Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-methyl, Etridiazole, Fenarimol, et al.; Proposed Tolerance and Tolerance Exemption Actions, 43373-43382 [2015-17628]
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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320(c), the table is
amended by revising the entry for 10–
5.220 to read as follows:
Dated: June 29, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
■
For the reasons stated in the
preamble, EPA proposes to amend 40
CFR part 52 as set forth below:
§ 52.1320
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EPA-APPROVED MISSOURI REGULATIONS
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Title
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Explanation
Missouri Department of Natural Resources
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Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10–5.220 ......................................
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Control of Petroleum Liquid Storage, Loading and Transfer.
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[FR Doc. 2015–17853 Filed 7–21–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0212; FRL–9929–12]
RIN 2070–ZA16
Aldicarb, Alternaria destruens,
Ampelomyces quisqualis, Azinphosmethyl, Etridiazole, Fenarimol, et al.;
Proposed Tolerance and Tolerance
Exemption Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing, in followup to canceled product registrations or
uses, to revoke certain tolerances for
acephate, aldicarb, azinphos-methyl,
etridiazole, fenarimol, imazamethabenzmethyl, tepraloxydim, thiacloprid,
thiazopyr, and tralkoxydim, and
tolerance exemptions for certain
pesticide active ingredients. Also, EPA
is proposing to make minor revisions to
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SUMMARY:
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07/22/15 [Insert Federal
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the section heading and introductory
text for Pythium oligandrum DV 74. In
addition, in accordance with current
Agency practice, EPA is proposing to
make minor revisions to the tolerance
expression for imazamethabenz-methyl,
and remove expired tolerances and
tolerance exemptions for certain
pesticide active ingredients.
DATES: Comments must be received on
or before September 21, 2015.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0212, 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.
PO 00000
*
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
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).
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final rule cannot be raised again in any
subsequent proceedings.
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 preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
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• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
A. What action is the agency taking?
EPA is proposing, in follow-up to
canceled product registrations or uses,
to revoke certain tolerances for the
fungicides etridiazole and fenarimol; the
herbicides imazamethabenz-methyl,
tepraloxydim, thiazopyr, and
tralkoxydim; the insecticides acephate,
aldicarb, azinphos-methyl, and
thiacloprid, in or on commodities listed
in the regulatory text; and revoke certain
tolerance exemptions for various
microbial or biochemical pesticides.
Also, EPA is proposing to make minor
revisions to the section heading and
introductory text for Pythium
oligandrum DV 74. In addition, in
accordance with current Agency
practice, EPA is proposing to make
minor revisions to the tolerance
expression for imazamethabenz-methyl,
and remove expired tolerances and
tolerance exemptions for various
pesticide active ingredients.
In addition, EPA is proposing to
revoke certain specific tolerances
because either they are no longer
needed or are associated with food uses
that are no longer registered under
FIFRA. Those instances where
registrations were canceled were
because the registrant failed to pay the
required maintenance fee and/or the
registrant voluntarily requested
cancellation of one or more registered
uses of the pesticide. It is EPA’s general
practice to propose revocation of those
tolerances for residues of pesticide
active ingredients on crop uses for
which there are no active registrations
under FIFRA, unless any person in
comments on the proposal indicates a
need for the tolerance to cover residues
in or on imported commodities or
legally treated domestic commodities.
1. Acephate. In the Federal Register
notice of July 13, 2011 (76 FR 41250)
(FRL–8879–7), EPA announced its
receipt of voluntary requests by
registrants to amend certain
registrations, including amendments
that would terminate the use of
acephate on succulent beans as a food
use on technical registrations for
acephate. In the Federal Register notice
of September 14, 2011 (76 FR 56753)
(FRL–8888–2), EPA granted the
requested amendments to terminate
certain uses, including use of acephate
on succulent beans as a food use. In late
2012 and early 2013, EPA issued letters
to registrants with end-use registrations
for acephate use on succulent beans to
explain that all end-use products
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
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II. Background
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needed amendment to prohibit such use
as a food. Since then, all but three of
those acephate product labels with a
food use on succulent beans have been
voluntarily amended with restrictions
that prohibit use on succulent beans as
a food. One of the remaining acephate
products with use on succulent beans as
a food is now canceled. In the Federal
Register notice of March 12, 2015 (80
FR 12996) (FRL–9923–27), EPA
announced its receipt of voluntary
requests by registrants to cancel certain
product registrations, including certain
acephate products, one of which is
registered for use on succulent beans as
a food. In the Federal Register notice of
June 3, 2015 (80 FR 31596) (FRL–9926–
88), EPA published a cancellation order
in follow-up to the March 12, 2015
notice and granted the requested
product cancellations for acephate.
Because the registrant ended the
manufacture and distribution of these
canceled acephate products about 6 to 7
years ago, EPA believes that existing
stocks for these canceled acephate
products are now exhausted. Two of the
remaining acephate products with food
uses for succulent beans have labels that
are in process to be amended, to
prohibit such use as a food, and await
approval by the Agency. One product’s
label has been re-submitted for Agency
review, while another product’s label,
recently in review, needs to be sent back
to the registrant for re-submission to the
Agency. EPA expects that both acephate
labels could be submitted and their
amendments approved by the Agency
before a final rule is published in the
Federal Register in follow-up to this
proposed rule. Upon completion of the
amendments for the two acephate
products in process, there would no
longer be any active food uses for
acephate on succulent beans and
therefore no longer any need for the
acephate tolerances on succulent beans.
Therefore, EPA is proposing to revoke
the tolerances for acephate in 40 CFR
180.108(a)(1) and (a)(3) on bean,
succulent.
2. Aldicarb. In the Federal Register
notice of October 8, 2008 (73 FR 58958)
(FRL–8385–2), EPA announced its
receipt of voluntary requests by
registrants to cancel and amend certain
product registrations, including deletion
of the sorghum use for aldicarb from
two registrations. In the Federal
Register notice of May 20, 2009 (74 FR
23690) (FRL–8412–8), EPA published a
cancellation order and granted the
requested amendments to terminate
certain uses in follow-up to the October
8, 2008 notice, including deletion of the
sorghum uses for aldicarb from two
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registrations. EPA permitted persons
other than the registrant to sell,
distribute, or use the existing stocks
until supplies are exhausted. Also, in
the Federal Register notice of December
10, 2008 (73 FR 75105) (FRL–8393–7),
EPA announced its receipt of voluntary
requests by registrants to cancel certain
product registrations, including the last
aldicarb registration with sorghum use
in the United States. In a letter to the
registrant dated June 8, 2009, EPA
cancelled the last aldicarb registration
with sorghum use and permitted
persons other than the registrant to sell,
distribute, or use the existing stocks
until supplies are exhausted. EPA
believes that existing stocks regarding
these three aldicarb registrations
described herein are now exhausted.
Therefore, EPA is proposing to revoke
the tolerances for aldicarb in 40 CFR
180.269(a) on sorghum, grain, bran;
sorghum, grain, grain; and sorghum,
grain, stover.
3. Alternaria destruens strain 059. In
the Federal Register of July 24, 2009 (74
FR 36699) (FRL–8427–4), EPA
published a list of cancellation orders
issued for non-payment of the annual
maintenance fee to keep pesticide
registrations in effect. That list included
cancellation orders for the last active
registrations for Alternaria destruens
strain 059. There have been no active
registrations for over 5 years, and
therefore the tolerance exemption for
Alternaria destruens strain 059 is no
longer needed and should be revoked.
Consequently, EPA is proposing to
revoke the tolerance exemption when
used in or on all raw agricultural
commodities for Alternaria destruens
strain 059 in 40 CFR 180.1256.
4. Azinphos-methyl (AZM). In the
Federal Register notice of August 8,
2007 (72 FR 44511) (FRL–8134–7), EPA
announced its receipt of voluntary
requests by registrants to cancel all
remaining AZM products registered for
use in the United States by September
30, 2012. In the Federal Register notice
of February 20, 2008 (73 FR 9328) (FRL–
8349–8), as corrected on March 26, 2008
(73 FR 16006) (FRL–8355–1), EPA
published a cancellation order in
follow-up to the August 8, 2007 notice,
and granted the requested product
cancellations for AZM. Among the AZM
cancellations, EPA permitted
distribution, sale, and use of existing
stocks of the last AZM products (use on
apples, blueberries, cherries, parsley,
and pears) until September 30, 2012. On
November 28, 2012 (77 FR 70998) (FRL–
9363–9), EPA modified the cancellation
order of February 20, 2008 to permit use
of existing stocks of the last AZM
products (use on apples, blueberries,
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cherries, parsley, and pears) until
September 30, 2013. Because existing
stocks may no longer be used, the
tolerances are no longer needed and
should be revoked. Consequently, EPA
is proposing to revoke the tolerances for
AZM in 40 CFR 180.154(a) on almond;
almond, hulls; apple; blackberry;
blueberry; boysenberry; Brussels
sprouts; cherry; crabapple; loganberry;
parsley, leaves; parsley, turnip rooted,
roots; peach; pear; pistachio; plum,
prune; quince; raspberry; and walnut.
