2,4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate, Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos, Tetrachlorvinphos, and Triallate; Tolerance Actions, 53732-53742 [E8-21736]

Download as PDF 53732 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations * * * * * [FR Doc. E8–21589 Filed 9–16–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2007–0674; FRL–8375–2] 2,4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate, Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos, Tetrachlorvinphos, and Triallate; Tolerance Actions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is revoking certain tolerances for the herbicides metolachlor and sethoxydim and the insecticides chlorpyrifos, dimethoate, fenamiphos, terbufos, and tetrachlorvinphos. Also, EPA is modifying certain tolerances for the herbicides 2,4-D, DCPA, desmedipham, metolachlor, sethoxydim, and triallate and the insecticides chlorpyrifos, dimethoate, fenamiphos, phorate, and tetrachlorvinphos. In addition, EPA is establishing new tolerances for the herbicides bensulide, metolachlor, and sethoxydim and the insecticide chlorpyrifos. The regulatory actions finalized in this document are in followup to the Agency’s reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q). This regulation is effective September 17, 2008. Objections and requests for hearings must be received on or before November 17, 2008, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2007–0674. 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., Confidential Business Information (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 mstockstill on PROD1PC66 with RULES DATES: VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 available only in hard copy form. Publicly available docket materials are available 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 Docket Facility is open 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: Jane Smith, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 308– 0048; e-mail address: smith.janescott@epa.gov@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. 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. How Can I Access Electronic Copies of this Document? In addition to accessing electronically available documents at http:// www.regulations.gov, you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at http://www.epa.gov/fedrgstr. You may also access a frequently updated electronic version of 40 CFR part 180 through the Government Printing PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Office’s e-CFR site at http:// www.gpoaccess.gov/ecfr. C. Can I File an Objection or Hearing Request? Under section 408(g) of FFDCA, 21 U.S.C. 436a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2007–0674 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before November 17, 2008. In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA–HQ–OPP–2007–0674, 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. II. Background A. What Action is the Agency Taking? In the Federal Register of February 6, 2008 (73 FR 6867) (FRL–8345–2), August 8, 2007 (72 FR 44439) (FRL– 8138–8), and May 23, 2007 (72 FR 28912) (FRL–8130–8), EPA issued proposals to revoke, modify, and establish specific tolerances for residues E:\FR\FM\17SER1.SGM 17SER1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations of the herbicides 2,4-D, bensulide, DCPA, desmedipham, metolachlor, sethoxydim, and triallate and the insecticides chlorpyrifos, fenamiphos, phorate, dimethoate, terbufos, and tetrachlorvinphos. Also, the proposals of February 6, 2008, August 8, 2007, and May 23, 2007, provided a 60–day comment period which invited public comment for consideration and for support of tolerance retention under FFDCA standards. In this final rule, EPA is revoking, modifying, and establishing specific tolerances for residues of 2,4-D, bensulide, chlorpyrifos, DCPA, desmedipham, dimethoate, fenamiphos, metolachlor, phorate, sethoxydim, terbufos, tetrachlorvinphos, and triallate in or on commodities listed in the regulatory text of this document. EPA is finalizing these tolerance actions in order to implement the tolerance recommendations made during the reregistration and tolerance reassessment processes (including follow-up on canceled or additional uses of pesticides). As part of these processes, EPA is required to determine whether each of the amended tolerances meets the safety standard of FFDCA. The safety finding determination of ‘‘reasonable certainty of no harm’’ is discussed in detail in each Reregistration Eligibility Decision (RED) and Report on Food Quality Protection Act (FQPA) Tolerance Reassessment Progress and Interim Risk Management Decision (TRED) for the active ingredient. REDs and TREDs recommend the implementation of certain tolerance actions, including modifications, to reflect current use patterns, to meet safety findings and change commodity names and groupings in accordance with new EPA policy. Printed copies of many REDs and TREDs may be obtained from EPA’s National Service Center for Environmental Publications (EPA/ NSCEP), P.O. Box 42419, Cincinnati, OH 45242–2419; telephone number: 1– 800–490–9198; fax number: 1–513–489– 8695; Internet at http://www.epa.gov/ ncepihom and from the National Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; telephone number: 1–800–553– 6847 or (703) 605–6000; Internet at http://www.ntis.gov. Electronic copies of REDs and TREDs are available on the Internet at http://www.regulations.gov and http:// www.epa.gov/pesticides/ reregistration/status.htm. In this final rule, EPA is revoking certain tolerances and/or tolerance exemptions because either they are no longer needed or are associated with food uses that are no longer registered VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 under FIFRA in the United States. Those instances where registrations were canceled were because the registrant failed to pay the required maintenance fee and/or the registrant voluntarily requested cancellation of one or more registered uses of the pesticide active ingredient. The tolerances revoked by this final rule are no longer necessary to cover residues of the relevant pesticides in or on domestically treated commodities or commodities treated outside but imported into the United States. It is EPA’s general practice to issue a final rule revoking those tolerances and tolerance exemptions for residues of pesticide active ingredients on crop uses for which there are no active registrations under FIFRA, unless any person in comments on the proposal indicates a need for the tolerance or tolerance exemption to cover residues in or on imported commodities or legally treated domestic commodities. 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. Generally, EPA will proceed with the revocation of these tolerances on the grounds discussed in Unit II.A., if one of the following conditions applies: • Prior to EPA’s issuance of a FFDCA section 408(f) order requesting additional data or issuance of a FFDCA section 408(d) or (e) order revoking the tolerances on other grounds, commenters retract the comment identifying a need for the tolerance to be retained. • EPA independently verifies that the tolerance is no longer needed. • The tolerance is not supported by data that demonstrate that the tolerance meets the requirements under FQPA. In response to the proposals published in the Federal Register of February 6, 2008, and August 8, 2007, EPA received comments during the 60– day public comment period, as follows: 1. Comment by Juan Antonio Castelo de la Rosa, Mexican grower, packers and exporters of tomatoes and other vegetables; Juan Antonio Lopez Barajas, Baja Produce, LLC; Ronald Bown F., ´ Asociacion de Exportadores de Chile A.G. (ASOEX); Hector CelisAguirre, Koor Intercomercial, SA; Celso G. Goseco, Ph.D.; Del Monte Fresh Produce Company: Dr. J. Angel Saavedra, Dow AgroSciences Mexico; Yasuyo Tadokoro, Lepon Holzworth & Kato PLLC. (EPA–HQ–OPP–2007–0445–0010– 0012). In summary, their comments object to either the revocation of the tomato tolerance and/or the reduction of PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 53733 the apple and grape tolerances associated with chlorpyrifos. They have expressed concern about the economic impacts on exports to the United States for growers, exporters, and others. Chlorpyrifos is considered a primary economical tool for managing pests associated with tomato, apple, and grape production. Agency response. The EPA has proposed revoking the tolerance on tomatoes, and reducing the tolerances on apples and grapes based on use patterns resulting in lower residues due to the dietary risk posed to children. In June of 2000 a mitigation strategy was developed between the EPA and registrants of the technical and manufacturing use products at the time, who agreed to mitigate, and in some cases, eliminate uses resulting in reduced exposures and risks from chlorpyrifos. Based on use patterns before the June 2000 mitigation agreement, the acute dietary risk from residues of chlorpyrifos in/on food exceeded 100% for the most highly exposed subpopulation, children 1–6 years old, where greater than 100% constitutes dietary risk. The commodities that contributed the most to that risk estimate are apples (residues resulting from post-bloom uses), grapes (residues primarily on imported crops), and fresh tomatoes (residues primarily on imported crops). The mitigation measures in the June 2000 mitigation agreement addressed these dietary risks by i. Canceling use on tomatoes and revoking the associated tolerance. ii. Restricting use on apples to prebloom (dormant) applications and reducing the tolerance to 0.01 part per million (ppm) to reflect this new use pattern. iii. Reducing the tolerance on grapes to 0.01 ppm to reflect the domestic dormant use pattern. With these mitigation measures in place, the acute dietary risk from food is below 100% for all population subgroups, including the most sensitive population subgroup, children 1–6 years old meeting the safety standard in accordance with FFDCA. Therefore, the Agency is going forward with the revocation of the tolerance on tomatoes and the reduction of the tolerance levels for apples and grapes. 2. Comment by Syngenta. (EPA–HQ– 2007–0445–0013). i. Revocation of tolerance in stone fruit - use of Smetolachlor in stone fruit is an important tool for Canadian fruit producers; and therefore, it would be beneficial to maintain United States tolerances to avoid any trade irritant issues for these crops being exported E:\FR\FM\17SER1.SGM 17SER1 mstockstill on PROD1PC66 with RULES 53734 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations from Canada to the United States. Canada currently has a tolerance of 0.1 ppm for S-metolachlor in apples, apricots, cherries, peaches/nectarines, pears and plums. ii. Increase in tolerance for Crop Group 6A from 0.3 ppm to 0.5 ppm Canada currently has a tolerance of 0.3 ppm for S-metolachlor in peas and snap beans. An increase in the United States tolerance could result in a trade irritant for these crops exported from the United States to Canada. iii. Decrease in tolerance for Crop Group 6C from 0.3 ppm to 0.1 ppm Canada currently has a tolerance of 0.3 ppm for S-metolachlor in dry beans. A decrease in the United States tolerance could result in a trade irritant for these crops exported from Canada to the United States. iv. Increase in tolerance for egg and meat from 0.02 pm to 0.04 ppm Canada currently has a tolerance of 0.02 ppm for S-metolachlor in eggs, meat of cattle, goats, hogs, poultry and sheep. An increase in the United States tolerance could result in a trade irritant for these animal products exported from the United States to Canada. v. Increase tolerance in animal liver from 0.05 ppm to 0.1 ppm - Canada currently has a tolerance of 0.05 ppm for S-metolachlor in liver of cattle and poultry. An increase in the United States tolerance could result in a trade irritant for these animal products exported from the United States to Canada. Agency response. The fruit, stone group 12 tolerance is being revoked in 40 CFR 180.368(a)(1) for metolachlor. There is currently no tolerance for Smetolachlor in/on fruit, stone group 12 to be retained. Although the Agency agrees with the harmonization of tolerances for both metolachlor and Smetolachlor to prevent trade irritant issues as discussed in Syngenta’s comments 2-5, and it appears the residue data may support harmonization of these tolerances, any modification to these tolerances needs to be formally proposed, which the Agency intends to do in a future action. 3. Comment by private citizen (EPA– HQ–OPP–2007–0445–0014). Tolerances should be established for residues of metolachlor on okra and dill as a consequence of the seed and pod vegetable crop group revisions. Agency Response. The Agency agrees that okra and dill tolerances should be established. Tolerances were proposed for residues of metolachlor in/on okra and dill at 0.5 ppm in the Federal Register May 21, 2008 (73 FR 29456) (FRL–8362–1). VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 4. Comment by private citizen (EPA– HQ–OPP–2007–0674–0016 and –0016.1). A private citizen requested that the Agency retain the fenamiphos tolerances on apple, cottonseed, and meat commodities citing information relative to risk as the basis for the comment. Agency response. The commenter did address EPA’s basis for revocation of the tolerances, i.e., the fact there are no longer active U.S. registrations, and therefore, no need for the tolerances. The expiration/revocation dates set for the tolerances are based on the cancellation of the last active product registration containing the active ingredient, fenamiphos. Therefore, the Agency is revoking the fenamiphos tolerances and is finalizing other tolerance actions including any revocations, modifications, establishments and nomenclature revisions in 40 CFR 180.349 as was proposed (including apple with a expiration/revocation date of December 31, 2009) on February 6, 2008 (73 FR 6867)(FRL–8345–2). 5. Comment by Private Citizen (EPA– HQ–OPP–2007–0674–0018). A comment was received from a private citizen who agreed with the Agency’s proposed revocation of tolerances for dimethoate residues of concern on apple; cabbage; collards; grape; lentil, seed; spinach; and revision of lettuce to leaf lettuce (due to cancellation of the last dimethoate registration for use on head lettuce); and establishment of a tolerance on wheat forage at 2.0 ppm. Agency response. The Agency appreciates the comment of support to implement the proposed dimethoate tolerance actions. A response on dimethoate tolerance actions is provided in more detail in the Agency’s response to another comment on dimethoate which follows. 6. Comment by National Resources Defense Council (NRDC) OPP–2007– 0674–0017 and –0017.1). A comment was received from the NRDC which states general agreement with a number of proposed tolerance revocations, but also notes a number of proposed increases to tolerances or establishment of tolerances (including ones on bensulide, desmedipham, fenamiphos, phorate, sethoxydim, and tetrachlorvinphos). In particular, NRDC expresses concerns previously made to EPA on 2,4-D (including aggregate and exposure risks, and FQPA safety factor; docket ID number EPA–HQ–OPP–2004– 0167) and on dimethoate (including benchmark dose (BMD) analysis and the special FQPA 10X safety factor; docket ID number EPA–HQ–OPP–2005–0084) which it again references here. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Agency response. In documents dated December 16, 2004, January 7, 2005, and July 12, 2005, the Agency responded to comments, concerning the human health risk assessment, submitted during Phase 3 and Phase 5 of the public participation process for 2,4-D. These documents are available in docket number EPA–HQ–OPP–2004–0167 (entries –0090, –0221, and 0242) at http://www.regulations.gov. The Agency responded to NRDC’s comments on 2,4D in these documents and no new information is provided in their current comment, therefore the Agency reiterates the previous responses given there. The Agency notes that the 2,4-D risk assessment states that the toxicological database is complete with the exception of a developmental neurotoxicity study, a repeat 2– generation reproduction study, and a 28–day inhalation toxicity study. The FQPA database uncertainty factor has been included in the 2,4-D risk assessment to address the uncertainties regarding developmental effects. The Agency issued a Data Call-In for 2,4-D in 2007 and expects to receive the inhalation toxicity data in early 2009 and developmental and reproduction toxicity data in early 2011 (see (page 1 of the Addendum to February 2, 2007 Memorandum: Response to Public Comments on the Dimethoate IRED in the revised IRED dated 8–2007 for details). Although additional data have been required to confirm the reregistration eligibility decision, the Agency bridged data and made conservative assumptions to conduct the risk assessment to make the reregistration eligibility decision until the confirmatory data are received. Should submitted data fail to confirm the reregistration eligibility decision, the decision will be amended as appropriate. However, the generic database supporting the reregistration of 2,4-D for eligible uses has been reviewed and determined to be substantially complete. In completing the risk assessment and reregistration eligibility decision for 2,4-D, the Agency has taken into account the complete toxicity profile for 2,4-D. Consequently, herein, the Agency is finalizing the tolerance actions on 2,4-D as described in the proposal of February 6, 2008 (73 FR 6867)(FRL–8345–2). The Agency has determined that these increased tolerances and new tolerances to be established are safe; i.e., there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. In a document dated January 31, 2006, the Agency responded to comments E:\FR\FM\17SER1.SGM 17SER1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations submitted during Phase 5b of the public participation process for dimethoate. That document is available in docket number EPA–HQ–OPP–2005–0084 (entry –0036). The Agency responded to NRDC’s comments on the Dimethoate Revised Risk Assessments and Risk Reduction Options on pages 20–26 of its response. Because no new information is provided in their current comment, the Agency reiterates the previous responses given there. As described, developmental and reproductive toxicity studies are available for dimethoate and omethoate. Prenatal developmental toxicity studies in rats and rabbits showed no indication of increased susceptibility of rat or rabbit fetuses to in utero exposure to dimethoate or omethoate. Similarly, there was no indication of increased susceptibility in the offspring as compared to parental animals in the reproduction studies. Acceptable developmental neurotoxicity and comparative cholinesterase (ChE) studies are available for dimethoate. BMD analysis of the ChE data from the comparative ChE study indicates that juvenile animals exhibit similar sensitivity to dimethoate from acute or multiple exposures. Furthermore, BMD analysis indicates that use of the BMD L10 (the estimated dose at which 10% ChE is observed at the lower 95% confidence interval) for brain ChE is protective for potential pup mortality; therefore, a special hazard-based FQPA factor is not needed. However, an uncertainty factor of 100 was applied to the doses selected for risk assessment to account for both interspecies extrapolation and intraspecies variability. The BMD analysis of the pup mortality data from the dimethoate DNT study was performed using EPA’s Benchmark Dose Software (BMDS). The BMDS, user’s manual, and technical guidance can be obtained at http:// www.epa.gov/ncea/bmds.htm. BMD analysis of brain ChE data was also performed by the Agency using the exponential dose-response model. The Agency’s development of the exponential model and the Agency’s use of the model for ChE inhibition have been well documented in previous SAP presentations since 2001, and are available on the EPA’s SAP website at http://www.epa.gov/scipoly/sap/ index.htm. Datasets upon which the dimethoate BMD values are based along with all model outputs were provided to the public at the time of the FIFRA SAP in 2004. These can be found in the appendices to the dimethoate issue paper on the EPA’s SAP website at http://www.epa.gov/scipoly/sap/2004/ VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 november/appendix9.pdf. Consequently, the Agency is finalizing the tolerance actions on dimethoate as described in the proposal of February 6, 2008. The Agency has determined that these increased tolerances and new tolerances to be established are safe; i.e., there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. Regarding proposed tolerance increases and establishments for bensulide, desmedipham, fenamiphos, phorate, sethoxydim, and tetrachlorvinphos, while the commenter expressed a general concern, no chemical specific comments were made. The Agency is finalizing the tolerance actions on dimethoate as described in the proposal of February 6, 2008. The Agency has determined that these increased tolerances and new tolerances to be established are safe; i.e., there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. Triallate. Based on the available field trial data that indicate triallate residues of concern as high as 0.42 ppm, the Agency determined that a tolerance should be established in/on wheat forage at 0.5 ppm. This action was inadvertently omitted in the Federal Register proposal published September 27, 2006. In the Federal Register published August 8, 2007, the Agency proposed the tolerance for wheat, forage at 0.5 ppm. In the Federal Register published January 29, 2008 (73 FR 5104)(FRL–8348–8), the Agency finalized wheat, forage at 0.05 ppm rather than 0.5 ppm incorrectly. Therefore, EPA is establishing and correcting the tolerance in 40 CFR 180.314(c) for the combined triallate residues of concern in/on wheat, forage at 0.5 ppm. Sethoxydim. In the Federal Register published February 6, 2008 (73 FR 6867)(FRL–8345–2), the EPA proposed revising commodity terminology in 40 CFR 180.412(a) for sethoxydim residues of concern in/on corn, fodder to corn, field, fodder at 2.5 ppm; corn, forage to corn, field, stover at 2.0 ppm in error. The corrected revision should read in 40 CFR 180.412(a) for sethoxydim residues of concern in/on corn, fodder to corn, field, stover at 2.5 ppm and corn, forage to corn, field, forage at 2.0 ppm. Metolachlor. In the Federal Register published August 8, 2007, the Agency recommended the terminology in 40 CFR 180.368(a)(2) be revised from vegetable, fruiting, group 8, except tabasco pepper at 0.1 ppm to vegetable fruiting, group 8, except nonbell pepper at 0.1 ppm and in 40 CFR 180.368(c)(2) PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 53735 be revised from pepper, tabasco at 0.5 ppm to pepper, nonbell at 0.5 ppm. The residue data for the variety, tabasco pepper, require a tolerance of 0.5 ppm and the other nonbell peppers residue levels are lower such that a tolerance of 0.1 ppm is more appropriate. Therefore, the Agency has determined to retain the current terminology in 40 CFR 180.368(a)(2) (as proposed) and (c)(2) for vegetable, fruiting, except tabasco pepper, group 8 and pepper, tabasco, respectively. Bensulide. The chemical name for the bensulide oxygen analog that currently contains a typographical error in 40 CFR 180.241 is being corrected to S-(O,Odiisopropyl phosphorothioate) ester of N-(2-mercaptoethyl) benzenesulfonamide. B. What is the Agency’s Authority for Taking this Action? EPA may issue a regulation establishing, modifying, or revoking a tolerance under FFDCA section 408(e). In this final rule, EPA is establishing, modifying, and revoking tolerances to implement the tolerance recommendations made during the reregistration and tolerance reassessment processes, and as followup on canceled uses of pesticides. As part of these processes, EPA is required to determine whether each of the amended tolerances meets the safety standards under FFDCA. The safety finding determination is found in detail in each post-FQPA RED and TRED for the active ingredient. REDs and TREDs recommend the implementation of certain tolerance actions, including modifications to reflect current use patterns, to meet safety findings, and change commodity names and groupings in accordance with new EPA policy. Printed and electronic copies of the REDs and TREDs are available as provided in Unit II.A. EPA has issued post-FQPA REDs for 2,4-D, bensulide, DCPA, desmedipham, dimethoate, fenamiphos, phorate, sethoxydim, terbufos, tetrachlorvinphos, and triallate, and TREDs for chlorpyrifos and metolachlor, whose REDs were completed prior to FQPA. Also, EPA issued a RED prior to FQPA for tetrachlorvinphos and made a safety finding which reassessed its tolerances according to FFDCA standard, maintaining them when new tolerances were established as noted in Unit II.A. REDs and TREDs contain the Agency’s evaluation of the database for these pesticides, including statements regarding additional data on the active ingredients that may be needed to confirm the potential human health and environmental risk assessments E:\FR\FM\17SER1.SGM 17SER1 53736 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations mstockstill on PROD1PC66 with RULES associated with current product uses, and REDs state conditions under which these uses and products will be eligible for reregistration. The REDs and TREDs recommended the establishment, modification, and/or revocation of specific tolerances. RED and TRED recommendations such as establishing or modifying tolerances, and in some cases revoking tolerances, are the result of assessment under the FFDCA standard of ‘‘reasonable certainty of no harm.’’ However, tolerance revocations recommended in REDs and TREDs that are made final in this document do not need such assessment when the tolerances are no longer necessary. EPA’s general practice is to revoke 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. When EPA establishes tolerances for pesticide residues in or on raw agricultural commodities, the Agency gives consideration to possible pesticide residues in meat, milk, poultry, and/or eggs produced by animals that are fed agricultural products (for example, grain or hay) containing pesticides residues (40 CFR 180.6). If there is no reasonable expectation of finite pesticide residues in or on meat, milk, poultry, or eggs, then tolerances do not need to be established for these commodities (40 CFR 180.6(b) and 180.6(c)). C. When Do These Actions Become Effective? These actions become effective on the date of publication of this final rule in the Federal Register with the exception of certain fenamiphos and tetrachlorvinphos tolerances. The tolerances revoked in the rule (with exception) are associated with uses that have been canceled for several years. The Agency believes that treated commodities have had sufficient time VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 for passage through the channels of trade. EPA is revoking fenamiphos tolerances for 17 commodities as of December 31, 2009, and tetrachlorvinphos tolerances within 18 months from the date of final tolerance publication for cattle, hog, and poultry commodities. The Agency believes that these expiration/revocation dates allow users to exhaust any existing stocks and allows sufficient time for the passage of treated commodities through the channels of trade. Any commodities listed in the regulatory text of this document that are treated with the pesticides subject to this final rule, and that are 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. 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 that the pesticide was applied to such food. III. Are There Any International Trade Issues Raised by this Final Action? 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, as required by section 408(b)(4) of FFDCA. The Codex Alimentarius is a joint United Nations 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 in a notice published for public comment. EPA’s effort to harmonize with Codex MRLs is summarized in the tolerance reassessment section of individual REDs and TREDs, and in the Residue Chemistry document which supports PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 the RED and TRED, as mentioned in the proposed rule cited in Unit II.A. Specific tolerance actions in this rule and how they compare to Codex MRLs (if any) is discussed in Unit II.A. IV. Statutory and Executive Order Reviews In this final rule, EPA establishes tolerances under FFDCA section 408(e), and also modifies and revokes specific tolerances established under FFDCA section 408. The Office of Management and Budget (OMB) has exempted these types of actions (i.e., establishment and modification of a tolerance and tolerance revocation for which extraordinary circumstances do not exist) from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). Nor does it require any special considerations as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review or any other Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–13, 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 E:\FR\FM\17SER1.SGM 17SER1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 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 rule, the Agency hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities. Furthermore, for the pesticides named in this final rule, the Agency knows of no extraordinary circumstances that exist as to the present revocations that would change EPA’s previous analysis. 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 final 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 final 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 VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 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 final 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 final rule. Commodity * * * Strawberry ...................... * * * Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: September 8, 2008. Marty Monell, Acting Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is 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 180.142 is amended by revising the entries for ‘‘Grape,’’ ‘‘Fruit, pome, group 11,’’ ‘‘Fruit, stone, group 12,’’ and ‘‘Strawberry’’ in the table in paragraph (a) to read as follows: ■ § 180.142 (a) * 2, 4-D; tolerances for residues. * * Commodity Parts per million * * * Grape .............................. * * * Fruit, pome, group 11 ..... Fruit, stone, group 12 ..... PO 00000 Frm 00053 Fmt 4700 * * * * 0.05 Sfmt 4700 0.05 0.05 * * * * 0.05 * * * * 3. Section 180.185 is amended by removing the entry for ‘‘Vegetable, brassica, leafy, group 5’’ from the table in paragraph (d) and adding it alphabetically to the table in paragraph (a) to read as follows. ■ § 180.185 (a) * DCPA; tolerances for residues. * * Commodity List of Subjects in 40 CFR Part 180 Parts per million * V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 53737 * * * Vegetable, brassica, leafy, group 5 .............. * * * Parts per million * * * * 0.05 * * * * * 4. Section 180.204 is amended by revising the section heading, the table in paragraph (a), and paragraph (c) to read as follows: ■ § 180.204 Dimethoate; tolerances for residues. (a) * * * Commodity Alfalfa, forage ................. Alfalfa, hay ...................... Bean, dry, seed .............. Bean, lima ....................... Bean, snap, succulent .... Blueberry1 ....................... Broccoli ........................... Cattle, meat byproducts Cauliflower ...................... Celery ............................. Citrus, dried pulp ............ Corn, field, forage ........... Corn, field, grain ............. Corn, field, stover ........... Corn, pop, grain .............. Corn, pop, stover ............ Corn, sweet, forage ........ Cotton, undelinted seed Egg ................................. Endive ............................. Goat, meat byproducts ... Grapefruit ........................ Hog, meat byproducts .... Horse, meat byproducts Kale ................................. Lemon ............................. Lettuce, leaf .................... Melon .............................. Milk ................................. Mustard greens ............... Orange ............................ Pea ................................. Pear ................................ Pecan .............................. Pepper ............................ Potato ............................. Poultry, meat byproducts Safflower, seed ............... E:\FR\FM\17SER1.SGM 17SER1 Parts per million 2.0 2.0 2.0 2.0 2.0 1.0 2.0 0.02 2.0 2.0 5.0 1.0 0.1 1.0 0.1 1.0 1.0 0.1 0.02 2.0 0.02 2.0 0.02 0.02 2.0 2.0 2.0 1.0 0.002 2.0 2.0 2.0 2.0 0.1 2.0 0.2 0.02 0.1 53738 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations Commodity Parts per million Sheep, meat byproducts Sorghum, grain, forage ... Sorghum, grain, grain ..... Sorghum, grain, stover ... Soybean, forage ............. Soybean, hay .................. Soybean, seed ................ Swiss chard .................... Tangerine ........................ Tomato ............................ Turnip, roots ................... Turnip, tops ..................... Wheat, forage ................. Wheat, grain ................... Wheat, hay ..................... Wheat, straw ................... 0.02 0.1 0.1 0.1 2.0 2.0 0.05 2.0 2.0 2.0 0.2 2.0 2.0 0.04 2.0 2.0 1 There are U.S. registrations as of August 16, 1996. * * * * * (c) Tolerances with regional registrations. Tolerances with regional registration, as defined in §180.1(m), are established for total residues of dimethoate including its oxygen analog in or on the following food commodities: Commodity Parts per million Asparagus ....................... Brussels sprouts ............. Cherry, sweet ................. Cherry, tart ...................... 0.15 5.0 2.0 2.0 * * * * * 5. Section 180.206 is amended by revising paragraph (a) to read as follows: ■ § 180.206 Phorate; tolerances for residues. (a) General. Tolerances are established for the combined residues of the insecticide phorate (O,O-diethyl S (ethylthio) methyl]phosphorodithioate), phorate sulfoxide, phorate sulfone, phorate oxygen analog, phorate oxygen analog sulfoxide, and phorate oxygen analog sulfone in or on the following food commodities: Commodity Parts per million Bean, dry, seed .............. Bean, succulent .............. Beet, sugar, roots ........... Beet, sugar, tops ............ Coffee, green bean1 ....... Corn, field, forage ........... Corn, field, grain ............. Corn, sweet, forage ........ Corn, sweet, kernel plus cob with husks removed ......................... Cotton, undelinted seed Hop, dried cones ............ Peanut ............................ Potato ............................. Sorghum, grain, grain ..... Sorghum, grain, stover ... Soybean, seed ................ Sugarcane, cane ............ Wheat, forage ................. Wheat, grain ................... Wheat, hay ..................... Wheat, straw ................... 0.05 0.05 0.3 3.0 0.02 0.5 0.05 0.5 0.05 0.05 2.0 0.1 0.2 0.05 0.1 0.05 0.05 1.5 0.05 1.5 0.05 1 There are no U.S. registrations as of September 1, 1993 for the use of phorate on the growing crop, coffee. Onion, bulb ..................... Vegetable, brassica, leafy group 5 ............... Vegetable, cucurbits group 9 ........................ Vegetable, fruiting group 8 .................................. Vegetable, leafy except brassica group 4 ......... * * * * 8. Section 180.314 is amended by revising the entry for ‘‘Wheat, forage’’ in ■ VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 0.10 0.15 0.15 0.10 0.15 * * * * * (c) Tolerances with regional registrations. Tolerances with regional registration, as defined in § 180.1(m), are established for the residues of S(O,O-diisopropyl phosphorodithioate) of N-(2-mercaptoethyl) benzenesulfonamide including its oxygen analog S-(O,O-diisopropyl phosphorothioate) of N-(2mercaptoethyl) benzenesulfonamide in or on the following food commodities: Commodity Parts per million Carrot, roots .................... * * * * 0.10 * 7. Section 180.252 is amended by revising paragraph (a) to read as follows: * * * * 6. Section 180.241 is amended by revising the section heading and paragraphs (a) and (c) to read as follows: § 180.241 Bensulide; tolerances for residues. (a) General. Tolerances are established for the combined residues of the insecticide tetrachlorvinphos, (Z)-2chloro-1-(2,4,5- trichlorophenyl) vinyl dimethyl phosphate, and its metabolites, 1-(2,4,5-trichlorophenyl)ethanol (free and conjugated forms), 2,4,5- trichloroacetophenone, and 1(2,4,5-trichlorophenyl)-ethanediol in/on the following food commodities: * ■ (a) General. Tolerances are established for the residues of S-(O,Odiisopropyl phosphorodithioate) of N(2-mercaptoethyl) benzenesulfonamide including its oxygen analog S-(O,Odiisopropyl phosphorothioate) of N-(2mercaptoethyl) benzenesulfonamide in or on the following food commodities: § 180.252 Tetrachlorvinphos; tolerances for residues. Parts per million Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ..................... Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ............. Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ................. Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ................. Cattle, meat by products, except kidney and liver ........................................................ Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) ............................. Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ........................ Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ................ Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) .................... Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) .................... Hog, meat byproducts, except kidney and liver ............................................................ Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is tetrachlorvinphos per se) ............................................................................... Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) .................... Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ............... Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) ................ Poultry, meat byproducts, except liver .......................................................................... * Parts per million ■ Commodity mstockstill on PROD1PC66 with RULES Commodity the table in paragraph (c) to read as follows: PO 00000 0.2 1.0 0.5 2.0 1.0 0.2 0.2 1.0 0.5 2.0 1.0 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 0.05 7.0 2.0 3.0 2.0 3/17/10 3/17/10 3/17/10 3/17/10 3/17/10 § 180.314 Triallate; tolerance for residues. * * * * * * (c) Frm 00054 Fmt 4700 Sfmt 4700 Expiration/Revocation Date E:\FR\FM\17SER1.SGM * 17SER1 * Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations Commodity * * * Wheat, forage ................. * * * Parts per million * * 0.5 * * * * * * * ■ 9. Section 180.342 is amended by revising paragraph (a)(1); removing existing paragraph (a)(2); redesignating paragraph (a)(3) as paragraph (a)(2); redesignating paragraph (a)(4) as paragraph (a)(3); and by revising paragraph (c) to read as follows: § 180.342 Chlorpyrifos; tolerances for residues. (a) General. (1) Tolerances are established for residues of the pesticide chlorpyrifos per se (O,O-diethyl- O(3,5,6-trichloro-2-pyridyl) phosphorothioate) in or on the following food commodities: Commodity Parts per million Alfalfa, forage ................. Alfalfa, hay ...................... Almond ............................ Almond, hulls .................. Apple ............................... Apple, wet pomace ......... Banana ........................... Beet, sugar, dried pulp ... Beet, sugar, molasses .... Beet, sugar, roots ........... Beet, sugar, tops ............ Cattle, fat ........................ Cattle, meat .................... Cattle, meat byproducts Cherry, sweet ................. Cherry, tart ...................... Citrus, dried pulp ............ Citrus, oil ......................... Corn, field, forage ........... Corn, field, grain ............. Corn, field, refined oil ..... Corn, field, stover ........... Corn, sweet, forage ........ Corn, sweet, kernel plus cob with husk removed 3.0 13 0.2 12 0.01 0.02 0.1 5.0 15 1.0 8.0 0.3 0.05 0.05 1.0 1.0 5.0 20 8.0 0.05 0.25 8.0 8.0 0.05 Commodity Parts per million Corn, sweet, stover ........ Cotton, undelinted seed Cranberry ........................ Cucumber ....................... Egg ................................. Fig ................................... Fruit, citrus, group 10 ..... Goat, fat .......................... Goat, meat ...................... Goat, meat byproducts ... Hazelnut .......................... Hog, fat ........................... Hog, meat ....................... Hog, meat byproducts .... Horse, fat ........................ Horse, meat .................... Horse, meat byproducts Kiwifruit ........................... Lettuce ............................ Milk, fat (Reflecting 0.01 ppm in whole milk) ...... Nectarine ........................ Onion, bulb ..................... Peach .............................. Peanut ............................ Peanut, refined oil .......... Pear ................................ Pecan .............................. Pepper ............................ Peppermint, tops ............ Peppermint, oil ................ Plum, prune, fresh .......... Poultry, fat ...................... Poultry, meat .................. Poultry, meat byproducts Pumpkin .......................... Radish ............................. Rutabaga ........................ Sheep, fat ....................... Sheep, meat ................... Sheep, meat byproducts Spearmint, tops .............. Spearmint, oil .................. Sorghum, grain, forage ... Sorghum, grain, grain ..... Sorghum, grain, stover ... Soybean, seed ................ Strawberry ...................... Sunflower, seed .............. Sweet potato, roots ........ 8.0 0.2 1.0 0.05 0.01 0.01 1.0 0.2 0.05 0.05 0.2 0.2 0.05 0.05 0.25 0.25 0.25 2.0 1.0 0.5 0.05 0.2 0.2 0.05 0.2 1.0 0.8 8.0 0.05 0.1 0.1 0.1 0.05 2.0 0.5 0.2 0.05 0.05 0.8 8.0 0.5 0.5 2.0 0.3 0.2 0.1 0.05 mstockstill on PROD1PC66 with RULES Turnip, roots ................... Turnip, tops ..................... Vegetable, brassica, leafy, group 5 .............. Vegetable, legume, group 6. except soybean ............................ Walnut ............................. Wheat, forage ................. Wheat, grain ................... Wheat, straw ................... Commodity Jkt 214001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 1.0 0.05 0.2 3.0 0.5 6.0 Parts per million Asparagus ....................... Grape .............................. * * * * 5.0 0.01 * 10. Section 180.349 is amended by revising paragraph (a) and the table in paragraph (c) to read as follows: ■ § 180.349 Fenamiphos; tolerances for residues. (a) General. Tolerances are established for the combined residues of the nematocide fenaminphos, (ethyl 3methyl-4-(methylthio)phenyl (1methylethyl)phosphoramidate, and its cholinesterase inhibiting metabolites ethyl 3-methyl-4-(methylsulfinyl)phenyl (1-methylethyl)phosphoramidate and ethyl 3-methyl-4(methylsulfonyl)phenyl (1methylethyl)phosporamidate in or on the following food commodities: Expiration/Revocation Date 0.25 0.10 0.05 0.10 0.25 0.25 2.5 25.0 0.05 0.50 0.50 0.10 0.30 0.30 0.25 1.0 0.30 0.10 0.60 12/31/09 None 12/31/09 12/31/09 12/31/09 12/31/09 None None 12/31/09 None None None None 12/31/09 12/31/09 12/31/09 None 12/31/09 12/31/09 There are no U.S. registrations as of December 31, 2009. 16:59 Sep 16, 2008 1.0 0.3 * Parts per million Apple .............................................................................................................................. Banana1 ......................................................................................................................... Brussels sprouts ............................................................................................................ Cabbage ........................................................................................................................ Cherry, sweet ................................................................................................................. Cherry, tart ..................................................................................................................... Citrus, dried pulp ........................................................................................................... Citrus, oil ........................................................................................................................ Eggplant ......................................................................................................................... Fruit, citrus, group 101 ................................................................................................... Garlic1 ............................................................................................................................ Grape1 ........................................................................................................................... Grape, raisin .................................................................................................................. Okra ............................................................................................................................... Peach ............................................................................................................................. Peanut ............................................................................................................................ Pineapple1 ..................................................................................................................... Raspberry ...................................................................................................................... Strawberry ...................................................................................................................... VerDate Aug<31>2005 Parts per million * * * * (c) Tolerances with regional registrations. Tolerances with regional registration, as defined in 180.1(m), are established for residues of the pesticide chlorpyrifos per se (O,O-diethyl- O(3,5,6-trichloro-2-pyridyl) 0.25 phosphorothioate) in or on the 0.05 following food commodities: Commodity 1 Commodity 53739 E:\FR\FM\17SER1.SGM 17SER1 53740 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations * * * * * * (c) * * Commodity Parts per million Asparagus ...................................................................................................................... Beet, garden roots ......................................................................................................... Beet, garden, tops ......................................................................................................... Cabbage, Chinese, bok choy ........................................................................................ Kiwifruit .......................................................................................................................... Pepper, nonbell .............................................................................................................. * * * * * 11. Section 180.352 is revised to read as follows: ■ § 180.352 Terbufos; tolerances for residues. Commodity Parts per million Banana ........................... Beet, sugar, roots ........... Beet, sugar, tops ............ Coffee, green bean1 ....... Corn, field, forage ........... Corn, field, grain ............. Corn, field, stover ........... Corn, pop, grain .............. Corn, pop, stover ............ Corn, sweet, kernel plus cob with husks removed ......................... Corn, sweet, forage ........ Corn, sweet, stover ........ Sorghum, grain, forage ... Sorghum, grain, grain ..... Sorghum, grain, stover ... 0.025 0.05 0.1 0.05 0.5 0.5 0.5 0.5 0.5 0.05 0.5 0.5 0.5 0.05 0.5 1 mstockstill on PROD1PC66 with RULES There are no U. S. registrations as of August 2, 1995, for the use of terbufos on the growing crop, coffee. (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] ■ 12. Section 180.353 is amended by revising the entries for ‘‘Beet, sugar, roots’’ and ‘‘Beet, sugar, tops’’ in the table in paragraph (a), and removing and reserving paragraph (b) including the paragraph heading to read as follows: VerDate Aug<31>2005 16:59 Sep 16, 2008 * Jkt 214001 Parts per million * * * Beet, sugar, roots ........... Beet, sugar, tops ............ * * * * * 0.1 5.0 * * (b) Section 18 emergency exemptions. [Reserved] * * * * * 13. Section 180.368 is revised to read as follows: § 180.368 Metolachlor; tolerances for residues. (a) General. (1) Tolerances are established for the combined residues (free and bound) of the herbicide metolachlor, 2-chloro-N-(2- ethyl-6methylphenyl)-N-(2-methoxy-1methylethyl)acetamide, and its metabolites, determined as the derivatives, 2- [(2-ethyl-6methylphenyl)amino]-1-propanol and 4(2-ethyl-6-methylphenyl)-2- hydroxy-5methyl-3-morpholinone, each expressed as the parent compound in the following raw agricultural commodities: Commodity Parts per million Almond, hulls .................. Animal feed, nongrass, group 18 ...................... Cattle, fat ........................ Cattle, kidney .................. Cattle, liver ...................... Cattle, meat .................... Cattle, meat byproducts, except kidney and liver Corn, field, forage ........... Corn, field, grain ............. Corn, field, stover ........... Corn, sweet, forage ........ Corn, sweet, kernel plus cob with husks removed ......................... Corn, sweet, stover ........ Cotton, gin byproducts ... Cotton, undelinted seed Dill ................................... Egg ................................. Goat, fat .......................... Goat, kidney ................... Goat, liver ....................... Goat, meat ...................... PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 12/31/09 12/31/09 12/31/09 12/31/09 12/31/09 12/31/09 Commodity * Commodity (a) General. Tolerances are established for the combined residues of the insecticide terbufos (phosphorodithioic acid, S-(tbutylthio)methyl O,O-diethyl ester) and its phosphorylated (cholinesteraseinhibiting) metabolites (phosphorothioic acid, S-(t-butylthio)methyl O,O-diethyl ester; phosphorothioic acid, S-(tbutylsulfinyl)methyl O,O-diethyl ester; phosphorothioic acid, S-(tbutylsulfonyl)methyl O,O-diethyl ester; phosphorodithioic acid, S-(tbutylsulfinyl)methyl O,O-diethyl ester; and phosphorodithioic acid, S-(tbutylsulfonyl)methyl O,O-diethyl ester) in or on food commodities: 0.02 1.5 1.0 0.50 0.10 0.60 § 180.353 Desmedipham; tolerances for residues. (a) * Expiration/Revocation Date 0.30 1.0 0.04 0.20 0.10 0.04 0.04 6.0 0.10 6.0 6.0 0.10 6.0 4.0 0.10 0.50 0.04 0.04 0.20 0.10 0.04 Goat, meat byproducts, except kidney and liver Grass, forage .................. Grass, hay ...................... Horse, fat ........................ Horse, kidney .................. Horse, liver ..................... Horse, meat .................... Horse, meat byproducts, except kidney and liver Milk ................................. Nut, tree, group 14 ......... Okra ................................ Pea and bean, dried shelled, except soybean, subgroup 6C ..... Pea and bean, succulent shelled, subgroup 6B .. Peanut ............................ Peanut, hay .................... Peanut, meal .................. Potato ............................. Poultry, fat ...................... Poultry, meat .................. Poultry, meat byproducts Safflower, seed ............... Sheep, fat ....................... Sheep, kidney ................. Sheep, liver ..................... Sheep, meat ................... Sheep, meat byproducts, except kidney and liver Sorghum, grain, forage ... Sorghum, grain, grain ..... Sorghum, grain, stover ... Soybean, forage ............. Soybean, hay .................. Soybean, seed ................ Spinach ........................... Tomato ............................ Vegetable, foliage of legume, subgroup 7A, except soybean ............... Vegetable, legume, edible podded, subgroup 6A ................................ Parts per million 0.04 10 0.20 0.04 0.20 0.10 0.04 0.04 0.02 0.10 0.50 0.10 0.30 0.20 20 0.40 0.20 0.04 0.04 0.04 0.10 0.04 0.20 0.10 0.04 0.04 1.0 0.30 4.0 5.0 8.0 0.20 0.50 0.10 15.0 0.50 (2) Tolerances are established for the combined residues (free and bound) of the herbicide S-metolachlor S-2-chloroN-(2-ethyl-6-methylphenyl)-N-(2methoxy-1-methylethyl)acetamide, its R-enantiomer, and its metabolites, determined as the derivatives, 2-[2ethyl-6-methylphenyl)amino]-1propanol and 4-(2-ethyl-6methylphenyl)-2-hydroxy-5-methyl-3morpholinone, each expressed as the E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations parent compound, in or on the following raw agricultural commodities: mstockstill on PROD1PC66 with RULES Commodity Parts per million Asparagus ....................... Beet, sugar, molasses .... Beet, sugar, roots ........... Beet, sugar, tops ............ Brassica, head and stem, subgroup 5A ................ Cattle, fat ........................ Cattle, kidney .................. Cattle, liver ...................... Cattle, meat .................... Cattle, meat byproducts, except kidney and liver Corn, field, grain ............. Corn, field, forage ........... Corn, field, stover ........... Corn, pop, grain .............. Corn, pop, stover ............ Corn, sweet, forage ........ Corn, sweet, kernel plus cob with husks removed ......................... Corn, sweet, stover ........ Cotton, gin byproducts ... Cotton, undelinted seed Egg ................................. Garlic, bulb ..................... Goat, fat .......................... Goat, kidney ................... Goat, liver ....................... Goat, meat ...................... Goat, meat byproducts, except kidney and liver Grass, forage .................. Grass, hay ...................... Horse, fat ........................ Horse, kidney .................. Horse, liver ..................... Horse, meat .................... Horse, meat byproducts, except kidney and liver Milk ................................. Onion, bulb ..................... Onion, green ................... Peanut ............................ Pea and bean, dried shelled, except soybean, subgroup 6C ..... Peanut, hay .................... Peanut, meal .................. Poultry, fat ...................... Poultry, meat .................. Poultry, meat byproducts Pumpkin .......................... Safflower, seed ............... Shallot, bulb .................... Sheep, fat ....................... Sheep, kidney ................. Sheep, liver ..................... Sheep, meat ................... Sheep, meat byproducts, except kidney and liver Sorghum, grain, forage ... Sorghum, grain, grain ..... Sorghum, grain, stover ... Soybean, forage ............. Soybean, hay .................. Soybean, seed ................ Spinach ........................... Squash, winter ................ Sunflower, seed .............. Sunflower, meal .............. VerDate Aug<31>2005 16:59 Sep 16, 2008 0.10 2.0 0.5 15.0 0.60 0.04 0.20 0.05 0.02 0.04 0.10 6.0 6.0 0.10 6.0 6.0 0.10 6.0 4.0 0.10 0.02 0.10 0.04 0.20 0.05 0.02 0.04 10.0 0.20 0.04 0.20 0.05 0.02 0.04 0.02 0.10 2.0 0.20 0.10 20.0 0.40 0.04 0.02 0.04 0.10 0.10 0.10 0.04 0.20 0.05 0.02 Commodity Parts per million Tomato, paste ................. Vegetable, foliage of legume, except soybean, subgroup 7A ................ Vegetable, fruiting, except tabasco pepper, group 8 ........................ Vegetable, leaf petioles, subgroup 4B ................ Vegetable, legume, edible podded, subgroup 6A ................................ Vegetable, root, except sugar beet, subgroup 1B ................................ Vegetable, tuberous and corm, subgroup 1C ..... 0.30 15.0 0.10 0.50 0.30 0.20 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. (1) Tolerances with regional registration as defined in 180.1(m) are established for the combined residues (free and bound) of the herbicide metolachlor [2-chloro-N(2-ethyl-6-methylphenyl)-N-(2-methoxy1-methylethyl)acetamide] and its metabolites, determined as the derivatives, 2-[2-ethyl-6methylphenyl)amino]-1-propanol and 4(2-ethyl-6-methylphenyl)-2-hydroxy-5methyl-3-morpholinone, each expressed as the parent compound, in or on the following raw agricultural commodities: Commodity Parts per million Pepper, nonbell .............. 0.50 (2) Tolerances with regional registration as defined in 180.1(m) are established for the combined residues (free and bound) of the herbicide Smetolachlor, S-2-chloro-N-(2-ethyl-6methylphenyl)-N-(2- methoxy-1methylethyl)acetamide, its Renantiomer, and its metabolites, determined as the derivatives, 2-[(2ethyl-6-methylphenyl)amino]-1propanol and 4-(2-ethyl-6methylphenyl)-2-hydroxy-5-methyl-3morpholinone, each expressed as the parent compound, in or on the following raw agricultural commodities: Commodity Parts per million Pepper, tabasco ............. 0.04 1.0 0.3 4.0 5.0 8.0 0.20 0.50 0.10 0.50 1.0 Jkt 214001 0.50 (d) Indirect or inadvertent residues. (1) Tolerances are established for the indirect or inadvertent combined residues (free and bound) of the herbicide metolachlor, 2-chloro-N-(2ethyl-6- methylphenyl)-N-(2-methoxy-1methylethyl)acetamide, and its metabolites, determined as the derivatives, 2-[(2-ethyl-6- PO 00000 Frm 00057 Fmt 4700 methylphenyl)amino]-1-propanol and 4(2-ethyl-6-methylphenyl)-2- hydroxy-5methyl-3-morpholinone, each expressed as the parent compound in the following raw agricultural commodities: Commodity 0.10 Sfmt 4700 53741 Animal feed, nongrass, group 18 ...................... Barley, grain ................... Barley, straw ................... Buckwheat, grain ............ Millet, forage ................... Millet, grain ..................... Millet, straw ..................... Oat, forage ...................... Oat, grain ........................ Oat, straw ....................... Rice, grain ...................... Rice, straw ...................... Rye, forage ..................... Rye, grain ....................... Rye, straw ....................... Wheat, forage ................. Wheat, grain ................... Wheat, straw ................... Parts per million 1.0 0.10 0.50 0.10 0.50 0.10 0.50 0.50 0.10 0.50 0.10 0.50 0.50 0.10 0.50 0.50 0.10 0.50 (2) Tolerances are established for the indirect or inadvertent combined residues (free and bound) of the herbicide S-metolachlor, S-2- chloro-N(2-ethyl-6-methylphenyl)-N-(2-methoxy1-methylethyl)acetamide, its Renantiomer, and its metabolites determined as the derivatives, 2-[(2ethyl-6-methylphenyl)amino]-1propanol and 4-(2-ethyl-6methylphenyl)-2-hydroxy-5-methyl-3morpholinone, each expressed as the parent compound in or on the following food commodities: Commodity Animal feed, nongrass, group 18 ...................... Barley, grain ................... Barley, hay ...................... Barley, straw ................... Buckwheat, grain ............ Oat, forage ...................... Oat, grain ........................ Oat, hay .......................... Oat, straw ....................... Rice, grain ...................... Rice, straw ...................... Rye, forage ..................... Rye, grain ....................... Rye, straw ....................... Wheat, forage ................. Wheat, grain ................... Wheat, hay ..................... Wheat, straw ................... Parts per million 1.0 0.10 1.0 0.50 0.10 0.50 0.10 1.0 0.50 0.10 0.50 0.50 0.10 0.50 0.50 0.10 1.0 0.50 14. Section 180.412 is amended by revising in paragraph (c) the reference ‘‘ § 180.1(n)’’ to read ‘‘§ 180.1(m)’’, and in paragraph (a) by revising the table to read as follows: ■ E:\FR\FM\17SER1.SGM 17SER1 53742 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations § 180.412 Sethoxydim; tolerances for residues. (a) * * * mstockstill on PROD1PC66 with RULES Commodity Parts per million Alfalfa, forage ................. Alfalfa, hay ...................... Almond, hulls .................. Apricot ............................. Apple, wet pomace ......... Asparagus ....................... Bean, succulent .............. Beet, sugar, molasses .... Beet, sugar, tops ............ Blueberry ........................ Borage, meal .................. Borage, seed .................. Buckwheat, flour ............. Buckwheat, grain ............ Caneberry subgroup 13 A .................................. Canola, meal .................. Canola, seed .................. Cattle, fat ........................ Cattle, meat .................... Cattle, meat byproducts Cherry, sweet ................. Cherry, tart ...................... Citrus, dried pulp ............ Clover, forage ................. Clover, hay ..................... Coriander, leaves ........... Corn, field, forage ........... Corn, field, grain ............. Corn, field, stover ........... Corn, sweet, forage ........ Corn, sweet, kernel plus cob with husk removed Corn, sweet, stover ........ Cotton, undelinted seed Cowpea, forage .............. Cowpea, hay ................... Cranberry ........................ Dillweed, fresh leaves .... Egg ................................. Flax, seed ....................... Fruit, citrus, group 10 ..... Fruit, pome, group 11 ..... Goat, fat .......................... Goat, meat ...................... Goat, meat byproducts ... Grape .............................. Grape, raisin ................... Hog, fat ........................... Hog, meat ....................... Hog, meat byproducts .... Horse, fat ........................ Horse, meat .................... Horse, meat byproducts Juneberry ........................ Lingonberry ..................... Milk ................................. Nectarine ........................ Nut, tree, group 14 ......... Okra ................................ Pea and bean, dried shelled, except soybean, subgroup 6C ..... Pea, field, hay ................. Pea, field, vines .............. Pea, succulent ................ Peach .............................. Peanut ............................ Peppermint, tops ............ Pistachio ......................... VerDate Aug<31>2005 Commodity 16:59 Sep 16, 2008 40 40 2.0 0.2 0.8 4.0 15 10 3.0 4.0 10 6.0 25 19 5.0 40 35 0.2 0.2 1.0 0.2 0.2 1.5 35 55 4.0 2.0 0.5 2.5 3.0 Parts per million Potato granules/flakes .... Potato waste, processed Poultry, fat ...................... Poultry, meat .................. Poultry, meat byproducts Radish, tops .................... Rapeseed, meal ............. Rapeseed, seed ............. Safflower, seed ............... Salal ................................ Sheep, fat ....................... Sheep, meat ................... Sheep, meat byproducts Soybean, hay .................. Soybean, seed ................ Spearmint, tops .............. Strawberry ...................... Sunflower, meal .............. Sunflower, seed .............. Turnip, tops ..................... Vegetable, brassica, leafy, group 5 .............. Vegetable, bulb, group 3 Vegetable, cucurbit, group 9 ........................ Vegetable, fruiting, group 8 .................................. Vegetable, leafy, except brassica, group 4 ........ Vegetable, root and tuber, group 1 ............. * * * * 8.0 8.0 0.2 0.2 2.0 4.5 40 35 15 5.0 0.2 0.2 1.0 10 16 30 10 20 7.0 5.0 5.0 1.0 4.0 4.0 4.0 4.0 * [FR Doc. E8–21736 Filed 9–16–08; 8:45 am] BILLING CODE 6560–50–S 0.4 3.5 5.0 15 50 2.5 10 2.0 5.0 0.5 0.2 0.2 0.2 1.0 1.0 2.0 0.2 0.2 1.0 0.2 0.2 1.0 5.0 5.0 0.5 0.2 0.2 2.5 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [EPA–R09–UST–2007–1122; FRL–8716–3] Underground Storage Tank Program: Approved State Program for Hawaii Environmental Protection Agency (EPA). ACTION: Immediate final rule. AGENCY: SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended (RCRA), authorizes EPA to grant approval to States to operate their underground storage tank programs in lieu of the Federal program. This action codifies EPA’s decision to approve State programs and incorporates by reference those provisions of the State statutes and regulations that will be subject to EPA’s inspection and enforcement authorities in accordance with sections 9005 and 9006 of RCRA Subtitle I and 25 other applicable statutory and 40 regulatory provisions. This rule codifies 20 the prior approval of the State of 10 0.2 Hawaii’s underground storage tank 25 program and incorporates by reference 30 appropriate provisions of State statutes 0.2 and regulations. Jkt 214001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 This final rule is effective November 17, 2008, unless EPA publishes a prior Federal Register notice withdrawing this immediate final rule. All comments on the codification of Hawaii’s underground storage tank program must be received by the close of business October 17, 2008. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register, as of November 17, 2008, in accordance with 5 U.S.C. 552(a). ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– UST–2007–112, by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: amaro.laurie@epa.gov. • Fax: (415) 947–3530. • Mail: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne Street, (Mail Code: WST–8), San Francisco, CA 94105. • Hand Delivery: Laurie Amaro, Waste Management Division, U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Such deliveries are only accepted during EPA’s normal hours of operation and should be made to the EPA receptionist office on the first floor. Instructions: Direct your comments to Docket ID No. EPA–R09–UST–2007– 112. EPA’s policy is that all comments received will be included in the public 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 statue. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means WPA 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 http:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public 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 DATES: E:\FR\FM\17SER1.SGM 17SER1

