[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Proposed Rules]
[Pages 28155-28179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11845]



[[Page 28155]]

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Part III





Environmental Protection Agency





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40 CFR Part 180



Acephate, Cacodylic acid, Dicamba, Dicloran et al.; Proposed Tolerance 
Actions; Proposed Rule

Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / 
Proposed Rules

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0262; FRL-8821-3]


Acephate, Cacodylic acid, Dicamba, Dicloran et al.; Proposed 
Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances for the 
fungicides dicloran and thiophanate-methyl; the herbicides EPTC, 
hexazinone, picloram, and propazine; the defoliant and herbicide 
cacodylic acid; the plant growth regulator and herbicide diquat, the 
insecticides disulfoton, malathion, methamidophos, methomyl, phosmet, 
piperonyl butoxide, pyrethrins, and thiodicarb; the fumigant 
antimicrobial and insecticide methyl bromide, the nematicides/
insecticides ethoprop and fenamiphos, the insecticide synergist N-octyl 
bicycloheptene dicarboximide, and the tolerance exemptions for the 
insecticide/miticide pyrethrum and insecticide synergist N-octyl 
bicycloheptene dicarboximide. In addition, EPA is proposing to remove 
certain expired tolerances for disulfoton, fenamiphos, and thiophanate-
methyl. Also, EPA is proposing to modify certain tolerances for the 
fungicide thiophanate-methyl, herbicides dicamba, EPTC, hexazinone and 
picloram, and insecticide synergist N-octyl bicycloheptene 
dicarboximide. In addition, EPA is proposing to establish new 
tolerances for the fungicide thiophanate-methyl and the herbicides 
EPTC, hexazinone, and picloram. Also, EPA is proposing to reinstate 
specific tolerances for methamidophos residues as a result of the 
application of the insecticide acephate. The regulatory actions 
proposed in this document are in follow-up to the Agency's 
reregistration program under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), and tolerance reassessment program under the 
Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).

DATES: Comments must be received on or before July 19, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0262, 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.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0262. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: 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., 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 either 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 hours of 
operation of this Docket Facility are 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: Joseph Nevola, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; e-mail address: 
nevola.joseph@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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit II.A. 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. 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 e-mail. 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

[[Page 28157]]

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.

C. What Can I do if I Wish the Agency to Maintain a Tolerance that the 
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance proposed for 
revocation. If EPA receives a comment within the 60-day period to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f), if needed. The order would specify data needed 
and the timeframes for its submission, and would require that within 90 
days some person or persons notify EPA that they will submit the data. 
If the data are not submitted as required in the order, EPA will take 
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke, modify, and establish specific 
tolerances for residues of the fungicides dicloran and thiophanate-
methyl; the herbicides dicamba, EPTC, hexazinone, picloram, and 
propazine; the defoliant and herbicide cacodylic acid; the plant growth 
regulator and herbicide diquat, the insecticides disulfoton, malathion, 
methamidophos, methomyl, phosmet, piperonyl butoxide, pyrethrins, and 
thiodicarb; the fumigant antimicrobial and insecticide methyl bromide, 
the nematicides/insecticides ethoprop and fenamiphos; and the 
insecticide synergist N-octyl bicycloheptene dicarboximide; revoke the 
tolerance exemptions for the insecticide/miticide pyrethrum and 
insecticide synergist N-octyl bicycloheptene dicarboximide; remove 
certain expired tolerances for disulfoton, fenamiphos, and thiophanate-
methyl; and reinstate specific tolerances for methamidophos residues as 
a result of the application of the insecticide acephate in or on 
commodities listed in the regulatory text.
    EPA is proposing these tolerance/tolerance exemption actions to 
implement the tolerance recommendations made during the reregistration 
and tolerance reassessment processes (including follow-up on canceled 
or additional uses of pesticides). As part of these processes, EPA is 
required to determine whether each of the amended tolerances meets the 
safety standard of FFDCA. The safety finding determination of 
``reasonable certainty of no harm'' is discussed in detail in each 
Reregistration Eligibility Decision (RED) and Report of the Food 
Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk 
Management Decision (TRED) for the active ingredient. REDs and TREDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed copies of many REDs and TREDs may be obtained from 
EPA's National Service Center for Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1-
800-490-9198; fax number: 1-513-489-8695; Internet at http://www.epa.gov/ncepihom and from the National Technical Information 
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; telephone 
number: 1-800-553-6847 or (703) 605-6000; Internet at http://www.ntis.gov. Electronic copies of REDs and TREDs are available on the 
Internet in public dockets; REDs for cacodylic acid (EPA-HQ-OPP-2006-
0201), dicamba (EPA-HQ-OPP-2005-0479), ethoprop (EPA-HQ-OPP-2002-0269), 
malathion (EPA-HQ-OPP-2004-0348), N-octyl bicycloheptene dicarboximide 
(EPA-HQ-OPP-2005-0040), pyrethrum (see pyrethrins RED in EPA-HQ-OPP-
2005-0043), and thiophanate-methyl (EPA-HQ-OPP-2004-0265), and TREDs 
for hexazinone (EPA-HQ-OPP-2002-0188) and propazine (EPA-HQ-OPP-2005-
0496) at http://www.regulations.gov and REDs for acephate, EPTC, 
methamidophos, phosmet, and picloram at http://www.epa.gov/pesticides/reregistration/status.htm.
    The selection of an individual tolerance level is based on crop 
field residue studies designed to produce the maximum residues under 
the existing or proposed product label. Generally, the level selected 
for a tolerance is a value slightly above the maximum residue found in 
such studies, provided that the tolerance is safe. The evaluation of 
whether a tolerance is safe is a separate inquiry. EPA recommends the 
raising of a tolerance when data show that:
     Lawful use (sometimes through a label change) may result 
in a higher residue level on the commodity.
     The tolerance remains safe, notwithstanding increased 
residue level allowed under the tolerance.
In REDs, Chapter IV on ``Risk management, Reregistration, and Tolerance 
reassessment'' typically describes the regulatory position, FQPA 
assessment, cumulative safety determination, determination of safety 
for U.S. general population, and safety for infants and children. In 
particular, the human health risk assessment document which supports 
the RED describes risk exposure estimates and whether the Agency has 
concerns. In TREDs, the Agency discusses its evaluation of the dietary 
risk associated with the active ingredient and whether it can determine 
that there is a reasonable certainty (with appropriate mitigation) that 
no harm to any population subgroup will result from

[[Page 28158]]

aggregate exposure. EPA also seeks to harmonize tolerances with 
international standards set by the Codex Alimentarius Commission, as 
described in Unit III.
    Explanations for proposed modifications in tolerances can be found 
in the RED and TRED document and in more detail in the Residue 
Chemistry Chapter document which supports the RED and TRED. Copies of 
the Residue Chemistry Chapter documents are found in the Administrative 
Record and electronic copies for dicamba, ethoprop (Data Requirements 
and Tolerance Reassessment), hexazinone, malathion, N-octyl 
bicycloheptene dicarboximide, propazine, pyrethrum (see pyrethrins), 
and thiophanate-methyl can be found under their respective public 
docket ID numbers, identified in Unit II.A. Electronic copies are also 
available in public dockets for acephate (EPA-HQ-OPP-2007-0445), 
cacodylic acid (EPA-HQ-OPP-2006-0201), methamidophos (EPA-HQ-OPP-2007-
0261), and phosmet (EPA-HQ-OPP-2008-0834), and for EPTC in the public 
docket for this proposed rule. Electronic copies are available through 
EPA's electronic public docket and comment system, regulations.gov at 
http://www.regulations.gov. You may search for this proposed rule under 
docket ID number EPA-HQ-OPP-2010-0262, then click on that docket ID 
number to view its contents.
    EPA has determined that the aggregate exposures and risks are not 
of concern for the above mentioned pesticide active ingredients based 
upon the data identified in the RED or TRED which lists the submitted 
studies that the Agency found acceptable.
    EPA has found that the tolerances/tolerance exemptions that are 
proposed in this document to be modified, are safe; i.e., that there is 
a reasonable certainty that no harm will result to infants and children 
from aggregate exposure to the pesticide chemical residues, in 
accordance with FFDCA section 408(b)(2)(C). (Note that changes to 
tolerance nomenclature do not constitute modifications of tolerances). 
These findings are discussed in detail in each RED or TRED. The 
references are available for inspection as described in this document 
under SUPPLEMENTARY INFORMATION.
    In addition, EPA is proposing to revoke certain specific 
tolerances/tolerance exemptions because either they are no longer 
needed or are associated with food uses that are no longer registered 
under FIFRA. Those instances where registrations were canceled were 
because the registrant failed to pay the required maintenance fee and/
or the registrant voluntarily requested cancellation of one or more 
registered uses of the pesticide. It is EPA's general practice to 
propose revocation of those tolerances/tolerance exemptions for 
residues of pesticide active ingredients on crop uses for which there 
are no active registrations under FIFRA, unless any person in comments 
on the proposal indicates a need for the tolerance to cover residues in 
or on imported commodities or legally treated domestic commodities.
    1. Acephate. In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.108(a)(1) to read as follows:

    Tolerances are established for residues of acephate, O,S-
dimethyl acetyl phosphoramidothioate, including its metabolites and 
degradates other than methamidophos, in or on the commodities in the 
table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
acephate, O,S-dimethyl acetyl phosphoramidothioate, in or on the 
commodity.

    In the Federal Register of January 29, 2008 (73 FR 5104) (FRL-8348-
8), EPA revised the tolerance expression for acephate in 40 CFR 180.108 
from the combined residues of acephate, O,S-dimethyl acetyl 
phosphoramidothioate, and methamidophos, O,S-dimethyl 
phosphoramidothioate, to residues of acephate per se, removed the 
terminology ``of which no more than 1 ppm, 0.5 ppm, or 0.1 ppm is O,S-
dimethyl phosphoramidothioate'' from tolerances on bean (succulent and 
dry); Brussels sprouts; cauliflower; celery; cranberry; lettuce, head; 
mint hay, and pepper; and footnoted that residues of the acephate 
metabolite, methamidophos, are regulated under 40 CFR 180.315. However, 
the basis for this action was in error, as methamidophos tolerances for 
bean, dry, seed; bean, succulent; cranberry; peppermint, tops; and 
spearmint, tops had not in fact been established in 40 CFR 180.315. To 
remedy this inadvertent error, the Agency proposes to reinstate the 40 
CFR 180.108 tolerances. Consequently, EPA is proposing to separate 
tolerances for residues of methamidophos from the application of 
acephate in newly designated 40 CFR 180.108(a)(3), with the 
introductory text to read as follows:

    Tolerances are established for residues of methamidophos, O,S-
dimethyl phosphoramidothioate, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph 
as a result of the application of acephate. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only methamidophos, O,S-dimethyl phosphoramidothioate, in 
or on the commodity.

    In addition, EPA is proposing to reinstate the tolerances in 40 CFR 
180.108(a)(3) on bean, dry, seed at 1 ppm; bean, succulent at 1 ppm; 
Brussels sprouts at 0.5 ppm; cauliflower at 0.5 ppm (which is in 
harmony with the Codex maximumn residue limits (MRL) of 0.5 milligrams/
kilogram (mg/kg) on cauliflower); celery 1 ppm; cranberry at 0.1 ppm; 
lettuce, head at 1 ppm; pepper at 1 ppm; and reinstate mint hay, 
revising the tolerance terminology to peppermint, tops at 1 ppm and 
spearmint, tops at 1 ppm. On January 29, 2008, EPA published a final 
rule in the Federal Register (73 FR 5104) (FRL-8348-8), which finalized 
tolerance actions for several active ingredients, including acephate, 
and which increased the tolerances in 40 CFR 180.108(a)(1) for acephate 
residues in or on mint hay (peppermint, tops and spearmint, tops) from 
15.0 to 27.0 ppm. Consequently, methamidophos residues resulting from 
acephate application are expected by the Agency to be increased from 
1.0 to 2.0 ppm in or on peppermint, tops and spearmint, tops. However, 
the Agency is not proposing an increase on the peppermint, tops and 
spearmint, tops tolerances for methamidophos residues at this time.
    Based on available data that showed residues of acephate were as 
high as 0.02 ppm for only one of seven exposed food items following 
both a spot treatment and crack/crevice treatment for rooms treated 
with acephate at the 1x rate and residues of methamidophos were 
undetectable from these acephate treatments, the Agency determined that 
a tolerance level of 0.02 ppm for acephate residues was appropriate and 
that there was no expectation of methamidophos residues and therefore 
no methamidophos tolerance was needed concerning food handling 
establishments. Consequently, compliance with the tolerance at 0.02 ppm 
in 40 CFR 180.108(a)(2) should continue to be determined by measuring 
only acephate residues. However, in order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to revise the introductory text containing the tolerance expression in 
40 CFR 180.108(a)(2), to read as follows:

    A tolerance of 0.02 ppm is established for residues of acephate, 
O,S-dimethyl acetyl phosphoramidothioate, including its metabolites 
and degradates other than methamidophos, in or on all food items

[[Page 28159]]

(other than those already covered by a higher tolerance as a result 
of use on growing crops) in food handling establishments where food 
and food products are held, processed, prepared and served, 
including food service, manufacturing and processing establishments, 
such as restaurants, cafeterias, supermarkets, bakeries, breweries, 
dairies, meat slaughtering and packing plants, and canneries, where 
application of acephate shall be limited solely to spot and/or crack 
and crevice treatment (a coarse, low-pressure spray shall be used to 
avoid atomization or splashing of the spray for spot treatments; 
equipment capable of delivering a pin-stream of insecticide shall be 
used for crack and crevice treatments). Spray concentration shall be 
limited to a maximum of 1.0 percent active ingredient. Contamination 
of food or food-contact surfaces shall be avoided. Compliance with 
the tolerance levels specified in this paragraph is to be determined 
by measuring only acephate, O,S-dimethyl acetyl 
phosphoramidothioate, in or on the commodity.

    Because EPA is proposing to revise 40 CFR 180.108(a)(2) and include 
text from 40 CFR 180.108(a)(2)(i) and (a)(2)(ii), existing paragraphs 
(a)(2)(i) and (a)(2)(ii) are no longer needed. Therefore, EPA is 
proposing to remove 40 CFR 180.108(a)(2)(i) and (a)(2)(ii).
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the regional tolerance expression in 40 CFR 180.108(c) 
to read as follows:

    A tolerance with a regional registration is established for 
residues of acephate, O,S-dimethyl acetyl phosphoramidothioate, 
including its metabolites and degradates other than methamidophos, 
in or on the commodity in the table in this paragraph. Compliance 
with the tolerance level specified in this paragraph is to be 
determined by measuring only acephate, O,S-dimethyl acetyl 
phosphoramidothioate, in or on the commodity.

    Also, EPA is proposing to revise the table footnote in 40 CFR 
180.108(a)(1) and add a table footnote in 40 CFR 180.108(c) to read as 
follows:

    Where there is a direct use of methamidophos on the commodity, 
residues of methamidophos resulting from methamidophos application 
are regulated under 40 CFR 180.315.

    There are Codex MRLs for acephate, including those on beans, except 
broad bean and soya bean at 5 mg/kg, cauliflower at 2 mg/kg, cranberry 
at 0.5 mg/kg, peppers, chili (dry) at 50 mg/kg, and other commodities.
    2. Cacodylic acid. In the Federal Register notice of July 8, 2009 
(74 FR 32596) (FRL-8422-6), EPA issued a notice regarding EPA's 
announcement of the receipt of requests from registrants to voluntarily 
cancel certain registrations, including ones for cacodylic acid (and 
sodium salt) and therefore terminate the last cacodylic acid (and 
sodium salt) uses in or on cotton. After the close of the 30-day 
comment period, EPA approved cancellation of certain registrations, 
including the cacodylic acid (and sodium salt) registrations for uses 
in or on cotton and issued a cancellation order in the Federal Register 
notice of September 30, 2009 (74 FR 50187)(FRL-8437-7), made them 
effective on September 30, 2009, and prohibited the registrants for the 
canceled cacodylic acid (and sodium salt) registrations to sell and 
distribute existing stocks after December 31, 2009. Also, EPA 
prohibited persons other than the registrant to sell and distribute the 
canceled cacodylic acid (and sodium salt) existing stocks after 
December 31, 2010. The Agency believes that end users will have had 
sufficient time to exhaust those existing stocks and for treated cotton 
commodities to have cleared the channels of trade by January 1, 2012. 
The termination of the last cacodylic acid (and sodium salt) uses in or 
on cotton means that the tolerance will no longer be needed and should 
be revoked with an expiration/revocation date. Therefore, EPA is 
proposing to revoke the tolerance in 40 CFR 180.311(a) on cotton, 
undelinted seed with an expiration/revocation date of January 1, 2012.
    Currently, tolerances are expressed for the defoliant cacodylic 
acid in 40 CFR 180.311(a) for residues of cacodylic acid 
(dimethylarsinic acid), expressed as As2O3. In 
order to describe more clearly the measurement and scope or coverage of 
the tolerances, EPA is proposing to revise the introductory text 
containing the tolerance expression in 40 CFR 180.311(a) to read as 
follows:

    A tolerance is established for residues of the defoliant 
cacodylic acid, dimethylarsinic acid, including its metabolites and 
degradates, in or on the commodity in the table in this paragraph. 
Compliance with the tolerance level specified in this paragraph is 
to be determined by measuring only those cacodylic acid residues 
convertible to As2O3, expressed as the 
stoichiometric equivalent of cacodylic acid, in or on the commodity.

