[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Proposed Rules]
[Pages 35189-35191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13818]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0360; FRL-9390-3]


Tetrachlorvinphos; Proposed Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This regulation proposes to amend 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: Comments must be received on or before August 12, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(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 Confidential Business 
Information (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.html.

Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is 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 Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 306-0327; email 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. 
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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

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); and March 13, 
2013 (78 FR 15880) (FRL-9380-9). The referenced documents in this unit 
are available in the docket for this proposed rule under

[[Page 35190]]

docket ID number EPA-HQ-OPP-2011-0360 at http://www.regulations.gov.

III. Proposal

    EPA, on its own initiative, under FFDCA section 408(e), 21 U.S.C. 
346a(e), is proposing to amend 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 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. The existing time-limited interim 
tolerances in 40 CFR 180.252 expire on August 18, 2013.
    As discussed in the previous rulemakings, these time-limited 
interim tolerances for tetrachlorvinphos, and its metabolites, have 
been determined to be safe based on previously submitted magnitude of 
residue data. (See Unit II. for citations to previously published 
documents concerning magnitude of residue data.) In order to support 
making these tolerances permanent, EPA required the submission of new 
magnitude of residue data. The registrant submitted livestock magnitude 
of residue data, storage stability data to support previously submitted 
magnitude of residue data in poultry and cattle, and a waiver request 
for the swine magnitude of residue data. Based on that data, EPA has 
concluded that the data confirm previous findings made by the Agency 
with regard to the level of residues of tetrachlorvinphos in livestock 
commodities and consequently, the safety finding for these tolerances.
    Therefore, EPA concludes that the submitted data supports the 
Agency's current proposal to amend these existing time-limited 
tolerances to be permanent tolerances.

IV. Statutory and Executive Order Reviews

    This proposed rule proposes to amend tolerances under FFDCA section 
408(e). 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 proposed rule has been exempted from review under 
Executive Order 12866 due to its lack of significance, this proposed 
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). This proposed rule 
does not contain any information collections subject to OMB approval 
under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), or 
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.). 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); or OMB review or any 
Agency action under Executive Order 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997). 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).
    Pursuant to the requirements of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.), the Agency previously assessed whether 
establishment of tolerances, exemptions from tolerances, raising of 
tolerance levels, expansion of exemptions, or revocations might 
significantly impact a substantial number of small entities and 
concluded that, as a general matter, these actions do not impose a 
significant economic impact on a substantial number of small entities. 
These analyses for tolerance establishments and modifications, and for 
tolerance revocations were published on May 4, 1981 (46 FR 24950) and 
on December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration. Taking into account this analysis, and available 
information concerning the pesticides listed in this proposed rule, the 
Agency hereby certifies that this proposed action will not have 
significant negative economic impact on a substantial number of small 
entities. In fact, this proposed rule will have no impact because it 
merely maintains the status quo by amending the existing time-limited 
interim tolerances by converting them to permanent tolerances. Any 
comments about the Agency's determination should be submitted to EPA 
along with comments on the proposed rule, and will be addressed prior 
to issuing a final rule.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999). Executive Order 13132 requires EPA to develop 
an accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This proposed rule directly regulates growers, food 
processors, food handlers, and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). For these same reasons, the Agency has 
determined that this proposed rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of

[[Page 35191]]

regulatory policies that have tribal implications.'' ``Policies that 
have tribal implications'' is defined in the Executive order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' This proposed rule 
will not have substantial direct effects on tribal governments, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: June 5, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be 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) * * *

------------------------------------------------------------------------
                                                               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 per         0.2
 se).........................................................
Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos         0.2
 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 tetrachlorvinphos        2.0
 per se).....................................................
Hog, meat byproducts, except kidney and liver................        1.0
Milk, fat (reflecting negligible residues in whole milk and         0.05
 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. 2013-13818 Filed 6-11-13; 8:45 am]
BILLING CODE 6560-50-P