[Federal Register: August 31, 2009 (Volume 74, Number 167)]
[Rules and Regulations]
[Page 44761-44769]
[DOCID:fr31au09-10]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 206

[Docket ID FEMA-2009-0006]
RIN 1660-AA63

Arbitration for Public Assistance Determinations Related to
Hurricanes Katrina and Rita (Disasters DR-1603, DR-1604, DR-1605, DR-
1606, and DR-1607)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the American Recovery and Reinvestment Act of 2009
(ARRA), this final rule establishes an option for arbitration under the
Public Assistance program administered by the Federal Emergency
Management Agency. Public Assistance grant award determinations related
to Hurricanes Katrina and Rita under major disaster declarations DR-
1603, DR-1604, DR-1605, DR-1606, and DR-1607 are eligible for
arbitration, within the limits set by this rule.

DATES: Effective Date: August 31, 2009.

FOR FURTHER INFORMATION CONTACT: Tod Wells, Deputy Director, Public
Assistance Division, Federal Emergency Management Agency, 500 C Street,
SW., Washington DC, 20472-3100, (phone)<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

A. Public Assistance Process for Project Approval

    Under the Public Assistance program, authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act \1\ (Stafford
Act), the Federal Emergency Management Agency (FEMA) awards grants to
State and local governments, Indian Tribal governments, and certain
private nonprofit organizations (``eligible applicant''--44 CFR
206.222) to assist them to respond to and recover from Presidentially-
declared emergencies and major disasters as quickly as possible.
Specifically, the program provides assistance for debris removal,
emergency protective measures, and permanent restoration of
infrastructure. When the President declares an emergency or major
disaster declaration for a State, authorizing the Public Assistance
program, an eligible applicant may apply for Public Assistance. The
applicant submits a Request for Public Assistance (FEMA Form 90-49) to
FEMA through the Grantee, which is usually the State, but may be an
Indian Tribal government. An eligible applicant may be a State agency,
a local or Tribal government, or a private nonprofit organization. See
44 CFR 206.222. Upon award, the Grantee notifies the applicant of the
award, and the applicant becomes a subgrantee.
---------------------------------------------------------------------------

    \1\ Disaster Relief Act of 1974, Public Law 93-288, 88 Stat. 143
(May 22, 1974), as amended, 42 U.S.C. 5121 et seq.
---------------------------------------------------------------------------

    The basis for the Public Assistance grant is a project worksheet.
The project worksheet documents the details of the project, which is a
logical grouping of work required as a result of a declared major
disaster or emergency. A project may include eligible work at several
sites, and may include more than one project worksheet. A project
worksheet is the primary form used to document the location, damage
description and dimensions, scope of work, and cost estimate for each
project. The Office of Management and Budget has approved the project
worksheet form (FEMA Form 90-91) under information collection number
1660-0017. When the scope of work or estimated costs of a project
change, FEMA generates an additional version of the project worksheet.
It is not uncommon to have several versions of a project worksheet for
one project, as it may be difficult to predict costs and scope of work
at the beginning of a project.
    FEMA divides applications for Public Assistance into two groups--
large projects and small projects--based on the dollar amount of the
project. The threshold for large and small projects is adjusted
annually to reflect changes in the Consumer Price Index for All Urban
Consumers published by the United States Department of Labor. The
threshold for small projects in Fiscal Year 2005 (Hurricanes Katrina
and Rita occurred in Fiscal Year 2005) was $55,500. The project
worksheet process is slightly different for these two types of
projects. Since the arbitration process applies only to large projects
totaling more than $500,000, this rulemaking will address the process
for reviewing project worksheets for large projects.
    Project worksheets for large projects are developed by a FEMA
Project Specialist, working with the applicant/subgrantee, and are
submitted directly to a FEMA Public Assistance Coordinator (PAC) Crew
Leader for review and processing. Although large projects are funded on
documented actual costs, work typically is not complete at the time of
project approval. Therefore, FEMA obligates large project grants based
on estimated costs. The obligation process is the process by which
funds are made available to the Grantee. The funds reside in a Federal
account until drawn down by the Grantee and paid to the applicant/
subgrantee. When the applicant/subgrantee or Grantee disagree with
FEMA's determination about whether a cost is eligible for reimbursement
or reasonable, among other project worksheet determinations, FEMA
provides an appeals process to adjudicate such disputes.

B. Public Assistance Appeal Process Under 44 CFR 206.206

    Traditionally, under the appeals procedures in 44 CFR 206.206, an
eligible applicant, subgrantee, or Grantee may appeal any determination
made by FEMA related to an application for or the provision of Public
Assistance. There are two levels of appeal. The first level appeal is
to the FEMA Regional Administrator. The second level appeal is to the
FEMA Assistant Administrator for the Disaster Assistance Directorate.
Typical appeals involve disputes regarding whether an applicant,
facility, item of work, or project is eligible for Public Assistance,
whether approved costs are sufficient to complete the work, whether a
requested time extension was properly denied, whether a portion of the
cost claimed for the work is eligible, or whether the approved scope of
work is correct.
    An applicant/subgrantee appellant must file an appeal with the
Grantee within 60 days of the appellant's receipt of a notice of the
determination that is being appealed. The appellant must provide
documented justification to support the position of the appellant. This
documentation should specify the monetary amount in dispute and the
provisions in Federal law, regulation, or policy with which the
appellant believes the initial action was inconsistent. The Grantee
reviews and evaluates the appeal documentation. The Grantee then
prepares a written recommendation on the merits of the appeal and
forwards that recommendation to the FEMA Regional Administrator within
60 days of its receipt of the appeal. The Grantee need not endorse the
appeal position but must forward all appeals it receives.
    The Regional Administrator reviews the appeal and takes one of two
actions: (1) Renders a decision on the appeal and informs the Grantee
of the decision; or (2) requests additional information. The appellant
may be granted 60 days to provide any additional information, and the
Regional Administrator provides a

decision on the appeal within 90 days of receipt of that information.
If the appeal is granted, the Regional Administrator takes appropriate
action, such as approving additional funding, denying additional
funding, or sending a Project Specialist to meet with the appellant to
determine additional eligible funding.
    If the Regional Administrator denies the appeal, the appellant may
submit a second appeal. The appellant must submit the second appeal to
the Grantee within 60 days of receiving notice of the Regional
Administrator's decision. The Grantee must forward the second level
appeal with a written recommendation to the Regional Administrator
within 60 days of receiving the second appeal. The Regional
Administrator reviews the information provided with the second appeal
and requests additional information if necessary. The Regional
Administrator forwards the second appeal with a recommendation for
action to the FEMA Assistant Administrator as soon as practicable.
    The FEMA Assistant Administrator for the Disaster Assistance
Directorate reviews the second appeal and renders a decision or
requests additional information from the appellant. In a case involving
highly technical issues, FEMA may request an independent scientific or
technical analysis by a group or person having expertise in the subject
matter of the appeal. Upon receipt of requested information from the
appellant and any other requested reports, FEMA renders a decision on
the second appeal within 90 days. This decision constitutes the final
administrative decision of FEMA. See 44 CFR 206.206(e)(3).

