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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations
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E. Paperwork Reduction Act of 1995
This rule contains information collections necessary to support FEMAs implementation of the Presidents priorities and allocations authority under Title I of the Defense Production Act of 1950 DPA, as amended 50
U.S.C. 4501, et seq.. The purpose of this authority is to ensure the timely delivery of products, materials, and services necessary or appropriate to promote the national defense.
The Requests for Special Priorities Assistance collection, 16600149, was submitted under OMBs emergency clearance procedures. Currently, FEMA
is seeking public comment on collection 16600149 through the normal clearance process see 85 FR 65066, Oct.
14, 2020 8.
The new Rated Orders, Adjustments, Exceptions, or Appeals Under the Emergency Management Priorities and Allocations System EMPAS collection, 16600150, cleared OMBs emergency clearance procedures and has an expiration date of 4/30/21. Additionally, FEMA will seek public comments on the collection through the normal clearance process.
F. Privacy 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.
In accordance with DHS policy, FEMA has completed two Privacy Threshold Analyses PTAs. DHS has determined that this rulemaking does not affect the 166016600149 and the 16600150 OMB Control Numbers compliance with the E-Government Act of 2002 or the Privacy Act of 1974, as 8 Collection 16600149s 30-day comment period ended on November 13, 2020.

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amended. Specifically, DHS has concluded that the 16600149 and 16600150 OMB Control Numbers are covered by the DHS/ALL/PIA065
Electronic Contract Filing System ECFS Privacy Impact Assessment PIA. Additionally, DHS has decided that the 16600149 and the 16600150
OMB Control Numbers are covered by the DHS/ALL021 Department of Homeland Security Contractors and Consultants, 73 FR 63179 Oct. 23, 2008 System of Records Notice SORN.

and to the extent practicable, must consult with State and local officials before implementing any such action.
FEMA has determined that this rulemaking does not have a substantial direct effect 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, and therefore does not have federalism implications as defined by the Executive order.

G. 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.
FEMA has reviewed this final rule under Executive Order 13175 and has determined that this final 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.

I. National Environmental Policy Act of 1969 NEPA
Under the National Environmental Policy Act of 1969 NEPA, as amended, 42 U.S.C. 4321 et seq., an agency must prepare an environmental assessment or environmental impact statement for any rulemaking that significantly affects the quality of the human environment.
FEMA has determined that this rulemaking does not significantly affect the quality of the human environment and consequently has not prepared an environmental assessment or environmental impact statement.
Rulemaking is a major Federal action subject to NEPA. Categorical exclusion A3 included in the list of exclusion categories at Department of Homeland Security Instruction Manual 02301
00101, Revision 01, Implementation of the National Environmental Policy Act, Appendix A, issued November 6, 2014, covers the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, and advisory circulars if they meet certain criteria provided in A3af. This interim final rule meets Categorical Exclusion A3a, those of a strictly administrative or procedural nature, and A3b, those that implement, without substantive change, statutory or regulatory requirements.

H. 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 statutory authority supporting any action that would limit the policymaking discretion of the States,
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J. Congressional Review of Agency Rulemaking Under the Congressional Review of Agency Rulemaking Act CRA, 5 U.S.C.
801808, before a rule can take effect, the Federal agency promulgating the rule must: Submit to Congress and to the Government Accountability Office GAO a copy of the rule; a concise general statement relating to the rule, including whether it is a major rule; the proposed effective date of the rule; a copy of any cost-benefit analysis;
descriptions of the agencys actions under the Regulatory Flexibility Act and the Unfunded Mandates Reform Act;
and any other information or statements required by relevant Executive orders.

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