Acephate, Cacodylic Acid, Dicamba, Dicloran, et al.; Tolerance Actions, 60232-60245 [2010-24153]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60232-60245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24153]



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Part IV





Environmental Protection Agency





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40 CFR Part 180



Acephate, Cacodylic Acid, Dicamba, Dicloran, et al.; Tolerance Actions; 
Final Rule

Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / 
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0262; FRL-8842-1]


Acephate, Cacodylic Acid, Dicamba, Dicloran, et al.; Tolerance 
Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the fungicides dicloran 
and thiophanate-methyl; the herbicides EPTC, hexazinone, picloram, and 
propazine; the defoliant and herbicide cacodylic acid; the plant growth 
regulator and herbicide diquat, the insecticides disulfoton, 
methamidophos, methomyl, phosmet, piperonyl butoxide, pyrethrins, and 
thiodicarb; the fumigant antimicrobial and insecticide methyl bromide, 
and the nematicides/insecticides ethoprop and fenamiphos, and the 
tolerance exemptions for the insecticide/miticide pyrethrum and 
insecticide synergist N-octyl bicycloheptene dicarboximide. However, 
EPA will not revoke specific malathion tolerances at this time. In 
addition, EPA is removing certain expired tolerances for disulfoton, 
fenamiphos, and thiophanate-methyl. Also, EPA is modifying certain 
tolerances for the fungicide thiophanate-methyl, herbicides dicamba, 
EPTC, hexazinone and picloram, and insecticide synergist N-octyl 
bicycloheptene dicarboximide. In addition, EPA is establishing new 
tolerances for the fungicide thiophanate-methyl and the herbicides 
EPTC, hexazinone, and picloram. Also, EPA is reinstating specific 
tolerances for methamidophos residues as a result of the application of 
the insecticide acephate. The regulatory actions finalized in this 
document are in follow-up to the Agency's reregistration program under 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and 
tolerance reassessment program under the Federal Food, Drug, and 
Cosmetic Act (FFDCA), section 408(q).

DATES: This regulation is effective September 29, 2010. Objections and 
requests for hearings must be received on or before November 29, 2010, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0262. 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., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at 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 Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: 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. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at https://www.gpoaccess.gov/ecfr.

C. How Can I File an Objection or Hearing Request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2010- 0262 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing, and must be received by the Hearing Clerk on or before 
November 29, 2010. Addresses for mail and hand delivery of objections 
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket. Information not marked confidential pursuant to 40 CFR part 2 
may be disclosed publicly by EPA without prior notice. Submit a copy of 
your non-CBI objection or hearing request, identified by docket ID 
number EPA-HQ-OPP-2010- 0262, 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.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of May 19, 2010 (75 FR 28155) (FRL-8821-3), 
EPA

[[Page 60233]]

