60 Day Federal Register Notice

Pub. 60-Day FRN 10-18-2011.pdf

National Flood Insurance Claims Appeal Process

60 Day Federal Register Notice

OMB: 1660-0095

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Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices
Vascular Diseases Research; 93.838, Lung
Diseases Research; 93.839, Blood Diseases
and Resources Research, National Institutes
of Health, HHS)
Dated: October 12, 2011.
Jennifer S. Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. 2011–26928 Filed 10–17–11; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–2011–0029; OMB No.
1660–0095]

Agency Information Collection
Activities: Proposed Collection;
Comment Request; National Flood
Insurance Program Claims Appeals
Process
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:

The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a proposed revision of a
currently approved information
collection. In accordance with the
Paperwork Reduction Act of 1995, this
notice seeks comments concerning
revision of the National Flood Insurance
Claims Appeals Process. The appeal
process establishes a formal mechanism
to allow policyholders to appeal the
decisions of any insurance agent,
adjuster, insurance company, or any
FEMA employee or contractor, in cases
or unsatisfactory decisions on claims,
proof of loss, and loss estimates.
Under this process, FEMA sends the
NFIP Flood Insurance Claims Handbook
to the policyholder (upon completion of
signed policy), which explains to them
the appeals process. If the policyholder
wishes to appeal a claims decision, that
policyholder may appeal it to FEMA.
FEMA will acknowledge receipt of a
policyholder’s appeal in writing and
advise such policyholder if additional
information is required in order to fully
consider the appeal. FEMA will review
the documentation submitted by the
policyholder, conduct any necessary
additional investigation, and advise,
both the policyholder and the
appropriate flood insurance carrier, of
its decision regarding the appeal.

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Comments must be submitted on
or before December 19, 2011.
ADDRESSES: To avoid duplicate
submissions to the docket, please use
only one of the following means to
submit comments:
(1) Online. Submit comments at
http://www.regulations.gov under
Docket ID FEMA–2011–0029. Follow
the instructions for submitting
comments.
(2) Mail. Submit written comments to
Docket Manager, Office of Chief
Counsel, DHS/FEMA, 500 C Street, SW.,
Room 835, Washington, DC 20472–
3100.
(3) Facsimile. Submit comments to
(703) 483–2999.
(4) E-mail. Submit comments to
[email protected]. Include Docket
ID FEMA–2011–0029 in the subject line.
All submissions received must
include the agency name and Docket ID.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at http://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to read the
Privacy Act notice that is available via
the link in the footer of http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dennis Kuhns, Division Director, Risk
Insurance Division, 202–212–0429 for
additional information. You may
contact the Records Management
Division for copies of the proposed
collection of information at facsimile
number (202) 646–3347 or e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION: Section
205 of The Bunning-BereuterBlumenauer Flood Insurance Reform
Act of 2004, Public Law 108–264
Section 205, 42 U.S.C. 4011 note,
requires the Federal Emergency
Management Agency to establish by
regulation an additional process for the
appeal of decisions of flood insurance
claims issued through the National
Flood Insurance Program. FEMA’s
regulation at 44 CFR 62.20 details the
appeals process.
The process requires policyholders to
submit a written appeal to the Federal
Emergency Management Agency
(Mitigation Directorate/Risk Insurance
Division), in the form of a signed letter
explaining the nature of their claim
appeal, names and titles of persons
contacted, dates of contact, contact
information, and details of the contact
relevant to their claim appeal. These
DATES:

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requirements are spelled out to
policyholders in the aforementioned
NFIP Flood Insurance Claims
Handbook. The policyholders are also
required to state the basis for their
appeal and submit supporting
documentation including a copy of the
insurer’s written denial, in whole or in
part, of the claim.
Collection of Information
Title: National Flood Insurance
Program Claims Appeals Process.
Type of Information Collection:
Revision of a currently approved
information collection.
OMB Number: 1660–0095.
Form Titles and Numbers: None.
Abstract: The NFIP claims appeals
process requires policyholders to submit
a written appeal to the Federal
Emergency Management Agency
(Mitigation Directorate/Risk Insurance
Division), in the form of a signed letter
explaining the nature of their claim
appeal, names and titles of persons
contacted, dates of contact, contact
information, and details of the contact
relevant to their claim appeal. The
policyholders are also required to state
the basis for their appeal and submit
supporting documentation including a
copy of the insurer’s written denial, in
whole or in part, of the claim.
Affected Public: Individuals or
households and Business or other-forprofits.
Estimated Total Annual Burden
Hours: 2110 hours.
Estimated Cost: The cost to
policyholders would be an annual cost
of $464.20 for postage.
Comments
Comments may be submitted as
indicated in the ADDRESSES caption
above. Comments are solicited to (a)
evaluate whether the proposed data
collection is necessary for the proper
performance of the agency, including
whether the information shall have
practical utility; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) enhance the quality, utility, and
clarity of the information to be
collected; and (d) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,

