[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Proposed Rules]
[Pages 8334-8335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02459]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID FEMA-2020-0038]
RIN 1660-AA99


Cost of Assistance Estimates in the Disaster Declaration Process 
for the Public Assistance Program; Public Meeting

AGENCY: Federal Emergency Management Agency, Department of Homeland 
Security.

ACTION: Announcement of meeting; extension of comment period.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is extending 
the public comment period for its proposed rule published December 14, 
2020, and will hold a public meeting remotely via web conference to 
solicit feedback on the proposed rule. The rule proposed to 
substantively revise the ``estimated cost of the assistance'' disaster 
declaration factor that FEMA uses to review a Governor's request for a 
major disaster under the Public Assistance Program.

DATES: Written comments on the proposed rule published at 85 FR 80719 
(December 14, 2020) may be submitted until 11:59 p.m. ET on Friday, 
March 12, 2021.
    The meeting will take place on Wednesday, February 24, 2021, from 1 
to 3 p.m. Eastern Time (ET).
    To register in order to make remarks during the meeting, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section 
below by 12 p.m. ET on Tuesday, February 23, 2021.

ADDRESSES: The meeting will be held via web conference. Members of the 
public may view the public portion of the meeting online at https://fema.zoomgov.com/s/1617851830.

[[Page 8335]]

    Reasonable accommodations are available for people with 
disabilities. To request a reasonable accommodation, contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section below as soon as 
possible. Last minute requests will be accepted but may not be possible 
to fulfill.
    Written comments must be submitted via the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the instructions for 
submitting comments.
    Instructions: All written comments must include the docket ID FEMA-
2020-0038. All comments received, including any personal information 
provided, may be posted without alteration at https://www.regulations.gov.
    Docket: For access to the docket and to read comments received by 
FEMA, go to https://www.regulations.gov and search for Docket ID FEMA-
2020-0038.

FOR FURTHER INFORMATION CONTACT: Tod Wells, Deputy Division Director, 
Recovery Directorate, Public Assistance, via email at <a href="/cdn-cgi/l/email-protection#652320282448352448350a090c061c4834100016110c0a0b1625030008044b010d164b020a13"><span class="__cf_email__" data-cfemail="81c7c4ccc0acd1c0acd1eeede8e2f8acd0f4e4f2f5e8eeeff2c1e7e4ece0afe5e9f2afe6eef7">[email protected]</span></a> or via phone at (202) 646-2500.

SUPPLEMENTARY INFORMATION: On December 14, 2020, FEMA published a 
proposed rule titled Cost of Assistance Estimates in the Disaster 
Declaration Process for the Public Assistance Program.\1\ Pursuant to 
44 CFR 206.48(a), FEMA considers several factors when determining 
whether to recommend that the President declare a major disaster 
authorizing the Public Assistance program. In the Disaster Recovery 
Reform Act of 2018 (DRRA),\2\ Congress directed FEMA to generally 
review those factors, specifically the estimated cost of the assistance 
factor, and to update them through rulemaking, as appropriate.\3\ 
Congress also directed FEMA to give greater consideration to the recent 
multiple disasters and localized impacts factors \4\ when evaluating a 
request for a major disaster.\5\
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    \1\ 85 FR 80719.
    \2\ Public Law 115-254, 132 Stat. 3438 (Oct. 5, 2018).
    \3\ DRRA sec. 1239.
    \4\ 44 CFR 206.48(a)(2), (5).
    \5\ DRRA sec. 1232.
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    On January 20, 2021, Assistant to the President and Chief of Staff 
Ronald A. Klain issued a memorandum titled ``Regulatory Freeze Pending 
Review'' to ensure that President Biden's appointees or designees have 
the opportunity to review pending rules.\6\ This regulatory freeze does 
not require FEMA to withdraw pending notices of proposed rulemaking out 
for public comment, but the agency wants to ensure the memorandum's 
intent is met and all parties are given ample opportunity to provide 
input. FEMA is therefore extending the comment period for this rule 
from February 12 to March 12, 2021, and will also hold a public meeting 
on February 24, 2021, to solicit feedback on the proposed rule. These 
measures will help ensure all interested parties have sufficient 
opportunity to review and provide comments on the proposed changes.
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    \6\ See Memorandum on Regulatory Freeze Pending Review for the 
Heads of Executive Departments and Agencies (Jan. 20, 2021), 
available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/regulatory-freeze-pending-review/ (last visited 
Jan. 22, 2021).
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    As published on December 14, 2020, FEMA proposes to amend the 
estimated cost of the assistance factor in 44 CFR 206.48(a)(1) to raise 
the per capita indicator and the minimum threshold. As is detailed in 
the proposed rule, the current per capita indicator and minimum 
threshold do not provide an accurate measure of States' capabilities to 
respond to disasters.\7\ FEMA does not propose to substantively revise 
the localized impacts factor because it is already sufficiently 
flexible to address the requirements of section 1232 of the DRRA. FEMA 
also does not propose any revisions to the recent multiple disasters 
factor, but requests comment on whether the 12-month time limit 
currently in place is sufficient to address this factor as required by 
the DRRA.
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    \7\ See 85 FR 80719.
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    DRRA further provided that FEMA shall engage in meaningful 
consultation with relevant representatives of State regional, local, 
and Indian tribal government stakeholders.\8\ FEMA's public meeting 
will solicit feedback on the proposed rule from these stakeholders in 
fulfillment of this requirement. FEMA welcomes input, both at the 
meeting and in written comments submitted separately, on considerations 
of local economic factors such as the local assessable tax base; the 
local sales tax; the median income and poverty rate of the local 
affected area as it compares to that of the State and the economic 
health of the State, including such factors as the State unemployment 
rate compared to the national rate; and how such factors can be used to 
evaluate whether the affected State and local governments have been 
overwhelmed.\9\
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    \8\ Id.
    \9\ See Explanatory Statement for H.R.133, Consolidated 
Appropriations Act, 2021, 166 Cong. Rec. H8479 (daily ed. Dec. 21, 
2020).
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    FEMA will carefully consider all relevant comments received during 
the meeting, and during the rest of the comment period for the proposed 
rule, which now runs through March 12, 2021, before issuing a final 
rule. All verbal comments or remarks provided on the proposed rule 
during the meeting will be recorded and posted to the rulemaking docket 
on https://www.regulations.gov.

MaryAnn Tierney,
Acting Deputy Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-02459 Filed 2-4-21; 8:45 am]
BILLING CODE 9111-23-P


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