    There are no Codex MRLs for cacodylic acid.
    3. Dicamba. Based on available processing data that showed an 
average concentration factor of 24.4X for molasses and the Highest 
Average Field Trial (HAFT) residue of 0.183 ppm for sugarcane, EPA 
determined that the expected combined dicamba residues of concern in 
sugarcane molasses are 4.465 ppm, and that the currently established 
tolerance of 2.0 ppm for sugarcane molasses should be increased from 
2.0 to 5.0 ppm. Therefore, the Agency is proposing to increase the 
tolerance in 40 CFR 180.227(a)(1) on sugarcane, molasses to 5.0 ppm. 
The Agency determined that the increased tolerance is safe; i.e., there 
is a reasonable certainty that no harm will result from aggregate 
exposure to the pesticide chemical residue.
    Based on available sugarcane field trial data that showed combined 
dicamba residues of concern as high as 0.2 ppm in or on sugarcane 
harvested 87-173 days following a single layby application at 2.0 lb 
dicamba acid equivalents per acre (ae/A), EPA determined that the 
tolerance should be increased from 0.1 to 0.3 ppm. While the available 
data, conducted at an application rate of 2.0 lb dicamba ae/A, do not 
support the maximum seasonal single/yearly rate of 2.8 lb dicamba ae/A 
that was listed in the Dicamba Master Use Profile, the Agency 
determined that the available data was adequate provided the 
registrants revise their product labels to specify a maximum seasonal 
rate of 2.0 lb dicamba ae/A and an 87-day preharvest interval (PHI) for 
sugarcane or submit additional data on sugarcane reflecting a maximum 
single/yearly rate of 2.8 lb dicamba ae/A. In response to the Data 
Call-In (DCI) of June 27, 2008 that was issued to registrants, 
including the basic manufacturer BASF, BASF requested a waiver of the 
sugarcane study at 2.8 lb dicamba ae/A and cited MRID 44089302, and 
accepted rate limitations of 1 lb dicamba ae/A for single application, 
and an annual rate limitation of 2 lb dicamba ae/A. The Agency 
considers that available data to be sufficient provided product labels 
specify a maximum seasonal rate of 2.0 lb dicamba ae/A and an 87-day 
PHI for sugarcane. Therefore, because the current tolerance on 
sugarcane, cane at 0.1 ppm is too low, based on the available data, EPA 
is proposing to increase the tolerance in 40 CFR 180.227(a)(1) on 
sugarcane, cane to 0.3 ppm. The Agency determined that the increased 
tolerance is safe; i.e., there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue.
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.227(a)(1) to 
read as follows:

    Tolerances are established for residues of the herbicide 
dicamba, 3,6-dichloro-o-anisic

[[Page 28160]]

acid, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of dicamba, 3,6-dichloro-o-anisic acid, and 
its metabolite, 3,6-dichloro-5-hydroxy-o-anisic acid, calculated as 
the stoichiometric equivalent of dicamba, in or on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.227(a)(2) to 
read as follows:

    Tolerances are established for residues of the herbicide 
dicamba, 3,6-dichloro-o-anisic acid, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only the sum of dicamba, 3,6-dichloro-
o-anisic acid, and its metabolite, 3,6-dichloro-2-hydroxybenzoic 
acid, calculated as the stoichiometric equivalent of dicamba, in or 
on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.227(a)(3) to 
read as follows:

    Tolerances are established for residues of the herbicide 
dicamba, 3,6-dichloro-o-anisic acid, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only the sum of dicamba, 3,6-dichloro-
o-anisic acid, and its metabolites, 3,6-dichloro-5-hydroxy-o-anisic 
acid, and 3,6-dichloro-2-hydroxybenzoic acid, calculated as the 
stoichiometric equivalent of dicamba, in or on the commodity.

    There are no Codex MRLs for dicamba.
    4. Dicloran (DCNA). On December 2, 2009, EPA published a notice in 
the Federal Register (74 FR 63151) (FRL-8800-4) that announced the 
Agency's receipt of requests from the registrants to voluntarily amend 
certain dicloran registrations and therefore terminate the last 
dicloran uses on carrots. EPA approved amendment of the affected DCNA 
registrations by publishing a cancellation order on March 31, 2010 in 
the Federal Register (75 FR 16105) (FRL-8815-8) and made them effective 
on November 2, 2010, and permitted the dicloran registrant to sell and 
distribute existing dicloran stocks (concerning the last uses for 
carrots) until November 2, 2010. For all affected dicloran products, 
the Agency permitted persons other than the registrant to sell and 
distribute existing stocks and use of those cancelled products until 
exhaustion. However, the Agency believes that end users will have had 
sufficient time to exhaust those existing stocks and for treated carrot 
commodities to have cleared the channels of trade by November 2, 2011. 
Therefore, EPA is proposing to revoke the tolerance in 40 CFR 
180.200(a)(1) for carrot, roots, postharvest with an expiration/
revocation date of November 2, 2011.
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.200(a)(1) to 
read as follows:

    Tolerances are established for residues of the fungicide 
dicloran, 2,6-dichloro-4-nitroaniline, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only dicloran, 2,6-dichloro-4-
nitroaniline, in or on the commodity. Unless otherwise specified, 
these tolerances prescribed in this paragraph provide for residues 
from preharvest application only.

    There are Codex MRLs for dicloran, including an MRL on carrot at 15 
mg/kg, and MRLs on other plant commodities.
    5. Diquat. Currently, the only active registrations for diquat use 
on both sorghum grain and soybeans are for seed crops, and both uses 
have restrictions to not graze or feed treated forage to livestock and 
not use seed from treated plants for food, feed, or oil purposes. Given 
the restrictions, such uses are considered by the Agency to be non-
food, and therefore the tolerances are no longer needed and should be 
revoked. Consequently, EPA is proposing to revoke the tolerances in 40 
CFR 180.226(a)(1) on sorghum, grain, grain and soybean, seed.
    There are Codex MRLs for diquat on sorghum at 2 mg/kg and on 
soybean (dry) at 0.2 mg/kg.
    6. Disulfoton. On July 22, 2009, EPA published a notice in the 
Federal Register (74 FR 36204) (FRL-8427-2) that announced the Agency's 
receipt of requests from the registrants to voluntarily cancel all 
disulfoton and methamidophos registrations and therefore terminate the 
last disulfoton and methamidophos products registered for use in the 
United States, including the last disulfoton uses on asparagus, lima 
and snap beans, broccoli, Brussels sprouts, cabbage, cauliflower, 
coffee, cotton, and lettuce. EPA approved cancellation of the 
registrations by publishing a cancellation order on September 23, 2009 
in the Federal Register (74 FR 48551) (FRL-8437-1) and made them 
effective on September 23, 2009, and permitted the disulfoton 
registrants to sell and distribute existing disulfoton stocks 
(concerning the last uses for asparagus, lima and snap beans, broccoli, 
Brussels sprouts, cabbage, cauliflower, cotton, and lettuce) until 
December 31, 2010 and stocks of a single registration (264-723) with 
the last coffee use until June 30, 2011. For all affected disulfoton 
products, the Agency permitted persons other than the registrant to 
sell and distribute existing stocks and use of those cancelled products 
until exhaustion. However, the Agency believes that end users will have 
had sufficient time to exhaust those existing stocks and for treated 
asparagus, lima and snap beans, broccoli, Brussels sprouts, cabbage, 
cauliflower, cotton, and lettuce commodities to have cleared the 
channels of trade by December 31, 2012 and treated coffee commodities 
to have cleared the channels of trade by June 30, 2013. Therefore, EPA 
is proposing to revoke the tolerances in 40 CFR 180.183(a) for bean, 
lima; bean, snap, succulent; broccoli; Brussels sprouts; cabbage; 
cauliflower; cotton, undelinted seed; lettuce, head; and lettuce, leaf 
with expiration/revocation dates of December 31, 2012. Also, because 
there had been only active FIFRA section 24(c) registrations for use of 
disulfoton on asparagus, EPA is proposing to revoke the regional 
tolerance in 40 CFR 180.183(c) on asparagus with an expiration/
revocation date of December 31, 2012. In addition, EPA is proposing to 
revoke the tolerance in 40 CFR 180.183(a) for coffee, green bean with 
an expiration/revocation date of June 30, 2013.
    Because the tolerances for combined disulfoton residues of concern 
expired on October 14, 2009, EPA is proposing to remove the tolerances 
in 40 CFR 180.183(a) on spinach and tomato. Also, because the 
tolerances for combined disulfoton residues of concern expired on 
January 30, 2010, EPA is proposing to remove the tolerances in 40 CFR 
180.183(a) on barley, grain; barley, straw; cattle, fat; cattle, meat; 
cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; 
grain, aspirated fractions; hog, fat; hog, meat; hog, meat byproducts; 
horse, fat; horse, meat; horse, meat byproducts; milk; peanut; pepper; 
potato; sheep, fat; sheep, meat; sheep, meat byproducts; wheat, grain; 
wheat, hay; and wheat, straw.
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the section 
heading in 40 CFR 180.183 from O,O-diethyl S-(2-

[[Page 28161]]

(ethylthio)ethyl) phosphorodithioate to disulfoton and revise the 
introductory text containing the tolerance expression in 40 CFR 
180.183(a) to read as follows:

    Tolerances are established for residues of the insecticide 
disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, 
including its metabolites and degradates, in or on the commodities 
in the table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
the sum of disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) 
phosphorodithioate, and its metabolites demeton-S,O,O-diethyl S-(2-
(ethylthio)ethyl) phosphorothioate; disulfoton sulfoxide, O,O-
diethyl S-(2-(ethylsulfinyl)ethyl) phosphorodithioate; disulfoton 
oxygen analog sulfoxide, O,O-diethyl S-(2-(ethylsulfinyl)ethyl) 
phosphorothioate, disulfoton sulfone, O,O-diethyl S-(2-
(ethylsulfonyl)ethyl) phosphorodithioate; and disulfoton oxygen 
analog sulfone, O,O-diethyl S-(2-(ethylsulfonyl)ethyl) 
phosphorothioate; calculated as the stoichiometric equivalent of 
disulfoton, in or on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the regional tolerance expression in 40 CFR 180.183(c) 
to read as follows:

    A tolerance with regional registration is established for 
residues of the insecticide disulfoton, O,O-diethyl S-(2-
(ethylthio)ethyl) phosphorodithioate, including its metabolites and 
degradates, in or on the commodity in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only the sum of disulfoton, O,O-
diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, and its 
metabolites demeton-S, O,O-diethyl S-(2-(ethylthio)ethyl) 
phosphorothioate; disulfoton sulfoxide, O,O-diethyl S-(2-
(ethylsulfinyl)ethyl) phosphorodithioate; disulfoton oxygen analog 
sulfoxide, O,O-diethyl S-(2-(ethylsulfinyl)ethyl) phosphorothioate, 
disulfoton sulfone, O,O-diethyl S-(2-(ethylsulfonyl)ethyl) 
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O-
diethyl S-(2-(ethylsulfonyl)ethyl) phosphorothioate; calculated as 
the stoichiometric equivalent of disulfoton, in or on the commodity.

    There are Codex MRLs for disulfoton, including those on asparagus 
at 0.02 mg/kg, coffee beans at 0.2 mg/kg, common bean (pods and/or 
immature seeds) at 0.2 mg/kg, cotton, seed at 0.1 mg/kg, and other 
commodities.
    7. EPTC. Because cotton forage is no longer considered by the 
Agency to be a significant livestock feed commodity as delineated in 
``Table 1.--Raw Agricultural and Processed Commodities and Feedstuffs 
Derived from Crops,'' which is found in Residue Chemistry Test 
Guidelines OPPTS 860.1000, dated August 1996 (available at http://www.epa.gov/opptsfrs/publications/OPPTS_Harmonized/860_Residue_Chemistry_Test_Guidelines/Series/), EPA determined that the tolerance 
is no longer needed, and therefore should be revoked. Consequently, the 
Agency is proposing to revoke the tolerance in 40 CFR 180.117 for 
residues of S-ethyl dipropylthiocarbamate (EPTC) in or on cotton, 
forage.
    Because there have been no active S-ethyl dipropylthiocarbamate 
registrations in the United States for use on asparagus, small fruits 
(including strawberries), flax seeds, and pineapples for more than 10 
years, the tolerances are no longer needed and therefore should be 
revoked. Consequently, EPA is proposing to revoke the tolerances in 40 
CFR 180.117 on asparagus; fruit, small; strawberry; flax, seed; and 
pineapple.
    Because castor beans and oil products are not consumed by humans or 
livestock, EPA determined that the tolerance is no longer needed and 
therefore should be revoked. Consequently, EPA is proposing to revoke 
the tolerance in 40 CFR 180.117 on castorbean, seed.
    EPA is proposing, in 40 CFR 180.117, to remove the ``(N)'' 
designation from all entries to conform to current Agency 
administrative practice (``N'' designation means negligible residues). 
Also, tolerances are currently established in 40 CFR 180.117 for 
negligible residues of the herbicide S-ethyl dipropylthiocarbamate, 
also called EPTC. EPA determined that EPTC plant residues of 
toxicological concern are EPTC, EPTC sulfoxide, EPTC sulfone, and the 
EPTC conjugates (glutathione, cysteine, N-malonyl cysteine, S-lactic 
acid, and O-malonyl S-lactic acid conjugates). However, the Agency 
concurred with the registrant's position that development of a single 
enforcement analytical method that can detect each of these residues 
was not feasible. Because development of an enforcement analytical 
method for the hydroxylated metabolites (S-ethyl (2-
hydroxypropyl)propylcarbamothioate, S-(2-
hydroxyethyl)dipropylcarbamothioate, and S-ethyl (3-
hydroxypropyl)propylcarbamothioate) was feasible, the Agency concurred 
with the registrant's recommendation that EPTC and its hydroxylated 
metabolites be used as marker residues of EPTC residues of 
toxicological concern. Therefore, in order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to redesignate the existing paragraph from 40 CFR 180.117 to 180.117(a) 
and revise the introductory text containing the tolerance expression in 
newly designated 40 CFR 180.117(a) to include its hydroxylated 
metabolites as marker residues of S-ethyl dipropylthiocarbamate 
residues of toxicological concern (i.e., markers of EPTC, EPTC 
sulfoxide, EPTC sulfone, and the EPTC conjugates resulting from the 
glutathione-S-transferase pathway), to read as follows:

    Tolerances are established for residues of the herbicide S-ethyl 
dipropylthiocarbamate, including its metabolites and degradates, in 
or on the commodities in the table in this paragraph. Compliance 
with the tolerance levels specified in this paragraph is to be 
determined by measuring only the sum of S-ethyl 
dipropylthiocarbamate, S-ethyl (2-
hydroxypropyl)propylcarbamothioate, S-(2-
hydroxyethyl)dipropylcarbamothioate, and S-ethyl (3-
hydroxypropyl)propylcarbamothioate, calculated as the stoichiometric 
equivalent of S-ethyl dipropylthiocarbamate, in or on the commodity.

    The majority of the current crop groupings for residues of EPTC are 
based on obsolete crop groupings and, for many, the minimum data 
requirements for the establishment of crop group tolerances were not 
satisfied. Therefore, in the EPTC RED, the Agency recommended 
revocation of crop group tolerances, concomitant with the establishment 
of individual tolerances for the affected commodities.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were <0.09 ppm 
in or on potatoes and <0.11 ppm in on sugar beet roots, the Agency 
determined that the tolerance for the obsolete group, vegetable, root, 
should be revoked and individual tolerances should be established for 
beet, garden, roots; beet, sugar, roots; potato; and sweet potato 
(based on translation of available data from potatoes). Therefore, EPA 
is proposing in newly designated and revised 40 CFR 180.117(a) to 
revoke the tolerance on vegetable, root at 0.1 ppm and establish 
tolerances on beet, garden, roots at 0.1 ppm; beet, sugar, roots at 0.1 
ppm; potato at 0.1 ppm; and sweet potato, roots at 0.1 ppm. Also, based 
on processing data that showed combined residues of EPTC and its 
hydroxylated metabolites were as high as <0.80 ppm in molasses that was 
processed from the raw agricultural commodity (sugar beet roots) with 
residues as high as <0.2 ppm (after application at 2X the maximum 
exposure rate), the Agency determined that combined residues had 
concentrated in molasses by a factor of 4X and that after a 1X 
application on sugar beet roots, residues in molasses

