[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35020-35021]
[FR Doc No: 2013-13805]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14487-000]

FFP Project 56, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On February 1, 2013, FFP Project 56, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project
located at the U.S. Army Corps of Engineers' (Corps) Kentucky River
Lock & Dam 3, located on the Kentucky River near the town of

Monterey in Henry and Owen Counties, Kentucky. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would consist of the following: (1) A 310-
foot-long, 140-foot-wide intake channel with a 125-foot-long retaining
wall; (2) a 150-foot-long, 100-foot-wide powerhouse containing two
generating units with a total capacity of 7.1 megawatts; (3) a 260-
foot-long, 130-foot-wide tailrace with a 125-foot-long retaining wall;
(4) a 4.16/34.5 kilo-volt (kV) substation; (5) a 5.5-mile-long, 34.5kV
transmission line. The proposed project would have an average annual
generation of 28,100 megawatt-hours, and operate as directed by the
Corps.
    Applicant Contact: Ms. Ramya Swaminathan, Free Flow Power
Corporation, 239 Causeway Street, Suite 300, Boston, MA 02114. (978)
283-2822.
    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14487) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 5, 2013.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-13805 Filed 6-10-13; 8:45 am]
BILLING CODE 6717-01-P


Office. An Injured Person who elects to accept an award under the Act
is barred from accepting an award pursuant to a claim under the Federal
Tort Claims Act or a civil action against the United States or any
employee, officer, or agency of the United States arising out of or
relating to the same subject matter. Judicial review of FEMA decisions
under the Act is available.
    (b) The first step in the process is to file a Notice of Loss with
the Claims Office. The Claims Office will provide the claimant with a
written acknowledgement that the claim has been filed and a claim
number.
    (c) Shortly thereafter, a Claims Reviewer will contact the claimant
to review the claim. Claims Reviewer will help the claimant formulate a
strategy for obtaining any necessary documentation or other support.
This assistance does not relieve the claimant of their responsibility
for establishing all elements of the injuries and the compensatory
damages that are sought, including that the Hermit's Peak/Calf Canyon
Fire caused the injuries. After the claimant has had an opportunity to
discuss the claim with the Claims Reviewer, a Proof of Loss will be
presented to the claimant for signature. After any necessary
documentation has been obtained and the claim has been fully evaluated,
the Claims Reviewer will submit a report to the Authorized Official.
The Claims Reviewer is responsible for providing an objective
evaluation of the claim to the Authorized Official.
    (d) The Authorized Official will review the report and determine
whether compensation is due to the claimant. The claimant will be
notified in writing of the Authorized Official's determination. If the
claimant is satisfied with the decision, payment will be made after the
claimant returns a completed Release and Certification Form. If the
claimant is dissatisfied with the Authorized Official's determination,
an administrative appeal may be filed with the Director of the Claims
Office. If the claimant remains dissatisfied after the appeal is
decided, the dispute may be resolved through binding arbitration or
heard in the United States District Court for the District of New
Mexico.

Sec. Sec.  296.6-296.9  [Reserved]

Subpart B--Bringing a Claim Under the Hermit's Peak/Calf Canyon
Fire Assistance Act

Sec.  296.10  Filing a claim under the Hermit's Peak/Calf Canyon Fire
Assistance Act.

    (a) Any Injured Person may bring a claim under the Act by filing a
Notice of Loss. A claim submitted on any form other than a Notice of
Loss will not be accepted. The claimant must provide a brief
description of each injury on the Notice of Loss.
    (b) A single Notice of Loss may be submitted on behalf of a
household containing Injured Persons provided that all Injured Persons
on whose behalf the claim is presented are identified.
    (c) The Notice of Loss must be signed by each claimant, if the
claimant is an individual, or by a duly authorized legal representative
of each claimant, if the claimant is an entity or an individual who
lacks the legal capacity to sign the Notice of Loss. If one is signing
a Notice of Loss as the legal representative of a claimant, the signer
must disclose their relationship to the claimant. FEMA may require a
legal representative to submit evidence of their authority to act.
    (d) The Claims Office will provide Notice of Loss forms through the
mail, electronically, in person at the Claims Office or by telephone
request. The Notice of Loss form can also be downloaded from the
internet at https://www.fema.gov/hermits-peak.
    (e) A Notice of Loss may be filed with the Claims Office by mail,
electronically, or in person. Details regarding the filing process can
be found at https://www.fema.gov/hermits-peak.
    (f) A Notice of Loss that is completed and properly signed is
deemed to be filed on the date it is received and acknowledged by the
Claims Office.

