[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Rules and Regulations]
[Pages 46852-46853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21960]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC82


Extensions of Application Period for Temporary Housing Assistance

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This rule expands the circumstances under which the Regional 
Director may extend the standard 60-day application period for 
assistance provided under the Disaster Housing Program. This rule also 
retains FEMA's authority to accept an individual application made after 
the application period has closed when the applicant's reason for 
lateness is justified.

EFFECTIVE DATE: This rule is effective September 27, 1999.

FOR FURTHER INFORMATION CONTACT: Laurence W. Zensinger, Response and 
Recovery Directorate, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, (202) 646-3642, (facsimile) 202-646-2730, or 
(e-mail) [email protected].

SUPPLEMENTARY INFORMATION: On May 6, 1998, we published a proposed rule 
in the Federal Register at 63 FR 25010 and invited comments for 60 days 
ending on July 6, 1998. We received one set of comments from a legal 
assistance attorney. While most of the submitted comments addressed 
issues beyond the scope of the proposed rule, those comments that did 
address the proposed rule were in favor of placing the flexibility for 
an extension to the application period in regulation. The attorney 
asked for additional information on two points: (1) What circumstances 
may warrant an extension; and (2) what would be sufficient 
justification for a late application to be accepted. We will issue a 
policy to provide guidance on these points once the final rule is in 
effect. We are publishing the final rule with no substantive changes 
from what we published as a proposed rule.

National Environmental Policy Act

    This rule is categorically excluded from the requirements of 44 CFR 
Part 10, Environmental Consideration. We have not prepared an 
environmental impact assessment.

Executive Order 12866, Regulatory Planning and Review

    This rule is not a significant regulatory action within the meaning 
of section 2(f) of Executive Order 12866 of September 30, 1993, 58 FR 
51735. To the extent possible, this rule adheres to the regulatory 
principles set forth in Executive Order 12866. The Office of Management 
and Budget has not reviewed it under the provisions of Executive Order 
12866.

Paperwork Reduction Act

    This rule does not contain a collection of information requirement 
as described in section 3504(h) of the Paperwork Reduction Act.

Executive Order 12612, Federalism

    This rule does not involve any policies that have federalism 
implications under Executive Order 12612, Federalism, dated October 26, 
1987.

Executive Order 12778, Civil Justice Reform

    This rule meets the applicable standards of section 2(b)(2) of 
Executive Order 12778.

Congressional Review of Agency Rulemaking

    We have submitted this final rule to the Congress and to the 
General Accounting Office under the Congressional Review of Agency 
Rulemaking Act, Public Law 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 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; and 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, Public Law 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.

[[Page 46853]]

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Disaster assistance, 
Housing.

    Accordingly, we amend 44 CFR part 206 as follows:

PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR 
AFTER NOVEMBER 23, 1988

    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. 12127, 44 FR 
19367, 3 CFR, 1979 Comp., p. 376; 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.

Subpart D--Temporary Housing Assistance

    2. We revise Sec. 206.101(e)(1) to read as follows:


Sec. 206.101  Temporary housing assistance.

* * * * *
    (e) Applications--(1) Application period. The standard FEMA 
application period is the 60 days following the date the President 
declares an incident a major disaster or an emergency. The Regional 
Director may, however, extend the application period, when we 
anticipate that we need more time to collect applications from the 
affected population or to establish the same application deadline for 
contiguous Counties or States. After the application period has ended, 
FEMA will accept and process applications for an additional 60 days 
only from persons who can provide an acceptable explanation (and 
documentation to substantiate their explanation) for why they were not 
able to contact FEMA before the application period ended.
* * * * *
    Dated: August 5, 1999.
James L. Witt,
Director.
[FR Doc. 99-21960 Filed 8-26-99; 8:45 am]
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