62540 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Proposed Rules

Penalties, Reporting and recordkeeping

requirements.

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 301 is

proposed to be amended as follows:

PART 301—PROCEDURE AND

ADMINISTRATION

Paragraph 1. The authority citation

for part 301 is amended by adding

entries in numerical order to read as

follows:

Authority: 26 U.S.C. 7805 * * *

Section 301.6109–1 also issued under

26 U.S.C. 6109;

Section 301.6109–3 also issued under

26 U.S.C. 6109; * * *

Par. 2. Section 301.6109–1 is amended by

revising paragraphs (a)(1)(i), (a)(1)(ii)

introductory text, (a)(1)(ii)(A), and

(a)(1)(ii)(B) to read as follows:

§ 301.6109–1 Identifying numbers.

(a) * * * (1) Taxpayer identifying

numbers—(i) [The text of proposed

paragraph (a)(1)(i) is the same as the text

of § 301.6109–1T(a)(1)(i) published

elsewhere in this issue of the Federal

Register].

(ii) [The text of proposed paragraph

(a)(1)(ii) introductory text is the same as

the text of § 301.6109–1T(a)(1)(ii)

introductory text published elsewhere

in this issue of the Federal Register].

(A) and (B) [The text of proposed

paragraphs (a)(1)(ii)(A) and (B) are the

same as the text of § 301.6109–

1T(a)(1)(ii)(A) and (B) published

elsewhere in this issue of the Federal

Register].

* * * * *

Par. 3. Section 301.6109–3 is added to

read as follows:

§ 301.6109–3 IRS adoption taxpayer

identification numbers.

[The text of this proposed section is

the same as the text of § 301.6109–3T

published elsewhere in this issue of the

Federal Register].

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

[FR Doc. 97–30549 Filed 11–21–97; 8:45 am]

BILLING CODE 4830–01–P

POSTAL SERVICE

39 CFR Part 111

Delivery of Mail to a Commercial Mail

Receiving Agency

AGENCY: Postal Service.

ACTION: Notice of proposed rule;

extension of comment period.

SUMMARY: The Postal Service published

in the Federal Register (62 FR 45366–

45368) on August 27, 1997, a proposal

to amend section D042.2.5 through

D042.2.7 of the Domestic Mail Manual

to update and clarify procedures for

delivery of an addressee’s mail to a

Commercial Mail Receiving Agency

(CMRA). The proposal provides

procedures for registration to act as a

CMRA; an addressee to request mail

delivery to a CMRA; and in delivery of

the mail to a CMRA. The Postal Service

requested comments by September 26,

1997. Due to several requests received

for additional time, the Postal Service is

extending the comment period to

December 24, 1997.

DATES: Comments on the proposed rule

change must be received on or before

December 24, 1997.

ADDRESSES: Written comments should

be mailed to Manager, Delivery,

Operations Support, U.S. Postal Service,

475 L’Enfant Plaza SW Room 7142,

Washington, DC 20260–2802. Copies of

all written comments will be available

for inspection and photocopying

between 9:00 a.m. and 4:00 p.m.,

Monday through Friday, at the above

address.

FOR FURTHER INFORMATION CONTACT: Roy

E. Gamble, (202) 268–3197.

SUPPLEMENTARY INFORMATION:

Representatives of the CMRA industry

interested in the proposed update and

clarification of procedures for delivery

of an addressee’s mail to a CMRA, has

requested an extension of time to file

comments regarding the proposed rules

published on August 27, 1997. Central

to this request is an asserted oversight

by the industry organizations and

CMRA operators of the Federal Register

publication of August 27. The Postal

Service believes that the public interest

will be served by the fullest practicable

exposition of facts concerning this issue

and accordingly extends the time for

comments until December 24, 1997.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–30828 Filed 11–21–97; 8:45 am]

BILLING CODE 7710–12–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067–AC67

Disaster Assistance; Public Assistance

Program Appeals; Hazard Mitigation

Grant Program Appeals

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: This proposed rule would

change the procedure for the review and

disposition of appeals related to Public

Assistance grants and the Hazard

Mitigation Grant Program (HMGP). The

rule would reduce from three to one the

number of appeals allowed, would

reduce delays in final resolution of

appeals, and would make new

provisions for reimbursing

administrative costs for preparing and

processing appeals.

DATES: We invite your comments on this

proposed rule, which may be submitted

on or before January 23, 1998.

