[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Rules and Regulations]
[Pages 24082-24084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9985]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

RIN 1660-AA19


Disaster Assistance Definitions; Statutory Change

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Interim final rule.

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SUMMARY: FEMA is publishing an interim final rule to amend the 
definitions of ``Local government,'' ``State,'' and ``United States'' 
as set forth in 44 CFR 206.2 to coincide with those definitions 
established by the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act. This rule takes effect immediately, but before 
publishing a final rule on this subject, FEMA requests and invites 
comments from all interested or affected parties.

EFFECTIVE DATE: Effective May 3, 2004. FEMA invites comments on this 
interim final rule, which should be received by FEMA on or before July 
2, 2004.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office 
of the General Counsel, Federal Emergency Management Agency, 500 C 
Street, SW., Room 840, Washington, DC 20472, (facsimile) 202-646-4536, 
or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Michael S. Herman, Office of the 
General Counsel, Federal Emergency Management Agency, 500 C Street, 
SW., Room 840, Washington, DC 20472, (facsimile) 202-646-4536, or 
(email) [email protected].

SUPPLEMENTARY INFORMATION: The Disaster Mitigation Act of 2000, Public 
Law 106-390, 114 Statutes at Large 1552 et seq. was enacted on October 
30, 2000, and amended the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, 42 U.S.C. 5121-5204c (the Stafford Act). 
Among these changes were the definitions of ``Local government'' in 42 
U.S.C. 5122(6), ``State'' in 42 U.S.C. 5122(4), and ``United States'' 
in 42 U.S.C. 5122(3). Corresponding definitions of these terms can be 
found in 44 CFR 206.2(a). FEMA is issuing this interim final rule to 
amend the definitions of ``Local government,'' ``State,'' and ``United 
States'' found in 44 CFR 206.2(a) so that these definitions match the 
statutory authority.
    The definition of ``Local government'' is amended for 
clarification, and among other changes, includes: a county, 
municipality, city, town, township, local public authority, school 
district, special district, intrastate district, council of governments 
(regardless of whether the council of governments is incorporated as a 
nonprofit corporation under State law), regional or interstate 
government entity, or agency or instrumentality of a local government. 
FEMA believes that this definition codifies the agencies' 
interpretation of the previous definition of local government, except 
for a council of government, which was added by statute.
    The definition of ``State'' is changed to delete reference to the 
Trust Territory of the Pacific Islands, the Federated States of 
Micronesia, and the Republic of the Marshall Islands. The definition of 
``State'' is now any State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands.
    The definition of ``United States'' has been changed to correct the 
name of the Commonwealth of the Northern Mariana Islands and to delete 
reference to the Trust Territory of the Pacific Islands. The defintion 
of the ``United States'' is now the 50 States, the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands.

National Environmental Policy Act

    This interim final rule falls within the 44 CFR 10.8(d)(2)(ii) 
exclusion category, which addresses the preparation, revision, and 
adoption of regulations,

[[Page 24083]]

directives, manuals, and other guidance documents related to actions 
that qualify for categorical exclusions. This interim final rule 
qualifies for this exclusion, and no other extraordinary circumstances 
have been identified; therefore, this interim final rule will not 
require the preparation of an environmental assessment or an 
environmental impact statement as defined by the National Environmental 
Policy Act.

Executive Order 12866--Regulatory Planning and Review

    FEMA has prepared and reviewed this rule under the provisions of 
Executive Order 12866, Regulatory Planning and Review. Under Executive 
Order 12866, 58 FR 51735, Oct. 4, 1993, a significant regulatory action 
is subject to the Office of Management and Budget (OMB) review and the 
requirements of the Executive Order. The Executive Order defines a 
``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 
th[e] Executive [O]rder.
    The purpose of this rule is to amend the definitions of ``Local 
government,'' ``State,'' and ``United States'' in FEMA's regulations to 
make those definitions consistent with statutory definitions in the 
Stafford Act as amended. Therefore, this rule is neither a significant 
regulatory action, nor an economically significant rule under the 
Executive Order. OMB has not reviewed this rule under the principles of 
Executive Order 12866.

