[Federal Register: March 3, 2003 (Volume 68, Number 41)]
[Rules and Regulations]
[Page 9899-9900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr03-12]
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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) rules@fema.gov.
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) Berl.Jones@fema.gov.
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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