Also, EPA proposes to remove the AZM
tolerance in 40 CFR 180.154(a) on
cranberry which expired on December
31, 2012.
5. Butylate. Because the tolerances in
40 CFR 180.232 for residues of butylate
all expired on March 23, 2013, EPA
proposes to remove that section in its
entirety.
6. Cacodylic acid. Because the sole
tolerance in 40 CFR 180.311 for
cacodylic acid residues of concern
expired on January 1, 2012, EPA
proposes to remove that section in its
entirety.
7. Chloroneb. Because the tolerances
in 40 CFR 180.257 for chloroneb
residues of concern all expired on April
16, 2012, EPA proposes to remove that
section in its entirety.
8. Clofencet. Because the tolerances in
40 CFR 180.497 for residues of clofencet
all expired on July 14, 2012, EPA
proposes to remove that section in its
entirety.
9. Delta endotoxin of Bacillus
thuringiensis variety San Diego
encapsulated into killed Pseudomonas
fluorescens. In the Federal Register of
November 6, 2003 (68 FR 62785) (FRL–
7331–3), EPA published a list of
cancellation orders issued for nonpayment of the annual maintenance fee
to keep pesticide registrations in effect.
That list included cancellation orders
for the last active registration for the
delta endotoxin of Bacillus thuringiensis
variety San Diego. There have been no
active registrations for over eleven
years, and therefore the tolerance
exemption for them is no longer needed
and should be revoked. Consequently,
EPA is proposing to revoke the tolerance
exemption in or on all raw agricultural
commodities for the delta endotoxin of
Bacillus thuringiensis variety San Diego
in 40 CFR 180.1108.
10. 2,2-Dimethyl-1,3-benzodioxol-4-ol
methylcarbamate. Because the two
tolerances in 40 CFR 180.530 for
residues of 2,2-dimethyl-1,3benzodioxol-4-ol methylcarbamate
expired on April 26, 2005, EPA
proposes to remove that section in its
entirety.
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11. Etridiazole (5-ethoxy-3(trichloromethyl)-1,2,4-thiadiazole). In
the Federal Register notice of November
20, 2013 (78 FR 69666) (FRL–9902–40),
EPA announced its receipt of voluntary
requests by registrants to cancel certain
product registrations, including the last
etridiazole product registered for use on
specific food commodities (barley, bean,
corn, pea, peanut, safflower, sorghum,
soybean, and wheat) in the United
States. In the Federal Register notice of
March 13, 2014 (79 FR 14247) (FRL–
9905–37), EPA published a cancellation
order in follow-up to the November 20,
2013 notice and granted the requested
product cancellations for etridiazole.
EPA permitted the registrant to sell and
distribute existing stocks of those
etridiazole products until March 13,
2015 and persons other than the
registrant to sell, distribute, or use the
existing stocks until supplies are
exhausted. EPA believes that existing
stocks are likely to be exhausted by
March 13, 2016. However, as explained
in Unit II.C., EPA is proposing that the
actions herein become effective 6
months after the date of publication of
the final rule in the Federal Register.
Consequently, EPA expects that the
effective date of the final rule will occur
after existing stocks are exhausted; i.e.,
after March 13, 2016. Therefore, EPA is
proposing to revoke the tolerances for
etridiazole (5-ethoxy-3(trichloromethyl)-1,2,4-thiadiazole) in
40 CFR 180.370(a) on barley, grain;
barley, hay; corn, field, forage; corn,
field, grain; corn, field, stover; corn,
sweet, forage; corn, sweet, stover;
peanut; peanut, hay; safflower, seed;
sorghum, grain, forage; sorghum, grain,
grain; vegetable, foliage of legume,
group 7; vegetable, legume, group 6;
wheat, forage; wheat, grain; and wheat,
straw.
12. Eucalyptus oil. Because timelimited tolerance exemptions in 40 CFR
180.1241 for the use of the pesticide
Eucalyptus oil on honey and
honeycomb expired on June 30, 2007,
EPA is proposing to remove them from
40 CFR 180.1241, and remove that
section in its entirety.
13. Fenarimol. In the Federal Register
notice of February 22, 2012 (77 FR
10516) (FRL–9336–4), EPA announced
its receipt of voluntary requests by
registrants to cancel certain product
registrations, including the last
fenarimol products registered for use on
specific food commodities (apple,
cherry, grape, hazelnut, hops, pear, and
pecan) in the United States. In the
Federal Register notice of May 2, 2012
(77 FR 26004) (FRL–9347–4), EPA
published a cancellation order in
follow-up to the February 22, 2012
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notice and granted the requested
product cancellations for fenarimol.
EPA permitted the registrant to sell and
distribute existing stocks of those
fenarimol products until July 31, 2013
and persons other than the registrant to
sell and distribute existing stocks
through July 31, 2015, and use the
existing stocks until supplies are
exhausted. EPA believes that existing
stocks are likely to be exhausted by July
31, 2016. Therefore, EPA is proposing to
revoke the tolerances for fenarimol in 40
CFR 180.421(a) on apple; apple, wet
pomace; cattle, fat; cattle, kidney; cattle,
meat; cattle, meat byproducts, except
kidney; cherry, sweet; cherry, tart; goat,
fat; goat, kidney; goat, meat; goat, meat
byproducts, except kidney; grape;
hazelnut; hop, dried cones; horse, fat;
horse, kidney; horse, meat; horse, meat
byproducts, except kidney; pear; pecan;
sheep, fat; sheep, kidney; sheep, meat;
and sheep, meat byproducts, except
kidney; each with an expiration/
revocation date of July 31, 2016.
Also, EPA is proposing to re-instate a
footnote for the import tolerance on
banana in 40 CFR 180.421(a), which was
inadvertently removed on September
15, 2006 (71 FR 54423) (FRL–8077–9),
as shown in the regulatory text at the
end of this document.
14. Flusilazole. Because the tolerances
in 40 CFR 180.630 for residues of
flusilazole all expired on December 31,
2010, EPA proposes to remove that
section in its entirety.
15. Gentamicin. Because the sole
tolerance in 40 CFR 180.642 for residues
of gentamicin expired on December 31,
2010, EPA proposes to remove that
section in its entirety.
16. Imazamethabenz-methyl (2-(4isopropyl-4-methyl-5-oxo-2-imidazolin2-yl)-p-toluate and methyl 6-(4isopropyl-4-methyl-5-oxo-2-imidazolin2-yl)-m-toluate). In the Federal Register
notice of May 20, 2014 (79 FR 28920)
(FRL–9909–40), EPA announced its
receipt of voluntary requests by
registrants to cancel certain product
registrations, including the last
imazamethabenz-methyl products
registered for use in or on food in the
United States. In the Federal Register
notice of August 6, 2014 (79 FR 45798)
(FRL–9914–09), EPA published
cancellation orders in follow-up to the
May 20, 2014 notice, and granted the
requested product cancellations for
imazamethabenz-methyl. EPA permitted
the registrant to sell and distribute
existing stocks of one of the last
imazamethabenz-methyl products for
use in or on food until August 6, 2015
and the other until December 31, 2015
(per the registrant’s request). Persons
other than the registrant were permitted
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to sell, distribute, or use existing stocks
until supplies are exhausted. EPA
believes that existing stocks are likely to
be exhausted by December 31, 2016.
Therefore, EPA is proposing to revoke
the tolerances for imazamethabenzmethyl in 40 CFR 180.437 on barley,
grain; barley, straw; sunflower, seed;
wheat, grain; and wheat, straw; each
with an expiration/revocation date of
December 31, 2016, revise the section
heading to imazamethabenz-methyl, and
designate the existing introductory text
as paragraph (a). In addition, in order to
describe more clearly the measurement
and scope or coverage of the tolerances,
EPA is proposing to revise the text in
newly designated paragraph (a) to read
as set out in the proposed regulatory
text at the end of this document. The
revision would not substantively change
the tolerance or, in any way, modify the
permissible level of residues permitted
by the tolerance.