issued a proposal to revoke, modify, and establish specific tolerances 
for residues of the fungicides dicloran and thiophanate-methyl; the 
herbicides dicamba, EPTC, hexazinone, picloram, and propazine; the 
defoliant and herbicide cacodylic acid; the plant growth regulator and 
herbicide diquat, the insecticides disulfoton, malathion, 
methamidophos, methomyl, phosmet, piperonyl butoxide, pyrethrins, and 
thiodicarb; the fumigant, antimicrobial, and insecticide, methyl 
bromide, and the nematicides/insecticides, ethoprop and fenamiphos, and 
the tolerance exemptions for the insecticide/miticide pyrethrum and 
insecticide synergist N-octyl bicycloheptene dicarboximide. In 
addition, EPA proposed to remove certain expired tolerances for 
disulfoton, fenamiphos, and thiophanate-methyl, and to reinstate 
specific tolerances for methamidophos residues as a result of the 
application of the insecticide acephate. Also, the proposal of May 19, 
2010 (75 FR 28155) provided a 60-day comment period which invited 
public comment for consideration and for support of tolerance retention 
under FFDCA standards.
    In this final rule, EPA is revoking, modifying, and establishing 
specific tolerances/tolerance exemptions for residues of cacodylic 
acid, dicamba, dicloran, diquat, disulfoton, EPTC, ethoprop, 
fenamiphos, hexazinone, methamidophos, methomyl, methyl bromide, N-
octyl bicycloheptene dicarboximide, phosmet, picloram, piperonyl 
butoxide, propazine, pyrethrins, pyrethrum, thiodicarb, and 
thiophanate-methyl in or on commodities listed in the regulatory text 
of this document. Also, EPA is removing certain expired tolerances for 
disulfoton, fenamiphos, and thiophanate-methyl, and reinstating 
specific tolerances for methamidophos residues as a result of the 
application of the insecticide acephate.
    EPA is finalizing these tolerance actions in order to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each Reregistration 
Eligibility Decision (RED) and Report on FQPA Tolerance Reassessment 
Progress and Interim Risk Management Decision (TRED) for the active 
ingredient. REDs and TREDs recommend the implementation of certain 
tolerance actions, including modifications, to reflect current use 
patterns, to meet safety findings and change commodity names and 
groupings in accordance with new EPA policy. Printed copies of many 
REDs and TREDs may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419; telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet at https://www.epa.gov/ncepihom and from the National 
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, 
VA 22161; telephone number: 1-800-553-6847 or (703) 605-6000; Internet 
at https://www.ntis.gov. Electronic copies of REDs and TREDs are 
available on the Internet at https://www.regulations.gov and https:// 
www.epa.gov/pesticides/reregistration/status.htm.
    In this final rule, EPA is revoking certain tolerances and/or 
tolerance exemptions because either they are no longer needed or are 
associated with food uses that are no longer registered under FIFRA in 
the United States. Those instances where registrations were canceled 
were because the registrant failed to pay the required maintenance fee 
and/or the registrant voluntarily requested cancellation of one or more 
registered uses of the pesticide active ingredient. The tolerances 
revoked by this final rule are no longer necessary to cover residues of 
the relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to issue a final rule revoking those tolerances 
and tolerance exemptions for residues of pesticide active ingredients 
on crop uses for which there are no active registrations under FIFRA, 
unless any person in comments on the proposal indicates a need for the 
tolerance or tolerance exemption to cover residues in or on imported 
commodities or legally treated domestic commodities.
    EPA has historically been concerned that retention of tolerances 
that are not necessary to cover residues in or on legally treated foods 
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
     Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
     EPA independently verifies that the tolerance is no longer 
needed.
     The tolerance is not supported by data that demonstrate 
that the tolerance meets the requirements under FQPA.
    In response to the proposal published in the Federal Register of 
May 19, 2010 (75 FR 28155), EPA received comments during the 60-day 
public comment period, as follows:
    1.  Disulfoton-- comment by Bayer CropScience. The commenter 
requested that the Agency delay revocation of the disulfoton tolerances 
proposed in the Federal Register of May 19, 2010 (75 FR 28155) because 
of communications received from trade channels and growers who claim 
that they will not exhaust their existing stocks for disulfoton use on 
those crops by EPA's proposed revocation dates. Therefore, Bayer 
CropScience requested that the Agency delay tolerance revocation by an 
additional 5 years.
    Agency response. In a follow-up communication with the Agency, 
Bayer CropScience provided disulfoton sales information over a recent 
period of years. The Agency has considered the information that Bayer 
provided together with the Agency's data on disulfoton production, 
sales, inventory, and use, and determined that there is a need for more 
time to exhaust existing stocks. The Agency believes that extending 
tolerance revocation by 1 additional year for lima and succulent snap 
beans, broccoli, Brussels sprouts, cabbage, cauliflower, cotton, coffee 
green beans, and asparagus, and by 2 additional years for head and leaf 
lettuce would allow sufficient time to exhaust existing stocks. 
Therefore, EPA is revoking the tolerances in 40 CFR 180.183(a) on bean, 
lima; bean, snap, succulent; broccoli; Brussels sprouts; cabbage; 
cauliflower; and cotton, undelinted seed with expiration/revocation 
dates of December 31, 2013, the tolerances in 40 CFR 180.183(a) on 
lettuce, head and lettuce, leaf with expiration/revocation dates of 
December 31, 2014, the tolerance in 40 CFR 180.183(a) on coffee, green 
bean with an expiration/revocation date of June 30, 2014, and the 
tolerance in 40 CFR 180.183(c) on asparagus with an expiration/
revocation date of December 31, 2013.
    In addition, EPA is finalizing all other amendments proposed 
concerning disulfoton in the Federal Register of May 19, 2010 (75 FR 
28155).
    2. EPTC--comment by Gowan Company. The commenter from Gowan 
requested that EPA delay revocation of

