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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations action area, then FEMA must make one of the following determinations with respect to the effect of the proposed action on listed species and critical habitat: 1 No effect NE; 2 may affect, but is not likely to adversely affect NLAA; or 3 may affect and is likely to adversely affect LAA.
This rule has been evaluated by FEMA and due to the administrative nature, FEMA has determined the rule does not have the potential to affect federally-listed species or designated critical habitat. As such, a No Effect determination has been made for these activities. Per the ESA regulations, notification to, and consultation with, the U.S. Fish and Wildlife Service and/
or the National Marine Fisheries Service are not required for activities with a No Effect determination.

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F. National Historic Preservation Act of 1966
The National Historic Preservation Act NHPA 54 U.S.C. 300101, formerly 16 U.S.C. 470 was enacted in 1966, with various amendments throughout the years. Section 106 of the NHPA 54
U.S.C. 306108 requires Federal agencies to take into account the effect of their actions on any historic property.
It mandates a consultation process in the early stages of project planning and must be completed prior to the approval of expenditure of any Federal funds for the undertaking. Subpart B of 36 CFR
part 800 lays out a four-step Section 106
process to fulfill this obligation: 1
Initiate the process 800.3; 2 identify historic properties 800.4; 3 assess adverse effects 800.5; and 4 resolve adverse effects 800.6.
Pursuant to section 106 of the NHPA
and its implementing regulations at 36
CFR part 800, FEMA has determined that this rule does not have the potential to cause effects to historic properties and in accordance with 36 CFR part 800.3a1, FEMA has no further obligations under section 106.
G. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 PRA, as amended, 44 U.S.C.
35013520, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the agency obtains approval from the Office of Management and Budget OMB for the collection and the collection displays a valid OMB
control number. See 44 U.S.C. 3506, 3507. This rule contains collections of information that are subject to review by OMB. The information collections included in this rule are approved by OMB under control numbers 16600072
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and Grant Supplement Information, 16600062 State/Local/Tribal Hazard Mitigation Plans, 16600026 State Administrative Plan for the Hazard Mitigation Grant Program, and 1660
0076 Hazard Mitigation Grant Program Application and Reporting. Currently, FEMA is working to reinstate 1660
0103 Property Acquisition and Relocation for Open Space.
This rulemaking calls for no new collections of information under the PRA. This rule includes information currently collected by FEMA and approved in OMB information collections 16600072, 16600062, 16600026, and 16600076. Currently, FEMA is working to reinstate 1660
0103. The actions of this rulemaking do not impose any additional burden to this collection of information. The changes in this rulemaking do not change the forms, the substance of the forms, or the number of recipients who would submit the forms to FEMA.
H. Privacy Act/E-Government Act Under the Privacy Act of 1974, 5
U.S.C. 552a, an agency must determine whether implementation of a proposed regulation will result in a system of records. A record is any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his/her education, financial transactions, medical history, and criminal or employment history and that contains his/her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. See 5 U.S.C.
552aa4. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. An agency cannot disclose any record which is contained in a system of records except by following specific procedures.
The E-Government Act of 2002, 44
U.S.C. 3501 note, also requires specific procedures when an agency takes action to develop or procure information technology that collects, maintains, or disseminates information that is in an identifiable form. This Act also applies when an agency initiates a new collection of information that will be collected, maintained, or disseminated using information technology if it includes any information in an identifiable form permitting the physical or online contacting of a specific individual. A Privacy Threshold Analysis was completed.

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I. 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.
Although Indian Tribal governments are potentially eligible applicants under HMA programs, FEMA has determined that this rule does not have a substantial direct effect 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. There is no substantial direct compliance cost associated with this rule. The HMA
programs are voluntary programs that provide funding to applicants, including Tribal governments, for eligible mitigation planning and projects that reduce disaster losses and protect life and property from future disaster damages. An Indian Tribal government may participate as either an applicant/
recipient or a subapplicant/
subrecipient. FEMA does not expect the regulatory changes in this rule to disproportionately affect Indian Tribal governments acting as recipients.
J. 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
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