Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 10813 

22See 5 U.S.C. 801–808. Although the statutory 

language only discusses rules, Congress has made 

it clear that the CRA covers guidance documents as 

well. See, e.g., ‘‘The Congressional Review Act 

(CRA): Frequently Asked Questions,’’ Congressional 

Research Service, at 7 (Jan. 14, 2020), available at 

https://crsreports.congress.gov/product/pdf/R/ 

R43992 (last accessed Aug. 31, 2020). 

are not eligible to apply for HMA funds; 

however, an eligible Applicant or 

subapplicant may apply for funding on 

behalf of individuals, businesses, and 

non-profit organizations’’ to lines 69 to 

72. This text clarifies how individual 

homeowners and businesses may 

receive further assistance. 

• To address commenters’ requests to 

clarify that updates to mitigation plans 

are eligible for capability- and capacitybuilding funds, FEMA edited line 138 to 

read: ‘‘. . . develop or update mitigation 

priorities and plans.’’ 

• To address commenters’ request for 

a sentence structure edit in lines 1596 

to 162, FEMA reordered the sentence to 

end with the citation in order to 

emphasize that the requirement is to 

comply with environmental and historic 

preservation regulations. 

• To address commenters’ request for 

a sentence structure edit in lines 163 to 

164, FEMA reordered the sentence to 

end with the citation in order to clarify 

the intent is to require compliance with 

floodplain and other applicable land use 

laws and regulations. 

• In lines 165–166, FEMA added: 

‘‘Any FEMA directive or policy 

implementing the Federal Flood Risk 

Management Standard (FFRMS).’’ 

• For commenters who asked FEMA 

to define the term ‘‘non-construction,’’ 

FEMA intended to mean capability- and 

capacity-building activities. FEMA 

replaced the term ‘‘non-construction’’ 

with ‘‘Capability- and capacity-building 

activities,’’ and moved the sentence to 

line 174. FEMA also added on lines 

178–179 the sentence, ‘‘Already 

initiated or completed capability- and 

capacity-building activities are not 

eligible for funding.’’ FEMA also added 

a new sentence on lines 194–195 to 

completely address limits on eligibility: 

‘‘Projects for which ground disturbance 

has already been initiated or completed 

are not eligible for funding.’’ 

• For editorial purposes, FEMA 

edited lines 196–199 to read: ‘‘It must be 

cost-effective and designed to increase 

resilience and reduce risk of injuries, 

loss of life, and damage and destruction 

of property, including critical services 

and facilities.’’ 

• In line 202, FEMA removed the 

phrase: ‘‘. . . through completion of a 

benefit cost analysis conducted in 

compliance with OMB Circular A–94.’’ 

• To address commenters’ requests, 

lines 207–211 were edited to clarify that 

if a project is located in the Special 

Flood Hazard Area (SFHA), the 

jurisdiction in which the project is 

located must be participating in the 

National Flood Insurance Program 

(NFIP) and not on probation, 

suspension, or withdrawn. FEMA also 

added in lines 215–218 the following 

clarification: ‘‘If there is a transfer of 

ownership of the structure, the 

requirement of obtaining and 

maintaining flood insurance for the life 

of the structure applies to the new 

owner and any successive owners.’’ 

• In lines 219–220, FEMA added, 

‘‘The project must comply with any 

FEMA directive or policy implementing 

the Federal Flood Risk Management 

Standard (FFRMS).’’ 

• In response to commenters’ notes to 

clarify that eligible pre-award costs 

should be limited to development of the 

mitigation application, FEMA edited 

line 234 to add the words ‘‘the 

application for’’ after the words ‘‘the 

development of.’’ 

• In order to address commenters’ 

requests to clarify the POP, and requests 

to allow for a longer POP, FEMA edited 

text in lines 249 to 253. FEMA deleted 

‘‘effective’’ and ‘‘generally’’ as the 

beginning of the POP remains linked to 

the date of Federal award. FEMA also 

deleted ‘‘for highly complex projects’’ 

and changed language on lines 250–252 

to: ‘‘The applicant may submit a request 

for a longer POP in the application for 

FEMA to review and approve.’’ This 

change gives FEMA broader flexibility 

to grant a request for a longer POP. 

