Federal Register: April 3, 2009 (Volume 74, Number 63)
DOCID: fr03ap09-6 FR Doc E9-6920
DEPARTMENT OF HOMELAND SECURITY
Veterans Employment and Training Service
CFR Citation: 44 CFR Chapter I
Docket ID: [Docket ID FEMA-2008-0013]
NOTICE: Part II
DOCID: fr03ap09-6
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
RIN-1660-AA57
DATES: This final rule is effective April 3, 2009.
DOCUMENT SUMMARY:
By this final rule, the Federal Emergency Management Agency (FEMA) is making editorial and technical changes throughout chapter I of title 44 of the Code of Federal Regulations (CFR) to reflect the current organization and procedures of the agency. This rule updates organization names, removes the internal delegations of authority from part 2, and makes conforming amendments and technical corrections, and will have no substantive effect on the regulated public.
SUMMARY:
Homeland Security Department, Federal Emergency Management Agency
DOCUMENT BODY 2:
Technical, Organizational and Conforming Amendments; Title 44 CFR
Chapter I
SUPPLEMENTAL INFORMATION
Regulatory Information
The Federal Emergency Management Agency did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), FEMA finds that this rule is exempt from notice and comment rulemaking requirements because its substance updates FEMA's regulations to conform to changes in FEMA's organization and practices. All of the changes in this rule are nonsubstantive. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), FEMA finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the Federal Register.
Discussion of the Rule
In 1979, by Executive Order 12127, President Carter created FEMA as
an independent executive branch agency, and FEMA began issuing
regulations in title 44 CFR, chapter I. Since then, the agency has undergone several reorganizations, both absorbed and shed
responsibilities, and in 2003 became part of the Department of Homeland
Security (DHS). Most recently, Congress passed, and the President
signed into law, the PostKatrina Emergency Management Reform Act of 2006 (Pub. L. 109295), which on March 31, 2007, made many
organizational changes to FEMA, including renaming the Director as an
Administrator. Due to these many changes to its organization and
structure throughout the years, many of FEMA's regulations do not
reflect its current organization, nomenclature, procedures, and practices.
This rule corrects organization names and addresses, updates Information Collection Approval Numbers issued by the Office of Management and Budget (OMB), removes the text of an Executive Order that has been repealed, and makes other technical and editorial corrections throughout title 44. This rule does not change the substantive requirements of existing regulations. In the following paragraphs, FEMA describes revisions that are not selfexplanatory. Self explanatory revisions include name, address, or spelling corrections, genderneutral changes, or updates to references/cites. Title Changes
FEMA has undergone a number of transitions, the largest of which was the Agency's move into DHS in March 2003. Although continuing to work under the FEMA name, the Homeland Security Act of 2002 (Pub. L. 107296, Sec. 503, 116 Stat. 2135, 2213 (2002)) transferred FEMA's functions to DHS's Directorate of Emergency Preparedness and Response.
Recently, the PostKatrina Emergency Management Reform Act (PKEMRA) (Pub. L. 109295, 120 Stat. 1355, (2006)) amended the Homeland Security Act of 2002 and reinforced critical elements of FEMA's emergency response capabilities. In part, PKEMRA removed FEMA from DHS's Emergency Preparedness and Response Directorate, and established it as a standalone, directoratelevel component of DHS. PKEMRA also shifted many of the responsibilities of the DHS Preparedness Directorate into the new FEMA. FEMA now manages the United States Fire Administration, the Chemical Stockpile Emergency Preparedness program, the Radiological Emergency Preparedness program, the Office of National Capital Region Coordination, and the functions of what was formerly DHS' Office of Grants and Training. Finally, FEMA is now headed by an Administrator, who ``is the principal advisor to the President, the Homeland Security Council, and the Secretary for all matters relating to emergency management in the United States.'' (Pub. L. 109295, Sec. 611, 120 Stat. 1355, 1397 (2006)).
During the transitions described above, certain of FEMA's directorates were reorganized to comport with the overall structure of DHS, and to better serve the missions of both FEMA and DHS. As a result, some components and their subdivisions have been renamed. For example, the functions that were once performed by the Response and Recovery Directorate have been split amongst three new directorates, the Disaster Assistance Directorate, Disaster Operations Directorate, and the Logistics Management Directorate. The Response and Recovery Directorate no longer exists. Where the names of offices or directorates appear in the text of Title 44, they have been corrected to reflect designations current as of the date of this publication.
In addition, modifications have been made to FEMA leadership titles
and roles. Where these terms appear in the text of Title 44, they have
been corrected to reflect the proper terms that are now in use. For
example, the former title of FEMA's ``Director'' has been replaced with the new title of ``Administrator''.
Update to Part 2 Subpart A, ``Organizations, Functions, and Delegations of Authority''
FEMA's organizational structure and delegations of authority are
not appropriate for the Code of Federal Regulations, and are not
required to be published in the Federal Register. Pursuant to the Federal Register Act (44
[[Page 15329]]
U.S.C. 1505), only Presidential proclamations, Executive Orders, and
those documents or classes of documents that either the President has
determined to have general applicability and legal effect or by Act of
Congress are required to be published in the Federal Register. FEMA has
determined that it is in the interest of both the agency and the public
to remove descriptions of its organization and functions from the
regulations. This information, along with biographical information on
FEMA's leadership, the agency's mission, office locations, and other
useful organizational information, is available on the ``About Us''
link from FEMA's Web site at www.fema.gov. By issuing changes via its
website, FEMA can more quickly and easily communicate to the public any
changes made to its structure, either by legislation or internal procedural reforms.
Update to Part 2 Subpart B, ``OMB Collection Numbers''
As part of the overall revision to title 44, FEMA is revising Sec. 2.81 to reflect new or revised OMB control numbers assigned to FEMA's information collection requirements. As required by the Paperwork Reduction Act, qualifying requests for information from the public must be approved by OMB, and are not enforceable until the agency possesses an OMB control number. Information on all currently approved information collections is available online at http://www.reginfo.gov/ public/do/PRAMain. Although FEMA has maintained current OMB approvals, all of FEMA's OMB control numbers were transferred from the 3067 series to 1660 when FEMA became a part of DHS.
Update to Part 5
FEMA is updating part 5, ``Production or Disclosure of Information.'' Section 5.26, ``Rules for public inspection and copying,'' provides the addresses where members of the public may contact FEMA Headquarters or its Regional Offices, to find materials available for public inspection and copying. These materials are required to be available by 5 U.S.C. 552(a), and include final opinions and orders made in the adjudication of cases; statements of policy and interpretation that have been adopted by FEMA and are not published in the Federal Register; and administrative staff manuals and instructions to staff that affect a member of the public, unless such materials are promptly published and copies offered for sale. This change will correct the addresses that are provided for regional offices.
