Tetrachlorvinphos; Extension of Time-Limited Interim Pesticide Tolerances, 57657-57659 [2011-23815]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
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) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
EPA consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
XI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 174
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 8, 2011.
Keith Matthews,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 174—[AMENDED]
1. The authority citation for part 174
continues to read as follows:
■
Authority: 7 U.S.C. 136–136y; 21 U.S.C.
346a and 371.
2. Section 174.532 is revised to read
as follows:
■
erowe on DSK2VPTVN1PROD with RULES
§ 174.532 Bacillus thuringiensis eCry3.1Ab
protein in corn; temporary exemption from
the requirement of a tolerance.
Residues of Bacillus thuringiensis
eCry3.1Ab protein in corn, in or on the
food and feed commodities of corn;
corn, field; corn, sweet; and corn, pop
are exempt temporarily from the
requirement of a tolerance when
Bacillus thuringiensis eCry3.1Ab
protein in corn is used as a plant-
VerDate Mar<15>2010
13:06 Sep 15, 2011
Jkt 223001
incorporated protectant in accordance
with the terms of Experimental Use
Permit 67979–EUP–8. This temporary
exemption from the requirement of a
tolerance expires on December 31, 2013.
[FR Doc. 2011–23813 Filed 9–15–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0360; FRL–8887–5]
Tetrachlorvinphos; Extension of TimeLimited Interim Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
extension of time-limited interim
tolerances for the combined residues of
the insecticide tetrachlorvinphos [(Z)-2chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its
metabolites, 1-(2,4,5-trichlorophenyl)ethanol (free and conjugated forms),
2,4,5-trichloroacetophenone, and 1(2,4,5-trichlorophenyl)-ethanediol, in or
on multiple commodities which will be
identified later in this document, under
the Federal Food, Drug, and Cosmetic
Act (FFDCA). The time-limited
tolerances expire on March 18, 2013.
DATES: This regulation is effective
September 16, 2011. Objections and
requests for hearings must be received
on or before November 15, 2011, 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: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2011–0360. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
57657
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Carmen Rodia, Registration Division
(7504P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460–0001; telephone
number: (703) 306–0327; fax number:
(703) 308–0029; e-mail address:
rodia.carmen@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. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How can I get electronic access to
other related information?
In addition to accessing electronically
available documents at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the Federal Register listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR cite at https://
www.gpoaccess.gov/ecfr.
C. How can I file an objection or hearing
request?
Under section 408(g) of 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. The EPA procedural
E:\FR\FM\16SER1.SGM
16SER1
57658
Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
erowe on DSK2VPTVN1PROD with RULES
regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
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–2011–0360 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before November 15, 2011.
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 that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2011–0360, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg., 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background
A detailed summary of the
background related to EPA’s proposal to
extend the time-limited interim
tolerances for the combined residues of
the insecticide tetrachlorvinphos,
including its metabolites, in or on
multiple commodities can be found in
the Federal Register of June 8, 2011 (76
FR 33184) (FRL–8874–7), by going to
https://www.regulations.gov, and is
hereby incorporated by reference. The
referenced document is available in the
docket established by this action, which
is described under ADDRESSES. Locate
and click on the hyperlink for docket ID
number EPA–HQ–OPP–2011–0360.
Double-click on the document to view
the referenced background summary
information on pages 33186–33187.
VerDate Mar<15>2010
13:06 Sep 15, 2011
Jkt 223001
Two anonymous comments were
received in response to the referenced
proposal. These comments were nonsubstantive in nature and totally
unrelated to EPA’s proposal.
