Code of Federal Regulations Title 44 - Emergency Management and Assistance
Title 44 of the Code of Federal Regulations (CFR), titled "Emergency Management and Assistance," contains the principal set of rules and regulations issued by federal agencies concerning emergency preparedness, response, recovery, and mitigation in the United States.
This title is primarily overseen by the Federal Emergency Management Agency (FEMA), which is an agency within the Department of Homeland Security (DHS). FEMA is the lead federal agency for coordinating the nation's response to all hazards, including natural disasters (like hurricanes, earthquakes, floods, wildfires) and man-made incidents (like acts of terrorism).
Here's a general overview of the key areas and types of content you'll find in Title 44 CFR, largely reflecting the implementation of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) and other related laws:
I. Chapter I: Federal Emergency Management Agency, Department of Homeland Security (Parts 0 - 399)
This is the most substantial part of Title 44 and covers the vast majority of FEMA's regulations.
Subchapter A—General (Parts 0-49):
Part 1: Rulemaking; Policy and Procedures: Outlines how FEMA develops and promulgates its regulations.
Part 4: Intergovernmental Review of Federal Emergency Management Agency (FEMA) Programs and Activities: Details procedures for states and local governments to review and comment on FEMA programs.
Part 5: Production or Disclosure of Information: Covers Freedom of Information Act (FOIA) requests for FEMA records.
Part 7: Nondiscrimination in Federally-Assisted Programs: Implements civil rights provisions (Title VI of the Civil Rights Act of 1964) for FEMA-funded programs.
Part 9: Floodplain Management and Protection of Wetlands: Regulations concerning environmental review and protection of floodplains and wetlands in FEMA-assisted projects.
Part 11: Claims: Procedures for filing claims against FEMA.
Part 16: Enforcement of Nondiscrimination on the Basis of Handicap: Implements Section 504 of the Rehabilitation Act of 1973 for FEMA's programs and activities.
Part 25: Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs: Rules for fair and consistent treatment of persons displaced by federal or federally assisted programs.
Subchapter B—Insurance and Hazard Mitigation (Parts 50-149):
Parts 59-78: National Flood Insurance Program (NFIP): This is a critical section, detailing the rules for the NFIP, including:
Part 59: General Provisions: Definitions and overall framework of the NFIP.
Part 60: Criteria for Land Management and Use: Community participation requirements, including adoption of floodplain management ordinances.
Part 61: Insurance Coverage and Rates: Rules for flood insurance policies, including eligibility, coverage limits, and premium setting.
Part 64: Communities Eligible for the Sale of Insurance: Lists participating communities.
Part 65: Identification and Mapping of Special Hazard Areas: Processes for flood hazard mapping and flood insurance rate maps (FIRMs).
Part 67: Appeals from Proposed Flood Elevation Determinations: Procedures for communities and individuals to appeal flood map determinations.
Part 70: Procedure for Map Correction: How to request changes or corrections to flood maps.
Parts 79-99: Flood Mitigation Assistance: Regulations for programs designed to reduce flood risk, such as the Flood Mitigation Assistance (FMA) Grant Program.
Part 150: Property Acquisition and Relocation for Open Space: Rules for acquiring flood-prone properties for open space purposes.
Subchapter C—Fire Prevention and Control (Parts 150-199):
Parts 150-153: General and Specific Programs: Rules for programs like the Fire Prevention and Control Program and the Urban Search and Rescue Task Force System.
Part 155: Disaster Assistance for Rural Communities: Special provisions for rural areas.
Subchapter D—Disaster Assistance (Parts 200-294):
Part 201: Mitigation Planning: Requirements for state, local, and tribal hazard mitigation plans, which are a prerequisite for receiving many types of federal disaster assistance.
Part 204: Fire Management Assistance Grant Program: Provides financial assistance to states for costs associated with fighting wildfires.
Part 206: Federal Disaster Assistance: This is one of the most frequently referenced parts. It details the comprehensive regulations for:
The Declaration Process: How a Governor requests a Presidential Major Disaster or Emergency Declaration.
Emergency Assistance: Immediate response and life-saving measures.
Federal Assistance to Individuals and Households (IHP): Programs like financial assistance for housing, critical needs, and other needs assistance for disaster survivors.
Public Assistance (PA) Program: Financial assistance to state, local, and tribal governments, and certain private non-profit organizations for disaster-related debris removal, emergency protective measures, and restoration of damaged public facilities.
Hazard Mitigation Grant Program (HMGP): Funds for long-term hazard mitigation projects after a major disaster declaration.
Subchapter F—Preparedness (Parts 300-399):
Part 300: Disaster Preparedness Assistance: Grant programs and assistance for preparedness activities.
Part 332: National Urban Search and Rescue Response System: Rules for the national network of specialized search and rescue teams.
Part 350: Catastrophic Incident Annex: Planning for catastrophic events.
Part 361: Community Disaster Loans: Loans to local governments experiencing a substantial loss of revenue due to a major disaster.
II. Chapter IV: Department of Commerce and Department of Transportation (Parts 400-499)
This chapter appears to be largely reserved or to contain historical regulations. For example, it might have once covered shipping restrictions or other specific areas that have since been moved or are not actively used.
Key Concepts in Title 44 CFR:
Stafford Act: The overarching authority for most federal disaster relief and emergency assistance programs.
National Incident Management System (NIMS) and National Response Framework (NRF): While not directly codified in Title 44, these national frameworks provide the doctrine and structure for incident management, and FEMA's regulations support their implementation.
Disaster Declarations: The formal process by which the President declares a major disaster or emergency, unlocking federal assistance.
Mitigation: Actions taken to reduce the loss of life and property by lessening the impact of disasters.
Response: Actions taken immediately before, during, or after an incident to save lives, protect property, and meet basic human needs.
Recovery: The process of restoring, redeveloping, and revitalizing a community after a disaster.
Where to Find the Full Text:
GovInfo (U.S. Government Publishing Office): Provides the official, published editions of the CFR in PDF format.
Legal Information Institute (LII) at Cornell Law School: Offers a user-friendly version of the CFR.
FEMA's Official Website: While not the primary source for the full CFR text, the FEMA website (www.fema.gov) is an invaluable resource for understanding their programs, policies, guidance documents, and often links directly to relevant regulations or summaries.
Title 44 CFR is absolutely essential for emergency managers, state and local government officials, first responders, disaster survivors, insurance professionals, and anyone involved in disaster preparedness, response, and recovery efforts in the United States.
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