Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et al.; Proposed Tolerance Actions, 40043-40054 [2014-16063]
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Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Proposed Rules
environmental effects on minority or
low-income populations because it
increases the level of environmental
protection for all affected populations
without having any disproportionately
high and adverse human health or
environmental effects on any
population, including any minority or
low-income population. As such, this
action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898 (59 FR 7629,
February 16, 1994).
List of Subjects in 40 CFR Part 168
Environmental protection,
Administrative practice and procedure,
Advertising, Exports, Labeling,
Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 3, 2014.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
1. The authority citation for part 168
continues to read as follows:
■
Authority: 7 U.S.C. 136–136y.
2. Revise the heading for subpart D to
part 168 to read as follows:
■
Subpart D—Procedures for Exporting
Pesticides
3. Add § 168.65 to subpart D to read
as follows:
■
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(a) This subpart describes the labeling
requirements applicable to pesticide
products and devices that are intended
solely for export from the United States
under the provisions of FIFRA section
17(a).
(b) This subpart applies to all export
pesticide products and export pesticide
devices that are exported for any
purpose, including research.
(c) Export pesticide products and
export pesticide devices are also subject
to requirements for pesticide production
reporting, recordkeeping and
inspection, and purchaser
acknowledgement provisions that can
be found in the following parts:
(1) Pesticide production reporting
requirements under FIFRA section 7 are
located in part 167 of this chapter (as
referenced in § 168.85(b)).
(2) Recordkeeping and inspection
requirements under FIFRA section 8 are
located in part 169 of this chapter (as
referenced in § 168.85(a)).
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Any label and labeling information
requirements in §§ 168.69, 168.70, and
168.71 that are not met fully on the
product label attached to the immediate
product container may be met by
collateral labeling that is either:
(a) Attached to the immediate product
(container label); or
(b) Attached to or accompanies the
shipping container of the export
pesticide or export device at all times
when it is shipped or held for shipment
in the United States.
§ 168.68
[Removed and Reserved]
5. Remove and reserve § 168.68.
6. In § 168.69, revise paragraph (a) to
read as follows:
■
■
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(a) Each export pesticide product that
is registered under FIFRA section 3 or
FIFRA section 24(c) must bear labeling
approved by EPA for its registration or
collateral labeling in compliance with
§ 168.66.
*
*
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■ 7. In § 168.70, revise the introductory
text of paragraph (b) to read as follows:
§ 168.70 Unregistered export pesticide
products.
Applicability.
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§ 168.66 Labeling of pesticide products
and devices for export.
§ 168.69 Registered export pesticide
products.
PART 168—[AMENDED]
§ 168.65
(3) Purchaser acknowledgement
statement provisions under FIFRA
section 17(a) are located in § 168.75.
■ 4. Revise § 168.66 to read as follows:
*
*
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*
*
(b) Each unregistered export pesticide
product must bear labeling that
complies with all requirements of this
section or collateral labeling in
compliance with § 168.66:
*
*
*
*
*
■ 8. In § 168.71, revise paragraph (a) to
read as follows:
§ 168.71
Export pesticide devices.
(a) Each export pesticide device sold
or distributed anywhere in the United
States must bear labeling that complies
with all requirements of this section or
collateral labeling in compliance with
§ 168.66.
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[FR Doc. 2014–16274 Filed 7–10–14; 8:45 am]
BILLING CODE 6560–50–P
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40043
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2014–0194; FRL–9910–45]
RIN 2070–ZA16
Amitraz, Carfentrazone-ethyl,
Ethephon, Malathion, Mancozeb, et al.;
Proposed Tolerance Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to revoke
certain tolerances for the fungicides
spiroxamine and triflumizole, the
herbicides carfentrazone-ethyl and
quizalofop ethyl; the insecticides
amitraz, oxamyl, propetamphos, and
spinosad; and the plant growth
regulators ethephon and mepiquat. In
addition, EPA is proposing to revoke the
tolerance on rice straw for multiple
active ingredients. Also, EPA is
proposing to modify certain tolerances
for the fungicides mancozeb, thiram,
and triflumizole; and the insecticide
malathion. In addition, EPA is
proposing to establish new tolerances
for the fungicide mancozeb. Also, in
accordance with current Agency
practice, EPA is proposing to make
minor revisions to the tolerance
expression for malathion, mepiquat, and
thiram.
DATES: Comments must be received on
or before September 9, 2014.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0194, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Joseph Nevola, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide
SUMMARY:
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Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8037; email 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. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
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.
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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 60day period to that effect, EPA will not
proceed to revoke the tolerance
immediately. However, EPA will take
steps to ensure the submission of any
needed supporting data and will issue
an order in the Federal Register under
the Federal Food, Drug, and Cosmetic
Act (FFDCA) section 408(f), if needed.
The order would specify data needed
and the timeframes for its submission,
and would require that within 90 days
some person or persons notify EPA that
they will submit the data. If the data are
not submitted as required in the order,
EPA will take appropriate action under
FFDCA.
EPA issues a final rule after
considering comments that are
submitted in response to this proposed
rule. In addition to submitting
comments in response to this proposal,
you may also submit an objection at the
time of the final rule. If you fail to file
an objection to the final rule within the
time period specified, you will have
waived the right to raise any issues
resolved in the final rule. After the
specified time, issues resolved in the
final rule cannot be raised again in any
subsequent proceedings.
II. Background
A. What action is the agency taking?
EPA is proposing to revoke, modify,
and establish specific tolerances for
residues of the fungicides mancozeb,
spiroxamine, thiram, and triflumizole;
the herbicides carfentrazone-ethyl and
quizalofop ethyl; the insecticides
amitraz, malathion, oxamyl,
propetamphos, and spinosad; and the
plant growth regulators ethephon and
mepiquat in or on commodities listed in
the regulatory text. In addition, EPA is
proposing to revoke the tolerances on
rice straw for multiple active
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ingredients because it is no longer
considered by the Agency to be a
significant feed item.
Also, EPA is proposing to make minor
revisions to the tolerance expressions
for malathion, mepiquat, and thiram in
accordance with current Agency
practice to describe more clearly the
measurement of residues for tolerances
and coverage of metabolites and
degradates of a pesticide by the
tolerances. The revisions to the
tolerance expressions do not
substantively change the tolerance or, in
any way, modify the permissible level of
residues permitted by the tolerances.
EPA is proposing to revoke certain
tolerances because they are no longer
needed or are associated with food uses
that are no longer registered under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA).
The proposed tolerance actions for
mancozeb and malathion are consistent
with the recommendations in their
Reregistration Eligibility Decisions
(REDs) of 2005 and 2009, respectively.
As part of the tolerance reassessment
process, EPA is required to determine
whether each of the amended tolerances
meets the safety standard of FFDCA.
The safety finding determination of
‘‘reasonable certainty of no harm’’ is
discussed in detail in each RED. REDs
recommend the implementation of
certain tolerance actions, including
modifications to reflect current use
patterns, meet safety findings, and
change commodity names and
groupings in accordance with new EPA
policy. Printed copies of many REDs
may be obtained from EPA’s National
Service Center for Environmental
Publications (EPA/NSCEP), P.O. Box
42419, Cincinnati, OH 45242–2419;
telephone number: 1–800–490–9198; fax
number: 1–513–489–8695; Internet at
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 are available on the
Internet for the malathion and
mancozeb REDs in dockets EPA–HQ–
OPP–2004–0348 and EPA–HQ–OPP–
2005–0176, respectively, at https://
www.regulations.gov and at https://
www.epa.gov/pesticides/reregistration/
status.htm.
In REDs, Chapter IV on risk
management, reregistration, and
tolerance reassessment typically
describes the regulatory position,
cumulative safety determination,
determination of safety for U.S. general
population, and safety for infants and
children. In particular, the human
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health risk assessment document which
supports the RED describes risk
exposure estimates and whether the
Agency has concerns. EPA also seeks to
harmonize tolerances with international
standards set by the Codex Alimentarius
Commission, as described in Unit III.
Explanations for proposed
modifications in tolerances can be
found in the RED document and in more
detail in the Residue Chemistry Chapter
document which supports the RED.
Copies of the Residue Chemistry
Chapter documents are found in the
Administrative Record and electronic
copies for malathion and mancozeb can
be found under their respective docket
ID numbers, identified in Unit II.A.
Electronic copies of other support
documents (including explanations for
proposed modifications in triflumizole
tolerances) 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–2014–0194, then
click on that docket ID number to view
its contents.
EPA had determined at the time of the
RED 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 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. The
references are available for inspection as
described in this document under
SUPPLEMENTARY INFORMATION.
In addition, 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.
EPA is proposing to revoke specific
tolerances for residues of mepiquat and
triflumizole because the Agency has
concluded that there is no reasonable
expectation of finite residues in or on
the commodities associated with the
tolerances, and therefore these
tolerances are no longer needed.
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The determinations that there are no
reasonable expectations of finite
residues for the tolerances listed in this
document were made based on feeding
studies submitted since the time that the
tolerances were originally established.
These feeding studies used exaggerated
amounts of the compound and did not
show measurable residues of the
pesticide active ingredient tested. The
Agency made the determination that
there is no reasonable expectation of
finite residues for the pesticides active
ingredient/commodity combinations
listed in this proposal in memoranda of
July 30, 2001 for mepiquat and October
1, 2008 for triflumizole. Copies of these
memoranda can be found in the docket
for this proposed rule. Because EPA
determined that there is no reasonable
expectation of finite residues, under 40
CFR 180.6 the tolerances are no longer
needed under FFDCA and can be
proposed for revocation.
1. Multiple active ingredients. EPA
has determined that rice straw is no
longer a significant feed item in the
United States, and therefore the
tolerance is no longer needed and
should be revoked. (The document
entitled ‘‘OPPTS Test Guideline
860.1000 Supplement: Guidance on
Constructing Maximum Reasonably
Balanced Diets (MRBD)’’ is available at
https://www.regulations.gov under
docket ID number EPA–HQ–OPPT–
2009–0155). Consequently, EPA is
proposing to revoke the tolerances for
rice, straw in 40 CFR 180.142(a) for 2,4–
D; 180.169(a)(1) for carbaryl; 180.205(a)
for paraquat; 180.274(a) for propanil;
180.288(a) for 2(thiocyanomethylthio)benzothiazole;
180.293(a)(1) for endothall; 180.301(a)
for carboxin; 180.355(a)(1) for bentazon;
180.361(a) for pendimethalin;
180.377(a)(2) for diflubenzuron;
180.383(a) for sodium salt of acifluorfen;
180.399(a)(1) for iprodione; 180.401(a)
for thiobencarb; 180.417(a)(1) for
triclopyr; 180.418(a)(2) for zetacypermethrin; 180.425(a) for clomazone;
180.434(a) for propiconazole;
180.438(a)(1) for lambda-cyhalothrin;
180.438(a)(2) for gamma-cyhalothrin
and its epimer; 180.439(a) for
thifensulfuron methyl; 180.445(a) for
bensulfuron methyl; 180.447(a)(2) for
imazethapyr; 180.451(a) for tribenuron
methyl; 180.463(a)(1) for quinclorac;
180.473(a) for glufosinate ammonium;
180.479(a)(2) for halosulfuron-methyl;
180.484(a) for flutolanil; 180.507(a)(1)
for azoxystrobin; 180.517(a) for fipronil;
180.555(a) for trifloxystrobin;
180.570(a)(2) for isoxadifen-ethyl;
180.577(a) for bispyribac-sodium;
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180.605(a) for penoxsulam; and
180.625(a) for orthosulfamuron.
2. Amitraz. There have been no active
U.S. registrations for use of amitraz on
cotton since May 3, 2006 and the
manufacturer, Arysta Life Sciences,
notified EPA in July 2011 that it no
longer is interested in supporting the
tolerance for amitraz use on cotton,
undelinted seed for import purposes.
The tolerance is no longer needed and
therefore should be revoked.
Consequently, EPA is proposing to
revoke the tolerance for amitraz in 40
CFR 180.287(a) on cotton, undelinted
seed.
3. Carfentrazone-ethyl. Because the
first cotton processing study submitted
by the registrant was conducted at 1.0x
the seasonal application rate and
resulted in residues less than the Limit
of Quantitation (LOQ) of 0.05 ppm, EPA
requested that a processing study be
conducted at an application rate
sufficient to generate residues in/on
cottonseed and set tolerances for cotton
hulls, meal, and oil using theoretical
processing factors and the highest
average cottonseed field trial residue.
Based on an available second processing
study conducted at 2.0x the seasonal
application rate, which showed that
carfentrazone-ethyl residues of concern
in or on cottonseed were detected (Limit
of Detection 0.015–0.020 ppm) but were
less than the LOQ of 0.05 ppm, EPA
determined that the tolerances for
carfentrazone-ethyl residues of concern
are no longer needed on cottonseed
hull, meal, and oil and therefore should
be revoked. Consequently, EPA is
proposing to revoke the tolerances for
carfentrazone-ethyl in 40 CFR
180.515(a) on cotton, hulls; cotton,
meal; and cotton, refined oil.
Because uses supported by the
carfentrazone-ethyl tolerance for
caneberry subgroup 13A at 0.1 ppm are
covered by the tolerance for berry group
13 at 0.10 ppm, there is no longer any
need for the separate subgroup tolerance
and therefore it should be revoked. In
addition, because EPA no longer
considers rice straw to be a significant
feed item, the tolerance is no longer
needed and should be revoked.
Consequently, EPA is proposing to
revoke the tolerances for carfentrazoneethyl in 40 CFR 180.515(a) on caneberry
subgroup 13A and rice, straw.
4. Ethephon. Because the last product
label amendment has been completed
which limits the use of ethephon to
cucumbers grown for seed production
only and restricts the harvesting of
treated cucumbers for human or animal
consumption, a food tolerance for
ethephon is no longer needed and
therefore should be revoked.
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Consequently, EPA is proposing to
revoke the tolerance for ethephon in 40
CFR 180.300(a) on cucumber.