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53732-53742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21736]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0674; FRL-8375-2]


2,4-D, Bensulide, Chlorpyrifos, DCPA, Desmedipham, Dimethoate, 
Fenamiphos, Metolachlor, Phorate, Sethoxydim, Terbufos, 
Tetrachlorvinphos, and Triallate; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the herbicides 
metolachlor and sethoxydim and the insecticides chlorpyrifos, 
dimethoate, fenamiphos, terbufos, and tetrachlorvinphos. Also, EPA is 
modifying certain tolerances for the herbicides 2,4-D, DCPA, 
desmedipham, metolachlor, sethoxydim, and triallate and the 
insecticides chlorpyrifos, dimethoate, fenamiphos, phorate, and 
tetrachlorvinphos. In addition, EPA is establishing new tolerances for 
the herbicides bensulide, metolachlor, and sethoxydim and the 
insecticide chlorpyrifos. The regulatory actions finalized in this 
document are in follow-up to the Agency's reregistration program under 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and 
tolerance reassessment program under the Federal Food, Drug, and 
Cosmetic Act (FFDCA), section 408(q).

DATES: This regulation is effective September 17, 2008. Objections and 
requests for hearings must be received on or before November 17, 2008, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0674. 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., Confidential Business Information (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 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 Docket 
Facility is open 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: Jane Smith, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail 
address: smith.jane-scott@epa.gov@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. 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. How Can I Access Electronic Copies of this Document?

