8746 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 

U.S. provided the primary review of the 

available toxicology studies, and Canada 

provided the primary review of the 

residue chemistry data. All of the 

residues of concern for tolerances and 

MRLs have been harmonized among 

Austria, Canada and the U.S. All 

toxicology endpoints have been 

harmonized, with the exception of the 

acute reference dose (aRfd), which has 

been harmonized with Canada. The 

Codex has not established MRLs for 

spirotetramat on onion, dry bulb. This 

time-limited tolerance is harmonized 

with the Canadian MRL for 

spirotetramat on onion, dry bulb. 

VI. Conclusion 

Therefore, time-limited tolerances are 

established for combined residues of 

spirotetramat, including its metabolites 

and degradates in or on onion, dry bulb 

at 0.3 ppm. These tolerances expire on 

December 31, 2014. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under sections 408(e) and 408(l)(6) 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). 

Since tolerances and exemptions that 

are established in accordance with 

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

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 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 

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). 

VIII. 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: February 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. Section 180.641 is amended by 

revising paragraph (b) to read as follows: 

§ 180.641 Spirotetramat; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances specified in the 

following table are established for 

residues of the spirotetramat, including 

its metabolites and degradates, in or on 

the commodities in the following table. 

Compliance with the tolerance levels 

specified in the following table is to be 

determined by measuring only the sum 

of spirotetramat (cis-3-(2,5- 

dimethlyphenyl)-8-methoxy-2-oxo-1- 

azaspiro[4.5]dec-3-en-4-yl-ethyl 

carbonate) and its metabolites cis-3-(2,5- 

dimethylphenyl)-4-hydroxy-8-methoxy1-azaspiro[4.5]dec-3-en-2-one, cis-3- 

(2,5-dimethylphenyl)-3-hydroxy-8- 

methoxy-1-azaspiro[4.5]decane-2,4- 

dione, cis-3-(2,5-dimethylphenyl)-8- 

methoxy-2-oxo-1-azaspiro[4.5]dec-3-en4-yl beta-D-glucopyranoside, and cis-3- 

(2,5-dimethylphenyl)-4-hydroxy-8- 

methoxy-1-azaspiro[4.5]decan-2-one, 

calculated as the stoichiometric 

equivalent of spirotetramat, in or on the 

specified agricultural commodities, 

resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. The tolerances 

expire on the date specified in the table. 

Commodity 

Parts 

per 

million 

Expiration 

date 

Onion, dry bulb 0.3 December 31, 

2014. 

* * * * * 

[FR Doc. 2012–3283 Filed 2–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0578; FRL–9336–7] 

Indoxacarb; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of indoxacarb in 

or on egg, poultry fat, poultry meat, and 

poultry meat byproducts. E.I. du Pont de 

Nemours and Company requested these 


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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 8747 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 15, 2012. Objections and 

requests for hearings must be received 

on or before April 16, 2012, 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–2011–0578. All documents in the 

docket are listed in the docket index 

available at http://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 

http://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: Julie 

Chao, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8735; email address: 

chao.julie@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 those engaged in the 

following activities: 

• 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 to provide 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? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&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 EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0578 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 16, 2012. 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 that does not 

contain any 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0578, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

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. Summary of Petitioned-for Tolerance 

In the Federal Register of August 26, 

2011 (76 FR 53372) (FRL–8884–9), EPA 

issued a notice pursuant to section 

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

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

pesticide petition (PP 1F7873) by E.I. du 

Pont de Nemours and Company, 1007 

Market Street, Wilmington, DE 19898– 

0001. The petition requested that 40 

CFR 180.564 be amended by 

establishing tolerances for residues of 

the insecticide indoxacarb, (S)-methyl7-chloro-2,5-dihydro-2- 

[[(methoxycarbonyl)[4- 

(trifluoromethoxy)- 

phenyl]amino]carbonyl]indeno[1,2e] 

[1,3,4]oxadiazine-4a(3H)-carboxylate, its 

R-enantiomer, (R)-methyl 7-chloro-2,5- 

dihydro-2-[[(methoxycarbonyl)[4- 

(trifluoromethoxy) 

phenyl]amino]carbonyl]indeno [1,2-e] 

[1,3,4] oxadiazine-4a(3H)-carboxylate, 

and the metabolites: IN–JT333: Methyl 

7-chloro-2,5-dihydro-2-[[[4- 

(trifluoromethoxy)phenyl]- 

amino]carbonyl]indeno[1,2- 

e][1,3,4]oxadiazine-4a(3H)-carboxylate; 