Also, in accordance with current
Agency practice, EPA is proposing to
revise 40 CFR 180.437 by adding
separate paragraphs (b), (c), and (d), and
reserving those sections for tolerances
with section 18 emergency exemptions,
regional registrations, and indirect or
inadvertent residues, respectively.
17. Kaolin. Because the time-limited
tolerance exemption in 40 CFR
180.1180(a) for the use of the pesticide
kaolin on crops (apples, apricots,
bananas, beans, cane berries, citrus
fruits, corn, cotton, cranberries,
cucurbits, grapes, melons, nuts,
ornamentals, peaches, peanuts, pears,
peppers, plums, potatoes, seed crops,
small grains, soybeans, strawberries,
sugar beets, and tomatoes) expired on
December 31, 1999, EPA proposes to
remove that paragraph and proposes to
revise 40 CFR 180.1180(b) to 40 CFR
180.1180.
18. Lagenidium giganteum. In the
Federal Register of September 28, 2011
(76 FR 60025) (FRL–8889–7), EPA
published a notice which granted
registrant-requested cancellations. That
list included cancellation orders for the
last active registrations for Lagenidium
giganteum. The registrant was permitted
to sell and distribute existing pesticide
stocks until September 28, 2012.
Persons other than the registrant were
permitted to sell, distribute, and use
existing stocks until exhaustion. EPA
believes that existing stocks are
exhausted; i.e., more than 2 years after
the registrant was no longer permitted to
sell and distribute them, and therefore
the tolerance exemptions for them are
no longer needed and should be
revoked. Consequently, EPA is
proposing to revoke the tolerance
exemptions for residues in or on
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aspirated grain fractions; grass, forage;
grass, hay; rice, grain; rice, straw;
soybean, seed; soybean, forage; soybean,
hay; and rice, wild, grain for
Lagenidium giganteum in 40 CFR
180.1113.
19. Methamidophos. Because the
tolerances in 40 CFR 180.315 for
residues of methamidophos all expired,
some on December 31, 2012 and others
on December 31, 2013, EPA proposes to
remove that section in its entirety.
20. Methyl parathion. Because the
tolerances in 40 CFR 180.121 for
residues of methyl parathion all expired
on December 31, 2013, EPA proposes to
remove that section in its entirety.
21. Multiple active ingredients. In the
Federal Register of October 27, 2004 (69
FR 62666) (FRL–7683–7), EPA
published a list of cancellation orders
issued for non-payment of the annual
maintenance fee to keep pesticide
registrations in effect. That list included
cancellation orders for the last active
registrations for the following pesticide
active ingredients: Delta endotoxin of
Bacillus thuringiensis variety kurstaki
encapsulated into killed Pseudomonas
fluorescens, Ampelomyces quisqualis
isolate M10, Candida oleophila isolate
I-182, and CryIA(c) and CryIC derived
delta-endotoxins of Bacillus
thuringiensis var. kurstaki encapsulated
in killed Pseudomonas fluorescens, and
the expression plasmid and cloning
vector genetic constructs. They have
had no active registrations for over ten
years, and therefore the tolerance
exemptions for them are no longer
needed and should be revoked.
Consequently, EPA is proposing to
revoke the tolerance exemptions for the
following: Delta endotoxin of Bacillus
thuringiensis variety kurstaki in 40 CFR
180.1107, Ampelomyces quisqualis
isolate M10 in 40 CFR 180.1131,
Candida oleophila isolate I-182 in 40
CFR 180.1144, and CryIA(c) and CryIC
derived delta-endotoxins of Bacillus
thuringiensis var. kurstaki encapsulated
in killed Pseudomonas fluorescens, and
the expression plasmid and cloning
vector genetic constructs in 40 CFR
180.1154.
22. Phosalone. Because the tolerances
in 40 CFR 180.263 for residues of
phosalone all expired on September 30,
2013, EPA proposes to remove that
section in its entirety.
23. Pseudomonas fluorescens strain
PRA-25. Because the temporary
tolerance exemption in 40 CFR 180.1200
for the use of the pesticide
Pseudomonas fluorescens strain PRA-25
on peas, snap beans, and sweet corn
expired on July 31, 2001, EPA proposes
to remove that section in its entirety.
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24. Pseudozyma flocculosa strain PFA22 UL. In the Federal Register of July
27, 2011 (76 FR 44907) (FRL–8879–8),
EPA published a list of cancellation
orders issued for non-payment of the
annual maintenance fee to keep
pesticide registrations in effect. That list
included cancellation orders for the last
active registrations for Pseudozyma
flocculosa strain PF-A22 UL. There have
been no active registrations for over 3
years, and therefore the tolerance
exemption for them is no longer needed
and should be revoked. Consequently,
EPA is proposing to revoke the tolerance
exemption when used in or on all food
commodities for Pseudozyma flocculosa
strain PF-A22 UL in 40 CFR 180.1221.
25. Pythium oligandrum DV 74. EPA
is proposing in 40 CFR 180.1275 to
revise the section heading from
‘‘Pythium’’ to ‘‘Pythium oligandrum DV
74’’ and make minor grammatical, nonsubstantive revisions to the introductory
text to read as set out in the proposed
regulatory text at the end of this
document.
26. Tepraloxydim. In the Federal
Register notice of May 20, 2014 (79 FR
28920) (FRL–9909–40), EPA announced
its receipt of voluntary requests by
registrants to cancel certain product
registrations, including the last
tepraloxydim products registered for use
in the United States. In the Federal
Register notice of August 6, 2014 (79 FR
45798) (FRL–9914–09), EPA published
cancellation orders in follow-up to the
May 20, 2014 notice, and granted the
requested product cancellations for
tepraloxydim. The registrant indicated
to EPA that tepraloxydim products were
never marketed in the United States
since the time of first registration, and
therefore provisions for them to sell and
distribute existing stocks are not
necessary. Persons other than the
registrant were permitted by EPA to sell,
distribute, or use existing stocks until
supplies are exhausted. The registrant
stated that the products will continue to
be used in Canada through 2017 and
requested that EPA maintain the
existing tolerances through 2018 in
order to avoid trade barriers of
tepraloxydim-treated commodities such
as canola and dried peas and beans.
Consequently, EPA is proposing to
revoke the tolerances in 40 CFR
180.573(a)(1) on cotton, undelinted
seed; cotton, gin byproducts; flax, seed;
grain, aspirated fraction; pea and bean,
dried shelled, except soybean, subgroup
6C; soybean, seed; soybean, hulls; and
sunflower subgroup 20B; each with an
expiration/revocation date of December
31, 2018.
Also, EPA is proposing to revoke the
tolerances in 40 CFR 180.573(a)(2) on
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cattle, fat; cattle, kidney; cattle, meat;
cattle, meat byproducts, except kidney;
egg; goat, fat; goat, kidney; goat, meat;
goat, meat byproducts, except kidney;
hog, fat; hog, kidney; hog, meat; hog,
meat byproducts, except kidney; horse,
fat; horse, kidney; horse, meat; horse,
meat byproducts, except kidney; milk;
poultry, fat; poultry, liver; poultry,
meat; poultry, meat byproducts, except
liver; sheep, fat; sheep, kidney; sheep,
meat; and sheep, meat byproducts,
except kidney; each with an expiration/
revocation date of December 31, 2018.
In addition, EPA is proposing to
revoke the tolerance in 40 CFR
180.573(c) on canola, seed with an
expiration/revocation date of December
31, 2018.
27. Thiacloprid. In the Federal
Register notice of May 20, 2014 (79 FR
28920) (FRL–9909–40), EPA announced
its receipt of voluntary requests by
registrants to cancel certain product
registrations, including the last
thiacloprid products registered for use
in the United States. In the Federal
Register notice of August 6, 2014 (79 FR
45798) (FRL–9914–09), EPA published
cancellation orders in follow-up to the
May 20, 2014 notice, and granted the
requested product cancellations for
thiacloprid. EPA permitted the
registrant to sell and distribute existing
stocks of one of the last thiacloprid
products until August 6, 2015 and the
other until February 8, 2016 (per the
registrant’s request). Persons other than
the registrant were permitted to sell,
distribute, or use existing stocks until
supplies are exhausted. EPA believes
that existing stocks are likely to be
exhausted by February 8, 2017.
