[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Proposed Rules]
[Pages 55122-55123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27176]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC56


Disaster Assistance; Appeals Procedures

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is changing the 
procedures for the review and disposition of appeals related to Public 
Assistance grants. The rule is intended to simplify the administrative 
process and reduce delays in reaching a final resolution of an appeal.

DATES: We invite comments on this proposed rule and will accept 
comments until December 23, 1996.

ADDRESSES: Please send written comments to the Rules Docket Clerk, 
Office of the General Counsel, Federal Emergency Management Agency, 
room 840, 500 C Street SW., Washington, DC 20472, (facsimile) (202) 
646-4536.

FOR FURTHER INFORMATION CONTACT: Mira Kuic, Program Specialist, 
Engineering Branch, Infrastructure Support Division, Federal Emergency 
Management Agency, room 713, 500 C Street SW., Washington, DC 20472, 
(202) 646-4687.

SUPPLEMENTARY INFORMATION: Under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (Stafford Act), 
any decision regarding eligibility or amount of assistance may be 
appealed. Before this proposed rule, FEMA allowed three appeal levels. 
The following Federal officials were designated to receive and consider 
first, second, and third level appeals, respectively: Regional 
Director, Associate Director, and Director.
    This proposed rule reduces, from three to two, the number of appeal 
requests allowed to be submitted by an applicant. If a first appeal 
request is denied by the Regional Director, in lieu of submitting a 
second appeal to the Associate Director, an applicant may submit a 
second appeal to the Director. The Director's decision is considered 
final. No changes are being made in the time frames for submittal, 
notification and disposition of appeals.
    The intent of this change is to reduce the significant amount of 
time (and associated costs) dedicated to the review and disposition of 
repetitive appeal issues. FEMA has found that very little, if any, new 
information is submitted with third appeals. A third appeal response 
typically confirms an existing FEMA policy or clarifies the regulations 
as applied to specific projects. Therefore, reducing the number of 
submittals at the Headquarters level would avoid repetitive reviews of 
the same decisions and issues. This change will eliminate approximately 
one third of the total time required for the entire appeals process and 
will provide applicants with a final resolution sooner than previously. 
All provisions for fair and impartial consideration as required by the 
Stafford Act are maintained.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the preparation of environmental impact 
statements and environmental assessments as an administrative action in 
support of normal day-to-day grant activities. No environmental impact 
statement or environmental assessment has been prepared.
    Regulatory Flexibility Act. The Director certifies that this rule 
is not a major rule under Executive Order 12291, and will not have 
significant impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, and is not expected (1) to 
adversely affect the availability of disaster assistance funding to 
small entities, (2) to have significant secondary or incidental effects 
on a substantial number of small entities, nor (3) to create any 
additional burden on small entities. Hence no regulatory impact 
analysis has been prepared.
    Paperwork Reduction Act. This proposed rule does not involve any 
collection of information for the purposes of the Paperwork Reduction 
Act.
    Executive Order 12612, Federalism. In publishing this proposed 
rule, FEMA has considered the President's Executive Order 12612 on 
Federalism. This proposed rule makes no changes in the division of 
governmental responsibilities between the Federal government and the 
States. Grant administration procedures in accordance with 44 CFR part 
13, Uniform Administrative Requirements for Grants and Cooperative 
Agreements to State and Local Governments, remain the same. No 
Federalism assessment has been prepared.
    Executive Order 12778, Civil Justice Reform. The rule meets the 
applicable

[[Page 55123]]

standards of section 2(b)(2) of Executive Order 12778, Civil Justice 
Reform, dated October 25, 1991, 3 CFR, 1991 Comp., p. 359

List of Subjects in 44 CFR Part 206

    Disaster assistance, Public assistance.

    Accordingly, 44 CFR part 206 is proposed to be amended as follows:
    1. The authority citation for part 206 continues to read as 
follows:

    Authority: The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329, 5 U.S.C. App,1; E.O. 
12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 
CFR 12571, 3 CFR, 1989 Comp., p. 214.

    2. Section 206.206(d) is revised to read as follows:


Sec. 206.206  Appeals.

* * * * *
    (d) Director. (1) If the RD denies the appeal, the subgrantee may 
submit a second appeal to the Director. Such appeals shall be made in 
writing, through the grantee and the RD, and shall be submitted not 
later than 60 days after receipt of the notice of the RD's denial of 
the first appeal. The Director shall render a determination on the 
subgrantee's appeal within 90 days following the receipt of the appeal 
or shall make a request for additional information. Within 90 days 
following the receipt of such additional information the Director shall 
notify the grantee, in writing of the disposition of the appeal. If the 
decision is to grant the appeal, the RD will be instructed to take 
appropriate implementing action. Action by the Director is final.
    (2) In appeals involving highly technical issues, the Director may, 
at his/her discretion, submit the appeal to an independent scientific 
or technical person or group having expertise in the subject matter of 
the appeal for advice and recommendation. Before making the selection 
of this person or group, the Director may consult with the grantee, 
subgrantee, or both.
    (3) The Director may also submit appeals which he/she receives to 
persons who are not associated with FEMA's Response and Recovery 
Directorate office for recommendations on the resolutions of appeals.
    (4) Within 60 days after the submission of a recommendation made 
pursuant to paragraphs (d) (2) and (3) of this section, the Director 
shall render a determination and notify the grantee of the disposition 
of the appeal.
* * * * *
    Dated: October 16, 1996.
James L. Witt,
Director.
[FR Doc. 96-27176 Filed 10-23-96; 8:45 am]
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