[[Page 28162]]

would be expected at <0.1 ppm. Therefore, EPA is proposing to establish 
a tolerance in newly designated and revised 40 CFR 180.117(a) on beet, 
sugar, molasses at 0.4 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were non-
detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated 
metabolites; i.e., the Limit of Quantitation (LOQ) of the enforcement 
method for EPTC and its hydroxylated metabolites, respectively) in or 
on almond nutmeats and hulls, and walnut nutmeats, the Agency 
determined that the tolerance for the obsolete group, nut, should be 
revoked and individual tolerances should be established for almond, 
nutmeat and walnut, nutmeat; each at 0.08 ppm (0.05 ppm for EPTC and 
0.03 ppm for the combined hydroxylated metabolites), and decrease 
almond, hulls from 0.1 ppm to 0.08 ppm. Therefore, EPA is proposing in 
newly designated and revised 40 CFR 180.117(a) to revoke the tolerance 
on nut at 0.1 ppm and establish tolerances on almond at 0.08 ppm and 
walnut at 0.08 ppm, and decrease the tolerance on almond, hulls to 0.08 
ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were non-
detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated 
metabolites; i.e., the LOQ of the enforcement method for EPTC and its 
hydroxylated metabolites, respectively) in or on tomatoes, the Agency 
determined that the tolerance for the obsolete group, vegetable, 
fruiting, should be revoked and an individual tolerance should be 
established for tomato at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for 
the combined hydroxylated metabolites). Therefore, EPA is proposing in 
newly designated and revised 40 CFR 180.117(a) to revoke the tolerance 
on vegetable, fruiting at 0.1 ppm and establish a tolerance on tomato 
at 0.08 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate were non-detectable (<0.05 ppm) in or on alfalfa 
forage and hay, and clover forage and hay, and maximum total residues 
of EPTC hydroxylated metabolites were 0.18 ppm in or on alfalfa forage, 
0.61 ppm in or on alfalfa hay, 0.01 ppm in or on clover forage, and 
0.05 ppm in or on clover hay, the Agency determined that the tolerance 
for the obsolete group, legume, forage, should be revoked and 
individual tolerances should be established for alfalfa, forage at 0.2 
ppm and alfalfa, hay at 0.6 ppm, clover, forage at 0.1 ppm, and clover, 
hay at 0.1 ppm. Also, the Agency determined that the data for clover 
forage and hay can be translated to the forage and hay of trefoil and 
lespedeza, and therefore individual tolerances for each of them should 
be established at 0.1 ppm. Consequently, EPA is proposing in newly 
designated and revised 40 CFR 180.117(a) to revoke the tolerance on 
legume, forage at 0.1 ppm and establish tolerances on alfalfa, forage 
at 0.2 ppm, alfalfa, hay at 0.6 ppm, clover, forage at 0.1 ppm, clover, 
hay at 0.1 ppm, lespedeza, forage at 0.1 ppm, lespedeza, hay at 0.1 
ppm, trefoil, forage at 0.1 ppm, and trefoil, hay at 0.1 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate were non-detectable (<0.05 ppm) in or on sugar 
beet tops, and maximum total residues of EPTC and its hydroxylated 
metabolites were <0.47 ppm in or on sugar beet tops, the Agency 
determined that the tolerance for the obsolete group, vegetable, leafy, 
should be revoked and individual tolerances should be established for 
beet, garden, tops at 0.5 ppm and beet, sugar, tops at 0.5 ppm. 
Therefore, EPA is proposing in newly designated and revised 40 CFR 
180.117(a) to revoke the tolerance on vegetable, leafy at 0.1 ppm and 
establish tolerances on beet, garden, tops at 0.5 ppm and beet, sugar, 
tops at 0.5 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were non-
detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated 
metabolites; i.e., the LOQ of the enforcement method for EPTC and its 
hydroxylated metabolites, respectively) in or on beans (succulent and 
dry), the Agency determined that the tolerance for the obsolete group, 
vegetable, seed and pod, should be revoked and individual tolerances 
should be established for bean, dry, seed; bean, succulent; and pea, 
succulent (based on translation of available data from succulent 
beans); each at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the 
combined hydroxylated metabolites). Therefore, EPA is proposing in 
newly designated and revised 40 CFR 180.117(a) to revoke the tolerance 
on vegetable, seed and pod at 0.1 ppm and establish tolerances on bean, 
dry, seed at 0.08 ppm, bean, succulent at 0.08 ppm, and pea, succulent 
at 0.08 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were non-
detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated 
metabolites; i.e., the LOQ of the enforcement method for EPTC and its 
hydroxylated metabolites, respectively) in or on field corn grain or 
sweet corn ear, the Agency determined that the tolerance for the 
obsolete group, grain, crop, should be revoked, data could be 
translated from field corn grain to popcorn grain, and individual 
tolerances should be established for corn, field, grain; corn, pop, 
grain; and corn, sweet, kernel plus cob with husks removed; each at 
0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated 
metabolites). Therefore, EPA is proposing in newly designated and 
revised 40 CFR 180.117(a) to revoke the tolerance on grain, crop at 0.1 
ppm and establish tolerances on corn, field, grain at 0.08 ppm, corn, 
pop, grain at 0.08 ppm, and corn, sweet, kernel plus cob with husks 
removed at 0.08 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were non-
detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated 
metabolites; i.e., the LOQ of the enforcement method for EPTC and its 
hydroxylated metabolites, respectively) in or on field corn forage and 
stover, and sweet corn forage and ears, the Agency determined that the 
tolerance for the obsolete group, grass, forage, should be revoked, 
data could be translated from field corn stover to popcorn stover, and 
individual tolerances should be established for corn, field, forage; 
corn, field, stover; corn, pop, stover; corn, sweet, forage; and corn, 
sweet, stover; each at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the 
combined hydroxylated metabolites). Therefore, EPA is proposing in 
newly designated and revised 40 CFR 180.117(a) to revoke the tolerance 
on grass, forage at 0.1 ppm and establish tolerances on corn, field, 
forage at 0.08 ppm, corn, field, stover at 0.08 ppm, corn, pop, stover 
at 0.08 ppm, corn, sweet, forage at 0.08 ppm, and corn, sweet, stover 
at 0.08 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were non-
detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated 
metabolites; i.e., the LOQ of the enforcement method for EPTC and its 
hydroxylated metabolites, respectively) in or on cottonseed, safflower 
seeds, and sunflower seeds, the Agency determined that the tolerances 
on cottonseed, safflower seed, and sunflower seed should be decreased 
from 0.1 to 0.08

[[Page 28163]]

ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated 
metabolites). Therefore, EPA is proposing in newly designated and 
revised 40 CFR 180.117(a) to decrease the tolerances on cotton, 
undelinted seed to 0.08 ppm; safflower, seed to 0.08 ppm; and 
sunflower, seed to 0.08 ppm.
    Based on available field trial data that showed residues of S-ethyl 
dipropylthiocarbamate and its hydroxylated metabolites were <0.05 ppm 
for EPTC and each of the three hydroxylated metabolites (total combined 
residues were <0.20 ppm) in or on cotton gin byproducts, the Agency 
determined that a tolerance should be established at 0.20 ppm. 
Therefore, EPA is proposing in newly designated and revised 40 CFR 
180.117(a) to establish a tolerance on cotton, gin byproducts at 0.20 
ppm.
    In accordance with current Agency practice, EPA is proposing to 
revise 40 CFR 180.117 by adding separate paragraphs (b), (c), and (d), 
and reserving those paragraphs with tolerance exemptions for section 18 
emergency exemptions, tolerances with regional registrations, and 
tolerances with indirect or inadvertent residues, respectively. Also 
EPA is proposing to revise the nomenclature and tolerance in newly 
designated and revised 40 CFR 180.117(a) from ``fruit, citrus'' to 
``fruit, citrus, group 10.''
    There are no Codex MRLs for EPTC.
    8. Ethoprop. On May 27, 2009, EPA published a notice in the Federal 
Register (74 FR 25237) (FRL-8418-2) that announced the Agency's receipt 
of request from the registrant to voluntarily amend a registration and 
therefore terminate the last ethoprop use in the United States on 
pineapple. EPA approved amendment of the registration by issuing a 
cancellation order on July 9, 2009 to the registrant, made it effective 
on July 23, 2009, and permitted the registrant to sell and distribute 
existing ethoprop stocks of the amended registration (concerning 
pineapple use deletion) for 18 months after July 9, 2009; i.e., until 
January 9, 2011. The Agency permitted persons other than the registrant 
to sell and distribute existing stocks and use of the affected ethoprop 
product until exhaustion. However, the Agency believes that end users 
will have had sufficient time to exhaust those existing stocks and for 
ethoprop treated pineapple commodities to have cleared the channels of 
trade by January 9, 2012. Therefore, EPA is proposing to revoke the 
tolerance in 40 CFR 180.262(a) for pineapple with an expiration/
revocation date of January 9, 2012.
    Because there have been no active registrations in the United 
States for ethoprop use on popcorn for more than 10 years, and 
therefore, tolerances covering popcorn use are no longer needed, EPA is 
proposing to revoke the tolerances in 40 CFR 180.262(a) on corn, pop, 
grain and corn, pop, stover.
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.262(a) to read 
as follows:

    Tolerances are established for residues of the nematocide and 
insecticide ethoprop, O-ethyl S,S-dipropyl phosphorodithioate, 
including its metabolites and degradates, in or on the commodities 
in the table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
ethoprop, O-ethyl S,S-dipropyl phosphorodithioate, in or on the 
commodity.

    There are no Codex MRLs for ethoprophos on pineapple or corn, but 
there are MRLs for ethoprophos on other commodities.
    9. Fenamiphos. There have been no active food use registrations for 
fenamiphos in the United States since 2007. In a proposed rule that EPA 
published in the Federal Register on February 6, 2008 (73 FR 6867) 
(FRL-8345-2), the Agency proposed specific tolerances for multiple 
pesticide active ingredients, including fenamiphos, and stated that 
Bayer CropScience informed the Agency that it would support fenamiphos 
tolerances on citrus and garlic, among others, for import purposes 
since there were no active domestic registrations for those uses. In 
January 2010, Bayer CropScience informed EPA that it no longer was 
interested in supporting import tolerances for residues of fenamiphos 
in or on citrus and garlic, but would continue to support import 
tolerances for residues of fenamiphos in or on banana, grape, and 
pineapple. Because no one other than Bayer CropScience expressed an 
interest in retaining the fenamiphos tolerances on citrus and garlic, 
there is no longer a need for them. Therefore, EPA is proposing to 
revoke the tolerances in 40 CFR 180.349(a) on citrus, dried pulp; 
citrus, oil; fruit, citrus, group 10; and garlic; add a missing 
footnote to the tolerance for grape, raisin to reflect that it has no 
U.S. registrations, and revise the footnoted information for all 
remaining tolerances to reflect the effective cancellation date of the 
last fenamiphos registrations in the United States to be as of May 31, 
2007.
    Because the tolerances expired on December 31, 2009, EPA is 
proposing to remove the tolerances in 40 CFR 180.349(a) on apple; 
Brussels sprouts; cabbage; cherry, sweet; cherry, tart; eggplant; okra; 
peach; peanut; raspberry; and strawberry; in 180.349(c) on asparagus; 
beet, garden, roots; beet, garden, tops; cabbage, Chinese, bok choy; 
kiwifruit; and pepper, nonbell; and reserve paragraph (c).
    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.349(a) to read as follows:

    Tolerances are established for residues of the nematicide/
insecticide fenamiphos, ethyl 3-methyl-4-(methylthio)phenyl 1-
(methylethyl)phosphoramidate, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only the sum of fenamiphos, ethyl 3-
methyl-4-(methylthio)phenyl 1-(methylethyl)phosphoramidate, and its 
cholinesterase inhibiting metabolites ethyl 3-methyl-4-
(methylsulfinyl)phenyl 1-(methylethyl)phosphoramidate and ethyl 3-
methyl-4-(methylsulfonyl)phenyl 1-(methylethyl)phosphoramidate, 
calculated as the stoichiometric equivalent of fenamiphos, in or on 
the commodity.

    There are Codex MRLs for fenamiphos, including those on apple; 
banana; Brussels sprouts; cabbages, head; and peanut at 0.05 mg/kg, and 
other commodities.
    10. Hexazinone. Currently, tolerances are expressed for the 
herbicide hexazinone in 40 CFR 180.396(a)(1) for the combined residues 
of hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4-(1H, 3H)-dione) and its plant metabolites; A (3-(4-
hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 
3H)-dione, B (3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-
(1H, 3H)-dione), C (3-(4-hydroxycyclohexyl)-6-(methylamino)-1-methyl-
1,3,5-triazine-2,4-(1H, 3H)-dione), D (3-cyclohexyl)-1-methyl-1,3,5-
triazine-2,4,6-(1H, 3H, 5H)-trione), and E (3-(4-hydroxycyclohexyl)-1-
methyl-1,3,5-triazine-2,4,6-(1H, 3H, 5H)-trione) (calculated as 
hexazinone). In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.396(a)(1) to read as follows:

    Tolerances are established for residues of the herbicide 
hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4-(1H, 3H)-dione, including its metabolites and degradates, in or 
on the commodities in the

[[Page 28164]]

table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
the sum of hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-
1,3,5-triazine-2,4-(1H, 3H)-dione, and its plant metabolites: 
metabolite A, 3-(4-hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-
1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite B, 3-cyclohexyl-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite 
C, 3-(4-hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-triazine-
2,4-(1H, 3H)-dione, metabolite D, 3-cyclohexyl-1-methyl-1,3,5-
triazine-2,4,6-(1H, 3H, 5H)-trione, and metabolite E, 3-(4-
hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H, 3H, 5H)-
trione, calculated as the stoichiometric equivalent of hexazinone, 
in or on the commodity.

    Based on available field trial data that showed combined hexazinone 
residues of concern as high as 183 ppm in or on grass forage at a 0-day 
PHI and 133 ppm in or on grass, hay at a 14 to 38-day PHI, EPA 
determined that the tolerance for grass forage should be increased from 
10 to 250 ppm, and a tolerance for grass hay should be established at 
230 ppm. Therefore, EPA is proposing to increase the tolerance in 40 
CFR 180.396(a)(1) on grass, forage to 250 ppm and establish a tolerance 
in 40 CFR 180.396(a)(1) on grass, hay at 230 ppm. The Agency determined 
that the increased tolerance is safe; i.e., there is a reasonable 
certainty that no harm will result from aggregate exposure to the 
pesticide chemical residue.
    Based on available field trial data that showed combined hexazinone 
residues of concern as high as <3.33 ppm in or on alfalfa hay, EPA 
determined that the tolerance on alfalfa hay should be decreased from 
8.0 to 4.0 ppm. Therefore, the Agency is proposing in 40 CFR 
180.396(a)(1) to decrease the tolerance on alfalfa, hay to 4.0 ppm.
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.396(a)(2) to 
read as follows:

    Tolerances are established for residues of the herbicide 
hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4-(1H, 3H)-dione, including its metabolites and degradates, in or 
on the commodities in the table in this paragraph. Compliance with 
the tolerance levels specified in this paragraph is to be determined 
by measuring only the sum of hexazinone, 3-cyclohexyl-6-
(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and its 
animal tissue metabolites: metabolite B, 3-cyclohexyl-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and 
metabolite F, 3-cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H, 
3H)-dione, calculated as the stoichiometric equivalent of 
hexazinone, in or on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.396(a)(3) to 
read as follows:

    A tolerance is established for residues of the herbicide 
hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4-(1H, 3H)-dione, including its metabolites and degradates, in or 
on the commodity in the table in this paragraph. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only the sum of hexazinone, 3-cyclohexyl-6-
(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and its 
metabolites: metabolite B, 3-cyclohexyl-6-(methylamino)-1-methyl-
1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite C, 3-(4-
hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 
3H)-dione, metabolite C-2, 3-(3-hydroxycyclohexyl)-6-(methylamino)-
1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and metabolite F, 3-
cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, 
calculated as the stoichiometric equivalent of hexazinone, in or on 
the commodity.

    In the Federal Register of September 27, 2006 (71 FR 56392) (FRL-
8089-6), EPA published a final tolerance rule for several active 
pesticide ingredients, including hexazinone. Because the Agency 
received a comment from DuPont Crop Protection which stated that it 
would be submitting grass residue data and expected increased residues 
that would warrant revision of existing tolerances for both grass and 
hay as livestock feed commodities, EPA did not finalize revocation of 
certain livestock tolerances for hexazinone, in 40 CFR 180.396, at that 
time. Upon review of the submitted data, EPA has determined that 
tolerances on the fat of cattle, goats, hogs, horses, and sheep should 
be maintained at 0.1 ppm. However, based on available field trial data 
for grass and hay, and a recalculation of dietary burden that show the 
maximum total hexazinone residues were 3.85 ppm in liver, 2.19 ppm in 
kidney, 0.32 ppm in muscle, <0.1 ppm in fat, and 11.09 ppm in milk, the 
Agency determined that meat byproduct tolerances of cattle, goats, 
hogs, horses, and sheep should be increased from 0.1 to 4.0 ppm; meat 
tolerances of cattle, goats, hogs, horses, and sheep should be 
increased from 0.1 to 0.5 ppm, and the milk tolerance should be 
increased from 0.2 to 11 ppm. Therefore, EPA is proposing to increase 
the tolerances in 40 CFR 180.396(a)(2) on cattle, meat byproducts; 
goat, meat byproducts; hog, meat byproducts; horse, meat byproducts; 
and sheep, meat byproducts; each to 4.0 ppm; and on cattle, meat; goat, 
meat; hog, meat; horse, meat; and sheep, meat; each to 0.5 ppm. Also, 
EPA is proposing to increase the tolerance in 40 CFR 180.396(a)(3) on 
milk to 11 ppm. The Agency determined that the increased tolerances are 
safe; i.e., there is a reasonable certainty that no harm will result 
from aggregate exposure to the pesticide chemical residue.
    Also, in the Federal Register of September 27, 2006 (71 FR 56392), 
EPA agreed with a comment from DuPont Crop Protection which stated that 
registrations for use of hexazinone on sugarcane in Florida are active 
and that the current regional tolerances for sugarcane be designated as 
general tolerances. Therefore, EPA is proposing to revoke the regional 
tolerances in 40 CFR 180.396(c) on sugarcane, cane at 0.6 ppm and 
sugarcane, molasses at 4.0 ppm, reserve paragraph (c) for tolerances 
with regional registrations, and establish tolerances in 40 CFR 
180.396(a)(1) on sugarcane, cane at 0.6 ppm and sugarcane, molasses at 
4.0 ppm.
    There are no Codex MRLs for hexazinone.
    11. Malathion. Based on available ruminant and poultry metabolism 
data at exaggerated feeding rates of malathion-treated livestock feeds 
and that no active registrations for direct animal treatment with 
malathion have existed since March 2005, EPA determined that there is 
no reasonable expectation of finite residues of malathion in fat, meat, 
and meat byproducts of cattle, goats, hogs, horses, poultry, and sheep; 
milk fat; and eggs. These tolerances are no longer needed under 40 CFR 
180.6(a)(3). Therefore, EPA is proposing to revoke the tolerances in 40 
CFR 180.111(a)(3) for residues of malathion in or on egg; milk, fat; 
cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, 
meat; goat, meat byproducts; hog, fat; hog, meat; hog, meat byproducts; 
horse, fat; horse, meat; horse, meat byproducts; poultry, fat; poultry, 
meat; poultry, meat byproducts; sheep, fat; sheep, meat; and sheep, 
meat byproducts; and therefore, remove paragraph (a)(3) in its 
entirety, including its footnote.
    On May 20, 2009, EPA published a notice in the Federal Register (74 
FR 23708) (FRL-8414-2) that announced the Agency's receipt of requests 
from the registrants to voluntarily cancel or amend specific malathion 
registrations and therefore terminate specific uses, including the last 
use on cranberries for malathion products registered for use in the 
United States. EPA approved cancellation of these registrations and 
uses by publishing a cancellation order on July 15, 2009 in the Federal 
Register (74 FR 34345) (FRL-8425-3) and made

