Update of FEMA’s Public Assistance and Fire Management Assistance Grant Regulations To Reflect the Terminology of Uniform Administrative…
Update of
Final rule.
CFR Part: "44 CFR Parts 204, 206, and 207"
RIN Number: "RIN 1660-AA89"
Citation: "82 FR 40"
Document Number: "Docket ID:
Page Number: "40"
"Rules and Regulations"
SUMMARY: The
EFFECTIVE DATE: Effective
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Stafford Act), Title 42 of the United States Code (U.S.C.) 5121 et seq., authorizes the President to provide Federal assistance when the magnitude of an incident or threatened incident exceeds the affected State, Territorial, Indian Tribal, and local government capabilities to respond or recover.
Fire Management Assistance is available to States, local and tribal governments, for the mitigation, management, and control of fires on publicly or privately owned forests or grasslands, which threaten such destruction as would constitute a major disaster. FEMA Regional Administrators (RAs) have the authority to issue Fire Management Assistance Grant (FMAG) declarations for wildfires that threaten such destruction that would constitute a major disaster. The regulations governing the FMAG program are found at 44 CFR part 204.
The Office of Management and Budget (OMB) establishes Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, found at 2 CFR part 200. These regulations apply to awards under
II. The Adoption of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
On
In the interim final rule,
FEMA adopted the interim final rule as final, with one change, on
III. Revisions to 44 CFR Parts 204 and 206
In this final rule,
FOOTNOTE 1
FEMA is not making substantive revisions to the current definitions for the terms "grantee" and "subgrantee." The Uniform Guidance provides that "[d]ifferent definitions [of the terms "recipient" and "subrecipient," among other terms] may be found in Federal statutes or regulations that apply more specifically to particular programs or activities." 2 CFR 200.1. As such, although
FOOTNOTE 2 Because FEMA is replacing the terms in existing definitions, we are redesignating the paragraphs in
FEMA is also replacing remaining references to 44 CFR part 13 with references to 2 CFR part 200. This is a technical change to correct citations that were not updated by the
IV. Revisions to 44 CFR Part 207
The regulations at 44 CFR part 207, "Management Costs," apply to Public Assistance and Hazard Mitigation Grant Program (HMGP) awards. To ensure consistency with the terminology used in both Public Assistance and HMGP regulations,
This rule makes technical and nomenclature changes intended to reduce confusion and encourage the use of consistent terminology in the administration of Public Assistance and FMAG awards.
V. Regulatory Analyses
A. Administrative Procedure Act
FEMA did not undertake notice and comment for this regulation because it is making purely technical and non-substantive terminology changes. The Administrative Procedure Act (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. 5 U.S.C. 553(b).
B. Executive Order 12866, as Amended, Regulatory Planning and Review; Executive Order 13563, Improving Regulation and Regulatory Review
Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a "significant regulatory action," under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, as amended, (5 U.S.C. 601-612), agencies must consider the impact of their rulemakings on "small entities" (small businesses, small organizations and local governments) when issuing a notice of proposed rulemaking. As
List of Subjects
44 CFR Part 204
Administrative practice and procedure, Fire prevention, Grant programs, and 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, and Reporting and recordkeeping requirements.
44 CFR Part 207
Administrative practice and procedure, Disaster assistance, Grant programs, and Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, and under the authorities listed below, the
PART 204--FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM
1. The authority citation for part 204 continues to read as follows:
Authority: 42 U.S.C. 5121 through 5207; 6 U.S.C.
2. In
a. Revise the defined term "Grantee" to read " Recipient" and place the definition in appropriate alphabetical order;
b. Revise the defined term "Subgrantee" to read " Subrecipient" and place the definition in appropriate alphabetical order;
c. Remove the word "Grantee" wherever it appears and add in its place the word "recipient";
d. Remove the word "grantee" wherever it appears and add in its place the word "recipient"; and
e. Remove the word "subgrantee" wherever it appears and add in its place the word "subrecipient".
