Federal Register - August 16, 2021
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Source: Federal Register
45676
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
Applicants may gain utility from the convenience of reusing documents.
Impartiality It is not possible to quantify an applicants increased utility due to perceived impartiality. The purpose of arbitration is to create a process to resolve the issues in a manner satisfactory to all parties. Based on past cases, FEMA has granted or partially granted about 23 percent of the second appeals submitted by applicants.35
CBCA has found in favor or partially in
favor for the applicant about 13 percent of Katrina/Rita arbitrations.36
The applicant may nevertheless perceive they have a better opportunity to gain additional Federal funding through arbitration. Applicants may select arbitration to have cases reviewed by a third party, rather than an appeal process that is conducted entirely by FEMA. Applicants may perceive this to be a more impartial system, if the forum encourages both parties to solicit discussion rather than paper based appeals. Applicants may expect that
impartiality would best achieve the objective of an equitable resolution.
Tables 12 and 13 analyze the historical outcomes from second appeals and arbitration from 44 CFR
206.209. Because of the unpredictable nature and unique circumstances of every disaster, these figures may not be representative of future outcomes, as the outcomes are based on the arbitration policies for Hurricanes Rita and Katrina and the unique circumstances of each case.
TABLE 12SECOND APPEALS OUTCOMES
20102019
Second appeal outcome
Number of cases
Percent
Granted
Denied
Partially Granted
Active
Other 1
138
594
78
37
27
15.8
68.0
8.9
4.2
3.1
Total
874
100.0
1 The
category of Other includes appeal decision not available, remand, rescind, arbitration, and withdrawn.
TABLE 13ARBITRATION OUTCOMES UNDER 44 CFR 206.209
20102019
Arbitration outcome
Number of cases
Percent
Matters Resolved Without CBCA Decision
In Favor of FEMA
In Favor of Applicant
Partial in Favor of Applicant
Withdrawn
Other 2
24
22
6
3
12
5
33.3
30.6
8.3
4.2
16.7
6.9
Total
72
100
2 The
category of Other includes other decision, dismissed, and ongoing cases.
Transfers FEMA is unable to quantify transfers because of the unpredictability of the results of this final rule. Transfers would arise from the possibility that FEMA may award a different amount of
grant funding under the arbitration process than it would under current regulations that only allow for a second appeal. However, it would be speculative for FEMA to make an estimate as to the potential changes in
grant disbursement that would result from this final rule.
Impacts Table 14 summarizes the costs, benefits, and transfer impacts of this final rule.
TABLE 14OMB CIRCULAR A4 ACCOUNTING TABLE
Estimates
Units
Category Low estimate
lotter on DSK11XQN23PROD with RULES1
Benefits:
Annualized Monetized
Annualized Quantified
35 Based on information provided by FEMA Office of Chief Counsel Disaster Disputes Branch.
VerDate Sep<11>2014
16:35 Aug 13, 2021
Jkt 253001
High estimate
Dollar year
Frm 00056
Fmt 4700
Period covered
$0
$0
2019
7
10 Years.
0
0
2019
3
10 Years.
0
0
36 Based on information provided by FEMA Office of Chief Counsel Disaster Disputes Branch.
PO 00000
Discount rate %
Sfmt 4700
E:FRFM16AUR1.SGM
16AUR1
