Aluminum tris(O-ethylphosphonate), Butylate, Chlorethoxyfos, Clethodim, et al.; Proposed Tolerance Actions, 44184-44198 [2010-18373]

Download as PDF 44184 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules Guideline Requirement Number Timeframe for protocol submission Study Title Timeframe for data submission 860.1500 Crop Field Trials (broccoli, cabbage, cauliflower, celery, grapes, lettuce, peas, peppers, spinach, strawberries, summer squash, and tomatoes) Not Required 24 months 860.1520 Processing studies (tomatoes) Not Required 24 months 870.6300 Comparative Assay 6 months 12 months 870.7800 Immunotoxicity Study 6 months 12 months erowe on DSK5CLS3C1PROD with PROPOSALS D. Failure to Submit If the Agency does not receive a §408(f) Response Form identifying a person who agrees to submit the required data within 90 days after publication of the final order, EPA will proceed to revoke the mevinphos tolerances at 40 CFR 180.157. Such revocation order is subject to the objection and hearing procedure in FFDCA section 408(g)(2) but the only material issue in such a procedure is whether a submission required by the order was made in a timely fashion. Additional events that may be the basis for modification or revocation of mevinphos tolerances include, but are not limited to the following: 1. No person submits on the required schedule an acceptable proposal or final protocol when such is required to be submitted to the Agency for review. 2. No person submits on the required schedule an adequate progress report on a study as required by the order. 3. No person submits on the required schedule acceptable data as required by the final order. 4. No person submits supportable certifications as to the conditions of submitted data, where required by order and where no other cited or submitted study meets the data requirements the study was intended to fulfill. V. Statutory and Executive Order Reviews As required by statute, this proposal to require submission of data in support of tolerances is in the form of an order and not a rule. (21 U.S.C. 346a(f)(1)(C)). Under the Administrative Procedures Act, orders are expressly excluded from the definition of a rule. (5 U.S.C. 551(4)). Accordingly, the regulatory assessment requirements imposed on rulemaking do not, therefore, apply to this action. List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 Cholinesterase and pests, Reporting and recordkeeping requirements. Dated: July 22, 2010. Richard P. Keigwin, Jr., Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. [FR Doc. 2010–18541 Filed 7–27–10; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2010–0490; FRL–8834–1] Aluminum tris(O-ethylphosphonate), Butylate, Chlorethoxyfos, Clethodim, et al.; Proposed Tolerance Actions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: In accordance with current Agency practice to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing minor revisions to tolerance expressions for a number of pesticide active ingredients, including the insecticides chlorethoxyfos, clofentezine, cyromazine, etofenprox, fenbutatinoxide, fosthiazate, propetamphos, and tebufenozide; the fungicides aluminum tris(O-ethylphosphonate) and fenarimol; the herbicides butylate, clethodim, clomazone, fenoxaprop-ethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen, glufosinate ammonium, lactofen, propyzamide, quinclorac, and pyridate; and the fungicide/bactericide oxytetracycline. Also, EPA is proposing to revoke the tolerances for aluminum tris(Oethylphosphonate) on pineapple fodder and forage because they are not considered to be significant livestock feed items, and revise specific tolerance nomenclatures for aluminum tris(Oethylphosphonate), clethodim, flumetsulam, and fluridone. In addition, SUMMARY: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 EPA will be removing several expired tolerances for aluminum tris(Oethylphosphonate), etofenprox, propyzamide, and tebufenozide. DATES: Comments must be received on or before September 27, 2010. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2010–0490, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the oNline instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2010– 0490. EPA’s policy is that all comments received will be included in the docket without change and may be made available oN-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at https:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460–0001; telephone number: (703) 308-8037; e-mail address: nevola.joseph@epa.gov. SUPPLEMENTARY INFORMATION: erowe on DSK5CLS3C1PROD with PROPOSALS 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 VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in Unit II.A. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 44185 viii. Make sure to submit your comments by the comment period deadline identified. C. What Can I do if I Wish the Agency to Maintain a Tolerance that the Agency Proposes to Revoke? This proposed rule provides a comment period of 60 days for any person to state an interest in retaining a tolerance proposed for revocation. If EPA receives a comment within the 60– day period to that effect, EPA will not proceed to revoke the tolerance immediately. However, EPA will take steps to ensure the submission of any needed supporting data and will issue an order in the Federal Register under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(f), if needed. The order would specify data needed and the timeframes for its submission, and would require that within 90 days some person or persons notify EPA that they will submit the data. If the data are not submitted as required in the order, EPA will take appropriate action under FFDCA. EPA issues a final rule after considering comments that are submitted in response to this proposed rule. In addition to submitting comments in response to this proposal, you may also submit an objection at the time of the final rule. If you fail to file an objection to the final rule within the time period specified, you will have waived the right to raise any issues resolved in the final rule. After the specified time, issues resolved in the final rule cannot be raised again in any subsequent proceedings. II. Background A. What Action is the Agency Taking? In accordance with current Agency practice to describe more clearly the measurement and scope or coverage of tolerances, including applicable metabolites and degradates, EPA is proposing minor revisions to tolerance expressions for a number of pesticide active ingredients, including the insecticides chlorethoxyfos, clofentezine, cyromazine, etofenprox, fenbutatin-oxide, fosthiazate, propetamphos, and tebufenozide; the fungicides aluminum tris(Oethylphosphonate) and fenarimol; the herbicides butylate, clethodim, clomazone, fenoxaprop-ethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen, glufosinate ammonium, lactofen, propyzamide, quinclorac, and pyridate; and the fungicide/bactericide oxytetracycline. Also, EPA is proposing to revoke the tolerances for aluminum tris(O- E:\FR\FM\28JYP1.SGM 28JYP1 44186 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules ethylphosphonate) on pineapple fodder and forage because they are not considered to be significant livestock feed items, and therefore are no longer needed, and revise specific tolerance nomenclatures for aluminum tris(Oethylphosphonate), clethodim, flumetsulam, and fluridone. Additional minor modifications are being made for reasons described in the discussion below pertaining to specific pesticides. It is EPA’s general practice to propose revocation of those tolerances/tolerance exemptions for residues of pesticide active ingredients on crop uses for which there are no active registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), unless any person submits comments on the proposal that indicate a need for the tolerance to cover residues in or on imported commodities or legally treated domestic commodities. In addition, EPA will be removing several expired tolerances for aluminum tris(O-ethylphosphonate), etofenprox, propyzamide, and tebufenozide. Certain tolerances pertaining to the pesticides subject to this proposal have expired due to previous EPA regulation setting expiration dates. When the Agency finalizes the changes proposed in this document, EPA will also remove the expired tolerances from the Code of Federal Regulations. The amended regulatory text below reflects removal of the tolerances. The Agency is not accepting comments regarding the expired tolerances. 1. Aluminum tris(Oethylphosphonate). In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.415(a) to read as follows: erowe on DSK5CLS3C1PROD with PROPOSALS Tolerances are established for residues of the fungicide aluminum tris(Oethylphosphonate), including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only aluminum tris(O-ethylphosphonate), in or on the commodity. Because pineapple, fodder and pineapple, forage are no longer considered by the Agency to be significant livestock feed items as delineated in ‘‘Table 1. – Raw Agricultural and Processed Commodities and Feedstuffs Derived from Crops,’’ which is found under OCSPP Harmonized Test Guidelines for Residue Chemistry in 860.1000 dated August 1996 (available at https:// www.epa.gov/ocspp/pubs/frs/ publications/Test_Guidelines/ series860.htm), EPA determined that VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 these tolerances in 40 CFR 180.415(a) are no longer needed, and therefore should be revoked. Consequently, EPA is proposing to revoke the tolerances in 40 CFR 180.415(a) on pineapple, fodder and pineapple, forage. In addition, EPA is proposing to revise commodity terminology to conform to current Agency practice in 40 CFR 180.415(a) as follows: ‘‘fruit, pome’’ to ‘‘fruit, pome, group 11.’’ In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.415(c) to read as follows: reserving those paragraphs for tolerance exemptions for section 18 emergency exemptions, tolerances with regional registrations, and tolerances with indirect or inadvertent residues, respectively. 4. Clethodim. In order to harmonize with Codex and describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing that all the existing animal and plant tolerances for clethodim in 40 CFR 180.458(a)(1), 180.458(a)(2), and 180.458(a)(3) be expressed under the same tolerance expression in one paragraph, as 40 CFR 180.458(a), to read as follows: Tolerances with regional registration are established for residues of the fungicide aluminum tris(O-ethylphosphonate), including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only aluminum tris(O-ethylphosphonate), in or on the commodity. Tolerances are established for residues of the herbicide clethodim, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2propenyl]oxy]imino]propyl]-5-[2-(ethylthio) propyl]-3-hydroxy-2-cyclohexen-1-one, and its metabolites containing the 5-(2ethylthiopropyl)cyclohexene-3-one and 5-(2ethylthiopropyl)-5-hydroxycyclohexene-3one moieties and their sulphoxides and sulphones, calculated as the stoichiometric equivalent of clethodim, in or on the commodity. 2. Butylate. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.232(a) to read as follows: Tolerances are established for residues of the herbicide butylate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only butylate, Sethyl bis(2-methylpropyl)carbamothioate, in or on the commodity. 3. Chlorethoxyfos. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the section heading in 40 CFR 180.486 from phosphorothioic acid, O,O-diethyl O(1,2,2,2-tetrachloroethyl) ester to chlorethoxyfos, redesignate the existing paragraph from 40 CFR 180.486 to 180.486(a), and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.486(a) to read as follows: Tolerances are established for residues of the insecticide chlorethoxyfos, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only chlorethoxyfos, O,O-diethyl O-(1,2,2,2-tetra chloroethyl) phosphorothioate, in or on the commodity. In accordance with current Agency practice, EPA is proposing to revise 40 CFR 180.486 by adding separate paragraphs (b), (c), and (d), and PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 Also, EPA is proposing to revise commodity terminology to conform to current Agency practice in newly designated 40 CFR 180.458(a) from ‘‘flax seed’’ to ‘‘flax, seed’’ and ‘‘vegetable, legume group 6, except soybean’’ to ‘‘vegetable, legume, group 6, except soybean.’’ 5. Clofentezine. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.446(a)(1) to read as follows: Tolerances are established for residues of the insecticide clofentezine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-tetrazine, in or on the commodity. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.446(a)(2) to read as follows: Tolerances are established for residues of the insecticide clofentezine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules determined by measuring only the sum of clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5tetrazine, and its metabolite, 3-(2-chloro-4hydroxyphenyl)-6-(2-chlorophenyl)-1,2,4,5tetrazine, calculated as the stoichiometric equivalent of clofentezine, in or on the commodity. 6. Clomazone. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.425(a) to read as follows: Tolerances are established for residues of the herbicide clomazone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only clomazone, 2(2-chlorophenyl)methyl-4,4-dimethyl-3-isoxa zolidinone, in or on the commodity. 7. Cyromazine. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.414(a)(1) to read as follows: Tolerances are established for residues of the insecticide cyromazine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity. erowe on DSK5CLS3C1PROD with PROPOSALS Also, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.414(a)(2) and remove existing subparagraphs (a)(2)(i), (a)(2)(ii), (a)(2)(iii), (a)(2)(iv), and (a)(2)(v). The revised paragraph (a)(2) reads as follows: 44187 coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.414(d) to read as follows: the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.362(a)(2) to read as follows: Tolerances are established for the indirect or inadvertent residues of the insecticide cyromazine, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of cyromazine to growing crops listed in paragraph (a)(1) of this section. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity. Tolerances are established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the animal commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenbutatin-oxide, hexakis (2-methyl-2phenylpropyl)distannoxane, and its organotin metabolites, dihydroxybis(2methyl-2-phenylpropyl)stannane and 2methyl-2-phenylpropylstannoic acid, calculated as the stoichiometric equivalent of fenbutatin-oxide, in or on the commodity. 8. Etofenprox. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.620(a) to read as follows: A tolerance is established for residues of the insecticide etofenprox, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only etofenprox, 2(4-ethoxyphenyl)-2-methylpropyl 3phenoxybenzyl ether, in or on the commodity. 9. Fenarimol. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.421(a) to read as follows: Tolerances are established for residues of the fungicide fenarimol, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fenarimol, alpha-(2-chlorophenyl)-alpha-(4-chloro phenyl)-5-pyrimidinemethanol, in or on the commodity. In the May 2002 Tolerance Reassessment Decision (TRED) for fenbutatin-oxide, EPA determined that in order to better harmonize with Codex Alimentarius, the tolerance expression for plant commodities should include the parent compound only for compliance. Currently, there is one regional tolerance in 40 CFR 180.362(c) for residues of the parent compound and its organotin metabolites calculated as the parent compound in or on raspberry. Therefore, in order to better harmonize with Codex and describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.362(c) to read as follows: A tolerance with regional registration is established for residues of the miticide/ acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the plant commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only fenbutatinoxide, hexakis (2-methyl-2phenylpropyl)distannoxane, in or on the commodity. 11. Fenoxaprop-ethyl. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.430(a) to read as follows: A tolerance of 5.0 parts per million is established for residues of the insecticide cyromazine, including its metabolites and degradates, in or on poultry feed when used as a feed additive only in feed for chicken layer hens and chicken breeder hens at the rate of not more than 0.01 pound of cyromazine per ton of poultry feed for control of flies in manure of treated chicken layer hens and chicken breeder hens, provided the feeding of cyromazine-treated feed must stop at least 3 days (72 hours) before slaughter. If the feed is formulated by any person other than the end user, the formulator must inform the end user, in writing, of the 3–day (72 hours) pre-slaughter interval. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity. 10. Fenbutatin-oxide. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the section heading in 40 CFR 180.362 from hexakis (2-methyl-2-phenylpropyl)distannoxane to fenbutatin-oxide and revise the introductory text containing the tolerance expression in 40 CFR 180.362(a)(1) to read as follows: Tolerances are established for residues of the miticide/acaricide fenbutatin-oxide, including its metabolites and degradates, in or on the plant commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fenbutatin-oxide, hexakis (2-methyl-2-phenyl propyl)distannoxane, in or on the commodity. Tolerances are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-chloro-2benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity. In addition, in order to describe more clearly the measurement and scope or In order to describe more clearly the measurement and scope or coverage of Also, in order to describe more clearly the measurement and scope or coverage VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\28JYP1.SGM 28JYP1 44188 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.430(b) to read as follows: Time-limited tolerances are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph in connection with use of fenoxaprop-ethyl under section 18 emergency exemptions granted by EPA. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-chloro-2benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity. The tolerances expire and are revoked on the dates specified in the table in this paragraph. 12. Flumetsulam. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to redesignate the existing paragraph from 40 CFR 180.468 to 180.468(a) and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.468(a) to read as follows: erowe on DSK5CLS3C1PROD with PROPOSALS Tolerances are established for residues of the herbicide flumetsulam, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only flumetsulam, N-(2,6-difluorophenyl)-5-methyl-(1,2,4)triazolo-(1,5a)-pyrimidine-2-sulfonamide, in or on the commodity. In accordance with current Agency practice, EPA is proposing to amend 40 CFR 180.468 by adding separate paragraphs (b), (c), and (d), and reserving those paragraphs for tolerance exemptions for section 18 emergency exemptions, tolerances with regional registrations, and tolerances with indirect or inadvertent residues, respectively. In addition, EPA is proposing to revise commodity terminology to conform to current Agency practice in newly designated 40 CFR 180.468(a) as follows: ‘‘bean, dry’’ to ‘‘bean, dry, seed;’’ and ‘‘soybean’’ to ‘‘soybean, seed.’’ 13. Flumiclorac pentyl. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.477(a) to read as follows: Tolerances are established for residues of the herbicide flumiclorac pentyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 specified in this paragraph is to be determined by measuring only flumiclorac pentyl, pentyl(2-chloro-4-fluoro-5(1,3,4,5,6,7-hexahydro-1,3-dioxo-2Hisoindol-2-yl)phenoxy)acetate, in or on the commodity. 14. Fluridone. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to redesignate the existing paragraph from 40 CFR 180.420(a) to 180.420(a)(1), add a table for existing commodities, and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.420(a)(1) to read as follows: Tolerances are established for residues of the herbicide fluridone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fluridone, 1-methyl-3-phenyl-5-(3-(trifluoro methyl)phenyl)-4(1H)-pyridinone, and its bound residues, calculated as the stoichiometric equivalent of fluridone, in or on the commodity. Also, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to redesignate the existing paragraph from 40 CFR 180.420(b) to 180.420(a)(2) and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.420(a)(2) to read as follows: Tolerances are established for residues of the herbicide fluridone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fluridone, 1methyl-3-phenyl-5-(3-(trifluoromethyl) phenyl)-4(1H)-pyridinone, in or on the commodity. In addition, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to redesignate the existing paragraph from 40 CFR 180.420(c) to 180.420(d) and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.420(d) to read as follows: Tolerances are established for indirect or inadvertent residues of the herbicide fluridone, including its metabolites and degradates, in or on the irrigated crop commodities and crop groupings in the table in this paragraph, resulting from use of irrigation water containing residues of 0.15 ppm following applications of fluridone on or around aquatic sites. Where tolerances are established at higher levels from other uses of fluridone on the following crops, the higher tolerance also applies to residues in the irrigated commodity. Compliance with PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 the tolerance levels specified in this paragraph is to be determined by measuring only fluridone, 1-methyl-3-phenyl-5-(3(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity. In accordance with current Agency practice, EPA is proposing to amend 40 CFR 180.420 by adding separate paragraphs (b) and (c), and reserving those paragraphs for tolerance exemptions for section 18 emergency exemptions and tolerances with regional registrations, respectively. In addition, EPA is proposing to revise commodity terminology to conform to current Agency practice in the table to newly designated 40 CFR 180.420(d) as follows: ‘‘citrus’’ to ‘‘fruit, citrus, group 10;’’ ‘‘cucurbits’’ to ‘‘vegetable, cucurbit, group 9;’’ ‘‘fruit, pome’’ to ‘‘fruit, pome, group 11; ‘‘fruit, small’’ to ‘‘berry, group 13;’’ ‘‘cranberry;’’ ‘‘grape;’’ and ‘‘strawberry;’’ ‘‘fruit, stone’’ to ‘‘fruit, stone, group 12; ‘‘grain, crop’’ to ‘‘grain, cereal, group 15’’ and ‘‘grain, cereal, forage, fodder and straw, group 16;’’ ‘‘legume, forage’’ to ‘‘animal feed, nongrass, group 18;’’ nut’’ to ‘‘nut, tree, group 14;’’ ‘‘vegetable, fruiting’’ to ‘‘vegetable, fruiting, group 8;’’ ‘‘vegetable, leafy’’ to ‘‘vegetable, leafy, except brassica, group 4’’ and ‘‘vegetable, brassica, leafy, group 5;’’ ‘‘vegetable, root crop’’ to ‘‘vegetable, root and tuber, group 1’’ and ‘‘vegetable, leaves of root and tuber, group 2;’’ ‘‘vegetable, seed and pod’’ to ‘‘vegetable, legume, group 6’’ and ‘‘okra.’’ 15. Fomesafen. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.433(a) to read as follows: Tolerances are established for residues of the herbicide fomesafen, including its metabolites and degradates, in or on the commodities in the table in this paragraph from the application of its sodium salt. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fomesafen, 5(2-chloro-4-(trifluoromethyl)phenoxy)-N(methylsulfonyl)-2-nitrobenzamide, in or on the commodity. 16. Fosthiazate. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.596(a) to read as follows: A tolerance is established for residues of the insecticide fosthiazate, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only the sum of fosthiazate, O-ethyl S-(1-methylpropyl)(2- E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules oxo-3-thiazolidinyl)phosphonothioate, and its metabolite, O-ethyl S-(1-methylpropyl)(2(methylsulfonyl)ethyl)phosphorami dothioate, calculated as the stoichiometric equivalent of fosthiazate, in or on the commodity. 17. Glufosinate ammonium. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.473(a) to read as follows: Tolerances are established for residues of the herbicide glufosinate ammonium, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of glufosinate ammonium, 2-amino-4-(hydroxy methylphosphinyl)butanoic acid monoammonium salt, and its metabolites, 2acetamido-4-methylphosphinicobutanoic acid and 3-methylphosphinicopropionic acid, calculated as the stoichiometric equivalent of 2-amino-4-(hydroxymethylphos phinyl)butanoic acid, in or on the commodity. Also, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.473(d) to read as follows: Tolerances are established for indirect or inadvertent residues of the herbicide glufosinate ammonium, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of glufosinate ammonium to crops listed in the table in paragraph (a) of this section. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of glufosinate ammonium, 2-amino-4-(hydroxy methylphosphinyl)butanoic acid monoammonium salt, and its metabolite, 3methylphosphinicopropionic acid, calculated as the stoichiometric equivalent of 2-amino4-(hydroxymethylphosphinyl)butanoic acid, in or on the commodity. erowe on DSK5CLS3C1PROD with PROPOSALS 18. Lactofen. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.432(a) to read as follows: Tolerances are established for residues of the herbicide lactofen, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only lactofen, 2ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4(trifluoromethyl)phenoxy]-2-nitrobenzoate, in or on the commodity. Also, in order to describe more clearly the measurement and scope or coverage VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.432(c) to read as follows: Tolerances with regional registration are established for residues of the herbicide lactofen, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4(trifluoromethyl)phenoxy]-2-nitrobenzoate, in or on the commodity. 19. Oxytetracycline. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to designate the existing paragraph in 40 CFR 180.337 as § 180.337(a) and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.337(a) to read as follows: Tolerances are established for residues of the fungicide/bactericide oxytetracycline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4(dimethylamino)-1,4,4a,5,5a,6,11,12aoctahydro-3,5,6,10,12,12a-hexahydroxy-6methyl-1,11-dioxo-2-naphthacene carboxamide, in or on the commodity. In accordance with current Agency practice, EPA is proposing to revise 40 CFR 180.337 by adding separate paragraphs (b), (c), and (d), and reserving those paragraphs for section 18 emergency exemptions, tolerances with regional registrations, and tolerances with indirect or inadvertent residues, respectively. 20. Propetamphos. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing in 40 CFR 180.541 to remove paragraphs (a)(1), (a)(2), and (a)(3) and revise paragraph (a), including the introductory text containing the tolerance expression, to read as follows: A tolerance of 0.1 part per million is established for residues of the insecticide propetamphos, including its metabolites and degradates, in or on food or feed commodities when present therein as a result of the treatment of food- or feed-handling establishments with propetamphos. Direct application shall be limited solely to spot and/or crack and crevice treatment in foodor feed-handling establishments where food or feed and food or feed products are held, processed, prepared, served, or sold. Spray and dust concentrations shall be limited to a maximum of 1 percent active ingredient. For crack and crevice treatment, equipment capable of delivering a dust or a pin-stream of spray directly into cracks and crevices shall be used. For spot treatment, a coarse, PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 44189 low-pressure spray shall be used to avoid contamination of food, feed, or food-contact/ feed-contact surfaces. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only propetamphos, 1-methylethyl-(2E)-3-((ethyl amino)methoxyphosphinothioyl)oxy)-2butenoate, in or on the commodity. 21. Propyzamide. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.317(a) to read as follows: Tolerances are established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl) benzamide, in or on the commodity. Also, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.317(c) to read as follows: Tolerances with regional registration are established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)ben zamide, in or on the commodity. In addition, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.317(d) to read as follows: Tolerances are established for indirect or inadvertent residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2propynyl)benzamide, in or on the commodity. 22. Pyridate. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.462(a) to read as follows: Tolerances are established for residues of the herbicide pyridate, including its E:\FR\FM\28JYP1.SGM 28JYP1 44190 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of pyridate, O-(6-chloro-3-phenyl-4-pyrid azinyl)-S-octyl-carbonothioate, and its metabolites, 6-chloro-3-phenyl-pyridazine-4ol and conjugates of 6-chloro-3-phenyl-pyrid azine-4-ol, calculated as the stoichiometric equivalent of pyridate, in or on the commodity. 23. Quinclorac. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.463(a) to read as follows: Tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, in or on the commodity. Also, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.463(b) to read as follows: Time-limited tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, in or on the commodity. The tolerance expires and is revoked on the date specified in the table in this paragraph. 24. Tebufenozide. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.482(a)(1) to read as follows: erowe on DSK5CLS3C1PROD with PROPOSALS Tolerances are established for residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-dimethyl ethyl)-2-(4-ethylbenzoyl)hydrazide, in or on the commodity. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.482(a)(2) to read as follows: Tolerances are established for residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydra zide, and its metabolites, 3,5-dimethyl benzoic acid 1-(1,1-dimethylethyl)-2-((4-car boxymethyl)benzoyl)hydrazide, 3-hydroxy methyl-5-methylbenzoic acid 1-(1,1-dimethyl ethyl)-2-(4-ethylbenzoyl)hydrazide, stearic acid conjugate of 3-hydroxymethyl-5-methyl benzoic acid 1-(1,1-dimethylethyl)-2-(4-ethyl benzoyl)hydrazide, and 3-hydroxymethyl-5methylbenzoic acid 1-(1,1-dimethylethyl)-2(4-(1-hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric equivalent of tebufenozide, in or on the commodity. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.482(d) to read as follows: Tolerances are established for indirect or inadvertent residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of tebufenozide to growing crops listed in paragraph (a)(1) of this section. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydra zide, and its metabolite, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-(1-hydroxy ethyl)benzoyl)hydrazide calculated as the stoichiometric equivalent of tebufenozide, in or on the commodity. B. What is the Agency’s Authority for Taking this Action? A ‘‘tolerance’’ represents the maximum level for residues of pesticide chemicals legally allowed in or on raw agricultural commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, as amended by FQPA of 1996, Public Law 104–170, authorizes the establishment of tolerances, exemptions from tolerance requirements, modifications in tolerances, and revocation of tolerances for residues of pesticide chemicals in or on raw agricultural commodities and processed foods. Without a tolerance or exemption, food containing pesticide residues is considered to be unsafe and therefore ‘‘adulterated’’ under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such food may not be distributed in interstate commerce (21 U.S.C. 331(a)). For a fooduse pesticide to be sold and distributed, the pesticide must not only have appropriate tolerances under the FFDCA, but also must be registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not registered in the United States must have tolerances in PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 order for commodities treated with those pesticides to be imported into the United States. EPA’s general practice is to propose revocation of tolerances/tolerance exemptions for residues of pesticide active ingredients on crops for which FIFRA registrations no longer exist and on which the pesticide may therefore no longer be used in the United States. EPA has historically been concerned that retention of tolerances that are not necessary to cover residues in or on legally treated foods may encourage misuse of pesticides within the United States. Nonetheless, EPA will establish and maintain tolerances even when corresponding domestic uses are canceled if the tolerances, which EPA refers to as ‘‘import tolerances,’’ are necessary to allow importation into the United States of food containing such pesticide residues. However, where there are no imported commodities that require these import tolerances, the Agency believes it is appropriate to revoke tolerances for unregistered pesticides in order to prevent potential misuse. Furthermore, as a general matter, the Agency believes that retention of import tolerances not needed to cover any imported food may result in unnecessary restriction on trade of pesticides and foods. Under section 408 of FFDCA, a tolerance/tolerance exemption may only be established or maintained if EPA determines that the tolerance is safe based on a number of factors, including an assessment of the aggregate exposure to the pesticide and an assessment of the cumulative effects of such pesticide and other substances that have a common mechanism of toxicity. In doing so, EPA must consider potential contributions to such exposure from all tolerances. If the cumulative risk is such that the tolerances in aggregate are not safe, then every one of these tolerances is potentially vulnerable to revocation. Furthermore, if unneeded tolerances are included in the aggregate and cumulative risk assessments, the estimated exposure to the pesticide would be inflated. Consequently, it may be more difficult for others to obtain needed tolerances or to register needed new uses. To avoid potential trade restrictions, the Agency is proposing to revoke tolerances/ tolerance exemptions for residues on crops for which FIFRA registrations no longer exist, unless someone expresses a need for such tolerances/tolerance exemptions. Through this proposed rule, the Agency is inviting individuals who need these import tolerances to identify themselves and the tolerances E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules that are needed to cover imported commodities. Parties interested in retention of the tolerances/tolerance exemptions should be aware that additional data may be needed to support retention. These parties should be aware that, under FFDCA section 408(f), if the Agency determines that additional information is reasonably required to support the continuation of a tolerance, EPA may require that parties interested in maintaining the tolerances provide the necessary information. If the requisite information is not submitted, EPA may issue an order revoking the tolerance/ tolerance exemption at issue. erowe on DSK5CLS3C1PROD with PROPOSALS C. When Do These Actions Become Effective? EPA is proposing that revision of specific tolerance expressions proposed herein, revocation of the tolerances for aluminum tris(O-ethylphosphonate) on pineapple fodder and forage, and revision of specific commodity terminologies (tolerance nomenclatures) for aluminum tris(O-ethylphosphonate), clethodim, flumetsulam, and fluridone become effective on the date of publication of the final rule in the Federal Register. If you have comments, please submit comments as described under SUPPLEMENTARY INFORMATION. Any commodities listed in this proposal treated with the pesticides subject to this proposal, and in the channels of trade following the tolerance revocations, shall be subject to FFDCA section 408(l)(5), as established by FQPA. Under this unit, any residues of these pesticides in or on such food shall not render the food adulterated so long as it is shown to the satisfaction of the Food and Drug Administration that: 1. The residue is present as the result of an application or use of the pesticide at a time and in a manner that was lawful under FIFRA, and 2. The residue does not exceed the level that was authorized at the time of the application or use to be present on the food under a tolerance or exemption from tolerance. Evidence to show that food was lawfully treated may include records that verify the dates when the pesticide was applied to such food. III. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 The Codex Alimentarius is a joint U.N. Food and Agriculture Organization/ World Health Organization food standards program, and it is recognized as an international food safety standardS-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established a MRL for aluminum tris (Oethylphosphonate), butylate, chlorethoxyfos, clomazone, fenoxapropethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen, fosthiazate, lactofen, oxytetracycline (pesticide use), propetamphos, propyzamide, pyridate, and quinclorac, or MRL on rice grain for etofenprox. The Codex has established MRLs for clethodim in or on various commodities including beans (dry) at 2 milligrams per kilogram (mg/kg), beans, except broad bean and soybean at 0.5 mg/kg, cotton seed at 0.5 mg/kg, eggs at 0.05 mg/kg, field pea (dry) at 2 mg/kg, onion, bulb at 0.5 mg/kg, peanut at 5 mg/kg, sugar beet at 0.1 mg/kg, and sunflower seed at 0.5 mg/kg. These MRLs are different than the tolerances established for clethodim in the United States because of differences in use patterns and/or good agricultural practices. However, the changes in the U.S. tolerance expression which are proposed herein would harmonize U.S. tolerances with Codex MRLs for edible offal (mammalian), meat (from mammals other than marine mammals), milks, potato, poultry meat, poultry edible offal, soybean (dry), and tomato. The Codex has established MRLs for clofentezine in or on various commodities including edible offal (mammalian) at 0.05 mg/kg, grapes at 2 mg/kg, milks at 0.05 mg/kg, stone fruits at 0.5 mg/kg, and tree nuts at 0.5 mg/ kg. These MRLs are different than the tolerances established for clofentezine in the United States because of differences in residue definition for animal commodities and use patterns and/or good agricultural practices for plant commodities. The Codex has established MRLs for cyromazine in or on various commodities with a residue definition of the parent compound only for compliance, including edible offal (mammalian) at 0.3 mg/kg, eggs at 0.3 mg/kg, fruiting vegetables other than cucurbits at 1 mg/kg, meat (from mammals other than marine mammals) at 0.3 mg/kg, milks at 0.01 mg/kg, mushrooms at 7 mg/kg, onion, bulb at 0.1 mg/kg, peppers, chili (dry) at 10 mg/ PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 44191 kg, poultry meat at 0.1 mg/kg, and poultry, edible offal at 0.2 mg/kg. These MRLs are different than the tolerances established for cyromazine in the United States because of differences in use patterns and/or good agricultural practices. The Codex has established MRLs for fenarimol in or on various commodities with a residue definition of the parent compound only for compliance, including banana at 0.2 mg/kg, cattle kidney at 0.02 mg/kg, cattle meat at 0.02 mg/kg, grape at 0.3 mg/kg, and pome fruits at 0.3 mg/kg. These MRLs are different than the tolerances established for fenarimol in the United States because of differences in use patterns and/or good agricultural practices. The Codex has established MRLs for fenbutatin-oxide in or on various commodities with a residue definition of the parent compound only for compliance, including cherries at 10 mg/kg, citrus fruits at 5 mg/kg, citrus pulp, dry at 25 mg/kg, and cucumber at 0.5 mg/kg. These MRLs are different than the tolerances established for fenbutatin-oxide in the United States because of differences in use patterns and/or good agricultural practices. The Codex has established MRLs for glufosinate ammonium in or on various commodities including banana at 0.2 mg/kg, berries and other small fruits at 0.1 mg/kg, edible offal (mammalian) at 0.1 mg/kg, eggs at 0.05 mg/kg, milks at 0.02 mg/kg, potato at 0.5 mg/kg, poultry meat at 0.05 mg/kg, poultry, edible offal at 0.1 mg/kg, rape seed at 5 mg/kg, and sugar beet at 0.05 mg/kg. These MRLs are different than the tolerances established for glufosinate ammonium in the United States because of differences in the residue definitions. The Codex has established MRLs for tebufenozide in or on various commodities with a residue definition of the parent compound only for compliance, including almond hulls at 30 mg/kg, citrus fruits at 2 mg/kg, cranberry at 0.5 mg/kg, edible offal (mammalian) at 0.02 mg/kg, grapes at 2 mg/kg, leafy vegetables at 10 mg/kg, meat (from mammals other than marine mammals) at 0.05 mg/kg, milks at 0.01 mg/kg, mints at 20 mg/kg, pome fruits at 1 mg/kg, and walnuts at 0.05 mg/kg. These MRLs are different than the tolerances established for tebufenozide in the United States because of differences in residue definition for animal commodities and use patterns and/or good agricultural practices for plant commodities. E:\FR\FM\28JYP1.SGM 28JYP1 erowe on DSK5CLS3C1PROD with PROPOSALS 44192 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules IV. Statutory and Executive Order Reviews In this proposed rule, EPA is proposing to revise tolerance expressions to describe more clearly the measurement and scope or coverage of the tolerances, and revoke the tolerances for aluminum tris(O-ethylphosphonate) on pineapple fodder and forage. The Office of Management and Budget (OMB) has exempted these types of actions (e.g., tolerance actions for which extraordinary circumstances do not exist) from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because this proposed rule has been exempted from review under Executive Order 12866 due to its lack of significance, this proposed rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This proposed rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). Nor does it require any special considerations as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review or any other Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously assessed whether establishment of tolerances, exemptions from tolerances, raising of tolerance levels, expansion of exemptions, or revocations might significantly impact a substantial number of small entities and concluded that, as a general matter, these actions do not impose a significant economic impact on a substantial number of small entities. These analyses for tolerance establishments and modifications, and for tolerance revocations were published on May 4, VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020) (FRL–5753–1), respectively, and were provided to the Chief Counsel for Advocacy of the Small Business Administration. Taking into account this analysis, and available information concerning the pesticides listed in this proposed rule, the Agency hereby certifies that this proposed rule will not have a significant negative economic impact on a substantial number of small entities. In a memorandum dated May 25, 2001, EPA determined that eight conditions must all be satisfied in order for an import tolerance or tolerance exemption revocation to adversely affect a significant number of small entity importers, and that there is a negligible joint probability of all eight conditions holding simultaneously with respect to any particular revocation. (This Agency document is available in the docket of this proposed rule). Furthermore, for the pesticide named in this proposed rule, the Agency knows of no extraordinary circumstances that exist as to the present proposal that would change the EPA’s previous analysis. Any comments about the Agency’s determination should be submitted to the EPA along with comments on the proposal, and will be addressed prior to issuing a final rule. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This proposed rule directly regulates growers, food processors, food handlers, and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. For these same reasons, the Agency has determined that this proposed rule does not have any ‘‘tribal PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’ is defined in the Executive order to include regulations that have ‘‘substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ This proposed rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this proposed rule. List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: July 15, 2010. Steven Bradbury, Director, Office of Pesticide Programs. Therefore, it is proposed that 40 CFR chapter I be amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.232 revise the introductory text in paragraph (a) to read as follows. § 180.232 Butylate; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide butylate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only butylate, S-ethyl bis(2methylpropyl)carbamothioate, in or on the commodity. * * * * * 3. Section 180.317 is amended as follows: i. Revise the introductory text in paragraph (a); ii. Revise paragraph (b); E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules § 180.317 Propyzamide; tolerances for residues. erowe on DSK5CLS3C1PROD with PROPOSALS (a) * * * Tolerances are established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1dimethyl-2-propynyl)benzamide, in or on the commodity. * * * * * (b) Section 18 emergency exemptions. [Reserved] (c) * * * Tolerances with regional registration are established for residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1dimethyl-2-propynyl)benzamide, in or on the commodity. * * * * * (d) * * * Tolerances are established for indirect or inadvertent residues of the herbicide propyzamide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only those propyzamide residues convertible to methyl 3,5dichlorobenzoate, expressed as the stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1dimethyl-2-propynyl)benzamide, in or on the commodity. * * * * * 4. Revise § 180.337 to read as follows: § 180.337 Oxytetracycline; tolerances for residues. (a) General. Tolerances are established for residues of the fungicide/bactericide oxytetracycline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 degradates, in or on the plant commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only fenbutatin-oxide, hexakis (2-methyl-2phenylpropyl)distannoxane, in or on the Parts per mil- commodity. Commodity lion * * * * * 6. Section 180.414 is amended as Apple ..................................... 0.35 Peach .................................... 0.35 follows: i. Revise the introductory text in Pear ...................................... 0.35 paragraph (a)(1); ii. Revise paragraph (a)(2); (b) Section 18 emergency exemptions. iii. Revise the introductory text in [Reserved] paragraph (d). (c) Tolerances with regional The revised reads as follows: registrations. [Reserved] (d) Indirect or inadvertent residues. § 180.414 Cyromazine; tolerances for [Reserved] residues. 5. Section 180.362 is amended as (a) * * * (1) Tolerances are follows: established for residues of the i. Revise the section heading; insecticide cyromazine, including its ii. Revise the introductory text in metabolites and degradates, in or on the paragraph (a)(1); commodities in the table in this iii. Revise the introductory text in paragraph. Compliance with the paragraph (a)(2); tolerance levels specified in this iv. Revise the introductory text in paragraph is to be determined by paragraph (c). measuring only cyromazine, NThe revised text read as follows: cyclopropyl-1,3,5-triazine-2,4,6§ 180.362 Fenbutatin-oxide; tolerances for triamine, in or on the commodity. residues. * * * * * (a) * * * (1) Tolerances are (2) A tolerance of 5.0 parts per million established for residues of the miticide/ is established for residues of the acaricide fenbutatin-oxide, including its insecticide cyromazine, including its metabolites and degradates, in or on the metabolites and degradates, in or on plant commodities in the table in this poultry feed when used as a feed paragraph. Compliance with the additive only in feed for chicken layer tolerance levels specified in this hens and chicken breeder hens at the paragraph is to be determined by rate of not more than 0.01 pound of measuring only fenbutatin-oxide, cyromazine per ton of poultry feed for hexakis (2-methyl-2control of flies in manure of treated phenylpropyl)distannoxane, in or on the chicken layer hens and chicken breeder commodity. hens, provided the feeding of * * * * * cyromazine-treated feed must stop at (2) Tolerances are established for least 3 days (72 hours) before slaughter. residues of the miticide/acaricide If the feed is formulated by any person fenbutatin-oxide, including its other than the end user, the formulator metabolites and degradates, in or on the must inform the end user, in writing, of animal commodities in the table in this the 3–day (72 hours) pre-slaughter paragraph. Compliance with the interval. Compliance with the tolerance tolerance levels specified in this level specified in this paragraph is to be paragraph is to be determined by determined by measuring only measuring only the sum of fenbutatincyromazine, N-cyclopropyl-1,3,5oxide, hexakis (2-methyl-2triazine-2,4,6-triamine, in or on the phenylpropyl)distannoxane, and its commodity. organotin metabolites, dihydroxybis(2* * * * * methyl-2-phenylpropyl)stannane and 2(d) * * * Tolerances are established methyl-2-phenylpropylstannoic acid, for the indirect or inadvertent residues calculated as the stoichiometric of the insecticide cyromazine, including equivalent of fenbutatin-oxide, in or on its metabolites and degradates, in or on the commodity. the commodities in the table in this * * * * * paragraph when present therein as a (c) * * * A tolerance with regional result of the application of cyromazine registration is established for residues of to growing crops listed in paragraph the miticide/acaricide fenbutatin-oxide, (a)(1) of this section. Compliance with including its metabolites and the tolerance levels specified in this this paragraph is to be determined by measuring only oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethyl amino)-1,4,4a,5,5a,6,11,12a-octahydro3,5,6,10,12,12a-hexahydroxy-6-methyl1,11-dioxo-2-naphthacenecarboxamide, in or on the commodity. iii. Revise the introductory text in paragraph (c); iv. Revise the introductory text in paragraph (d). The revised text reads as follows: 44193 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\28JYP1.SGM 28JYP1 44194 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules § 180.420 Fluridone; tolerances for residues. (c) Tolerances with regional registrations. [Reserved] (a) General. (1) Tolerances are (d) Indirect or inadvertent residues. established for residues of the herbicide Tolerances are established for indirect fluridone, including its metabolites and or inadvertent residues of the herbicide degradates, in or on the commodities in fluridone, including its metabolites and the table in this paragraph. Compliance degradates, in or on the irrigated crop with the tolerance levels specified in commodities and crop groupings in the this paragraph is to be determined by table in this paragraph, resulting from measuring only the sum of fluridone, 1- use of irrigation water containing methyl-3-phenyl-5-(3residues of 0.15 ppm following (trifluoromethyl)phenyl)-4(1H)applications of fluridone on or around pyridinone, and its bound residues, § 180.415 Aluminum tris (Oaquatic sites. Where tolerances are ethylphosphonate); tolerances for residues. calculated as the stoichiometric established at higher levels from other equivalent of fluridone, in or on the (a) General. Tolerances are uses of fluridone on the following crops, established for residues of the fungicide commodity. the higher tolerance also applies to aluminum tris(O-ethylphosphonate), residues in the irrigated commodity. Parts per milincluding its metabolites and Commodity Compliance with the tolerance levels lion degradates, in or on the commodities in specified in this paragraph is to be the table in this paragraph. Compliance Crayfish ................................. 0.5 determined by measuring only with the tolerance levels specified in Fish ....................................... 0.5 fluridone, 1-methyl-3-phenyl-5-(3this paragraph is to be determined by (trifluoromethyl)phenyl)-4(1H)measuring only aluminum tris(O(2) Tolerances are established for pyridinone, in or on the commodity. ethylphosphonate), in or on the residues of the herbicide fluridone, commodity. including its metabolites and Parts per milCommodity lion degradates, in or on the commodities in Parts per mil- the table in this paragraph. Compliance Commodity lion Animal feed, nongrass, with the tolerance levels specified in group 18 ............................ 0.15 this paragraph is to be determined by Avocado ................................ 25 Avocado ................................ 0.1 Banana ................................. 3.0 measuring only fluridone, 1-methyl-3Berry, group 13 ..................... 0.1 phenyl-5-(3-(trifluoromethyl)phenyl)Bushberry subgroup 13B ...... 40 Cotton, undelinted seed ....... 0.1 Caneberry subgroup 13A ..... 0.1 4(1H)-pyridinone, in or on the Cranberry .............................. 0.1 Cranberry .............................. 0.5 commodity. Fruit, citrus, group 10 ........... 0.1 paragraph is to be determined by measuring only cyromazine, Ncyclopropyl-1,3,5-triazine-2,4,6triamine, in or on the commodity. * * * * * 7. Section 180.415 is amended as follows: i. Revise paragraph (a); ii. Revise the introductory text in paragraph (c). The revised text reads as follows: Fruit, citrus, group 10 ........... Fruit, pome, group 11 ........... Ginseng ................................ Hop, dried cones .................. Juneberry .............................. Lingonberry ........................... Nut, macadamia ................... Onion, bulb ........................... Onion, green ......................... Pea, succulent ...................... Pineapple .............................. Salal ...................................... Strawberry ............................ Tomato .................................. Turnip, greens ...................... Turnip, roots ......................... Vegetable, brassica, leafy, group 5 .............................. Vegetable, cucurbit, group 9 Vegetable, leafy, except brassica, group 4 .............. 5.0 10 0.1 45 40 40 0.20 0.5 10.0 0.3 0.1 40 75 3 40 15 60 15 100 erowe on DSK5CLS3C1PROD with PROPOSALS * * * * * (c) * * * Tolerances with regional registration are established for residues of the fungicide aluminum tris(Oethylphosphonate), including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only aluminum tris(Oethylphosphonate), in or on the commodity. * * * * * 8. Revise § 180.420 to read as follows: VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 Parts per million Commodity Cattle, fat .............................. Cattle, kidney ........................ Cattle, liver ............................ Cattle, meat .......................... Cattle, meat byproducts ....... Egg ....................................... Goat, fat ................................ Goat, kidney ......................... Goat, liver ............................. Goat, meat ............................ Goat, meat byproducts ......... Hog, fat ................................. Hog, kidney ........................... Hog, liver .............................. Hog, meat ............................. Hog, meat byproducts .......... Horse, fat .............................. Horse, kidney ........................ Horse, liver ........................... Horse, meat .......................... Horse, meat byproducts ....... Milk ....................................... Poultry, fat ............................ Poultry, kidney ...................... Poultry, liver .......................... Poultry, meat ........................ Poultry, meat byproducts ...... Sheep, fat ............................. Sheep, kidney ....................... Sheep, liver ........................... Sheep, meat ......................... Sheep, meat byproducts ...... 0.05 0.1 0.1 0.05 0.05 0.05 0.05 0.1 0.1 0.05 0.05 0.05 0.1 0.1 0.05 0.05 0.05 0.1 0.1 0.05 0.05 0.05 0.05 0.01 0.01 0.05 0.05 0.05 0.1 0.1 0.05 0.05 (b) Section 18 emergency exemptions. [Reserved] PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Fruit, pome, group 11 ........... Fruit, stone, group 12 ........... Grain, cereal, forage, fodder and straw, group 16 .......... Grain, cereal, group 15 ........ Grape .................................... Grass, forage ........................ Hop, dried cones .................. Nut, tree, group 14 ............... Okra ...................................... Strawberry ............................ Vegetable, brassica, leafy, group 5 .............................. Vegetable, cucurbit, group 9 Vegetable, fruiting, group 8 .. Vegetable, leafy, except brassica, group 4 .............. Vegetable, leaves of root and tuber, group 2 ............ Vegetable, legume, group 6 Vegetable, root and tuber, group 1 .............................. 0.1 0.1 0.1 0.1 0.1 0.15 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 9. In § 180.421 revise the introductory text in paragraph (a) to read as follows: § 180.421 Fenarimol; tolerances for residues. (a) * * * Tolerances are established for residues of the fungicide fenarimol, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fenarimol, alpha-(2chlorophenyl)-alpha-(4-chlorophenyl)-5- E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules pyrimidinemethanol, in or on the commodity. * * * * * 10. In § 180.425 revise the introductory text in paragraph (a) to read as follows. § 180.425 Clomazone; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide clomazone, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only clomazone, 2-(2-chloro phenyl)methyl-4,4-dimethyl-3-isoxa zolidinone, in or on the commodity. * * * * * 11. Section 180.430 is amended as follows: i. Revise the introductory text in paragraph (a); ii. Revise the introductory text in paragraph (b). The revised text reads as follows: erowe on DSK5CLS3C1PROD with PROPOSALS § 180.430 Fenoxaprop-ethyl; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenoxapropethyl, (±)-ethyl 2-[4-[(6-chloro-2-benzoxa zolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-chloro-2-benzoxa zolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity. * * * * * (b) * * * Time-limited tolerances are established for residues of the herbicide fenoxaprop-ethyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph in connection with use of fenoxaprop-ethyl under section 18 emergency exemptions granted by EPA. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6chloro-2-benzoxazolyl)oxy]phenoxy] propanoate, and its metabolites, 2-[4-[(6chloro-2-benzoxazolyl)oxy]phenoxy] propanoic acid and 6-chloro-2,3-di hydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of fenoxaprop-ethyl, in or on the commodity. The tolerances expire and VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 are revoked on the dates specified in the table in this paragraph. * * * * * 12. Section 180.432 is amended as follows: i. Revise the introductory text in paragraph (a); ii. Revise the introductory text in paragraph (c). The revised text reads as follows: § 180.432 Lactofen; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide lactofen, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only lactofen, 2-ethoxy-1methyl-2-oxoethyl 5-[2-chloro-4(trifluoromethyl)phenoxy]-2-nitro benzoate, in or on the commodity. * * * * * (c) * * * Tolerances with regional registration are established for residues of the herbicide lactofen, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only lactofen, 2-ethoxy-1methyl-2-oxoethyl 5-[2-chloro-4(trifluoromethyl)phenoxy]-2-nitro benzoate, in or on the commodity. * * * * * 13. In § 180.433 revise the introductory text in paragraph (a) to read as follows. § 180.433 Fomesafen; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide fomesafen, including its metabolites and degradates, in or on the commodities in the table in this paragraph from the application of its sodium salt. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only fomesafen, 5-(2-chloro-4-(trifluoro methyl)phenoxy)-N-(methylsulfonyl)-2nitrobenzamide, in or on the commodity. * * * * * 14. Section 180.446 is amended as follows: i. Revise the introductory text in paragraph (a)(1); ii. Revise the introductory text in paragraph (a)(2). The revised text reads as follows: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 44195 § 180.446 Clofentezine; tolerances for residues. (a) * * * (1) Tolerances are established for residues of the insecticide clofentezine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only clofentezine, 3,6-bis(2chlorophenyl)-1,2,4,5-tetrazine, in or on the commodity. * * * * * (2) Tolerances are established for residues of the insecticide clofentezine, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-tetra zine, and its metabolite, 3-(2-chloro-4hydroxyphenyl)-6-(2-chlorophenyl)1,2,4,5-tetrazine, calculated as the stoichiometric equivalent of clofentezine, in or on the commodity. * * * * * 15. Revise § 180.458 to read as follows: § 180.458 Clethodim; tolerances for residues. (a) General. Tolerances are established for residues of the herbicide clethodim, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of clethodim, 2[(1E)-1-[[[(2E)-3-chloro-2-propenyl] oxy]imino]propyl]-5-[2-(ethylthio) propyl]-3-hydroxy-2-cyclohexen-1-one, and its metabolites containing the 5-(2ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-hydroxycyclo hexene-3-one moieties and their sulphoxides and sulphones, calculated as the stoichiometric equivalent of clethodim, in or on the commodity. Commodity Alfalfa, forage ....................... Alfalfa, hay ............................ Artichoke, globe .................... Asparagus ............................. Bean, dry, seed .................... Beet, sugar, molasses .......... Beet, sugar, roots ................. Beet, sugar, tops .................. Brassica, head and stem, subgroup 5A ...................... Brassica, leafy greens, subgroup 5B ........................... Bushberry subgroup 13-07B Caneberry subgroup 13-07A E:\FR\FM\28JYP1.SGM 28JYP1 Parts per million 6.0 10 1.2 1.7 2.5 1.0 0.20 1.0 3.0 3.0 0.20 0.30 44196 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules erowe on DSK5CLS3C1PROD with PROPOSALS Commodity (d) Indirect or inadvertent residues. [Reserved] 16. In § 180.462 revise the 1.0 introductory text in paragraph (a) to 0.50 read as follows: Parts per million Canola, meal ........................ Canola, seed ........................ Cattle, fat .............................. Cattle, meat .......................... Cattle, meat byproducts ....... Clover, forage ....................... Clover, hay ........................... Corn, field, forage ................. Corn, field, grain ................... Corn, field, stover ................. Cotton, meal ......................... Cotton, undelinted seed ....... Cranberry .............................. Egg ....................................... Flax, meal ............................. Flax, seed ............................. Goat, fat ................................ Goat, meat ............................ Goat, meat byproducts ......... Herb subgroup 19A .............. Hog, fat ................................. Hog, meat ............................. Hog, meat byproducts .......... Hop, dried cones .................. Horse, fat .............................. Horse, meat .......................... Horse, meat byproducts ....... Leaf petioles subgroup 4B ... Leafy greens subgroup 4A ... Melon subgroup 9A .............. Milk ....................................... Mustard, seed ....................... Onion, bulb ........................... Onion, green ......................... Peach .................................... Peanut .................................. Peanut, hay .......................... Peanut, meal ........................ Peppermint, tops .................. Potato ................................... Potato, granules/flakes ......... Poultry, fat ............................ Poultry, meat ........................ Poultry, meat byproducts ...... Radish, tops .......................... Safflower, meal ..................... Safflower, seed ..................... Sesame, seed ....................... Sheep, fat ............................. Sheep, meat ......................... Sheep, meat byproducts ...... Soybean ................................ Soybean, soapstock ............. Spearmint, tops .................... Squash/cucumber subgroup 9B ...................................... Strawberry ............................ Sunflower, meal .................... Sunflower, seed .................... Turnip, greens ...................... Vegetable, fruiting, group 8 .. Vegetable, legume, group 6, except soybean ................. Vegetable, root, except sugar beet, subgroup 1B .. Vegetable, tuberous and corm, subgroup 1C ........... 0.2 0.2 0.2 10.0 20.0 0.2 0.2 0.2 2.0 1.0 0.50 0.2 1.0 0.6 0.2 0.2 0.2 12.0 0.2 0.2 0.2 0.5 0.2 0.2 0.2 0.60 2.0 2.0 0.05 0.50 0.20 2.0 0.20 3.0 3.0 5.0 5.0 0.5 2.0 0.2 0.2 0.2 0.70 10.0 5.0 0.35 0.2 0.2 0.2 10.0 15.0 5.0 0.50 3.0 10.0 5.0 3.0 1.0 3.5 1.0 1.0 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 § 180.462 Pyridate; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide pyridate, including including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of pyridate, O(6-chloro-3-phenyl-4-pyridazinyl)-Soctyl-carbonothioate, and its metabolites, 6-chloro-3-phenylpyridazine-4-ol and conjugates of 6chloro-3-phenyl-pyridazine-4-ol, calculated as the stoichiometric equivalent of pyridate, in or on the commodity. * * * * * 17. Section 180.463 is amended as follows: i. Revise the introductory text in paragraph (a); ii. Revise the introductory text in paragraph (b). The revised text reads as follows: § 180.463 Quinclorac; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only quinclorac, 3,7dichloro-8-quinolinecarboxylic acid, in or on the commodity. * * * * * (b) * * * Time-limited tolerances are established for residues of the herbicide quinclorac, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only quinclorac, 3,7dichloro-8-quinolinecarboxylic acid, in or on the commodity. The tolerance expires and is revoked on the date specified in the table in this paragraph. * * * * * 18. Revise § 180.468 to read as follows: § 180.468 Flumetsulam; tolerances for residues. (a) General. Tolerances are established for residues of the herbicide flumetsulam, including its metabolites and degradates, in or on the PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only flumetsulam, N-(2,6difluorophenyl)-5-methyl-(1,2,4)-tria zolo-(1,5a)-pyrimidine-2-sulfonamide, in or on the commodity. Commodity Parts per million Bean, dry, seed .................... Corn, field, forage ................. Corn, field, grain ................... Corn, field, stover ................. Soybean, seed ...................... 0.05 0.05 0.05 0.05 0.05 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] 19. Section 180.473 is amended as follows: i. Revise the introductory text in paragraph (a); ii. Revise the introductory text in paragraph (d). The revised text reads as follows: § 180.473 Glufosinate; tolerances for residues. (a) * * * Tolerances are established for residues of the herbicide glufosinate ammonium, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of glufosinate ammonium, 2-amino-4-(hydroxy methylphosphinyl)butanoic acid monoammonium salt, and its metabolites, 2-acetamido-4-methyl phosphinicobutanoic acid and 3-methyl phosphinicopropionic acid, calculated as the stoichiometric equivalent of 2amino-4-(hydroxymethylphos phinyl)butanoic acid, in or on the commodity. * * * * * (d) * * * Tolerances are established for indirect or inadvertent residues of the herbicide glufosinate ammonium, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of glufosinate ammonium to crops listed in paragraph (a) of this section. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of glufosinate ammonium, 2-amino-4(hydroxymethylphosphinyl)butanoic acid monoammonium salt, and its metabolite, 3-methylphosphinico E:\FR\FM\28JYP1.SGM 28JYP1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules (a) * * * Tolerances are established for residues of the herbicide flumiclorac pentyl, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only flumiclorac pentyl, pentyl(2-chloro-4-fluoro-5-(1,3,4,5,6,7hexahydro-1,3-dioxo-2H-isoindol-2-yl) phenoxy)acetate, in or on the commodity. * * * * * 21. Section 180.482 is amended as follows: i. Revise the introductory text in paragraph (a)(1); ii. Revise the introductory text in paragraph (a)(2); iii. Revise paragraph (b); iv. Revise the introductory text in paragraph (d). The revised text reads as follows: zide, and 3-hydroxymethyl-5-methyl benzoic acid 1-(1,1-dimethylethyl)-2-(4(1-hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric equivalent of tebufenozide, in or on the commodity. * * * * * (b) Section 18 emergency exemptions. [Reserved] * * * * * (d) * * * Tolerances are established for indirect or inadvertent residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph when present therein as a result of the application of tebufenozide to growing crops listed in paragraph (a)(1) of this section. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-ethyl benzoyl)hydrazide, and its metabolite, 3,5-dimethylbenzoic acid 1-(1,1dimethylethyl)-2-(4-(1-hydroxy ethyl)benzoyl)hydrazide calculated as the stoichiometric equivalent of tebufenozide, in or on the commodity. * * * * * 22. Revise § 180.486 to read as follows: § 180.482 Tebufenozide; tolerances for residues. § 180.486 Chlorethoxyfos; tolerances for residues. (a) * * * (1) Tolerances are established for residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only tebufenozide, 3,5dimethylbenzoic acid 1-(1,1-dimethyl ethyl)-2-(4-ethylbenzoyl)hydrazide, in or on the commodity. * * * * * (2) Tolerances are established for residues of the insecticide tebufenozide, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-ethyl benzoyl)hydrazide, and its metabolites, 3,5-dimethylbenzoic acid 1-(1,1dimethylethyl)-2-((4-carboxymethyl)ben zoyl)hydrazide, 3-hydroxymethyl-5methylbenzoic acid 1-(1,1-dimethyl ethyl)-2-(4-ethylbenzoyl)hydrazide, stearic acid conjugate of 3-hydroxy methyl-5-methylbenzoic acid 1-(1,1dimethylethyl)-2-(4-ethylbenzoyl)hydra (a) General. Tolerances are established for residues of the insecticide chlorethoxyfos, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only chlorethoxyfos, O,Odiethyl O-(1,2,2,2-tetrachloroethyl) phosphorothioate, in or on the commodity. propionic acid, calculated as the stoichiometric equivalent of 2-amino-4(hydroxymethylphosphinyl)butanoic acid, in or on the commodity. * * * * * 20. In §180.477 revise the introductory text in paragraph (a) to read as follows: erowe on DSK5CLS3C1PROD with PROPOSALS § 180.477 Flumiclorac pentyl; tolerances for residues. VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 Parts per million Commodity Corn, field, forage ................. Corn, field, grain ................... Corn, field, stover ................. Corn, pop, grain .................... Corn, pop, stover .................. Corn, sweet, forage .............. Corn, sweet, kernel plus cob with husks removed .......... Corn, sweet, stover .............. 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] 23. In § 180.541 revise paragraph (a) to read as follows: PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 44197 § 180.541 Propetamphos; tolerances for residues. (a) General. A tolerance of 0.1 part per million is established for residues of the insecticide propetamphos, including its metabolites and degradates, in or on food or feed commodities when present therein as a result of the treatment of food- or feed-handling establishments with propetamphos. Direct application shall be limited solely to spot and/or crack and crevice treatment in food- or feed-handling establishments where food or feed and food or feed products are held, processed, prepared, served, or sold. Spray and dust concentrations shall be limited to a maximum of 1 percent active ingredient. For crack and crevice treatment, equipment capable of delivering a dust or a pin-stream of spray directly into cracks and crevices shall be used. For spot treatment, a coarse, low-pressure spray shall be used to avoid contamination of food, feed, or food-contact/feed-contact surfaces. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only propetamphos, 1-methylethyl-(2E)-3((ethylamino)methoxyphosphinothioyl) oxy)-2-butenoate, in or on the commodity. * * * * * 24. In § 180.596 revise the introductory text in paragraph (a) to read as follows: § 180.596 Fosthiazate; tolerances for residues. (a) * * * A tolerance is established for residues of the insecticide fosthiazate, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only the sum of fosthiazate, O-ethyl S-(1-methyl propyl)(2-oxo-3-thiazolidinyl)phos phonothioate, and its metabolite, Oethyl S-(1-methylpropyl)(2-(methyl sulfonyl)ethyl)phosphoramidothioate, calculated as the stoichiometric equivalent of fosthiazate, in or on the commodity. * * * * * 25. Revise § 180.620 to read as follows: § 180.620 Etofenprox; tolerances for residues. (a) General. A tolerance is established for residues of the insecticide etofenprox, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only E:\FR\FM\28JYP1.SGM 28JYP1 44198 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules etofenprox, 2-(4-ethoxyphenyl)-2methylpropyl 3-phenoxybenzyl ether, in or on the commodity. Commodity Parts per million Rice, grain ............................ 0.01 (b) Section 18 emergency exemptions. [Reserved] (c) Tolerances with regional registrations. [Reserved] (d) Indirect or inadvertent residues. [Reserved] [FR Doc. 2010–18373 Filed 7–27–10; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2009–0686; FRL–8828–3] RIN 2070–AB27 Proposed Significant New Use Rule for Multi-walled Carbon Nanotubes; Reopening of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; reopening of comment period. AGENCY: EPA issued a proposed rule in the Federal Register of February 3, 2010, concerning a proposed significant new use rule (SNUR) for the chemical substance identified generically as multi-walled carbon nanotubes (P–08– 199). In order to address public comments, EPA is adding information to the docket and reopening the comment period. This document reopens the comment period for 30 days. DATES: Comments, identified by docket identification (ID) number EPA–HQ– OPPT–2009–0686, must be received on or before August 27, 2010. ADDRESSES: Follow the detailed instructions as provided under ADDRESSES in the Federal Register document of February 3, 2010. FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim Alwood, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 564–8974; e-mail address: alwood.jim@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; e-mail address: TSCAHotline@epa.gov. erowe on DSK5CLS3C1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 This document reopens the public comment period established in the Federal Register of February 3, 2010 (75 FR 5546) (FRL–8796–7). In that document, EPA proposed a SNUR for the chemical substance identified generically as multi-walled carbon nanotubes as identified in Premanufacture Notice (PMN) P–08–199. EPA received several comments in response to the proposed SNUR. EPA will address those comments when it issues the final SNUR. One commenter noted that neither the proposed rule nor the docket contained specific carbon nanotube data or data supporting the nature of the dermal concern for carbon nanotubes. That commenter stated it was not possible to assess the Agency’s evaluation and determination under § 721.170(b)(3)(ii) based on the current record. Another commenter noted that EPA’s subsequent reviews and concerns for carbon nanotubes have expanded and that the proposed SNUR should reflect those updated data. EPA has added additional explanation and references of its health and environmental concerns for carbon nanotubes to the public docket for consideration. EPA is hereby reopening the comment period for 30 days to allow for any public comments in response to this additional data. To submit comments, or access the docket, please follow the detailed instructions as provided under ADDRESSES in the February 3, 2010 Federal Register document. If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: List of Subjects in 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting, and recordkeeping requirements. Dated: July 15, 2010. Wendy C. Hamnett, Director, Office of Pollution Prevention and Toxics. [FR Doc. 2010–18543; Filed 7–27–10; 8:45 am] BILLING CODE 6560–50–S PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket No. 10–148; FCC 10–130] Implementation of Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA); Amendments to Section 340 of the Communications Act Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Commission proposes changes to its satellite television ‘‘significantly viewed’’ rules to implement Section 203 of the Satellite Television Extension and Localism Act of 2010 (STELA). Section 203 of the STELA amends Section 340 of the Communications Act, which gives satellite carriers the authority to offer out-of-market but ‘‘significantly viewed’’ broadcast television network stations as part of their local service to subscribers. The STELA requires the Commission to issue final rules in this proceeding on or before November 24, 2010. DATES: Comments are due on or before August 17, 2010; reply comments are due on or before August 27, 2010. ADDRESSES: You may submit comments, identified by MB Docket No. 10–148, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Electronic Comment Filing System (ECFS) Web Site: https:// fjallfoss.fcc.gov/ecfs/. Follow the instructions for submitting comments. • Mail: All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202–418–0530; or TTY: 202– 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the section V. ‘‘PROCEDURAL MATTERS’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, Evan Baranoff, Evan.Baranoff@fcc.gov, of the Media Bureau, Policy Division, (202) 418– 7142. SUMMARY: E:\FR\FM\28JYP1.SGM 28JYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Proposed Rules]
[Pages 44184-44198]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18373]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0490; FRL-8834-1]


