[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27164-27174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11063]
[[Page 27164]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2012-0171; FRL-9345-2]
RIN 2070-ZA16
Butylate, Clethodim, Dichlorvos, Dicofol, Isopropyl Carbanilate,
et al.; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing, in follow-up to canceled uses or where a
commodity is no longer a significant feed item, to revoke certain
tolerances for butylate, clethodim, dichlorvos, dicofol, isopropyl
carbanilate, methanearsonic acid, methomyl, naled, primisulfuron-
methyl, tralomethrin, and ziram, and tolerance exemptions for rotenone,
derris, cube roots, and pine oil. Also, EPA is proposing to make minor
revisions to the tolerance expressions for dicofol, methanearsonic
acid, methomyl, and tralomethrin, revise the nomenclature of specific
tolerances for butylate, methomyl, and tralomethrin, and remove expired
tolerances for certain pesticide active ingredients, in accordance with
current EPA practice. In addition, EPA is proposing to reinstate
popcorn tolerances for metolachlor to remedy an inadvertent omission
and cover existing registrations.
DATES: Comments must be received on or before July 9, 2012.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2012-0171, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online 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-
2012-0171. EPA's policy is that all comments received will be included
in the docket without change and may be made available online 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 email. 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 email comment
directly to EPA without going through regulations.gov, your email
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; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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 email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a
[[Page 27165]]
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 or tolerance
exemption 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 the Federal Food, Drug, and Cosmetic Act (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 certain tolerances and to promulgate
other tolerances with expiration dates, for the fungicide ziram, the
herbicides butylate, clethodim, isopropyl carbanilate, methanearsonic
acid, and primisulfuron-methyl; the insecticides dichlorvos, dicofol,
methomyl, naled, and tralomethrin, and tolerance exemptions for the
pesticides rotenone, derris, cube roots, and pine oil.
Section 321 of FFDCA defines a pesticide residue as including
metabolites and degradates of the pesticide. Therefore, EPA is
proposing to make minor revisions to the tolerance expressions for
dicofol, methanearsonic acid, methomyl, and tralomethrin, in accordance
with current Agency practice to describe more clearly the measurement
of residues for tolerances and coverage of metabolites and degradates
of a pesticide by the tolerances. The revisions to the tolerance
expressions do not substantively change the tolerance or, in any way,
modify the permissible level of residues permitted by the tolerance.
In addition, EPA is proposing to revise the nomenclature of
specific tolerances for butylate, methomyl, and tralomethrin, and
remove expired tolerances for arsanilic acid, cyhexatin, ethion,
fenthion, fonofos, lindane, orthoarsenic acid, phosphamidon, and
triazamate. In addition, EPA is proposing to reinstate popcorn
tolerances for metolachlor.
EPA is proposing to revoke certain tolerances because they are no
longer needed or are associated with food uses that are no longer
registered under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA). The proposed revocations for dichlorvos, naled, and pine
oil are consistent with the recommendations in the dichlorvos, naled,
and pine oil Reregistration Eligibility Decisions (REDs) of 2006. As
part of the tolerance reassessment process, 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 RED. REDs
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 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 are
available on the Internet for the dichlorvos, naled, and pine oil REDs
at http://www.epa.gov/pesticides/reregistration/status.htm.
In REDs, Chapter IV on risk management, reregistration, and
tolerance reassessment typically describes the regulatory position,
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.
EPA also seeks to harmonize tolerances with international standards set
by the Codex Alimentarius Commission, as described in Unit III.
It is EPA's general practice to propose revocation of those
tolerances 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.
Certain tolerances pertaining to the pesticides subject to this
proposal have expired due to previous EPA regulation setting expiration
dates. Therefore, EPA is proposing to remove the expired tolerances
from the Code of Federal Regulations. 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.
1. Arsanilic acid. Because the sole tolerance for the plant growth
regulator arsanilic acid expired on February 28, 2001, EPA is proposing
to remove it from 40 CFR 180.550, and remove that section in its
entirety.
2. Butylate. In the Federal Register notice of July 28, 2010 (75 FR
44240) (FRL-8835-2), EPA published a notice of cancellation of
pesticides for non-payment of year 2010 registration maintenance fees,
which included the announcement of cancellations for both an end-use
product registration and last technical chemical registration for
butylate. The cancellation orders permitted the registrant to sell and
distribute existing stocks of affected products until January 15, 2011,
one year after the date on which the fee was due. Persons other than
registrant are permitted to sell, distribute, and/or use existing
stocks of products whose labels include the deleted uses until supplies
are exhausted, provided that the use complies with the EPA approved
label
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and labeling of the affected products. In the Federal Register notice
of January 26, 2011 (76 FR 4692) (FRL-8856-9), EPA published a notice
of receipt of voluntary requests by registrants to cancel certain
pesticide registrations, including an end-use registration for
butylate, the last butylate product registered for use in the United
States. In the Federal Register notice of March 23, 2011 (76 FR 16417)
(FRL-8867-8), EPA issued a cancellation order which granted the
requested cancellation for the last butylate registration and permitted
the registrant to sell and distribute existing stocks of the affected
product containing butylate for 1 year after the date of publication of
the cancellation order in the Federal Register; i.e., until March 23,
2012. Persons other than registrant are permitted to sell, distribute,
and/or use existing stocks of products whose labels include the deleted
uses until supplies are exhausted, provided that the use complies with
the EPA approved label and labeling of the affected products.
EPA believes that existing stocks are likely to be exhausted by
March 23, 2013. Therefore, EPA is proposing to revoke the tolerances
for butylate in 40 CFR 180.232(a) on corn, field, forage; corn, field,
grain; corn, field, stover; corn, pop, forage; corn, pop, grain; corn,
sweet, forage; and corn, sweet, kernel plus cob with husks removed;
each with an expiration/revocation date of March 23, 2013.
