[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Rules and Regulations]
[Pages 9899-9900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4901]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AD32


Disaster Assistance; Crisis Counseling Regular Program; Amendment 
to Regulation

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Interim final rule.

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SUMMARY: We, FEMA, are publishing an interim final rule to make a 
substantive change that would in limited circumstances allow the 
Assistant Associate Director to extend the deadline for the Crisis 
Counseling Regular Program. This rule takes effect immediately, but 
before publishing a final rule on this subject we ask for and invite 
comments from all interested and affected parties.

DATES: Effective date: March 3, 2003. Applicability date: This rule 
applies to Major Disasters Declared on or after September 11, 2001.
    We invite comments on this interim final rule, which we should 
receive on or before May 2, 2003.

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, or (fax) (202) 646-4536, or 
(email) [email protected].

FOR FURTHER INFORMATION CONTACT: Berl Jones, Community and Family 
Services Branch, Recovery Division, Federal Emergency Management 
Agency, room 609, 500 C Street, SW., Washington, DC 20472, or (fax) 
(202) 646-3978, or (email) [email protected].

SUPPLEMENTARY INFORMATION: We are amending our regulations to allow 
FEMA greater flexibility to extend the program period for the Crisis 
Counseling Regular Program. Currently, the program period for the 
Crisis Counseling Regular Programs is 9 months, and may be extended by 
the Assistant Associate Director for an additional 90 days. Under the 
new rule, the program period generally may be extended beyond the 
initial 9 months, and the additional 90 days, in limited circumstances 
for major disasters with catastrophic impact, such as terrorist attacks 
or other disasters of a catastrophic nature.
    Normally, we apply changes to our regulations under the Stafford 
Act only to disasters declared on or after the effective date of the 
rule. However, the effect on the public in the New York City and 
Washington, DC metropolitan areas after September 11, 2001, have caused 
us to reevaluate the time limitations we placed on the Crisis 
Counseling Regular Program. Previously, such assistance was limited, by 
regulation, to 9 months, with the possibility of a 90 day extension. We 
have determined the extension of the Crisis Counseling Regular Program 
beyond the usual 9 months plus the additional 90 days is necessary to 
address the needs of the public after the catastrophic events of 
September 11, 2001. We have determined that this regulation should 
apply to the Major Disasters declared in New York and Virginia as a 
result of the events of September 11, 2001.

National Environmental Policy Act

    This interim final rule falls within the exclusion category at 44 
CFR 10.8(d)(2)(ii), which addresses the preparation, revision, and 
adoption of regulations, directives, and other guidance documents 
related to actions that qualify for categorical exclusions. Qualifying 
for this exclusion and because no other extraordinary circumstances 
have been identified, this interim final rule will not require the 
preparation of either an environmental assessment or environmental 
impact statement as defined by the National Environmental Policy Act.

Executive Order 12866, Regulatory Planning and Review

    We have prepared and reviewed this rule under the provisions of 
E.O. 12866, Regulatory Planning and Review. Under Executive Order 
12866, 58 FR 51735, October 4, 1993, a significant regulatory action is 
subject to OMB review and the requirements of the Executive Order. The 
Executive Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    For the reasons that follow, we have concluded that this rule is 
neither an economically significant nor a significant regulatory action 
under the Executive Order. The rule will accomplish one primary 
purpose: To allow in limited circumstances the Assistant Associate 
Director to extend the program period for the Crisis Counseling Regular 
Program. The Office of Management and Budget has not reviewed this rule 
under the principles of Executive Order 12866.