FEMA is also correcting the address in Sec. 5.41, ``FEMA publications.'' This section provides the address from which members of the public may request FEMA publications. In addition, many FEMA publications and documents may be found on FEMA's Web site at www.fema.gov, which contains a Freedom of Information Act (FOIA) reading room as well as a library of policies, forms, brochures, and other useful information.
Update to Section 9.18
In Sec. 9.18, we removed paragraphs (b)(2) and (3). These paragraphs reflected modifications that the Heads of FEMA Offices, Directorates, and Administrations were required to make to their procedures within 90 days of the date the regulation went into effect. The regulation went into effect in September 1980 and was amended in August 1984. Since the requirement expired over 20 years ago, it has been removed.
Update to Part 13
FEMA is updating part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.'' In particular, FEMA is updating Sec. 13.26(a), ``NonFederal audit,'' to amend the list of authorities under which grantees and subgrantees are responsible for obtaining audits. The additional authorities are 31 U.S.C. 503, 1111; Executive Order 8248; and Executive Order 11541. This is not a substantive change, and is merely provided to assist grantees and subgrantees in locating other sources of audit requirements.
In Sec. 13.26(b), FEMA is revising the threshold grant amount above which State or local governments must meet the audit requirements. The current regulations set the amount at ``$300,000 or more (or other amount as specified by OMB)''. On June 27, 2003, OMB Circular A133, Subpart D, section 400(d)(4) revised this amount to $500,000 for fiscal years ending after December 31, 2003. Since the regulations said ``or other amount as specified by OMB'', this is not a substantive change, but updates the stated threshold amount to reflect the current OMB amount.
Removal of Part 14
FEMA is removing part 14, ``Administration of Grants: Audits of
State and Local Governments,'' as well as appendix A to part 14. Part
14 and its appendix implement OMB Circular A128, ``Audits of State and
Local Governments''. In 1997, OMB Circular A128 was rescinded by
revised OMB Circular A133, ``Audits of States, Local Governments, and
NonProfit Organizations,'' which consolidated audit requirements.
Revised OMB Circular A133 established uniform audit requirements for
nonFederal entities that administer Federal awards, and implemented
the Single Audit Act Amendments of 1996 (Pub. L. 104156). The
provisions of the revised Circular A133 were implemented by FEMA at
part 13 (62 FR 45937, Aug. 29, 1997). Accordingly, this rule removes
part 14, Appendix A to part 14, and any references to part 14 throughout title 44.
Statutory Requirements
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, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. OMB has not reviewed it under that Order. It is not ``significant'' under the regulatory policies and procedures of DHS. FEMA expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. As this rule involves internal agency practices and procedures and nonsubstantive changes, it will not impose any costs on the public.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601612), FEMA has considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, notforprofit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule does not require a Notice of Proposed Rulemaking and, therefore, is exempt from the requirements of the Regulatory Flexibility Act. Although this rule is exempt, FEMA has reviewed it for potential economic impact on small entities. This rule will have no substantive effect on the regulated public. Therefore, FEMA certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.
Paperwork Reduction Act of 1995
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 35013520).
[[Page 15330]]
Executive Order 13132, Federalism
A rule has implications for federalism under Executive Order 13132, Federalism, 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 (2 U.S.C. 15311538) 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. Though this rule will not result in such an expenditure, FEMA does discuss the effects of this rule elsewhere in this preamble. 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.
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, 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, 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.
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, 5 U.S.C. 801808. 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 Statesbased enterprises to compete with foreignbased enterprises.
List of Subjects
44 CFR Part 1
Administrative practice and procedure.
44 CFR Part 2
Authority delegations (Government agencies), Organization and
functions (Government agencies), Reporting and recordkeeping requirements.
44 CFR Part 4
Intergovernmental relations.
44 CFR Part 5
Courts, Freedom of information, Government employees. 44 CFR Part 6
Privacy.
44 CFR Part 7
Administrative practice and procedure, Aged, Civil rights, Reporting and recordkeeping requirements.
44 CFR Part 8
Classified information.
44 CFR Part 9
Flood plains, Reporting and recordkeeping requirements. 44 CFR Part 10
Environmental impact statements.
44 CFR Part 11
Claims, Government employees, Income taxes, Reporting and recordkeeping requirements, Wages.
44 CFR Part 12
Advisory committees.
44 CFR Part 13
Accounting, Grant programs, Indians, Intergovernmental relations, Reporting and recordkeeping requirements.
44 CFR Part 14
Accounting, Grant programs, Indians, Intergovernmental relations, Loan programs, Reporting and recordkeeping requirements.
44 CFR Part 15
Federal buildings and facilities, Penalties, Security measures. 44 CFR Part 16
Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities.
44 CFR Part 17
Administrative practice and procedure, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements.
44 CFR Part 59
Flood insurance, Reporting and recordkeeping requirements. 44 CFR Part 60
Flood insurance, Flood plains, Reporting and recordkeeping requirements.
44 CFR Part 61
Flood insurance, Reporting and recordkeeping requirements. 44 CFR Part 62
Claims, Flood insurance, Reporting and recordkeeping requirements. 44 CFR Part 63
Flood insurance, Intergovernmental relations, Reporting and recordkeeping requirements.
44 CFR Part 64
Flood insurance, Reporting and recordkeeping requirements. 44 CFR Part 65
Flood insurance, Reporting and recordkeeping requirements. 44 CFR Part 66
Flood insurance, Intergovernmental relations, Reporting and recordkeeping requirements.
44 CFR Part 67
Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.
[[Page 15331]]
44 CFR Part 68
Administrative practice and procedure, Flood insurance. 44 CFR Part 70
Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.
44 CFR Part 71
Coastal zone, Flood insurance, Reporting and recordkeeping requirements.
44 CFR Part 73
Flood insurance, Intergovernmental relations.
44 CFR Part 75
Flood insurance, Reporting and recordkeeping requirements. 44 CFR Part 78
Flood insurance, Grant programs.
44 CFR Part 150
Civil defense, Decorations, Medals, Awards, Firefighters, Law enforcement officers, Reporting and recordkeeping requirements. 44 CFR Part 151
Claims, Fire prevention, Government property, Reporting and recordkeeping requirements.
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 204
Administrative practice and procedure, Fire prevention, 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 programshousing and community
development, Natural resources, Penalties, Reporting and recordkeeping requirements.
44 CFR Part 208
Disaster assistance, Grant programs.
44 CFR Part 209
Administrative practice and procedure, Disaster assistance, Grant programs, Reporting and recordkeeping requirements.