Aluminum tris(O-ethylphosphonate), Butylate, Chlorethoxyfos, 
Clethodim, et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with current Agency practice to describe more 
clearly the measurement and scope or coverage of the tolerances, EPA is 
proposing minor revisions to tolerance expressions for a number of 
pesticide active ingredients, including the insecticides 
chlorethoxyfos, clofentezine, cyromazine, etofenprox, fenbutatin-oxide, 
fosthiazate, propetamphos, and tebufenozide; the fungicides aluminum 
tris(O-ethylphosphonate) and fenarimol; the herbicides butylate, 
clethodim, clomazone, fenoxaprop-ethyl, flumetsulam, flumiclorac 
pentyl, fluridone, fomesafen, glufosinate ammonium, lactofen, 
propyzamide, quinclorac, and pyridate; and the fungicide/bactericide 
oxytetracycline. Also, EPA is proposing to revoke the tolerances for 
aluminum tris(O-ethylphosphonate) on pineapple fodder and forage 
because they are not considered to be significant livestock feed items, 
and revise specific tolerance nomenclatures for aluminum tris(O-
ethylphosphonate), clethodim, flumetsulam, and fluridone. In addition, 
EPA will be removing several expired tolerances for aluminum tris(O-
ethylphosphonate), etofenprox, propyzamide, and tebufenozide.

