Revisions to Publication Requirements for Community Eligibility Status Information Under the National Flood Insurance Program

Published date30 October 2020
Citation85 FR 68782
Record Number2020-23970
SectionRules and Regulations
CourtFederal Emergency Management Agency
68782
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§ 170.505 Requirements during
applications to protect handlers, workers,
and other persons.
* * * * *
(b) Suspending applications. (1) Any
handler performing a pesticide
application must immediately suspend
the pesticide application if any worker
or other person is in an application
exclusion zone described in
§ 170.405(a)(1) that is within the
boundaries of the agricultural
establishment or the area specified in
column B of the Table in
§ 170.405(b)(4), except for:
(i) Appropriately trained and
equipped handlers involved in the
application,
(ii) Persons not employed by the
establishment in an area subject to an
easement that prevents the agricultural
employer from temporarily excluding
those persons from that area, and
(iii) The owner(s) of the agricultural
establishment and members of their
immediate families who remain inside
closed buildings, housing, or shelters on
the establishment, provided that the
handlers have been expressly instructed
by the owner(s) of the agricultural
establishment that only immediate
family members remain inside those
closed buildings, housing, or shelters
and that the application should proceed
despite the presence of the owner(s) or
their immediate family members inside
those closed buildings, housing, or
shelters.
(2) A handler must not resume a
suspended pesticide application while
any workers or other persons remain in
an application exclusion zone described
in § 170.405(a)(1) that is within the
boundaries of the agricultural
establishment or the area specified in
column B of the Table in
§ 170.405(b)(4), except for:
(i) Appropriately trained and
equipped handlers involved in the
application,
(ii) Persons not employed by the
establishment in an area subject to an
easement that prevents the agricultural
employer from temporarily excluding
those persons from that area, and
(iii) The owner(s) of the agricultural
establishment and members of their
immediate families who remain inside
closed buildings, housing, or shelters on
the establishment, provided that the
handlers have been expressly instructed
by the owner(s) of the agricultural
establishment that only immediate
family members remain inside those
closed buildings, housing, or shelters
and that the application should proceed
despite the presence of the owner(s) or
their immediate family members inside
those closed buildings, housing, or
shelters.
* * * * *
6. Amend § 170.601 by revising
paragraph (a)(1) to read as follows:
§ 170.601 Exemptions.
(a) * * *
(1) On any agricultural establishment
where a majority of the establishment is
owned by one or more members of the
same immediate family, the owner(s) of
the establishment (and, where specified
below, certain handlers) are not
required to provide the protections of
the following provisions to themselves
or members of their immediate family
when they are performing handling
activities or tasks related to the
production of agricultural plants that
would otherwise be covered by this part
on their own agricultural establishment.
(i) Section 170.309(c).
(ii) Section 170.309(f) through (j).
(iii) Section 170.311.
(iv) Section 170.401.
(v) Section 170.403.
(vi) Sections 170.405(a)(2) and
170.505(b), but only in regard to
owner(s) of the establishment and their
immediate family members who remain
inside closed buildings, housing, or
shelters on the establishment. This
exception also applies to handlers
(regardless of whether they are
immediate family members) who have
been expressly instructed by the
owner(s) of the establishment that:
(A) Only the owner(s) or their
immediate family members remain
inside the closed building, housing, or
shelter on the establishment, and
(B) The application should proceed
despite the presence of the owner(s) or
their immediate family members
remaining inside the closed buildings,
housing, or shelters on the
establishment.
(vii) Section 170.409.
(viii) Sections 170.411 and 170.509.
(ix) Section 170.501.
(x) Section 170.503.
(xi) Section 170.505(c) and (d).
(xii) Section 170.507(c) through (e).
(xiii) Section 170.605(a) through (c),
and (e) through (j).
* * * * *
[FR Doc. 2020–23411 Filed 10–29–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Parts 59 and 64
[Docket ID FEMA–2019–0016]
RIN 1660–AA92
Revisions to Publication Requirements
for Community Eligibility Status
Information Under the National Flood
Insurance Program
AGENCY
: Federal Emergency
Management Agency, DHS.
ACTION
: Final rule.
SUMMARY
: This final rule modernizes
regulations regarding publication
requirements of community eligibility
status information under the National
Flood Insurance Program (NFIP). FEMA
is replacing outdated regulations that
require publication of community loss
of eligibility notices in the Federal
Register with a requirement that FEMA
publish this information on the internet
or by another comparable method.
FEMA is also replacing its requirement
that the agency maintain a list of
communities eligible for flood insurance
in the Code of Federal Regulations with
a requirement that FEMA publish this
list on the internet or by another
comparable method.
DATES
: This rule is effective December 2,
2020.
ADDRESSES
: The docket for this
rulemaking is available for inspection
using the Federal eRulemaking Portal at
http://www.regulations.gov and can be
viewed by following that website’s
instructions.
FOR FURTHER INFORMATION CONTACT
:
Adrienne Sheldon, Supervisory
Emergency Management Specialist,
Floodplain Management Division,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 400 C Street SW,
Washington, DC 20472,
adriennel.sheldon@fema.dhs.gov, (202)
674–1087.
SUPPLEMENTARY INFORMATION
:
I. Background and Discussion of the
Rule
The National Flood Insurance Act of
1968, as amended (NFIA), Title 42 of the
United States Code (U.S.C.) 4001 et seq.,
authorizes the Administrator of FEMA
to establish and carry out the National
Flood Insurance Program (NFIP) to
enable interested persons to purchase
insurance against loss resulting from
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1
See 42 U.S.C. 4011(a).
2
See 42 U.S.C. 4022(a)(1).
3
See 42 U.S.C. 4102(c).
