Atrazine, Chloroneb, Chlorpyrifos, Clofencet, Endosulfan, et al.; Proposed Tolerance Actions, 25281-25295 [2011-10553]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Proposed Rules]
[Pages 25281-25295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0104; FRL-8870-4]


Atrazine, Chloroneb, Chlorpyrifos, Clofencet, Endosulfan, et al.; 
Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances in follow-up to 
canceled uses for chlorpyrifos, chloroneb, clofencet, endosulfan, ethyl 
parathion, methidathion, methyl parathion, and N,N-diethyl-2-(4-
methylbenzyloxy)ethylamine, modify certain tolerances for atrazine, 
establish tolerances for endosulfan, and make minor revisions to 
tolerance expressions for a few of the aforementioned pesticide 
ingredients. Also, EPA will be removing currently expired tolerances 
for methidathion, and ethyl and methyl parathion.

DATES: Comments must be received on or before July 5, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0104, 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-
2011-0104. 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 Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at 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.

[[Page 25282]]


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 
FFDCA section 408(f), if needed. The order would specify data needed 
and the timeframes for its submission, and would require that within 90 
days some person or persons notify EPA that they will submit the data. 
If the data are not submitted as required in the order, EPA will take 
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What action is the agency taking?

    EPA is proposing to revoke certain tolerances, proposing some with 
expiration dates, for the insecticides chlorpyrifos, endosulfan, 
methidathion, methyl parathion, and ethyl parathion, the fungicide 
chloroneb, and the plant growth regulators clofencet and N,N-diethyl-2-
(4-methylbenzyloxy)ethylamine hydrochloride. Also, EPA is proposing to 
modify certain tolerances for the herbicide atrazine. In addition, EPA 
is proposing to establish new tolerances with expiration/revocation 
dates for the insecticide endosulfan. Moreover, in accordance with 
current Agency practice to describe more clearly the measurement and 
scope or coverage of the tolerances, including applicable metabolites 
and degradates, EPA is proposing minor revisions to tolerance 
expressions for a number of pesticide active ingredients, including the 
insecticides endosulfan, methidathion, and methyl parathion, the 
fungicide chloroneb, and the plant growth regulator clofencet. The 
revisions do not substantively change the tolerance or, in any way, 
modify the permissible level of residues permitted by the tolerance. In 
addition, EPA will be removing currently expired tolerances for 
methidathion, methyl parathion, and ethyl parathion.
    EPA is proposing these tolerance actions to follow-up on canceled 
uses of chloroneb, chlorpyrifos, clofencet, N,N-diethyl-2-(4-
methylbenzyloxy)ethylamine hydrochloride, endosulfan, ethyl parathion, 
methidathion, and methyl parathion, and modify certain tolerances as 
recommended in the atrazine Reregistration Eligibility Decision (RED) 
of 2006. As part of the tolerance reassessment process, EPA is required 
to determine whether each of the amended tolerances meets the safety 
standard of FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each RED and Report of 
the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress 
and 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, 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/

[[Page 25283]]