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Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Notices

e.g., permitting electronic submission of
responses.
Gary L. Anderson,
Acting Chief Administrative Officer, Mission
Support Bureau, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. 2011–26942 Filed 10–17–11; 8:45 am]
BILLING CODE 9110–11–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5556–D–01]

Consolidated Delegation of Authority
for the Office of Community Planning
and Development
Office of the Secretary, HUD.
Notice of delegation of
authority.

AGENCY:
ACTION:

This notice updates, clarifies,
and consolidates delegations of
authority from the Secretary to the
Assistant Secretary for Community
Planning and Development, the General
Deputy Assistant Secretary for
Community Planning and Development,
and the Deputy Assistant Secretary for
Grant Programs.
DATES: Effective Date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT:
David H. Enzel, Director, Office of
Technical Assistance and Management,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 7228, Washington, DC 20410–
7000; telephone number 202–402–5557.
(This is not a toll-free number.) For
those needing assistance, this number
may be accessed through TTY by calling
the toll-free Federal Relay Service
number at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: Today’s
Federal Register notice updates,
clarifies, and consolidates into one
notice the authority delegated by the
Secretary to the Assistant Secretary for
Community Planning and Development,
the General Deputy Assistant Secretary
for Community Planning and
Development, and the Deputy Assistant
Secretary for Grant Programs.
Clarification of program authorities
under existing CPD delegations includes
the Neighborhood Stabilization
Programs, Community Development
Block Grant (CDBG) disaster recovery
grants, and homeless assistance
programs under the McKinney-Vento
Homeless Assistance Act. This notice
supersedes all previous delegations to
the Assistant Secretary for Community
Planning and Development and the
General Deputy Assistant Secretary for

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Community Planning and Development,
including the delegation published on
September 16, 2003 (68 FR 5423).
Published elsewhere in today’s Federal
Register are notices of redelegation of
authority from the Assistant Secretary
for Community Planning and
Development to subordinate employees
within the Office of Community
Planning and Development.
Section A. Authority Delegated
Except as provided in Section B, the
Secretary of HUD delegates to the
Assistant Secretary for Community
Planning and Development, the General
Deputy Assistant Secretary for
Community Planning and Development,
and the Deputy Assistant Secretary for
Grant Programs the authority of the
Secretary with respect to the programs
and matters listed below in this Section
A. Only the Assistant Secretary is
delegated the authority to issue or waive
regulations covered by section 7(q) of
the Department of Housing and Urban
Development Act (42 U.S.C. 3535(q)).
1. The AIDS Housing Opportunity Act,
Title VIII, Subtitle D of the CranstonGonzalez National Affordable Housing Act,
Public Law 101–625, 104 Stat. 4079 (1990)
(codified as amended at 42 U.S.C. 12901–
12912); 24 CFR part 574;
2. The Base Closure, Base Closure
Community Redevelopment and Homeless
Assistance Act of 1994, Public Law 103–421,
108 Stat. 4346 (codified as amended at 10
U.S.C. 2687 note); 24 CFR part 586;
3. Capacity Building for Community
Development and Affordable Housing Grants,
Section 4 of the HUD Demonstration Act of
1993, Public Law 103–120, 107 Stat. 1148
(codified as amended at 42 U.S.C. 9816 note);
4. Comprehensive Housing Affordability
Strategies (CHAS), Title I of the CranstonGonzalez National Affordable Housing Act,
Public Law 101–625, 104 Stat. 4079 (1990)
(codified as amended at 42 U.S.C. 12701 et
seq.); 24 CFR part 91;
5. Economic Development Initiative grants,
as provided for in annual HUD
appropriations acts (e.g., the Consolidated
Appropriations Resolution, Fiscal Year 2003,
Public Law 108–7, 117 Stat. 11 (2003));
6. Urban Empowerment Zones (EZ), as
authorized under title 26, subtitle A, chapter
1, subchapter U of the Internal Revenue Code
(codified as amended at 26 U.S.C. 1391 et
seq.); 24 CFR parts 597 and 598;
7. The HOME Investment Partnerships Act,
Title II of the Cranston-Gonzalez National
Affordable Housing Act, Public Law 101–
625, 104 Stat. 4079 (1990) (codified as
amended at 42 U.S.C. 12721 et seq.); 24 CFR
part 92;
8. The Loan Guarantee Recovery Fund
under Section 4 of the Church Arson
Prevention Act of 1996, Public Law 104–155,
110 Stat. 1392 (codified at 18 U.S.C. 241
note); 24 CFR part 573;
9. Neighborhood Initiatives grants
specifically designated in annual HUD
appropriations acts (e.g., the Consolidated