Also, in order to conform to current Agency practice, EPA is
proposing in 40 CFR 180.232(a) to revise the commodity terminology for
``corn, pop, forage'' to ``corn, pop, stover.''
3. Clethodim. The commodity ``soybean soapstock'' is no longer
considered by the Agency to be a significant animal feed item and
therefore the tolerance is no longer needed. Consequently, EPA is
proposing to revoke the tolerance in 40 CFR 180.458(a) on soybean,
soapstock.
4. Cyhexatin. Because the sole tolerance for the insecticide
cyhexatin expired on June 13, 2009, EPA is proposing to remove it from
40 CFR 180.144, and remove that section in its entirety.
5. Dichlorvos. On February 5, 1998 (63 FR 5907) (FRL-5743-9), 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 the tomato tolerance for
dichlorvos in 40 CFR 180.235 because there were no active registrations
for use of dichlorvos on tomatoes in the United States, and therefore
the tolerance was no longer needed. However, during the public comment
period and as described in the final rule published in the Federal
Register on October 26, 1998 (63 FR 57067) (FRL-6035-6), EPA received
comment from the Canadian Horticultural Council (CHC). Consequently,
EPA did not revoke the dichlorvos tolerance on tomato at that time. The
CHC stated that revocation of the tomato tolerance would create a
barrier to Canadian exports and requested that tolerances be maintained
until pesticide alternatives were available to producers in Canada. EPA
believes that there is no longer a need for the dichlorvos tolerance on
tomato. Possible alternative insecticides such as fenpropathrin,
deltamethrin, chlorantraniliprole, spinetoram, spinosad, permethrin,
acetamiprid, imidacloprid, and lambda-cyhalothrin have both Canadian
MRLs and U.S. tolerances on tomato or vegetable, fruiting, group 8,
where a U.S. tolerance is at or exceeds the level of the corresponding
Canadian MRL for the pesticide. Therefore, EPA is proposing to revoke
the dichlorvos tolerance in 40 CFR 180.235(a)(1) on tomato, postharvest
(residues expressed as naled).
6. Dicofol. As a result of on an agreement in principle signed by
the EPA and the technical registrants of dicofol on May 17, 2011,
registrants requested voluntary product cancellation and amendment. The
cancellations included the last products containing dicofol registered
for use in the United States. Dicofol registrants agreed to cease all
production of dicofol as of May 17, 2011, cease all sales and
distribution of dicofol end-use products by October 31, 2013, and amend
end-use products to add a condition of registration that as of August
31, 2011, registrants will not sell or distribute dicofol end-use
products that do not bear a prominent sticker prior to sale or
distribution by the dicifol registrants that declares: ``It is unlawful
to use this product after October 31, 2016.''
In the Federal Register of June 22, 2011 (76 FR 36535) (FRL-8875-
7), EPA announced its receipt of the requests from registrants to
voluntarily cancel the last product registrations for use of dicofol in
the United States. In the Federal Register of December 14, 2011 (76 FR
77824) (FRL-9326-5), EPA published a cancellation order in follow-up to
the June 22, 2011 Notice of Receipt of Requests. The cancellation order
allowed registrants of dicofol end-use products to sell and distribute
existing stocks until October 31, 2013, persons other than the
registrants to sell and distribute existing stocks until December 31,
2013, and use of existing stocks of any of the dicofol end-use products
until October 31, 2016. Therefore, EPA is proposing to revoke the
dicofol tolerances in 40 CFR 180.163(a)(1) on apple, wet pomace; bean,
dry, seed; bean, succulent; butternut; caneberry subgroup 13A;
chestnut; citrus, dried pulp; citrus oil; cotton, refined oil; cotton,
undelinted seed; fruit, citrus, group 10; fruit, pome, group 11; fruit,
stone, group 12; grape; grape, raisin; hazelnut; hop, dried cones; nut,
hickory; nut, macadamia; pecan; peppermint, oil; peppermint, tops;
spearmint, oil; spearmint, tops; strawberry; tea, dried; tea, plucked
leaves; vegetable, cucurbit, group 9; vegetable, fruiting, group 8; and
walnut; each with an expiration/revocation date of October 31, 2016.
Also, EPA is proposing to revoke the dicofol tolerances in 40 CFR
180.163(a)(2) on cattle, fat; cattle, liver; cattle, meat; cattle, meat
byproducts, except liver; egg; goat, fat; goat, liver; goat, meat;
goat, meat byproducts, except liver; hog, fat; hog, liver; hog, meat;
hog, meat byproducts, except liver; horse, fat; horse, liver; horse,
meat; horse, meat byproducts, except liver; milk, fat (reflecting 0.75
ppm in whole milk); poultry, fat; poultry, meat; poultry, meat
byproducts; sheep, fat; sheep, liver; sheep, meat; and sheep, meat
byproducts, except liver; each with an expiration/revocation date of
October 31, 2016.
In addition, EPA is proposing to revise the section heading in 40
CFR 180.163 from ``1,1-bis(4-chlorophenyl)-2,2,2-trichloroethanol'' to
``dicofol.'' Also, in order to describe more clearly the measurement of
residues for tolerances and coverage of metabolites and degradates of a
pesticide by the tolerances, EPA is proposing to revise the tolerance
expressions for dicofol in 40 CFR 180.163(a)(1) and (a)(2) to read as
set out in the proposed regulatory text at the end of this document.
7. Ethion. Because all the tolerances for the insecticide ethion
expired on October 1, 2008, EPA is proposing to remove them from 40 CFR
180.173, and remove that section in its entirety.
8. Fenthion. Because all the tolerances for the insecticide
fenthion expired, some on April 1, 2006 and some on April 1, 2003, EPA
is proposing to remove them from 40 CFR 180.214, and remove that
section in its entirety.
9. Fonofos. Because all the tolerances for the insecticide O-ethyl
S-phenyl ethylphosphonodithioate, also known as fonofos, expired on
December 31, 2002, EPA is proposing to remove them from 40 CFR 180.221,
and remove that section in its entirety.
