[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15880-15882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05814]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0360; FRL-9380-9]
RIN 2070-ZA16


Tetrachlorvinphos; Extension of Time-Limited Interim Pesticide 
Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends the time-limited interim tolerances 
for the combined residues of the insecticide tetrachlorvinphos, in or 
on multiple commodities which are identified in Unit III. of this 
document, under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective March 13, 2013. Objections and 
requests for hearings must be received on or before May 13, 2013, 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: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2011-0360, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information 
about the docket 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 Avenue NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; email address: [email protected].

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. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 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. 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 objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
May 13, 2013. Addresses for mail and hand delivery of objections and

[[Page 15881]]

hearing requests are provided in 40 CFR 178.25(b).
    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 (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, 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 online instructions for submitting comments. Do not submit 
electronically any information you consider to be 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.htm. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

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 notices of 
June 8, 2011 (76 FR 33184) (FRL-8874-7); September 16, 2011 (76 FR 
57657) (FRL-8887-5); and March 6, 2013 (78 FR 14487) (FRL-9380-8). The 
referenced documents are 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 documents to view the referenced background summary information. 
There were no substantive comments received in response to the proposed 
rule of March 6, 2013.

III. Conclusion

    For the reasons stated in the proposed rule of March 6, 2013, EPA 
is finalizing its proposal to extend to August 18, 2013, the expiration 
dates for the following tolerances listed in 40 CFR 180.252 for 
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 part 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.

IV. Statutory and Executive Order Reviews

    This final rule establishes tolerances under FFDCA 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 FFDCA section 408(n)(4). 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 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.).
    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).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
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 
the rule in the Federal

[[Page 15882]]

Register. This action 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: February 26, 2013.
G. Jeffrey Herndon,
Acting 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. In Sec.  180.252 revise the table in paragraph (a) to read as 
follows:


Sec.  180.252  Tetrachlorvinphos; tolerances for residues.

    (a) * * *

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                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
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Cattle, fat (of which no more than 0.1              0.2          8/18/13
 ppm is tetrachlorvinphos per se)........
Cattle, kidney (of which no more than               1.0          8/18/13
 0.05 ppm is tetrachlorvinphos per se)...
Cattle, liver (of which no more than 0.05           0.5          8/18/13
 ppm is tetrachlorvinphos per se)........
Cattle, meat (of which no more than 2.0             2.0          8/18/13
 ppm is tetrachlorvinphos per se)........
Cattle, meat byproducts, except kidney              1.0          8/18/13
 and liver...............................
Egg (of which no more than 0.05 ppm is              0.2          8/18/13
 tetrachlorvinphos per se)...............
Hog, fat (of which no more than 0.1 ppm             0.2          8/18/13
 is tetrachlorvinphos per se)............
Hog, kidney (of which no more than 0.05             1.0          8/18/13
 ppm is tetrachlorvinphos per se)........
Hog, liver (of which no more than 0.05              0.5          8/18/13
 ppm is tetrachlorvinphos per se)........
Hog, meat (of which no more than 2.0 ppm            2.0          8/18/13
 is tetrachlorvinphos per se)............
Hog, meat byproducts, except kidney and             1.0          8/18/13
 liver...................................
Milk, fat (reflecting negligible residues           0.05         8/18/13
 in whole milk and of which no more than
 0.05 ppm is tetrachlorvinphos per se)...
Poultry, fat (of which no more than 7.0             7.0          8/18/13
 ppm is tetrachlorvinphos per se)........
Poultry, liver (of which no more than               2.0          8/18/13
 0.05 ppm is tetrachlorvinphos per se)...
Poultry, meat (of which no more than 3.0            3.0          8/18/13
 ppm is tetrachlorvinphos per se)........
Poultry, meat byproducts, except liver...           2.0          8/18/13
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[FR Doc. 2013-05814 Filed 3-12-13; 8:45 am]
BILLING CODE 6560-50-P