33188 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 26, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be 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)-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: 

Commodity Parts per million Expiration/revocation date 

Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos 

per se).

0 .2 [date 18 months from the date of Final tolerance publication]. 

Cattle, kidney (of which no more than 0.05 ppm is 

tetrachlorvinphos per se).

1 .0 [date 18 months from the date of Final tolerance publication]. 

Cattle, liver (of which no more than 0.05 ppm is 

tetrachlorvinphos per se).

0 .5 [date 18 months from the date of Final tolerance publication]. 

Cattle, meat (of which no more than 2.0 ppm is 

tetrachlorvinphos per se).

2 .0 [date 18 months from the date of Final tolerance publication]. 

Cattle, meat byproducts, except kidney and liver ........................ 1 .0 [date 18 months from the date of Final tolerance publication]. 

Egg (of which no more than 0.05 ppm is tetrachlorvinphos per 

se).

0 .2 [date 18 months from the date of Final tolerance publication]. 

Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos 

per se).

0 .2 [date 18 months from the date of Final tolerance publication]. 

Hog, kidney (of which no more than 0.05 ppm is 

tetrachlorvinphos per se).

1 .0 [date 18 months from the date of Final tolerance publication]. 

Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos 

per se).

0 .5 [date 18 months from the date of Final tolerance publication]. 

Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos 

per se).

2 .0 [date 18 months from the date of Final tolerance publication]. 

Hog, meat byproducts, except kidney and liver .......................... 1 .0 [date 18 months from the date of Final tolerance publication]. 

Milk, fat (reflecting negligible residues in whole milk and of 

which no more than 0.05 ppm is tetrachlorvinphos per se).

0 .05 [date 18 months from the date of Final tolerance publication]. 

Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos 

per se).

7 .0 [date 18 months from the date of Final tolerance publication]. 

Poultry, liver (of which no more than 0.05 ppm is 

tetrachlorvinphos per se).

2 .0 [date 18 months from the date of Final tolerance publication]. 

Poultry, meat (of which no more than 3.0 ppm is 

tetrachlorvinphos per se).

3 .0 [date 18 months from the date of Final tolerance publication]. 

Poultry, meat byproducts, except liver ......................................... 2 .0 [date 18 months from the date of Final tolerance publication]. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2011–14211 Filed 6–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket Number NIOSH–109] 

RIN 0920–AA04 

Quality Assurance Requirements for 

Respirators; Notice of Withdrawal 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Department of Health and 

Human Services (HHS) is withdrawing 

its proposed rule to update the quality 

assurance and control requirements for 

the manufacture of respirators approved 

under 42 CFR Part 84 by the National 

Institute for Occupational Safety and 

Health (NIOSH), Centers for Disease 

Control and Prevention and the Mine 

Safety and Health Administration 

(MSHA). NIOSH has reviewed the 

comments it received to the proposed 

rule and determined that additional 

analysis is needed to assess the 

economic impact of its proposed rule. 

NIOSH plans to seek further information 

and to consider possible alternative 

approaches. 

DATES: The proposed rule published on 

December 10, 2008 (73 FR 75045) will 

be withdrawn as of June 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

William Newcomb, NIOSH National 

Personal Protective Technology 

Laboratory (NPPTL), P.O. Box 18070, 

626 Cochrans Mill Road, Pittsburgh, PA 

15236, telephone (412) 386–4034 (this is 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules 33189 

not a toll-free number), e-mail 

byf6@cdc.gov. 

SUPPLEMENTARY INFORMATION: On 

December 10, 2008, HHS proposed a 

rule intended to update the quality 

assurance and control requirements for 

the manufacture of respirators approved 

under 42 CFR part 84 by NIOSH and 

MSHA (73 FR 75045). The comment 

period for the proposed rule originally 

closed on February 9, 2009 but was 

reopened and extended until April 10, 

2009 (74 FR 9381), and subsequently 

extended to October 9, 2009 (74 FR 

23815). NIOSH also held public 

meetings on its proposed rule on March 

23, 2009 in Adelphi, Maryland and on 

March 30, 2009 in Los Angeles, 

California. 

