44238 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 29, 2018. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: August 23, 2018. 

Anne Idsal, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart LL—Oklahoma 

■ 2. In § 52.1920(c), the table titled 

‘‘EPA Approved Oklahoma Regulations’’ 

is amended by revising the entries for 

Sections 252:100–2–3; 252:100–5–2; 

252:100–5–2.1; 252:100–5–3; and 

252:100, Appendix Q to read as follows: 

§ 52.1920 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED OKLAHOMA REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

*******

252:100–2–3 ............... Incorporation by reference ........... 9/15/2016 8/30/2018, [Insert Federal Register citation].

*******

252:100–5–2 ............... Registration of potential sources 

of air contaminants.

9/12/2014 8/30/2018, [Insert Federal Register citation].

252:100–5–2.1 ............ Emission inventory ....................... 9/15/2016 8/30/2018, [Insert Federal Register citation].

*******

252:100–5–3 ............... Confidentiality of proprietary information.9/12/2014 8/30/2018, [Insert Federal Register citation].

*******

252:100, Appendix Q .. Incorporation by reference ........... 9/15/2016 8/30/2018, [Insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2018–18657 Filed 8–29–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID: FEMA–2018–0015] 

RIN 1660–AA94 

Removal of Dispute Resolution Pilot 

Program for Public Assistance 

Appeals 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

removing its regulations regarding its 

Dispute Resolution Pilot Program 

(DRPP) for the Public Assistance 

Program. The statutory authority for the 

DRPP sunset on December 31, 2015. 

DATES: This rule is effective August 30, 

2018. 

ADDRESSES: The docket for this 

rulemaking is available for inspection 

using the Federal eRulemaking Portal at 

http://www.regulations.gov and can be 

viewed by following that website’s 

instructions. 

FOR FURTHER INFORMATION CONTACT: Liza 

Davis, Associate Chief Counsel, 

Regulatory Affairs, Office of Chief 

Counsel, Federal Emergency 

Management Agency, 500 C Street SW, 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44239 

Washington, DC 20472, 202–646–4046, 

or (email) liza.davis@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: Section 

1105 of the Sandy Recovery 

Improvement Act of 2013 (SRIA), Public 

Law 113–2, 127 Stat. 43 (Jan. 29, 2013), 

42 U.S.C. 5189a note, directed FEMA to 

establish a Dispute Resolution Pilot 

Program (DRPP). The DRPP allowed 

applicants to choose arbitration by an 

independent review panel in lieu of a 

second appeal to resolve disputes 

relating to Public Assistance projects. 

FEMA published a final rule on August 

16, 2013 (78 FR 49950) to establish the 

DRPP. The regulation is located at 44 

CFR 206.210. 

Under section 1105 of SRIA, the 

authority to accept requests for 

arbitration pursuant to the DRPP sunset 

on December 31, 2015. FEMA did not 

receive any requests for arbitration 

under the DRPP. As the authority for the 

DRPP has sunset, FEMA is now 

removing the regulations from the CFR. 

Regulatory Analysis 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA) generally requires agencies to 

publish a notice of proposed rulemaking 

in the Federal Register and provide 

interested persons the opportunity to 

submit comments. See 5 U.S.C. 553(b) 

and (c). The APA provides an exception 

to this requirement for rules of agency 

organization, procedure, or practice. 5 

U.S.C. 553(b)(A). The final rule that 

established 44 CFR 206.210 was a rule 

of agency organization, procedure, or 

practice, and was promulgated without 

notice and comment rulemaking. This 

removal of that rule is also a rule of 

agency organization, procedure, or 

practice. Removing these regulations is 

consistent with FEMA’s current 

statutory authority and does not affect 

the substantive rights or interests of the 

public. 

The APA also provides an exception 

from notice and comment procedures 

when an agency finds for good cause 

that those procedures are impracticable, 

unnecessary, or contrary to the public 

interest. 5 U.S.C. 553(b)(B). FEMA finds 

good cause to issue this rule without 

prior notice or comment, as such 

procedures are unnecessary. The 

removal of these regulations would have 

no substantive effect on the public 

because the statutory authority for the 

DRPP has sunset. 

The APA generally requires that 

substantive rules incorporate a 30-day 

delayed effective date. 5 U.S.C. 553(d). 

This rule, however, is merely 

procedural and does not impose 

substantive requirements; thus, FEMA 

finds that a delayed effective date is 

unnecessary. 

Executive Orders 12866, 13563, and 

13771 

Executive Orders 12866 (‘‘Regulatory 

Planning and Review’’) and 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’) directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (April 5, 2017). 

SRIA included a sunset provision of 

December 31, 2015 for the DRPP. 