5. Malathion. EPA is proposing to
modify the plant tolerance commodity
levels for certain existing malathion
tolerances in 40 CFR 180.111(a)(1) based
on available field trial data and product
label changes. Currently, those
tolerances are established for residues of
malathion. However, as stated in the
2009 amended RED for malathion, based
on available plant metabolism data, EPA
determined that the residues of concern
in plants consist of malathion and its
metabolite, malaoxon, and therefore the
tolerance expression for plant
commodities should be revised. Because
EPA is not proposing to modify all of
the plant commodity tolerances in 40
CFR 180.111(a)(1) at this time, EPA is
proposing that those specific tolerances
which it is proposing to modify herein
be redesignated from 40 CFR
180.111(a)(1) to 40 CFR 180.111(a)(2),
where tolerances are currently
established for malathion and its
metabolite malaoxon. Also, in
accordance with current Agency
practice 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
180.111(a)(2) to read as set out in the
proposed regulatory text at the end of
this document.
Based on product label changes to
their use patterns and available field
trial data that showed malathion
residues of concern in or on apricot as
high as <0.65 ppm, avocado as high as
<0.08 ppm, fig as high as <0.41 ppm,
grape as high as 2.78 ppm, macadamia
nut as high as <0.10 ppm, melon as high
as <0.85 ppm, mushroom as high as
<0.10 ppm, okra as high as <2.23 ppm,
bulb onion as high as <0.60 ppm, green
onion as high as 4.88 ppm, peach as
high as <3.64 ppm, pear as high as 2.23
ppm, peppermint and spearmint tops as
high as 1.43 ppm, EPA determined that
the tolerances should be decreased from
8 to 1.0 ppm, 8 to 0.2 ppm, 8 to 1.0
ppm, 8 to 4.0, 1 to 0.2 ppm, 8 to 1.0
ppm, 8 to 0.2 ppm, 8 to 3.0 ppm, 8 to
1.0, 8 to 6.0, 8 to 6.0 ppm, 8 to 3.0 ppm,
8 to 2.0 ppm, and 8 to 2.0 ppm,
respectively. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for apricot, fig,
melon, and onion, bulb to 1.0 ppm,
avocado, mushroom, and nut,
macadamia to 0.2 ppm, grape to 4.0
ppm, okra and pear to 3.0 ppm, onion,
green and peach to 6.0 ppm,
peppermint, tops and spearmint, tops to
2.0 ppm, and redesignate them to 40
CFR 180.111(a)(2).
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Available residue data may be
translated by the Agency from one
commodity to another related
commodity where appropriate (e.g.,
have similar use patterns). Based on
their use patterns and the translation of
apricot data to nectarine, bulb onion
data to garlic, and green onion data to
leek and shallot (data previously
mentioned herein), EPA determined that
the tolerances for nectarine, bulb garlic,
leek, and bulb shallot should be
decreased from 8 to 1.0 ppm, 8 to 1.0
ppm, 8 to 6 ppm, and 8 to 6 ppm,
respectively. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for nectarine and
garlic, bulb to 1.0 ppm, and leek and
shallot, bulb to 6.0 ppm, and
redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and the
translation of melon data (data
previously mentioned herein) to
pumpkin and winter squash, EPA
determined that the tolerances for
pumpkin and winter squash should
each be decreased from 8 to 1.0 ppm.
Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.111(a)(1)
for pumpkin; and squash, winter; each
to 1.0 ppm, and redesignate them to 40
CFR 180.111(a)(2).
Based on its use pattern and available
field trial data that showed malathion
residues of concern in or on asparagus
were as high as 1.38 ppm, EPA
determined that the tolerance should be
decreased from 8 to 2.0 ppm. Therefore,
EPA is proposing to decrease the
tolerance in 40 CFR 180.111(a)(1) for
asparagus to 2.0 ppm, and redesignate it
to 40 CFR 180.111(a)(2).
Based on their use patterns and
available field trial data that showed
malathion residues of concern in or on
blackberry as high as 3.99 ppm and
raspberry as high as 4.96 ppm, EPA
determined that the tolerances should
be decreased from 8 to 6 ppm and 8 to
6 ppm, respectively. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for blackberry and
raspberry to 6 ppm, and redesignate
them to 40 CFR 180.111(a)(2).
Based on their use patterns and the
translation of blackberry and/or
raspberry data (data previously
mentioned herein) to boysenberry,
dewberry, gooseberry, and loganberry,
EPA determined that the tolerances for
boysenberry, dewberry, gooseberry, and
loganberry should each be decreased
from 8 to 6 ppm. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for boysenberry,
dewberry, gooseberry, and loganberry,
each to 6 ppm, and redesignate them to
40 CFR 180.111(a)(2).
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Based on their use patterns and
available field trial data that showed
malathion residues of concern in or on
turnip greens as high as 3.40 ppm and
turnip roots as high as <0.18 ppm, EPA
determined that the tolerances should
be decreased from 8 to 4.0 ppm and 8
to 0.5 ppm, respectively. Therefore, EPA
is proposing to decrease the tolerances
in 40 CFR 180.111(a)(1) for turnip,
greens to 4.0 ppm and turnip, roots to
0.5 ppm, and redesignate them to 40
CFR 180.111(a)(2).
Based on their use patterns and the
translation of turnip greens data (data
previously mentioned herein) to garden
beet tops and salsify tops, EPA
determined that the tolerances for beet,
garden, tops and salsify, tops; should
each be decreased from 8 to 4.0 ppm.
Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.111(a)(1)
for beet, garden, tops; and salsify, tops;
each to 4.0 ppm, and redesignate them
to 40 CFR 180.111(a)(2).
Based on their use patterns and the
translation of the turnip root data (data
previously mentioned herein) to garden
beet roots, horseradish, parsnip, radish,
rutabaga, and salsify roots, EPA
determined that the tolerances for beet,
garden, roots; horseradish; parsnip;
radish; rutabaga; and salsify, roots;
should each be decreased from 8 to 0.5
ppm. Therefore, EPA is proposing to
decrease the tolerances in 40 CFR
180.111(a)(1) for beet, garden, roots,
horseradish; parsnip; radish; rutabaga;
and salsify, roots; each to 0.5 ppm, and
redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and
available field trial data that showed
malathion residues of concern in or on
potatoes as high as 0.05 ppm, and
translation of that data to chayote roots
and sweet potato roots, EPA determined
that the tolerances should be decreased
from 8 to 0.1 ppm for potato; chayote,
roots; and sweet potato, roots.
Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.111(a)(1)
for potato; chayote, roots; and sweet
potato, roots; each to 0.1 ppm, and
redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and
cucumber data which showed
malathion residues of concern as high as
<0.11 ppm, and translation of that data
to chayote fruit and summer squash,
EPA determined that the tolerances for
chayote fruit and summer squash
should be decreased from 8 to 0.2 ppm.
Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.111(a)(1)
for chayote, fruit; and squash, summer;
each to 0.2 ppm, and redesignate them
to 40 CFR 180.111(a)(2).
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Based on their use patterns and
tomato data, which showed malathion
residues of concern as high as 1.54 ppm,
and translation of that data to eggplant,
EPA determined that the tolerance for
eggplant should be decreased from 8 to
2.0 ppm. Therefore, EPA is proposing to
decrease the tolerance in 40 CFR
180.111(a)(1) for eggplant to 2.0 ppm,
and redesignate it to 40 CFR
180.111(a)(2).
Based on their use patterns and
available field trial data that showed
malathion residues of concern in or on
alfalfa and clover forage as high as
110.12 ppm and 120.14 ppm,
respectively, and translation of that data
to trefoil forage, EPA determined that
the tolerances should be decreased from
135 to 125 ppm for alfalfa, clover, and
trefoil forage. Also, based on its use
pattern and available field trial data that
showed malathion residues of concern
in or on clover hay as high as 120.50
ppm, EPA determined that the tolerance
should be decreased from 135 to 125
ppm. Therefore, EPA is proposing to
decrease the tolerances in 40 CFR
180.111(a)(1) for alfalfa, forage; clover,
forage; trefoil, forage; and clover, hay;
each to 125 ppm; and redesignate them
to 40 CFR 180.111(a)(2).
Based on its use pattern and available
storage stability data that showed
malathion residues of concern in or on
carrots were as high as 0.54 ppm, EPA
determined that the tolerance should be
decreased from 8 to 1 ppm. Therefore,
EPA is proposing to decrease the
tolerance in 40 CFR 180.111(a)(1) for
carrot, roots to 1 ppm, and redesignate
it to 40 CFR 180.111(a)(2).
Based on their use patterns and
available field trial data that showed
malathion residues of concern in or on
mango were as high as <0.12 ppm,
passionfruit were as high as <0.12 ppm,
pineapple were as high as 0.17 ppm,
and walnuts were non-detectable (<0.10
ppm), EPA determined that the
tolerances should each be decreased
from 8 to 0.2 ppm. Also, based on their
use patterns and the translation of
walnut data to pecan, EPA determined
that the pecan tolerance should be
decreased from 8 to 0.2 ppm. Therefore,
EPA is proposing to decrease the
tolerances in 40 CFR 180.111(a)(1) for
mango, passionfruit, pecan, pineapple,
and walnut, each to 0.2 ppm, and
redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and
available field trial data that showed
malathion residues of concern in or on
oranges as high as 1.91 ppm, and
translation of that data to grapefruit,
kumquat, lemon, lime, and tangerine,
EPA determined that the tolerances
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should be decreased from 8 to 4.0 ppm
for orange, grapefruit, kumquat, lemon,
lime, and tangerine. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for orange,
grapefruit, kumquat, lemon, lime, and
tangerine; each to 4.0 ppm, and
redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and dry
bean data, which showed malathion
residues of concern as high as 0.74 ppm,
and translation of that data to lupin
seed, EPA determined that the tolerance
for lupin seed should be decreased from
8 to 2.0 ppm. Therefore, EPA is
proposing to decrease the tolerance in
40 CFR 180.111(a)(1) for lupin, seed to
2.0 ppm, and redesignate it to 40 CFR
180.111(a)(2).
Based on its use pattern and available
field trial data that showed malathion
residues of concern in or on peppers as
high as 0.09 ppm, EPA determined that
the tolerance should be decreased from
8 to 0.5 ppm. Therefore, EPA is
proposing to decrease the tolerance in
40 CFR 180.111(a)(1) for pepper to 0.5
ppm, and redesignate it to 40 CFR
180.111(a)(2).
6. Mancozeb. Based on label revisions
and available field trial data that
showed mancozeb residues as high as
0.738 ppm in or on wheat grain and 27.1
ppm in or on wheat straw, the Agency
determined that the tolerances should
be set at 1 ppm for wheat grain and 30
ppm for wheat straw, which when
converted to carbon disulfide
equivalents using a rounded conversion
factor of 0.6X (based on relative
molecular weights) is calculated as 0.6
ppm for grain and 18 ppm for straw.
The Agency determined that data for
wheat should be translated to barley,
oat, and rye because of similar use
patterns. In order to harmonize with
Codex, EPA is proposing in 40 CFR
180.176(a) to decrease the tolerances on
barley, grain; oat, grain; rye, grain; and
wheat, grain; each to 1 ppm and to
maintain the tolerance for wheat, straw
at 25 ppm (as recommended in the RED)
and therefore, also maintain the straw
tolerances at 25 ppm for barley, oat, and
rye.
Based on available processing data
that showed mancozeb residues
concentrated 2X in flour and 4X in
wheat bran and shorts, and a highest
average field trial (HAFT) of <0.748
ppm on the raw agricultural commodity
(RAC), the Agency expected residues as
high as 1.5 ppm for flour and 2.99 ppm
for bran, and the Agency determined
that the tolerances should be set at 2.0
ppm for flour and 3.0 ppm for bran and
shorts, which when converted to carbon
disulfide equivalents using a rounded
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conversion factor of 0.6X is calculated
as 1.2 ppm for flour and 2 ppm for bran
and shorts. The Agency determined that
data for wheat should be translated to
barley, oat, and rye because of similar
use patterns. Therefore, EPA is
proposing in 40 CFR 180.176(a) to
decrease the tolerances on wheat, flour;
barley, flour; and oat, flour; each to 1.2
ppm and also to establish a tolerance on
rye, flour at 1.2 ppm; and decrease the
tolerances on wheat, bran; barley, bran;
rye, bran; and wheat, shorts; each to 2
ppm.
Based on sufficient data for wheat
hay, where the field trial data showed
mancozeb residues as high as 46.4 ppm,
the Agency determined that the
tolerance, in carbon disulfide
equivalents, should be set at 30 ppm. No
additional data for wheat hay have been
received since the RED that would
change that conclusion. (Although the
Mancozeb RED stated that additional
data for wheat hay were needed to
establish a tolerance value, the Agency
had received sufficient data prior to the
RED to establish a tolerance value and
no additional data are needed). The
Agency determined that data for wheat
hay should be translated to barley and
oats because of similar use patterns.
Therefore, EPA is proposing to establish
tolerances in 40 CFR 180.176(a) on
wheat, hay; barley hay; and oat, hay at
30 ppm.
Based on label revision and available
field trial data that showed mancozeb
residues were as high as 12.6 ppm in or
on papaya, the Agency determined that
the tolerance should be set at 15 ppm,
which when converted to carbon
disulfide equivalents using a rounded
conversion factor of 0.6X is calculated
as 9 ppm. Therefore, EPA is proposing
to decrease the tolerance in 40 CFR
180.176(a) on papaya to 9 ppm.
Based on available field trial data that
showed mancozeb residues were not
detectable (<0.05 ppm) in or on field
corn grain, the Agency determined that
the tolerance should be set at 0.1 ppm,
which when converted to carbon
disulfide equivalents using a rounded
conversion factor of 0.6X is calculated
as 0.06 ppm. Therefore, EPA is
proposing to decrease the tolerance in
40 CFR 180.176(a) on corn, field, grain
to 0.06 ppm.
7. Mepiquat. Based on available data
at an exaggerated feeding level of 7X the
Maximum Theoretical Dietary Burden
(MTDB) which showed mepiquat
residues of concern in cattle meat, fat,
and milk were below the limit of
detection (<0.05 ppm), EPA determined
that there is no reasonable expectation
of finite mepiquat residues of concern in
livestock meat and fat. The tolerances
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are no longer needed under 40 CFR
180.6(a)(3) and therefore should be
revoked. Consequently, EPA is
proposing to revoke the tolerances for
mepiquat chloride in 40 CFR
180.384(a)(2) on cattle, fat; cattle, meat;
goat, fat; goat, meat; hog, fat; hog, meat;
horse, fat; horse, meat; sheep, fat; and
sheep, meat.
