### 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


### 33189 Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Proposed Rules

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)