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. An electronic copy is available on the Internet for the 
atrazine interim RED in docket EPA-HQ-OPP-2003-0072 at https://www.regulations.gov and for the atrazine final RED at https://www.epa.gov/pesticides/reregistration/status.htm.
    The selection of an individual tolerance level is based on crop 
field residue studies designed to produce the maximum residues under 
the existing or proposed product label. Generally, the level selected 
for a tolerance is a value slightly above the maximum residue found in 
such studies, provided that the tolerance is safe. The evaluation of 
whether a tolerance is safe is a separate inquiry. EPA recommends the 
raising of a tolerance when data show that:
    1. Lawful use (sometimes through a label change) may result in a 
higher residue level on the commodity.
    2. The tolerance remains safe, notwithstanding increased residue 
level allowed under the tolerance.
    In REDs, Chapter IV on ``Risk management, Reregistration, and 
Tolerance reassessment'' typically describes the regulatory position, 
FQPA assessment, cumulative safety determination, determination of 
safety for U.S. general population, and safety for infants and 
children. In particular, the human health risk assessment document 
which supports the RED describes risk exposure estimates and whether 
the Agency has concerns. In TREDs, the Agency discusses its evaluation 
of the dietary risk associated with the active ingredient and whether 
it can determine that there is a reasonable certainty (with appropriate 
mitigation) that no harm to any population subgroup will result from 
aggregate exposure. EPA also seeks to harmonize tolerances with 
international standards set by the Codex Alimentarius Commission, as 
described in Unit III.
    Explanations for proposed modifications in tolerances can be found 
in the RED and TRED document and in more detail in the Residue 
Chemistry Chapter document which supports the RED and TRED. Copies of 
the Residue Chemistry Chapter documents are found in the Administrative 
Record and an electronic copy for atrazine is available in the public 
docket for this proposed rule. Electronic copies are available through 
EPA's electronic docket and comment system, regulations.gov at https://www.regulations.gov. You may search for this proposed rule under docket 
ID number EPA-HQ-OPP-2011-0104, then click on that docket ID number to 
view its contents.
    EPA has determined that the aggregate exposures and risks are not 
of concern for the above mentioned pesticide active ingredients based 
upon the data identified in the RED or TRED which lists the submitted 
studies that the Agency found acceptable.
    EPA has found that the tolerances that are proposed in this 
document to be modified, are safe; i.e., that there is a reasonable 
certainty that no harm will result to infants and children from 
aggregate exposure to the pesticide chemical residues, in accordance 
with FFDCA section 408(b)(2)(C). (Note that changes to tolerance 
nomenclature do not constitute modifications of tolerances). These 
findings are discussed in detail in each RED or TRED. The references 
are available for inspection as described in this document under 
SUPPLEMENTARY INFORMATION.
    In addition, EPA is proposing to revoke certain specific tolerances 
because either they are no longer needed or are associated with food 
uses that are no longer registered under FIFRA. 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. 
It is EPA's general practice to propose revocation of those tolerances 
for residues of pesticide active ingredients on crop uses for which 
there are no active registrations under FIFRA, unless any person in 
comments on the proposal indicates a need for the tolerance to cover 
residues in or on imported commodities or legally treated domestic 
commodities.
    Certain tolerances pertaining to the pesticides subject to this 
proposal have expired due to previous EPA regulation setting expiration 
dates. 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. Atrazine. Based on available field trial data that showed 
combined atrazine residues of concern as high as 1.1 ppm in or on field 
corn forage harvested 60 days after treatment and product labels that 
show a pre-harvest interval (PHI) of 60 days for field corn forage, the 
Agency determined that the tolerance on corn, field, forage should be 
decreased from 15 to 1.5 ppm. Therefore, EPA is proposing in 40 CFR 
180.220(a) to decrease the tolerance on corn, field, forage to 1.5 ppm.
    Also, based on available field trial data that showed combined 
atrazine residues of concern as high as 0.18 ppm in or on sorghum 
forage harvested 60 days after a single pre-emergence 1X application 
and <0.1 ppm in or on sorghum forage harvested 45 days after a 0.25X 
pre-emergence application followed by one post-emergence 1X application 
(the maximum use pattern), and product labels that show PHIs of 60 and 
45 days for pre-emergence and post-emergence treatment of sorghum 
forage, respectively, the Agency determined that the tolerances on 
sorghum, forage, forage and sorghum, grain forage should each be 
decreased from 15 to 0.25 ppm, and sorghum, grain forage revised to 
sorghum, grain, forage. Therefore, EPA is proposing in 40 CFR 
180.220(a) to decrease the tolerance on sorghum, forage, forage to 0.25 
ppm and decrease the tolerance on sorghum, grain forage to 0.25 ppm and 
revise it to sorghum, grain, forage.
    2. Chloroneb. In the Federal Register notice of May 25, 2007 (72 FR 
29315) (FRL-8121-6), EPA published a notice of receipt of requests to 
voluntarily cancel certain uses, including uses of chloroneb as a seed 
treatment on beans, cowpeas, cotton, lupine, soybeans, and sugarbeets. 
In the Federal Register notice of November 7, 2007 (72 FR 62847) (FRL-
8154-7), EPA approved cancellation of the affected product 
registrations and permitted the registrant to sell and distribute 
existing stocks of the affected products containing chloroneb for one 
year after the date of the request; i.e., until February 7, 2008. 
Persons other than registrant are permitted to sell, distribute, and/or 
use existing stocks of canceled chloroneb products until they are 
exhausted, provided that the use complies with the EPA approved label 
and labeling of the affected products. In the Federal Register notice 
of April 16, 2008 (73 FR 20642) (FRL-8358-5), EPA published a notice of 
receipt of requests to voluntarily cancel certain registrations, 
including uses of chloroneb as a seed treatment on beans and cotton, 
the last uses of chloroneb as seed treatments in the United States. On 
October 14, 2008, EPA approved cancellation of the last seed treatment 
product registrations for use of chloroneb. The registrant is permitted 
to sell and distribute existing stocks of the

[[Page 25284]]

