Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 57657 

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: 

§ 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 plantincorporated 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 

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 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: 

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 http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the Federal Register listings at 

http://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 http:// 

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 


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57658 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 

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: 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. 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 

http://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 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)-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 


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Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 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] 

■ 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 March 18, 2013. 

Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ....................................... 1.0 March 18, 2013. 

Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ........................................... 0.5 March 18, 2013. 

Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ........................................... 2.0 March 18, 2013. 

Cattle, meat byproducts, except kidney and liver ................................................................................... 1.0 March 18, 2013. 

Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) ....................................................... 0.2 March 18, 2013. 

Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) .................................................. 0.2 March 18, 2013. 

Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) .......................................... 1.0 March 18, 2013. 

Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) .............................................. 0.5 March 18, 2013. 

Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) .............................................. 2.0 March 18, 2013. 

Hog, meat byproducts, except kidney and liver ...................................................................................... 1.0 March 18, 2013. 

Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is 

tetrachlorvinphos per se).

0.05 March 18, 2013. 

Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) .............................................. 7.0 March 18, 2013. 

Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ......................................... 2.0 March 18, 2013. 

Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) .......................................... 3.0 March 18, 2013. 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R10–UST–2011–0097; FRL–9465–3] 

Oregon: Final Approval of State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final determination. 

SUMMARY: The State of Oregon has 

applied for final approval of its 

underground storage tank program for 

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. 

DATES: Effective Date: Final approval for 

the State of Oregon shall be effective on 

September 16, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Griffith, U.S. Environmental 

Protection Agency, Region 10, 1200 

Sixth Avenue, Suite 900, Mail Stop: 

OCE–082, Seattle, WA 98101, phone 

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 


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