[[Page 60234]]

the EPTC tolerance on vegetable, root at 0.1 ppm until the Agency has 
reviewed residue data on carrots, which it had earlier submitted to the 
California Department of Pesticide Regulation (CDPR) to support a 
Special Local Need (SLN) in California. The commenter stated that CDPR 
had reviewed the carrot data and granted the SLN in 2008, and that the 
company would submit the residue data for EPTC on carrots to the Agency 
by July 30, 2010.
     Agency response. Recently, the Agency received magnitude of 
residue data for EPTC in/on carrots from Gowan Company. The Agency will 
consider the data for carrots and therefore, will not take any action 
on the vegetable, root tolerance in 40 CFR 180.117(a) at this time. 
Also, the Agency will not establish any of the proposed individual 
tolerances for beet, garden, roots; beet, sugar, roots; potato; and 
sweet potato, roots at this time. However, EPA is finalizing all other 
amendments proposed concerning EPTC in the Federal Register of May 19, 
2010 (75 FR 28155).
    3. Ethoprop--comment by Bayer CropScience. The commenter requested 
that the Agency not revoke the tolerance for ethoprop on pineapple. The 
commenter stated that there is still a need for the tolerance to cover 
pineapples imported into the United States. Bayer CropScience is also 
prepared to support an import tolerance where necessary.
    Agency response. Because Bayer CropScience has stated a continued 
need for the tolerance on pineapple in 40 CFR 180.262(a), the Agency 
will not take any action on the tolerance at this time with a footnote 
to denote that there are no registrations on pineapple in the United 
States as of July 23, 2009, except for existing stocks bearing old 
labeling whose sale, distribution, and use is allowed, provided it is 
consistent with the terms of the cancellation order of July 9, 2009. 
The proposed revocation, with a proposed effective date of January 9, 
2011, had been based on the Agency's belief that pineapple treated with 
existing stocks of ethoprop bearing old labeling whose sale, 
distribution, and use is allowed, provided it is consistent with the 
terms of the cancellation order of July 9, 2009, would have cleared the 
channels of trade by that time, about 1 year after the registrant was 
last permitted to sell and distribute stocks of the amended 
registration (concerning pineapple use deletion). Under that amended 
registration, the Agency will continue to allow the registrant to sell 
and distribute existing stocks of products bearing the old labeling for 
18 months after July 9, 2009; i.e., until January 9, 2011. Also, the 
Agency will continue to allow persons other than the registrant to sell 
and distribute those existing stocks of products bearing the old 
labeling and use of them until exhaustion, consistent with the terms of 
the cancellation order of July 9, 2009.
    However, EPA is revoking the tolerances for ethoprop in 40 CFR 
180.262(a) on corn, pop, grain and corn, pop, stover and revising the 
introductory text containing the tolerance expression in 40 CFR 
180.262(a).
    4. Malathion--i. comment by Cheminova, Inc.. The commenter from 
Cheminova requested that the Agency not revoke any existing tolerance 
in 40 CFR 180.111 for malathion until the Agency can establish a 
tolerance for inadvertent residues to cover critical uses including 
public health mosquito and fly control, exotic/imported pest 
suppression and eradication programs, grasshopper/mormon cricket 
suppression programs, and other quarantine programs administered or 
directed by the United States Department of Agriculture and Individual 
states. In addition to its general concerns, Cheminova requested that 
animal tolerances for malathion in 40 CFR 180.111 be retained since the 
Agency's human health risk assessment did not have a health-related 
concern that necessitated revocation of animal tolerances and to avoid 
trade irritant issues that may arise from mistaken views about use of 
malathion on animal feed products. Also, the commenter requested that 
the tolerances on non-medicated cattle feed concentrate blocks 
(residues resulting from malathion application to paper used in 
packaging) and citrus, dried pulp (residues resulting from malathion 
application to bagged citrus pulp during storage) in 40 CFR 180.111 not 
be revoked to avoid trade barriers concerning pre-harvest use of 
malathion related to any animal feed commodity, and cited orange 
processing data that showed a need for the establishment of a citrus, 
dried pulp tolerance as a result of foliar application of malathion to 
citrus.
    ii. Comments by American Mosquito Control Association (AMCA), the 
Texas Boll Weevil Eradication Foundation, Inc., and the National Cotton 
Council of America (NCC). The commenters requested that the Agency not 
revoke existing tolerances in 40 CFR 180.111 for malathion because of 
boll weevil and public health mosquito control use of malathion in the 
vicinity of crop commodities, including cotton, and the potential for 
inadvertent deposition of malathion residues on adjacent crops.
    iii. Comment by the United States Department of Agriculture's 
Animal and Public Health Inspection Service. The commenter requested 
that the Agency not revoke existing tolerances for bagged citrus pulp 
and peanut, hay in 40 CFR 180.111 for malathion because of pest control 
use of malathion in citrus groves and areas adjoining cotton and peanut 
fields; and the potential for inadvertent deposition of malathion 
residues on adjacent crops.
    Agency response. Malathion tolerances for animal commodities were 
originally based on use patterns involving direct animal treatments 
with malathion. Subsequently, direct animal treatment uses were not 
supported for reregistration, eliminating this exposure pathway. In the 
malathion Reregistration Eligibility Decision (RED), tolerances on 
livestock commodities were recommended to be revoked based on no active 
registrations for direct animal treatment and available ruminant and 
poultry metabolism data at exaggerated feeding rates of malathion-
treated livestock feeds, from which EPA concluded that no residues of 
malathion or malaoxon occur in eggs, milk, and animal tissues as a 
result of dietary exposure to these animals. However, the Agency 
intends to reevaluate its decision on whether livestock commodity 
tolerances may be needed based on pending and recently reviewed 
livestock feed item residue data that were not available at the time of 
the RED. Therefore, the Agency will defer its decision of whether to 
revoke the livestock commodity tolerances until all required livestock 
feed residue data have been received and reviewed.
    Also, the Agency is not finalizing tolerance actions at this time 
on plant commodity tolerances in 40 CFR 180.111 which had been proposed 
for revocation in the Federal Register on May 19, 2010 (75 FR 28155). 
However, the Agency is revising the commodity terminology for ``bean, 
dry seed'' to ``bean, dry, seed.''
    5. Methamidophos--comment by Bayer CropScience. The commenter 
requested that the Agency delay revocation of the methamidophos 
tolerances on cotton, potato, and tomato because of communications 
received from trade channels and growers who claim that they will not 
exhaust their existing stocks for methamidophos use on those crops by 
EPA's proposed revocation dates. Therefore, Bayer CropScience requested 
that the Agency delay tolerance revocation for the three crop 
commodities from December 31, 2012 by an additional 3 years.
    Agency response. In a follow-up communication with the Agency, 
Bayer

