United States · regulation · 44 CFR · 906 active provisions
(a) This part contains FEMA's procedures for informal rulemaking under the Administrative Procedure Act (5 U.S.C. 553) that affect the public. (b) This part does not apply to rules issued in accordance with the formal rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 556, 557).
(a) Rule or regulation have the same meaning as those terms are defined in the Administrative Procedure Act (5 U.S.C. 551(4)). (b) Rulemaking means the FEMA process for considering and formulating the issuance, amendment, or repeal of a rule. (c) Administrator means the Administrator, FEMA, or an official to whom the A…
(a) It is the general policy of FEMA to provide for public participation in rulemaking regarding its programs and functions, including matters that relate to public property, loans, grants, or benefits, or contracts, even though these matters are not subject to a requirement for notice and public comment rulemaking by…
(a) FEMA maintains a public docket for each rulemaking after it is published in the Federal Register and until the rulemaking is closed and archived at the National Archives and Records Administration. The public docket includes every document published in the Federal Register in conjunction with a rulemaking. It also…
A member of the public may submit comments via mail or courier to the Regulatory Affairs Division, Office of Chief Counsel, Federal Emergency Management Agency, 500 C St. SW, Washington, DC 20472, or may submit comments electronically to the rulemaking docket at www.regulations.gov under the applicable docket ID.
(a) All oral or written communications from outside the Federal Executive branch of significant information and argument respecting the merits of a rulemaking document, received after publication of a notice of proposed rulemaking, by FEMA or its offices and divisions or their personnel participating in the decision, m…
(a) When FEMA affords an opportunity for oral presentation, the hearing is an informal, non-adversarial, fact-finding proceeding. Any rulemaking issued in a proceeding under this part in which a hearing is held need not be based exclusively on the record of such hearing. (b) When such a hearing is provided, the Adminis…
(a) Any interested person may petition the Administrator for the issuance, amendment, or repeal of a rule. For purposes of this section, the term person includes any member of the public and any entity outside the Federal Executive branch of Government. Each petitioner must: (1) Submit the petition to the Regulatory Af…
Petitions for reconsideration of a final rule will not be considered. Such petitions, if filed, will be treated as petitions for rulemaking in accordance with § 1.8.
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…
(a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968 and section 204 of the Demonstration…
Administrator means the Administrator of FEMA or an official or employee of FEMA acting for the Administrator of FEMA under a delegation of authority. FEMA means the Federal Emergency Management Agency. Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled “Intergovernmental Revi…
The Administrator publishes in the Federal Register a list of FEMA's programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act.
The Administrator, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and FEMA regarding programs and activities covered under these regulations.
(a) A State may select any program or activity published in the Federal Register in accordance with § 4.3 of this part for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected officials. (b) Each State that adopts a process shall notify…
(a) For those programs and activities covered by a state process under § 4.6, the Administrator, to the extent permitted by law: (1) Uses the state process to determine views of State and local elected officials; and, (2) Communicates with State and local elected officials, through the state process, as early in a prog…
(a) Except in unusual circumstances, the Administrator gives state processes or directly affected State, areawide, regional and local officials and entities at least 60 days from the date established by the Administrator to comment on proposed direct Federal development or Federal financial assistance. (b) This section…
(a) The Administrator follows the procedures in § 4.10 if: (1) A State office or official is designated to act as a single point of contact between a state process and all Federal agencies, and (2) That office or official transmits a state process recommendation for a program selected under § 4.6. (b)(1) The single poi…
(a) If a state process provides a state process recommendation to FEMA through its single point of contact, the Administrator either: (1) Accepts the recommendation; (2) Reaches a mutually agreeable solution with the state process; or (3) Provides the single point of contact with such written explanation of the decisio…
(a) The Administrator is responsible for: (1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select FEMA's program or activity; (3) Making efforts…
(a) As used in this section: (1) Simplify means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan. (2) Consolidate means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and that the State…
In an emergency, the Administrator may waive any provision of these regulations.
(a) This subpart sets forth policies and procedures with respect to the disclosure or production by FEMA employees, in response to a subpoena, order or other demand of a court or other authority, of any material contained in the files of the Agency or any information relating to material contained in the files of the A…
(a) It is the policy of FEMA to make its records available to private litigants to the same extent and in the same manner as such records are made available to members of the general public, except where protected from disclosure by litigation procedural authority (e.g., Federal Rules of Civil Procedure) or other appli…
For purposes of this subpart, the following terms have the meanings ascribed to them in this section: (a) Demand refers to a subpoena, order, or other demand of a court of competent jurisdiction, or other specific authority (e.g., an administrative or State legislative body), signed by the presiding officer, for the pr…