C. The American Recovery and Reinvestment Act of 2009

    The President signed the American Recovery and Reinvestment Act of
2009 (ARRA or Act), Public Law 111-5, into law on February 17, 2009.
Section 601 of the ARRA requires the President to establish an
arbitration panel under FEMA's Public Assistance program to expedite
recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast
region. The ARRA further requires the arbitration panel to have
sufficient authority regarding the award or denial of disputed Public
Assistance applications for covered hurricane damage under sections
403, 406, or 407 of the Stafford Act. The ARRA limits arbitration to
projects that total more than $500,000. By memorandum dated August 6,
2009, the President assigned to the Secretary of the U.S. Department of
Homeland Security the function of the President under section 601. See
74 FR 40055 (Aug. 10, 2009).
    Three states in the Gulf Coast region have Public Assistance
project worksheets from Hurricane Katrina that are awaiting an initial
determination from FEMA: Louisiana, Mississippi, and Alabama. Two
states in the Gulf Coast region have Public Assistance project
worksheets from Hurricane Rita that are awaiting an initial
determination from FEMA: Louisiana and Texas. Any funding of these
project worksheets would be under the following major disaster
declarations: DR-1603 (Louisiana--Hurricane Katrina), DR-1604
(Mississippi--Hurricane Katrina), DR-1605 (Alabama--Hurricane Katrina),
DR-1606 (Texas--Hurricane Rita), and DR-1607 (Louisiana--Hurricane
Rita). Approximately 44 appeals are pending from these declarations.
Further, there are approximately 2,188 Public Assistance project
worksheets from Louisiana and Mississippi awaiting an initial
determination of eligibility under the Public Assistance program from
FEMA, which, if disputed, may be appealed. These project worksheets are
at various stages within the determination process. For example, some
are incomplete and awaiting further information from the applicant,
some are undergoing site visits, and some have additional versions
requiring FEMA review.

II. Discussion of the Rule

A. General

    This regulation is promulgated pursuant to section 601 of the ARRA
and establishes arbitration procedures to resolve outstanding disputes
regarding Public Assistance projects over $500,000 from the states of
Louisiana, Mississippi, Alabama, and Texas under the following
declarations: DR-1603, DR-1604, DR-1605, DR-1606, and DR-1607. Public
Assistance applicants/subgrantees under these declarations may request
arbitration in lieu of filing an appeal under 44 CFR 206.206 for any
determination made by FEMA that is eligible for appeal and meets the
$500,000 threshold. As discussed below, Public Assistance applicants/
subgrantees under these declarations who were engaged in the FEMA
appeals process as of February 17, 2009, and had not received a final
agency decision prior to February 17, 2009, may request arbitration in
lieu of the appeal, even if FEMA issued a final agency decision on the
appeal on or after February 17, 2009.

B. Applicability and Limitations

    The purpose of the ARRA is to expedite recovery efforts from
Hurricanes Katrina and Rita within the Gulf Coast region. Therefore,
the option for arbitration is limited to Public Assistance project
worksheets filed under one of the five major disaster declarations
declared for Hurricanes Katrina and Rita in the Gulf Coast region. In
addition, the total amount of the Public Assistance project must be
greater than $500,000. This dollar limitation is set by section 601 of
the ARRA and is not within FEMA's discretion.
    Arbitration is not an option if an agency decision became final
before February 17, 2009, the date when arbitration became a legal
option for Public Assistance applicants under the ARRA. For those
determinations made prior to February 17, 2009, FEMA has determined
that a final decision will exist in three instances: (1) When the
applicant/subgrantee did not file an appeal within the 60-day appeal
period; (2) when the applicant/subgrantee failed to file for a second
appeal within 60 days of denial of its first appeal; or (3) when FEMA
issued an appeal decision on a second appeal of the applicant/
subgrantee. See 44 CFR 206.206. If there was a final decision before
February 17, 2009, the applicant/subgrantee has exhausted its
administrative remedies and may not elect arbitration.
    The ARRA created the right to arbitration as of its effective date.
If the applicant/subgrantee is eligible to file an appeal under 44 CFR
206.206, or if a first or second level appeal was pending on or after
February 17, 2009, arbitration remains an option. Applicants/
subgrantees that had a first or second level appeal pending on or after
February 17, 2009, may choose arbitration, regardless of whether FEMA
has issued a decision on the appeal since the effective date of the
ARRA. However, if the applicant/subgrantee was eligible to appeal after
the effective date of the ARRA, but allowed the appeal period to expire
without filing an appeal, the applicant/subgrantee is not eligible to
file an appeal and, therefore, is not eligible for arbitration.
    The stated purpose of the ARRA arbitration provision is to
``expedite'' recovery efforts. Accordingly, a request for arbitration
is in lieu of filing or continuing an appeal under 44 CFR 206.206. The
use of only one review procedure, arbitration or appeal, is more
expeditious than two consecutive review procedures. The use of both
arbitration and the standard appeal process would lengthen, not
expedite, the recovery process. Arbitration and appeals each require
significant time to complete, and FEMA has determined going forward
that it would be contrary

to Congressional intent to allow applicants/subgrantees to pursue both
an appeal and arbitration.

C. Content of Request for Arbitration and Other Submissions

    A request for arbitration must contain a written statement and all
documentation supporting the applicant's or subgrantee's position. The
applicant/subgrantee may provide supporting documentation not
previously included in the project worksheet or the application to
FEMA. There is no limit on the amount of documentation that may be
provided. The request should include all information necessary for the
arbitration panel to make an informed decision. The request should
clearly set out the applicant's/subgrantee's position. The parties are
encouraged to describe their claims in sufficient detail to make the
circumstances of the dispute clear to the arbitration panel.
    Any party may be represented by counsel or another authorized
representative. If represented, the party must provide the name and
address of the representative to the other party, the Grantee, and the
arbitration panel.
    All papers, notices, or other documents submitted to the
arbitration panel by the applicant or subgrantee, the Grantee, or FEMA
must be simultaneously served on each party's authorized representative
or counsel. The submitting party must make such service by courier or
overnight delivery service (such as Federal Express, DHL, United Parcel
Service, or the United States Postal Service overnight delivery),
addressed to the party, representative, or counsel, as applicable, at
its last known address.

D. Submission of the Request for Arbitration

    An applicant/subgrantee must submit a request for arbitration
simultaneously to the Grantee, the applicable FEMA Regional
Administrator, and the arbitration administrator. FEMA will post an
address, phone number, and fax number for the arbitration administrator
on FEMA's Web site at http://www.fema.gov. Consistent with the Section
B above, any application or project worksheet totaling more than
$500,000 that is eligible for appeal is eligible for arbitration.
    If there is a first or second level appeal pending with FEMA, or if
FEMA issued a decision on a first or second level appeal on or after
February 17, 2009, the applicant/subgrantee must submit the request for
arbitration, as well as a withdrawal of the pending appeal, if
applicable, simultaneously to the Grantee, the applicable FEMA Regional
Administrator, and the arbitration administrator by October 30, 2009.
Otherwise, if the applicant/subgrantee seeks arbitration, it must
request arbitration in writing to the Grantee within 30 calendar days
after receipt of notice of the determination that is the subject of the
arbitration request, or by September 30, 2009, whichever is later.
Issues that may be arbitrated would be the same as those that are
normally subject to appeal, provided the total amount of the project is
greater than $500,000. As an example, a subgrantee could appeal the
amount of the FEMA-approved costs, where the subgrantee believes the
eligible amount should be greater. Examples of second appeals can be
found at http://www.fema.gov/appeals/.