DATES: Comments must be received on or before September 27, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0490, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the oN-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0490. EPA's policy is that all comments received will be included 
in the docket without change and may be made available oN-line at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly

[[Page 44185]]

to EPA without going through regulations.gov, your e-mail address will 
be automatically captured and included as part of the comment that is 
placed in the docket and made available on the Internet. If you submit 
an electronic comment, EPA recommends that you include your name and 
other contact information in the body of your comment and with any disk 
or CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at https://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at https://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; e-mail address: 
nevola.joseph@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit II.A. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

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

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

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

II. Background

A. What Action is the Agency Taking?

    In accordance with current Agency practice to describe more clearly 
the measurement and scope or coverage of tolerances, including 
applicable metabolites and degradates, EPA is proposing minor revisions 
to tolerance expressions for a number of pesticide active ingredients, 
including the insecticides chlorethoxyfos, clofentezine, cyromazine, 
etofenprox, fenbutatin-oxide, fosthiazate, propetamphos, and 
tebufenozide; the fungicides aluminum tris(O-ethylphosphonate) and 
fenarimol; the herbicides butylate, clethodim, clomazone, fenoxaprop-
ethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen, 
glufosinate ammonium, lactofen, propyzamide, quinclorac, and pyridate; 
and the fungicide/bactericide oxytetracycline. Also, EPA is proposing 
to revoke the tolerances for aluminum tris(O-

[[Page 44186]]

ethylphosphonate) on pineapple fodder and forage because they are not 
considered to be significant livestock feed items, and therefore are no 
longer needed, and revise specific tolerance nomenclatures for aluminum 
tris(O-ethylphosphonate), clethodim, flumetsulam, and fluridone. 
Additional minor modifications are being made for reasons described in 
the discussion below pertaining to specific pesticides. It is EPA's 
general practice to propose revocation of those tolerances/tolerance 
exemptions for residues of pesticide active ingredients on crop uses 
for which there are no active registrations under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), unless any person 
submits comments on the proposal that indicate a need for the tolerance 
to cover residues in or on imported commodities or legally treated 
domestic commodities. In addition, EPA will be removing several expired 
tolerances for aluminum tris(O-ethylphosphonate), etofenprox, 
propyzamide, and tebufenozide.
    Certain tolerances pertaining to the pesticides subject to this 
proposal have expired due to previous EPA regulation setting expiration 
dates. When the Agency finalizes the changes proposed in this document, 
EPA will also remove the expired tolerances from the Code of Federal 
Regulations. The amended regulatory text below reflects removal of the 
tolerances. The Agency is not accepting comments regarding the expired 
tolerances.
    1. Aluminum tris(O-ethylphosphonate). In order to describe more 
clearly the measurement and scope or coverage of the tolerances, EPA is 
proposing to revise the introductory text containing the tolerance 
expression in 40 CFR 180.415(a) to read as follows:
    Tolerances are established for residues of the fungicide 
aluminum tris(O-ethylphosphonate), including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only aluminum tris(O-
ethylphosphonate), in or on the commodity.

    Because pineapple, fodder and pineapple, forage are no longer 
considered by the Agency to be significant livestock feed items as 
delineated in ``Table 1. - Raw Agricultural and Processed Commodities 
and Feedstuffs Derived from Crops,'' which is found under OCSPP 
Harmonized Test Guidelines for Residue Chemistry in 860.1000 dated 
August 1996 (available at https://www.epa.gov/ocspp/pubs/frs/publications/Test_Guidelines/series860.htm), EPA determined that these 
tolerances in 40 CFR 180.415(a) are no longer needed, and therefore 
should be revoked. Consequently, EPA is proposing to revoke the 
tolerances in 40 CFR 180.415(a) on pineapple, fodder and pineapple, 
forage.
    In addition, EPA is proposing to revise commodity terminology to 
conform to current Agency practice in 40 CFR 180.415(a) as follows: 
``fruit, pome'' to ``fruit, pome, group 11.''
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.415(c) to read 
as follows:
    Tolerances with regional registration are established for 
residues of the fungicide aluminum tris(O-ethylphosphonate), 
including its metabolites and degradates, in or on the commodities 
in the table in this paragraph. Compliance with the tolerance levels 
specified in this paragraph is to be determined by measuring only 
aluminum tris(O-ethylphosphonate), in or on the commodity.

    2. Butylate. In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.232(a) to read as follows:
    Tolerances are established for residues of the herbicide 
butylate, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only butylate, S-ethyl bis(2-methylpropyl)carbamothioate, 
in or on the commodity.

    3. Chlorethoxyfos. In order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to revise the section heading in 40 CFR 180.486 from phosphorothioic 
acid, O,O-diethyl O-(1,2,2,2-tetrachloroethyl) ester to chlorethoxyfos, 
redesignate the existing paragraph from 40 CFR 180.486 to 180.486(a), 
and revise the introductory text containing the tolerance expression in 
newly designated 40 CFR 180.486(a) to read as follows:
    Tolerances are established for residues of the insecticide 
chlorethoxyfos, including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only chlorethoxyfos, O,O-diethyl O-(1,2,2,2-
tetrachloroethyl) phosphorothioate, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to 
revise 40 CFR 180.486 by adding separate paragraphs (b), (c), and (d), 
and reserving those paragraphs for tolerance exemptions for section 18 
emergency exemptions, tolerances with regional registrations, and 
tolerances with indirect or inadvertent residues, respectively.
    4. Clethodim. In order to harmonize with Codex and describe more 
clearly the measurement and scope or coverage of the tolerances, EPA is 
proposing that all the existing animal and plant tolerances for 
clethodim in 40 CFR 180.458(a)(1), 180.458(a)(2), and 180.458(a)(3) be 
expressed under the same tolerance expression in one paragraph, as 40 
CFR 180.458(a), to read as follows:
    Tolerances are established for residues of the herbicide 
clethodim, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2-
propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and 
sulphones, calculated as the stoichiometric equivalent of clethodim, 
in or on the commodity.

    Also, EPA is proposing to revise commodity terminology to conform 
to current Agency practice in newly designated 40 CFR 180.458(a) from 
``flax seed'' to ``flax, seed'' and ``vegetable, legume group 6, except 
soybean'' to ``vegetable, legume, group 6, except soybean.''
    5. Clofentezine. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.446(a)(1) to read as follows:
    Tolerances are established for residues of the insecticide 
clofentezine, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-
tetrazine, in or on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.446(a)(2) to 
read as follows:
    Tolerances are established for residues of the insecticide 
clofentezine, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be

[[Page 44187]]

determined by measuring only the sum of clofentezine, 3,6-bis(2-
chlorophenyl)-1,2,4,5-tetrazine, and its metabolite, 3-(2-chloro-4-
hydroxyphenyl)-6-(2-chlorophenyl)-1,2,4,5-tetrazine, calculated as 
the stoichiometric equivalent of clofentezine, in or on the 
commodity.

    6. Clomazone. In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.425(a) to read as follows:
    Tolerances are established for residues of the herbicide 
clomazone, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only clomazone, 2-(2-chlorophenyl)methyl-4,4-dimethyl-3-
isoxazolidinone, in or on the commodity.

    7. Cyromazine. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.414(a)(1) to read as follows:
    Tolerances are established for residues of the insecticide 
cyromazine, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-
triamine, in or on the commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.414(a)(2) and remove existing subparagraphs (a)(2)(i), (a)(2)(ii), 
(a)(2)(iii), (a)(2)(iv), and (a)(2)(v). The revised paragraph (a)(2) 
reads as follows:
    A tolerance of 5.0 parts per million is established for residues 
of the insecticide cyromazine, including its metabolites and 
degradates, in or on poultry feed when used as a feed additive only 
in feed for chicken layer hens and chicken breeder hens at the rate 
of not more than 0.01 pound of cyromazine per ton of poultry feed 
for control of flies in manure of treated chicken layer hens and 
chicken breeder hens, provided the feeding of cyromazine-treated 
feed must stop at least 3 days (72 hours) before slaughter. If the 
feed is formulated by any person other than the end user, the 
formulator must inform the end user, in writing, of the 3-day (72 
hours) pre-slaughter interval. Compliance with the tolerance level 
specified in this paragraph is to be determined by measuring only 
cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on 
the commodity.

    In addition, in order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.414(d) to read as follows:
    Tolerances are established for the indirect or inadvertent 
residues of the insecticide cyromazine, including its metabolites 
and degradates, in or on the commodities in the table in this 
paragraph when present therein as a result of the application of 
cyromazine to growing crops listed in paragraph (a)(1) of this 
section. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only cyromazine, N-
cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity.

    8. Etofenprox. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.620(a) to read as follows:
    A tolerance is established for residues of the insecticide 
etofenprox, including its metabolites and degradates, in or on the 
commodity in the table in this paragraph. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only etofenprox, 2-(4-ethoxyphenyl)-2-methylpropyl 3-
phenoxybenzyl ether, in or on the commodity.

    9. Fenarimol. In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.421(a) to read as follows:
    Tolerances are established for residues of the fungicide 
fenarimol, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only fenarimol, alpha-(2-chlorophenyl)-alpha-(4-
chlorophenyl)-5-pyrimidinemethanol, in or on the commodity.