Paperwork Reduction Act

    This interim final rule does not contain a collection of 
information and it therefore is not subject to the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act agencies must consider the 
impact of their rulemakings on ``small entities'' (small businesses, 
small organizations and local governments). When 5 U.S.C. 553 requires 
an agency to publish a notice of proposed rulemaking, the Act requires 
a regulatory flexibility analysis for both the proposed rule and the 
final rule if the rulemaking could ``have a significant economic impact 
on a substantial number of small entities.'' The Act also provides that 
if a regulatory flexibility analysis is not required, the agency must 
certify in the rulemaking document that the rulemaking will not ``have 
a significant economic impact on a substantial number of small 
entities.''
    For the reasons that follow, I certify that a regulatory 
flexibility analysis is not required for this rule because it would not 
have a significant economic impact on a substantial number of small 
entities. This rule allows in limited circumstances the Assistant 
Associate Director to extend the program period for the Crisis 
Counseling Regular Program. The rule does not change in anyway the 
eligibility of small entities for disaster assistance.

Executive Order 13132, Federalism

    Executive Order 13132, Federalism, dated August 4, 1999, sets forth 
principles and criteria that agencies

[[Page 9900]]

must adhere to in formulating and implementing policies that have 
federalism implications, that is, regulations that have substantial 
direct effects on the States, or on the distribution of power and 
responsibilities among the various levels of government. Federal 
agencies must closely examine the statutory authority supporting any 
action that would limit the policymaking discretion of the States, and 
to the extent practicable, must consult with State and local officials 
before implementing any such action.
    We have reviewed this rule under E.O. 13132 and have concluded that 
the rule does not have federalism implications as defined by the 
Executive Order. We have determined that the rule does not 
significantly affect the rights, roles, and responsibilities of States, 
and involves no preemption of State law nor does it limit State 
policymaking discretion, since the rule merely extends the program 
period for the Crisis Counseling Regular Program.

Executive Order 12778, Civil Justice Reform

    This final rule meets the applicable standards of Sec.  2(b)(2) of 
E.O. 12778.

Administrative Procedure Act Statement

    In general, FEMA publishes a rule for public comment before issuing 
a final rule, under the Administrative Procedure Act, 5 U.S.C. 533 and 
44 CFR 1.12. The Administrative Procedure Act, however, provides an 
exception from that general rule where the agency for good cause finds 
the procedures for comment and response contrary to public interest. 
The public benefit of this rule is the ability to extend the program 
period for the Crisis Counseling Regular Program.
    Therefore, we believe it is contrary to the public interest to 
delay the benefits of this rule. In accordance with the Administrative 
Procedure Act, 5 U.S.C. 553(d)(3), we find that there is good cause for 
the interim final rule to take effect immediately upon publication in 
the Federal Register.
    In addition, we believe that, under the circumstances, delaying the 
effective date of this rule until after a comment period would not 
further the public interest. For these reasons, we believe we have good 
cause to publish an interim final rule.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Community facilities, 
Disaster Assistance, Grant programs, Loan programs, Reporting and 
recordkeeping requirements.

    Accordingly, Amend 44 CFR part 206 as follows:

PART 206--[AMENDED]

    1. The authority citation of part 206 continues to read:

    Authority: Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121-5206; Reorganization Plan No. 3 of 
1978, 43 F.R. 41943; 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 F.R. 
19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 F.R. 43239, 3 CFR, 
1979 Comp., p. 412; and E.O. 12673, 54 F.R. 12571, 3 CFR, 1989 
Comp., p. 214.

    2. Revise Sec.  206.171 (g) (4) (i) to read as follows:


Sec.  206.171  Crisis counseling assistance and training.

* * * * *
    (g) * * *
    (4) * * *
    (i) Shall not exceed 9 months from the date of the DHHS notice of 
grant award, except that upon the request of the State to the Regional 
Director and the Secretary, the Assistant Associate Director may 
authorize up to 90 days of additional program period because of 
documented extraordinary circumstances. In limited circumstances, such 
as disasters of a catastrophic nature, the Assistant Associate Director 
may extend the program period for more than 90 days where he or she 
deems it to be in the public interest.
* * * * *

    Dated: February 26, 2003.
Joe M. Allbaugh,
Director.
[FR Doc. 03-4901 Filed 2-28-03; 8:45 am]
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