[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Proposed Rules]
[Pages 14067-14068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05169]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID FEMA-2020-0038]
RIN 1660-AA99


Cost of Assistance Estimates in the Disaster Declaration Process 
for the Public Assistance Program; Public Meetings; Extension of 
Comment Period

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Announcement of public meetings; extension of comment period.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is further 
extending the public comment period for its proposed rule published 
December 14, 2020, and will hold two additional public meetings 
remotely via web conference to solicit feedback on the proposed rule. 
The rule proposed to substantively revise the ``estimated cost of the 
assistance'' disaster declaration factor that FEMA uses to review a 
Governor's request for a major disaster under the Public Assistance 
Program.

DATES: Written comments on the proposed rule published at 85 FR 80719 
(December 14, 2020) may be submitted until 11:59 p.m. Eastern Time (ET) 
on Monday, April 12, 2021.
    FEMA will hold meetings on Monday, March 22, 2021, from 4 to 6 p.m. 
ET, and Tuesday, March 23, 2021, from 2 to 4 p.m. ET. The public 
meeting on March 23 will be focused on issues specific to Indian Tribal 
governments. Depending on the number of speakers, the meetings may end 
before the time indicated, following the last call for comments.

ADDRESSES: The public meetings will be held via web conference. Members 
of the public may register to attend the meetings online at the 
following links:
    For the March 22 meeting: https://attendee.gotowebinar.com/register/7166868991421456908.
    For the March 23 Tribal meeting: https://attendee.gotowebinar.com/register/812338295713499916.
    If you would like to speak at a meeting, please indicate that on 
the registration form. For the March 23 meeting, FEMA will be 
prioritizing comments from representatives and members of Indian Tribal 
governments. If there is time remaining in a meeting after all 
registered speakers have finished, FEMA will invite comments from 
others in attendance.
    Reasonable accommodations are available for people with 
disabilities. To request a reasonable accommodation, contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section below as soon as 
possible. Last minute requests will be accepted but may not be possible 
to fulfill.
    Written comments on the proposed rule must be submitted via the 
Federal eRulemaking Portal at https://www.regulations.gov. Search for 
FEMA-2020-0038-0001 and follow the instructions for submitting 
comments.
    All written comments received, including any personal information 
provided, may be posted without alteration at https://www.regulations.gov. All comments on the proposed rule made during the 
meetings will be posted to the rulemaking docket on https://www.regulations.gov.
    For access to the docket and to read comments received by FEMA, go 
to https://www.regulations.gov and search for Docket ID FEMA-2020-0038.

FOR FURTHER INFORMATION CONTACT: Tod Wells, Deputy Division Director, 
Recovery Directorate, Public Assistance, via email at [email protected] or via phone at (202) 646-2500.

SUPPLEMENTARY INFORMATION: On December 14, 2020, FEMA published a 
proposed rule titled Cost of Assistance Estimates in the Disaster 
Declaration Process for the Public Assistance Program.\1\ Pursuant to 
44 CFR 206.48(a), FEMA considers several factors when determining 
whether to recommend that the President declare a major disaster 
authorizing the Public Assistance program. In the Disaster Recovery 
Reform Act of 2018 (DRRA),\2\ Congress directed FEMA to generally 
review those factors, specifically the estimated cost of the assistance 
factor, and to update them through rulemaking, as appropriate.\3\ 
Congress also directed FEMA to give greater consideration to the recent 
multiple disasters and

[[Page 14068]]

localized impacts factors \4\ when evaluating a request for a major 
disaster.\5\
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    \1\ 85 FR 80719 (Dec. 14, 2020).
    \2\ Public Law 115-254, 132 Stat. 3438 (Oct. 5, 2018).
    \3\ DRRA sec. 1239.
    \4\ 44 CFR 206.48(a)(2), (5).
    \5\ DRRA sec. 1232.
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    As published on December 14, 2020, FEMA proposes to amend the 
estimated cost of the assistance factor in 44 CFR 206.48(a)(1) to raise 
the per capita indicator and the minimum threshold. As is detailed in 
the proposed rule, the current per capita indicator and minimum 
threshold do not provide an accurate measure of States' capabilities to 
respond to disasters.\6\ FEMA does not propose to substantively revise 
the localized impacts factor because it is already sufficiently 
flexible to address the requirements of section 1232 of the DRRA. FEMA 
also does not propose any revisions to the recent multiple disasters 
factor, but requests comment on whether the 12-month time limit 
currently in place is sufficient to address this factor as required by 
the DRRA.
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    \6\ See 85 FR 80719.
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    DRRA further provided that FEMA shall engage in meaningful 
consultation with relevant representatives of State, regional, local, 
and Indian Tribal government stakeholders.\7\ In fulfillment of this 
requirement, FEMA held a public meeting on February 24, 2021, to 
solicit feedback on the proposed rule from its stakeholders and 
extended the comment period for the rule from February 12 to March 12, 
2021.\8\
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    \7\ DRRA sec. 1239.
    \8\ 86 FR 8334 (Feb. 5, 2021).
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    Due to technical difficulties at the February 24 meeting, FEMA is 
further extending the comment period until April 12, 2021, and will 
hold two additional public meetings on March 22 and 23, 2021, to ensure 
all interested parties have the fullest opportunity to provide comments 
on the proposed rule. The meeting on March 23 will focus on the 
potential impact of the proposed rule on Indian Tribal governments and 
is intended to give Tribal members and representatives a separate 
opportunity to provide their feedback on the proposed rule. FEMA 
welcomes input, both at the meetings and in written comments submitted 
separately, on considerations of local economic factors such as the 
local assessable tax base; the local sales tax; the median income and 
poverty rate of the local affected area as it compares to that of the 
State and the economic health of the State, including such factors as 
the State unemployment rate compared to the national rate; and how such 
factors can be used to evaluate whether the affected State and local 
governments have been overwhelmed.\9\
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    \9\ See Explanatory Statement for H.R.133, Consolidated 
Appropriations Act, 2021, 166 Cong. Rec. H8479 (daily ed. Dec. 21, 
2020).
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    FEMA will carefully consider all relevant comments received during 
the meetings and during the rest of the comment period when determining 
whether to issue a final rule.

MaryAnn Tierney,
Acting Deputy Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-05169 Filed 3-11-21; 8:45 am]
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