url
stringclasses 3
values | created_timestamp
stringlengths 0
34
| downloaded_timestamp
stringclasses 3
values | contents
stringlengths 1
10.5k
| id
stringlengths 1
7
|
|---|---|---|---|---|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Aug. 10, 2020 Title 44 Emergency Management and Assistance Revised as of October 1, 2020 Containing a codification of documents of general applicability and future effect As of October 1, 2020 Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register U.S. GOVERNMENT OFFICIAL EDITION NOTICE Legal Status and Use of Seals and Logos archives.ai The seal of the National Archives and Records Administration (NARA) authenticates the Code of Federal Regulations (CFR) as the official codification of Federal regulations established under the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the contents of the CFR, a special edition of the Federal Register, shall be judicially noticed. The CFR is prima facie evidence of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA's official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist's designee. Any person using NARA's official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017. Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0-16 ISBN prefix is for U.S. Government Publishing Office Official Editions only. The Superintendent of Documents of the U.S. Government Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN. gpologo2.eps U . S . G O V E R N M E N T P U B L I S H I N G O | 0 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | of the original documents published in the Federal Register (44 U.S.C. 1510). It is prohibited to use NARA's official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist's designee. Any person using NARA's official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017. Use of ISBN Prefix This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0-16 ISBN prefix is for U.S. Government Publishing Office Official Editions only. The Superintendent of Documents of the U.S. Government Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN. gpologo2.eps U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E U.S. Superintendent of Documents • Washington, DC 20402-0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800 Table of Contents Page Explanation v Title 44: Chapter I—Federal Emergency Management Agency, Department of Homeland Security 3 Chapter IV—Department of Commerce and Department of Transportation 619 Finding Aids: Table of CFR Titles and Chapters 627 Alphabetical List of Agencies Appearing in the CFR 647 List of CFR Sections Affected 657 Cite this Code: CFR To cite the regulations in this volume use title, part and section number. Thus, 44 CFR 1.1 refers to title 44, part 1, section 1. Explanation The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive | 1 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | the U.S. Government Publishing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN. gpologo2.eps U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E U.S. Superintendent of Documents • Washington, DC 20402-0001 http://bookstore.gpo.gov Phone: toll-free (866) 512-1800; DC area (202) 512-1800 Table of Contents Page Explanation v Title 44: Chapter I—Federal Emergency Management Agency, Department of Homeland Security 3 Chapter IV—Department of Commerce and Department of Transportation 619 Finding Aids: Table of CFR Titles and Chapters 627 Alphabetical List of Agencies Appearing in the CFR 647 List of CFR Sections Affected 657 Cite this Code: CFR To cite the regulations in this volume use title, part and section number. Thus, 44 CFR 1.1 refers to title 44, part 1, section 1. Explanation The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16 as of January 1 Title 17 through Title 27 as of April 1 Title 28 through Title 41 as of July 1 Title 42 through Title 50 as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal | 2 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Code: CFR To cite the regulations in this volume use title, part and section number. Thus, 44 CFR 1.1 refers to title 44, part 1, section 1. Explanation The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16 as of January 1 Title 17 through Title 27 as of April 1 Title 28 through Title 41 as of July 1 Title 42 through Title 50 as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2020), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will | 3 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | as of January 1 Title 17 through Title 27 as of April 1 Title 28 through Title 41 as of July 1 Title 42 through Title 50 as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 2020), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date | 4 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Code volume has been amended since its revision date (in this case, October 1, 2020), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List | 5 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. PAST PROVISIONS OF THE CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a “List of CFR Sections Affected” is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949-1963, 1964-1972, 1973-1985, and 1986-2000. “[RESERVED]” TERMINOLOGY The term “[Reserved]” is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a “[Reserved]” location at any time. Occasionally “[Reserved]” is used editorially to indicate that a portion of the CFR was left vacant and not dropped in error. INCORPORATION BY | 6 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | CODE Provisions of the Code that are no longer in force and effect as of the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on any given date in the past by using the appropriate List of CFR Sections Affected (LSA). For the convenience of the reader, a “List of CFR Sections Affected” is published at the end of each CFR volume. For changes to the Code prior to the LSA listings at the end of the volume, consult previous annual editions of the LSA. For changes to the Code prior to 2001, consult the List of CFR Sections Affected compilations, published for 1949-1963, 1964-1972, 1973-1985, and 1986-2000. “[RESERVED]” TERMINOLOGY The term “[Reserved]” is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a “[Reserved]” location at any time. Occasionally “[Reserved]” is used editorially to indicate that a portion of the CFR was left vacant and not dropped in error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on | 7 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | term “[Reserved]” is used as a place holder within the Code of Federal Regulations. An agency may add regulatory information at a “[Reserved]” location at any time. Occasionally “[Reserved]” is used editorially to indicate that a portion of the CFR was left vacant and not dropped in error. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi | 8 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR Index and Finding Aids. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of “Title 3—The President” is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register. A List of CFR Sections Affected (LSA) is published monthly, | 9 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | obtaining a copy of material listed as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or call 202-741-6010. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR Index and Finding Aids. This volume contains the Parallel Table of Authorities and Rules. A list of CFR titles, chapters, subchapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of “Title 3—The President” is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202-741-6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax | 10 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | An index to the text of “Title 3—The President” is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles. REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages. For inquiries concerning CFR reference assistance, call 202-741-6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office - New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) website for public law numbers, | 11 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail [email protected]. SALES The Government Publishing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours a day. For payment by check, write to: US Government Publishing Office - New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers of the Presidents of the United States, Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) website for public law numbers, Federal Register finding aids, and related information. Connect to NARA's website at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov. Oliver A. Potts, Director, Office of the Federal Register October 1, 2020 THIS TITLE Title 44—Emergency Management and Assistance is composed of one volume. The contents of this volume represent all current regulations codified under this title of the CFR as of October 1, 2020. For this volume, Ann Worley was Chief Editors. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Stephen J. Frattini. 44 CFR Ch. I (10-1-20 | 12 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | available in electronic format via www.govinfo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) website for public law numbers, Federal Register finding aids, and related information. Connect to NARA's website at www.archives.gov/federal-register. The e-CFR is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments, produced by the Office of the Federal Register and the Government Publishing Office. It is available at www.ecfr.gov. Oliver A. Potts, Director, Office of the Federal Register October 1, 2020 THIS TITLE Title 44—Emergency Management and Assistance is composed of one volume. The contents of this volume represent all current regulations codified under this title of the CFR as of October 1, 2020. For this volume, Ann Worley was Chief Editors. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Stephen J. Frattini. 44 CFR Ch. I (10-1-20 Edition) Fed. Emergency Mgmt. Agency, DHS Title 44—Emergency Management and Assistance Part chapter i—Federal Emergency Management Agency, Department of Homeland Security 1 chapter iv—Department of Commerce and Department of Transportation 401 CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY Editorial Note: Nomenclature changes to chapter I appear at 74 FR 15331, Apr. 3, 2009. SUBCHAPTER A—GENERAL Part Page 0 General statements of policy [Reserved] 1 Rulemaking; policy and procedures 7 2 OMB control numbers 13 3 [Reserved] 4 Intergovernmental review of Federal Emergency Management Agency (FEMA) programs and activities 14 5 Production or disclosure of information 17 6 Implementation of the Privacy Act of 1974 20 7 Nondiscrimination in federally-assisted programs (FEMA Reg. 5) 38 8 [Reserved] 9 Floodplain management and protection of wetlands | 13 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | volume represent all current regulations codified under this title of the CFR as of October 1, 2020. For this volume, Ann Worley was Chief Editors. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Stephen J. Frattini. 44 CFR Ch. I (10-1-20 Edition) Fed. Emergency Mgmt. Agency, DHS Title 44—Emergency Management and Assistance Part chapter i—Federal Emergency Management Agency, Department of Homeland Security 1 chapter iv—Department of Commerce and Department of Transportation 401 CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY Editorial Note: Nomenclature changes to chapter I appear at 74 FR 15331, Apr. 3, 2009. SUBCHAPTER A—GENERAL Part Page 0 General statements of policy [Reserved] 1 Rulemaking; policy and procedures 7 2 OMB control numbers 13 3 [Reserved] 4 Intergovernmental review of Federal Emergency Management Agency (FEMA) programs and activities 14 5 Production or disclosure of information 17 6 Implementation of the Privacy Act of 1974 20 7 Nondiscrimination in federally-assisted programs (FEMA Reg. 5) 38 8 [Reserved] 9 Floodplain management and protection of wetlands 53 10 [Reserved] 11 Claims 73 12-14 [Reserved] 15 Conduct at the Mt. Weather Emergency Assistance Center and at the National Emergency Training Center 84 16 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Federal Emergency Management Agency 88 17 [Reserved] 18 New restrictions on lobbying 94 19 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance 106 20-24 [Reserved] 25 Uniform relocation assistance and real property acquisition for Federal and federally assisted programs 122 26-49 [Reserved] SUBCHAPTER B—INSURANCE AND HAZARD MITIGATION 50-54 [Reserved] National Insurance Development Program 55-58 [Reserved] National Flood Insurance Program 59 General provisions 123 60 Criteria for land management and use 138 61 Insurance coverage and rates 154 | 14 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 13 3 [Reserved] 4 Intergovernmental review of Federal Emergency Management Agency (FEMA) programs and activities 14 5 Production or disclosure of information 17 6 Implementation of the Privacy Act of 1974 20 7 Nondiscrimination in federally-assisted programs (FEMA Reg. 5) 38 8 [Reserved] 9 Floodplain management and protection of wetlands 53 10 [Reserved] 11 Claims 73 12-14 [Reserved] 15 Conduct at the Mt. Weather Emergency Assistance Center and at the National Emergency Training Center 84 16 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Federal Emergency Management Agency 88 17 [Reserved] 18 New restrictions on lobbying 94 19 Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance 106 20-24 [Reserved] 25 Uniform relocation assistance and real property acquisition for Federal and federally assisted programs 122 26-49 [Reserved] SUBCHAPTER B—INSURANCE AND HAZARD MITIGATION 50-54 [Reserved] National Insurance Development Program 55-58 [Reserved] National Flood Insurance Program 59 General provisions 123 60 Criteria for land management and use 138 61 Insurance coverage and rates 154 62 Sale of insurance and adjustment of claims 249 63 Implementation of section 1306(c) of the National Flood Insurance Act of 1968 260 64 Communities eligible for the sale of insurance 265 65 Identification and mapping of special hazard areas 268 66 Consultation with local officials 285 67 Appeals from proposed flood elevation determinations 286 68 Administrative hearing procedures 290 69 [Reserved] 70 Procedure for map correction 292 71 Implementation of coastal barrier legislation 294 72 Procedures and fees for processing map changes 298 73 Implementation of section 1316 of the National Flood Insurance Act of 1968 301 74 [Reserved] 75 Exemption of State-owned properties under self-insurance plan 302 76-77 [Reserved] 78 Flood mitigation assistance 305 79 Flood mitigation grants 308 80 Property acquisition and | 15 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | relocation assistance and real property acquisition for Federal and federally assisted programs 122 26-49 [Reserved] SUBCHAPTER B—INSURANCE AND HAZARD MITIGATION 50-54 [Reserved] National Insurance Development Program 55-58 [Reserved] National Flood Insurance Program 59 General provisions 123 60 Criteria for land management and use 138 61 Insurance coverage and rates 154 62 Sale of insurance and adjustment of claims 249 63 Implementation of section 1306(c) of the National Flood Insurance Act of 1968 260 64 Communities eligible for the sale of insurance 265 65 Identification and mapping of special hazard areas 268 66 Consultation with local officials 285 67 Appeals from proposed flood elevation determinations 286 68 Administrative hearing procedures 290 69 [Reserved] 70 Procedure for map correction 292 71 Implementation of coastal barrier legislation 294 72 Procedures and fees for processing map changes 298 73 Implementation of section 1316 of the National Flood Insurance Act of 1968 301 74 [Reserved] 75 Exemption of State-owned properties under self-insurance plan 302 76-77 [Reserved] 78 Flood mitigation assistance 305 79 Flood mitigation grants 308 80 Property acquisition and relocation for open space 317 81-149 [Reserved] SUBCHAPTER C—FIRE PREVENTION AND CONTROL 150 Public safety awards to public safety officers 326 151 Reimbursement for costs of firefighting on Federal property 329 152 Assistance to firefighters grant program 334 153-199 [Reserved] SUBCHAPTER D—DISASTER ASSISTANCE 200 [Reserved] 201 Mitigation planning 343 202-203 [Reserved] 204 Fire Management Assistance Grant Program 353 205 [Reserved] 206 Federal disaster assistance 363 207 Management costs 477 208 National Urban Search and Rescue Response System 483 209 Supplemental property acquisition and elevation assistance 499 210-294 [Reserved] SUBCHAPTER E—CERRO GRANDE FIRE ASSISTANCE 295 Cerro Grande fire assistance 507 296-299 [Reserved] SUBCHAPTER F—PREPAREDNESS 300 Disaster preparedness assistance 520 301 [Reserved] 302 Civil defense-State and local Emergency Management Assistance Program (EMA) 521 303 [Reserved] 304 Consolidated | 16 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 72 Procedures and fees for processing map changes 298 73 Implementation of section 1316 of the National Flood Insurance Act of 1968 301 74 [Reserved] 75 Exemption of State-owned properties under self-insurance plan 302 76-77 [Reserved] 78 Flood mitigation assistance 305 79 Flood mitigation grants 308 80 Property acquisition and relocation for open space 317 81-149 [Reserved] SUBCHAPTER C—FIRE PREVENTION AND CONTROL 150 Public safety awards to public safety officers 326 151 Reimbursement for costs of firefighting on Federal property 329 152 Assistance to firefighters grant program 334 153-199 [Reserved] SUBCHAPTER D—DISASTER ASSISTANCE 200 [Reserved] 201 Mitigation planning 343 202-203 [Reserved] 204 Fire Management Assistance Grant Program 353 205 [Reserved] 206 Federal disaster assistance 363 207 Management costs 477 208 National Urban Search and Rescue Response System 483 209 Supplemental property acquisition and elevation assistance 499 210-294 [Reserved] SUBCHAPTER E—CERRO GRANDE FIRE ASSISTANCE 295 Cerro Grande fire assistance 507 296-299 [Reserved] SUBCHAPTER F—PREPAREDNESS 300 Disaster preparedness assistance 520 301 [Reserved] 302 Civil defense-State and local Emergency Management Assistance Program (EMA) 521 303 [Reserved] 304 Consolidated grants to insular areas 530 305-311 [Reserved] 312 Use of civil defense personnel, materials, and facilities for natural disaster purposes 531 313-320 [Reserved] 321 Maintenance of the mobilization base (Department of Defense, Department of Energy, Maritime Administration) 534 322 [Reserved] 323 Guidance on priority use of resources in immediate post attack period (DMO-4) 537 324-326 [Reserved] 327 Policy on use of Government-owned industrial plant equipment by private industry (DMO-10A) 542 328 COVID-19 allocation orders and priority order review under the Defense Production Act (Eff. until 8-10-20) 544 329 Use of priorities and allocation authority for Federal supply classification (FSC) common use items (DMO-12) 545 330 Policy guidance and delegation of authorities for use of priorities and allocations to maximize domestic energy supplies in accordance with | 17 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Response System 483 209 Supplemental property acquisition and elevation assistance 499 210-294 [Reserved] SUBCHAPTER E—CERRO GRANDE FIRE ASSISTANCE 295 Cerro Grande fire assistance 507 296-299 [Reserved] SUBCHAPTER F—PREPAREDNESS 300 Disaster preparedness assistance 520 301 [Reserved] 302 Civil defense-State and local Emergency Management Assistance Program (EMA) 521 303 [Reserved] 304 Consolidated grants to insular areas 530 305-311 [Reserved] 312 Use of civil defense personnel, materials, and facilities for natural disaster purposes 531 313-320 [Reserved] 321 Maintenance of the mobilization base (Department of Defense, Department of Energy, Maritime Administration) 534 322 [Reserved] 323 Guidance on priority use of resources in immediate post attack period (DMO-4) 537 324-326 [Reserved] 327 Policy on use of Government-owned industrial plant equipment by private industry (DMO-10A) 542 328 COVID-19 allocation orders and priority order review under the Defense Production Act (Eff. until 8-10-20) 544 329 Use of priorities and allocation authority for Federal supply classification (FSC) common use items (DMO-12) 545 330 Policy guidance and delegation of authorities for use of priorities and allocations to maximize domestic energy supplies in accordance with subsection 101(c) of the Defense Production Act of 1950, as amended (DMO-13) 546 331 Preservation of the mobilization base through the placement of procurement and facilities in labor surplus areas 548 332 Voluntary agreements under section 708 of the Defense Production Act of 1950, as amended 549 333 Emergency Management Priorities and Allocations System 552 334 Graduated mobilization response 570 335-349 [Reserved] 350 Review and approval of State and local radiological emergency plans and preparedness 574 351 Radiological emergency planning and preparedness 584 352 Commercial nuclear power plants: emergency preparedness planning 590 353 Fee for services in support, review and approval of State and local government or licensee radiological emergency plans and preparedness 596 354 Fee for services to support FEMA'S offsite Radiological Emergency Preparedness | 18 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | priority order review under the Defense Production Act (Eff. until 8-10-20) 544 329 Use of priorities and allocation authority for Federal supply classification (FSC) common use items (DMO-12) 545 330 Policy guidance and delegation of authorities for use of priorities and allocations to maximize domestic energy supplies in accordance with subsection 101(c) of the Defense Production Act of 1950, as amended (DMO-13) 546 331 Preservation of the mobilization base through the placement of procurement and facilities in labor surplus areas 548 332 Voluntary agreements under section 708 of the Defense Production Act of 1950, as amended 549 333 Emergency Management Priorities and Allocations System 552 334 Graduated mobilization response 570 335-349 [Reserved] 350 Review and approval of State and local radiological emergency plans and preparedness 574 351 Radiological emergency planning and preparedness 584 352 Commercial nuclear power plants: emergency preparedness planning 590 353 Fee for services in support, review and approval of State and local government or licensee radiological emergency plans and preparedness 596 354 Fee for services to support FEMA'S offsite Radiological Emergency Preparedness Program 604 355-359 [Reserved] 360 State assistance programs for training and education in comprehensive emergency management 608 361 National earthquake hazards reduction assistance to State and local governments 611 362 Criteria for acceptance of gifts, bequests, or services 616 363-399 [Reserved] SUBCHAPTER A—GENERAL PART 0—GENERAL STATEMENTS OF POLICY [RESERVED] Pt. 1 PART 1—RULEMAKING; POLICY AND PROCEDURES Subpart A—General Sec. 1.1 Purpose. 