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[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57657-57659]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23815]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0360; FRL-8887-5]

Tetrachlorvinphos; Extension of Time-Limited Interim Pesticide 
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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

[[Page 57658]]

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 non-substantive in nature 
and totally unrelated to EPA's proposal.

III. Conclusion

    Therefore, an extension of the time-limited 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

[[Page 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]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.252 is revised to read as follows:

Sec.  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:

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                                                     Parts per
                   Commodity                          million                Expiration/revocation date
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Cattle, fat (of which no more than 0.1 ppm is                 0.2  March 18, 2013.
 tetrachlorvinphos per se).
Cattle, kidney (of which no more than 0.05 ppm                1.0  March 18, 2013.
 is tetrachlorvinphos per se).
Cattle, liver (of which no more than 0.05 ppm                 0.5  March 18, 2013.
 is tetrachlorvinphos per se).
Cattle, meat (of which no more than 2.0 ppm is                2.0  March 18, 2013.
 tetrachlorvinphos per se).
Cattle, meat byproducts, except kidney and                    1.0  March 18, 2013.
 liver.
Egg (of which no more than 0.05 ppm is                        0.2  March 18, 2013.
 tetrachlorvinphos per se).
Hog, fat (of which no more than 0.1 ppm is                    0.2  March 18, 2013.
 tetrachlorvinphos per se).
Hog, kidney (of which no more than 0.05 ppm is                1.0  March 18, 2013.
 tetrachlorvinphos per se).
Hog, liver (of which no more than 0.05 ppm is                 0.5  March 18, 2013.
 tetrachlorvinphos per se).
Hog, meat (of which no more than 2.0 ppm is                   2.0  March 18, 2013.
 tetrachlorvinphos per se).
Hog, meat byproducts, except kidney and liver..               1.0  March 18, 2013.
Milk, fat (reflecting negligible residues in                 0.05  March 18, 2013.
 whole milk and of which no more than 0.05 ppm
 is tetrachlorvinphos per se).
Poultry, fat (of which no more than 7.0 ppm is                7.0  March 18, 2013.
 tetrachlorvinphos per se).
Poultry, liver (of which no more than 0.05 ppm                2.0  March 18, 2013.
 is tetrachlorvinphos per se).
Poultry, meat (of which no more than 3.0 ppm is               3.0  March 18, 2013.
 tetrachlorvinphos per se).
Poultry, meat byproducts, except liver.........               2.0  March 18, 2013.
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     (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
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