3. In
4. In
5. In
6. In
7. In
8. In
9. In
10. In
a. In the introductory text, remove the word "subgrantee" and add in its place the word "subrecipient" and remove the word "grantee" and add in its place the word "recipient";
b. In paragraph (a), remove the words "grantee-related" and add in their place the words "recipient-related", remove the word "grantee" wherever it appears and add in its place the word "recipient", and remove the word "subgrantee" wherever it appears and add in its place the word "subrecipient";
c. In paragraph (c)(2), remove the word "subgrantee" and add in its place the word "subrecipient" and in paragraph (c)(3), remove the word "grantee" wherever it appears and add in its place the word "recipient"; and
d. In paragraph (d), remove the word "grantee" and add in its place the word "recipient".
11. In
12. In
13. In
PART 206--FEDERAL DISASTER ASSISTANCE
14. The authority citation for part 206 continues to read as follows:
Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act of 2002, 6 U.S.C.
15. In
16. In
17. In
a. In paragraph (a), remove the word "Grantee" and add in its place the word "recipient";
b. Remove paragraph (e);
c. Redesignate paragraph (e) as paragraph (m); and redesignate paragraphs (f) through (m) as paragraphs (e) through (l);
d. In newly redesignated paragraph (l), remove the word "Grantee" and add in its place the word "recipient";
e. Add new paragraph (m);
f. In paragraph (n), remove the word "grantee" and add in its place the word "recipient"; and remove the word "subgrantee" and add in its place the word "subrecipient"; and
g. Revise the paragraph (o) heading to read "Subrecipient" and in paragraph (o), remove the word "grantee" and add in its place the word "recipient".
The addition reads as follows:
* * * * *
(m) Recipient. Recipient means the government to which a grant is awarded, and which is accountable for the use of the funds provided. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Generally, except as provided in
* * * * *
18. In
a. In paragraph (a), remove the word "Grantee" wherever it appears and add in its place the word "recipient";
b. In the paragraph (b) heading, remove the word "Grantee" and add in its place the word "Recipient";
c. In paragraph (b)(1), remove the word "subgrantees" and add in its place the word "subrecipients";
d. In paragraphs (c) and (e), remove the word "Grantee" wherever it appears and add in its place the word "recipient";
e. In paragraph (f)(1)(i), remove the word "grantee" and add in its place the word "recipient"; and
f. In paragraph (f)(2), remove the word "Grantees" and add in its place the word "recipient", remove the word "grantee's" and add in its place the word "recipient's", and remove the word "subgrantee's" and add in its place the word "subrecipient's".
19. In
a. In paragraph (c)(1), remove the word "grantee" and add in its place the word "recipient";
b. In paragraph (d)(1), remove the word "subgrantee" and add in its place the word "subrecipient"; and remove the word "Grantee's" and add in its place the word "recipient's";
c. In paragraph (d)(2) introductory text, remove the word "subgrantee" and add in its place the word "subrecipient" and remove the word "Grantee" and add in its place the word "recipient"; and
d. In paragraph (d)(2)(v), remove the word "Grantee" wherever it appears and add in its place the word "recipient".
20. In
a. In paragraph (c)(2), remove the word "Grantee" wherever it appears and add in its place the word "recipient" and in paragraph (c)(2)(ii), remove the word "subgrantee" and add in its place the word "subrecipient";
b. In paragraph (d) introductory text, remove the word "Grantee's" and add in its place the word "recipient's" and remove the word "Grantee" and add in its place the word "recipient";
c. In paragraph (d)(2), remove the word "Grantee" and add in its place the word "recipient"; and remove the word "grantee" and add in its place the word "recipient";
d. In paragraph (e), remove the word "subgrantee" wherever it appears and add in its place the word "subrecipient";
e. In paragraph (e)(2), remove the word "Grantee" wherever it appears and add in its place the word "recipient"; and
f. In paragraph (f), remove the word "Grantee" wherever it appears and add in its place the word "recipient" and remove the word "grantee" and add in its place the word "recipient".