affected products containing chloroneb for one year after the date of 
the request; i.e., until April 16, 2009. Persons other than registrant 
are permitted to sell, distribute, and/or use existing stocks of 
canceled chloroneb products until they are exhausted, provided that the 
use complies with the EPA approved label and labeling of the affected 
product.
    EPA believes that existing stocks are likely to be exhausted by 
April 16, 2012. Therefore, EPA is proposing to revoke the tolerances 
for chloroneb in 40 CFR 180.257(a) on bean, dry, seed; bean, succulent; 
beet, sugar, roots; beet, sugar, tops; cowpea, forage; cowpea, hay; 
cattle, fat; cattle, meat; cattle, meat byproducts; cotton, gin 
byproducts; cotton, undelinted seed; goat, fat; goat, meat; goat, meat 
byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat; 
horse, meat; horse, meat byproducts; milk; sheep, fat; sheep, meat; 
sheep, meat byproducts; soybean, forage; soybean, hay; and soybean, 
seed; each with an expiration/revocation date of April 16, 2012.
    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 180.257(a) to read 
as follows:
    Tolerances are established for residues of the fungicide chloroneb, 
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 chloroneb, 1,4-dichloro-2,5-dimethoxybenzene, and its metabolite 
2,5-dichloro-4-methoxyphenol (free and conjugated), calculated as the 
stoichiometric equivalent of chloroneb, in or on the commodity.
    3. Chlorpyrifos. There are no active registrations, and there have 
been none, for use of chlorpyrifos in or on lettuce in the United 
States. EPA established in 40 CFR 180.342 the lettuce tolerance for 
chlorpyrifos on September 17, 2008 (73 FR 53732) (FRL-8375-2). However, 
while the chlorpyrifos IRED of 2001 and RED of 2006 recommended a 
tolerance on lettuce, noting petition 4F3132 which had been submitted 
on July 31, 1984, the registrant had withdrawn the petition on July 24, 
2006. Therefore, the lettuce tolerance is no longer needed and should 
be revoked. Consequently, EPA is proposing to revoke the tolerance in 
40 CFR 180.342(a)(1) on lettuce.
    4. Clofencet. In accordance with current Agency practice, EPA is 
proposing to revise 40 CFR 180.497 by redesignating currently existing 
paragraph (b) as paragraph (d) for indirect or inadvertent residues, 
adding and reserving new paragraph (b) for tolerances with section 18 
emergency exemptions, and adding and reserving new paragraph (c) for 
tolerances with regional registrations.
    In the Federal Register of April 28, 2010 (75 FR 22404) (FRL-8822-
1), EPA published a notice of receipt of requests to voluntarily cancel 
all pesticide registrations containing clofencet. In the Federal 
Register notice of July 14, 2010 (75 FR 40825) (FRL-8833-4), EPA 
approved cancellation of the last FIFRA product registrations for use 
of clofencet in the United States. The registrant is permitted to sell 
and distribute existing stocks of the affected products containing 
clofencet until July 14, 2011. Persons other than the registrant are 
permitted to sell, distribute, and/or use existing stocks of canceled 
clofencet products until they are exhausted, provided that the use 
complies with the EPA approved label and labeling of the affected 
products. However, the registrant believes that there is little or no 
product in the channels of trade. Therefore, EPA is proposing to revoke 
the tolerances in 40 CFR 180.497(a) on cattle, fat; cattle, kidney; 
cattle, meat; cattle, meat byproducts, except kidney; egg; goat, fat; 
goat, kidney; goat, meat; goat, meat byproducts, except kidney; hog, 
fat; hog, kidney; hog, meat; hog, meat byproducts, except kidney; 
horse, fat; horse, kidney; horse, meat; horse, meat byproducts, except 
kidney; milk; poultry, fat; poultry, meat; poultry, meat byproducts; 
sheep, fat; sheep, kidney; sheep, meat; sheep, meat byproducts, except 
kidney; wheat, forage; wheat, grain; wheat, hay; and wheat, straw; each 
with an expiration/revocation date of July 14, 2012, and tolerances for 
indirect or inadvertent residues in newly designated 40 CFR 180.497(d) 
on grain, cereal, forage, fodder and straw, group 16, except rice, 
sweet corn, wheat, and wild rice; forage; grain, cereal, forage, fodder 
and straw, group 16, except rice, sweet corn, wheat, and wild rice; 
hay; grain, cereal, forage, fodder and straw, group 16, except rice, 
sweet corn, wheat, and wild rice; stover; grain, cereal, forage, fodder 
and straw, group 16, except rice, sweet corn, wheat, and wild rice; 
straw; grain, cereal group 15, except rice, sweet corn, wheat, and wild 
rice; soybean; soybean, forage; and soybean, hay; each with an 
expiration/revocation date of July 14, 2012.
    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 180.497(a) to read 
as follows:
    Tolerances are established for residues of the plant growth 
regulator (hybridizing agent) clofencet, 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 clofencet, potassium 2-(4-
chlorophenyl)-3-ethyl-2,5-dihydro-5-oxo-4-pyridazinecarboxylate, 
expressed as the free acid, in or on the commodity.
    Also, EPA is proposing to revise the introductory text containing 
the tolerance expression in newly designated 40 CFR 180.497(d) to read 
as follows:
    Tolerances are established for indirect or inadvertent residues of 
the plant growth regulator (hybridizing agent) clofencet, 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 clofencet, potassium 2-
(4-chlorophenyl)-3-ethyl-2,5-dihydro-5-oxo-4-pyridazinecarboxylate, 
expressed as the free acid, in or on the commodity when present therein 
as a result of the application of clofencet to the growing crops in 
paragraph (a) of this section.
    5. N,N-Diethyl-2-(4-methylbenzyloxy)ethylamine hydrochloride. 
Because there have been no active registrations for N,N-diethyl-2-(4-
methylbenzyloxy)ethylamine hydrochloride in the United States since 
2004, the sole existing tolerance, which is on orange, sweet, is no 
longer needed and should be revoked. Therefore, EPA is proposing to 
revoke the tolerance in 40 CFR 180.558(a) on orange, sweet and remove 
that section in its entirety.
    6. Endosulfan. There have been no active registrations for use of 
endosulfan in the United States for rapeseed and watercress since 
October 2004; sugarcane since July 2005; grapes, succulent peas, 
pecans, and spinach since December 2005; barley, oats, rye, and wheat 
since October 2007. There are no active registrations for use of 
endosulfan in the United States for growing tea and there may never 
have been one. Therefore, these tolerances are no longer needed and 
should be revoked. Consequently, EPA is proposing to revoke the sole 
tolerance in 40 CFR 180.182(a)(2) on dried tea (24 ppm in or on dried 
tea, reflecting less than 0.1 ppm in beverage tea), remove paragraph 
(a)(2) in its entirety, and redesignate 40 CFR 180.182(a)(1) as (a). In 
addition, EPA is proposing to revoke the tolerances in newly designated 
40 CFR 180.182(a) on barley, grain; barley, straw; grape; oat, grain; 
oat, straw; pea, succulent; pecan; rapeseed, seed; rye,