    10. Fenbutatin-oxide. In order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to revise the section heading in 40 CFR 180.362 from hexakis (2-methyl-
2-phenylpropyl)distannoxane to fenbutatin-oxide and revise the 
introductory text containing the tolerance expression in 40 CFR 
180.362(a)(1) to read as follows:
    Tolerances are established for residues of the miticide/
acaricide fenbutatin-oxide, including its metabolites and 
degradates, in or on the plant commodities in the table in this 
paragraph. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only fenbutatin-oxide, 
hexakis (2-methyl-2-phenylpropyl)distannoxane, in or on the 
commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.362(a)(2) to 
read as follows:
    Tolerances are established for residues of the miticide/
acaricide fenbutatin-oxide, including its metabolites and 
degradates, in or on the animal commodities in the table in this 
paragraph. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only the sum of 
fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl)distannoxane, and 
its organotin metabolites, dihydroxybis(2-methyl-2-
phenylpropyl)stannane and 2-methyl-2-phenylpropylstannoic acid, 
calculated as the stoichiometric equivalent of fenbutatin-oxide, in 
or on the commodity.

    In the May 2002 Tolerance Reassessment Decision (TRED) for 
fenbutatin-oxide, EPA determined that in order to better harmonize with 
Codex Alimentarius, the tolerance expression for plant commodities 
should include the parent compound only for compliance. Currently, 
there is one regional tolerance in 40 CFR 180.362(c) for residues of 
the parent compound and its organotin metabolites calculated as the 
parent compound in or on raspberry. Therefore, in order to better 
harmonize with Codex and describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.362(c) to read as follows:
    A tolerance with regional registration is established for 
residues of the miticide/acaricide fenbutatin-oxide, including its 
metabolites and degradates, in or on the plant commodity in the 
table in this paragraph. Compliance with the tolerance level 
specified in this paragraph is to be determined by measuring only 
fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl)distannoxane, in 
or on the commodity.

    11. Fenoxaprop-ethyl. In order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to revise the introductory text containing the tolerance expression in 
40 CFR 180.430(a) to read as follows:
    Tolerances are established for residues of the herbicide 
fenoxaprop-ethyl, including its metabolites and degradates, in or on 
the commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of fenoxaprop-ethyl, ()-ethyl 2-
[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its 
metabolites, 2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic 
acid and 6-chloro-2,3-dihydrobenzoxazol-2-one, calculated as the 
stoichiometric equivalent of fenoxaprop-ethyl, in or on the 
commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage

[[Page 44188]]

of the tolerances, EPA is proposing to revise the introductory text 
containing the tolerance expression in 40 CFR 180.430(b) to read as 
follows:
    Time-limited tolerances are established for residues of the 
herbicide fenoxaprop-ethyl, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph 
in connection with use of fenoxaprop-ethyl under section 18 
emergency exemptions granted by EPA. Compliance with the tolerance 
levels specified in this paragraph is to be determined by measuring 
only the sum of fenoxaprop-ethyl, ()-ethyl 2-[4-[(6-
chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 
2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-
chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric 
equivalent of fenoxaprop-ethyl, in or on the commodity. The 
tolerances expire and are revoked on the dates specified in the 
table in this paragraph.

    12. Flumetsulam. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to 
redesignate the existing paragraph from 40 CFR 180.468 to 180.468(a) 
and revise the introductory text containing the tolerance expression in 
newly designated 40 CFR 180.468(a) to read as follows:
    Tolerances are established for residues of the herbicide 
flumetsulam, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only flumetsulam, N-(2,6-difluorophenyl)-5-methyl-(1,2,4)-
triazolo-(1,5a)-pyrimidine-2-sulfonamide, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to 
amend 40 CFR 180.468 by adding separate paragraphs (b), (c), and (d), 
and reserving those paragraphs for tolerance exemptions for section 18 
emergency exemptions, tolerances with regional registrations, and 
tolerances with indirect or inadvertent residues, respectively.
    In addition, EPA is proposing to revise commodity terminology to 
conform to current Agency practice in newly designated 40 CFR 
180.468(a) as follows: ``bean, dry'' to ``bean, dry, seed;'' and 
``soybean'' to ``soybean, seed.''
    13. Flumiclorac pentyl. In order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to revise the introductory text containing the tolerance expression in 
40 CFR 180.477(a) to read as follows:
    Tolerances are established for residues of the herbicide 
flumiclorac pentyl, including its metabolites and degradates, in or 
on the commodities in the table in this paragraph. Compliance with 
the tolerance levels specified in this paragraph is to be determined 
by measuring only flumiclorac pentyl, pentyl(2-chloro-4-fluoro-5-
(1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-2-yl)phenoxy)acetate, 
in or on the commodity.

    14. Fluridone. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to 
redesignate the existing paragraph from 40 CFR 180.420(a) to 
180.420(a)(1), add a table for existing commodities, and revise the 
introductory text containing the tolerance expression in newly 
designated 40 CFR 180.420(a)(1) to read as follows:
    Tolerances are established for residues of the herbicide 
fluridone, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only the sum of fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, and its bound residues, 
calculated as the stoichiometric equivalent of fluridone, in or on 
the commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to redesignate the 
existing paragraph from 40 CFR 180.420(b) to 180.420(a)(2) and revise 
the introductory text containing the tolerance expression in newly 
designated 40 CFR 180.420(a)(2) to read as follows:
    Tolerances are established for residues of the herbicide 
fluridone, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity.

    In addition, in order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to redesignate 
the existing paragraph from 40 CFR 180.420(c) to 180.420(d) and revise 
the introductory text containing the tolerance expression in newly 
designated 40 CFR 180.420(d) to read as follows:
    Tolerances are established for indirect or inadvertent residues 
of the herbicide fluridone, including its metabolites and 
degradates, in or on the irrigated crop commodities and crop 
groupings in the table in this paragraph, resulting from use of 
irrigation water containing residues of 0.15 ppm following 
applications of fluridone on or around aquatic sites. Where 
tolerances are established at higher levels from other uses of 
fluridone on the following crops, the higher tolerance also applies 
to residues in the irrigated commodity. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to 
amend 40 CFR 180.420 by adding separate paragraphs (b) and (c), and 
reserving those paragraphs for tolerance exemptions for section 18 
emergency exemptions and tolerances with regional registrations, 
respectively.
    In addition, EPA is proposing to revise commodity terminology to 
conform to current Agency practice in the table to newly designated 40 
CFR 180.420(d) as follows: ``citrus'' to ``fruit, citrus, group 10;'' 
``cucurbits'' to ``vegetable, cucurbit, group 9;'' ``fruit, pome'' to 
``fruit, pome, group 11; ``fruit, small'' to ``berry, group 13;'' 
``cranberry;'' ``grape;'' and ``strawberry;'' ``fruit, stone'' to 
``fruit, stone, group 12; ``grain, crop'' to ``grain, cereal, group 
15'' and ``grain, cereal, forage, fodder and straw, group 16;'' 
``legume, forage'' to ``animal feed, nongrass, group 18;'' nut'' to 
``nut, tree, group 14;'' ``vegetable, fruiting'' to ``vegetable, 
fruiting, group 8;'' ``vegetable, leafy'' to ``vegetable, leafy, except 
brassica, group 4'' and ``vegetable, brassica, leafy, group 5;'' 
``vegetable, root crop'' to ``vegetable, root and tuber, group 1'' and 
``vegetable, leaves of root and tuber, group 2;'' ``vegetable, seed and 
pod'' to ``vegetable, legume, group 6'' and ``okra.''
    15. Fomesafen. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.433(a) to read as follows:
    Tolerances are established for residues of the herbicide 
fomesafen, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph from the application of 
its sodium salt. Compliance with the tolerance levels specified in 
this paragraph is to be determined by measuring only fomesafen, 5-
(2-chloro-4-(trifluoromethyl)phenoxy)-N-(methylsulfonyl)-2-
nitrobenzamide, in or on the commodity.

    16. Fosthiazate. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.596(a) to read as follows:
    A tolerance is established for residues of the insecticide 
fosthiazate, including its metabolites and degradates, in or on the 
commodity in the table in this paragraph. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only the sum of fosthiazate, O-ethyl S-(1-methylpropyl)(2-

[[Page 44189]]

oxo-3-thiazolidinyl)phosphonothioate, and its metabolite, O-ethyl S-
(1-methylpropyl)(2-(methylsulfonyl)ethyl)phosphoramidothioate, 
calculated as the stoichiometric equivalent of fosthiazate, in or on 
the commodity.

    17. Glufosinate ammonium. In order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to revise the introductory text containing the tolerance expression in 
40 CFR 180.473(a) to read as follows:
    Tolerances are established for residues of the herbicide 
glufosinate ammonium, including its metabolites and degradates, in 
or on the commodities in the table in this paragraph. Compliance 
with the tolerance levels specified in this paragraph is to be 
determined by measuring only the sum of glufosinate ammonium, 2-
amino-4-(hydroxymethylphosphinyl)butanoic acid monoammonium salt, 
and its metabolites, 2-acetamido-4-methylphosphinicobutanoic acid 
and 3-methylphosphinicopropionic acid, calculated as the 
stoichiometric equivalent of 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid, in or on the commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.473(d) to read as follows:
    Tolerances are established for indirect or inadvertent residues 
of the herbicide glufosinate ammonium, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph 
when present therein as a result of the application of glufosinate 
ammonium to crops listed in the table in paragraph (a) of this 
section. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only the sum of 
glufosinate ammonium, 2-amino-4-(hydroxymethylphosphinyl)butanoic 
acid monoammonium salt, and its metabolite, 3-
methylphosphinicopropionic acid, calculated as the stoichiometric 
equivalent of 2-amino-4-(hydroxymethylphosphinyl)butanoic acid, in 
or on the commodity.

    18. Lactofen. In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.432(a) to read as follows:
    Tolerances are established for residues of the herbicide 
lactofen, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4-
(trifluoromethyl)phenoxy]-2-nitrobenzoate, in or on the commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.432(c) to read as follows:
    Tolerances with regional registration are established for 
residues of the herbicide lactofen, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only lactofen, 2-ethoxy-1-methyl-2-
oxoethyl 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate, in 
or on the commodity.

    19. Oxytetracycline. In order to describe more clearly the 
measurement and scope or coverage of the tolerances, EPA is proposing 
to designate the existing paragraph in 40 CFR 180.337 as Sec.  
180.337(a) and revise the introductory text containing the tolerance 
expression in newly designated 40 CFR 180.337(a) to read as follows:
    Tolerances are established for residues of the fungicide/
bactericide oxytetracycline, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only oxytetracycline, 
(4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-1,4,4a,5,5a,6,11,12a-
octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-2-
naphthacenecarboxamide, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to 
revise 40 CFR 180.337 by adding separate paragraphs (b), (c), and (d), 
and reserving those paragraphs for section 18 emergency exemptions, 
tolerances with regional registrations, and tolerances with indirect or 
inadvertent residues, respectively.
    20. Propetamphos. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing in 40 CFR 
180.541 to remove paragraphs (a)(1), (a)(2), and (a)(3) and revise 
paragraph (a), including the introductory text containing the tolerance 
expression, to read as follows:
    A tolerance of 0.1 part per million is established for residues 
of the insecticide propetamphos, including its metabolites and 
degradates, in or on food or feed commodities when present therein 
as a result of the treatment of food- or feed-handling 
establishments with propetamphos. Direct application shall be 
limited solely to spot and/or crack and crevice treatment in food- 
or feed-handling establishments where food or feed and food or feed 
products are held, processed, prepared, served, or sold. Spray and 
dust concentrations shall be limited to a maximum of 1 percent 
active ingredient. For crack and crevice treatment, equipment 
capable of delivering a dust or a pin-stream of spray directly into 
cracks and crevices shall be used. For spot treatment, a coarse, 
low-pressure spray shall be used to avoid contamination of food, 
feed, or food-contact/feed-contact surfaces. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only propetamphos, 1-methylethyl-(2E)-3-
((ethylamino)methoxyphosphinothioyl)oxy)-2-butenoate, in or on the 
commodity.

    21. Propyzamide. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.317(a) to read as follows:
    Tolerances are established for residues of the herbicide 
propyzamide, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only those propyzamide residues convertible to methyl 3,5-
dichlorobenzoate, expressed as the stoichiometric equivalent of 
propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, in 
or on the commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.317(c) to read as follows:
    Tolerances with regional registration are established for 
residues of the herbicide propyzamide, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only those propyzamide residues 
convertible to methyl 3,5-dichlorobenzoate, expressed as the 
stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)benzamide, in or on the commodity.

    In addition, in order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.317(d) to read as follows:
    Tolerances are established for indirect or inadvertent residues 
of the herbicide propyzamide, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only those propyzamide residues 
convertible to methyl 3,5-dichlorobenzoate, expressed as the 
stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)benzamide, in or on the commodity.