4
42 U.S.C. 4102.
5
42 U.S.C. 4012.
physical damage to or loss of property
arising from floods in the United
States.
1
Under the NFIA, FEMA may
only grant flood insurance to properties
within communities that have adopted
and that enforce adequate land use and
control measures that regulate
floodplains.
2
The statute authorizes
FEMA to develop land use criteria
consistent with requirements laid out in
the NFIA and to encourage the adoption
and enforcement of State and local
measures implementing those criteria.
3
FEMA floodplain management
regulations governing community
eligibility for participation in the NFIP
are located at 44 CFR parts 59, 60, and
64.
FEMA regulations at 44 CFR 60.3,
60.4, and 60.5 contain land use
measures for floodplain management. If
a community fails to demonstrate to
FEMA that it meets these requirements,
or decided to withdraw from the NFIP,
FEMA may initiate probation,
suspension, or withdrawal procedures
as described in 44 CFR 59.24. In the
case of a loss of eligibility, for instance
if a community is suspended for failing
to enforce its floodplain regulations,
FEMA notifies the community of the
upcoming loss directly and gives the
community an opportunity to correct
the deficiency that triggered the
procedures. In cases of loss of eligibility,
FEMA publishes a notice of the
upcoming loss of eligibility in the
Federal Register as required by 44 CFR
59.24.
NFIP regulations at 44 CFR 64.6
provide a list of communities where the
sale of flood insurance under the NFIP
is authorized as set forth in Subpart B,
‘‘Eligibility Requirements,’’ to part 59 of
the regulations. Due to the large number
of communities eligible for flood
insurance and the relative frequency to
changes to community eligibility,
maintaining a list of communities in
FEMA’s regulations is not feasible;
however, FEMA meets this requirement
by publishing the updated list of
communities through periodic final
rules in the Federal Register. FEMA last
published an updated list in the Federal
Register in August 2006.
On February 12, 2020, FEMA
published a Notice of Proposed
Rulemaking (NPRM) (85 FR 7902)
proposing to make two changes to its
regulations regarding publication
requirements of community eligibility
status information under the NFIP. The
NPRM proposed to replace outdated
regulations that require publication of
community loss of eligibility notices in
the Federal Register with a requirement
that FEMA publish the information on
the internet or other comparable
method. The NPRM also proposed to
replace the requirement that the agency
maintain a list of communities eligible
for flood insurance in the Code of
Federal Regulations (CFR) with a
requirement that FEMA publish this list
on the internet or other comparable
method. The NPRM explained FEMA
would transition to the new form of
publication by first publishing brief
notices monthly in the Federal Register
for six months after the effective date of
the final rule.
The NPRM solicited public comment
on these proposed changes. FEMA
received six comments related to the
rulemaking. In this final rule, FEMA
adopts the changes it proposed in the
NPRM, with clarifications in
consideration of the related comments.
FEMA describes these changes below.
II. Summary and Discussion of Public
Comments
Of the six comments FEMA received
related to this rulemaking, five were
generally in support of the proposed
changes in the NPRM and one was
neutral. Three members of the public
[FEMA–2019–0016–0003, FEMA–2019–
1660–0007, and FEMA–2019–0016–
0002] expressed their support for the
rule generally. One member of the
public [FEMA–2019–0016–0003] stated
she was supportive of the move to an
online notification process and also of
the proposed transition period in the
NPRM while another member of the
public [FEMA–2019–1660–0007]
expressed support for the changes and
noted that the NRPM aligned with OMB
M–19–21 regarding a transition to
electronic records and other such
Federal Government initiatives. A third
member of the public [FEMA–2019–
0016–0002] expressed general support
for the changes. The Association of State
Floodplain Managers (ASFPM) [FEMA–
2016–0016–0006] expressed support for
the changes, as did the Massachusetts
Department of Conservation and
Recreation [FEMA–2019–1600–0004].
A. The Community Status Book (CSB)
Three commenters provided feedback
on the use of the CSB. One anonymous
commenter [FEMA–2019–0016–0005]
stated a need to include communities
that are not mapped in a Special Flood
Hazard Area (SFHA) and not
participating in the NFIP in the CSB.
The commenter opined that the absence
of these communities from the list of
communities not participating in the
NFIP created confusion for everyday
users and required them to reach out to
additional resources which undermines
the cost savings proposed in the rule.
FEMA respectfully disagrees with the
commenter. The statute requires FEMA
to develop minimum floodplain
management criteria to ‘‘(1) constrict the
development of land which is exposed
to flood damage where appropriate, (2)
guide the development of proposed
construction away from locations which
are threatened by flood hazards, (3)
assist in reducing damage caused by
floods, and (4) otherwise improve the
long-range land management and use of
flood-prone areas.’’
4
FEMA is required
to focus NFIP floodplain management
efforts on communities with flood-prone
or special flood hazard areas. Consistent
with the statutory requirement, the CSB
provides a list of those communities
participating in the NFIP and those
communities not participating in the
NFIP when those communities are in a
currently mapped flood risk area. Some
communities that do not have special
flood hazard areas may still participate
in the NFIP. The statutory language
allows any state or area (or subdivision
thereof) to participate if they have
expressed an interest in participating
and have adopted the required land use
and control measures ‘‘consistent with
the comprehensive criteria for land
management and use’’ required by the
statute and regulatory framework.
