[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59549-59551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24584]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules
and Regulations
[[Page 59549]]
DEPARTMENT OF HOMELAND SECURITY
2 CFR Part 3002
Federal Emergency Management Agency
44 CFR Parts 13, 78, 79, 152, 201, 204, 206, 207, 208, 304, 360,
and 361
[Docket ID: FEMA-2015-0012]
RIN 1601-AA71
Adoption of Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards; States and Tribal Mitigation
Planning Regulations Change
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: On December 19, 2014, all Federal award-making agencies,
including the Department of Homeland Security (DHS) and its component,
the Federal Emergency Management Agency (FEMA), published a joint
interim final rule implementing the Office of Management and Budget
(OMB)'s Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. DHS and FEMA now adopt, with one
change, the interim final rule as final. The change restores language
in the FEMA State and Tribal mitigation planning regulations that was
inadvertently removed by the interim final rule.
DATES: Effective Date: November 2, 2015.
FOR FURTHER INFORMATION CONTACT: Andrea Brandon, Director, Financial
Assistance Policy and Oversight (FAPO), Office of the Chief Financial
Officer (OCIO), DHS, at (202) 447-0675 or [email protected].
Paul Huang, Acting Division Director, Risk Analysis Division, Federal
Insurance and Mitigation Administration, DHS/FEMA, at (202) 646-3252 or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 23, 2009, the President issued Executive Order 13520
(``Reducing Improper Payments and Eliminating Waste in Federal
Programs''). On February 28, 2011, the President issued a Presidential
Memorandum (``Administrative Flexibility, Lower Costs, and Better
Results for State, Local, and Tribal Governments''). These documents
directed OMB to work with Executive Branch agencies to potentially
establish reforms on Federal grant policies.
In response, on October 27, 2011, OMB established the Council on
Financial Assistance Reform, an interagency group of Executive Branch
officials tasked with creating an accountable structure to coordinate
financial assistance, streamline Federal grant-making requirements,
ease administrative burdens, and strengthen Federal fund oversight to
reduce risks of waste, fraud, and abuse.
On February 28, 2012, OMB published an Advanced Notice of Proposed
Guidance. See 77 FR 11778. On February 1, 2013, OMB published a Notice
of Proposed Guidance. See 78 FR 7282. Both documents solicited public
comment on ideas for reforming the requirements that govern the
management of Federal financial assistance awards. On December 26,
2013, OMB published the Uniform Guidance, which added Part 200 (``OMB
Guidance'') to Title 2 (``Grants and Agreements'') of the Code of
Federal Regulations. See 79 FR 75871. The Uniform Guidance included:
The consolidation of eight previously-issued OMB Circulars
on grants and awards;
A uniform set of administrative requirements for grant
recipients;
A focus on grantee performance over compliance for
accountability;
An emphasis on efficient uses of information technology
and shared services;
A uniform set of cost principles that treats costs
transparently and consistently;
A limitation on allowable costs in order to make best uses
of Federal resources;
The standardization of business processes using consistent
data element definitions;
An emphasis on oversight by reviewing risks prior to
awarding grants; and
A uniform set of audit requirements that prioritizes
identifying the risks of fraud, waste, and abuse.
The Uniform Guidance required Federal agencies to implement the
policies and procedures applicable to Federal awards by promulgating a
regulation to be effective by December 26, 2014. See 2 CFR 200.110.
On December 19, 2014, all Federal award-making agencies promulgated
a joint interim final rule implementing the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards. See 79 FR 75871. In the interim final rule, DHS adopted OMB's
Guidance as DHS's own via 2 CFR part 3002, and FEMA removed 44 CFR part
13 (FEMA's grant administration regulations). Also, throughout Title
44, FEMA replaced all references to Part 13 with corresponding
references to 2 CFR parts 200 and 3002, as applicable.
During the joint interim final rule's comment period, OMB received
61 comments from individuals and organizations. No comments OMB
received referenced DHS or FEMA. Thus, DHS and FEMA are adopting the
interim final rule as final, with one change.
II. Change to December 19, 2014 Interim Final Rule
FEMA's mitigation planning regulations are located at 44 CFR part
201, and set forth instructions on the policies and procedures for
State, Tribal, and local hazard mitigation planning. Hazard mitigation
is any sustained action taken to reduce or eliminate long-term risk to
people and property from natural hazards and their effects. The purpose
of hazard mitigation planning is to identify policies and actions that
can be implemented over the long-term to reduce risk and future losses.
State, Indian Tribal, and local governments are required to develop a
hazard mitigation plan as one of the conditions for establishing
eligibility for certain types of Federal non-emergency disaster
assistance and FEMA mitigation grants.