ADDRESSES: Please send any comments

to the Rules Docket Clerk, Office of the

General Counsel, Federal Emergency

Management Agency, 500 C Street SW.,

room 840, Washington, DC 20472,

(facsimile) (202) 646–4536.

FOR FURTHER INFORMATION CONTACT:

Regarding HMGP appeals, Robert F.

Shea, Mitigation Directorate, Federal

Emergency Management Agency, 500 C

Street, SW., Washington, DC 20472,

(202) 646–3619, (facsimile) (202) 646–

3104; regarding Public Assistance

appeals, Melissa M. Howard, Response

and Recovery Directorate, Federal

Emergency Management Agency, 500 C

Street, SW., Washington, DC 20472,

(202) 646–3053, facsimile (202) 646–

3304.

SUPPLEMENTARY INFORMATION: Under

section 423 of the Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (Stafford Act), 42 U.S.C.

5189a, any decision regarding eligibility

or amount of assistance may be

appealed. Currently FEMA allows three

appeal levels, respectively, to the

Regional Director, the Associate

Director, and to the Director.

This proposed rule would reduce

from three to one the number of appeals

allowed to be taken by an applicant. The

authority for appeal decisions will rest

with the Regional Director, who will

consult with FEMA Headquarters on all

potential appeal denials when the

amount in question is $1,000,000 or

more in Federal funds.

This proposed change would support

FEMA policy that the Regional Director

is responsible for final decisions on all

Public Assistance and HMGP funding.

The Regional Director’s appeal

determination would be the Agency’s

final position on the matter.

The intent of this change is to reduce

the significant amount of time and

associated costs incurred by FEMA,

grantees, and subgrantees to resolve

appeal issues. Given the timeframes

allowed, the current process can take up
Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Proposed Rules 62541

to two years to make a final decision by

the Director of the Agency. This

proposed change would provide

applicants with a final resolution sooner

than previously. All provisions for fair

and impartial consideration required by

the Stafford Act would be maintained.

The rule would be effective for all

appeals made on or after the effective

date of the rule. Appeals pending from

a decision of a Regional Director or an

Associate Director/ Executive Associate

Director before the effective date of the

rule may be appealed to the next higher

appeal level in accordance with

§ § 202.206 and 206.440 as they existed

before the effective date of this rule. The

decision of the FEMA official at the next

higher appeal level would be final. For

example, if a Regional Director had not

+made a decision on an appeal pending

before the effective date of the rule the

appeal would be decided in accordance

with the new rule, and the decision of

the Regional Director would be final. If

a Regional Director had made a decision

before the effective date of the rule, the

decision could be appealed to the

Associate Director or Executive

Associate Director, whose decision

would be final. If the appeal had been

decided at the Associate Director level,

the decision could be appealed to the

Director, whose decision would be final.

The proposed rule also provides that

grantees and subgrantees would be

responsible for separately tracking and

accounting for all costs associated with

preparing and processing appeals.

FEMA would reimburse grantees’ and

subgrantees’ administrative costs for

preparing and processing appeals only

when an appeal is decided in favor of

the applicant. This change is proposed

in the interest of responsible use of tax

dollars, and in the face of an increasing

number of appeals that have been

identified as frivolous or without merit.

This proposed rule supersedes the

proposed Public Assistance appeal

procedure published on October 24,

1996, 61 FR 55122–55123.

National Environmental Policy Act

This proposed rule is categorically

excluded from the preparation of

environmental impact statements and

environmental assessments as an

administrative action in support of

normal day-to-day grant activities. No

environmental impact statement or

environmental assessment has been

prepared.

Executive Order 12866, Regulatory

Planning and Review

This proposed rule is not a significant

regulatory action within the meaning of

§ 2(f) of E.O. 12866 of September 30,

1993, 58 FR 51735, but attempts to

adhere to the regulatory principles set

forth in E.O. 12866. The rule has not

been reviewed by the Office of

Management and Budget under E.O.

12866.

Paperwork Reduction Act

This proposed rule does not involve

any collection of information for the

purposes of the Paperwork Reduction

Act.

Regulatory Flexibility Act

The Director certifies that this

proposed rule will not, if promulgated,

have a significant economic impact on

a substantial number of small entities.

The rule would reduce the number of

appeals that an entity might make and

is expected to reduce administrative

burden and compliance requirements

associated with appeals. A regulatory

flexibility analysis has not been

prepared.

Executive Order 12612, Federalism

This proposed rule involves no

policies that have federalism

implications under E.O. 12612,

Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This proposed rule complies with

applicable standards of § 2(b)(2) of E.O.