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10. Isopropyl carbanilate. Because there have been no active
registrations in the United States for isopropyl carbanilate (also
called propham) since 1991, the interim tolerances are no longer needed
and therefore should be revoked. Therefore, EPA is proposing to revoke
the interim tolerances for isopropyl carbanilate in 40 CFR 180.319 on
alfalfa, hay; clover, hay; grass, hay; alfalfa, forage; clover, forage;
grass, forage; flax, seed; lentil; lettuce, head; lettuce, leaf; pea;
safflower, seed; spinach; beet, sugar, roots; beet, sugar, tops; egg;
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; milk; sheep, fat;
sheep, meat; sheep, meat byproducts; poultry, fat; poultry, meat; and
poultry, meat byproducts.
11. Lindane. Because all the tolerances for the insecticide lindane
expired on October 2, 2009, EPA is proposing to remove them from 40 CFR
180.133, and remove that section in its entirety.
12. Methanearsonic acid. As a result of an agreement in principle
signed by the EPA and the technical registrants of the organic
arsenicals on January 16 and February 5, 2009, registrants requested
voluntary product cancellation and amendment. Some of the cancellations
included the last products containing disodium methanearsonate (DSMA)
registered for use in the United States, and cancellation and amendment
of products for monosodium methanearsonate (MSMA) which would terminate
its citrus, bearing and non-bearing, uses. In the Federal Register of
July 8, 2009 (74 FR 32596) (FRL-8422-6), EPA announced its receipt of
the requests and provided a public comment period. In the Federal
Register of September 30, 2009 (74 FR 50187) (FRL-8437-7), EPA
published a cancellation order in follow-up to the July 8, 2009, Notice
of Receipt of Requests. The cancellation order prohibited registrants
from selling or distributing existing stocks (with citrus uses) after
December 31, 2009, and persons other than the registrants from selling
or distributing existing stocks after December 31, 2010, but allowed
their use until exhaustion. EPA believes that existing stocks (with
citrus use) will be exhausted 2 years after December 31, 2010; i.e., by
December 31, 2012. Therefore, EPA is proposing to revoke the tolerance
in 40 CFR 180.289(a) for methanearsonic acid, from application of DSMA
and MSMA, in or on fruit, citrus with an expiration/revocation date of
December 31, 2012.
Also, in order to describe more clearly the measurement of residues
for tolerances and coverage of metabolites and degradates of a
pesticide by the tolerances, EPA is proposing to revise the tolerance
expression for methanearsonic acid in 40 CFR 180.289(a) to read as set
out in the proposed regulatory text at the end of this document.
13. Methomyl. In the Federal Register notice of October 24, 2007
(72 FR 60364) (FRL-8153-3), EPA published a notice of receipt of
voluntary requests for amendments by registrants to delete the grape
use in methomyl registrations. In the Federal Register notice of
December 8, 2010 (75 FR 76456) (FRL-8855-6), EPA issued a cancellation
order granting the requested amendments to terminate use and permitted
the registrant to sell and distribute existing stocks of the affected
products containing methomyl for 18 months after the date of the
cancellation order; i.e., until June 8, 2012. Persons other than the
registrant are permitted to sell, distribute, and/or use existing
stocks of products whose labels include the deleted uses until supplies
are exhausted, provided that the use complies with the EPA approved
label and labeling of the affected products.
EPA believes that existing stocks will be exhausted by June 8,
2013. Therefore, EPA is proposing to revoke the tolerance for methomyl
in 40 CFR 180.253(a) on grape with an expiration/revocation date of
June 8, 2013.
In order to describe more clearly the measurement of residues for
tolerances and coverage of metabolites and degradates of a pesticide by
the tolerances, EPA is proposing to revise the tolerance expressions
for methomyl in 40 CFR 180.253(a) and (c) to read as set out in the
proposed regulatory text at the end of this document.
Also, in order to conform to current Agency practice, EPA is
proposing in 40 CFR 180.253(a) to revise the commodity terminology for
``cucurbits'' to ``vegetable, cucurbit, group 9;'' ``orange, sweet'' to
``orange;'' ``pepper'' to ``pepper, bell'' and ``pepper, nonbell;''
``sorghum, forage'' to ``sorghum, grain, forage;'' ``sorghum, grain''
to ``sorghum, grain, grain;'' ``soybean'' to ``soybean, seed;''
``vegetable, fruiting'' to ``vegetable, fruiting, group 8;'' and
``vegetable, root'' to ``vegetable, root and tuber, group 1;'' and to
remove the ``(N)'' designation, which means negligible residues,
wherever it appears in 40 CFR 180.253(a).
14. Metolachlor. In the Federal Register of September 17, 2008 (73
FR 53732) (FRL-8375-2), EPA finalized tolerance actions for specific
active ingredients including metolachlor, for which the Agency
completed a number of actions, including decreasing tolerance levels in
40 CFR 180.368(a)(1) on corn fodder and forage to 6.0 parts per million
(ppm) and revising the commodity terminology of the tolerances on corn,
grain to corn, field, grain; and corn, fodder to corn, field, stover
and corn, sweet, stover. However, the Agency inadvertently omitted
corn, pop, grain (previously covered by corn, grain) and corn, pop,
stover (previously covered by corn, fodder) as part of the commodity
terminology revisions for metolachlor in the final rule. Nor did the
Agency include the popcorn tolerances for metolachlor in the Federal
Register of August 8, 2007 (72 FR 44439) (FRL-8138-8) for the proposed
rule. To remedy this inadvertent error and to cover existing popcorn
registrations for metolachlor, the Agency proposes to correct the
revisions and reinstate the tolerances in 40 CFR 180.368(a)(1) for
corn, pop, grain at 0.10 ppm and corn, pop, stover at 6.0 ppm.