Therefore, EPA is proposing to revoke
the tolerances for thiacloprid in 40 CFR
180.594(a) on apple, wet pomace; cattle,
fat; cattle, kidney; cattle, liver; cattle,
meat; cattle, meat byproducts; cherry
subgroup 12–12A; cotton, gin
byproducts; cotton, undelinted seed;
fruit, pome, group 11; goat, fat; goat,
kidney; goat, liver; goat, meat; goat,
meat byproducts; horse, fat; horse,
kidney; horse, liver; horse, meat; horse,
meat byproducts; milk; peach subgroup
12–12B; pepper; plum subgroup 12–
12C; sheep, fat; sheep, kidney; sheep,
liver; sheep, meat; sheep, meat
byproducts; each with an expiration/
revocation date of February 8, 2017.
28. Thiazopyr. In the Federal Register
notice of June 13, 2012 (77 FR 35379)
(FRL–9351–7), EPA announced its
receipt of voluntary requests by the
registrants to cancel certain product
registrations, including the last
thiazopyr products registered for use on
specific food commodities (grapefruit
and orange) in the United States. In the
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Federal Register notice of September
12, 2012 (77 FR 56202) (FRL–9359–1),
EPA published a cancellation order in
follow-up to the June 13, 2012 notice
and granted the requested product
cancellations for thiazopyr. EPA
permitted the registrant to sell and
distribute existing stocks of those
thiazopyr products until September 12,
2013 and persons other than the
registrant to sell, distribute, and use
existing stocks until supplies are
exhausted. EPA believes that existing
stocks are now exhausted. Therefore,
EPA is proposing to revoke the
tolerances for thiazopyr in 40 CFR
180.496 on grapefruit and orange, sweet.
29. Tralkoxydim. In the Federal
Register notices of June 12, 2013 (78 FR
35268) (FRL–9388–5) and August 21,
2013 (78 FR 51721) (FRL–9396–5), EPA
announced its receipt of voluntary
requests by registrants to cancel certain
product registrations, including the last
tralkoxydim products registered for use
in the United States. In the Federal
Register notices of September 20, 2013
(78 FR 57850) (FRL–9396–3) and
October 30, 2013 (78 FR 64938) (FRL–
9403–2), EPA published cancellation
orders in follow-up to the June 12, 2013
and August 21, 2013 notices,
respectively, and granted the requested
product cancellations for tralkoxydim.
EPA permitted the registrant to sell and
distribute existing stocks of those last
tralkoxydim products until November 1,
2014 and persons other than the
registrant to sell, distribute, or use
existing stocks until supplies are
exhausted. EPA believes that existing
stocks are likely to be exhausted by
November 1, 2015. However, as
explained in Unit II.C., EPA is
proposing that the actions herein
become effective 6 months after the date
of publication of the final rule in the
Federal Register. Consequently, EPA
expects that the effective date of the
final rule will occur after the existing
stocks are exhausted; i.e., after
November 1, 2015. Therefore, EPA is
proposing to revoke the tolerances for
tralkoxydim in 40 CFR 180.548(a) on
barley, grain; barley, hay; barley, straw;
wheat, forage; wheat, grain; wheat, hay;
and wheat, straw.
30. Tralomethrin. Because the
tolerances in 40 CFR 180.422 for
tralomethrin residues of concern all
expired on July 9, 2013, EPA proposes
to remove that section in its entirety.
31. Trichoderma harzianum strain
T-39. In the Federal Register of August
3, 2005 (70 FR 44637) (FRL–7726–4),
EPA published a list of cancellation
orders issued for non-payment of the
annual maintenance fee to keep
pesticide registrations in effect. That list
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included cancellation orders for the last
active registration for Trichoderma
harzianum strain T-39. There have been
no active registrations for over 9 years,
and therefore the tolerance exemption
for them is no longer needed and should
be revoked. Consequently, EPA is
proposing to revoke the tolerance
exemption on all food commodities for
Trichoderma harzianum strain T-39 in
40 CFR 180.1201.
32. Zucchini yellow mosaic virusweak strain. In the Federal Register of
July 28, 2010 (75 FR 44240) (FRL–8835–
2), EPA published a list of cancellation
orders issued for non-payment of the
annual maintenance fee to keep
pesticide registrations in effect. That list
included cancellation orders for the last
active registration for Zucchini yellow
mosaic virus-weak strain. There have
been no active registrations for over 4
years, and therefore the tolerance
exemption for them is no longer needed
and should be revoked. Consequently,
EPA is proposing to revoke the tolerance
exemption when used in or on all raw
cucurbits for Zucchini yellow mosaic
virus-weak strain in 40 CFR 180.1279.
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 the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136 et seq. Food-use
pesticides not registered in the United
States must have tolerances in order for
commodities treated with those
pesticides to be imported into the
United States.
EPA’s general practice is to propose
revocation of tolerances 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
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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
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is not submitted, EPA may issue an
order revoking the tolerance at issue.
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. With the
exception of the proposed revocation of
tolerances with expiration dates for
fenarimol, imazamethabenz-methyl,
tepraloxydim, and thiacloprid, the
Agency believes that existing stocks of
pesticide products labeled for the uses
associated with the tolerances proposed
for revocation have been completely
exhausted and that treated commodities
have cleared the channels of trade.
Where EPA is proposing revocation
with expiration dates for fenarimol,
imazamethabenz-methyl, tepraloxydim,
and thiacloprid, the Agency believes
that this revocation date allows users to
exhaust stocks and allows sufficient
time for passage of treated commodities
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 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
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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 etridiazole, imazamethabenz-methyl,
tepraloxydim, thiazopyr, and
tralkoxydim.
The Codex has established MRLs for
acephate, in or on various commodities,
including beans, except broad bean and
soya bean at 5 milligrams/kilogram (mg/
kg). The beans, except broad bean and
soya bean MRL is different than the
tolerance established for alidicarb on
succulent bean in the United States
because of a difference in use pattern
and/or agricultural practice.
The Codex has established MRLs for
aldicarb, in or on various commodities,
including sorghum at 0.1 mg/kg, which
is covered by a current U.S. tolerance at
a higher level than the MRL, and
sorghum straw and fodder, dry at 0.5
mg/kg, which is the same as the U.S.
tolerance. The sorghum MRL is different
than the tolerance established for
alidicarb in the United States because of
a difference in use pattern and/or
agricultural practice.
The Codex has established MRLs for
azinphos-methyl in or on various
commodities, including almond hulls
and blueberries at 5 m/kilogram (mg/
kg), cherries, peach, and plums
(including prunes) at 2 mg/kg, and
walnuts at 0.3 mg/kg. These MRLs are
the same as the tolerances established
for azinphos-methyl in the United
States.
The Codex has established MRLs for
azinphos-methyl, in or on various
commodities, including almonds and
apple at 0.05 mg/kg (which are covered
by current U.S. tolerances at a higher
level than the MRLs), and pear at 2 mg/
kg. These MRLs are different than the
tolerances established for azinphosmethyl in the United States because of
differences in use patterns and/or
agricultural practices.
The Codex has established MRLs for
fenarimol in or on various commodities,
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including cattle, liver at 0.05 mg/kg,
cherries at 1 mg/kg, hops, dry at 5 mg/
kg, and pecan at 0.02 mg/kg. These
MRLs are the same as the tolerances
established for fenarimol in the United
States.
The Codex has established MRLs for
fenarimol, in or on various
commodities, including cattle kidney
and cattle meat at 0.02 mg/kg; and
grapes at 0.3 mg/kg. These MRLs are
different than the tolerances established
for fenarimol in the United States
because of differences in use patterns
and/or agricultural practices.
The Codex has established MRLs for
thiacloprid in or on various
commodities, including cotton seed at
0.02 mg/kg, peppers, sweet at 1 mg/kg,
and stone fruits at 0.5 mg/kg (for U.S.
tolerances on cherry subgroup and
peach subgroup). These MRLs are the
same as the tolerances established for
thiacloprid in the United States.
The Codex has established MRLs for
thiacloprid, in or on various
commodities, including milks at 0.05
mg/kg; pome fruits at 0.7 mg/kg, and
stone fruits at 0.5 mg/kg (for U.S.
tolerance on plum subgroup). These
MRLs are different than the tolerances
established for thiacloprid in the United
States because of differences in use
patterns and/or agricultural practices.
IV. Statutory and Executive Order
Reviews
In this proposed rule, EPA is
proposing to revoke specific tolerances
established under FFDCA section 408.