In addition, EPA is proposing to
combine the tolerance expressions for
mepiquat in 40 CFR 180.384(a)(1) and
mepiquat chloride in 40 CFR
180.384(a)(2) by measuring only
mepiquat in newly designated 40 CFR
180.384(a). Also, in order to describe
more clearly the measurement of
residues for tolerances and coverage of
metabolites and degradates of a
pesticide by the tolerances, EPA is
proposing to revise the introductory text
in newly designated 40 CFR 180.384(a)
to read as set out in the proposed
regulatory text at the end of this
document.
8. Oxamyl. In the Federal Register of
January 11, 2012 (77 FR 1684) (FRL–
9328–2), EPA announced its receipt of
voluntary requests by registrants to
amend certain pesticide registrations,
including amendments to terminate the
last oxamyl registrations for soybean
use. In the Federal Register of April 11,
2012 (77 FR 21767) (FRL–9342–2), EPA
published a cancellation order in
follow-up to the January 11, 2012 notice
and granted the requested amendments
to terminate use of oxamyl on soybeans.
Because the soybean use has not been
included on oxamyl product labels
since 2006, no existing stocks period is
needed. Therefore, EPA is proposing to
revoke the tolerance for oxamyl in 40
CFR 180.303(a) on soybean, seed.
9. Propetamphos. In the Federal
Register of August 18, 2010 (75 FR
51053) (FRL–8840–3), EPA announced
its receipt of voluntary requests by the
registrant to cancel certain
propetamphos registrations, which
would terminate the last propetamphos
products registered for use in the United
States. In the Federal Register of
December 30, 2010 (75 FR 82387) (FRL–
8854–8), EPA published a cancellation
order in follow-up to the August 18,
2010 notice which granted the requested
product cancellations and prohibited
the registrant from selling or
distributing its propetamphos technical
product after March 30, 2012 and enduse product until stocks are exhausted
as described. Persons other than the
registrant are allowed to sell, distribute,
and use existing stocks of the end-use
product until supplies are exhausted.
EPA believes that existing stocks have
been exhausted. Therefore, EPA is
proposing to revoke the sole tolerance
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for propetamphos in 40 CFR 180.541, on
food and feed commodities, and remove
that section in its entirety.
10. Quizalofop ethyl. Because EPA no
longer considers soybean soapstock to
be a significant livestock feed item, the
tolerance for quizalofop ethyl residues
of concern is no longer needed and
therefore should be revoked.
Consequently, EPA is proposing to
revoke the tolerance for quizalofop ethyl
in 40 CFR 180.441(a)(1) on soybean,
soapstock.
11. Spinosad. The existing tolerance
for spinosad on coriander leaves was
translated from the tolerance for
vegetable, leafy, except brassica, group 4
at 8.0 ppm. The 2009 Calendar Year
Pesticide Data Program (PDP) summary,
available at https://www.ams.usda.gov/
AMSv1.0/science, reported that
spinosad residues were detected in two
cilantro samples out of 184 samples.
Residues ranged from 0.016 to 0.030
ppm. Because fresh coriander leaves are
included in herb subgroup 19A, fresh
and residues on coriander leaves do not
exceed the herb subgroup 19A, fresh
tolerance of 3.0 ppm, there is no longer
any need for the separate tolerance on
coriander leaves at 8.0 and therefore it
should be revoked. Consequently, EPA
is proposing to revoke the tolerance for
spinosad in 40 CFR 180.495(a) on
coriander, leaves.
12. Spiroxamine. In the Federal
Register of September 7, 2011 (76 FR
55385) (FRL–8887–1), EPA announced
its receipt of voluntary requests by
registrants to cancel certain pesticide
registrations, including the last
registrations for use of spiroxamine on
hops. In the Federal Register of May 23,
2012 (77 FR 30526) (FRL–9347–3), EPA
published a cancellation order in
follow-up to the September 7, 2011
notice and granted the requested
product cancellations, including ones
which terminated use of spiroxamine on
hops. The cancellation order allowed
registrants to sell and distribute existing
stocks until May 23, 2013. EPA believes
that existing stocks (with hops use) will
be exhausted 1 year after May 23, 2013;
i.e., by May 23, 2014. Therefore, EPA is
proposing to revoke the tolerance for
spiroxamine in 40 CFR 180.602(a) on
hop, dried cones.
13. Thiram. Currently, tolerances for
thiram are established in 40 CFR
180.132(a) for residues of the fungicide
thiram (tetramethyl thiuram disulfide).
Thiram is a member of the class of
dithiocarbamates, whose decomposition
releases a common moiety, carbon
disulfide. In order to allow
harmonization of U.S. tolerances with
Codex MRLs, the Agency determined
that for the purpose of tolerance
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enforcement, residues of thiram should
be calculated as carbon disulfide.
Therefore, EPA is proposing to revise
the introductory text containing the
tolerance expression in 40 CFR
180.132(a) to thiram residues
convertible to and expressed in terms of
the degradate carbon disulfide and also
revise the tolerance expression in
accordance with current Agency
practice to describe more clearly the
measurement and scope or coverage of
the tolerances, to read as set out in the
proposed regulatory text at the end of
this document. Based on the revising of
the tolerance expression to carbon
disulfide, EPA determined that the
thiram tolerances for apple and
strawberry should be decreased from 7.0
to 5 ppm and 20 to 13 ppm,
respectively, and the tolerance for
banana should be increased from 0.80 to
2.0 ppm in order to harmonize with
Codex. Also, in order to harmonize with
Codex, EPA is maintaining the tolerance
for peach at 7.0 ppm. (The Agency’s
determination is available in the docket
of this proposed rule). Therefore, EPA is
proposing in 40 CFR 180.132(a) to
decrease the tolerances for apple to 5
ppm and strawberry to 13 ppm, and
increase the tolerance for banana to 2.0
ppm. The Agency determined that the
increased tolerance is safe; i.e., there is
a reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue.
14. Triflumizole. Because EPA no
longer considers dry apple pomace,
grape pomace, and grape raisin waste to
be significant livestock feed items, the
associated tolerances for triflumizole
residues of concern are no longer
needed and therefore should be
revoked. Also, based on apple
processing data that showed
triflumizole residues of concern do not
concentrate in wet apple pomace, the
tolerance is no longer needed and
should be revoked. Consequently, EPA
is proposing to revoke the tolerances for
triflumizole in 40 CFR 180.476(a)(1) on
apple, dry pomace; apple, wet pomace;
grape, dried pomace; grape, raisin,
waste; and grape, wet pomace.
Also, because there are no longer any
registered triflumizole uses associated
with feed items for poultry and swine,
tolerances for triflumizole residues of
concern on swine and poultry are no
longer needed and therefore should be
revoked. Consequently, EPA is
proposing to revoke the tolerances for
triflumizole in 40 CFR 180.476(a)(2) on
hog, fat; hog, meat; hog, meat
byproducts; poultry, fat; poultry, meat;
poultry, meat byproducts; and egg.
Based on available data at an
exaggerated feeding level of 6X the
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MTDB which showed triflumizole
residues of concern to be below the
limit of quantitation (<0.05 ppm) and
projected residues at 1X the MTDB in
cattle meat and milk to be well below
the limit of quantitation (<0.05 ppm),
EPA determined that there is no
reasonable expectation of finite
triflumizole residues of concern in
livestock meat and milk. These
tolerances are no longer needed under
40 CFR 180.6(a)(3) and therefore should
be revoked. Consequently, EPA is
proposing to revoke the tolerances for
triflumizole in 40 CFR 180.476(a)(2) on
cattle, meat; goat, meat; horse, meat;
sheep, meat; and milk.
In addition, based on available data at
an exaggerated feeding level at 6X the
MTDB which projected residues at 1X
the MTDB in cattle fat, kidney, and liver
to be <0.05 ppm, <0.10 ppm, and <0.10
ppm, respectively, EPA determined that
the existing tolerances should be
decreased. Consequently, EPA is
proposing to decrease the tolerances for
triflumizole in 40 CFR 180.476(a)(2)
from 0.5 to 0.10 ppm on cattle, fat; goat,
fat; horse, fat; and sheep, fat; and from
0.5 to 0.20 ppm on cattle, meat
byproducts; goat, meat byproducts;
horse, meat byproducts; and sheep,
meat byproducts.
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, authorizes the establishment of
tolerances, exemptions from tolerance
requirements, modifications in
tolerances, and revocation of tolerances
for residues of pesticide chemicals in or
on raw agricultural commodities and
processed foods. Without a tolerance or
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under FFDCA
section 402(a), 21 U.S.C. 342(a). Such
food may not be distributed in interstate
commerce, 21 U.S.C. 331(a). For a fooduse pesticide to be sold and distributed,
the pesticide must not only have
appropriate tolerances under the
FFDCA, but also must be registered
under FIFRA, 7 U.S.C. 136 et seq. Fooduse 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 certain specific
tolerance actions to implement the
tolerance recommendations made
during the reregistration and tolerance
reassessment processes (including
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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 is
discussed in detail in each RED for the
active ingredient. REDs 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 are
available as provided in Unit II.A.
EPA has issued REDs for malathion
and mancozeb. REDs 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 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 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
tolerances not needed to cover any
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imported food may result in
unnecessary restriction on trade of
pesticides and foods. Under FFDCA
section 408, a tolerance may only be
established or maintained if EPA
determines that the tolerance is safe
based on a number of factors, including
an assessment of the aggregate exposure
to the pesticide and an assessment of
the cumulative effects of such pesticide
and other substances that have a
common mechanism of toxicity. In
doing so, EPA must consider potential
contributions to such exposure from all
tolerances. If the cumulative risk is such
that the tolerances in aggregate are not
safe, then every one of these tolerances
is potentially vulnerable to revocation.
Furthermore, if unneeded tolerances are
included in the aggregate and
cumulative risk assessments, the
estimated exposure to the pesticide
would be inflated. Consequently, it may
be more difficult for others to obtain
needed tolerances or to register needed
new uses. To avoid potential trade
restrictions, the Agency is proposing to
revoke tolerances for residues on crops
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.
When EPA establishes tolerances for
pesticide residues in or on raw
agricultural commodities, consideration
must be given to the possible residues
of those chemicals 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). When considering this
possibility, EPA can conclude that:
1. Finite residues will exist in meat,
milk, poultry, and/or eggs.
2. There is a reasonable expectation
that finite residues will exist.
3. There is a reasonable expectation
that finite residues will not exist. If
there is no reasonable expectation of
finite pesticide residues in or on meat,
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milk, poultry, or eggs, tolerances do not
need to be established for these
commodities (40 CFR 180.6(b) and (c)).
EPA has evaluated certain specific
meat, milk, poultry, and egg tolerances
proposed for revocation in this
document and has concluded that there
is no reasonable expectation of finite
pesticide residues of concern in or on
those commodities.
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C. When do these actions become
effective?
EPA is proposing that the actions
herein become effective 6 months after
the date of publication of the final rule
in the Federal Register. EPA is
proposing this effective date for these
actions to allow a reasonable interval for
producers in exporting members of the
World Trade Organization’s (WTO’s)
Sanitary and Phytosanitary (SPS)
Measures Agreement to adapt to the
requirements of a final rule. EPA
believes that treated commodities will
have sufficient time for passage through
the channels of trade. 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 the Food Quality Protection Act
(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).
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Jkt 232001
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The Codex has not established a MRL
for carfentrazone-ethyl, mepiquat,
propetamphos, quizalofop ethyl,
spiroxamine, triflumizole, ethephon in
or on cucumber, oxamyl in or on
soybean seed, spinosad in or on
coriander leaves, or total
dithiocarbamates in or on barley bran,
barley flour, field corn grain, oat flour,
oat grain, rye bran, rye grain, wheat
bran, wheat flour, and wheat, shorts.
The Codex has established MRLs for
total dithiocarbamates determined as
carbon disulfide in or on various
commodities, including barley and
wheat, each at 1 milligrams/kilogram
(mg/kg). These MRLs are the same as the
tolerances proposed for mancozeb in the
United States.
The Codex has established MRLs for
total dithiocarbamates determined as
carbon disulfide in or on various
commodities, including papaya at 5 mg/
kg. This MRL is covered by a proposed
U.S. tolerance at a higher level than the
MRL. The MRL is different than the
proposed U.S. tolerance for mancozeb in
the United States because of differences
in residue definition, use patterns, and/
or good agricultural practices.
The Codex has established MRLs for
malathion in or on various
commodities, including onion, bulb at 1
milligrams/kilogram (mg/kg). This MRL
is the same as the tolerance proposed for
malathion in the United States.
The Codex has established MRLs for
malathion in or on various
commodities, including asparagus at 1
mg/kg and peppers at 0.1 mg/kg. These
MRLs are covered by proposed U.S.
tolerances at higher levels than the
MRLs. These MRLs are different than
the tolerances established for malathion
in the United States because of
differences in residue definition, use
patterns, and/or good agricultural
practices.
The Codex has established MRLs for
malathion in or on citrus fruits at 7 mg/
kg, grapes at 5 mg/kg, and turnip greens
at 5 mg/kg. These MRLs are different
than the tolerances proposed for
malathion in the United States because
of differences in residue definition, use
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
patterns, and/or good agricultural
practices.
The Codex has established a MRL for
amitraz in or on various commodities,
including cotton seed at 0.5 mg/kg. This
MRL is covered by the current U.S.
tolerance at a higher level than the MRL,
but would no longer be covered due to
the proposed revocation of the U.S.
tolerance.
The Codex has established MRLs for
total dithiocarbamates determined as
carbon disulfide in or on various
commodities, including banana at 2 mg/
kg, peach at 7 mg/kg, and strawberry at
5 mg/kg. The MRLs for banana and
peach are the same as the U.S.
tolerances proposed for thiram in the
United States. The MRL for strawberry
is covered by a proposed U.S. tolerance
at a higher level than the MRL. The
MRL for strawberry is different than the
tolerance proposed for thiram 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
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) (2 U.S.C.
1501 et seq.). 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
E:\FR\FM\11JYP1.SGM
11JYP1
sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Proposed Rules
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) (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,
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18:55 Jul 10, 2014
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1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This proposed
rule directly regulates growers, food
processors, food handlers, and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of FFDCA section 408(n)(4).
For these same reasons, the Agency has
determined that this proposed rule does
not have any ‘‘tribal implications’’ as
described in Executive Order 13175,
entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000). Executive Order 13175,
requires EPA to develop an accountable
process to ensure ‘‘meaningful and
timely input by tribal officials in the
development of regulatory policies that
have tribal implications.’’ ‘‘Policies that
have tribal implications’’ is defined in
the Executive order to include
regulations that have ‘‘substantial direct
effects on one or more Indian tribes, on
the relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
proposed rule will not have substantial
direct effects on tribal governments, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
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: June 24, 2014.