• In answer to commenters’ 

questions, FEMA edited lines 312 to 313 

to confirm that the policy will remain 

intact after it is incorporated into 

guidance. FEMA deleted the following 

language: ‘‘at which point this policy 

will be superseded.’’ 

• To add clarity, FEMA added 

subsections titled ‘‘Definitions’’ and 

‘‘Monitoring and Evaluation’’ to the 

Additional Information section. 

• FEMA also made minor, 

nonsubstantive corrections for grammar 

and clarity. FEMA is now issuing the 

final BRIC policy, which is available at 

http://www.regulations.gov and on the 

FEMA website at https://www.fema.gov/ 

grants/mitigation/building-resilientinfrastructure-communities. The final 

policy will not have the force and effect 

of law and is not meant to bind the 

public in any way. The guidance 

document is intended only to provide 

clarity to the public regarding existing 

requirements under the law or agency 

policies. 

Under the Congressional Review of 

Agency Rulemaking Act (CRA), before 

guidance can take effect, the Federal 

agency promulgating the guidance must 

submit to Congress and to the 

Government Accountability Office 

(GAO) a copy of the guidance; a concise 

general statement describing the 

guidance, including whether it is 

‘‘major’’ within the meaning of the CRA; 

and the proposed effective date of the 

guidance.22 A ‘‘major’’ guidance 

document is one that has an annual 

effect on the economy of $100,000,000 

or more; results in a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; or has significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of United 

States-based enterprises to compete 

with foreign-based enterprises in 

domestic and export markets. Pursuant 

to the CRA, the Office of Information 

and Regulatory Affairs designated this 

guidance as ‘‘major’’ within the meaning 

of the CRA as defined by 5 U.S.C. 

804(2), as the annual effect on the 

economy will be over $100,000,000 in 

transfers. As such FEMA has sent the 

final BRIC policy to the Congress and to 

GAO. 

Authority: Sec. 1234, Pub. L. 115–254, 

132 Stat. 3438. 

Deanne B. Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2022–04041 Filed 2–24–22; 8:45 am] 

BILLING CODE 9111–47–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2022–0010; OMB No. 

1660–0076] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Hazard Mitigation 

Grant Program (HMGP) Application 

Reporting 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: 60-Day notice of revision and 

request for comments. 

SUMMARY: The Federal Emergency 

Management Agency, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public to take this opportunity 

to comment on a revision of a currently 

approved information collection. In 

accordance with the Paperwork 


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10814 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 

Reduction Act of 1995, this notice seeks 

comments regarding the requirements, 

grants management procedures, and 

implementation of grants awarded 

under the Hazard Mitigation Grant 

Program (HMGP), which is a postdisaster program that contributes funds 

toward the cost of hazard mitigation 

activities in order to reduce the risk of 

future damage, hardship, loss or 

suffering in any area affected by a major 

disaster. 

DATES: Comments must be submitted on 

or before April 26, 2022. 

ADDRESSES: Submit comments at 

www.regulations.gov under Docket ID 

FEMA–2022–0010. Follow the 

instructions for submitting comments. 

All submissions received must 

include the agency name and Docket ID, 

and will be posted, without change, to 

the Federal eRulemaking Portal at 

http://www.regulations.gov, and will 

include any personal information you 

provide. Therefore, submitting this 

information makes it public. You may 

wish to read the Privacy and Security 

Notice that is available via a link on the 

homepage of www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jennie Orenstein, Chief, HMA Grants 

