[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Rules and Regulations]
[Pages 9445-9446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3650]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
48 CFR Chapter 44
[Docket ID FEMA-2006-0033]
RIN 1660-AA46
Federal Emergency Management Agency (FEMA) Acquisition Regulation
System; Removal of Chapter 44
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Direct final rule.
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SUMMARY: This direct final rule removes the Federal Emergency
Management Agency Acquisition Regulation in its entirety. This removal
is a result of the establishment of the Department of Homeland Security
and its subsequent Homeland Security Acquisition Regulation supplement
to the Federal Acquisition Regulation.
DATES: This rule is effective May 1, 2007, unless adverse comment is
received by April 2, 2007. If adverse comment is received, FEMA will
publish a timely withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0033, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include Docket ID FEMA-2006-0033 in the
subject line of the message.
Fax: 866-466-5370.
Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of Chief
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street,
SW., Washington, DC 20472.
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 that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of www.regulations.gov.
Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov. Submitted comments may also be inspected at FEMA.
FOR FURTHER INFORMATION CONTACT: Joyce M. Ard, Federal Emergency
Management Agency, 500 C Street, SW., Patriot Plaza Room 201,
Washington, DC 20472, (phone) 202-646-3213, (facsimile) 202-646-2928,
or (e-mail) [email protected].
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) is issuing this action as a direct final rule without prior
proprosal because FEMA believes that this action is not controversial
and will not result in any adverse comments. This direct final rule
removes the FEMA Acquisition Regulation (FEMAAR) at 48 CFR Chapter 44
in its entirety. (FEMAAR was published in 50 FR 31316, Aug. 1, 1985,
and amended at 55 FR 28206, July 10, 1990). The specific language and
subsequent clauses are removed as a result of the transfer of FEMA to
the Department of Homeland Security (DHS) on March 1, 2003. The
Homeland Security Acquisition Regulation (HSAR), 48 CFR Chapter 30,
issued in 68 FR 67867, Dec. 4, 2003 and amended as a final rule in 71
FR 25759, May 2, 2006, 71 FR 48800, Aug. 22, 2006 and in 72 FR 1296,
Jan. 11, 2007 established a uniform department-wide acquisition
regulation for DHS and for purposes of 48 CFR Chapter 30 listed all
entities for which the chapter applied to include FEMA.
FEMA believes it is important to make this action effective as soon
as possible not only to remove inapplicable regulatory text, but to be
consistent with DHS uniform department-wide acquisition regulations.
For these reasons, FEMA believes that it is appropriate to issue this
rule as a direct final rule. This rule conforms with the good cause
exemption under section 553(b)(B) of the Administrative Procedure Act
(5 U.S.C. 553(b)(B)), because notice and comment is unnecessary. As
stated above, this rulemaking simply completes an administrative task
by removing inapplicable and inconsistent regulatory text. However, if
FEMA receives a significant adverse comment within 30 days of
publication of this direct final rule, FEMA will publish a timely
notice of withdrawal in the Federal Register. If FEMA receives no
significant adverse comment, before the effective date, FEMA will
publish a document in the Federal Register stating that no adverse
comment was received and confirming that this rule will be effective as
scheduled.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) mandates that an agency
conduct a RFA analysis when an agency is ``required by section 553 * *
* to publish general notice of proposed rulemaking for any proposed
rule.'' 5 U.S.C. 603(a). Accordingly, RFA analysis is not required when
a rule is exempt from notice and comment rulemaking under 5 U.S.C.
553(b). Here, FEMA is issuing this action as a direct final rule
without prior proposal because FEMA believes that this action is not
controversial and will not result in any adverse comments. Moreover, as
stated previously, good cause exists under 5 U.S.C. 553(b)(B) to exempt
this rule from the notice and comment requirements of 5 U.S.C. 553(b).
Therefore no RFA analysis under 5 U.S.C. 603 is required for this rule.
Executive Order 12866--Regulatory Planning and Review
Under Executive Order 12866, 58 FR 51735, Oct. 4, 1993, a
``significant regulatory action'' is subject to Office of Management
and Budget (OMB) review and the requirements of Executive Order 12866.
Section 3(f) of 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 may 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.
Sections 503(1), 701(a)(2), 1511(d)(2) of the Homeland Security
Act, 6 U.S.C. 313(1), 341(a)(2), 551(d)(2), established FEMA as a
component within DHS. As a DHS component FEMA adheres to the HSAR, 48
CFR 3001.105-2(a) and 3001.301(a)(1). This direct final rule removes
the FEMAAR as a result of the establishment of FEMA as a DHS component.
Therefore, this rulemaking is not considered to be an economically
significant regulatory action under
[[Page 9446]]
section 3(f) of Executive Order 12866. This rule adheres to the
principles of regulation as set forth in the Executive Order.
Executive Order 13132, Federalism
This direct final rule will not have substantial direct effects on
the States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. It will not preempt any State laws. In
accordance with section 6 of Executive Order 13132, FEMA determines
that this rule will not have federalism implications sufficient to
warrant the preparation of a federalism impact statement.
National Environmental Policy Act
This direct final rule falls within the exclusion category of 44
CFR 10.8(d)(2)(ii), which addresses the preparation, revision, and
adoption of regulations, directives, manuals, and other guidance
documents related to actions that qualify for categorical exclusions.
Because no other extraordinary circumstances have been identified, this
direct final rule will not require the preparation of either an
environmental assessment or an environmental impact statement as
defined by the National Environmental Policy Act.
Paperwork Reduction Act of 1995
This direct final rule will not revise information collection
requirements currently approved under the Paperwork Reduction Act of
1995. Under the Paperwork Reduction Act, a person may not be penalized
for failing to comply with an information collection that does not
display a currently valid OMB control number. FEMA has determined that
because the direct final rule would not involve information collection,
there is no need to address the Paperwork Reduction Act in the
promulgation of the rule.
Executive Order 12988
This direct final rule meets the applicable standards of Executive
Order 12988.
List of Subjects in 48 CFR Chapter 44
Government procurement.
0
Accordingly, under the authority of sections 503(1), 701(a)(2),
1511(d)(2) of the Homeland Security Act, 6 U.S.C. 313(1), 341(a)(2),
551(d)(2), FEMA amends 48 CFR by removing chapter 44.
Dated: February 22, 2007.
R. David Paulison,
Director, Federal Emergency Management Agency, Department of Homeland
Security.
[FR Doc. E7-3650 Filed 3-1-07; 8:45 am]
BILLING CODE 9110-49-P