15. Naled. On February 5, 1998 (63 FR 5907)(FRL-5743-9), 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 the lettuce tolerance for naled in
40 CFR 180.215 because there were no active registrations for use of
naled on lettuce in the United States, and therefore the tolerance was
no longer needed. However, during the public comment period and as
described in the final rule published in the Federal Register on
October 26, 1998 (63 FR 57067) (FRL-6035-6), EPA received comment from
Valent USA Corporation, on behalf of Amvac Chemical Corporation, and
the Canadian Horticultural Council (CHC). Consequently, EPA did not
revoke the naled tolerance on lettuce at that time. Amvac requested
that the lettuce tolerance be retained for import purposes and that it
would support that import tolerance. However, recently, Amvac notified
the Agency that it was no longer interested in supporting the lettuce
tolerance for import purposes. The CHC stated that revocation of the
lettuce tolerance would create a barrier to Canadian exports and
requested that tolerances be maintained until pesticide alternatives
were available to producers in Canada. EPA believes that there is no
longer a need for the naled tolerance on lettuce. Possible alternative
insecticides such as chlorantraniliprole, spinetoram, spinosad,
permethrin, acetamiprid, imidacloprid, lambda-cyhalothrin,
[[Page 27168]]
tebufenozide, and thiamethoxam have both Canadian MRLs and U.S.
tolerances on lettuce, crop subgroup 4A (including lettuce), or
vegetable, leafy, except brassica, group 4, where a U.S. tolerance is
at or exceeds the level of the corresponding Canadian MRL for the
pesticide. Therefore, EPA is proposing to revoke the naled tolerance in
40 CFR 180.215(a)(1) on lettuce.
16. Orthoarsenic acid. Because the sole tolerance for the defoliant
orthoarsenic acid expired on July 1, 1995, EPA is proposing to remove
it from 40 CFR 180.180, and remove that section in its entirety.
17. Phosphamidon. Because the sole tolerance for the insecticide
phosphamidon expired on December 31, 2002, EPA is proposing to remove
it from 40 CFR 180.239, and remove that section in its entirety.
18. Pine oil. Because there have been no active registrations in
the United States for more than 10 years regarding the use of pine oil
in honey and honeycomb, the exemption from the requirement of a
tolerance for pine oil (also known as 1-methyl-4-isopropyl-1-cyclo-
hexen-8-ol) residues in or on honey and honeycomb, when present as a
result of its use as a deodorant at no more than 12 percent in
formulation with the bee repellent butanoic anhydride applied in an
absorbent pad over the hive, is no longer needed and therefore should
be revoked. The revocation of the tolerance exemption is consistent
with the recommendation in the pine oil RED of 2006. Consequently, EPA
is proposing to revoke the tolerance exemption for pine oil in 40 CFR
180.1035 on honey and honeycomb.
19. Primisulfuron-methyl. Because there have been no active
registrations for use of primisulfuron-methyl on sweet corn for more
than 10 years and, for at least 10 years, active registrations have
shown a label prohibition of its use on sweet corn, the tolerances on
sweet corn are no longer needed. Therefore, EPA is proposing to revoke
the tolerances in 40 CFR 180.452 on corn, sweet, forage and corn,
sweet, stover.
20. Rotenone. In the Federal Register of July 28, 2010 (75 FR
44256) (FRL-8831-7), February 3, 2010 (75 FR 5643) (FRL-8807-6) and
January 26, 2010 (75 FR 4072) (FRL-8808-2), EPA announced its receipt
of requests for voluntary cancellation of certain pesticide
registrations, including ones for rotenone (and other associated cube
root resins) with agricultural uses, and provided public comment
periods. In the Federal Register of March 23, 2011 (76 FR 16415) (FRL-
8865-9), August 11, 2010 (75 FR 48669) (FRL-8839-9) and May 11, 2010
(75 FR 26227) (FRL-8822-4), EPA published cancellation orders in
follow-up to the July 28, 2010, January 26, 2010 and February 3, 2010
Notice of Receipt of Requests, respectively. The cancellation order of
March 23, 2010 allowed registrants to sell and distribute existing
stocks until May 2011 and persons other than the registrants to sell,
distribute, or use existing stocks until May 2011. The cancellation
order of August 11, 2010 allowed registrants to sell and distribute
existing stocks until August 11, 2011 and persons other than the
registrants to sell, distribute, or use existing stocks until
exhaustion. The cancellation order of May 11, 2010 allowed registrants
to sell and distribute existing stocks until May 11, 2011 and persons
other than the registrants to sell, distribute, or use existing stocks
until exhaustion. EPA believes that existing stocks will be exhausted
by August 11, 2012. Therefore, in 40 CFR 180.905, EPA is proposing to
redesignate existing paragraph (b) as new paragraph (c) and recodify
the tolerance exemptions for rotenone or derris or cube roots from
existing paragraph (a) into newly designated paragraph (b) with
expiration/revocation dates of August 11, 2012.
21. Tralomethrin. In the Federal Register of May 4, 2011 (76 FR
25334) (FRL-8870-5), November 17, 2010 (75 FR 70256) (FRL-8850-1), and
November 10, 2010 (75 FR 69073) (FRL-8851-5), EPA announced its receipt
of requests for voluntary cancellation of certain pesticide
registrations, including ones for tralomethrin associated with
agricultural and food/feed handling establishment uses, and provided
public comment periods. In the Federal Register of July 8, 2011 (76 FR
40359) (FRL-8878-7) and February 25, 2011 (76 FR 10587) (FRL-8863-4),
EPA published cancellation orders in follow-up to the May 4, 2011, and
the November 17, 2010 and November 10, 2010 Notice of Receipt of
Requests, respectively. The cancellation order of February 25, 2011
allowed registrants to sell and distribute existing stocks until
February 25, 2012 and persons other than the registrants to sell,
distribute, or use existing stocks until exhaustion. The cancellation
order of July 8, 2011 allowed registrants to sell and distribute
existing stocks until July 9, 2012 and persons other than the
registrants to sell, distribute, or use existing stocks until
exhaustion. EPA believes that existing stocks will be exhausted by July
9, 2013. Therefore, EPA is proposing to revoke tralomethrin tolerances
in 40 CFR 180.422(a)(1) on broccoli; cotton, undelinted seed; cotton,
oil; lettuce, head; lettuce, leaf; soybean; and sunflower, seed; each
with an expiration/revocation date of July 9, 2013. Also, in order to
conform to current Agency practice, EPA is proposing in 40 CFR
180.422(a)(1) to revise the commodity terminology for ``soybean'' to
read ``soybean, seed.''
