[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28103-28106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13184]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Parts 77, 80, 81, 82, 83, 152, 207, 220, 221, 222, 301, 303,
306, 308, 320, 324, 325, 328, 333, and 336
RIN 3067-AC91
Removal of Certain Parts of Title 44 CFR
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This final rule removes 20 parts from title 44 of the Code of
Federal Regulations. The rules we are removing are no longer
authorized, covered in other regulations, or are complete,
discontinued, or otherwise obsolete.
EFFECTIVE DATE: This rule is effective June 24, 1999.
FOR FURTHER INFORMATION CONTACT: H. Crane Miller, Office of the General
Counsel, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646-3340, (telefax)(202) 646-4536, or
(email) [email protected].
SUPPLEMENTARY INFORMATION: We published a proposed rule on February 18,
1999, 64 FR 8048-8050, and received no comments. Removal of these rules
is part of our continuing efforts to update and streamline FEMA
regulations. For readers' convenience, we are reprinting our reasons
for removing these parts.
Part 77--Acquisition of Flood Damaged Structures
The National Flood Insurance Reform Act of 1994 removed the
authority underlying Part 77, Acquisition of Flood Damaged Structures,
when it repealed Sec. 1362 of the National Flood Insurance Act (Pub. L.
103-325, title V, Sec. 551(a), Sept. 23, 1994, 108 Stat. 2269).
Regulations governing acquisition of flood damaged structures are now
found in 44 CFR part 78.
Parts 80--Description of Program and Offer to Agents, 81--Purchase
of Insurance and Adjustment of Claims, 82--Protective Device
Requirements, and 83--Coverages, Rates, and Prescribed Policy Forms
These parts contain the regulations for the Federal Crime Insurance
Program (FCIP), the authorization for which expired on September 30,
1996. The Congress established the FCIP in 1970 under Title VI of the
Housing and Urban Development Act of 1970 to make crime insurance
available at affordable rates in any State where a critical market
unavailability situation for crime insurance existed and had not been
met through State action or to make affordable crime insurance
available in states where no affordable crime insurance was available
and the state had taken no action. No new crime insurance coverage is
available under this program, and with the exception of a few remaining
claims in process, the program is no longer active. See 12 U.S.C.
1749bbb(a).
Part 152--State Grants for Arson Research
The authorization under the Arson Prevention Act of 1994 expired on
September 30, 1996 and was not renewed by Congress. The Act authorized
FEMA to make grants to States or consortia of States for competitive
arson research, prevention and control grant awards. Part 152
established the uniform administrative rules under which the States or
consortia of States applied for, and administered, the grants. The
Director of FEMA delegated his responsibilities under the Act to the
U.S. Fire Administration, which, working through its grantees,
completed the research authorized under this program. See the Arson
Prevention Act of 1994, Pub.L. 103-254, approved May 19, 1994, 108
Stat. 679.
Part 207--Great Lakes Planning Assistance
The Great Lakes Planning Assistance Act of 1988, approved November
23, 1988, expired one year later and was not
[[Page 28104]]
extended by Congress. The Act authorized FEMA's Director to assist 8
Great Lakes States (Illinois, Indiana, Michigan, Minnesota, New York,
Ohio, Pennsylvania, and Wisconsin) to reduce and prevent damage from
high water levels in the Great Lakes. The assistance included a one-
time grant up to $250,000 for preparation of mitigation and emergency
plans, coordinating available State and Federal Assistance, developing
and implementing measures to reduce damages due to high water levels,
and assisting local governments in developing and implementing plans to
reduce damages. The Act required the Great Lake States to submit grant
applications within one year after the enactment of the Act--by
November 23, 1989. See the Great Lakes Planning Assistance Act of 1988,
Pub.L. 100-707, approved November 23, 1988, 102 Stat. 4711
Parts 220--Temporary Relocation Assistance, 221--Permanent
Relocation Assistance, and 222--Superfund Cost Share Eligibility
Criteria for Permanent and Temporary Relocation
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URARPA) provided for moving costs, relocation
benefits, and other expenses incurred by persons displaced as a result
of Federal and federally assisted programs. Under Sec. 2(c) of
Executive Order 12580 of January 23, 1987 the President delegated to
the Director of FEMA the functions vested in the President by the Act
to the extent they require permanent relocation of residents,
businesses, and community facilities or temporary evacuation and
housing of threatened individuals not otherwise provided for. Using
redelegation authority granted elsewhere in the executive order, FEMA
Acting Director Jerry D. Jennings redelegated FEMA's authority under
Sec. 2(c) of E.O. 12580 to the Environmental Protection Agency (EPA) on
August 8, 1990. William K. Reilly, Administrator of EPA, gave his
consent to the redelegation on October 31, 1990.
