[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Notices]
[Pages 30189-30190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14039]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Agency Information Collection Activities: Proposed Collection; 
Comment Request

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its 
continuing efforts to reduce paperwork and respondent burden, invites 
the general public and other Federal agencies to take this opportunity 
to comment on proposed revised information collections. In accordance 
with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), 
this notice seeks comments concerning FEMA's use a new form title Small 
Business Claim Notice and Proof of Loss (Cerro Grande Fire Assistance 
Act. The form will impact small businesses and other small entities; 
however, the impact of this collection will not be disproportionate to 
the impact on the general public. FEMA has established customer service 
offices and has provided business claims specialists to minimize the 
impact by assisting small business in completing the form. FEMA is 
requesting emergency processing approval of this collection, under the 
provisions of OMB regulation 5 CFR 1320.13, for 180 days, effective on 
or before July 5, 2001. A final OMB clearance package will be submitted 
to OMB for a long-term approval before the end of the assigned 
expiration date.
    Supplementary Information: The Cerro Grande fire destroyed and 
damaged parts of Los Alamos and surrounding communities in May 2000. 
The Federal Government took responsibility for the Cerro Grande fire 
and enacted legislation known as the Cerro Grande Fire Assistance Act, 
Public Law 106-246 to compensate victims of the fire. Section 104(f) of 
the Act requires the Director, FEMA promulgate regulations for 
processing and paying claims under the Act. Subsections 104(b), (c), 
and (d) of the Act require that FEMA establish a process to receive, 
investigate, evaluate, determine and settle claims against the United 
States by victims of the Cerro Grande fire. FEMA's regulations to 
implement the Act is published at 44 CFR part 295, Disaster Assistance; 
Cerro Grande Fire Assistance; Final Rule (Federal Register Volume 66, 
Number 55, dated Wednesday, March 21, 2001, pages 15948-15966). The 
Small Business Claim Notice and Proof of Loss form is the only form 
that will be used for small business-loss claims to carry out the 
purposes of the Act.

Collection of Information

    Title: Small Business Claim Notice and Proof of Loss.
    Type of Information Collection: New collection.
    Abstract: The form requests basic information identifying 
claimant(s) and describing their business loses in order to ascertain a 
claimant's eligibility for Cerro Grande fire claims assistance. The 
information is intended to be the only step for a business claimant who 
seeks compensation of $10,000 or less under the Cerro Grande Fire 
Assistance Act. It will be used by FEMA and other Federal agencies to 
determine whether a claimant has made the election of remedies--the 
CGFAA, the Federal Tort Claims Act, or a civil action authorized by any 
other law, and to track claims from the date received until the date of 
final payment. It will also be used to determine eligibility for 
compensation, evaluate the claim, and make payment.

[[Page 30190]]

FEMA and contractors will be able to cross check against insurance 
subrogation claims and other payments and settlements to prevent 
duplication of benefits. The claimant's statements are made under 
penalty or perjury and subject claimants to the provisions of 18 U.S.C. 
section 1001 relating to false statements.
    Affected Public: Business or other for-profit and not-for-profit 
institutions.
    Number of Respondents: 1,250 annually.
    Estimated Hour Burden Per Response: 30 minutes.
    Estimated Total Annual Burden Hours. 625 hours.
    Estimated Annual Cost To Respondents. We have estimated that the 
annualized cost to respondents for the hour burdens will be 
approximately $100 per respondent, on average. FEMA has offset this 
burden for most claimants by allowing claimants who successfully 
complete the process to an award to receive an additional 5% of their 
compensation, with a minimum of $100 to a maximum or $500 on this type 
of small business claim, for claims compensation expenses. Claimants 
who do not complete the claims process or who do not receive any 
compensation will not receive the claims preparation fee.

COMMENTS: Written comments are solicited to (a) evalute whether the 
proposed data collection is necessary for the proper performance of the 
agency, including whether the information shall have practical utility; 
(b) evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) enhance the quality, utility, and 
clarity of the information to be collected; and (d) minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. Send 
written comments to OMB within [insert date 30 days from the date of 
publication] of this notice. FEMA will continue to receive comments for 
an additional 30 days. Such comments should be submitted in writing to 
Muriel B. Anderson, Chief, Records Management Branch, Program Services 
Division, Operations Support Directorate, Federal Emergency Management 
Agency, 500 C Street, SW., Room 316, Washington, DC 20472. Telephone 
number (202) 646-2625, FAX number (202) 646-3347, and e-mail address: 
muriel.anderson&fema.gov.

ADDRESSES: Interested persons should submit written comments to the 
attention of the OMB Desk Officer for FEMA, Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Room 10102, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Contact Ms. Anderson for copies of the 
proposed collection of information.

    Dated: May 30, 2001.
Reginald Trujillo,
Director, Program Services Division, Operations Support Directorate.
[FR Doc. 01-14039 Filed 6-04-01; 8:45 am]
BILLING CODE 6748-01-M