[[Page 28165]]

them effective on July 15, 2009, and permitted the malathion 
registrants, including the registrant who requested to amend to 
terminate the use on cranberry, to sell and distribute existing 
malathion stocks (concerning the last use for cranberry) for 1 year 
from the effective date of July 15, 2009; i.e., until July 15, 2010. 
The Agency permitted persons other than the registrant to sell and 
distribute existing stocks and use of those cancelled products until 
exhaustion. However, the Agency believes that end users will have had 
sufficient time to exhaust those existing stocks and for treated 
cranberry commodities to have cleared the channels of trade by July 15, 
2011. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 
180.111(a)(1) on cranberry with an expiration/revocation date of July 
15, 2011.
    Based on available processing data that showed combined residues of 
malathion and malaoxon on whole grapes were higher than those on 
raisins from pre-harvest grapes treated at 5X the maximum single 
application rate, the Agency determined that malathion residues of 
concern did not concentrate in raisins. Also, while there are active 
registrations for the pre-harvest use of malathion on grapes, covered 
by the tolerance on grapes at 8 ppm in 40 CFR 180.111(a)(1), there have 
been no active malathion registrations in the United States for 
malathion use on raisins or paper trays for drying grapes to raisins 
for more than 10 years. Therefore, the tolerance in currently existing 
40 CFR 180.111(a)(4) on raisin at 12 ppm is no longer needed and should 
be revoked. Consequently, EPA is proposing to revoke the tolerance in 
currently existing 40 CFR 180.111(a)(4) on raisins at 12 ppm resulting 
from drying of grape on treated trays and from application to grape 
before harvest, and remove paragraphs (a)(4) and (a)(6) in their 
entireties.
    Because there have been no active malathion registrations in the 
United States for use on paper used in packaging non-medicated cattle 
feed concentrate blocks since 1997, use on bagged citrus pulp since 
1997, use on sunflower commodities since 2002, safflower commodities 
since 2003, and peanut commodities since early 2007, the tolerances are 
no longer needed and therefore should be revoked. Consequently, EPA is 
proposing to revoke the tolerances in 40 CFR 180.111(a)(1) on 
sunflower, seed, postharvest; safflower, seed; peanut, hay; peanut, 
postharvest; the tolerance in currently existing 40 CFR 180.111(a)(5) 
on safflower, refined oil, and remove paragraph (a)(5) in its entirety; 
and the tolerances in currently existing 40 CFR 180.111(a)(7)(i) on 
citrus, dried pulp as the result of the application to bagged citrus 
pulp during storage, and in currently existing 40 CFR 180.111(a)(7)(ii) 
on non-medicated cattle feed concentrate blocks as the result of 
application to paper used in its packaging, and remove paragraph (a)(7) 
in its entirety.
    In order to conform to current Agency practice in 40 CFR 
180.111(a)(1), EPA is proposing to revise the commodity terminology 
from ``bean, dry seed'' to ``bean, dry, seed.''
    There are no Codex MRLs for malathion on egg, milk, or animal 
commodities; however, there are Codex MRLs for malathion on citrus 
fruits and other specific plant commodities.
    12. Methamidophos. On July 22, 2009, EPA published a notice in the 
Federal Register (74 FR 36204) (FRL-8427-2) that announced the Agency's 
receipt of requests from the registrants to voluntarily cancel all 
disulfoton and methamidophos registrations and therefore terminate the 
last disulfoton and methamidophos products registered for use in the 
United States, including the last methamidophos uses on cotton, potato, 
and tomato. EPA approved cancellation of the registrations by 
publishing a cancellation order on September 23, 2009 in the Federal 
Register (74 FR 48551) (FRL-8437-1) and made them effective on 
September 23, 2009, and permitted the methamidophos registrant to sell 
and distribute existing methamidophos stocks (concerning cotton, 
potato, and tomato use) until December 31, 2010. For all affected 
methamidophos products, the Agency permitted persons other than the 
registrant to sell and distribute existing stocks and use of those 
cancelled products until exhaustion. However, the Agency believes that 
end users will have had sufficient time to exhaust those existing 
stocks and for treated cotton, potato, and tomato commodities to have 
cleared the channels of trade by December 31, 2012. Therefore, EPA is 
proposing to revoke the tolerances in 40 CFR 180.315(a) on cotton, 
undelinted seed, potato, and tomato with expiration/revocation dates of 
December 31, 2012. Also, because the last registrations for use of 
methamidophos on tomatoes were FIFRA section 24(c) registrations and 
there are no active registrations for use of acephate on tomatoes, the 
Agency has determined that the tomato tolerance should be redesignated 
as a regional tolerance. In addition, on May 23, 2007 (72 FR 28912) 
(FRL-8130-8), EPA published a proposed rule in the Federal Register 
concerning a number of pesticide active ingredients and proposed 
tolerance actions, including the proposed recodification of the 
methamidophos tolerance in 40 CFR 180.315 on tomato as a regional 
tolerance and an increase from 1.0 to 2.0 ppm based on data that showed 
residues as high as 1.4 ppm. During the public comment period, the 
Agency received comment from the California Department of Pesticide 
Regulation (CDPR), who asked that the tolerance in 40 CFR 180.315 on 
tomato be decreased to 0.3 ppm in order to be health protective. The 
suggested decrease was based on CDPR's dietary risk assessments for 
methamidophos at the 95th percentile for exposure and a tolerance level 
of 1 ppm, and not using a percent crop treated (PCT) adjustment for 
tomato. On September 26, 2007 (72 FR 54574) (FRL-8147-6), EPA published 
a final rule in the Federal Register in follow-up to the proposed rule 
of May 23, 2007 (72 FR 28912) and announced that it would not take 
action on methamidophos tolerances at that time based upon comments and 
issues concerning several commodities. However, EPA estimates dietary 
risks based on tolerance levels only as a screening tool. If risks are 
unacceptable using tolerance levels, a number of refinements can be 
made including the use of the entire distribution of field trial data, 
monitoring data, average residue levels for blended commodities, and 
PCT data. When using PCT data in dietary risk assessment, it is the 
Agency's policy to regulate at a higher percentile of exposure, 
typically the 99.9th percentile, to assure protection of public health. 
Using these refinements provides more accurate estimates of the level 
of pesticide residues present at the time of consumption and therefore 
more realistic dietary risk estimates. Since tolerances are established 
based solely on the available field trial residue data, and dietary 
risks can be refined in the ways described, which are not necessarily 
directly correlated with the tolerance level, the Agency does not agree 
that decreasing the current tolerance for tomato will provide any 
additional health protection. The Agency believes that the recommended 
tolerance of 2.0 ppm on tomato and the dietary risk assessment 
performed for methamidophos are protective of public health. Therefore, 
the Agency is proposing to redesignate 40 CFR 180.315(b) as 40 CFR 
180.315(c), remove the tolerance on tomato from 40 CFR 180.315(a) and 
transfer it to newly designated and revised 40 CFR 180.315(c), revoke 
the tolerance on tomato with an expiration/revocation

[[Page 28166]]

date of December 31, 2012, and increase the tolerance from 1.0 to 2.0 
ppm. The Agency determined that the increased tolerance is safe; i.e., 
there is a reasonable certainty that no harm will result from aggregate 
exposure to the pesticide chemical residue.
    Also, currently, tolerances for the insecticide methamidophos are 
expressed in 40 CFR 180.315(a) and newly designated and revised 
180.315(c) for residues of methamidophos, O,S-dimethyl 
phosphoramidothioate. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.315(a) to read as follows:

    Tolerances are established for residues of methamidophos, O,S-
dimethyl phosphoramidothioate, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph 
as a result of the application of methamidophos. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only methamidophos, O,S-dimethyl phosphoramidothioate, in 
or on the commodity.

    In addition, EPA is proposing to revise the introductory text 
containing the tolerance expression in newly designated and revised 40 
CFR 180.315(c) to read as follows:

    A tolerance with a regional registration is established for 
residues of methamidophos, O,S-dimethyl phosphoramidothioate, 
including its metabolites and degradates, in or on the commodity in 
the table in this paragraph as a result of the application of 
methamidophos. Compliance with the tolerance level specified in this 
paragraph is to be determined by measuring only methamidophos, O,S-
dimethyl phosphoramidothioate, in or on the commodity.

    Because there are no active registrations in the United States for 
methamidophos on Brussels sprouts and cauliflower since 1989; celery 
since 1998; and lettuce and peppers since 2001; the tolerances are no 
longer needed and therefore should be revoked. Consequently, EPA is 
proposing to revoke the tolerances in 40 CFR 180.315(a) on Brussels 
sprouts; cauliflower; lettuce; and pepper; and the regional tolerance 
in newly designated and revised 40 CFR 180.315(c) on celery.
    On May 23, 2007 (72 FR 28912), EPA published a proposed rule in the 
Federal Register concerning a number of pesticide active ingredients 
and proposed tolerance actions, including the proposed revocation of 
methamidophos tolerances in 40 CFR 180.315 on broccoli and cabbage 
because there are no active registrations for uses of either 
methamidophos or acephate on broccoli and cabbage in the United States 
and therefore, the tolerances were no longer needed. However, during 
the public comment period, the Agency received comment from Bayer 
CropScience Inc. and the Canadian Horticultural Council, who each asked 
that the tolerances in 40 CFR 180.315 on broccoli and cabbage not be 
revoked to allow continuation of the importation of methamidophos-
treated broccoli and cabbage commodities from Canada into the United 
States. On September 26, 2007 (72 FR 54574), EPA published a final rule 
in the Federal Register in follow-up to the proposed rule of May 23, 
2007 and announced that it would not take action on methamidophos 
tolerances at that time. Since then, Bayer CropScience Inc. has 
notified the Agency of a phase-out schedule they negotiated with the 
Pest Management Regulatory Agency (PMRA) in Canada where the last date 
of methamidophos product sale (Monitor 480) by Bayer CropScience Inc. 
is December 31, 2010, last date of methamidophos product sale (Monitor 
480) by retailers is December 31, 2011, and last date of permitted use 
and expiration of Monitor 480 registration in Canada is December 31, 
2012. In addition, Bayer CropScience Inc. has requested that EPA 
maintain U.S. tolerances on broccoli and cabbage until December 31, 
2012 in order to allow imports into the U.S. of broccoli and cabbage 
treated with methamidophos product. Therefore, EPA is proposing to 
revoke the tolerances in 40 CFR 180.315(a) on broccoli and cabbage with 
expiration/revocation dates of December 31, 2012.
    In accordance with current Agency practice, EPA is proposing to 
revise 40 CFR 180.315 by adding paragraphs (b) and (d), and reserving 
those paragraphs for tolerances with section 18 emergency exemptions 
and indirect or inadvertent residues, respectively.
    There are Codex MRLs for methamidophos, including those on 
cottonseed at 0.2 mg/kg and potato at 0.05 mg/kg, and other 
commodities.
    13. Methomyl. On April 25, 2007, EPA published a notice in the 
Federal Register (72 FR 20541) (FRL-8125-6) that announced the Agency's 
receipt of requests from the registrants for amendments to delete uses, 
including the last methomyl uses on strawberry. After a 180-day public 
comment period, EPA approved the use deletions and made them effective 
on March 10, 2008, and permitted the methomyl registrant to sell and 
distribute existing methomyl stocks (concerning strawberry use) for a 
period of 18 months after approval of the revision; i.e., until 
September 10, 2009. For all affected methomyl products, the Agency 
permitted persons other than the registrant to sell and distribute 
existing stocks and use of those cancelled products until exhaustion. 
However, the Agency believes that end users will have had sufficient 
time to exhaust those existing stocks and for treated strawberry 
commodities to have cleared the channels of trade by September 10, 
2010. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 
180.253(a) on strawberry on the date a final rule, in follow-up to this 
proposed rule, publishes in the Federal Register (which the Agency 
expects to occur after September 10, 2010). In addition, there have 
been no active food-use registrations for use of methomyl on leeks for 
more than 10 years and watercress since 1991, and therefore the 
tolerances are no longer needed and should be revoked. Consequently, 
EPA is proposing to revoke the tolerances in 40 CFR 180.253(a) on leek 
and watercress.
    There are no Codex MRLs on leek, strawberry, or watercress for 
methomyl.
    14. Methyl bromide. On September 30, 2009, EPA published a notice 
in the Federal Register (74 FR 50199) (FRL-8792-8) that announced the 
Agency's receipt of requests from the registrants for amendments to 
delete uses, including the last methyl bromide postharvest uses on 
alfalfa hay and cottonseed. On February 3, 2010 (75 FR 5582) (FRL-8805-
9), EPA approved the use deletions and made them effective on February 
3, 2010, and permitted the methyl bromide registrant to sell and 
distribute existing methyl bromide stocks (concerning alfalfa hay and 
cottonseed postharvest uses) until October 31, 2009. For all affected 
methyl bromide products, the Agency permitted persons other than the 
registrant to sell and distribute existing stocks until October 31, 
2010, and use of those cancelled products until exhaustion. However, 
the Agency believes that end users will have had sufficient time to 
exhaust those existing stocks and for treated alfalfa hay and 
cottonseed commodities to have cleared the channels of trade by October 
31, 2011. Therefore, EPA is proposing to revoke the tolerances in 40 
CFR 180.123(a)(1) on alfalfa, hay, postharvest and cotton, undelinted 
seed, postharvest with expiration/revocation dates of October 31, 2011.
    Because there have been no active methyl bromide registrations in 
the

[[Page 28167]]

United States for postharvest use on mangos and papayas for more than 
10 years, the tolerances are no longer needed and therefore should be 
revoked. Consequently, EPA is proposing to revoke the tolerances in 40 
CFR 180.123(a)(1) on mango, postharvest and papaya, postharvest. Also, 
because there have been no active methyl bromide registrations in the 
United States for postharvest use on timothy hay since October 19, 
2009, when one FIFRA section 24(c), special local need registration in 
California was amended to delete use on timothy hay, the tolerance is 
no longer needed and therefore should be revoked. The Agency believes 
that there will be sufficient time for product in channels of trade to 
be distributed and sold to users and for end users to exhaust those 
existing stocks and for treated timothy hay commodities to have cleared 
the channels of trade by October 19, 2010. Consequently, EPA is 
proposing to revoke the tolerance in 40 CFR 180.123(a)(1) on timothy, 
hay, postharvest with an expiration/revocation date of October 19, 
2010.
    While there are no Codex MRLs for methyl bromide, there are MRLs 
for the bromide ion on specific commodities, but none on alfalfa, 
cottonseed, mango, papaya, or timothy hay.
    15. N-octyl bicycloheptene dicarboximide (MGK-264). Currently, 
there are tolerances in 40 CFR 180.367(a)(2) for residues of MGK-264, 
piperonyl butoxide, and pyrethrins at 10 ppm, 10 ppm, and 1 ppm, 
respectively, when these pesticides are used in combination in or on 
food resulting from applications in food-processing and food-storage 
areas, provided that the food is removed or covered prior to such use. 
Based on available residue data for uncovered bagged foods that showed 
levels of MGK-264 at <5.0 ppm, the Agency determined that the tolerance 
for residues of MGK-264 in or on food in food-processing and food-
storage areas (where food is removed or covered prior to MGK-264 
treatment) should be decreased from 10 ppm to 5 ppm, that bagged foods 
in warehouse storage need not be removed or covered prior to 
applications of formulations containing MGK-264, and that while covered 
or removed foods in food processing/handling establishments are not 
likely to have detectable residues of MGK-264, uncovered foods showed 
residues at >5 ppm. Also, given that a proposed food handling 
establishment tolerance of 5 ppm in 40 CFR 180.367(a)(2) would cover 
the individual fat tolerances for residues resulting from dermal 
application at 0.3 ppm in Sec.  180.367(a)(1), the Agency determined 
that there is no longer a need for the fat tolerances at 0.3 ppm and 
they should be revoked. In addition, because tolerances for residues in 
or on food from applications in food-processing and food-storage areas 
currently exist in 40 CFR 180.127(a)(2)(iii) for piperonyl butoxide at 
10 ppm and in 40 CFR 180.128(a)(3) for pyrethrins at 1.0 ppm, the 
Agency determined that the tolerances for piperonyl butoxide and 
pyrethrins in 40 CFR 180.367(a)(2) are duplicates which are no longer 
needed and should be revoked since the use would be covered by the 
other tolerances. Therefore, EPA is proposing to revoke the tolerances 
at 0.3 ppm in 40 CFR 180.367(a)(1) for N-octyl bicycloheptene 
dicarboximide residues resulting from dermal application in or on 
cattle, fat; goat, fat; hog, fat; horse, fat; milk, fat; and sheep, 
fat; and remove existing paragraph (a)(1) in its entirety, revoke the 
tolerances for piperonyl butoxide at 10 ppm and pyrethrins at 1 ppm in 
40 CFR 180.367(a)(2)(ii), remove existing introductory text in 40 CFR 
180.367(a)(2), (a)(2)(i), and (a)(2)(iii); decrease the tolerance in 40 
CFR 180.367(a)(2)(ii) to 5 ppm and redesignate it as 40 CFR 180.367(a), 
and revise newly designated paragraph (a), as follows:

    A tolerance of 5 parts per million is established for residues 
of the insecticide synergist N-octyl bicycloheptene dicarboximide, 
including its metabolites and degradates, in or on all food items in 
food handling establishments where food and food products are held, 
processed, prepared and/or served, provided that the food is removed 
or covered prior to such use, except for bagged food in warehouse 
storage which need not be removed or covered prior to applications 
of formulations containing N-octyl bicycloheptene dicarboximide. 
Compliance with the tolerance level specified in this paragraph is 
to be determined by measuring only N-octyl bicycloheptene 
dicarboximide, in or on the commodity.