IN–KT319: (E)-methyl 5-chloro-2,3,- 

dihydro-2-hydroxy-1- 

[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]amino]-

carbonyl]hydrazono]-1H-indene-2- 

carboxylate; IN–JU873: Methyl 5-chloro2,3-dihydro-2-hydroxy-1-[[[[4- 

(triflurormethoxy)- 

phenyl]amino]carbonyl]hydrazono]-1Hindene-2-carboxylate; IN–KG433: 

Methyl 5-chloro-2,3,-dihydro-2- 

hydroxy-1-[[[(methoxycarbonyl)[4-

(trifluoromethoxy)phenyl]amino]

carbonyl]-hydrazono]-1H-indene-2- 

carboxylate; and IN–KB687: Methyl [4- 

(trifluoromethoxy)phenyl]carbamate, in 

or on egg at 0.2 parts per million (ppm); 

poultry, fat at 0.2 ppm; poultry, meat at 

0.06 ppm; and poultry, meat byproducts 

at 0.06 ppm. That notice referenced a 

summary of the petition prepared by E.I. 

du Pont de Nemours and Company, the 

registrant, which is available in the 

docket, http://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. 

III. 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 


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8748 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 

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. * * *’’ 

Consistent with section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, 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 indoxacarb 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with indoxacarb follows. 

In the Federal Register of July 10, 

2009 (74 FR 33159) (FRL–8424–9), EPA 

published a Final Rule establishing 

tolerances for residues of the insecticide 

indoxacarb in or on various beet 

commodities and the bushberry 

subgroup 13–07B. These tolerances had 

been requested in PP 8E7324. When the 

Agency conducted the risk assessment 

in support of the July 10, 2009 tolerance 

action, it also considered residues of 

indoxacarb, its R-enantiomer, and its 

metabolites IN–JT333, IN–KT319, IN– 

JU873, IN–KG433, and IN–KB687 in or 

on egg; poultry, fat; poultry, meat; and 

poultry, meat byproducts. These 

tolerances were evaluated by EPA based 

on the results of a previously submitted 

and accepted poultry feeding study; 

however, because of a deficiency related 

to a poultry storage stability study, EPA 

was not able to establish tolerances on 

egg and poultry commodities. Since that 

time, the registrant has provided an 

acceptable poultry storage stability 

study, which supports the establishment 

of tolerances on egg; poultry, fat; 

poultry, meat; and poultry, meat 

byproducts. Detailed considerations 

regarding EPA’s resolution of these data 

deficiencies are discussed in the 

document, ‘‘Indoxacarb. Petition for the 

Establishment of Permanent Tolerances 

on Poultry Commodities and 

Submission of Storage Stability Data for 

Poultry Commodities in Response to 

HED Memorandum DP#297936, 9/22/ 

04,’’ which is available at http:// 

www.regulations.gov in docket EPA– 

HQ–OPP–2011–0578. 

Since EPA considered the additional 

uses proposed by PP 1F7873 in its most 

recent risk assessments, establishing 

tolerances on these commodities will 

not change the estimated aggregate risks 

resulting from use of indoxacarb, as 

discussed in the Federal Register of July 

10, 2009 (74 FR 33159) (FRL–8424–9). 

In that action, 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 indoxacarb 

residues. Refer to the July 10, 2009 (74 

FR 33159) (FRL–8424–9) Federal 

Register document, available at http:// 

www.regulations.gov in docket EPA– 

HQ–OPP–2008–0271, for a detailed 

discussion of the aggregate risk 

assessments and determination of 

safety. The findings in that action apply 

with equal force here and are adopted 

by EPA in this rulemaking. Accordingly, 

EPA concludes that aggregate exposure 

to indoxacarb will be safe for the general 

population, including infants and 

children. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(high-performance liquid 

chromatography (HPLC)/column 

switching/ultraviolet (UV) method AMR 

2712–93 with confirmation/specificity 

provided by gas chromatography (GC)/ 

mass-selective detector method AMR 

3493–95, Supplement No. 4) is available 

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 U.N. 

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. 

The Codex has established MRLs for 

indoxacarb in or on eggs at 0.02 mg/kg; 

poultry meat at 0.01 mg/kg; and poultry, 

edible offal at 0.01 mg/kg. These MRLs 

are lower than the poultry tolerance 

levels determined appropriate for 

indoxacarb in the United States. The 

U.S. residue definition for poultry 

commodities includes indoxacarb, its Renantiomer, and five metabolites, 

whereas the Codex residue definition 

includes only indoxacarb and its Renantiomer. Because the Codex residue 

definition and evaluation procedures for 

livestock commodities differ from those 

of the United States harmonization of 

U.S. tolerances with Codex MRLs is not 

possible for poultry commodities. 