5
Such
participation is voluntary and those
communities are captured in the CSB as
participating communities. It would be
impractical and inappropriate for FEMA
to include communities that are not in
special flood hazard areas that are not
participating in the NFIP program in the
CSB. Including those communities in
the CSB would not be consistent with
its purpose—to provide the status of
those communities participating in the
NFIP. ASFPM [FEMA–2019–0016–0006]
requested that FEMA develop a second
tool to compare to the CSB to determine
which communities are eligible,
providing a mechanism for users to find
communities not otherwise found in the
CSB. As explained above, if a
community is eligible and participating,
the community is listed as a
participating community in the CSB. If
the community is suspended from
participating in the NFIP, that
community is also listed in the CSB as
a community not participating in the
NFIP along with other communities that
contain identified flood hazard areas
that have either withdrawn from or have
not yet participated in the NFIP. The
NFIP is a voluntary program. FEMA
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21st Century Integrated Digital Experience Act
(21st Century IDEA), Public Law 115–336, 132 Stat.
5025 (2018).
would not have knowledge of those
communities that do not contain special
flood hazard areas and would otherwise
be eligible for the program, which
requires that they have land use
authority, unless those communities
apply for the NFIP. Finally, a member
of the public [FEMA–2019–0016–0002]
suggested that FEMA make the CSB easy
to search and access if the rule is to be
finalized. FEMA appreciates the
comment and will add instructions to
the main CSB page on www.fema.gov on
how to search the CSB.
B. Outreach
ASFPM also requested that FEMA
develop and implement an outreach
plan to message changes to the
publication process and improve
awareness of the CSB. The commenter
recommended FEMA coordinate with
state and local partners on this outreach
effort, to update printed and online
materials regarding process, and to
provide accommodations for those that
cannot access information online. As
explained in the NPRM, FEMA will
continue to publish notices in the
Federal Register for six months after the
effective date of this rule to notify
communities of their NFIP status to
allow communities to adjust to the
changed process as part of the ongoing
outreach efforts. The notices will
contain information on how to access
community status information so that
the public will become familiar with the
new process. Additionally, FEMA will
utilize www.fema.gov to provide
notifications to communities of their
status with information on how
individuals can check their community
status during and after the transition
period. In the required notification
letters FEMA sends to impacted
communities notifying them of potential
suspensions 90 days and 30 days prior
to final suspension, FEMA will provide
information on how the notification
process will transition to the CSB and
www.fema.gov respectively. The agency
will also ensure outreach to notify other
stakeholders of these changes through
webinars, printed materials, and other
information posted on www.fema.gov
for flood insurance agents and the
public. Individuals without internet
access will be able to contact their local
floodplain management official and/or
State NFIP Coordinating Office directly
for assistance.
Additionally, the Massachusetts
Department of Conservation and
Recreation [FEMA–2019–1600–0004]
commented that FEMA must continue
to notify state NFIP coordinating offices
in a timely manner of communities
which have become ineligible to
participate in the program. FEMA
intends to continue the current practice
of notifying state coordinators of
community suspensions and this final
rule will not impact that practice.
C. Other Methods of Notice
One member of the public [FEMA–
2019–1660–0003] suggested
broadcasting community status
information through TV commercials,
social media, and/or billboards in the
impacted community to raise
awareness. FEMA appreciates the
commenter’s desire to ensure
stakeholders are notified of community
status changes and the agency’s goal is
to ensure the public continues to have
the most current community status
information available. Some of the
suggestions would result in additional
costs and would not necessarily result
in sufficient or immediate access to the
information that the final rule changes
provide. Additionally, the commenter’s
suggestion to utilize social media
strategies to educate the public on the
new process and of suspensions, such as
using Twitter and other social media
platforms is not an appropriate use of
FEMA’s social media tools. Notices of
NFIP community status are routine and
not suited to social media platforms that
are more focused on communicating
materials regarding the Agency’s
mission, including disaster
preparedness, mitigation, and response
and recovery to stakeholders. FEMA
will provide this notice to the public by
publishing links to www.fema.gov
information on community suspensions
as proposed.
Finally, another member of the public
[FEMA–2019–1660–0007]
recommended a major revision to the
agency’s website. The comment noted
that the current www.fema.gov had far
too many topics in the navigation bar,
which were not in any logical order and
were overwhelming to the user. The
commenter requested a more user-
friendly experience when using FEMA’s
website and more search function
versatility. FEMA appreciates the
comment. FEMA recently completed
updates to its website pursuant to the
passage of the 21st Century Integrated
Digital Experience Act.
6
The revamped
website provides more user
functionality, including a section of the
website dedicated to floodplain
management.
III. Summary of Changes
The final rule removes the
requirements contained in 44 CFR
59.24(a), (c), (d), and (e) that community
loss of eligibility notices be published in
the Federal Register and adds a
requirement that FEMA publish the
notices on the internet or by another
comparable method. FEMA will store
these notices on its website for a
minimum of one year after the notices
are issued, so that they are easily
available to all interested parties. These
notices will be available in the CSB area
of the website and the CSB will also be
updated regularly to reflect current
community status information. The
standard URL link for the CSB is https://
www.fema.gov/national-flood-
insurance-program-community-status.
After removal from FEMA’s public-
facing website, the agency will retain
copies of the notices in accordance with
all statutory and regulatory
requirements. Note that changes to the
community’s status will be reflected in
the updated CSB so that individuals can
always find the current status of their
community.
Second, 44 CFR 64.6 is revised to
remove the requirement that FEMA
maintain a list of communities eligible
for flood insurance under the NFIA in
the CFR. Instead, the final rule requires
publication and maintenance of the list
on the internet or through another
comparable method. As explained in the
NPRM, FEMA will continue to maintain
an online CSB, providing a list of
communities that are, and are not,
eligible for flood insurance under the
NFIP. These changes do not impact the
other notification requirements found at
44 CFR 59.24. To aid in the transition
to the new form of publication, FEMA
will publish brief notices monthly in the
Federal Register for six months, after
the effective date of this rule, alerting
stakeholders to the change, and letting
them know where to go to access
community status information. The
agency will also complete various
outreach activities, including
notifications to impacted communities
as part of the 90-day and 30-day letters
they receive during the suspension
process, updated process information to
state and local partners, and webinars
and other materials for flood insurance
agents and the public.