    22. Pyridate. In order to describe more clearly the measurement and 
scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.462(a) to read as follows:
    Tolerances are established for residues of the herbicide 
pyridate, including its

[[Page 44190]]

metabolites and degradates, in or on the commodities in the table in 
this paragraph. Compliance with the tolerance levels specified in 
this paragraph is to be determined by measuring only the sum of 
pyridate, O-(6-chloro-3-phenyl-4-pyridazinyl)-S-octyl-
carbonothioate, and its metabolites, 6-chloro-3-phenyl-pyridazine-4-
ol and conjugates of 6-chloro-3-phenyl-pyridazine-4-ol, calculated 
as the stoichiometric equivalent of pyridate, in or on the 
commodity.

    23. Quinclorac. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.463(a) to read as follows:
    Tolerances are established for residues of the herbicide 
quinclorac, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph. Compliance with the 
tolerance levels specified in this paragraph is to be determined by 
measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, 
in or on the commodity.

    Also, in order to describe more clearly the measurement and scope 
or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.463(b) to read as follows:
    Time-limited tolerances are established for residues of the 
herbicide quinclorac, including its metabolites and degradates, in 
or on the commodity in the table in this paragraph. Compliance with 
the tolerance level specified in this paragraph is to be determined 
by measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic 
acid, in or on the commodity. The tolerance expires and is revoked 
on the date specified in the table in this paragraph.

    24. Tebufenozide. In order to describe more clearly the measurement 
and scope or coverage of the tolerances, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.482(a)(1) to read as follows:
    Tolerances are established for residues of the insecticide 
tebufenozide, including its metabolites and degradates, in or on the 
commodity in the table in this paragraph. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-
dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, in or on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.482(a)(2) to 
read as follows:
    Tolerances are established for residues of the insecticide 
tebufenozide, including its metabolites and degradates, in or on the 
commodity in the table in this paragraph. Compliance with the 
tolerance level specified in this paragraph is to be determined by 
measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-
(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and its 
metabolites, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-((4-
carboxymethyl)benzoyl)hydrazide, 3-hydroxymethyl-5-methylbenzoic 
acid 1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, stearic acid 
conjugate of 3-hydroxymethyl-5-methylbenzoic acid 1-(1,1-
dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and 3-hydroxymethyl-5-
methylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-(1-
hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric 
equivalent of tebufenozide, in or on the commodity.

    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.482(d) to read 
as follows:
    Tolerances are established for indirect or inadvertent residues 
of the insecticide tebufenozide, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph 
when present therein as a result of the application of tebufenozide 
to growing crops listed in paragraph (a)(1) of this section. 
Compliance with the tolerance levels specified in this paragraph is 
to be determined by measuring only the sum of tebufenozide, 3,5-
dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-
ethylbenzoyl)hydrazide, and its metabolite, 3,5-dimethylbenzoic acid 
1-(1,1-dimethylethyl)-2-(4-(1-hydroxyethyl)benzoyl)hydrazide 
calculated as the stoichiometric equivalent of tebufenozide, in or 
on the commodity.

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

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by FQPA of 1996, Public Law 104-170, authorizes the 
establishment of tolerances, exemptions from tolerance requirements, 
modifications in tolerances, and revocation of tolerances for residues 
of pesticide chemicals in or on raw agricultural commodities and 
processed foods. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such 
food may not be distributed in interstate commerce (21 U.S.C. 331(a)). 
For a food-use pesticide to be sold and distributed, the pesticide must 
not only have appropriate tolerances under the FFDCA, but also must be 
registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not 
registered in the United States must have tolerances in order for 
commodities treated with those pesticides to be imported into the 
United States.
    EPA's general practice is to propose revocation of tolerances/
tolerance exemptions for residues of pesticide active ingredients on 
crops for which FIFRA registrations no longer exist and on which the 
pesticide may therefore no longer be used in the United States. EPA has 
historically been concerned that retention of tolerances that are not 
necessary to cover residues in or on legally treated foods may 
encourage misuse of pesticides within the United States. Nonetheless, 
EPA will establish and maintain tolerances even when corresponding 
domestic uses are canceled if the tolerances, which EPA refers to as 
``import tolerances,'' are necessary to allow importation into the 
United States of food containing such pesticide residues. However, 
where there are no imported commodities that require these import 
tolerances, the Agency believes it is appropriate to revoke tolerances 
for unregistered pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of FFDCA, a tolerance/tolerance exemption may only be 
established or maintained if EPA determines that the tolerance is safe 
based on a number of factors, including an assessment of the aggregate 
exposure to the pesticide and an assessment of the cumulative effects 
of such pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances/tolerance 
exemptions for residues on crops for which FIFRA registrations no 
longer exist, unless someone expresses a need for such tolerances/
tolerance exemptions. Through this proposed rule, the Agency is 
inviting individuals who need these import tolerances to identify 
themselves and the tolerances

[[Page 44191]]

that are needed to cover imported commodities.
    Parties interested in retention of the tolerances/tolerance 
exemptions should be aware that additional data may be needed to 
support retention. These parties should be aware that, under FFDCA 
section 408(f), if the Agency determines that additional information is 
reasonably required to support the continuation of a tolerance, EPA may 
require that parties interested in maintaining the tolerances provide 
the necessary information. If the requisite information is not 
submitted, EPA may issue an order revoking the tolerance/tolerance 
exemption at issue.

C. When Do These Actions Become Effective?

    EPA is proposing that revision of specific tolerance expressions 
proposed herein, revocation of the tolerances for aluminum tris(O-
ethylphosphonate) on pineapple fodder and forage, and revision of 
specific commodity terminologies (tolerance nomenclatures) for aluminum 
tris(O-ethylphosphonate), clethodim, flumetsulam, and fluridone become 
effective on the date of publication of the final rule in the Federal 
Register. If you have comments, please submit comments as described 
under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(l)(5), as 
established by FQPA. Under this unit, any residues of these pesticides 
in or on such food shall not render the food adulterated so long as it 
is shown to the satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA, 
and
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates when the 
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and 
Agriculture Organization/World Health Organization food standards 
program, and it is recognized as an international food safety 
standardS-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established a MRL for aluminum tris (O-
ethylphosphonate), butylate, chlorethoxyfos, clomazone, fenoxaprop-
ethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen, 
fosthiazate, lactofen, oxytetracycline (pesticide use), propetamphos, 
propyzamide, pyridate, and quinclorac, or MRL on rice grain for 
etofenprox.
    The Codex has established MRLs for clethodim in or on various 
commodities including beans (dry) at 2 milligrams per kilogram (mg/kg), 
beans, except broad bean and soybean at 0.5 mg/kg, cotton seed at 0.5 
mg/kg, eggs at 0.05 mg/kg, field pea (dry) at 2 mg/kg, onion, bulb at 
0.5 mg/kg, peanut at 5 mg/kg, sugar beet at 0.1 mg/kg, and sunflower 
seed at 0.5 mg/kg. These MRLs are different than the tolerances 
established for clethodim in the United States because of differences 
in use patterns and/or good agricultural practices. However, the 
changes in the U.S. tolerance expression which are proposed herein 
would harmonize U.S. tolerances with Codex MRLs for edible offal 
(mammalian), meat (from mammals other than marine mammals), milks, 
potato, poultry meat, poultry edible offal, soybean (dry), and tomato.
    The Codex has established MRLs for clofentezine in or on various 
commodities including edible offal (mammalian) at 0.05 mg/kg, grapes at 
2 mg/kg, milks at 0.05 mg/kg, stone fruits at 0.5 mg/kg, and tree nuts 
at 0.5 mg/kg. These MRLs are different than the tolerances established 
for clofentezine in the United States because of differences in residue 
definition for animal commodities and use patterns and/or good 
agricultural practices for plant commodities.
    The Codex has established MRLs for cyromazine in or on various 
commodities with a residue definition of the parent compound only for 
compliance, including edible offal (mammalian) at 0.3 mg/kg, eggs at 
0.3 mg/kg, fruiting vegetables other than cucurbits at 1 mg/kg, meat 
(from mammals other than marine mammals) at 0.3 mg/kg, milks at 0.01 
mg/kg, mushrooms at 7 mg/kg, onion, bulb at 0.1 mg/kg, peppers, chili 
(dry) at 10 mg/kg, poultry meat at 0.1 mg/kg, and poultry, edible offal 
at 0.2 mg/kg. These MRLs are different than the tolerances established 
for cyromazine in the United States because of differences in use 
patterns and/or good agricultural practices.
    The Codex has established MRLs for fenarimol in or on various 
commodities with a residue definition of the parent compound only for 
compliance, including banana at 0.2 mg/kg, cattle kidney at 0.02 mg/kg, 
cattle meat at 0.02 mg/kg, grape at 0.3 mg/kg, and pome fruits at 0.3 
mg/kg. These MRLs are different than the tolerances established for 
fenarimol in the United States because of differences in use patterns 
and/or good agricultural practices.
    The Codex has established MRLs for fenbutatin-oxide in or on 
various commodities with a residue definition of the parent compound 
only for compliance, including cherries at 10 mg/kg, citrus fruits at 5 
mg/kg, citrus pulp, dry at 25 mg/kg, and cucumber at 0.5 mg/kg. These 
MRLs are different than the tolerances established for fenbutatin-oxide 
in the United States because of differences in use patterns and/or good 
agricultural practices.
    The Codex has established MRLs for glufosinate ammonium in or on 
various commodities including banana at 0.2 mg/kg, berries and other 
small fruits at 0.1 mg/kg, edible offal (mammalian) at 0.1 mg/kg, eggs 
at 0.05 mg/kg, milks at 0.02 mg/kg, potato at 0.5 mg/kg, poultry meat 
at 0.05 mg/kg, poultry, edible offal at 0.1 mg/kg, rape seed at 5 mg/
kg, and sugar beet at 0.05 mg/kg. These MRLs are different than the 
tolerances established for glufosinate ammonium in the United States 
because of differences in the residue definitions.
    The Codex has established MRLs for tebufenozide in or on various 
commodities with a residue definition of the parent compound only for 
compliance, including almond hulls at 30 mg/kg, citrus fruits at 2 mg/
kg, cranberry at 0.5 mg/kg, edible offal (mammalian) at 0.02 mg/kg, 
grapes at 2 mg/kg, leafy vegetables at 10 mg/kg, meat (from mammals 
other than marine mammals) at 0.05 mg/kg, milks at 0.01 mg/kg, mints at 
20 mg/kg, pome fruits at 1 mg/kg, and walnuts at 0.05 mg/kg. These MRLs 
are different than the tolerances established for tebufenozide in the 
United States because of differences in residue definition for animal 
commodities and use patterns and/or good agricultural practices for 
plant commodities.

[[Page 44192]]

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revise tolerance 
expressions to describe more clearly the measurement and scope or 
coverage of the tolerances, and revoke the tolerances for aluminum 
tris(O-ethylphosphonate) on pineapple fodder and forage. The Office of 
Management and Budget (OMB) has exempted these types of actions (e.g., 
tolerance actions for which extraordinary circumstances do not exist) 
from review under Executive Order 12866, entitled Regulatory Planning 
and Review (58 FR 51735, October 4, 1993). Because this proposed rule 
has been exempted from review under Executive Order 12866 due to its 
lack of significance, this proposed rule is not subject to Executive 
Order 13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). 
This proposed rule does not contain any information collections subject 
to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 
et seq., or impose any enforceable duty or contain any unfunded mandate 
as described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4). Nor does it require any special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review 
or any other Agency action under Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This action does not involve any 
technical standards that would require Agency consideration of 
voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously 
assessed whether establishment of tolerances, exemptions from 
tolerances, raising of tolerance levels, expansion of exemptions, or 
revocations might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. These analyses for tolerance establishments and 
modifications, and for tolerance revocations were published on May 4, 
1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020) (FRL-5753-1), 
respectively, and were provided to the Chief Counsel for Advocacy of 
the Small Business Administration. Taking into account this analysis, 
and available information concerning the pesticides listed in this 
proposed rule, the Agency hereby certifies that this proposed rule will 
not have a significant negative economic impact on a substantial number 
of small entities. In a memorandum dated May 25, 2001, EPA determined 
that eight conditions must all be satisfied in order for an import 
tolerance or tolerance exemption revocation to adversely affect a 
significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to any particular revocation. (This Agency 
document is available in the docket of this proposed rule). 
Furthermore, for the pesticide named in this proposed rule, the Agency 
knows of no extraordinary circumstances that exist as to the present 
proposal that would change the EPA's previous analysis. Any comments 
about the Agency's determination should be submitted to the EPA along 
with comments on the proposal, and will be addressed prior to issuing a 
final rule. In addition, the Agency has determined that this action 
will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This proposed rule directly regulates growers, food 
processors, food handlers, and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has 
determined that this proposed rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 9, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' is 
defined in the Executive order to include regulations that have 
``substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' This proposed rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government

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