E. Submission by the Grantee

    Within 15 calendar days of receipt of the applicant's or
subgrantee's request for arbitration, the Grantee may forward a written
recommendation in support or opposition of the applicant's or
subgrantee's request simultaneously to the FEMA Regional Administrator,
the arbitration administrator, and the applicant. In addition, the
Grantee must forward the name and address of the Grantee's authorized
representative or counsel.
    In selecting 15 calendar days, FEMA is implementing the intent of
the ARRA. The Act specifically requires the arbitration process to
``expedite'' recovery efforts from Hurricanes Katrina and Rita. A 15-
calendar-day time limit is intended to expedite the resolution of the
applicant's or subgrantee's dispute. However, this 15-day time period
will allow sufficient time for the Grantee to review the request and
prepare a recommendation without delaying the arbitration process.

F. Submission of FEMA's Response

    Within 30 calendar days of receipt of the applicant's or
subgrantee's request, FEMA will simultaneously submit a response in
support of its position, a copy of the project worksheet(s), and any
supporting information to the arbitration administrator, the Grantee,
and the applicant/subgrantee.

G. Selection of Arbitrators

    The arbitration panels will be composed of three judges drawn from
the Federal pool of current and senior administrative law judges and
other similar officials serving in adjudicative capacities on boards,
commissions and agencies. Each panel will be selected by the
arbitration administrator. The individuals assigned to any one panel
may change from case to case, as assigned by the arbitration
administrator. The arbitration administrator will notify all parties to
the arbitration of the names and identities of the arbitrators selected
for the panel.

H. Preliminary Conference

    Within 10 business days of the panel's receipt of FEMA's response
to the request for arbitration, a preliminary conference will be held
by telephone with the arbitrators, the parties and/or their
representatives. The preliminary conference may address such issues as
the future conduct of the case, including clarification of the issues
and claims, possible arbitrator disqualification, the scheduling of
hearings and the hearing location, if applicable, and other
administrative matters.

I. Hearing

    The panel will provide the applicant/subgrantee and FEMA with an
opportunity to make an oral presentation in person, by telephone
conference, or other means during which all the parties may
simultaneously hear all other participants. If the applicant/subgrantee
or FEMA would like to request a hearing, it must be requested no later
than the preliminary conference. The panel will determine the hearing
location, and its decision will be final and binding. The panel will
endeavor to hold the hearing within 60 calendar days of the preliminary
conference, unless the panel postpones the hearing upon agreement of
the parties, or at the request of a party for good cause shown. If the
hearing is postponed, the panel will set a new date within 10 business
days of the postponement.
    The parties may not engage in discovery or provide additional paper
submissions at the hearing. Each party may present its position through
oral presentations by individuals designated in advance of the hearing.
If the panel deems it appropriate or necessary, it may request
additional written materials from either or both parties or seek the
advice or expertise of independent scientific or technical subject
matter experts, such as engineers and architects.

J. Review by the Arbitration Panel

    In its review, the arbitration panel will consider all relevant
written materials provided by the parties and the Grantee. If a hearing
is held, the panel will also consider the oral presentations made at
the hearing. In addition, the panel may, if it deems appropriate or
necessary, seek the

advice or expertise of independent scientific or technical subject
matter experts, such as engineers or architects.

K. Decision: Time Limits

    The panel will make every effort to issue a written decision within
60 calendar days after the panel declares the hearing closed, or if an
oral presentation was not requested, within 60 calendar days following
the receipt of FEMA's response to the request for arbitration. In
general, 60 days is a reasonable time for a panel to review the
determination, discuss the issues involved, and issue a decision. It is
shorter than the 90 days allotted for first and second level appeals
under the appeals process, and in keeping with the purpose of the
arbitration provision--to expedite the recovery process.
    However, the issues involved in Public Assistance determinations
can be technical and complex. In cases involving highly technical and
complex matters, a decision of the panel may take longer than 60 days.
The appeal regulation allows additional time for review of an appeal
when highly technical issues are involved. See 44 CFR 206.206(d).
Similarly, this regulation provides for the possibility that the
arbitration panel will not be able to render a decision within 60 days
on such issues.

L. Finality of Decision

    A decision of the majority of the panel will constitute a final
decision, binding on all parties. Final decisions are not subject to
further administrative review. Final decisions are not subject to
judicial review, except as permitted by 9 U.S.C. 10.

M. Ex Parte Communications

    No party, and no one acting on behalf of any party, will have ex
parte communications with an arbitrator. This means that neither the
applicant/subgrantee, the Grantee, nor FEMA may communicate with an
arbitrator about a particular arbitration without the participation of
the other parties or their representatives. If a party engages in an ex
parte communication, the party engaged in such communication must
provide a summary or a transcript of the entire communication to the
other parties.

N. Costs

    FEMA will pay the fees of the arbitrators, the costs of any expert
retained by the panel and the arbitration facility costs, if any. The
expenses for each party, including attorney's fees, representative
fees, copying costs, costs associated with attending any hearing, and
any other fees not specifically listed in the regulation must be paid
by the party incurring the expense.

O. Guidance

    FEMA will issue separate guidance as necessary to supplement this
regulation.

III. Regulatory Analysis

A. Administrative Procedure Act

    The Administrative Procedure Act (APA) requires an agency to
publish a rule for public comment prior to implementation. 5 U.S.C.
553. The APA, however, provides an exception to this requirement for
rules of agency procedure or practice. 5 U.S.C. 553 (b)(3)(A).
    This rule implements section 601 of the ARRA by detailing how a
Public Assistance applicant or subgrantee may request arbitration. It
is therefore, a procedural rule; it establishes procedures for making
an arbitration request and the procedures FEMA will follow in issuing
an arbitration decision. The rule does not affect eligibility under the
Public Assistance program; rather, it adds an option for review of
Public Assistance applications to expedite recovery efforts. FEMA
already provides for review of these determinations through the appeal
provisions of 44 CFR 206.206. This rule simply provides an alternate
procedure for seeking such a review of FEMA determinations.
    Further, because this rule is procedural in nature and does not
confer any substantive rights, benefits or obligations, FEMA finds that
this rule shall become effective immediately upon publication of this
final rule in the Federal Register. 5 U.S.C. 553(d).

B. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866, regulatory actions are subject to
Office of Management and Budget (OMB) review and the requirements of
the Executive Order. The Executive Order defines ``significant
regulatory action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This rule is entirely voluntary. Applicants are not required to
seek arbitration under the authority and requirements of this rule.
This rule provides an additional option to applicants/subgrantees in
lieu of appeal. For those that choose to undergo arbitration, this rule
will result in a total cost increase of $389,363 to applicants/
subgrantees, and a cost savings of $4,242 to Grantees. This rule is not
an economically significant regulatory action as defined in Executive
Order 12866. This is not a significant rule under Executive Order
12866; therefore, OMB has not reviewed this rule.
    Under FEMA's standard appeal procedures, an applicant/subgrantee
must file an appeal with documentation supporting the appeal within 60
days of the decision that is being appealed. The Grantee then forwards
the request to the Regional Administrator within 60 days of receipt,
and in doing so may submit a written recommendation to FEMA. The
Regional Administrator then reviews the appeal and either makes a
determination or seeks additional information from the applicant within
90 days.
    If the Regional Administrator denies the appeal, the applicant/
subgrantee may submit a second appeal to the Grantee within 60 days of
the Regional Administrator's denial. The Grantee must forward the
second appeal to the Regional Administrator within 60 days of receipt.
The Regional Administrator then forwards the second appeal to FEMA
headquarters as soon as possible. Upon receipt, FEMA headquarters
either requests additional information, requests independent scientific
or technical analysis from experts, or makes a determination within 90
days.
    Under the arbitration procedures contained in this rule, an
applicant/subgrantee must submit a request for arbitration, with
documentation supporting the request, simultaneously to the Grantee,
applicable FEMA Regional Administrator, and the arbitration
administrator. For those that do not have a pending appeal with FEMA,
this request is due within 30 days of receipt of notice of the
determination that is the subject of the arbitration request. If there
is an appeal pending with FEMA, or if FEMA has issued a decision on a
first or second level appeal on or after February 17, 2009, the request
for arbitration with supporting documentation, and if

applicable, a statement that they withdraw the pending appeal, must be
sent simultaneously to the Grantee, the applicable FEMA Regional
Administrator, and the arbitration administrator by October 30, 2009.
The Grantee may forward a recommendation to the Regional Administrator
and the arbitration administrator, with a copy to the applicant, within
15 days of receipt from the applicant/subgrantee.
    Once formed, the panel will conduct a preliminary conference by
telephone, and if requested, the parties will be provided a hearing to
make an oral presentation in person, by telephone conference or other
means during which all the parties may simultaneously hear all other
participants. The location will be chosen by the panel. The panel may,
if it deems appropriate or necessary, seek the advice or expertise of
independent scientific or technical subject matter experts, or request
additional information from the parties. The panel will then endeavor
to issue a written decision within 60 days after the hearing or, if
there is no hearing, after receipt of FEMA's response to the request
for arbitration.
    As of July 17, 2009, FEMA had 2,188 project worksheets that had not
yet received an initial determination from FEMA as well as 44 pending
appeals for disasters DR-1603, DR-1604, DR-1605, DR-1606, and DR-1607
that are for projects over $500,000. Adding the 44 existing appeals to
the 2,188 projects which may result in appealable determinations
creates a total of 2,232 potential projects that may be eligible for
arbitration. Not all project worksheets will have contested
determinations that will result in arbitration, and not all pending
appeals will be withdrawn in favor of arbitration. To generate the cost
estimates for this rulemaking, FEMA used existing data for first
appeals. FEMA receives an average of 364 appeals per year.
Conservatively estimating that 80 percent of those appeals involve
large projects, FEMA estimates that 291 appeals are associated with the
total 5,008 large projects obligated by FEMA per year. As a result,
FEMA estimates that 5.81 percent of large projects are appealed (5.81%
= 291/5,008). By applying this percentage, FEMA estimates that 127
appeals are expected from the 2,188 large projects over $500,000 that
have not yet received an initial determination from FEMA for disasters
DR-1693, DR-1604, DR-1605, DR-1606, and DR-1607 (5.81% x 2,188 = 127).
    The arbitration process requires the applicant/subgrantee to submit
a request for arbitration simultaneously to the Grantee, the applicable
FEMA Regional Administrator, and the arbitration administrator in the
form of a written statement from the applicant/subgrantee, which FEMA
conservatively estimates will take an applicant/subgrantee
approximately one hour to complete.\2\ Within 15 days of receipt of the
request for arbitration, the Grantee may forward a recommendation to
FEMA and the arbitration administrator (with a copy to the applicant/
subgrantee), which FEMA estimates will take the Grantee approximately
one hour to complete. FEMA therefore estimates that it will take 127
applicants/subgrantees a cumulative 127 hours to prepare requests for
arbitration and the four potential Grantees (the States of LA, MS, TX,
and AL) a cumulative 127 hours to prepare and forward their
recommendation to FEMA and the arbitration administrator.
---------------------------------------------------------------------------

    \2\ This figure was generated using similar estimates from other
Federal agencies requests for arbitration. For example, National
Mediation Board receives about 80 ``Requests for Arbitration Panel
for Airline System Boards of Adjustment'' annually with a burden
estimate of 20 hours per year (74 FR 10098); or Federal Mediation
and Conciliation Service's ``Request for Arbitration Services''
form, receiving approximately 10,000 per year and estimating about
10 minutes to complete (71 FR 69130).
---------------------------------------------------------------------------

    FEMA obtained the national average hourly wage for a managerial
($36.50) position in State government from the Bureau of Labor
Statistics (2009) ``May 2007 National Industry-specific Occupational
Employment and Wage Estimates'', NAICS 999200--State Government (OES
Designation). The managerial wage rate was for the ``General and
Operations Managers position (standard occupational classification
(SOC) code : 11-1021).'' The Bureau of Labor Statistics'
hourly wage reflects only the direct cost of employment. FEMA,
therefore, multiplied the wage rates by 1.4 to derive the full
employment costs for a managerial ($51.10) position in State
government. FEMA estimates that it will take applicants/subgrantees and
Grantees the same amount of time to prepare requests for arbitration as
it takes them to prepare requests for appeal. Therefore, FEMA estimates
that this rulemaking will result in a cost savings of $6,490 (= 127 x
51.10) for applicants/subgrantees and $6,490 (= 127 x 51.10) for
Grantees. These cost savings occur because there is no requirement for
an applicant/subgrantee to resubmit documentation through a second
round of review to exhaust its administrative remedies under
arbitration, as there is in the appeals process. This method is
intended to reduce the administrative burden on applicants/subgrantees.
Applicant/subgrantees may only seek one method for resolution of the
dispute--appeal or arbitration--not both.
    In addition to the 2,188 project worksheets which have not yet
received an initial determination from FEMA, as noted above, as of July
17, 2009, FEMA currently has 44 pending appeals. Although it is not
expected that all of these appeals will be withdrawn in favor of
arbitration, as a conservative estimate for the purposes of this
analysis, FEMA estimates that all 44 will withdraw in favor of
arbitration. Therefore these applicants/subgrantees will also submit a
request for arbitration containing a statement that they withdraw their
appeal. FEMA estimates it will take the applicant/subgrantee
approximately one hour to prepare its request and the Grantee one hour
to prepare its recommendation and forward it to FEMA and the
arbitration administrator. Using the $51.10 wage rate established
above, FEMA estimates that this change will have a total cost of $2,248
(= 44 x $51.10) to applicants/subgrantees and $2,248 (= 44 x $51.10) to
Grantees.
    The panel will conduct a preliminary conference by telephone, and
if requested, the parties will make an oral presentation in person, by
telephone conference or other means during which all the parties may
simultaneously hear all other participants at a location designated by
the panel. In person appearance at a hearing is entirely voluntary, at
the applicant's/subgrantee's discretion. If they choose to appear,
however, the costs to do so are incurred by the applicant/subgrantee.
Because the hearings may be conducted via telephone or other means
during which all the parties may simultaneously hear all other
participants, most applicants are not expected to have any travel
costs. For those who are granted an in-person hearing, the panel may
choose to have the hearing in Washington, DC. It is also likely that
more than one person will attend. This is based on FEMA's experience
meeting with applicants on second appeals, which usually involves about
six people. This includes representatives from the applicant, the
State, and any consultants. Assuming round trip air travel for a team
of six people and that 25 percent of the applicants/subgrantees will
make an in-person appearance, (43 = 25% x (127 + 44)), FEMA estimates
that the travel cost to applicants/subgrantees will be

