Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 10683 

from the requirement of a tolerance 

when used as solvents in cotton 

defoliant formulations containing 

thidiazuron and diuron as active 

ingredients. 

(b) N-(n-octyl)-2-pyrrolidone is 

exempt from the requirement of a 

tolerance when used as a solvent in 

formulations containing pyraflufenethyl as an active ingredient at a 

concentration not to exceed 20% by 

weight. 

[FR Doc. 2014–04099 Filed 2–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0389; FRL–9904–92] 

GS-omega/kappa-Hxtx-Hv1a; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of GS-omega/

kappa-Hxtx-Hv1a, in or on all food 

commodities when applied or used in 

accordance with label directions and 

good agricultural practices. Vestaron 

Corporation, submitted a petition to the 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of GSomega/kappa-Hxtx-Hv1a under FFDCA. 

DATES: This regulation is effective 

February 26, 2014. Objections and 

requests for hearings must be received 

on or before April 28, 2014, 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–2012–0389, 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: 

Susanne Cerrelli, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@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://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 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 the EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2012–0389 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 April 28, 2014. 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 the EPA without 

prior notice. Submit the non-CBI copy 

of your objection or hearing request, 

identified by docket ID number EPA– 

HQ–OPP–2012–0389, 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.html. 

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 

In the Federal Register of July 25, 

2012 (77 FR 43562) (FRL–9353–6), the 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 2F8014) 

by Vestaron Corporation, 4717 Campus 

Drive, Ste. 1200, Kalamazoo, MI 49008. 

The petition requested that 40 CFR part 

180 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of GS-omega/

kappa-Hxtx-Hv1a. That document 

referenced a summary of the petition 

prepared by the petitioner Vestaron 

Corporation, which is available in the 

docket, http://www.regulations.gov. No 

comments to the petition for GS-UACTX-Hv1a-SEQ2 tolerance exemption 

were received. A correction for the 

name of the active ingredient was 

published in the Federal Register of 

December 18, 2013 (78 FR 76589) (FRL– 

9904–17). The active ingredient, 

previously known as GS-U-ACTX-Hv1aSEQ2, was revised to GS-omega/kappaHxtx-Hv1a, based on acceptable 

nomenclature for naming peptide toxins 

from spiders. 

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10684 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 

III. Final Rule 

A. The EPA’s Safety Determination 

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

allows the EPA to establish an 

exemption from the requirement for a 

tolerance (the legal limit for a pesticide 

chemical residue in or on a food) only 

if the EPA determines that the 

exemption is ‘‘safe.’’ Section 

408(c)(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. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, the EPA must take into 

account the factors set forth in FFDCA 

section 408(b)(2)(C), which require the 

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. . . .’’ 

Additionally, FFDCA section 

408(b)(2)(D) requires that the Agency 

consider ‘‘available information 

concerning the cumulative effects of (a 

particular pesticide’s) residues . . . and 

other substances that have a common 

mechanism of toxicity.’’ 

The EPA evaluated the available 

toxicity and exposure data on GSomega/kappa-Hxtx-Hv1a and 

considered its validity, completeness, 

and reliability, as well as the 

relationship of this information to 

human risk. Based upon that evaluation, 

the EPA concludes that there is a 

reasonable certainty that no harm will 

result to the U.S. population, including 

infants and children, from aggregate 

exposure to residues of GS-omega/

kappa-Hxtx-Hv1a. Therefore, an 

exemption from the requirement of a 

tolerance is established for residues of 

GS-omega/kappa-Hxtx-Hv1a in or on all 

food commodities when applied or used 

in accordance with label directions and 

good agricultural practices. A full 

explanation of the data upon which the 

EPA relied and its risk assessment based 

on that data can be found within the 

November 21, 2013 document entitled 

‘‘Federal Food, Drug, and Cosmetic Act 

(FFDCA) Considerations for GS-omega/ 

kappa-Hxtx-Hv1a.’’ This document, as 

well as other relevant information, is 

available in the docket for this action as 

described under ADDRESSES. 

B. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

C. International Residue Limits 

In making its tolerance decisions, the 

EPA seeks to harmonize U.S. tolerances 

with international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. The 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. The 

EPA may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

the EPA explain the reasons for 

departing from the Codex level. 

The Codex has not established a MRL 

for GS-omega/kappa-Hxtx-Hv1a. 

IV. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. 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 on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance 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). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

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Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 10685 

1The Public Assistance program is authorized by 

the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, as amended, 42 U.S.C. 

5170b, 5172, 5173, 5192. 

2See 42 U.S.C. 5189; 44 CFR 206.203(c), 206.205. 

FEMA obligates money for a small project based on 

an estimate of the project cost; FEMA obligates 

money for a large project based on actual project 

costs as the project progresses and cost 

documentation is provided to FEMA. See 44 CFR 

206.203(c); Public Assistance Guide, FEMA 322 

(June 2007), Chapter 3, ‘‘Applying for Public 

Assistance,’’ ‘‘Project Formulation’’ available at 

http://www.fema.gov/public-assistance-local-statetribal-and-non-profit/public-assistance-guide-3. 

3See 78 FR 64232 (Oct. 28, 2013). 

4 44 CFR 206.202(d)(2). 

5Public Law 113–2, section 1107, codified in 

relevant part at 42 U.S.C. 5189. 

6See 42 U.S.C. 5189(b)(1). 

