

[Federal Register: March 2, 2007 (Volume 72, Number 41)]
[Rules and Regulations]               
[Page 9445-9446]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr07-6]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

48 CFR Chapter 44

[Docket ID FEMA-2006-0033]
RIN 1660-AA46

 
Federal Emergency Management Agency (FEMA) Acquisition Regulation 
System; Removal of Chapter 44

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Direct final rule.

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SUMMARY: This direct final rule removes the Federal Emergency 
Management Agency Acquisition Regulation in its entirety. This removal 
is a result of the establishment of the Department of Homeland Security 
and its subsequent Homeland Security Acquisition Regulation supplement 
to the Federal Acquisition Regulation.

DATES:  This rule is effective May 1, 2007, unless adverse comment is 
received by April 2, 2007. If adverse comment is received, FEMA will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0033, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 

instructions for submitting comments.
    E-mail: FEMA-RULES@dhs.gov. Include Docket ID FEMA-2006-0033 in the 
subject line of the message.
    Fax: 866-466-5370.
    Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of Chief 
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, 
SW., Washington, DC 20472.
    Instructions: All Submissions received must include the agency name 
and Docket ID. Regardless of the method used for submitting comments or 
material, all submissions will be posted, without change, to the 
Federal eRulemaking Portal at http://www.regulations.gov, and will 

include any personal information you provide. Therefore, submitting 
this information makes it public. You may wish to read the Privacy Act 
notice that is available on the Privacy and Use Notice link on the 
Administration Navigation Bar of http://www.regulations.gov.

    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
 Submitted comments may also be inspected at FEMA.


FOR FURTHER INFORMATION CONTACT: Joyce M. Ard, Federal Emergency 
Management Agency, 500 C Street, SW., Patriot Plaza Room 201, 
Washington, DC 20472, (phone) 202-646-3213, (facsimile) 202-646-2928, 
or (e-mail) joyce.ard@dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) is issuing this action as a direct final rule without prior 
proprosal because FEMA believes that this action is not controversial 
and will not result in any adverse comments. This direct final rule 
removes the FEMA Acquisition Regulation (FEMAAR) at 48 CFR Chapter 44 
in its entirety. (FEMAAR was published in 50 FR 31316, Aug. 1, 1985, 
and amended at 55 FR 28206, July 10, 1990). The specific language and 
subsequent clauses are removed as a result of the transfer of FEMA to 
the Department of Homeland Security (DHS) on March 1, 2003. The 
Homeland Security Acquisition Regulation (HSAR), 48 CFR Chapter 30, 
issued in 68 FR 67867, Dec. 4, 2003 and amended as a final rule in 71 
FR 25759, May 2, 2006, 71 FR 48800, Aug. 22, 2006 and in 72 FR 1296, 
Jan. 11, 2007 established a uniform department-wide acquisition 
regulation for DHS and for purposes of 48 CFR Chapter 30 listed all 
entities for which the chapter applied to include FEMA.
    FEMA believes it is important to make this action effective as soon 
as possible not only to remove inapplicable regulatory text, but to be 
consistent with DHS uniform department-wide acquisition regulations. 
For these reasons, FEMA believes that it is appropriate to issue this 
rule as a direct final rule. This rule conforms with the good cause 
exemption under section 553(b)(B) of the Administrative Procedure Act 
(5 U.S.C. 553(b)(B)), because notice and comment is unnecessary. As 
stated above, this rulemaking simply completes an administrative task 
by removing inapplicable and inconsistent regulatory text. However, if 
FEMA receives a significant adverse comment within 30 days of 
publication of this direct final rule, FEMA will publish a timely 
notice of withdrawal in the Federal Register. If FEMA receives no 
significant adverse comment, before the effective date, FEMA will 
publish a document in the Federal Register stating that no adverse 
comment was received and confirming that this rule will be effective as 
scheduled.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) mandates that an agency 
conduct a RFA analysis when an agency is ``required by section 553 * * 
* to publish general notice of proposed rulemaking for any proposed 
rule.'' 5 U.S.C. 603(a). Accordingly, RFA analysis is not required when 
a rule is exempt from notice and comment rulemaking under 5 U.S.C. 
553(b). Here, FEMA is issuing this action as a direct final rule 
without prior proposal because FEMA believes that this action is not 
controversial and will not result in any adverse comments. Moreover, as 
stated previously, good cause exists under 5 U.S.C. 553(b)(B) to exempt 
this rule from the notice and comment requirements of 5 U.S.C. 553(b). 
Therefore no RFA analysis under 5 U.S.C. 603 is required for this rule.

Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866, 58 FR 51735, Oct. 4, 1993, a 
``significant regulatory action'' is subject to Office of Management 
and Budget (OMB) review and the requirements of Executive Order 12866. 
Section 3(f) of the Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or may adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Sections 503(1), 701(a)(2), 1511(d)(2) of the Homeland Security 
Act, 6 U.S.C. 313(1), 341(a)(2), 551(d)(2), established FEMA as a 
component within DHS. As a DHS component FEMA adheres to the HSAR, 48 
CFR 3001.105-2(a) and 3001.301(a)(1). This direct final rule removes 
the FEMAAR as a result of the establishment of FEMA as a DHS component. 
Therefore, this rulemaking is not considered to be an economically 
significant regulatory action under

[[Page 9446]]

section 3(f) of Executive Order 12866. This rule adheres to the 
principles of regulation as set forth in the Executive Order.

Executive Order 13132, Federalism

    This direct final rule will not have substantial direct effects on 
the States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. It will not preempt any State laws. In 
accordance with section 6 of Executive Order 13132, FEMA determines 
that this rule will not have federalism implications sufficient to 
warrant the preparation of a federalism impact statement.

National Environmental Policy Act

    This direct final rule falls within the exclusion category of 44 
CFR 10.8(d)(2)(ii), which addresses the preparation, revision, and 
adoption of regulations, directives, manuals, and other guidance 
documents related to actions that qualify for categorical exclusions. 
Because no other extraordinary circumstances have been identified, this 
direct final rule will not require the preparation of either an 
environmental assessment or an environmental impact statement as 
defined by the National Environmental Policy Act.

Paperwork Reduction Act of 1995

    This direct final rule will not revise information collection 
requirements currently approved under the Paperwork Reduction Act of 
1995. Under the Paperwork Reduction Act, a person may not be penalized 
for failing to comply with an information collection that does not 
display a currently valid OMB control number. FEMA has determined that 
because the direct final rule would not involve information collection, 
there is no need to address the Paperwork Reduction Act in the 
promulgation of the rule.

Executive Order 12988

    This direct final rule meets the applicable standards of Executive 
Order 12988.

List of Subjects in 48 CFR Chapter 44

    Government procurement.

0
Accordingly, under the authority of sections 503(1), 701(a)(2), 
1511(d)(2) of the Homeland Security Act, 6 U.S.C. 313(1), 341(a)(2), 
551(d)(2), FEMA amends 48 CFR by removing chapter 44.

    Dated: February 22, 2007.
R. David Paulison,
Director, Federal Emergency Management Agency, Department of Homeland 
Security.
 [FR Doc. E7-3650 Filed 3-1-07; 8:45 am]

BILLING CODE 9110-49-P
