67282 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 

Dated: November 2, 2012. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

Approved: November 2, 2012. 

David S. Cohen, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. 2012–27352 Filed 11–8–12; 8:45 am] 

BILLING CODE 4810–AL–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0755; FRL–9366–3] 

Dinotefuran; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

dinotefuran in or on pome fruits and 

stone fruits. This action is in response 

to EPA’s granting of emergency 

exemptions under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) authorizing use of the 

pesticide on pome fruits and stone 

fruits. This regulation establishes a 

maximum permissible level for residues 

of dinotefuran in or on these 

commodities. The time-limited 

tolerances expire on December 31, 2015. 

This regulation also makes the 

systematic chemical name for 

dinotefuran consistent within the 

section and with EPA’s policy on 

chemical nomenclature. 

DATES: This regulation is effective 

November 9, 2012. Objections and 

requests for hearings must be received 

on or before January 8, 2013, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0755, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Conrath, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9356; email address: 

conrath.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2012–0755 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before January 8, 2013. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2012–0755, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://www.

epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with FFDCA sections 408(e) 

and 408(l)(6), 21 U.S.C. 346a(e) and 

346a(1)(6), is establishing time-limited 

tolerances for combined residues of 

dinotefuran, (RS)-1-methyl-2-nitro-3- 

((tetrahydro-3- 

furanyl)methyl)guanidine, including its 

metabolites and degradates, in or on 

pome fruits and stone fruits at 1.0 part 

per million (ppm). These time-limited 

tolerances expire on December 31, 2015. 

Section 408(l)(6) of FFDCA requires 

EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under FIFRA section 18. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on FIFRA section 18 related 

time-limited tolerances to set binding 

precedents for the application of FFDCA 

section 408 and the safety standard to 

other tolerances and exemptions. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 


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Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 67283 

received any petition from an outside 

party. 

Section 18 of FIFRA authorizes EPA 

to exempt any Federal or State agency 

from any provision of FIFRA, if EPA 

determines that ‘‘emergency conditions 

exist which require such exemption.’’ 

EPA has established regulations 

governing such emergency exemptions 

in 40 CFR part 166. 

III. Emergency Exemptions for 

Dinotefuran on Pome Fruits and Stone 

Fruits and FFDCA Tolerances 

Several States requested emergency 

exemptions claiming that the abrupt 

increase and spread of damaging 

populations of the Brown Marmorated 

Stink Bug (BMSB) resulted in an urgent 

and non-routine pest control situation. 

The available insecticides for BMSB 

control are either ineffective, adversely 

impact integrated pest management 

programs, and/or have use limitations 

that make them unsuitable for seasonlong control of BMSB. The States 

asserted that without the use of 

dinotefuran as an additional pest 

management tool for pome and stone 

fruit orchards, uncontrolled infestations 

of BMSB are likely to result in economic 

losses in excess of 20%. After having 

reviewed the submissions, EPA 

determined that an emergency condition 

exists for these States, and that the 

criteria for approval of the emergency 

exemptions were met. EPA authorized 

specific exemptions under FIFRA 

section 18 for the use of dinotefuran on 

pome fruits and stone fruits for control 

of the BMSB in Delaware, Maryland, 

New Jersey, North Carolina, 

Pennsylvania, Virginia, and West 

Virginia. 

Consistent with the need to move 

quickly on the emergency exemptions in 

order to address an urgent non-routine 

situation and to ensure that the resulting 

food is safe and lawful, EPA is issuing 

these tolerances without notice and 

opportunity for public comment as 

provided in FFDCA section 408(l)(6). 

Although these time-limited tolerances 

expire on December 31, 2015, under 

FFDCA section 408(l)(5), residues of the 

pesticide not in excess of the amounts 

specified in the tolerances remaining in 

or on pome fruits and stone fruits after 

that date will not be unlawful, provided 

the pesticide was applied in a manner 

that was lawful under FIFRA, and the 

residues do not exceed a level that was 

authorized by these time-limited 

tolerances at the time of that 

application. EPA will take action to 

revoke these time-limited tolerances 

earlier if any experience with, scientific 

data on, or other relevant information 

on this pesticide indicate that the 

residues are not safe. 

