[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53682-53684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21272]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0360; FRL-9394-9]


Tetrachlorvinphos; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends 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: This regulation is effective August 30, 2013. Objections and 
requests for hearings must be received on or before October 29, 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: Lois Rossi, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 305-7090; 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 eCFR 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 
October 29, 2013. Addresses for mail and hand delivery of objections 
and 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/

[[Page 53683]]

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 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); March 13, 2013 
(78 FR 15880) (FRL-9380-9); and in the proposed rule for this action on 
June 12, 2013 (78 FR 35189) (FRL-9390-3). The referenced documents in 
this unit are available in the docket for the proposed rule under 
docket ID number EPA-HQ-OPP-2011-0360 at http://www.regulations.gov. 
There were no substantive comments received in response to the proposed 
rule of June 12, 2013 (78 FR 35189).

III. Conclusion

    For the reasons stated in the Agency's proposed rule of June 12, 
2013 (78 FR 35189) (FRL-9390-3), EPA is now finalizing its proposal to 
amend the existing time-limited interim tolerances by making them 
permanent 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 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.

IV. Statutory and Executive Order Reviews

    This final rule amends 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 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: August 14, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

[[Page 53684]]

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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                                                             Parts per
                        Commodity                             million
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Cattle, fat (of which no more than 0.1 ppm is                        0.2
 tetrachlorvinphos per se)..............................
Cattle, kidney (of which no more than 0.05 ppm is                    1.0
 tetrachlorvinphos per se)..............................
Cattle, liver (of which no more than 0.05 ppm is                     0.5
 tetrachlorvinphos per se)..............................
Cattle, meat (of which no more than 2.0 ppm is                       2.0
 tetrachlorvinphos per se)..............................
Cattle, meat byproducts, except kidney and liver........             1.0
Egg (of which no more than 0.05 ppm is tetrachlorvinphos             0.2
 per se)................................................
Hog, fat (of which no more than 0.1 ppm is                           0.2
 tetrachlorvinphos per se)..............................
Hog, kidney (of which no more than 0.05 ppm is                       1.0
 tetrachlorvinphos per se)..............................
Hog, liver (of which no more than 0.05 ppm is                        0.5
 tetrachlorvinphos per se)..............................
Hog, meat (of which no more than 2.0 ppm is                          2.0
 tetrachlorvinphos per se)..............................
Hog, meat byproducts, except kidney and liver...........             1.0
Milk, fat (reflecting negligible residues in whole milk             0.05
 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
 tetrachlorvinphos per se)..............................
Poultry, liver (of which no more than 0.05 ppm is                    2.0
 tetrachlorvinphos per se)..............................
Poultry, meat (of which no more than 3.0 ppm is                      3.0
 tetrachlorvinphos per se)..............................
Poultry, meat byproducts, except liver..................             2.0
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[FR Doc. 2013-21272 Filed 8-29-13; 8:45 am]
BILLING CODE 6560-50-P