[[Page 25285]]

grain; rye, straw; spinach; sugarcane, cane; watercress; wheat, grain; 
and wheat, straw.
    In a Memorandum of Agreement (MOA) between the endosulfan 
registrants and the Agency, made effective July 22, 2010, terms 
regarding registrant requests for voluntary cancellation of all 
existing FIFRA registrations for endosulfan were specified. In the 
Federal Register notice of November 10, 2010 (75 FR 69065) (FRL-8852-
4), EPA approved cancellation of the last FIFRA section 24 and section 
3 registrations, respectively, for use of endosulfan in the United 
States. The List 1 (Phase-Out Group A, which includes almond, apricot, 
carrots, dry beans, tart cherry, eggplant, filbert, also known as 
hazelnut, macadamia nut, plum, prune, sweet potato, and walnut) uses of 
existing stocks of the end-use products, for endosulfan, are prohibited 
after July 31, 2012, except for products intended for export consistent 
with the requirements of section 17 of FIFRA or proper disposal. (The 
MOA and FR notices are available electronically under docket ID number 
EPA-HQ-OPP-2002-0262). Therefore, EPA is proposing to revoke the 
tolerances for endosulfan in newly designated 40 CFR 180.182(a) on 
almond; almond hulls; apricot; bean; carrot, roots; cherry, tart; 
eggplant; hazelnut; nut, macadamia; plum; plum, prune; sweet potato, 
roots; and walnut; each with an expiration/revocation date of July 31, 
2012.
    The List 2 (Phase-Out Group B, which includes cabbage, celery (AZ 
only), cotton, lettuce, nectarine (non-CA), peach, and sweet cherry) 
uses of existing stocks of the end-use products, for endosulfan, are 
prohibited after July 31, 2012, except for products intended for export 
consistent with the requirements of section 17 of FIFRA or proper 
disposal. It should be noted that celery (non-AZ) and nectarine (CA 
only) uses are included in List 1. Therefore, EPA is proposing to 
revoke the tolerance for endosulfan in newly designated 40 CFR 
180.182(a) on cabbage; celery; cherry, sweet; cotton, gin byproducts; 
cotton, undelinted seed; lettuce, head; lettuce, leaf; nectarine; and 
peach; each with an expiration/revocation date of July 31, 2012.
    The List 3 (Phase-Out Group C, which includes pear) use of existing 
stocks of the end-use products, for endosulfan, are prohibited after 
July 31, 2013, except for products intended for export consistent with 
the requirements of section 17 of FIFRA or proper disposal. Therefore, 
EPA is proposing to revoke the tolerance for endosulfan in newly 
designated 40 CFR 180.182(a) on pear with an expiration/revocation date 
of July 31, 2013.
    The List 4 (Phase-Out Group D, which includes apple, blueberry, 
pepper, potato, pumpkin, sweet corn, tomato, and winter squash) uses of 
existing stocks of the end-use products, for endosulfan, in the state 
of Florida are prohibited after December 31, 2014, except for products 
intended for export consistent with the requirements of section 17 of 
FIFRA or proper disposal. The List 5 (Phase-Out Group E which includes 
apple, blueberry, pepper, potato, pumpkin, sweet corn, tomato, and 
winter squash) uses of existing stocks of the end-use products, for 
endosulfan, in the United States (except Florida) are prohibited after 
July 31, 2015, except for products intended for export consistent with 
the requirements of section 17 of FIFRA or proper disposal. Endosulfan 
uses on pumpkin and winter squash (members of vegetable, cucurbit, 
group 9) are included in Phase-Out Groups D and E. Therefore, EPA is 
proposing to revoke the tolerances for endosulfan in newly designated 
40 CFR 180.182(a) on apple; apple, wet pomace; blueberry; corn, sweet, 
forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, 
stover; pepper; potato; tomato; and vegetable, cucurbit, group 9; and 
concomitantly revise 40 CFR 180.182(c) and establish tolerances on 
