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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
phrases. It follows that the definition of applicant at 206.201a cannot include a recipient, so FEMA
disagrees with the public commenters FEMA201900120003 statement that the use of applicant for all entities could still be correct.
Therefore, FEMA did not make any changes to the regulatory text at 206.206
as a result of the comment.

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D. Appellant Versus Applicant and Subrecipient A member of the public FEMA
201900120003 also commented that there is a difference in applicant and subrecipient per 44 CFR 206.201a.
FEMA disagrees with the statement that there is a difference in applicant and subrecipient per 206.201a. As indicated above, the definition of applicant at 206.201a includes subrecipient, but not recipient.
Therefore, FEMA did not make any changes to the regulatory text at 206.206
as a result of the comment.
The commenter further stated that the use of appellant allows for both applicants and subrecipients to be represented in the terminology. In the past, FEMA used the term appellant instead of applicant or recipient for the requirement of specifying the provisions in Federal law, regulator, or policy in dispute. In the NPRM, FEMAs reason for changing from appellant to applicant or recipient was for consistency in terminology and no substantive change was intended. Since FEMAs goal is consistency in terminology, FEMA will not add appellant as a defined term to paragraph a of 44 CFR 206.206, as it could lead to confusion for the reader as to whether it refers to an applicant or a recipient. Therefore, FEMA did not make any changes to the regulatory text at 206.206 as a result of the comment.
E. Other Definitions The State DEM FEMA20190012
0008 commented that in 44 CFR
206.206a, FEMA should define Regional Administrator because applicants submit first appeals to the appropriate FEMA Regional office and then submit second appeals to the Assistant Administrator for the Recovery Directorate. The State DEM
proposed to define Regional Administrators as the Administrator of the Federal Emergency Management Agency Regional Office in which the Applicant resides.
FEMA decided against the commenters suggested definition of Regional Administrator since 44 CFR
206.2a21 already provides a definition for Regional Administrator
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with general applicability throughout part 206. Regional Administrator: An administrator of a regional office of FEMA, or his/her designated representative. As used in these regulations, Regional Administrator also means the Disaster Recovery Manager who has been appointed to exercise the authority of the Regional Administrator for a particular emergency or major disaster.
This second sentence in the definition of Regional Administrator at 206.2a21 is contrary to the structure proposed in the NPRM at 206.206, as it says that the Regional Administrator also means the Disaster Recovery Manager. In the NPRM, the Regional Administrator/Disaster Recovery Manager is not making the FEMA
determination. Otherwise, the submission of the first appeal to the Regional Administrator for review would mean that the Regional Administrator could review their own determination. Therefore, FEMA
decided to add only the first sentence of the Regional Administrator definition at 206.2a21 to this final rule for consistency and clarity. So, FEMA
added the following definition of Regional Administrator to the regulatory text: Regional Administrator means an administrator of a regional office of FEMA, or his/her designated representative.
Both, Administrator and Regional Administrator were added to Title V of the Homeland Security Act of 2002 by the Post-Katrina Emergency Management Reform Act of 2006.5
Therefore, it makes sense that they are defined terms under 44 CFR 206.206, as they are statutorily mandated FEMA
positions.
The State DEM also recommended that FEMA define the term Assistant Administrator for the Recovery Directorate. FEMA chose not to provide a definition of Assistant Administrator for the Recovery Directorate since future FEMA
reorganizations may change that position title. Additionally, the Assistant Administrator for the Recovery Directorate is not a FEMA
statutorily mandated position.
Finally, the State DEM FEMA2019
00120008 suggested that FEMA define final agency determination to mean the decision of FEMA as provided through electronic transmission of a formal determination if the applicant or recipient does not submit a first appeal within the time limits. FEMA does not 5 Post-Katrina Emergency Management Reform Act of 2006, 109295, 120 Stat. 1394 Oct. 4, 2006, 6 U.S.C. 701 note.

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adopt the commenters definition because the definition in the NPRM the is a more fulsome definition which covers all eventualities. In the NPRM, final agency determination means the decision of FEMA, if the applicant or recipient does not submit a first appeal within the time limits provided for in paragraph b1iiA of proposed 206.206; or the decision of FEMA, if the applicant or recipient withdraws the pending appeal and does not file a request for arbitration within 30
calendar days of the withdrawal of the pending appeal; or the decision of the FEMA Regional Administrator, if the applicant or recipient does not submit a second appeal within the time limits provided for in paragraph b2iiA of proposed 206.206. For this reason, FEMA declines to adopt the commenters definition. Therefore, FEMA only added the definition of Regional Administrator to the regulatory text at 206.206a as a result of the comment.
F. First and Second Appeals Deadlines Proposed paragraph 206.206b1ii of the NPRM addressed time limits for first appeals. Under proposed paragraph b1iiA, the applicant may make a first appeal through the recipient within 60 calendar days from the date of the FEMA determination that is the subject of the appeal. Moreover, the recipient must electronically forward to the Regional Administrator the applicants first appeal with a recommendation within 120 calendar days from the date of the FEMA determination that is the subject of the appeal. There is no recourse for the applicant if the recipient misses the deadline to forward the appeal and recommendation to the Regional Administrator. There is also no recourse for the applicant in a second appeal where the recipient does not make the deadline.
Several commentersincluding a member of the public FEMA2019
00120003, a State agency FEMA
201900120007, and State DEM
FEMA201900120008sought clarification on when, exactly, the applicants initial 60-day deadline is triggered. For instance, is the deadline triggered on the day the applicant views the determination FEMA20190012
0003? Does the deadline begin once the applicant has physically received the determination paperwork FEMA2019
00120008? As FEMA was aware of this issue, the NPRM provided clarity by adding an electronic submission requirement for both first and second appeals. This requirement will enable FEMA to accurately track the transmittal and receipt of appeals since they will be
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