Also, EPA is proposing to revoke the tralomethrin tolerance in 40
CFR 180.422(a)(2) on food commodities (other than those covered by a
higher tolerance as a result of use on growing crops) in food-handling
establishments at 0.02 ppm with an expiration/revocation date of July
9, 2013.
In addition, EPA is proposing to revoke the tralomethrin tolerance
in 40 CFR 180.422(a)(3) on feed commodities (other than those covered
by a higher tolerance as a result of use on growing crops) in feed-
handling establishments at 0.02 ppm with an expiration/revocation date
of July 9, 2013.
In order to describe more clearly the measurement of residues for
tolerances and coverage of metabolites and degradates of a pesticide by
the tolerances, EPA is proposing to revise the tolerance expressions
for tralomethrin in 40 CFR 180.422(a)(1), (a)(2), and (a)(3) to read as
set out in the proposed regulatory text at the end of this document.
22. Triazamate. Because the sole tolerance for triazamate expired
on December 31, 2001, EPA is proposing to remove it from 40 CFR
180.536, and remove that section in its entirety.
23. Ziram. In the Federal Register notice of December 1, 2010 (75
FR 74714) (FRL-8854-3), EPA published a notice of receipt of voluntary
requests for amendments by registrants to delete certain uses,
including the last blackberry uses in ziram registrations. In the
Federal Register notice of May 11, 2011 (76 FR 27317) (FRL-8871-2), EPA
issued a cancellation order, which included granting the requested
amendments to terminate the last ziram registrations for blackberry use
and permitted the registrant to sell and distribute existing stocks of
the affected products containing ziram for 12 months after the date of
the cancellation order; i.e., until May 11, 2012. Persons other than
the registrants are permitted to sell, distribute, and/or use existing
stocks of products whose labels include the deleted uses until supplies
are exhausted, provided that the use complies with the EPA approved
label and labeling of the affected products.
EPA believes that existing stocks are likely to be exhausted by May
11, 2013. Therefore, EPA is proposing to revoke the tolerance for ziram
in 40 CFR 180.116(a) on blackberry with an
[[Page 27169]]
expiration/revocation date of May 11, 2013.
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 FFDCA section 402(a), 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 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 FFDCA section 408, 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 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 proposes that these regulations become effective on the date of
publication of the final rule in the Federal Register. With the
exception of certain tolerances for butylate, dicofol, methanearsonic
acid (and salts), methomyl, tralomethrin, and ziram, and tolerance
exemptions for rotenone, derris, and cube roots for which EPA is
proposing specific expiration/revocation dates, the Agency is proposing
that these tolerance revocations and reinstatements, and revisions of
tolerance nomenclatures and tolerance expressions become final on the
date of publication of the final rule in the Federal Register. With the
exception of the specific tolerances for which EPA is proposing
expiration/revocation dates, 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 an expiration/revocation date of March 23, 2013 for all of
the tolerances for butylate, October 31, 2016 for all of the tolerances
for dicofol, December 31, 2012 for the methanearsonic acid tolerance on
fruit, citrus, June 8, 2013 for the methomyl tolerance on grape, July
9, 2013 for all of the tolerances for tralomethrin, May 11, 2013 for
the ziram tolerance on blackberry, and August 11, 2012 for the
tolerance exemptions for rotenone (or derris or cube roots). 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(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 United Nations
Food and Agriculture
[[Page 27170]]
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 butylate, isopropyl
carbanilate (also called propham), methanearsonic acid (and salts),
metolachlor, naled, pine oil, primisulfuron-methyl, rotenone (or derris
or cube roots), tralomethrin, clethodim in or on soybean soapstock, or
for dichlorvos on tomato.
The Codex has not established a MRL for ziram per se, but has MRLs
for total dithiocarbamates (which includes the dithiocarbamate ziram),
determined as carbon disulfide. However, there is no MRL for total
dithiocarbamates in or on blackberry.
The Codex has established a MRL for methomyl in or on grapes at 5
milligrams/kilogram (mg/kg). This MRL is the same as the tolerance
established for methomyl on grapes in the United States.
The Codex has established MRLs for dicofol in or on cattle meat at
3 mg/kg, eggs at 0.05 mg/kg, poultry meat and cottonseed at 0.1 mg/kg,
and cherries at 5 mg/kg. These MRLs and some others are the same as the
tolerances established for dicofol in the United States.
The Codex has established MRLs for dicofol in or on various other
commodities, including beans, dry at 0.1 mg/kg, citrus fruits at 5 mg/
kg, hops, dry at 50 mg/kg, melons, except watermelon at 0.2 mg/kg,
pecans and walnuts at 0.01 mg/kg, and peppers, summer squash, and
tomato at 1 mg/kg. These MRLs are all covered by U.S. tolerances at
higher levels. These MRLs are different than the tolerances established
for dicofol 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 revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted this type of action (e.g.,
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) (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 revocations of
tolerances 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. This analysis was published on December 17, 1997 (62 FR
66020) (FRL-5753-1), and was 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 FFDCA section 408(n)(4). For these same reasons, the
Agency has determined that this proposed rule does not have any
``tribal implications'' as described in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of 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
[[Page 27171]]
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: April 27, 2012.