1.2 Definitions. 1.3 Scope. 1.4 Policy and procedures. 1.5 Rules docket. 1.6 Ex parte communications. 1.7 Regulations agendas. 1.8 Regulations review. 1.9 Regulatory impact analyses. Subpart B—Procedures for Rulemaking 1.10 Initiation of rulemaking. 1.11 Advance notice of proposed rulemaking. 1.12 Notice of proposed rulemaking. 1.13 Participation by interested persons. 1.14 Additional rulemaking proceedings. 1.15 Hearings. 1.16 Adoption of a final rule. 1.17 Petitions for | 19 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 574 351 Radiological emergency planning and preparedness 584 352 Commercial nuclear power plants: emergency preparedness planning 590 353 Fee for services in support, review and approval of State and local government or licensee radiological emergency plans and preparedness 596 354 Fee for services to support FEMA'S offsite Radiological Emergency Preparedness Program 604 355-359 [Reserved] 360 State assistance programs for training and education in comprehensive emergency management 608 361 National earthquake hazards reduction assistance to State and local governments 611 362 Criteria for acceptance of gifts, bequests, or services 616 363-399 [Reserved] SUBCHAPTER A—GENERAL PART 0—GENERAL STATEMENTS OF POLICY [RESERVED] Pt. 1 PART 1—RULEMAKING; POLICY AND PROCEDURES Subpart A—General Sec. 1.1 Purpose. 1.2 Definitions. 1.3 Scope. 1.4 Policy and procedures. 1.5 Rules docket. 1.6 Ex parte communications. 1.7 Regulations agendas. 1.8 Regulations review. 1.9 Regulatory impact analyses. Subpart B—Procedures for Rulemaking 1.10 Initiation of rulemaking. 1.11 Advance notice of proposed rulemaking. 1.12 Notice of proposed rulemaking. 1.13 Participation by interested persons. 1.14 Additional rulemaking proceedings. 1.15 Hearings. 1.16 Adoption of a final rule. 1.17 Petitions for reconsideration. 1.18 Petition for rulemaking. Authority: 5 U.S.C. 551, 552, 553; 5 U.S.C. 601, et seq.; E.O. 12291. Reorganization Plan No. 3 of 1978; E.O. 12127; E.O. 12148. Source: 46 FR 32584, June 24, 1981, unless otherwise noted. Subpart A—General § 1.1 Purpose. (a) This part contains the basic policies and procedures of the Federal Emergency Management Agency (FEMA) for adoption of rules. These policies and procedures incorporate those provisions of section 4 of the Administrative Procedure Act (APA) (5 U.S.C. 553) which FEMA will follow. This part and internal FEMA Manuals implement Executive Order 12291. (b) Rules which must be published are described in section 3(a) of the APA, 5 U.S.C. 552(a). FEMA implementation of paragraph (a) is contained in 44 CFR part 5, | 20 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | communications. 1.7 Regulations agendas. 1.8 Regulations review. 1.9 Regulatory impact analyses. Subpart B—Procedures for Rulemaking 1.10 Initiation of rulemaking. 1.11 Advance notice of proposed rulemaking. 1.12 Notice of proposed rulemaking. 1.13 Participation by interested persons. 1.14 Additional rulemaking proceedings. 1.15 Hearings. 1.16 Adoption of a final rule. 1.17 Petitions for reconsideration. 1.18 Petition for rulemaking. Authority: 5 U.S.C. 551, 552, 553; 5 U.S.C. 601, et seq.; E.O. 12291. Reorganization Plan No. 3 of 1978; E.O. 12127; E.O. 12148. Source: 46 FR 32584, June 24, 1981, unless otherwise noted. Subpart A—General § 1.1 Purpose. (a) This part contains the basic policies and procedures of the Federal Emergency Management Agency (FEMA) for adoption of rules. These policies and procedures incorporate those provisions of section 4 of the Administrative Procedure Act (APA) (5 U.S.C. 553) which FEMA will follow. This part and internal FEMA Manuals implement Executive Order 12291. (b) Rules which must be published are described in section 3(a) of the APA, 5 U.S.C. 552(a). FEMA implementation of paragraph (a) is contained in 44 CFR part 5, subpart B. (c) This part contains policies and procedures for implementation of the Regulatory Flexibility Act which took effect January 1, 1981. (d) A FEMA Manual No. 1140.1, “The Formulation, Drafting, Clearance, and Publication of Federal Register Documents” has been issued describing the internal procedures including policy level oversight of FEMA for: (1) Publishing the semiannual agenda of significant regulations under development and review; (2) Making initial determinations with respect to significance of proposed rulemaking; (3) Determining the need for regulatory analyses; and (4) Reviewing existing regulations, including the reviews required by the Regulatory Flexibility Act. (e) As the FEMA Manual deals with internal management it is not subject to the requirements either of 5 U.S.C. 552 or 553. Its provisions are not part of | 21 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Administrative Procedure Act (APA) (5 U.S.C. 553) which FEMA will follow. This part and internal FEMA Manuals implement Executive Order 12291. (b) Rules which must be published are described in section 3(a) of the APA, 5 U.S.C. 552(a). FEMA implementation of paragraph (a) is contained in 44 CFR part 5, subpart B. (c) This part contains policies and procedures for implementation of the Regulatory Flexibility Act which took effect January 1, 1981. (d) A FEMA Manual No. 1140.1, “The Formulation, Drafting, Clearance, and Publication of Federal Register Documents” has been issued describing the internal procedures including policy level oversight of FEMA for: (1) Publishing the semiannual agenda of significant regulations under development and review; (2) Making initial determinations with respect to significance of proposed rulemaking; (3) Determining the need for regulatory analyses; and (4) Reviewing existing regulations, including the reviews required by the Regulatory Flexibility Act. (e) As the FEMA Manual deals with internal management it is not subject to the requirements either of 5 U.S.C. 552 or 553. Its provisions are not part of this rule and reference to it is informative only. [46 FR 32584, June 24, 1981, as amended at 49 FR 33878, Aug. 27, 1984] § 1.2 Definitions. (a) Rule or regulation means the whole or a part of any agency statement of general applicability and future effect designed to (1) implement, interpret, or prescribe law or policy, or (2) describe procedures or practice requirements. It includes any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term rule does not include a rule of particular applicability relating to rates, wages, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to | 22 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | (3) Determining the need for regulatory analyses; and (4) Reviewing existing regulations, including the reviews required by the Regulatory Flexibility Act. (e) As the FEMA Manual deals with internal management it is not subject to the requirements either of 5 U.S.C. 552 or 553. Its provisions are not part of this rule and reference to it is informative only. [46 FR 32584, June 24, 1981, as amended at 49 FR 33878, Aug. 27, 1984] § 1.2 Definitions. (a) Rule or regulation means the whole or a part of any agency statement of general applicability and future effect designed to (1) implement, interpret, or prescribe law or policy, or (2) describe procedures or practice requirements. It includes any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term rule does not include a rule of particular applicability relating to rates, wages, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances. For purposes of this part the term rule does not include regulations issued with respect to a military or foreign affairs function of the United States. (b) Rulemaking means the FEMA process for considering and formulating the issuance, amendment or repeal of a rule. (c) Administrator means the Administrator, FEMA, or an official to whom the Administrator has expressly delegated authority to issue rules. (d) FEMA means Federal Emergency Management Agency. (e) Major rule means any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; | 23 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | State and local governments for which the agency provides an opportunity for notice and public comment, except that the term rule does not include a rule of particular applicability relating to rates, wages, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances. For purposes of this part the term rule does not include regulations issued with respect to a military or foreign affairs function of the United States. (b) Rulemaking means the FEMA process for considering and formulating the issuance, amendment or repeal of a rule. (c) Administrator means the Administrator, FEMA, or an official to whom the Administrator has expressly delegated authority to issue rules. (d) FEMA means Federal Emergency Management Agency. (e) Major rule means any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. [46 FR 32584, June 24, 1981, as amended at 49 FR 38118, Sept. 27, 1984] § 1.3 Scope. (a) This part prescribes general rulemaking procedures for the issuance, amendment, or repeal of rules in which participation by interested persons is required by 5 U.S.C. 553 or other statutes, by Executive Order 12291, by FEMA policy, or by § 1.4 of this part. (b) Any delegation by the Administrator of authority to issue rules may not be further redelegated, unless expressly provided for in the delegation. (c) This part does not apply to rules issued in accordance | 24 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | means Federal Emergency Management Agency. (e) Major rule means any regulation that is likely to result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (3) Significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic or export markets. [46 FR 32584, June 24, 1981, as amended at 49 FR 38118, Sept. 27, 1984] § 1.3 Scope. (a) This part prescribes general rulemaking procedures for the issuance, amendment, or repeal of rules in which participation by interested persons is required by 5 U.S.C. 553 or other statutes, by Executive Order 12291, by FEMA policy, or by § 1.4 of this part. (b) Any delegation by the Administrator of authority to issue rules may not be further redelegated, unless expressly provided for in the delegation. (c) This part does not apply to rules issued in accordance with the formal rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 556, 557). § 1.4 Policy and procedures. (a) In promulgating new regulations, reviewing existing regulations, and developing legislative proposals concerning regulation, FEMA, to the extent permitted by law, shall adhere to the following requirements: (1) Administrative decisions shall be based on adequate information concerning the need for and consequences of proposed government action; (2) Regulatory action shall not be undertaken unless the potential benefits to society for the regulation outweigh the potential costs to society; (3) Regulatory objectives shall be chosen to maximize the net benefits to society; (4) Among alternative approaches to any given regulatory objective, the alternative involving the least net cost to society shall be chosen; and (5) FEMA shall | 25 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | other statutes, by Executive Order 12291, by FEMA policy, or by § 1.4 of this part. (b) Any delegation by the Administrator of authority to issue rules may not be further redelegated, unless expressly provided for in the delegation. (c) This part does not apply to rules issued in accordance with the formal rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 556, 557). § 1.4 Policy and procedures. (a) In promulgating new regulations, reviewing existing regulations, and developing legislative proposals concerning regulation, FEMA, to the extent permitted by law, shall adhere to the following requirements: (1) Administrative decisions shall be based on adequate information concerning the need for and consequences of proposed government action; (2) Regulatory action shall not be undertaken unless the potential benefits to society for the regulation outweigh the potential costs to society; (3) Regulatory objectives shall be chosen to maximize the net benefits to society; (4) Among alternative approaches to any given regulatory objective, the alternative involving the least net cost to society shall be chosen; and (5) FEMA shall set regulatory priorities with the aim of maximizing the aggregate net benefits to society, taking into account the condition of the particular entities affected by regulations, the condition of the national economy, and other regulatory actions contemplated for the future. (b) It is the policy of FEMA to provide for public participation in rulemaking regarding its programs and functions, including matters that relate to public property, loans, grants, or benefits, or contracts, even though these matters are not subject to a requirement for notice and public comment rulemaking by law. (c) FEMA will publish notices of proposed rulemaking in the Federal Register and will give interested persons an opportunity to participate in the rulemaking through submission of written data, views, and arguments with or without | 26 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | benefits to society for the regulation outweigh the potential costs to society; (3) Regulatory objectives shall be chosen to maximize the net benefits to society; (4) Among alternative approaches to any given regulatory objective, the alternative involving the least net cost to society shall be chosen; and (5) FEMA shall set regulatory priorities with the aim of maximizing the aggregate net benefits to society, taking into account the condition of the particular entities affected by regulations, the condition of the national economy, and other regulatory actions contemplated for the future. (b) It is the policy of FEMA to provide for public participation in rulemaking regarding its programs and functions, including matters that relate to public property, loans, grants, or benefits, or contracts, even though these matters are not subject to a requirement for notice and public comment rulemaking by law. (c) FEMA will publish notices of proposed rulemaking in the Federal Register and will give interested persons an opportunity to participate in the rulemaking through submission of written data, views, and arguments with or without opportunity for oral presentation. (d) In order to give the public, including small entities and consumer groups, an early and meaningful opportunity to participate in the development of rules, for a number of regulations the Administrator will employ additional methods of inviting public participation. These methods include, but are not limited to, publishing advance Notices of Proposed Rulemaking (ANPR), which can include a statement with respect to the impact of the proposed rule on small entities; holding open conferences; convening public forums or panels, sending notices of proposed regulations to publications likely to be read by those affected and soliciting comment from interested parties by such means as direct mail. An ANPR should be used to solicit public comment early in the rulemaking process for | 27 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | matters are not subject to a requirement for notice and public comment rulemaking by law. (c) FEMA will publish notices of proposed rulemaking in the Federal Register and will give interested persons an opportunity to participate in the rulemaking through submission of written data, views, and arguments with or without opportunity for oral presentation. (d) In order to give the public, including small entities and consumer groups, an early and meaningful opportunity to participate in the development of rules, for a number of regulations the Administrator will employ additional methods of inviting public participation. These methods include, but are not limited to, publishing advance Notices of Proposed Rulemaking (ANPR), which can include a statement with respect to the impact of the proposed rule on small entities; holding open conferences; convening public forums or panels, sending notices of proposed regulations to publications likely to be read by those affected and soliciting comment from interested parties by such means as direct mail. An ANPR should be used to solicit public comment early in the rulemaking process for significant rules. (e) It is the policy of FEMA that its notices of proposed rulemaking are to afford the public at least sixty days for submission of comments unless the Administrator makes an exception and sets forth the reasons for the exception in the preamble to the notice of proposed rulemaking. This period shall also include any period of review required by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1980. (f) Unless required by statute or Executive Order, notice and public procedure may be omitted if the Administrator, for good cause, determines in a particular case or class of cases that notice and public procedure is impractical, unnecessary or contrary to the public interest and sets forth the | 28 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | entities; holding open conferences; convening public forums or panels, sending notices of proposed regulations to publications likely to be read by those affected and soliciting comment from interested parties by such means as direct mail. An ANPR should be used to solicit public comment early in the rulemaking process for significant rules. (e) It is the policy of FEMA that its notices of proposed rulemaking are to afford the public at least sixty days for submission of comments unless the Administrator makes an exception and sets forth the reasons for the exception in the preamble to the notice of proposed rulemaking. This period shall also include any period of review required by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1980. (f) Unless required by statute or Executive Order, notice and public procedure may be omitted if the Administrator, for good cause, determines in a particular case or class of cases that notice and public procedure is impractical, unnecessary or contrary to the public interest and sets forth the reason for the determination in the rulemaking document or, for a class of cases, in a published rule or statement of policy. In a particular case, the reasons for the determination will be stated in the rulemaking document. Notice and public procedure may also be omitted with respect to statements of policy, interpretative rules, rules governing FEMA's organization or its own internal practices or procedures, or if a statute expressly authorizes omission. (g) A final substantive rule will be published not less than 30 days before its effective date unless it grants or recognizes an exemption or relieves a restriction or unless the rulemaking document states good cause