III. Conclusion
Therefore, an extension of the timelimited interim tolerances is established
for the combined residues of the
insecticide tetrachlorvinphos [(Z)-2chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its
metabolites, 1-(2,4,5-trichlorophenyl)ethanol (free and conjugated forms),
2,4,5-trichloroacetophenone, and 1(2,4,5-trichlorophenyl)-ethanediol, in or
on cattle, fat (of which no more than 0.1
ppm is tetrachlorvinphos per se) at 0.2
parts per million (ppm); cattle, kidney
(of which no more than 0.05 ppm is
tetrachlorvinphos per se) at 1.0 ppm;
cattle, liver (of which no more than 0.05
ppm is tetrachlorvinphos per se) at 0.5
ppm; cattle, meat (of which no more
than 2.0 ppm is tetrachlorvinphos per
se) at 2.0 ppm; cattle, meat byproducts,
except kidney and liver at 1.0 ppm; egg
(of which no more than 0.05 ppm is
tetrachlorvinphos per se) at 0.2 ppm;
hog, fat (of which no more than 0.1 ppm
is tetrachlorvinphos per se) at 0.2 ppm;
hog, kidney (of which no more than 0.05
ppm is tetrachlorvinphos per se) at 1.0
ppm; hog, liver (of which no more than
0.05 ppm is tetrachlorvinphos per se) at
0.5 ppm; hog, meat (of which no more
than 2.0 ppm is tetrachlorvinphos per
se) at 2.0 ppm; hog, meat byproducts,
except kidney and liver at 1.0 ppm;
milk, fat (reflecting negligible residues
in whole milk and of which no more
than 0.05 ppm is tetrachlorvinphos per
se) at 0.05 ppm; poultry, fat (of which
no more than 7.0 ppm is
tetrachlorvinphos per se) at 7.0 ppm;
poultry, liver (of which no more than
0.05 ppm is tetrachlorvinphos per se) at
2.0 ppm; poultry, meat (of which no
more than 3.0 ppm is tetrachlorvinphos
per se) at 3.0 ppm; and poultry, meat
byproducts, except liver at 2.0 ppm, for
a period of 18 months following the date
of publication of this final rule in the
Federal Register. A time-limitation has
been imposed in order to provide the
Agency with additional time to
complete the reviews of the submitted
livestock Magnitude of Residue (MOR)
data, storage stability data, and the
waiver request for the swine MOR data.
As a result, these time-limited interim
tolerances will expire on March 18,
2013.
IV. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under section 408(e) of FFDCA. The
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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).
In addition, under the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed
whether establishing tolerances,
exemptions from tolerances, raising
tolerance levels, or expanding
exemptions might adversely impact
small entities and concluded, as a
generic matter, that there is no adverse
economic impact. The factual basis for
the Agency’s generic certification for
tolerance actions was published on May
4, 1981 (46 FR 24950), and was
provided to the Chief Counsel for
Advocacy of the Small Business
Administration.
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 section 408(n)(4) of FFDCA. 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
E:\FR\FM\16SER1.SGM
16SER1
57659
Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
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), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 this final rule in the
Federal Register. This final rule 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.
Dated: September 8, 2011.
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. Section 180.252 is revised to read
as follows:
■
§ 180.252 Tetrachlorvinphos; tolerances
for residues.
(a) General. Tolerances are
established for the combined residues of
the insecticide tetrachlorvinphos [(Z)-2chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its
metabolites, 1-(2,4,5-trichlorophenyl)ethanol (free and conjugated forms),
2,4,5-trichloroacetophenone, and 1(2,4,5-trichlorophenyl)-ethanediol, in or
on the following commodities:
Commodity
Parts per million
Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ...............................................
Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) .......................................
Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...........................................
Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ...........................................
Cattle, meat byproducts, except kidney and liver ...................................................................................
Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) .......................................................
Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ..................................................
Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ..........................................
Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ..............................................
Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ..............................................
Hog, meat byproducts, except kidney and liver ......................................................................................
Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is
tetrachlorvinphos per se).
Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) ..............................................
Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) .........................................
Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) ..........................................
Poultry, meat byproducts, except liver ....................................................................................................
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2011–23815 Filed 9–15–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 281
[EPA–R10–UST–2011–0097; FRL–9465–3]
petroleum and hazardous substances
under subtitle I of the Resource
Conservation and Recovery Act (RCRA).
The United States Environmental
Protection Agency (EPA) has reviewed
the State of Oregon’s application and
has made a final determination that the
State of Oregon’s underground storage
tank program for petroleum and
hazardous substances satisfies all of the
requirements necessary to qualify for
final approval. Thus, EPA is granting
final approval to the State of Oregon to
operate its underground storage tank
program for petroleum and hazardous
substances.
erowe on DSK2VPTVN1PROD with RULES
Oregon: Final Approval of State
Underground Storage Tank Program
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final determination.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
The State of Oregon has
applied for final approval of its
underground storage tank program for
SUMMARY:
VerDate Mar<15>2010
13:06 Sep 15, 2011
Jkt 223001
Effective Date: Final approval for
the State of Oregon shall be effective on
September 16, 2011.