Sec.  296.11  Deadline for notifying FEMA of injuries.

    The deadline for filing a Notice of Loss is November 14, 2024.
Except as provided in Sec.  296.35 with respect to a request to reopen
a claim, an injury that has not been described: on a Notice of Loss, on
a supplement to a Notice of Loss or a request to supplement a Notice of
Loss under Sec.  296.34 received by the Claims Office on or before
November 14, 2024 cannot be compensated under the Act. The Act
establishes this deadline and does not provide any extensions of the
filing deadline.

Sec.  296.12  Election of remedies.

    (a) An Injured Person who accepts a final award under the Act
waives the right to pursue all claims for injuries arising out of or
relating to the same subject matter against the United States or any
employee, officer, or agency of the United States through the Federal
Tort Claims Act or a civil action authorized by any other provision of
law.
    (b) An Injured Person who accepts a final award through a Federal
Tort Claims Act claim or a civil action against the United States or
any employee, officer, or agency of the United States relating to the
Hermit's Peak/Calf Canyon Fire waives the right to pursue any claim
arising out of or relating to the same subject matter under the Act.

Sec.  296.13  Subrogation.

    An insurer or other third party with the rights of a subrogee, who
has compensated an injured person for Hermit's Peak/Calf Canyon Fire
related injuries, may file a Notice of Loss under the Act for the
subrogated claim. A subrogee may file a Notice of Loss without regard
to whether the Injured Person who received payment from the subrogee
filed a Notice of Loss. A Subrogation Notice of Loss should be filed
after the subrogee has made all payments that it believes the Injured
Person is entitled to receive for Hermit's Peak/Calf Canyon Fire
related injuries under the terms of the insurance policy or other
agreement between the subrogee and the Injured Person, but not later
than November 14, 2024. By filing a Notice of Loss for any subrogated
claim, the subrogee elects the Act as its exclusive remedy against the
United States or any employee, officer, or agency of the United States
for all subrogated claims arising out of the Hermit's Peak/Calf Canyon
Fire. Subrogation claims must be made on a Notice of Loss form
furnished by the Claims Office and such claims will be paid only after
paying claims submitted by injured persons that are not insurance
companies seeking payment as subrogees.

Sec.  296.14  Assignments.

    Assignment of claims and the right to receive compensation for
claims under the Act is prohibited and will not be recognized by FEMA.

Sec. Sec.  296.15-296.19  [Reserved]

Subpart C--Compensation Available Under the Hermit's Peak/Calf
Canyon Fire Assistance Act

Sec.  296.20  Prerequisite to compensation.

    In order to receive compensation under the Act, a claimant must be
an Injured Person who suffered an injury as a result of the Hermit's
Peak/Calf Canyon Fire and sustained damages.

Sec.  296.21  Allowable damages.