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CropScience agreed that 1 additional year for methamidophos use would 
allow sufficient time to exhaust existing stocks; i.e., tolerance 
revocation on December 31, 2013. Because there is a need for more time 
to exhaust existing stocks of methamidophos for use on cotton, potato, 
and tomato, EPA is extending the time by 1 year and revoking the 
tolerances in 40 CFR 180.315 on cotton, undelinted seed, potato, and 
tomato with expiration/revocation dates of December 31, 2013. Also, EPA 
is redesignating 40 CFR 180.315(b) as 40 CFR 180.315(c), removing the 
tolerance on tomato from 40 CFR 180.315(a) and transferring it to newly 
designated and revised 40 CFR 180.315(c), and increasing the tolerance 
on tomato to 2.0 ppm.
    In addition, EPA is finalizing all other amendments proposed 
concerning methamidophos in the Federal Register of May 19, 2010 (75 FR 
28155).
    6. Methomyl--comment by DuPont Crop Protection. Regarding the 
proposed revocation of the methomyl tolerance on leeks at 3.0 ppm, a 
commenter asked if in the future, DuPont submits an action to add leeks 
to the methomyl labels whether that use on leeks would be covered per 
40 CFR 180.1(g) by the existing tolerance of 3 ppm on onion, green in 
40 CFR 180.253.
    Agency response. There have been no active food-use registrations 
for use of methomyl on leeks in the United States for more than 10 
years, and therefore the tolerance is no longer needed. Therefore, EPA 
is revoking the tolerance in 40 CFR 180.253(a) on leeks. If in future, 
DuPont submits an action to add leeks to methomyl labels, the Agency 
would consider if data are needed, and whether a tolerance level of 3 
ppm for onion, green in 40 CFR 180.253 is appropriate per 40 CFR 
180.1(g) to cover use on leeks or a new tolerance should be established 
separately on leeks.
    Also, EPA is revoking the tolerances for methomyl in 40 CFR 
180.253(a) on strawberry and watercress.
    The Agency did not receive any specific comments, during the 60-day 
comment period, on the following pesticide active ingredients: 
Acephate, cacodylic acid, dicamba, dicloran (DCNA), diquat, fenamiphos, 
hexazinone, methyl bromide, N-octyl bicycloheptene dicarboximide (MGK-
264), phosmet, picloram, piperonyl butoxide, propazine, pyrethrins, 
pyrethrum, thiodicarb, and thiophanate-methyl. Therefore, EPA is 
finalizing the amendments proposed concerning these pesticide active 
ingredients in the Federal Register of May 19, 2010 (75 FR 28155). For 
a detailed discussion of the Agency's rationale for the establishments, 
revocations, and modifications to the tolerances/tolerance exemptions, 
refer to the proposed rule of May 19, 2010 (75 FR 28155).

