Federal Register - February 5, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules Reasonable accommodations are available for people with disabilities. To request a reasonable accommodation, contact the person listed in the FOR
FURTHER INFORMATION CONTACT section below as soon as possible. Last minute requests will be accepted but may not be possible to fulfill.
Written comments must be submitted via the Federal eRulemaking Portal at https www.regulations.gov. Follow the instructions for submitting comments.
Instructions: All written comments must include the docket ID FEMA
20200038. All comments received, including any personal information provided, may be posted without alteration at https
www.regulations.gov.
Docket: For access to the docket and to read comments received by FEMA, go to https www.regulations.gov and search for Docket ID FEMA20200038.
FOR FURTHER INFORMATION CONTACT: Tod Wells, Deputy Division Director, Recovery Directorate, Public Assistance, via email at FEMA-PA-PolicyQuestions@fema.dhs.gov or via phone at 202 6462500.
SUPPLEMENTARY INFORMATION: On December 14, 2020, FEMA published a proposed rule titled Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program.1 Pursuant to 44 CFR 206.48a, FEMA considers several factors when determining whether to recommend that the President declare a major disaster authorizing the Public Assistance program. In the Disaster Recovery Reform Act of 2018 DRRA,2 Congress directed FEMA to generally review those factors, specifically the estimated cost of the assistance factor, and to update them through rulemaking, as appropriate.3 Congress also directed FEMA to give greater consideration to the recent multiple disasters and localized impacts factors 4 when evaluating a request for a major disaster.5
On January 20, 2021, Assistant to the President and Chief of Staff Ronald A.
Klain issued a memorandum titled Regulatory Freeze Pending Review to ensure that President Bidens appointees or designees have the opportunity to review pending rules.6
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1 85
FR 80719.
Law 115254, 132 Stat. 3438 Oct. 5,
2 Public
2018.
3 DRRA sec. 1239.
4 44 CFR 206.48a2, 5.
5 DRRA sec. 1232.
6 See Memorandum on Regulatory Freeze Pending Review for the Heads of Executive Departments and Agencies Jan. 20, 2021, available at https
www.whitehouse.gov/briefing-room/presidential-
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This regulatory freeze does not require FEMA to withdraw pending notices of proposed rulemaking out for public comment, but the agency wants to ensure the memorandums intent is met and all parties are given ample opportunity to provide input. FEMA is therefore extending the comment period for this rule from February 12 to March 12, 2021, and will also hold a public meeting on February 24, 2021, to solicit feedback on the proposed rule. These measures will help ensure all interested parties have sufficient opportunity to review and provide comments on the proposed changes.
As published on December 14, 2020, FEMA proposes to amend the estimated cost of the assistance factor in 44 CFR
206.48a1 to raise the per capita indicator and the minimum threshold.
As is detailed in the proposed rule, the current per capita indicator and minimum threshold do not provide an accurate measure of States capabilities to respond to disasters.7 FEMA does not propose to substantively revise the localized impacts factor because it is already sufficiently flexible to address the requirements of section 1232 of the DRRA. FEMA also does not propose any revisions to the recent multiple disasters factor, but requests comment on whether the 12-month time limit currently in place is sufficient to address this factor as required by the DRRA.
DRRA further provided that FEMA
shall engage in meaningful consultation with relevant representatives of State regional, local, and Indian tribal government stakeholders.8 FEMAs public meeting will solicit feedback on the proposed rule from these stakeholders in fulfillment of this requirement. FEMA welcomes input, both at the meeting and in written comments submitted separately, on considerations of local economic factors such as the local assessable tax base; the local sales tax; the median income and poverty rate of the local affected area as it compares to that of the State and the economic health of the State, including such factors as the State unemployment rate compared to the national rate; and how such factors can be used to evaluate whether the affected State and local governments have been overwhelmed.9
FEMA will carefully consider all relevant comments received during the actions/2021/01/20/regulatory-freeze-pendingreview/ last visited Jan. 22, 2021.
7 See 85 FR 80719.
8 Id.
9 See Explanatory Statement for H.R.133, Consolidated Appropriations Act, 2021, 166 Cong.
Rec. H8479 daily ed. Dec. 21, 2020.
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meeting, and during the rest of the comment period for the proposed rule, which now runs through March 12, 2021, before issuing a final rule. All verbal comments or remarks provided on the proposed rule during the meeting will be recorded and posted to the rulemaking docket on https
www.regulations.gov.
MaryAnn Tierney, Acting Deputy Administrator, Federal Emergency Management Agency.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 54
GN Docket No. 2032; Report No. 3165;
FRS 17451
Petitions for Reconsideration of Action in Rulemaking Proceeding Federal Communications Commission.
ACTION: Petitions for Reconsideration;
correction.
AGENCY:
This document corrects a date that appeared in the Federal Register on January 22, 2021. That Federal Register document, which invited comment on the Petitions for Reconsideration Petitions filed in the Commissions rulemaking proceeding, incorrectly listed the date by which replies to an opposition to the Petitions must be filed as February 16, 2021, rather than February 18, 2021.
DATES: Effective on February 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Valerie Barrish, Office of Economics and Analytics, Auctions Division, 202 418
0660, or Valerie.Barrish@fcc.gov.
SUPPLEMENTARY INFORMATION: This document corrects the date by which by which replies to an opposition to the Petitions for Reconsideration Petitions filed in the Commissions rulemaking proceeding must be filed, published at 86 FR 6611 on January 22, 2021, which incorrectly listed that date as February 16, 2021, rather than February 18, 2021.
In FR Doc. 202100464 appearing on page 6611 in the Federal Register of Friday, January 22, 2021, the following corrections are made:
1. On page 6611, in the second column, in the DATES section, the statement Replies to an opposition must be filed on or before February 16, 2021 is corrected to read Replies to an opposition must be filed on or before February 18, 2021.
SUMMARY:
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