Accordingly, the program is 

discontinued and there are no costs or 

cost savings associated with removing 

the regulations regarding the DRPP. This 

rule’s benefits include a more 

streamlined CFR that reflects current 

program options. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612), and section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

Public Law 104–121, 110 Stat. 847, 858– 

9 (Mar. 29, 1996) (5 U.S.C. 601 note) 

require that special consideration be 

given to the effects of regulations on 

small entities. The RFA applies only 

when an agency is ‘‘required by section 

553 . . . to publish general notice of 

proposed rulemaking for any proposed 

rule.’’ 5 U.S.C. 603(a). An RFA analysis 

is not required for this rulemaking 

because FEMA is not required to 

publish a notice of proposed 

rulemaking. 

Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 658, 1501–1504, 1531– 

1536, 1571, pertains to any rulemaking 

which is likely to result in the 

promulgation of any rule that includes 

a Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million (adjusted 

annually for inflation) or more in any 

one year. If the rulemaking includes a 

Federal mandate, the Act requires an 

agency to prepare an assessment of the 

anticipated costs and benefits of the 

Federal mandate. The Act also pertains 

to any regulatory requirements that 

might significantly or uniquely affect 

small governments. Before establishing 

any such requirements, an agency must 

develop a plan allowing for input from 

the affected governments regarding the 

requirements. 

FEMA has determined that this 

rulemaking will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, nor by 

the private sector, of $100,000,000 or 

more in any one year as a result of a 

Federal mandate, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Paperwork Reduction Act of 1995 

As required by the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13, 109 Stat. 163, (May 22, 

1995) (44 U.S.C. 3501 et seq.), FEMA 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number. 

Due to this final rule, FEMA will 

remove FEMA Form 055–0–0–1, 

Request for Arbitration and 

Recommendation resulting from Dispute 

Resolution Pilot Program from 

information collection, OMB Control 

Number 1660–0017, Public Assistance 

Program. Since the program is 

discontinued, the form is no longer 

required, and FEMA is removing the 

associated hour burden estimates which 

equal 60 hours. Thus, the total hour 

burden for this collection is being 

reduced from 425,736 to 425,676. 

Collection of Information 

Title: Public Assistance Program. 

OMB Number: 1660–0017. 


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44240 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

FEMA Forms: FEMA Form 009–0–49 

Request for Public Assistance; FEMA 

Form 009–0–91 Project Worksheet (PW); 

FEMA Form 009–0–91A Project 

Worksheet (PW)—Damage Description 

and Scope of Work Continuation Sheet; 

FEMA Form 009–0–91B Project 

Worksheet (PW)—Cost Estimate 

Continuation Sheet; FEMA Form 009– 

0–91C Project Worksheet (PW)—Maps 

and Sketches Sheet; FEMA Form 009– 

0–91D Project Worksheet (PW)—Photo 

Sheet; FEMA Form 009–0–120 Special 

Considerations Questions; FEMA Form 

009–0–121 PNP Facility Questionnaire; 

FEMA Form 009–0–123 Force Account 

Labor Summary Record; FEMA Form 

009–0–124 Materials Summary Record; 

FEMA Form 009–0–125 Rented 

Equipment Summary Record; FEMA 

Form 009–0–126 Contract Work 

Summary Record; FEMA Form 009–0– 

127 Force Account Equipment 

Summary Record; FEMA Form 009–0– 

128 Applicant’s Benefits Calculation 

Worksheet; and FEMA Form 009–0–111, 

Quarterly Progress Reports. 

Abstract: The information collected is 

utilized by FEMA to make 

determinations for Public Assistance 

grants based on the information 

supplied by the respondents. 

Affected Public: State, Local or Tribal 

government. 

Estimated Number of Respondents: 

1012. 

Estimated Number of Responses: 

398,068. 

Estimated Total Annual Burden 

Hours: 425,676. 

Estimated Total Annual Respondent 

Cost: The estimated annual cost to 

respondents for the hour burden is 

$26,306,779. 

Estimated Respondents’ Operation 

and Maintenance Costs: None. 

Estimated Respondents’ Capital and 

Start-Up Costs: None. 

Estimated Total Annual Cost to the 

Federal Government: $805,311.96. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments,’’ 65 FR 67249, November 

9, 2000, applies to agency regulations 

that have Tribal implications, that is, 

regulations that have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. Under 

this Executive Order, to the extent 

practicable and permitted by law, no 

agency shall promulgate any regulation 

that has Tribal implications, that 

imposes substantial direct compliance 

costs on Indian Tribal governments, and 

that is not required by statute, unless 

funds necessary to pay the direct costs 

incurred by the Indian Tribal 

government or the Tribe in complying 

with the regulation are provided by the 

Federal Government, or the agency 

consults with Tribal officials. 

