Extension of Time-Limited Interim Pesticide Tolerances:

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

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.

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:

1. General Information

   1. 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.

   2. 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.

   3. 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.

2. 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.

3. 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.

4. 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).

5. 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:

   Parts per

   Commodity

   million

   Expiration/revocation date

   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.

   (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