44 CFR Part 295
Administrative practice and procedure, Claims, Disaster assistance, Federally affected areas, Indianslands, Public lands, Reporting and recordkeeping requirements.
44 CFR Part 300
Disaster assistance, Grant programshousing and community development, Technical assistance.
44 CFR Part 302
Civil defense, Grant programsNational defense, Reporting and recordkeeping requirements.
44 CFR Part 304
American Samoa, Civil defense, Grant programsNational defense, Guam, Northern Mariana Islands, Reporting and recordkeeping requirements, Virgin Islands.
44 CFR Part 312
Civil defense, Disaster assistance, Grant programsNational defense.
44 CFR Part 321
Business and industry, National defense.
44 CFR Part 327
Business and industry, Government property, National defense. 44 CFR Part 330
Authority delegations (Government agencies), Energy, National defense.
44 CFR Part 331
Government contracts, Government procurement, Manpower, National defense.
44 CFR Part 332
Business and industry, Freedom of information, National defense, Reporting and recordkeeping requirements.
44 CFR Part 334
Civil defense.
44 CFR Part 350
Administrative practice and procedure, Disaster assistance, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Technical assistance.
44 CFR Part 352
Administrative practice and procedure, Disaster assistance, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reporting and recordkeeping requirements, Technical assistance.
44 CFR Part 354
Disaster assistance, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Technical assistance. 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 programshousing and community development, Reporting and recordkeeping requirements.
44 CFR Part 362
Disaster assistance.
For the reasons stated in the preamble, FEMA amends 44 CFR Chapter I as follows:
PART 1RULEMAKING; POLICY AND PROCEDURES
1. The authority citation for part 1 continues to read as follows:
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. Sec. 1.2 [Amended]
2. In Sec. 1.2(c), remove the word ``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 1.3 [Amended]
3. In Sec. 1.3(b), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 1.4 [Amended]
4. In Sec. 1.4
a. In paragraphs (d), (e) and (f), remove the word ``Director''
wherever it appears, and add, in its place, the word ``Administrator''; and
b. In paragraph (h), remove the number ``12291'' and add, in its place, the number ``12866''.
Sec. 1.5 [Amended]
5. In Sec. 1.5(a), remove the words ``General Counsel'' wherever they
appear, and add, in their place, the words ``Chief Counsel''. Sec. 1.10 [Amended]
6. In Sec. 1.10, remove the word ``Director's'' and add, in its place, the word ``Administrator's''.
[[Page 15332]]
Sec. 1.13 [Amended]
7. In Sec. 1.13(a) and (b), remove the word ``Director'' wherever it
appears, and add, in its place, the word ``Administrator''. Sec. 1.14 [Amended]
8. In Sec. 1.14, remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 1.15 [Amended]
9. In Sec. 1.15(b), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 1.16 [Amended]
10. In Sec. 1.16(b) introductory text and (b)(4), remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 1.18 [Amended]
11. In Sec. 1.18(a) introductory text and (b), remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
12. Revise part 2 to read as follows:
PART 2OMB 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.
Sec. 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.
Sec. 2.2 OMB control numbers assigned to information collections. 44 CFR part or section where identified or
described Current OMB Control No. 59............................................ 16600023
59.22......................................... 16600003, 16600004 59 subpart C.................................. 16600045
60.6, 60.3.................................... 16600033
61.13......................................... 16600006
62 subpart B.................................. 16600005,16600095 62.23(l)...................................... 16600086
62.24......................................... 16600020, 16600038 65, 70 generally.............................. 16600037
71.4.......................................... 16600010
72............................................ 16600015, 16600016 75.11......................................... 16600013
78............................................ 16600062, 16600072,16600075 79.7(d)....................................... 16600104
80............................................ 16600103
151.11........................................ 16600014
152.4, 152.7.................................. 16600069
201........................................... 16600062, 16600072, 16600103 204........................................... 16600058
206 subpart B: 206.34, 206.35, 206.36, 206.46, 16600009
206.47.
206 subpart D: 206.101(e), 202.110, 206.117, 16600002
206.119.
206.112, 206.114, 206.115..................... 16600061
206.171....................................... 16600085
206.202(f)(2), 206.203(c), 206.203(d)(i), 16600017
206.204(f).
206 subpart K................................. 16600082, 16600083 206 subpart N................................. 16600076
206.437....................................... 16600026
206.440....................................... 16600076
208........................................... 16600073
352........................................... 16600024
PART 4INTERGOVERNMENTAL REVIEW OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PROGRAMS AND ACTIVITIES
13. The authority citation for part 4 continues to read as follows:
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).
14. In Sec. 4.2, remove the definition of ``Director'' and add a new
definition of ``Administrator'' in alphabetical order to read as follows:
Sec. 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.
* * * * *
Sec. 4.3 [Amended]
15. In Sec. 4.3, remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 4.5 [Amended]
16. In Sec. 4.5
a. In the section heading, remove the word ``Director's'' and add, in its place, the word ``Administrator's''; and
b. In the regulatory text, remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 4.6 [Amended]
17. In Sec. 4.6 paragraphs (b), (c) and (d), remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
[[Page 15333]]
Sec. 4.7 [Amended]
18. In Sec. 4.7, in the section heading and paragraphs (a)
introductory text and (b) introductory text, remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 4.8 [Amended]
19. In Sec. 4.8, in the section heading and paragraph (a), remove the
word ``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 4.9 [Amended]
20. In Sec. 4.9, in the section heading and paragraphs (a)
introductory text, (d) and (e), remove the word ``Director'' wherever
it appears, and add, in its place, the word ``Administrator''. Sec. 4.10 [Amended]
21. In Sec. 4.10, in the section heading and paragraphs (a)
introductory text, (a)(3), (b) introductory text and (b)(2), remove the
word ``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 4.11 [Amended]
22. In Sec. 4.11
a. In the section heading, remove the word ``Director's'' and add, in its place, the word ``Administrator's''; and
b. In paragraphs (a) introductory text, (a)(4) and (b), remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 4.12 [Amended]
23. In Sec. 4.12(b) and (c), remove the word ``Director'' wherever it
appears, and add, in its place, the word ``Administrator''. Sec. 4.13 [Amended]
24. In Sec. 4.13, in the section heading and regulatory text, remove
the word ``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
PART 5PRODUCTION OR DISCLOSURE OF INFORMATION
25. The authority citation for part 5 continues to read as follows:
Authority: 5 U.S.C. 552 as amended by sections 18011804 of the
Omnibus AntiDrug Abuse Act of 1986 which contains the Freedom of
Information Reform Act of 1986 (Pub. L. 99570); 5 U.S.C. 301 (Pub.
