[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Rules and Regulations]
[Pages 56122-56123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26191]
[[Page 56122]]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 62
[Docket ID FEMA-2009-0009]
RIN 1660-AA64
Technical Amendment; Federal Emergency Management Agency's Claims
Appeals
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: By this final rule, the Federal Emergency Management Agency
(FEMA) is making an address change in FEMA's National Flood Insurance
Program Claims Appeals regulations.
DATES: This final rule is effective October 30, 2009.
ADDRESSES: A copy of this rule is available electronically on the
Federal eRulemaking Portal at http://www.regulations.gov. To the far
right of that page is a heading entitled ``Keyword.'' Type ``FEMA-2009-
0009'' under the ``Keyword'' heading. The next screen will provide the
``Search Results.'' Scroll down until you see the tabs: ``View By
Relevance'' and ``View By Docket.'' Select one of the tabs to review
the docket. The rule is also available for inspection at the Office of
Chief Counsel, DHS/FEMA, 500 C Street, SW., Room 835, Washington, DC
20472-3100.
FOR FURTHER INFORMATION CONTACT: Edward L. Connor, Acting Federal
Insurance Administrator, DHS/FEMA, 1800 South Bell Street, Arlington,
VA 20598-3010, (202) 646-3429 (Phone), (202) 646-7970 (facsimile), or
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion of the Rule
The National Flood Insurance Program Claims Appeals Process is in
44 CFR 62.20. Under 44 CFR 62.20(e)(1), National Flood Insurance
Program (NFIP) policyholders currently must submit written appeals of
decisions to: Federal Emergency Management Agency, Federal Insurance
Administrator, Mitigation Division, 500 C Street, SW., Washington, DC
20472. FEMA has instituted a new mail service that resulted in a change
to the address where NFIP policyholders should submit written claims
appeals. Under this rule, NFIP policyholders must submit written claims
appeals to: DHS/FEMA, Mitigation Directorate, Federal Insurance
Administrator, 1800 South Bell Street, Arlington, VA 20598-MS3010. This
final rule revises 44 CFR 62.20(e)(1) to reflect the new address.
During the transition, any claims appeals received by FEMA at its
Washington, DC address, will be forwarded to the Arlington, VA address.
Regulatory Analysis
Administrative Procedure Act
FEMA did not publish a notice of proposed rulemaking (NPRM) for
this regulation. FEMA finds that this rule is exempt from the
Administrative Procedure Act's (5 U.S.C. 553(b)) notice and comment
rulemaking requirements because it is purely procedural in nature. This
rule merely updates FEMA's regulations to reflect a change in the
mailing address. These changes do not confer any substantive rights,
benefits or obligations; therefore this rule will have no substantive
effect on the public. Under 5 U.S.C. 553(d)(3), FEMA finds that, for
the same reasons, this rule is effective immediately upon publication
in the Federal Register.
Executive Order 12866, Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, Oct. 4, 1993), accordingly FEMA has not submitted it to the
Office of Management and Budget (OMB) for review. As this rule involves
a non-substantive change, FEMA expects that it will not impose any
costs on the public.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires that
special consideration be given to the effects of proposed regulations
on small entities. This rule does not require a Notice of Proposed
Rulemaking and, therefore, is exempt from the requirements of the
Regulatory Flexibility Act.
Paperwork Reduction Act of 1995
As required by the Paperwork Reduction Act of 1995 (PRA) Public Law
104-13 (44 U.S.C. 3501 et seq.), as amended, an agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless the collection of information displays a valid OMB
control number.
Although this regulatory change will not result in a new collection
of information affected by the PRA, the collection of information for
the National Flood Insurance Program Claims Appeal Process is approved
under OMB Number, 1660-0095. The 30-day notice published on October 23,
2009 at 74 FR 54838. The Expiration Date for 1660-0095 is January 31,
2010.
Executive Order 13132, Federalism
A rule has implications for federalism under Executive Order 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), if it has a substantial
direct effect on State or local governments and would either preempt
State law or impose a substantial direct cost of compliance on them.
FEMA has analyzed this rule under that Order and determined that it
does not have implications for federalism.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (the Act), Public Law 104-
4, 109 Stat. 48 (March 22, 1995) (2 U.S.C. 1501 et seq.), requires
Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Therefore, this rule is not an unfunded Federal mandate under
the Act.
Executive Order 12630, Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' (53 FR 8859, Mar. 18, 1988).
Executive Order 12898, Environmental Justice
Under Executive Order 12898, as amended ``Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, Feb. 16, 1994), FEMA has undertaken to
incorporate environmental justice into its policies and programs.
Executive Order 12898 requires each Federal agency to conduct its
programs, policies, and activities that substantially affect human
health or the environment, in a manner that ensures that those
programs, policies, and activities do not have the effect of excluding
persons from participation in, denying persons the benefit of, or
subjecting persons to discrimination because of their race, color, or
national origin or income level.
No action that FEMA can anticipate under this rule will have a
disproportionately high and adverse human health or environmental
effect on any segment of the population.
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Accordingly, the requirements of Executive Order 12898 do not apply to
this rule.
Executive Order 12988, Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, ``Civil Justice Reform'' (61 FR 4729, Feb. 7,
1996), to minimize litigation, eliminate ambiguity, and reduce burden.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This rule does not have Tribal implications under Executive Order
13175, ``Consultation and Coordination with Indian Tribal Governments''
(65 FR 67249, Nov. 9, 2000), because it does not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes.
National Environmental Policy Act
This rule makes administrative technical changes to FEMA's
regulations to reflect changes in agency organization and authorities.
It is not a major agency action, nor will it affect the quality of the
environment. This 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 of 1969, Public Law
91-190, 83 Stat. 852 (January 1, 1970)(42 U.S.C. 4321 et seq.), as
amended.
Congressional Review of Agency Rulemaking
FEMA has sent this final rule to the Congress and to the Government
Accountability Office under the Congressional Review of Agency
Rulemaking Act (Act), Public Law 104-121, 110 Stat. 873 (March 29,
1996)(5 U.S.C. 804). The rule in not a ``major rule'' within the
meaning of that Act and will not result in an annual effect on the
economy of $100,000,000 or more. Moreover, it will not result in a
major increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies, or geographic regions.
FEMA does not expect that it will have ``significant adverse effects''
on competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises.
List of Subjects in 44 CFR Part 62
Claims, Flood insurance, Reporting and recordkeeping requirements.
0
For the reasons stated in the preamble, FEMA amends 44 CFR chapter I as
follows:
PART 62--SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.
0
2. In Sec. 62.20 revise the second sentence of paragraph (e)(1) to
read as follows:
Sec. 62.20 Claims appeals.
* * * * *
(e) * * *
(1) * * * The appeal should be sent to: DHS/FEMA, Mitigation
Directorate, Federal Insurance Administrator, 1800 South Bell Street,
Arlington, VA 20598-MS3010;
* * * * *
Dated: October 26, 2009.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-26191 Filed 10-29-09; 8:45 am]
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