for its taking effect less than 30 days after publication. Statements of policy and interpretative rules will | 29 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | of 1980. (f) Unless required by statute or Executive Order, notice and public procedure may be omitted if the Administrator, for good cause, determines in a particular case or class of cases that notice and public procedure is impractical, unnecessary or contrary to the public interest and sets forth the reason for the determination in the rulemaking document or, for a class of cases, in a published rule or statement of policy. In a particular case, the reasons for the determination will be stated in the rulemaking document. Notice and public procedure may also be omitted with respect to statements of policy, interpretative rules, rules governing FEMA's organization or its own internal practices or procedures, or if a statute expressly authorizes omission. (g) A final substantive rule will be published not less than 30 days before its effective date unless it grants or recognizes an exemption or relieves a restriction or unless the rulemaking document states good cause for its taking effect less than 30 days after publication. Statements of policy and interpretative rules will usually be made effective on the date of publication. (h) This part shall not apply to any regulation that responds to an emergency situation, provided that, any such regulation shall be reported to the Director, Office of Management and Budget, as soon as is practicable. FEMA shall publish in the Federal Register a statement of the reasons why it is impracticable for the agency to follow the procedures of Executive Order 12866 with respect to such a rule, and the agency shall prepare and transmit, if needed, as soon as is practicable a Regulatory Impact Analysis of any such major rule. [46 FR 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984; 50 FR 40004, Oct. 1, 1985] § 1.5 Rules | 30 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | substantive rule will be published not less than 30 days before its effective date unless it grants or recognizes an exemption or relieves a restriction or unless the rulemaking document states good cause for its taking effect less than 30 days after publication. Statements of policy and interpretative rules will usually be made effective on the date of publication. (h) This part shall not apply to any regulation that responds to an emergency situation, provided that, any such regulation shall be reported to the Director, Office of Management and Budget, as soon as is practicable. FEMA shall publish in the Federal Register a statement of the reasons why it is impracticable for the agency to follow the procedures of Executive Order 12866 with respect to such a rule, and the agency shall prepare and transmit, if needed, as soon as is practicable a Regulatory Impact Analysis of any such major rule. [46 FR 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984; 50 FR 40004, Oct. 1, 1985] § 1.5 Rules docket. (a) Documents which are public records and which are a part of a specific rulemaking procedure, including but not limited to, advance notices of proposed rulemaking, notices of proposed rulemaking, written comments addressed to the merits of a proposed rule, and comments received in response to notices, or withdrawals or terminations of proposed rulemaking, petitions for rulemaking, requests for oral argument in public participation cases, requests for extension of time, grants or denials of petitions or requests, transcripts or minutes of informal hearings, final rules and general notices shall be maintained in the Office of Chief Counsel. All public rulemaking comments should refer to the docket number which appears in the heading of the rule and should be addressed to the Rule Docket Clerk, | 31 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | such a rule, and the agency shall prepare and transmit, if needed, as soon as is practicable a Regulatory Impact Analysis of any such major rule. [46 FR 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984; 50 FR 40004, Oct. 1, 1985] § 1.5 Rules docket. (a) Documents which are public records and which are a part of a specific rulemaking procedure, including but not limited to, advance notices of proposed rulemaking, notices of proposed rulemaking, written comments addressed to the merits of a proposed rule, and comments received in response to notices, or withdrawals or terminations of proposed rulemaking, petitions for rulemaking, requests for oral argument in public participation cases, requests for extension of time, grants or denials of petitions or requests, transcripts or minutes of informal hearings, final rules and general notices shall be maintained in the Office of Chief Counsel. All public rulemaking comments should refer to the docket number which appears in the heading of the rule and should be addressed to the Rule Docket Clerk, Federal Emergency Management Agency, Office of Chief Counsel. (b) Documents which are a part of a specific rulemaking proceeding are public records. After a docket is established, any person may examine docketed material at any time during established hours of business and may obtain a copy of any docketed material upon payment of the prescribed fee. (See part 5 of this chapter.) [46 FR 32584, June 24, 1981, as amended at 48 FR 44542, Sept. 29, 1983] § 1.6 Ex parte communications. In rulemaking proceedings subject only to the procedural requirements of 5 U.S.C. 553: (a) All oral communications from outside FEMA of significant information and argument respecting the merits of a proposed rule, received after notice of proposed informal rulemaking and in its course | 32 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | petitions or requests, transcripts or minutes of informal hearings, final rules and general notices shall be maintained in the Office of Chief Counsel. All public rulemaking comments should refer to the docket number which appears in the heading of the rule and should be addressed to the Rule Docket Clerk, Federal Emergency Management Agency, Office of Chief Counsel. (b) Documents which are a part of a specific rulemaking proceeding are public records. After a docket is established, any person may examine docketed material at any time during established hours of business and may obtain a copy of any docketed material upon payment of the prescribed fee. (See part 5 of this chapter.) [46 FR 32584, June 24, 1981, as amended at 48 FR 44542, Sept. 29, 1983] § 1.6 Ex parte communications. In rulemaking proceedings subject only to the procedural requirements of 5 U.S.C. 553: (a) All oral communications from outside FEMA of significant information and argument respecting the merits of a proposed rule, received after notice of proposed informal rulemaking and in its course by FEMA or its offices and divisions or their personnel participating in the decision, should be summarized in writing and placed promptly in the Rules Docket File available for public inspection. (b) FEMA may conclude that restrictions on ex parte communications in particular rulemaking proceedings are necessitated by consideration of fairness or for other reasons. § 1.7 Regulations agendas. (a) The FEMA semi-annual agenda called for by Executive Order 12291 will be part of the Unified Agenda of Federal Regulations published in April and October of each year. (b) In accordance with 5 U.S.C. 605, the regulatory flexibility agenda required by 5 U.S.C. 602 and the list of rules, if any, to be reviewed pursuant to 5 U.S.C. 610 shall be included in the FEMA | 33 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 29, 1983] § 1.6 Ex parte communications. In rulemaking proceedings subject only to the procedural requirements of 5 U.S.C. 553: (a) All oral communications from outside FEMA of significant information and argument respecting the merits of a proposed rule, received after notice of proposed informal rulemaking and in its course by FEMA or its offices and divisions or their personnel participating in the decision, should be summarized in writing and placed promptly in the Rules Docket File available for public inspection. (b) FEMA may conclude that restrictions on ex parte communications in particular rulemaking proceedings are necessitated by consideration of fairness or for other reasons. § 1.7 Regulations agendas. (a) The FEMA semi-annual agenda called for by Executive Order 12291 will be part of the Unified Agenda of Federal Regulations published in April and October of each year. (b) In accordance with 5 U.S.C. 605, the regulatory flexibility agenda required by 5 U.S.C. 602 and the list of rules, if any, to be reviewed pursuant to 5 U.S.C. 610 shall be included in the FEMA semiannual agenda described in paragraph (a) of this section. (c) The semiannual agenda shall, among other items, include: (1) A summary of the nature of each major rule being considered, the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any major rule for which the agency has issued a notice of proposed rulemaking. (2) The name and telephone number of a knowledgeable agency official for each item on the agenda; and (3) A list of existing regulations to be reviewed under the terms of the Order and a brief discussion of each such regulation. [46 FR 32584, June 24, 1981, as amended at 49 FR 33878, Aug. 27, 1984] § 1.8 Regulations review. (a) As | 34 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Unified Agenda of Federal Regulations published in April and October of each year. (b) In accordance with 5 U.S.C. 605, the regulatory flexibility agenda required by 5 U.S.C. 602 and the list of rules, if any, to be reviewed pursuant to 5 U.S.C. 610 shall be included in the FEMA semiannual agenda described in paragraph (a) of this section. (c) The semiannual agenda shall, among other items, include: (1) A summary of the nature of each major rule being considered, the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any major rule for which the agency has issued a notice of proposed rulemaking. (2) The name and telephone number of a knowledgeable agency official for each item on the agenda; and (3) A list of existing regulations to be reviewed under the terms of the Order and a brief discussion of each such regulation. [46 FR 32584, June 24, 1981, as amended at 49 FR 33878, Aug. 27, 1984] § 1.8 Regulations review. (a) As part of the semiannual agenda described in § 1.7 of this part, FEMA will publish in the Federal Register and keep updated a plan for periodic review of existing rules at least within 10 years from date of publication of a rule as final. This includes those that have significant impact on a substantial number of small entities. (b) The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, including minimizing any significant economic impact of the rules upon a substantial number of small entities. (c) In reviewing rules FEMA shall consider the following factors: (1) The continued need for the rule; (2) The | 35 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | each item on the agenda; and (3) A list of existing regulations to be reviewed under the terms of the Order and a brief discussion of each such regulation. [46 FR 32584, June 24, 1981, as amended at 49 FR 33878, Aug. 27, 1984] § 1.8 Regulations review. (a) As part of the semiannual agenda described in § 1.7 of this part, FEMA will publish in the Federal Register and keep updated a plan for periodic review of existing rules at least within 10 years from date of publication of a rule as final. This includes those that have significant impact on a substantial number of small entities. (b) The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, including minimizing any significant economic impact of the rules upon a substantial number of small entities. (c) In reviewing rules FEMA shall consider the following factors: (1) The continued need for the rule; (2) The nature, type and number of complaints or comments received concerning the rule from the public; (3) The complexity of the rule, including need for review of language for clarity; (4) The extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and (5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. § 1.9 Regulatory impact analyses. (a) FEMA shall, in connection with any major rule, prepare and consider a Regulatory Impact Analysis. Such analysis may be combined with the Regulatory Flexibility Analysis described in §§ 1.12(f) and 1.16(c) of | 36 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, including minimizing any significant economic impact of the rules upon a substantial number of small entities. (c) In reviewing rules FEMA shall consider the following factors: (1) The continued need for the rule; (2) The nature, type and number of complaints or comments received concerning the rule from the public; (3) The complexity of the rule, including need for review of language for clarity; (4) The extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and (5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. § 1.9 Regulatory impact analyses. (a) FEMA shall, in connection with any major rule, prepare and consider a Regulatory Impact Analysis. Such analysis may be combined with the Regulatory Flexibility Analysis described in §§ 1.12(f) and 1.16(c) of this part. (b) FEMA shall initially determine whether a rule it intends to propose or to issue is a major rule and, if a major rule, shall prepare Regulatory Impact Analyses and transmit them, along with all notices of proposed rulemaking and all final rules, to the Director, Office of Management and Budget, as follows: (1) If no notice of proposed rulemaking is to be published for a proposed major rule that is not an emergency rule, the agency shall prepare only a final Regulatory Impact Analysis, which shall be transmitted, along with the proposed rule, to the Director, Office of Management and Budget, at least 60 days prior to the publication of the major rule as a final rule; (2) With respect to all | 37 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | or other factors have changed in the area affected by the rule. § 1.9 Regulatory impact analyses. (a) FEMA shall, in connection with any major rule, prepare and consider a Regulatory Impact Analysis. Such analysis may be combined with the Regulatory Flexibility Analysis described in §§ 1.12(f) and 1.16(c) of this part. (b) FEMA shall initially determine whether a rule it intends to propose or to issue is a major rule and, if a major rule, shall prepare Regulatory Impact Analyses and transmit them, along with all notices of proposed rulemaking and all final rules, to the Director, Office of Management and Budget, as follows: (1) If no notice of proposed rulemaking is to be published for a proposed major rule that is not an emergency rule, the agency shall prepare only a final Regulatory Impact Analysis, which shall be transmitted, along with the proposed rule, to the Director, Office of Management and Budget, at least 60 days prior to the publication of the major rule as a final rule; (2) With respect to all other major rules, FEMA shall prepare a preliminary Regulatory Impact Analysis, which shall be transmitted, along with a notice of proposed rulemaking, to the Director, Office of Management and Budget, at least 60 days prior to the publication of a notice of proposed rulemaking, and a final Regulatory Impact Analysis, which shall be transmitted along with the final rule at least 30 days prior to the publication of the major rule as a final rule; (3) For all rules other than major rules, FEMA shall, unless an exemption has been granted, submit to the Director, Office of Management and Budget, at least 10 days prior to publication, every notice of proposed rulemaking and final rule. (c) To permit each major rule to be analyzed in | 38 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | emergency rule, the agency shall prepare only a final Regulatory Impact Analysis, which shall be transmitted, along with the proposed rule, to the Director, Office of Management and Budget, at least 60 days prior to the publication of the major rule as a final rule; (2) With respect to all other major rules, FEMA shall prepare a preliminary Regulatory Impact Analysis, which shall be transmitted, along with a notice of proposed rulemaking, to the Director, Office of Management and Budget, at least 60 days prior to the publication of a notice of proposed rulemaking, and a final Regulatory Impact Analysis, which shall be transmitted along with the final rule at least 30 days prior to the publication of the major rule as a final rule; (3) For all rules other than major rules, FEMA shall, unless an exemption has been granted, submit to the Director, Office of Management and Budget, at least 10 days prior to publication, every notice of proposed rulemaking and final rule. (c) To permit each major rule to be analyzed in light of the requirements stated in section 2 of Executive Order 12291, each preliminary and final Regulatory Impact Analysis shall contain the following information: (1) A description of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits; (2) A description of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms, and the identification of those likely to bear the costs; (3) A determination of the potential net benefits of the rule, including an evaluation of effects that cannot be quantified in monetary terms; (4) A description of alternative approaches that could substantially achieve the same regulatory goal at lower | 39 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | (3) For all rules other than major rules, FEMA shall, unless an exemption has been granted, submit to the Director, Office of Management and Budget, at least 10 days prior to publication, every notice of proposed rulemaking and final rule. (c) To permit each major rule to be analyzed in light of the requirements stated in section 2 of Executive Order 12291, each preliminary and final Regulatory Impact Analysis shall contain the following information: (1) A description of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits; (2) A description of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms, and the identification of those likely to bear the costs; (3) A determination of the potential net benefits of the rule, including an evaluation of effects that cannot be quantified in monetary terms; (4) A description of alternative approaches that could substantially achieve the same regulatory goal at lower cost, together with an analysis of this potential benefit and costs and a brief explanation of the legal reasons why such alternatives, if proposed, could not be adopted; and (5) Unless covered by the description required under paragraph (c)(4) of this section, an explanation of any legal reasons why the rule cannot be based on the requirements set forth in section 2 of Executive Order 12291. Subpart B—Procedures for Rulemaking § 1.10 Initiation of rulemaking. Rulemaking may be initiated on the Administrator's motion or upon motion of an official to whom rulemaking authority has been delegated. Rulemaking may also be initiated on the petition of any interested person in accordance with the provisions of § 1.18. Interested person includes a Federal, State, or local government | 40 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | terms, and the identification of those likely to bear the costs; (3) A determination of the potential net benefits of the rule, including an evaluation of effects that cannot be quantified in monetary terms; (4) A description of alternative approaches that could substantially achieve the same regulatory goal at lower cost, together with an analysis of this potential benefit and costs and a brief explanation of the legal reasons why such alternatives, if proposed, could not be adopted; and (5) Unless covered by the description required under paragraph (c)(4) of this section, an explanation of any legal reasons why the rule cannot be based on the requirements set forth in section 2 of Executive Order 12291. Subpart B—Procedures for Rulemaking § 1.10 Initiation of rulemaking. Rulemaking may be initiated on the Administrator's motion or upon motion of an official to whom rulemaking authority has been delegated. Rulemaking may also be initiated on the petition of any interested person in accordance with the provisions of § 1.18. Interested person includes a Federal, State, or local government or government agency. § 1.11 Advance notice of proposed rulemaking. An Advance Notice of Proposed Rulemaking will be published in the Federal Register and contains: (a) A description of the proposed new program or program changes, and why they are needed; (b) A presentation of the major policy issues involved; (c) A request for comments, both specific and general, on the need for the proposed rule and the provisions that the rule might include; (d) If appropriate, a list