apple at 1.0 ppm; apple, wet pomace at 5.0 ppm; blueberry at 0.3 ppm; 
corn, sweet, forage at 12.0 ppm; corn, sweet, kernel plus cob with 
husks removed at 0.2 ppm; corn, sweet, stover at 14.0 ppm; pepper at 
2.0 ppm; potato at 0.2 ppm; pumpkin at 1.0 ppm; squash, winter at 1.0 
ppm; and tomato at 1.0 ppm in newly designated 40 CFR 180.182(c)(1) for 
regional tolerances for use in the state of Florida, each with an 
expiration date of December 31, 2014, and establish tolerances on apple 
at 1.0 ppm; apple, wet pomace at 5.0 ppm; blueberry at 0.3 ppm; corn, 
sweet, forage at 12.0 ppm; corn, sweet, kernel plus cob with husks 
removed at 0.2 ppm; corn, sweet, stover at 14.0 ppm; pepper at 2.0 ppm; 
potato at 0.2 ppm; pumpkin at 1.0 ppm; squash, winter at 1.0 ppm; and 
tomato at 1.0 ppm in newly designated 180.182(c)(2) for regional 
tolerances for use in the United States (except Florida), each with an 
expiration date of July 31, 2015. In addition, because EPA is proposing 
to revoke the tolerance on vegetable, cucurbit, group 9 at 1.0 ppm in 
newly designated 40 CFR 180.182(a) and (Phase-Out Group B) uses on 
cantaloupe, cucumber, honeydew (muskmelon), summer squash, and 
watermelon are allowed until July 31, 2012, EPA is also proposing to 
establish individual tolerances at 1.0 ppm in newly designated 40 CFR 
180.182(a) for cantaloupe; cucumber; muskmelon; squash, summer; and 
watermelon; each with an expiration/revocation date of July, 31, 2012.
    The List 6 (Phase-Out Group F, which includes certain specific 
vegetable crops for seed) uses of existing stocks of the end-use 
products, for endosulfan, are prohibited after July 31, 2016, except 
for products intended for export consistent with the requirements of 
section 17 of FIFRA or proper disposal. Therefore, uses of endosulfan 
in or on vegetables grown for seed, including alfalfa, broccoli, 
Brussels sprouts, cabbage, cauliflower, collards, kale, kohlrabi, 
mustard greens, radishes, rutabagas, and turnips are prohibited after 
July 31, 2016. Following examination of product labels, the Agency 
classified these endosulfan seed treatment uses as non-food (see 
``Endosulfan: The Health Effects Division's REVISED Human Health Risk 
Assessment'' in public docket EPA-HQ-OPP-2002-0262), and therefore 
these uses do not need to be covered by a tolerance. Because there are 
only active registrations in the United States for use of endosulfan in 
or on both alfalfa and turnip grown for seed crop, EPA is proposing to 
revoke the tolerances in newly designated 40 CFR 180.182(a) on alfalfa, 
forage; alfalfa, hay; turnip, roots; and turnip, tops at the time of 
publication of the final rule in the Federal Register. However, (within 
Phase-Out Group A) foliar treatment uses of endosulfan for broccoli, 
Brussels sprouts, cauliflower, collards, kale, and mustard greens are 
allowed until July 31, 2012. Consequently, EPA is proposing to revoke 
the tolerances in newly designated 40 CFR 180.182(a) on broccoli; 
Brussels sprouts; cauliflower; collards; kale; mustard greens; and 
mustard, seed; each with an expiration date of July 31, 2012.
    Other List 6 (Phase-Out Group F, which includes livestock ear tags, 
strawberry (perennial/biennial), and pineapple) uses of existing stocks 
of the end-use products for endosulfan are prohibited after July 31, 
2016, except for products intended for export consistent with the 
requirements of section 17 of FIFRA or proper disposal. (It should be 
noted that strawberry (annual) use is included in List1). Therefore, 
EPA is proposing to revoke the tolerances for endosulfan in newly 
designated 40 CFR 180.182(a) on cattle, fat; cattle, liver; cattle, 
meat; cattle, meat byproducts, except liver; goat, fat; goat, liver; 
goat, meat; goat, meat byproducts, except liver; hog, fat; hog, liver; 
hog, meat; hog,