Paperwork Reduction Act of 1995

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

Executive Order 13132--Federalism

    Executive Order 13132, Federalism, dated August 4, 1999, sets forth 
principles and criteria to which agencies must adhere 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.
    FEMA has reviewed this rule under Executive Order 13132 and 
concludes that the rule does not have federalism implications as 
defined by the Executive Order. The rule does not significantly affect 
the rights, roles, and responsibilities of States. It involves no 
preemption of State law, and does not limit State policymaking 
discretion. The rule merely amends the definitions of ``Local 
government,'' ``State,'' and ``United States'' in our regulations to 
make those definitions consistent with those terms' statutory 
definitions in the Stafford Act as amended.

Administrative Procedure Act Statement

    In general, under the Administrative Procedure Act, 5 U.S.C. 533 
and 44 CFR 1.12, FEMA publishes a rule for public comment before 
issuing a final rule. However, the Administrative Procedure Act 
provides an exception to that general rule where the agency finds the 
procedures for comment and response contrary to the public interest for 
good cause.
    The public benefit of this rule is to establish consistency between 
the definitions of ``Local government,'' ``State,'' and ``United 
States'' as set forth in 44 CFR 206.2 and the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 
5121-5204c. We are making our regulations consistent with the law so 
that readers of the regulations are not misinformed as to the 
eligibility of states and local governments for disaster assistance.
    Therefore, FEMA believes 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), FEMA finds that there is good cause 
for the interim final rule to take effect immediately upon publication 
in the Federal Register in order to coincide with the Stafford Act, as 
amended.
    In addition, FEMA believes that under the circumstances, delaying 
the effective date of this rule until after a comment period would not 
further the public interest.
    For the reasons above, FEMA believes there is good cause to 
immediately issue an interim final rule.

Congressional Review of Agency Rulemaking

    The Administrator of the Office of Information and Regulatory 
Affairs of OMB has not designated this interim final rule as a ``major 
rule'' as that term is defined by the Congressional Review of Agency 
Rulemaking Act, 5 U.S.C. 801 et seq. Pursuant to section 5 U.S.C. 
808(2) of the Congressional Review of Agency Rulemaking Act, the 
Department nonetheless finds that ``good cause'' exists for 
establishing an effective date for this rule upon publication because 
delay would be impracticable. The public benefit of this rule is to 
establish consistency between the definitions of ``Local government,'' 
``State,'' and ``United States'' as set forth in 44 CFR 206.2 and the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as 
amended, 42 U.S.C. 5121-5204c.
    Accordingly, this interim final rule is effective on May 3, 2004.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Community facilities, 
Disaster assistance, Grant programs, Loan programs, Reporting and 
record-keeping requirements.

0
Accordingly, FEMA amends 44 CFR part 206 as follows:

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

0
1. The authority citation for 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 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.


0
2. Amend Sec.  206.2 by revising paragraphs (a)(16), (a)(22), and 
(a)(26) to read as follows:


Sec.  206.2  Definitions.

    (a) * * *
    (16) Local government:
    (i) A county, municipality, city, town, township, local public 
authority, school district, special district, intrastate district, 
council of governments (regardless of whether the council of

[[Page 24084]]

governments is incorporated as a nonprofit corporation under State 
law), regional or interstate government entity, or agency or 
instrumentality of a local government;
    (ii) An Indian tribe or authorized tribal organization, or Alaska 
Native village or organization; and
    (iii) A rural community, unincorporated town or village, or other 
public entity, for which an application for assistance is made by a 
State or political subdivision of a State.
* * * * *
    (22) State: Any State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands.
* * * * *
    (26) United States: The 50 States, the District of Columbia, Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands.
* * * * *

    Dated: April 27, 2004.
Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-9985 Filed 4-30-04; 8:45 am]
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