Effective April 2, 1989, EPA adopted the U.S. Department of
Transportation regulations and procedures for complying with the
Uniform Relocation Assistance and Real Property Acquisition Act. See 40
CFR 4.1. When FEMA delegated its relocation assistance authority to EPA
in 1990, that redelegated authority came under the regulations and
procedures of the U.S. Department of Transportation. We are removing
this part because separate FEMA regulations on the subject are
unnecessary and experience shows that these separate regulations cause
confusion to those that seek relocation assistance under the Superfund
and under FEMA's Hazard Mitigation Grant Program.
Part 301--Contributions for Civil Defense Equipment
Part 301 prescribed the basic terms and conditions under which our
Agency contributes Federal funds to States for to procure civil defense
equipment under the provisions of section 201(i) of the Civil Defense
Act of 1950. Repeal of the Civil Defense Act of 1950 and publication of
44 CFR part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments, make this part
obsolete.
Part 303--Procedure for Withholding Payments for Financial
Contributions under the Federal Civil Defense Act
Part 303 established procedures by which the Director may withhold
payments of financial contributions to States or persons, or may limit
such payments to specified programs or projects under section 401(h) of
the Civil Defense Act of 1950. Repeal of the Civil Defense Act of 1950
and publication of 44 CFR part 13, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments,
make this part obsolete.
Part 306--Official Civil Defense Insigne
The authorization for the insigne no longer exists and the civil
defense program has been merged into emergency preparedness. This part
prescribed the official Civil Defense insigne authorized by the Federal
Civil Defense Act of 1950 (FCDA). The insigne could have been used by
any State or local civil defense organization and by persons engaged in
civil defense activities approved by such organizations. The rule also
established requirements for the reproduction, manufacture, display,
sale, possession, and wearing of the insigne. The Congress repealed the
FCDA in 1994 (Pub.L. 103-337, approved October 5, 1994, 108 Stat. 2663,
3100-3111), and restated its authorities as Title VI of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).
In this restatement, Congress did not include any provision authorizing
the Civil Defense insigne.
Part 308--Labor Standards for Federally Assisted Contracts
FEMA no longer needs the special labor rules provided in this
section. These regulations, combined with those in CFR 29, Part 5,
prescribed the labor standards applicable to construction work
financed, even in part, with Federal funds authorized by section 201(i)
of the Federal Civil Defense Act of 1950, as amended, (50 U.S.C. App.
2281) and provided to any State (and to a political subdivision of the
State, where applicable). The Secretary of Labor approved the
regulations in part 308, to the extent that they varied from those
published in 29 CFR part 5, to meet FEMA's particular needs. We no
longer need separate rules to government labor standards and will rely
on the Federal Acquisition Regulation (FAR) and Department of Labor
regulations to cover labor standards for our contracts.
Part 320--Dispersion and Protective Construction: Policy, Criteria,
Responsibilities (DMO-1)
This part described the policy, criteria and responsibilities for
new facilities and major expansions of existing facilities important to
national security to reduce the risk of damage in the event of an
attack. This rule does not conform to Administration policy, which
eliminates FEMA's role in geographic dispersal of industry in the DPA's
congressional policy statement. For this reason we are removing part
320.
Part 324--National Security Policy Governing Scientific and
Engineering Manpower (DMO-5)
This part provided policy on the training and use of scientific and
engineering manpower as it affects the national security. It stated
that ``each department and agency of the Federal Government should (a)
review its current manpower policies and update its policies and
programs for scientific and engineering manpower to assure their
maximum contribution to national security and emergency preparedness,
(b) base its policies and actions on projected peacetime and emergency
requirements, and (c) encourage and support private sector efforts to
assure the fulfillment of future requirements for this critical
manpower resource.''
