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

Disaster Public Assistance, and Disaster Loan Programs System of Records, 79
FR 16015, Mar. 24, 2014 System of Records Notice SORN.
F. National Environmental Policy Act of 1969 NEPA
Section 102 of the National Environmental Policy Act of 1969
NEPA, 83 Stat. 852 Jan. 1, 1970 42
U.S.C. 4321 et seq. requires Federal agencies to consider the impacts of their proposed actions on the quality of the human environment. Each agency can develop categorical exclusions catexes to cover actions that have been demonstrated to not typically trigger significant impacts to the human environment individually or cumulatively. If an action does not qualify for a catex and has the potential to significantly affect the environment, agencies develop environmental assessments EAs to evaluate those actions. The Council on Environmental Qualitys procedures for implementing NEPA, 40 CFR parts 1500 through 1508, require Federal agencies to prepare Environmental Impact Statements EISs for major Federal actions significantly affecting the quality of the human environment. At the end of the EA
process, the agency will determine whether to make a Finding of No Significant Impact or whether to initiate the EIS process.
Rulemaking is a major Federal action subject to NEPA. The list of catexes at DHS Instruction Manual 02301001
01 Revision 01, Implementation of the National Environmental Policy Act NEPA, Appendix A, includes a catex for the promulgation of certain types of rules, including rules that implement, without substantive change, statutory or regulatory requirements and rules that interpret or amend an existing regulation without changing its environmental effect. Catex A3b and d.
The purpose of this rule is to finalize the proposed regulations to implement the new right of arbitration authorized by the DRRA, and to revise FEMAs regulations regarding first and second PA appeals. Additionally, in response to a public comment, FEMA is adding a definition of Regional Administrator.
Plus, FEMA made changes to the regulatory text regarding first appeals and second appeals at 206.206b1iiA and b2iiA as a result of the 60-day appeals deadline comments. Finally, FEMA is making two technical revisions at 206.206b and 206.206b3iA to align the regulatory text with the dispute of the eligibility for assistance or repayment of assistance language of Section 423d1

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of the Stafford Act. These changes are to implement statutory requirements and to amend existing regulation without changing its environmental effect, consistent with Catex A3b and d, as defined in DHS Instruction Manual 0230100101 Rev. 01, Appendix A.
No extraordinary circumstances exist that will trigger the need to develop an EA or EIS. See DHS Instruction Manual 0230100101 VB2.
G. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, Consultation and Coordination With Indian Tribal Governments, 65 FR 67249, Nov. 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 will 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.
The purpose of this rule is to finalize the proposed regulations to implement the new right of arbitration authorized by the DRRA, and to revise FEMAs regulations regarding first and second PA appeals. Additionally, in response to a public comment, FEMA is adding a definition of Regional Administrator.
Plus, FEMA made changes to the regulatory text regarding first appeals and second appeals at 206.206b1iiA and b2iiA as a result of the 60-day appeals deadline comments. Finally, FEMA is making two technical revisions at 206.206b and 206.206b3iA to align the regulatory text with the dispute of the eligibility for assistance or repayment of assistance language of Section 423d1
of the Stafford Act.
Under the final rule, Indian Tribal Governments have the same opportunity to participate in arbitrations as other eligible applicants; however, given the participation criteria required under 42
U.S.C. 5189ad and its voluntary nature, FEMA anticipates a very small number, if any Indian Tribal Governments, will participate in the
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new permanent right of arbitration.
FEMA also anticipates a very small number of Indian Tribal Governments will be affected by the other major revisions to 44 CFR 206.206. As a result, FEMA does not expect this final rule to have a substantial direct effect on one or more Indian Tribal Governments or impose direct compliance costs on Indian Tribal Governments.
Additionally, since FEMA anticipates a very small number, if any Indian Tribal Governments will participate in the arbitration portion of the final rule nor will be affected by the rest of the finalized revisions to 44 CFR 206.206, FEMA does not expect the regulations to have substantial direct effects on the relationship between the Federal Government and Indian Tribal Governments or on the distribution of power and responsibilities between the Federal Government and Indian Tribal Governments.
H. Executive Order 13132, Federalism A rule has implications for federalism under Executive Order 13132
Federalism 64 FR 43255, Aug. 10, 1999, if it has 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. FEMA has analyzed this final rule under Executive Order 13132 and determined that it does not have implications for federalism.
I. Executive Order 12630, Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights 53 FR 8859, Mar. 18, 1988.
J. Executive Order 12898, Environmental Justice Executive Order 12898 Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 59 FR 7629, Feb. 16, 1994, as amended by Executive Order 12948 60 FR 6381, Feb. 1, 1995
mandates that Federal agencies identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority and low-income populations. It requires each Federal agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures that those programs, policies, and activities do not
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