Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 35189 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds, Incorporation by 

reference. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 30, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–13979 Filed 6–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0360; FRL–9390–3] 

Tetrachlorvinphos; Proposed Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This regulation proposes to 

amend the existing time-limited interim 

tolerances by converting them to 

permanent tolerances for the combined 

residues of the insecticide 

tetrachlorvinphos, including its 

metabolites, in or on multiple 

commodities identified in this 

document, under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: Comments must be received on 

or before August 12, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0360, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Carmen Rodia, Registration Division 

(7504P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 306–0327; email 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. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A detailed summary of the 

background related to EPA’s extension 

of 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 documents of August 

14, 2002 (67 FR 52985) (FRL–7192–4); 

February 6, 2008 (73 FR 6867) (FRL– 

8345–2); September 17, 2008 (73 FR 

53732) (FRL–8375–2); June 8, 2011 (76 

FR 33184) (FRL–8874–7); September 16, 

2011 (76 FR 57657) (FRL–8887–5); 

March 6, 2013 (78 FR 14487) (FRL– 

9380–8); and March 13, 2013 (78 FR 

15880) (FRL–9380–9). The referenced 

documents in this unit are available in 

the docket for this proposed rule under 


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35190 Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 

docket ID number EPA–HQ–OPP–2011– 

0360 at http://www.regulations.gov. 

III. Proposal 

EPA, on its own initiative, under 

FFDCA section 408(e), 21 U.S.C. 

346a(e), is proposing to amend the 

existing time-limited interim tolerances 

by converting them to permanent 

tolerances for the combined residues of 

the insecticide tetrachlorvinphos, 

including its metabolites, in or on cattle, 

fat (of which no more than 0.1 parts per 

million (ppm) is tetrachlorvinphos per 

se) at 0.2 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. The 

existing time-limited interim tolerances 

in 40 CFR 180.252 expire on August 18, 

2013. 

As discussed in the previous 

rulemakings, these time-limited interim 

tolerances for tetrachlorvinphos, and its 

metabolites, have been determined to be 

safe based on previously submitted 

magnitude of residue data. (See Unit II. 

for citations to previously published 

documents concerning magnitude of 

residue data.) In order to support 

making these tolerances permanent, 

EPA required the submission of new 

magnitude of residue data. The 

registrant submitted livestock 

magnitude of residue data, storage 

stability data to support previously 

submitted magnitude of residue data in 

poultry and cattle, and a waiver request 

for the swine magnitude of residue data. 

Based on that data, EPA has concluded 

that the data confirm previous findings 

made by the Agency with regard to the 

level of residues of tetrachlorvinphos in 

livestock commodities and 

consequently, the safety finding for 

these tolerances. 

Therefore, EPA concludes that the 

submitted data supports the Agency’s 

current proposal to amend these 

existing time-limited tolerances to be 

permanent tolerances. 

IV. Statutory and Executive Order 

Reviews 

This proposed rule proposes to amend 

tolerances under FFDCA section 408(e). 

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 proposed 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this proposed 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). This proposed 

rule does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA) (44 U.S.C. 3501 et seq.), or 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1501 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

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) (15 U.S.C. 272 note). 

Pursuant to the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency 

previously assessed whether 

establishment of tolerances, exemptions 

from tolerances, raising of tolerance 

levels, expansion of exemptions, or 

revocations might significantly impact a 

substantial number of small entities and 

concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. These analyses 

for tolerance establishments and 

modifications, and for tolerance 

revocations were published on May 4, 

1981 (46 FR 24950) and on December 

17, 1997 (62 FR 66020) (FRL–5753–1), 

respectively, and were provided to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Taking into 

account this analysis, and available 

information concerning the pesticides 

listed in this proposed rule, the Agency 

hereby certifies that this proposed 

action will not have significant negative 

economic impact on a substantial 

number of small entities. In fact, this 

proposed rule will have no impact 

because it merely maintains the status 

quo by amending the existing timelimited interim tolerances by converting 

them to permanent tolerances. Any 

comments about the Agency’s 

determination should be submitted to 

EPA along with comments on the 

proposed rule, and will be addressed 

prior to issuing a final rule. 

In addition, the Agency has 

determined that this action will not 

have a substantial direct effect on States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This proposed 

rule directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of FFDCA section 408(n)(4). 