FEMA is removing the DRPP 

regulations, whose legislative authority 

has sunset. The removal of these 

regulations will have no substantive 

effect on the public since the statutory 

authority for the program has sunset and 

will not affect the substantive rights or 

interests of Indian Tribal governments. 

Executive Order 13132, Federalism 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255, August 10, 1999, sets forth 

principles and criteria that agencies 

must adhere to in formulating and 

implementing policies that have 

federalism implications, that is, 

regulations that have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Federal 

agencies must closely examine the 

statutory authority supporting any 

action that would limit the 

policymaking discretion of the States, 

and to the extent practicable, must 

consult with State and local officials 

before implementing any such action. 

FEMA has determined that this 

rulemaking does not have a substantial 

direct effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and therefore does 

not have federalism implications as 

defined by the Executive Order. 

National Environmental Policy Act of 

1969 (NEPA) 

Under the National Environmental 

Policy Act of 1969 (NEPA), as amended, 

42 U.S.C. 4321 et seq., an agency must 

prepare an environmental assessment or 

environmental impact statement for any 

rulemaking that significantly affects the 

quality of the human environment. 

FEMA has determined that this 

rulemaking does not significantly affect 

the quality of the human environment 

and consequently has not prepared an 

environmental assessment or 

environmental impact statement. 

Rulemaking is a major Federal action 

subject to NEPA. Categorical exclusion 

A3 included in the list of exclusion 

categories at Department of Homeland 

Security Instruction Manual 023–01– 

001–01, Revision 01, Implementation of 

the National Environmental Policy Act, 

Appendix A, issued November 6, 2014, 

covers the promulgation of rules, 

issuance of rulings or interpretations, 

and the development and publication of 

policies, orders, directives, notices, 

procedures, manuals, and advisory 

circulars if they meet certain criteria 

provided in A3(a–f). This rule meets 

Categorical Exclusion A3(a), which 

covers rules of a strictly administrative 

or procedural nature. 

Congressional Review of Agency 

Rulemaking 

Under the Congressional Review of 

Agency Rulemaking Act (CRA), 5 U.S.C. 

801–808, before a rule can take effect, 

the Federal agency promulgating the 

rule must submit to Congress and to the 

Government Accountability Office 

(GAO) a copy of the rule; a concise 

general statement relating to the rule, 

including whether it is a major rule; the 

proposed effective date of the rule; a 

copy of any cost-benefit analysis; 

descriptions of the agency’s actions 

under the Regulatory Flexibility Act and 

the Unfunded Mandates Reform Act; 

and any other information or statements 

required by relevant executive orders. 

FEMA has sent this final rule to the 

Congress and to GAO pursuant to the 

CRA. The rule is not a ‘‘major rule’’ 

within the meaning of the CRA. It will 

not have an annual effect on the 

economy of $100,000,000 or more; it 

will not result in a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and it will not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

List of Subjects in 44 CFR Part 206 

Administrative practice and 

procedure, Coastal zone, Community 

facilities, Disaster assistance, Fire 

prevention, Grant programs—housing 

and community development, Housing, 

Insurance, Intergovernmental relations, 

Loan programs—housing and 

community development, Natural 

resources, Penalties, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Federal Emergency 

Management Agency amends 44 CFR 

part 206 as set forth below: 


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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44241 

PART 206—FEDERAL DISASTER 

ASSISTANCE 

■ 1. The authority citation for part 206 

is revised to read as follows: 

Authority: Robert T. Stafford Disaster 

Relief and Emergency Assistance Act, 42 

U.S.C. 5121 through 5207; Homeland 

Security Act of 2002, 6 U.S.C. 101 et seq.; 

Department of Homeland Security Delegation 

9001.1. 

§ 206.210 [Removed and Reserved] 

■ 2. Remove § 206.210. 

Dated: August 23, 2018. 

Brock Long, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2018–18796 Filed 8–29–18; 8:45 am] 

BILLING CODE 9110–11–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90, WT Docket No. 10– 

208; FCC 18–124] 

Connect America Fund Universal 

Service Reform—Mobility Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action; extension of filing 

period; petitions for reconsideration. 

SUMMARY: This document addresses two 

applications for review regarding the 

procedures and parameters of the 

Mobility Fund II challenge process and 

grant in part and deny in part a related 

extension request. 