    Because there have been no uses of N-octyl 
bicycloheptenedicarboximide, MGK-264, in or on growing agricultural 
crops for more than 10 years, the tolerance exemption is no longer 
needed and therefore should be revoked. Consequently, EPA is proposing 
to revoke the tolerance exemption in 40 CFR 180.905(a)(2) for N-octyl 
bicyclo(2,2,1)-5-heptene-2,3-dicarboximide, when applied to growing 
crops. In addition, EPA is proposing to revise 40 CFR 180.905(a) as 
described herein under proposals for pyrethrum.
    There are no Codex MRLs for N-octyl bicycloheptene dicarboximide.
    16. Phosmet. On November 4, 2005, EPA published a notice in the 
Federal Register (70 FR 67167) (FRL-7744-7) that announced the Agency's 
receipt of requests from the registrants for amendments to delete uses 
in certain pesticide registrations, including the last phosmet uses on 
cotton. No comments were received by EPA and the Agency approved the 
use deletions on December 5, 2005, and permitted the registrants to 
sell and distribute existing stocks for a period of 18 months after 
approval; i.e., until June 5, 2007. The Agency believes that end users 
have had sufficient time to exhaust those existing stocks and for 
treated cotton to have cleared the channels of trade. Therefore, EPA is 
proposing to revoke the tolerances in 40 CFR 180.261(a) on cotton, 
refined oil and cotton, undelinted seed.
    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the section 
heading in 40 CFR 180.261 from N-(mercaptomethyl) phthalimide S-(O,O-
dimethyl phosphorodithioate) and its oxygen analog to phosmet and 
revise the introductory text containing the tolerance expression in 40 
CFR 180.261(a) to read as follows:

    Tolerances are established for residues of the insecticide 
phosmet, N-(mercaptomethyl) phthalimide S-(O,O-dimethyl 
phosphorodithioate), including its metabolites and degradates, in or 
on the commodities in the table in this paragraph. Compliance with 
the tolerance levels specified in this paragraph is to be determined 
by measuring only the sum of phosmet, N-(mercaptomethyl) phthalimide 
S-(O,O-dimethyl phosphorodithioate), and its oxygen analog, N-
(mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorothioate, 
calculated as the stoichiometric equivalent of phosmet, in or on the 
commodity.

    In addition, EPA is proposing to revise the introductory text 
containing the tolerance expression for regional tolerances in 40 CFR 
180.261(c) to read as follows:

    Tolerances with regional registration are established for 
residues of the insecticide phosmet, N-(mercaptomethyl) phthalimide 
S-(O,O-dimethyl phosphorodithioate), including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only the sum of phosmet, N-
(mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorodithioate), 
and its oxygen analog, N-(mercaptomethyl) phthalimide S-(O,O-
dimethyl phosphorothioate, calculated as the stoichiometric 
equivalent of phosmet, in or on the commodity.


[[Page 28168]]


    There are Codex MRLs on certain commodities for phosmet, including 
an MRL on cottonseed.
    17. Picloram. As a post-RED action, EPA made certain tolerance 
determinations for picloram on November 19, 2009 in a document made 
available in the public docket of this proposed rule. Because there is 
no need for a different tolerance expression for the existing 
tolerances for picloram residues in processed grain commodities in 40 
CFR 180.292(a)(2), EPA determined that paragraph (a)(2) should be 
removed and the tolerances there should be moved into the table in 
Sec.  180.292(a)(1), which therefore should be redesignated as 
paragraph (a).
    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in newly 
designated 40 CFR 180.292(a) to read as follows:

    Tolerances are established for residues of the herbicide 
picloram, 4-amino-3,5,6-trichloropicolinic acid, including its 
metabolites and degradates, in or on the commodities in the table in 
this paragraph from its application in the acid form or in the form 
of its salts. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only picloram, 4-amino-
3,5,6-trichloropicolinic acid, in or on the commodity.

    Based on available field trial data that showed picloram residues 
of 195 ppm in or on grass forage at an application rate of 0.5 lb ae/A 
with a 0-day PHI, EPA determined that the existing tolerance should be 
increased from 80.0 to 400 ppm, which is an appropriate tolerance level 
for grass forage for the existing maximum approved rate of 1.0 lb ae/A. 
Also, based on available data that showed picloram residues as high as 
170 ppm in or on grass hay at an application rate of 2.0 lb ae/A with a 
14-day PHI and 213 ppm in or on grass hay at an application rate of 0.5 
lb ae/A with a 0-day PHI, EPA determined that a tolerance should be 
established on grass hay at 225 ppm. Therefore, EPA is proposing to 
increase the tolerance in 40 CFR 180.292(a) on grass, forage to 400 ppm 
and establish a tolerance in 40 CFR 180.292(a) on grass, hay at 225 
ppm. The Agency determined that the increased tolerance is safe; i.e., 
there is a reasonable certainty that no harm will result from aggregate 
exposure to the pesticide chemical residue.
    Based on available cattle exaggerated feeding data at 1.39X the 
Maximum Theoretical Dietary Burden (MTDB) that showed picloram residues 
at 0.5 ppm in fat, 0.5 ppm in muscle, 18 ppm in kidney, 2.0 ppm in 
liver, and 0.29 ppm in milk, EPA calculated that the maximum expected 
residues in fat, muscle, meat byproducts, and milk at 1X MTDB to be 
0.36 ppm, 0.36 ppm, 12.95 ppm, and 0.21 pm, respectively. Therefore, 
the Agency determined that the tolerances for the fat and meat of 
cattle, goats, horses, and sheep should be increased from 0.2 to 0.4 
ppm, the tolerance for milk should be increased from 0.05 to 0.25 ppm; 
the separate tolerances for the kidney of cattle, goats, horses, and 
sheep, and liver of cattle, goats, horses, and sheep should be revoked 
because they will be covered by redefined meat byproduct tolerances for 
cattle, goats, horses, and sheep, and the redefined meat byproduct 
tolerances should be increased to 15 ppm. Consequently, EPA is 
proposing to increase the tolerances in 40 CFR 180.292(a) on cattle, 
fat; cattle, meat; goat, fat; goat, meat; horse, fat; horse, meat; 
sheep, fat; and sheep, meat to 0.4 ppm, and milk to 0.25 ppm. Also, EPA 
is proposing to revoke the individual tolerances in 40 CFR 180.292(a) 
on cattle, kidney; cattle, liver; goat, kidney; goat, liver; horse, 
kidney, horse, liver; sheep kidney; and sheep, liver. In addition, EPA 
is proposing to revise the tolerances in 40 CFR 180.292(a) on ``cattle, 
meat byproducts, except kidney and liver'' to ``cattle, meat 
byproducts;'' ``goat, meat byproducts, except kidney and liver'' to 
``goat, meat byproducts;'' ``horse, meat byproducts, except kidney and 
liver'' to ``horse, meat byproducts;'' and ``sheep, meat byproducts, 
except kidney and liver'' to ``sheep, meat byproducts;'' and increase 
them to 15 ppm. The Agency determined that the increased tolerances are 
safe; i.e., there is a reasonable certainty that no harm will result 
from aggregate exposure to the pesticide chemical residue.
    Although grass commodities are not significant feed items for 
swine, wheat milled byproduct feed items which have picloram tolerances 
show that the MTDB for swine is low (1.5 ppm). The lowest levels of 
picloram fed to cattle and sheep (200 and 30 ppm) were well above the 
anticipated exposure for hogs and the 30 ppm dose showed picloram 
residues in kidney, liver, fat, and muscle of sheep were 0.38 ppm, 
<0.05 ppm, <0.05 ppm, and <0.05 ppm, respectively. Based on the 
available data, the Agency determined that the tolerances for hog, fat; 
hog, meat; and hog, meat byproducts should be decreased from 0.2 to 
0.05 ppm, and hog, kidney and hog, liver should be decreased to 0.05 
ppm. However, these separate kidney and liver tolerances are no longer 
needed since they will be covered by redefined meat byproduct 
tolerances. Therefore, EPA is proposing to decrease the tolerances in 
40 CFR 180.292(a) on hog, fat and hog, meat, each to 0.05 ppm. Also EPA 
is proposing to revoke the individual tolerances in 40 CFR 180.292(a) 
on hog, kidney and hog, liver. In addition, EPA is proposing to revise 
the tolerance in 40 CFR 180.292(a) on ``hog, meat byproducts, except 
kidney and liver'' to ``hog, meat byproducts'' and decrease it to 0.05 
ppm.
    There are no Codex MRLs for picloram.
    18. Propazine. Because there have been no active registrations for 
propazine use on sweet sorghum for more than 4 years, EPA is proposing 
to revoke the tolerance in 40 CFR 180.243 on sorghum, sweet.
    Tolerances established in 40 CFR 180.243 are currently defined for 
residues of propazine (the parent compound) only. Based on the results 
of sorghum metabolism data, the Agency determined that two chlorinated 
degradates should be included in the residue definition. Therefore, in 
order to describe more clearly the measurement and scope or coverage of 
the tolerances, EPA is proposing to revise the introductory text 
containing the tolerance expression in 40 CFR 180.243, and designate it 
as paragraph (a), to read as follows:

    Tolerances are established for residues of the herbicide 
propazine, 2-chloro-4,6-bis(isopropylamino)-s-triazine, including 
its metabolites and degradates, in or on the commodities in the 
table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
the sum of propazine, 2-chloro-4,6-bis(isopropylamino)-s-triazine, 
and its two chlorinated degradates, 2-amino-4-chloro-6-
isopropylamino-s-triazine and 2,4-diamino-6-chloro-s-triazine, 
calculated as the stoichiometric equivalent of propazine, in or on 
the commodity.

    Also, in newly designated 40 CFR 180.243(a), EPA is removing the 
``(N)'' designation from all entries to conform to current Agency 
administrative practice, where the ``N'' designation means negligible 
residues, and revising commodity terminology to conform to current 
Agency practice as follows: ``sorghum, forage'' to ``sorghum, grain, 
forage.''
    In accordance with current Agency practice, EPA is proposing to 
revise 40 CFR 180.243 by adding separate paragraphs (b), (c), and (d), 
and reserving those sections for tolerances with section 18 emergency 
exemptions, regional registrations, and indirect or inadvertent 
residues, respectively.
    There are no Codex MRLs for propazine.

[[Page 28169]]

    19. Pyrethrum. Currently, there are tolerance exemptions in 40 CFR 
180.905(a)(6) for pyrethrum and pyrethrins when applied to growing 
crops in accordance with good agricultural practice. Because there have 
been no active registrations in the United States for pyrethrum since 
1991, there is no longer a need for a tolerance exemption on pyrethrum 
and the tolerance exemption for it should be revoked. Consequently, EPA 
is proposing to revoke the tolerance exemption for pyrethrum in 40 CFR 
180.905(a)(6). While the tolerance exemption for pyrethrins will be 
maintained, EPA is proposing to revise 40 CFR 180.905(a) in accordance 
with the proposed revocation of the tolerance exemption for N-
octylbicyclo(2,2,1)-5-heptene-2,3-dicarboximide in 40 CFR 180.905(a)(2) 
as described elsewhere in this rule and transfer the entry for 
petroleum oils from 40 CFR 180.905(a)(3) to 40 CFR 180.905(a)(1), which 
had been reserved, transfer the entry for piperonyl butoxide from 40 
CFR 180.905(a)(4) to 40 CFR 180.905(a)(2), transfer the entry for 
pyrethrins from 40 CFR 180.905(a)(6) to 40 CFR 180.905(a)(3), transfer 
the entry for rotenone or derris or cube roots from 40 CFR 
180.905(a)(7) to 40 CFR 180.905(a)(4), transfer the entry for Sabadilla 
from 40 CFR 180.905(a)(8) to 40 CFR 180.905(a)(5), which had been 
reserved, and remove paragraphs (a)(6), (a)(7), and (a)(8).
    There are no Codex MRLs for pyrethrum. However, there are Codex 
MRLs for pyrethrins concerning specific commodities.
    20. Thiodicarb. Based on available field trial at 5X the maximum 
label rate and processing data that showed combined thiodicarb residues 
of concern as high as 0.215 ppm on cottonseed and 0.228 in cottonseed 
hulls, EPA calculated that the residues in cottonseed hulls are 
unlikely to exceed both the current tolerance of 0.4 ppm on the raw 
agricultural commodity (cotton, undelinted seed) and a tolerance of 0.2 
ppm recommended for cottonseed in the 1998 RED for thiodicarb. Because 
thiodicarb residues of concern concentrated by only 1.1X in cottonseed 
hulls (based on average residues of 0.200 ppm in cottonseed and 0.223 
ppm in cottonseed hulls), the Agency determined that residues in 
cottonseed hulls will be covered by the tolerance on the raw 
agricultural commodity and that the existing tolerance of 0.8 ppm on 
cottonseed hulls is no longer needed and should be revoked. Therefore, 
EPA is proposing to revoke the tolerance in 40 CFR 180.407(a) on 
cotton, hulls.
    There are no Codex MRLs for thiodicarb.
    21. Thiophanate-methyl. Currently, tolerances for the fungicide 
thiophanate-methyl are expressed in 40 CFR 180.371(a) and 180.371(c) 
for the combined residues of thiophanate-methyl, dimethyl ((1,2-
phenylene) bis (iminocarbonothioyl)) bis(carbamate), and its metabolite 
methyl 2-benzimidazoyl carbamate (MBC), calculated as thiophanate-
methyl. In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.371(a) to read 
as follows:

    Tolerances are established for residues of thiophanate-methyl, 
dimethyl ((1,2-phenylene) bis (iminocarbonothioyl)) bis(carbamate), 
including its metabolites and degradates, in or on the commodities 
in the table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
the sum of thiophanate-methyl, dimethyl ((1,2-phenylene) bis 
(iminocarbonothioyl)) bis(carbamate), and its metabolite, methyl 2-
benzimidazoyl carbamate (MBC), calculated as the stoichiometric 
equivalent of thiophanate-methyl, in or on the commodity.

    In addition, EPA is proposing to revise the introductory text 
containing the tolerance expression in 40 CFR 180.371(c) to read as 
follows:

    A tolerance with a regional registration is established for 
residues of thiophanate-methyl, dimethyl ((1,2-phenylene) bis 
(iminocarbonothioyl)) bis(carbamate), including its metabolites and 
degradates, in or on the commodity in the table in this paragraph. 
Compliance with the tolerance level specified in this paragraph is 
to be determined by measuring only the sum of thiophanate-methyl, 
dimethyl ((1,2-phenylene) bis (iminocarbonothioyl)) bis(carbamate), 
and its metabolite, methyl 2-benzimidazoyl carbamate (MBC), 
calculated as the stoichiometric equivalent of thiophanate-methyl, 
in or on the commodity.

    Because tolerances for FIFRA section 18 emergency exemptions in 40 
CFR 180.371(b) for cotton, gin byproducts and cotton, undelinted seed 
expired on December 31, 2008, blueberry expired on June 30, 2009, and 
citrus, mushroom, and vegetable, fruiting, group 8 expired on December 
31, 2009, they should be removed. Therefore, EPA is proposing to remove 
the expired tolerances in 40 CFR 180.371(b) for blueberry; citrus; 
cotton, gin byproducts; cotton, undelinted seed; mushroom; and 
vegetable, fruiting, group 8. Consequently, because no tolerances will 
remain there, EPA is also proposing to reserve 40 CFR 180.371(b).
    Because sugar beet tops are no longer considered by the Agency to 
be a significant feed item that will contribute to the overall dietary 
burden of livestock, the tolerance is no longer needed and should be 
revoked. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 
180.371(a) on beet, sugar, tops.
    Because there have been no active registrations in the United 
States for thiophanate-methyl use on sugarcane for more than 9 years, 
the tolerance should be revoked. Therefore, EPA is proposing to revoke 
the tolerance in 40 CFR 180.371(a) on sugarcane, cane.
    Based on available cattle feeding data at exaggerated pesticide 
dose levels and MTDB for cattle, the Agency determined that there is no 
reasonable expectation of detecting finite residues of thiophanate-
methyl residues of concern in the milk and fat, meat, and meat 
byproducts of cattle, goats, horses and sheep. Therefore, these 
tolerances are no longer needed under 40 CFR 180.6(a)(3). Consequently, 
EPA is proposing to revoke the tolerances in 40 CFR 180.371(a) on 
cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, 
meat; goat, meat byproducts; horse, fat; horse, meat; horse, meat 
byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts; and 
milk.
    Based on available data provided to support reregistration that 
showed thiophanate-methyl residues of concern, the Agency determined 
that tolerances should be established on aspirated grain fractions 
(based on soybean) at 12 ppm and wheat forage at 1.1 ppm. Therefore, 
EPA is proposing to establish tolerances in 40 CFR 180.371(a) on grain, 
aspirated fractions at 12 ppm and wheat, forage at 1.1 ppm.
    In the Federal Register of July 11, 2007 (72 FR 37646)(FRL-8131-6), 
EPA issued a final rule which revoked, modified, and established 
certain tolerances for specific pesticide active ingredients, including 
thiophanate-methyl, for which the Agency revised the commodity 
terminology in 40 CFR 180.371(a) for bean (snap and dry) into bean, 
dry, seed and bean, snap, succulent, and inadvertently decreased the 
tolerance for bean, snap, succulent from 2.0 to 0.2 ppm. However, in 
the Federal Register of September 20, 2006 (71 FR 54953)(FRL-8078-2), 
EPA issued a proposed rule which proposed to revise the tolerance in 40 
CFR 180.371(a) for bean (snap and dry) into bean, dry, seed and bean, 
snap, succulent, and stated that the tolerance for bean, snap, 
succulent would be maintained at 2.0 ppm. Consequently, the Agency is 
proposing to reinstate the correct tolerance level for the tolerance in 
40 CFR 180.371(a) on bean, snap, succulent to 2.0 ppm.