    In addition to accessing electronically available documents at 
http://www.regulations.gov, you may access this Federal Register 
document electronically through the EPA Internet under the ``Federal 
Register'' listings at http://www.epa.gov/fedrgstr. You may also access 
a frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's e-CFR site at http://www.gpoaccess.gov/
ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 21 U.S.C. 436a, any person may file 
an objection to any aspect of this regulation and may also request a 
hearing on those objections. The EPA procedural regulations which 
govern the submission of objections and requests for hearings appear in 
40 CFR part 178. You must file your objection or request a hearing on 
this regulation in accordance with the instructions provided in 40 CFR 
part 178. To ensure proper receipt by EPA, you must identify docket ID 
number EPA-HQ-OPP-2007-0674 in the subject line on the first page of 
your submission. All requests must be in writing, and must be mailed or 
delivered to the Hearing Clerk on or before November 17, 2008.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2007-0674, 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.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of February 6, 2008 (73 FR 6867) (FRL-8345-
2), August 8, 2007 (72 FR 44439) (FRL-8138-8), and May 23, 2007 (72 FR 
28912) (FRL-8130-8), EPA issued proposals to revoke, modify, and 
establish specific tolerances for residues

[[Page 53733]]

of the herbicides 2,4-D, bensulide, DCPA, desmedipham, metolachlor, 
sethoxydim, and triallate and the insecticides chlorpyrifos, 
fenamiphos, phorate, dimethoate, terbufos, and tetrachlorvinphos. Also, 
the proposals of February 6, 2008, August 8, 2007, and May 23, 2007, 
provided a 60-day comment period which invited public comment for 
consideration and for support of tolerance retention under FFDCA 
standards.
    In this final rule, EPA is revoking, modifying, and establishing 
specific tolerances for residues of 2,4-D, bensulide, chlorpyrifos, 
DCPA, desmedipham, dimethoate, fenamiphos, metolachlor, phorate, 
sethoxydim, terbufos, tetrachlorvinphos, and triallate in or on 
commodities listed in the regulatory text of this document.
    EPA is finalizing these tolerance actions in order to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each Reregistration 
Eligibility Decision (RED) and Report on Food Quality Protection Act 
(FQPA) Tolerance Reassessment Progress and Interim Risk Management 
Decision (TRED) for the active ingredient. REDs and TREDs recommend the 
implementation of certain tolerance actions, including modifications, 
to reflect current use patterns, to meet safety findings and change 
commodity names and groupings in accordance with new EPA policy. 
Printed copies of many REDs and TREDs may be obtained from EPA's 
National Service Center for Environmental Publications (EPA/NSCEP), 
P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1-800-490-
9198; fax number: 1-513-489-8695; Internet at http://www.epa.gov/
ncepihom and from the National Technical Information Service (NTIS), 
5285 Port Royal Rd., Springfield, VA 22161; telephone number: 1-800-
553-6847 or (703) 605-6000; Internet at http://www.ntis.gov. Electronic 
copies of REDs and TREDs are available on the Internet at http://
www.regulations.gov and http://www.epa.gov/pesticides/reregistration/
status.htm.
    In this final rule, EPA is revoking certain tolerances and/or 
tolerance exemptions because either they are no longer needed or are 
associated with food uses that are no longer registered under FIFRA in 
the United States. Those instances where registrations were canceled 
were because the registrant failed to pay the required maintenance fee 
and/or the registrant voluntarily requested cancellation of one or more 
registered uses of the pesticide active ingredient. The tolerances 
revoked by this final rule are no longer necessary to cover residues of 
the relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to issue a final rule revoking those tolerances 
and tolerance exemptions for residues of pesticide active ingredients 
on crop uses for which there are no active registrations under FIFRA, 
unless any person in comments on the proposal indicates a need for the 
tolerance or tolerance exemption to cover residues in or on imported 
commodities or legally treated domestic commodities.
    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.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A., if one of the following 
conditions applies:
     Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
     EPA independently verifies that the tolerance is no longer 
needed.
     The tolerance is not supported by data that demonstrate 
that the tolerance meets the requirements under FQPA.
    In response to the proposals published in the Federal Register of 
February 6, 2008, and August 8, 2007, EPA received comments during the 
60-day public comment period, as follows:
    1. Comment by Juan Antonio Castelo de la Rosa, Mexican grower, 
packers and exporters of tomatoes and other vegetables; Juan Antonio 
Lopez Barajas, Baja Produce, LLC; Ronald Bown F., Asociaci[oacute]n de 
Exportadores de Chile A.G. (ASOEX); Hector CelisAguirre, Koor 
Intercomercial, SA; Celso G. Goseco, Ph.D.; Del Monte Fresh Produce 
Company: Dr. J. Angel Saavedra, Dow AgroSciences Mexico; Yasuyo 
Tadokoro, Lepon Holzworth & Kato PLLC. (EPA-HQ-OPP-2007-0445-0010-
0012). In summary, their comments object to either the revocation of 
the tomato tolerance and/or the reduction of the apple and grape 
tolerances associated with chlorpyrifos. They have expressed concern 
about the economic impacts on exports to the United States for growers, 
exporters, and others. Chlorpyrifos is considered a primary economical 
tool for managing pests associated with tomato, apple, and grape 
production.
    Agency response. The EPA has proposed revoking the tolerance on 
tomatoes, and reducing the tolerances on apples and grapes based on use 
patterns resulting in lower residues due to the dietary risk posed to 
children. In June of 2000 a mitigation strategy was developed between 
the EPA and registrants of the technical and manufacturing use products 
at the time, who agreed to mitigate, and in some cases, eliminate uses 
resulting in reduced exposures and risks from chlorpyrifos. Based on 
use patterns before the June 2000 mitigation agreement, the acute 
dietary risk from residues of chlorpyrifos in/on food exceeded 100% for 
the most highly exposed subpopulation, children 1-6 years old, where 
greater than 100% constitutes dietary risk. The commodities that 
contributed the most to that risk estimate are apples (residues 
resulting from post-bloom uses), grapes (residues primarily on imported 
crops), and fresh tomatoes (residues primarily on imported crops). The 
mitigation measures in the June 2000 mitigation agreement addressed 
these dietary risks by
    i. Canceling use on tomatoes and revoking the associated tolerance.
    ii. Restricting use on apples to pre-bloom (dormant) applications 
and reducing the tolerance to 0.01 part per million (ppm) to reflect 
this new use pattern.
    iii. Reducing the tolerance on grapes to 0.01 ppm to reflect the 
domestic dormant use pattern.
    With these mitigation measures in place, the acute dietary risk 
from food is below 100% for all population subgroups, including the 
most sensitive population subgroup, children 1-6 years old meeting the 
safety standard in accordance with FFDCA. Therefore, the Agency is 
going forward with the revocation of the tolerance on tomatoes and the 
reduction of the tolerance levels for apples and grapes.
    2. Comment by Syngenta. (EPA-HQ-2007-0445-0013). i. Revocation of 
tolerance in stone fruit - use of S-metolachlor in stone fruit is an 
important tool for Canadian fruit producers; and therefore, it would be 
beneficial to maintain United States tolerances to avoid any trade 
irritant issues for these crops being exported

[[Page 53734]]

from Canada to the United States. Canada currently has a tolerance of 
0.1 ppm for S-metolachlor in apples, apricots, cherries, peaches/
nectarines, pears and plums.
    ii. Increase in tolerance for Crop Group 6A from 0.3 ppm to 0.5 ppm 
- Canada currently has a tolerance of 0.3 ppm for S-metolachlor in peas 
and snap beans. An increase in the United States tolerance could result 
in a trade irritant for these crops exported from the United States to 
Canada.
    iii. Decrease in tolerance for Crop Group 6C from 0.3 ppm to 0.1 
ppm - Canada currently has a tolerance of 0.3 ppm for S-metolachlor in 
dry beans. A decrease in the United States tolerance could result in a 
trade irritant for these crops exported from Canada to the United 
States.
    iv. Increase in tolerance for egg and meat from 0.02 pm to 0.04 ppm 
- Canada currently has a tolerance of 0.02 ppm for S-metolachlor in 
eggs, meat of cattle, goats, hogs, poultry and sheep. An increase in 
the United States tolerance could result in a trade irritant for these 
animal products exported from the United States to Canada.
    v. Increase tolerance in animal liver from 0.05 ppm to 0.1 ppm - 
Canada currently has a tolerance of 0.05 ppm for S-metolachlor in liver 
of cattle and poultry. An increase in the United States tolerance could 
result in a trade irritant for these animal products exported from the 
United States to Canada.
    Agency response. The fruit, stone group 12 tolerance is being 
revoked in 40 CFR 180.368(a)(1) for metolachlor. There is currently no 
tolerance for S-metolachlor in/on fruit, stone group 12 to be retained. 
Although the Agency agrees with the harmonization of tolerances for 
both metolachlor and S-metolachlor to prevent trade irritant issues as 
discussed in Syngenta's comments 2-5, and it appears the residue data 
may support harmonization of these tolerances, any modification to 
these tolerances needs to be formally proposed, which the Agency 
intends to do in a future action.
    3. Comment by private citizen (EPA-HQ-OPP-2007-0445-0014). 
Tolerances should be established for residues of metolachlor on okra 
and dill as a consequence of the seed and pod vegetable crop group 
revisions.
    Agency Response. The Agency agrees that okra and dill tolerances 
should be established. Tolerances were proposed for residues of 
metolachlor in/on okra and dill at 0.5 ppm in the Federal Register May 
21, 2008 (73 FR 29456) (FRL-8362-1).
    4. Comment by private citizen (EPA-HQ-OPP-2007-0674-0016 and -
0016.1). A private citizen requested that the Agency retain the 
fenamiphos tolerances on apple, cottonseed, and meat commodities citing 
information relative to risk as the basis for the comment.
    Agency response. The commenter did address EPA's basis for 
revocation of the tolerances, i.e., the fact there are no longer active 
U.S. registrations, and therefore, no need for the tolerances. The 
expiration/revocation dates set for the tolerances are based on the 
cancellation of the last active product registration containing the 
active ingredient, fenamiphos. Therefore, the Agency is revoking the 
fenamiphos tolerances and is finalizing other tolerance actions 
including any revocations, modifications, establishments and 
nomenclature revisions in 40 CFR 180.349 as was proposed (including 
apple with a expiration/revocation date of December 31, 2009) on 
February 6, 2008 (73 FR 6867)(FRL-8345-2).
    5. Comment by Private Citizen (EPA-HQ-OPP-2007-0674-0018). A 
comment was received from a private citizen who agreed with the 
Agency's proposed revocation of tolerances for dimethoate residues of 
concern on apple; cabbage; collards; grape; lentil, seed; spinach; and 
revision of lettuce to leaf lettuce (due to cancellation of the last 
dimethoate registration for use on head lettuce); and establishment of 
a tolerance on wheat forage at 2.0 ppm.
    Agency response. The Agency appreciates the comment of support to 
implement the proposed dimethoate tolerance actions. A response on 
dimethoate tolerance actions is provided in more detail in the Agency's 
response to another comment on dimethoate which follows.
    6. Comment by National Resources Defense Council (NRDC) OPP-2007-
0674-0017 and -0017.1). A comment was received from the NRDC which 
states general agreement with a number of proposed tolerance 
revocations, but also notes a number of proposed increases to 
tolerances or establishment of tolerances (including ones on bensulide, 
desmedipham, fenamiphos, phorate, sethoxydim, and tetrachlorvinphos). 
In particular, NRDC expresses concerns previously made to EPA on 2,4-D 
(including aggregate and exposure risks, and FQPA safety factor; docket 
ID number EPA-HQ-OPP-2004-0167) and on dimethoate (including benchmark 
dose (BMD) analysis and the special FQPA 10X safety factor; docket ID 
number EPA-HQ-OPP-2005-0084) which it again references here.
    Agency response. In documents dated December 16, 2004, January 7, 
2005, and July 12, 2005, the Agency responded to comments, concerning 
the human health risk assessment, submitted during Phase 3 and Phase 5 
of the public participation process for 2,4-D. These documents are 
available in docket number EPA-HQ-OPP-2004-0167 (entries -0090, -0221, 
and 0242) at http://www.regulations.gov. The Agency responded to NRDC's 
comments on 2,4-D in these documents and no new information is provided 
in their current comment, therefore the Agency re-iterates the previous 
responses given there. The Agency notes that the 2,4-D risk assessment 
states that the toxicological database is complete with the exception 
of a developmental neurotoxicity study, a repeat 2-generation 
reproduction study, and a 28-day inhalation toxicity study. The FQPA 
database uncertainty factor has been included in the 2,4-D risk 
assessment to address the uncertainties regarding developmental 
effects. The Agency issued a Data Call-In for 2,4-D in 2007 and expects 
to receive the inhalation toxicity data in early 2009 and developmental 
and reproduction toxicity data in early 2011 (see (page 1 of the 
Addendum to February 2, 2007 Memorandum: Response to Public Comments on 
the Dimethoate IRED in the revised IRED dated 8-2007 for details). 
Although additional data have been required to confirm the 
reregistration eligibility decision, the Agency bridged data and made 
conservative assumptions to conduct the risk assessment to make the 
reregistration eligibility decision until the confirmatory data are 
received. Should submitted data fail to confirm the reregistration 
eligibility decision, the decision will be amended as appropriate. 
However, the generic database supporting the reregistration of 2,4-D 
for eligible uses has been reviewed and determined to be substantially 
complete. In completing the risk assessment and reregistration 
eligibility decision for 2,4-D, the Agency has taken into account the 
complete toxicity profile for 2,4-D. Consequently, herein, the Agency 
is finalizing the tolerance actions on 2,4-D as described in the 
proposal of February 6, 2008 (73 FR 6867)(FRL-8345-2). The Agency has 
determined that these increased tolerances and new tolerances to be 
established are safe; i.e., there is a reasonable certainty that no 
harm will result from aggregate exposure to the pesticide chemical 
residue.
    In a document dated January 31, 2006, the Agency responded to 
comments

