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
Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Proposed Rules 62543

with a single threshold process. The

single threshold will allow Federal

funding to be available when the cost of

a single declared event exceeds the

State’s annual floor cost; the State costs

greater than the floor cost will be

available for funding at not less than 75

percent. Any federal fire declarations for

the remainder of that calendar year will

receive funding at not less than 75

percent of the costs.

This amendment would not change

any provisions (e.g., eligibility,

application, administrative planning,

payment of claims, or appeals) in the

Stafford Act nor in the fire suppression

assistance regulations at 44 CFR part

206, subpart L.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

This rule is not a major rule under

Executive Order 12291, Federal

Regulation, February 17, 1981. No

regulatory impact analysis has been

prepared.

Paperwork Reduction Act

This rule does not involve any

collection of information for the

purposes of the Paperwork Reduction

Act.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 206

Disaster assistance.

Accordingly, 44 CFR Part 206 is

proposed to be amended as follows:

PART 206—[AMENDED]

1. The authority citation for part 206

is revised 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. Part 206, Subpart L, Fire

Suppression Assistance, is proposed to

be amended by adding § 206.396 to read

as follows:

§ 206.396 Federal grant assistance.

(a) General. This section describes the

extent of Federal funding available

under the State fire suppression grants

as well as limitations and special

procedures applicable to each.

(b) Limitations of Federal

expenditures. Federal funding will be

available when the annual floor cost is

surpassed during a single federal

declared event. The amount of expense

greater than the floor cost will be cost

shared as stated in the FEMA-State

Agreement. Any Federal declared event

for the remainder of that calendar year

will be eligible for funding. The floor

cost will be established at the beginning

of each calendar year in joint

consultation between the State and the

United States Department of Agriculture

(Forest Service).

(c) Cost sharing. All fire suppression

costs approved under the State’s grant

will be subject to the cost sharing

provisions established in the FEMAState Agreement. FEMA will contribute

not less than 75 percent of the costs

approved for funding under the Fire

Suppression Grant Program for disasters

declared on or after [insert effective date

of final rule]. FEMA will contribute at

least 70 percent of the costs for funding

for disasters declared before [insert

effective date of final rule].

Dated: November 18, 1997.

James L. Witt,

Director.

[FR Doc. 97–30809 Filed 11–21–97; 8:45 am]

BILLING CODE 6718–02–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 192 and 195

[Docket No. PS–94; Notice 8]

RIN 2137–AB38

Qualification of Pipeline Personnel

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of public meeting.

SUMMARY: This document announces the

next meeting of the RSPA Negotiated

Rulemaking Committee. This committee

is conducting a negotiated rulemaking

to develop a proposed rule on

qualification of pipeline employees

performing certain safety-related

functions on pipelines subject to the

pipeline safety regulations. The

advisory committee is composed of

persons who represent the interests that

would be affected by the rule, such as

gas pipeline operators, hazardous liquid

pipeline operators, representatives of

state and federal governments, labor

organizations, and other interested

parties.

DATES: The Committee will meet from

9:00 am to 5:00 pm on December 3–5,

1997.

ADDRESSES: The Committee will meet at

the William P. Clements Building, 300

West 15th Street, Austin, TX 78701.

FOR FURTHER INFORMATION CONTACT:

Eben M. Wyman, (202) 366–0918, or by

e-mail (eben.wyman@rspa.dot.gov)

regarding the subject matter of this

Notice; or the Dockets Unit, (202) 366–

4453, for copies of this document or

other material in the docket.

Issued in Washington, DC on November 19,

1997.

G. Tom Fortner,

Director for Compliance and State Programs.

[FR Doc. 97–30790 Filed 11–21–97; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 971112268–7268–01; I.D.

102997E]

Fisheries of the Northeastern United

States; Proposed 1998 Fishing Quotas

for Atlantic Surf Clams and Ocean

Quahogs

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed fishing quotas for the

1998 Atlantic surf clam and ocean

quahog fisheries; request for comments.

SUMMARY: NMFS proposes quotas for the

Atlantic surf clam and ocean quahog

fisheries for 1998. These quotas were

selected from a range defined as

optimum yield (OY) for each fishery and

in compliance with overfishing

definitions for each species. The intent

of this action is to establish allowable

harvests of surf clams and ocean

quahogs from the exclusive economic

zone in 1998.

DATES: Public comments must be

received on or before December 24,

1997.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s analysis