[[Page 28170]]

     There are no Codex MRLs for thiophanate-methyl.

B. What is the Agency's Authority for Taking this Action?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by FQPA of 1996, Public Law 104-170, authorizes the 
establishment of tolerances, exemptions from tolerance requirements, 
modifications in tolerances, and revocation of tolerances for residues 
of pesticide chemicals in or on raw agricultural commodities and 
processed foods. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such 
food may not be distributed in interstate commerce (21 U.S.C. 331(a)). 
For a food-use pesticide to be sold and distributed, the pesticide must 
not only have appropriate tolerances under the FFDCA, but also must be 
registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not 
registered in the United States must have tolerances in order for 
commodities treated with those pesticides to be imported into the 
United States.
    EPA is proposing these tolerance/tolerance exemption actions to 
implement the tolerance recommendations made during the reregistration 
and tolerance reassessment processes (including follow-up on canceled 
or additional uses of pesticides). As part of these processes, EPA is 
required to determine whether each of the amended tolerances/tolerance 
exemptions meets the safety standard of FQPA. The safety finding 
determination is discussed in detail in each post-FQPA RED and TRED for 
the active ingredient. REDs and TREDs recommend the implementation of 
certain tolerance/tolerance exemption actions, including modifications 
to reflect current use patterns, to meet safety findings, and change 
commodity names and groupings in accordance with new EPA policy. 
Printed and electronic copies of the REDs and TREDs are available as 
provided in Unit II.A.
    EPA has issued REDs for acephate, cacodylic acid, ethoprop, 
hexazinone, methamidophos, N-octyl bicycloheptene dicarboximide, 
phosmet, picloram, pyrethrum (see pyrethrins RED), and thiophanate-
methyl, and TREDs for hexazinone and propazine, as noted in Unit II.A., 
and made a safety finding which reassessed picloram tolerances 
according to the FFDCA standard, maintaining them when new picloram 
tolerances were established on January 5, 1999 (64 FR 418) (FRL-6039-
4), and since then made certain tolerance determinations for picloram 
on November 19, 2009 in a document made available in the public docket 
of this proposed rule, as noted in Unit II.A. REDs and TREDs contain 
the Agency's evaluation of the database for these pesticides, including 
requirements for additional data on the active ingredients to confirm 
the potential human health and environmental risk assessments 
associated with current product uses, and in REDs state conditions 
under which these uses and products will be eligible for 
reregistration. The REDs and TREDs recommended the establishment, 
modification, and/or revocation of specific tolerances/tolerance 
exemptions. RED and TRED recommendations such as establishing or 
modifying tolerances, and in some cases revoking tolerances, are the 
result of assessment under the FFDCA standard of ``reasonable certainty 
of no harm.'' However, tolerance revocations recommended in REDs and 
TREDs that are proposed in this document do not need such assessment 
when the tolerances are no longer necessary.
    EPA's general practice is to propose revocation of tolerances/
tolerance exemptions for residues of pesticide active ingredients on 
crops for which FIFRA registrations no longer exist and on which the 
pesticide may therefore no longer be used in the United States. EPA has 
historically been concerned that retention of tolerances that are not 
necessary to cover residues in or on legally treated foods may 
encourage misuse of pesticides within the United States. Nonetheless, 
EPA will establish and maintain tolerances even when corresponding 
domestic uses are canceled if the tolerances, which EPA refers to as 
``import tolerances,'' are necessary to allow importation into the 
United States of food containing such pesticide residues. However, 
where there are no imported commodities that require these import 
tolerances, the Agency believes it is appropriate to revoke tolerances 
for unregistered pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of FFDCA, a tolerance/tolerance exemption may only be 
established or maintained if EPA determines that the tolerance is safe 
based on a number of factors, including an assessment of the aggregate 
exposure to the pesticide and an assessment of the cumulative effects 
of such pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances/tolerance 
exemptions for residues on crops uses for which FIFRA registrations no 
longer exist, unless someone expresses a need for such tolerances/
tolerance exemptions. Through this proposed rule, the Agency is 
inviting individuals who need these import tolerances to identify 
themselves and the tolerances that are needed to cover imported 
commodities.
    Parties interested in retention of the tolerances/tolerance 
exemptions should be aware that additional data may be needed to 
support retention. These parties should be aware that, under FFDCA 
section 408(f), if the Agency determines that additional information is 
reasonably required to support the continuation of a tolerance, EPA may 
require that parties interested in maintaining the tolerances provide 
the necessary information. If the requisite information is not 
submitted, EPA may issue an order revoking the tolerance/tolerance 
exemption at issue.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, consideration must be given to the possible 
residues of those chemicals in meat, milk, poultry, and/or eggs 
produced by animals that are fed agricultural products (for example, 
grain or hay) containing pesticides residues (40 CFR 180.6). When 
considering this possibility, EPA can conclude that:
    1. Finite residues will exist in meat, milk, poultry, and/or eggs.
    2. There is a reasonable expectation that finite residues will 
exist.
    3. There is a reasonable expectation that finite residues will not 
exist. If there is no reasonable expectation of finite pesticide 
residues in or on meat, milk, poultry, or eggs, tolerances do not need 
to be established for these commodities (40 CFR 180.6(b) and (c)).

[[Page 28171]]

    EPA has evaluated certain specific meat, milk, poultry, and egg 
tolerances proposed for revocation in this document and has concluded 
that there is no reasonable expectation of finite pesticide residues of 
concern in or on those commodities.

C. When Do These Actions Become Effective?

    With the exception of certain tolerances for cacodylic acid, 
dicloran, disulfoton, ethoprop, malathion, methamidophos, and methyl 
bromide for which EPA is proposing specific expiration/revocation 
dates, the Agency is proposing that these revocations, modifications, 
establishment of tolerances, and revisions of tolerance nomenclature 
become effective on the date of publication of the final rule in the 
Federal Register. With the exception of the proposed revocation of 
specific tolerances for cacodylic acid, dicloran, disulfoton, ethoprop, 
malathion, methamidophos, and methyl bromide, the Agency believes that 
existing stocks of pesticide products labeled for the uses associated 
with the tolerances proposed for revocation have been completely 
exhausted and that treated commodities have cleared the channels of 
trade. EPA is proposing expiration/revocation dates of January 1, 2012 
for the cacodylic acid tolerance on cotton, undelinted seed; November 
2, 2011 for the dicloran tolerance on carrot, roots, postharvest; 
December 31, 2012 for the disulfoton tolerances on bean, lima; bean, 
snap, succulent; broccoli; Brussels sprouts; cabbage; cauliflower; 
cotton, undelinted seed; lettuce, head; lettuce, leaf; and asparagus; 
June 30, 2013 for the disulfoton tolerance on coffee, green bean; 
January 9, 2012 for the ethoprop tolerance on pineapple; July 15, 2011 
for the malathion tolerance on cranberry; December 31, 2012 for the 
methamidophos tolerances on broccoli; cabbage; cotton, undelinted seed; 
tomato; and potato; October 19, 2010 for the methyl bromide tolerance 
on timothy, hay, postharvest; and October 31, 2011 for the methyl 
bromide tolerances on alfalfa, hay, postharvest and cotton, undelinted 
seed, postharvest. The Agency believes that these revocation dates 
allow users to exhaust stocks and allows sufficient time for passage of 
treated commodities through the channels of trade. However, if EPA is 
presented with information that existing stocks would still be 
available and that information is verified, the Agency will consider 
extending the expiration date of the tolerance. If you have comments 
regarding existing stocks and whether the effective date allows 
sufficient time for treated commodities to clear the channels of trade, 
please submit comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(l)(5), as 
established by FQPA. Under this unit, any residues of these pesticides 
in or on such food shall not render the food adulterated so long as it 
is shown to the satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA, 
and
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates when the 
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international MRLs established by the Codex Alimentarius 
Commission (Codex), as required by FFDCA section 408(b)(4). The Codex 
Alimentarius is a joint U.N. Food and Agriculture Organization/World 
Health Organization food standards program, and it is recognized as an 
international food safety standards-setting organization in trade 
agreements to which the United States is a party. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain the reasons for departing from the 
Codex level.
    The Codex has not established a MRL for cacodylic acid, dicamba, 
EPTC, hexazinone, N-octyl bicycloheptene dicarboximide, picloram, 
propazine, pyrethrum, thiodicarb, and thiophanate-methyl, or MRL in or 
on corn, pop, grain; corn, pop, stover; or pineapple for ethoprop; or 
MRL in or on citrus, dried pulp; citrus, oil; fruit, citrus, group 10; 
or garlic for fenamiphos; or MRL for citrus, dried pulp; cranberry; 
peanut, hay; peanut, postharvest; raisins; safflower, seed; safflower, 
refined oil; sunflower, seed, postharvest; fat, meat, and meat 
byproducts of cattle, goats, hogs, horses, poultry, and sheep; egg; 
milk, fat; or nonmedicated cattle feed concentrate blocks for 
malathion; or MRL in or on alfalfa, hay, postharvest; cotton, 
undelinted seed; mango, postharvest; papaya, postharvest; or timothy, 
hay, postharvest for bromide ion or methyl bromide; or MRL in or on 
leek; strawberry; or watercress for methomyl; or MRL in or on broccoli; 
Brussels sprouts; cabbage; lettuce; or tomato for methamidophos.
    The Codex has established MRLs for dicloran in or on commodities 
including carrot, postharvest at 15 mg/kg. This MRL is different than 
the current tolerance established for dicloran at 10 ppm in the United 
States, which EPA is proposing herein to revoke. The tolerance was 
reassessed in the RED at 10 ppm and was harmonized with Codex at that 
time.
    The Codex has established MRLs for diquat in or on commodities 
including sorghum at 2 mg/kg and soya bean (dry) at 0.2 mg/kg. These 
MRLs are the same as the current tolerances for diquat in or on 
sorghum, grain, grain and soybean, seed in the United States, which EPA 
is proposing herein to revoke.
    The Codex has established MRLs for disulfoton in or on commodities 
including asparagus at 0.02 mg/kg; cotton seed at 0.1 mg/kg. These MRLs 
are different than the current tolerances established for disulfoton in 
or on asparagus at 0.1 ppm and cotton, undelinted seed at 0.75 ppm in 
the United States, both of which EPA is proposing herein to revoke. The 
tolerances were reassessed in the RED and were not harmonized with 
Codex levels because of differences in good agricultural practices. The 
Codex MRL for disulfoton in or on coffee beans is the same as the 
current tolerance for disulfoton in or on coffee, green bean, which EPA 
is proposing herein to revoke.
    The Codex has established MRLs for methamidophos in or on 
commodities including cauliflower at 0.5 mg/kg; cotton seed at 0.2 mg/
kg; chili peppers at 2 mg/kg; sweet peppers at 1 mg/kg; and potato at 
0.05 mg/kg. These MRLs are different than the current tolerances 
established for methamidophos from methamidophos application in or on 
cauliflower at 1.0 ppm; cotton, undelinted seed at 0.1 ppm; pepper at 
1.0 ppm; and potato at 0.1 ppm in the United States, all of which EPA 
is proposing herein to revoke. The tolerances were reassessed in the 
RED and were not harmonized with the Codex levels because of 
differences in good agricultural practices. While methamidophos is a 
metabolite of acephate and EPA is proposing herein the re-instatement 
of certain methamidophos tolerances as a result of the application of 
acephate, Codex has

[[Page 28172]]

established MRLs for acephate but for compliance purposes has defined 
them as only acephate residues.
    The Codex has established MRLs for phosmet in or on commodities 
including cotton seed at 0.05 mg/kg. This MRL is different than the 
current tolerance established for phosmet in or on cotton, undelinted 
seed at 0.1 ppm in the United States, which EPA is proposing herein to 
revoke. The tolerance was reassessed in the RED and was not harmonized 
with the Codex level because of differences in good agricultural 
practices and tolerance expression where total residues for U.S. 
tolerances included phosmet's oxygen analog.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish tolerances 
under FFDCA section 408(e), and also modify and revoke specific 
tolerances/tolerance exemptions established under FFDCA section 408. 
The Office of Management and Budget (OMB) has exempted these types of 
actions (e.g., establishment and modification of a tolerance and 
tolerance revocation for which extraordinary circumstances do not 
exist) 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) (Public Law 104-4). Nor 
does it require any special considerations as required by 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 other 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), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note). Pursuant to 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 rule will not have a significant negative economic 
impact on a substantial number of small entities. In a memorandum dated 
May 25, 2001, EPA determined that eight conditions must all be 
satisfied in order for an import tolerance or tolerance exemption 
revocation to adversely affect a significant number of small entity 
importers, and that there is a negligible joint probability of all 
eight conditions holding simultaneously with respect to any particular 
revocation. (This Agency document is available in the docket of this 
proposed rule). Furthermore, for the pesticides named in this proposed 
rule, the Agency knows of no extraordinary circumstances that exist as 
to the present proposal that would change the EPA's previous analysis. 
Any comments about the Agency's determination should be submitted to 
the EPA along with comments on the proposal, 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 section 408(n)(4) of FFDCA. 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 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: May 5, 2010.
Steven Bradbury,
Acting Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346a and 371. Q P='06'>
    2. Section 180.108 is amended as follows:

[[Page 28173]]

    a. Revise the introductory text to paragraph (a)(1).
    b. Revise footnote 1 to the table in paragraph (a)(1).
    c. Revise paragraph (a)(2).
    d. Add paragraph (a)(3).
    e. Revise paragraph (c).


Sec.  180.108  Acephate; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of acephate, 
O,S-dimethyl acetyl phosphoramidothioate, including its metabolites and 
degradates other than methamidophos, in or on the commodities in the 
table in this paragraph. Compliance with the tolerance levels specified 
in this paragraph is to be determined by measuring only acephate, O,S-
dimethyl acetyl phosphoramidothioate, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                      Commodity\1\                            million
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------
\1\ Where there is a direct use of methamidophos on the commodity,
  residues of methamidophos resulting from methamidophos application are
  regulated under 40 CFR 180.315.

    (2) A tolerance of 0.02 ppm is established for residues of 
acephate, O,S-dimethyl acetyl phosphoramidothioate, including its 
metabolites and degradates other than methamidophos, in or on all food 
items (other than those already covered by a higher tolerance as a 
result of use on growing crops) in food handling establishments where 
food and food products are held, processed, prepared and served, 
including food service, manufacturing and processing establishments, 
such as restaurants, cafeterias, supermarkets, bakeries, breweries, 
dairies, meat slaughtering and packing plants, and canneries, where 
application of acephate shall be limited solely to spot and/or crack 
and crevice treatment (a coarse, low-pressure spray shall be used to 
avoid atomization or splashing of the spray for spot treatments; 
equipment capable of delivering a pin-stream of insecticide shall be 
used for crack and crevice treatments). Spray concentration shall be 
limited to a maximum of 1.0 percent active ingredient. Contamination of 
food or food-contact surfaces shall be avoided. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only acephate, O,S-dimethyl acetyl phosphoramidothioate, in 
or on the commodity.
    (3) Tolerances are established for residues of methamidophos, O,S-
dimethyl phosphoramidothioate, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph as 
a result of the application of acephate. Compliance with the tolerance 
levels specified in this paragraph is to be determined by measuring 
only methamidophos, O,S-dimethyl phosphoramidothioate, in or on the 
commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Bean, dry, seed............................................            1
Bean, succulent............................................            1
Brussels sprouts...........................................          0.5
Cauliflower................................................          0.5
Celery.....................................................            1
Cranberry..................................................          0.1
Lettuce, head..............................................            1
Pepper.....................................................            1
Peppermint, tops...........................................            1
Spearmint, tops............................................            1
------------------------------------------------------------------------

* * * * *
     (c) Tolerances with regional registrations. A tolerance with a 
regional registration is established for residues of acephate, O,S-
dimethyl acetyl phosphoramidothioate, including its metabolites and 
degradates other than methamidophos, in or on the commodity in the 
table in this paragraph. Compliance with the tolerance level specified 
in this paragraph is to be determined by measuring only acephate, O,S-
dimethyl acetyl phosphoramidothioate, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                        Commodity\1\                           million
------------------------------------------------------------------------
Nut, macadamia.............................................        0.05
------------------------------------------------------------------------
\1\ Where there is a direct use of methamidophos on the commodity,
  residues of methamidophos resulting from methamidophos application are
  regulated under 40 CFR 180.315.

