[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Proposed Rules]
[Pages 34937-34945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14827]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

 [EPA-HQ-OPP-2011-0369; FRL-8874-3]


Amitraz, Bentazon, Bifenthrin, Chlorfenapyr, Cyfluthrin, 
Deltamethrin, et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with current Agency practice to describe more 
clearly the measurement and scope or coverage of tolerances, EPA is 
proposing minor revisions to tolerance expressions for a number of 
pesticide active ingredients, including the insecticides amitraz, 
bifenthrin, chlorfenapyr, cyfluthrin, deltamethrin, esfenvalerate, 
fenpropathrin, and pyridaben; the fungicide metalaxyl; the herbicides 
bentazon, quizalofop ethyl, sodium acifluorfen, and tebuthiuron; and 
the plant growth regulator ethephon. Also, EPA proposes to remove 
several expired tolerances for quizalofop ethyl.

DATES: Comments must be received on or before August 15, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0369, 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-
2011-0369. 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 Web site 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

[[Page 34938]]

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

II. Background

A. What action is the agency taking?

    In accordance with current Agency practice to describe more clearly 
the measurement and scope or coverage of tolerances, including 
applicable metabolites and degradates, EPA is proposing minor revisions 
to tolerance expressions for a number of pesticide active ingredients, 
including the insecticides amitraz, bifenthrin, chlorfenapyr, 
cyfluthrin, deltamethrin, esfenvalerate, fenpropathrin, and pyridaben; 
the fungicide metalaxyl; the herbicides bentazon, quizalofop ethyl, 
sodium acifluorfen, and tebuthiuron; and the plant growth regulator 
ethephon. The revisions will not substantively change the tolerance or, 
in any way, modify the permissible level of residues permitted by the 
tolerance. Also, EPA proposes to remove several expired tolerances for 
quizalofop ethyl.
    The amendments to the Federal Food, Drug, and Cosmetic Act (FFDCA) 
section 408 in the Food Quality Protection Act of 1996 clarified that a 
tolerance regulation for a pesticide chemical applies to that chemical 
as well as all metabolites and degradates of that chemical unless EPA 
specifies otherwise (21 U.S.C. 346a(a)(3)(C)). These amendments also 
specified how compliance with a tolerance level was to be determined 
when a metabolite or degradate of a pesticide chemical not specifically 
mentioned in the tolerance was found in a food (21 U.S.C. 
346a(a)(3)(B)). In light of these changes, EPA now generally follows an 
approach for drafting tolerance expressions that makes clear that the 
tolerance applies not only to the parent chemical but also to its 
metabolites and degradates and also specifies precisely what chemical 
moieties are to be measured in determining compliance with the 
tolerance levels included in the tolerance regulation. This approach 
ensures that there is no confusion regarding what chemical moieties are 
authorized in food by the tolerance or how compliance with the 
tolerance levels is to be determined. Under this approach, tolerance 
expressions would follow this general form:
    Tolerances are established for residues of the [ insecticide, 
herbicide, fungicide, as appropriate] [pesticide chemical name], 
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 
designated chemical moieties], in or on the commodity.
    This model has been followed for all of the pesticides named in 
this unit, and the actual language is set out in the proposed 
regulation text at the end of this document. The only additional 
changes proposed in this action are with regard to the pesticides 
bifenthrin, chlorfenapyr, cyfluthrin, and deltamethrin, and they are at 
the end of this document.
    Certain time-limited tolerances pertaining to the pesticide 
quizalofop ethyl in 40 CFR 180.441(a)(4) have expired, on June 14, 
1999, due to previous EPA regulation setting expiration dates. 
Therefore, the Agency is proposing to remove the expired time-limited 
tolerances for quizalofop ethyl in 40 CFR 180.441(a)(4) on beet, sugar, 
molasses; beet, sugar, roots; beet, sugar, tops; vegetable, foliage of 
legume, except soybean, subgroup 7A; and vegetable, legume, group 6. 
This rule only corrects the Code of Federal Regulations to conform with 
the fact that the tolerances already expired, and therefore EPA is not 
accepting comments regarding the expiration itself.

