[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when it repealed Sec. 1362 of the National Flood Insurance Act (Pub.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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