$89,526 (= 43 x 6 x $347 \3\)). In addition, should an applicant/
subgrantee choose to appear in person, it will incur (1) lodging,
meals, and incidental expenses, and (2) the regular-time cost of the
employee who attends the hearing in lieu of performing that employee's
regular duties. Assuming that attendance at a hearing will require two
work days to travel to and attend the hearing, lodging, meals, and
incidental expenses will be $93,138 (= 43 x 6 people x $361 \4\). The
time cost to applicants/subgrantees will be $210,941 (= 43 x 6 people x
16 hours x $51.10). Therefore, the total cost to applicants/subgrantees
for in-person presentation at a hearing is estimated to be $393,605 (=
$89,526 + $93,138 + $210,941).
---------------------------------------------------------------------------

    \3\ Average domestic airfare in the 4th quarter of 2008 from the
U.S. Department of Transportation's Bureau of Transportation
Statistics (BTS), May 6, 2009, http://www.bts.gov/press_releases/
2009/bts021_09/html/bts021_09.html.
    \4\ The amount of $361 includes hotel expense for one night, and
meals and incidental expenses for two days. The per diem rate for
the District of Columbia is obtained from the U.S. General Services
Administration, May 2009, http://www.gsa.gov/Portal/gsa/ep/
contentView.do?queryYear=2009&contentType=GSA_
BASIC&contentId=17943&queryState=District+of+Columbia&noc=T.
---------------------------------------------------------------------------

    FEMA will pay the fees of the arbitrators, the costs of any expert
retained by the panel, and the arbitration facility costs, if any. Even
though FEMA cannot quantify this cost change, it is not likely to be
economically significant given the number of arbitrations expected from
disasters DR-1603, DR-1604, DR-1605, DR-1606, and DR-1607.
Additionally, it will save the Federal government the time and costs it
would have incurred to process appeals. FEMA estimates that this rule
will result in a cost increase of $389,363 to applicants/subgrantees,
and a cost saving of $4,242 to Grantees. Table 1 details the impact of
the final rule. FEMA did not annualize the impact because this rule
applies only to disasters DR-1603, DR-1604, DR-1605, DR-1606, and DR-
1607. FEMA has determined that this rule will not have a significant
economic impact of $100 million or more per year.

              Table 1--Quantified Impact of the Final Rule
------------------------------------------------------------------------
                                            Applicants/
                                            Subgrantees      Grantees
------------------------------------------------------------------------
Requests for arbitration................         -$6,490
Requests forwarded for arbitration......  ..............         -$6,490
Withdraw in favor of arbitration........           2,248           2,248
In-person presentation..................         393,605  ..............
                                         -------------------------------
    Sub-total...........................         389,363          -4,242
                                         -------------------------------
        Grand Total.....................              385,121
------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996)
(5 U.S.C. 601 note) require that special consideration be given to the
effects of proposed regulations on small entities. The RFA mandates
that an agency conduct a RFA analysis when an agency is ``required by
section 553 * * * to publish general notice of proposed rulemaking for
any proposed rule.'' 5 U.S.C. 603(a). Accordingly, an RFA is not
required when a rule is exempt from notice and comment rulemaking under
5 U.S.C. 553(b). FEMA has determined that this rule is exempt from
notice and comment rulemaking because it is a rule of agency procedure.
See 5 U.S.C. 553(b)(3)(A). Therefore, an RFA analysis under 5 U.S.C.
603 is not required for this rule.

D. National Environmental Policy Act (NEPA)

    This rulemaking is categorically excluded from further review under
the National Environmental Policy Act (NEPA), Public Law 91-190, 83
Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.), as amended. Action
taken or assistance provided under sections 403, 406, and 407 of the
Stafford Act are statutorily excluded from NEPA and the preparation of
environmental impact statements and environmental assessments by
section 316 of the Stafford Act. 42 U.S.C. 5159; 44 CFR 10.8(c). NEPA
implementing regulations governing FEMA activities at 44 CFR
10.8(d)(2)(ii) categorically exclude the preparation, revision, and
adoption of regulations from the preparation of an environmental
assessment or environmental impact statement, where the rule relates to
actions that qualify for categorical exclusions. Action taken or
assistance provided under sections 403 and 407 of the Stafford Act are
categorically excluded under 44 CFR 10.8(d)(2)(xix). Because no other
extraordinary circumstances have been identified, this rule does not
require the preparation of either an environmental assessment or an
environmental impact statement as defined by NEPA.

E. Executive Order 12898, Environmental Justice

    Under Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994, FEMA incorporates
environmental justice into its policies and programs. The Executive
Order 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 have the effect of excluding persons from
participation in our programs, denying persons the benefits of our
programs, or subjecting persons to discrimination because of their
race, color, or national origin.
    No action that FEMA can anticipate under this rule will have a
disproportionately high or adverse human health and environmental
effect on any segment of the population. Accordingly, the requirements
of Executive Order 12898 do not apply to this rule.

F. Congressional Review of Agency Rulemaking

    FEMA has sent this final rule to the Congress and to the Government
Accountability Office under the Congressional Review of Agency
Rulemaking Act, (``Congressional Review Act''), Public Law 104-121, 110
Stat. 873 (Mar. 29, 1996) (5 U.S.C. 804). This rule is not a ``major
rule'' within the meaning of the Congressional Review Act.

G. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), applies to any notice
of proposed rulemaking that would implement any rule which includes a
Federal mandate that may result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year. If the rulemaking includes a Federal
mandate, the Act requires an agency to prepare an assessment of the
anticipated costs and benefits of the Federal mandate. The Act also
pertains to any regulatory requirements that might significantly or
uniquely affect small governments. Before establishing any such
requirements, an agency must develop a plan allowing for input from the
affected governments regarding the requirements. FEMA has determined
that this rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, nor by the private sector, of
$100 million or more in any one year as a result of a Federal mandate,
and it will not significantly or uniquely affect small governments. In
light of the foregoing, FEMA has determined that no actions are deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.

H. Executive Order 13132, Federalism

    Executive Order 13132, Federalism, 64 FR 43255, August 4, 1999,
sets forth principles and criteria that agencies must adhere to in
formulating and implementing policies that have federalism
implications, that is, regulations that have substantial direct effects
on the States, or on the distribution of power and responsibilities
among the various levels of government. Federal agencies must closely
examine the statutory authority supporting any action that would limit
the policymaking discretion of the States, and to the extent
practicable, must consult with State and local officials before
implementing any such action. This final rule involves no policies that
have federalism implications under Executive Order 13132.