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. Section 180.116 is amended by revising the table in paragraph
(a) to read as follows:
Sec. [emsp14]180.116 Ziram; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Almond......................................... \1\ 0.1 None
Apple.......................................... \1\ 7.0 None
Apricot........................................ \1\ 7.0 None
Blackberry..................................... \1\ 7.0 5/11/13
Blueberry...................................... \1\ 7.0 None
Cherry, sweet.................................. \1\ 7.0 None
Cherry, tart................................... \1\ 7.0 None
Grape.......................................... 7.0 None
Huckleberry.................................... 7.0 None
Peach.......................................... 7.0 None
Pear........................................... \1\ 7.0 None
Pecan.......................................... 0.1 None
Quince......................................... \1\ 7.0 None
Strawberry..................................... 7.0 None
Tomato......................................... \1\ 7.0 None
------------------------------------------------------------------------
* * * * *
Sec. Sec. 180.133 and 180.144 [Removed]
3. Sections 180.133 and 180.144 are removed.
4. Section 180.163 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. [emsp14]180.163 Dicofol; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
insecticide dicofol, 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 dicofol as the sum of its p,p-dicofol and o,p-dicofol
isomers: 4-chloro-[alpha]-(4-chlorophenyl)-[alpha]-
(trichloromethyl)benzenemethanol and 2-chloro-[alpha]-(4-chlorophenyl)-
[alpha]-(trichloromethyl)benzenemethanol, in or on the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Apple, wet pomace.............................. 38.0 10/31/16
Bean, dry, seed................................ 0.5 10/31/16
Bean, succulent................................ 3.0 10/31/16
Butternut...................................... 0.1 10/31/16
Caneberry subgroup 13A......................... 5.0 10/31/16
Chestnut....................................... 0.1 10/31/16
Citrus, dried pulp............................. 12.0 10/31/16
Citrus oil..................................... 200.0 10/31/16
Cotton, refined oil............................ 0.5 10/31/16
Cotton, undelinted seed........................ 0.1 10/31/16
Fruit, citrus, group 10........................ 6.0 10/31/16
Fruit, pome, group 11.......................... 10.0 10/31/16
Fruit, stone, group 12......................... 5.0 10/31/16
Grape.......................................... 5.0 10/31/16
Grape, raisin.................................. 20.0 10/31/16
Hazelnut....................................... 0.1 10/31/16
Hop, dried cones............................... 65.0 10/31/16
Nut, hickory................................... 0.1 10/31/16
Nut, macadamia................................. 0.1 10/31/16
Pecan.......................................... 0.1 10/31/16
Peppermint, oil................................ 30.0 10/31/16
Peppermint, tops............................... 25.0 10/31/16
Spearmint, oil................................. 30.0 10/31/16
Spearmint, tops................................ 25.0 10/31/16
Strawberry..................................... 10.0 10/31/16
Tea, dried..................................... 50.0 10/31/16
Tea, plucked leaves............................ 30.0 10/31/16
Vegetable, cucurbit, group 9................... 2.0 10/31/16
Vegetable, fruiting, group 8................... 2.0 10/31/16
Walnut......................................... 0.1 10/31/16
------------------------------------------------------------------------
(2) Tolerances are established for residues of the insecticide
dicofol, 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 p,p-dicofol, 4-chloro-[alpha]-(4-
chlorophenyl)-[alpha]-(trichloromethyl)benzenemethanol, its isomer o,p-
dicofol, 2-chloro-[alpha]-(4-chlorophenyl)-[alpha]-
(trichloromethyl)benzenemethanol, and its metabolites 4-chloro-[alpha]-
(4-chlorophenyl)-[alpha]-(dichloromethyl)benzenemethanol and 2-chloro-
[alpha]-(4-chlorophenyl)-[alpha]-(dichloromethyl)benzenemethanol,
calculated as the stoichiometric equivalent of p,p-dicofol, 4-chloro-
[alpha]-(4-chlorophenyl)-[alpha]-(trichloromethyl)benzenemethanol, in
or on the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cattle, fat.................................... 50.0 10/31/16
Cattle, liver.................................. 5.0 10/31/16
Cattle, meat................................... 3.0 10/31/16
Cattle, meat byproducts, except liver.......... 3.0 10/31/16
Egg............................................ 0.05 10/31/16
Goat, fat...................................... 50.0 10/31/16
Goat, liver.................................... 5.0 10/31/16
Goat, meat..................................... 3.0 10/31/16
Goat, meat byproducts, except liver............ 3.0 10/31/16
Hog, fat....................................... 50.0 10/31/16
Hog, liver..................................... 5.0 10/31/16
Hog, meat...................................... 3.0 10/31/16
Hog, meat byproducts, except liver............. 3.0 10/31/16
Horse, fat..................................... 50.0 10/31/16
Horse, liver................................... 5.0 10/31/16
Horse, meat.................................... 3.0 10/31/16
Horse, meat byproducts, except liver........... 3.0 10/31/16
Milk, fat (reflecting 0.75 ppm in whole milk).. 22.0 10/31/16
Poultry, fat................................... 0.1 10/31/16
Poultry, meat.................................. 0.1 10/31/16
Poultry, meat byproducts....................... 0.1 10/31/16
Sheep, fat..................................... 50.0 10/31/16
Sheep, liver................................... 5.0 10/31/16
Sheep, meat.................................... 3.0 10/31/16
Sheep, meat byproducts, except liver........... 3.0 10/31/16
------------------------------------------------------------------------
* * * * *
Sec. Sec. 180.173, 180.180, and 180.214 [Removed]
5. Sections 180.173, 180.180, and 180.214 are removed.
Sec. 180.215 [Amended]
6. Section 180.215 is amended by removing the entry for ``lettuce''
from the table in paragraph (a)(1).