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7
See 42 U.S.C. 4022(a)(1).
8
The Community Status Book is available for
public viewing at https://www.fema.gov/national-
flood-insurance-program-community-status-book.
9
Hourly rates derived from FEMA estimates
based on prior contracting benchmarks for this
service.
10
Office of Personnel Management, 2019,
Washington-Baltimore-Arlington-DC–MD–VA–WV–
PA, Hourly Rate, GS–14, Step 5. Available at
https://www.opm.gov/policy-data-oversight/pay-
leave/salaries-wages/salary-tables/pdf/2019/DCB_
h.pdf.
IV. Regulatory Analysis
A. Executive Orders 12866, ‘‘Regulatory
Planning and Review’’, 13563,
‘‘Improving Regulation and Regulatory
Review’’, and 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
Executive Orders 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
Review’’) 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. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (April 5, 2017).
1. Need for Regulatory Action
Under the NFIA, FEMA may only
grant flood insurance to properties
within communities that have adopted
adequate land use and control
measures.
7
Pursuant to this statutory
direction, FEMA has adopted
regulations governing community
eligibility for participation in the NFIP
at 44 CFR parts 59, 60, and 64. These
regulations include requirements that a
community follow certain steps to retain
eligibility for the NFIP. If a community
fails to follow these requirements or
decides to withdraw from the NFIP,
FEMA initiates loss of eligibility
procedures as described in 44 CFR 59.24
and publishes a notice of the upcoming
loss of eligibility in the Federal
Register. In addition, 44 CFR 64.6 states
that flood insurance under the NFIP is
authorized for communities set forth
under Section 64.6 of the regulations,
requiring FEMA to maintain a list of
eligible communities in the CFR.
FEMA is making two changes to the
current regulations.
First, FEMA will remove the
requirement pursuant to § 59.24(a), (c),
(d), and (e) to publish community loss
of eligibility notices in the Federal
Register. In lieu of publication in the
Federal Register, the rule requires that
these notices be published on the
internet or by another comparable
method. To aid in the transition, FEMA
will publish brief notices in the Federal
Register for 6 months after the effective
date of the final rule, alerting
stakeholders to the change.
Second, FEMA is removing the
requirement pursuant to § 64.6 that
FEMA maintain a list of eligible
communities in the CFR. In lieu of this
requirement, the final rule will require
FEMA to publish and maintain a list of
eligible communities on the internet or
through another comparable method.
These two changes will result in
reduced FEMA expenditures, largely by
reducing costs associated with Federal
Register publication. The changes to
§ 59.24 will also provide faster and more
user-friendly access to community loss
of eligibility information by requiring
publication of the notices online instead
of in the Federal Register. In addition,
these changes direct FEMA to
consolidate community status
information into one location, allowing
stakeholders to have more streamlined
access to community status-related
information.
2. Baseline
Requirement To Publish Community
Loss of Eligibility Notices in the Federal
Register
Community loss of eligibility notices
were published a total of 246 times in
the Federal Register from 2010 to 2019.
Based on data from these notices, FEMA
calculates that on average, from 2007 to
2016, the notices were published about
25 times per year, rounded to the
nearest whole number (246 ÷ 10 = 24.6.
24.6 rounded to the nearest whole
number = 25).
Requirement To Publish the List of
Eligible Communities in the CFR
With respect to the requirement for
FEMA to maintain a list of eligible
communities in the CFR, FEMA notes
that it currently maintains this list
online in the Community Status Book
rather than in the CFR.
8
In addition,
FEMA prepares quarterly reports in an
attempt to comply with the publication
requirement contained in § 64.6. The
quarterly preparation burden is
approximately 15 hours per quarter at a
cost of $80 per hour, for a total of $4,800
each year (15 hours per quarter × $80
per hour × 4 quarters a year).
9
FEMA has
not published the quarterly reports in
the CFR since 2006 due to the recurring
costs involved, and the ability to
maintain a more up-to-date list, since
the CFR is only updated annually.
3. Costs
Community Loss of Eligibility Notices:
Internet Publication Costs
As a substitute for publishing the
required community loss of eligibility
notices in the Federal Register, this
final rule requires FEMA to publish
community loss of eligibility notices
online. FEMA currently maintains a
public website (www.fema.gov) where
similar notices, bulletins, and updates
from across the agency are published for
public consumption. While there is no
direct cost to adding individual web
pages or sections to the site, publishing
community loss of eligibility notices
online creates labor costs for staff that
need to develop a template to format
and process the notices for web
publication.
FEMA recently completed a website
re-design that included more versatile
search functionality for the user, a more
standardized look and feel, increased
search engine optimization, and better
capture of meta-data. FEMA anticipated
the use of this re-design in the analysis
of this final rule. Development of this
publication process for online notices
will be labor intensive at the beginning.
Once a template is created, each update
will be less labor intensive than the
current practice.
FEMA staff expect it will take
approximately 3 days of labor (24 hours)
of a General Schedule (GS) Federal
employee in the National Capital
Region, at the GS–14 Step 5 level
($63.64 hourly wage),
10
to establish the
publication process under the redesign.
After the publication process is
established, FEMA anticipates that it
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Bureau of Labor Statistics, Employer Costs for
Employee Compensation, Table 1. ‘‘Employer costs
per hour worked for employee compensation and
costs as a percent of total compensation: Civilian
workers, by major occupational and industry group,
March 2019.’’ Available at http://www.bls.gov/
news.release/archives/ecec_06182019.pdf.
Accessed June 24, 2020. The wage multiplier is
calculated by dividing total compensation for all
workers of $36.77 by wages and salaries for all
workers of $25.22 per hour yielding a benefits
multiplier of approximately 1.46.
