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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations TABLE 2WASTES EXCLUDED FROM SPECIFIC SOURCESContinued Facility
Address

FR Doc. 202119048 Filed 9921; 8:45 am BILLING CODE 656050P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management Agency 44 CFR Parts 77, 78, 79, 80, 201, and 206
Docket ID: FEMA20190011
RIN 1660AA96

FEMAs Hazard Mitigation Assistance and Mitigation Planning Regulations Federal Emergency Management Agency, DHS.
ACTION: Final rule.
AGENCY:

This final rule revises the Federal Emergency Management Agencys Hazard Mitigation Assistance and mitigation planning regulations to reflect current statutory authority and agency practice.
DATES: This rule is effective October 12, 2021.
ADDRESSES: The docket for this rulemaking is available for inspection using the Federal eRulemaking Portal at http www.regulations.gov and can be viewed by following that websites instructions.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Katherine Fox, Assistant Administrator for Mitigation, Federal Emergency Management Agency, 2026461046, Katherine.Fox5@fema.dhs.gov.
SUPPLEMENTARY INFORMATION:

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I. Background and Discussion of the Rule On August 28, 2020, the Federal Emergency Management Agency FEMA published a Notice of Proposed Rulemaking NPRM 85 FR 53474 to revise FEMAs Hazard Mitigation Assistance HMA program regulations to reflect current statutory authority and agency practice.1 FEMAs HMA program 1 FEMA has already implemented most of the changes discussed in this Final Rule through the Hazard Mitigation Assistance Guidance in 2013.
See FEMA, Hazard Mitigation Assistance Guidance, Feb 27, 2015, available at https www.fema.gov/

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regulations consist of the Flood Mitigation Assistance FMA grant program, the Hazard Mitigation Grant Program HMGP, financial assistance for property acquisition and relocation of open space, and mitigation planning regulations. The NPRM proposed to revise the FMA grant program regulations to incorporate changes made by amendments to the National Flood Insurance Act of 1968 NFIA.2 The NPRM also proposed to update terms and definitions throughout the HMA
and Mitigation Planning regulations to better align with uniform administrative requirements that apply to all Federal assistance.
The NPRM solicited public comment on these proposed changes. FEMA
received five comments related to the rulemaking and one unrelated comment that was outside the scope of the rulemaking. The unrelated comment was an expression of the commenters political views and therefore not germane to this rule. FEMA does not consider the one unrelated comment in this preamble. In this final rule, FEMA
adopts the changes it proposed in the NPRM with some minor revisions in consideration of the related comments as well as Title 2 of the Code of Federal Regulations CFR part 200. FEMA
describes the comments received and changes to the final rule below.
II. Summary and Discussion of Public Comments FEMA received five written responses to the amendments to its Hazard Mitigation Assistance HMA program regulations. All commenters submitted responses online at regulations.gov.
FEMA reviewed each unique comment and considered whether to change the regulation in response to the comment.
A summary of each comment and FEMAs response is provided below.
Responses are listed in order of Docket ID number.
Individual Citizen, Docket ID FEMA
201900110003
This individual citizen recommended that FEMA eliminate the FMA program and reallocate those resources to be sites/default/files/2020-04/HMA_Guidance_
FY15.pdf last accessed Feb 5, 2021. FEMA is now updating its HMA regulations to reflect these changes.
2 42 U.S.C. 4001 et seq.

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available for the purposes of obtaining open space. FEMA appreciates this comment and recognizes the importance of maintaining open space as a critical component of many hazard mitigation programs; indeed, this is why the acquisition of open space is one of the eligible project types under FEMAs HMA programs. However, FEMA lacks authority to eliminate the FMA program because FEMA is required by statute to implement this program 42 U.S.C.
4104ca13. FEMA also recognizes that a one size fits all approach to hazard mitigation is not aligned with the comprehensive community and hazard mitigation planning processes.
Individual Citizen, Docket ID FEMA
201900110004
This individual citizen recommended that the definition of community be expanded to include community organizations. In response, FEMA notes that community is defined in statute in 42 U.S.C. 4104ch1 and as a result, FEMA cannot reinterpret, expand or change this definition. Although private nonprofits and other private sector entities such as businesses, industry associations, native corporations, and individuals are unable to apply for FEMAs HMA programs based on statute, FEMA encourages partnerships and recognizes that these entities can provide value to projects eligible for HMA funding.
The Association of State Floodplain Managers, Docket ID FEMA20190011
0005
The Association of State Floodplain Managers ASFPM is an organization of professionals involved in floodplain management, flood hazard mitigation, the flood insurance, and flood preparedness, warning and recovery.
The ASFPM Flood Mitigation Committee submitted a number of comments on behalf of the organization.
First, the ASFPM expressed concerns that the proposed 44 CFR 77.7b states that Pre-award costs can only be incurred during the open application period for the FMA program. Under FEMAs current practice, eligible preaward costs may be incurred prior to application submission limited by 44
CFR 79.8 to costs incurred during the open application period. However, it is not FEMAs intent to disallow otherwise
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