of questions about the proposal which seeks to bring out detailed comments; (e) If known, an estimate of the reporting or recordkeeping requirements, if any, that the rule would impose; and (f) The time within which comments may be submitted to the Rules Docket Clerk, Federal | 41 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Rulemaking may be initiated on the Administrator's motion or upon motion of an official to whom rulemaking authority has been delegated. Rulemaking may also be initiated on the petition of any interested person in accordance with the provisions of § 1.18. Interested person includes a Federal, State, or local government or government agency. § 1.11 Advance notice of proposed rulemaking. An Advance Notice of Proposed Rulemaking will be published in the Federal Register and contains: (a) A description of the proposed new program or program changes, and why they are needed; (b) A presentation of the major policy issues involved; (c) A request for comments, both specific and general, on the need for the proposed rule and the provisions that the rule might include; (d) If appropriate, a list of questions about the proposal which seeks to bring out detailed comments; (e) If known, an estimate of the reporting or recordkeeping requirements, if any, that the rule would impose; and (f) The time within which comments may be submitted to the Rules Docket Clerk, Federal Emergency Management Agency, Washington, DC 20472. [46 FR 32584, June 24, 1981, as amended at 48 FR 44542, Sept. 29, 1983; 49 FR 33879, Aug. 27, 1984] § 1.12 Notice of proposed rulemaking. Each notice of proposed rulemaking required by statute, executive order, or by § 1.4 will be published in the Federal Register and will include: (a) The substance or terms of the proposed rule or a description of the subject matter and issues involved. (b) A statement of how and to what extent interested persons may participate in the proceeding. (c) Where participation is limited to written comments, a statement of the time within which such comments must be submitted. (d) A reference to the legal authority under which the proposal is issued. | 42 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | If appropriate, a list of questions about the proposal which seeks to bring out detailed comments; (e) If known, an estimate of the reporting or recordkeeping requirements, if any, that the rule would impose; and (f) The time within which comments may be submitted to the Rules Docket Clerk, Federal Emergency Management Agency, Washington, DC 20472. [46 FR 32584, June 24, 1981, as amended at 48 FR 44542, Sept. 29, 1983; 49 FR 33879, Aug. 27, 1984] § 1.12 Notice of proposed rulemaking. Each notice of proposed rulemaking required by statute, executive order, or by § 1.4 will be published in the Federal Register and will include: (a) The substance or terms of the proposed rule or a description of the subject matter and issues involved. (b) A statement of how and to what extent interested persons may participate in the proceeding. (c) Where participation is limited to written comments, a statement of the time within which such comments must be submitted. (d) A reference to the legal authority under which the proposal is issued. (e) In a proceeding which has provided Advance Notice of Proposed Rulemaking, an analysis of the principal issues and recommendations raised by the comments, and the manner in which they have been addressed in the proposed rulemaking. (f)(1) A brief statement setting forth the agency's initial determination whether the proposed rule is a major rule, together with the reasons underlying that determination; (2) For each proposed major rule, a brief summary of the agency's preliminary Regulatory Impact Analysis; and (3) The initial regulatory flexibility analysis or a summary thereof as required by the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), or a certification that the rule, if promulgated, will not have a significant economic impact on a significant number of small entities pursuant to | 43 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | involved. (b) A statement of how and to what extent interested persons may participate in the proceeding. (c) Where participation is limited to written comments, a statement of the time within which such comments must be submitted. (d) A reference to the legal authority under which the proposal is issued. (e) In a proceeding which has provided Advance Notice of Proposed Rulemaking, an analysis of the principal issues and recommendations raised by the comments, and the manner in which they have been addressed in the proposed rulemaking. (f)(1) A brief statement setting forth the agency's initial determination whether the proposed rule is a major rule, together with the reasons underlying that determination; (2) For each proposed major rule, a brief summary of the agency's preliminary Regulatory Impact Analysis; and (3) The initial regulatory flexibility analysis or a summary thereof as required by the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), or a certification that the rule, if promulgated, will not have a significant economic impact on a significant number of small entities pursuant to 5 U.S.C. 605. Such certification may be made by any FEMA official with rulemaking authority. (g) It is desirable, but not required, that the notices contain a target deadline for issuance of the regulation, and that to the extent feasible, this deadline be met. (h) If the rule is one which contains a requirement for collection of information, a copy of the rule will be furnished OMB in accordance with 44 U.S.C. 3504(h). [46 FR 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984] § 1.13 Participation by interested persons. (a) Unless the notice otherwise provides, any interested person may participate in rulemaking proceedings by submitting written data, views or arguments within the comment time stated in the notice. In addition, | 44 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Regulatory Impact Analysis; and (3) The initial regulatory flexibility analysis or a summary thereof as required by the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), or a certification that the rule, if promulgated, will not have a significant economic impact on a significant number of small entities pursuant to 5 U.S.C. 605. Such certification may be made by any FEMA official with rulemaking authority. (g) It is desirable, but not required, that the notices contain a target deadline for issuance of the regulation, and that to the extent feasible, this deadline be met. (h) If the rule is one which contains a requirement for collection of information, a copy of the rule will be furnished OMB in accordance with 44 U.S.C. 3504(h). [46 FR 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984] § 1.13 Participation by interested persons. (a) Unless the notice otherwise provides, any interested person may participate in rulemaking proceedings by submitting written data, views or arguments within the comment time stated in the notice. In addition, the Administrator may permit the filing of comments in response to original comments. (b) In appropriate cases, the Administrator may provide for oral presentation of views in additional proceedings described in § 1.14. (c) Copies of regulatory flexibility analyses shall be furnished the Chief Counsel for Advocacy of the Small Business Administration. § 1.14 Additional rulemaking proceedings. The Administrator may invite interested persons to present oral arguments, appear at informal hearings, or participate in any other procedure affording opportunity for oral presentation of views. The transcript or minutes of such meetings, as appropriate, will be kept and filed in the Rules Docket. § 1.15 Hearings. (a) The provisions of 5 U.S.C. 556 and 557, which govern formal hearings in adjudicatory proceedings, do not apply to | 45 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 32584, June 24, 1981, as amended at 49 FR 38119, Sept. 27, 1984] § 1.13 Participation by interested persons. (a) Unless the notice otherwise provides, any interested person may participate in rulemaking proceedings by submitting written data, views or arguments within the comment time stated in the notice. In addition, the Administrator may permit the filing of comments in response to original comments. (b) In appropriate cases, the Administrator may provide for oral presentation of views in additional proceedings described in § 1.14. (c) Copies of regulatory flexibility analyses shall be furnished the Chief Counsel for Advocacy of the Small Business Administration. § 1.14 Additional rulemaking proceedings. The Administrator may invite interested persons to present oral arguments, appear at informal hearings, or participate in any other procedure affording opportunity for oral presentation of views. The transcript or minutes of such meetings, as appropriate, will be kept and filed in the Rules Docket. § 1.15 Hearings. (a) The provisions of 5 U.S.C. 556 and 557, which govern formal hearings in adjudicatory proceedings, do not apply to informal rulemaking proceedings described in this part. When opportunity is afforded for oral presentation, the informal “hearing” is a nonadversary, fact-finding proceeding. Any rule issued in a proceeding under this part in which a hearing is held need not be based exclusively on the record of such hearing. (b) When a hearing is provided, the Administrator will designate a representative to conduct the hearing. § 1.16 Adoption of a final rule. (a) All timely comments will be considered in taking final action on a proposed rule. Each preamble to a final rule will contain a short analysis and evaluation of the relevant significant issues set forth in the comments submitted, and a clear concise statement of the basis and purpose of the rule. (b) When | 46 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | other procedure affording opportunity for oral presentation of views. The transcript or minutes of such meetings, as appropriate, will be kept and filed in the Rules Docket. § 1.15 Hearings. (a) The provisions of 5 U.S.C. 556 and 557, which govern formal hearings in adjudicatory proceedings, do not apply to informal rulemaking proceedings described in this part. When opportunity is afforded for oral presentation, the informal “hearing” is a nonadversary, fact-finding proceeding. Any rule issued in a proceeding under this part in which a hearing is held need not be based exclusively on the record of such hearing. (b) When a hearing is provided, the Administrator will designate a representative to conduct the hearing. § 1.16 Adoption of a final rule. (a) All timely comments will be considered in taking final action on a proposed rule. Each preamble to a final rule will contain a short analysis and evaluation of the relevant significant issues set forth in the comments submitted, and a clear concise statement of the basis and purpose of the rule. (b) When determined necessary by the Administrator in accordance with the provisions of 1 CFR 18.12, the preamble shall contain the following information: (1) A discussion of the background and major issues involved; (2) In the case of a final rule, any significant differences between it and the proposed rule; (3) A response to substantive public comments received; and (4) Any other information the Administrator considers appropriate. (c) At the time of publication of the final rule, a statement shall be published describing how the public may obtain copies of the final regulatory flexibility analysis which must be prepared in accordance with 5 U.S.C. 604 unless the procedure for waiver or delay of completion under 5 U.S.C. 608 is followed. (d) Before approving any final major rule | 47 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | will be considered in taking final action on a proposed rule. Each preamble to a final rule will contain a short analysis and evaluation of the relevant significant issues set forth in the comments submitted, and a clear concise statement of the basis and purpose of the rule. (b) When determined necessary by the Administrator in accordance with the provisions of 1 CFR 18.12, the preamble shall contain the following information: (1) A discussion of the background and major issues involved; (2) In the case of a final rule, any significant differences between it and the proposed rule; (3) A response to substantive public comments received; and (4) Any other information the Administrator considers appropriate. (c) At the time of publication of the final rule, a statement shall be published describing how the public may obtain copies of the final regulatory flexibility analysis which must be prepared in accordance with 5 U.S.C. 604 unless the procedure for waiver or delay of completion under 5 U.S.C. 608 is followed. (d) Before approving any final major rule FEMA will: (1) Make a determination that the regulation is clearly within the authority delegated by law and consistent with congressional intent and include in the Federal Register at the time of promulgation a memorandum of law supporting that determination; and (2) Make a determination that the factual conclusions upon which the rule is based have substantial support in the agency record, viewed as a whole, with full attention to public comments in general and the comments of persons directly affected by the rule in particular. § 1.17 Petitions for reconsideration. Petitions for reconsideration of a final rule will not be considered. Such petitions, if filed, will be treated as petitions for rulemaking in accordance with § 1.18. § 1.18 Petition for rulemaking. (a) Any | 48 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | a statement shall be published describing how the public may obtain copies of the final regulatory flexibility analysis which must be prepared in accordance with 5 U.S.C. 604 unless the procedure for waiver or delay of completion under 5 U.S.C. 608 is followed. (d) Before approving any final major rule FEMA will: (1) Make a determination that the regulation is clearly within the authority delegated by law and consistent with congressional intent and include in the Federal Register at the time of promulgation a memorandum of law supporting that determination; and (2) Make a determination that the factual conclusions upon which the rule is based have substantial support in the agency record, viewed as a whole, with full attention to public comments in general and the comments of persons directly affected by the rule in particular. § 1.17 Petitions for reconsideration. Petitions for reconsideration of a final rule will not be considered. Such petitions, if filed, will be treated as petitions for rulemaking in accordance with § 1.18. § 1.18 Petition for rulemaking. (a) Any interested person may petition the Administrator for the issuance, amendment, or repeal of a rule. For purposes of this section the term person includes a Federal, State or local government or government agency. Each petition shall: (1) Be submitted to the Rules Docket Clerk; (2) Set forth the substance of the rule or amendment proposed or specify the rule sought to be repealed or amended; (3) Explain the interest of the petitioner in support of the action sought; and (4) Set forth all data and arguments available to the petitioner in support of the action sought. (b) No public procedures will be held directly on the petition before its disposition. If the Administrator finds that the petition contains adequate justification, a rulemaking proceeding will be | 49 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | the comments of persons directly affected by the rule in particular. § 1.17 Petitions for reconsideration. Petitions for reconsideration of a final rule will not be considered. Such petitions, if filed, will be treated as petitions for rulemaking in accordance with § 1.18. § 1.18 Petition for rulemaking. (a) Any interested person may petition the Administrator for the issuance, amendment, or repeal of a rule. For purposes of this section the term person includes a Federal, State or local government or government agency. Each petition shall: (1) Be submitted to the Rules Docket Clerk; (2) Set forth the substance of the rule or amendment proposed or specify the rule sought to be repealed or amended; (3) Explain the interest of the petitioner in support of the action sought; and (4) Set forth all data and arguments available to the petitioner in support of the action sought. (b) No public procedures will be held directly on the petition before its disposition. If the Administrator finds that the petition contains adequate justification, a rulemaking proceeding will be initiated or a final rule will be issued as appropriate. If the Administrator finds that the petition does not contain adequate justification, the petition will be denied by letter or other notice, with a brief statement of the ground for denial. The Administrator may consider new evidence at any time; however, repetitious petitions for rulemaking will not be considered. Pt. 2 PART 2—OMB CONTROL NUMBERS Sec. 2.1 Purpose. 2.2 OMB control numbers assigned to information collections. Authority: 5 U.S.C. 552; 42 U.S.C. 3507; Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12127, 3 CFR, 1979 Comp., p. 376; E.O. 12148, as amended, 3 CFR, 1979 Comp., p. 412. Source: 74 FR 15332, Apr. 3, 2009, unless otherwise noted. § 2.1 Purpose. This | 50 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | the action sought; and (4) Set forth all data and arguments available to the petitioner in support of the action sought. (b) No public procedures will be held directly on the petition before its disposition. If the Administrator finds that the petition contains adequate justification, a rulemaking proceeding will be initiated or a final rule will be issued as appropriate. If the Administrator finds that the petition does not contain adequate justification, the petition will be denied by letter or other notice, with a brief statement of the ground for denial. The Administrator may consider new evidence at any time; however, repetitious petitions for rulemaking will not be considered. Pt. 2 PART 2—OMB CONTROL NUMBERS Sec. 2.1 Purpose. 2.2 OMB control numbers assigned to information collections. Authority: 5 U.S.C. 552; 42 U.S.C. 3507; Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12127, 3 CFR, 1979 Comp., p. 376; E.O. 12148, as amended, 3 CFR, 1979 Comp., p. 412. Source: 74 FR 15332, Apr. 3, 2009, unless otherwise noted. § 2.1 Purpose. This part collects and displays the control numbers assigned to information collection requirements of FEMA by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). FEMA intends that this part comply with the requirements of section 3507(f) of the Paperwork Reduction Act, which requires that agencies display a current control number assigned by the Director of OMB for each agency information collection requirement. § 2.2 OMB control numbers assigned to information collections. 44 CFR part or section where identified or described Current OMB Control No. 59 1660-0023 59.22 1660-0003, 1660-0004 59 subpart C 1660-0045 60.6, 60.3 1660-0033 61.13 1660-0006 62 subpart B 1660-0005,1660-0095 62.23(l) 1660-0086 62.24 1660-0020, 1660-0038 65, 70 generally 1660-0037 71.4 1660-0010 72 | 51 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | collections. Authority: 5 U.S.C. 552; 42 U.S.C. 3507; Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12127, 3 CFR, 1979 Comp., p. 376; E.O. 12148, as amended, 3 CFR, 1979 Comp., p. 412. Source: 74 FR 15332, Apr. 3, 2009, unless otherwise noted. § 2.1 Purpose. This part collects and displays the control numbers assigned to information collection requirements of FEMA by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). FEMA intends that this part comply with the requirements of section 3507(f) of the Paperwork Reduction Act, which requires that agencies display a current control number assigned by the Director of OMB for each agency information collection requirement. § 2.2 OMB control numbers assigned to information collections. 44 CFR part or section where identified or described Current OMB Control No. 59 1660-0023 59.22 1660-0003, 1660-0004 59 subpart C 1660-0045 60.6, 60.3 1660-0033 61.13 1660-0006 62 subpart B 1660-0005,1660-0095 62.23(l) 1660-0086 62.24 1660-0020, 1660-0038 65, 70 generally 1660-0037 71.4 1660-0010 72 1660-0015, 1660-0016 75.11 1660-0013 78 1660-0062, 1660-0072,1660-0075 79.7(d) 1660-0104 80 1660-0103 151.11 1660-0014 152.4, 152.7 1660-0069 201 1660-0062, 1660-0072, 1660-0103 204 1660-0058 206 subpart B: 206.34, 206.35, 206.36, 206.46, 206.47 1660-0009 206 subpart D: 206.101(e), 202.110, 206.117, 206.119 1660-0002 206.112, 206.114, 206.115 1660-0061 206.171 1660-0085 206.202(f)(2), 206.203(c), 206.203(d)(i), 206.204(f) 1660-0017 206 subpart K 1660-0082, 1660-0083 206 subpart N 1660-0076 206.437 1660-0026 206.440 1660-0076 208 1660-0073 352 1660-0024 PART 3 [RESERVED] Pt. 4 PART 4—INTERGOVERNMENTAL REVIEW OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PROGRAMS AND ACTIVITIES Sec. 4.1 What is the purpose of these regulations? 