DATES: This Order is effective August 

30, 2018. The window for filing 

challenges to ineligible areas extended 

to November 26, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Wireless Telecommunications Bureau, 

Auctions and Spectrum Access 

Division, Audra Hale-Maddox, at (202) 

418–0660. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the final actions in the 

Federal Communications Commission 

(‘‘Commission’’) Order, Notice of 

Proposed Rulemaking and 

Memorandum Opinion and Order 

(Combined Order), FCC 18–124, 

adopted on August 14, 2018, and 

released on August 21, 2018. The 

complete text of this document is 

available for public inspection and 

copying from 8 a.m. to 4:30 p.m. Eastern 

Time (ET) Monday through Thursday or 

from 8 a.m. to 11:30 a.m. ET on Fridays 

in the FCC Reference Information 

Center, 445 12th Street SW, Room CY– 

A257, Washington, DC 20554. The 

complete text is also available on the 

Commission’s website at http://

wireless.fcc.gov, or by using the search 

function on the ECFS web page at 

http://www.fcc.gov/cgb/ecfs/. 

Alternative formats are available to 

persons with disabilities by sending an 

email to fcc504@fcc.gov or by calling the 

Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

I. Synposis 

On August 21, 2018, the Commission 

released an ‘‘Order, Notice of Proposed 

Rulemaking, and Memorandum Opinion 

and Order’’ (August 21 Order). The 

Commission separately published the 

proposed modifications to the speed test 

data specifications regarding the 

relevant timeframes for valid speed tests 

for the August 21 Order elsewhere in 

this issue of the Federal Register. In the 

August 21 Order, the Commission 

extended the previously announced 

deadline for the close of the Mobility 

Fund Phase II (MF–II) challenge 

window by an additional 90 days. 

Challengers were given until November 

26, 2018, to submit speed test data in 

support of a challenge. The Commission 

adopted this extension to ensure that 

interested parties can initiate and 

submit speed test data for areas they 

wish to challenge. In addition, given 

this extension, the Commission 

proposed to make modifications to the 

speed test data specifications regarding 

the relevant timeframes for valid speed 

tests. The Commission also addressed 

two applications for review regarding 

the procedures and parameters of the 

MF–II challenge process and granted in 

part and denied in part a related 

extension request. 

II. Order Extending the Challenge 

Window 

1. In February 2017, the Commission 

adopted rules to move forward on a 

reverse auction that will direct up to 

$4.53 billion of MF–II support over ten 

years to providers in geographic areas 

lacking unsubsidized 4G Long Term 

Evolution (LTE) services. The 

Commission also determined that it 

would compile a list of areas that were 

presumptively eligible for MF–II 

support and provide a limited 

timeframe before the auction during 

which interested parties could challenge 

areas that were not listed as 

presumptively eligible (i.e., 

‘‘presumptively ineligible’’ areas). In 

February 2018, the Rural Broadband 

Auctions Task Force, in conjunction 

with the Wireless Telecommunications 

Bureau and the Wireline Competition 

Bureau (the Bureaus), published a map 

of areas presumptively eligible for MF– 

II support based on a one-time 

collection by the Commission of 4G LTE 

coverage data and subsidy data from the 

Universal Service Administrative 

Company (USAC). 

2. The MF–II Challenge Process Order, 

82 FR 42473, September 8, 2017, 

established the framework for a robust 

challenge process that will refine the 

map of areas presumptively eligible to 

receive MF–II support. This challenge 

process is designed to efficiently resolve 

disputes about areas that are 

presumptively ineligible through the 

submission, analysis, and validation of 

mobile network speed test data. The 

Commission initially established a 150- 

day challenge window for interested 

parties to contest the initial 

determination of areas deemed 

presumptively ineligible for MF–II 

support. The challenge window opened 

on March 29, 2018, and it was 

scheduled to close on August 27, 2018. 

3. As part of the challenge process 

framework, the Commission established 

various parameters for the acceptance of 

speed test data, including that such data 

would only be accepted if they were 

collected within six months of the 

scheduled close of the challenge 

window. That six-month period 

commenced on February 27, 2018. After 

the close of the challenge window, a 

respondent (i.e., a ‘‘challenged party’’) 

will have the opportunity to respond to 

challenges by submitting its own speed 

test data or certain technical 

information that is probative of the 

validity of the challenger’s speed tests. 

Speed test data submitted by 

respondents is subject to the same 

standards and requirements applicable 

to challengers, except that the 

Commission established in the MF–II 

Challenge Process Order that it would 

only accept data submitted by a 

respondent that was collected within six 

months of the scheduled close of the 

response window. 

4. After the Commission adopted the 

timeframe for the challenge window, the 

Rural Wireless Association (RWA) 

submitted data regarding estimated 

burdens of the challenge process, 

including specific estimates of the 

amount of time required to conduct 

speed tests in certain areas. 

5. The Commission extended the 

previously established deadline for 

challengers to submit data in the 

challenge process and provide an 

additional 90 days, until November 26, 

2018, for the submission and 

certification of challenges. The 

Commission direct USAC to implement 

this change in the challenge portal. 


amozie on DSK3GDR082PROD with RULES