Rule2022-26814
Notification of Public Meetings on Hermit's Peak/Calf Canyon Fire Assistance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2022
Issuing agencies
Homeland Security DepartmentFederal Emergency Management Agency
Abstract
FEMA will hold additional in-person public meetings to solicit public feedback about the Hermit's Peak/Calf Canyon Fire Assistance interim final rule. FEMA is issuing this public meeting notification to inform the public that FEMA is seeking input on the procedures for claimants to seek compensation for injury or loss of property resulting from the Hermit's Peak/Calf Canyon Fire.
Full Text
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<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
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[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75495-75496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26814]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 296
[Docket ID FEMA-2022-0037]
RIN 1660-AB14
Notification of Public Meetings on Hermit's Peak/Calf Canyon Fire
Assistance
AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security (DHS).
ACTION: Announcement of additional in-person public meetings.
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SUMMARY: FEMA will hold additional in-person public meetings to solicit
public feedback about the Hermit's Peak/Calf Canyon Fire Assistance
interim final rule. FEMA is issuing this public meeting notification to
inform the public that FEMA is seeking input on the procedures for
claimants to seek compensation for injury or loss of property resulting
from the Hermit's Peak/Calf Canyon Fire.
DATES: Written comments in response to these public meetings may be
submitted until 11:59 p.m. Eastern Time (ET) on January 13, 2023. Late-
filed comments will be considered to the extent practicable. FEMA will
hold additional meetings on:
January 4, 2023, 5:30-7:00 p.m. MDT, Pe[ntilde]asco, New Mexico
January 9, 2023, 5:30-7:00 p.m. MDT, Angel Fire, New Mexico
Depending on the number of speakers, the meetings may end before
the time indicated, following the last call for comments.
ADDRESSES: The additional public meetings will be held at the following
locations:
January 4, 2023 meeting at 13 School Road, Pe[ntilde]asco, NM 87553
January 9, 2023 meeting at 1 First National Place, Angel Fire, NM 87710
Reasonable accommodations are available for people with
disabilities. To request a reasonable accommodation, contact the person
listed in the FOR FURTHER INFORMATION CONTACT section below as soon as
possible. Last minute requests will be accepted but may not be possible
to fulfill. Written comments related to these public meetings must be
submitted through the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Search for FEMA-2022-0037 and follow the
instructions for submitting comments. All written comments received,
including any personal information provided, may be posted without
alteration at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All comments on the request
for information made during the meetings will be posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket ID FEMA-2022-0037.
FOR FURTHER INFORMATION CONTACT: Angela Gladwell, Office of Response
and Recovery, 202-646-3642, <a href="/cdn-cgi/l/email-protection#a2e4e7efe38feac7d0cfcbd6d18ff2c7c3c9e2c4c7cfc38cc6cad18cc5cdd4"><span class="__cf_email__" data-cfemail="3076757d711d7855425d5944431d6055515b7056555d511e5458431e575f46">[email protected]</span></a>. Persons
with hearing or speech challenges may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: On September 30, 2022, President Biden
signed into law the Hermit's Peak/Calf Canyon Fire Assistance Act
(``Act'') as part of the Continuing Appropriations and Ukraine
Supplemental Appropriations Act, 2023, Public Law 117-180, 136 Stat.
2114 (2022). The Act provides compensation to injured persons impacted
by the Hermit's Peak/Calf Canyon Fire (Fire). It requires FEMA to
design and administer a claims program to compensate victims, for
injuries resulting from the fire and to provide for the expeditious
consideration and settlement for those claims and injuries. The Act
further directs FEMA to establish an arbitration process for disputes
regarding claims.
On November 14, 2022, FEMA published an interim final rule (IFR)
establishing the procedures for the processing and payment of claims to
those injured by the Fire sustaining property, business, and/or
financial losses.\1\ The IFR requested public comment on these
procedures through January 13, 2022. FEMA's procedures in this IFR are
generally consistent with prior processes established for claims
associated with the Cerro Grande Fire Assistance Act.\2\ The first step
in the
[[Page 75496]]
claims process under this IFR (see, 44 CFR part 296) is for the
claimant to file a Notice of Loss with the Office of Hermit's Peak/Calf
Canyon Fire Claims (``Claims Office''). After receipt and
acknowledgement by the Claims Office, a Claims Reviewer will contact
the claimant to review the claim and help the claimant formulate a
strategy for obtaining any necessary supporting documentation to
complete the Proof of Loss. After discussion of the claim with the
Claims Reviewer, the claimant will review and sign a Proof of Loss and
submit it to the Claims Office. The Claims Reviewer will submit a
report to the Authorized Official for review to determine whether
compensation is due to the claimant. Once that review is completed, the
Authorized Official's written decision will be provided to the
claimant. If satisfied with the decision, the claimant will receive
payment after returning a completed Release and Certification Form. If
the claimant is not satisfied with the decision, they may file an
Administrative Appeal with the Director of the Claims Office. If the
claimant is not satisfied after appeal, the dispute may be resolved
through binding arbitration or heard in the United States District
Court for the District of New Mexico.
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\1\ 87 FR 68085.
\2\ The Cerro Grande Fire Assistance Act (Pub. L. 106-246
(2001)) required FEMA to design and administer a program for fully
compensating those who suffered injuries resulting from the Cerro
Grande Fire. The Cerro Grande fire resulted from a prescribed fire
ignited on May 4, 2000, by National Park Service fire personnel at
the Bandelier National Monument, New Mexico under an approved
prescribed fire plan. That fire burned approximately 47,750 acres
and destroyed over 200 residential structures. The Cerro Grande Fire
Assistance Act process is detailed in an interim final rule (65 FR
52259 (Aug. 27, 2000)) and a final rule (66 FR 15847 (Mar. 21,
2001)) that is now codified at 44 CFR part 295.
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The IFR also announced that FEMA would hold four in-person public
meetings to seek feedback on the procedures for processing and payment
of claims to those injured by the Fire sustaining property, business,
and/or financial loss. This document announces that FEMA will hold two
additional public meetings. FEMA is holding these additional public
meetings to ensure that all interested parties have sufficient
opportunity to provide comments on the IFR during the comment period.
FEMA received a request to provide video conferencing at upcoming
public meetings. As these meetings are not held in FEMA facilities, the
Agency is unable to offer video conferencing. Transcripts of the
meetings will be posted to the public docket and FEMA will also post
transcripts of the meetings to <a href="https://www.fema.gov/hermits-peak">https://www.fema.gov/hermits-peak</a>. FEMA
will carefully consider all relevant comments received during the
public meetings and during the IFR comment period closing on January
13, 2023. All comments or remarks provided on the request for
information during the meeting will be transcribed and posted to the
rulemaking docket on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Erik A. Hooks,
Deputy Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-26814 Filed 12-8-22; 8:45 am]
BILLING CODE 9111-68-P
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