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's general practice is to propose revocation of tolerances 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

[[Page 34939]]

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 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 for residues 
on crops uses for which FIFRA registrations no longer exist, unless 
someone expresses a need for such tolerances. 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 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 at issue.

C. When do these actions become effective?

    EPA is proposing that revision of specific tolerance expressions 
and removal of expired tolerances for quizalofop ethyl proposed herein 
become effective on the date of publication of the final rule in the 
Federal Register. If you have comments, 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(1)(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 maximum residue limits (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 chlorfenapyr, pyridaben, 
quizalofop ethyl, sodium acifluorfen, and tebuthiuron.
    The Codex has established MRLs for amitraz in or on various 
commodities including edible offal of pigs at 0.2 milligram/kilograms 
(mg/kg). The MRL is different than the tolerance established for 
amitraz in the United States because of differences in residue 
definition, use patterns, and/or good agricultural practices.
    The Codex has established MRLs for bentazon in or on various 
commodities including maize at 0.2 mg/kg, milk at 0.05 mg/kg, rice at 
0.1 mg/kg, and sorghum at 0.1 mg/kg. These MRLs are different than the 
tolerance established for bentazon in the United States because of 
differences in animal commodity residue definition, plant use patterns, 
and/or good agricultural practices.
    The Codex has established MRLs for bifenthrin in or on various 
commodities including cattle fat at 0.5 mg/kg; cattle kidney and cattle 
liver at 0.05 mg/kg; cattle milk at 0.05 mg/kg; chicken eggs at 0.01 
mg/kg; maize fodder at 0.2 mg/kg; and strawberry at 1 mg/kg. These MRLs 
are different than the tolerances established for bifenthrin in the 
United States (where these commodity tolerances are higher than the 
corresponding Codex MRLs) because of differences in use patterns and/or 
good agricultural practices.
    The Codex has established MRLs for cyfluthrin (sum of isomers) and 
beta-cyfluthrin (cyfluthrin sum of isomers) in or on various 
commodities including citrus fruits at 0.3 mg/kg, citrus pulp (dry) at 
2 mg/kg, liver of pigs at 0.05 mg/kg, meat (from mammals other than 
marine mammals) at 1 mg/kg, fat of meat at 1 mg/kg, and chili peppers 
(dry) at 1 mg/kg. These MRLs are different than the tolerances 
established for cyfluthrin and beta-cyfluthrin in the United States 
because of differences in use patterns and/or good agricultural 
practices.
    The Codex has established MRLs for deltamethrin in or on various 
commodities including fat from mammals other than marine mammals at 0.5 
mg/kg, poultry fat at 0.1 mg/kg, and tomato at 0.3 mg/kg. These MRLs 
are different than the tolerances established for deltamethrin in the 
United States because of differences in use patterns and/or good 
agricultural practices.
    The Codex has established MRLs for esfenvalerate in or on various 
commodities including egg, poultry fat, poultry meat, and edible offal 
of poultry at 0.01 mg/kg. These MRLs are different than the tolerances 
established for esfenvalerate in the United States (where these animal 
commodity tolerances are higher than the corresponding Codex MRLs) 
because of differences in use patterns and/or good agricultural 
practices.
    The Codex has established MRLs for ethephon in or on various 
commodities including meat of cattle, goats, horses, pigs, and sheep at 
0.1 mg/kg, milk of cattle, goats, and sheep at 0.05 mg/kg, poultry meat 
at 0.1 mg/kg, edible offal of poultry at 0.2 mg/kg, and chicken eggs at 
0.2 mg/kg. These MRLs are different than the tolerances established for 
ethephon in the United States because of differences in use patterns 
and/or good agricultural practices.