L. 85619); Reorganization Plan No. 3 of 1978; E.O. 12127; and E.O. 12148.
Sec. 5.3 [Amended]
26. In Sec. 5.3(e), remove the words ``Regional Director'' and add, in their place, the words ``Regional Administrator''.
Sec. 5.8 [Amended]
27. In Sec. 5.8, remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 5.22 [Amended]
28. In Sec. 5.22, remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 5.26 [Amended]
29. Revise Sec. 5.26(a)(2) to read as follows:
Sec. 5.26 Rules for public inspection and copying.
(a) * * *
(2) Regional Offices
Region I: 99 High Street, 6th Floor, Boston, Massachusetts 02110.
Region II: 26 Federal Plaza, Suite 1337, New York, New York 10278.
Region III: 615 Chestnut Street, One Independence Mall, 6th Floor, Philadelphia, Pennsylvania 19106.
Region IV: 3003 Chamblee Tucker Road, Atlanta, Georgia 30341.
Region V: 536 South Clark Street, 6th Floor, Chicago, Illinois 60605.
Region VI: Federal Regional Center, 800 North Loop 288, Denton, Texas 76209.
Region VII: 9221 Ward Parkway, Suite 300, Kansas City, Missouri 64114.
Region VIII: Denver Federal Center, Building 710, Box 25267, Denver, Colorado 80255.
Region IX: 1111 Broadway, Suite 1200, Oakland, California 94607.
Region X: Federal Regional Center, 130 228th Street SW, Bothell, Washington 98021.
* * * * *
Sec. 5.27 [Amended]
30. In Sec. 5.27, remove the words ``General Counsel'' and add, in
their place, the words ``Chief Counsel''; and remove the words
``Regional Director'' and add, in their place, the words ``Regional Administrator''.
Sec. 5.41 [Amended]
31. In Sec. 5.41, remove the words ``and from FEMA, P.O. Box 8181,
Washington, DC 20024'' and add, in their place, the words ``, the FEMA
Library at www. FEMA.gov, or from the FEMA Distribution Center at P.O. Box 2012, 8231 Stayton Drive, Jessup, Maryland 20794''.
Sec. 5.47 [Amended]
32. In Sec. 5.47, remove the words ``Deputy Director'' and add, in their place, the words ``Deputy Administrator''.
33. Revise Sec. 5.54(a) to read as follows:
Sec. 5.54 Denial of request of records.
(a) Each of the following officials within FEMA, any official
designated to act for the official, or any official redelegated
authority by such officials shall have the authority to make initial
denials of requests for disclosure of records in his or her custody,
and shall, in accordance with 5 U.S.C. 552(a)(6)(C) be the responsible official for denial of records under this part.
(1) Deputy Administrator(s).
(2) [Reserved]
(3) Federal Insurance Administrator.
(4) Assistant Administrators.
(5) United States Fire Administrator.
(6) Chief of Staff.
(7) Office Directors.
(8) Chief Counsel.
(9) [Reserved]
(10) Chief Financial Officer.
(11) Regional Administrators.
* * * * *
Sec. 5.55 [Amended]
34. In Sec. 5.55
a. In paragraph (a), remove the words ``Regional Director'' and add, in their place the words ``Regional Administrator'';
b. In paragraph (d), remove the words ``Deputy Director'', and add, in their place the words ``Deputy Administrator'';
c. In paragraph (e), remove the words ``Deputy Director'' wherever they
appear, and add, in their place the words ``Deputy Administrator'';
remove the word ``Director'' wherever it appears, and add, in its
place, the word ``Administrator''; and remove the word ``Deputy's'' and
add, in its place, the words ``Deputy Administrator's''; and
d. In paragraph (h) introductory text, remove the words ``Deputy
Director'' wherever they appear, and add, in their place the words ``Deputy Administrator''.
Sec. 5.59 [Amended]
35. In Sec. 5.59, remove the words ``Deputy Director'' and add, in their place, the words ``Deputy Administrator''.
Sec. 5.60 [Amended]
36. In Sec. 5.60, remove the word ``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 5.72 [Amended]
37. In Sec. 5.72, remove the word ``Director'' and add, in its place, the word ``Administrator''.
[[Page 15334]]
Sec. 5.82 [Amended]
38. In Sec. 5.82(b), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 5.83 [Amended]
39. In Sec. 5.83, remove the words ``Regional Director'' and add, in
their place the words ``Regional Administrator''; remove the words
``General Counsel, FEMA'' and add, in their place, the words ``Chief
Counsel, FEMA, 500 C Street SW., Washington, DC 20472''; and remove the
words ``For records or testimony of the Office of Inspector General,
the subpoena should be addressed to the Inspector General, FEMA, Washington, DC 20472.''.
Sec. 5.84 [Amended]
40. In Sec. 5.84
a. In paragraph (a), remove the words ``General Counsel'' wherever they
appear, and add, in their place, the words ``Chief Counsel.''; and
remove the words ``or, as to records of the Office of the Inspector General, by the Inspector General'';
b. In paragraph (b), remove the words ``Regional Director'' and add, in
their place, the words ``Regional Administrator''; remove the words
``General Counsel'' and add, in their place, the words ``Chief Counsel;
and remove the words ``unless the subpoena or demand seeks the
production of documents or materials maintained by the Office of
Inspector General, in which case a copy of the demand shall be provided to the Inspector General.''
c. In paragraph (c), remove the words ``General Counsel'' and add, in
their place, the words ``Chief Counsel''; and remove the words ``(or Inspector General)'';
d. In paragraph (d), remove the words ``General Counsel'' wherever they
appear, and add, in their place, the words ``Chief Counsel''; remove
the words ``(or Inspector General)'' and remove the words ``(or, where appropriate, the Inspector General)''; and
e. In paragraph (e), remove the words ``General Counsel'' wherever they
appear, and add, in their place, the words ``Chief Counsel''; remove
the words ``(or, as to documents maintained by Office of Inspector
General, the Inspector General)''; and remove the words ``(or Inspector General)''.
41. Revise Sec. 5.85 to read as follows:
Sec. 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.
Sec. 5.87 [Amended]
42. In Sec. 5.87
a. In paragraph (b), remove the words ``other than an employee of the
Office of Inspector General,''; remove the words ``General Counsel''
wherever they appear, and add, in their place, the words ``Chief
Counsel''; remove the words ``Employees of the Office of Inspector
General shall notify the Inspector General of such demands.''; and
remove the words ``(or Inspector General through designated legal counsel)''; and
b. In paragraph (c), remove the words ``General Counsel'' and add, in
their place, the words ``Chief Counsel''; and remove the words ``(or Inspector General)''.