Because these time-limited tolerances 

are being approved under emergency 

conditions, EPA has not made any 

decisions about whether dinotefuran 

meets FIFRA’s registration requirements 

for use on pome fruits and stone fruits 

or whether permanent tolerances for 

this use would be appropriate. Under 

these circumstances, EPA does not 

believe that these time-limited tolerance 

decisions serve as a basis for registration 

of dinotefuran by a State for special 

local needs under FIFRA section 24(c). 

Nor do these tolerances by themselves 

serve as the authority for persons in any 

State other than Delaware, Maryland, 

New Jersey, North Carolina, 

Pennsylvania Virginia, and West 

Virginia to use this pesticide on the 

applicable crops under FIFRA section 

18 absent the issuance of an emergency 

exemption applicable within that State. 

For additional information regarding the 

emergency exemptions for dinotefuran, 

contact the Agency’s Registration 

Division at the address provided under 

FOR FURTHER INFORMATION CONTACT. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue * * *.’’ 

As part of its evaluation of the 

emergency exemption applications, EPA 

assessed the potential risks presented by 

residues of dinotefuran in or on pome 

fruits and stone fruits. In doing so, EPA 

considered the safety standard in 

FFDCA section 408(b)(2), and EPA 

decided that the necessary tolerances 

under FFDCA section 408(l)(6) would be 

consistent with the safety standard and 

with FIFRA section 18. 

EPA has evaluated the use of 

dinotefuran on pome fruits and stone 

fruits, as well as various other crops, 

and recently established tolerances for 

similar use patterns, in the Federal 

Register issue of September 12, 2012 (77 

FR 56133) (FRL–9359–6) in association 

with requests for tolerances to support 

registrations of dinotefuran under 

section 3 of FIFRA. 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for dinotefuran 

including exposure resulting from the 

tolerances established by this action. 

In the September 12, 2012 Federal 

Register issue, EPA published a final 

rule establishing tolerances for residues 

of dinotefuran in 40 CFR 180.603(a) in 

or on berry, low growing, except 

strawberry, subgroup 13–07H; fruit, 

small, vine climbing, except fuzzy 

kiwifruit, subgroup 13–07F; onion, bulb, 

subgroup 3–07A; onion, green, subgroup 

3–07B; peach; tea, dried; vegetable, 

tuberous and corm, subgroup 1C; and 

watercress. A summary of the 

toxicological endpoints for dinotefuran 

used for human risk assessment is 

discussed in Units III.A. and B. of the 

September 12, 2012 final rule. 

The human health risk assessment 

used to support the September 12, 2012 

final rule (‘‘Dinotefuran: Human Health 

Risk Assessment for Proposed Section 3 

Uses on Tuberous and Corm Vegetables 

Subgroup 1C, Onion Subgroup 3–07A, 

Onion Subgroup 3–07B, Small Fruit 

Subgroup 13–07F, Berry Subgroup 13– 

07H, Peach, and Watercress, And a 

Tolerance on Imported Tea’’), took into 

account the assumption that dinotefuran 

would be used on pome fruits and stone 

fruits pursuant to emergency 

exemptions. 

Therefore the aggregate risks for 

dinotefuran for this action are not 

changed from those discussed in the 

September 12, 2012 final rule. 