4.2 What definitions apply to these regulations? 4.3 What programs and activities of FEMA are subject to these regulations? 4.4 [Reserved] 4.5 What is the Administrator's obligation with respect to Federal interagency | 52 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | OMB control numbers assigned to information collections. 44 CFR part or section where identified or described Current OMB Control No. 59 1660-0023 59.22 1660-0003, 1660-0004 59 subpart C 1660-0045 60.6, 60.3 1660-0033 61.13 1660-0006 62 subpart B 1660-0005,1660-0095 62.23(l) 1660-0086 62.24 1660-0020, 1660-0038 65, 70 generally 1660-0037 71.4 1660-0010 72 1660-0015, 1660-0016 75.11 1660-0013 78 1660-0062, 1660-0072,1660-0075 79.7(d) 1660-0104 80 1660-0103 151.11 1660-0014 152.4, 152.7 1660-0069 201 1660-0062, 1660-0072, 1660-0103 204 1660-0058 206 subpart B: 206.34, 206.35, 206.36, 206.46, 206.47 1660-0009 206 subpart D: 206.101(e), 202.110, 206.117, 206.119 1660-0002 206.112, 206.114, 206.115 1660-0061 206.171 1660-0085 206.202(f)(2), 206.203(c), 206.203(d)(i), 206.204(f) 1660-0017 206 subpart K 1660-0082, 1660-0083 206 subpart N 1660-0076 206.437 1660-0026 206.440 1660-0076 208 1660-0073 352 1660-0024 PART 3 [RESERVED] Pt. 4 PART 4—INTERGOVERNMENTAL REVIEW OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PROGRAMS AND ACTIVITIES Sec. 4.1 What is the purpose of these regulations? 4.2 What definitions apply to these regulations? 4.3 What programs and activities of FEMA are subject to these regulations? 4.4 [Reserved] 4.5 What is the Administrator's obligation with respect to Federal interagency coordination? 4.6 What procedures apply to the selection of programs and activities under these regulations? 4.7 How does the Administrator communicate with State and local officials concerning FEMA's programs and activities? 4.8 How does the Administrator provide an opportunity to comment on proposed Federal financial assistance and direct Federal development? 4.9 How does the Administrator receive and respond to comments? 4.10 How does the Administrator make efforts to accommodate intergovernmental concerns? 4.11 What are the Administrator's obligations in interstate situations? 4.12 How may a State simplify, consolidate, or substitute federally required State plans? 4.13 May the Administrator waive any provision of these regulations? Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended April 8, 1983 (48 FR 15887); sec. 401, Intergovernmental Cooperation Act | 53 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PROGRAMS AND ACTIVITIES Sec. 4.1 What is the purpose of these regulations? 4.2 What definitions apply to these regulations? 4.3 What programs and activities of FEMA are subject to these regulations? 4.4 [Reserved] 4.5 What is the Administrator's obligation with respect to Federal interagency coordination? 4.6 What procedures apply to the selection of programs and activities under these regulations? 4.7 How does the Administrator communicate with State and local officials concerning FEMA's programs and activities? 4.8 How does the Administrator provide an opportunity to comment on proposed Federal financial assistance and direct Federal development? 4.9 How does the Administrator receive and respond to comments? 4.10 How does the Administrator make efforts to accommodate intergovernmental concerns? 4.11 What are the Administrator's obligations in interstate situations? 4.12 How may a State simplify, consolidate, or substitute federally required State plans? 4.13 May the Administrator waive any provision of these regulations? Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended April 8, 1983 (48 FR 15887); sec. 401, Intergovernmental Cooperation Act of 1968, as amended (31 U.S.C. 6506); sec. 204, Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3334). Source: 48 FR 29316, June 24, 1983, unless otherwise noted. Editorial Note: For additional information, see related documents published at 47 FR 57369, Dec. 23, 1982; 48 FR 17101, Apr. 21, 1983; and 48 FR 29096, June 24, 1983. § 4.1 What is the purpose of these regulations? (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968 and section 204 of the Demonstration Cities and Metropolitan Development Act of 1966. (b) | 54 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Administrator's obligations in interstate situations? 4.12 How may a State simplify, consolidate, or substitute federally required State plans? 4.13 May the Administrator waive any provision of these regulations? Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended April 8, 1983 (48 FR 15887); sec. 401, Intergovernmental Cooperation Act of 1968, as amended (31 U.S.C. 6506); sec. 204, Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3334). Source: 48 FR 29316, June 24, 1983, unless otherwise noted. Editorial Note: For additional information, see related documents published at 47 FR 57369, Dec. 23, 1982; 48 FR 17101, Apr. 21, 1983; and 48 FR 29096, June 24, 1983. § 4.1 What is the purpose of these regulations? (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968 and section 204 of the Demonstration Cities and Metropolitan Development Act of 1966. (b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on State, areawide, regional and local coordination for review of proposed Federal financial assistance and direct Federal development. (c) These regulations are intended to aid the internal management of FEMA, and are not intended to create any right or benefit enforceable at law by a party against FEMA or its officers. § 4.2 What definitions apply to these regulations? Administrator means the Administrator of FEMA or an official or employee of FEMA acting for the Administrator of FEMA under a delegation of authority. FEMA means the Federal Emergency Management Agency. Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled | 55 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968 and section 204 of the Demonstration Cities and Metropolitan Development Act of 1966. (b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on State, areawide, regional and local coordination for review of proposed Federal financial assistance and direct Federal development. (c) These regulations are intended to aid the internal management of FEMA, and are not intended to create any right or benefit enforceable at law by a party against FEMA or its officers. § 4.2 What definitions apply to these regulations? Administrator means the Administrator of FEMA or an official or employee of FEMA acting for the Administrator of FEMA under a delegation of authority. FEMA means the Federal Emergency Management Agency. Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled “Intergovernmental Review of Federal Programs.” State means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands. [48 FR 29316, June 24, 1983, as amended at 74 FR 15332, Apr. 3, 2009] § 4.3 What programs and activities of FEMA are subject to these regulations? The Administrator publishes in the Federal Register a list of FEMA's programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act. § 4.4 [Reserved] § 4.5 What is the Administrator's obligation with respect to Federal | 56 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | to these regulations? Administrator means the Administrator of FEMA or an official or employee of FEMA acting for the Administrator of FEMA under a delegation of authority. FEMA means the Federal Emergency Management Agency. Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled “Intergovernmental Review of Federal Programs.” State means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust Territory of the Pacific Islands. [48 FR 29316, June 24, 1983, as amended at 74 FR 15332, Apr. 3, 2009] § 4.3 What programs and activities of FEMA are subject to these regulations? The Administrator publishes in the Federal Register a list of FEMA's programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act. § 4.4 [Reserved] § 4.5 What is the Administrator's obligation with respect to Federal interagency coordination? The Administrator, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and FEMA regarding programs and activities covered under these regulations. § 4.6 What procedures apply to the selection of programs and activities under these regulations? (a) A State may select any program or activity published in the Federal Register in accordance with § 4.3 of this part for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected officials. (b) Each State that adopts a process shall notify the Administrator of FEMA's programs and activities selected for that process. (c) A State may notify the Administrator | 57 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Federal Register a list of FEMA's programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act. § 4.4 [Reserved] § 4.5 What is the Administrator's obligation with respect to Federal interagency coordination? The Administrator, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and FEMA regarding programs and activities covered under these regulations. § 4.6 What procedures apply to the selection of programs and activities under these regulations? (a) A State may select any program or activity published in the Federal Register in accordance with § 4.3 of this part for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected officials. (b) Each State that adopts a process shall notify the Administrator of FEMA's programs and activities selected for that process. (c) A State may notify the Administrator of changes in its selections at any time. For each change, the State shall submit to the Administrator an assurance that the State has consulted with local elected officials regarding the change. FEMA may establish deadlines by which States are required to inform the Administrator of changes in their program selections. (d) The Administrator uses a State's process as soon as feasible, depending on individual programs and activities, after the Administrator is notified of its selections. § 4.7 How does the Administrator communicate with State and local officials concerning FEMA's programs and activities? (a) For those programs and activities covered by a state process under § 4.6, the Administrator, to the extent permitted by law: (1) Uses the state process to determine views of State | 58 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 4.3 of this part for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected officials. (b) Each State that adopts a process shall notify the Administrator of FEMA's programs and activities selected for that process. (c) A State may notify the Administrator of changes in its selections at any time. For each change, the State shall submit to the Administrator an assurance that the State has consulted with local elected officials regarding the change. FEMA may establish deadlines by which States are required to inform the Administrator of changes in their program selections. (d) The Administrator uses a State's process as soon as feasible, depending on individual programs and activities, after the Administrator is notified of its selections. § 4.7 How does the Administrator communicate with State and local officials concerning FEMA's programs and activities? (a) For those programs and activities covered by a state process under § 4.6, the Administrator, to the extent permitted by law: (1) Uses the state process to determine views of State and local elected officials; and, (2) Communicates with State and local elected officials, through the state process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions. (b) The Administrator provides notice to directly affected State, areawide, regional, and local entities in a State of proposed Federal financial assistance or direct Federal development if: (1) The State has not adopted a process under the Order; or (2) The assistance or development involves a program or activity not selected for the State process. This notice may be made by publication in the Federal Register or other appropriate means, which FEMA in its discretion deems appropriate. § 4.8 How does the Administrator provide an opportunity to comment on proposed Federal | 59 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | selections. § 4.7 How does the Administrator communicate with State and local officials concerning FEMA's programs and activities? (a) For those programs and activities covered by a state process under § 4.6, the Administrator, to the extent permitted by law: (1) Uses the state process to determine views of State and local elected officials; and, (2) Communicates with State and local elected officials, through the state process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions. (b) The Administrator provides notice to directly affected State, areawide, regional, and local entities in a State of proposed Federal financial assistance or direct Federal development if: (1) The State has not adopted a process under the Order; or (2) The assistance or development involves a program or activity not selected for the State process. This notice may be made by publication in the Federal Register or other appropriate means, which FEMA in its discretion deems appropriate. § 4.8 How does the Administrator provide an opportunity to comment on proposed Federal financial assistance and direct Federal development? (a) Except in unusual circumstances, the Administrator gives state processes or directly affected State, areawide, regional and local officials and entities at least 60 days from the date established by the Administrator to comment on proposed direct Federal development or Federal financial assistance. (b) This section also applies to comments in cases in which the review, coordination, and communication with FEMA have been delegated. (c) Applicants for programs and activities subject to section 204 of the Demonstration Cities and Metropolitan Act shall allow areawide agencies a 60-day opportunity for review and comment. § 4.9 How does the Administrator receive and respond to comments? (a) The Administrator follows the procedures in § 4.10 if: (1) A State office or official | 60 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | assistance or development involves a program or activity not selected for the State process. This notice may be made by publication in the Federal Register or other appropriate means, which FEMA in its discretion deems appropriate. § 4.8 How does the Administrator provide an opportunity to comment on proposed Federal financial assistance and direct Federal development? (a) Except in unusual circumstances, the Administrator gives state processes or directly affected State, areawide, regional and local officials and entities at least 60 days from the date established by the Administrator to comment on proposed direct Federal development or Federal financial assistance. (b) This section also applies to comments in cases in which the review, coordination, and communication with FEMA have been delegated. (c) Applicants for programs and activities subject to section 204 of the Demonstration Cities and Metropolitan Act shall allow areawide agencies a 60-day opportunity for review and comment. § 4.9 How does the Administrator receive and respond to comments? (a) The Administrator follows the procedures in § 4.10 if: (1) A State office or official is designated to act as a single point of contact between a state process and all Federal agencies, and (2) That office or official transmits a state process recommendation for a program selected under § 4.6. (b)(1) The single point of contact is not obligated to transmit comments from State, areawide, regional or local officials and entities where there is no state process recommendation. (2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a State has not established a process, or is unable to submit a state process recommendation, State, areawide, regional and local officials and entities may submit | 61 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | activities subject to section 204 of the Demonstration Cities and Metropolitan Act shall allow areawide agencies a 60-day opportunity for review and comment. § 4.9 How does the Administrator receive and respond to comments? (a) The Administrator follows the procedures in § 4.10 if: (1) A State office or official is designated to act as a single point of contact between a state process and all Federal agencies, and (2) That office or official transmits a state process recommendation for a program selected under § 4.6. (b)(1) The single point of contact is not obligated to transmit comments from State, areawide, regional or local officials and entities where there is no state process recommendation. (2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a State has not established a process, or is unable to submit a state process recommendation, State, areawide, regional and local officials and entities may submit comments to FEMA. (d) If a program or activity is not selected for a state process, State, areawide, regional and local officials and entities may submit comments to FEMA. In addition, if a state process recommendation for a nonselected program or activity is transmitted to FEMA by the single point of contact, the Administrator follows the procedures of § 4.10 of this part. (e) The Administrator considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Administrator is not required to apply the procedures of § 4.10 of this part, when such comments are provided by a single point of contact, by the applicant or directly to FEMA by a commenting party. § 4.10 How does the | 62 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a State has not established a process, or is unable to submit a state process recommendation, State, areawide, regional and local officials and entities may submit comments to FEMA. (d) If a program or activity is not selected for a state process, State, areawide, regional and local officials and entities may submit comments to FEMA. In addition, if a state process recommendation for a nonselected program or activity is transmitted to FEMA by the single point of contact, the Administrator follows the procedures of § 4.10 of this part. (e) The Administrator considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Administrator is not required to apply the procedures of § 4.10 of this part, when such comments are provided by a single point of contact, by the applicant or directly to FEMA by a commenting party. § 4.10 How does the Administrator make efforts to accommodate intergovernmental concerns? (a) If a state process provides a state process recommendation to FEMA through its single point of contact, the Administrator either: (1) Accepts the recommendation; (2) Reaches a mutually agreeable solution with the state process; or (3) Provides the single point of contact with such written explanation of the decision, as the Administrator in his or her discretion deems appropriate. The Administrator may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means. (b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that: (1) FEMA will not implement its decision for at least ten days after the | 63 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | recommendation submitted under these regulations and for which the Administrator is not required to apply the procedures of § 4.10 of this part, when such comments are provided by a single point of contact, by the applicant or directly to FEMA by a commenting party. § 4.10 How does the Administrator make efforts to accommodate intergovernmental concerns? (a) If a state process provides a state process recommendation to FEMA through its single point of contact, the Administrator either: (1) Accepts the recommendation; (2) Reaches a mutually agreeable solution with the state process; or (3) Provides the single point of contact with such written explanation of the decision, as the Administrator in his or her discretion deems appropriate. The Administrator may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means. (b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that: (1) FEMA will not implement its decision for at least ten days after the single point of contact receives the explanation; or (2) The Administrator has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification. § 4.11 What are the Administrator's obligations in interstate situations? (a) The Administrator is responsible for: (1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select FEMA's program or activity; (3) Making efforts | 64 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | by providing the explanation to the single point of contact by telephone, other telecommunication, or other