12778.

List of Subjects in 44 CFR Part 206

Administrative practice and

procedure, Disaster assistance.

Accordingly, 44 CFR part 206 is

proposed to be amended as follows:

1. The authority citation for part 206

continues to read as follows:

Authority: The Robert T. Stafford Disaster

Relief and Emergency Assistance Act, 42

U.S.C. 5121 et seq.; Reorganization Plan No.

3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,

p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979

Comp., p.376; E.O. 12148, 44 FR 43239, 3

CFR, 1979 Comp., p. 412; and E.O. 12673, 54

FR 12571, 3 CFR, 1989 Comp., p. 214.

2. Section 206.206 is revised to read

as follows:

§ 206.206 Appeals.

An eligible applicant, subgrantee, or

grantee may appeal any determination

previously made related to an

application for or the provision of

Federal assistance according to the

following procedures.

(a) Format and Content. The applicant

or subgrantee will make the appeal to

the Regional Director, in writing,

through the grantee. The grantee shall

review and evaluate all subgrantee

appeals before submission to the

Regional Director. The grantee may

make grantee-related appeals to the

Regional Director. The appeal shall

contain documented justification

supporting the appellant’s position,

specifying the monetary figure in

dispute and the provisions in Federal

law, regulation, or policy with which

the appellant believes the initial action

was inconsistent.

(b) Levels of Appeal. The Regional

Director is the deciding official on all

appeals. The Regional Director will

consult with FEMA Headquarters

during the review of all potential appeal

denials when the amount in question is

$1,000,000 or more in Federal funds.

(c) Time Limits. (1) Appellants must

make appeals within 60 days after

receipt of a notice of the action that is

being appealed.

(2) The grantee will review and

forward appeals from an applicant or

subgrantee, with a written

recommendation, to the Regional

Director within 60 days of receipt.

(3) Within 90 days following receipt

of an appeal, the Regional Director will

notify the grantee in writing as to the

disposition of the appeal or of the need

for additional information. A request by

the Regional Director for additional

information will include a date by

which the information must be

provided. Within 90 days following the

receipt of requested additional

information or the expiration of the

period for providing the information,

the Regional Director will notify the

grantee in writing of the disposition of

the appeal. If the decision is to grant the

appeal, the Regional Director will take

appropriate implementing action.

(d) Technical Advice. In appeals

involving highly technical issues, the

Regional Director may, at his or her

discretion, submit the appeal to an

independent scientific or technical

person or group having expertise in the

subject matter of the appeal for advice

or recommendation. The period for this

technical review may be in addition to

other allotted time periods. Within 90

days of receipt of the report, the

Regional Director will notify the grantee

in writing of the disposition of the

appeal.

(e) Administrative costs of appeal.

Grantees and subgrantees must track

and account for all costs associated with

preparing and processing appeals.

FEMA will not reimburse grantees’ and

subgrantees’ administrative costs for

preparing and processing appeals that

are not decided in favor of the

applicant.

(f) Transition. (1) This rule is effective

for all appeals filed on or after [30 days
62542 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Proposed Rules

after date of publication of final rule in

the Federal Register].

(2) Appeals pending from a decision

of a Regional Director or an Associate

Director/Executive Associate Director

before [the effective date of the final

rule] may be appealed to the next higher

appeal level in accordance with 44 CFR

206.206 as it existed before [the effective

date of the final rule]. The decision of

the FEMA official at the next higher

appeal level shall be final.

3. Section 206.440 is revised to read

as follows:

§ 206.440 Appeals.

An eligible applicant, subgrantee, or

grantee may appeal any determination

previously made related to an

application for or the provision of

Federal assistance according to the

following procedures.

(a) Format and Content. The applicant

or subgrantee will make the appeal to

the Regional Director, in writing,

through the grantee. The grantee shall

review and evaluate all subgrantee

appeals before submission to the

Regional Director. The grantee may

make grantee-related appeals to the

Regional Director. The appeal shall

contain documented justification

supporting the appellant’s position,

specifying the monetary figure in

dispute and the provisions in Federal

law, regulation, or policy with which

the appellant believes the initial action

was inconsistent.

(b) Levels of Appeal. The Regional

Director is the deciding official on all

appeals. The Regional Director will

consult with FEMA Headquarters

during the review of all potential appeal

denials when the amount in question is

$1,000,000 or more in Federal funds.