Sec. 5.88 [Amended]
43. In Sec. 5.88(a), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 5.89 [Amended]
44. In Sec. 5.89, remove the words ``General Counsel'' wherever they
appear, and add, in their place, the words ``Chief Counsel''; remove
the words ``(or, as to employees of the Office of Inspector General,
the Inspector General)''; remove the words ``(or Inspector General)'';
and remove the word ``Director'' and add, in its place, the word ``Administrator'';
PART 6IMPLEMENTATION OF THE PRIVACY ACT OF 1974
45. The authority citation for part 6 continues to read as follows:
Authority: 5 U.S.C. 552a; Reorganization Plan No. 3 of 1978; and E.O. 12127.
Sec. 6.2 [Amended]
46. In Sec. 6.2
a. In paragraph (m), remove the word ``Director'' and add, in its place, the words ``Administrator of''; and
b. In paragraph (n), remove the words ``Deputy Director'' wherever they
appear, and add, in their place, the words ``Deputy Administrator'';
and remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 6.3 [Amended]
47. In Sec. 6.3(b), remove the words ``Director, Office of
Administrative Support'' and add, in their place, the words ``Director,
Records Management Division, Office of Management''; and remove the
words ``Regional Directors'' and add, in their place, the words ``Regional Administrators''.
Sec. 6.20 [Amended]
48. In Sec. 6.20
a. In paragraph (g), remove the word ``Director'' and add, in its place, the word ``Administrator''; and
b. In paragraph (j), remove the words ``General Accounting Office'' and
add, in their place, the words ``Government Accountability Office''. Sec. 6.21 [Amended]
49. In Sec. 6.21(b), remove the word ``Director'' and add, in its place, the word ``Administrator''.
50. In Sec. 6.33
a. In paragraph (d), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''; and
b. Revise paragraph (b) to read as follows:
Sec. 6.33 Denial of access.
* * * * *
(b) Upon receipt of a request for access to a record which the
system manager believes is contained within an exempt system of records
he or she shall forward the request to the appropriate official listed
below or to his or her delegate through normal supervisory channels. (1) Deputy Administrators.
(2) [Reserved]
(3) Federal Insurance Administrator.
(4) Assistant Administrators.
(5) United States Fire Administrator.
(6) Chief of Staff.
(7) Office Directors.
(8) Chief Counsel.
(9) [Reserved]
(10) Chief Financial Officer.
(11) Regional Administrators.
* * * * *
Sec. 6.34 [Amended]
51. In Sec. 6.34, remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 6.50 [Amended]
52. In Sec. 6.50, remove the words ``FEMA Director of Personnel'' and
add, in their place, the words ``Director, Human Capital Division''. Sec. 6.55 [Amended]
53. In Sec. 6.55
a. In paragraph (c), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel'';
[[Page 15335]]
b. In paragraphs (d), (e) and (f) introductory text, remove the words
``Deputy Director'' wherever they appear, and add, in their place, the words ``Deputy Administrator''; and
c. In paragraph (h), remove the word ``Director'' wherever it appears,
and add, in its place, the word ``Administrator''; and remove the word
``Director's'' and add, in its place, the word ``Administrator's''. Sec. 6.70 [Amended]
54. In Sec. 6.70(a) and (b), remove the word ``Director'', and add, in
its place, the word ``Administrator''; and remove the word
``Director's'' and add, in its place, the word ``Administrator's''. Sec. 6.71 [Amended]
55. In Sec. 6.71(b), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 6.86 [Amended]
56. In Sec. 6.86(a), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 6.87 [Amended]
57. In Sec. 6.87(a), (c) introductory text and (c)(2), remove the
word ``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
PART 7NONDISCRIMINATION IN FEDERALLYASSISTED PROGRAMS
58. The authority citation for part 7 continues to read as follows:
Authority: FEMA Reg. 5 issued under sec. 602, 78 Stat. 252; 42 U.S.C. 2000 d1; 42 U.S.C. 18551885g; 50 U.S.C. 404.
Sec. 7.2 [Amended]
59. In Sec. 7.2(a), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 7.12 [Amended]
60. In Sec. 7.12(c) and (d), remove the word ``Director'' wherever it
appears, and add, in its place, the word ``Administrator''. Sec. 7.13 [Amended]
61. In Sec. 7.13(e), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 7.14 [Amended]
62. In Sec. 7.14(e) and (f), remove the word ``Director'' wherever it
appears, and add, in its place, the word ``Administrator''. Sec. 7.16 [Amended]
63. In Sec. 7.16(c), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 7.913 [Amended]
64. In Sec. 7.913, remove the definition of ``Director'', and add a
new definition of ``Administrator'' in alphabetical order to read as follows:
Sec. 7.913 Definition of terms used in this regulation.
* * * * *
Administrator means the Administrator of the Federal Emergency Management Agency.
* * * * *
Sec. 7.942 [Amended]
65. In Sec. 7.942(a) introductory text, remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 7.945 [Amended]
66. In Sec. 7.945(c)(1) and (c)(2), remove the word ``Director''
wherever it appears, and add, in its place, the word ``Administrator''. Sec. 7.948 [Amended]
67. In Sec. 7.948(a) and (b) introductory text, remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator''.
Sec. 7.949 [Amended]
68. In Sec. 7.949(b)(3)(iii), remove the word ``Director'' and add, in its place, the word ``Administrator''.
PART 8NATIONAL SECURITY INFORMATION
69. The authority citation for part 8 continues to read as follows:
Authority: Reorganization Plan No. 3 of 1978, E.O. 12148 and E.O. 12356.
Sec. 8.2 [Amended]
70. In Sec. 8.2
a. In paragraph (a) remove the word ``Director'' wherever it appears, and add, in its place, the word ``Administrator'';
b. Redesignate paragraph (d) as new paragraph (e), and remove the word
``Director'' wherever it appears, and add, in its place, the word ``Administrator'';
c. Designate the undesignated paragraph below paragraph (c)(2) as new paragraph (d); and
d. Revise Sec. 8.2(b) and (c) to read as follows:
Sec. 8.2 Original classification authority.
* * * * *
(b) In accordance with section 1.2(d)(2), E.O. 12356, the following
positions have been delegated ORIGINAL TOP SECRET CLASSIFICATION AUTHORITY by the Administrator, FEMA:
(1) Deputy Administrator, FEMA
(2) Deputy Administrator, National Preparedness Directorate (3) Director, Office of Security
(c) The positions delegated original Top Secret Classification
Authority in paragraph (b) of this section, are also delegated Original
Secret and Confidential Classification Authority by virtue of this
delegation. The following positions have been delegated Original Secret and Original Confidential Classification Authority:
(1) Associate Director, State and Local Programs and Support. (2) Regional Administrators.