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Appropriations Act 2010, Public Law 111–
117, 123 Stat. 3034 (2009));
10. The Homelessness Prevention and
Rapid Re-Housing Program (HPRP), as
authorized under the Homelessness
Prevention Fund heading of Division A, Title
XII of the American Recovery and
Reinvestment Act of 2009, Public Law 111–
5, 123 Stat. 115;
11. The Housing Trust Fund (HTF), Section
1338 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992,
added by Section 1131 of Public Law 110–
289, 122 Stat. 2654 (codified at 12 U.S.C.
4568);
12. Rural Innovation Fund grants as
provided for in annual HUD appropriations
act(s) (e.g., the Consolidated Appropriations
Act 2010, Public Law 111–117, 123 Stat.
3084 (2009));
13. The Tax Credit Assistance Program
(TCAP), as authorized under the HOME
Investments Partnerships Program heading of
Division A, Title XII of the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5, 123 Stat. 155, 220–21;
14. The Self-Help Housing Opportunity
Program (SHOP) under section 11 of the
Housing Opportunity Program Extension Act
of 1996, Public Law 104–120, 110 Stat. 834
(codified at 42 U.S.C. 12805 note);
15. Technical Assistance and Capacity
Building awards authorized under any
program or matter delegated under Section A
(e.g., section 107 of the Housing and
Community Development Act of 1987, Public
Law 100–242, 101 Stat. 1815 (1988)) and as
provided for in annual and supplemental
HUD appropriations acts (e.g., the
Consolidated Appropriations Act 2010,
Public Law 111–117, 123 Stat. 3093 (2009));
16. Title I of the Housing and Community
Development Act of 1974, Public Law 93–
383, 88 Stat. 633 (codified as amended at 42
U.S.C. 5301 et seq.); 24 CFR part 570,
including the following:
a. The Community Development Block
Grant (CDBG) program;
b. The Section 108 loan guarantee program;
c. Economic development grants pursuant
to Section 108(q);
d. Neighborhood Stabilization programs
under the Housing and Economic Recovery
Act of 2008, Public Law 110–289, 122 Stat.
2850; Title XII of Division A of the American
Recovery and Reinvestment Act of 2009,
Public Law 111–5, 123 Stat. 115; and Section
1497 of the Wall Street Reform and
Consumer Protection Act of 2010, Public Law
111–203, 124 Stat. 1376 (codified as
amended at 42 U.S.C. 5301 note);
e. CDBG Disaster Recovery Grants as
provided for in annual and supplemental
HUD appropriations acts; and
f. Appalachian Regional Commission
grants pursuant to section 214 of the
Appalachian Regional Development Act of
1965, Public Law 89–4, 79 Stat. 5 (codified
as amended at 40 U.S.C. 14507) and
consistent with the CDBG program
authorized under Title I of the Housing and
Community Development Act of 1974, Public
Law 93–383, 88 Stat. 633 (codified as
amended at 42 U.S.C. 5301 et seq.).
17. Title IV of the McKinney-Vento
Homeless Assistance Act, Public Law 100–

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