    (a) Allowable damages. The Act provides for the payment of actual
compensatory damages for injury or loss of property, business loss, and
financial loss. The laws of the State of New Mexico will apply to the
calculation of damages. Damages must be reasonable in amount.
    (b) Exclusions. Punitive damages, statutory damages under section
30-32-4 of the New Mexico Statutes Annotated (2019), interest on
claims, attorney's fees and agents' fees incurred in prosecuting a
claim under the Act or an insurance policy, and adjusting costs
incurred by an insurer or other third party with the rights of a
subrogee that may be owed by a claimant as a consequence of receiving
an award are not recoverable from FEMA. The cost to a claimant of
prosecuting a claim under the Act does not constitute compensatory
damages and is not recoverable from FEMA, except as provided in Sec.
296.31(b).
    (c) Loss of property. Compensatory damages may be awarded for an
uninsured or underinsured property loss, a decrease in the value of
real property, damage to physical infrastructure, cost resulting from
lost subsistence, cost of reforestation or revegetation not covered by
any other Federal program, and any other loss that the Administrator
determines to be appropriate for inclusion as a loss of property.
    (1) Real property and contents. Compensatory damages for the damage
or destruction of real property and its contents may include the
reasonable cost of reconstruction of a structure comparable in design,
construction materials, size, and improvements, taking into account
post-fire construction costs in the community in which the structure
existed before the fire and current building codes and standards.
Compensatory damages may also include the cost of removing debris and
burned trees, including hazardous materials or soils, stabilizing the
land, replacing contents, and compensation for any decrease in the
value of land on which the structure sat pursuant to paragraph (c)(3)
of this section.
    (2) Reforestation and revegetation. Compensatory damages may be
awarded for the cost of replacement of destroyed trees and landscaping.
    (3) Decrease in the value of real property. Compensatory damages
may be awarded for a decrease in the value of real property that a
claimant owned before the Hermit's Peak/Calf Canyon Fire if:
    (i) The claimant sells the real property in a good faith, arm's
length transaction that is closed no later than November 14, 2024 and
realizes a loss in the pre-fire value; or
    (ii) The claimant can establish that the value of the real property
was significantly diminished long-term as a result of the Hermit's
Peak/Calf Canyon Fire.
    (4) Subsistence. Compensatory damages will be awarded for lost
Subsistence Resources.
    (i) FEMA may reimburse an injured party for the reasonable cost of
replacing Subsistence Resources customarily and traditionally used by
the claimant on or before April 6, 2022, but no longer available to the
claimant as a result of the Hermit's Peak/Calf Canyon Fire. For each
category of Subsistence Resources, the claimant must elect to receive
compensatory damages either for the increased cost of obtaining
Subsistence Resources from lands not damaged by the Hermit's Peak/Calf
Canyon Fire or for the cost of procuring substitute resources in the
cash economy.
    (ii) FEMA may consider evidence submitted by claimants, Indian
Tribes, and other knowledgeable sources in determining the nature and
extent of a claimant's subsistence uses.
    (iii) Compensatory damages for subsistence losses will be paid for
the period between April 6, 2022 and the date when Subsistence
Resources can reasonably be expected to return to the level of
availability that existed before the Hermit's Peak/Calf Canyon Fire.
FEMA may rely upon the advice of experts in making this determination.
    (iv) Long-term damage awards for subsistence resources will be made
to claimants in the form of lump sum cash payments.
    (5) Physical infrastructure. Compensatory damages may be awarded
for the damage to physical