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

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes, and as follow-up on canceled uses of 
pesticides. As part of these processes, EPA is required to determine 
whether each of the amended tolerances meets the safety standards under 
FFDCA. The safety finding determination is found in detail in each 
post-FQPA RED and TRED for the active ingredient. REDs and TREDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, to meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed and electronic copies of the REDs and TREDs are 
available as provided in Unit II.A.
    EPA has issued REDs for acephate, cacodylic acid, dicamba, dicloran 
(DCNA), diquat, disulfoton, EPTC, ethoprop, malathion, methamidophos, 
methomyl, methyl bromide, N-octyl bicycloheptene dicarboximide, 
phosmet, picloram, piperonyl butoxide, pyrethrins, pyrethrum (see 
pyrethrins), thiodicarb, and thiophanate-methyl, and TREDs for 
hexazinone, methyl bromide, and propazine. REDs and TREDs contain the 
Agency's evaluation of the database for these pesticides, including 
statements regarding additional data on the active ingredients that may 
be needed to confirm the potential human health and environmental risk 
assessments associated with current product uses, and REDs state 
conditions under which these uses and products will be eligible for 
reregistration. The REDs and TREDs recommended the establishment, 
modification, and/or revocation of specific tolerances. RED and TRED 
recommendations such as establishing or modifying tolerances, and in 
some cases revoking tolerances, are the result of assessment under the 
FFDCA standard of ``reasonable certainty of no harm.'' However, 
tolerance revocations recommended in REDs and TREDs that are made final 
in this document do not need such assessment when the tolerances are no 
longer necessary.
    EPA's general practice is to revoke tolerances for residues of 
pesticide active ingredients on crops for which FIFRA registrations no 
longer exist and on which the pesticide may therefore no longer be used 
in the United States. EPA has historically been concerned that 
retention of tolerances that are not necessary to cover residues in or 
on legally treated foods may encourage misuse of pesticides within the 
United States. Nonetheless, EPA will establish and maintain tolerances 
even when corresponding domestic uses are canceled if the tolerances, 
which EPA refers to as ``import tolerances,'' are necessary to allow 
importation into the United States of food containing such pesticide 
residues. However, where there are no imported commodities that require 
these import tolerances, the Agency believes it is appropriate to 
revoke tolerances for unregistered pesticides in order to prevent 
potential misuse.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, the Agency gives consideration to possible 
pesticide residues in meat, milk, poultry, and/or eggs produced by 
animals that are fed agricultural products (for example, grain or hay) 
containing pesticides residues (40 CFR 180.6). If there is no 
reasonable expectation of finite pesticide residues in or on meat, 
milk, poultry, or eggs, then tolerances do not need to be established 
for these commodities (40 CFR 180.6(b) and 180.6 (c)).

C. When Do These Actions Become Effective?

    With the exception of certain tolerances for cacodylic acid, 
dicloran, disulfoton, methamidophos, and methyl bromide for which EPA 
is revoking with specific expiration/revocation dates, the Agency is 
revoking, modifying, and establishing specific tolerances, and revising 
specific tolerance nomenclatures effective on the date of publication 
of this final rule in the Federal Register. With the exception of the 
revocation of specific tolerances for cacodylic acid, dicloran, 
disulfoton, methamidophos, and methyl bromide, the Agency believes that 
existing stocks of pesticide products labeled for the uses associated 
with the revoked tolerances have been completely exhausted and that 
treated commodities have had sufficient time for passage through the 
channels of trade. EPA is revoking the cacodylic acid tolerance on 
cotton, undelinted seed with an expiration date of January 1, 2012; 
dicloran tolerance on carrot, roots, postharvest with an expiration/
revocation date of November 2, 2011;