The Office of Management and Budget
(OMB) has exempted this type of action
(e.g., 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 (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
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43379
Populations’’ (59 FR 7629, February 16,
1994); or OMB review or any other
Agency action under Executive Order
13045, entitled ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997). This proposed rule 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 (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
revocations of tolerances 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. This analysis was published in
the Federal Register of December 17,
1997 (62 FR 66020) (FRL–5753–1), and
was 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
pesticides named in this proposed rule,
the Agency knows of no extraordinary
circumstances that exist as to the
present proposed rule that would
change EPA’s previous analysis. Any
comments about the Agency’s
determination should be submitted to
the EPA along with comments on the
proposed rule, and will be addressed
prior to issuing a final rule. In addition,
the Agency has determined that this
proposed rule 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
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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 proposed rule
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: July 7, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
§ 180.108
[Amended]
2. In § 180.108, remove the entries for
‘‘Bean, succulent’’ from the tables in
paragraphs (a)(1) and (3).
■
§§ 180.121, 180.154, 180.232, 180.257, and
180.263 [Removed]
3. Remove §§ 180.121, 180.154,
180.232, 180.257, and 180.263.
■
§ 180.269
[Amended]
4. In § 180.269, remove the entries for
‘‘Sorghum, grain, bran,’’ ‘‘Sorghum,
grain, grain,’’ and ‘‘Sorghum, grain,
stover,’’ from the table in paragraph (a).
■
§§ 180.311 and 180.315
§ 180.370 5-Ethoxy-3-(trichloromethyl)1,2,4-thiadiazole; tolerances for residues.
(a) * * *
Cotton, gin byproducts .........
Cotton, undelinted seed .......
Tomato ..................................
*
*
*
*
*
7. In § 180.421, revise the table in
paragraph (a) to read as follows:
■
1. The authority citation for part 180
continues to read as follows:
§ 180.421 Fenarimol; tolerances for
residues.
■
Authority: 21 U.S.C. 321(q), 346a and 371.
(a) * * *
Parts per
million
Lhorne on DSK7TPTVN1PROD with PROPOSALS
are no U.S. registrations for bananas as of April 26, 1995.
are no U.S. registrations for cucurbit vegetable group 9 as of August 27, 2010.
VerDate Sep<11>2014
15:08 Jul 21, 2015
Jkt 235001
0.1
0.1
0.15
PART 180—[AMENDED]
Apple ........................................................................................................................................................................
Apple, wet pomace ..................................................................................................................................................
Banana1 ...................................................................................................................................................................
Cattle, fat .................................................................................................................................................................
Cattle, kidney ...........................................................................................................................................................
Cattle, meat .............................................................................................................................................................
Cattle, meat byproducts, except kidney ..................................................................................................................
Cherry, sweet ...........................................................................................................................................................
Cherry, tart ...............................................................................................................................................................
Goat, fat ...................................................................................................................................................................
Goat, kidney .............................................................................................................................................................
Goat, meat ...............................................................................................................................................................
Goat, meat byproducts, except kidney ....................................................................................................................
Grape .......................................................................................................................................................................
Hazelnut ...................................................................................................................................................................
Hop, dried cones .....................................................................................................................................................
Horse, fat .................................................................................................................................................................
Horse, kidney ...........................................................................................................................................................
Horse, meat .............................................................................................................................................................
Horse, meat byproducts, except kidney ..................................................................................................................
Pear .........................................................................................................................................................................
Pecan .......................................................................................................................................................................
Sheep, fat ................................................................................................................................................................
Sheep, kidney ..........................................................................................................................................................
Sheep, meat ............................................................................................................................................................
Sheep, meat byproducts, except kidney .................................................................................................................
Vegetable, cucurbit, group 9 2 .................................................................................................................................
2 There
Parts per
million
Commodity
Commodity
1 There
[Removed]
5. Remove §§ 180.311 and 180.315.
6. In § 180.370, revise the table in
paragraph (a) to read as follows:
■
■
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22JYP1
0.3
0.3
0.25
0.01
0.01
0.01
0.05
1.0
1.0
0.01
0.01
0.01
0.05
0.1
0.02
5.0
0.01
0.01
0.01
0.05
0.1
0.02
0.01
0.01
0.01
0.05
0.20
Expiration/
revocation
date
7/31/16
7/31/16
None
7/31/16
7/31/16
7/31/16
7/31/16
7/31/16
7/31/16
7/31/16
7/31/16
7/31/16
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7/31/16
7/31/16
7/31/16
7/31/16
None
Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules
*
*
§ 180.422
■
■
*
*
*
[Removed]
8. Remove § 180.422.
9. Revise § 180.437 to read as follows:
§ 180.437 Imazamethabenz-methyl;
tolerances for residues.
(a) General. Tolerances are
established for residues of the herbicide
imazamethabenz-methyl, 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 imazamethabenz-methyl
(methyl 2-[4,5-dihydro-4-methyl-4-(1methylethyl)-5-oxo-1H-imidazol-2-yl]-4-
methylbenzoate) or (methyl 2-[4,5dihydro-4-methyl-4-(1-methylethyl)-5oxo-1H-imidazol-2-yl]-5methylbenzoate), as the sum of its paraand meta-isomers in or on the
commodity.
Parts per
million
Commodity
Barley, grain .............................................................................................................................................................
Barley, straw ............................................................................................................................................................
Sunflower, seed .......................................................................................................................................................
Wheat, grain ............................................................................................................................................................
Wheat, straw ............................................................................................................................................................
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
§§ 180.496, 180.497, 180.530, and 180.548
[Removed]
10. Remove §§ 180.496, 180.497,
180.530, and 180.548.
■
0.10
2.00
0.10
0.10
2.00
Expiration/
revocation
date
12/31/16
12/31/16
12/31/16
12/31/16
12/31/16
11. In § 180.573, revise the table in
paragraphs (a)(1), (a)(2), and (c) to read
as follows:
■
§ 180.573 Tepraloxydim; tolerances for
residues.
(a) * * * (1) * * *
Parts per
million
Commodity
Cotton, undelinted seed ...........................................................................................................................................
Cotton, gin byproducts .............................................................................................................................................
Flax, seed ................................................................................................................................................................
Grain, aspirated fraction ..........................................................................................................................................
Pea and bean, dried shelled, except soybean, subgroup 6C 1 ...............................................................................
Soybean, seed .........................................................................................................................................................
Soybean, hulls .........................................................................................................................................................
Sunflower subgroup 20B 1 .......................................................................................................................................
1 There
43381
0.2
3.0
0.10
1200.0
0.10
6.0
8.0
0.20
Expiration/
revocation
date
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
are no U.S. registrations for commodities in this subgroup.
(2) * * *
Parts per
million
Lhorne on DSK7TPTVN1PROD with PROPOSALS
Commodity
Cattle, fat .................................................................................................................................................................
Cattle, kidney ...........................................................................................................................................................
Cattle, meat .............................................................................................................................................................
Cattle, meat, byproducts, except kidney .................................................................................................................
Egg ...........................................................................................................................................................................
Goat, fat ...................................................................................................................................................................
Goat, kidney .............................................................................................................................................................
Goat, meat ...............................................................................................................................................................
Goat, meat, byproducts, except kidney ...................................................................................................................
Hog, fat ....................................................................................................................................................................
Hog, kidney ..............................................................................................................................................................
Hog, meat ................................................................................................................................................................
Hog, meat, byproducts, except kidney ....................................................................................................................
Horse, fat .................................................................................................................................................................
Horse, kidney ...........................................................................................................................................................
Horse, meat .............................................................................................................................................................
Horse, meat, byproducts, except kidney .................................................................................................................
Milk ...........................................................................................................................................................................
Poultry, fat ................................................................................................................................................................
Poultry, liver .............................................................................................................................................................
Poultry, meat ............................................................................................................................................................
Poultry, meat byproducts, except liver ....................................................................................................................
Sheep, fat ................................................................................................................................................................
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0.20
0.20
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0.15
0.50
0.20
0.20
0.15
0.50
0.20
0.20
0.15
0.50
0.20
0.20
0.10
0.30
1.00
0.20
0.20
0.15
Expiration/
revocation
date
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
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12/31/18
12/31/18
12/31/18
12/31/18
12/31/18
43382
Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules
Parts per
million
Commodity
Sheep, kidney ..........................................................................................................................................................
Sheep, meat ............................................................................................................................................................
Sheep, meat byproducts, except kidney .................................................................................................................
*
*
*
*
*
0.50
0.20
0.20
Parts per
million
Canola, seed ............................................................................................................................................................
0.50
*
*
*
*
12. In § 180.594, revise the table in
paragraph (a) to read as follows:
■
Parts per
million
Apple, wet pomace ..................................................................................................................................................