[[Page 53735]]

submitted during Phase 5b of the public participation process for 
dimethoate. That document is available in docket number EPA-HQ-OPP-
2005-0084 (entry -0036). The Agency responded to NRDC's comments on the 
Dimethoate Revised Risk Assessments and Risk Reduction Options on pages 
20-26 of its response. Because no new information is provided in their 
current comment, the Agency reiterates the previous responses given 
there. As described, developmental and reproductive toxicity studies 
are available for dimethoate and omethoate. Prenatal developmental 
toxicity studies in rats and rabbits showed no indication of increased 
susceptibility of rat or rabbit fetuses to in utero exposure to 
dimethoate or omethoate. Similarly, there was no indication of 
increased susceptibility in the offspring as compared to parental 
animals in the reproduction studies. Acceptable developmental 
neurotoxicity and comparative cholinesterase (ChE) studies are 
available for dimethoate. BMD analysis of the ChE data from the 
comparative ChE study indicates that juvenile animals exhibit similar 
sensitivity to dimethoate from acute or multiple exposures. 
Furthermore, BMD analysis indicates that use of the BMD L10 
(the estimated dose at which 10% ChE is observed at the lower 95% 
confidence interval) for brain ChE is protective for potential pup 
mortality; therefore, a special hazard-based FQPA factor is not needed. 
However, an uncertainty factor of 100 was applied to the doses selected 
for risk assessment to account for both interspecies extrapolation and 
intraspecies variability. The BMD analysis of the pup mortality data 
from the dimethoate DNT study was performed using EPA's Benchmark Dose 
Software (BMDS). The BMDS, user's manual, and technical guidance can be 
obtained at http://www.epa.gov/ncea/bmds.htm. BMD analysis of brain ChE 
data was also performed by the Agency using the exponential dose-
response model. The Agency's development of the exponential model and 
the Agency's use of the model for ChE inhibition have been well 
documented in previous SAP presentations since 2001, and are available 
on the EPA's SAP website at http://www.epa.gov/scipoly/sap/index.htm. 
Datasets upon which the dimethoate BMD values are based along with all 
model outputs were provided to the public at the time of the FIFRA SAP 
in 2004. These can be found in the appendices to the dimethoate issue 
paper on the EPA's SAP website at http://www.epa.gov/scipoly/sap/2004/
november/appendix9.pdf. Consequently, the Agency is finalizing the 
tolerance actions on dimethoate as described in the proposal of 
February 6, 2008. The Agency has determined that these increased 
tolerances and new tolerances to be established are safe; i.e., there 
is a reasonable certainty that no harm will result from aggregate 
exposure to the pesticide chemical residue.
    Regarding proposed tolerance increases and establishments for 
bensulide, desmedipham, fenamiphos, phorate, sethoxydim, and 
tetrachlorvinphos, while the commenter expressed a general concern, no 
chemical specific comments were made. The Agency is finalizing the 
tolerance actions on dimethoate as described in the proposal of 
February 6, 2008. The Agency has determined that these increased 
tolerances and new tolerances to be established are safe; i.e., there 
is a reasonable certainty that no harm will result from aggregate 
exposure to the pesticide chemical residue.
     Triallate. Based on the available field trial data that indicate 
triallate residues of concern as high as 0.42 ppm, the Agency 
determined that a tolerance should be established in/on wheat forage at 
0.5 ppm. This action was inadvertently omitted in the Federal Register 
proposal published September 27, 2006. In the Federal Register 
published August 8, 2007, the Agency proposed the tolerance for wheat, 
forage at 0.5 ppm. In the Federal Register published January 29, 2008 
(73 FR 5104)(FRL-8348-8), the Agency finalized wheat, forage at 0.05 
ppm rather than 0.5 ppm incorrectly. Therefore, EPA is establishing and 
correcting the tolerance in 40 CFR 180.314(c) for the combined 
triallate residues of concern in/on wheat, forage at 0.5 ppm.
    Sethoxydim. In the Federal Register published February 6, 2008 (73 
FR 6867)(FRL-8345-2), the EPA proposed revising commodity terminology 
in 40 CFR 180.412(a) for sethoxydim residues of concern in/on corn, 
fodder to corn, field, fodder at 2.5 ppm; corn, forage to corn, field, 
stover at 2.0 ppm in error. The corrected revision should read in 40 
CFR 180.412(a) for sethoxydim residues of concern in/on corn, fodder to 
corn, field, stover at 2.5 ppm and corn, forage to corn, field, forage 
at 2.0 ppm.
     Metolachlor. In the Federal Register published August 8, 2007, the 
Agency recommended the terminology in 40 CFR 180.368(a)(2) be revised 
from vegetable, fruiting, group 8, except tabasco pepper at 0.1 ppm to 
vegetable fruiting, group 8, except nonbell pepper at 0.1 ppm and in 40 
CFR 180.368(c)(2) be revised from pepper, tabasco at 0.5 ppm to pepper, 
nonbell at 0.5 ppm. The residue data for the variety, tabasco pepper, 
require a tolerance of 0.5 ppm and the other nonbell peppers residue 
levels are lower such that a tolerance of 0.1 ppm is more appropriate. 
Therefore, the Agency has determined to retain the current terminology 
in 40 CFR 180.368(a)(2) (as proposed) and (c)(2) for vegetable, 
fruiting, except tabasco pepper, group 8 and pepper, tabasco, 
respectively.
     Bensulide. The chemical name for the bensulide oxygen analog that 
currently contains a typographical error in 40 CFR 180.241 is being 
corrected to S-(O,O-diisopropyl phosphorothioate) ester of N-(2-
mercaptoethyl) benzenesulfonamide.

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

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes, and as follow-up on canceled uses of 
pesticides. As part of these processes, EPA is required to determine 
whether each of the amended tolerances meets the safety standards under 
FFDCA. The safety finding determination is found in detail in each 
post-FQPA RED and TRED for the active ingredient. REDs and TREDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, to meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed and electronic copies of the REDs and TREDs are 
available as provided in Unit II.A.
    EPA has issued post-FQPA REDs for 2,4-D, bensulide, DCPA, 
desmedipham, dimethoate, fenamiphos, phorate, sethoxydim, terbufos, 
tetrachlorvinphos, and triallate, and TREDs for chlorpyrifos and 
metolachlor, whose REDs were completed prior to FQPA. Also, EPA issued 
a RED prior to FQPA for tetrachlorvinphos and made a safety finding 
which reassessed its tolerances according to FFDCA standard, 
maintaining them when new tolerances were established as noted in Unit 
II.A. REDs and TREDs contain the Agency's evaluation of the database 
for these pesticides, including statements regarding additional data on 
the active ingredients that may be needed to confirm the potential 
human health and environmental risk assessments

[[Page 53736]]

associated with current product uses, and REDs state conditions under 
which these uses and products will be eligible for reregistration. The 
REDs and TREDs recommended the establishment, modification, and/or 
revocation of specific tolerances. RED and TRED recommendations such as 
establishing or modifying tolerances, and in some cases revoking 
tolerances, are the result of assessment under the FFDCA standard of 
``reasonable certainty of no harm.'' However, tolerance revocations 
recommended in REDs and TREDs that are made final in this document do 
not need such assessment when the tolerances are no longer necessary.
    EPA's general practice is to revoke 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.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, the Agency gives consideration to possible 
pesticide residues in meat, milk, poultry, and/or eggs produced by 
animals that are fed agricultural products (for example, grain or hay) 
containing pesticides residues (40 CFR 180.6). If there is no 
reasonable expectation of finite pesticide residues in or on meat, 
milk, poultry, or eggs, then tolerances do not need to be established 
for these commodities (40 CFR 180.6(b) and 180.6(c)).

C. When Do These Actions Become Effective?

    These actions become effective on the date of publication of this 
final rule in the Federal Register with the exception of certain 
fenamiphos and tetrachlorvinphos tolerances. The tolerances revoked in 
the rule (with exception) are associated with uses that have been 
canceled for several years. The Agency believes that treated 
commodities have had sufficient time for passage through the channels 
of trade. EPA is revoking fenamiphos tolerances for 17 commodities as 
of December 31, 2009, and tetrachlorvinphos tolerances within 18 months 
from the date of final tolerance publication for cattle, hog, and 
poultry commodities. The Agency believes that these expiration/
revocation dates allow users to exhaust any existing stocks and allows 
sufficient time for the passage of treated commodities through the 
channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are 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.
    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 that the 
pesticide was applied to such food.

III. Are There Any International Trade Issues Raised by this Final 
Action?

    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, as required by section 408(b)(4) 
of FFDCA. The Codex Alimentarius is a joint United Nations 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 in a notice published 
for public comment. EPA's effort to harmonize with Codex MRLs is 
summarized in the tolerance reassessment section of individual REDs and 
TREDs, and in the Residue Chemistry document which supports the RED and 
TRED, as mentioned in the proposed rule cited in Unit II.A. Specific 
tolerance actions in this rule and how they compare to Codex MRLs (if 
any) is discussed in Unit II.A.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this final rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this final rule is not 
subject to Executive Order 13211, entitled Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001). This final rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable 
duty or contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations as required by Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994); or OMB review or any other Agency action under 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-13, 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

[[Page 53737]]

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 rule, the Agency hereby certifies that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. Furthermore, for the pesticides named in this final rule, the 
Agency knows of no extraordinary circumstances that exist as to the 
present revocations that would change EPA's previous analysis. 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 final 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 final 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 final 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 final rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: September 8, 2008.
Marty Monell,
Acting Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.142 is amended by revising the entries for ``Grape,'' 
``Fruit, pome, group 11,'' ``Fruit, stone, group 12,'' and 
``Strawberry'' in the table in paragraph (a) to read as follows:


Sec.  180.142  2, 4-D; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Grape................................................               0.05
                                * * * * *
Fruit, pome, group 11................................               0.05
Fruit, stone, group 12...............................               0.05
                                * * * * *
Strawberry...........................................               0.05
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
3. Section 180.185 is amended by removing the entry for ``Vegetable, 
brassica, leafy, group 5'' from the table in paragraph (d) and adding 
it alphabetically to the table in paragraph (a) to read as follows.