[[Page 34940]]

    The Codex has established MRLs for fenpropathrin in or on various 
commodities including cattle meat at 0.5 mg/kg. The MRL is different 
than the tolerance established for fenpropathrin in the United States 
because of differences in use patterns and/or good agricultural 
practices.
    The Codex has established MRLs for metalaxyl in or on various 
commodities including citrus fruits at 5 mg/kg, dry chili peppers at 10 
mg/kg, and pome fruits at 1 mg/kg. These MRLs are different than the 
tolerances established for metalaxyl in the United States because of 
differences in use patterns and/or good agricultural practices.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revise specific 
tolerance expressions to describe more clearly the measurement and 
scope or coverage of the tolerances and remove expired tolerances for 
quizalofop ethyl. The Office of Management and Budget (OMB) has 
exempted these types of actions (e.g., tolerance actions 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) (Pub. L. 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 pesticide 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: June 6, 2011.
Steven Bradbury,
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.

    2. In Sec.  180.287 revise the introductory text in paragraph (a) 
to read as follows:


Sec.  180.287  Amitraz; tolerances for residues.

    (a) General. Tolerances are established for residues of the

[[Page 34941]]

insecticide amitraz, 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 those amitraz, N '-[2,4-dimethylphenyl]-N-[[(2,4-
dimethylphenyl)imino]methyl]-N-methylmethanimidamide, residues 
convertible to 2,4-dimethylaniline, expressed as the stoichiometric 
equivalent of amitraz, in or on the commodity.
* * * * *
    3. Section 180.300 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise paragraph (c).
    The revised text reads as follows:


Sec.  180.300  Ethephon; tolerances for residues.

    (a) General. Tolerances are established for residues of the plant 
growth regulator ethephon, 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 ethephon, (P)-(2-chloroethyl)phosphonic acid, in or on 
the commodity.
* * * * *
    (c) Tolerances with regional registrations. A tolerance with 
regional registration, as defined in Sec.  180.1(l), of 0.1 parts per 
million is established for residues of the plant growth regulator 
ethephon, including its metabolites and degradates, in or on the 
commodity sugarcane. Compliance with the tolerance level specified in 
this paragraph is to be determined by measuring only ethephon, (P)-(2-
chloroethyl)phosphonic acid, in or on the commodity.
* * * * *
    4. Section 180.355 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise the introductory text in paragraph (a)(2);
    iii. Revise the introductory text in paragraph (c).
    The revised text reads as follows:


Sec.  180.355  Bentazon; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the 
herbicide bentazon, 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 bentazon, 3-(1-methylethyl)-1H-2,1,3-
benzothiadiazin-4(3H)-one 2,2-dioxide, and its metabolites, 6-hydroxy 
bentazon and 8-hydroxy bentazon, calculated as the stoichiometric 
equivalent of bentazon, in or on the commodity.
* * * * *
    (2) Tolerances are established for residues of the herbicide 
bentazon, 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 bentazon, 3-(1-methylethyl)-1H-2,1,3-
benzothiadiazin-4(3H)-one 2,2-dioxide, and its metabolite 2-amino-N-
isopropyl benzamide (AIBA), calculated as the stoichiometric equivalent 
of bentazon, in or on the commodity.
* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in Sec.  180.1(l), are established 
for residues of the herbicide bentazon, 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 bentazon, 3-(1-methylethyl)-
1H-2,1,3-benzothiadiazin-4(3H)-one 2,2-dioxide, and its metabolites, 6-
hydroxy bentazon and 8-hydroxy bentazon, calculated as the 
stoichiometric equivalent of bentazon, in or on the commodity.
* * * * *
    5. In Sec.  180.383 revise the introductory text in paragraph (a) 
to read as follows:


Sec.  180.383  Sodium salt of acifluorfen; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide sodium acifluorfen, 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 acifluorfen acid, 5-[2-chloro-
4-(trifluoromethyl)phenoxy]-2-nitrobenzoic acid, acifluorfen methyl, 
methyl 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate, 
acifluorfen amine, 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-
aminobenzoic acid, and acifluorfen amine methyl ester, methyl 5-[2-
chloro-4-(trifluoromethyl)phenoxy]-2-aminobenzoate, calculated as the 
stoichiometric equivalent of acifluorfen acid, in or on the commodity.
* * * * *
    6. Section 180.390 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise the introductory text in paragraph (a)(2);
    iii. Revise the introductory text in paragraph (a)(3).
    The revised text reads as follows:


Sec.  180.390  Tebuthiuron; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the 
herbicide tebuthiuron, 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 tebuthiuron, N-[5-(1,1-dimethylethyl)-1,3,4-
thiadiazol-2-yl]-N,N '-dimethylurea, and its metabolites N-[5-(2-
hydroxy-1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl]-N,N '-dimethylurea, 
N-[5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl]-N-methylurea, and N-[5-
(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl]-N '-hydroxymethyl-N-
methylurea, calculated as the stoichiometric equivalent of tebuthiuron, 
in or on the commodity.
* * * * *
    (2) Tolerances are established for residues of the herbicide 
tebuthiuron, 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 tebuthiuron, N-[5-(1,1-dimethylethyl)-1,3,4-
thiadiazol-2-yl]-N,N '-dimethylurea, and its metabolites N-[5-(1,1-
dimethylethyl)-1,3,4-thiadiazol-2-yl]-N-methylurea, N-[5-(1,1-
dimethylethyl)-1,3,4-thiadiazol-2-yl]urea, 2-dimethylethyl-5-amino-
1,3,4-thiadiazole, and N-[5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl]-
N '-hydroxymethyl-N-methylurea, calculated as the stoichiometric 
equivalent of tebuthiuron, in or on the commodity.
* * * * *
    (3) A tolerance is established for residues of the herbicide 
tebuthiuron, 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 tebuthiuron, N-[5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-
yl]-N,N '-dimethylurea, and its metabolites N-[5-(1,1-dimethylethyl)-
1,3,4-thiadiazol-2-yl]-N-methylurea, N-[5-(2-hydroxy-1,1-
dimethylethyl)-1,3,4-thiadiazol-2-yl]-N-methylurea, N-[5-(1,1-

[[Page 34942]]

dimethylethyl)-1,3,4-thiadiazol-2-yl]urea, N-[5-(1,1-dimethylethyl)-
1,3,4-thiadiazol-2-yl]-N '-hydroxymethyl-N-methylurea, and N-[5-(2-
hydroxy-1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl]-N '-hydroxymethyl-N-
methylurea, calculated as the stoichiometric equivalent of tebuthiuron, 
in milk.
* * * * *
    7. Section 180.408 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise the introductory text in paragraph (c);
    iii. Revise the introductory text in paragraph (d).
    The revised text reads as follows:


Sec.  180.408  Metalaxyl; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
fungicide metalaxyl, 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 metalaxyl, methyl N-(2,6-dimethylphenyl)-N-
(methoxyacetyl)-DL-alaninate, in or on the commodity.
* * * * *
    (c) Tolerances with regional registrations. A tolerance with a 
regional registration, as defined in Sec.  180.1(l), is established for 
residues of the fungicide metalaxyl, 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 metalaxyl, methyl N-(2,6-
dimethylphenyl)-N-(methoxyacetyl)-DL-alaninate, in or on the commodity.
* * * * *
    (d) Indirect or inadvertent tolerances. Tolerances are established 
for indirect or inadvertent residues of the fungicide metalaxyl, 
including its metabolites and degradates, in or on the commodities in 
the table in this paragraph when present therein as a result of the 
application of metalaxyl to growing crops listed in paragraph (a) of 
this section and other non-food crops. Compliance with the tolerance 
levels specified in this paragraph is to be determined by measuring 
only metalaxyl, methyl N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-DL-
alaninate, in or on the commodity.
* * * * *
    8. Section 180.435 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise paragraph (a)(2).
    The revised text reads as follows:


Sec.  180.435  Deltamethrin; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the 
insecticide deltamethrin, 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 deltamethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate, and its major metabolites, trans 
deltamethrin, (S)-alpha-cyano-m-phenoxybenzyl (1R,3S)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate and alpha-R-
deltamethrin, (R)-alpha-cyano-m-phenoxybenzyl (1R,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate, calculated as the 
stoichiometric equivalent of deltamethrin, in or on the commodity.
* * * * *
    (2) A tolerance of 0.05 parts per million is established for 
residues of the insecticide deltamethrin, including its metabolites and 
degradates, in or on all food/feed commodities (other than those 
covered by a higher tolerance as a result of use on growing crops) when 
present from application of deltamethrin in food/feed handling 
establishments (including food service, manufacturing and processing 
establishments, such as restaurants, cafeterias, supermarkets, 
bakeries, breweries, dairies, meat slaughtering and packing plants, and 
canneries, feed handling establishments including feed manufacturing 
and processing establishments), in accordance with the following 
conditions: Application shall be limited to general surface and spot 
and/or crack and crevice treatment in food/feed handling establishments 
where food/feed and food/feed products are held, processed, prepared, 
and served; general surface application may be used only when the 
facility is not in operation, provided exposed food/feed has been 
covered or removed from the area being treated; spot and/or crack and 
crevice application may be used while the facility is in operation 
provided exposed food/feed is covered or removed from the area being 
treated prior to application; spray concentration shall be limited to a 
maximum of 0.06 percent active ingredient; and contamination of food/
feed or food/feed contact surfaces shall be avoided. Compliance with 
the tolerance level specified in this paragraph is to be determined by 
measuring only the sum of deltamethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate, and its major metabolites, trans 
deltamethrin, (S)-alpha-cyano-m-phenoxybenzyl (1R,3S)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate and alpha-R-
deltamethrin, (R)-alpha-cyano-m-phenoxybenzyl (1R,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate, calculated as the 
stoichiometric equivalent of deltamethrin, in or on the commodity.
* * * * *
    9. Section 180.436 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise paragraph (a)(2);
    iii. Revise paragraph (a)(3);
    iv. Revise the introductory text in paragraph (a)(4).
    The revised text reads as follows:


Sec.  180.436  Cyfluthrin and the isomer beta-cyfluthrin; tolerances 
for residues.

    (a) * * * (1) Tolerances are established for residues of the 
insecticide cyfluthrin, 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 cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate, in or on the 
commodity.
* * * * *
    (2) A tolerance of 0.05 parts per million is established for 
residues of the insecticide cyfluthrin, including its metabolites and 
degradates, in or on food commodities exposed to the insecticide during 
treatment of food-handling establishments where food and food products 
are held, processed, prepared, or served, where treatments may be made 
by general surface, spot, and/or crack and crevice applications, in 
accordance with the following conditions: General surface treatments 
shall be limited to a maximum of 3.8 grams of active ingredient per 
1,000 square feet, applying to walls, floors, and ceilings with a low-
pressure system; all food processing and/or handling equipment has been 
covered or removed during application; application excludes any direct 
application to food products; reapplications may be made at 10-day 
intervals. Crack and crevice or spot

[[Page 34943]]