12
The Community Status Book is available for
public viewing at https://www.fema.gov/national-
flood-insurance-program-community-status-book.
13
Hourly rates derived from FEMA estimates
based on prior contracting benchmarks for this
service.
will take a GS–14 employee
approximately thirty minutes per future
publication.
The average 25 notices per year result
in a burden to FEMA of $3,392 the first
year (($63.64 for GS 14 Step 5 wage ×
1.46)
11
× (24 hours of work + (0.5 hour
of work × 25 notices per year))) and
$1,162 each subsequent year (($63.64 for
GS 14 Step 5 wage × 1.46) × (0.5 hour
of work × 25 notices per year)) for a 10-
year total of $13,850.
T
ABLE
1—I
NTERNET
P
UBLICATION
C
OSTS
Year Initial internet
publication burden
(hours)
Recurrent internet
publication burden
(hours)
Internet
publication
cost
(a) (b) = (0.25 × 25) (c) = (a × b) × ($63.64 × 1.46)
1 ....................................................................................................... 24 12.5 $3,392
2 ....................................................................................................... ................................ 12.5 1,162
3 ....................................................................................................... ................................ 12.5 1,162
4 ....................................................................................................... ................................ 12.5 1,162
5 ....................................................................................................... ................................ 12.5 1,162
6 ....................................................................................................... ................................ 12.5 1,162
7 ....................................................................................................... ................................ 12.5 1,162
8 ....................................................................................................... ................................ 12.5 1,162
9 ....................................................................................................... ................................ 12.5 1,162
10 ..................................................................................................... ................................ 12.5 1,162
Total .......................................................................................... 24 12.5 13,850
Community Loss of Eligibility Notices:
Transition/Phase-Out Costs
Upon publication of this final rule,
FEMA will aid in the transition from the
publication of community loss of
eligibility notices in the Federal
Register to their posting on FEMA’s
website by publication of transitional
announcements in the Federal Register.
These announcements will alert
stakeholders of the new location of
these notices and they would be concise
and tailored to notify stakeholders of the
FEMA web address where the
community loss of eligibility notices can
be found. FEMA expects these
transitional announcements to publish
once a month for a 6-month phase-out
period following the effective date of the
rule.
Community Status Report: Cost Savings
FEMA is removing the requirement
pursuant to § 64.6 that FEMA maintain
an updated list of eligible communities
in the CFR. FEMA does not currently
publish updates to the list of
communities eligible for flood insurance
in the CFR and already maintains an
online Community Status Book
containing this information.
12
FEMA
prepares quarterly reports on the current
lists of communities in order to comply
with the regulation. These reports are
available upon stakeholder request,
although they are not published.
Modifying the regulations to eliminate
the requirement to publish the list in the
CFR in favor of publishing the notices
in the same location as the community
status list that is already maintained on
FEMA’s website (the Community Status
Book) eliminates the preparation of
these lists and saves the quarterly
preparation burden of approximately 15
hours per quarter at $80 per hour,
13
yielding a cost savings of $4,800 ($80
per hour × 15 hours per quarter × 4
quarters a year) annually. This revision
will save FEMA costs without affecting
policyholders or other stakeholders.
T
ABLE
2—N
ET
C
OST
S
AVINGS
Year Internet
publication
cost
Community
status report
cost savings
Net cost
savings NPV at 3% NPV at 7%
1 ........................................................................................... $3,392 ¥$4,800 ¥$1,408 ¥$1,367 ¥$1,315
2 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥3,429 ¥3,178
3 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥3,329 ¥2,970
4 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥3,232 ¥2,775
5 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥3,138 ¥2,594
6 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥3,047 ¥2,424
7 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥2,958 ¥2,266
8 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥2,872 ¥2,117
9 ........................................................................................... 1,162 ¥4,800 ¥3,638 ¥2,788 ¥1,979
10 ......................................................................................... 1,162 ¥4,800 ¥3,638 ¥2,707 ¥1,849
Total .............................................................................. 13,850 ¥48,000 ¥34,150 ¥28,868 ¥23,468
Annualized .................................................................... ........................ ........................ ........................ ¥3,384 ¥3,341
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The net cost savings expected from
this rulemaking are presented in Table
2. The up-front transition costs are only
expected to take place in Year 1, thus
the cost savings expected over the
subsequent years are not impacted. For
the 10-year period analyzed, the
estimated quantified discounted total
cost savings at 7 and 3 percent are
$23,468 (annualized at $3,341) and
$28,868 (annualized at $3,384),
respectively.
4. Benefits
Revising 59.24 to eliminate the
Federal Register publication
requirements allows FEMA to be more
agile and timely in updating community
status information. In contrast,
continued updates through the Federal
Register would be slower, more
expensive to FEMA, and present the
information in a format that is less
accessible to stakeholders.
In addition, making this change to
59.24, and updating FEMA’s regulations
in § 64.6, will locate all information
related to community status and
eligibility for flood insurance in one
place that is well-known by
stakeholders. This consolidation would
improve the ease and efficiency of
locating community status and
eligibility information for stakeholders
and for FEMA.
5. Transfers
Transfer payments are monetary
payments from one group to another
that do not affect total resources
available to society. There are no
anticipated transfer payments resulting
from this final rule.
6. Alternatives Considered
FEMA considered continuing with
their current method to publish the
community loss of eligibility notices in
the Federal Register. This would have
taken more time to publish changes and
updates. However, stakeholders would
know where to access the information
since the location of information would
not change.