The December 19, 2014 joint interim final rule contained an
inadvertent error
[[Page 59550]]
to FEMA's Standard State Mitigation Planning regulations at 44 CFR
201.4(c)(7) and to FEMA's Tribal Mitigation Planning regulations at 44
CFR 201.7(c)(6). Prior to the December 19, 2014 joint interim final
rule, these sections read as published in Title 44 of the Code of
Federal Regulations, revised as of October 1, 2014.
In the December 19, 2014 joint interim final rule, FEMA revised the
first sentences of 44 CFR 201.4(c)(7) and 44 CFR 201.7(c)(6) with a
general citation to 2 CFR parts 200 and 3002. However, FEMA
unintentionally removed the second sentence of these sections and thus
inadvertently removed a procedure by which States and Indian Tribal
governments amend their mitigation plans when necessary to reflect
changes in State, Indian Tribal, or Federal laws or regulations. In
this final rule, FEMA is reinserting this provision.
While FEMA previously referenced 44 CFR 13.11(d) in both 44 CFR
201.4(c)(7) and in 44 CFR 201.7(c)(6), FEMA, as noted above, removed 44
CFR part 13 and replaced all references to Part 13 with corresponding
references to 2 CFR parts 200 and 3002, as applicable. There are no
corresponding pinpoint cites in 2 CFR part 200 or Part 3002 that
replace the requirements found at 44 CFR 13.11(d). Thus, FEMA cannot
carry this reference over to the revised regulations. FEMA regulations
have included the procedure for States and Indian Tribal governments
since 2002 and 2007, respectively, to amend their plans to reflect
changes in State, Indian Tribal, or Federal laws, statutes and
regulations, as applicable. As FEMA is simply reinserting an
inadvertently removed and longstanding provision, this change does not
create new program requirements. FEMA also describes these provisions
in various guidance materials and is revising the references as
applicable.\1\
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\1\ State Multi-Hazard Planning Guidance, effective through
March 5, 2016, https://www.fema.gov/media-library/assets/documents/103285; State Mitigation Plan Review Guide, effective on March 6,
2016, https://www.fema.gov/media-library/assets/documents/101659;
Tribal Multi-Hazard Planning Guidance, https://www.fema.gov/media-library/assets/documents/18355.
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III. Regulatory Analyses
A. Executive Order 12866 Determination
Pursuant to Executive Order 12866, as amended, OMB's Office of
Information and Regulatory Affairs (OIRA) has designated this final
rule to be not significant.
B. Administrative Procedure Act
The Administrative Procedure Act (APA) provides that an agency may
dispense with notice and comment rulemaking procedures when it
promulgates an interpretive rule, a general statement of policy, or a
rule of agency organization, procedure, or practice. See 5 U.S.C.
553(b)(A). DHS is issuing this change to reinstate FEMA procedures
inadvertently removed in the interim final rule, related to ensuring
mitigation plan compliance with applicable laws and regulations. Thus,
DHS finds that this part of the final rule relates to agency procedures
and is exempt from notice and comment.
In addition, the APA provides that an agency may dispense with
notice and comment rulemaking procedures when an agency, for good
cause, finds those procedures are impracticable, unnecessary, or
contrary to the public interest. See 5 U.S.C. 553(b)(B). DHS is
reinserting two provisions concerning mitigation plan compliance with
applicable laws and regulations, a requirement that was already present
in 44 CFR 201.4(c)(7) and 44 CFR 201.7(c)(6). Thus, DHS finds that
notice and comment is unnecessary and that this part of the final rule
is exempt from notice and comment.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency that is
issuing a final rule to provide a final regulatory flexibility analysis
or to certify that the rule will not have a significant economic impact
on a substantial number of small entities. This final rule imposes no
cost as the common interim rule implemented OMB final guidance issued
on December 26, 2013, and did not have a significant economic impact
beyond the impact of the December 2013 guidance.
D. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal
agencies to assess the effects of their discretionary regulatory
actions that may result in the expenditure by a State, local, or Tribal
government, in the aggregate, or by the private sector of $100,000,000
or more in any one year. As the final rule would not have an impact
greater than $100,000,000 or more in any one year, it is not an
unfunded Federal mandate.
E. Paperwork Reduction Act (PRA) of 1995
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Ch. 3506; 5 CFR Appendix A.1) (PRA), DHS and FEMA reviewed this final
rule and have determined that there are no new collections of
information contained therein.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments,'' (65 FR 67249, Nov. 9, 2000), applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Under this Executive Order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal Government, or the agency
consults with Tribal officials. DHS and FEMA have determined that this
final rule does not have any Tribal implications.