[[Page 60236]]

disulfoton tolerances on bean, lima; bean, snap, succulent; broccoli; 
Brussels sprouts; cabbage; cauliflower; cotton, undelinted seed; and 
asparagus with expiration dates of December 31, 2013; disulfoton 
tolerances on lettuce, head and lettuce, leaf wtih expiration/
revocation dates of December 31, 2014; disulfoton tolerance on coffee, 
green bean with an expiration/revocation date of June 30, 2014; 
methamidophos tolerances on broccoli and cabbage with expiration/
revocation dates of December 31, 2012 and cotton, undelinted seed; 
tomato; and potato with expiration/revocation dates of December 31, 
2013; methyl bromide tolerance on timothy, hay, postharvest with an 
expiration/revocation date of October 19, 2010; and methyl bromide 
tolerances on alfalfa, hay, postharvest and cotton, undelinted seed 
with expiration/revocation dates of October 31, 2011. The Agency 
believes that these revocation dates allow users to exhaust stocks and 
allow sufficient time for passage of treated commodities through the 
channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by FQPA. Under 
this unit, any residues of these pesticides in or on such food shall 
not render the food adulterated so long as it is shown to the 
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates that the 
pesticide was applied to such food.

III. 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 cacodylic acid, dicamba, 
EPTC, hexazinone, N-octyl bicycloheptene dicarboximide, picloram, 
propazine, pyrethrum, thiodicarb, and thiophanate-methyl, or MRL in or 
on corn, pop, grain; corn, pop, stover; or pineapple for ethoprop; or 
MRL in or on citrus, dried pulp; citrus, oil; fruit, citrus, group 10; 
or garlic for fenamiphos; or MRL for citrus, dried pulp; cranberry; 
peanut, hay; peanut, postharvest; raisins; safflower, seed; safflower, 
refined oil; sunflower, seed, postharvest; fat, meat, and meat 
byproducts of cattle, goats, hogs, horses, poultry, and sheep; egg; 
milk, fat; or nonmedicated cattle feed concentrate blocks for 
malathion; or MRL in or on alfalfa, hay, postharvest; cotton, 
undelinted seed; mango, postharvest; papaya, postharvest; or timothy, 
hay, postharvest for bromide ion or methyl bromide; or MRL in or on 
leek; strawberry; or watercress for methomyl; or MRL in or on broccoli; 
Brussels sprouts; cabbage; lettuce; or tomato for methamidophos.
     The Codex has established MRLs for dicloran in or on commodities 
including carrot, postharvest at 15 mg/kg. This MRL is different than 
the current tolerance established for dicloran at 10 ppm in the United 
States, which EPA is revoking in this final rule. The tolerance was 
reassessed in the RED at 10 ppm and was harmonized with Codex at that 
time.
     The Codex has established MRLs for diquat in or on commodities 
including sorghum at 2 mg/kg and soya bean (dry) at 0.2 mg/kg. These 
MRLs are the same as the current tolerances for diquat in or on 
sorghum, grain, grain and soybean, seed in the United States, which EPA 
is revoking in this final rule.
     The Codex has established MRLs for disulfoton in or on commodities 
including asparagus at 0.02 mg/kg; cotton seed at 0.1 mg/kg. These MRLs 
are different than the current tolerances established for disulfoton in 
or on asparagus at 0.1 ppm and cotton, undelinted seed at 0.75 ppm in 
the United States, both of which EPA is revoking in this final rule. 
The tolerances were reassessed in the RED and were not harmonized with 
Codex levels because of differences in good agricultural practices. The 
Codex MRL for disulfoton in or on coffee beans is the same as the 
current tolerance for disulfoton in or on coffee, green bean, which EPA 
is revoking in this final rule.
     The Codex has established MRLs for methamidophos in or on 
commodities including cauliflower at 0.5 mg/kg; cotton seed at 0.2 mg/
kg; chili peppers at 2 mg/kg; sweet peppers at 1 mg/kg; and potato at 
0.05 mg/kg. These MRLs are different than the current tolerances 
established for methamidophos from methamidophos application in or on 
cauliflower at 1.0 ppm; cotton, undelinted seed at 0.1 ppm; pepper at 
1.0 ppm; and potato at 0.1 ppm in the United States, all of which EPA 
is revoking in this final rule. The tolerances were reassessed in the 
RED and were not harmonized with the Codex levels because of 
differences in good agricultural practices. While methamidophos is a 
metabolite of acephate and EPA is re-instating certain methamidophos 
tolerances as a result of the application of acephate, Codex has 
established MRLs for acephate but for compliance purposes has defined 
them as only acephate residues.
     The Codex has established MRLs for phosmet in or on commodities 
including cotton seed at 0.05 mg/kg. This MRL is different than the 
current tolerance established for phosmet in or on cotton, undelinted 
seed at 0.1 ppm in the United States, which EPA is revoking in this 
final rule. The tolerance was reassessed in the RED and was not 
harmonized with the Codex level because of differences in good 
agricultural practices and tolerance expression where total residues 
for U.S. tolerances included phosmet's oxygen analog.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this rule has been exempted from review under Executive Order 
12866 due to its lack of significance, this rule is not subject to 
Executive Order 13211, entitled Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any

