Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 8335 

1 85 FR 80719. 

2Public 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. 

6See 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/presidentialactions/2021/01/20/regulatory-freeze-pendingreview/ (last visited Jan. 22, 2021). 

7See 85 FR 80719. 

8 Id. 

9See Explanatory Statement for H.R.133, 

Consolidated Appropriations Act, 2021, 166 Cong. 

Rec. H8479 (daily ed. Dec. 21, 2020). 

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 FEMA-PA-PolicyQuestions@fema.dhs.gov 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

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. 

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. 

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

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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 54 

[GN Docket No. 20–32; Report No. 3165; 

FRS 17451] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petitions for Reconsideration; 

correction. 

SUMMARY: This document corrects a date 

that appeared in the Federal Register on 

January 22, 2021. That Federal Register 

document, which invited comment on 

the Petitions for Reconsideration 

(Petitions) filed in the Commission’s 

rulemaking proceeding, incorrectly 

listed the date by which replies to an 

opposition to the Petitions must be filed 

as February 16, 2021, rather than 

February 18, 2021. 

DATES: Effective on February 5, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Barrish, Office of Economics and 

Analytics, Auctions Division, (202) 418– 

0660, or Valerie.Barrish@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document corrects the date by which by 

which replies to an opposition to the 

Petitions for Reconsideration (Petitions) 

filed in the Commission’s rulemaking 

proceeding must be filed, published at 

86 FR 6611 on January 22, 2021, which 

incorrectly listed that date as February 

16, 2021, rather than February 18, 2021. 

In FR Doc. 2021–00464 appearing on 

page 6611 in the Federal Register of 

Friday, January 22, 2021, the following 

corrections are made: 

1. On page 6611, in the second 

column, in the DATES section, the 

statement ‘‘Replies to an opposition 

must be filed on or before February 16, 

2021’’ is corrected to read ‘‘Replies to an 

opposition must be filed on or before 

February 18, 2021.’’ 


jbell on DSKJLSW7X2PROD with PROPOSALS
8336 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–02437 Filed 2–4–21; 8:45 am] 

BILLING CODE 6712–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1180 

[Docket No. EP 282 (Sub-No. 21)] 

Petition for Rulemaking—Railroad 

Consolidation Procedures—Exemption 

for Emergency Temporary Trackage 

Rights 

AGENCY: Surface Transportation Board. 

ACTION: Petition for rulemaking. 

SUMMARY: The Board institutes a 

rulemaking proceeding to consider a 

proposal by the Association of 

American Railroads to establish a new 

emergency temporary trackage rights 

class exemption. 

DATES: Published in the Federal 

Register on February 5, 2021. The Board 

will provide an opportunity for 

additional public participation in a 

subsequent decision. 

ADDRESSES: Comments and replies may 

be filed with the Board via e-filing on 

the Board’s website at www.stb.gov and 

will be posted to the Board’s website. 

FOR FURTHER INFORMATION CONTACT: 

Nathaniel Bawcombe at (202) 245–0376. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: On 

October 9, 2020, the Association of 

American Railroads (AAR) filed a 

petition requesting that the Board 

initiate a rulemaking proceeding to 

establish a new emergency temporary 

trackage rights class exemption that 

could be invoked in specific situations 

and would allow emergency temporary 

trackage rights to take effect 

immediately, without need to waive the 

30-day notice requirement under 49 

CFR 1180.4(g)(1). AAR argues that the 

current two-step approach for obtaining 

temporary trackage rights that take effect 

on less than 30 days’ notice is 

inefficient, and AAR asserts that its 

proposed class exemption would benefit 

shippers, railroads, and the Board by 

providing a streamlined and simple 

approach for obtaining temporary 

trackage rights in emergency situations, 

ensuring the continued flow of 

commerce without any decrease in 

regulatory oversight. (Pet. 1–4.) On 

November 4, 2020, Samuel J. Nasca, for 

and on behalf of SMART-Transportation 

Division-New York State Legislative 

Board (SMART/TD–NY), filed a reply in 

opposition to AAR’s petition. 

The Board concludes that it is 

appropriate to institute a rulemaking 

proceeding to consider AAR’s proposal. 

The Board will provide an opportunity 

for additional public participation in a 

subsequent decision. 

List of Subjects in 49 CFR 1180 

Administrative practice and 

procedure, Railroads, Reporting and 

recordkeeping requirements. 

It is ordered: 

1. AAR’s request to initiate a 

rulemaking proceeding is granted, as 

discussed above. 

2. Notice of this decision will be 

published in the Federal Register. 

3. This decision is effective on its 

service date. 

Decided: February 1, 2021. 

By the Board, Board Members Begeman, 

Fuchs, Oberman, Primus, and Schultz. 

Kenyatta Clay, 

Clearance Clerk. 

[FR Doc. 2021–02452 Filed 2–4–21; 8:45 am] 

BILLING CODE 4915–01–P 


jbell on DSKJLSW7X2PROD with PROPOSALS