
[Federal Register: October 30, 2009 (Volume 74, Number 209)]
[Rules and Regulations]               
[Page 56122-56123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc09-11]                         


[[Page 56122]]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 62

[Docket ID FEMA-2009-0009]
RIN 1660-AA64

 
Technical Amendment; Federal Emergency Management Agency's Claims 
Appeals

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: By this final rule, the Federal Emergency Management Agency 
(FEMA) is making an address change in FEMA's National Flood Insurance 
Program Claims Appeals regulations.

DATES: This final rule is effective October 30, 2009.

ADDRESSES: A copy of this rule is available electronically on the 
Federal eRulemaking Portal at http://www.regulations.gov. To the far 
right of that page is a heading entitled ``Keyword.'' Type ``FEMA-2009-
0009'' under the ``Keyword'' heading. The next screen will provide the 
``Search Results.'' Scroll down until you see the tabs: ``View By 
Relevance'' and ``View By Docket.'' Select one of the tabs to review 
the docket. The rule is also available for inspection at the Office of 
Chief Counsel, DHS/FEMA, 500 C Street, SW., Room 835, Washington, DC 
20472-3100.

FOR FURTHER INFORMATION CONTACT: Edward L. Connor, Acting Federal 
Insurance Administrator, DHS/FEMA, 1800 South Bell Street, Arlington, 
VA 20598-3010, (202) 646-3429 (Phone), (202) 646-7970 (facsimile), or 
Edward.Connor@dhs.gov.

SUPPLEMENTARY INFORMATION: 

Discussion of the Rule

    The National Flood Insurance Program Claims Appeals Process is in 
44 CFR 62.20. Under 44 CFR 62.20(e)(1), National Flood Insurance 
Program (NFIP) policyholders currently must submit written appeals of 
decisions to: Federal Emergency Management Agency, Federal Insurance 
Administrator, Mitigation Division, 500 C Street, SW., Washington, DC 
20472. FEMA has instituted a new mail service that resulted in a change 
to the address where NFIP policyholders should submit written claims 
appeals. Under this rule, NFIP policyholders must submit written claims 
appeals to: DHS/FEMA, Mitigation Directorate, Federal Insurance 
Administrator, 1800 South Bell Street, Arlington, VA 20598-MS3010. This 
final rule revises 44 CFR 62.20(e)(1) to reflect the new address. 
During the transition, any claims appeals received by FEMA at its 
Washington, DC address, will be forwarded to the Arlington, VA address.

Regulatory Analysis

Administrative Procedure Act

    FEMA did not publish a notice of proposed rulemaking (NPRM) for 
this regulation. FEMA finds that this rule is exempt from the 
Administrative Procedure Act's (5 U.S.C. 553(b)) notice and comment 
rulemaking requirements because it is purely procedural in nature. This 
rule merely updates FEMA's regulations to reflect a change in the 
mailing address. These changes do not confer any substantive rights, 
benefits or obligations; therefore this rule will have no substantive 
effect on the public. Under 5 U.S.C. 553(d)(3), FEMA finds that, for 
the same reasons, this rule is effective immediately upon publication 
in the Federal Register.

Executive Order 12866, Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, Oct. 4, 1993), accordingly FEMA has not submitted it to the 
Office of Management and Budget (OMB) for review. As this rule involves 
a non-substantive change, FEMA expects that it will not impose any 
costs on the public.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires that 
special consideration be given to the effects of proposed regulations 
on small entities. This rule does not require a Notice of Proposed 
Rulemaking and, therefore, is exempt from the requirements of the 
Regulatory Flexibility Act.

Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA) Public Law 
104-13 (44 U.S.C. 3501 et seq.), as amended, an agency may not conduct 
or sponsor, and a person is not required to respond to, a collection of 
information unless the collection of information displays a valid OMB 
control number.
    Although this regulatory change will not result in a new collection 
of information affected by the PRA, the collection of information for 
the National Flood Insurance Program Claims Appeal Process is approved 
under OMB Number, 1660-0095. The 30-day notice published on October 23, 
2009 at 74 FR 54838. The Expiration Date for 1660-0095 is January 31, 
2010.

Executive Order 13132, Federalism

    A rule has implications for federalism under Executive Order 13132, 
``Federalism'' (64 FR 43255, Aug. 10, 1999), if it has a substantial 
direct effect on State or local governments and would either preempt 
State law or impose a substantial direct cost of compliance on them. 
FEMA has analyzed this rule under that Order and determined that it 
does not have implications for federalism.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (the Act), Public Law 104-
4, 109 Stat. 48 (March 22, 1995) (2 U.S.C. 1501 et seq.), requires 
Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses 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. Therefore, this rule is not an unfunded Federal mandate under 
the Act.

Executive Order 12630, Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' (53 FR 8859, Mar. 18, 1988).

Executive Order 12898, Environmental Justice

    Under Executive Order 12898, as amended ``Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, Feb. 16, 1994), FEMA has undertaken to 
incorporate environmental justice into its policies and programs. 
Executive Order 12898 requires each Federal agency to conduct its 
programs, policies, and activities that substantially affect human 
health or the environment, in a manner that ensures that those 
programs, policies, and activities do not have the effect of excluding 
persons from participation in, denying persons the benefit of, or 
subjecting persons to discrimination because of their race, color, or 
national origin or income level.
    No action that FEMA can anticipate under this rule will have a 
disproportionately high and adverse human health or environmental 
effect on any segment of the population.

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Accordingly, the requirements of Executive Order 12898 do not apply to 
this rule.

Executive Order 12988, Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, ``Civil Justice Reform'' (61 FR 4729, Feb. 7, 
1996), to minimize litigation, eliminate ambiguity, and reduce burden.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This rule does not have Tribal implications under Executive Order 
13175, ``Consultation and Coordination with Indian Tribal Governments'' 
(65 FR 67249, Nov. 9, 2000), because it does not have a substantial 
direct effect 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.

National Environmental Policy Act

    This rule makes administrative technical changes to FEMA's 
regulations to reflect changes in agency organization and authorities. 
It is not a major agency action, nor will it affect the quality of the 
environment. This 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 of 1969, Public Law 
91-190, 83 Stat. 852 (January 1, 1970)(42 U.S.C. 4321 et seq.), as 
amended.

Congressional Review of Agency Rulemaking

    FEMA has sent this final rule to the Congress and to the Government 
Accountability Office under the Congressional Review of Agency 
Rulemaking Act (Act), Public Law 104-121, 110 Stat. 873 (March 29, 
1996)(5 U.S.C. 804). The rule in not a ``major rule'' within the 
meaning of that Act and will not result in an annual effect on the 
economy of $100,000,000 or more. Moreover, it will not result in a 
major increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions. 
FEMA does not expect that it will have ``significant adverse effects'' 
on competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with foreign-
based enterprises.

List of Subjects in 44 CFR Part 62

    Claims, Flood insurance, Reporting and recordkeeping requirements.

0
For the reasons stated in the preamble, FEMA amends 44 CFR chapter I as 
follows:

PART 62--SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.


0
2. In Sec.  62.20 revise the second sentence of paragraph (e)(1) to 
read as follows:


Sec.  62.20  Claims appeals.

* * * * *
    (e) * * *
    (1) * * * The appeal should be sent to: DHS/FEMA, Mitigation 
Directorate, Federal Insurance Administrator, 1800 South Bell Street, 
Arlington, VA 20598-MS3010;
* * * * *

    Dated: October 26, 2009.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-26191 Filed 10-29-09; 8:45 am]

BILLING CODE 9110-11-P