FEMA also considered the suggestion
of one of the commenters about
broadcasting the community status
information through TV commercials,
social media, or billboards in the
impacted community to raise
awareness. Some of these suggestions
would result in additional costs and
would not necessarily result in
sufficient or immediate access to the
information that the final rule changes
provide. Additionally, notices of NFIP
community status are routine and not
suited to social media platforms that are
more focused on communicating
materials regarding the Agency’s
mission, including disaster
preparedness, mitigation, and response
and recovery to stakeholders.
7. Summary
Table 3 provides the A–4 accounting
summary.
T
ABLE
3—A–4 A
CCOUNTING
S
TATEMENT
[2019$]
Category 7 Percent discount
rate 3 Percent discount
rate
Source citation
(RIA, preamble,
etc.)
Benefits
Annualized Monetized ......................................................................................... $0 $0 ................................
Annualized Quantified .......................................................................................... N/A N/A ................................
Qualitative ............................................................................................................ Allows FEMA to be more agile and
timely in updating community status in-
formation
RIA
Improve the ease and efficiency of lo-
cating community status and eligibility
information
Costs
Annualized Monetized ......................................................................................... ¥$3,341 ¥$3,384 RIA
Annualized quantified .......................................................................................... N/A N/A ................................
Qualitative ............................................................................................................ N/A ................................
Transfers
Annualized Monetized $millions/year .................................................................. N/A N/A ................................
From/To ............................................................................................................... N/A ................................
Effects
State, Local, and/or Tribal Government .............................................................. None ................................
Small business ..................................................................................................... None ................................
Wages .................................................................................................................. None ................................
Growth ................................................................................................................. None ................................
A. Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities. The term ‘‘small entities’’
comprises small businesses, not-for-
profit 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 directly impact any small
entities. This rule only changes how
FEMA shares loss of community
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14
See U.S. Census Bureau, ‘‘2017 Census of
Governments, Local Governments by Type and
State 2017,’’ Table 2, April 25, 2019, available at:
https://www2.census.gov/programs-surveys/gus/
tables/2017/cog2017_cg1700org02.zip?#. Accessed
June 25, 2020.
15
The number of NFIP communities is derived
from ‘‘The National Flood Insurance Program
Community Status Book,’’ Page 478, located at
https://www.fema.gov/flood-insurance/work-with-
nfip/community-status-book.
16
See 44 CFR 59.22 for a description of the
information collected.
eligibility notices and community status
information.
FEMA used the U.S. Census Bureau’s
2017 Census of Government
14
to
estimate the number of small
government jurisdictions in the United
States. According to the U.S. Census,
there are 38,779 jurisdictions consisting
of counties, municipalities, and
townships within the United States.
Among these, 35,748 would qualify as
small government jurisdictions, which
would equate to 92.2 percent of all U.S.
governmental jurisdictions. Applying
this percentage to the 22,490
communities currently participating in
the National Flood Insurance Program
(NFIP)
15
results in an estimated 20,736
small governmental jurisdictions.
Individual policyholders are not
considered small entities.
FEMA believes this rule would not
impose any direct costs on small entities
and would allow easier access to
information about flood insurance
eligibility. Accordingly, FEMA certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities. FEMA
requested comments as to the impact
that the NPRM would have on small
governmental jurisdictions; no
comments were received.
1. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 658, 1501–1504, 1531–
1536, 1571, pertains to any rulemaking
which is likely to result in the
promulgation of any rule that includes
a Federal mandate that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100 million (adjusted
annually for inflation) or more in any
one year. If the rulemaking includes a
Federal mandate, the Act requires an
agency to prepare an assessment of the
anticipated costs and benefits of the
Federal mandate. The Act also pertains
to any regulatory requirements that
might significantly or uniquely affect
small governments. Before establishing
any such requirements, an agency must
develop a plan allowing for input from
the affected governments regarding the
requirements.
FEMA has determined that this
rulemaking will not result in the
expenditure by State, local, and Tribal
governments, in the aggregate, nor by
the private sector, of $100,000,000 or
more in any one year as a result of a
Federal mandate, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
2. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995 (PRA), as amended, 44 U.S.C.
3501–3520, an agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless the agency obtains
approval from the Office of Management
and Budget (OMB) for the collection and
the collection displays a valid OMB
control number. See 44 U.S.C. 3506,
3507. FEMA collects community
information for the purposes of
application to the NFIP under OMB
Control Number 1660–0004,
Application for Participation in the
National Flood Insurance Program
(NFIP).
16
However, FEMA has
determined that this rulemaking does
not impact this information collection
or any other collection of information
under the PRA.
3. Privacy Act/E-Government Act
Under the Privacy Act of 1974, 5
U.S.C. 552a, an agency must determine
whether implementation of a proposed
regulation will result in a system of
records. A ‘‘record’’ is any item,
collection, or grouping of information
about an individual that is maintained
by an agency, including, but not limited
to, his/her education, financial
transactions, medical history, and
criminal or employment history and
that contains his/her name, or the
identifying number, symbol, or other
identifying particular assigned to the
individual, such as a finger or voice
print or a photograph. See 5 U.S.C.
552a(a)(4). A ‘‘system of records’’ is a
group of records under the control of an
agency from which information is
retrieved by the name of the individual
or by some identifying number, symbol,
or other identifying particular assigned
to the individual. See id. section
552a(a)(5). An agency cannot disclose
any record which is contained in a
system of records except by following
specific procedures.
The E-Government Act of 2002, 44
U.S.C. 3501 note also requires specific
procedures when an agency takes action
to develop or procure information
technology that collects, maintains, or
disseminates information that is in an
identifiable form. This Act also applies
when an agency initiates a new
collection of information that will be
collected, maintained, or disseminated
using information technology if it
includes any information in an
identifiable form permitting the
physical or online contacting of a
specific individual.
In accordance with DHS policy,
FEMA has completed a Privacy
Threshold Analysis (PTA) for this rule.