Jack Housenger,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
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40051
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.111, revise the table in
paragraph (a)(1) and revise paragraph
(a)(2) to read as follows:
■
§ 180.111 Malathion; tolerances for
residues.
(a) * * *
(1) * * *
Commodity
Alfalfa, hay ..............................
Almond, hulls ..........................
Almond, postharvest ...............
Apple .......................................
Barley, grain, postharvest .......
Bean, dry, seed ......................
Bean, succulent ......................
Beet, sugar, roots ...................
Beet, sugar, tops ....................
Blueberry ................................
Cherry .....................................
Chestnut .................................
Corn, field, forage ...................
Corn, field, grain, postharvest
Corn, pop, grain, postharvest
Corn, sweet, forage ................
Corn, sweet, kernel plus cob
with husks removed ............
Cowpea, forage ......................
Cowpea, hay ...........................
Cranberry ................................
Cucumber ...............................
Currant ....................................
Date, dried fruit .......................
Flax, seed ...............................
Guava .....................................
Hazelnut ..................................
Hop, dried cones ....................
Lentil, seed .............................
Lespedeza, hay ......................
Oat, grain, postharvest ...........
Papaya ....................................
Pea .........................................
Pea, field, hay .........................
Pea, field, vines ......................
Peanut, hay ............................
Peanut, postharvest ................
Plum ........................................
Plum, prune ............................
Quince ....................................
Rice, grain, postharvest ..........
Rice, wild ................................
Rye, grain, postharvest ..........
Safflower, seed .......................
Sorghum, grain, forage ...........
Sorghum, grain, grain,
postharvest ..........................
Soybean, forage .....................
Soybean, hay ..........................
Soybean, seed ........................
Soybean, vegetable, succulent
Strawberry ..............................
Sunflower, seed, postharvest
Tomato ....................................
Trefoil, hay ..............................
Vegetable, brassica, leafy,
group 5 ................................
E:\FR\FM\11JYP1.SGM
11JYP1
Parts per
million
135
50
8
8
8
8
8
1
8
8
8
1
8
8
8
8
2
135
135
8
8
8
8
0.1
8
1
1
8
135
8
1
8
8
8
135
8
8
8
8
8
8
8
0.2
8
8
135
135
8
8
8
8
8
135
8
40052
Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Proposed Rules
Commodity
Parts per
million
Vegetable, leafy, except brassica, group 4 .......................
Vetch, hay ...............................
Wheat, grain, postharvest ......
8
135
8
(2) Tolerances are established for
residues of the insecticide malathion,
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 malathion
(O,O-dimethyl dithiophosphate of
diethyl mercaptosuccinate), and its
metabolite malaoxon (O,O-dimethyl
thiophosphate of diethyl
mercaptosuccinate), in or on the
commodity.
sroberts on DSK5SPTVN1PROD with PROPOSALS
Commodity
Parts per
million
Alfalfa, forage .........................
Apricot .....................................
Asparagus ...............................
Avocado ..................................
Barley, straw ...........................
Beet, garden, roots .................
Beet, garden, tops ..................
Blackberry ...............................
Boysenberry ............................
Carrot, roots ............................
Chayote, fruit ..........................
Chayote, roots ........................
Clover, forage .........................
Clover, hay .............................
Corn, field, stover ...................
Cotton, undelinted seed .........
Dewberry ................................
Eggplant ..................................
Fig ...........................................
Garlic, bulb .............................
Gooseberry .............................
Grape ......................................
Grapefruit ................................
Grass, forage ..........................
Grass, hay ..............................
Horseradish ............................
Kumquat .................................
Leek ........................................
Lemon .....................................
Lime ........................................
Loganberry ..............................
Lupin, seed .............................
Mango .....................................
Melon ......................................
Mushroom ...............................
Nectarine ................................
Nut, macadamia .....................
Oat, forage ..............................
Oat, straw ...............................
Okra ........................................
Onion, bulb .............................
Onion, green ...........................
Orange ....................................
Parsnip ....................................
Passionfruit .............................
Peach ......................................
Pear ........................................
Pecan ......................................
Pepper ....................................
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125
1.0
2.0
0.2
50
0.5
4.0
6
6
1
0.2
0.1
125
125
30.0
20.0
6
2.0
1.0
1.0
6
4.0
4.0
200
270
0.5
4.0
6.0
4.0
4.0
6
2.0
0.2
1.0
0.2
1.0
0.2
4.0
50
3.0
1.0
6.0
4.0
0.5
0.2
6.0
3.0
0.2
0.5
Jkt 232001
Parts per
million
Commodity
Peppermint, tops ....................
Pineapple ................................
Potato .....................................
Pumpkin ..................................
Radish .....................................
Raspberry ...............................
Rutabaga ................................
Rye, forage .............................
Rye, straw ...............................
Salsify, roots ...........................
Salsify, tops ............................
Shallot, bulb ............................
Spearmint, tops ......................
Squash, summer ....................
Squash, winter ........................
Sweet potato, roots ................
Tangerine ................................
Trefoil, forage .........................
Turnip, greens ........................
Turnip, roots ...........................
Walnut .....................................
Watercress ..............................
Wheat, forage .........................
Wheat, straw ...........................
2.0
0.2
0.1
1.0
0.5
6
0.5
4.0
50
0.5
4.0
6.0
2.0
0.2
1.0
0.1
4.0
125
4.0
0.5
0.2
0.2
4.0
50
*
*
*
*
*
3. In § 180.132, revise paragraph (a) to
read as follows:
■
§ 180.132
Thiram; tolerances for residues.
(a) General. Tolerances are
established for residues of the fungicide
thiram, tetramethyl thiuram disulfide,
including its metabolites and
degradates, in or on the commodities in
the table in this paragraph. Compliance
with the tolerance levels specified in
this paragraph is to be determined by
measuring only those thiram residues
convertible to and expressed in terms of
the degradate carbon disulfide, in or on
the commodity.
Parts per
million
Commodity
Apple .................
Banana 1 ...........
Peach ................
Strawberry ........
Expiration/
revocation
date
5
2.0
7.0
13
None
3/31/15
None
None
1 There are no U.S. registrations as of September 23, 2009.
*
*
§ 180.142
*
*
*
[Amended]
4. In § 180.142, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.169
[Amended]
5. In § 180.169, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
■ 6. In § 180.176, revise the table in
paragraph (a) to read as follows:
■
§ 180.176 Mancozeb; tolerances for
residues.
PO 00000
(a) * * *
Frm 00035
Fmt 4702
Sfmt 4702
Commodity
Almond ....................................
Almond, hulls ..........................
Apple .......................................
Asparagus ...............................
Atemoya ..................................
Banana ...................................
Barley, bran ............................
Barley, flour ............................
Barley, grain ...........................
Barley, hay ..............................
Barley, pearled barley ............
Barley, straw ...........................
Beet, sugar, dried pulp ...........
Beet, sugar, roots ...................
Beet, sugar, tops ....................
Broccoli ...................................
Cabbage .................................
Canistel ...................................
Cattle, kidney ..........................
Cattle, liver ..............................
Cherimoya ..............................
Corn, field, forage ...................
Corn, field, grain .....................
Corn, field, stover ...................
Corn, pop, grain ......................
Corn, pop, stover ....................
Corn, sweet, forage ................
Corn, sweet, kernel plus cob
with husks removed ............
Corn, sweet, stover ................
Cotton, undelinted seed .........
Crabapple ...............................
Cranberry ................................
Custard apple .........................
Fennel .....................................
Flax, seed ...............................
Ginseng ..................................
Goat, kidney ...........................
Goat, liver ...............................
Grape ......................................
Hog, kidney .............................
Hog, liver ................................
Horse, kidney ..........................
Horse, liver .............................
Lettuce, head ..........................
Lettuce, leaf ............................
Mango .....................................
Oat, flour .................................
Oat, grain ................................
Oat, groats/rolled oats ............
Oat, hay ..................................
Oat, straw ...............................
Onion, bulb .............................
Papaya ....................................
Peanut ....................................
Peanut, hay ............................
Pear ........................................
Pepper ....................................
Potato .....................................
Poultry, kidney ........................
Poultry, liver ............................
Quince ....................................
Rice, grain ..............................
Rye, bran ................................
Rye, flour ................................
Rye, grain ...............................
Rye, straw ...............................
Sapodilla .................................
Sapote, mamey ......................
Sapote, white ..........................
Sheep, kidney .........................
Sheep, liver .............................
Sorghum, grain, forage ...........
E:\FR\FM\11JYP1.SGM
11JYP1
Parts per
million
0.1
4
0.6
0.1
3.0
2
2
1.2
1
30
20
25
3.0
1.2
60
7
9
15.0
0.5
0.5
3.0
40
0.06
15
0.1
40
70
0.1
40
0.5
0.6
5
3.0
2.5
0.15
1.2
0.5
0.5
1.5
0.5
0.5
0.5
0.5
3.5
18
15.0
1.2
1
20
30
25
1.5
9
0.1
65
0.6
12
0.2
0.5
0.5
0.6
0.06
2
1.2
1
25
15.0
15.0
15.0
0.5
0.5
0.15
Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Proposed Rules
Parts per
million
Commodity
0.15
15.0
3.0
10
2.5
2.0
0.70
2
1.2
20
1
30
20
2
25
1 There are no U.S. registrations for use of
mancozeb on tangerine.
*
§ 180.205
*
*
*
[Amended]
7. In § 180.205, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.274
§ 180.383
18. In § 180.383, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■ 19. In § 180.384, revise paragraph (a)
to read as follows:
§ 180.439
§ 180.384 Mepiquat (N,Ndimethylpiperidinium); tolerances for
residues.
■
■
[Amended]
[Amended]
10. In § 180.288, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
Cattle, meat byproducts ...........
Cotton, gin byproducts .............
Cotton, undelinted seed ...........
Goat, meat byproducts .............
Grape ........................................
Grape, raisin .............................
Hog, meat byproducts ..............
Horse, meat byproducts ...........
Sheep, meat byproducts ..........
*
*
§ 180.399
[Amended]
11. In § 180.293, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
■
§ 180.441
[Amended]
§ 180.445
[Amended]
29. In § 180.445, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.447
[Amended]
30. In § 180.447, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(2).
■
§ 180.451
[Amended]
31. In § 180.451, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
*
*
0.1
6.0
2.0
0.1
1.0
5.0
0.1
0.1
0.1
*
[Amended]
20. In § 180.399, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
§ 180.463
[Amended]
32. In § 180.463, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
■
§ 180.473
[Amended]
33. In § 180.473, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■ 34. In § 180.476, revise the table in
paragraph (a)(1) and revise the table in
paragraph (a)(2) to read as follows:
■
■
§ 180.401
[Amended]
[Amended]
§ 180.476 Triflumizole; tolerances for
residues.
(a) * * *
(1) * * *
21. In § 180.401, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
12. In § 180.300, remove the entry for
‘‘Cucumber’’ from the table in paragraph
(a).
■
§ 180.301
§ 180.417
■
[Amended]
[Amended]
22. In § 180.417, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
13. In § 180.301, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.303
§ 180.418
■
[Amended]
[Amended]
23. In § 180.418, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(2).
14. In § 180.303, remove the entry for
‘‘Soybean, seed’’ from the table in
paragraph (a).
■
§ 180.355
§ 180.425
■
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Parts per
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9. In § 180.287, remove the entry for
‘‘Cotton, undelinted seed 1’’ and the
footnote from the table in paragraph (a).
§ 180.300
[Amended]
27. In § 180.439, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
28. In § 180.441, remove the entry for
‘‘Soybean, soapstock’’ from the table in
paragraph (a)(1).
(a) General. Tolerances are
established for residues of the plant
growth regulator mepiquat, 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 mepiquat, N,Ndimethylpiperidinium, in or on the
commodity.
[Amended]
■
§ 180.293
[Amended]
[Amended]
26. In § 180.438, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1) and from the table in
paragraph (a)(2).
■
■
8. In § 180.274, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
§ 180.288
§ 180.438
■
■
§ 180.287
[Amended]
17. In § 180.377, remove the entry for
‘‘Rice, straw’’ from the table in
0.25
paragraph (a)(2).
Sorghum, grain, grain .............
Sorghum, grain, stover ...........
Star apple ...............................
Sugar apple ............................
Tangerine 1 .............................
Tomato ....................................
Vegetable, cucurbit, group 9 ..
Walnut .....................................
Wheat, bran ............................
Wheat, flour ............................
Wheat, germ ...........................
Wheat, grain ...........................
Wheat, hay .............................
Wheat, middlings ....................
Wheat, shorts .........................
Wheat, straw ...........................
*
§ 180.377
40053
[Amended]
[Amended]
24. In § 180.425, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
15. In § 180.355, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
■
§ 180.361
§ 180.434
■
[Amended]
16. In § 180.361, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
VerDate Mar<15>2010
18:55 Jul 10, 2014
Jkt 232001
[Amended]
25. In § 180.434, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
Commodity
Berry, low growing, subgroup
13–07G, except cranberry ..
Brassica, head and stem, subgroup 5A .............................
Brassica, leafy greens, subgroup 5B .............................
Canistel ...................................
Cherry, sweet .........................
Cherry, tart ..............................
Cilantro, leaves .......................
Fruit, pome, group 11–10 .......
Fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13–07F ......................
Hazelnut ..................................
Hop, dried cones ....................
Leafy greens subgroup 4A,
except spinach ....................
Mango .....................................
Papaya ....................................
Pineapple ................................
E:\FR\FM\11JYP1.SGM
11JYP1
Parts per
million
2.0
8.0
40
2.5
1.5
1.5
35
0.50
2.5
0.05
50
35
2.5
2.5
4.0
40054
Federal Register / Vol. 79, No. 133 / Friday, July 11, 2014 / Proposed Rules
Parts per
million
Commodity
Sapodilla .................................
Sapote, black ..........................
Sapote, mamey ......................
Star apple ...............................
Swiss chard ............................
Tomato ....................................
Turnip, greens ........................
Vegetable, cucurbit, group 9 ..
2.5
2.5
2.5
2.5
18
1.5
40
0.5
§ 180.577
[Amended]
§ 180.602
[Amended]
45. In § 180.602, remove the entry for
‘‘Hop, dried cones’’ from the table in
paragraph (a).