Issuance of any guidance on the subject is the responsibility of
the Department of Labor under E.O. 12656. Under section 1201(1) of
E.O.12656 the Secretary of Labor is to ``* * * issue guidance to ensure
effective use of civilian workforce resources during national security
emergencies.'' We are removing this part in recognition that each
department and agency has responsibility for their scientific and
engineering manpower policies, projected needs, and use of the private
sector to help meet their needs, and to affirm that any guidance in
this area to
[[Page 28105]]
other departments and agencies is to be provided by the Department of
Labor.
Part 325--Emergency Health and Medical Occupations
This part listed the Emergency Health and Medical Occupations for
use during and after emergencies. The Department of Health and Human
Services (HHS) and the U. S. Public Health Service (USPHS) are
responsible for maintaining this list under the Federal Response Plan
(FRP). In addition, under section 801(1) of E.O. 12656, the Secretary
of HHS is to ``develop national plans * * * to mobilize the health
industry and health resources for the provision of health, mental
health, and medical services in national security emergencies.'' We are
removing this part to clarify and affirm the roles of HHS and USPHS in
planning and providing information in this critical area.
Part 328--General Policies for Strategic and Critical Materials
Stockpiling (DMO-11)
FEMA no longer has the responsibility for policies regarding the
stockpiling of strategic and critical materials. E.O. 12626, National
Defense Stockpile Manager, dated Feb. 25, 1988, transferred the FEMA
Director's authorities to the Secretary of the Department of Defense.
E.O. 12626 revoked E.O. 12155 of September 10, 1979, which initially
delegated the responsibility for the national defense stockpile policy
to the FEMA Director.
Part 333-Peacetime Screening
This part provided for FEMA to adjudicate any unresolved
differences between the Department of Defense (DoD) and civilian
employers that seek to exempt key employees who are members of the
Ready Reserve from military duties. FEMA's role derives from a 1968
statement of understanding between DoD and the Office of Emergency
Planning (OEP). FEMA succeeded to the responsibilities of OEP when
President Carter established FEMA under Reorganization Plan No. 3 of
1978 and Executive Order 12148. Neither OEP nor FEMA ever adjudicated a
difference between DoD and an employer under the authority of this
part. The responsibility falls outside FEMA's principal areas of all-
hazards emergency management. We do not have the experience, expertise,
or resources to fulfill obligations under the part should the need
arise, and are discussing an orderly transition with the Department of
Defense.
Part 336-Predesignation of Nonindustrial Facilities (NIF) for
National Security Emergency Use
This part described policies and procedures under the NIF program
to improve the Nation's ability to mobilize nonindustrial facilities
(such as hotels, motels, office buildings, and educational
institutions) for Department of Defense or essential civilian needs in
times of national security emergencies. Predesignation of nonindustrial
facilities is no longer a priority in today's national security
emergency environment. FEMA no longer provides policy, criteria, and
planning guidance for this area. For these reasons we propose to remove
this part.
Compliance with Federal Administrative Requirements
National Environmental Policy Act
Our regulations categorically exclude this proposed rule from the
preparation of environmental impact statements and environmental
assessments as an administrative action in support of normal day-to-day
grant activities. We have not prepared an environmental assessment or
an environmental impact statement.
Regulatory Flexibility Act
We do not expect this proposed rule (1) to affect small entities
adversely, (2) to have significant secondary or incidental effects on a
substantial number of small entities, or (3) to create any additional
burden on small entities. The proposed rule would remove regulations
for programs that are no longer authorized, covered in other
regulations, or are complete, discontinued, or otherwise obsolete.
As Director I certify that this rule is not a major rule under
Executive Order 12291 and that the rule will not have significant
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act.
Paperwork Reduction Act
This rule does not involve any collection of information for the
purposes of the Paperwork Reduction Act.
Congressional Review of Agency Rulemaking
We have sent this final rule to the Congress and to the General
Accounting Office under the Congressional Review of Agency Rulemaking
Act, Pub. L. 104-121. The rule is not a ``major rule'' within the
meaning of that Act. It is an administrative action in support of
normal day-to-day activities. It removes 20 parts from title 44 of the
Code of Federal Regulations that are no longer authorized, covered in
other regulation, or are complete, discontinued, or otherwise obsolete.