DHS determined that this rulemaking is
not privacy sensitive, as it does not
affect the information collected about an
individual. FEMA’s original collection
and maintenance of NFIP related
personally identifiable information has
coverage under the DHS/FEMA–003-
National Flood Insurance Program Files,
79 FR 28747 (May 19, 2014) System of
Records Notice and the DHS/FEMA/
PIA—011 National Flood Insurance
Program Information Technology
System Privacy Impact Assessment.
Therefore, this rulemaking does not
require coverage under an existing or
new Privacy Impact Assessment or
System of Records Notice.
4. Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’
Executive Order 13175, ‘‘Consultation
and Coordination with Indian Tribal
Governments,’’ 65 FR 67249, (Nov. 9,
2000), applies to agency regulations that
have Tribal implications, that is,
regulations that have substantial direct
effects 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. Under
this Executive Order, to the extent
practicable and permitted by law, no
agency shall promulgate any regulation
that has Tribal implications, that
imposes substantial direct compliance
costs on Indian Tribal governments, and
that is not required by statute, unless
funds necessary to pay the direct costs
incurred by the Indian Tribal
government or the Tribe in complying
with the regulation are provided by the
Federal government, or the agency
consults with Tribal officials.
Nor, to the extent practicable by law,
may an agency promulgate a regulation
that has Tribal implications and
preempts Tribal law, unless the agency
consults with Tribal officials. Although
Tribes that meet the NFIP eligibility
criteria can participate in the NFIP in
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17
Although the NFIP does not explicitly reference
Tribal Governments, FEMA includes Tribal nations
in its definition of a community. See 44 CFR 59.1.
the same manner as communities,
17
FEMA has reviewed this final rule
under Executive Order 13175 and has
determined that the rule does not have
a substantial direct effect on one or
more Indian Tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian Tribes. This
final rule modernizes notice
requirements for community loss of
eligibility information and community
status information: therefore, the
changes in this rule do not substantially
or disproportionately affect Indian
Tribal governments acting as
communities under the NFIP.
5. Executive Order 13132, ‘‘Federalism’’
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (Aug. 10, 1999), sets forth
principles and criteria that agencies
must adhere to in formulating and
implementing policies that have
federalism implications, that is,
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ For the
purposes of this Executive Order, the
term States also includes local
governments or other subdivisions
established by the States. Under this
Executive Order, Federal agencies must
closely examine the statutory authority
supporting any action that would limit
the policymaking discretion of the
States. Further, to the extent practicable
and permitted by law, no agency shall
promulgate any regulation that has
federalism implications, that imposes
substantial direct compliance costs on
State and local governments, and that is
not required by statute, unless the
Federal Government provides funds
necessary to pay the direct costs
incurred by the State and local
governments in complying with the
regulation, or the agency consults with
State and local officials. Nor, to the
extent practicable by law, may an
agency promulgate a regulation that has
federalism implications and preempts
State law, unless the agency consults
with State and local officials.
FEMA has reviewed this rule under
Executive Order 13132 and has
determined that it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and therefore does
not have federalism implications as
defined by the Executive Order. This
rule modernizes notice requirements for
community status information under the
NFIP; therefore, this rule does not
impact the substantive rights, roles, or
responsibilities of States, and does not
limit State policymaking discretion.
6. National Environmental Policy Act of
1969 (NEPA)
Section 102 of the National
Environmental Policy Act of 1969
(NEPA), 83 Stat. 852 (Jan. 1, 1970) (42
U.S.C. 4321 et seq.) requires agencies to
consider the impacts of their proposed
actions on the quality of the human
environment. The Council on
Environmental Quality’s procedures for
implementing NEPA, 40 CFR 1500 et
seq., require Federal agencies to prepare
Environmental Impact Statements (EIS)
for major Federal actions significantly
affecting the quality of the human
environment. Each agency can develop
categorical exclusions to cover actions
that have been demonstrated to not
typically trigger significant impacts to
the human environment individually or
cumulatively. Agencies develop
environmental assessments (EA) to
evaluate those actions that do not fit an
agency’s categorical exclusion and for
which the need for an EIS is not readily
apparent. At the end of the EA process,
the agency will determine whether to
make a Finding of No Significant Impact
(FONSI) or whether to initiate the EIS
process.
Rulemaking is a major Federal action
subject to NEPA. Categorical exclusions
A3 included in the list of exclusion
categories at Department of Homeland
Security Manual 023–01–001–01,
Revision 01, Implementation of the
National Environmental Policy Act,
Appendix A, issued November 6, 2014,
covers the promulgation of rules,
issuance of rulings or interpretations,
and the development and publication of
policies, orders, directives, notices,
procedures, manuals, and advisory
circulars if they meet certain criteria
provided in A3(a–f). This final rule
meets Categorical Exclusion A3(d),
‘‘Those that interpret or amend an
existing regulation without changing its
environmental effect.’’
7. Congressional Review of Agency
Rulemaking
Under the Congressional Review of
Agency Rulemaking Act (CRA), 5 U.S.C.
801–808, before a rule can take effect,
the Federal agency promulgating the
rule must submit to Congress and to the
Government Accountability Office
(GAO) a copy of the rule; a concise
general statement relating to the rule,
including whether it is a major rule; the
proposed effective date of the rule; a
copy of any cost-benefit analysis;
descriptions of the agency’s actions
under the Regulatory Flexibility Act and
the Unfunded Mandates Reform Act;
and any other information or statements
required by relevant executive orders.
FEMA has sent this final rule to the
Congress and to GAO pursuant to the
CRA. The rule is not a ‘‘major rule’’
within the meaning of the CRA. It will
not have 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 in domestic and
export markets.