■
§ 180.605
[Amended]
46. In § 180.605, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
(2) * * *
Parts per
million
Commodity
§ 180.625
[Amended]
47. In § 180.625, remove the entry for
0.10
0.20 ‘‘Rice, straw’’ from the table in
0.10 paragraph (a).
■
Cattle, fat ................................
Cattle, meat byproducts .........
Goat, fat ..................................
Goat, meat byproducts ...........
Horse, fat ................................
Horse, meat byproducts .........
Sheep, fat ...............................
Sheep, meat byproducts ........
0.20
0.10
0.20
0.10
0.20
[FR Doc. 2014–16063 Filed 7–10–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
*
*
§ 180.479
*
*
*
National Oceanic and Atmospheric
Administration
[Amended]
35. In § 180.479, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(2).
■
§ 180.484
[Amended]
36. In § 180.484, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.495
[Amended]
37. In § 180.495, remove the entry for
‘‘Coriander, leaves’’ from the table in
paragraph (a).
■
§ 180.507
38. In § 180.507, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(1).
■
§ 180.515
[Amended]
39. In § 180.515, remove the entries
for ‘‘Caneberry subgroup 13A,’’ ‘‘Cotton,
hulls,’’ ‘‘Cotton, meal,’’ ‘‘Cotton, refined
oil’’ and ‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.517
[Amended]
40. In § 180.517, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.541
sroberts on DSK5SPTVN1PROD with PROPOSALS
■
[Removed]
41. Remove § 180.541.
§ 180.555
[Amended]
42. In § 180.555, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
§ 180.570
[Amended]
43. In § 180.570, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a)(2).
■
VerDate Mar<15>2010
18:55 Jul 10, 2014
50 CFR Parts 223 and 224
RIN 0648–XD267
Endangered and Threatened Wildlife;
90-Day Finding on a Petition To
Identify the Central North Pacific
Population of Humpback Whale as a
Distinct Population Segment (DPS) and
Delist the DPS Under the Endangered
Species Act; Extension of Public
Comment Period
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Extension of public comment
period.
AGENCY:
[Amended]
Jkt 232001
We, NMFS, announce the
extension of the public comment period
on our June 26, 2014, 90-day finding on
a petition to designate the Central North
Pacific population of humpback whale
(Megaptera novaeangliae) as a Distinct
Population Segment (DPS) and delist
the DPS under the Endangered Species
Act (ESA). As part of that finding, we
solicited scientific and commercial
information about the status of this
population and announced a 30-day
comment period to end on July 28,
2014. Today, we extend the public
comment period to August 27, 2014.
Comments previously submitted need
not be resubmitted, as they will be fully
considered in the agency’s final
determination.
DATES: The deadline for receipt of
comments is extended from July 28,
2014 until August 27, 2014.
SUMMARY:
PO 00000
Frm 00037
Fmt 4702
You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2014–
0051, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2014-0051, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Address written comments to
Jon Kurland, Assistant Regional
Administrator for Protected Resources,
Alaska Region NMFS, Attn: Ellen
Sebastian. Mail comments to P.O. Box
21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Interested persons may obtain a copy
of the petition online at the NMFS
Alaska Region Web site: https://
alaskafisheries.noaa.gov/protected
resources/whales/humpback/.
FOR FURTHER INFORMATION CONTACT:
Aleria Jensen, NMFS Alaska Region,
(907) 586–7248 or Jon Kurland, NMFS
Alaska Region, (907) 586–7638.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
44. In § 180.577, remove the entry for
‘‘Rice, straw’’ from the table in
paragraph (a).
■
Sfmt 4702
Background
On June 26, 2014 we published a
proposed rule (79 FR 36281)
announcing a positive 90-day finding on
a petition to designate the Central North
Pacific population of humpback whale
as a Distinct Population Segment (DPS)
and delist the DPS under the
Endangered Species Act (ESA). In that
notice we also solicited comments and
information from the public to inform
the continued development of our
humpback whale status review to
determine whether the Central North
Pacific humpback whale population
constitutes a DPS under the ESA, and if
so, the risk of extinction to this DPS.
We have received requests to extend
the public comment period by 30 days
E:\FR\FM\11JYP1.SGM
11JYP1
Agencies
[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Proposed Rules]
[Pages 40043-40054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16063]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2014-0194; FRL-9910-45]
RIN 2070-ZA16
Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et
al.; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to revoke certain tolerances for the
fungicides spiroxamine and triflumizole, the herbicides carfentrazone-
ethyl and quizalofop ethyl; the insecticides amitraz, oxamyl,
propetamphos, and spinosad; and the plant growth regulators ethephon
and mepiquat. In addition, EPA is proposing to revoke the tolerance on
rice straw for multiple active ingredients. Also, EPA is proposing to
modify certain tolerances for the fungicides mancozeb, thiram, and
triflumizole; and the insecticide malathion. In addition, EPA is
proposing to establish new tolerances for the fungicide mancozeb. Also,
in accordance with current Agency practice, EPA is proposing to make
minor revisions to the tolerance expression for malathion, mepiquat,
and thiram.
DATES: Comments must be received on or before September 9, 2014.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2014-0194, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide
[[Page 40044]]
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8037; email
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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
C. What can I do if I wish the agency to maintain a tolerance that the
agency proposes to revoke?
This proposed rule provides a comment period of 60 days for any
person to state an interest in retaining a tolerance proposed for
revocation. If EPA receives a comment within the 60-day period to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(f), if
needed. The order would specify data needed and the timeframes for its
submission, and would require that within 90 days some person or
persons notify EPA that they will submit the data. If the data are not
submitted as required in the order, EPA will take appropriate action
under FFDCA.
EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.
II. Background
A. What action is the agency taking?
EPA is proposing to revoke, modify, and establish specific
tolerances for residues of the fungicides mancozeb, spiroxamine,
thiram, and triflumizole; the herbicides carfentrazone-ethyl and
quizalofop ethyl; the insecticides amitraz, malathion, oxamyl,
propetamphos, and spinosad; and the plant growth regulators ethephon
and mepiquat in or on commodities listed in the regulatory text. In
addition, EPA is proposing to revoke the tolerances on rice straw for
multiple active ingredients because it is no longer considered by the
Agency to be a significant feed item.
Also, EPA is proposing to make minor revisions to the tolerance
expressions for malathion, mepiquat, and thiram in accordance with
current Agency practice to describe more clearly the measurement of
residues for tolerances and coverage of metabolites and degradates of a
pesticide by the tolerances. The revisions to the tolerance expressions
do not substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances.
EPA is proposing to revoke certain tolerances because they are no
longer needed or are associated with food uses that are no longer
registered under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA).
The proposed tolerance actions for mancozeb and malathion are
consistent with the recommendations in their Reregistration Eligibility
Decisions (REDs) of 2005 and 2009, respectively. As part of the
tolerance reassessment process, EPA is required to determine whether
each of the amended tolerances meets the safety standard of FFDCA. The
safety finding determination of ``reasonable certainty of no harm'' is
discussed in detail in each RED. REDs recommend the implementation of
certain tolerance actions, including modifications to reflect current
use patterns, meet safety findings, and change commodity names and
groupings in accordance with new EPA policy. Printed copies of many
REDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419; telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet at 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 are available on the Internet
for the malathion and mancozeb REDs in dockets EPA-HQ-OPP-2004-0348 and
EPA-HQ-OPP-2005-0176, respectively, at https://www.regulations.gov and
at https://www.epa.gov/pesticides/reregistration/status.htm.
In REDs, Chapter IV on risk management, reregistration, and
tolerance reassessment typically describes the regulatory position,
cumulative safety determination, determination of safety for U.S.
general population, and safety for infants and children. In particular,
the human
[[Page 40045]]
health risk assessment document which supports the RED describes risk
exposure estimates and whether the Agency has concerns. EPA also seeks
to harmonize tolerances with international standards set by the Codex
Alimentarius Commission, as described in Unit III.
Explanations for proposed modifications in tolerances can be found
in the RED document and in more detail in the Residue Chemistry Chapter
document which supports the RED. Copies of the Residue Chemistry
Chapter documents are found in the Administrative Record and electronic
copies for malathion and mancozeb can be found under their respective
docket ID numbers, identified in Unit II.A. Electronic copies of other
support documents (including explanations for proposed modifications in
triflumizole tolerances) 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-
2014-0194, then click on that docket ID number to view its contents.
EPA had determined at the time of the RED 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
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. The references are
available for inspection as described in this document under
SUPPLEMENTARY INFORMATION.
In addition, 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.
EPA is proposing to revoke specific tolerances for residues of
mepiquat and triflumizole because the Agency has concluded that there
is no reasonable expectation of finite residues in or on the
commodities associated with the tolerances, and therefore these
tolerances are no longer needed.
The determinations that there are no reasonable expectations of
finite residues for the tolerances listed in this document were made
based on feeding studies submitted since the time that the tolerances
were originally established. These feeding studies used exaggerated
amounts of the compound and did not show measurable residues of the
pesticide active ingredient tested. The Agency made the determination
that there is no reasonable expectation of finite residues for the
pesticides active ingredient/commodity combinations listed in this
proposal in memoranda of July 30, 2001 for mepiquat and October 1, 2008
for triflumizole. Copies of these memoranda can be found in the docket
for this proposed rule. Because EPA determined that there is no
reasonable expectation of finite residues, under 40 CFR 180.6 the
tolerances are no longer needed under FFDCA and can be proposed for
revocation.
1. Multiple active ingredients. EPA has determined that rice straw
is no longer a significant feed item in the United States, and
therefore the tolerance is no longer needed and should be revoked. (The
document entitled ``OPPTS Test Guideline 860.1000 Supplement: Guidance
on Constructing Maximum Reasonably Balanced Diets (MRBD)'' is available
at https://www.regulations.gov under docket ID number EPA-HQ-OPPT-2009-
0155). Consequently, EPA is proposing to revoke the tolerances for
rice, straw in 40 CFR 180.142(a) for 2,4-D; 180.169(a)(1) for carbaryl;
180.205(a) for paraquat; 180.274(a) for propanil; 180.288(a) for 2-
(thiocyanomethylthio)benzothiazole; 180.293(a)(1) for endothall;
180.301(a) for carboxin; 180.355(a)(1) for bentazon; 180.361(a) for
pendimethalin; 180.377(a)(2) for diflubenzuron; 180.383(a) for sodium
salt of acifluorfen; 180.399(a)(1) for iprodione; 180.401(a) for
thiobencarb; 180.417(a)(1) for triclopyr; 180.418(a)(2) for zeta-
cypermethrin; 180.425(a) for clomazone; 180.434(a) for propiconazole;
180.438(a)(1) for lambda-cyhalothrin; 180.438(a)(2) for gamma-
cyhalothrin and its epimer; 180.439(a) for thifensulfuron methyl;
180.445(a) for bensulfuron methyl; 180.447(a)(2) for imazethapyr;
180.451(a) for tribenuron methyl; 180.463(a)(1) for quinclorac;
180.473(a) for glufosinate ammonium; 180.479(a)(2) for halosulfuron-
methyl; 180.484(a) for flutolanil; 180.507(a)(1) for azoxystrobin;
180.517(a) for fipronil; 180.555(a) for trifloxystrobin; 180.570(a)(2)
for isoxadifen-ethyl; 180.577(a) for bispyribac-sodium; 180.605(a) for
penoxsulam; and 180.625(a) for orthosulfamuron.
2. Amitraz. There have been no active U.S. registrations for use of
amitraz on cotton since May 3, 2006 and the manufacturer, Arysta Life
Sciences, notified EPA in July 2011 that it no longer is interested in
supporting the tolerance for amitraz use on cotton, undelinted seed for
import purposes. The tolerance is no longer needed and therefore should
be revoked. Consequently, EPA is proposing to revoke the tolerance for
amitraz in 40 CFR 180.287(a) on cotton, undelinted seed.
3. Carfentrazone-ethyl. Because the first cotton processing study
submitted by the registrant was conducted at 1.0x the seasonal
application rate and resulted in residues less than the Limit of
Quantitation (LOQ) of 0.05 ppm, EPA requested that a processing study
be conducted at an application rate sufficient to generate residues in/
on cottonseed and set tolerances for cotton hulls, meal, and oil using
theoretical processing factors and the highest average cottonseed field
trial residue. Based on an available second processing study conducted
at 2.0x the seasonal application rate, which showed that carfentrazone-
ethyl residues of concern in or on cottonseed were detected (Limit of
Detection 0.015-0.020 ppm) but were less than the LOQ of 0.05 ppm, EPA
determined that the tolerances for carfentrazone-ethyl residues of
concern are no longer needed on cottonseed hull, meal, and oil and
therefore should be revoked. Consequently, EPA is proposing to revoke
the tolerances for carfentrazone-ethyl in 40 CFR 180.515(a) on cotton,
hulls; cotton, meal; and cotton, refined oil.
Because uses supported by the carfentrazone-ethyl tolerance for
caneberry subgroup 13A at 0.1 ppm are covered by the tolerance for
berry group 13 at 0.10 ppm, there is no longer any need for the
separate subgroup tolerance and therefore it should be revoked. In
addition, because EPA no longer considers rice straw to be a
significant feed item, the tolerance is no longer needed and should be
revoked. Consequently, EPA is proposing to revoke the tolerances for
carfentrazone-ethyl in 40 CFR 180.515(a) on caneberry subgroup 13A and
rice, straw.
4. Ethephon. Because the last product label amendment has been
completed which limits the use of ethephon to cucumbers grown for seed
production only and restricts the harvesting of treated cucumbers for
human or animal consumption, a food tolerance for ethephon is no longer
needed and therefore should be revoked.
[[Page 40046]]
Consequently, EPA is proposing to revoke the tolerance for ethephon in
40 CFR 180.300(a) on cucumber.
5. Malathion. EPA is proposing to modify the plant tolerance
commodity levels for certain existing malathion tolerances in 40 CFR
180.111(a)(1) based on available field trial data and product label
changes. Currently, those tolerances are established for residues of
malathion. However, as stated in the 2009 amended RED for malathion,
based on available plant metabolism data, EPA determined that the
residues of concern in plants consist of malathion and its metabolite,
malaoxon, and therefore the tolerance expression for plant commodities
should be revised. Because EPA is not proposing to modify all of the
plant commodity tolerances in 40 CFR 180.111(a)(1) at this time, EPA is
proposing that those specific tolerances which it is proposing to
modify herein be redesignated from 40 CFR 180.111(a)(1) to 40 CFR
180.111(a)(2), where tolerances are currently established for malathion
and its metabolite malaoxon. Also, in accordance with current Agency
practice 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 180.111(a)(2) to read as
set out in the proposed regulatory text at the end of this document.