infrastructure, including damages to irrigation infrastructure such as
acequia systems.
    (d) Business loss. Compensatory damages may be awarded for damage
to tangible assets or inventory, including timber, crops, and other
natural resources; business interruption losses; overhead costs;
employee wages for work not performed; loss of business net income; and
any other loss that the Administrator determines to be appropriate for
inclusion as a business loss.
    (e) Financial loss. Compensatory damages may be awarded for
increased mortgage interest costs, insurance deductibles, temporary
living or relocation expenses, lost wages or personal income, emergency
staffing expenses, debris removal and other cleanup costs, costs of
reasonable heightened risk reduction, premiums for flood insurance, and
any other loss that the Administrator determines to be appropriate for
inclusion as financial loss.
    (1) Recovery loans. FEMA will reimburse claimants awarded
compensation under the Act for interest paid on loans, including Small
Business Administration disaster loans obtained after April 6, 2022 for
damages resulting from the Fire. Interest will be reimbursed for the
period beginning on the date that the loan was taken out and ending on
the date when the claimant receives a compensation award (other than a
partial payment). Claimants are required to use the proceeds of their
compensation award to repay Small Business Administration disaster
loans. FEMA will cooperate with the Small Business Administration to
formulate procedures for assuring that claimants repay Small Business
Administration disaster loans contemporaneously with the receipt of
their compensation award.
    (2) Flood insurance. FEMA will reimburse claimants for flood
insurance premiums to be paid on or before May 31, 2024 if, as a result
of the Hermit's Peak/Calf Canyon Fire, a claimant who was not required
to purchase flood insurance before the Hermit's Peak/Calf Canyon Fire
is required to purchase flood insurance or the claimant did not
maintain flood insurance before the Fire but purchased flood insurance
after the Fire due to fear of heightened flood risk. Alternatively,
FEMA may provide flood insurance to such claimants directly through a
group or blanket policy.
    (3) Out of pocket expenses for treatment of mental health
conditions. FEMA may reimburse an individual claimant for reasonable
out of pocket expenses incurred for treatment of a mental health
condition rendered by a licensed mental health professional, which
condition resulted from or was worsened by the Hermit's Peak/Calf
Canyon Fire. FEMA will not reimburse for treatment identified after
November 14, 2024
    (4) Donations. FEMA will compensate claimants for the cost of
merchandise, use of equipment or other non-personal services, directly
or indirectly donated to survivors of the Hermit's Peak/Calf Canyon
Fire not later than November 14, 2022. Donations will be valued at
cost.
    (5) Heightened risk reduction. FEMA will reimburse claimants for
the costs incurred to implement reasonable measures necessary to reduce
risks from natural hazards heightened by the Hermit's Peak/Calf Canyon
Fire to the level of risk prevailing before the Hermit's Peak/Calf
Canyon Fire. Such measures may include, for example, risk reduction
projects that reduce an increased risk from flooding, mudslides, and
landslides in and around burn scars. Claimants seeking compensation for
heightened risk reduction must include the claim in their Notice of
Loss by November 14, 2024 or an amended Notice of Loss filed no later
than November 14, 2025. Claimants should take into account current
building codes and standards and must complete the risk reduction
project for which they receive compensation.
    (f) Insurance and other benefits. The Act allows FEMA to compensate
Injured Persons only for damages not paid, and that will not be paid,
by insurance or other third-party payments or settlements.
    (1) Insurance. Claimants who carry insurance will be required to
disclose the name of the insurer(s) and the nature of the insurance and
provide the Claims Office with such insurance documentation as the
Claims Office reasonably requests.
    (2) Coordination with FEMA's Public Assistance Program. Injured
Persons eligible for disaster assistance under FEMA's Public Assistance
Program are expected to apply for all available assistance. Pursuant to
the Act, the Federal share of the costs for Public Assistance projects
is 100 percent. Compensation will not be awarded under the Act for
injuries or costs that are eligible under the Public Assistance
Program.
    (3) Benefits provided by FEMA's Individual Assistance program.
Compensation under the Act will not be awarded for injuries or costs
that have been reimbursed under the Federal Assistance to Individual
and Households Program or any other FEMA Individual Assistance Program.
    (4) Worker's compensation claims. Individuals who have suffered
injuries that are compensable under State or Federal worker's
compensation laws must apply for all benefits available under such
laws.
    (5) Benefits provided by non-governmental organizations and
individuals. Gifts or donations made to a claimant by a non-
governmental organization or an individual, other than wages paid by
the claimant's employer or insurance payments, will be disregarded in
evaluating claims and need not be disclosed to the Claims Office by
claimants.

Sec.  296.22-296.29  [Reserved]

Subpart D--Claims Evaluation

Sec.  296.30  Establishing injuries and damages.

    (a) Burden of proof. The burden of proving injuries and damages
rests with the claimant. A claimant may submit for the Administrative
Record a statement explaining why the claimant believes that the
injuries and damages are compensable and any documentary evidence
supporting the claim. Claimants will provide documentation, which is
reasonably available, including photographs and video, to corroborate
the nature, extent, and value of their injuries and/or to execute
affidavits in a form established by the Claims Office. FEMA may
compensate a claimant for an injury in the absence of supporting
documentation, in its discretion, on the strength of an affidavit or
Proof of Loss executed by the claimant, if documentary evidence
substantiating the injury is not reasonably available. FEMA may also
require an inspection of real property. FEMA may request that a
business claimant execute an affidavit, which states that the claimant
will provide documentary evidence, including but not limited to income
tax returns, if requested by the DHS Office of the Inspector General or
the Government Accountability Office during an audit of the claim.
    (b) Proof of Loss. All claimants are required to attest to the
nature and extent of each injury for which compensation is sought in
the Proof of Loss. The Proof of Loss, which will be in a form specified
by the Claims Office, must be signed by the claimant or the claimant's
legal representative if the claimant is not an individual or is an
individual who lacks the legal capacity to execute the Proof of Loss.
The Proof of Loss must be signed under penalty of perjury. Non-
subrogation claimants should submit a signed Proof of Loss to the
Claims Office not later than 150 days after the date when the Notice of