* * * * *
    3. Amend Sec.  180.111 as follows:
    a. Revise the table in paragraph (a)(1).
    b. Remove paragraphs (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).


Sec.  180.111  Malathion; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Alfalfa, forage...............................          135         None
Alfalfa, hay..................................          135         None
Almond, hulls.................................           50         None
Almond, postharvest...........................            8         None
Apple.........................................            8         None
Apricot.......................................            8         None
Asparagus.....................................            8         None
Avocado.......................................            8         None
Barley, grain, postharvest....................            8         None
Bean, dry, seed...............................            8         None
Bean, succulent...............................            8         None
Beet, garden, roots...........................            8         None
Beet, garden, tops............................            8         None
Beet, sugar, roots............................            1         None
Beet, sugar, tops.............................            8         None
Blackberry....................................            8         None
Blueberry.....................................            8         None
Boysenberry...................................            8         None
Carrot, roots.................................            8         None
Chayote, fruit................................            8         None
Chayote, roots................................            8         None
Cherry........................................            8         None
Chestnut......................................            1         None
Clover, forage................................          135         None
Clover, hay...................................          135         None
Corn, field, forage...........................            8         None
Corn, field, grain, postharvest...............            8         None
Corn, pop, grain, postharvest.................            8         None
Corn, sweet, forage...........................            8         None
Corn, sweet, kernel plus cob with husks                   2         None
 removed......................................
Cowpea, forage................................          135         None
Cowpea, hay...................................          135         None
Cranberry.....................................            8      7/15/11
Cucumber......................................            8         None
Currant.......................................            8         None
Date, dried fruit.............................            8         None
Dewberry......................................            8         None
Eggplant......................................            8         None
Fig...........................................            8         None
Flax, seed....................................          0.1         None
Garlic, bulb..................................            8         None
Gooseberry....................................            8         None
Grape.........................................            8         None
Grapefruit....................................            8         None
Guava.........................................            8         None
Hazelnut......................................            1         None
Hop, dried cones..............................            1         None
Horseradish...................................            8         None
Kumquat.......................................            8         None
Leek..........................................            8         None
Lemon.........................................            8         None
Lentil, seed..................................            8         None
Lespedeza, hay................................          135         None
Lime..........................................            8         None
Loganberry....................................            8         None
Lupin, seed...................................            8         None
Mango.........................................            8         None
Melon.........................................            8         None
Mushroom......................................            8         None
Nectarine.....................................            8         None
Nut, macadamia................................            1         None
Oat, grain, postharvest.......................            8         None
Okra..........................................            8         None

[[Page 28174]]

 
Onion, bulb...................................            8         None
Onion, green..................................            8         None
Orange........................................            8         None
Papaya........................................            1         None
Parsnip.......................................            8         None
Passionfruit..................................            8         None
Pea...........................................            8         None
Pea, field, hay...............................            8         None
Pea, field, vines.............................            8         None
Peach.........................................            8         None
Pear..........................................            8         None
Pecan.........................................            8         None
Pepper........................................            8         None
Peppermint, tops..............................            8         None
Pineapple.....................................            8         None
Plum..........................................            8         None
Plum, prune...................................            8         None
Potato........................................            8         None
Pumpkin.......................................            8         None
Quince........................................            8         None
Radish........................................            8         None
Raspberry.....................................            8         None
Rice, grain, postharvest......................            8         None
Rice, wild....................................            8         None
Rutabaga......................................            8         None
Rye, grain, postharvest.......................            8         None
Salsify, roots................................            8         None
Salsify, tops.................................            8         None
Shallot, bulb.................................            8         None
Sorghum, grain, forage........................            8         None
Sorghum, grain, grain, postharvest............            8         None
Soybean, forage...............................          135         None
Soybean, hay..................................          135         None
Soybean, seed.................................            8         None
Soybean, vegetable, succulent.................            8         None
Spearmint, tops...............................            8         None
Squash, summer................................            8         None
Squash, winter................................            8         None
Strawberry....................................            8         None
Sweet potato, roots...........................            1         None
Tangerine.....................................            8         None
Tomato........................................            8         None
Trefoil, forage...............................          135         None
Trefoil, hay..................................          135         None
Turnip, greens................................            8         None
Turnip, roots.................................            8         None
Vegetable, brassica, leafy, group 5...........            8         None
Vegetable, leafy, except brassica, group 4....            8         None
Vetch, hay....................................          135         None
Walnut........................................            8         None
Wheat, grain, postharvest.....................            8         None
------------------------------------------------------------------------

* * * * *
    4. Revise Sec.  180.117 to read as follows:


Sec.  180.117  S-Ethyl dipropylthiocarbamate; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide S-ethyl dipropylthiocarbamate, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only the sum of S-ethyl 
dipropylthiocarbamate, S-ethyl (2-hydroxypropyl)propylcarbamothioate, 
S-(2-hydroxyethyl)dipropylcarbamothioate, and S-ethyl (3-
hydroxypropyl)propylcarbamothioate, calculated as the stoichiometric 
equivalent of S-ethyl dipropylthiocarbamate, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          0.2
Alfalfa, hay...............................................          0.6
Almond.....................................................         0.08
Almond, hulls..............................................         0.08
Bean, dry, seed............................................         0.08
Bean, succulent............................................         0.08
Beet, garden, roots........................................          0.1
Beet, garden, tops.........................................          0.5
Beet, sugar, molasses......................................          0.4
Beet, sugar, roots.........................................          0.1
Beet, sugar, tops..........................................          0.5
Clover, forage.............................................          0.1
Clover, hay................................................          0.1
Corn, field, forage........................................         0.08
Corn, field, grain.........................................         0.08
Corn, field, stover........................................         0.08
Corn, pop, grain...........................................         0.08
Corn, pop, stover..........................................         0.08
Corn, sweet, forage........................................         0.08
Corn, sweet, kernel plus cob with husks removed............         0.08
Corn, sweet, stover........................................         0.08
Cotton, gin byproducts.....................................         0.20
Cotton, undelinted seed....................................         0.08
Fruit, citrus, group 10....................................          0.1
Lespedeza, forage..........................................          0.1
Lespedeza, hay.............................................          0.1
Pea, succulent.............................................         0.08
Potato.....................................................          0.1
Safflower, seed............................................         0.08
Sunflower, seed............................................         0.08
Sweet potato, roots........................................          0.1
Tomato.....................................................         0.08
Trefoil, forage............................................          0.1
Trefoil, hay...............................................          0.1
Walnut.....................................................         0.08
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. [Reserved]
     (d) Indirect or inadvertent residues. [Reserved]
    5. In Sec.  180.123 revise the table in paragraph (a)(1) to read as 
follows:


Sec.  180.123  Inorganic bromide residues resulting from fumigation 
with methyl bromide; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Alfalfa, hay, postharvest.....................         50.0     10/31/11
Almond, postharvest...........................        200.0         None
Apple, postharvest............................          5.0         None
Apricot, postharvest..........................         20.0         None
Artichoke, jerusalem, postharvest.............         30.0         None
Asparagus, postharvest........................        100.0         None
Avocado, postharvest..........................         75.0         None
Barley, grain, postharvest....................         50.0         None
Bean, lima, postharvest.......................         50.0         None
Bean, postharvest.............................         50.0         None
Bean, snap, succulent, postharvest............         50.0         None
Bean, succulent, postharvest..................         50.0         None
Beet, garden, roots, postharvest..............         30.0         None
Beet, sugar, roots, postharvest...............         30.0         None
Blueberry, postharvest........................         20.0         None
Butternut, postharvest........................        200.0         None
Cabbage, postharvest..........................         50.0         None
Cacao bean, roasted bean, postharvest.........         50.0         None
Cantaloupe, postharvest.......................         20.0         None
Carrot, roots, postharvest....................         30.0         None
Cashew, postharvest...........................        200.0         None
Cherry, sweet, postharvest....................         20.0         None
Cherry, tart, postharvest.....................           20         None
Chestnut, postharvest.........................        200.0         None
Cippolini, bulb, postharvest..................         50.0         None
Citron, citrus, postharvest...................         30.0         None
Coconut, copra, postharvest...................        100.0         None
Coffee, bean, green, postharvest..............         75.0         None
Corn, field, grain, postharvest...............         50.0         None
Corn, pop, postharvest........................        240.0         None

[[Page 28175]]

 
Corn, sweet, kernel plus cob with husks                50.0         None
 removed, postharvest.........................
Cotton, undelinted seed, postharvest..........        200.0     10/31/11
Cucumber, postharvest.........................         30.0         None
Cumin, seed, postharvest......................        100.0         None
Eggplant, postharvest.........................         20.0         None
Garlic, postharvest...........................         50.0         None
Ginger, postharvest...........................        100.0         None
Grape, postharvest............................         20.0         None
Grapefruit, postharvest.......................         30.0         None
Hazelnut, postharvest.........................        200.0         None
Horseradish, postharvest......................         30.0         None
Kumquat, postharvest..........................         30.0         None
Lemon, postharvest............................         30.0         None
Lime, postharvest.............................         30.0         None
Melon, honeydew, postharvest..................         20.0         None
Muskmelon, postharvest........................         20.0         None
Nectarine, postharvest........................         20.0         None
Nut, brazil, postharvest......................        200.0         None
Nut, hickory, postharvest.....................        200.0         None
Nut, macadamia, postharvest...................        200.0         None
Oat, postharvest..............................         50.0         None
Okra, postharvest.............................         30.0         None
Onion, bulb, postharvest......................         20.0         None
Onion, green, postharvest.....................         20.0         None
Orange, postharvest...........................         30.0         None
Parsnip, roots, postharvest...................         30.0         None
Peach, postharvest............................         20.0         None
Peanut, postharvest...........................        200.0         None
Pear, postharvest.............................          5.0         None
Pea, blackeyed, postharvest...................         50.0         None
Pea, postharvest..............................         50.0         None
Pecan, postharvest............................        200.0         None
Pepper, postharvest...........................         30.0         None
Pimento, postharvest..........................         30.0         None
Pineapple, postharvest........................         20.0         None
Pistachio, postharvest........................        200.0         None
Plum, postharvest.............................         20.0         None
Pomegranate, postharvest......................        100.0         None
Potato, postharvest...........................         75.0         None
Pumpkin, postharvest..........................         20.0         None
Quince, postharvest...........................          5.0         None
Radish, postharvest...........................         30.0         None
Rice, grain, postharvest......................         50.0         None
Rutabaga, roots, postharvest..................         30.0         None
Rutabaga, tops, postharvest...................         30.0         None
Rye, grain, postharvest.......................         50.0         None
Salsify, roots, postharvest...................         30.0         None
Sorghum, grain, grain, postharvest............         50.0         None
Soybean, postharvest..........................        200.0         None
Squash, summer, postharvest...................         30.0         None
Squash, winter, postharvest...................         20.0         None
Squash, zucchini, postharvest.................         20.0         None
Strawberry, postharvest.......................         60.0         None
Sweet potato, postharvest.....................         75.0         None
Tangerine, postharvest........................         30.0         None
Timothy, hay, postharvest.....................         50.0     10/19/10
Tomato, postharvest...........................         20.0         None
Turnip, roots, postharvest....................         30.0         None
Walnut, postharvest...........................        200.0         None
Watermelon, postharvest.......................         20.0         None
Wheat.........................................         50.0         None
------------------------------------------------------------------------

* * * * *
    6. In Sec.  180.183 revise the section heading, and paragraphs (a) 
and (c) to read as follows:


Sec.  180.183  Disulfoton; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) 
phosphorodithioate, including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of disulfoton, O,O-diethyl S-(2-
(ethylthio)ethyl) phosphorodithioate, and its metabolites demeton-S, 
O,O-diethyl S-(2-(ethylthio)ethyl) phosphorothioate; disulfoton 
sulfoxide, O,O-diethyl S-(2-(ethylsulfinyl)ethyl) phosphorodithioate; 
disulfoton oxygen analog sulfoxide, O,O-diethyl S-(2-
(ethylsulfinyl)ethyl) phosphorothioate, disulfoton sulfone, O,O-diethyl 
S-(2-(ethylsulfonyl)ethyl) phosphorodithioate; and disulfoton oxygen 
analog sulfone, O,O-diethyl S-(2-(ethylsulfonyl)ethyl) 
phosphorothioate; calculated as the stoichiometric equivalent of 
disulfoton, in or on the commodity.

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     Revocation
                                               million         Date
------------------------------------------------------------------------
Bean, lima.................................         0.75        12/31/12
Bean, snap, succulent......................         0.75        12/31/12
Broccoli...................................         0.75        12/31/12
Brussels sprouts...........................         0.75        12/31/12
Cabbage....................................         0.75        12/31/12
Cauliflower................................         0.75        12/31/12
Coffee, green bean.........................          0.2         6/30/13
Cotton, undelinted seed....................         0.75        12/31/12
Lettuce, head..............................         0.75        12/31/12
Lettuce, leaf..............................            2        12/31/12
------------------------------------------------------------------------

* * * * *
     (c) Tolerances with regional registrations. A tolerance with 
regional registration is established for residues of the insecticide 
disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, 
including its metabolites and degradates, in or on the commodity in the 
table in this paragraph. Compliance with the tolerance levels specified 
in this paragraph is to be determined by measuring only the sum of 
disulfoton, O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate, and 
its metabolites demeton-S, O,O-diethyl S-(2-(ethylthio)ethyl) 
phosphorothioate; disulfoton sulfoxide, O,O-diethyl S-(2-
(ethylsulfinyl)ethyl) phosphorodithioate; disulfoton oxygen analog 
sulfoxide, O,O-diethyl S-(2-(ethylsulfinyl)ethyl) phosphorothioate, 
disulfoton sulfone, O,O-diethyl S-(2-(ethylsulfonyl)ethyl) 
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O-diethyl 
S-(2-(ethylsulfonyl)ethyl) phosphorothioate; calculated as the 
stoichiometric

[[Page 28176]]

equivalent of disulfoton, in or on the commodity.

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     Revocation
                                               million         Date
------------------------------------------------------------------------
Asparagus..................................          0.1        12/31/12
------------------------------------------------------------------------

* * * * *
    7. In Sec.  180.200 revise paragraph (a)(1) to read as follows:


Sec.  180.200  Dicloran; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
fungicide dicloran, 2,6-dichloro-4-nitroaniline, including its 
metabolites and degradates, in or on the commodities in the table in 
this paragraph. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only dicloran, 2,6-dichloro-
4-nitroaniline, in or on the commodity. Unless otherwise specified, the 
tolerances prescribed in the following table provide for residues from 
preharvest application only.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Apricot, postharvest..........................           20         None
Bean, snap, succulent.........................           20         None
Carrot, roots, postharvest....................           10      11/2/11
Celery........................................           15         None
Cherry, sweet, postharvest....................           20         None
Cucumber......................................            5         None
Endive........................................           10         None
Garlic........................................            5         None
Grape.........................................           10         None
Lettuce.......................................           10         None
Nectarine, postharvest........................           20         None
Onion.........................................           10         None
Peach, postharvest............................           20         None
Plum, prune, fresh, postharvest...............           15         None
Potato........................................         0.25         None
Rhubarb.......................................           10         None
Sweet potato, postharvest.....................           10         None
Tomato........................................            5         None
------------------------------------------------------------------------

* * * * *


Sec.  180.226  [Amended]

    8. In Sec.  180.226 remove the entries for ``sorghum, grain, 
grain'' and ``soybean, seed'' from the table in paragraph (a)(1).
    9. In Sec.  180.227 revise paragraph (a)(1), and the introductory 
text in paragraphs (a)(2) and (a)(3) to read as follows:


Sec.  180.227  Dicamba; tolerances for residues.