Based on product label changes to their use patterns and available
field trial data that showed malathion residues of concern in or on
apricot as high as <0.65 ppm, avocado as high as <0.08 ppm, fig as high
as <0.41 ppm, grape as high as 2.78 ppm, macadamia nut as high as <0.10
ppm, melon as high as <0.85 ppm, mushroom as high as <0.10 ppm, okra as
high as <2.23 ppm, bulb onion as high as <0.60 ppm, green onion as high
as 4.88 ppm, peach as high as <3.64 ppm, pear as high as 2.23 ppm,
peppermint and spearmint tops as high as 1.43 ppm, EPA determined that
the tolerances should be decreased from 8 to 1.0 ppm, 8 to 0.2 ppm, 8
to 1.0 ppm, 8 to 4.0, 1 to 0.2 ppm, 8 to 1.0 ppm, 8 to 0.2 ppm, 8 to
3.0 ppm, 8 to 1.0, 8 to 6.0, 8 to 6.0 ppm, 8 to 3.0 ppm, 8 to 2.0 ppm,
and 8 to 2.0 ppm, respectively. Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.111(a)(1) for apricot, fig, melon, and
onion, bulb to 1.0 ppm, avocado, mushroom, and nut, macadamia to 0.2
ppm, grape to 4.0 ppm, okra and pear to 3.0 ppm, onion, green and peach
to 6.0 ppm, peppermint, tops and spearmint, tops to 2.0 ppm, and
redesignate them to 40 CFR 180.111(a)(2).
Available residue data may be translated by the Agency from one
commodity to another related commodity where appropriate (e.g., have
similar use patterns). Based on their use patterns and the translation
of apricot data to nectarine, bulb onion data to garlic, and green
onion data to leek and shallot (data previously mentioned herein), EPA
determined that the tolerances for nectarine, bulb garlic, leek, and
bulb shallot should be decreased from 8 to 1.0 ppm, 8 to 1.0 ppm, 8 to
6 ppm, and 8 to 6 ppm, respectively. Therefore, EPA is proposing to
decrease the tolerances in 40 CFR 180.111(a)(1) for nectarine and
garlic, bulb to 1.0 ppm, and leek and shallot, bulb to 6.0 ppm, and
redesignate them to 40 CFR 180.111(a)(2).
Based on their use patterns and the translation of melon data (data
previously mentioned herein) to pumpkin and winter squash, EPA
determined that the tolerances for pumpkin and winter squash should
each be decreased from 8 to 1.0 ppm. Therefore, EPA is proposing to
decrease the tolerances in 40 CFR 180.111(a)(1) for pumpkin; and
squash, winter; each to 1.0 ppm, and redesignate them to 40 CFR
180.111(a)(2).
Based on its use pattern and available field trial data that showed
malathion residues of concern in or on asparagus were as high as 1.38
ppm, EPA determined that the tolerance should be decreased from 8 to
2.0 ppm. Therefore, EPA is proposing to decrease the tolerance in 40
CFR 180.111(a)(1) for asparagus to 2.0 ppm, and redesignate it to 40
CFR 180.111(a)(2).
Based on their use patterns and available field trial data that
showed malathion residues of concern in or on blackberry as high as
3.99 ppm and raspberry as high as 4.96 ppm, EPA determined that the
tolerances should be decreased from 8 to 6 ppm and 8 to 6 ppm,
respectively. Therefore, EPA is proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for blackberry and raspberry to 6 ppm, and
redesignate them to 40 CFR 180.111(a)(2).
Based on their use patterns and the translation of blackberry and/
or raspberry data (data previously mentioned herein) to boysenberry,
dewberry, gooseberry, and loganberry, EPA determined that the
tolerances for boysenberry, dewberry, gooseberry, and loganberry should
each be decreased from 8 to 6 ppm. Therefore, EPA is proposing to
decrease the tolerances in 40 CFR 180.111(a)(1) for boysenberry,
dewberry, gooseberry, and loganberry, each to 6 ppm, and redesignate
them to 40 CFR 180.111(a)(2).
Based on their use patterns and available field trial data that
showed malathion residues of concern in or on turnip greens as high as
3.40 ppm and turnip roots as high as <0.18 ppm, EPA determined that the
tolerances should be decreased from 8 to 4.0 ppm and 8 to 0.5 ppm,
respectively. Therefore, EPA is proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for turnip, greens to 4.0 ppm and turnip, roots to
0.5 ppm, and redesignate them to 40 CFR 180.111(a)(2).
Based on their use patterns and the translation of turnip greens
data (data previously mentioned herein) to garden beet tops and salsify
tops, EPA determined that the tolerances for beet, garden, tops and
salsify, tops; should each be decreased from 8 to 4.0 ppm. Therefore,
EPA is proposing to decrease the tolerances in 40 CFR 180.111(a)(1) for
beet, garden, tops; and salsify, tops; each to 4.0 ppm, and redesignate
them to 40 CFR 180.111(a)(2).
Based on their use patterns and the translation of the turnip root
data (data previously mentioned herein) to garden beet roots,
horseradish, parsnip, radish, rutabaga, and salsify roots, EPA
determined that the tolerances for beet, garden, roots; horseradish;
parsnip; radish; rutabaga; and salsify, roots; should each be decreased
from 8 to 0.5 ppm. Therefore, EPA is proposing to decrease the
tolerances in 40 CFR 180.111(a)(1) for beet, garden, roots,
horseradish; parsnip; radish; rutabaga; and salsify, roots; each to 0.5
ppm, and redesignate them to 40 CFR 180.111(a)(2).
Based on their use patterns and available field trial data that
showed malathion residues of concern in or on potatoes as high as 0.05
ppm, and translation of that data to chayote roots and sweet potato
roots, EPA determined that the tolerances should be decreased from 8 to
0.1 ppm for potato; chayote, roots; and sweet potato, roots. Therefore,
EPA is proposing to decrease the tolerances in 40 CFR 180.111(a)(1) for
potato; chayote, roots; and sweet potato, roots; each to 0.1 ppm, and
redesignate them to 40 CFR 180.111(a)(2).
Based on their use patterns and cucumber data which showed
malathion residues of concern as high as <0.11 ppm, and translation of
that data to chayote fruit and summer squash, EPA determined that the
tolerances for chayote fruit and summer squash should be decreased from
8 to 0.2 ppm. Therefore, EPA is proposing to decrease the tolerances in
40 CFR 180.111(a)(1) for chayote, fruit; and squash, summer; each to
0.2 ppm, and redesignate them to 40 CFR 180.111(a)(2).
[[Page 40047]]
Based on their use patterns and tomato data, which showed malathion
residues of concern as high as 1.54 ppm, and translation of that data
to eggplant, EPA determined that the tolerance for eggplant should be
decreased from 8 to 2.0 ppm. Therefore, EPA is proposing to decrease
the tolerance in 40 CFR 180.111(a)(1) for eggplant to 2.0 ppm, and
redesignate it to 40 CFR 180.111(a)(2).
Based on their use patterns and available field trial data that
showed malathion residues of concern in or on alfalfa and clover forage
as high as 110.12 ppm and 120.14 ppm, respectively, and translation of
that data to trefoil forage, EPA determined that the tolerances should
be decreased from 135 to 125 ppm for alfalfa, clover, and trefoil
forage. Also, based on its use pattern and available field trial data
that showed malathion residues of concern in or on clover hay as high
as 120.50 ppm, EPA determined that the tolerance should be decreased
from 135 to 125 ppm. Therefore, EPA is proposing to decrease the
tolerances in 40 CFR 180.111(a)(1) for alfalfa, forage; clover, forage;
trefoil, forage; and clover, hay; each to 125 ppm; and redesignate them
to 40 CFR 180.111(a)(2).
Based on its use pattern and available storage stability data that
showed malathion residues of concern in or on carrots were as high as
0.54 ppm, EPA determined that the tolerance should be decreased from 8
to 1 ppm. Therefore, EPA is proposing to decrease the tolerance in 40
CFR 180.111(a)(1) for carrot, roots to 1 ppm, and redesignate it to 40
CFR 180.111(a)(2).
Based on their use patterns and available field trial data that
showed malathion residues of concern in or on mango were as high as
<0.12 ppm, passionfruit were as high as <0.12 ppm, pineapple were as
high as 0.17 ppm, and walnuts were non-detectable (<0.10 ppm), EPA
determined that the tolerances should each be decreased from 8 to 0.2
ppm. Also, based on their use patterns and the translation of walnut
data to pecan, EPA determined that the pecan tolerance should be
decreased from 8 to 0.2 ppm. Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.111(a)(1) for mango, passionfruit, pecan,
pineapple, and walnut, each to 0.2 ppm, and redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and available field trial data that
showed malathion residues of concern in or on oranges as high as 1.91
ppm, and translation of that data to grapefruit, kumquat, lemon, lime,
and tangerine, EPA determined that the tolerances should be decreased
from 8 to 4.0 ppm for orange, grapefruit, kumquat, lemon, lime, and
tangerine. Therefore, EPA is proposing to decrease the tolerances in 40
CFR 180.111(a)(1) for orange, grapefruit, kumquat, lemon, lime, and
tangerine; each to 4.0 ppm, and redesignate them to 40 CFR
180.111(a)(2).
Based on their use patterns and dry bean data, which showed
malathion residues of concern as high as 0.74 ppm, and translation of
that data to lupin seed, EPA determined that the tolerance for lupin
seed should be decreased from 8 to 2.0 ppm. Therefore, EPA is proposing
to decrease the tolerance in 40 CFR 180.111(a)(1) for lupin, seed to
2.0 ppm, and redesignate it to 40 CFR 180.111(a)(2).
Based on its use pattern and available field trial data that showed
malathion residues of concern in or on peppers as high as 0.09 ppm, EPA
determined that the tolerance should be decreased from 8 to 0.5 ppm.
Therefore, EPA is proposing to decrease the tolerance in 40 CFR
180.111(a)(1) for pepper to 0.5 ppm, and redesignate it to 40 CFR
180.111(a)(2).
6. Mancozeb. Based on label revisions and available field trial
data that showed mancozeb residues as high as 0.738 ppm in or on wheat
grain and 27.1 ppm in or on wheat straw, the Agency determined that the
tolerances should be set at 1 ppm for wheat grain and 30 ppm for wheat
straw, which when converted to carbon disulfide equivalents using a
rounded conversion factor of 0.6X (based on relative molecular weights)
is calculated as 0.6 ppm for grain and 18 ppm for straw. The Agency
determined that data for wheat should be translated to barley, oat, and
rye because of similar use patterns. In order to harmonize with Codex,
EPA is proposing in 40 CFR 180.176(a) to decrease the tolerances on
barley, grain; oat, grain; rye, grain; and wheat, grain; each to 1 ppm
and to maintain the tolerance for wheat, straw at 25 ppm (as
recommended in the RED) and therefore, also maintain the straw
tolerances at 25 ppm for barley, oat, and rye.
Based on available processing data that showed mancozeb residues
concentrated 2X in flour and 4X in wheat bran and shorts, and a highest
average field trial (HAFT) of <0.748 ppm on the raw agricultural
commodity (RAC), the Agency expected residues as high as 1.5 ppm for
flour and 2.99 ppm for bran, and the Agency determined that the
tolerances should be set at 2.0 ppm for flour and 3.0 ppm for bran and
shorts, which when converted to carbon disulfide equivalents using a
rounded conversion factor of 0.6X is calculated as 1.2 ppm for flour
and 2 ppm for bran and shorts. The Agency determined that data for
wheat should be translated to barley, oat, and rye because of similar
use patterns. Therefore, EPA is proposing in 40 CFR 180.176(a) to
decrease the tolerances on wheat, flour; barley, flour; and oat, flour;
each to 1.2 ppm and also to establish a tolerance on rye, flour at 1.2
ppm; and decrease the tolerances on wheat, bran; barley, bran; rye,
bran; and wheat, shorts; each to 2 ppm.
Based on sufficient data for wheat hay, where the field trial data
showed mancozeb residues as high as 46.4 ppm, the Agency determined
that the tolerance, in carbon disulfide equivalents, should be set at
30 ppm. No additional data for wheat hay have been received since the
RED that would change that conclusion. (Although the Mancozeb RED
stated that additional data for wheat hay were needed to establish a
tolerance value, the Agency had received sufficient data prior to the
RED to establish a tolerance value and no additional data are needed).
The Agency determined that data for wheat hay should be translated to
barley and oats because of similar use patterns. Therefore, EPA is
proposing to establish tolerances in 40 CFR 180.176(a) on wheat, hay;
barley hay; and oat, hay at 30 ppm.
Based on label revision and available field trial data that showed
mancozeb residues were as high as 12.6 ppm in or on papaya, the Agency
determined that the tolerance should be set at 15 ppm, which when
converted to carbon disulfide equivalents using a rounded conversion
factor of 0.6X is calculated as 9 ppm. Therefore, EPA is proposing to
decrease the tolerance in 40 CFR 180.176(a) on papaya to 9 ppm.
Based on available field trial data that showed mancozeb residues
were not detectable (<0.05 ppm) in or on field corn grain, the Agency
determined that the tolerance should be set at 0.1 ppm, which when
converted to carbon disulfide equivalents using a rounded conversion
factor of 0.6X is calculated as 0.06 ppm. Therefore, EPA is proposing
to decrease the tolerance in 40 CFR 180.176(a) on corn, field, grain to
0.06 ppm.
7. Mepiquat. Based on available data at an exaggerated feeding
level of 7X the Maximum Theoretical Dietary Burden (MTDB) which showed
mepiquat residues of concern in cattle meat, fat, and milk were below
the limit of detection (<0.05 ppm), EPA determined that there is no
reasonable expectation of finite mepiquat residues of concern in
livestock meat and fat. The tolerances
[[Page 40048]]
are no longer needed under 40 CFR 180.6(a)(3) and therefore should be
revoked. Consequently, EPA is proposing to revoke the tolerances for
mepiquat chloride in 40 CFR 180.384(a)(2) on cattle, fat; cattle, meat;
goat, fat; goat, meat; hog, fat; hog, meat; horse, fat; horse, meat;
sheep, fat; and sheep, meat.