Loss was submitted. This deadline may be extended at the discretion of
the Director of the Claims Office for good cause. If a non-subrogation
claimant fails to submit a signed Proof of Loss within the timeframes
set forth in this section and does not obtain an extension from the
Director of the Claims Office, the Claims Office may administratively
close the claim and require the claimant to repay any partial payments
made on the claim. Subrogation claimants will submit the Proof of Loss
contemporaneously with filing the Notice of Loss.
    (c) Release and Certification Form. All claimants who receive
compensation under the Act are required to sign a Release and
Certification Form, including for partial payments under Sec.  296.33.
The Release and Certification Form must be executed by the claimant or
the claimant's legal representative if the claimant is an entity or
lacks the legal capacity to execute the Release and Certification Form.
A Release and Certification Form must be received by the Claims Office
before the Claims Office provides payment on the claim. The United
States will not attempt to recover compensatory damages paid to a
claimant who has executed and returned a Release and Certification Form
within the periods provided above, except in the case of fraud or
misrepresentation by the claimant or the claimant's representative,
failure of the claimant to cooperate with an audit as required by Sec.
296.36 or a material mistake by FEMA.
    (d) Authority to settle or compromise claims. Notwithstanding any
other provision of this part, the Director of the Claims Office may
extend an offer to settle or compromise a claim or any portion of a
claim at any time during the process outlined in this part, which if
accepted by the claimant will be binding on the claimant and on the
United States, except that the United States may recover funds
improperly paid to a claimant due to fraud or misrepresentation on the
part of the claimant or the claimant's representative, a material
mistake on FEMA's part or the claimant's failure to cooperate in an
audit as required by Sec.  296.36.

Sec.  296.31  Reimbursement of claim expenses.

    (a) FEMA will reimburse claimants for the reasonable costs they
incur in providing documentation requested by the Claims Office. FEMA
will also reimburse claimants for the reasonable costs they incur in
providing appraisals, or other third-party opinions that the Claims
Office deems necessary to determine the amount of the claim. FEMA will
not reimburse claimants for the cost of appraisals or other third-party
opinions not deemed necessary by the Claims Office.
    (b) FEMA will provide a lump sum payment for incidental expenses
incurred in claims preparation to claimants that are awarded
compensatory damages under the Act after a properly executed Release
and Certification Form has been returned to the Claims Office. The
amount of the lump sum payment will be the greater of $150 or 5% of the
Act's compensatory damages and insurance proceeds recovered by the
claimant for Hermit's Peak/Calf Canyon Fire related injuries (not
including the lump sum payment or monies reimbursed under the Act for
the purchase of flood insurance) but will not exceed $25,000.
Subrogation claimants and claimants whose only Hermit's Peak/Calf
Canyon Fire related loss is for flood insurance premiums will not be
eligible.

Sec.  296.32  Determination of compensation due to claimant.

    (a) Authorized Official's report. After the Claims Office has
evaluated all elements of a claim as stated in the Proof of Loss, the
Authorized Official will issue, and provide the claimant with a copy
of, the Authorized Official's determination.
    (b) Claimant's options upon issuance of the Authorized Official's
determination. Not later than 120 days after the date that appears on
the Authorized Official's determination, the claimant must either
accept the determination by submitting a Release and Certification Form
to FEMA and/or initiate an Administrative Appeal in accordance with
Sec.  296.41. Claimants must sign the Release and Certification Form to
receive payment on their claims (including for partial payments). The
claimant will receive payment of compensation awarded by the Authorized
Official after FEMA receives the completed Release and Certification
Form. If the claimant does not either submit a Release and
Certification Form to FEMA or initiate an Administrative Appeal no
later than 120 days after the date that appears on the Authorized
Official's determination, the claimant will be conclusively presumed to
have accepted the Authorized Official's determination. The Director of
the Claims Office may modify the deadlines set forth in this subsection
at the request of a claimant for good cause shown.