treatments shall be limited to a maximum of 0.1 percent of the active 
ingredient by weight, applied with a low-pressure system with a 
pinpoint or variable-pattern nozzle. Dust formulation shall be limited 
to a maximum of 0.1 percent of the active ingredient by weight, applied 
using a hand duster, powder duster, or other equipment capable of 
applying dust insecticide directly into voids and cracks and crevices. 
Dust applications should be made in a manner to avoid deposits on 
exposed surfaces or introducing the material into the air. Application 
may be made provided exposed food has been covered or removed from 
premises and excludes any direct application to food. Reapplications 
may be made at 10-day intervals. Compliance with the tolerance level 
specified in this paragraph is to be determined by measuring only 
cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl 3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate, in or on the 
commodity.
    (3) A tolerance of 0.05 parts per million is established for 
residues of the insecticide cyfluthrin, including its metabolites and 
degradates, in or on feed commodities exposed to the insecticide during 
treatment of feed-handling establishments where feed and feed products 
are held, processed, prepared, or served, where treatments may be made 
by general surface, spot, and/or crack and crevice applications, in 
accordance with the following conditions: General surface treatments 
shall be limited to a maximum of 3.8 grams of active ingredient per 
1,000 square feet, applying to walls, floors, and ceilings with a low-
pressure system; all feed processing and/or handling equipment has been 
covered or removed during application; application excludes any direct 
application to feed products; reapplications may be made at 10-day 
intervals. Crack and crevice or spot treatments shall be limited to a 
maximum of 0.1 percent of the active ingredient by weight, applied with 
a low-pressure system with a pinpoint or variable-pattern nozzle. Dust 
formulation shall be limited to a maximum of 0.1 percent of the active 
ingredient by weight, applied using a hand duster, powder duster, or 
other equipment capable of applying dust insecticide directly into 
voids and cracks and crevices. Dust applications should be made in a 
manner to avoid deposits on exposed surfaces or introducing the 
material into the air. Application may be made provided exposed feed 
has been covered or removed from premises and excludes any direct 
application to feed. Reapplications may be made at 10-day intervals. 
Compliance with the tolerance level specified in this paragraph is to 
be determined by measuring only cyfluthrin, cyano(4-fluoro-3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropanecarboxylate, in or on the commodity.
    (4) Tolerances are established for residues of the insecticide 
beta-cyfluthrin, 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 beta-cyfluthrin, cyano(4-fluoro-3-phenoxyphenyl)methyl 
3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate [mixture 
comprising the enantiomeric pair (R)-[alpha]-cyano-4-fluoro-3-
phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-[alpha]-cyano-4-fluoro-3-
phenoxybenzyl (1R,3R)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate with the enantiomeric pair (R)-[alpha]-
cyano-4-fluoro-3-phenoxybenzyl (1S,3R)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-[alpha]-cyano-4-fluoro-3-
phenoxybenzyl (1R,3S)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate], in or on the commodity.
* * * * *
    10. Section 180.441 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise the introductory text in paragraph (a)(2);
    iii. Revise the introductory text in paragraph (a)(3);
    iv. Remove paragraph (a)(4);
    v. Revise the introductory text in paragraph (c).
    The revised text reads as follows:


Sec.  180.441  Quizalofop ethyl; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the 
herbicides quizalofop and quizalofop ethyl, including their 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 quizalofop, 
2-[4-[(6-chloro-2-quinoxalinyl)oxy]phenoxy]propanoic acid, and 
quizalofop ethyl, ethyl 2-[4-[(6-chloro-2-
quinoxalinyl)oxy]phenoxy]propanoate, calculated as the stoichiometric 
equivalent of quizalofop ethyl, in or on the commodity.
* * * * *
    (2) Tolerances are established for residues of the herbicides 
quizalofop, quizalofop ethyl, and quizalofop methyl, including their 
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 quizalofop, 
2-[4-[(6-chloro-2-quinoxalinyl)oxy]phenoxy]propanoic acid, quizalofop 
ethyl, ethyl 2-[4-[(6-chloro-2-quinoxalinyl)oxy]phenoxy]propanoate, and 
quizalofop methyl, methyl 2-[4-[(6-chloro-2-
quinoxalinyl)oxy]phenoxy]propanoate, calculated as the stoichiometric 
equivalent of quizalofop ethyl, in or on the commodity.
* * * * *
    (3) Tolerances are established for residues of the herbicide 
quizalofop-p-ethyl ester, 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 quizalofop-p-ethyl ester, ethyl (2R)-2-[4-
[(6-chloro-2-quinoxalinyl)oxy]phenoxy]propanoate, its acid metabolite 
quizalofop-p, (2R)-2-[4-[(6-chloro-2-quinoxalinyl)oxy]phenoxy]propanoic 
acid, and the S-enantiomers of both the ester and the acid, calculated 
as the stoichiometric equivalent of quizalofop-p-ethyl ester, in or on 
the commodity.
* * * * *
    (c) Tolerances with regional registrations. A tolerance with a 
regional registration, as defined in Sec.  180.1(l), is established for 
residues of the herbicide quizalofop-p-ethyl ester, 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 quizalofop-p-ethyl ester, 
ethyl (2R)-2-[4-[(6-chloro-2-quinoxalinyl)oxy]phenoxy]propanoate, its 
acid metabolite quizalofop-p, (2R)-2-[4-[(6-chloro-2-
quinoxalinyl)oxy]phenoxy]propanoic acid, and the S-enantiomers of both 
the ester and the acid, calculated as the stoichiometric equivalent of 
quizalofop-p-ethyl ester, in or on the commodity.
* * * * *
    11. Section 180.442 is amended as follows:

[[Page 34944]]

    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise paragraph (a)(2);
    iii. Revise the introductory text in paragraph (b).
    The revised text reads as follows:


Sec.  180.442  Bifenthrin; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the 
insecticide bifenthrin, 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 bifenthrin, (2-methyl[1,1'-biphenyl]-3-yl)methyl 
(1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3-trifluoro-1-propenyl]-2,2-
dimethylcyclopropanecarboxylate, in or on the commodity.
* * * * *
    (2) A tolerance of 0.05 parts per million is established for 
residues of the insecticide bifenthrin, including its metabolites and 
degradates, in or on all food/feed commodities (other than those 
covered by a higher tolerance as a result of use on growing crops) when 
present from application of bifenthrin in food/feed handling 
establishments (including food service, manufacturing and processing 
establishments, such as restaurants, cafeterias, supermarkets, 
bakeries, breweries, dairies, meat slaughtering and packing plants, and 
canneries, feed handling establishments including feed manufacturing 
and processing establishments), in accordance with the following 
conditions: Application shall be limited to general surface and spot 
and/or crack and crevice treatment in food/feed handling establishments 
where food/feed and food/feed products are held, processed, prepared, 
and served; general surface application may be used only when the 
facility is not in operation, provided exposed food/feed has been 
covered or removed from the area being treated; spot and/or crack and 
crevice application may be used while the facility is in operation 
provided exposed food/feed is covered or removed from the area being 
treated prior to application; spray concentration shall be limited to a 
maximum of 0.06 percent active ingredient; and contamination of food/
feed or food/feed contact surfaces shall be avoided. Compliance with 
the tolerance level specified in this paragraph is to be determined by 
measuring only bifenthrin, (2-methyl[1,1'-biphenyl]-3-yl)methyl 
(1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3-trifluoro-1-propenyl]-2,2-
dimethylcyclopropanecarboxylate, in or on the commodity.
    (b) Section 18 emergency exemptions. Time-limited tolerances are 
established for residues of the insecticide bifenthrin, including its 
metabolites and degradates, in or on the commodities in the table in 
this paragraph in connection with use of the pesticide under a Section 
18 emergency exemption granted by EPA. Compliance with the tolerance 
levels specified in this paragraph is to be determined by measuring 
only bifenthrin, (2-methyl[1,1'-biphenyl]-3-yl)methyl (1R,3R)-rel-3-
[(1Z)-2-chloro-3,3,3-trifluoro-1-propenyl]-2,2-
dimethylcyclopropanecarboxylate, in or on the commodity. The tolerances 
will expire and are revoked on the date specified in the following 
table.
* * * * *
    12. Section 180.466 is amended by revising the introductory text in 
paragraph (a) to read as follows:


Sec.  180.466  Fenpropathrin; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide fenpropathrin, 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 fenpropathrin, cyano(3-phenoxyphenyl)methyl 2,2,3,3-
tetramethylcyclopropanecarboxylate, in or on the commodity.
* * * * *
    13. Section 180.494 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise the introductory text in paragraph (c).
    The revised text read as follows:


Sec.  180.494  Pyridaben; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide pyridaben, 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 pyridaben, 4-chloro-2-(1,1-dimethylethyl)-5-[[[4-(1,1-
dimethylethyl)phenyl]methyl]thio]-3(2H)-pyridazinone, in or on the 
plant commodity, and only the sum of pyridaben and its metabolites 2-
tert-butyl-5-[4-(1-carboxy-1-methylethyl)benzylthio]-4-chloropyridazin-
3(2H)-one and 2-tert-butyl-5-[4-(1,1-dimethyl-2-
hydroxyethyl)benzylthio]-4-chloropyridazin-3(2H)-one, calculated as the 
stoichiometric equivalent of pyridaben, in or on the animal commodity.
* * * * *
    (c) Tolerances with regional registrations. A tolerance with 
regional registration, as defined in Sec.  180.1(l), is established for 
residues of the insecticide pyridaben, 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 pyridaben, 4-chloro-2-(1,1-
dimethylethyl)-5-[[[4-(1,1-dimethylethyl)phenyl]methyl]thio]-3(2H)-
pyridazinone, in or on the commodity.
* * * * *
    14. Section 180.513 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise paragraph (a)(2).
    The revised text reads as follows:


Sec.  180.513  Chlorfenapyr; tolerances for residues.

    (a) * * * (1) A tolerance is established for residues of the 
insecticide chlorfenapyr, 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 chlorfenapyr, 4-bromo-2-(4-chlorophenyl)-1-
(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile, in or on 
the commodity.
* * * * *
    (2) A tolerance of 0.01 parts per million is established for 
residues of the insecticide chlorfenapyr, including its metabolites and 
degradates, in or on all food commodities (other than those covered by 
a higher tolerance as a result of use on growing crops) in accordance 
with the following conditions: Application shall be no greater than a 
0.5% active ingredient solution for spot, crack and crevice use in 
food/feed handling areas where food/feed products are prepared, held, 
processed, or served; application may only be undertaken when the 
facility is not in operation, and provided exposed food/feed has been 
covered, or removed from the area being treated prior to application; 
food contact surfaces and equipment should be thoroughly washed with an 
effective cleaning compound, and rinsed with potable water after each 
use of the product; contamination of food/feed or food/feed

[[Page 34945]]

contact surfaces shall be avoided; and application excludes any direct 
application to any food/feed, food/feed packaging, or any food/feed 
contact surfaces. Compliance with the tolerance level specified in this 
paragraph is to be determined by measuring only chlorfenapyr, 4-bromo-
2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-
carbonitrile, in or on the commodity.
* * * * *
    15. Section 180.533 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise paragraph (a)(2);
    iii. Revise the introductory text in paragraph (c).
    The revised text reads as follows:


Sec.  180.533  Esfenvalerate; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the 
insecticide esfenvalerate, 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 esfenvalerate, (S)-cyano(3-
phenoxyphenyl)methyl ([alpha]S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, its non-racemic isomer (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, and its diastereoisomers (S)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, calculated as the stoichiometric equivalent 
of esfenvalerate, in or on the commodity.
* * * * *
    (2) A tolerance of 0.05 parts per million in or on raw agricultural 
food commodities (other than those food commodities already covered by 
a higher tolerance as a result of use on growing crops) is established 
for residues of the insecticide esfenvalerate, including its 
metabolites and degradates, as a result of the use of esfenvalerate in 
food-handling establishments. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only the 
sum of esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl (S)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate, its non-racemic isomer (R)-
cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, and its diastereoisomers (S)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, calculated as the stoichiometric equivalent 
of esfenvalerate, in or on the commodity.
* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in Sec.  180.1(l), are established 
for residues of the insecticide esfenvalerate, 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 
esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl (S)-4-chloro-[alpha]-
(1-methylethyl)benzeneacetate, its non-racemic isomer (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, and its diastereoisomers (S)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, calculated as the stoichiometric equivalent 
of esfenvalerate, in or on the commodity.
* * * * *
[FR Doc. 2011-14827 Filed 6-14-11; 8:45 am]
BILLING CODE 6560-50-P