Amendment to the Public Assistance Program's Simplified Procedures Project Thresholds, 10685-10686 [2014-04220]

Download as PDF Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 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 Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: 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 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:19 Feb 25, 2014 Jkt 232001 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 1 The 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. 2 See 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. 3 See 78 FR 64232 (Oct. 28, 2013). 4 44 CFR 206.202(d)(2). 5 Public Law 113–2, section 1107, codified in relevant part at 42 U.S.C. 5189. 6 See 42 U.S.C. 5189(b)(1). 7 A copy of the report is also available at http:// www.fema.gov/media-library/assets/documents/ 90458. 8 See 42 U.S.C. 5189(b)(2)(A). 9 See 5 U.S.C. 5189(b)(2)(B). PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 10685 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 10 See 42 U.S.C. 5189(b)(3). 5 U.S.C. 553. 12 FEMA’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. 11 See E:\FR\FM\26FER1.SGM 26FER1 10686 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations Management Agency amends 44 CFR part 206 as follows: PART 206—FEDERAL DISASTER ASSISTANCE 1. The authority citation for part 206 continues to read as follows: ■ Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security Delegation 9001.1; sec. 1105, Pub. L. 113–2, 127 Stat. 43 (42 U.S.C. 5189a note). 2. In § 206.202, in paragraph (d)(2), remove ‘‘$1,000’’ and add in its place ‘‘$3,000’’ and revise the second sentence to read as follows: ■ § 206.202 Application procedures. * * * * * (d) * * * (2) * * * Such $3,000 amount shall be adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor. * * * * * § 206.203 [Amended] 3. In § 206.203, in paragraphs (c)(1) and (2), remove the number ‘‘$35,000’’ and add, in its place, the number ‘‘$120,000’’ wherever it appears. ■ Dated: February 20, 2014. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2014–04220 Filed 2–25–14; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 1, 10, 11, 12, 13, 14, and 15 [Docket No. USCG–2014–0016] Policy Implementing the Standards of Training, Certification and Watchkeeping Final Rule; Notice of Availability Coast Guard, DHS. ACTION: Notification of availability. mstockstill on DSK4VPTVN1PROD with RULES AGENCY: The Coast Guard announces the availability of nine Navigation and Vessel Inspection Circulars (NVICs), which are the first set of a series of NVICs to implement the final rule that aligned Coast Guard regulations with amendments to the International SUMMARY: VerDate Mar<15>2010 17:30 Feb 25, 2014 Jkt 232001 Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and made changes to national endorsements. These NVICs will provide guidance to mariners concerning new regulations governing merchant mariner certificates and endorsements to Merchant Mariner Credentials (MMC). These NVICs are effective on February 26, 2014. DATES: If you have questions about this document, call or email Luke B. Harden, Mariner Credentialing Program Policy Division (CG–CVC–4), U.S. Coast Guard; telephone 202–372–2357, or MMCPolicy@uscg.mil. If you have questions on viewing material in the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Viewing Documents The nine NVICs listed below are available in the docket and can be viewed by going to www.regulations.gov, inserting USCG– 2014–0016 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ Discussion On December 24, 2014, the Coast Guard published a Final Rule in the Federal Register (78 FR 77796) to implement the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention), including the 2010 amendments to the STCW Convention, and the Seafarers’ Training, Certification and Watchkeeping Code. The final rule also made changes to reorganize, clarify, and update regulations for credentialing merchant mariners. In the future, the Coast Guard will issue additional NVICs to provide further guidance on the implementation of the new regulations regarding merchant mariner certificates and endorsements to MMCs. The nine NVICs listed below represent the first phase of this effort: 1. Guidance on the Issuance of Medical Certificates (NVIC 01–14). This NVIC describes policy for the issuance of medical certificates to merchant mariners. 2. Grandfathering and Transitional Provisions for Merchant Mariner Credentials (NVIC 02–14). This NVIC describes grandfathering and transitional provisions for MMCs. 3. Guidelines for Approval of Training Courses and Programs (NVIC 03–14). This NVIC describes policy for PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 documentation, submission, and approval of merchant mariner training. 4. Guidelines for Qualification for STCW Endorsements for Proficiency in Survival Craft and Rescue Boats Other Than Fast Rescue Boats (NVIC 04–14). This NVIC describes policy for merchant mariners to qualify for and renew MMC endorsements for Proficiency in Survival Craft and Proficiency in Survival Craft-Limited. 5. Guidelines for Qualification for STCW Endorsements for Proficiency in Fast Rescue Boats (NVIC 05–14). This NVIC describes policy for merchant mariners to qualify for and renew MMC endorsements for Proficiency in Fast Rescue Boats. 6. Guidelines for Qualification for STCW Endorsements as Rating Forming Part of a Navigational Watch (NVIC 06– 14). This NVIC describes policy for merchant mariners to qualify for and renew MMC endorsements as Rating Forming Part of a Navigational Watch. 7. Guidelines for Qualification for STCW Endorsements as Rating Forming Part of an Engineering Watch (NVIC 07– 14). This NVIC describes policy for merchant mariners to qualify for and renew MMC endorsements as Rating Forming Part of an Engineering Watch. 8. Guidelines for Qualification for STCW Endorsements for Basic Training (Formerly Basic Safety Training) (NVIC 08–14). This NVIC describes policy for merchant mariners to qualify for and renew endorsements to an MMC for Basic Training. 9. Guidelines for Qualification for STCW Endorsements for Advanced Firefighting (NVIC 09–14). This NVIC describes policy for merchant mariners to qualify for and renew MMC endorsements for Advanced Firefighting. Although all of these NVICs are important to the implementation of the new regulations, note that NVICs 01–14, 02–14, and 03–14 will be particularly helpful during the beginning of the transition to those regulations. Authority This document is issued under the authority of 5 U.S.C. 552(a). Dated: January 29, 2014. Jonathan C. Burton, Captain, U.S. Coast Guard, Director, Inspection & Compliance. [FR Doc. 2014–04177 Filed 2–25–14; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Rules and Regulations]
[Pages 10685-10686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04220]