[[Page 60237]]

enforceable duty or contain any unfunded mandate as described under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). Nor does it require any special considerations as required by 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994); or OMB review or any other 
Agency action under Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997). This action does not involve any technical standards 
that would require Agency consideration of voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-13, section 12(d) 
(15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency previously assessed whether 
establishment of tolerances, exemptions from tolerances, raising of 
tolerance levels, expansion of exemptions, or revocations might 
significantly impact a substantial number of small entities and 
concluded that, as a general matter, these actions do not impose a 
significant economic impact on a substantial number of small entities. 
These analyses for tolerance establishments and modifications, and for 
tolerance revocations were published on May 4, 1981 (46 FR 24950) and 
on December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were 
provided to the Chief Counsel for Advocacy of the Small Business 
Administration. Taking into account this analysis, and available 
information concerning the pesticides listed in this rule, the Agency 
hereby certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities. 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 the proposed rule, as mentioned in Unit II.A.). Furthermore, for the 
pesticides named in this final rule, the Agency knows of no 
extraordinary circumstances that exist as to the present revocations 
that would change EPA's previous analysis. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This final 
rule directly regulates growers, food processors, food handlers, and 
food retailers, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of section 408(n)(4) of FFDCA. 
For these same reasons, the Agency has determined that this 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 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 rule.

V. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: September 10, 2010.
Steven Bradbury,
Director, Office of Pesticide Programs.

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

PART 180--[AMENDED]

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

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


0
2. Section 180.108 is amended as follows:
0
a. Revise the introductory text to paragraph (a)(1).
0
b. Revise footnote 1 to the table in paragraph (a)(1).
0
c. Revise paragraph (a)(2).
0
d. Add paragraph (a)(3).
0
e. Revise paragraph (c).
0
The revised and added text reads as follows:


Sec.  180.108  Acephate; tolerances for residues.

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

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


[[Page 60238]]

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

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

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

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

* * * * *

0
3. In Sec.  180.111 revise the table in paragraph (a)(1) to read as 
follows:


Sec.  180.111  Malathion; tolerances for residues.