In its aggregate assessment of 

exposures and risks associated with 

dinotefuran, EPA concluded the 

following: That the acute dietary 

exposure from food and water to 

dinotefuran will occupy 5.8% of the 

acute population adjusted dose (aPAD) 

for children 1–2 years old, the 

population group receiving the greatest 

exposure; that chronic exposure to 

dinotefuran from food and water will 

utilize 2.6% of the chronic population 

adjusted dose (cPAD) for children 1–2 

years old, the population group 


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67284 Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 

receiving the greatest exposure; and that 

the combined short-term risk from food, 

water, and residential exposures result 

in an aggregate margin of exposure 

(MOE) of 3,000 for children 1–2 years 

old from hand to mouth exposure from 

treated turf, the scenario with the 

highest exposure. Because EPA’s level 

of concern for dinotefuran is a MOE of 

100 or below, the MOEs are not of 

concern. Based on the lack of evidence 

of carcinogenicity in two adequate 

rodent carcinogenicity studies, 

dinotefuran is not expected to pose a 

cancer risk to humans. 

Therefore, EPA concluded that there 

is a reasonable certainty that no harm 

will result to the general population and 

to infants and children from aggregate 

exposure to dinotefuran residues. Refer 

to the September 12, 2012 final rule, 

available at http://www.regulations.gov, 

for a summary of the aggregate risk 

assessments and determination of 

safety. A more detailed discussion of the 

aggregate risk assessments and 

determination of safety may be found at 

http://www.regulations.gov in the 

document titled ‘‘Revised: Dinotefuran: 

Human Health Risk Assessment for 

Proposed Section 3 Uses on Tuberous 

and Corm Vegetables Subgroup 1C, 

Onion Subgroup 3–07A, Onion 

Subgroup 3–07B, Small Fruit Subgroup 

13–07F, Berry Subgroup 13–07H, Peach, 

and Watercress, And a Tolerance on 

Imported Tea’’ in docket ID number 

EPA–HQ–OPP–2011–0433. 

EPA relies upon those risk 

assessments and the findings made in 

the Federal Register document in 

support of this action. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

There are several analytical methods 

available for determination of residues 

of dinotefuran and its metabolites. For 

determination of dinotefuran and its 

metabolites, DN, 1-methyl-3-(tetrahydro3-furylmethyl)guanidine, and UF, 1- 

methyl-3-(tetrahydro-3- 

furylmethyl)urea, a high performance 

liquid chromatography/tandem mass 

spectrometry (HPLC/MS/MS) method is 

available. For the determination of 

residues of dinotefuran only, an HPLC/ 

ultraviolet (UV) detection method is 

available. For the determination of only 

the metabolites (DN and UF), HPLC/MS 

and HPLC/MS/MS methods are 

available. These methods are adequate 

to enforce the tolerance expression. 

The methods may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

email address: residuemethods@epa.

gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

There are currently no Codex, 

Canadian or Mexican MRLs established 

for dinotefuran. 

VI. Conclusion 

Therefore, time-limited tolerances are 

established for residues of dinotefuran, 

(RS)-1-methyl-2-nitro-3-((tetrahydro-3- 

furanyl)methyl)guanidine, including its 

metabolites and degradates, in or on 

fruit, pome, group 11 and fruit, stone, 

group 12 at 1.0 ppm. These tolerances 

expire on December 31, 2015. 

EPA is also revising 40 CFR 

180.603(b) to use the same systematic 

chemical name for dinotefuran as is 

presently used in 40 CFR 180.603(a), for 

purposes of consistency within the 

section and with EPA’s policy regarding 

chemical nomenclature. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA sections 408(e) and 

408(l)(6). The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established in accordance with 

FFDCA sections 408(e) and 408(l)(6), 

such as the tolerances in this final rule, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 218 / Friday, November 9, 2012 / Rules and Regulations 67285 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 1, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.603, revise paragraph (b) to 

read as follows: 

§ 180.603 Dinotefuran; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances are established 

for residues of dinotefuran, (RS)-1- 

methyl-2-nitro-3-((tetrahydro-3- 

furanyl)methyl)guanidine, including its 

metabolites and degradates, in or on the 

commodities in the following table, 

resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. Compliance 

with the tolerance levels specified in the 

table is to be determined by measuring 

only the sum of dinotefuran and its 

metabolites DN, 1-methyl-3-(tetrahydro3-furylmethyl)guanidine, and UF, 1- 

methyl-3-(tetrahydro-3- 

furylmethyl)urea, calculated as the 

stoichiometric equivalent of 

dinotefuran, in or on the commodities 

listed in the table. The tolerances expire 

and are revoked on the dates specified 

in the table. 