Katherine Griffith, U.S. Environmental
Protection Agency, Region 10, 1200
Sixth Avenue, Suite 900, Mail Stop:
OCE–082, Seattle, WA 98101, phone
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Expiration/revocation
date
0.2
1.0
0.5
2.0
1.0
0.2
0.2
1.0
0.5
2.0
1.0
0.05
March
March
March
March
March
March
March
March
March
March
March
March
18,
18,
18,
18,
18,
18,
18,
18,
18,
18,
18,
18,
2013.
2013.
2013.
2013.
2013.
2013.
2013.
2013.
2013.
2013.
2013.
2013.
7.0
2.0
3.0
2.0
March
March
March
March
18,
18,
18,
18,
2013.
2013.
2013.
2013.
number: (206) 553–2901, e-mail:
griffith.katherine@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of the Resource
Conservation and Recovery Act (RCRA),
42 U.S.C. 6991c, authorizes EPA to
approve underground storage tank
programs to operate in the State in lieu
of the federal underground storage tank
(UST) program. To qualify for final
approval, a state’s program must be ‘‘no
less stringent’’ than the federal program
in all eight elements set forth at section
9004(a)(1) through (7) and (9) of RCRA,
42 U.S.C. 6991c(a)(1) through (7) and
(9); include the notification
requirements of RCRA section
9004(a)(8) and provide for adequate
enforcement of compliance with UST
standards (section 9004(a) of RCRA, 42
U.S.C. 6991c(a)). Note that the Energy
Policy Act of 2005 added state-specific
operator training requirements as a state
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57657-57659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23815]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2011-0360; FRL-8887-5]
Tetrachlorvinphos; Extension of Time-Limited Interim Pesticide
Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an extension of time-limited
interim tolerances for the combined residues of the insecticide
tetrachlorvinphos [(Z)-2-chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its metabolites, 1-(2,4,5-
trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5-
trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol, in or
on multiple commodities which will be identified later in this
document, under the Federal Food, Drug, and Cosmetic Act (FFDCA). The
time-limited tolerances expire on March 18, 2013.
DATES: This regulation is effective September 16, 2011. Objections and
requests for hearings must be received on or before November 15, 2011,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2011-0360. All documents in the
docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Carmen Rodia, Registration Division
(7504P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0001; telephone
number: (703) 306-0327; fax number: (703) 308-0029; e-mail address:
rodia.carmen@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.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How can I get electronic access to other related information?
In addition to accessing electronically available documents at
https://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the Federal
Register listings at https://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's e-CFR cite at https://www.gpoaccess.gov/ecfr.
C. How can I file an objection or hearing request?
Under section 408(g) of 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. The EPA procedural
[[Page 57658]]
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. 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-2011-0360 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before November 15, 2011.
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 that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2011-0360, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg., 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted
during the Docket Facility's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
II. Background
A detailed summary of the background related to EPA's proposal to
extend the time-limited interim tolerances for the combined residues of
the insecticide tetrachlorvinphos, including its metabolites, in or on
multiple commodities can be found in the Federal Register of June 8,
2011 (76 FR 33184) (FRL-8874-7), by going to https://www.regulations.gov, and is hereby incorporated by reference. The
referenced document is available in the docket established by this
action, which is described under ADDRESSES. Locate and click on the
hyperlink for docket ID number EPA-HQ-OPP-2011-0360. Double-click on
the document to view the referenced background summary information on
pages 33186-33187. Two anonymous comments were received in response to
the referenced proposal. These comments were non-substantive in nature
and totally unrelated to EPA's proposal.