[[Page 25286]]

meat byproducts, except liver; horse, fat; horse, liver; horse, meat; 
horse, meat byproducts, except liver; milk, fat; pineapple; pineapple, 
process residue; sheep, fat; sheep, liver; sheep, meat; sheep, meat 
byproducts, except liver; and strawberry; each with an expiration/
revocation date of July 31, 2016.
    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 newly designated 40 CFR 
180.182(a) to read as follows:
    Tolerances are established for residues of the insecticide 
endosulfan, 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 endosulfan, 6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin 3-oxide 
(alpha and beta isomers), and its metabolite endosulfan sulfate, 
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-
benzodioxathiepin-3,3-dioxide, calculated as the stoichiometric 
equivalent of endosulfan, in or on the commodity.
    Also, EPA is proposing to revise the introductory text containing 
the tolerance expression in newly designated 40 CFR 180.182(c)(1) to 
read as follows:
    Tolerances with regional registration, as defined in Sec.  
180.1(l), are established for residues of the insecticide endosulfan, 
including its metabolites and degradates, in or on the commodities in 
the table in this paragraph, when endosulfan is used in the state of 
Florida. Compliance with the tolerance levels specified in this 
paragraph is to be determined by measuring only the sum of endosulfan, 
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-
benzodioxathiepin 3-oxide (alpha and beta isomers), and its metabolite 
endosulfan sulfate, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-
6,9-methano-2,4,3-benzodioxathiepin-3,3-dioxide, calculated as the 
stoichiometric equivalent of endosulfan, in or on the commodity.
    In addition, EPA is proposing to revise the introductory text 
containing the tolerance expression in newly designated 40 CFR 
180.182(c)(2) to read as follows:
    Tolerances with regional registration, as defined in Sec.  
180.1(l), are established for residues of the insecticide endosulfan, 
including its metabolites and degradates, in or on the commodities in 
the table in this paragraph, when endosulfan is used in the United 
States (except Florida). Compliance with the tolerance levels specified 
in this paragraph is to be determined by measuring only the sum of 
endosulfan, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-
methano-2,4,3-benzodioxathiepin 3-oxide (alpha and beta isomers), and 
its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro-
1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3,3-
dioxide, calculated as the stoichiometric equivalent of endosulfan, in 
or on the commodity.
    7. Methidathion. After the Final Work Plan was published in August 
2009 as part of the registration review process for methidathion, the 
registrants requested to voluntarily cancel all of their methidathion 
product registrations. In the Federal Register of April 7, 2010 (75 FR 
17735) (FRL-8819-1), EPA published a notice of receipt of requests to 
voluntarily cancel all pesticide registrations containing methidathion. 
In the Federal Register notice of June 2, 2010 (75 FR 30824) (FRL-8828-
4), EPA approved cancellation of the last FIFRA product registrations 
for use of methidathion in the United States. After December 31, 2012, 
registrants are prohibited from selling or distributing existing stocks 
of products containing methidathion labeled for all uses. After 
December 31, 2014, persons other than registrants are prohibited from 
selling or distributing existing stocks of products containing 
methidathion labeled for all uses. The cancellation order of June 2, 
2010 (75 FR 30824) also stated that after December 31, 2014, existing 
stocks of products containing methidathion labeled for all uses, 
already in the hands of users can be used legally until they are 
exhausted, provided that the use complies with the EPA approved label 
and labeling of the affected product. However, based on communications 
with the registrants since the cancellation, EPA believes that existing 
stocks are likely to be exhausted by December 31, 2016. Therefore, EPA 
is proposing to revoke the tolerances in 40 CFR 180.298(a) on almond, 
hulls; artichoke, globe; citrus, oil; cotton, undelinted seed; fruit, 
citrus, group 10, except tangerine; fruit, pome, group 11; fruit, 
stone, group 12; mango; nut, tree, group 14; olive; safflower, seed; 
sorghum, forage, forage; sorghum, grain, forage; sorghum, grain, grain; 
sorghum, grain, stover; sunflower, seed; and tangerine; each with an 
expiration/revocation date of December 31, 2016, and regional 
tolerances in 180.298(c) on kiwifruit; longan; starfruit; and sugar 
apple; each with an expiration/revocation date of December 31, 2016.
    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 180.298(a) to read 
as follows:
    Tolerances are established for residues of the insecticide 
methidathion, 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 methidathion, S-[(5-methoxy-2-oxo-1,3,4-thiadiazol-
3(2H)-yl)methyl] O,O-dimethyl phosphorodithioate, in or on the 
commodity.
    Also, EPA is proposing to revise the introductory text containing 
the tolerance expression in 40 CFR 180.298(c) to read as follows:
    Tolerances with regional registration, as defined in Sec.  
180.1(l), are established for residues of the insecticide methidathion, 
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 
methidathion, S-[(5-methoxy-2-oxo-1,3,4-thiadiazol-3(2H)-yl)methyl] 
O,O-dimethyl phosphorodithioate, in or on the commodity.
    In addition, EPA is removing tolerances that expired in 2008 for 
methidathion in 40 CFR 180.298(c).
    8. Methyl parathion and ethyl parathion. In March 2010, EPA and the 
methyl parathion registrants signed a Memorandum of Agreement (MOA) 
stating that all methyl parathion product registrations would be 
canceled as specified therein. In the Federal Register notice of April 
28, 2010 (75 FR 22402) (FRL-8822-6), EPA published a notice of receipt 
of requests to voluntarily cancel specific methyl parathion 
registrations, which included the last registrations for use of methyl 
parathion in or on alfalfa, almonds, barley, corn, cotton, grasses, 
oats, onions, peas, potatoes, rapeseed, rice, rye, soybeans, 
sunflowers, and wheat in the United States. In the Federal Register 
notices of November 10, 2010 (75 FR 69073) (FRL-8851-5) and January 26, 
2011 (76 FR 4692) (FRL-8856-9), EPA published notices of receipt of 
requests to voluntarily cancel specific methyl parathion registrations, 
which included the last registrations for

