[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Proposed Rules]
[Pages 31129-31130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12284]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AD08


Disaster Assistance; Debris Removal

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: We (FEMA) propose to change the scope of activities that are 
determined to be in the public interest following a declared disaster. 
We propose to provide funding for the removal of debris and wreckage 
when communities convert property acquired through a FEMA program for 
hazard mitigation purposes to uses compatible with open space, 
recreational, or wetlands management practices.

DATES: We invite your comments and will accept them until June 30, 
2000.

ADDRESSES: Please send any 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, or 
(email) [email protected].

FOR FURTHER INFORMATION CONTACT: Melissa M. Howard, Federal Emergency 
Management Agency, room 713, 500 C Street SW., Washington, DC 20472, 
(202) 646-4240, or (email) [email protected].

SUPPLEMENTARY INFORMATION: We consider that it is in the public 
interest to remove substantially damaged structures and related slabs, 
driveways, fencing, garages, sheds, and similar appurtenances from 
properties that are part of a FEMA-funded hazard mitigation buyout and 
relocation project. When the principal structure has been substantially 
damaged by a major disaster, the removal of such items will help 
mitigate the risk to life and property by converting the property to 
uses that are compatible with open space, recreational and wetland 
management practices. Federal assistance used in this way supports the 
effort to break the cycle of repetitive damage and repair and is in the 
public interest because it is less costly to taxpayers than the cycle 
of repetitive damage and repair. Mitigation through buyout and 
relocation also substantially reduces the risk of future infrastructure 
damage and personal hardship, loss and suffering.

National Environmental Policy Act

    This rule is excluded from the preparation of an environmental 
assessment or environmental impact statement under 44 CFR 
10.8(d)(2)(ii), where the rule is related to actions that qualify for 
categorical exclusion under 44 CFR 10.8(d)(2)(vii).

Executive Order 12866, Regulatory Planning and Review

    This proposed rule would not adversely affect the availability of 
disaster assistance funding to small entities, would not have 
significant secondary or incidental effects on a substantial number of 
small entities, and would not create any additional burden on small 
entities. It adds a category of property eligible to receive public 
assistance following a declared disaster, and will thus benefit those 
small entities that qualify for this assistance.
    As Director I certify that this proposed rule is not a significant 
regulatory action within the meaning of section 2(f) of E.O. 12866 of 
September 30, 1993, 58 FR 51735, and that it attempts to adhere to the 
regulatory principles set forth in E.O. 12866. The Office of Management 
and Budget has reviewed this rule under E.O. 12866.

Paperwork Reduction Act

    This proposed rule does not contain a collection of information and 
therefore is not subject to the provisions of the Paperwork Reduction 
Act of 1995.

Executive Order 13132, Federalism

    In publishing this proposed rule, we considered the President's 
Executive Order 13132 on Federalism. This proposed rule makes no 
changes in the division of governmental responsibilities between the 
Federal government and the States, but adds a category of property 
eligible to receive public assistance following a declared disaster. We 
have determined that Executive Order 13132 does not apply to this 
regulatory action, and we have not prepared a Federalism assessment.

List of Subjects in 44 CFR Part 206

    Disaster assistance.

    Accordingly, we propose to amend 44 CFR part 206 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. 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.

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

    2. Amend Sec. 206.224 by revising paragraph (a)(3) and adding 
paragraph (a)(4) to read as follows:


Sec. 206.224  Debris removal.

    (a) * * *
    (3) Ensure economic recovery of the affected community to the 
benefit of the community-at-large; or
    (4) Mitigate the risk to life and property by removing 
substantially damaged structures and associated

[[Page 31130]]

appurtenances as needed to convert property acquired through a FEMA 
hazard mitigation program to uses compatible with open space, 
recreational, or wetland management practices.
* * * * *

    Dated: May 8, 2000.
James L. Witt,
Director.
[FR Doc. 00-12284 Filed 5-15-00; 8:45 am]
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