III. Conclusion
Therefore, an extension of the time-limited interim tolerances is
established for the combined residues of the insecticide
tetrachlorvinphos [(Z)-2-chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its metabolites, 1-(2,4,5-
trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5-
trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol, in or
on cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per
se) at 0.2 parts per million (ppm); cattle, kidney (of which no more
than 0.05 ppm is tetrachlorvinphos per se) at 1.0 ppm; cattle, liver
(of which no more than 0.05 ppm is tetrachlorvinphos per se) at 0.5
ppm; cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos
per se) at 2.0 ppm; cattle, meat byproducts, except kidney and liver at
1.0 ppm; egg (of which no more than 0.05 ppm is tetrachlorvinphos per
se) at 0.2 ppm; hog, fat (of which no more than 0.1 ppm is
tetrachlorvinphos per se) at 0.2 ppm; hog, kidney (of which no more
than 0.05 ppm is tetrachlorvinphos per se) at 1.0 ppm; hog, liver (of
which no more than 0.05 ppm is tetrachlorvinphos per se) at 0.5 ppm;
hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se)
at 2.0 ppm; hog, meat byproducts, except kidney and liver at 1.0 ppm;
milk, fat (reflecting negligible residues in whole milk and of which no
more than 0.05 ppm is tetrachlorvinphos per se) at 0.05 ppm; poultry,
fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) at 7.0
ppm; poultry, liver (of which no more than 0.05 ppm is
tetrachlorvinphos per se) at 2.0 ppm; poultry, meat (of which no more
than 3.0 ppm is tetrachlorvinphos per se) at 3.0 ppm; and poultry, meat
byproducts, except liver at 2.0 ppm, for a period of 18 months
following the date of publication of this final rule in the Federal
Register. A time-limitation has been imposed in order to provide the
Agency with additional time to complete the reviews of the submitted
livestock Magnitude of Residue (MOR) data, storage stability data, and
the waiver request for the swine MOR data. As a result, these time-
limited interim tolerances will expire on March 18, 2013.
IV. Statutory and Executive Order Reviews
This final rule establishes tolerances under section 408(e) of
FFDCA. 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).
In addition, under the Regulatory Flexibility Act (RFA) (5 U.S.C.
601 et seq.), the Agency previously assessed whether establishing
tolerances, exemptions from tolerances, raising tolerance levels, or
expanding exemptions might adversely impact small entities and
concluded, as a generic matter, that there is no adverse economic
impact. The factual basis for the Agency's generic certification for
tolerance actions was published on May 4, 1981 (46 FR 24950), and was
provided to the Chief Counsel for Advocacy of the Small Business
Administration.
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 section 408(n)(4) of FFDCA. 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
[[Page 57659]]
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).
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), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule 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.
Dated: September 8, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.252 is revised to read as follows:
Sec. 180.252 Tetrachlorvinphos; tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the insecticide tetrachlorvinphos [(Z)-2-chloro-1-(2,4,5-
trichlorophenyl) vinyl dimethyl phosphate], including its metabolites,
1-(2,4,5-trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5-
trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol, in or
on the following commodities:
----------------------------------------------------------------------------------------------------------------
Parts per
Commodity million Expiration/revocation date
----------------------------------------------------------------------------------------------------------------
Cattle, fat (of which no more than 0.1 ppm is 0.2 March 18, 2013.
tetrachlorvinphos per se).
Cattle, kidney (of which no more than 0.05 ppm 1.0 March 18, 2013.
is tetrachlorvinphos per se).
Cattle, liver (of which no more than 0.05 ppm 0.5 March 18, 2013.
is tetrachlorvinphos per se).
Cattle, meat (of which no more than 2.0 ppm is 2.0 March 18, 2013.
tetrachlorvinphos per se).
Cattle, meat byproducts, except kidney and 1.0 March 18, 2013.
liver.
Egg (of which no more than 0.05 ppm is 0.2 March 18, 2013.
tetrachlorvinphos per se).
Hog, fat (of which no more than 0.1 ppm is 0.2 March 18, 2013.
tetrachlorvinphos per se).
Hog, kidney (of which no more than 0.05 ppm is 1.0 March 18, 2013.
tetrachlorvinphos per se).
Hog, liver (of which no more than 0.05 ppm is 0.5 March 18, 2013.
tetrachlorvinphos per se).
Hog, meat (of which no more than 2.0 ppm is 2.0 March 18, 2013.
tetrachlorvinphos per se).
Hog, meat byproducts, except kidney and liver.. 1.0 March 18, 2013.
Milk, fat (reflecting negligible residues in 0.05 March 18, 2013.
whole milk and of which no more than 0.05 ppm
is tetrachlorvinphos per se).
Poultry, fat (of which no more than 7.0 ppm is 7.0 March 18, 2013.
tetrachlorvinphos per se).
Poultry, liver (of which no more than 0.05 ppm 2.0 March 18, 2013.
is tetrachlorvinphos per se).
Poultry, meat (of which no more than 3.0 ppm is 3.0 March 18, 2013.
tetrachlorvinphos per se).
Poultry, meat byproducts, except liver......... 2.0 March 18, 2013.
----------------------------------------------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 2011-23815 Filed 9-15-11; 8:45 am]
BILLING CODE 6560-50-P