    (a) * * *. (1) Tolerances are established for residues of the 
herbicide dicamba, 3,6-dichloro-o-anisic acid, including its 
metabolites and degradates, in or on the commodities in the table in 
this paragraph. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only the sum of dicamba, 
3,6-dichloro-o-anisic acid, and its metabolite, 3,6-dichloro-5-hydroxy-
o-anisic acid, calculated as the stoichiometric equivalent of dicamba, 
in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, grain..............................................          6.0
Barley, hay................................................          2.0
Barley, straw..............................................         15.0
Corn, field, forage........................................          3.0
Corn, field, grain.........................................          0.1
Corn, field, stover........................................          3.0
Corn, pop, grain...........................................          0.1
Corn, pop, stover..........................................          3.0
Corn, sweet, forage........................................         0.50
Corn, sweet, kernel plus cob with husks removed............         0.04
Corn, sweet, stover........................................         0.50
Cotton, undelinted seed....................................          0.2
Grass, forage, fodder and hay, group 17, forage............        125.0
Grass, forage, fodder and hay, group 17, hay...............        200.0
Millet, proso, forage......................................         90.0
Millet, proso, grain.......................................          2.0
Millet, proso, hay.........................................         40.0
Millet, proso, straw.......................................         30.0
Oat, forage................................................         90.0
Oat, grain.................................................          2.0
Oat, hay...................................................         40.0
Oat, straw.................................................         30.0
Rye, forage................................................         90.0
Rye, grain.................................................          2.0
Rye, straw.................................................         30.0
Sorghum, grain, forage.....................................          3.0
Sorghum, grain, grain......................................          4.0
Sorghum, grain, stover.....................................         10.0
Sugarcane, cane............................................          0.3
Sugarcane, molasses........................................          5.0
Wheat, forage..............................................         90.0
Wheat, grain...............................................          2.0
Wheat, hay.................................................         40.0
Wheat, straw...............................................         30.0
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the herbicide 
dicamba, 3,6-dichloro-o-anisic acid, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only the sum of dicamba, 3,6-dichloro-o-
anisic acid, and its metabolite, 3,6-dichloro-2-hydroxybenzoic acid, 
calculated as the stoichiometric equivalent of dicamba, in or on the 
commodity.
* * * * *
    (3) Tolerances are established for residues of the herbicide 
dicamba, 3,6-dichloro-o-anisic acid, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only the sum of dicamba, 3,6-dichloro-o-
anisic acid, and its metabolites, 3,6-dichloro-5-hydroxy-o-anisic acid, 
and 3,6-dichloro-2-hydroxybenzoic acid, calculated as the 
stoichiometric equivalent of dicamba, in or on the commodity.
* * * * *
    10. Revise Sec.  180.243 to read as follows:


Sec.  180.243  Propazine; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide propazine, 2-chloro-4,6-bis(isopropylamino)-s-triazine, 
including its metabolites and degradates, in or on the commodities in 
the table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only the 
sum of propazine, 2-chloro-4,6-bis(isopropylamino)-s-triazine, and its 
two chlorinated degradates, 2-amino-4-chloro-6-isopropylamino-s-
triazine and 2,4-diamino-6-chloro-s-triazine, calculated as the 
stoichiometric equivalent of propazine, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Sorghum, grain, forage.....................................         0.25
Sorghum, grain, grain......................................         0.25
Sorghum, grain, stover.....................................         0.25
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. [Reserved]
     (d) Indirect or inadvertent residues. [Reserved]


Sec.  180.253  [Amended]

    11. In Sec.  180.253 remove the entries for ``leek,'' 
``strawberry,'' and ``watercress'' from the table in paragraph (a).
    12. In Sec.  180.261 revise the section heading, paragraph (a) and 
paragraph (c) to read as follows:


Sec. 180.261  Phosmet; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide phosmet, N-(mercaptomethyl) phthalimide S-(O,O-dimethyl 
phosphorodithioate), including its metabolites and degradates, in or on 
the commodities in

[[Page 28177]]

the table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only the 
sum of phosmet, N-(mercaptomethyl) phthalimide S-(O,O-dimethyl 
phosphorodithioate), and its oxygen analog, N-(mercaptomethyl) 
phthalimide S-(O,O-dimethyl phosphorothioate, calculated as the 
stoichiometric equivalent of phosmet, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................           20
Alfalfa, hay...............................................           40
Almond, hulls..............................................           10
Apple......................................................           10
Apricot....................................................            5
Blueberry..................................................           10
Cattle, fat................................................          0.2
Cattle, meat...............................................          0.1
Cattle, meat byproducts....................................          0.1
Cherry.....................................................           10
Cranberry..................................................           10
Fruit, citrus, group 10....................................            5
Goat, fat..................................................          0.1
Goat, meat.................................................          0.1
Goat, meat byproducts......................................          0.1
Grape......................................................           10
Hog, fat...................................................          0.2
Hog, meat..................................................         0.04
Hog, meat byproducts.......................................         0.04
Horse, fat.................................................          0.1
Horse, meat................................................          0.1
Horse, meat byproducts.....................................          0.1
Kiwifruit..................................................           25
Milk.......................................................          0.1
Nectarine..................................................            5
Nut, tree, group 14........................................          0.1
Pea, dry, seed.............................................          0.5
Pea, field, hay............................................           20
Pea, field, vines..........................................           10
Pea, succulent.............................................            1
Peach......................................................           10
Pear.......................................................           10
Plum, prune, fresh.........................................            5
Potato.....................................................          0.1
Sheep, fat.................................................          0.1
Sheep, meat................................................          0.1
Sheep, meat byproducts.....................................          0.1
Sweet potato, roots........................................           12
------------------------------------------------------------------------

* * * * *
     (c) Tolerances with regional registrations. Tolerances with 
regional registration are established for residues of the insecticide 
phosmet, N-(mercaptomethyl) phthalimide S-(O,O-dimethyl 
phosphorodithioate), including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of phosmet, N-(mercaptomethyl) phthalimide S-
(O,O-dimethyl phosphorodithioate), and its oxygen analog, N-
(mercaptomethyl) phthalimide S-(O,O-dimethyl phosphorothioate, 
calculated as the stoichiometric equivalent of phosmet, in or on the 
commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Crabapple..................................................           20
Pistachio..................................................          0.1
------------------------------------------------------------------------

* * * * *
    13. In Sec.  180.262 revise paragraph (a) to read as follows:


Sec. 180.262  Ethoprop; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
nematocide and insecticide ethoprop, O-ethyl S,S-dipropyl 
phosphorodithioate, including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only ethoprop, O-ethyl S,S-dipropyl phosphorodithioate, in or 
on the commodity.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Banana........................................         0.02         None
Bean, lima....................................         0.02         None
Bean, snap, succulent.........................         0.02         None
Cabbage.......................................         0.02         None
Corn, field, forage...........................         0.02         None
Corn, field, grain............................         0.02         None
Corn, field, stover...........................         0.02         None
Corn, sweet, forage...........................         0.02         None
Corn, sweet, kernel plus cob with husks                0.02         None
 removed......................................
Corn, sweet, stover...........................         0.02         None
Cucumber......................................         0.02         None
Hop, dried cones..............................         0.02         None
Peppermint, tops..............................         0.02         None
Pineapple.....................................         0.02       1/9/12
Potato........................................         0.02         None
Spearmint, tops...............................         0.02         None
Sugarcane, cane...............................         0.02         None
Sweet potato, roots...........................         0.02         None
------------------------------------------------------------------------

* * * * *
    14. In Sec.  180.292 revise paragraph (a) to read as follows:


Sec. 180.292  Picloram; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide picloram, 4-amino-3,5,6-trichloropicolinic acid, including 
its metabolites and degradates, in or on the commodities in the table 
in this paragraph from its application in the acid form or in the form 
of its salts. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only picloram, 4-amino-
3,5,6-trichloropicolinic acid, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, grain..............................................          0.5
Barley, pearled barley.....................................          3.0
Barley, straw..............................................          1.0
Cattle, fat................................................          0.4
Cattle, meat...............................................          0.4
Cattle, meat byproducts....................................           15
Egg........................................................         0.05
Goat, fat..................................................          0.4
Goat, meat.................................................          0.4
Goat, meat byproducts......................................           15
Grain, aspirated fractions.................................          4.0
Grass, forage..............................................          400
Grass, hay.................................................          225
Hog, fat...................................................         0.05
Hog, meat..................................................         0.05
Hog, meat byproducts.......................................         0.05
Horse, fat.................................................          0.4
Horse, meat................................................          0.4
Horse, meat byproducts.....................................           15
Milk.......................................................         0.25
Oat, forage................................................          1.0
Oat, grain.................................................          0.5
Oat, groats/rolled oats....................................          3.0
Oat, straw.................................................          1.0
Poultry, fat...............................................         0.05
Poultry, meat..............................................         0.05
Poultry, meat byproducts...................................         0.05
Sheep, fat.................................................          0.4
Sheep, meat................................................          0.4
Sheep, meat byproducts.....................................           15
Wheat, bran................................................          3.0
Wheat, forage..............................................          1.0
Wheat, germ................................................          3.0
Wheat, grain...............................................          0.5
Wheat, middlings...........................................          3.0
Wheat, shorts..............................................          3.0
Wheat, straw...............................................          1.0
------------------------------------------------------------------------

* * * * *
    15. In Sec.  180.311 revise paragraph (a) to read as follows:


Sec. 180.311  Cacodylic acid; tolerances for residues.

    (a) General. A tolerance is established for residues of the 
defoliant cacodylic acid, dimethylarsinic acid, including its 
metabolites and degradates, in or on the commodity in the table in this 
paragraph. Compliance with the tolerance level specified in this 
paragraph is to be determined by measuring only those cacodylic acid 
residues convertible to As2O3, expressed as the 
stoichiometric equivalent of cacodylic acid, in or on the commodity.

[[Page 28178]]



------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
Cotton, undelinted seed.......................          2.8       1/1/12
------------------------------------------------------------------------

* * * * *
    16. Revise Sec.  180.315 to read as follows:


Sec. 180.315  Methamidophos; tolerances for residues.

    (a) General. Tolerances are established for residues of 
methamidophos, O,S-dimethyl phosphoramidothioate, including its 
metabolites and degradates, in or on the commodities in the table in 
this paragraph as a result of the application of methamidophos. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only methamidophos, O,S-dimethyl 
phosphoramidothioate, in or on the commodity.

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     Revocation
                                               million         Date
------------------------------------------------------------------------
Broccoli\1\................................          1.0        12/31/12
Cabbage\2\.................................          1.0        12/31/12
Cotton, undelinted seed....................          0.1        12/31/12
Potato.....................................          0.1       12/31/12
------------------------------------------------------------------------
\1\ There are no U.S. registrations since 1989.
\2\ There are no U.S. registrations since 2001.

     (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. A tolerance with a 
regional registration is established for residues of methamidophos, 
O,S-dimethyl phosphoramidothioate, including its metabolites and 
degradates, in or on the commodity in the table in this paragraph as a 
result of the application of methamidophos. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only methamidophos, O,S-dimethyl phosphoramidothioate, in or 
on the commodity.

------------------------------------------------------------------------
                                                            Expiration/
                 Commodity                    Parts per     Revocation
                                               million         Date
------------------------------------------------------------------------
Tomato.....................................          2.0        12/31/12
------------------------------------------------------------------------

     (d) Indirect or inadvertent residues. [Reserved]
    17. In Sec.  180.349 revise paragraph (a) and paragraph (c) to read 
as follows:


Sec. 180.349  Fenamiphos; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
nematicide/insecticide fenamiphos, ethyl 3-methyl-4-(methylthio)phenyl 
1-(methylethyl)phosphoramidate, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only the sum of fenamiphos, ethyl 3-methyl-
4-(methylthio)phenyl 1-(methylethyl)phosphoramidate, and its 
cholinesterase inhibiting metabolites ethyl 3-methyl-4-
(methylsulfinyl)phenyl 1-(methylethyl)phosphoramidate and ethyl 3-
methyl-4-(methylsulfonyl)phenyl 1-(methylethyl)phosphoramidate, 
calculated as the stoichiometric equivalent of fenamiphos, in or on the 
commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Banana\1\..................................................          0.1
Grape\1\...................................................          0.1
Grape, raisin\1\...........................................          0.3
Pineapple\1\...............................................         0.3
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of May 31, 2007.

* * * * *
     (c) Tolerances with regional registrations. [Reserved]
* * * * *
    18. In Sec.  180.367 revise paragraph (a) to read as follows:


Sec. 180.367   N-octyl bicycloheptene dicarboximide; tolerances for 
residues.

    (a) General. A tolerance of 5 parts per million is established for 
residues of the insecticide synergist N-octyl bicycloheptene 
dicarboximide, including its metabolites and degradates, in or on all 
food items in food handling establishments where food and food products 
are held, processed, prepared and/or served, provided that the food is 
removed or covered prior to such use, except for bagged food in 
warehouse storage which need not be removed or covered prior to 
applications of formulations containing N-octyl bicycloheptene 
dicarboximide. Compliance with the tolerance level specified in this 
paragraph is to be determined by measuring only N-octyl bicycloheptene 
dicarboximide, in or on the commodity.
* * * * *
    19. Revise Sec.  180.371 to read as follows:


Sec. 180.371  Thiophanate-methyl; tolerances for residues.

    (a) General. Tolerances are established for residues of 
thiophanate-methyl, dimethyl ((1,2-phenylene) bis (iminocarbonothioyl)) 
bis(carbamate), including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of thiophanate-methyl, dimethyl ((1,2-phenylene) 
bis (iminocarbonothioyl)) bis(carbamate), and its metabolite, methyl 2-
benzimidazoyl carbamate (MBC), calculated as the stoichiometric 
equivalent of thiophanate-methyl, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond.....................................................          0.1
Almond, hulls..............................................          0.5
Apple......................................................          2.0
Apricot....................................................         15.0
Banana.....................................................          2.0
Bean, dry, seed............................................          0.2
Bean, snap, succulent......................................          2.0
Beet, sugar, roots.........................................          0.2
Cherry, sweet..............................................         20.0
Cherry, tart...............................................         20.0
Grain, aspirated fractions.................................           12
Grape......................................................          5.0
Onion, bulb................................................          0.5
Onion, green...............................................          3.0
Peach......................................................          3.0
Peanut.....................................................          0.1
Peanut, hay................................................          5.0
Pear.......................................................          3.0
Pecan......................................................          0.1
Pistachio..................................................          0.1
Plum.......................................................          0.5
Potato.....................................................          0.1
Soybean, hulls.............................................          1.5
Soybean, seed..............................................          0.2
Strawberry.................................................          7.0
Vegetable, cucurbit, group 9...............................          1.0
Wheat, forage..............................................          1.1
Wheat, grain...............................................          0.1
Wheat, hay.................................................          0.1
Wheat, straw...............................................          0.1
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. A tolerance with a 
regional registration is established for residues of thiophanate-
methyl, dimethyl ((1,2-phenylene) bis (iminocarbonothioyl)) 
bis(carbamate), including its metabolites and degradates, in or on the 
commodity in the table in this paragraph. Compliance with the tolerance 
level specified in this paragraph is to be determined by measuring only 
the sum of thiophanate-methyl, dimethyl ((1,2-phenylene) bis 
(iminocarbonothioyl)) bis(carbamate), and its metabolite, methyl 2-
benzimidazoyl carbamate (MBC), calculated as the stoichiometric

[[Page 28179]]

equivalent of thiophanate-methyl, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Canola, seed............................................             0.1
------------------------------------------------------------------------

     (d) Indirect or inadvertent residues. [Reserved]
    20. In Sec.  180.396 revise paragraph (a), and paragraph (c) to 
read as follows:


Sec. 180.396  Hexazinone; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
herbicide hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-
triazine-2,4-(1H, 3H)-dione, including its metabolites and degradates, 
in or on the commodities in the table in this paragraph. Compliance 
with the tolerance levels specified in this paragraph is to be 
determined by measuring only the sum of hexazinone, 3-cyclohexyl-6-
(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and its 
plant metabolites: metabolite A, 3-(4-hydroxycyclohexyl)-6-
(dimethylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite 
B, 3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-
dione, metabolite C, 3-(4-hydroxycyclohexyl)-6-(methylamino)-1-methyl-
1,3,5-triazine-2,4-(1H, 3H)-dione, metabolite D, 3-cyclohexyl-1-methyl-
1,3,5-triazine-2,4,6-(1H, 3H, 5H)-trione, and metabolite E, 3-(4-
hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H, 3H, 5H)-trione, 
calculated as the stoichiometric equivalent of hexazinone, in or on the 
commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          2.0
Alfalfa, hay...............................................          4.0
Alfalfa, seed..............................................          2.0
Blueberry..................................................          0.6
Grass, forage..............................................          250
Grass, hay.................................................          230
Pineapple..................................................          0.6
Sugarcane, cane............................................          0.6
Sugarcane, molasses........................................          4.0
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the herbicide 
hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H, 3H)-dione, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-
methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and its animal tissue 
metabolites: metabolite B, 3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-
triazine-2,4-(1H, 3H)-dione, and metabolite F, 3-cyclohexyl-6-amino-1-
methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, calculated as the 
stoichiometric equivalent of hexazinone, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................          0.1
Cattle, meat...............................................          0.5
Cattle, meat byproducts....................................          4.0
Goat, fat..................................................          0.1
Goat, meat.................................................          0.5
Goat, meat byproducts......................................          4.0
Hog, fat...................................................          0.1
Hog, meat..................................................          0.5
Hog, meat byproducts.......................................          4.0
Horse, fat.................................................          0.1
Horse, meat................................................          0.5
Horse, meat byproducts.....................................          4.0
Sheep, fat.................................................          0.1
Sheep, meat................................................          0.5
Sheep, meat byproducts.....................................          4.0
------------------------------------------------------------------------

    (3) A tolerance is established for residues of the herbicide 
hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H, 3H)-dione, including its metabolites and degradates, in or on the 
commodity in the table in this paragraph. Compliance with the tolerance 
level specified in this paragraph is to be determined by measuring only 
the sum of hexazinone, 3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-
triazine-2,4-(1H, 3H)-dione, and its metabolites: metabolite B, 3-
cyclohexyl-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, 
metabolite C, 3-(4-hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-
triazine-2,4-(1H, 3H)-dione, metabolite C-2, 3-(3-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H, 3H)-dione, and 
metabolite F, 3-cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H, 
3H)-dione, calculated as the stoichiometric equivalent of hexazinone, 
in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Milk.......................................................           11
------------------------------------------------------------------------

* * * * *
     (c) Tolerances with regional registrations. [Reserved]
* * * * *


Sec.  180.407  [Amended]

    21. In Sec.  180.407 remove the entry for ``cotton, hulls'' from 
the table in paragraph (a).
    22. Revise Sec.  180.905 to read as follows:


Sec. 180.905  Pesticide chemicals; exemptions from the requirement of a 
tolerance.

    (a) When applied to growing crops, in accordance with good 
agricultural practice, the following pesticide chemicals are exempt 
from the requirement of a tolerance:
    (1) Petroleum oils.
    (2) Piperonyl butoxide.
    (3) Pyrethrins.
    (4) Rotenone or derris or cube roots.
    (5) Sabadilla.
    (b) These pesticides are not exempted from the requirement of a 
tolerance when applied to a crop at the time of or after harvest.
[FR Doc. 2010-11845 Filed 5-18-10; 8:45 am]
BILLING CODE 6560-50-S