[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: 44CFR1.4]



[Page 8-9]

 

              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 A_General

 

Sec. 1.4  Policy and procedures.



    (a) In promulgating new regulations, reviewing existing regulations, 

and developing legislative proposals concerning regulation, FEMA, to the 

extent permitted by law, shall adhere to the following requirements:

    (1) Administrative decisions shall be based on adequate information 

concerning the need for and consequences of proposed government action;

    (2) Regulatory action shall not be undertaken unless the potential 

benefits to society for the regulation outweigh the potential costs to 

society;

    (3) Regulatory objectives shall be chosen to maximize the net 

benefits to society;

    (4) Among alternative approaches to any given regulatory objective, 

the alternative involving the least net cost to society shall be chosen; 

and

    (5) FEMA shall set regulatory priorities with the aim of maximizing 

the aggregate net benefits to society, taking into account the condition 

of the particular entities affected by regulations, the condition of the 

national economy, and other regulatory actions contemplated for the 

future.

    (b) It is the policy of FEMA to provide for public participation in 

rulemaking regarding its programs and functions, including matters that 

relate to public property, loans, grants, or benefits, or contracts, 

even though these matters are not subject to a requirement for notice 

and public comment rulemaking by law.

    (c) FEMA will publish notices of proposed rulemaking in the Federal 

Register and will give interested persons an opportunity to participate 

in the rulemaking through submission of written data, views, and 

arguments with or without opportunity for oral presentation.

    (d) In order to give the public, including small entities and 

consumer groups, an early and meaningful opportunity to participate in 

the development of rules, for a number of regulations the Director will 

employ additional methods of inviting public participation. These 

methods include, but are not limited to, publishing advance Notices of 

Proposed Rulemaking (ANPR), which can include a statement with respect 

to the impact of the proposed rule on small entities; holding open 

conferences; convening public forums or panels, sending notices of 

proposed regulations to publications likely to be read by those affected 

and soliciting comment from interested parties by such means as direct 

mail. An ANPR should be used to solicit public comment early in the 

rulemaking process for significant rules.

    (e) It is the policy of FEMA that its notices of proposed rulemaking 

are to afford the public at least sixty days for



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submission of comments unless the Director makes an exception and sets 

forth the reasons for the exception in the preamble to the notice of 

proposed rulemaking. This period shall also include any period of review 

required by the Office of Management and Budget in accordance with the 

Paperwork Reduction Act of 1980.

    (f) Unless required by statute or Executive Order, notice and public 

procedure may be omitted if the Director, for good cause, determines in 

a particular case or class of cases that notice and public procedure is 

impractical, unnecessary or contrary to the public interest and sets 

forth the reason for the determination in the rulemaking document or, 

for a class of cases, in a published rule or statement of policy. In a 

particular case, the reasons for the determination will be stated in the 

rulemaking document. Notice and public procedure may also be omitted 

with respect to statements of policy, interpretative rules, rules 

governing FEMA's organization or its own internal practices or 

procedures, or if a statute expressly authorizes omission.

    (g) A final substantive rule will be published not less than 30 days 

before its effective date unless it grants or recognizes an exemption or 

relieves a restriction or unless the rulemaking document states good 

cause for its taking effect less than 30 days after publication. 

Statements of policy and interpretative rules will usually be made 

effective on the date of publication.

    (h) This part shall not apply to any regulation that responds to an 

emergency situation, provided that, any such regulation shall be 

reported to the Director, Office of Management and Budget, as soon as is 

practicable. FEMA shall publish in the Federal Register a statement of 

the reasons why it is impracticable for the agency to follow the 

procedures of Executive Order 12291 with respect to such a rule, and the 

agency shall prepare and transmit, if needed, as soon as is practicable 

a Regulatory Impact Analysis of any such major rule.



[46 FR 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984; 

50 FR 40004, Oct. 1, 1985]