[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]               
[Page 44216-44217]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-78]                         

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FEDERAL EMERGENCY MANAGEMENT AGENCY

 
Cerro Grande Fire Assistance

AGENCY: Office of Cerro Grande Fire Claims (OCGFC), Federal Emergency 
Management Agency (FEMA).

ACTION: Notice of deadline for reopening a claim.

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SUMMARY: This notice establishes the deadline by which claimants must 
submit requests to reopen closed claims under the Cerro Grande Fire 
Assistance Act.
    Dates for Reopening Claims: The deadline to request that FEMA 
reopen a claim is August 28, 2002, except for requests to reopen a 
claim for mitigation assistance. The deadline to request that a claim 
be reopened for mitigation assistance is August 28, 2003.
    All requests to reopen a claim for any reason other than to request 
mitigation assistance must meet the requirements of 44 CFR 295.34 and 
be received by OCGFC on or before August 28, 2002. A claim that has 
been approved for reopening after August 28, 2002 to receive mitigation 
assistance will not be reopened again.
    Requests to reopen claims that have been administratively closed 
under 44 CFR 295.30(b) for failure to submit a proof of loss or under 
44 CFR 295.32(b) for failure to timely submit a release and 
certification form must include a proof of loss or release and 
certification form, whichever is applicable, signed by all

[[Page 44217]]

adult claimants who signed the notice of loss form, and OCGFC must 
receive the requests within the deadlines specified above. We expect a 
claimant to act in a timely fashion to provide all documentation 
required for OCGFC to evaluate a request for additional compensation or 
mitigation assistance. A claimant will have 30 days from the date the 
claim is reopened to submit all additional documentation required for 
OCGFC to evaluate the claim for additional compensation or mitigation 
assistance.

FOR FURTHER INFORMATION CONTACT: Robert Diaz, Staff Attorney, Office of 
Cerro Grande Fire Claims, P.O. Box 1480, Los Alamos, NM 87544, (505) 
424-5900.

SUPPLEMENTARY INFORMATION: FEMA published final regulations in the 
Federal Register implementing the Cerro Grande Fire Assistance Act 
(Pub. L. 106-246) on March 21, 2001 as 44 CFR part 295. The rule sets 
out in 44 CFR 295.34(b) criteria for reopening a closed claim, 
authorizes the Director, Office of Cerro Grande Fire Claims to 
establish a deadline by which a claimant must submit a request to 
reopen, and provides that once FEMA establishes the deadline is 
established, FEMA must publish a notice in the Federal Register. This 
constitutes the Federal Register publication of that notice.
    Under 44 CFR 295.34, ``Reopening a Claim,'' and implementing OCGFC 
policy, the Director may reopen a claim upon written request from the 
claimant if:
    1. Claimant is eligible for mitigation under section 295.21(d)(3) 
or (h); or
    2. Claimant has closed on the sale of real property not later than 
August 28, 2002 and desires to file a diminution claim under 44 CFR 
295.21(e); or
    3. Claimant's actual replacement costs for the destroyed home 
exceed those awarded under Option I ``Other Costs'' or Option II of the 
Home Replacement Policy; or
    4.The Director determines that claimant has demonstrated good 
cause; or
    5. Claimant has begun rebuilding a replacement home and has 
incurred additional, unforeseen alternative living expenses (ALE) (also 
known as loss of use compensation) beyond those for which advance ALE 
was paid; or
    6. Claimant has discovered additional items of personal property 
that were not included in the original Proof of Loss.
    7. Claimant has incurred or will incur costs associated with 
additional and/or specific site work under the Home Replacement Policy.
    Requests to reopen claims that have been administratively closed 
under 44 CFR 295.30(b) for failure to submit a proof of loss or under 
44 CFR 295.32(b) for failure to timely submit a release and 
certification form must include a proof of loss or release and 
certification form, whichever is applicable, signed by all adult 
claimants who signed the notice of loss form. OCGFC must receive the 
requests within the deadlines specified above.
    We expect a claimant to act in a timely fashion to provide all 
documentation required for OCGFC to evaluate a request for additional 
compensation or mitigation assistance. A claimant will have 30 days 
from the date the claim is reopened to submit all additional 
documentation required for OCGFC to evaluate the claim for additional 
compensation or mitigation assistance.
    Claimants who seek to reopen a claim for good cause must provide 
sufficiently detailed written information to permit OCGFC to evaluate 
whether good cause exists to reopen the claim. OCGFC has published and 
made available to the public policy guidelines explaining the criteria 
used to evaluate requests for reopen for good cause.
    Such requests are determined on a case-by-case basis through 
application of the policy criteria.

    Dated: June 21, 2002.
Mark D. Wallace,
Deputy General Counsel.
[FR Doc. 02-16423 Filed 6-28-02; 8:45 am]
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