Cattle, fat .................................................................................................................................................................
Cattle, kidney ...........................................................................................................................................................
Cattle, liver ...............................................................................................................................................................
Cattle, meat .............................................................................................................................................................
Cattle, meat byproducts ...........................................................................................................................................
Cherry subgroup 12–12A ........................................................................................................................................
Cotton, gin byproducts .............................................................................................................................................
Cotton, undelinted seed ...........................................................................................................................................
Fruit, pome, group 11 ..............................................................................................................................................
Goat, fat ...................................................................................................................................................................
Goat, kidney .............................................................................................................................................................
Goat, liver ................................................................................................................................................................
Goat, meat ...............................................................................................................................................................
Goat, meat byproducts ............................................................................................................................................
Horse, fat .................................................................................................................................................................
Horse, kidney ...........................................................................................................................................................
Horse, liver ...............................................................................................................................................................
Horse, meat .............................................................................................................................................................
Horse, meat byproducts ..........................................................................................................................................
Milk ...........................................................................................................................................................................
Peach subgroup 12–12B .........................................................................................................................................
Pepper .....................................................................................................................................................................
Peach subgroup 12–12C .........................................................................................................................................
Sheep, fat ................................................................................................................................................................
Sheep, kidney ..........................................................................................................................................................
Sheep, liver ..............................................................................................................................................................
Sheep, meat ............................................................................................................................................................
Sheep, meat byproducts ..........................................................................................................................................
*
*
§ § 180.630, 180.642, 180.1107, 180.1108,
180.1113, 180.1131, 180.1144, and 180.1154
[Removed]
13. Remove § § 180.630, 180.642,
180.1107, 180.1108, 180.1113, 180.1131,
180.1144, and 180.1154.
■ 14. Revise § 180.1180 to read as
follows:
Lhorne on DSK7TPTVN1PROD with PROPOSALS
■
§ § 180.1200, 180.1201, 180.1221, 180.1241,
and 180.1256 [Removed]
§ 180.1279
15. Remove §§ 180.1200, 180.1201,
180.1221, 180.1241, and 180.1256.
■ 16. Revise § 180.1275 to read as
follows:
■
■
Kaolin is exempted from the
requirement of a tolerance for residues
when used on or in food commodities
PO 00000
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[Removed]
17. Remove § 180.1279.
[FR Doc. 2015–17628 Filed 7–21–15; 8:45 am]
BILLING CODE 6560–50–P
An exemption from the requirement
of a tolerance is established on all food/
feed commodities for residues of
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2/8/17
2/8/17
2/8/17
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2/8/17
2/8/17
2/8/17
2/8/17
2/8/17
2/8/17
2/8/17
Pythium oligandrum DV 74 when the
pesticide is used on food crops.
§ 180.1275 Pythium oligandrum DV 74;
exemption from the requirement of a
tolerance.
15:08 Jul 21, 2015
0.60
0.020
0.050
0.15
0.030
0.050
0.5
11.0
0.020
0.30
0.020
0.050
0.15
0.030
0.050
0.020
0.050
0.15
0.030
0.050
0.030
0.5
1.0
0.05
0.020
0.050
0.15
0.030
0.050
Expiration/
revocation
date
to aid in the control of insects, fungi,
and bacteria (food/feed use).
§ 180.1180 Kaolin; exemption from the
requirement of a tolerance.
VerDate Sep<11>2014
12/31/18
(a) * * *
Commodity
*
Expiration/
revocation
date
§ 180.594 Thiacloprid; tolerances for
residues.
*
*
12/31/18
12/31/18
12/31/18
(c) * * *
Commodity
*
Expiration/
revocation
date
E:\FR\FM\22JYP1.SGM
22JYP1
Agencies
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Proposed Rules]
[Pages 43373-43382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17628]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2015-0212; FRL-9929-12]
RIN 2070-ZA16
Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-
methyl, Etridiazole, Fenarimol, et al.; Proposed Tolerance and
Tolerance Exemption Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing, in follow-up to canceled product
registrations or uses, to revoke certain tolerances for acephate,
aldicarb, azinphos-methyl, etridiazole, fenarimol, imazamethabenz-
methyl, tepraloxydim, thiacloprid, thiazopyr, and tralkoxydim, and
tolerance exemptions for certain pesticide active ingredients. Also,
EPA is proposing to make minor revisions to the section heading and
introductory text for Pythium oligandrum DV 74. In addition, in
accordance with current Agency practice, EPA is proposing to make minor
revisions to the tolerance expression for imazamethabenz-methyl, and
remove expired tolerances and tolerance exemptions for certain
pesticide active ingredients.
DATES: Comments must be received on or before September 21, 2015.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0212, 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 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).
[[Page 43374]]
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 preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
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, in follow-up to canceled product registrations or
uses, to revoke certain tolerances for the fungicides etridiazole and
fenarimol; the herbicides imazamethabenz-methyl, tepraloxydim,
thiazopyr, and tralkoxydim; the insecticides acephate, aldicarb,
azinphos-methyl, and thiacloprid, in or on commodities listed in the
regulatory text; and revoke certain tolerance exemptions for various
microbial or biochemical pesticides. Also, EPA is proposing to make
minor revisions to the section heading and introductory text for
Pythium oligandrum DV 74. In addition, in accordance with current
Agency practice, EPA is proposing to make minor revisions to the
tolerance expression for imazamethabenz-methyl, and remove expired
tolerances and tolerance exemptions for various pesticide active
ingredients.
In addition, EPA is proposing to revoke certain specific tolerances
because either they are no longer needed or are associated with food
uses that are no longer registered under FIFRA. Those instances where
registrations were canceled were because the registrant failed to pay
the required maintenance fee and/or the registrant voluntarily
requested cancellation of one or more registered uses of the pesticide.
It is EPA's general practice to propose revocation of those tolerances
for residues of pesticide active ingredients on crop uses for which
there are no active registrations under FIFRA, unless any person in
comments on the proposal indicates a need for the tolerance to cover
residues in or on imported commodities or legally treated domestic
commodities.
1. Acephate. In the Federal Register notice of July 13, 2011 (76 FR
41250) (FRL-8879-7), EPA announced its receipt of voluntary requests by
registrants to amend certain registrations, including amendments that
would terminate the use of acephate on succulent beans as a food use on
technical registrations for acephate. In the Federal Register notice of
September 14, 2011 (76 FR 56753) (FRL-8888-2), EPA granted the
requested amendments to terminate certain uses, including use of
acephate on succulent beans as a food use. In late 2012 and early 2013,
EPA issued letters to registrants with end-use registrations for
acephate use on succulent beans to explain that all end-use products
needed amendment to prohibit such use as a food. Since then, all but
three of those acephate product labels with a food use on succulent
beans have been voluntarily amended with restrictions that prohibit use
on succulent beans as a food. One of the remaining acephate products
with use on succulent beans as a food is now canceled. In the Federal
Register notice of March 12, 2015 (80 FR 12996) (FRL-9923-27), EPA
announced its receipt of voluntary requests by registrants to cancel
certain product registrations, including certain acephate products, one
of which is registered for use on succulent beans as a food. In the
Federal Register notice of June 3, 2015 (80 FR 31596) (FRL-9926-88),
EPA published a cancellation order in follow-up to the March 12, 2015
notice and granted the requested product cancellations for acephate.
Because the registrant ended the manufacture and distribution of these
canceled acephate products about 6 to 7 years ago, EPA believes that
existing stocks for these canceled acephate products are now exhausted.
Two of the remaining acephate products with food uses for succulent
beans have labels that are in process to be amended, to prohibit such
use as a food, and await approval by the Agency. One product's label
has been re-submitted for Agency review, while another product's label,
recently in review, needs to be sent back to the registrant for re-
submission to the Agency. EPA expects that both acephate labels could
be submitted and their amendments approved by the Agency before a final
rule is published in the Federal Register in follow-up to this proposed
rule. Upon completion of the amendments for the two acephate products
in process, there would no longer be any active food uses for acephate
on succulent beans and therefore no longer any need for the acephate
tolerances on succulent beans. Therefore, EPA is proposing to revoke
the tolerances for acephate in 40 CFR 180.108(a)(1) and (a)(3) on bean,
succulent.