[[Page 25287]]

use of methyl parathion in or on sweet potatoes and walnuts in the 
United States. In the Federal Register notice of July 27, 2010 (75 FR 
43981) (FRL-8838-6), EPA approved the cancellations and permitted use 
of existing stocks of the end-use products for methyl parathion in or 
on alfalfa, almonds, barley, corn, cotton, grasses, oats, onions, peas, 
potatoes, rapeseed, rice, rye, soybeans, sunflowers, and wheat through 
December 31, 2013. Also, in the Federal Register notices of February 
25, 2011 (76 FR 10587) (FRL-8863-4) and March 23, 2011 (76 FR 16417) 
(FRL-8867-8), EPA approved the cancellations and permitted use of 
existing stocks of the end-use products for methyl parathion in or on 
sweet potatoes and walnuts until exhausted, provided use is consistent 
with the terms of the previously approved labeling on, or that 
accompanied, the canceled products. In accordance with the MOA, all use 
of existing stocks of the end-use products for methyl parathion, 
including in or on sweet potatoes and walnuts, are permitted through 
December 31, 2013, but not thereafter. (The MOA and FR notices are 
available electronically under docket ID numbers EPA-HQ-OPP-2009-0332 
and EPA-HQ-OPP-2009-1017). Therefore, EPA is proposing to revoke the 
tolerances for methyl parathion in 40 CFR 180.121(a) on alfalfa, 
forage; alfalfa, hay; almond; almond, hulls; barley; corn, field, 
forage; corn, field, grain; corn, pop, grain; corn, sweet, forage; 
corn, sweet, kernel plus cob with husks removed; cotton, undelinted 
seed; grass, forage; oat; onion; pea, field, vines; potato; rapeseed, 
seed; rice, grain; soybean, hay; soybean, seed; sunflower, seed; sweet 
potato, roots; walnut; and wheat; each with an expiration date of 
December 31, 2013. Also, because there have been no active 
registrations in the United States for use of ethyl parathion in or on 
rye since 1989, the interim tolerance on rye in 40 CFR 180.319 for 
``Parathion (O,O-diethyl-O-p-nitrophenythiophosphate) or its methyl 
homolog'' should be separated into interim tolerances on rye for ethyl 
parathion and methyl parathion to allow an expiration/revocation date 
for methyl parathion and revocation for ethyl parathion on the date of 
publication of the final rule in the Federal Register. Therefore, EPA 
is proposing to separate the existing interim tolerance for parathion 
on rye in 40 CFR 180.319 into one for methyl parathion and another for 
ethyl parathion, revoke the newly designated interim tolerance for 
methyl parathion on rye with an expiration/revocation date of December 
31, 2013, and revoke the newly designated interim tolerance on rye for 
ethyl parathion on the date of publication of the final rule in the 
Federal Register. Also, because all the tolerances for ethyl parathion 
in 40 CFR 180.122 expired in 2005, EPA will remove that section in its 
entirety. In addition, because there have been no active registrations 
for methyl parathion use on peanuts since 1998, EPA is proposing to 
revoke the tolerance in 40 CFR 180.121(a) on peanut on the date of 
publication of the final rule in the Federal Register. Moreover, EPA is 
removing tolerances that expired in 2009 for methyl parathion in 40 CFR 
180.121(a).
    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 180.121(a) to read 
as follows:
    Tolerances are established for residues of the insecticide methyl 
parathion, 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 methyl parathion, O,O-dimethyl O-(4-nitrophenyl) 
phosphorothioate, 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 is proposing these tolerance actions for atrazine to implement 
the tolerance recommendations made during the reregistration and 
tolerance reassessment processes. As part of these processes, EPA is 
required to determine whether each of the amended tolerances meets the 
safety standard of FQPA. The safety finding determination is discussed 
in detail in the atrazine RED. 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.
    REDs and TREDs contain the Agency's evaluation of the database for 
these pesticides, including requirements for additional data on the 
active ingredients to confirm the potential human health and 
environmental risk assessments associated with current product uses, 
and in 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 proposed in this document do not need such assessment when the 
tolerances are no longer necessary.
    EPA's general practice is to propose revocation of tolerances for 
residues of pesticide active ingredients on crops for which FIFRA 
registrations no longer exist and on which the pesticide may therefore 
no longer be used in the United States. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and maintain tolerances even when corresponding domestic uses are 
canceled if the tolerances, which EPA refers to as ``import 
tolerances,'' are necessary to allow importation into the United States 
of food containing such pesticide residues. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import