=======================================================================
-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \1\ The 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.
    \2\ See 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-state-tribal-and-non-profit/public-assistance-guide-3.
    \3\ See 78 FR 64232 (Oct. 28, 2013).
    \4\ 44 CFR 206.202(d)(2).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \5\ Public Law 113-2, section 1107, codified in relevant part at 
42 U.S.C. 5189.
    \6\ See 42 U.S.C. 5189(b)(1).
    \7\ A copy of the report is also available at http://www.fema.gov/media-library/assets/documents/90458.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \8\ See 42 U.S.C. 5189(b)(2)(A).
    \9\ See 5 U.S.C. 5189(b)(2)(B).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

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

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-and-comment 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.
---------------------------------------------------------------------------

    \11\ See 5 U.S.C. 553.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \12\ FEMA'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.
---------------------------------------------------------------------------

    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

[[Page 10686]]

Management Agency amends 44 CFR part 206 as follows:

PART 206--FEDERAL DISASTER ASSISTANCE

0
1. The authority citation for part 206 continues to read as follows:

    Authority: Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1; sec. 1105, Pub. L. 113-2, 127 Stat. 43 (42 U.S.C. 
5189a note).


0
2. In Sec.  206.202, in paragraph (d)(2), remove ``$1,000'' and add in 
its place ``$3,000'' and revise the second sentence to read as follows:


Sec.  206.202  Application procedures.

* * * * *
    (d) * * *
    (2) * * * Such $3,000 amount shall be adjusted annually to reflect 
changes in the Consumer Price Index for All Urban Consumers published 
by the Department of Labor.
* * * * *


Sec.  206.203  [Amended]

0
3. In Sec.  206.203, in paragraphs (c)(1) and (2), remove the number 
``$35,000'' and add, in its place, the number ``$120,000'' wherever it 
appears.

    Dated: February 20, 2014.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-04220 Filed 2-25-14; 8:45 am]
BILLING CODE 9111-23-P