[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46767-46768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19132]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0025]


Plantings Associated with Eligible Facilities (RP9524.5)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting 
comments on Recovery Policy, RP 9524.5, Plantings Associated with 
Eligible Facilities. DATES: Comments must be received by September 5, 
2012.

ADDRESSES: Comments must be identified by docket ID FEMA-2012-0025 and 
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. Please note that this proposed 
policy is not a rulemaking and the Federal Rulemaking Portal is being 
utilized only as a mechanism for receiving comments.
    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal 
Emergency Management Agency, Room 835, 500 C Street SW., Washington, DC 
20472-3100.

FOR FURTHER INFORMATION CONTACT: Jurice Hardin, Public Assistance 
Division, via email at [email protected] or by facsimile at (202) 
646-3304. If you have any questions, please call Ms. Hardin at (202) 
646-2931, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name 
and docket ID. Regardless of the method used for submitting comments or 
material, all submissions will be posted, without change, to the 
Federal eRulemaking Portal at http://www.regulations.gov, and will 
include any personal information you provide. Therefore, submitting 
this information makes it public. You may wish to read the Privacy Act 
notice, which can be viewed by clicking on the ``Privacy Notice'' link 
on the homepage of www.regulations.gov.
    You may submit your comments and material by the methods specified 
in the ADDRESSES section. Please submit your comments and any 
supporting material by only one means to avoid the receipt and review 
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2012-
0025. For access to the docket to read background documents or comments 
received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. Submitted comments 
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C 
Street SW., Washington, DC 20472.

II. Background

    Generally, plantings such as trees, shrubs, and other vegetation 
are not eligible for replacement under Section 406 of the Robert T. 
Stafford Relief and Emergency Disaster Assistance Act (Stafford Act) 
(Repair, Restoration, and Replacement of Damaged Facilities). FEMA 
acknowledges the economic and environmental benefits of replacing 
trees, shrubs, and other plantings, but has determined that replacement 
of trees, shrubs, and other plantings damaged or destroyed by a 
disaster does not impact essential services. This policy defines 
ineligible work related to trees, shrubs, and other plantings, and 
defines the limited eligibility for replacement of grass and sod 
associated with facilities eligible for repair and restoration.
    Limited instances when plantings are eligible include grass and sod 
replacement if it is an integral part of the repair of an eligible 
recreational facility (e.g., publicly owned football, soccer, baseball 
fields, golf courses); plantings when they are part of an emergency 
protective measure or the repair of an eligible facility for the 
purposes of stabilizing slopes (including dunes on eligible improved 
beaches), erosion control, or minimizing sediment runoff; and plantings 
required for the mitigation of environmental impacts such as impacts to 
wetlands or endangered species habitat. Eligibility of the above 
plantings is limited to plantings that are required under a Federal, 
State, Tribal, or local government code or regulation.
    This policy was previously issued on July 18, 2007. The policy was 
reviewed according to the established schedule for FEMA Public 
Assistance policies.

[[Page 46768]]

    FEMA seeks comment on the proposed policy, which is available 
online at http://www.regulations.gov in docket ID FEMA-2012-0025. Based 
on the comments received, FEMA may make appropriate revisions to the 
proposed policy. Although FEMA will consider any comments received in 
the drafting of the final policy, FEMA will not provide a response to 
comments document. When or if FEMA issues a final policy, FEMA will 
publish a notice of availability in the Federal Register and make the 
final policy available at http://www.regulations.gov.

    Authority:  42 U.S.C. 5121-5207.

    Dated: August 1, 2012.
David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency 
Management Agency.
[FR Doc. 2012-19132 Filed 8-3-12; 8:45 am]
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