Policy Branch, at (202) 212–4071 or 

jennie.orenstein@fema.dhs.gov. You 

may contact the Information 

Management Division for copies of the 

proposed collection of information at 

email address: FEMA-InformationCollections-Management@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Section 404 of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act, 42 U.S.C. 5170c, 

established the Hazard Mitigation Grant 

Program (HMGP). Grant requirements 

and grants management procedures of 

the program are outlined in 44 CFR part 

206 Subpart N, and 2 CFR parts 200 and 

3002. The Federal Emergency 

Management Agency (FEMA) 

administers the HMGP, and Recipients 

implement the grants under the HMPG 

per grant agreement and rules and 

regulations. The HMGP is a postdisaster program that contributes funds 

toward the cost of hazard mitigation 

activities in order to reduce the risk of 

future damage, hardship, loss or 

suffering in any area affected by a major 

disaster. Section 102 of the Stafford Act, 

42 U.S.C. 5122(4), defines a ‘‘state’’ as 

any state of the United States, the 

District of Columbia, Puerto Rico, the 

Virgin Islands, Guam, American Samoa, 

and the commonwealth of the Northern 

Mariana Islands. ‘‘Recipient’’, as 

provided in 2 CFR 200, means a nonFederal entity that receives a Federal 

award directly from a Federal awarding 

agency to carry out an activity under a 

Federal program, or an Indian tribal 

government that chooses to act as a 

recipient rather than as a subrecipient. 

‘‘Subrecipient’’ refers to a non-Federal 

entity that receives a subaward from a 

pass-through entity to carry out part of 

a Federal program; but does not include 

an individual that is a beneficiary of 

such program. A subrecipient may also 

be a recipient of other Federal awards 

directly from a Federal awarding 

agency. The term ‘‘Indian tribal 

government’’ is defined in Section 102 

of the Stafford Act, 42 U.S.C. 5122(6), as 

the governing body of any Indian or 

Alaska Native tribe, band, nation, 

pueblo, village, or community that the 

Secretary of the Interior acknowledges 

to exist as an Indian tribe under the 

Federally Recognized Indian Tribe List 

Act of 1994. In addition, the Sandy 

Recovery Improvement Act of 2013 

(Pub. L. 113–2) amended the Stafford 

Act to allow the Chief Executive of a 

federally recognized Indian tribe to 

make a direct request to the President of 

the United States for a major disaster or 

emergency declaration codified under 

42 U.S.C. 5170(b).’’ 

Collection of Information 

Title: Hazard Mitigation Grant 

Program (HMGP) Application and 

Reporting. 

Type of Information Collection: 

Revision of a currently approved 

information collection. 

OMB Number: OMB No. 1660–0076. 

FEMA Forms: FEMA Form FF–206– 

FY–22–154 (formerly 009–0–111A), 

Quarterly Progress Reports. 

Abstract: FEMA administers the 

Hazard Mitigation Grant Program, 

which is a post-disaster program that 

contributes funds toward the cost of 

hazard mitigation activities in order to 

reduce the risk of future damage 

hardship, loss or suffering in any area 

affected by a major disaster. FEMA uses 

applications to provide financial 

assistance in the form of grant awards 

and, through grantee quarterly 

reporting, monitor grantee project 

activities and expenditure of funds. 

Affected Public: State, local or Tribal 

Government. 

Estimated Number of Respondents: 

236. 

Estimated Number of Responses: 

3,280. 

Estimated Total Annual Burden 

Hours: 38,124. 

Estimated Total Annual Respondent 

Cost: $2,295,447. 

Estimated Respondents’ Operation 

and Maintenance Costs: $0. 

Estimated Respondents’ Capital and 

Start-Up Costs: $0. 

Estimated Total Annual Cost to the 

Federal Government: $1,953,915 

Comments 

Comments may be submitted as 

indicated in the ADDRESSES caption 

above. Comments are solicited to (a) 

evaluate whether the proposed data 

collection is necessary for the proper 

performance of the agency, including 

whether the information shall have 

practical utility; (b) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Maile Arthur, 

Deputy Director, Information Management 

Division, Office of the Chief Administrative 

Officer, Mission Support, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. 2022–04056 Filed 2–24–22; 8:45 am] 

BILLING CODE 9111–BW–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7056–N–04] 

60-Day Notice of Proposed Information 

Collection: Supplement to Application 

for Federally Assisted Housing; OMB 

Control No.: 2502–0581 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of 

information. The purpose of this notice 

is to allow for 60 days of public 

comment. 

DATES: Comments Due Date: April 26, 

2022. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 


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