Sec. 180.221 [Removed]
7. Section 180.221 is removed.
8. Section 180.232 is amended by revising the table in paragraph
(a) to read as follows:
Sec. [emsp14]180.232 Butylate; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Corn, field, forage............................ 0.1 3/23/13
Corn, field, grain............................. 0.1 3/23/13
Corn, field, stover............................ 0.1 3/23/13
Corn, pop, grain............................... 0.1 3/23/13
Corn, pop, stover.............................. 0.1 3/23/13
[[Page 27172]]
Corn, sweet, forage............................ 0.1 3/23/13
Corn, sweet, kernel plus cob with husks removed 0.1 3/23/13
------------------------------------------------------------------------
* * * * *
Sec. 180.235 [Amended]
9. Section 180.235 is amended by removing the entry for ``tomato,
postharvest (residues expressed as naled)'' from the table in paragraph
(a)(1).
Sec. 180.239 [Removed]
10. Section 180.239 is removed.
11. Section 180.253 is amended by revising paragraphs (a) and (c)
to read as follows:
Sec. 180.253 Methomyl; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide methomyl, 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 methomyl, methyl N-
[[(methylamino)carbonyl]oxy]ethanimidothioate, in or on the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Alfalfa, forage............................... 10 None
Alfalfa, hay.................................. 10 None
Apple......................................... 1 None
Asparagus..................................... 2 None
Avocado....................................... 2 None
Barley, grain................................. 1 None
Barley, hay................................... 10 None
Barley, straw................................. 10 None
Bean, dry, seed............................... 0.1 None
Bean, forage.................................. 10 None
Bean, succulent............................... 2 None
Beet, garden, tops............................ 6 None
Bermudagrass, forage.......................... 10 None
Bermudagrass, hay............................. 40 None
Blueberry..................................... 6 None
Broccoli...................................... 3 None
Brussels sprouts.............................. 2 None
Cabbage....................................... 5 None
Cabbage, Chinese, bok choy.................... 5 None
Cabbage, Chinese, napa........................ 5 None
Cauliflower................................... 2 None
Celery........................................ 3 None
Collards...................................... 6 None
Corn, field, forage........................... 10 None
Corn, field, grain............................ 0.1 None
Corn, field, stover........................... 10 None
Corn, pop, grain.............................. 0.1 None
Corn, pop, stover............................. 10 None
Corn, sweet, forage........................... 10 None
Corn, sweet, kernel plus cob with husks 0.1 None
removed......................................
Corn, sweet, stover........................... 10 None
Cotton, undelinted seed....................... 0.1 None
Dandelion, leaves............................. 6 None
Endive........................................ 5 None
Grape......................................... 5 6/8/13
Grapefruit.................................... 2 None
Hop, dried cones \1\.......................... 12 None
Kale.......................................... 6 None
Lemon......................................... 2 None
Lentil, seed.................................. 0.1 None
Lettuce....................................... 5 None
Mustard greens................................ 6 None
Nectarine..................................... 5 None
Oat, forage................................... 10 None
Oat, grain.................................... 1 None
Oat, hay...................................... 10 None
Oat, straw.................................... 10 None
Onion, green.................................. 3 None
Orange........................................ 2 None
Parsley, leaves............................... 6 None
Pea........................................... 5 None
Pea, field, vines............................. 10 None
Peach......................................... 5 None
Peanut........................................ 0.1 None
Pecan......................................... 0.1 None
Pepper, bell.................................. 2 None
Pepper, nonbell............................... 2 None
Peppermint, tops.............................. 2 None
Pomegranate................................... 0.2 None
Rye, forage................................... 10 None
Rye, grain.................................... 1 None
Rye, straw.................................... 10 None
Sorghum, grain, forage........................ 1 None
Sorghum, grain, grain......................... 0.2 None
Soybean, forage............................... 10 None
Soybean, seed................................. 0.2 None
Spearmint, tops............................... 2 None
Spinach....................................... 6 None
Swiss chard................................... 6 None
Tangerine..................................... 2 None
Tomato........................................ 1 None
Turnip, greens................................ 6 None
Vegetable, brassica, leafy, group 5........... 6.0 None
Vegetable, cucurbit, group 9.................. 0.2 None
Vegetable, fruiting, group 8.................. 0.2 None
Vegetables, leafy \1\......................... 0.2 None
Vegetable, root and tuber, group 1............ 0.2 None
Wheat, forage................................. 10 None
Wheat, grain.................................. 1 None
Wheat, hay.................................... 10 None
Wheat, straw.................................. 10 None
------------------------------------------------------------------------
\1\ [exc. Beet (tops), broccoli, Brussels sprouts, cabbage, cabbage,
Chinese, cauliflower, celery, collards, dandelions, endive (escarole),
kale, lettuce, mustard greens, parsley, spinach, Swiss chard, turnip,
greens (tops), and watercress].
\2\ There are no U.S. registrations for use of methomyl on hop, dried
cone, as of February 14, 1990.
* * * * *
(c) Tolerances with regional registrations. A tolerance with
regional registration, as defined in Sec. 180.1(l), is established for
residues of the insecticide methomyl, 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 methomyl, methyl N-
[[(methylamino)carbonyl]oxy]eth animidothioate, in or on the commodity.
* * * * *
12. Section 180.289 is amended by revising paragraph (a) to read as
follows:
Sec. [emsp14]180.289 Methanearsonic acid; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide methanearsonic 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 methanearsonic acid, from application
of the disodium and monosodium salts of methanearsonic acid, calculated
as the stoichiometric equivalent of As2O3, in or
on the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cotton, undelinted seed....................... 0.7 None
Cotton, hulls................................. 0.9 None
Fruit, citrus................................. 0.35 12/31/12
------------------------------------------------------------------------
* * * * *
[[Page 27173]]
13. Section 180.319 is revised to read as follows:
Sec. [emsp14]180.319 Interim tolerances.
