[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75495-75496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26814]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 296

[Docket ID FEMA-2022-0037]
RIN 1660-AB14


Notification of Public Meetings on Hermit's Peak/Calf Canyon Fire 
Assistance

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security (DHS).

ACTION: Announcement of additional in-person public meetings.

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SUMMARY: FEMA will hold additional in-person public meetings to solicit 
public feedback about the Hermit's Peak/Calf Canyon Fire Assistance 
interim final rule. FEMA is issuing this public meeting notification to 
inform the public that FEMA is seeking input on the procedures for 
claimants to seek compensation for injury or loss of property resulting 
from the Hermit's Peak/Calf Canyon Fire.

DATES: Written comments in response to these public meetings may be 
submitted until 11:59 p.m. Eastern Time (ET) on January 13, 2023. Late-
filed comments will be considered to the extent practicable. FEMA will 
hold additional meetings on:

January 4, 2023, 5:30-7:00 p.m. MDT, Pe[ntilde]asco, New Mexico
January 9, 2023, 5:30-7:00 p.m. MDT, Angel Fire, New Mexico

    Depending on the number of speakers, the meetings may end before 
the time indicated, following the last call for comments.

ADDRESSES: The additional public meetings will be held at the following 
locations:

January 4, 2023 meeting at 13 School Road, Pe[ntilde]asco, NM 87553
January 9, 2023 meeting at 1 First National Place, Angel Fire, NM 87710

    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 related to these public meetings must be 
submitted through the Federal eRulemaking Portal at https://www.regulations.gov. Search for FEMA-2022-0037 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 request 
for information made during the meetings will be posted to https://www.regulations.gov, Docket ID FEMA-2022-0037.

FOR FURTHER INFORMATION CONTACT: Angela Gladwell, Office of Response 
and Recovery, 202-646-3642, [email protected]. Persons 
with hearing or speech challenges may access this number through TTY by 
calling the toll-free Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: On September 30, 2022, President Biden 
signed into law the Hermit's Peak/Calf Canyon Fire Assistance Act 
(``Act'') as part of the Continuing Appropriations and Ukraine 
Supplemental Appropriations Act, 2023, Public Law 117-180, 136 Stat. 
2114 (2022). The Act provides compensation to injured persons impacted 
by the Hermit's Peak/Calf Canyon Fire (Fire). It requires FEMA to 
design and administer a claims program to compensate victims, for 
injuries resulting from the fire and to provide for the expeditious 
consideration and settlement for those claims and injuries. The Act 
further directs FEMA to establish an arbitration process for disputes 
regarding claims.
    On November 14, 2022, FEMA published an interim final rule (IFR) 
establishing the procedures for the processing and payment of claims to 
those injured by the Fire sustaining property, business, and/or 
financial losses.\1\ The IFR requested public comment on these 
procedures through January 13, 2022. FEMA's procedures in this IFR are 
generally consistent with prior processes established for claims 
associated with the Cerro Grande Fire Assistance Act.\2\ The first step 
in the

[[Page 75496]]

claims process under this IFR (see, 44 CFR part 296) is for the 
claimant to file a Notice of Loss with the Office of Hermit's Peak/Calf 
Canyon Fire Claims (``Claims Office''). After receipt and 
acknowledgement by the Claims Office, a Claims Reviewer will contact 
the claimant to review the claim and help the claimant formulate a 
strategy for obtaining any necessary supporting documentation to 
complete the Proof of Loss. After discussion of the claim with the 
Claims Reviewer, the claimant will review and sign a Proof of Loss and 
submit it to the Claims Office. The Claims Reviewer will submit a 
report to the Authorized Official for review to determine whether 
compensation is due to the claimant. Once that review is completed, the 
Authorized Official's written decision will be provided to the 
claimant. If satisfied with the decision, the claimant will receive 
payment after returning a completed Release and Certification Form. If 
the claimant is not satisfied with the decision, they may file an 
Administrative Appeal with the Director of the Claims Office. If the 
claimant is not satisfied after appeal, the dispute may be resolved 
through binding arbitration or heard in the United States District 
Court for the District of New Mexico.
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    \1\ 87 FR 68085.
    \2\ The Cerro Grande Fire Assistance Act (Pub. L. 106-246 
(2001)) required FEMA to design and administer a program for fully 
compensating those who suffered injuries resulting from the Cerro 
Grande Fire. The Cerro Grande fire resulted from a prescribed fire 
ignited on May 4, 2000, by National Park Service fire personnel at 
the Bandelier National Monument, New Mexico under an approved 
prescribed fire plan. That fire burned approximately 47,750 acres 
and destroyed over 200 residential structures. The Cerro Grande Fire 
Assistance Act process is detailed in an interim final rule (65 FR 
52259 (Aug. 27, 2000)) and a final rule (66 FR 15847 (Mar. 21, 
2001)) that is now codified at 44 CFR part 295.
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    The IFR also announced that FEMA would hold four in-person public 
meetings to seek feedback on the procedures for processing and payment 
of claims to those injured by the Fire sustaining property, business, 
and/or financial loss. This document announces that FEMA will hold two 
additional public meetings. FEMA is holding these additional public 
meetings to ensure that all interested parties have sufficient 
opportunity to provide comments on the IFR during the comment period. 
FEMA received a request to provide video conferencing at upcoming 
public meetings. As these meetings are not held in FEMA facilities, the 
Agency is unable to offer video conferencing. Transcripts of the 
meetings will be posted to the public docket and FEMA will also post 
transcripts of the meetings to https://www.fema.gov/hermits-peak. FEMA 
will carefully consider all relevant comments received during the 
public meetings and during the IFR comment period closing on January 
13, 2023. All comments or remarks provided on the request for 
information during the meeting will be transcribed and posted to the 
rulemaking docket on https://www.regulations.gov.

Erik A. Hooks,
Deputy Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-26814 Filed 12-8-22; 8:45 am]
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