In addition, EPA is proposing to combine the tolerance expressions
for mepiquat in 40 CFR 180.384(a)(1) and mepiquat chloride in 40 CFR
180.384(a)(2) by measuring only mepiquat in newly designated 40 CFR
180.384(a). Also, in order to describe more clearly the measurement of
residues for tolerances and coverage of metabolites and degradates of a
pesticide by the tolerances, EPA is proposing to revise the
introductory text in newly designated 40 CFR 180.384(a) to read as set
out in the proposed regulatory text at the end of this document.
8. Oxamyl. In the Federal Register of January 11, 2012 (77 FR 1684)
(FRL-9328-2), EPA announced its receipt of voluntary requests by
registrants to amend certain pesticide registrations, including
amendments to terminate the last oxamyl registrations for soybean use.
In the Federal Register of April 11, 2012 (77 FR 21767) (FRL-9342-2),
EPA published a cancellation order in follow-up to the January 11, 2012
notice and granted the requested amendments to terminate use of oxamyl
on soybeans. Because the soybean use has not been included on oxamyl
product labels since 2006, no existing stocks period is needed.
Therefore, EPA is proposing to revoke the tolerance for oxamyl in 40
CFR 180.303(a) on soybean, seed.
9. Propetamphos. In the Federal Register of August 18, 2010 (75 FR
51053) (FRL-8840-3), EPA announced its receipt of voluntary requests by
the registrant to cancel certain propetamphos registrations, which
would terminate the last propetamphos products registered for use in
the United States. In the Federal Register of December 30, 2010 (75 FR
82387) (FRL-8854-8), EPA published a cancellation order in follow-up to
the August 18, 2010 notice which granted the requested product
cancellations and prohibited the registrant from selling or
distributing its propetamphos technical product after March 30, 2012
and end-use product until stocks are exhausted as described. Persons
other than the registrant are allowed to sell, distribute, and use
existing stocks of the end-use product until supplies are exhausted.
EPA believes that existing stocks have been exhausted. Therefore, EPA
is proposing to revoke the sole tolerance for propetamphos in 40 CFR
180.541, on food and feed commodities, and remove that section in its
entirety.
10. Quizalofop ethyl. Because EPA no longer considers soybean
soapstock to be a significant livestock feed item, the tolerance for
quizalofop ethyl residues of concern is no longer needed and therefore
should be revoked. Consequently, EPA is proposing to revoke the
tolerance for quizalofop ethyl in 40 CFR 180.441(a)(1) on soybean,
soapstock.
11. Spinosad. The existing tolerance for spinosad on coriander
leaves was translated from the tolerance for vegetable, leafy, except
brassica, group 4 at 8.0 ppm. The 2009 Calendar Year Pesticide Data
Program (PDP) summary, available at https://www.ams.usda.gov/AMSv1.0/science, reported that spinosad residues were detected in two cilantro
samples out of 184 samples. Residues ranged from 0.016 to 0.030 ppm.
Because fresh coriander leaves are included in herb subgroup 19A, fresh
and residues on coriander leaves do not exceed the herb subgroup 19A,
fresh tolerance of 3.0 ppm, there is no longer any need for the
separate tolerance on coriander leaves at 8.0 and therefore it should
be revoked. Consequently, EPA is proposing to revoke the tolerance for
spinosad in 40 CFR 180.495(a) on coriander, leaves.
12. Spiroxamine. In the Federal Register of September 7, 2011 (76
FR 55385) (FRL-8887-1), EPA announced its receipt of voluntary requests
by registrants to cancel certain pesticide registrations, including the
last registrations for use of spiroxamine on hops. In the Federal
Register of May 23, 2012 (77 FR 30526) (FRL-9347-3), EPA published a
cancellation order in follow-up to the September 7, 2011 notice and
granted the requested product cancellations, including ones which
terminated use of spiroxamine on hops. The cancellation order allowed
registrants to sell and distribute existing stocks until May 23, 2013.
EPA believes that existing stocks (with hops use) will be exhausted 1
year after May 23, 2013; i.e., by May 23, 2014. Therefore, EPA is
proposing to revoke the tolerance for spiroxamine in 40 CFR 180.602(a)
on hop, dried cones.
13. Thiram. Currently, tolerances for thiram are established in 40
CFR 180.132(a) for residues of the fungicide thiram (tetramethyl
thiuram disulfide). Thiram is a member of the class of
dithiocarbamates, whose decomposition releases a common moiety, carbon
disulfide. In order to allow harmonization of U.S. tolerances with
Codex MRLs, the Agency determined that for the purpose of tolerance
enforcement, residues of thiram should be calculated as carbon
disulfide. Therefore, EPA is proposing to revise the introductory text
containing the tolerance expression in 40 CFR 180.132(a) to thiram
residues convertible to and expressed in terms of the degradate carbon
disulfide and also revise the tolerance expression in accordance with
current Agency practice to describe more clearly the measurement and
scope or coverage of the tolerances, to read as set out in the proposed
regulatory text at the end of this document. Based on the revising of
the tolerance expression to carbon disulfide, EPA determined that the
thiram tolerances for apple and strawberry should be decreased from 7.0
to 5 ppm and 20 to 13 ppm, respectively, and the tolerance for banana
should be increased from 0.80 to 2.0 ppm in order to harmonize with
Codex. Also, in order to harmonize with Codex, EPA is maintaining the
tolerance for peach at 7.0 ppm. (The Agency's determination is
available in the docket of this proposed rule). Therefore, EPA is
proposing in 40 CFR 180.132(a) to decrease the tolerances for apple to
5 ppm and strawberry to 13 ppm, and increase the tolerance for banana
to 2.0 ppm. The Agency determined that the increased tolerance is safe;
i.e., there is a reasonable certainty that no harm will result from
aggregate exposure to the pesticide chemical residue.
14. Triflumizole. Because EPA no longer considers dry apple pomace,
grape pomace, and grape raisin waste to be significant livestock feed
items, the associated tolerances for triflumizole residues of concern
are no longer needed and therefore should be revoked. Also, based on
apple processing data that showed triflumizole residues of concern do
not concentrate in wet apple pomace, the tolerance is no longer needed
and should be revoked. Consequently, EPA is proposing to revoke the
tolerances for triflumizole in 40 CFR 180.476(a)(1) on apple, dry
pomace; apple, wet pomace; grape, dried pomace; grape, raisin, waste;
and grape, wet pomace.
Also, because there are no longer any registered triflumizole uses
associated with feed items for poultry and swine, tolerances for
triflumizole residues of concern on swine and poultry are no longer
needed and therefore should be revoked. Consequently, EPA is proposing
to revoke the tolerances for triflumizole in 40 CFR 180.476(a)(2) on
hog, fat; hog, meat; hog, meat byproducts; poultry, fat; poultry, meat;
poultry, meat byproducts; and egg.
Based on available data at an exaggerated feeding level of 6X the
[[Page 40049]]
MTDB which showed triflumizole residues of concern to be below the
limit of quantitation (<0.05 ppm) and projected residues at 1X the MTDB
in cattle meat and milk to be well below the limit of quantitation
(<0.05 ppm), EPA determined that there is no reasonable expectation of
finite triflumizole residues of concern in livestock meat and milk.
These tolerances are no longer needed under 40 CFR 180.6(a)(3) and
therefore should be revoked. Consequently, EPA is proposing to revoke
the tolerances for triflumizole in 40 CFR 180.476(a)(2) on cattle,
meat; goat, meat; horse, meat; sheep, meat; and milk.
In addition, based on available data at an exaggerated feeding
level at 6X the MTDB which projected residues at 1X the MTDB in cattle
fat, kidney, and liver to be <0.05 ppm, <0.10 ppm, and <0.10 ppm,
respectively, EPA determined that the existing tolerances should be
decreased. Consequently, EPA is proposing to decrease the tolerances
for triflumizole in 40 CFR 180.476(a)(2) from 0.5 to 0.10 ppm on
cattle, fat; goat, fat; horse, fat; and sheep, fat; and from 0.5 to
0.20 ppm on cattle, meat byproducts; goat, meat byproducts; horse, meat
byproducts; and sheep, meat byproducts.
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,
authorizes the establishment of tolerances, exemptions from tolerance
requirements, modifications in tolerances, and revocation of tolerances
for residues of pesticide chemicals in or on raw agricultural
commodities and processed foods. Without a tolerance or exemption, food
containing pesticide residues is considered to be unsafe and therefore
``adulterated'' under FFDCA section 402(a), 21 U.S.C. 342(a). Such food
may not be distributed in interstate commerce, 21 U.S.C. 331(a). For a
food-use pesticide to be sold and distributed, the pesticide must not
only have appropriate tolerances under the FFDCA, but also must be
registered under FIFRA, 7 U.S.C. 136 et seq. Food-use pesticides not
registered in the United States must have tolerances in order for
commodities treated with those pesticides to be imported into the
United States.
EPA is proposing certain specific tolerance actions 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 is discussed
in detail in each RED for the active ingredient. REDs 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 are available as provided in
Unit II.A.
EPA has issued REDs for malathion and mancozeb. REDs 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 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 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 tolerances not needed to cover any imported food
may result in unnecessary restriction on trade of pesticides and foods.
Under FFDCA section 408, a tolerance may only be established or
maintained if EPA determines that the tolerance is safe based on a
number of factors, including an assessment of the aggregate exposure to
the pesticide and an assessment of the cumulative effects of such
pesticide and other substances that have a common mechanism of
toxicity. In doing so, EPA must consider potential contributions to
such exposure from all tolerances. If the cumulative risk is such that
the tolerances in aggregate are not safe, then every one of these
tolerances is potentially vulnerable to revocation. Furthermore, if
unneeded tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid potential trade
restrictions, the Agency is proposing to revoke tolerances for residues
on crops 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.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, consideration must be given to the possible
residues of those chemicals 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). When
considering this possibility, EPA can conclude that:
1. Finite residues will exist in meat, milk, poultry, and/or eggs.
2. There is a reasonable expectation that finite residues will
exist.
3. There is a reasonable expectation that finite residues will not
exist. If there is no reasonable expectation of finite pesticide
residues in or on meat,
[[Page 40050]]
milk, poultry, or eggs, tolerances do not need to be established for
these commodities (40 CFR 180.6(b) and (c)).
EPA has evaluated certain specific meat, milk, poultry, and egg
tolerances proposed for revocation in this document and has concluded
that there is no reasonable expectation of finite pesticide residues of
concern in or on those commodities.
C. When do these actions become effective?
EPA is proposing that the actions herein become effective 6 months
after the date of publication of the final rule in the Federal
Register. EPA is proposing this effective date for these actions to
allow a reasonable interval for producers in exporting members of the
World Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS)
Measures Agreement to adapt to the requirements of a final rule. EPA
believes that treated commodities will have sufficient time for passage
through the channels of trade. 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 the Food Quality Protection Act (FQPA). Under this unit,
any residues of these pesticides in or on such food shall not render
the food adulterated so long as it is shown to the satisfaction of the
Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.
III. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture 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 carfentrazone-ethyl,
mepiquat, propetamphos, quizalofop ethyl, spiroxamine, triflumizole,
ethephon in or on cucumber, oxamyl in or on soybean seed, spinosad in
or on coriander leaves, or total dithiocarbamates in or on barley bran,
barley flour, field corn grain, oat flour, oat grain, rye bran, rye
grain, wheat bran, wheat flour, and wheat, shorts.
The Codex has established MRLs for total dithiocarbamates
determined as carbon disulfide in or on various commodities, including
barley and wheat, each at 1 milligrams/kilogram (mg/kg). These MRLs are
the same as the tolerances proposed for mancozeb in the United States.
The Codex has established MRLs for total dithiocarbamates
determined as carbon disulfide in or on various commodities, including
papaya at 5 mg/kg. This MRL is covered by a proposed U.S. tolerance at
a higher level than the MRL. The MRL is different than the proposed
U.S. tolerance for mancozeb in the United States because of differences
in residue definition, use patterns, and/or good agricultural
practices.
The Codex has established MRLs for malathion in or on various
commodities, including onion, bulb at 1 milligrams/kilogram (mg/kg).
This MRL is the same as the tolerance proposed for malathion in the
United States.
The Codex has established MRLs for malathion in or on various
commodities, including asparagus at 1 mg/kg and peppers at 0.1 mg/kg.
These MRLs are covered by proposed U.S. tolerances at higher levels
than the MRLs. These MRLs are different than the tolerances established
for malathion in the United States because of differences in residue
definition, use patterns, and/or good agricultural practices.
The Codex has established MRLs for malathion in or on citrus fruits
at 7 mg/kg, grapes at 5 mg/kg, and turnip greens at 5 mg/kg. These MRLs
are different than the tolerances proposed for malathion in the United
States because of differences in residue definition, use patterns, and/
or good agricultural practices.
The Codex has established a MRL for amitraz in or on various
commodities, including cotton seed at 0.5 mg/kg. This MRL is covered by
the current U.S. tolerance at a higher level than the MRL, but would no
longer be covered due to the proposed revocation of the U.S. tolerance.
The Codex has established MRLs for total dithiocarbamates
determined as carbon disulfide in or on various commodities, including
banana at 2 mg/kg, peach at 7 mg/kg, and strawberry at 5 mg/kg. The
MRLs for banana and peach are the same as the U.S. tolerances proposed
for thiram in the United States. The MRL for strawberry is covered by a
proposed U.S. tolerance at a higher level than the MRL. The MRL for
strawberry is different than the tolerance proposed for thiram 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 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) (2 U.S.C. 1501 et seq.). 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
[[Page 40051]]
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) (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 FFDCA section
408(n)(4). For these same reasons, the Agency has determined that this
proposed rule does not have any ``tribal implications'' as described in
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Executive
Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' This proposed rule
will not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
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: June 24, 2014.
