[Federal Register: August 27, 1999 (Volume 64, Number 166)] [Rules and Regulations] [Page 46852-46853] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27au99-16] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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) laurence.zensinger@fema.gov. 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] BILLING CODE 6718-02-P