The rule does not result in nor is it likely to result in 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. 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.
This final rule is exempt (1) from the requirements of the
Regulatory Flexibility Act, and (2) from the Paperwork Reduction Act.
The rule is not an unfunded Federal mandate within the meaning of the
Unfunded Mandates Reform Act of 1995, Pub. L. 104-4. It does not meet
the $100,000,000 threshold of that Act, and any enforceable duties are
imposed as a condition of Federal assistance or a duty arising from
participation in a voluntary Federal program.
List of Subjects
44 CFR Part 77
Flood insurance, Grant programs--natural resources,
Intergovernmental relations.
44 CFR Part 80
Crime insurance, Reporting and recordkeeping requirements.
44 CFR Part 81
Claims, Crime insurance, Reporting and recordkeeping requirements.
44 CFR Part 82
Crime insurance, and Security measures.
44 CFR Part 83
Crime insurance, Reporting and recordkeeping requirements.
44 CFR Part 207
Disaster assistance, Flood control, Grant programs--housing and
community development, Great Lakes, Reporting and recordkeeping
requirements, and Technical assistance.
44 CFR Part 220
Administrative practice and procedure, Disaster assistance, Grant
programs--environmental protection, Grant programs--housing and
community development, Hazardous substances, Relocation assistance,
[[Page 28106]]
Reporting and recordkeeping requirements, and Superfund.
44 CFR Part 221
Disaster assistance, Grant programs--environmental protection,
Grant programs--housing and community development, Hazardous
substances, Real property acquisition, Relocation assistance, Reporting
and recordkeeping requirements, and Superfund.
44 CFR Part 222
Administrative practice and procedure, Disaster assistance, Grant
programs--environmental protection, Hazardous substances,
Intergovernmental relations, Relocation assistance, Reporting and
recordkeeping requirements, and Superfund.
44 CFR Part 301
Civil defense, Grant programs--national defense, and Reporting and
recordkeeping requirements.
44 CFR Part 303
Administrative practice and procedure, Civil defense, and Grant
programs--national defense.
44 CFR Part 306
Civil defense, Penalties, Seals and insignia.
44 CFR Part 308
Civil defense, Grant programs--national defense, Minimum wages, and
Reporting and recordkeeping requirements.
44 CFR Part 320
National defense, Security measures.
44 CFR Part 324
Engineers, Manpower, National defense, and Scientists.
44 CFR Part 325
Health professions, Manpower, and National defense.
44 CFR Part 328
Strategic and critical materials.
44 CFR Part 333
Armed forces reserves.
For the reasons set forth in the preamble and under the authority
of Reorganization Plan No. 3 of 1978, E.O. 12127, and E.O. 12148, 44
CFR, Chapter 1, is amended by removing and reserving the following
parts:
Part 77--Acquisition of Flood Damaged Structures;
Part 80--Description of program and offer to agents;
Part 81--Purchase of insurance and adjustment of claims;
Part 82--Protective device requirements;
Part 83--Coverages, rates, and prescribed policy forms;
Part 152--State grants for arson research, prevention, and control;
Part 207--Great Lakes planning assistance;
Part 220--Temporary Relocation Assistance;
Part 221--Permanent Relocation assistance;
Part 222--Superfund cost share eligibility criteria for permanent
and temporary relocation;
Part 301--Contributions for civil defense equipment;
Part 303--Procedure for withholding payments for financial
contributions under the Federal Civil Defense Act;
Part 306--Official civil defense insigne;
Part 308--Labor standards for federally assisted contracts;
Part 320--Dispersion and protective construction: policy, criteria
responsibilities (DMO-1);
Part 324--National security policy governing scientific and
engineering manpower (DMO-5);
Part 325--Emergency health and medical occupations;
Part 328--General policies for strategic and critical materials
stockpiling (DMO-11);
Part 333--Peacetime screening; and
Part 336--Predesignation of nonindustrial facilities (NIF) for
national security emergency use.
Dated: May 18, 1999.
James L. Witt,
Director.
[FR Doc. 99-13184 Filed 5-24-99; 8:45 am]
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