(a) General. While petitions for tolerances for negligible residues
are pending and until action is completed on these petitions, interim
tolerances are established for residues of the listed pesticide
chemicals in or on the following raw agricultural commodities:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Expiration/
Substances Uses Tolerance in parts per Raw agricultural commodity revocation
million date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coordination product of zinc ion and maneb...... Fungicide................... 1.0 (Calculated as zinc Potato...................... None
ethylene-bisdithio-
carbamate).
Endothall (7-oxabicyclo-(2,2,1)heptane 2,3- Herbicide................... 0.2......................... Beet, sugar................. None
dicarboxylic acid.
Methyl parathion................................ Herbicide................... 0.5......................... Rye......................... 12/31/13
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
14. Section 180.368 is amended by alphabetically adding the
following commodities to the table in paragraph (a)(1) to read as
follows:
Sec. [emsp14]180.368 Metolachlor; tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Corn, pop, grain............................................ 0.10
Corn, pop, stover........................................... 6.0
* * * * *
------------------------------------------------------------------------
* * * * *
15. Section 180.422 is amended by revising paragraph (a) to read as
follows:
Sec. [emsp14]180.422 Tralomethrin; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
insecticide tralomethrin, 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 tralomethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3S)-2,2-dimethyl-3-(1,2,2,2-
tetrabromoethyl)cyclopropanecarboxylate, and its metabolites (S)-
cyano(3-phenoxyphenyl)methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-cyano(3-phenoxyphenyl)methyl
(1S,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropanecarboxylate,
calculated as the stoichiometric equivalent of tralomethrin, in or on
the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Broccoli..................................... 0.5 7/9/13
Cotton, undelinted seed...................... 0.02 7/9/13
Cotton, oil.................................. 0.20 7/9/13
Lettuce, head................................ 1.00 7/9/13
Lettuce, leaf................................ 3.00 7/9/13
Soybean, seed................................ 0.05 7/9/13
Sunflower, seed.............................. 0.05 7/9/13
------------------------------------------------------------------------
(2) A tolerance of 0.02 part per million with an expiration/
revocation date of July 9, 2013 is established for residues of the
insecticide tralomethrin, including its metabolites and degradates, in
or on food commodities (other than those covered by a higher tolerance
as a result of use on growing crops) in food-handling establishments.
Compliance with the tolerance level specified in this paragraph is to
be determined by measuring only the sum of tralomethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3S)-2,2-dimethyl-3-(1,2,2,2-tetrabromoethyl)
cyclopropanecarboxylate, and its metabolites (S)-cyano(3-phenoxyphenyl)
methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-cyano(3-phenoxyphenyl)methyl
(1S,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropanecarboxylate,
calculated as the stoichiometric equivalent of tralomethrin, in or on
the commodity.
(i) The insecticide may be present as a residue from application of
tralomethrin in food-handling establishments, including food service,
manufacturing, and processing establishments, such as restaurants,
cafeterias, supermarkets, bakeries, breweries, dairies, meat
slaughtering and packing plants, and canneries.
(ii) The application shall be made in accordance with the following
prescribed conditions: Application shall be limited to a general
surface and spot and/or crack and crevice treatment in food-handling
establishments where food and food products are held, processed,
prepared, and served. General surface application may be used only when
the facility is not in operation provided exposed food has been covered
or removed from the area being treated. All food-contact surfaces and
equipment must be thoroughly cleaned after general surface
applications. Spot and/or crack and crevice application may be used
while the facility is in operation provided exposed food 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. Contamination of food and food-contact surfaces shall be
avoided.
(3) A tolerance of 0.02 part per million with an expiration/
revocation date of July 9, 2013 is established for residues of the
insecticide tralomethrin, including its metabolites and degradates, in
or on feed commodities (other than those covered by a higher tolerance
as a result of use on growing crops) in feed-handling establishments.
Compliance with the tolerance level specified in this paragraph is to
be determined by measuring only the sum of tralomethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3S)-2,2-dimethyl-3-(1,2,2,2-tetrabromoethyl)
cyclopropanecarboxylate, and its metabolites (S)-cyano(3-
phenoxyphenyl)methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-cyano(3-phenoxyphenyl)methyl
(1S,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropanecarboxylate,
calculated as the stoichiometric equivalent of tralomethrin, in or on
the commodity.
(i) The insecticide may be present as a residue from application of
tralomethrin in feed-handling establishments, including feed
[[Page 27174]]
manufacturing and processing establishments.
(ii) The application shall be made in accordance with the following
prescribed conditions: Application shall be limited to a general
surface and spot and/or crack and crevice treatment in feed-handling
establishments where feed and feed products are held or processed.
General surface application may be used only when the facility is not
in operation provided exposed feed has been covered or removed from the
area being treated. All feed-contact surfaces and equipment must be
thoroughly cleaned after general surface applications. Spot and/or
crack and crevice application may be used while the facility is in
operation provided exposed 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. Contamination
of feed and feed-contact surfaces shall be avoided.
* * * * *
Sec. 180.452 [Amended]
16. Section 180.452 is amended by removing the entries for ``corn,
sweet, forage'' and ``corn, sweet, stover'' from the table in paragraph
(a).
Sec. 180.458 [Amended]
17. Section 180.458 is amended by removing the entry for ``soybean,
soapstock'' from the table in paragraph (a).
Sec. Sec. 180.536 and 180.550 [Removed]
18. Sections 180.536 and 180.550 are removed.
19. Section 180.905 is revised to read as follows:
Sec. [emsp14]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) Sabadilla.
(b) When applied to growing crops, in accordance with good
agricultural practice, the pesticides rotenone or derris or cube roots
are exempt from the requirement of a tolerance until their tolerance
exemptions expire on August 11, 2012.
(c) These pesticides are not exempted from the requirement of a
tolerance when applied to a crop at the time of or after harvest.
Sec. 180.1035 [Removed]
20. Section 180.1035 is removed.
[FR Doc. 2012-11063 Filed 5-8-12; 8:45 am]
BILLING CODE 6560-50-P