Sec.  296.33  Partial payments.

    The Claims Office at the request of a claimant may make one or more
partial payments on any aspect of a claim that is severable. Receipt by
a claimant of a partial payment is contingent on the claimant signing a
Release and Certification Form for the severable part of the claim for
which partial payment is being made. Acceptance of a partial payment in
no way affects a claimant's ability to pursue an Administrative Appeal
of the Authorized Official's determination or to pursue other rights
afforded by the Act with respect to any portion of a claim for which a
Release and Certification Form has not been executed. The Claims Office
decision on whether to provide a partial payment cannot be appealed.

Sec.  296.34  Supplementing claims.

    A claimant may amend the Notice of Loss to include additional
claims at any time before signing a Proof of Loss. After the claimant
has submitted a Proof of Loss and before submission of a Release and
Certification Form, a claimant may request that the Director of the
Claims Office consider one or more injuries not addressed in the Proof
of Loss. The request must be submitted in writing to the Director of
the Claims Office and received not later than the deadline for filing
an Administrative Appeal under Sec.  296.32 or November 14, 2024,
whichever is earlier. It must be supported by the claimant's
explanation of why the injury was not previously reported. If good
cause is found to consider the additional injury, the Director will
determine whether compensation is due to the claimant for the Loss
under the Administrative Appeal procedures described in Sec.  296.41.

Sec.  296.35  Reopening a claim.

    The Director of the Claims Office may reopen a claim if requested
to do so by the claimant, notwithstanding the submission of the Release
and Certification Form, for the limited purpose of considering issues
raised by the request to reopen if, not later than November 14, 2025,
the claimant desires heightened risk reduction compensation in
accordance with Sec.  296.21(e)(5) or the claimant closed the sale of
real property and wishes to present a claim for decrease in the value
of the real property under Sec.  296.21(c)(3). Claimants may request to
reopen claims where the claimant has incurred additional losses under
Sec.  296.21(c)(1) as part of a reconstruction in excess of those
previously awarded or the Director of the Claims Office otherwise
determines that claimant has demonstrated good cause no later than the
deadline established by the Director of the Claims Office as published
in the Federal

Register and at https://www.fema.gov/hermits-peak.

Sec.  296.36  Access to records.

    For purpose of audit and investigation, a claimant will grant the
DHS Office of the Inspector General and the Comptroller General of the
United States access to any property that is the subject of a claim and
to any and all books, documents, papers, and records (including any
relevant tax records) maintained by a claimant or under the claimant's
control pertaining or relevant to the claim.

Sec.  296.37  Confidentiality of information.

    Confidential information submitted by individual claimants is
protected from disclosure to the extent permitted by the Privacy Act.
These protections are described in the Privacy Act Notice provided with
the Notice of Loss. Other claimants should consult with FEMA concerning
the availability of confidentiality protection under exemptions to the
Freedom of Information Act and other applicable laws before submitting
confidential, proprietary or trade secret information.

Sec.  296.38-296.39  [Reserved]

Subpart E--Dispute Resolution

Sec.  296.40  Scope.

    This subpart describes a claimant's right to bring an
Administrative Appeal in response to the Authorized Official's
Determination. It also describes the claimant's right to pursue
arbitration or seek judicial review following an Administrative Appeal.

Sec.  296.41  Administrative appeal.