V. Conclusion 

Therefore, tolerances are established 

for residues of indoxacarb, (S)-methyl-7- 

chloro-2,5-dihydro-2- 

[[(methoxycarbonyl)[4- 

(trifluoromethoxy)- 

phenyl]amino]carbonyl]indeno[1,2e] 

[1,3,4]oxadiazine-4a(3H)-carboxylate; its 

R-enantiomer (R)-methyl 7-chloro-2,5- 

dihydro-2-[[(methoxycarbonyl)[4- 

(trifluoromethoxy) 

phenyl]amino]carbonyl]indeno [1,2-e] 

[1,3,4] oxadiazine-4a(3H)-carboxylate; 

and the metabolites: IN–JT333: Methyl 

7-chloro-2,5-dihydro-2-[[[4- 

(trifluoromethoxy)phenyl]- 

amino]carbonyl]indeno[1,2- 

e][1,3,4]oxadiazine-4a(3H)-carboxylate; 

IN–KT319: (E)-methyl 5-chloro-2,3,- 

dihydro-2-hydroxy-1- 

[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]amino]- 

carbonyl]hydrazono]-1H-indene-2- 

carboxylate; IN–JU873: Methyl 5-chloro2,3-dihydro-2-hydroxy-1-[[[[4- 

(triflurormethoxy)- 

phenyl]amino]carbonyl]hydrazono]-1Hindene-2-carboxylate; IN–KG433: 

Methyl 5-chloro-2,3,-dihydro-2- 

hydroxy-1-[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]

amino]carbonyl]-hydrazono]-1H-indene2-carboxylate; and IN–KB687: Methyl 

[4-(trifluoromethoxy)phenyl]carbamate, 

in or on egg at 0.20 parts per million 

(ppm); poultry, fat at 0.20 ppm; poultry, 

meat at 0.06 ppm; and poultry, meat 

byproducts at 0.06 ppm. 


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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 8749 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA 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 section 408(d) of FFDCA, 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 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 

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). 

VII. 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: February 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. Section 180.564 is amended by 

adding the designation ‘‘(1)’’ after the 

heading ‘‘General’’ in paragraph (a), and 

by adding paragraph (a)(2) to read as 

follows: 

§ 180.564 Indoxacarb; tolerances for 

residues. 

(a) General. (1) * * * 

(2) Tolerances are established for 

residues of indoxacarb, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only the sum of indoxacarb, 

(S)-methyl-7-chloro-2,5-dihydro-2- 

[[(methoxycarbonyl)[4- 

(trifluoromethoxy)- 

phenyl]amino]carbonyl]indeno[1,2e] 

[1,3,4]oxadiazine-4a(3H)-carboxylate, its 

R-enantiomer, (R)-methyl 7-chloro-2,5- 

dihydro-2-[[(methoxycarbonyl)[4- 

(trifluoromethoxy) 

phenyl]amino]carbonyl]indeno [1,2-e] 

[1,3,4] oxadiazine-4a(3H)-carboxylate, 

and the metabolites: IN–JT333, methyl 

7-chloro-2,5-dihydro-2-[[[4- 

(trifluoromethoxy)phenyl]- 

amino]carbonyl]indeno[1,2- 

e][1,3,4]oxadiazine-4a(3H)-carboxylate; 

IN–KT319, (E)-methyl 5-chloro-2,3,- 

dihydro-2-hydroxy-1- 

[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]amino]- 

carbonyl]hydrazono]-1H-indene-2- 

carboxylate; IN–JU873, methyl 5-chloro2,3-dihydro-2-hydroxy-1-[[[[4- 

(triflurormethoxy)- 

phenyl]amino]carbonyl]hydrazono]-1Hindene-2-carboxylate; IN–KG433, 

methyl 5-chloro-2,3,-dihydro-2- 

hydroxy-1-[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]

amino]carbonyl]-hydrazono]-1

2-carboxylate; and IN–KB687, methyl 

[4-(trifluoromethoxy)phenyl]carbamate, 

calculated as the stoichiometric 

equivalent of indoxacarb in the 

commodity. 

Commodity Parts per 

million 

Egg ............................................. 0.20 

Poultry, fat .................................. 0.20 

Poultry, meat .............................. 0.06 

Poultry, meat byproducts ............ 0.06 

* * * * * 

[FR Doc. 2012–3157 Filed 2–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA989 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for golden tilefish in the 

exclusive economic zone (EEZ) of the 

South Atlantic. This closure is 

necessary to protect the golden tilefish 

resource. 


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