83_FR_44407 83 FR 44238 - Removal of Dispute Resolution Pilot Program for Public Assistance Appeals

83 FR 44238 - Removal of Dispute Resolution Pilot Program for Public Assistance Appeals

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range44238-44241
FR Document2018-18796

The Federal Emergency Management Agency (FEMA) is removing its regulations regarding its Dispute Resolution Pilot Program (DRPP) for the Public Assistance Program. The statutory authority for the DRPP sunset on December 31, 2015.

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44238-44241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18796]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID: FEMA-2018-0015]
RIN 1660-AA94


Removal of Dispute Resolution Pilot Program for Public Assistance 
Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is removing its 
regulations regarding its Dispute Resolution Pilot Program (DRPP) for 
the Public Assistance Program. The statutory authority for the DRPP 
sunset on December 31, 2015.

DATES: This rule is effective August 30, 2018.

ADDRESSES: The docket for this rulemaking is available for inspection 
using the Federal eRulemaking Portal at http://www.regulations.gov and 
can be viewed by following that website's instructions.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, 
Regulatory Affairs, Office of Chief Counsel, Federal Emergency 
Management Agency, 500 C Street SW,

[[Page 44239]]

Washington, DC 20472, 202-646-4046, or (email) liza.davis@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: Section 1105 of the Sandy Recovery 
Improvement Act of 2013 (SRIA), Public Law 113-2, 127 Stat. 43 (Jan. 
29, 2013), 42 U.S.C. 5189a note, directed FEMA to establish a Dispute 
Resolution Pilot Program (DRPP). The DRPP allowed applicants to choose 
arbitration by an independent review panel in lieu of a second appeal 
to resolve disputes relating to Public Assistance projects. FEMA 
published a final rule on August 16, 2013 (78 FR 49950) to establish 
the DRPP. The regulation is located at 44 CFR 206.210.
    Under section 1105 of SRIA, the authority to accept requests for 
arbitration pursuant to the DRPP sunset on December 31, 2015. FEMA did 
not receive any requests for arbitration under the DRPP. As the 
authority for the DRPP has sunset, FEMA is now removing the regulations 
from the CFR.

Regulatory Analysis

Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies 
to publish a notice of proposed rulemaking in the Federal Register and 
provide interested persons the opportunity to submit comments. See 5 
U.S.C. 553(b) and (c). The APA provides an exception to this 
requirement for rules of agency organization, procedure, or practice. 5 
U.S.C. 553(b)(A). The final rule that established 44 CFR 206.210 was a 
rule of agency organization, procedure, or practice, and was 
promulgated without notice and comment rulemaking. This removal of that 
rule is also a rule of agency organization, procedure, or practice. 
Removing these regulations is consistent with FEMA's current statutory 
authority and does not affect the substantive rights or interests of 
the public.
    The APA also provides an exception from notice and comment 
procedures when an agency finds for good cause that those procedures 
are impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(b)(B). FEMA finds good cause to issue this rule without 
prior notice or comment, as such procedures are unnecessary. The 
removal of these regulations would have no substantive effect on the 
public because the statutory authority for the DRPP has sunset.
    The APA generally requires that substantive rules incorporate a 30-
day delayed effective date. 5 U.S.C. 553(d). This rule, however, is 
merely procedural and does not impose substantive requirements; thus, 
FEMA finds that a delayed effective date is unnecessary.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (April 5, 2017).
    SRIA included a sunset provision of December 31, 2015 for the DRPP. 
Accordingly, the program is discontinued and there are no costs or cost 
savings associated with removing the regulations regarding the DRPP. 
This rule's benefits include a more streamlined CFR that reflects 
current program options.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and 
section 213(a) of the Small Business Regulatory Enforcement Fairness 
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996) 
(5 U.S.C. 601 note) require that special consideration be given to the 
effects of regulations on small entities. The RFA applies only when an 
agency is ``required by section 553 . . . to publish general notice of 
proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA 
analysis is not required for this rulemaking because FEMA is not 
required to publish a notice of proposed rulemaking.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504, 
1531-1536, 1571, pertains to any rulemaking which is likely to result 
in the promulgation of any rule that includes a Federal mandate that 
may result in the expenditure by State, local, and Tribal governments, 
in the aggregate, or by the private sector, of $100 million (adjusted 
annually for inflation) or more in any one year. If the rulemaking 
includes a Federal mandate, the Act requires an agency to prepare an 
assessment of the anticipated costs and benefits of the Federal 
mandate. The Act also pertains to any regulatory requirements that 
might significantly or uniquely affect small governments. Before 
establishing any such requirements, an agency must develop a plan 
allowing for input from the affected governments regarding the 
requirements.
    FEMA has determined that this rulemaking will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
nor by the private sector, of $100,000,000 or more in any one year as a 
result of a Federal mandate, and it will not significantly or uniquely 
affect small governments. Therefore, no actions are deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public 
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.), 
FEMA may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.
    Due to this final rule, FEMA will remove FEMA Form 055-0-0-1, 
Request for Arbitration and Recommendation resulting from Dispute 
Resolution Pilot Program from information collection, OMB Control 
Number 1660-0017, Public Assistance Program. Since the program is 
discontinued, the form is no longer required, and FEMA is removing the 
associated hour burden estimates which equal 60 hours. Thus, the total 
hour burden for this collection is being reduced from 425,736 to 
425,676.

Collection of Information

    Title: Public Assistance Program.
    OMB Number: 1660-0017.

[[Page 44240]]

    FEMA Forms: FEMA Form 009-0-49 Request for Public Assistance; FEMA 
Form 009-0-91 Project Worksheet (PW); FEMA Form 009-0-91A Project 
Worksheet (PW)--Damage Description and Scope of Work Continuation 
Sheet; FEMA Form 009-0-91B Project Worksheet (PW)--Cost Estimate 
Continuation Sheet; FEMA Form 009-0-91C Project Worksheet (PW)--Maps 
and Sketches Sheet; FEMA Form 009-0-91D Project Worksheet (PW)--Photo 
Sheet; FEMA Form 009-0-120 Special Considerations Questions; FEMA Form 
009-0-121 PNP Facility Questionnaire; FEMA Form 009-0-123 Force Account 
Labor Summary Record; FEMA Form 009-0-124 Materials Summary Record; 
FEMA Form 009-0-125 Rented Equipment Summary Record; FEMA Form 009-0-
126 Contract Work Summary Record; FEMA Form 009-0-127 Force Account 
Equipment Summary Record; FEMA Form 009-0-128 Applicant's Benefits 
Calculation Worksheet; and FEMA Form 009-0-111, Quarterly Progress 
Reports.
    Abstract: The information collected is utilized by FEMA to make 
determinations for Public Assistance grants based on the information 
supplied by the respondents.
    Affected Public: State, Local or Tribal government.
    Estimated Number of Respondents: 1012.
    Estimated Number of Responses: 398,068.
    Estimated Total Annual Burden Hours: 425,676.
    Estimated Total Annual Respondent Cost: The estimated annual cost 
to respondents for the hour burden is $26,306,779.
    Estimated Respondents' Operation and Maintenance Costs: None.
    Estimated Respondents' Capital and Start-Up Costs: None.
    Estimated Total Annual Cost to the Federal Government: $805,311.96.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Executive Order 13175, ``Consultation and Coordination With Indian 
Tribal Governments,'' 65 FR 67249, November 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.
    FEMA is removing the DRPP regulations, whose legislative authority 
has sunset. The removal of these regulations will have no substantive 
effect on the public since the statutory authority for the program has 
sunset and will not affect the substantive rights or interests of 
Indian Tribal governments.

Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10, 
1999, sets forth principles and criteria that agencies must adhere to 
in formulating and implementing policies that have federalism 
implications, that is, regulations that have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. Federal agencies must closely examine 
the statutory authority supporting any action that would limit the 
policymaking discretion of the States, and to the extent practicable, 
must consult with State and local officials before implementing any 
such action.
    FEMA has determined that this rulemaking does not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, and 
therefore does not have federalism implications as defined by the 
Executive Order.

National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as 
amended, 42 U.S.C. 4321 et seq., an agency must prepare an 
environmental assessment or environmental impact statement for any 
rulemaking that significantly affects the quality of the human 
environment. FEMA has determined that this rulemaking does not 
significantly affect the quality of the human environment and 
consequently has not prepared an environmental assessment or 
environmental impact statement.
    Rulemaking is a major Federal action subject to NEPA. Categorical 
exclusion A3 included in the list of exclusion categories at Department 
of Homeland Security Instruction Manual 023-01-001-01, Revision 01, 
Implementation of the National Environmental Policy Act, Appendix A, 
issued November 6, 2014, covers the promulgation of rules, issuance of 
rulings or interpretations, and the development and publication of 
policies, orders, directives, notices, procedures, manuals, and 
advisory circulars if they meet certain criteria provided in A3(a-f). 
This rule meets Categorical Exclusion A3(a), which covers rules of a 
strictly administrative or procedural nature.

Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5 
U.S.C. 801-808, before a rule can take effect, the Federal agency 
promulgating the rule must submit to Congress and to the Government 
Accountability Office (GAO) a copy of the rule; a concise general 
statement relating to the rule, including whether it is a major rule; 
the proposed effective date of the rule; a copy of any cost-benefit 
analysis; descriptions of the agency's actions under the Regulatory 
Flexibility Act and the Unfunded Mandates Reform Act; and any other 
information or statements required by relevant executive orders.
    FEMA has sent this final rule to the Congress and to GAO pursuant 
to the CRA. The rule is not a ``major rule'' within the meaning of the 
CRA. It will not have 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 in domestic and export markets.

List of Subjects in 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.

    For the reasons set forth in the preamble, the Federal Emergency 
Management Agency amends 44 CFR part 206 as set forth below:

[[Page 44241]]

PART 206--FEDERAL DISASTER ASSISTANCE

0
1. The authority citation for part 206 is revised to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1.


Sec.  206.210   [Removed and Reserved]

0
2. Remove Sec.  206.210.

    Dated: August 23, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18796 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-11-P



                                           44238              Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                           Business Regulatory Enforcement                             Filing a petition for reconsideration by                   PART 52—APPROVAL AND
                                           Fairness Act of 1996, generally provides                    the Administrator of this final rule does                  PROMULGATION OF
                                           that before a rule may take effect, the                     not affect the finality of this action for                 IMPLEMENTATION PLANS
                                           agency promulgating the rule must                           the purposes of judicial review nor does
                                           submit a rule report, which includes a                      it extend the time within which a                          ■ 1. The authority citation for part 52
                                           copy of the rule, to each House of the                      petition for judicial review may be filed,                 continues to read as follows:
                                           Congress and to the Comptroller General                     and shall not postpone the effectiveness
                                           of the United States. EPA will submit a                     of such rule or action. This action may                        Authority: 42 U.S.C. 7401 et seq.
                                           report containing this action and other                     not be challenged later in proceedings to
                                                                                                       enforce its requirements. (See section                     Subpart LL—Oklahoma
                                           required information to the U.S. Senate,
                                           the U.S. House of Representatives, and                      307(b)(2).)
                                           the Comptroller General of the United                                                                                  ■  2. In § 52.1920(c), the table titled
                                                                                                       List of Subjects in 40 CFR Part 52                         ‘‘EPA Approved Oklahoma Regulations’’
                                           States prior to publication of the rule in
                                           the Federal Register. A major rule                            Environmental protection, Air                            is amended by revising the entries for
                                           cannot take effect until 60 days after it                   pollution control, Incorporation by                        Sections 252:100–2–3; 252:100–5–2;
                                           is published in the Federal Register.                       reference, Nitrogen dioxide, Ozone,                        252:100–5–2.1; 252:100–5–3; and
                                           This action is not a ‘‘major rule’’ as                      Particulate matter, Reporting and                          252:100, Appendix Q to read as follows:
                                           defined by 5 U.S.C. 804(2).                                 recordkeeping requirements, Sulfur
                                                                                                       oxides, Volatile organic compounds.                        § 52.1920    Identification of plan.
                                              Under section 307(b)(1) of the Clean
                                                                                                         Dated: August 23, 2018.                                  *       *    *        *   *
                                           Air Act, petitions for judicial review of
                                           this action must be filed in the United                     Anne Idsal,                                                    (c) * * *
                                           States Court of Appeals for the                             Regional Administrator, Region 6.
                                           appropriate circuit by October 29, 2018.                      40 CFR part 52 is amended as follows:

                                                                                                    EPA APPROVED OKLAHOMA REGULATIONS
                                                 State citation                        Title/subject                     State effective date                  EPA approval date                 Explanation


                                                   *                          *                    *                               *                       *                   *                          *
                                           252:100–2–3 ...............    Incorporation by reference ...........       9/15/2016                     8/30/2018, [Insert Federal Reg-
                                                                                                                                                       ister citation].

                                                   *                          *                       *                            *                       *                   *                          *
                                           252:100–5–2 ...............    Registration of potential sources            9/12/2014                     8/30/2018, [Insert Federal Reg-
                                                                           of air contaminants.                                                        ister citation].
                                           252:100–5–2.1 ............     Emission inventory .......................   9/15/2016                     8/30/2018, [Insert Federal Reg-
                                                                                                                                                       ister citation].

                                                   *                          *                      *                             *                       *                   *                          *
                                           252:100–5–3 ...............    Confidentiality of proprietary infor-        9/12/2014                     8/30/2018, [Insert Federal Reg-
                                                                           mation.                                                                     ister citation].

                                                    *                         *                    *                               *                       *                   *                          *
                                           252:100, Appendix Q ..         Incorporation by reference ...........       9/15/2016                     8/30/2018, [Insert Federal Reg-
                                                                                                                                                       ister citation].

                                                      *                        *                         *                         *                       *                        *                     *



                                           *      *       *       *      *                             DEPARTMENT OF HOMELAND                                     removing its regulations regarding its
                                           [FR Doc. 2018–18657 Filed 8–29–18; 8:45 am]                 SECURITY                                                   Dispute Resolution Pilot Program
                                           BILLING CODE 6560–50–P                                                                                                 (DRPP) for the Public Assistance
                                                                                                       Federal Emergency Management                               Program. The statutory authority for the
                                                                                                       Agency                                                     DRPP sunset on December 31, 2015.

                                                                                                       44 CFR Part 206                                            DATES:   This rule is effective August 30,
                                                                                                                                                                  2018.
                                                                                                       [Docket ID: FEMA–2018–0015]
                                                                                                                                                                  ADDRESSES:  The docket for this
                                                                                                       RIN 1660–AA94                                              rulemaking is available for inspection
                                                                                                       Removal of Dispute Resolution Pilot                        using the Federal eRulemaking Portal at
                                                                                                       Program for Public Assistance                              http://www.regulations.gov and can be
                                                                                                       Appeals                                                    viewed by following that website’s
amozie on DSK3GDR082PROD with RULES




                                                                                                                                                                  instructions.
                                                                                                       AGENCY:  Federal Emergency
                                                                                                       Management Agency, DHS.                                    FOR FURTHER INFORMATION CONTACT:    Liza
                                                                                                       ACTION: Final rule.                                        Davis, Associate Chief Counsel,
                                                                                                                                                                  Regulatory Affairs, Office of Chief
                                                                                                       SUMMARY:The Federal Emergency                              Counsel, Federal Emergency
                                                                                                       Management Agency (FEMA) is                                Management Agency, 500 C Street SW,


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                                                            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations                                        44239

                                           Washington, DC 20472, 202–646–4046,                     finds that a delayed effective date is                because FEMA is not required to
                                           or (email) liza.davis@fema.dhs.gov.                     unnecessary.                                          publish a notice of proposed
                                           SUPPLEMENTARY INFORMATION: Section                                                                            rulemaking.
                                                                                                   Executive Orders 12866, 13563, and
                                           1105 of the Sandy Recovery                              13771                                                 Unfunded Mandates Reform Act of
                                           Improvement Act of 2013 (SRIA), Public                                                                        1995
                                           Law 113–2, 127 Stat. 43 (Jan. 29, 2013),                   Executive Orders 12866 (‘‘Regulatory
                                           42 U.S.C. 5189a note, directed FEMA to                  Planning and Review’’) and 13563                        The Unfunded Mandates Reform Act
                                           establish a Dispute Resolution Pilot                    (‘‘Improving Regulation and Regulatory                of 1995, 2 U.S.C. 658, 1501–1504, 1531–
                                           Program (DRPP). The DRPP allowed                        Review’’) direct agencies to assess the               1536, 1571, pertains to any rulemaking
                                           applicants to choose arbitration by an                  costs and benefits of available regulatory            which is likely to result in the
                                           independent review panel in lieu of a                   alternatives and, if regulation is                    promulgation of any rule that includes
                                           second appeal to resolve disputes                       necessary, to select regulatory                       a Federal mandate that may result in the
                                           relating to Public Assistance projects.                 approaches that maximize net benefits                 expenditure by State, local, and Tribal
                                           FEMA published a final rule on August                   (including potential economic,                        governments, in the aggregate, or by the
                                                                                                   environmental, public health and safety               private sector, of $100 million (adjusted
                                           16, 2013 (78 FR 49950) to establish the
                                                                                                   effects, distributive impacts, and                    annually for inflation) or more in any
                                           DRPP. The regulation is located at 44
                                                                                                   equity). Executive Order 13563                        one year. If the rulemaking includes a
                                           CFR 206.210.
                                             Under section 1105 of SRIA, the                       emphasizes the importance of                          Federal mandate, the Act requires an
                                           authority to accept requests for                        quantifying both costs and benefits, of               agency to prepare an assessment of the
                                           arbitration pursuant to the DRPP sunset                 reducing costs, of harmonizing rules,                 anticipated costs and benefits of the
                                                                                                   and of promoting flexibility. Executive               Federal mandate. The Act also pertains
                                           on December 31, 2015. FEMA did not
                                                                                                   Order 13771 (‘‘Reducing Regulation and                to any regulatory requirements that
                                           receive any requests for arbitration
                                                                                                   Controlling Regulatory Costs’’) directs               might significantly or uniquely affect
                                           under the DRPP. As the authority for the
                                                                                                   agencies to reduce regulation and                     small governments. Before establishing
                                           DRPP has sunset, FEMA is now
                                                                                                   control regulatory costs and provides                 any such requirements, an agency must
                                           removing the regulations from the CFR.
                                                                                                   that ‘‘for every one new regulation                   develop a plan allowing for input from
                                           Regulatory Analysis                                     issued, at least two prior regulations be             the affected governments regarding the
                                           Administrative Procedure Act                            identified for elimination, and that the              requirements.
                                                                                                   cost of planned regulations be prudently                FEMA has determined that this
                                              The Administrative Procedure Act                     managed and controlled through a                      rulemaking will not result in the
                                           (APA) generally requires agencies to                    budgeting process.’’                                  expenditure by State, local, and tribal
                                           publish a notice of proposed rulemaking                    The Office of Management and Budget                governments, in the aggregate, nor by
                                           in the Federal Register and provide                     (OMB) has not designated this rule a                  the private sector, of $100,000,000 or
                                           interested persons the opportunity to                   significant regulatory action under                   more in any one year as a result of a
                                           submit comments. See 5 U.S.C. 553(b)                    section 3(f) of Executive Order 12866.                Federal mandate, and it will not
                                           and (c). The APA provides an exception                  Accordingly, OMB has not reviewed it.                 significantly or uniquely affect small
                                           to this requirement for rules of agency                 As this rule is not a significant                     governments. Therefore, no actions are
                                           organization, procedure, or practice. 5                 regulatory action, this rule is exempt                deemed necessary under the provisions
                                           U.S.C. 553(b)(A). The final rule that                   from the requirements of Executive                    of the Unfunded Mandates Reform Act
                                           established 44 CFR 206.210 was a rule                   Order 13771. See OMB’s Memorandum                     of 1995.
                                           of agency organization, procedure, or                   ‘‘Guidance Implementing Executive
                                           practice, and was promulgated without                   Order 13771, Titled ‘Reducing                         Paperwork Reduction Act of 1995
                                           notice and comment rulemaking. This                     Regulation and Controlling Regulatory                   As required by the Paperwork
                                           removal of that rule is also a rule of                  Costs’ ’’ (April 5, 2017).                            Reduction Act of 1995 (PRA), Public
                                           agency organization, procedure, or                         SRIA included a sunset provision of                Law 104–13, 109 Stat. 163, (May 22,
                                           practice. Removing these regulations is                 December 31, 2015 for the DRPP.                       1995) (44 U.S.C. 3501 et seq.), FEMA
                                           consistent with FEMA’s current                          Accordingly, the program is                           may not conduct or sponsor, and a
                                           statutory authority and does not affect                 discontinued and there are no costs or                person is not required to respond to, a
                                           the substantive rights or interests of the              cost savings associated with removing                 collection of information unless the
                                           public.                                                 the regulations regarding the DRPP. This              collection of information displays a
                                              The APA also provides an exception                   rule’s benefits include a more                        valid control number.
                                           from notice and comment procedures                      streamlined CFR that reflects current                   Due to this final rule, FEMA will
                                           when an agency finds for good cause                     program options.                                      remove FEMA Form 055–0–0–1,
                                           that those procedures are impracticable,                                                                      Request for Arbitration and
                                           unnecessary, or contrary to the public                  Regulatory Flexibility Act
                                                                                                                                                         Recommendation resulting from Dispute
                                           interest. 5 U.S.C. 553(b)(B). FEMA finds                   The Regulatory Flexibility Act (RFA)               Resolution Pilot Program from
                                           good cause to issue this rule without                   (5 U.S.C. 601–612), and section 213(a) of             information collection, OMB Control
                                           prior notice or comment, as such                        the Small Business Regulatory                         Number 1660–0017, Public Assistance
                                           procedures are unnecessary. The                         Enforcement Fairness Act of 1996,                     Program. Since the program is
                                           removal of these regulations would have                 Public Law 104–121, 110 Stat. 847, 858–               discontinued, the form is no longer
                                           no substantive effect on the public                     9 (Mar. 29, 1996) (5 U.S.C. 601 note)                 required, and FEMA is removing the
                                           because the statutory authority for the                 require that special consideration be                 associated hour burden estimates which
                                           DRPP has sunset.                                        given to the effects of regulations on
amozie on DSK3GDR082PROD with RULES




                                                                                                                                                         equal 60 hours. Thus, the total hour
                                              The APA generally requires that                      small entities. The RFA applies only                  burden for this collection is being
                                           substantive rules incorporate a 30-day                  when an agency is ‘‘required by section               reduced from 425,736 to 425,676.
                                           delayed effective date. 5 U.S.C. 553(d).                553 . . . to publish general notice of
                                           This rule, however, is merely                           proposed rulemaking for any proposed                  Collection of Information
                                           procedural and does not impose                          rule.’’ 5 U.S.C. 603(a). An RFA analysis                Title: Public Assistance Program.
                                           substantive requirements; thus, FEMA                    is not required for this rulemaking                     OMB Number: 1660–0017.


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                                           44240            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                             FEMA Forms: FEMA Form 009–0–49                        that has Tribal implications, that                    Security Instruction Manual 023–01–
                                           Request for Public Assistance; FEMA                     imposes substantial direct compliance                 001–01, Revision 01, Implementation of
                                           Form 009–0–91 Project Worksheet (PW);                   costs on Indian Tribal governments, and               the National Environmental Policy Act,
                                           FEMA Form 009–0–91A Project                             that is not required by statute, unless               Appendix A, issued November 6, 2014,
                                           Worksheet (PW)—Damage Description                       funds necessary to pay the direct costs               covers the promulgation of rules,
                                           and Scope of Work Continuation Sheet;                   incurred by the Indian Tribal                         issuance of rulings or interpretations,
                                           FEMA Form 009–0–91B Project                             government or the Tribe in complying                  and the development and publication of
                                           Worksheet (PW)—Cost Estimate                            with the regulation are provided by the               policies, orders, directives, notices,
                                           Continuation Sheet; FEMA Form 009–                      Federal Government, or the agency                     procedures, manuals, and advisory
                                           0–91C Project Worksheet (PW)—Maps                       consults with Tribal officials.                       circulars if they meet certain criteria
                                           and Sketches Sheet; FEMA Form 009–                         FEMA is removing the DRPP                          provided in A3(a–f). This rule meets
                                           0–91D Project Worksheet (PW)—Photo                      regulations, whose legislative authority              Categorical Exclusion A3(a), which
                                           Sheet; FEMA Form 009–0–120 Special                      has sunset. The removal of these                      covers rules of a strictly administrative
                                           Considerations Questions; FEMA Form                     regulations will have no substantive                  or procedural nature.
                                           009–0–121 PNP Facility Questionnaire;                   effect on the public since the statutory
                                                                                                   authority for the program has sunset and              Congressional Review of Agency
                                           FEMA Form 009–0–123 Force Account
                                                                                                   will not affect the substantive rights or             Rulemaking
                                           Labor Summary Record; FEMA Form
                                           009–0–124 Materials Summary Record;                     interests of Indian Tribal governments.                 Under the Congressional Review of
                                           FEMA Form 009–0–125 Rented                              Executive Order 13132, Federalism                     Agency Rulemaking Act (CRA), 5 U.S.C.
                                           Equipment Summary Record; FEMA                                                                                801–808, before a rule can take effect,
                                           Form 009–0–126 Contract Work                               Executive Order 13132, ‘‘Federalism,’’
                                                                                                   64 FR 43255, August 10, 1999, sets forth              the Federal agency promulgating the
                                           Summary Record; FEMA Form 009–0–                                                                              rule must submit to Congress and to the
                                           127 Force Account Equipment                             principles and criteria that agencies
                                                                                                   must adhere to in formulating and                     Government Accountability Office
                                           Summary Record; FEMA Form 009–0–                                                                              (GAO) a copy of the rule; a concise
                                           128 Applicant’s Benefits Calculation                    implementing policies that have
                                                                                                   federalism implications, that is,                     general statement relating to the rule,
                                           Worksheet; and FEMA Form 009–0–111,                                                                           including whether it is a major rule; the
                                           Quarterly Progress Reports.                             regulations that have substantial direct
                                                                                                   effects on the States, on the relationship            proposed effective date of the rule; a
                                             Abstract: The information collected is                                                                      copy of any cost-benefit analysis;
                                           utilized by FEMA to make                                between the national government and
                                                                                                   the States, or on the distribution of                 descriptions of the agency’s actions
                                           determinations for Public Assistance                                                                          under the Regulatory Flexibility Act and
                                           grants based on the information                         power and responsibilities among the
                                                                                                   various levels of government. Federal                 the Unfunded Mandates Reform Act;
                                           supplied by the respondents.                                                                                  and any other information or statements
                                             Affected Public: State, Local or Tribal               agencies must closely examine the
                                                                                                   statutory authority supporting any                    required by relevant executive orders.
                                           government.
                                             Estimated Number of Respondents:                      action that would limit the                             FEMA has sent this final rule to the
                                           1012.                                                   policymaking discretion of the States,                Congress and to GAO pursuant to the
                                             Estimated Number of Responses:                        and to the extent practicable, must                   CRA. The rule is not a ‘‘major rule’’
                                           398,068.                                                consult with State and local officials                within the meaning of the CRA. It will
                                             Estimated Total Annual Burden                         before implementing any such action.                  not have an annual effect on the
                                           Hours: 425,676.                                            FEMA has determined that this                      economy of $100,000,000 or more; it
                                             Estimated Total Annual Respondent                     rulemaking does not have a substantial                will not result in a major increase in
                                           Cost: The estimated annual cost to                      direct effect on the States, on the                   costs or prices for consumers,
                                           respondents for the hour burden is                      relationship between the national                     individual industries, Federal, State, or
                                           $26,306,779.                                            government and the States, or on the                  local government agencies, or
                                             Estimated Respondents’ Operation                      distribution of power and                             geographic regions; and it will not have
                                           and Maintenance Costs: None.                            responsibilities among the various                    significant adverse effects on
                                             Estimated Respondents’ Capital and                    levels of government, and therefore does              competition, employment, investment,
                                           Start-Up Costs: None.                                   not have federalism implications as                   productivity, innovation, or on the
                                             Estimated Total Annual Cost to the                    defined by the Executive Order.                       ability of United States-based
                                           Federal Government: $805,311.96.                                                                              enterprises to compete with foreign-
                                                                                                   National Environmental Policy Act of
                                           Executive Order 13175, Consultation                                                                           based enterprises in domestic and
                                                                                                   1969 (NEPA)
                                           and Coordination With Indian Tribal                                                                           export markets.
                                                                                                     Under the National Environmental
                                           Governments                                             Policy Act of 1969 (NEPA), as amended,                List of Subjects in 44 CFR Part 206
                                              Executive Order 13175, ‘‘Consultation                42 U.S.C. 4321 et seq., an agency must                  Administrative practice and
                                           and Coordination With Indian Tribal                     prepare an environmental assessment or                procedure, Coastal zone, Community
                                           Governments,’’ 65 FR 67249, November                    environmental impact statement for any                facilities, Disaster assistance, Fire
                                           9, 2000, applies to agency regulations                  rulemaking that significantly affects the             prevention, Grant programs—housing
                                           that have Tribal implications, that is,                 quality of the human environment.                     and community development, Housing,
                                           regulations that have substantial direct                FEMA has determined that this                         Insurance, Intergovernmental relations,
                                           effects on one or more Indian tribes, on                rulemaking does not significantly affect              Loan programs—housing and
                                           the relationship between the Federal                    the quality of the human environment                  community development, Natural
                                           Government and Indian Tribes, or on                     and consequently has not prepared an
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                                                                                                                                                         resources, Penalties, Reporting and
                                           the distribution of power and                           environmental assessment or                           recordkeeping requirements.
                                           responsibilities between the Federal                    environmental impact statement.
                                           Government and Indian Tribes. Under                       Rulemaking is a major Federal action                  For the reasons set forth in the
                                           this Executive Order, to the extent                     subject to NEPA. Categorical exclusion                preamble, the Federal Emergency
                                           practicable and permitted by law, no                    A3 included in the list of exclusion                  Management Agency amends 44 CFR
                                           agency shall promulgate any regulation                  categories at Department of Homeland                  part 206 as set forth below:


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                                                            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations                                        44241

                                           PART 206—FEDERAL DISASTER                               A257, Washington, DC 20554. The                       Bureau (the Bureaus), published a map
                                           ASSISTANCE                                              complete text is also available on the                of areas presumptively eligible for MF–
                                                                                                   Commission’s website at http://                       II support based on a one-time
                                           ■  1. The authority citation for part 206               wireless.fcc.gov, or by using the search              collection by the Commission of 4G LTE
                                           is revised to read as follows:                          function on the ECFS web page at                      coverage data and subsidy data from the
                                             Authority: Robert T. Stafford Disaster                http://www.fcc.gov/cgb/ecfs/.                         Universal Service Administrative
                                           Relief and Emergency Assistance Act, 42                 Alternative formats are available to                  Company (USAC).
                                           U.S.C. 5121 through 5207; Homeland                      persons with disabilities by sending an                  2. The MF–II Challenge Process Order,
                                           Security Act of 2002, 6 U.S.C. 101 et seq.;             email to fcc504@fcc.gov or by calling the             82 FR 42473, September 8, 2017,
                                           Department of Homeland Security Delegation              Consumer & Governmental Affairs                       established the framework for a robust
                                           9001.1.                                                 Bureau at (202) 418–0530 (voice), (202)               challenge process that will refine the
                                           § 206.210   [Removed and Reserved]                      418–0432 (TTY).                                       map of areas presumptively eligible to
                                                                                                                                                         receive MF–II support. This challenge
                                           ■   2. Remove § 206.210.                                I. Synposis                                           process is designed to efficiently resolve
                                             Dated: August 23, 2018.                                  On August 21, 2018, the Commission                 disputes about areas that are
                                           Brock Long,                                             released an ‘‘Order, Notice of Proposed               presumptively ineligible through the
                                                                                                   Rulemaking, and Memorandum Opinion                    submission, analysis, and validation of
                                           Administrator, Federal Emergency
                                           Management Agency.                                      and Order’’ (August 21 Order). The                    mobile network speed test data. The
                                                                                                   Commission separately published the                   Commission initially established a 150-
                                           [FR Doc. 2018–18796 Filed 8–29–18; 8:45 am]
                                                                                                   proposed modifications to the speed test              day challenge window for interested
                                           BILLING CODE 9110–11–P
                                                                                                   data specifications regarding the                     parties to contest the initial
                                                                                                   relevant timeframes for valid speed tests             determination of areas deemed
                                                                                                   for the August 21 Order elsewhere in                  presumptively ineligible for MF–II
                                           FEDERAL COMMUNICATIONS                                  this issue of the Federal Register. In the            support. The challenge window opened
                                           COMMISSION                                              August 21 Order, the Commission                       on March 29, 2018, and it was
                                                                                                   extended the previously announced                     scheduled to close on August 27, 2018.
                                           47 CFR Part 54
                                                                                                   deadline for the close of the Mobility                   3. As part of the challenge process
                                           [WC Docket No. 10–90, WT Docket No. 10–                 Fund Phase II (MF–II) challenge                       framework, the Commission established
                                           208; FCC 18–124]                                        window by an additional 90 days.                      various parameters for the acceptance of
                                                                                                   Challengers were given until November                 speed test data, including that such data
                                           Connect America Fund Universal                          26, 2018, to submit speed test data in                would only be accepted if they were
                                           Service Reform—Mobility Fund                            support of a challenge. The Commission                collected within six months of the
                                           AGENCY:  Federal Communications                         adopted this extension to ensure that                 scheduled close of the challenge
                                           Commission.                                             interested parties can initiate and                   window. That six-month period
                                                                                                   submit speed test data for areas they                 commenced on February 27, 2018. After
                                           ACTION: Final action; extension of filing
                                                                                                   wish to challenge. In addition, given                 the close of the challenge window, a
                                           period; petitions for reconsideration.
                                                                                                   this extension, the Commission                        respondent (i.e., a ‘‘challenged party’’)
                                           SUMMARY:   This document addresses two                  proposed to make modifications to the                 will have the opportunity to respond to
                                           applications for review regarding the                   speed test data specifications regarding              challenges by submitting its own speed
                                           procedures and parameters of the                        the relevant timeframes for valid speed               test data or certain technical
                                           Mobility Fund II challenge process and                  tests. The Commission also addressed                  information that is probative of the
                                           grant in part and deny in part a related                two applications for review regarding                 validity of the challenger’s speed tests.
                                           extension request.                                      the procedures and parameters of the                  Speed test data submitted by
                                                                                                   MF–II challenge process and granted in                respondents is subject to the same
                                           DATES: This Order is effective August
                                                                                                   part and denied in part a related                     standards and requirements applicable
                                           30, 2018. The window for filing
                                                                                                   extension request.                                    to challengers, except that the
                                           challenges to ineligible areas extended
                                                                                                                                                         Commission established in the MF–II
                                           to November 26, 2018.                                   II. Order Extending the Challenge
                                                                                                                                                         Challenge Process Order that it would
                                           FOR FURTHER INFORMATION CONTACT:                        Window
                                                                                                                                                         only accept data submitted by a
                                           Wireless Telecommunications Bureau,                        1. In February 2017, the Commission                respondent that was collected within six
                                           Auctions and Spectrum Access                            adopted rules to move forward on a                    months of the scheduled close of the
                                           Division, Audra Hale-Maddox, at (202)                   reverse auction that will direct up to                response window.
                                           418–0660.                                               $4.53 billion of MF–II support over ten                  4. After the Commission adopted the
                                           SUPPLEMENTARY INFORMATION: This is a                    years to providers in geographic areas                timeframe for the challenge window, the
                                           summary of the final actions in the                     lacking unsubsidized 4G Long Term                     Rural Wireless Association (RWA)
                                           Federal Communications Commission                       Evolution (LTE) services. The                         submitted data regarding estimated
                                           (‘‘Commission’’) Order, Notice of                       Commission also determined that it                    burdens of the challenge process,
                                           Proposed Rulemaking and                                 would compile a list of areas that were               including specific estimates of the
                                           Memorandum Opinion and Order                            presumptively eligible for MF–II                      amount of time required to conduct
                                           (Combined Order), FCC 18–124,                           support and provide a limited                         speed tests in certain areas.
                                           adopted on August 14, 2018, and                         timeframe before the auction during                      5. The Commission extended the
                                           released on August 21, 2018. The                        which interested parties could challenge              previously established deadline for
                                           complete text of this document is                       areas that were not listed as                         challengers to submit data in the
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                                           available for public inspection and                     presumptively eligible (i.e.,                         challenge process and provide an
                                           copying from 8 a.m. to 4:30 p.m. Eastern                ‘‘presumptively ineligible’’ areas). In               additional 90 days, until November 26,
                                           Time (ET) Monday through Thursday or                    February 2018, the Rural Broadband                    2018, for the submission and
                                           from 8 a.m. to 11:30 a.m. ET on Fridays                 Auctions Task Force, in conjunction                   certification of challenges. The
                                           in the FCC Reference Information                        with the Wireless Telecommunications                  Commission direct USAC to implement
                                           Center, 445 12th Street SW, Room CY–                    Bureau and the Wireline Competition                   this change in the challenge portal.


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Document Created: 2018-08-30 01:21:29
Document Modified: 2018-08-30 01:21:29
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.
DatesThis rule is effective August 30, 2018.
ContactLiza Davis, Associate Chief Counsel, Regulatory Affairs, Office of Chief Counsel, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, 202-646-4046, or (email) [email protected]
FR Citation83 FR 44238 
RIN Number1660-AA94
CFR AssociatedAdministrative 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 and Reporting and Recordkeeping Requirements

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