    (a) Notice of appeal. A claimant may request that the Director of
the Claims Office review the Authorized Official's determination by
written request to the Appeals Docket, Office of Hermit's Peak/Calf
Canyon Claims, postmarked or delivered within 120 days after the date
that appears on the Authorized Official's determination pursuant to
Sec.  296.32. The claimant will submit along with the notice of appeal
a statement explaining why the Authorized Official's determination was
incorrect. Information regarding where to file can be found at http://www.fema.gov/hermits-peak.
    (b) Acknowledgement of appeal. The Claims Office will acknowledge
receipt of an appeal. Following the receipt of a timely filed appeal,
the Director of the Claims Office will obtain the Administrative Record
from the Authorized Official and transmit a copy to the claimant.
    (c) Supplemental filings. The claimant may supplement their
statement accompanying the appeal and provide any additional
documentary evidence supporting the appeal within 60 days after the
date when the appeal is filed. The Director of the Claims Office may
extend these timeframes or authorize additional filings either on their
own initiative or in response to a request by the claimant for good
cause shown.
    (d) Admissible evidence. The claimant may rely upon any relevant
evidence to support the appeal, regardless of whether the evidence was
previously submitted to the Claims Reviewer for consideration by the
Authorized Official.
    (e) Obtaining evidence. The Director of the Claims Office may
request from the claimant or from the Authorized Official any
additional information that is relevant to the issues posed by the
appeal in their discretion.
    (f) Conferences. The Director of the Claims Office may schedule a
conference to gain a better understanding of the issues or to explore
settlement or compromise possibilities. The claimant may also request a
conference. Conferences will generally be conducted virtually. In
limited circumstances, the Director may convene an in-person conference
at a location in New Mexico designated by the Director. A claimant may
request that the Director of the Claims Office appoint a mediator at
FEMA's expense to facilitate such conferences.
    (g) Hearings. The Director of the Claims Office may exercise the
discretion to convene an informal hearing to receive oral testimony
from witnesses or experts. The rules under which hearings will be
conducted will be established by the Director of the Claims Office and
provided to the claimant. Formal rules of evidence applicable to court
proceedings will not be used in hearings under this subsection.
Hearings will generally be conducted virtually, be transcribed, and the
transcript will be entered in the Administrative Record. In limited
circumstances, the Director may convene an in-person hearing at a
location in New Mexico designated by the Director.
    (h) Decision on appeal. After the allotted time for submission of
evidence has passed, the Director of the Claims Office will close the
Administrative Record and render a written decision on the
Administrative Appeal. The Director of the Claims Office's decision on
the Administrative Appeal will constitute the final decision of the
Administrator of FEMA under sections 104(d)(2)(B) and 104(i)(1) of the
Act.
    (i) Claimant's options following appeal. The claimant's concurrence
with the decision in the Administrative Appeal will be conclusively
presumed unless the claimant initiates arbitration in accordance with
Sec.  296.42 or seeks judicial review in accordance with Sec.  296.43.
If the claimant concurs with the Director's determination, payment of
any additional damages awarded by the Director will be made to the
claimant upon receipt of a properly executed Release and Certification
Form.

Sec.  296.42  Arbitration.

    (a) Initiating arbitration. A claimant who is dissatisfied with the
outcome of the Administrative Appeal may elect to submit the dispute to
a binding arbitration process. A claimant may initiate arbitration by
submitting a written request to the Arbitration Administrator for
Hermit's Peak/Calf Canyon Claims. Additional information regarding how
to submit a written arbitration request can be found at http://www.fema.gov/hermits-peak. The written request for arbitration must be
electronically stamped or postmarked no later than 60 days after the
date that appears on the Administrative Appeal decision.
    (b) Permissible claims. A claimant may not arbitrate an issue
unless it was raised and decided in the Administrative Appeal.
Arbitration will be conducted on the evidence in the Administrative
Record. Evidence not previously entered into the Administrative Record
will not be considered.
    (c) Selection of arbitrator. The Arbitration Administrator will
maintain a list of qualified arbitrators who have agreed to serve. The
arbitration will be decided by one arbitrator if the amount in dispute
is $500,000 or less and a panel of three arbitrators if the amount in
dispute exceeds $500,000. Arbitrators will be assigned by the
Arbitration Administrator through a random drawing.
    (d) Conduct of arbitration. Pursuant to guidelines from the
Arbitration Administrator, which will be provided directly to claimants
who have filed a request for arbitration, the arbitration process will
include an arbitration hearing with consideration of the claimant's
written request for arbitration, the Administrative Record, and oral
testimony. Hearings will generally be conducted virtually. In limited
circumstances, the arbitrator may convene an in-person hearing at a
location in New Mexico designated by the Arbitration Administrator.
    (e) Decision. After a hearing and reviewing the evidence, the
arbitrator(s)