For these same reasons, the Agency has 

determined that this proposed rule does 

not have any ‘‘tribal implications’’ as 

described in Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 


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Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 35191 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

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: June 5, 2013. 

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. In § 180.252, revise the table in 

paragraph (a) to read as follows: 

§ 180.252 Tetrachlorvinphos; tolerances 

for residues. 

(a) * * * 

Commodity Parts per 

million 

Cattle, fat (of which no more than 

0.1 ppm is tetrachlorvinphos 

per se) ....................................... 0.2 

Cattle, kidney (of which no more 

than 0.05 ppm is 

tetrachlorvinphos per se) .......... 1.0 

Cattle, liver (of which no more 

than 0.05 ppm is 

tetrachlorvinphos per se) .......... 0.5 

Cattle, meat (of which no more 

than 2.0 ppm is 

tetrachlorvinphos per se) .......... 2.0 

Cattle, meat byproducts, except 

kidney and liver ......................... 1.0 

Egg (of which no more than 0.05 

ppm is tetrachlorvinphos per 

se) ............................................. 0.2 

Hog, fat (of which no more than 

0.1 ppm is tetrachlorvinphos 

per se) ....................................... 0.2 

Commodity Parts per 

million 

Hog, kidney (of which no more 

than 0.05 ppm is 

tetrachlorvinphos per se) .......... 1.0 

Hog, liver (of which no more than 

0.05 ppm is tetrachlorvinphos 

per se) ....................................... 0.5 

Hog, meat (of which no more than 

2.0 ppm is tetrachlorvinphos 

per se) ....................................... 2.0 

Hog, meat byproducts, except kidney and liver ............................. 1.0 

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

no more than 0.05 ppm is 

tetrachlorvinphos per se) .......... 0.05 

Poultry, fat (of which no more 

than 7.0 ppm is 

tetrachlorvinphos per se) .......... 7.0 

Poultry, liver (of which no more 

than 0.05 ppm is 

tetrachlorvinphos per se) .......... 2.0 

Poultry, meat (of which no more 

than 3.0 ppm is 

tetrachlorvinphos per se) .......... 3.0 

Poultry, meat byproducts, except 

liver ............................................ 2.0 

* * * * * 

[FR Doc. 2013–13818 Filed 6–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 00–175, FCC 13–69] 

2000 Biennial Regulatory Review, 

Separate Affiliate Requirements of the 

Commission’s Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the 

Commission seeks comment on the 

structural separation requirements of 

the Commission’s rules, as they apply to 

rate-of-return carriers providing 

facilities-based in-region, interexchange, 

interstate long distance services. 

Specifically, the Commission seeks 

comment on the costs and benefits of 

continuing to apply requirements to 

rate-of-return carriers, and whether such 

carriers continue to have the ability and 

incentive to engage in anticompetitive 

behavior. 

DATES: Comments are due on or before 

July 12, 2013 and reply comments are 

due on or before August 12, 2013. 

ADDRESSES: Interested parties may 

submit comments, identified by CC 

Docket No. 00–175, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Kwan, Attorney Advisor, at 

202–418–1191, Competition Policy 

Division, Wireline Competition Bureau. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Notice of Proposed Rulemaking (Second 

FNPRM) in CC Docket No. 00–175, 

released on May 17, 2013. The full text 

of this document, which is part of the 

Commission’s Memorandum Opinion 

and Order and Report and Order and 

Further Notice of Proposed Rulemaking 

and Second Further Notice of Proposed 

Rulemaking, is available for public 

inspection during regular business 

hours in the FCC Reference Center, 

Room CY–A257, 445 12th Street SW., 

Washington, DC 20554, and may also be 

purchased from the Commission’s copy 

contractor, BCPI, Inc., Portals II, 445 

Twelfth Street SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact BCPI, Inc. via their Web site, 

http://www.bcpi.com, or call 1–800– 

378–3160. This document is available in 

alternative formats (computer diskette, 

large print, audio record, and Braille). 

Persons with disabilities who need 

documents in these formats may contact 

the FCC by email: FCC504@fcc.gov or 

phone: 202–418–0530 or TTY: 202–418– 

0432. Pursuant to sections 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. All pleadings are 

to reference CC Docket No. 00–175. 

Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS). See Electronic 

Filing of Documents in Rulemaking 

Proceedings, 63 FR 24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/. 


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