7A copy of the report is also available at http:// 

www.fema.gov/media-library/assets/documents/

90458. 

8See 42 U.S.C. 5189(b)(2)(A). 

9See 5 U.S.C. 5189(b)(2)(B). 

10See 42 U.S.C. 5189(b)(3). 

11See 5 U.S.C. 553. 

12FEMA’s current regulations require only a 

periodic review of the minimum threshold. See 44 

CFR 206.202(d)(2). Section 1107 of SRIA, however, 

requires an annual update based on the Consumer 

Price Index for All Urban Consumers published by 

the Department of Labor. 

Dated: February 3, 2014. 

Steven Bradbury, 

Director, 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. Add § 180.1324 to subpart D to read 

as follows: 

§ 180.1324 GS-omega/kappa-Hxtx-Hv1a; 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the pesticide GS-omega/kappa-HxtxHv1a in or on all food commodities 

when applied or used in accordance 

with label directions and good 

agricultural practices. 

[FR Doc. 2014–04092 Filed 2–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID FEMA–2014–0009] 

RIN 1660–AA81 

Amendment to the Public Assistance 

Program’s Simplified Procedures 

Project Thresholds 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is revising 

two dollar figures in its regulations 

governing the Public Assistance 

Program’s project thresholds. FEMA is 

revising the monetary thresholds for 

when FEMA will process an application 

using ‘‘simplified procedures.’’ 

DATES: This rule is effective February 

26, 2014. 

FOR FURTHER INFORMATION CONTACT: Liza 

Davis, Associate Chief Counsel, 

Regulatory Affairs, Office of Chief 

Counsel, FEMA, 202–646–4046, 

liza.davis@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: FEMA’s 

Public Assistance program provides 

grants to State, Tribal, and local 

governments, as well as eligible private 

nonprofit organizations, for debris 

removal, emergency protective 

measures, and the repair, replacement, 

or restoration of disaster-damaged 

facilities after a Presidentially-declared 

major disaster.1 Each grant award is 

categorized as either a large or small 

project, which is determined by a 

monetary threshold set each year by 

FEMA pursuant to statute.2 The 

maximum threshold for FY2014 is 

$68,500; 3 all projects below this amount 

are categorized as small projects, and all 

projects at or above this amount are 

categorized as large projects. In 

addition, each project must meet a 

minimum threshold of $1,000.4

The Sandy Recovery Improvement 

Act of 2013 (SRIA) 5 required FEMA to 

analyze the Public Assistance project 

thresholds and, within one year of 

SRIA’s passage, to submit a report to the 

Committee on Transportation and 

Infrastructure of the House of 

Representatives and the Committee on 

Homeland Security and Governmental 

Affairs of the Senate with its findings.6

On January 29, 2014, FEMA submitted 

this report to Congress, and a copy is 

included in the docket for this rule on 

www.regulations.gov under docket ID 

FEMA–2014–0009.7 In the report, 

FEMA recommends a maximum 

threshold of $120,000, and a minimum 

threshold of $3,000. 

SRIA requires FEMA to implement 

the new thresholds ‘‘immediately’’ 

following submission of the report to 

the Congress and ‘‘without regard to 

chapter 5 of title 5, United States 

Code.’’ 8 Accordingly, this action 

updates FEMA’s Public Assistance 

regulations with the new thresholds, 

which will both be adjusted annually to 

reflect changes in the Consumer Price 

Index for All Urban Consumers 

published by the Department of Labor.9

FEMA will be publishing a notice in 

the Federal Register in the near future 

to seek public comment on the report 

for the purpose of informing future 

revisions to the thresholds. SRIA 

requires FEMA to review the thresholds 

every three years.10

Administrative Procedure Act 

Generally, the Administrative 

Procedure Act (APA) requires a Federal 

agency to provide the public with notice 

and the opportunity to comment on 

agency rulemakings.11 Section 1107 of 

SRIA, however, directs FEMA to 

‘‘immediately establish a threshold for 

eligibility under this section in an 

appropriate amount, without regard to 

[5 U.S.C. chapter 5].’’ Accordingly, this 

action is not covered by the APA’s 

requirements related to notice-andcomment rulemaking, and FEMA is 

immediately establishing the new 

threshold for eligibility in the Code of 

Federal Regulations. By implementing 

the new thresholds via a final rule, 

FEMA meets the requirement of SRIA to 

implement the new thresholds 

‘‘immediately’’ and without the delay of 

a proposed rule and public comment 

period. 

The action is limited to updating two 

dollar figures related to FEMA’s 

procedures for handling certain grants 

(the minimum and maximum thresholds 

for PA projects) and adding the annual 

update requirement for the minimum 

threshold to reflect changes in the 

Consumer Price Index for All Urban 

Consumers published by the 

Department of Labor.12

For the same reasons discussed above, 

FEMA is implementing this change 

without the 30-day delayed effective 

date usually required under section 

553(d)(3) of the APA, as such a delay 

would be contrary to section 1107’s 

requirement to implement the 

thresholds ‘‘immediately.’’ 

List of Subjects in 44 CFR Part 206 

Administrative practice and 

procedure, Coastal zone, Community 

facilities, Disaster assistance, Fire 

prevention, Grant programs-housing and 

community development, Housing, 

Insurance, Intergovernmental relations, 

Loan programs-housing and community 

development, Natural resources, 

Penalties, and Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, the Federal Emergency 

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