[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR1.16]

[Page 12]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 1_RULEMAKING; POLICY AND PROCEDURES--Table of Contents
 
                   Subpart B_Procedures for Rulemaking
 
Sec. 1.16  Adoption of a final rule.

    (a) All timely comments will be considered in taking final action on 
a proposed rule. Each preamble to a final rule will contain a short 
analysis and evaluation of the relevant significant issues set forth in 
the comments submitted, and a clear concise statement of the basis and 
purpose of the rule.
    (b) When determined necessary by the Director in accordance with the 
provisions of 1 CFR 18.12, the preamble shall contain the following 
information:
    (1) A discussion of the background and major issues involved;
    (2) In the case of a final rule, any significant differences between 
it and the proposed rule;
    (3) A response to substantive public comments received; and
    (4) Any other information the Director considers appropriate.
    (c) At the time of publication of the final rule, a statement shall 
be published describing how the public may obtain copies of the final 
regulatory flexibility analysis which must be prepared in accordance 
with 5 U.S.C. 604 unless the procedure for waiver or delay of completion 
under 5 U.S.C. 608 is followed.
    (d) Before approving any final major rule FEMA will:
    (1) Make a determination that the regulation is clearly within the 
authority delegated by law and consistent with congressional intent and 
include in the Federal Register at the time of promulgation a memorandum 
of law supporting that determination; and
    (2) Make a determination that the factual conclusions upon which the 
rule is based have substantial support in the agency record, viewed as a 
whole, with full attention to public comments in general and the 
comments of persons directly affected by the rule in particular.

[[Page 13]]