Jack Housenger,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR chapter I be 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. In Sec. 180.111, revise the table in paragraph (a)(1) and revise
paragraph (a)(2) to read as follows:
Sec. 180.111 Malathion; tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, hay.............................................. 135
Almond, hulls............................................. 50
Almond, postharvest....................................... 8
Apple..................................................... 8
Barley, grain, postharvest................................ 8
Bean, dry, seed........................................... 8
Bean, succulent........................................... 8
Beet, sugar, roots........................................ 1
Beet, sugar, tops......................................... 8
Blueberry................................................. 8
Cherry.................................................... 8
Chestnut.................................................. 1
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
Flax, seed................................................ 0.1
Guava..................................................... 8
Hazelnut.................................................. 1
Hop, dried cones.......................................... 1
Lentil, seed.............................................. 8
Lespedeza, hay............................................ 135
Oat, grain, postharvest................................... 8
Papaya.................................................... 1
Pea....................................................... 8
Pea, field, hay........................................... 8
Pea, field, vines......................................... 8
Peanut, hay............................................... 135
Peanut, postharvest....................................... 8
Plum...................................................... 8
Plum, prune............................................... 8
Quince.................................................... 8
Rice, grain, postharvest.................................. 8
Rice, wild................................................ 8
Rye, grain, postharvest................................... 8
Safflower, seed........................................... 0.2
Sorghum, grain, forage.................................... 8
Sorghum, grain, grain, postharvest........................ 8
Soybean, forage........................................... 135
Soybean, hay.............................................. 135
Soybean, seed............................................. 8
Soybean, vegetable, succulent............................. 8
Strawberry................................................ 8
Sunflower, seed, postharvest.............................. 8
Tomato.................................................... 8
Trefoil, hay.............................................. 135
Vegetable, brassica, leafy, group 5....................... 8
[[Page 40052]]
Vegetable, leafy, except brassica, group 4................ 8
Vetch, hay................................................ 135
Wheat, grain, postharvest................................. 8
------------------------------------------------------------------------
(2) Tolerances are established for residues of the insecticide
malathion, 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 malathion (O,O-dimethyl dithiophosphate of
diethyl mercaptosuccinate), and its metabolite malaoxon (O,O-dimethyl
thiophosphate of diethyl mercaptosuccinate), in or on the commodity.
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage........................................... 125
Apricot................................................... 1.0
Asparagus................................................. 2.0
Avocado................................................... 0.2
Barley, straw............................................. 50
Beet, garden, roots....................................... 0.5
Beet, garden, tops........................................ 4.0
Blackberry................................................ 6
Boysenberry............................................... 6
Carrot, roots............................................. 1
Chayote, fruit............................................ 0.2
Chayote, roots............................................ 0.1
Clover, forage............................................ 125
Clover, hay............................................... 125
Corn, field, stover....................................... 30.0
Cotton, undelinted seed................................... 20.0
Dewberry.................................................. 6
Eggplant.................................................. 2.0
Fig....................................................... 1.0
Garlic, bulb.............................................. 1.0
Gooseberry................................................ 6
Grape..................................................... 4.0
Grapefruit................................................ 4.0
Grass, forage............................................. 200
Grass, hay................................................ 270
Horseradish............................................... 0.5
Kumquat................................................... 4.0
Leek...................................................... 6.0
Lemon..................................................... 4.0
Lime...................................................... 4.0
Loganberry................................................ 6
Lupin, seed............................................... 2.0
Mango..................................................... 0.2
Melon..................................................... 1.0
Mushroom.................................................. 0.2
Nectarine................................................. 1.0
Nut, macadamia............................................ 0.2
Oat, forage............................................... 4.0
Oat, straw................................................ 50
Okra...................................................... 3.0
Onion, bulb............................................... 1.0
Onion, green.............................................. 6.0
Orange.................................................... 4.0
Parsnip................................................... 0.5
Passionfruit.............................................. 0.2
Peach..................................................... 6.0
Pear...................................................... 3.0
Pecan..................................................... 0.2
Pepper.................................................... 0.5
Peppermint, tops.......................................... 2.0
Pineapple................................................. 0.2
Potato.................................................... 0.1
Pumpkin................................................... 1.0
Radish.................................................... 0.5
Raspberry................................................. 6
Rutabaga.................................................. 0.5
Rye, forage............................................... 4.0
Rye, straw................................................ 50
Salsify, roots............................................ 0.5
Salsify, tops............................................. 4.0
Shallot, bulb............................................. 6.0
Spearmint, tops........................................... 2.0
Squash, summer............................................ 0.2
Squash, winter............................................ 1.0
Sweet potato, roots....................................... 0.1
Tangerine................................................. 4.0
Trefoil, forage........................................... 125
Turnip, greens............................................ 4.0
Turnip, roots............................................. 0.5
Walnut.................................................... 0.2
Watercress................................................ 0.2
Wheat, forage............................................. 4.0
Wheat, straw.............................................. 50
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 180.132, revise paragraph (a) to read as follows:
Sec. 180.132 Thiram; tolerances for residues.
(a) General. Tolerances are established for residues of the
fungicide thiram, tetramethyl thiuram disulfide, including its
metabolites and degradates, in or on the commodities in the table in
this paragraph. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only those thiram residues
convertible to and expressed in terms of the degradate carbon
disulfide, in or on the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Apple......................................... 5 None
Banana \1\.................................... 2.0 3/31/15
Peach......................................... 7.0 None
Strawberry.................................... 13 None
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 23, 2009.
* * * * *
Sec. 180.142 [Amended]
0
4. In Sec. 180.142, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.169 [Amended]
0
5. In Sec. 180.169, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
0
6. In Sec. 180.176, revise the table in paragraph (a) to read as
follows:
Sec. 180.176 Mancozeb; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond.................................................... 0.1
Almond, hulls............................................. 4
Apple..................................................... 0.6
Asparagus................................................. 0.1
Atemoya................................................... 3.0
Banana.................................................... 2
Barley, bran.............................................. 2
Barley, flour............................................. 1.2
Barley, grain............................................. 1
Barley, hay............................................... 30
Barley, pearled barley.................................... 20
Barley, straw............................................. 25
Beet, sugar, dried pulp................................... 3.0
Beet, sugar, roots........................................ 1.2
Beet, sugar, tops......................................... 60
Broccoli.................................................. 7
Cabbage................................................... 9
Canistel.................................................. 15.0
Cattle, kidney............................................ 0.5
Cattle, liver............................................. 0.5
Cherimoya................................................. 3.0
Corn, field, forage....................................... 40
Corn, field, grain........................................ 0.06
Corn, field, stover....................................... 15
Corn, pop, grain.......................................... 0.1
Corn, pop, stover......................................... 40
Corn, sweet, forage....................................... 70
Corn, sweet, kernel plus cob with husks removed........... 0.1
Corn, sweet, stover....................................... 40
Cotton, undelinted seed................................... 0.5
Crabapple................................................. 0.6
Cranberry................................................. 5
Custard apple............................................. 3.0
Fennel.................................................... 2.5
Flax, seed................................................ 0.15
Ginseng................................................... 1.2
Goat, kidney.............................................. 0.5
Goat, liver............................................... 0.5
Grape..................................................... 1.5
Hog, kidney............................................... 0.5
Hog, liver................................................ 0.5
Horse, kidney............................................. 0.5
Horse, liver.............................................. 0.5
Lettuce, head............................................. 3.5
Lettuce, leaf............................................. 18
Mango..................................................... 15.0
Oat, flour................................................ 1.2
Oat, grain................................................ 1
Oat, groats/rolled oats................................... 20
Oat, hay.................................................. 30
Oat, straw................................................ 25
Onion, bulb............................................... 1.5
Papaya.................................................... 9
Peanut.................................................... 0.1
Peanut, hay............................................... 65
Pear...................................................... 0.6
Pepper.................................................... 12
Potato.................................................... 0.2
Poultry, kidney........................................... 0.5
Poultry, liver............................................ 0.5
Quince.................................................... 0.6
Rice, grain............................................... 0.06
Rye, bran................................................. 2
Rye, flour................................................ 1.2
Rye, grain................................................ 1
Rye, straw................................................ 25
Sapodilla................................................. 15.0
Sapote, mamey............................................. 15.0
Sapote, white............................................. 15.0
Sheep, kidney............................................. 0.5
Sheep, liver.............................................. 0.5
Sorghum, grain, forage.................................... 0.15
[[Page 40053]]
Sorghum, grain, grain..................................... 0.25
Sorghum, grain, stover.................................... 0.15
Star apple................................................ 15.0
Sugar apple............................................... 3.0
Tangerine \1\............................................. 10
Tomato.................................................... 2.5
Vegetable, cucurbit, group 9.............................. 2.0
Walnut.................................................... 0.70
Wheat, bran............................................... 2
Wheat, flour.............................................. 1.2
Wheat, germ............................................... 20
Wheat, grain.............................................. 1
Wheat, hay................................................ 30
Wheat, middlings.......................................... 20
Wheat, shorts............................................. 2
Wheat, straw.............................................. 25
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use of mancozeb on tangerine.
* * * * *
Sec. 180.205 [Amended]
0
7. In Sec. 180.205, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.274 [Amended]
0
8. In Sec. 180.274, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.287 [Amended]
0
9. In Sec. 180.287, remove the entry for ``Cotton, undelinted seed
\1\'' and the footnote from the table in paragraph (a).
Sec. 180.288 [Amended]
0
10. In Sec. 180.288, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.293 [Amended]
0
11. In Sec. 180.293, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
Sec. 180.300 [Amended]
0
12. In Sec. 180.300, remove the entry for ``Cucumber'' from the table
in paragraph (a).
Sec. 180.301 [Amended]
0
13. In Sec. 180.301, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.303 [Amended]
0
14. In Sec. 180.303, remove the entry for ``Soybean, seed'' from the
table in paragraph (a).
Sec. 180.355 [Amended]
0
15. In Sec. 180.355, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
Sec. 180.361 [Amended]
0
16. In Sec. 180.361, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.377 [Amended]
0
17. In Sec. 180.377, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).
Sec. 180.383 [Amended]
0
18. In Sec. 180.383, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
0
19. In Sec. 180.384, revise paragraph (a) to read as follows:
Sec. 180.384 Mepiquat (N,N-dimethylpiperidinium); tolerances for
residues.
(a) General. Tolerances are established for residues of the plant
growth regulator mepiquat, 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 mepiquat, N,N-dimethylpiperidinium, in or on the
commodity.
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, meat byproducts.................................... 0.1
Cotton, gin byproducts..................................... 6.0
Cotton, undelinted seed.................................... 2.0
Goat, meat byproducts...................................... 0.1
Grape...................................................... 1.0
Grape, raisin.............................................. 5.0
Hog, meat byproducts....................................... 0.1
Horse, meat byproducts..................................... 0.1
Sheep, meat byproducts..................................... 0.1
------------------------------------------------------------------------
* * * * *
Sec. 180.399 [Amended]
0
20. In Sec. 180.399, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
Sec. 180.401 [Amended]
0
21. In Sec. 180.401, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.417 [Amended]
0
22. In Sec. 180.417, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
Sec. 180.418 [Amended]
0
23. In Sec. 180.418, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).
Sec. 180.425 [Amended]
0
24. In Sec. 180.425, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.434 [Amended]
0
25. In Sec. 180.434, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.438 [Amended]
0
26. In Sec. 180.438, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1) and from the table in paragraph (a)(2).
Sec. 180.439 [Amended]
0
27. In Sec. 180.439, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.441 [Amended]
0
28. In Sec. 180.441, remove the entry for ``Soybean, soapstock'' from
the table in paragraph (a)(1).
Sec. 180.445 [Amended]
0
29. In Sec. 180.445, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.447 [Amended]
0
30. In Sec. 180.447, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).
Sec. 180.451 [Amended]
0
31. In Sec. 180.451, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.463 [Amended]
0
32. In Sec. 180.463, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
Sec. 180.473 [Amended]
0
33. In Sec. 180.473, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
0
34. In Sec. 180.476, revise the table in paragraph (a)(1) and revise
the table in paragraph (a)(2) to read as follows:
Sec. 180.476 Triflumizole; tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Berry, low growing, subgroup 13-07G, except cranberry..... 2.0
Brassica, head and stem, subgroup 5A...................... 8.0
Brassica, leafy greens, subgroup 5B....................... 40
Canistel.................................................. 2.5
Cherry, sweet............................................. 1.5
Cherry, tart.............................................. 1.5
Cilantro, leaves.......................................... 35
Fruit, pome, group 11-10.................................. 0.50
Fruit, small, vine climbing, except fuzzy kiwifruit, 2.5
subgroup 13-07F..........................................
Hazelnut.................................................. 0.05
Hop, dried cones.......................................... 50
Leafy greens subgroup 4A, except spinach.................. 35
Mango..................................................... 2.5
Papaya.................................................... 2.5
Pineapple................................................. 4.0
[[Page 40054]]
Sapodilla................................................. 2.5
Sapote, black............................................. 2.5
Sapote, mamey............................................. 2.5
Star apple................................................ 2.5
Swiss chard............................................... 18
Tomato.................................................... 1.5
Turnip, greens............................................ 40
Vegetable, cucurbit, group 9.............................. 0.5
------------------------------------------------------------------------
(2) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat............................................... 0.10
Cattle, meat byproducts................................... 0.20
Goat, fat................................................. 0.10
Goat, meat byproducts..................................... 0.20
Horse, fat................................................ 0.10
Horse, meat byproducts.................................... 0.20
Sheep, fat................................................ 0.10
Sheep, meat byproducts.................................... 0.20
------------------------------------------------------------------------
* * * * *
Sec. 180.479 [Amended]
0
35. In Sec. 180.479, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).
Sec. 180.484 [Amended]
0
36. In Sec. 180.484, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.495 [Amended]
0
37. In Sec. 180.495, remove the entry for ``Coriander, leaves'' from
the table in paragraph (a).
Sec. 180.507 [Amended]
0
38. In Sec. 180.507, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).
Sec. 180.515 [Amended]
0
39. In Sec. 180.515, remove the entries for ``Caneberry subgroup
13A,'' ``Cotton, hulls,'' ``Cotton, meal,'' ``Cotton, refined oil'' and
``Rice, straw'' from the table in paragraph (a).
Sec. 180.517 [Amended]
0
40. In Sec. 180.517, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.541 [Removed]
0
41. Remove Sec. 180.541.
Sec. 180.555 [Amended]
0
42. In Sec. 180.555, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.570 [Amended]
0
43. In Sec. 180.570, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).
Sec. 180.577 [Amended]
0
44. In Sec. 180.577, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.602 [Amended]
0
45. In Sec. 180.602, remove the entry for ``Hop, dried cones'' from
the table in paragraph (a).
Sec. 180.605 [Amended]
0
46. In Sec. 180.605, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
Sec. 180.625 [Amended]
0
47. In Sec. 180.625, remove the entry for ``Rice, straw'' from the
table in paragraph (a).
[FR Doc. 2014-16063 Filed 7-10-14; 8:45 am]
BILLING CODE 6560-50-P