[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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.



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