[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Proposed Rules]
[Pages 55262-55263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27430]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC60


Disaster Assistance; Restoration of Damaged Facilities

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule would require that eligible costs 
associated with State and local repair or replacement standards 
(building codes), which change the predisaster construction of a 
facility, be limited to the standards that are in place at the time of 
the disaster declaration date. The standards must be in writing and 
formally adopted by the applicant or State on or before the disaster 
declaration date. The proposed rule would become effective for 
disasters declared one (1) year or more after the publication of the 
final rule.

DATES: We invite comments on this proposed rule and will accept 
comments until December 24, 1996.

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


[[Page 55263]]


FOR FURTHER INFORMATION CONTACT: Gregory Ormsby, Engineer, Federal 
Emergency Management Agency, room 713, 500 C Street SW., Washington, DC 
20472, (202) 646-2726.

SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. 5121 et 
seq., authorizes the President to provide supplemental assistance to 
State and local governments and certain private nonprofit organizations 
after the President declares a major disaster. Section 406 of the 
Stafford Act, ``Repair, Restoration, and Replacement of Damaged 
Facilities,'' authorizes the President to fund the repair, restoration, 
reconstruction, or replacement of a damaged public facility or private 
nonprofit facility ``. . . on the basis of the design of the facility 
as it existed immediately prior to the major disaster and in conformity 
with current applicable codes, specifications, and standards.'' Under 
authority delegated by the President to FEMA, we have interpreted the 
phrase, ``. . . in conformity with current codes, specifications, and 
standards . . .'' to mean those codes, specifications, and standards 
that are officially adopted and implemented before project approval, 
that is, the date FEMA approves the repair estimate for a specific 
facility. This interpretation is codified at 44 CFR 206.226(b)(3).
    44 CFR 206.226(b)(3) allows applicants to incorporate new codes and 
standards in the eligible repair of damaged facilities as well as the 
construction of new facilities. Damage mitigation achieved by the new 
codes would lessen the impact of future disasters and reduce future 
Federal disaster expenditures. This change was made from pre-Stafford 
Act regulations to encourage adoption of codes at a time when there is 
a heightened awareness of the need for improved codes.
    Recently, FEMA has experienced several unintended consequences of 
this interpretation of the law, which have had negative impacts on the 
program. We have experienced protracted delays in repairing eligible 
projects as applicants debate the adoption of codes and standards that 
will affect eligible damaged facilities and the amount of Federal 
assistance they will receive. After adopting new codes and standards, 
there have been protracted discussions with FEMA regarding the 
applicability of the new codes and standards to the damaged facilities. 
These actions have resulted in extensive delays in repairing damaged 
facilities and subsequently in closing out disasters.
    After review of the statute and a General Accounting Office (GAO) 
report entitled ``Disaster Assistance: Improvements Needed in 
Determining Eligibility for Public Assistance'' (GAO/RCED-96-113), 
which commented on this provision in the regulations, FEMA determined 
that its current interpretation is not fully consistent with 
Congressional intent. FEMA believes that the word ``current'' means at 
the time of the disaster and not at the time of project approval. This 
is consistent with Congressional intent.
    Accordingly, FEMA proposes to revise 44 CFR 206.226 (b)(3) to 
reflect this revised interpretation. The proposed rule would become 
effective for disasters declared one year or more after publication of 
the final rule. During this period, applicants will be encouraged to 
adopt improved building codes before their next disaster. In this way, 
all those structures built between the adoption of a code and the next 
disaster will benefit from better construction and have less damage. 
All other provisions of 44 CFR 206.226(b) would remain unchanged.
    National Environmental Policy Act. This proposed rule would be 
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 
assessment or environmental impact statement has been prepared.
    Regulatory Flexibility Act. A regulatory impact analysis is in 
process to determine the effect of this rule on small communities.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for the purposes of the Paperwork Reduction Act.
    Executive Order 12612, Federalism. In promulgating this rule, FEMA 
has considered the President's Executive Order 12612 on Federalism. 
This 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. This rule meets the 
applicable 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; E.O. 12148, 44 FR 
43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 
CFR, 1989 Comp., p. 214.

    2. Section 206.226 (b)(3) is proposed to be revised to read as 
follows:


Sec. 206.226  Restoration of damaged facilities.

* * * * *
    (b)(1) * * *
    (2) * * *
    (3) Be in writing and formally adopted by the applicant or State 
prior to the disaster declaration date or be a legal Federal 
requirement applicable to the type of restoration;
* * * * *
    Dated: October 16, 1996.
James L. Witt,
Director.
[FR Doc. 96-27430 Filed 10-24-96; 8:45 am]
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