2. Aldicarb. In the Federal Register notice of October 8, 2008 (73
FR 58958) (FRL-8385-2), EPA announced its receipt of voluntary requests
by registrants to cancel and amend certain product registrations,
including deletion of the sorghum use for aldicarb from two
registrations. In the Federal Register notice of May 20, 2009 (74 FR
23690) (FRL-8412-8), EPA published a cancellation order and granted the
requested amendments to terminate certain uses in follow-up to the
October 8, 2008 notice, including deletion of the sorghum uses for
aldicarb from two
[[Page 43375]]
registrations. EPA permitted persons other than the registrant to sell,
distribute, or use the existing stocks until supplies are exhausted.
Also, in the Federal Register notice of December 10, 2008 (73 FR 75105)
(FRL-8393-7), EPA announced its receipt of voluntary requests by
registrants to cancel certain product registrations, including the last
aldicarb registration with sorghum use in the United States. In a
letter to the registrant dated June 8, 2009, EPA cancelled the last
aldicarb registration with sorghum use and permitted persons other than
the registrant to sell, distribute, or use the existing stocks until
supplies are exhausted. EPA believes that existing stocks regarding
these three aldicarb registrations described herein are now exhausted.
Therefore, EPA is proposing to revoke the tolerances for aldicarb in 40
CFR 180.269(a) on sorghum, grain, bran; sorghum, grain, grain; and
sorghum, grain, stover.
3. Alternaria destruens strain 059. In the Federal Register of July
24, 2009 (74 FR 36699) (FRL-8427-4), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list included
cancellation orders for the last active registrations for Alternaria
destruens strain 059. There have been no active registrations for over
5 years, and therefore the tolerance exemption for Alternaria destruens
strain 059 is no longer needed and should be revoked. Consequently, EPA
is proposing to revoke the tolerance exemption when used in or on all
raw agricultural commodities for Alternaria destruens strain 059 in 40
CFR 180.1256.
4. Azinphos-methyl (AZM). In the Federal Register notice of August
8, 2007 (72 FR 44511) (FRL-8134-7), EPA announced its receipt of
voluntary requests by registrants to cancel all remaining AZM products
registered for use in the United States by September 30, 2012. In the
Federal Register notice of February 20, 2008 (73 FR 9328) (FRL-8349-8),
as corrected on March 26, 2008 (73 FR 16006) (FRL-8355-1), EPA
published a cancellation order in follow-up to the August 8, 2007
notice, and granted the requested product cancellations for AZM. Among
the AZM cancellations, EPA permitted distribution, sale, and use of
existing stocks of the last AZM products (use on apples, blueberries,
cherries, parsley, and pears) until September 30, 2012. On November 28,
2012 (77 FR 70998) (FRL-9363-9), EPA modified the cancellation order of
February 20, 2008 to permit use of existing stocks of the last AZM
products (use on apples, blueberries, cherries, parsley, and pears)
until September 30, 2013. Because existing stocks may no longer be
used, the tolerances are no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerances for AZM in 40
CFR 180.154(a) on almond; almond, hulls; apple; blackberry; blueberry;
boysenberry; Brussels sprouts; cherry; crabapple; loganberry; parsley,
leaves; parsley, turnip rooted, roots; peach; pear; pistachio; plum,
prune; quince; raspberry; and walnut. Also, EPA proposes to remove the
AZM tolerance in 40 CFR 180.154(a) on cranberry which expired on
December 31, 2012.
5. Butylate. Because the tolerances in 40 CFR 180.232 for residues
of butylate all expired on March 23, 2013, EPA proposes to remove that
section in its entirety.
6. Cacodylic acid. Because the sole tolerance in 40 CFR 180.311 for
cacodylic acid residues of concern expired on January 1, 2012, EPA
proposes to remove that section in its entirety.
7. Chloroneb. Because the tolerances in 40 CFR 180.257 for
chloroneb residues of concern all expired on April 16, 2012, EPA
proposes to remove that section in its entirety.
8. Clofencet. Because the tolerances in 40 CFR 180.497 for residues
of clofencet all expired on July 14, 2012, EPA proposes to remove that
section in its entirety.
9. Delta endotoxin of Bacillus thuringiensis variety San Diego
encapsulated into killed Pseudomonas fluorescens. In the Federal
Register of November 6, 2003 (68 FR 62785) (FRL-7331-3), EPA published
a list of cancellation orders issued for non-payment of the annual
maintenance fee to keep pesticide registrations in effect. That list
included cancellation orders for the last active registration for the
delta endotoxin of Bacillus thuringiensis variety San Diego. There have
been no active registrations for over eleven years, and therefore the
tolerance exemption for them is no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerance exemption in or
on all raw agricultural commodities for the delta endotoxin of Bacillus
thuringiensis variety San Diego in 40 CFR 180.1108.
10. 2,2-Dimethyl-1,3-benzodioxol-4-ol methylcarbamate. Because the
two tolerances in 40 CFR 180.530 for residues of 2,2-dimethyl-1,3-
benzodioxol-4-ol methylcarbamate expired on April 26, 2005, EPA
proposes to remove that section in its entirety.
11. Etridiazole (5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole).
In the Federal Register notice of November 20, 2013 (78 FR 69666) (FRL-
9902-40), EPA announced its receipt of voluntary requests by
registrants to cancel certain product registrations, including the last
etridiazole product registered for use on specific food commodities
(barley, bean, corn, pea, peanut, safflower, sorghum, soybean, and
wheat) in the United States. In the Federal Register notice of March
13, 2014 (79 FR 14247) (FRL-9905-37), EPA published a cancellation
order in follow-up to the November 20, 2013 notice and granted the
requested product cancellations for etridiazole. EPA permitted the
registrant to sell and distribute existing stocks of those etridiazole
products until March 13, 2015 and persons other than the registrant to
sell, distribute, or use the existing stocks until supplies are
exhausted. EPA believes that existing stocks are likely to be exhausted
by March 13, 2016. However, as explained in Unit II.C., EPA is
proposing that the actions herein become effective 6 months after the
date of publication of the final rule in the Federal Register.
Consequently, EPA expects that the effective date of the final rule
will occur after existing stocks are exhausted; i.e., after March 13,
2016. Therefore, EPA is proposing to revoke the tolerances for
etridiazole (5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole) in 40 CFR
180.370(a) on barley, grain; barley, hay; corn, field, forage; corn,
field, grain; corn, field, stover; corn, sweet, forage; corn, sweet,
stover; peanut; peanut, hay; safflower, seed; sorghum, grain, forage;
sorghum, grain, grain; vegetable, foliage of legume, group 7;
vegetable, legume, group 6; wheat, forage; wheat, grain; and wheat,
straw.
12. Eucalyptus oil. Because time-limited tolerance exemptions in 40
CFR 180.1241 for the use of the pesticide Eucalyptus oil on honey and
honeycomb expired on June 30, 2007, EPA is proposing to remove them
from 40 CFR 180.1241, and remove that section in its entirety.
13. Fenarimol. In the Federal Register notice of February 22, 2012
(77 FR 10516) (FRL-9336-4), EPA announced its receipt of voluntary
requests by registrants to cancel certain product registrations,
including the last fenarimol products registered for use on specific
food commodities (apple, cherry, grape, hazelnut, hops, pear, and
pecan) in the United States. In the Federal Register notice of May 2,
2012 (77 FR 26004) (FRL-9347-4), EPA published a cancellation order in
follow-up to the February 22, 2012
[[Page 43376]]
notice and granted the requested product cancellations for fenarimol.
EPA permitted the registrant to sell and distribute existing stocks of
those fenarimol products until July 31, 2013 and persons other than the
registrant to sell and distribute existing stocks through July 31,
2015, and use the existing stocks until supplies are exhausted. EPA
believes that existing stocks are likely to be exhausted by July 31,
2016. Therefore, EPA is proposing to revoke the tolerances for
fenarimol in 40 CFR 180.421(a) on apple; apple, wet pomace; cattle,
fat; cattle, kidney; cattle, meat; cattle, meat byproducts, except
kidney; cherry, sweet; cherry, tart; goat, fat; goat, kidney; goat,
meat; goat, meat byproducts, except kidney; grape; hazelnut; hop, dried
cones; horse, fat; horse, kidney; horse, meat; horse, meat byproducts,
except kidney; pear; pecan; sheep, fat; sheep, kidney; sheep, meat; and
sheep, meat byproducts, except kidney; each with an expiration/
revocation date of July 31, 2016.
Also, EPA is proposing to re-instate a footnote for the import
tolerance on banana in 40 CFR 180.421(a), which was inadvertently
removed on September 15, 2006 (71 FR 54423) (FRL-8077-9), as shown in
the regulatory text at the end of this document.