means. (b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that: (1) FEMA will not implement its decision for at least ten days after the single point of contact receives the explanation; or (2) The Administrator has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification. § 4.11 What are the Administrator's obligations in interstate situations? (a) The Administrator is responsible for: (1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select FEMA's program or activity; (3) Making efforts to identify and notify the affected State, areawide, regional, and local officials and entities in those States that have not adopted a process under the Order or do not select FEMA's program or activity; (4) Responding pursuant to § 4.10 of this part if the Administrator receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with FEMA have been delegated. (b) The Administrator uses the procedures in § 4.10 if a state process provides a state process recommendation to FEMA through a single point of contact. § 4.12 How may a State simplify, consolidate, or substitute federally required State plans? (a) As used in this section: (1) Simplify means that | 65 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | obligations in interstate situations? (a) The Administrator is responsible for: (1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select FEMA's program or activity; (3) Making efforts to identify and notify the affected State, areawide, regional, and local officials and entities in those States that have not adopted a process under the Order or do not select FEMA's program or activity; (4) Responding pursuant to § 4.10 of this part if the Administrator receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with FEMA have been delegated. (b) The Administrator uses the procedures in § 4.10 if a state process provides a state process recommendation to FEMA through a single point of contact. § 4.12 How may a State simplify, consolidate, or substitute federally required State plans? (a) As used in this section: (1) Simplify means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan. (2) Consolidate means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and that the State can select the format, submission date, and planning period for the consolidated plan. (3) Substitute means that a State may use a plan or other document that it has developed for its own purposes to meet Federal requirements. (b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required state plans without prior approval by the Administrator. (c) The Administrator reviews each state plan that a State has simplified, consolidated, or | 66 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | (b) The Administrator uses the procedures in § 4.10 if a state process provides a state process recommendation to FEMA through a single point of contact. § 4.12 How may a State simplify, consolidate, or substitute federally required State plans? (a) As used in this section: (1) Simplify means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan. (2) Consolidate means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and that the State can select the format, submission date, and planning period for the consolidated plan. (3) Substitute means that a State may use a plan or other document that it has developed for its own purposes to meet Federal requirements. (b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required state plans without prior approval by the Administrator. (c) The Administrator reviews each state plan that a State has simplified, consolidated, or substituted and accepts the plan only if its contents meet Federal requirements. § 4.13 May the Administrator waive any provision of these regulations? In an emergency, the Administrator may waive any provision of these regulations. Pt. 5 PART 5—PRODUCTION OR DISCLOSURE OF INFORMATION Subparts A-E [Reserved] Subpart F—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information Sec. 5.80 Scope and applicability. 5.81 Statement of policy. 5.82 Definitions. 5.83 Authority to accept service of subpoenas. 5.84 Production of documents in private litigation. 5.85 Authentication and attestation of copies. 5.86 Records involved in litigation or other judicial process. 5.87 Testimony of FEMA employees in private litigation. 5.88 Testimony in litigation in which the United States is a party. 5.89 | 67 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | developed for its own purposes to meet Federal requirements. (b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required state plans without prior approval by the Administrator. (c) The Administrator reviews each state plan that a State has simplified, consolidated, or substituted and accepts the plan only if its contents meet Federal requirements. § 4.13 May the Administrator waive any provision of these regulations? In an emergency, the Administrator may waive any provision of these regulations. Pt. 5 PART 5—PRODUCTION OR DISCLOSURE OF INFORMATION Subparts A-E [Reserved] Subpart F—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information Sec. 5.80 Scope and applicability. 5.81 Statement of policy. 5.82 Definitions. 5.83 Authority to accept service of subpoenas. 5.84 Production of documents in private litigation. 5.85 Authentication and attestation of copies. 5.86 Records involved in litigation or other judicial process. 5.87 Testimony of FEMA employees in private litigation. 5.88 Testimony in litigation in which the United States is a party. 5.89 Waiver. Authority: Pub. L. 107-296, 116 Stat. 2135; 5 U.S.C. 301. Source: 44 FR 50287, Aug. 27, 1979, unless otherwise noted. Subparts A-E [Reserved] Subpart F—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information Source: 54 FR 11715, Mar. 22, 1989, unless otherwise noted. § 5.80 Scope and applicability. (a) This subpart sets forth policies and procedures with respect to the disclosure or production by FEMA employees, in response to a subpoena, order or other demand of a court or other authority, of any material contained in the files of the Agency or any information relating to material contained in the files of the Agency or any information acquired by an employee as part of the performance | 68 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | 5.83 Authority to accept service of subpoenas. 5.84 Production of documents in private litigation. 5.85 Authentication and attestation of copies. 5.86 Records involved in litigation or other judicial process. 5.87 Testimony of FEMA employees in private litigation. 5.88 Testimony in litigation in which the United States is a party. 5.89 Waiver. Authority: Pub. L. 107-296, 116 Stat. 2135; 5 U.S.C. 301. Source: 44 FR 50287, Aug. 27, 1979, unless otherwise noted. Subparts A-E [Reserved] Subpart F—Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information Source: 54 FR 11715, Mar. 22, 1989, unless otherwise noted. § 5.80 Scope and applicability. (a) This subpart sets forth policies and procedures with respect to the disclosure or production by FEMA employees, in response to a subpoena, order or other demand of a court or other authority, of any material contained in the files of the Agency or any information relating to material contained in the files of the Agency or any information acquired by an employee as part of the performance of that person's official duties or because of that person's official status. (b) This subpart applies to State and local judicial, administrative and legislative proceedings, and Federal judicial and administrative proceedings. (c) This subpart does not apply to Congressional requests or subpoenas for testimony or documents, or to an employee making an appearance solely in his or her private capacity in judicial or administrative proceedings that do not relate to the Agency (such as cases arising out of traffic accidents, domestic relations, etc.). (d) The Department of Homeland Security's regulations, 6 CFR 5.41 through 5.49, apply to any subject matter not already covered by this subpart, including but not limited to demands or requests directed to current or former FEMA contractors. [54 FR 11715, Mar. | 69 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | in response to a subpoena, order or other demand of a court or other authority, of any material contained in the files of the Agency or any information relating to material contained in the files of the Agency or any information acquired by an employee as part of the performance of that person's official duties or because of that person's official status. (b) This subpart applies to State and local judicial, administrative and legislative proceedings, and Federal judicial and administrative proceedings. (c) This subpart does not apply to Congressional requests or subpoenas for testimony or documents, or to an employee making an appearance solely in his or her private capacity in judicial or administrative proceedings that do not relate to the Agency (such as cases arising out of traffic accidents, domestic relations, etc.). (d) The Department of Homeland Security's regulations, 6 CFR 5.41 through 5.49, apply to any subject matter not already covered by this subpart, including but not limited to demands or requests directed to current or former FEMA contractors. [54 FR 11715, Mar. 22, 1989, as amended at 72 FR 43546, Aug. 6, 2007] § 5.81 Statement of policy. (a) It is the policy of FEMA to make its records available to private litigants to the same extent and in the same manner as such records are made available to members of the general public, except where protected from disclosure by litigation procedural authority (e.g., Federal Rules of Civil Procedure) or other applicable law. (b) It is FEMA's policy and responsibility to preserve its human resources for performance of the official functions of the Agency and to maintain strict impartiality with respect to private litigants. Participation by FEMA employees in private litigation in their official capacities is generally contrary to this policy. § 5.82 Definitions. For purposes of | 70 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | arising out of traffic accidents, domestic relations, etc.). (d) The Department of Homeland Security's regulations, 6 CFR 5.41 through 5.49, apply to any subject matter not already covered by this subpart, including but not limited to demands or requests directed to current or former FEMA contractors. [54 FR 11715, Mar. 22, 1989, as amended at 72 FR 43546, Aug. 6, 2007] § 5.81 Statement of policy. (a) It is the policy of FEMA to make its records available to private litigants to the same extent and in the same manner as such records are made available to members of the general public, except where protected from disclosure by litigation procedural authority (e.g., Federal Rules of Civil Procedure) or other applicable law. (b) It is FEMA's policy and responsibility to preserve its human resources for performance of the official functions of the Agency and to maintain strict impartiality with respect to private litigants. Participation by FEMA employees in private litigation in their official capacities is generally contrary to this policy. § 5.82 Definitions. For purposes of this subpart, the following terms have the meanings ascribed to them in this section: (a) Demand refers to a subpoena, order, or other demand of a court of competent jurisdiction, or other specific authority (e.g., an administrative or State legislative body), signed by the presiding officer, for the production, disclosure, or release of FEMA records or information or for the appearance and testimony of FEMA personnel as witnesses in their official capacities. (b) Employee of the Agency includes all officers and employees of the United States appointed by or subject to the supervision, jurisdiction or control of the Administrator of FEMA. (c) Private litigation refers to any legal proceeding which does not involve as a named party the United States Government, or the Federal Emergency | 71 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | policy and responsibility to preserve its human resources for performance of the official functions of the Agency and to maintain strict impartiality with respect to private litigants. Participation by FEMA employees in private litigation in their official capacities is generally contrary to this policy. § 5.82 Definitions. For purposes of this subpart, the following terms have the meanings ascribed to them in this section: (a) Demand refers to a subpoena, order, or other demand of a court of competent jurisdiction, or other specific authority (e.g., an administrative or State legislative body), signed by the presiding officer, for the production, disclosure, or release of FEMA records or information or for the appearance and testimony of FEMA personnel as witnesses in their official capacities. (b) Employee of the Agency includes all officers and employees of the United States appointed by or subject to the supervision, jurisdiction or control of the Administrator of FEMA. (c) Private litigation refers to any legal proceeding which does not involve as a named party the United States Government, or the Federal Emergency Management Agency, or any official thereof in his or her official capacity. § 5.83 Authority to accept service of subpoenas. In all legal proceedings between private litigants, a subpoena duces tecum or subpoena ad testificandum or other demand by a court or other authority for the production of records held by FEMA Regional offices or for the oral or written testimony of FEMA Regional employees should be addressed to the appropriate Regional Administrator listed in § 5.26. For all other records or testimony, the subpoena should be addressed to the Chief Counsel, FEMA, 500 C Street SW., Washington, DC 20472 Washington, DC 20472. No other official or employee of FEMA is authorized to accept service of subpoenas on behalf of the Agency. § 5.84 Production | 72 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | the Agency includes all officers and employees of the United States appointed by or subject to the supervision, jurisdiction or control of the Administrator of FEMA. (c) Private litigation refers to any legal proceeding which does not involve as a named party the United States Government, or the Federal Emergency Management Agency, or any official thereof in his or her official capacity. § 5.83 Authority to accept service of subpoenas. In all legal proceedings between private litigants, a subpoena duces tecum or subpoena ad testificandum or other demand by a court or other authority for the production of records held by FEMA Regional offices or for the oral or written testimony of FEMA Regional employees should be addressed to the appropriate Regional Administrator listed in § 5.26. For all other records or testimony, the subpoena should be addressed to the Chief Counsel, FEMA, 500 C Street SW., Washington, DC 20472 Washington, DC 20472. No other official or employee of FEMA is authorized to accept service of subpoenas on behalf of the Agency. § 5.84 Production of documents in private litigation. (a) The production of records held by FEMA in response to a subpoena duces tecum or other demand issued pursuant to private litigation, whether or not served in accordance with the provisions of § 5.83 of this subpart, is prohibited absent authorization by the Chief Counsel. (b) Whenever an official or employee of FEMA, including any Regional Administrator, receives a subpoena or other demand for the production of Agency documents or material, he or she shall immediately notify and provide a copy of the demand to the Chief Counsel. (c) The Chief Counsel, after consultation with other appropriate officials as deemed necessary, shall promptly determine whether to disclose the material or documents identified in the subpoena or other demand. Generally, | 73 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | § 5.26. For all other records or testimony, the subpoena should be addressed to the Chief Counsel, FEMA, 500 C Street SW., Washington, DC 20472 Washington, DC 20472. No other official or employee of FEMA is authorized to accept service of subpoenas on behalf of the Agency. § 5.84 Production of documents in private litigation. (a) The production of records held by FEMA in response to a subpoena duces tecum or other demand issued pursuant to private litigation, whether or not served in accordance with the provisions of § 5.83 of this subpart, is prohibited absent authorization by the Chief Counsel. (b) Whenever an official or employee of FEMA, including any Regional Administrator, receives a subpoena or other demand for the production of Agency documents or material, he or she shall immediately notify and provide a copy of the demand to the Chief Counsel. (c) The Chief Counsel, after consultation with other appropriate officials as deemed necessary, shall promptly determine whether to disclose the material or documents identified in the subpoena or other demand. Generally, authorization to furnish the requested material or documents shall not be withheld unless their disclosure is prohibited by relevant law or for other compelling reasons. (d) Whenever a subpoena or demand commanding the production of any record is served upon any Agency employee other than as provided in § 5.83 of this subpart, or the response to a demand is required before the receipt of instructions from the Chief Counsel, such employee shall appear in response thereto, respectfully decline to produce the record(s) on the ground that it is prohibited by this section and state that the demand has been referred for the prompt consideration of the Chief Counsel. (e) Where the release of documents in response to a subpoena duces tecum is authorized by | 74 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | or material, he or she shall immediately notify and provide a copy of the demand to the Chief Counsel. (c) The Chief Counsel, after consultation with other appropriate officials as deemed necessary, shall promptly determine whether to disclose the material or documents identified in the subpoena or other demand. Generally, authorization to furnish the requested material or documents shall not be withheld unless their disclosure is prohibited by relevant law or for other compelling reasons. (d) Whenever a subpoena or demand commanding the production of any record is served upon any Agency employee other than as provided in § 5.83 of this subpart, or the response to a demand is required before the receipt of instructions from the Chief Counsel, such employee shall appear in response thereto, respectfully decline to produce the record(s) on the ground that it is prohibited by this section and state that the demand has been referred for the prompt consideration of the Chief Counsel. (e) Where the release of documents in response to a subpoena duces tecum is authorized by the Chief Counsel, the official having custody of the requested records will furnish, upon the request of the party seeking disclosure, authenticated copies of the documents. No official or employee of FEMA shall respond in strict compliance with the terms of a subpoena duces tecum unless specifically authorized by the Chief Counsel. § 5.85 Authentication and attestation of copies. The Administrator, Deputy Administrators, Regional Administrators, Assistant Administrators, United States Fire Administrator, Federal Insurance Administrator, Chief Counsel, and their designees, and other heads of offices having possession of records are authorized in the name of the Administrator to authenticate and attest for copies or reproductions of records. Appropriate fees will be charged for such copies or reproductions based on the fee schedule set forth in section | 75 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | response thereto, respectfully decline to produce the record(s) on the ground that it is prohibited by this section and state that the demand has been referred for the prompt consideration of the Chief Counsel. (e) Where the release of documents in response to a subpoena duces tecum is authorized by the Chief Counsel, the official having custody of the requested records will furnish, upon the request of the party seeking disclosure, authenticated copies of the documents. No official or employee of FEMA shall respond in strict compliance with the terms of a subpoena duces tecum unless specifically authorized by the Chief Counsel. § 5.85 Authentication and attestation of copies. The Administrator, Deputy Administrators, Regional Administrators, Assistant Administrators, United States Fire Administrator, Federal Insurance Administrator, Chief Counsel, and their designees, and other heads of offices having possession of records are authorized in the name of the Administrator to authenticate and attest for copies or reproductions of records. Appropriate fees will be charged for such copies or reproductions based on the fee