[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Rules and Regulations]
[Pages 50713-50715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20281]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 204
[Docket ID FEMA-2010-0036]
RIN-1660-AA72
Procedural Changes to the Fire Management Assistance Declaration
Process
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 updating its Fire Management Assistance Grant Program
regulations to reflect a change in the internal delegation of authority
for fire management assistance declarations, and resulting internal
procedural changes that are impacted by the change in authority. FEMA
is also making nomenclature changes to update names and titles to
reflect recent changes to FEMA's organizational structure.
DATES: This final rule is effective August 17, 2010.
ADDRESSES: A copy of this rule is available electronically on the
Federal eRulemaking Portal at www.regulations.gov. (In the Keyword
Search or ID box, type FEMA-2010-0036.)
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: James A. Walke, Director, Public
Assistance Division, Recovery Directorate, DHS/FEMA, 500 C Street, SW.,
Washington, DC 20472-3300. Phone: 202-646-2751. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Fire Management Assistance Grant (FMAG) Program assists State,
local, and Tribal governments with the mitigation, management, and
control of fires on publicly or privately owned forests or grasslands,
which threaten such destruction as would constitute a major disaster.
The FMAG declaration process may be initiated when a fire is burning
uncontrolled and threatens such destruction as would constitute a major
disaster. The FMAG declaration process is initiated by a State
submitting a request for assistance to the Regional Administrator. The
request addresses the threat to lives and improved property, the
availability of State and local firefighting resources, high fire
danger conditions, and the potential for major economic impact. Those
criteria are supported with documentation that contains factual data
and professional estimates. The Regional Administrator then coordinates
with the Principal Advisor and forwards the request to the Assistant
Administrator for the Disaster Assistance Directorate. The Assistant
Administrator for the Disaster Assistance Directorate then makes a
determination whether the fire or fire complex threatens such
destruction as would constitute a major disaster. The entire process is
accomplished on an expedited basis.
II. Discussion of the Rule
In December 2009, FEMA underwent a reorganization to streamline and
improve FEMA's programs and, consistent with the reorganization, is now
revising the delegation of authority under the FMAG program regarding
determinations that a fire or fire complex threatens such destruction
as would constitute a major disaster. This final rule therefore updates
title 44, part 204 of the Code of Federal Regulations (CFR) to reflect
those organizational and procedural changes. This final rule does not
change the substantive eligibility requirements, contained in FEMA's
existing regulations.
On March 3, 2004, the Secretary for Homeland Security delegated the
authority to make FMAG determinations to the Administrator (then called
the Under Secretary for Emergency Preparedness and Response) in
Homeland Security Delegation Number 9001. This delegation to the
Administrator explicitly authorizes redelegation of this authority.
This procedural rule removes the redelegation of authority to the
Assistant Administrator for the Disaster Assistance Directorate (now
the Assistant Administrator for Recovery per the 2009 internal
reorganization) and reverts the authority to issue FMAG declarations
and decide appeals back to the Administrator.
Although the Administrator is rescinding his redelegation of this
authority to the Assistant Administrator for the Disaster Assistance
Directorate, at any time the Administrator may redelegate this
authority at his discretion, in writing. Such delegations are not
required to be made through regulation, or published in the Federal
Register. Pursuant to the Federal Register Act (44 U.S.C. 1505), the
only documents that are required to be published in the Federal
Register are Presidential proclamations, Executive Orders, and those
documents that either the President has determined to have general
applicability and legal effect or are required to be published in the
Federal Register by Act of Congress. The delegation of the FEMA
Administrator's authority to make determinations regarding the FMAG
program does not trigger those criteria.
States that seek a declaration under the FMAG program will continue
to submit their requests for declarations to FEMA through the Regional
Administrator. The Regional Administrator will forward the request to
the Administrator for a determination on the declaration. This change
in redelegation will affect the procedural requirements associated with
applying for fire management assistance declarations by changing who
reviews requests for FMAG declarations. This rule only changes the
internal processing procedures that occur after a State submits a
request. The application requirements remain the same, as do the
requirements for eligibility.
III. Regulatory Information
A. 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. See
5 U.S.C. 553(b)(3)(A). This rule updates FEMA's regulations to reflect
a change in the internal delegation of authority for fire
[[Page 50714]]
management assistance declarations and appeals. It will not change the
requirements to request an FMAG declaration, the eligibility
requirements to receive such a declaration, the amount of assistance
available should a declaration be made, or the appeals process. These
changes do not confer any substantive rights, benefits or obligations.
This rule is not a substantive rule because it addresses technical
matters regarding internal agency procedure; therefore it does not
require a delayed effective date pursuant to 5 U.S.C. 553(d). Therefore
this rule is effective immediately upon publication in the Federal
Register.