I. Paperwork Reduction Act of 1995

    This rule contains a collection of information that is subject to
review by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA), as amended, Public Law 104-13, 109 Stat.
163, (May 22, 1995) (44 U.S.C. 3501-3520). The information collection
included in this rule is approved by OMB under control number 1660-
0017, Public Assistance Progress Report and Program Forms.

J. 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 may 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.
    There is no substantial direct compliance cost associated with this
rule. This rule would not affect the distribution of power or
responsibilities of Tribal governments.

K. Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights

    FEMA has reviewed this rule under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights'' (53 FR 8859, Mar. 18, 1988) as supplemented by
Executive Order 13406, ``Protecting the Property Rights of the American
People'' (71 FR 36973, June 28, 2006). This rule will not affect the
taking of private property or otherwise have taking implications under
Executive Order 12630.

L. Executive Order 12988, Civil Justice Reform

    FEMA has reviewed this rule under Executive Order 12988, ``Civil
Justice Reform'' (61 FR 4729, Feb. 7, 1996). This rule meets applicable
standards to minimize litigation, eliminate ambiguity, and reduce
burden.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community
facilities, Disaster assistance, Fire prevention, Grant programs-
housing and community development, Housing, Insurance,
Intergovernmental relations, Loan programs--housing and community
development, Natural resources, Penalties, Reporting and recordkeeping
requirements.

0
For the reasons discussed in the preamble, the Federal Emergency
Management Agency amends 44 CFR part 206, subpart G, as follows:

PART 206--FEDERAL DISASTER ASSISTANCE

0
1. The authority citation for part 206 continues to read as follows:

    Authority:  Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 through 5207; Reorganization Plan No.
3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security
Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412;
and E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166.

0
2. Add Sec.  206.209 to read as follows:

Sec.  206.209  Arbitration for Public Assistance determinations related
to Hurricanes Katrina and Rita (Major disaster declarations DR-1603,
DR-1604, DR-1605, DR-1606, and DR-1607).

    (a) Scope. Pursuant to section 601 of the American Recovery and
Reinvestment Act of 2009, Public Law 111-5, this section establishes
procedures for arbitration to resolve disputed Public Assistance
applications under the following major disaster declarations: DR-1603,
DR-1604, DR-1605, DR-1606, and DR-1607.
    (b) Applicability. An applicant or subgrantee (hereinafter
``applicant'' for purposes of this section) may request arbitration of
a determination made by FEMA on an application for Public Assistance,
provided that the total amount of the project is greater than $500,000,
and provided that:
    (1) the applicant is eligible to file an appeal under Sec.
206.206; or
    (2) the applicant had a first or second level appeal pending with
FEMA pursuant to Sec.  206.206 on or after February 17, 2009.
    (c) Governing rules. An applicant that elects arbitration agrees to
abide by this section and applicable guidance. The arbitration will be
conducted pursuant to procedure established by the arbitration panel.
    (d) Limitations--(1) Election of remedies. A request for
arbitration under this section is in lieu of filing or continuing an
appeal under Sec.  206.206.
    (2) Final agency action under Sec.  206.206. Arbitration is not
available for any matter that obtained final agency

action by FEMA pursuant to Sec.  206.206 prior to February 17, 2009.
Arbitration is not available for determinations for which the applicant
failed to file a timely appeal under the provisions of Sec.  206.206
prior to August 31, 2009, or for determinations which received a
decision on a second appeal from FEMA prior to February 17, 2009.
    (e) Request for arbitration--(1) Content of request. The request
for arbitration must contain a written statement and all documentation
supporting the position of the applicant, the disaster number, and the
name and address of the applicant's authorized representative or
counsel.
    (2) Submission by the applicant to the Grantee, the FEMA Regional
Administrator, and the arbitration administrator. An applicant under
paragraph (b)(1) of this section must submit its request for
arbitration in writing simultaneously to the Grantee, the FEMA Regional
Administrator, and the arbitration administrator within 30 calendar
days after receipt of notice of the determination that is the subject
of the arbitration request or by September 30, 2009, whichever is
later. An applicant under paragraph (b)(2) of this section must make a
request for arbitration in writing and, if FEMA has not issued a
decision on the appeal, submit a withdrawal of the pending appeal,
simultaneously to the Grantee, the FEMA Regional Administrator, and the
arbitration administrator by October 30, 2009.
    (3) Submission by the Grantee to the arbitration administrator and
FEMA. Within 15 calendar days of receipt of the applicant's request for
arbitration, the Grantee must forward the name and address of the
Grantee's authorized representative or counsel, and may forward a
written recommendation in support or opposition to the applicant's
request for arbitration, simultaneously to the FEMA Regional
Administrator, the arbitration administrator, and the applicant.
    (4) Submission of FEMA's response. FEMA will submit a memorandum in
support of its position, a copy of the Project Worksheet(s), and any
other supporting information, as well as the name and address of its
authorized representative or counsel, simultaneously to the arbitration
administrator, the Grantee, and the applicant, within 30 calendar days
of receipt of the applicant's request for arbitration.
    (5) Process for submissions. When submitting a request for
arbitration, the applicant should describe its claim with sufficient
detail so that the circumstances of the dispute are clear to the
arbitration panel. All papers, notices, or other documents submitted to
the arbitration administrator under this section by the applicant, the
Grantee, or FEMA will be served on each party's authorized
representative or counsel. The submitting party will make such service
by courier or overnight delivery service (such as Federal Express, DHL,
United Parcel Service, or the United States Postal Service overnight
delivery), addressed to the party, representative, or counsel, as
applicable, at its last known address.
    (f) Selection of arbitration panel. The arbitration administrator
will select the arbitration panel for arbitration and notify the
applicant, FEMA, and the Grantee of the names and identities of the
arbitrators selected for the panel.
    (g) Preliminary conference. The arbitration panel will hold a
preliminary conference with the parties and/or representatives of the
parties within 10 business days of the panel's receipt of FEMA's
response to the request for arbitration. The panel and the parties will
discuss the future conduct of the arbitration, including clarification
of the disputed issues, request for disqualification of an arbitrator
(if applicable), and any other preliminary matters. The date and place
of any oral hearing will be set at the preliminary conference. The
preliminary conference will be conducted by telephone.
    (h) Hearing--(1) Request for hearing. The panel will provide the
applicant and FEMA with an opportunity to make an oral presentation on
the substance of the applicant's claim in person, by telephone
conference, or other means during which all the parties may
simultaneously hear all other participants. If the applicant or FEMA
would like to request an oral hearing, the request must be made no
later than the preliminary conference.
    (2) Location of hearing. If an in-person hearing is authorized, it
will be held at a hearing facility of the arbitration panel's choosing.
    (3) Conduct of hearing. Each party may present its position through
oral presentations by individuals designated in advance of the hearing.
These presentations may reference documents submitted pursuant to
paragraph (e) of this section; the parties may not provide additional
paper submissions at the hearing. If the panel deems it appropriate or
necessary, it may request additional written materials from either or
both parties or seek the advice or expertise of independent scientific
or technical subject matter experts.
    (4) Closing of hearing. The panel will inquire of each party
whether it has any further argument. When satisfied that the record is
complete, the panel will declare the hearing closed, unless a post-
hearing submission of additional information or a memorandum of law is
to be provided in accordance with this paragraph. The hearing will be
declared closed as of the date set by the panel for the submission of
the additional information or the memorandum of law.
    (5) Time limits. The panel will endeavor to hold the hearing within
60 calendar days of the preliminary conference.
    (6) Postponement. The arbitration panel may postpone a hearing upon
agreement of the parties, or upon request of a party for good cause
shown. Within 10 business days of the postponement, the arbitration
panel will notify the parties of the rescheduled date of the hearing.
    (7) Record of the hearing. There will be no recording of the
hearing, unless a party specifically requests and arranges for such
recording at its own expense.
    (8) Post-hearing submission of additional information. A party may
file with the arbitration panel additional information or a memorandum
of law after the hearing upon the arbitration panel's request or upon
the request of one of the parties with the panel's consent. The panel
will set the time for submission of the additional information or the
memorandum of law.
    (9) Reopening of hearing. The hearing may be reopened on the
panel's initiative under compelling circumstances at any time before
the decision is made.
    (i) Review by the arbitration panel. (1) Determination of
timeliness. Upon notification by FEMA, or on its own initiative, the
arbitration panel will determine whether the applicant timely filed a
request for arbitration.
    (2) Substantive review. The arbitration panel will consider all
relevant written materials provided by the applicant, the Grantee, and
FEMA, as well as oral presentations, if any. If the panel deems it
appropriate or necessary, it may request additional written materials
from either or both parties or seek the advice or expertise of
independent scientific or technical subject matter experts.
    (j) Ex parte communications. No party and no one acting on behalf
of any party will engage in ex parte communications with a member of
the arbitration panel. If a party or someone acting on behalf of any
party engages in ex parte communications with a member of the
arbitration panel, the party that engaged in such communication will
provide a summary or a transcript of the entire communication to the
other parties.

