Federal Register - August 16, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million adjusted annually for inflation or more in any one year. If the rulemaking includes a Federal mandate, the Act requires an agency to prepare an assessment of the anticipated costs and benefits of the Federal mandate. The Act also pertains to any regulatory requirements that might significantly or uniquely affect small governments.
Before establishing any such requirements, an agency must develop a plan allowing for input from the affected governments regarding the requirements. Exemptions from the Act are found at 2 U.S.C. 1503, they include any regulation or final regulation that provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government.
Thus, FEMA finds this rule to be exempt from the Act.
Additionally, FEMA has determined that this rule would not result in the expenditure by State, local, and Tribal governments, in the aggregate, nor by the private sector, of $100 million or more adjusted annually for inflation in any one year because of a Federal mandate, and it would not significantly or uniquely affect small governments.
Therefore, no actions are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Paperwork Reduction Act of 1995
As required by the Paperwork Reduction Act of 1995 PRA, Public Law 10413, 109 Stat. 163, May 22, 1995 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.
This proposed information collection previously published in the Federal Register on August 31, 2020 at 85 FR
53725 as part of the NPRM. Since the proposed information collection published on August 31, 2020, FEMA
completed an emergency revision of information collection 16600017. In the emergency information collection for 16600017 FEMA added the FEMA
Template 104FY21100 Equitable COVID19 Response and Recovery:
Vaccine Administration Information which resulted in 51,016 new Total No.
of Responses with an .5 Average Burden per response of in hours which resulted in 25,508 Total Annual Burden in hours totaling $1,445,028 in additional Total Annual Respondent
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Cost. Also, FEMA is correcting the wage rate used to calculate the Estimated Total Annual Respondent Cost in the NPRM, which resulted in a decrease of the Estimated Total Annual Respondent Cost from $29,601,921 to $27,845,344.
FEMA incorrectly used the wage rate for the whole industry, instead of the State government industry wage rate. 43
Additionally, the NPRM incorrectly listed the proposed decrease to the Estimated Total Annual Cost to the Federal Government as $29,976, an error of $2,498. Rather, the NPRM should have listed a proposed decrease of $27,478 in arbitration travel costs; as, we do not have to include them per the PRA exceptions for civil &
administrative actions. See 44 U.S.C.
3518c. Additionally, the Staff Salaries changed as the wage rate multiplier changed from 1.6 to 1.45. Finally, the NPRM incorrectly listed the Estimated Total Annual Costs to the Federal Government, as $1,890,650, when the NPRM should have listed it as $1,930,187, due to the previously mentioned changes. No comments were received regarding the proposed information collection. The purpose of this section is to notify the public that FEMA will submit the information collection abstracted below to OMB for review and clearance. This final rule serves as the 30-day comment period pursuant to 5 CFR 1320.12. FEMA
invites the public to comment on this collection of information.
Collection of Information Title: PA Program.
Type of information collection:
Revision of a currently approved collection.
OMB Number: 16600017.
Form Forms: FEMA Form 009049
Request for Public Assistance; FEMA
Form 009091 Project Worksheet PW;
FEMA Form 009091A Project Worksheet PWDamage Description and Scope of Work; FEMA Form 009
091B Project Worksheet PWCost Estimate Continuation Sheet; FEMA
Form 009091C Project Worksheet PWMaps and Sketches Sheet; FEMA
Form 009091D Project Worksheet PWPhoto Sheet; FEMA Form 0090
120 Special Considerations Questions;
FEMA Form 0090121 PNP Facility Questionnaire; FEMA Form 0090123
Force Account Labor Summary Record;
FEMA Form 0090124 Materials Summary Record; FEMA Form 0090
125 Rented Equipment Summary Record; FEMA Form 0090126
43 Bureau of Labor Statistics, Occupational Employment and Wage Statistics. https
www.bls.gov/oes/. Last accessed: June 10, 2021.

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Contract Work Summary Record; FEMA
Form 0090127 Force Account Equipment Summary Record; FEMA
Form 0090128 Applicants Benefits Calculation Worksheet; FEMA Form 0090111, Quarterly Progress Report;
FEMA Form 0090141, FACTRAX
System, FEMA Template 104FY21
100 Equitable COVID19 Response and Recovery: Vaccine Administration Information.
Abstract: The information collected is utilized by FEMA to make determinations for PA grants based on the information supplied by the respondents.
Affected Public: State, local, or Tribal Government.
Estimated Number of Respondents:
1,068.
Estimated Number of Responses:
449,084.
Estimated Total Annual Burden Hours: 491,533.
The final regulation would provide applicants an additional choice in FEMAs appeals and arbitration processes: Applicants must choose either submitting a second appeal or submitting a request for arbitration. Or, an applicant may select arbitration if the Regional Administrator has received a first appeal but has not rendered a decision within 180 calendar days of receipt. There is no change to the number of responses due to the final rule, as applicants can only choose one option. The final rules implementation would not impact the total number of responses or burden hours.
FEMA estimated it will take approximately 2 hours to prepare an electronic appeal or arbitration. This estimate is based on the assumption that most of the information necessary for preparing the appeal or arbitration request is found in the existing Project Worksheet.
Recipients will also provide a recommendation per each applicant request for an appeal or arbitration. The total number of recommendations would not change because of the final rule. FEMA estimates it will take approximately 1 hour to prepare a recommendation.
Currently, the estimated time to complete a request and submit a letter of recommendation for an appeal is three hours. FEMA also estimates the time to complete a request and submit an electronic recommendation for arbitration would also be three hours.
The applicant could re-use the same information from the request for an appeal or arbitration and the recipient would review similar information in providing its recommendation. The final
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Federal Register - August 16, 2021

TitreFederal Register

PaysÉtats-Unis

Date16/08/2021

Page count243

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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