[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR1.9]



[Page 10-11]

 

              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.  1.9  Regulatory impact analyses.



    (a) FEMA shall, in connection with any major rule, prepare and 

consider a Regulatory Impact Analysis. Such analysis may be combined 

with the Regulatory Flexibility Analysis described in Sec.  Sec.  1.12(f) 

and 1.16(c) of this part.

    (b) FEMA shall initially determine whether a rule it intends to 

propose or to issue is a major rule and, if a major rule, shall prepare 

Regulatory Impact Analyses and transmit them, along with all notices of 

proposed rulemaking and all final rules, to the Director, Office of 

Management and Budget, as follows:

    (1) If no notice of proposed rulemaking is to be published for a 

proposed major rule that is not an emergency rule, the agency shall 

prepare only a final Regulatory Impact Analysis, which shall be 

transmitted, along with the proposed rule, to the Director, Office of 

Management and Budget, at least 60 days prior to the publication of the 

major rule as a final rule;

    (2) With respect to all other major rules, FEMA shall prepare a 

preliminary Regulatory Impact Analysis, which shall be transmitted, 

along with a notice of proposed rulemaking, to the Director, Office of 

Management and Budget, at least 60 days prior to the publication of a 

notice of proposed rulemaking, and a final Regulatory Impact Analysis, 

which shall be transmitted along with the final rule at least 30 days 

prior to the publication of the major rule as a final rule;

    (3) For all rules other than major rules, FEMA shall, unless an 

exemption has been granted, submit to the Director, Office of Management 

and



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Budget, at least 10 days prior to publication, every notice of proposed 

rulemaking and final rule.

    (c) To permit each major rule to be analyzed in light of the 

requirements stated in section 2 of Executive Order 12291, each 

preliminary and final Regulatory Impact Analysis shall contain the 

following information:

    (1) A description of the potential benefits of the rule, including 

any beneficial effects that cannot be quantified in monetary terms, and 

the identification of those likely to receive the benefits;

    (2) A description of the potential costs of the rule, including any 

adverse effects that cannot be quantified in monetary terms, and the 

identification of those likely to bear the costs;

    (3) A determination of the potential net benefits of the rule, 

including an evaluation of effects that cannot be quantified in monetary 

terms;

    (4) A description of alternative approaches that could substantially 

achieve the same regulatory goal at lower cost, together with an 

analysis of this potential benefit and costs and a brief explanation of 

the legal reasons why such alternatives, if proposed, could not be 

adopted; and

    (5) Unless covered by the description required under paragraph 

(c)(4) of this section, an explanation of any legal reasons why the rule 

cannot be based on the requirements set forth in section 2 of Executive 

Order 12291.