Sec. 8.3 [Amended]
71. In Sec. 8.3, remove the words ``Director of Security, FEMA'' and
add, in their place, the words ``Director of the Security Division''. Sec. 8.4 [Amended]
72. In Sec. 8.4
a. In paragraphs (b) and (c), remove the words ``Office of Security''
wherever they appear, and add, in their place, the words ``Security Division'';
b. In paragraph (e), remove the words ``Director of Security'' and add,
in their place, the words ``Director of the Security Division''; remove
the words ``Office of Security'' wherever they appear, and add, in
their place, the words ``Security Division''; and remove the word
``Director'' and add, in its place, the word ``Administrator'';
c. In paragraph (g)(1), remove the word ``Director'' and add, in its
place, the word ``Administrator''; remove the words ``Director of
Security'' and add, in their place, the words ``Director of the
Security Division''; and remove the words ``Office of General Counsel''
and add, in their place, the words ``Office of Chief Counsel''; and
d. In paragraph (g)(3), remove the word ``Director'' and add, in its place, the word ``Administrator''.
PART 9FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS
73. The authority citation for part 9 continues to read as follows:
Authority: E.O. 11988 of May 24, 1977. 3 CFR, 1977 Comp., p. 117; E.O. 11990 of May 24 1977, 3 CFR, 1977 Comp. p. 121;
Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp.,
p. 329; E.O. 12127 of March 31, 1979, 44 FR 19367, 3 CFR, 1979
Comp., p. 376; E.O. 12148 of July 20, 1979, 44 FR 43239, 3 CFR, 1979
Comp., p. 412, as amended.; E.O. 12127; E.O. 12148; 42 U.S.C. 5201. Sec. 9.4 [Amended]
74. In Sec. 9.4, remove the definitions for ``Associate Director'', ``Director'',
[[Page 15336]]
``Regional Director'', and ``SLPS''; and add in alphabetical order
definitions for ``Administrator'', ``Mitigation Directorate'', and
``Regional Administrator''; and revise the definitions for ``Flood
Hazard Boundary Map (FHBM)'' and ``Flood Insurance Rate Map (FIRM)'' to read as follows:
Sec. 9.4 Definitions.
* * * * *
Administrator means the Administrator of the Federal Emergency Management Agency.
* * * * *
Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) and related erosion areas having special hazards have been designated as Zone A, M, or E.
Flood Insurance Rate Map (FIRM) means an official map of a community on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. FIRMs are also available digitally, and are called Digital Flood Insurance Rate Maps (DFIRM).
* * * * *
Mitigation Directorate means the Mitigation Directorate of the Federal Emergency Management Agency.
* * * * *
Regional Administrator means the Regional Administrator of the
Federal Emergency Management Agency for the Region in which FEMA is
acting, or the Disaster Recovery Manager when one is designated. * * * * *
Sec. 9.5 [Amended]
75. In Sec. 9.5
a. In paragraph (c) introductory text, remove the words ``Regional Directors'' and add, in their place, the words ``Regional
Administrators'';
b. In paragraph (d) introductory text, remove the words ``Regional
Director'' wherever they appear, and add, in their place, the words ``Regional Administrator''.
c. In paragraph (f)(1), remove the word ``SLPS,'' wherever it appears,
and add, in its place, the words ``the Mitigation Directorate'';
d. In paragraph (f)(2), remove the words ``Associate Director, SLPS''
and add, in their place, the words ``Assistant Administrator for Mitigation''; and
e. In paragraph (g) introductory text, remove the words ``Regional
Director'' wherever they appear and add, in their place, the words ``Regional Administrator''.
Sec. 9.7 [Amended]
76. In Sec. 9.7(b) introductory text, (c)(1)(i), (c)(1)(ii),
(c)(1)(iii), (c)(2), and (d)(4), remove the words ``Regional Director''
wherever they appear and add, in their place, the words ``Regional Administrator''.
Sec. 9.10 [Amended]
77. In Sec. 9.10(d) introductory text, remove the words ``Regional Director'' and add, in their place, the words ``Regional
Administrator''.
Sec. 9.11 [Amended]
78. In Sec. 9.11
a. In paragraphs (d)(2), (d)(3)(iv), and (d)(9), remove the words
``Regional Director'' wherever they appear, and add, in their place, the words ``Regional Administrator''; and
b. In paragraph (e)(2)(i), remove the word ``Director'' wherever it
appears, and add, in its place, the word ``Administrator''. Sec. 9.13 [Amended]
79. In Sec. 9.13
a. In paragraphs (d)(3) introductory text and (d)(4) introductory text,
remove the words ``Regional Director'' wherever they appear, and add, in their place, the words ``Regional Administrator''; and
b. In paragraph (e), remove the words ``Associate Director for State
and Local Programs and Support'' and add, in their place the words
``Assistant Administrator for Mitigation''; and remove the words
``Regional Director'' and add, in their place, the words ``Regional Administrator''.
Sec. 9.18 [Amended]
80. In Sec. 9.18
a. In the heading to paragraph (a), in the introductory text to
paragraph (a), and in paragraph (a)(1), remove the words ``Regional
Director'' wherever they appear, and add, in their place, the words
``Regional Administrator''; and remove the words ``Regional Directors''
wherever they appear, and add, in their place, the words ``Regional Administrators'';
b. In paragraph (a)(2), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel'';
c. Revise paragraph (b) to read as follows:
Sec. 9.18 Responsibilities.
* * * * *
(b) The Heads of the Offices, Directorates and Administrations of FEMA shall:
(1) Implement the requirements of the Orders and this regulation.
When a decision of a Regional Administrator relating to disaster
assistance is appealed, the Assistant Administrator for Mitigation may
make determinations under these regulations on behalf of the Agency.
(2) Prepare and submit to the Office of Chief Counsel reports to
the Office of Management and Budget in accordance with section 2(b) of
E.O. 11988 and section 3 of E.O. 11990. If a proposed action is to be
located in a floodplain or wetland, any requests to the Office of
Management and Budget for new authorizations or appropriations shall be
accompanied by a report indicating whether the proposed action is in accord with the Orders and these regulations.
PART 10ENVIRONMENTAL CONSIDERATIONS
81. The authority citation for part 10 continues to read as follows:
Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970,
35 FR 4247, as amended by E.O. 11991 of March 24, 1977, 3 CFR, 1977
Comp., p. 123; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3
CFR, 1978 Comp., p. 329; E.O. 12127 of March 31, 1979, 44 FR 19367,
3 CFR, 1979 Comp., p. 376; E.O. 12148 of July 20, 1979, 44 FR 43239, 3 CFR, 1979 Comp., p. 412, as amended.
Sec. 10.3 [Amended]
82. In Sec. 10.3
a. In paragraph (a), remove the words ``Regional Director'' wherever
they appear, and add, in their place, the words ``Regional Administrator''; and
b. Revise paragraph (c) to read as follows:
Sec. 10.3 Definitions.