NIOSH has reviewed the transcripts of 

the public meetings and the written 

comments received. While the 

commenters were generally supportive 

of the need to update the quality 

assurance and control requirements, 

they raised questions about several areas 

of the proposed rule pertaining to its 

economic impact. NIOSH has decided 

that this issue requires additional 

consideration and further economic 

analysis before considering or 

proceeding with alternatives to the 

proposed rule. This action is consistent 

with Executive Order 13563 which 

requires Federal agencies to conduct a 

retrospective review of regulations to 

determine which rules may ‘‘be 

modified, streamlined, expanded, or 

repealed so as to make the agency’s 

regulatory program more effective or 

less burdensome in achieving the 

regulatory objectives.’’ 

Although not required to do so by the 

Administrative Procedure Act or by the 

regulations of the Office of Federal 

Register, HHS believes the public 

interest is best served by withdrawing 

the proposed rule identified in this 

document. The withdrawal of the 

proposed rule identified in this 

document does not preclude HHS from 

reinitiating rulemaking in the future 

regarding quality assurance and control 

requirements for the manufacture of 

respirators approved under 42 CFR part 

84. Should HHS decide to undertake 

such rulemaking sometime in the future, 

it will re-propose the action and provide 

new opportunities for comment. 

For the reasons stated herein, the 

notice of proposed rulemaking 

published on December 10, 2008 is 

hereby withdrawn. 

Dated: May 31, 2011. 

Kathleen Sebelius 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2011–14186 Filed 6–7–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

RIN 0648–BA68 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Amendment 13 to the Coastal Pelagic 

Species Fishery Management Plan; 

Annual Catch Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of an 

amendment to a fishery management 

plan; request for comments. 

SUMMARY: NMFS announces that the 

Pacific Fishery Management Council 

(Council) has submitted Amendment 13 

to the Coastal Pelagic Species (CPS) 

Fishery Management Plan (FMP) for 

review by the Secretary of Commerce. 

The intent of Amendment 13 is to 

ensure the FMP is consistent with 

NMFS advisory guidelines. The 

guidelines describe fishery management 

approaches to meet the objectives of 

National Standard 1 (NS1) of section 

301 of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). National Standard 1 states 

‘‘Conservation and management 

measures shall prevent overfishing 

while achieving, on a continuing basis, 

the optimum yield (OY) from each 

fishery for the U.S. fishing industry.’’ 

DATES: Comments on Amendment 13 

must be received by August 8, 2011. 

ADDRESSES: You may submit comments 

identified by 0648–BA68 by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802. 

• Fax: (562) 980–4047, Attn: Joshua 

Lindsay. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you prefer to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the CPS FMP as Amended 

through Amendment 13 and its 

associated Environmental Assessment/ 

Regulatory Impact Review, are available 

from Donald O. McIssac, Executive 

Director, Pacific Fishery Management 

Council, 7700 NE Ambassador Place, 

Suite 101, Portland, OR 97220–1384 or 

the NMFS Southwest Region (Rodney 

McInnis or Joshua Lindsay) (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Joshua B. Lindsay, Sustainable Fisheries 

Division, NMFS, at 562–980–4034 or 

Mike Burner, Pacific Fishery 

Management Council, at 503–820–2280. 

SUPPLEMENTARY INFORMATION: The CPS 

fishery in the U.S. exclusive economic 

zone (EEZ) off the West Coast is 

managed under the CPS FMP, which 

was developed by the Council pursuant 

to the MSA, 16 U.S.C. 1801 et seq. 

Species managed under the CPS FMP 

include Pacific sardine, Pacific 

mackerel, jack mackerel, northern 

anchovy, market squid and krill. The 

CPS FMP was approved by the Secretary 

of Commerce and was implemented by 

regulations at 50 CFR part 660, subpart 

I. 

The MSA requires each regional 

fishery management council to submit 

any amendment to an FMP to NMFS for 

review and approval, disapproval, or 

partial approval. The MSA also requires 

that NMFS, upon receiving an 

amendment to an FMP, publish 

notification in the Federal Register that 

the amendment is available for public 

review and comment. NMFS will 

consider the public comments received 

during the comment period described 

above in determining whether to 

approve, disapprove, or partially 

approve Amendment 13. 

The MSA was amended in 2007 to 

include new requirements for ACLs and 

accountability measures (AMs) and 

other provisions regarding preventing 

and ending overfishing and rebuilding 

fisheries. On January 16, 2009, NMFS 

revised its guidelines implementing 

MSA National Standard 1 (74 FR 3178) 


jlentini on DSK4TPTVN1PROD with PROPOSALS