B. 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
revisions to internal agency procedures, will not change the
requirements to request a declaration, the eligibility requirements for
a declaration, or the amount of assistance available should a
declaration be made, it will not impose any costs to the public.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612) requires that
special consideration be given to the effects of regulations on small
entities. This rule will not have a significant economic impact on the
regulated public. Therefore, FEMA certifies that this will not have a
significant economic impact on a substantial number of small entities.
D. 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. This rule will not result in a new
collection of information, or revise an existing collection under the
PRA.
E. 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 final rule under that Order and determined that
it does not have implications for federalism.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal
agencies to assess the effects of their discretionary regulatory
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. As this final rule will not result in such an
expenditure, this rule is not an unfunded Federal mandate.
G. 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).
H. 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 final rule will have
a disproportionately high and adverse human health or environmental
effect on any segment of the population. Accordingly, the requirements
of Executive Order 12898 do not apply to this final rule.
I. Executive Order 12988, Civil Justice Reform
This final 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.
J. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
This final 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.
K. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
This final rule will not create environmental health risks or
safety risks for children under Executive Order 13045, Protection of
Children From Environmental Health Risks and Safety Risks (62 FR 19885,
Apr. 23, 1997).
L. National Environmental Policy Act
This final rule is not a major agency action, nor will it affect
the quality of the environment. FEMA regulations at 44 CFR
10.8(d)(2)(xviii)(N) categorically exclude Fire Management Assistance
Grants from the preparation of environmental impact statements and
environmental assessments. Pursuant to 44 CFR 10.8(d)(2)(ii),
regulations related to actions that qualify for categorical exclusions
are also categorically excluded. Therefore, 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 (Jan. 1, 1970) (42
U.S.C. 4321 et seq.), as amended.
M. Congressional Review of Agency Rulemaking
FEMA has sent this final rule to Congress and to the Government
Accountability Office under the Congressional Review of Agency
Rulemaking Act (Act), Public Law 104-121, 110 Stat. 873 (Mar. 29, 1996)
(5 U.S.C. 804). The rule is 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
[[Page 50715]]
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 204
Administrative practice and procedures, Fire prevention, Grant
programs, Reporting and recordkeeping requirements.
0
For the reasons stated in the preamble, FEMA amends 44 CFR part 204 as
follows:
PART 204--FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM
0
1. The authority citation for part 204 is revised to read as follows:
Authority: Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207; Reorganization Plan No. 3 of
1978, 43 FR 41943; 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR
19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR,
1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp.,
p. 214.
Sec. 204.3 [Amended]
0
2. In Sec. 204.3:
0
a. Remove the definition of the term ``Assistant Administrator''; and
0
b. In the definition of the term ``Declared fire'', remove the words
``Assistant Administrator for the Disaster Assistance Directorate'' and
add in their place, the word ``Administrator''.
Sec. 204.21 [Amended]
0
3. In Sec. 204.21, paragraph (a), remove the words ``Assistant
Administrator for the Disaster Assistance Directorate'' and add in
their place, the word ``Administrator''.
0
4. Revise Sec. 204.23 to read as follows:
Sec. 204.23 Processing a request for a fire management assistance
declaration.
(a) In processing a State's request for a fire management
assistance declaration, the Regional Administrator, in coordination
with the Principal Advisor, will verify the information submitted in
the State's request.
(b) The Principal Advisor, at the request of the Regional
Administrator, is responsible for providing FEMA a technical assessment
of the fire or fire complex for which the State is requesting a fire
management assistance declaration. The Principal Advisor may consult
with State agencies, usually emergency management or forestry, as well
as the Incident Commander, in order to provide FEMA with an accurate
assessment.
0
5. Revise Sec. 204.24 to read as follows:
Sec. 204.24 Determination on request for a fire management assistance
declaration.
The Administrator will review all information submitted in the
State's request along with the Principal Advisor's assessment and
render a determination. The determination will be based on the
conditions of the fire or fire complex existing at the time of the
State's request. When possible, the Administrator will evaluate the
request and make a determination within several hours. Once the
Administrator renders a determination, FEMA will promptly notify the
State of the determination.
0
6. Revise Sec. 204.26 to read as follows:
Sec. 204.26 Appeal of fire management assistance declaration denial.
(a) Submitting an appeal. When a State's request for a fire
management assistance declaration is denied, the Governor or GAR may
appeal the decision in writing within 30 days after the date of the
letter denying the request. The State should submit this one-time
request for reconsideration in writing, with appropriate additional
information to the Administrator through the Regional Administrator.
The Administrator will reevaluate the State's request and notify the
State of the final determination within 90 days of receipt of the
appeal or the receipt of additional requested information.
(b) Requesting a time-extension. The Administrator may extend the
30-day period for filing an appeal, provided that the Governor or the
GAR submits a written
(c) Request for such an extension within the 30-day period. The
Administrator will evaluate the need for an extension based on the
reasons cited in the request and either approve or deny the request for
an extension.
Dated: August 11, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-20281 Filed 8-16-10; 8:45 am]
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