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

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          135
Alfalfa, hay...............................................          135
Almond, hulls..............................................           50
Almond, postharvest........................................            8
Apple......................................................            8
Apricot....................................................            8
Asparagus..................................................            8
Avocado....................................................            8
Barley, grain, postharvest.................................            8
Bean, dry, seed............................................            8
Bean, succulent............................................            8
Beet, garden, roots........................................            8
Beet, garden, tops.........................................            8
Beet, sugar, roots.........................................            1
Beet, sugar, tops..........................................            8
Blackberry.................................................            8
Blueberry..................................................            8
Boysenberry................................................            8
Carrot, roots..............................................            8
Chayote, fruit.............................................            8
Chayote, roots.............................................            8
Cherry.....................................................            8
Chestnut...................................................            1
Clover, forage.............................................          135
Clover, hay................................................          135
Corn, field, forage........................................            8
Corn, field, grain, postharvest............................            8
Corn, pop, grain, postharvest..............................            8
Corn, sweet, forage........................................            8
Corn, sweet, kernel plus cob with husks removed............            2
Cowpea, forage.............................................          135
Cowpea, hay................................................          135
Cranberry..................................................            8
Cucumber...................................................            8
Currant....................................................            8
Date, dried fruit..........................................            8
Dewberry...................................................            8
Eggplant...................................................            8
Fig........................................................            8
Flax, seed.................................................          0.1
Garlic, bulb...............................................            8
Gooseberry.................................................            8
Grape......................................................            8
Grapefruit.................................................            8
Guava......................................................            8
Hazelnut...................................................            1
Hop, dried cones...........................................            1
Horseradish................................................            8
Kumquat....................................................            8
Leek.......................................................            8
Lemon......................................................            8
Lentil, seed...............................................            8
Lespedeza, hay.............................................          135
Lime.......................................................            8
Loganberry.................................................            8
Lupin, seed................................................            8
Mango......................................................            8
Melon......................................................            8
Mushroom...................................................            8
Nectarine..................................................            8
Nut, macadamia.............................................            1
Oat, grain, postharvest....................................            8
Okra.......................................................            8
Onion, bulb................................................            8
Onion, green...............................................            8
Orange.....................................................            8
Papaya.....................................................            1
Parsnip....................................................            8
Passionfruit...............................................            8
Pea........................................................            8
Pea, field, hay............................................            8
Pea, field, vines..........................................            8
Peach......................................................            8
Peanut, hay................................................          135
Peanut, postharvest........................................            8
Pear.......................................................            8
Pecan......................................................            8
Pepper.....................................................            8
Peppermint, tops...........................................            8
Pineapple..................................................            8
Plum.......................................................            8
Plum, prune................................................            8
Potato.....................................................            8
Pumpkin....................................................            8
Quince.....................................................            8
Radish.....................................................            8
Raspberry..................................................            8
Rice, grain, postharvest...................................            8
Rice, wild.................................................            8
Rutabaga...................................................            8
Rye, grain, postharvest....................................            8
Safflower, seed............................................          0.2
Salsify, roots.............................................            8
Salsify, tops..............................................            8
Shallot, bulb..............................................            8
Sorghum, grain, forage.....................................            8
Sorghum, grain, grain, postharvest.........................            8
Soybean, forage............................................          135
Soybean, hay...............................................          135
Soybean, seed..............................................            8
Soybean, vegetable, succulent..............................            8
Spearmint, tops............................................            8
Squash, summer.............................................            8
Squash, winter.............................................            8
Strawberry.................................................            8
Sunflower, seed, postharvest...............................            8
Sweet potato, roots........................................            1
Tangerine..................................................            8
Tomato.....................................................            8
Trefoil, forage............................................          135
Trefoil, hay...............................................          135
Turnip, greens.............................................            8
Turnip, roots..............................................            8
Vegetable, brassica, leafy, group 5........................            8
Vegetable, leafy, except brassica, group 4.................            8

[[Page 60239]]

 
Vetch, hay.................................................          135
Walnut.....................................................            8
Wheat, grain, postharvest..................................            8
------------------------------------------------------------------------

* * * * *

0
4. Revise Sec.  180.117 to read as follows:


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

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

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

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

0
5. In Sec.  180.123 revise the table in paragraph (a)(1) to read as 
follows:


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

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

----------------------------------------------------------------------------------------------------------------
                      Commodity                             Parts per million        Expiration/Revocation Date
----------------------------------------------------------------------------------------------------------------
Alfalfa, hay, postharvest...........................                          50.0                      10/31/11
Almond, postharvest.................................                         200.0                          None
Apple, postharvest..................................                           5.0                          None
Apricot, postharvest................................                          20.0                          None
Artichoke, jerusalem, postharvest...................                          30.0                          None
Asparagus, postharvest..............................                         100.0                          None
Avocado, postharvest................................                          75.0                          None
Barley, grain, postharvest..........................                          50.0                          None
Bean, lima, postharvest.............................                          50.0                          None
Bean, postharvest...................................                          50.0                          None
Bean, snap, succulent, postharvest..................                          50.0                          None
Bean, succulent, postharvest........................                          50.0                          None
Beet, garden, roots, postharvest....................                          30.0                          None
Beet, sugar, roots, postharvest.....................                          30.0                          None
Blueberry, postharvest..............................                          20.0                          None
Butternut, postharvest..............................                         200.0                          None
Cabbage, postharvest................................                          50.0                          None
Cacao bean, roasted bean, postharvest...............                          50.0                          None
Cantaloupe, postharvest.............................                          20.0                          None
Carrot, roots, postharvest..........................                          30.0                          None
Cashew, postharvest.................................                         200.0                          None
Cherry, sweet, postharvest..........................                          20.0                          None
Cherry, tart, postharvest.....