schedule set forth in section 5.46 of this part. [74 FR 15334, Apr. 3, 2009] § 5.86 Records involved in litigation or other judicial process. Subpoenas duces tecum issued pursuant to litigation or any other adjudicatory proceeding in which the United States is a party shall be referred to the Chief Counsel. [81 FR 83643, Nov. 22, 2016] § 5.87 Testimony of FEMA employees in private litigation. (a) No FEMA employee shall testify in response to a subpoena or other demand in private litigation as to any information relating to material contained in the files of the Agency, or any information acquired as part of the performance of that person's official duties or because of that person's official status, including the meaning of Agency documents. (b) Whenever a demand is | 76 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | Counsel, and their designees, and other heads of offices having possession of records are authorized in the name of the Administrator to authenticate and attest for copies or reproductions of records. Appropriate fees will be charged for such copies or reproductions based on the fee schedule set forth in section 5.46 of this part. [74 FR 15334, Apr. 3, 2009] § 5.86 Records involved in litigation or other judicial process. Subpoenas duces tecum issued pursuant to litigation or any other adjudicatory proceeding in which the United States is a party shall be referred to the Chief Counsel. [81 FR 83643, Nov. 22, 2016] § 5.87 Testimony of FEMA employees in private litigation. (a) No FEMA employee shall testify in response to a subpoena or other demand in private litigation as to any information relating to material contained in the files of the Agency, or any information acquired as part of the performance of that person's official duties or because of that person's official status, including the meaning of Agency documents. (b) Whenever a demand is made upon a FEMA employee, for the disclosure of information described in paragraph (a) of this section, that employee shall immediately notify the Office of Chief Counsel. The Chief Counsel, upon receipt of such notice and absent waiver of the general prohibition against employee testimony at his or her discretion, shall arrange with the appropriate United States Attorney the taking of such steps as are necessary to quash the subpoena or seek a protective order. (c) In the event that an immediate demand for testimony or disclosure is made in circumstances which would preclude prior notice to and consultation with the Chief Counsel, the employee shall respectfully request from the demanding authority a stay in the proceedings to allow sufficient time to obtain advice of | 77 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | demand in private litigation as to any information relating to material contained in the files of the Agency, or any information acquired as part of the performance of that person's official duties or because of that person's official status, including the meaning of Agency documents. (b) Whenever a demand is made upon a FEMA employee, for the disclosure of information described in paragraph (a) of this section, that employee shall immediately notify the Office of Chief Counsel. The Chief Counsel, upon receipt of such notice and absent waiver of the general prohibition against employee testimony at his or her discretion, shall arrange with the appropriate United States Attorney the taking of such steps as are necessary to quash the subpoena or seek a protective order. (c) In the event that an immediate demand for testimony or disclosure is made in circumstances which would preclude prior notice to and consultation with the Chief Counsel, the employee shall respectfully request from the demanding authority a stay in the proceedings to allow sufficient time to obtain advice of counsel. (d) If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with paragraph (c) of this section pending consultation with counsel, or if the court or other authority rules that the demand must be complied with irrespective of instructions not to testify or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply with the demand, citing these regulations and United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). § 5.88 Testimony in litigation in which the United States is a party. (a) Whenever, in any legal proceeding in which the United States is a party, the attorney in charge of presenting | 78 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | (c) In the event that an immediate demand for testimony or disclosure is made in circumstances which would preclude prior notice to and consultation with the Chief Counsel, the employee shall respectfully request from the demanding authority a stay in the proceedings to allow sufficient time to obtain advice of counsel. (d) If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with paragraph (c) of this section pending consultation with counsel, or if the court or other authority rules that the demand must be complied with irrespective of instructions not to testify or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply with the demand, citing these regulations and United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). § 5.88 Testimony in litigation in which the United States is a party. (a) Whenever, in any legal proceeding in which the United States is a party, the attorney in charge of presenting the case for the United States requests it, the Chief Counsel shall arrange for an employee of the Agency to testify as a witness for the United States. (b) The attendance and testimony of named employees of the Agency may not be required in any legal proceeding by the judge or other presiding officer, by subpoena or otherwise. However, the judge or other presiding officer may, upon a showing of exceptional circumstances (such as a case in which a particular named FEMA employee has direct personal knowledge of a material fact not known to the witness made available by the Agency) require the attendance and testimony of named FEMA personnel. § 5.89 Waiver. The Chief Counsel may grant, in writing, a waiver of any policy | 79 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | the demand, citing these regulations and United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). § 5.88 Testimony in litigation in which the United States is a party. (a) Whenever, in any legal proceeding in which the United States is a party, the attorney in charge of presenting the case for the United States requests it, the Chief Counsel shall arrange for an employee of the Agency to testify as a witness for the United States. (b) The attendance and testimony of named employees of the Agency may not be required in any legal proceeding by the judge or other presiding officer, by subpoena or otherwise. However, the judge or other presiding officer may, upon a showing of exceptional circumstances (such as a case in which a particular named FEMA employee has direct personal knowledge of a material fact not known to the witness made available by the Agency) require the attendance and testimony of named FEMA personnel. § 5.89 Waiver. The Chief Counsel may grant, in writing, a waiver of any policy or procedure prescribed by this subpart, where waiver is considered necessary to promote a significant interest of the Agency or for other good cause. In granting such waiver, the Chief Counsel shall attach to the waiver such reasonable conditions and limitations as are deemed appropriate in order that a response in strict compliance with the terms of a subpoena duces tecum or the providing of testimony will not interfere with the duties of the employee and will otherwise conform to the policies of this part. The Administrator may, in his or her discretion, review any decision to authorize a waiver of any policy or procedure prescribed by this subpart. Pt. 6 PART 6—IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Subpart A—General Sec. 6.1 Purpose and | 80 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | case in which a particular named FEMA employee has direct personal knowledge of a material fact not known to the witness made available by the Agency) require the attendance and testimony of named FEMA personnel. § 5.89 Waiver. The Chief Counsel may grant, in writing, a waiver of any policy or procedure prescribed by this subpart, where waiver is considered necessary to promote a significant interest of the Agency or for other good cause. In granting such waiver, the Chief Counsel shall attach to the waiver such reasonable conditions and limitations as are deemed appropriate in order that a response in strict compliance with the terms of a subpoena duces tecum or the providing of testimony will not interfere with the duties of the employee and will otherwise conform to the policies of this part. The Administrator may, in his or her discretion, review any decision to authorize a waiver of any policy or procedure prescribed by this subpart. Pt. 6 PART 6—IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Subpart A—General Sec. 6.1 Purpose and scope of part. 6.2 Definitions. 6.3 Collection and use of information (Privacy Act statements). 6.4 Standards of accuracy. 6.5 Rules of conduct. 6.6 Safeguarding systems of records. 6.7 Records of other agencies. 6.8 Subpoena and other legal demands. 6.9 Inconsistent issuances of FEMA and/or its predecessor agencies superseded. 6.10 Assistance and referrals. Subpart B—Disclosure of Records 6.20 Conditions of disclosure. 6.21 Procedures for disclosure. 6.22 Accounting of disclosures. Subpart C—Individual Access to Records 6.30 Form of requests. 6.31 Special requirements for medical records. 6.32 Granting access. 6.33 Denials of access. 6.34 Appeal of denial of access within FEMA. Subpart D—Requests To Amend Records 6.50 Submission of requests to amend records. 6.51 Review of requests to amend records. 6.52 Approval of requests to amend records. 6.53 | 81 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | and will otherwise conform to the policies of this part. The Administrator may, in his or her discretion, review any decision to authorize a waiver of any policy or procedure prescribed by this subpart. Pt. 6 PART 6—IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Subpart A—General Sec. 6.1 Purpose and scope of part. 6.2 Definitions. 6.3 Collection and use of information (Privacy Act statements). 6.4 Standards of accuracy. 6.5 Rules of conduct. 6.6 Safeguarding systems of records. 6.7 Records of other agencies. 6.8 Subpoena and other legal demands. 6.9 Inconsistent issuances of FEMA and/or its predecessor agencies superseded. 6.10 Assistance and referrals. Subpart B—Disclosure of Records 6.20 Conditions of disclosure. 6.21 Procedures for disclosure. 6.22 Accounting of disclosures. Subpart C—Individual Access to Records 6.30 Form of requests. 6.31 Special requirements for medical records. 6.32 Granting access. 6.33 Denials of access. 6.34 Appeal of denial of access within FEMA. Subpart D—Requests To Amend Records 6.50 Submission of requests to amend records. 6.51 Review of requests to amend records. 6.52 Approval of requests to amend records. 6.53 Denial of requests to amend records. 6.54 Agreement to alternative amendments. 6.55 Appeal of denial of request to amend a record. 6.56 Statement of disagreement. 6.57 Judicial review. Subpart E—Report on New Systems and Alterations of Existing Systems 6.70 Reporting requirement. 6.71 Federal Register notice of establishment of new system or alteration of existing system. 6.72 Effective date of new system of records or alteration of an existing system of records. Subpart F—Fees 6.80 Records available at fee. 6.81 Additional copies. 6.82 Waiver of fee. 6.83 Prepayment of fees. 6.84 Form of payment. 6.85 Reproduction fees. Subpart G—Exempt Systems of Records 6.86 General exemptions. 6.87 Specific exemptions. Authority: 5 U.S.C. 552a; Reorganization Plan No. 3 of 1978; and E.O. 12127. Source: 44 FR 50293, Aug. | 82 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | of requests. 6.31 Special requirements for medical records. 6.32 Granting access. 6.33 Denials of access. 6.34 Appeal of denial of access within FEMA. Subpart D—Requests To Amend Records 6.50 Submission of requests to amend records. 6.51 Review of requests to amend records. 6.52 Approval of requests to amend records. 6.53 Denial of requests to amend records. 6.54 Agreement to alternative amendments. 6.55 Appeal of denial of request to amend a record. 6.56 Statement of disagreement. 6.57 Judicial review. Subpart E—Report on New Systems and Alterations of Existing Systems 6.70 Reporting requirement. 6.71 Federal Register notice of establishment of new system or alteration of existing system. 6.72 Effective date of new system of records or alteration of an existing system of records. Subpart F—Fees 6.80 Records available at fee. 6.81 Additional copies. 6.82 Waiver of fee. 6.83 Prepayment of fees. 6.84 Form of payment. 6.85 Reproduction fees. Subpart G—Exempt Systems of Records 6.86 General exemptions. 6.87 Specific exemptions. Authority: 5 U.S.C. 552a; Reorganization Plan No. 3 of 1978; and E.O. 12127. Source: 44 FR 50293, Aug. 27, 1979, unless otherwise noted. Subpart A—General § 6.1 Purpose and scope of part. This part sets forth policies and procedures concerning the collection, use and dissemination of records maintained by the Federal Emergency Management Agency (FEMA) which are subject to the provision of 5 U.S.C. 552a, popularly known as the “Privacy Act of 1974” (hereinafter referred to as the Act). These policies and procedures govern only those records as defined in § 6.2. Policies and procedures governing the disclosure and availability of records in general are in part 5 of this chapter. This part also covers: (a) Procedures for notification to individuals of a FEMA system of records pertaining to them; (b) guidance to individuals in obtaining information, including inspections of, and disagreement with, | 83 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | available at fee. 6.81 Additional copies. 6.82 Waiver of fee. 6.83 Prepayment of fees. 6.84 Form of payment. 6.85 Reproduction fees. Subpart G—Exempt Systems of Records 6.86 General exemptions. 6.87 Specific exemptions. Authority: 5 U.S.C. 552a; Reorganization Plan No. 3 of 1978; and E.O. 12127. Source: 44 FR 50293, Aug. 27, 1979, unless otherwise noted. Subpart A—General § 6.1 Purpose and scope of part. This part sets forth policies and procedures concerning the collection, use and dissemination of records maintained by the Federal Emergency Management Agency (FEMA) which are subject to the provision of 5 U.S.C. 552a, popularly known as the “Privacy Act of 1974” (hereinafter referred to as the Act). These policies and procedures govern only those records as defined in § 6.2. Policies and procedures governing the disclosure and availability of records in general are in part 5 of this chapter. This part also covers: (a) Procedures for notification to individuals of a FEMA system of records pertaining to them; (b) guidance to individuals in obtaining information, including inspections of, and disagreement with, the content of records; (c) accounting of disclosure; (d) special requirements for medical records; and (e) fees. § 6.2 Definitions. For the purpose of this part: (a) Agency includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency (see 5 U.S.C. 552(e)). (b) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence. (c) Maintain includes maintain, collect, use, and disseminate. (d) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to those concerning education, financial transactions, medical history, and criminal or employment | 84 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | and procedures governing the disclosure and availability of records in general are in part 5 of this chapter. This part also covers: (a) Procedures for notification to individuals of a FEMA system of records pertaining to them; (b) guidance to individuals in obtaining information, including inspections of, and disagreement with, the content of records; (c) accounting of disclosure; (d) special requirements for medical records; and (e) fees. § 6.2 Definitions. For the purpose of this part: (a) Agency includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency (see 5 U.S.C. 552(e)). (b) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence. (c) Maintain includes maintain, collect, use, and disseminate. (d) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to those concerning education, financial transactions, medical history, and criminal or employment history, and that contains the name or other identifying particular assigned to the individual, such as a fingerprint, voiceprint, or photograph. (e) System of records means a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identification assigned to that individual. (f) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8. (g) Routine use means, with respect to the disclosure of a record, the use of that record for a purpose which is | 85 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | an alien lawfully admitted for permanent residence. (c) Maintain includes maintain, collect, use, and disseminate. (d) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to those concerning education, financial transactions, medical history, and criminal or employment history, and that contains the name or other identifying particular assigned to the individual, such as a fingerprint, voiceprint, or photograph. (e) System of records means a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identification assigned to that individual. (f) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8. (g) Routine use means, with respect to the disclosure of a record, the use of that record for a purpose which is compatible with the purpose for which it was collected. (h) System manager means the employee of FEMA who is responsible for the maintenance of a system of records and for the collection, use, and dissemination of information therein. (i) Subject individual means the individual named or discussed in a record of the individual to whom a record otherwise pertains. (j) Disclosure means a transfer of a record, a copy of a record, or any or all of the information contained in a record to a recipient other than the subject individual, or the review of a record by someone other than the subject individual. (k) Access means a transfer of a record, a copy of a record, or the information in a record to the | 86 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8. (g) Routine use means, with respect to the disclosure of a record, the use of that record for a purpose which is compatible with the purpose for which it was collected. (h) System manager means the employee of FEMA who is responsible for the maintenance of a system of records and for the collection, use, and dissemination of information therein. (i) Subject individual means the individual named or discussed in a record of the individual to whom a record otherwise pertains. (j) Disclosure means a transfer of a record, a copy of a record, or any or all of the information contained in a record to a recipient other than the subject individual, or the review of a record by someone other than the subject individual. (k) Access means a transfer of a record, a copy of a record, or the information in a record to the subject individual, or the review of a record by the subject individual. (l) Solicitation means a request by an officer or employee of FEMA that an individual provide information about himself or herself. (m) Administrator means the Administrator, FEMA. (n) Deputy Administrator means the Deputy Administrator, FEMA, or, in the case of the absence of the Deputy Administrator, or a vacancy in that office, a person designated by the Administrator to perform the functions under this regulation of the Deputy Administrator. (o) Privacy Appeals Officer means the FOIA/Privacy Act Specialist or his/her designee. [44 FR 50293, Aug. 27, 1979, as amended at 45 FR 17152, Mar. 18, 1980; 51 FR 34604, Sept. 30, 1986] § 6.3 Collection and use of information (Privacy Act statements). (a) | 87 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | all of the information contained in a record to a recipient other than the subject individual, or the review of a record by someone other than the subject individual. (k) Access means a transfer of a record, a copy of a record, or the information in a record to the subject individual, or the review of a record by the subject individual. (l) Solicitation means a request by an officer or employee of FEMA that an individual provide information about himself or herself. (m) Administrator means the Administrator, FEMA. (n) Deputy Administrator means the Deputy Administrator, FEMA, or, in the case of the absence of the Deputy Administrator, or a vacancy in that office, a person designated by the Administrator