Extensions of Application Period for Temporary Housing Assistance

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC82

Extensions of Application Period for Temporary Housing Assistance

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This rule expands the circumstances under which the Regional

Director may extend the standard 60-day application period for

assistance provided under the Disaster Housing Program. This rule also

retains FEMA's authority to accept an individual application made after

the application period has closed when the applicant's reason for

lateness is justified.

EFFECTIVE DATE: This rule is effective September 27, 1999.

FOR FURTHER INFORMATION CONTACT: Laurence W. Zensinger, Response and

Recovery Directorate, Federal Emergency Management Agency, 500 C Street

SW., Washington, DC 20472, (202) 646-3642, (facsimile) 202-646-2730, or

(e-mail) [email protected].

SUPPLEMENTARY INFORMATION: On May 6, 1998, we published a proposed rule

in the Federal Register at 63 FR 25010 and invited comments for 60 days

ending on July 6, 1998. We received one set of comments from a legal

assistance attorney. While most of the submitted comments addressed

issues beyond the scope of the proposed rule, those comments that did

address the proposed rule were in favor of placing the flexibility for

an extension to the application period in regulation. The attorney

asked for additional information on two points: (1) What circumstances

may warrant an extension; and (2) what would be sufficient

justification for a late application to be accepted. We will issue a

policy to provide guidance on these points once the final rule is in

effect. We are publishing the final rule with no substantive changes

from what we published as a proposed rule.

National Environmental Policy Act

This rule is categorically excluded from the requirements of 44 CFR

Part 10, Environmental Consideration. We have not prepared an

environmental impact assessment.

Executive Order 12866, Regulatory Planning and Review

This rule is not a significant regulatory action within the meaning

of section 2(f) of Executive Order 12866 of September 30, 1993, 58 FR

51735. To the extent possible, this rule adheres to the regulatory

principles set forth in Executive Order 12866. The Office of Management

and Budget has not reviewed it under the provisions of Executive Order

12866.

Paperwork Reduction Act

This rule does not contain a collection of information requirement

as described in section 3504(h) of the Paperwork Reduction Act.

Executive Order 12612, Federalism

This rule does not involve any 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.

Congressional Review of Agency Rulemaking

We have submitted this final rule to the Congress and to the

General Accounting Office under the Congressional Review of Agency

Rulemaking Act, Public Law 104-121. The rule is not a ``major rule''

within the meaning of that Act. It is an administrative action in

support of normal day-to-day activities. It does not result in nor is

it likely to result in 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 foreign-based enterprises.

This final rule is exempt (1) from the requirements of the

Regulatory Flexibility Act, and (2) from the Paperwork Reduction Act.

The rule is not an unfunded Federal mandate within the meaning of the

Unfunded Mandates Reform Act of 1995, Public Law 104-4. It does not

meet the $100,000,000 threshold of that Act, and any enforceable duties

are imposed as a condition of Federal assistance or a duty arising from

participation in a voluntary Federal program.

[[Page 46853]]

List of Subjects in 44 CFR Part 206

Administrative practice and procedure, Disaster assistance,

Housing.

Accordingly, we amend 44 CFR part 206 as follows:

PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR

AFTER NOVEMBER 23, 1988

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.

Subpart D--Temporary Housing Assistance

2. We revise Sec. 206.101(e)(1) to read as follows:

Sec. 206.101 Temporary housing assistance.

* * * * *

(e) Applications--(1) Application period. The standard FEMA

application period is the 60 days following the date the President

declares an incident a major disaster or an emergency. The Regional

Director may, however, extend the application period, when we

anticipate that we need more time to collect applications from the

affected population or to establish the same application deadline for

contiguous Counties or States. After the application period has ended,

FEMA will accept and process applications for an additional 60 days

only from persons who can provide an acceptable explanation (and

documentation to substantiate their explanation) for why they were not

able to contact FEMA before the application period ended.

* * * * *

Dated: August 5, 1999.

James L. Witt,

Director.

[FR Doc. 99-21960 Filed 8-26-99; 8:45 am]

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