21. In
22. In
a. In the introductory text and paragraphs (a), (c), and (d), remove the word "grantee" wherever it appears, and add in its place the word "recipient"; and remove the word "subgrantee" wherever it appears and add in its place the word "subrecipient"; and
b. In paragraph (a), remove the words "grantee-related" and add in their place the words "recipient-related".
23. In
a. In paragraph (b)(1)(iii)(D), remove the word "subgrantees" and add in its place the word "subrecipients";
b. In paragraph (b)(1)(iii)(F), remove the word "grantee" and add in its place the word "recipient";
c. In paragraph (b)(1)(iii)(K), remove the word "grantee" and add in its place the word "recipient", remove the word "subgrantees" and add in its place the word "subrecipients", and remove the word "subgrantee" and add in its place the word "subrecipient";
d. In paragraph (b)(2), remove the word "Grantee" and add in its place the word "recipient";
e. In paragraph (b)(3) and (4), remove the word "Grantee" wherever it appears and add in its place the word "recipient"; and
f. In paragraph (c)(1), remove the word "grantees" and add in its place the word "recipients" and remove the word "subgrantees" and add in its place the word "subrecipients".
24. In
25. In
a. In paragraph (b) introductory text, remove the word "subgrantee" and add in its place the word "subrecipient";
b. In paragraphs (e), (f), and (i)(2), remove the word "Grantee" wherever it appears and add in its place the word "recipient"; and
c. In paragraph (e)(3), remove the word "Grantee's" and add in its place the word "recipient's".
26. In
a. In paragraph (a), remove the word "subgrantee" and add in its place the word "subrecipient";
b. In paragraph (b), remove the definition of "Grantee" and add a definition for "Recipient" in alphabetical order;
c. In paragraph (b), remove the word "grantee" wherever it appears and add in its place the word "recipient";
d. In paragraphs (f), (g), (h)(1)(i) and (ii), (h)(2)(iii), and (h)(3), remove the word "grantee" wherever it appears and add in its place the word "recipient";
e. In the paragraph (h)(1) heading, remove the word " Grantee" and add in its place the word " Recipient"; and
f. In paragraph (h)(1)(i), remove the word "grantee's" and add in its place the word "recipient's".
The addition reads as follows:
* * * * *
(b) * * *
Recipient is used throughout this regulation text and it refers to the definition in
* * * * *
27. In
28. In
a. In paragraph (a)(2), remove the word "grantees" and add in its place the word "recipients";
b. In paragraph (b), remove the word "grantee" and add in its place the word "recipient"; and
c. In paragraph (f)(2), remove the words "paragraph (d)(1)" and add, in their place, the words "paragraph (f)(1)".
29. In
a. In the introductory text, remove the words "44 CFR 13.22" and add in their place the words "2 CFR 200, subpart E" and remove the words "44 CFR 13.4 and 13.6" and add in their place the words "2 CFR 200, subpart E and 2 CFR 200.102"; and
b. In paragraphs (a)(2) introductory text and (a)(2)(ii), remove the word "grantee's" wherever it appears and add in its place the word "recipient's" and remove the word "subgrantee's" wherever it appears and add in its place the word "subrecipient's".
30. In
31. In
a. In paragraph (c), remove the word "Grantee" and add in its place the word "recipient" and remove the word "grantee" and add in its place the word "recipient"; and
b. In paragraph (d), remove the word "grantee" and add in its place the word "recipient" and remove the word "subgrantee" and add in its place the word "subrecipient".
32. In
a. In paragraphs (a), (c), and (e), remove the word "Grantee" wherever it appears and add in its place the word "recipient"; and
b. In paragraphs (b)(1) and (c), remove the word "grantee" wherever it appears and add in its place the word "recipient".
PART 207--MANAGEMENT COSTS
33. The authority citation for part 207 continues to read as follows:
Authority:
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; 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.
34. In
a. Revise the defined term "Grantee" to read " Grantee (alternatively, Recipient)"; and
b. Revise the defined term "Subgrantee" to read " Subgrantee (alternatively, Subrecipient)".
Dated:
Administrator,
[FR Doc. 2016-31380 Filed 12-30-16;
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