Commodity Parts per 

million 

Expiration/revocation date 

Fruit, pome, group 11 .............................................................................................................................................. 1.0 12/31/15 

Fruit, stone, group 12 .............................................................................................................................................. 1.0 12/31/15 

Rice, grain ................................................................................................................................................................ 2.8 12/31/12 

* * * * * 

[FR Doc. 2012–27403 Filed 11–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID FEMA–2012–0004] 

RIN 1660–AA75 

Debris Removal: Eligibility of Force 

Account Labor Straight-Time Costs 

Under the Public Assistance Program 

for Hurricane Sandy 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim final rule. 

SUMMARY: The Fiscal Year 2007 

Department of Homeland Security 

Appropriations Act authorized a Public 

Assistance Pilot Program intended to 

reduce the costs to the Federal 

government of providing assistance to 

States and local governments; increase 

flexibility in the administration of 

assistance; and expedite the provision of 

assistance under the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act. Due to the current 

pressing need for efficient and timely 

recovery from a catastrophic disaster 

event, Hurricane Sandy, which has cast 

widespread debris over a major portion 

of the eastern seaboard of the United 

States, this rule implements one of the 

debris-related Public Assistance Pilot 

procedures: it allows for the 

reimbursement of the straight- or regular 

time salaries and benefits of the 

employees of Public Assistance 

applicants who perform disaster-related 

debris and wreckage removal work for 

any major disaster or emergency 

declared by the President on or after 

October 27, 2012, in response to 

Hurricane Sandy. 

DATES: This interim final rule is 

effective November 9, 2012, and 

applicable October 27, 2012. Comments 

must be submitted by January 8, 2013. 

ADDRESSES: You may submit comments, 

identified by Docket ID FEMA–2012– 

0004, by one of the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail/Hand Delivery/Courier: 

Regulatory Affairs Division, Office of 

Chief Counsel, Federal Emergency 

Management Agency, Room 835, 500 C 

Street, SW., Washington, DC 20472. 

FOR FURTHER INFORMATION CONTACT: 

William Roche, Director, Public 

Assistance Division, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472–3100, (phone) 

202–212–2340; or (email) 

William.Roche@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Public Assistance Program 

1. General 

Each year, the United States is struck 

by natural disasters, which may include 

events such as storms, earthquakes, 

volcanic eruptions, and landslides, as 

well as events that occur from various 

other causes, such as fires, floods, and 

explosions. When a locality is, or will 

be, overwhelmed by the magnitude of 

the damage from any such event, the 

community turns to the State for help. 

If it is evident that the situation is or 

will be beyond the combined 

capabilities of local and State resources, 

the Governor may request that the 

President declare that an emergency or 

major disaster exists in the State, under 

the authority of the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act (Stafford Act), 42 U.S.C. 

5121–5207. 

If the President declares an emergency 

or major disaster and authorizes Public 

Assistance, FEMA may award Public 

Assistance grants to assist State and 

local governments (including Indian 

Tribal governments) and certain private 

nonprofit (PNP) organizations as 

defined in subpart H of 44 CFR part 206 

(collectively referred to as ‘‘applicants,’’ 

‘‘grantees,’’ or ‘‘subgrantees’’). Public 

Assistance grants assist State, Tribal, 

and local governments with the 

response to and recovery from the 

declared event. Specifically, the Public 

Assistance program provides assistance 

for debris removal, emergency 

protective measures, and permanent 

restoration of public infrastructure. 

FEMA refers to debris removal and 

emergency protective measures as 

‘‘emergency work.’’ FEMA also 

categorizes these types of work as 

Category A (debris removal) and 

Category B (emergency protective 

measures). Category B includes debris 

removal costs that are incurred as 

emergency protective measures, such as 


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