinc Plant’’, ‘‘Iowa-Nebraska Light &
■ 1. The authority citation for Part 300 Power Co’’, ‘‘Former Kil-Tone
For reasons set out in the preamble, is revised to read as follows: Company’’ and ‘‘Lea and West Second
40 CFR part 300 is amended as follows: Authority: 33 U.S.C. 1321(d); 42 U.S.C. Street’’ in alphabetical order by state to
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, read as follows:
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 Appendix B to Part 300—National
FR 2923, 3 CFR, 1987 Comp., p. 193. Priorities List

TABLE 1—GENERAL SUPERFUND SECTION
State Site name City/county Notes (a)

* * * * * * *
IA .................. PCE Former Dry Cleaner ....................................................................... Atlantic.

* * * * * * *
IL .................. Old American Zinc Plant ........................................................................ Fairmont City.

* * * * * * *
NE ................ Iowa-Nebraska Light & Power Co .......................................................... Norfolk.

* * * * * * *
NJ ................. Former Kil-Tone Company ..................................................................... Vineland.

* * * * * * *
NM ............... Lea and West Second Street ................................................................. Roswell.

* * * * * * *
(a) A
= Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).

* * * * * Division Director, Federal Insurance and claims appeals, is relocating from
[FR Doc. 2016–07672 Filed 4–6–16; 8:45 am] Mitigation Administration, Federal Arlington, Virginia to Washington, DC,
BILLING CODE 6560–50–P Emergency Management Agency, 400 C and the address in the regulations will
Street SW., Washington, DC 20472– no longer be valid. Beginning April 4,
3020, 202–646–2775, or (email) 2016, policyholders should submit
DEPARTMENT OF HOMELAND Claudia.murphy@fema.dhs.gov. written appeals to FEMA at the
SECURITY SUPPLEMENTARY INFORMATION: following address: Federal Insurance
I. Removal of Address and Mitigation Administration (FIMA),
Federal Emergency Management DHS/FEMA, 400 C Street SW., 3rd
Agency In accordance with Federal
Floor, Washington, DC 20472–3020.
Emergency Management Agency
(FEMA) regulations at title 44 Code of FEMA is also introducing the option to
44 CFR Part 62
Federal Regulations (CFR) part 62, submit written appeals via electronic
[Docket ID: FEMA–2016–0009] mail at FEMA-NFIP-Appeals@
subpart B, once a flood insurer
RIN 1660–AA88 participating in the National Flood fema.dhs.gov.
Insurance Program (NFIP) issues a final FEMA will make this information
National Flood Insurance Program: claim determination, a policyholder available on its Web site at
Update To Address Information for may appeal an action related to the www.fema.gov. FEMA has decided to no
Claims Appeals claim taken by the insurer, a FEMA longer include the address in the
AGENCY: Federal Emergency employee, or insurance agent. To pursue regulations, and instead to continue
Management Agency, DHS. an appeal, a policyholder must submit providing the address via its Web site
a written appeal to FEMA within 60 and requiring participating flood
ACTION: Final rule.
days from the date of the decision. See insurance carriers to include the address
SUMMARY: The Federal Emergency 44 CFR 62.20(e)(1). in all denial letters,1 so that it is more
Management Agency is revising its The current regulations at
readily available to policyholders and so
regulations to remove address § 62.20(e)(1) indicate that policyholders
that FEMA can more easily update the
information for the National Flood should submit their appeal to: DHS/
FEMA, Mitigation Directorate, Federal address.
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Insurance Program’s claims appeals
process. Insurance Administrator, 1800 S. Bell
Street, Arlington, VA 20598–MS3010. 1 See FEMA, Memorandum For: WYO Principal
DATES: This final rule is effective April FEMA is removing this address from the Coordinators and the NFIP Direct Servicing Agent,
7, 2016. regulations because the Federal FIMA Address Change, W–16011 (March 8, 2016),
FOR FURTHER INFORMATION CONTACT: Insurance and Mitigation http://www.nfipiservice.com/Stakeholder/pdf/
Claudia Murphy, Policyholder Services Administration (FIMA), which handles bulletin/w-16011.pdf.

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20258 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations

II. Regulatory Analysis 67249, Nov. 9, 2000), because it does § 62.20 Claims appeals.
not have a substantial direct effect on * * * * *
a. Administrative Procedure Act
one or more Indian Tribes, on the (e) * * *
FEMA did not publish a Notice of relationship between the Federal (1) Submit a written appeal to FEMA
Proposed Rulemaking for this Government and Indian Tribes, or on within 60 days from the date of the
regulation. FEMA finds that this rule is the distribution of power and decision.
exempt from the Administrative responsibilities between the Federal * * * * *
Procedure Act’s (5 U.S.C. 553(b)) notice Government and Indian Tribes.
and comment rulemaking requirements Authority: 42 U.S.C. 4001 et seq.
because it is purely procedural in f. Executive Order 13132, Federalism
W. Craig Fugate,
nature. This rule is making a technical A rule has implications for federalism Administrator, Federal Emergency
change to ensure the accuracy of under Executive Order 13132, Management Agency.
FEMA’s regulations as FIMA relocates ‘‘Federalism’’ (64 FR 43255, Aug. 10, [FR Doc. 2016–08025 Filed 4–6–16; 8:45 am]
from Arlington, Virginia to Washington, 1999), if it has a substantial direct effect BILLING CODE 9111–A6–P
DC. FEMA believes this technical on State or local governments and
amendment is not controversial and will would either preempt State law or
not result in any adverse comments. impose a substantial direct cost of FEDERAL COMMUNICATIONS
These changes do not confer any compliance on them. FEMA has COMMISSION
substantive rights, benefits, or analyzed this rule under that Order and
obligations; therefore, this rule will have determined that it does not have 47 CFR Part 12
no substantive effect on the public. implications for federalism.
Under 5 U.S.C. 553(d)(3), FEMA has [PS Docket No. 14–174, FCC 15–98]
determined it has good cause to make g. Congressional Review of Agency
Rulemaking Ensuring Continuity of 911
this technical amendment effective
Communications
immediately, so that appellants are
FEMA has sent this final rule to the
aware of the new address as soon as AGENCY: Federal Communications
Congress and to the Government
possible and their appeals will be Commission.
Accountability Office under the
received at the correct address. ACTION: Final rule; announcement of
Congressional Review of Agency
b. Executive Order 12866, as Amended, Rulemaking Act (Act), Public Law 104– effective date.
Regulatory Planning and Review; 121, 110 Stat. 873 (March 29, 1996) (5 SUMMARY: In this document, the
Executive Order 13563, Improving U.S.C. 804). The rule is not a ‘‘major Commission announces that the Office
Regulation and Regulatory Review rule’’ within the meaning of that Act of Management and Budget (OMB) has
This rule is not a ‘‘significant and will not result in an annual effect approved, for a period of three years, the
regulatory action’’ under section 3(f) of on the economy of $100,000,000 or information collection associated with
Executive Order 12866, ‘‘Regulatory more. Moreover, it will not result in a the Commission’s Ensuring Continuity
Planning and Review’’ (58 FR 51735, major increase in costs or prices for of 911 Communications Report and
Oct. 4, 1993), accordingly FEMA has not consumers, individual industries, Order’s (Order) consumer disclosure
submitted it to the Office of Federal, State, or local government requirement. This document is
Management and Budget for review. As agencies, or geographic regions. FEMA consistent with the Order, which stated
this rule involves a non-substantive does not expect that it will have that the Commission would publish a
change, FEMA expects that it will not ‘‘significant adverse effects’’ on document in the Federal Register
impose any costs on the public. competition, employment, investment, announcing the effective date of those
productivity, innovation, or on the rules.
c. Regulatory Flexibility Act ability of United States-based
enterprises to compete with foreign- DATES: Effective date: The amendments
The Regulatory Flexibility Act (5
based enterprises. to 47 CFR 12.5(d), published at 80 FR
U.S.C. 601–612) requires that special
62470, October 16, 2015 are effective
consideration be given to the effects of List of Subjects in 44 CFR Part 62 August 5, 2016.
proposed regulations on small entities. Compliance date: For providers with
This rule does not require a Notice of Claims, Flood insurance, Reporting
fewer than 100,000 domestic retail
Proposed Rulemaking and, therefore, is and recordkeeping requirements.
subscriber lines, April 1, 2017.
exempt from the requirements of the For the reasons discussed in the FOR FURTHER INFORMATION CONTACT:
Regulatory Flexibility Act. preamble, the Federal Emergency Linda M. Pintro, Policy and Licensing
d. Paperwork Reduction Act of 1995 Management Agency is amending 44 Division, Public Safety and Homeland
CFR part 62 as follows: Security Bureau, at (202) 418–7490, or
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. Ch. email: linda.pintro@fcc.gov.
PART 62—SALE OF INSURANCE AND
3501–3520), FEMA reviewed this final SUPPLEMENTARY INFORMATION: This
ADJUSTMENT OF CLAIMS
rule and has determined that there are document announces that, on March 21,
no new collections of information 2016, OMB approved, for a period of
■ 1. The authority citation for part 62
contained therein. three years, the information collection
continues to read as follows:
requirements relating to the subscriber
e. Executive Order 13175, Consultation Authority: 42 U.S.C. 4001 et seq.; notification rules contained in the
Lhorne on DSK5TPTVN1PROD with RULES

and Coordination With Indian Tribal Reorganization Plan No. 3 of 1978, 43 FR Commission’s Order, FCC 15–98,
Governments 41943, 3 CFR, 1978 Comp., p. 329; E.O.
published at 80 FR 62470, October 16,
12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR,
This rule does not have Tribal 1979 Comp., p. 376. 2015. The OMB Control Number is
implications under Executive Order 3060–1217. The Commission publishes
13175, ‘‘Consultation and Coordination ■ 2. In § 62.20, revise paragraph (e)(1) to this document as an announcement of
with Indian Tribal Governments’’ (65 FR read as follows: the effective date of the rules. If you

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Document Created: 2016-04-06 23:43:38
Document Modified: 2016-04-06 23:43:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective April 7, 2016.
Contact		Claudia Murphy, Policyholder Services Division Director, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472-3020, 202-646-2775, or (email) [email protected]
FR Citation		81 FR 20257
RIN Number		1660-AA88
CFR Associated		Claims; Flood Insurance and Reporting and Recordkeeping Requirements

81 FR 20257 - National Flood Insurance Program: Update To Address Information for Claims Appeals

DEPARTMENT OF HOMELAND SECURITYFederal Emergency Management Agency

Federal Register Volume 81, Issue 67 (April 7, 2016)

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency