83 FR 472 - Revisions to the Public Assistance Program and Policy Guide
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 83, Issue 3 (January 4, 2018)
Federal Emergency Management Agency
Federal Register Volume 83, Issue 3 (January 4, 2018)
| Page Range | 472-473 | |
| FR Document | 2018-00044 |
[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)] [Rules and Regulations] [Pages 472-473] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00044] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Chapter I [Docket ID FEMA-2016-0022] Revisions to the Public Assistance Program and Policy Guide AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notification of availability. ----------------------------------------------------------------------- SUMMARY: This document provides notice of the availability of the final policy Public Assistance Program and Policy Guide (PAPPG). DATES: FEMA applies the revisions in this policy to incidents declared on or after August 23, 2017, or to any application for assistance that, as of January 1, 2018 is pending before [[Page 473]] FEMA, or to any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of January 1, 2018. ADDRESSES: This final policy is available online at http://www.regulations.gov and on FEMA's website at http://www.fema.gov. The final policy and supporting documents are available at http://www.regulations.gov under docket ID FEMA-2016-0022. You may also view a hard copy of the final policy at the Office of Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C Street SW, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Christopher Logan, Division Director, Public Assistance, 202-786-0816. SUPPLEMENTARY INFORMATION: This document announces the availability of the Third Edition of the Public Assistance Program and Policy Guide (PAPPG). The Third Edition revises a statutory and regulatory interpretation related to the eligibility of certain private nonprofit facilities for Public Assistance (PA) under 42 U.S.C. 5172, 42 U.S.C. 5122(11), and 44 CFR 206.221. Specifically, Third Edition clarifies that private nonprofit houses of worship will not be singled out for disfavored treatment within the ``community centers'' subcategory of PA nonprofit applicants. Further discussion regarding these revisions is contained in the Foreword to the PAPPG. This final policy does not have the force or effect of law. Authority: 42 U.S.C. 5121 et seq. Dated: January 2, 2018. Brock Long, Administrator, Federal Emergency Management Agency. [FR Doc. 2018-00044 Filed 1-2-18; 4:45 pm] BILLING CODE 9111-23-P
![472 Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations
date of this order to be in compliance in view of the manifest urgency to avoid copy of this temporary order to both
with all recordkeeping requirements. an imminent hazard to the public safety. Houses of Congress and to the
7. Reports. All DEA registrants who Further, the DEA believes that this Comptroller General, although such
manufacture or distribute cyclopropyl temporary scheduling action is not a filing is not required under the Small
fentanyl must submit reports pursuant ‘‘rule’’ as defined by 5 U.S.C. 601(2), Business Regulatory Enforcement
to 21 U.S.C. 827 and in accordance with and, accordingly, is not subject to the Fairness Act of 1996 (Congressional
21 CFR parts 1304 and 1312 as of requirements of the Regulatory Review Act), 5 U.S.C. 801–808 because,
January 4, 2018. Flexibility Act. The requirements for the as noted above, this action is an order,
8. Order Forms. All DEA registrants preparation of an initial regulatory not a rule.
who distribute cyclopropyl fentanyl flexibility analysis in 5 U.S.C. 603(a) are
not applicable where, as here, the DEA List of Subjects in 21 CFR Part 1308
must comply with order form
requirements pursuant to 21 U.S.C. 828 is not required by the APA or any other Administrative practice and
and in accordance with 21 CFR part law to publish a general notice of procedure, Drug traffic control,
1305 as of January 4, 2018. proposed rulemaking. Reporting and recordkeeping
9. Importation and Exportation. All Additionally, this action is not a requirements.
importation and exportation of significant regulatory action as defined For the reasons set out above, the DEA
cyclopropyl fentanyl must be in by Executive Order 12866 (Regulatory amends 21 CFR part 1308 as follows:
Planning and Review), section 3(f), and,
compliance with 21 U.S.C. 952, 953,
accordingly, this action has not been PART 1308—SCHEDULES OF
957, 958, and in accordance with 21
reviewed by the Office of Management CONTROLLED SUBSTANCES
CFR part 1312 as of January 4, 2018.
and Budget (OMB).
10. Quota. Only DEA registered This action will not have substantial ■ 1. The authority citation for part 1308
manufacturers may manufacture direct effects on the States, on the continues to read as follows:
cyclopropyl fentanyl in accordance with relationship between the national
a quota assigned pursuant to 21 U.S.C. Authority: 21 U.S.C. 811, 812, 871(b),
government and the States, or on the 956(b), unless otherwise noted.
826 and in accordance with 21 CFR part distribution of power and
1303 as of January 4, 2018. ■ 2. In § 1308.11, add paragraph (h)(22)
responsibilities among the various
11. Liability. Any activity involving to read as follows:
levels of government. Therefore, in
cyclopropyl fentanyl not authorized by, accordance with Executive Order 13132 § 1308.11 Schedule I.
or in violation of, the CSA, occurring as (Federalism) it is determined that this
of January 4, 2018, is unlawful, and may * * * * *
action does not have sufficient (h) * * *
subject the person to administrative, federalism implications to warrant the (22) N-(1-phenethylpiperidin-4-yl)-N-
civil, and/or criminal sanctions. preparation of a Federalism Assessment. phenylcyclopropanecarboxamide, its
Regulatory Matters As noted above, this action is an isomers, esters, ethers, salts and salts of
order, not a rule. Accordingly, the isomers, esters and ethers (Other name:
Section 201(h) of the CSA, 21 U.S.C. Congressional Review Act (CRA) is
811(h), provides for a temporary cyclopropyl fentanyl). . . . . . . . . . . .(9845)
inapplicable, as it applies only to rules.
scheduling action where such action is However, if this were a rule, pursuant Dated: December 28, 2017.
necessary to avoid an imminent hazard to the Congressional Review Act, ‘‘any Robert W. Patterson,
to the public safety. As provided in this rule for which an agency for good cause Acting Administrator.
subsection, the Attorney General may, finds that notice and public procedure [FR Doc. 2017–28470 Filed 1–3–18; 8:45 am]
by order, schedule a substance in thereon are impracticable, unnecessary, BILLING CODE 4410–09–P
schedule I on a temporary basis. Such or contrary to the public interest, shall
an order may not be issued before the take effect at such time as the federal
expiration of 30 days from (1) the agency promulgating the rule DEPARTMENT OF HOMELAND
publication of a notice in the Federal determines.’’ 5 U.S.C. 808(2). It is in the SECURITY
Register of the intention to issue such public interest to schedule this
order and the grounds upon which such substance immediately to avoid an Federal Emergency Management
order is to be issued, and (2) the date imminent hazard to the public safety. Agency
that notice of the proposed temporary This temporary scheduling action is
scheduling order is transmitted to the taken pursuant to 21 U.S.C. 811(h), 44 CFR Chapter I
Assistant Secretary. 21 U.S.C. 811(h)(1). which is specifically designed to enable
[Docket ID FEMA–2016–0022]
Inasmuch as section 201(h) of the the DEA to act in an expeditious manner
CSA directs that temporary scheduling to avoid an imminent hazard to the Revisions to the Public Assistance
actions be issued by order and sets forth public safety. 21 U.S.C. 811(h) exempts Program and Policy Guide
the procedures by which such orders are the temporary scheduling order from
to be issued, the DEA believes that the standard notice and comment AGENCY: Federal Emergency
notice and comment requirements of the rulemaking procedures to ensure that Management Agency, DHS.
Administrative Procedure Act (APA) at the process moves swiftly. For the same ACTION: Notification of availability.
5 U.S.C. 553, do not apply to this reasons that underlie 21 U.S.C. 811(h),
temporary scheduling action. In the that is, the DEA’s need to move quickly SUMMARY: This document provides
alternative, even assuming that this to place this substance in schedule I notice of the availability of the final
policy Public Assistance Program and
rmajette on DSKBCKNHB2PROD with RULES
action might be subject to 5 U.S.C. 553, because it poses an imminent hazard to
the Administrator finds that there is the public safety, it would be contrary Policy Guide (PAPPG).
good cause to forgo the notice and to the public interest to delay DATES: FEMA applies the revisions in
comment requirements of 5 U.S.C. 553, implementation of the temporary this policy to incidents declared on or
as any further delays in the process for scheduling order. Therefore, this order after August 23, 2017, or to any
issuance of temporary scheduling orders shall take effect immediately upon its application for assistance that, as of
would be contrary to the public interest publication. The DEA has submitted a January 1, 2018 is pending before
VerDate Sep<11>2014 14:53 Jan 03, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1](https://thefederalregister.org/doc/83_FR_475/page/1.svg)
![Federal Register / Vol. 83, No. 3 / Thursday, January 4, 2018 / Rules and Regulations 473
FEMA, or to any application for FOR FURTHER INFORMATION CONTACT: treatment within the ‘‘community
assistance that has been denied, where Christopher Logan, Division Director, centers’’ subcategory of PA nonprofit
a challenge to that denial is not yet Public Assistance, 202–786–0816. applicants. Further discussion regarding
finally resolved as of January 1, 2018. SUPPLEMENTARY INFORMATION: This these revisions is contained in the
ADDRESSES: This final policy is available document announces the availability of Foreword to the PAPPG.
online at http://www.regulations.gov the Third Edition of the Public This final policy does not have the
and on FEMA’s website at http:// Assistance Program and Policy Guide
force or effect of law.
www.fema.gov. The final policy and (PAPPG). The Third Edition revises a
supporting documents are available at statutory and regulatory interpretation Authority: 42 U.S.C. 5121 et seq.
http://www.regulations.gov under related to the eligibility of certain Dated: January 2, 2018.
docket ID FEMA–2016–0022. You may private nonprofit facilities for Public Brock Long,
also view a hard copy of the final policy Assistance (PA) under 42 U.S.C. 5172,
Administrator, Federal Emergency
at the Office of Chief Counsel, Federal 42 U.S.C. 5122(11), and 44 CFR 206.221.
Management Agency.
Emergency Management Agency, 8NE, Specifically, Third Edition clarifies that
[FR Doc. 2018–00044 Filed 1–2–18; 4:45 pm]
500 C Street SW, Washington, DC private nonprofit houses of worship will
20472. not be singled out for disfavored BILLING CODE 9111–23–P
rmajette on DSKBCKNHB2PROD with RULES
VerDate Sep<11>2014 14:53 Jan 03, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 E:\FR\FM\04JAR1.SGM 04JAR1](https://thefederalregister.org/doc/83_FR_475/page/2.svg)
Document Created: 2018-01-04 02:02:08
Document Modified: 2018-01-04 02:02:08
| 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 | Notification of availability. | |
| Dates | FEMA applies the revisions in this policy to incidents declared on or after August 23, 2017, or to any application for assistance that, as of January 1, 2018 is pending before FEMA, or to any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of January 1, 2018. | |
| Contact | Christopher Logan, Division Director, Public Assistance, 202-786-0816. | |
| FR Citation | 83 FR 472 |
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