    (k) Decision--(1) Time limits. The panel will make every effort to
issue a written decision within 60 calendar days after the panel
declares the hearing closed pursuant to paragraph (h)(4) of this
section, or, if a hearing was not requested, within 60 calendar days
following the receipt of FEMA's response to the request for
arbitration. A decision of the panel may take longer than 60 calendar
days if the arbitration involves a highly technical or complex matter.
    (2) Form and content. The decision of the panel will be in writing
and signed by each member of the panel. The panel will issue a reasoned
decision that includes a brief and informal discussion of the factual
and legal basis for the decision.
    (3) Finality of decision. A decision of the majority of the panel
shall constitute a final decision, binding on all parties. Final
decisions are not subject to further administrative review. Final
decisions are not subject to judicial review, except as permitted by 9
U.S.C. 10.
    (4) Delivery of decision. Notice and delivery of the decision will
be by facsimile or other electronic means and by regular mail to each
party or its authorized representative or counsel.
    (l) Costs. FEMA will pay the fees associated with the arbitration
panel, the costs of any expert retained by the panel, and the
arbitration facility costs, if any. The expenses for each party,
including attorney's fees, representative fees, copying costs, costs
associated with attending any hearing, or any other fees not listed in
this paragraph will be paid by the party incurring such costs.
    (m) Guidance. FEMA may issue separate guidance as necessary to
supplement this section.

    Dated: August 14, 2009.
Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-19994 Filed 8-28-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36790-36791]
[FR Doc No: 2016-13518]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 520 and 558

[Docket No. FDA-2016-N-0002]

New Animal Drugs; Withdrawal of Approval of a New Animal Drug
Application

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of five new animal drug applications (NADAs) and an abbreviated new
animal drug application (ANADA). This action is being taken at the
sponsors' request because these products are no longer manufactured or
marketed.

DATES: Withdrawal of approval is effective June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The sponsors of the following applications
have requested that FDA withdraw approval of the NADAs and ANADA listed
in the following table because the products are no longer manufactured
or marketed:

----------------------------------------------------------------------------------------------------------------
           File No.                       Sponsor                    Product name              21 CFR section
----------------------------------------------------------------------------------------------------------------
007-076 \1\..................  Cross Vetpharm Group Ltd.,    SULFA-NOX Liquid              520.2325a
                                Broomhill Rd., Tallaght,      (sulfaquinoxaline) 3.44%
                                Dublin 24, Ireland.           Solution.
008-244 \1\..................  Cross Vetpharm Group Ltd.,    SULFA-NOX Concentrate         520.2325a
                                Broomhill Rd., Tallaght,      (sulfaquinoxaline) 12.85%
                                Dublin 24, Ireland.           Solution.

041-955 \1\..................  Cross Vetpharm Group Ltd.,    Erythromycin Medicated        558.248
                                Broomhill Rd., Tallaght,      Premix.
                                Dublin 24, Ireland.
049-729 \1\..................  Cross Vetpharm Group Ltd.,    PURINA Sulfa                  522.2260a
                                Broomhill Rd., Tallaght,      (sulfamethazine) 12.5%
                                Dublin 24, Ireland.           Solution.
100-128 \1\..................  Cross Vetpharm Group Ltd.,    Supersweet Medipak TYLAN 10.  558.625
                                Broomhill Rd., Tallaght,
                                Dublin 24, Ireland.
200-307 \1\..................  Vetoquinol N.-A., Inc., 2000  Penicillin G Potassium, USP,  520.1696b
                                chemin Georges, Lavaltrie     Soluble Powder.
                                (PQ), Canada J5T 3S5.
----------------------------------------------------------------------------------------------------------------
\1\These NADAs were identified as being affected by guidance for industry #213, ``New Animal Drugs and New
  Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing
  Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209,''
  December 2013.

    Therefore, under authority delegated to the Commissioner of Food
and Drugs and redelegated to the Center for Veterinary Medicine, and in
accordance with Sec.  514.116 Notice of withdrawal of approval of
application (21 CFR 514.116), notice is given that approval of NADAs
007-076, 008-244, 041-955, 049-729, 100-128, and ANADA 200-307, and all
supplements and amendments thereto, is hereby withdrawn, effective June
20, 2016.
    Elsewhere in this issue of the Federal Register, FDA is amending
the animal drug regulations to reflect the voluntary withdrawal of
approval of these applications.

    Dated: May 31, 2016.
Tracey Forfa,
Acting Director, Center for Veterinary Medicine.
[FR Doc. 2016-13518 Filed 6-7-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55446-55447]
[FR Doc No: 2014-21977]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-1244-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Excelerate 510510
Revised NegRate eff 11-1-2014 to be effective 11/1/2014.
    Filed Date: 9/4/14.
    Accession Number: 20140904-5074.
    Comments Due: 5 p.m. ET 9/16/14.

    Docket Numbers: RP14-1245-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) rate filing per 154.204: Neg Rate 2014-09-
04 Encana del pt change to be effective 9/4/2014.
    Filed Date: 9/4/14.
    Accession Number: 20140904-5177.
    Comments Due: 5 p.m. ET 9/16/14.

    Docket Numbers: RP14-1246-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Sec.  4(d) rate filing per 154.204: 2014 Edison
Delivery Meter to be effective 10/8/2014.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5000.
    Comments Due: 5 p.m. ET 9/17/14.