G. Executive Order 13132 Determination
DHS and FEMA have determined that this final rule does not have any
federalism implications, as required by Executive Order 13132.
List of Subjects
2 CFR Part 3002
Accounting, Administrative practice and procedure, Adult education,
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business
and industry, Civil rights, Colleges and universities, Communications,
Community development, Community facilities, Copyright, Credit,
Cultural exchange programs, Educational facilities, Educational
research, Education, Education of disadvantaged, Education of
individuals with disabilities, Educational study programs, Electric
power, Electric power rates, Electric utilities, Elementary and
secondary education, Energy conservation, Equal educational
opportunity, Federally affected areas, Government contracts, Grant
programs, Grant programs-agriculture, Grant programs-business and
industry, Grant programs-communications, Grant
[[Page 59551]]
programs-education, Grant programs-energy, Grant programs-health, Grant
programs-housing and community development, Grant programs-social
programs, Grant administration, Guam, Home improvement, Homeless,
Hospitals, Housing, Human research subjects, Indians, Indians-
education, Infants and children, Insurance, Intergovernmental
relations, International organizations, Inventions and patents, Loan
programs, Loan programs social programs, Loan programs-agriculture,
Loan programs-business and industry, Loan programs-communications, Loan
programs-energy, Loan programs-health, Loan programs-housing and
community development, Manpower training programs, Migrant labor,
Mortgage insurance, Nonprofit organizations, Northern Mariana Islands,
Pacific Islands Trust Territories, Privacy, Renewable Energy, Reporting
and recordkeeping requirements, Rural areas, Scholarships and
fellowships, School construction, Schools, Science and technology,
Securities, Small businesses, State and local governments, Student aid,
Teachers, Telecommunications, Telephone, Urban areas, Veterans, Virgin
Islands, Vocational education, Vocational rehabilitation, Waste
treatment and disposal, Water pollution control, Water resources, Water
supply, Watersheds, Women.
44 CFR Part 13
Accounting, Grant programs, Indians, Intergovernmental relations,
Reporting and recordkeeping requirements.
44 CFR Part 78
Flood insurance, Grant programs.
44 CFR Part 79
Flood insurance, Grant programs.
44 CFR Part 152
Fire prevention, Grant programs, Reporting and recordkeeping
requirements.
44 CFR Part 201
Administrative practice and procedure, Disaster assistance, Grant
programs, Reporting and recordkeeping requirements.
44 CFR Part 206
Administrative practice and procedure, Coastal zone, Community
facilities, Disaster assistance, Fire prevention, Grant programs-
housing and community development, Housing, Insurance,
Intergovernmental relations, Loan programs-housing and community
development, Natural resources, Penalties, Reporting and recordkeeping
requirements.
44 CFR Part 207
Administrative practice and procedure, Disaster assistance, Grant
programs, Reporting and recordkeeping requirements.
44 CFR Part 208
Disaster assistance, grant programs.
44 CFR Part 304
American Samoa, Civil defense, Grant programs-National defense,
Guam, Northern Mariana Islands, Reporting and recordkeeping
requirements, Virgin Islands.
44 CFR Part 360
Civil defense, Disaster assistance, Education, Grant programs-
education, Intergovernmental relations, Reporting and recordkeeping
requirements.
44 CFR Part 361
Disaster assistance, Grant programs-housing and community
development, Reporting and recordkeeping requirements.
Accordingly, the interim final rule amending 2 CFR part 3002 and 44
CFR parts 13, 78, 79, 152, 201, 204, 206, 207, 208, 304, 360, and 361,
which was published in the Federal Register at 79 FR 75871 on December
19, 2014, is adopted as final with the following changes:
Title 44--Emergency Management and Assistance
PART 201--MITIGATION PLANNING
0
1. The authority citation for Part 201 continues to read as follows:
Authority: Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 through 5207; Reorganization Plan No.
3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security
Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412;
E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166.
0
2. Section 201.4 is amended by adding a sentence to the end of
paragraph (c)(7) to read as follows:
Sec. 201.4 Standard State Mitigation Plans.
* * * * *
(c) * * *
(7) * * * The State will amend its plan whenever necessary to
reflect changes in State or Federal statutes and regulations.
* * * * *
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3. Section 201.7 is amended by adding a sentence to the end of
paragraph (c)(6) to read as follows:
Sec. 201.7 Tribal Mitigation Plans.
* * * * *
(c) * * *
(6) * * * The Indian Tribal government will amend its plan whenever
necessary to reflect changes in Tribal or Federal laws and statutes.
* * * * *
Dated: September 22, 2015.
Jeh Charles Johnson,
Secretary of Homeland Security.
[FR Doc. 2015-24584 Filed 10-1-15; 8:45 am]
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