to perform the functions under this regulation of the Deputy Administrator. (o) Privacy Appeals Officer means the FOIA/Privacy Act Specialist or his/her designee. [44 FR 50293, Aug. 27, 1979, as amended at 45 FR 17152, Mar. 18, 1980; 51 FR 34604, Sept. 30, 1986] § 6.3 Collection and use of information (Privacy Act statements). (a) General. Any information used in whole or in part in making a determination about an individual's rights, benefits, or privileges under FEMA programs will be collected directly from the subject individual to the extent practicable. The system manager also shall ensure that information collected is used only in conformance with the provisions of the Act and these regulations. (b) Solicitation of information. System managers shall ensure that at the time information is solicited the solicited individual is informed of the authority for collecting that information, whether providing the information is mandatory or voluntary, the purpose for which the information will be used, the routine uses to be made of the information, and the effects on the individual, if any, of not providing the information. The | 88 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | this regulation of the Deputy Administrator. (o) Privacy Appeals Officer means the FOIA/Privacy Act Specialist or his/her designee. [44 FR 50293, Aug. 27, 1979, as amended at 45 FR 17152, Mar. 18, 1980; 51 FR 34604, Sept. 30, 1986] § 6.3 Collection and use of information (Privacy Act statements). (a) General. Any information used in whole or in part in making a determination about an individual's rights, benefits, or privileges under FEMA programs will be collected directly from the subject individual to the extent practicable. The system manager also shall ensure that information collected is used only in conformance with the provisions of the Act and these regulations. (b) Solicitation of information. System managers shall ensure that at the time information is solicited the solicited individual is informed of the authority for collecting that information, whether providing the information is mandatory or voluntary, the purpose for which the information will be used, the routine uses to be made of the information, and the effects on the individual, if any, of not providing the information. The Director, Records Management Division, Office of Management and Regional Administrators shall ensure that forms used to solicit information are in compliance with the Act and these regulations. (c) Solicitation of Social Security numbers. Before an employee of FEMA can deny to any individual a right, benefit, or privilege provided by law because such individual refuses to disclose his/her social security account number, the employee of FEMA shall ensure that either: (1) The disclosure is required by Federal statute; or (2) The disclosure of a social security number was required under a statute or regulation adopted before January 1, 1975, to verify the identity of an individual, and the social security number will become a part of a system of records in existence and operating before | 89 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | individual is informed of the authority for collecting that information, whether providing the information is mandatory or voluntary, the purpose for which the information will be used, the routine uses to be made of the information, and the effects on the individual, if any, of not providing the information. The Director, Records Management Division, Office of Management and Regional Administrators shall ensure that forms used to solicit information are in compliance with the Act and these regulations. (c) Solicitation of Social Security numbers. Before an employee of FEMA can deny to any individual a right, benefit, or privilege provided by law because such individual refuses to disclose his/her social security account number, the employee of FEMA shall ensure that either: (1) The disclosure is required by Federal statute; or (2) The disclosure of a social security number was required under a statute or regulation adopted before January 1, 1975, to verify the identity of an individual, and the social security number will become a part of a system of records in existence and operating before January 1, 1975. If solicitation of the social security number is authorized under paragraph (c) (1) or (2) of this section, the FEMA employee who requests an individual to disclose the social security account number shall first inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority the number is solicited, and the use that will be made of it. (d) Soliciting information from third parties. An employee of FEMA shall inform third parties who are requested to provide information about another individual of the purposes for which the information will be used. [44 FR 50293, Aug. 27, 1979, as amended at 47 FR 13149, Mar. 29, 1982; 48 FR 12091, Mar. 23, 1983; 50 FR 40006, Oct. 1, | 90 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | by Federal statute; or (2) The disclosure of a social security number was required under a statute or regulation adopted before January 1, 1975, to verify the identity of an individual, and the social security number will become a part of a system of records in existence and operating before January 1, 1975. If solicitation of the social security number is authorized under paragraph (c) (1) or (2) of this section, the FEMA employee who requests an individual to disclose the social security account number shall first inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority the number is solicited, and the use that will be made of it. (d) Soliciting information from third parties. An employee of FEMA shall inform third parties who are requested to provide information about another individual of the purposes for which the information will be used. [44 FR 50293, Aug. 27, 1979, as amended at 47 FR 13149, Mar. 29, 1982; 48 FR 12091, Mar. 23, 1983; 50 FR 40006, Oct. 1, 1985] § 6.4 Standards of accuracy. The system manager shall ensure that all records which are used by FEMA to make determinations about any individual are maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual. § 6.5 Rules of conduct. Employees of FEMA involved in the design, development, operation, or maintenance of any system of records or in maintaining any record, shall conduct themselves in accordance with the rules of conduct concerning the protection of personal information in § 3.25 of this chapter. § 6.6 Safeguarding systems of records. (a) Systems managers shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of records and to protect against any | 91 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | FEMA shall inform third parties who are requested to provide information about another individual of the purposes for which the information will be used. [44 FR 50293, Aug. 27, 1979, as amended at 47 FR 13149, Mar. 29, 1982; 48 FR 12091, Mar. 23, 1983; 50 FR 40006, Oct. 1, 1985] § 6.4 Standards of accuracy. The system manager shall ensure that all records which are used by FEMA to make determinations about any individual are maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual. § 6.5 Rules of conduct. Employees of FEMA involved in the design, development, operation, or maintenance of any system of records or in maintaining any record, shall conduct themselves in accordance with the rules of conduct concerning the protection of personal information in § 3.25 of this chapter. § 6.6 Safeguarding systems of records. (a) Systems managers shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained. (b) Personnel information contained in both manual and automated systems of records shall be protected by implementing the following safeguards: (1) Official personnel folders, authorized personnel operating or work folders and other records of personnel actions effected during an employee's Federal service or affecting the employee's status and service, including information on experience, education, training, special qualification, and skills, performance appraisals, and conduct, shall be stored in a lockable metal filing cabinet when not in use by an authorized person. A system manager may employ an alternative storage system providing that it furnished an equivalent degree of physical | 92 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | with the rules of conduct concerning the protection of personal information in § 3.25 of this chapter. § 6.6 Safeguarding systems of records. (a) Systems managers shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained. (b) Personnel information contained in both manual and automated systems of records shall be protected by implementing the following safeguards: (1) Official personnel folders, authorized personnel operating or work folders and other records of personnel actions effected during an employee's Federal service or affecting the employee's status and service, including information on experience, education, training, special qualification, and skills, performance appraisals, and conduct, shall be stored in a lockable metal filing cabinet when not in use by an authorized person. A system manager may employ an alternative storage system providing that it furnished an equivalent degree of physical security as storage in a lockable metal filing cabinet. (2) System managers, at their discretion, may designate additional records of unusual sensitivity which require safeguards similar to those described in paragraph (a) of this section. (3) A system manager shall permit access to and use of automated or manual personnel records only to persons whose official duties require such access, or to a subject individual or his or her representative as provided by this part. § 6.7 Records of other agencies. If FEMA receives a request for access to records which are the primary responsibility of another agency, but which are maintained by or in the temporary possession of FEMA on behalf of that agency, FEMA will advise the requestor that the request has been | 93 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | service, including information on experience, education, training, special qualification, and skills, performance appraisals, and conduct, shall be stored in a lockable metal filing cabinet when not in use by an authorized person. A system manager may employ an alternative storage system providing that it furnished an equivalent degree of physical security as storage in a lockable metal filing cabinet. (2) System managers, at their discretion, may designate additional records of unusual sensitivity which require safeguards similar to those described in paragraph (a) of this section. (3) A system manager shall permit access to and use of automated or manual personnel records only to persons whose official duties require such access, or to a subject individual or his or her representative as provided by this part. § 6.7 Records of other agencies. If FEMA receives a request for access to records which are the primary responsibility of another agency, but which are maintained by or in the temporary possession of FEMA on behalf of that agency, FEMA will advise the requestor that the request has been forwarded to the responsible agency. Records in the custody of FEMA which are the primary responsibility of the Office of Personnel Management are governed by the rules promulgated by it pursuant to the Privacy Act. § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be in accordance with the provisions of part 5 of this chapter. § 6.9 Inconsistent issuances of FEMA and/or its predecessor agencies superseded. Any policies and procedures in any issuances of FEMA or any of its predecessor agencies which are inconsistent with the policies and procedures in this part are superseded to the extent of that inconsistency. § 6.10 Assistance and referrals. Requests for assistance and referral to the | 94 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | § 6.7 Records of other agencies. If FEMA receives a request for access to records which are the primary responsibility of another agency, but which are maintained by or in the temporary possession of FEMA on behalf of that agency, FEMA will advise the requestor that the request has been forwarded to the responsible agency. Records in the custody of FEMA which are the primary responsibility of the Office of Personnel Management are governed by the rules promulgated by it pursuant to the Privacy Act. § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be in accordance with the provisions of part 5 of this chapter. § 6.9 Inconsistent issuances of FEMA and/or its predecessor agencies superseded. Any policies and procedures in any issuances of FEMA or any of its predecessor agencies which are inconsistent with the policies and procedures in this part are superseded to the extent of that inconsistency. § 6.10 Assistance and referrals. Requests for assistance and referral to the responsible system manager or other FEMA employee charged with implementing these regulations should be made to the Privacy Appeals Officer, Federal Emergency Management Agency, Washington, DC 20472. [45 FR 17152, Mar. 18, 1980] Subpart B—Disclosure of Records § 6.20 Conditions of disclosure. No employee of FEMA shall disclose any record to any person or to another agency without the express written consent of the subject individual unless the disclosure is: (a) To officers or employees of FEMA who have a need for the information in the official performance of their duties; (b) Required by the provisions of the Freedom of Information Act, 5 U.S.C. 552. (c) For a routine use as published in the notices in the Federal Register; (d) To the Bureau of the | 95 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | its predecessor agencies superseded. Any policies and procedures in any issuances of FEMA or any of its predecessor agencies which are inconsistent with the policies and procedures in this part are superseded to the extent of that inconsistency. § 6.10 Assistance and referrals. Requests for assistance and referral to the responsible system manager or other FEMA employee charged with implementing these regulations should be made to the Privacy Appeals Officer, Federal Emergency Management Agency, Washington, DC 20472. [45 FR 17152, Mar. 18, 1980] Subpart B—Disclosure of Records § 6.20 Conditions of disclosure. No employee of FEMA shall disclose any record to any person or to another agency without the express written consent of the subject individual unless the disclosure is: (a) To officers or employees of FEMA who have a need for the information in the official performance of their duties; (b) Required by the provisions of the Freedom of Information Act, 5 U.S.C. 552. (c) For a routine use as published in the notices in the Federal Register; (d) To the Bureau of the Census for use pursuant to title 13, United States Code; (e) To a recipient who has provided FEMA with advance adequate written assurance that the record will be used solely as a statistical research or reporting record subject to the following: The record shall be transferred in a form that is not individually identifiable. The written statement should include as a minimum (1) a statement of the purpose for requesting the records; and (2) certification that the records will be used only for statistical purposes. These written statements should be maintained as accounting records. In addition to deleting personal identifying information from records released for statistical purposes, the system manager shall ensure that the identity of the individual cannot reasonably be deduced by combining various | 96 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | of FEMA who have a need for the information in the official performance of their duties; (b) Required by the provisions of the Freedom of Information Act, 5 U.S.C. 552. (c) For a routine use as published in the notices in the Federal Register; (d) To the Bureau of the Census for use pursuant to title 13, United States Code; (e) To a recipient who has provided FEMA with advance adequate written assurance that the record will be used solely as a statistical research or reporting record subject to the following: The record shall be transferred in a form that is not individually identifiable. The written statement should include as a minimum (1) a statement of the purpose for requesting the records; and (2) certification that the records will be used only for statistical purposes. These written statements should be maintained as accounting records. In addition to deleting personal identifying information from records released for statistical purposes, the system manager shall ensure that the identity of the individual cannot reasonably be deduced by combining various statistical records; (f) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of The National Archives and Records Administration or his designee to determine whether the record has such value; (g) To another agency or instrumentality of any governmental jurisdiction within or under the control of the United States for civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality or his designated representative has made a written request to the Administrator specifying the particular portion desired and the law enforcement activity for which the record is sought; | 97 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | that the records will be used only for statistical purposes. These written statements should be maintained as accounting records. In addition to deleting personal identifying information from records released for statistical purposes, the system manager shall ensure that the identity of the individual cannot reasonably be deduced by combining various statistical records; (f) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of The National Archives and Records Administration or his designee to determine whether the record has such value; (g) To another agency or instrumentality of any governmental jurisdiction within or under the control of the United States for civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality or his designated representative has made a written request to the Administrator specifying the particular portion desired and the law enforcement activity for which the record is sought; (h) To a person showing compelling circumstances affecting the health and safety of an individual to whom the record pertains. (Upon such disclosure, a notification must be sent to the last known address of the subject individual.) (i) To either House of Congress or to a subcommittee or committee (joint or of either House, to the extent that the subject matter falls within their jurisdiction; (j) To the Comptroller General or any duly authorized representatives of the Comptroller General in the course of the performance of the duties of the Government Accountability Office; or (k) Pursuant to the order of a court of competent jurisdiction. (l) To consumer reporting agencies as defined in the Fair Credit Reporting Act (35 U.S.C. 1681a(f) or the Debt Collection | 98 |
|
https://www.govinfo.gov/bulkdata/CFR/2020/CFR-2020.zip | 08-17-2021 | civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality or his designated representative has made a written request to the Administrator specifying the particular portion desired and the law enforcement activity for which the record is sought; (h) To a person showing compelling circumstances affecting the health and safety of an individual to whom the record pertains. (Upon such disclosure, a notification must be sent to the last known address of the subject individual.) (i) To either House of Congress or to a subcommittee or committee (joint or of either House, to the extent that the subject matter falls within their jurisdiction; (j) To the Comptroller General or any duly authorized representatives of the Comptroller General in the course of the performance of the duties of the Government Accountability Office; or (k) Pursuant to the order of a court of competent jurisdiction. (l) To consumer reporting agencies as defined in the Fair Credit Reporting Act (35 U.S.C. 1681a(f) or the Debt Collection Act of 1982 (31 U.S.C. 3711(d)(4)). [44 FR 50293, Aug. 27, 1979, as amended at 48 FR 44543, Sept. 29, 1983; 50 FR 40006, Oct. 1, 1985] § 6.21 Procedures for disclosure. (a) Upon receipt of a request for disclosure, the system manager shall verify the right of the requestor to obtain disclosure pursuant to § 6.20. Upon that verification and subject to other requirements of this part, the system manager shall make the requested records available. (b) If the system manager determines that the disclosure is not permitted under the provisions of § 6.20 or other provisions of this part, the system manager shall deny the request in writing and shall inform the requestor of the right to submit a request for review and | 99 |
Subsets and Splits