Sec.  180.185  DCPA; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Vegetable, brassica, leafy, group 5..................               0.05
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
4. Section 180.204 is amended by revising the section heading, the 
table in paragraph (a), and paragraph (c) to read as follows:


Sec.  180.204  Dimethoate; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage......................................                2.0
Alfalfa, hay.........................................                2.0
Bean, dry, seed......................................                2.0
Bean, lima...........................................                2.0
Bean, snap, succulent................................                2.0
Blueberry\1\.........................................                1.0
Broccoli.............................................                2.0
Cattle, meat byproducts..............................               0.02
Cauliflower..........................................                2.0
Celery...............................................                2.0
Citrus, dried pulp...................................                5.0
Corn, field, forage..................................                1.0
Corn, field, grain...................................                0.1
Corn, field, stover..................................                1.0
Corn, pop, grain.....................................                0.1
Corn, pop, stover....................................                1.0
Corn, sweet, forage..................................                1.0
Cotton, undelinted seed..............................                0.1
Egg..................................................               0.02
Endive...............................................                2.0
Goat, meat byproducts................................               0.02
Grapefruit...........................................                2.0
Hog, meat byproducts.................................               0.02
Horse, meat byproducts...............................               0.02
Kale.................................................                2.0
Lemon................................................                2.0
Lettuce, leaf........................................                2.0
Melon................................................                1.0
Milk.................................................              0.002
Mustard greens.......................................                2.0
Orange...............................................                2.0
Pea..................................................                2.0
Pear.................................................                2.0
Pecan................................................                0.1
Pepper...............................................                2.0
Potato...............................................                0.2
Poultry, meat byproducts.............................               0.02
Safflower, seed......................................                0.1

[[Page 53738]]

 
Sheep, meat byproducts...............................               0.02
Sorghum, grain, forage...............................                0.1
Sorghum, grain, grain................................                0.1
Sorghum, grain, stover...............................                0.1
Soybean, forage......................................                2.0
Soybean, hay.........................................                2.0
Soybean, seed........................................               0.05
Swiss chard..........................................                2.0
Tangerine............................................                2.0
Tomato...............................................                2.0
Turnip, roots........................................                0.2
Turnip, tops.........................................                2.0
Wheat, forage........................................                2.0
Wheat, grain.........................................               0.04
Wheat, hay...........................................                2.0
Wheat, straw.........................................                2.0
------------------------------------------------------------------------
\1\ There are U.S. registrations as of August 16, 1996.

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in Sec. 180.1(m), are established for 
total residues of dimethoate including its oxygen analog in or on the 
following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Asparagus............................................               0.15
Brussels sprouts.....................................                5.0
Cherry, sweet........................................                2.0
Cherry, tart.........................................                2.0
------------------------------------------------------------------------

* * * * *

0
5. Section 180.206 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.206  Phorate; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide phorate (O,O-diethyl S (ethylthio) 
methyl]phosphorodithioate), phorate sulfoxide, phorate sulfone, phorate 
oxygen analog, phorate oxygen analog sulfoxide, and phorate oxygen 
analog sulfone in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Bean, dry, seed......................................               0.05
Bean, succulent......................................               0.05
Beet, sugar, roots...................................                0.3
Beet, sugar, tops....................................                3.0
Coffee, green bean\1\................................               0.02
Corn, field, forage..................................                0.5
Corn, field, grain...................................               0.05
Corn, sweet, forage..................................                0.5
Corn, sweet, kernel plus cob with husks removed......               0.05
Cotton, undelinted seed..............................               0.05
Hop, dried cones.....................................                2.0
Peanut...............................................                0.1
Potato...............................................                0.2
Sorghum, grain, grain................................               0.05
Sorghum, grain, stover...............................                0.1
Soybean, seed........................................               0.05
Sugarcane, cane......................................               0.05
Wheat, forage........................................                1.5
Wheat, grain.........................................               0.05
Wheat, hay...........................................                1.5
Wheat, straw.........................................               0.05
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 1, 1993 for the use
  of phorate on the growing crop, coffee.

* * * * *

0
6. Section 180.241 is amended by revising the section heading and 
paragraphs (a) and (c) to read as follows:


Sec.  180.241  Bensulide; tolerances for residues.

    (a) General. Tolerances are established for the residues of S-(O,O-
diisopropyl phosphorodithioate) of N-(2-mercaptoethyl) 
benzenesulfonamide including its oxygen analog S-(O,O-diisopropyl 
phosphorothioate) of N-(2-mercaptoethyl) benzenesulfonamide in or on 
the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Onion, bulb..........................................               0.10
Vegetable, brassica, leafy group 5...................               0.15
Vegetable, cucurbits group 9.........................               0.15
Vegetable, fruiting group 8..........................               0.10
Vegetable, leafy except brassica group 4.............               0.15
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in Sec.  180.1(m), are established 
for the residues of S-(O,O-diisopropyl phosphorodithioate) of N-(2-
mercaptoethyl) benzenesulfonamide including its oxygen analog S-(O,O-
diisopropyl phosphorothioate) of N-(2-mercaptoethyl) benzenesulfonamide 
in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Carrot, roots........................................               0.10
------------------------------------------------------------------------

* * * * *

0
7. Section 180.252 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.252  Tetrachlorvinphos; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide tetrachlorvinphos, (Z)-2-chloro-1-(2,4,5- 
trichlorophenyl) vinyl dimethyl phosphate, and its metabolites, 1-
(2,4,5-trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5- 
trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol in/on 
the following food commodities:

----------------------------------------------------------------------------------------------------------------
                        Commodity                          Parts per million      Expiration/Revocation Date
----------------------------------------------------------------------------------------------------------------
Cattle, fat (of which no more than 0.1 ppm is                            0.2                             3/17/10
 tetrachlorvinphos per se)...............................
Cattle, kidney (of which no more than 0.05 ppm is                        1.0                             3/17/10
 tetrachlorvinphos per se)...............................
Cattle, liver (of which no more than 0.05 ppm is                         0.5                             3/17/10
 tetrachlorvinphos per se)...............................
Cattle, meat (of which no more than 2.0 ppm is                           2.0                             3/17/10
 tetrachlorvinphos per se)...............................
Cattle, meat by products, except kidney and liver........                1.0                             3/17/10
Egg (of which no more than 0.05 ppm is tetrachlorvinphos                 0.2                             3/17/10
 per se).................................................
Hog, fat (of which no more than 0.1 ppm is                               0.2                             3/17/10
 tetrachlorvinphos per se)...............................
Hog, kidney (of which no more than 0.05 ppm is                           1.0                             3/17/10
 tetrachlorvinphos per se)...............................
Hog, liver (of which no more than 0.05 ppm is                            0.5                             3/17/10
 tetrachlorvinphos per se)...............................
Hog, meat (of which no more than 2.0 ppm is                              2.0                             3/17/10
 tetrachlorvinphos per se)...............................
Hog, meat byproducts, except kidney and liver............                1.0                             3/17/10
Milk, fat (reflecting negligible residues in whole milk                 0.05                             3/17/10
 and of which no more than 0.05 ppm is tetrachlorvinphos
 per se).................................................
Poultry, fat (of which no more than 7.0 ppm is                           7.0                             3/17/10
 tetrachlorvinphos per se)...............................
Poultry, liver (of which no more than 0.05 ppm is                        2.0                             3/17/10
 tetrachlorvinphos per se)...............................
Poultry, meat (of which no more than 3.0 ppm is                          3.0                             3/17/10
 tetrachlorvinphos per se)...............................
Poultry, meat byproducts, except liver...................                2.0                             3/17/10
----------------------------------------------------------------------------------------------------------------

* * * * *

0
8. Section 180.314 is amended by revising the entry for ``Wheat, 
forage'' in the table in paragraph (c) to read as follows:


Sec.  180.314  Triallate; tolerance for residues.

* * * * *
    (c) * * *

[[Page 53739]]



------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Wheat, forage........................................                0.5
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
9. Section 180.342 is amended by revising paragraph (a)(1); removing 
existing paragraph (a)(2); redesignating paragraph (a)(3) as paragraph 
(a)(2); redesignating paragraph (a)(4) as paragraph (a)(3); and by 
revising paragraph (c) to read as follows:


Sec.  180.342   Chlorpyrifos; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
pesticide chlorpyrifos per se (O,O-diethyl- O-(3,5,6-trichloro-2-
pyridyl) phosphorothioate) in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Alfalfa, forage......................................                3.0
Alfalfa, hay.........................................                 13
Almond...............................................                0.2
Almond, hulls........................................                 12
Apple................................................               0.01
Apple, wet pomace....................................               0.02
Banana...............................................                0.1
Beet, sugar, dried pulp..............................                5.0
Beet, sugar, molasses................................                 15
Beet, sugar, roots...................................                1.0
Beet, sugar, tops....................................                8.0
Cattle, fat..........................................                0.3
Cattle, meat.........................................               0.05
Cattle, meat byproducts..............................               0.05
Cherry, sweet........................................                1.0
Cherry, tart.........................................                1.0
Citrus, dried pulp...................................                5.0
Citrus, oil..........................................                 20
Corn, field, forage..................................                8.0
Corn, field, grain...................................               0.05
Corn, field, refined oil.............................               0.25
Corn, field, stover..................................                8.0
Corn, sweet, forage..................................                8.0
Corn, sweet, kernel plus cob with husk removed.......               0.05
Corn, sweet, stover..................................                8.0
Cotton, undelinted seed..............................                0.2
Cranberry............................................                1.0
Cucumber.............................................               0.05
Egg..................................................               0.01
Fig..................................................               0.01
Fruit, citrus, group 10..............................                1.0
Goat, fat............................................                0.2
Goat, meat...........................................               0.05
Goat, meat byproducts................................               0.05
Hazelnut.............................................                0.2
Hog, fat.............................................                0.2
Hog, meat............................................               0.05
Hog, meat byproducts.................................               0.05
Horse, fat...........................................               0.25
Horse, meat..........................................               0.25
Horse, meat byproducts...............................               0.25
Kiwifruit............................................                2.0
Lettuce..............................................                1.0
Milk, fat (Reflecting 0.01 ppm in whole milk)........               0.25
Nectarine............................................               0.05
Onion, bulb..........................................                0.5
Peach................................................               0.05
Peanut...............................................                0.2
Peanut, refined oil..................................                0.2
Pear.................................................               0.05
Pecan................................................                0.2
Pepper...............................................                1.0
Peppermint, tops.....................................                0.8
Peppermint, oil......................................                8.0
Plum, prune, fresh...................................               0.05
Poultry, fat.........................................                0.1
Poultry, meat........................................                0.1
Poultry, meat byproducts.............................                0.1
Pumpkin..............................................               0.05
Radish...............................................                2.0
Rutabaga.............................................                0.5
Sheep, fat...........................................                0.2
Sheep, meat..........................................               0.05
Sheep, meat byproducts...............................               0.05
Spearmint, tops......................................                0.8
Spearmint, oil.......................................                8.0
Sorghum, grain, forage...............................                0.5
Sorghum, grain, grain................................                0.5
Sorghum, grain, stover...............................                2.0
Soybean, seed........................................                0.3
Strawberry...........................................                0.2
Sunflower, seed......................................                0.1
Sweet potato, roots..................................               0.05
Turnip, roots........................................                1.0
Turnip, tops.........................................                0.3
Vegetable, brassica, leafy, group 5..................                1.0
Vegetable, legume, group 6. except soybean...........               0.05
Walnut...............................................                0.2
Wheat, forage........................................                3.0
Wheat, grain.........................................                0.5
Wheat, straw.........................................                6.0
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in 180.1(m), are established for 
residues of the pesticide chlorpyrifos per se (O,O-diethyl- O-(3,5,6-
trichloro-2-pyridyl) phosphorothioate) in or on the following food 
commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Asparagus............................................                5.0
Grape................................................               0.01
------------------------------------------------------------------------

* * * * *

0
10. Section 180.349 is amended by revising paragraph (a) and the table 
in paragraph (c) to read as follows:


Sec.  180.349  Fenamiphos; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the nematocide fenaminphos, (ethyl 3-methyl-4-(methylthio)phenyl (1-
methylethyl)phosphoramidate, and its