* * * * *
(c) Environmental Officer means the Director, Office of
Environmental Planning and Historic Preservation, Mitigation Directorate, or his or her designee.
Sec. 10.5 [Amended]
83. In Sec. 10.5
a. In the heading to paragraph (a), remove the words ``Regional Directors'' and add, in their place, the words ``Regional
Administrators'';
b. In paragraph (a)(1), remove the words ``Office of General Counsel
(OGC)'' and add, in their place, the words ``Office of Chief Counsel (OCC)'';
c. In paragraph (b)(8), remove the word ``Director'' and add, in its place, the word ``Administrator'';
d. In the heading to paragraph (c), remove the words ``The Heads of the
Office and Administrations of FEMA'' and add, in their place, the words
``The Heads of the Offices, Directorates, and Administrations of FEMA''; and
[[Page 15337]]
e. In the heading to paragraph (d), remove the words ``Office of
General Counsel'' and add, in their place, the words ``Office of Chief Counsel''.
Sec. 10.6 [Amended]
84. In Sec. 10.6, remove the words ``Regional Director'' wherever they
appear, and add, in their place the words ``Regional Administrator'';
and remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 10.7 [Amended]
85. In Sec. 10.7(a), (c)(1)(ii), (c)(1)(iii), (c)(2)(i), (c)(2)(v),
and (c)(2)(vi), remove the words ``Regional Director'' wherever they
appear, and add, in their place, the words ``Regional Administrator''. Sec. 10.8 [Amended]
86. In Sec. 10.8
a. In paragraphs (a) introductory text, (b)(1), (b)(3), (d)(4), (d)(5),
(e), (f), and (g), remove the words ``Regional Director'' wherever they
appear, and add, in their place, the words ``Regional Administrator''; and
b. In paragraph (d)(6)(iii)(A), remove the words ``General Counsel'', and add, in their place, the words ``Chief Counsel''.
Sec. 10.9 [Amended]
87. In Sec. 10.9
a. In paragraphs (a), (c) introductory text and (d), remove the words
``Regional Director'' wherever they appear, and add, in their place, the words ``Regional Administrator'';
b. In paragraph (e), remove the words ``Regional Director'' wherever
they appear, and add, in their place, the words ``Regional
Administrator''; and remove the words ``Office of General Counsel
(OGC)'' and add, in their place, the words ``Office of Chief Counsel (OCC)'';
c. In paragraph (f), remove the word ``OGC'' and add, in its place, the
word ``OCC''; and remove the words ``Regional Director'' wherever they
appear, and add, in their place, the words ``Regional Administrator''; and
d. In paragraph (g), remove the words ``Regional Director'' wherever
they appear, and add, in their place, the words ``Regional Administrator''.
Sec. 10.10 [Amended]
88. In Sec. 10.10
a. In paragraphs (a), (b) and (c), remove the words ``Regional
Director'' wherever they appear, and add, in their place, the words ``Regional Administrator''; and
b. In paragraph (d), remove the word ``OGC'' and add, in its place, the
word ``OCC''; and remove the words ``Regional Director'' wherever they
appear, and add, in their place, the words ``Regional Administrator''. Sec. 10.11 [Amended]
89. In Sec. 10.11, remove the words ``Regional Director'' and add, in their place, the words ``Regional Administrator''.
Sec. 10.12 [Amended]
90. In Sec. 10.12(a) introductory text, (b), (c) and (d), remove the
words ``Regional Director'' and add, in their place, the words ``Regional Administrator''.
Sec. 10.13 [Amended]
91. In Sec. 10.13, remove the words ``Regional Director'' wherever
they appear, and add, in their place, the words ``Regional Administrator''.
PART 11CLAIMS
92. The authority citation for part 11 continues to read as follows:
Authority: 31 U.S.C. 3701 et seq.
Sec. 11.1 [Amended]
93. In Sec. 11.1, remove the words ``General Accounting Office'' and
add, in their place, the words ``Government Accountability Office''. Sec. 11.2 [Amended]
94. In Sec. 11.2, remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 11.11 [Amended]
95. In Sec. 11.11
a. In paragraph (b), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''; and
b. In paragraph (c), remove the words ``Director of the FEMA Regional
Office'' and add, in their place, the words ``Administrator of the FEMA Regional Office''.
Sec. 11.15 [Amended]
96. In Sec. 11.15
a. In paragraph (a), remove the words ``General Counsel'' wherever they
appear, and add, in their place, the words ``Chief Counsel''; and
b. In paragraph (b) introductory text, remove the words ``Regional Director'' and add, in their place, the words ``Regional
Administrator''.
Sec. 11.16 [Amended]
97. In Sec. 11.16(b) introductory text, remove the words ``General
Counsel'' and add, in their place, the words ``Chief Counsel''. Sec. 11.17 [Amended]
98. In Sec. 11.17, remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 11.70 [Amended]
99. In Sec. 11.70(a), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 11.72 [Amended]
100. In Sec. 11.72(a), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 11.74 [Amended]
101. In Sec. 11.74(b)(13), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 11.75 [Amended]
102. In Sec. 11.75(d)(2) and (d)(3), remove the words ``General
Counsel'' and add, in their place, the words ``Chief Counsel''. Sec. 11.76 [Amended]
103. In Sec. 11.76(a) introductory text, remove the words ``General
Counsel'' and add, in their place, the words ``Chief Counsel''. Sec. 11.77 [Amended]
104. In Sec. 11.77(a), (b), (c), (d) and (e), remove the words
``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 11.79 [Amended]
105. At the end of Sec. 11.79, remove the parenthetical which reads,
``(Information collection approved by Office of Management and Budget under Control No. 30670167)''.
PART 12ADVISORY COMMITTEES
106. The authority citation for part 12 continues to read as follows:
Authority: Federal Advisory Committee Act, 5 U.S.C. app. 1;
Reorganization Plan No. 3 of 1978; E.O. 12127; E.O. 12148; E.O. 12024.
Sec. 12.2 [Amended]
107. In Sec. 12.2, remove the definition of ``Director'', and add a
new definition for ``Administrator'' in alphabetical order to read as follows:
Sec. 12.2 Definitions.
* * * * *
Administrator means the Administrator of the Federal Emergency Management Agency.