List of Subjects
44 CFR Parts 59
Flood insurance, Reporting and
recordkeeping requirements.
44 CFR Part 64
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, FEMA amends 44 CFR parts
59 and 64 as follows:
PART 59—GENERAL PROVISIONS
1. The authority citation for part 59
continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.,
Reorganization Plan No. 3 of 1978, 43 FR
41943, 3 CFR, 1978 Comp., p. 329; E.O.
12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
2. Amend § 59.24 by:
a. Revising the fourth sentence of
paragraph (a);
b. Revising the fourth sentence of
paragraph (c);
c. Revising the second sentence of
paragraph (d);
d. Revising the second sentence of
paragraph (e).
The revisions read as follows:
§ 59.24 Suspension of community
eligibility.
(a) * * * If, subsequently, copies of
adequate flood plain management
regulations are not received by the
Administrator, no later than 30 days
before the expiration of the original six
month period the Federal Insurance
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1
See Interstate Commerce Commission,
Explosives and Other Dangerous Articles, 29 FR
18651 (Dec. 29, 1964) (introducing requalification
period requirements at Note 2 to §173.34(e)(9)).
Administrator shall provide written
notice to the community and to the state
and assure publication of the
community’s loss of eligibility for the
sale of flood insurance on the internet
or by another comparable method, such
suspension to become effective upon the
expiration of the six month period.
***
* * * * *
(c) * * * If a community is to be
suspended, the Federal Insurance
Administrator shall inform it upon 30
days prior written notice and upon
publication of its loss of eligibility for
the sale of flood insurance on the
internet or by another comparable
method. * * *
(d) * * * If a community is to be
suspended, the Federal Insurance
Administrator shall inform it upon 30
days prior written notice and upon
publication of its loss of eligibly for the
sale of flood insurance on the internet
or by another comparable method.
***
(e) * * * Upon receipt of a certified
copy of a final legislative action, the
Federal Insurance Administrator shall
withdraw the community from the
Program and publish its loss of
eligibility for the sale of flood insurance
on the internet or by another
comparable method. * * *
* * * * *
PART 64—COMMUNITIES ELIGIBLE
FOR THE SALE OF INSURANCE
3. The authority citation for part 61
continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
4. Revise § 61.6 to read as follows:
§ 64.6 List of eligible communities.
FEMA will maintain a list of
communities eligible for the sale of
flood insurance pursuant to the National
Flood Insurance Program (42 U.S.C.
4001–4128). This list will be published
and maintained on the internet or
through another comparable method.
Pete Gaynor,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2020–23970 Filed 10–29–20; 8:45 am]
BILLING CODE 9111–52–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 180
[Docket No. PHMSA–2017–0083 (HM–219B)]
RIN 2137–AF30
Hazardous Materials: Response to an
Industry Petition To Reduce
Regulatory Burden for Cylinder
Requalification Requirements
AGENCY
: Pipeline and Hazardous
Materials Safety Administration,
Department of Transportation.
ACTION
: Final rule.
SUMMARY
: The Pipeline and Hazardous
Materials Safety Administration
(PHMSA) is amending the requirements
of the requalification periods for certain
Department of Transportation (DOT) 4-
series specification cylinders in non-
corrosive gas service in response to a
petition for rulemaking submitted by the
National Propane Gas Association
(NPGA).
DATES
:
Effective date: This rule is effective
November 30, 2020.
Voluntary compliance date:
Voluntary compliance with all
amendments is authorized October 30,
2020.
FOR FURTHER INFORMATION CONTACT
: Lily
Ballengee, Standards and Rulemaking
Division, (202) 366–8553, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Overview
II. Background
A. Summary of Historical Changes to the
Regulatory Text
B. HM–233F Notice of Proposed
Rulemaking and Final Rule
C. Petition P–1696
D. Statement of Enforcement Discretion
E. HM–219B Notice of Proposed
Rulemaking; Executive Order 13924
III. NPRM Comment Discussion
A. Comments Related to the
Requalification Periods
B. Initial Requalification Periods;
Subsequent Requalification Periods via
Volumetric Expansion Testing
C. Subsequent Requalification via Proof
Pressure Testing
D. Comments Related to the Requalifier
Identification Number
E. Miscellaneous Comments
IV. Changes Being Adopted
V. Regulatory Analyses and Notices
List of Subjects
I. Overview
PHMSA is amending the Hazardous
Materials Regulations (HMR; 49 CFR
parts 171–180) for certain commonly
used DOT 4-series specification
cylinders in non-corrosive gas service.
This final rule authorizes 12-year initial
and subsequent requalification periods
for volumetric expansion testing and a
12-year initial requalification period for
proof pressure testing. This final rule
does not modify the existing 10-year
subsequent requalification periods for
proof pressure testing. In addition, it
makes clarifying and conforming edits
to the requalification table in
§ 180.209(a) and the text in paragraph
(e). This final rule provides regulatory
relief by reducing requalification-related
costs for propane marketers,
distributors, and others in non-corrosive
gas service without reducing safety.
PHMSA also withdraws its Statement of
Enforcement Discretion issued on
March 17, 2017, as of the effective date
of this final rule.
II. Background
A. Summary of Historical Changes to
the Regulatory Text
As further discussed throughout this
section, the requalification periods for
volumetric expansion and proof
pressure testing—to include the first
requalification after manufacture
(‘‘initial requalification’’) and the
recurring requalifications required after
the initial requalification (‘‘subsequent
requalification(s)’’)—have evolved
through various regulatory actions.
Table 1 summarizes the history of
changes to the timelines for
requalification by volumetric expansion
and proof pressure testing that are the
subject of this rulemaking. The
requalification time periods
memorialized in Table 1 as having been
in place ‘‘Prior to HM–233F’’ date from
1964.
1
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