Flood insurance; communities eligible for sale: assisted programs; discrimination complaints filing deadline extension,

[Federal Register: July 16, 1999 (Volume 64, Number 136)]

[Rules and Regulations]

[Page 38308-38309]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16jy99-13]

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 7

RIN 3067-AC99

Extension of Filing Date for Discrimination Complaints

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: This final rule amends our (FEMA) regulation on nondiscrimination in federally assisted programs by extending the filing deadline for discrimination complaints from 90 to 180 days from the alleged discriminatory act. This amendment will make our regulation comparable to the Title VI rules of other Federal agencies, and to the filing deadline in our own rule for federally conducted programs.

EFFECTIVE DATE: This rule is effective August 16, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Alan Clive, Civil Rights Program Manager, Office of Equal Rights, Federal Emergency Management Agency, 500 C Street SW., room 407, Washington DC 20472; telephone: (202) 646- 3957, or (email) alan.clive@fema.gov.

SUPPLEMENTARY INFORMATION: This final rule amends our (FEMA) regulation on nondiscrimination in federally assisted programs by extending the filing deadline for discrimination complaints from 90 to 180 days from the alleged discriminatory act. This amendment will make our regulation comparable to the rules of other Federal agencies under Title VI of the Civil Rights Act of 1964 and to the filing deadline for federally conducted programs to provide aggrieved parties additional time to file their complaints.

Administrative Procedure Act Determination

FEMA is publishing this final rule without opportunity for prior public comment under the Administrative Procedure Act, 5 U.S.C. 553. This final rule is a rule of agency procedure or practice that is excepted from the prior public comment requirements of Sec. 553(b). The rule makes nonsubstantive, nonsignificant changes to 44 CFR part 7 by extending the time for filing discrimination complaints from 90 to 180 days from the alleged discriminatory act.

Executive Order 12866, Regulatory Planning and Review

This final rule is not a significant regulatory action within the meaning of Sec. 2(f) of E.O. 12866 of September 30, 1993, 58 FR 51735, but attempts to adhere to the regulatory principles set forth in E.O. 12866. The Office of Management and Budget has not reviewed this rule under E.O. 12866.

Regulatory Flexibility Act

I certify that this rule is not a major rule under Executive Order 12291. It will not have significant impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, and is not expected (1)

[[Page 38309]]

to affect adversely the availability of disaster assistance funding to small entities, (2) to have significant secondary or incidental effects on a substantial number of small entities, or (3) to create any additional burden on small entities. We have not prepared a regulatory flexibility analysis of this rule.

Paperwork Reduction Act

This final rule does not contain a collection of information and therefore is not subject to the provisions of the Paperwork Reduction Act of 1995.

Congressional Review of Agency Rulemaking

We have sent this final rule to the Congress and to the General Accounting Office under the Congressional Review of Agency Rulemaking Act, Public Law 104-121. The rule is not a ``major rule'' within the meaning of that Act. It is an administrative action in support of normal day-to-day activities. It does not result in nor is it likely to result in an annual effect on the economy of $100,000,000 or more; 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; and it will not 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. This final rule is exempt (1) from the requirements of the Regulatory Flexibility Act, and (2) from the Paperwork Reduction Act. The rule is not an unfunded Federal mandate within the meaning of the Unfunded Mandates Reform Act of 1995, Public Law 104-4. It does not meet the $100,000,000 threshold of that Act, and any enforceable duties are imposed as a condition of Federal assistance or a duty arising from participation in a voluntary Federal program.

List of Subjects in 44 CFR Part 7

Civil rights.

Accordingly, we amend 44 CFR part 7 as follows:

PART 7--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

1. 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 d-1; 42 U.S.C. 1855-1885g; 50 U.S.C. 404.

2. We revise Sec. 7.11(b) to read as follows:

   Sec. 7.11 Conduct of investigations.

   * * * * *

   (b) Complaints. Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this regulation may by himself or by a representative file a written complaint with the National Headquarters or any Regional Office of the Federal Emergency Management Agency. A complaint must be filednot later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible agency official or his designee. * * * * *

   Dated: July 12, 1999. James L. Witt, Director.

   [FR Doc. 99-18179Filed7-15-99; 8:45 am]

   BILLING CODE 6718-01-P