    Docket Numbers: RP14-1247-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate
Filing--September 2014--LER 1010222 Att A to be effective 9/5/2014.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5043.
    Comments Due: 5 p.m. ET 9/17/14.

    Docket Numbers: RP14-1248-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.601: Negotiated Rate
Service Agmt--Texla to be effective 11/1/2014.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5052.
    Comments Due: 5 p.m. ET 9/17/14.

    Docket Numbers: RP14-1249-000.
    Applicants: Golden Triangle Storage, Inc.
    Description: Sec.  4(d) rate filing per 154.204: GTS Firm Wheeling
Service to be effective 10/8/2014.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5126.
    Comments Due: 5 p.m. ET 9/17/14.

    Docket Numbers: RP14-1250-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Rate
Filing to Amend LER 5680's Attachment A to be effective 9/5/2014.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5149.
    Comments Due: 5 p.m. ET 9/17/14.

    Docket Numbers: RP14-1251-000.
    Applicants: Exelon Generation Company, LLC.
    Description: Petition for a Temporary Waiver of Capacity Release
Regulations of Exelon Generation Company, LLC.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5191.
    Comments Due: 5 p.m. ET 9/17/14.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-12-002.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing per 154.203: Further Compliance
Filing-Order 587 V (Docket No. RP13-12-000 et al) to be effective 12/1/
2012.
    Filed Date: 9/5/14.
    Accession Number: 20140905-5030.
    Comments Due: 5 p.m. ET 9/17/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by

clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated September 8, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-21977 Filed 9-15-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Rules and Regulations]
[Page 71923]
[DOCID:fr26no08-6]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 530

[Docket No. FDA-2008-N-0326]

New Animal Drugs; Cephalosporin Drugs; Extralabel Animal Drug
Use; Revocation of Order of Prohibition; Withdrawal

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is revoking the order
prohibiting the extralabel use of cephalosporin antimicrobial drugs in
food-producing animals. FDA received many substantive comments on the
order of prohibition. The agency is taking this action so that it may
fully consider these comments.

DATES: Effective November 26, 2008, the final rule published July 3,
2008 (73 FR 38110), for which the effective date was delayed until
November 30, 2008, in a document published August 18, 2008 (73 FR
48127), is withdrawn.

FOR FURTHER INFORMATION CONTACT: Neal Bataller, Center for Veterinary
Medicine (HFV-230), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD, 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of July 3, 2008 (73
FR 38110), FDA published an order prohibiting the extralabel use of
cephalosporin antimicrobial drugs in food-producing animals, with a 60-
day comment period and a 90-day effective date for the final order. The
order, that was to take effect on November 30, 2008, would have
resulted in a change to Sec.  530.41 (21 CFR 530.41) to list
cephalosporins as prohibited from extralabel use in food-producing
animals as provided for in 21 CFR 530.25(f).
    In response to publication of this order, the agency received
requests for a 60-day extension of the comment period. The requests
conveyed concern that the original 60-day comment period would not
allow the requesters sufficient time to examine the available evidence,
consider the impact of the order, and provide constructive comment.
    FDA considered the requests and, in the Federal Register of August
18, 2008 (73 FR 48127), extended the comment period for the order for
60 days, until November 1, 2008. Accordingly, FDA also delayed the
effective date of the final rule 60 days, until November 30, 2008.
    The agency received many substantive comments on the order of
prohibition. Therefore, to allow more time to fully consider the
comments, FDA has decided to revoke the order so that it does not take
effect November 30, 2008. This means that neither the order nor the
change to Sec.  530.41 that would have listed cephalosporins as
prohibited from extralabel use will take effect on November 30, 2008.
If, after considering the comments and other relevant information, FDA
decides to issue another order of prohibition addressing this matter,
FDA will follow the procedures in 21 CFR 530.25 that provide for a
public comment period prior to implementing the order.
    We note that, insofar as withdrawal of the amendment to Sec.
530.41 might be considered a rule subject to 5 U.S.C. 553(b), the
agency for good cause finds that prior notice and comment procedures
are unnecessary because there is no need to amend Sec.  530.41 since
the order is being revoked.

    Dated: November 21, 2008.
William T. Flynn,
Acting Director, Center for Veterinary Medicine.
[FR Doc. E8-28093 Filed 11-25-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5436-5438]
[FR Doc No: 2018-02418]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2015-E-0857 and FDA-2015-E-0858]

Determination of Regulatory Review Period for Purposes of Patent
Extension; FARXIGA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for FARXIGA and is publishing
this

notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by April
9, 2018. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for
more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 9, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of April 9, 2018. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date. Furthermore, any
interested person may petition FDA for a determination regarding
whether the applicant for extension acted with due diligence during the
regulatory review period by August 6, 2018. See ``Petitions'' in the
SUPPLEMENTARY INFORMATION section for more information.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2015-E-0857 and FDA-2015-E-0858 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; FARXIGA.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product FARXIGA
(dapagliflozin). FARXIGA is indicated as an adjunct to diet and
exercise to

improve glycemic control in adults with type 2 diabetes mellitus.
Subsequent to this approval, the USPTO received patent term restoration
applications for FARXIGA (U.S. Patent Nos. 6,414,126 and 6,515,117)
from AstraZeneca AB, and the USPTO requested FDA's assistance in
determining the patents' eligibility for patent term restoration. In a
letter dated October 19, 2015, FDA advised the USPTO that this human
drug product had undergone a regulatory review period and that the
approval of FARXIGA represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
FARXIGA is 3,673 days. Of this time, 2,565 days occurred during the
testing phase of the regulatory review period, while 1,108 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: December 21, 2003. FDA has verified the AstraZeneca AB claim
that the date the investigational new drug application became effective
was on December 21, 2003.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: December
28, 2010. The applicant claims December 27, 2010, as the date the new
drug application (NDA) for FARXIGA (NDA 202293) was initially
submitted. However, FDA records indicate that NDA 202293 was submitted
on December 28, 2010.
    3. The date the application was approved: January 8, 2014. FDA has
verified the applicant's claim that NDA 202293 was approved on January
8, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,825 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: January 31, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-02418 Filed 2-6-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50890-50891]
[FR Doc No: 2023-16351]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4715-DR; Docket ID FEMA-2023-0001]

Guam; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the territory of Guam (FEMA-4715-DR), dated May 25, 2023,
and related determinations.

DATES: The declaration was issued May 25, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 25, 2023, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in the territory of Guam
resulting from Typhoon Mawar beginning on May 22, 2023, and
continuing, is of sufficient severity and magnitude to warrant a
major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the territory of Guam.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under

the Public Assistance program in the designated areas, Hazard
Mitigation throughout the Territory, and any other forms of
assistance under the Stafford Act that you deem appropriate subject
to completion of Preliminary Damage Assessments (PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible cost.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Benigno B. Ruiz, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the territory of Guam have been designated
as adversely affected by this major disaster:

    The territory of Guam for emergency protective measures
(Category B), including direct federal assistance under the Public
Assistance program.
    All areas within the territory of Guam are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-16351 Filed 8-1-23; 8:45 am]
BILLING CODE 9111-23-P