TITLE 44 - EMERGENCY MANAGEMENT AND ASSISTANCE

CHAPTER I - FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER A - GENERAL

PART 1 - RULEMAKING; POLICY AND PROCEDURES

subpart b - PROCEDURES FOR RULEMAKING

1.16 - Adoption of a final rule.

  (a) All timely comments will be considered in taking final action on a proposed rule. Each preamble to a final rule will contain a short analysis and evaluation of the relevant significant issues set forth in the comments submitted, and a clear concise statement of the basis and purpose of the rule.

  (b) When determined necessary by the Director in accordance with the provisions of 1 CFR 18.12, the preamble shall contain the following information: (1) A discussion of the background and major issues involved; (2) In the case of a final rule, any significant differences between it and the proposed rule; (3) A response to substantive public comments received; and (4) Any other information the Director considers appropriate.

  (c) At the time of publication of the final rule, a statement shall be published describing how the public may obtain copies of the final regulatory flexibility analysis which must be prepared in accordance with 5 U.S.C. 604 unless the procedure for waiver or delay of completion under 5 U.S.C. 608 is followed.

  (d) Before approving any final major rule FEMA will: (1) Make a determination that the regulation is clearly within the authority delegated by law and consistent with congressional intent and include in the Federal Register at the time of promulgation a memorandum of law supporting that determination; and (2) Make a determination that the factual conclusions upon which the rule is based have substantial support in the agency record, viewed as a whole, with full attention to public comments in general and the comments of persons directly affected by the rule in particular.