will render a written decision and will transmit the decision to the
Arbitration Administrator, the claimant, and the Director of the Claims
Office. If a panel of three arbitrators conducts the arbitration, at
least two of the three arbitrators must sign the decision. The
arbitrator(s) should render a decision no later than 10 Days after a
hearing is concluded. The Arbitration Administrator may extend the time
for a decision with notice to the claimant and the Director of the
Claims Office. The decision will establish the compensation due to the
claimant, if any, and the reasons therefor.
    (f) Action on arbitration decision. The Arbitration Administrator
will forward the arbitration decision to the claimant and, if
additional compensation is awarded to the claimant, a Release and
Certification Form. Additional compensation awarded in the arbitration
will be paid to the claimant after the signed Release and Certification
Form is received by the Arbitration Administrator.
    (g) Final decision. The decision of the arbitrator(s) will be final
and binding on all parties and will not be subject to any
administrative or judicial review. The arbitrator(s) may correct
clerical, typographical or computational errors as requested by the
Arbitration Administrator.
    (h) Administration of arbitration. The Arbitration Administrator
oversees arbitration procedures and will resolve any procedural
disputes arising in the course of the arbitration.
    (i) Expenses. The Arbitration Administrator will pay all fees and
expenses of the arbitrator(s). The claimant is responsible for any
expenses they incur, including travel costs.

Sec.  296.43  Judicial review.

    As an alternative to arbitration, a claimant dissatisfied with the
outcome of an Administrative Appeal may seek judicial review of the
decision by bringing a civil lawsuit against FEMA in the United States
District Court for the District of New Mexico. This lawsuit must be
brought within 60 Days of the date that appears on the Administrative
Appeal decision. Pursuant to section 104(i) of the Act, the court may
only consider evidence in the Administrative Record. The court will
uphold FEMA's decision if it is supported by substantial evidence on
the record considered as a whole.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-18457 Filed 8-28-23; 8:45 am]
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[ Federal Register: December 11, 2002 ( Volume 67, Number 238)] [ Notices] [ Page 76179] From the Federal Register Online via GPO Access [ wais. access. gpo. gov] [ DOCID: fr11de02 37]

ENVIRONMENTAL PROTECTION AGENCY [ OPP 2002 0285; FRL 7285 4]

Draft Guidance on How to Comply with Data Citation Regulations; Extension of Comment Period AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice; extension of comment period.

SUMMARY: EPA issued a notice in theFederal Register of November 13, 2002, titled `` Draft Guidance on How to Comply with Data Citation Regulations.'' This document is extending the comment period for 30 days, from December 13, 2002, to January 12, 2003.

DATES: Comments, identified by docket ID number OPP 2002 0285 must be received on or before January 12, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. C. of the SUPPLEMENTARY INFORMATION of the November 13, 2002 Federal Register document.

FOR FURTHER INFORMATION CONTACT: Peter Caulkins, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460 0001; telephone number: ( 703) 305 5447; e mail address: caulkins. peter@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

The Agency included in the November 13, 2002 Federal Register notice a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP 2002 0285. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305 5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number.

C. How and to Whom Do I Submit Comments?

To submit comments, or access the official public docket, follow the detailed instructions as provided in Unit I. C. of theSUPPLEMENTARY INFORMATION of the November 13, 2002Federal Register document. If you have questions, consult the person listed under FOR FURTHER INFORMATION CONTACT.

II. What Action is EPA Taking?

This document extends the public comment period established in theFederal Register of November 13, 2002 ( 67 FR 68866) ( FRL 7278 1). In that document, EPA announcedthe availability of draft guidance on how to comply with the Agency's data citation requirements for registration of new pesticide products under the Federal Insecticide, Fungicide, and Rodenticide Act. The draft quidance will assist applicants in complying with the data citation requirements that ultimately would result in fewer delays in the registration process. EPA is hereby extending the comment period, which was set to end on December 13, 2002, to January 12, 2003.

List of Subjects Environmental protection, Administrative practice and procedures, Pesticides and pests.

Dated: December 4, 2002. Peter Caulkins, Director, Registration Division, Office of Pesticide Programs. [ FR Doc. 02 31164 Filed 12 6 02; 10: 10 am]

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