(c) Time Limits. (1) Appellants must

make appeals within 60 days after

receipt of a notice of the action that is

being appealed.

(2) The grantee will review and

forward appeals from an applicant or

subgrantee, with a written

recommendation, to the Regional

Director within 60 days of receipt.

(3) Within 90 days following receipt

of an appeal, the Regional Director will

notify the grantee in writing as to the

disposition of the appeal or of the need

for additional information. A request by

the Regional Director for additional

information will include a date by

which the information must be

provided. Within 90 days following the

receipt of requested additional

information or the expiration of the

period for providing the information,

the Regional Director will notify the

grantee in writing of the disposition of

the appeal. If the decision is to grant the

appeal, the Regional Director will take

appropriate implementing action.

(d) Technical Advice. In appeals

involving highly technical issues, the

Regional Director may, at his or her

discretion, submit the appeal to an

independent scientific or technical

person or group having expertise in the

subject matter of the appeal for advice

or recommendation. The period for this

technical review may be in addition to

other allotted time periods. Within 90

days of receipt of the report, the

Regional Director will notify the grantee

in writing of the disposition of the

appeal.

(e) Administrative costs of appeal.

Grantees and subgrantees must track

and account for all costs associated with

preparing and processing appeals.

FEMA will not reimburse grantees’ and

subgrantees’ administrative costs for

preparing and processing appeals that

are not decided in favor of the

applicant.

(f) Transition. (1) This rule is effective

for all appeals filed on or after [30 days

after date of publication of final rule in

the Federal Register].

(2) Appeals pending from a decision

of a Regional Director or an Associate

Director/Executive Associate Director

before [the effective date of the final

rule] may be appealed to the next higher

appeal level in accordance with 44 CFR

206.440 as it existed before [the effective

date of the final rule]. The decision of

the FEMA official at the next higher

appeal level shall be final.

Dated: November 17, 1997.

James L. Witt,

Director.

[FR Doc. 97–30808 Filed 11–21–97; 8:45 am]

BILLING CODE 6718–02–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067–AC68

Disaster Assistance; Fire Suppression

Assistance

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: This proposed rule would

simplify the fire eligibility process from

three thresholds to one threshold and

would change the Federal cost share to

75 percent for fire suppression

assistance.

DATES: We invite comments on this

proposed rule and will accept

comments until January 23, 1998.

ADDRESSES: Send written comments to

the Rules Docket Clerk, Office of the

General Counsel, Federal Emergency

Management Agency, 500 C Street SW.,

Washington, DC 20472, (facsimile) 202–

646–4536.

FOR FURTHER INFORMATION CONTACT:

Curtis Carleton, Chief, Community

Services Branch, Federal Emergency

Management Agency, 500 C Street SW.,

room 713, Washington, DC 20472, 202–

646–4535.

SUPPLEMENTARY INFORMATION: As

defined in section 420 of the Stafford

Act, FEMA may provide Federal

assistance to any State for fire

suppression on publicly or privately

owned forest or grassland if the

Governor determines that the fire

suppression assistance is warranted.

Currently, fire suppression assistance is

(1) based on a three-tiered funding

system and (2) funded with the cost

share for at least 70 percent of eligible

costs in excess of the floor cost. This

amendment is intended (1) to eliminate

the three-tiered funding system and (2)

to adjust the minimum Federal cost

share for eligible costs to not less than

75 percent.

In 1970, the cost share structure was

established with the assistance of the

United States Department of Agriculture

(Forest Service) and the United States

Department of Interior. The structure

was created before the existence of a

cost share structure for any other

Federal disaster assistance program. As

with other disaster assistance programs,

it attempted to ensure that Federal

assistance supplemented State and local

governmental resources and

complemented other Federal and State

fire programs.

Federal assistance under the current

fire suppression grant is based on a

three-tiered threshold system, as

follows:

Three Tiered FEMA Reimbursement

Approach

(1) State pays 100 percent of costs

until single declared fire cost equals

floor cost, and then FEMA pays 70

percent of costs in excess of floor cost

for that fire and all subsequent, declared

fires.

(2) If State’s expenses for all fires,

declared or not, exceed average State

fiscal year costs, FEMA pays 70 percent

of all costs for declared fires (no

deduction for floor cost).

(3) If State’s expenses for all fires,

declared or not, exceed twice the

average fiscal year costs, FEMA pays

100 percent of all costs for declared

fires.

This proposed rule would simplify

the three-tiered process, replacing it