[[Page 25288]]

tolerances not needed to cover any imported food may result in 
unnecessary restriction on trade of pesticides and foods. Under section 
408 of FFDCA, a tolerance may only be established or maintained if EPA 
determines that the tolerance is safe based on a number of factors, 
including an assessment of the aggregate exposure to the pesticide and 
an assessment of the cumulative effects of such pesticide and other 
substances that have a common mechanism of toxicity. In doing so, EPA 
must consider potential contributions to such exposure from all 
tolerances. If the cumulative risk is such that the tolerances in 
aggregate are not safe, then every one of these tolerances is 
potentially vulnerable to revocation. Furthermore, if unneeded 
tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops uses for which FIFRA registrations no longer exist, unless 
someone expresses a need for such tolerances. Through this proposed 
rule, the Agency is inviting individuals who need these import 
tolerances to identify themselves and the tolerances that are needed to 
cover imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section 408(f), if the Agency 
determines that additional information is reasonably required to 
support the continuation of a tolerance, EPA may require that parties 
interested in maintaining the tolerances provide the necessary 
information. If the requisite information is not submitted, EPA may 
issue an order revoking the tolerance at issue.

C. When do these actions become effective?

    With the exception of certain existing tolerances for chloroneb, 
clofencet, endosulfan, methidathion, and methyl parathion for which EPA 
is proposing specific expiration/revocation dates and proposed new 
tolerances to be established for endosulfan for which EPA is also 
proposing expiration/revocation dates, the Agency is proposing that 
these tolerance revocations, tolerance modifications, and revisions of 
tolerance nomenclature and tolerance expression become effective on the 
date of publication of the final rule in the Federal Register. With the 
exception of the proposed expiration/revocation of specific (existing 
and new) tolerances for chloroneb, clofencet, endosulfan, methidathion, 
and methyl parathion, the Agency believes that existing stocks of 
pesticide products labeled for the uses associated with the tolerances 
proposed for revocation have been completely exhausted and that treated 
commodities have cleared the channels of trade. EPA is proposing an 
expiration/revocation date of April 16, 2012 for all of the chloroneb 
tolerances proposed herein for revocation; July 14, 2012 for all of the 
clofencet tolerances proposed herein for revocation; various dates for 
the endosulfan tolerances proposed for revocation as described herein 
in Unit II.A.; December 31, 2016 for all of the methidathion tolerances 
proposed herein for revocation; and December 31, 2013 for the methyl 
parathion tolerances proposed herein for revocation with the exception 
of the tolerance on peanut. The Agency believes that these revocation 
dates allow users to exhaust stocks and allows sufficient time for 
passage of treated commodities through the channels of trade. However, 
with the exception of endosulfan and methyl parathion whose registrants 
have a Memorandum of Agreement with the Agency concerning canceled uses 
and agreed dates for sale, distribution, and use of existing stocks, if 
EPA is presented with information that existing stocks would still be 
available and that information is verified, the Agency will consider 
extending the expiration date of the tolerance. If you have comments 
regarding existing stocks and whether the effective date allows 
sufficient time for treated commodities to clear the channels of trade, 
please submit comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as 
established by FQPA. Under this unit, any residues of these pesticides 
in or on such food shall not render the food adulterated so long as it 
is shown to the satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA, 
and
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates when the 
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint 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 atrazine, chloroneb, 
clofencet, N,N-diethyl-2-(4-methylbenzyloxy)ethylamine hydrochloride, 
ethyl parathion, or MRL on lettuce for chlorpyrifos.
    The Codex has established MRLs for endosulfan in or on various 
commodities including melons, except watermelon at 2 mg/kg and tea, 
green, black at 30 mg/kg. These MRLs are different than the tolerances 
established for endosulfan in the United States because of differences 
in use patterns and/or good agricultural practices.
    The Codex has established MRLs for methidathion in or on various 
commodities including apple at 0.5 mg/kg; cherries at 0.2 mg/kg; 
cottonseed at 1 mg/kg; nectarine at 0.2 mg/kg; olives at 1 mg/kg; peach 
at 0.2 mg/kg; pear at 1 mg/kg; and plums (including prunes) at 0.2 mg/
kg. These MRLs are different than the tolerances established for 
methidathion in the United States because of differences in use 
patterns and/or good agricultural practices.
    The Codex has established MRLs for methyl parathion (parathion-
methyl) in or on various commodities including potato at 0.05 mg/kg. 
The MRL is different than the tolerance established for methyl 
parathion in the United States because of differences in use patterns 
and/or good agricultural practices.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish tolerances 
under FFDCA section 408(e), and also modify and revoke specific 
tolerances

[[Page 25289]]

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

List of Subjects in 40 CFR Part 180

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

    Dated: April 15, 2011.
Steven Bradbury,
Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

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

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

    2. Section 180.121 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.121  Methyl parathion; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide methyl parathion, 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 methyl parathion, O,O-dimethyl O-(4-
nitrophenyl) phosphorothioate, in or on the commodity.

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