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FEMA requesting comments on establishing a deductible for Public Assistance Program
Friday, January 13, 2017

FEMA requesting comments for establishing a deductible for its Public Assistance Program

Deadline for comments close April 12


Federal Emergency Management Agency, DHS.


Supplemental advance notice of proposed rulemaking.


FEMA is considering implementing a Public Assistance deductible that would condition states' receipt of FEMA reimbursement for the repair and replacement of public infrastructure damaged by a disaster event. The primary intent of the deductible concept is to incentivize greater state resilience to future disasters, thereby reducing future disaster costs nationally. 

On Jan. 20, 2016, FEMA published an Advance Notice of Proposed Rulemaking seeking comment on a Public Assistance deductible concept. The ANPRM provided a general description of the concept that many commenters found insufficient to provide meaningful comment. In an effort to offer the public a more detailed deductible concept upon which to provide additional feedback, FEMA is issuing a supplemental ANPRM that presents a conceptual deductible program, including a methodology for calculating deductible amounts based on a combination of each state's fiscal capacity and disaster risk, a proposed credit structure to reward states for undertaking resilience-building activities, and a description of how FEMA could consider implementing the program. 

At this stage of the rulemaking process, the deductible remains only something that FEMA is considering. The policy conceived of in this document is not a proposal. In this document, FEMA is providing what is merely a description of a direction FEMA could take in future rulemaking in an effort to solicit further feedback from the public. After considering the comments it receives, or as a result of other factors, FEMA may expand on or redevelop this concept.


Comments must be submitted by April 12, 2017.


You may submit comments, identified by Docket ID FEMA-2016-0003, by one of the following methods:

Federal eRulemaking Portal :http://www.regulations.govFollow the instructions for submitting comments.

Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C Street SW., Washington, DC 20472.


Jotham Allen, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202-646-1957.

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