* * * * *
[[Page 15338]]
Sec. 12.4 [Amended]
108. In Sec. 12.4, remove the word ``Director'' and add, in its place,
the word ``Administrator''; and remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 12.5 [Amended]
109. Revise the introductory text of Sec. 12.5(a) to read as follows: Sec. 12.5 Advisory committee management officer.
(a) The Director, Records Management Division, Office of Management
serves as FEMA's advisory committee management officer and shall: * * * * *
Sec. 12.6 [Amended]
110. In Sec. 12.6(a)(2), remove the word ``Director'' and add, in its place, the word ``Administrator''.
Sec. 12.9 [Amended]
111. In Sec. 12.9
a. In paragraphs (a), (b), (c), and (d), remove the word ``Director''
wherever it appears, and add, in its place, the word ``Administrator'';
b. In paragraphs (c) and (d), remove the word ``Director's'' wherever
it appears, and add, in its place, the word ``Administrator's''; and
c. In paragraph (d), remove the words ``General Counsel'' and add, in their place, the words ``Chief Counsel''.
Sec. 12.11 [Amended]
112. In Sec. 12.11(d), remove the words ``Public Affairs'' and add, in their place, the words ``External Affairs''.
Sec. 12.18 [Amended]
113. In Sec. 12.18(a) and (b), remove the word ``Director'' wherever
it appears, and add, in its place, the word ``Administrator''. Sec. 12.19 [Amended]
114. In Sec. 12.19(a), remove the words ``Comptroller, FEMA'' and add, in their place, the words ``Chief Financial Officer''.
PART 13UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
115. The authority citation for part 13 continues to read as follows:
Authority: Reorganization Plan No. 3 of 1978; 13 FR 41943, 3
CFR, 1978 Comp., p. 329; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412.
Sec. 13.26 [Amended]
116. In Sec. 13.26
a. In paragraph (a) after the words ``(31 U.S.C. 75017507)'', add the
words ``; 31 U.S.C. 503, 1111; Executive Order 8248; Executive Order 11541;''; and
b. In paragraph (b) introductory text, remove the number ``$300,000'' and add, in its place, the number ``$500,000''.
PART 14[REMOVED AND RESERVED]
117. Remove and reserve part 14, consisting of Sec. Sec. 14.1 and 14.2, and appendix A to part 14.
PART 15CONDUCT AT THE MT. WEATHER EMERGENCY ASSISTANCE CENTER AND AT THE NATIONAL EMERGENCY TRAINING CENTER
118. The authority citation for part 15 continues to read as follows:
Authority: 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; E.O. 12148, 44 FR 13239, 3 CFR, 1979 Comp.,
p. 412; Federal Fire Prevention and Control Act of 1974, 15 U.S.C.
2201 et seq.; delegation of authority from the Administrator of
General Services, dated July 18, 1979; Pub. L. 80566, approved June 1, 1948, 40 U.S.C. 318318d; and the Federal Property and
Administrative Services Act of 1949, 40 U.S.C. 271 et seq.
Sec. 15.1 [Amended]
119. In Sec. 15.1, remove the words ``Mt. Weather Emergency Assistance
Center'' and add, in their place, the words ``Mt. Weather Emergency Operations Center''.
Sec. 15.2 [Amended]
120. In Sec. 15.2, remove the definitions for ``Director'' and
``Senior Resident Manager''; and revise the definition for
``Administrator'' and ``Mt. Weather''; and add new definitions for
``Assistant Administrator'', and ``Mt. Weather Executive Director'' in alphabetical order to read as follows:
Sec. 15.2 Definitions.
* * * * *
Administrator means the Administrator of the Federal Emergency Management Agency.
Assistant Administrator means the Assistant Administrator, United States Fire Administration, FEMA.
* * * * *
Mt. Weather means the Mt. Weather Emergency Operations Center, Bluemont, Virginia.
Mt. Weather Executive Director means the Executive Director of the Mt. Weather Emergency Operations Center.
* * * * *
Sec. 15.3 [Amended]
121. In Sec. 15.3, remove the words ``Director or the Senior Resident
Manager'' wherever they appear, and add, in their place, the words ``Administrator or the Mt. Weather Executive Director''.
Sec. 15.9 [Amended]
122. In Sec. 15.9
a. In paragraph (d), remove the word ``Director'' and add, in its
place, the words ``Assistant Administrator''; and remove the words
``Senior Resident Manager'' and add, in their place, the words ``Mt. Weather Executive Director'';
b. In paragraph (e)(1), remove the word ``Director'' and add, in its
place, the word ``Administrator''; and remove the words ``Senior
Resident Manager'' and add, in their place, the words ``Mt. Weather Executive Director''; and
c. In paragraph (e)(2), remove the words ``Student Center at the NETC''
and add, in their place, the words ``NETC Recreation Association'';
remove the word ``Director'' and add, in its place, the words
``Assistant Administrator for the United States Fire Administration''. Sec. 15.10 [Amended]
123. In Sec. 15.10
a. In paragraph (a), remove the words ``Director for either facility''
and add, in their place, the words ``Assistant Administrator for the
United States Fire Administration''; and remove the words ``Senior
Resident Manager'' and add, in their place, the words ``Mt. Weather Executive Director''; and
b. In paragraph (b)(1), remove the word ``Director'' and add, in its
place, the word ``Administrator'' ; remove the words ``Senior Resident
Manager'' and add, in their place, the words ``Mt. Weather Executive
Director''; remove the words ``Administrator for the NETC'' and add, in
their place, the words ``Assistant Administrator for the United States Fire Administration''.
Sec. 15.11 [Amended]
124. In Sec. 15.11, remove the words ``Senior Resident Manager'' and
add, in their place, the words ``Mt. Weather Executive Director'';
remove the word ``Director'' and add, in its place, the word
``Administrator''; and remove the words ``Administrator for the NETC''
and add, in their place, the words ``Deputy Assistant Administrator for the United States Fire Administration''.
Sec. 15.12 [Amended]
125. In Sec. 15.12
a. In paragraph (a), remove the words ``Director or the Senior Resident [[Page 15339]]
Manager'' and add, in their place, the words ``Administrator or Mt. Weather Executive Director''; and
b. In paragraph (b)(2), remove the words ``Assistant Administrator,
Management Operations and Student Support, United States Fire
Administration'' and add, in their place, the words ``Director of
Management Operations and Systems Support, United States Fire Administration''.
Sec. 15.14 [Amended]
126. In Sec. 15.14(d), remove the words ``Dir
FOR FURTHER INFORMATION CONTACT
Erin McMunigal, Assistant Chief Counsel for Regulation and Policy, Federal Emergency Management Agency, 500 C Street, SW., Washington DC 20472, (phone) (202) 6464097, (facsimile) (202) 6464596, or (email) Erin.McMunigal@dhs.gov.