14. Flusilazole. Because the tolerances in 40 CFR 180.630 for
residues of flusilazole all expired on December 31, 2010, EPA proposes
to remove that section in its entirety.
15. Gentamicin. Because the sole tolerance in 40 CFR 180.642 for
residues of gentamicin expired on December 31, 2010, EPA proposes to
remove that section in its entirety.
16. Imazamethabenz-methyl (2-(4-isopropyl-4-methyl-5-oxo-2-
imidazolin-2-yl)-p-toluate and methyl 6-(4-isopropyl-4-methyl-5-oxo-2-
imidazolin-2-yl)-m-toluate). In the Federal Register notice of May 20,
2014 (79 FR 28920) (FRL-9909-40), EPA announced its receipt of
voluntary requests by registrants to cancel certain product
registrations, including the last imazamethabenz-methyl products
registered for use in or on food in the United States. In the Federal
Register notice of August 6, 2014 (79 FR 45798) (FRL-9914-09), EPA
published cancellation orders in follow-up to the May 20, 2014 notice,
and granted the requested product cancellations for imazamethabenz-
methyl. EPA permitted the registrant to sell and distribute existing
stocks of one of the last imazamethabenz-methyl products for use in or
on food until August 6, 2015 and the other until December 31, 2015 (per
the registrant's request). Persons other than the registrant were
permitted to sell, distribute, or use existing stocks until supplies
are exhausted. EPA believes that existing stocks are likely to be
exhausted by December 31, 2016. Therefore, EPA is proposing to revoke
the tolerances for imazamethabenz-methyl in 40 CFR 180.437 on barley,
grain; barley, straw; sunflower, seed; wheat, grain; and wheat, straw;
each with an expiration/revocation date of December 31, 2016, revise
the section heading to imazamethabenz-methyl, and designate the
existing introductory text as paragraph (a). In addition, in order to
describe more clearly the measurement and scope or coverage of the
tolerances, EPA is proposing to revise the text in newly designated
paragraph (a) to read as set out in the proposed regulatory text at the
end of this document. The revision would not substantively change the
tolerance or, in any way, modify the permissible level of residues
permitted by the tolerance.
Also, in accordance with current Agency practice, EPA is proposing
to revise 40 CFR 180.437 by adding separate paragraphs (b), (c), and
(d), and reserving those sections for tolerances with section 18
emergency exemptions, regional registrations, and indirect or
inadvertent residues, respectively.
17. Kaolin. Because the time-limited tolerance exemption in 40 CFR
180.1180(a) for the use of the pesticide kaolin on crops (apples,
apricots, bananas, beans, cane berries, citrus fruits, corn, cotton,
cranberries, cucurbits, grapes, melons, nuts, ornamentals, peaches,
peanuts, pears, peppers, plums, potatoes, seed crops, small grains,
soybeans, strawberries, sugar beets, and tomatoes) expired on December
31, 1999, EPA proposes to remove that paragraph and proposes to revise
40 CFR 180.1180(b) to 40 CFR 180.1180.
18. Lagenidium giganteum. In the Federal Register of September 28,
2011 (76 FR 60025) (FRL-8889-7), EPA published a notice which granted
registrant-requested cancellations. That list included cancellation
orders for the last active registrations for Lagenidium giganteum. The
registrant was permitted to sell and distribute existing pesticide
stocks until September 28, 2012. Persons other than the registrant were
permitted to sell, distribute, and use existing stocks until
exhaustion. EPA believes that existing stocks are exhausted; i.e., more
than 2 years after the registrant was no longer permitted to sell and
distribute them, and therefore the tolerance exemptions for them are no
longer needed and should be revoked. Consequently, EPA is proposing to
revoke the tolerance exemptions for residues in or on aspirated grain
fractions; grass, forage; grass, hay; rice, grain; rice, straw;
soybean, seed; soybean, forage; soybean, hay; and rice, wild, grain for
Lagenidium giganteum in 40 CFR 180.1113.
19. Methamidophos. Because the tolerances in 40 CFR 180.315 for
residues of methamidophos all expired, some on December 31, 2012 and
others on December 31, 2013, EPA proposes to remove that section in its
entirety.
20. Methyl parathion. Because the tolerances in 40 CFR 180.121 for
residues of methyl parathion all expired on December 31, 2013, EPA
proposes to remove that section in its entirety.
21. Multiple active ingredients. In the Federal Register of October
27, 2004 (69 FR 62666) (FRL-7683-7), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list included
cancellation orders for the last active registrations for the following
pesticide active ingredients: Delta endotoxin of Bacillus thuringiensis
variety kurstaki encapsulated into killed Pseudomonas fluorescens,
Ampelomyces quisqualis isolate M10, Candida oleophila isolate I-182,
and CryIA(c) and CryIC derived delta-endotoxins of Bacillus
thuringiensis var. kurstaki encapsulated in killed Pseudomonas
fluorescens, and the expression plasmid and cloning vector genetic
constructs. They have had no active registrations for over ten years,
and therefore the tolerance exemptions for them are no longer needed
and should be revoked. Consequently, EPA is proposing to revoke the
tolerance exemptions for the following: Delta endotoxin of Bacillus
thuringiensis variety kurstaki in 40 CFR 180.1107, Ampelomyces
quisqualis isolate M10 in 40 CFR 180.1131, Candida oleophila isolate I-
182 in 40 CFR 180.1144, and CryIA(c) and CryIC derived delta-endotoxins
of Bacillus thuringiensis var. kurstaki encapsulated in killed
Pseudomonas fluorescens, and the expression plasmid and cloning vector
genetic constructs in 40 CFR 180.1154.
22. Phosalone. Because the tolerances in 40 CFR 180.263 for
residues of phosalone all expired on September 30, 2013, EPA proposes
to remove that section in its entirety.
23. Pseudomonas fluorescens strain PRA-25. Because the temporary
tolerance exemption in 40 CFR 180.1200 for the use of the pesticide
Pseudomonas fluorescens strain PRA-25 on peas, snap beans, and sweet
corn expired on July 31, 2001, EPA proposes to remove that section in
its entirety.
[[Page 43377]]
24. Pseudozyma flocculosa strain PF-A22 UL. In the Federal Register
of July 27, 2011 (76 FR 44907) (FRL-8879-8), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list included
cancellation orders for the last active registrations for Pseudozyma
flocculosa strain PF-A22 UL. There have been no active registrations
for over 3 years, and therefore the tolerance exemption for them is no
longer needed and should be revoked. Consequently, EPA is proposing to
revoke the tolerance exemption when used in or on all food commodities
for Pseudozyma flocculosa strain PF-A22 UL in 40 CFR 180.1221.
25. Pythium oligandrum DV 74. EPA is proposing in 40 CFR 180.1275
to revise the section heading from ``Pythium'' to ``Pythium oligandrum
DV 74'' and make minor grammatical, non-substantive revisions to the
introductory text to read as set out in the proposed regulatory text at
the end of this document.
26. Tepraloxydim. In the Federal Register notice of May 20, 2014
(79 FR 28920) (FRL-9909-40), EPA announced its receipt of voluntary
requests by registrants to cancel certain product registrations,
including the last tepraloxydim products registered for use in the
United States. In the Federal Register notice of August 6, 2014 (79 FR
45798) (FRL-9914-09), EPA published cancellation orders in follow-up to
the May 20, 2014 notice, and granted the requested product
cancellations for tepraloxydim. The registrant indicated to EPA that
tepraloxydim products were never marketed in the United States since
the time of first registration, and therefore provisions for them to
sell and distribute existing stocks are not necessary. Persons other
than the registrant were permitted by EPA to sell, distribute, or use
existing stocks until supplies are exhausted. The registrant stated
that the products will continue to be used in Canada through 2017 and
requested that EPA maintain the existing tolerances through 2018 in
order to avoid trade barriers of tepraloxydim-treated commodities such
as canola and dried peas and beans. Consequently, EPA is proposing to
revoke the tolerances in 40 CFR 180.573(a)(1) on cotton, undelinted
seed; cotton, gin byproducts; flax, seed; grain, aspirated fraction;
pea and bean, dried shelled, except soybean, subgroup 6C; soybean,
seed; soybean, hulls; and sunflower subgroup 20B; each with an
expiration/revocation date of December 31, 2018.
Also, EPA is proposing to revoke the tolerances in 40 CFR
180.573(a)(2) on cattle, fat; cattle, kidney; cattle, meat; cattle,
meat byproducts, except kidney; egg; goat, fat; goat, kidney; goat,
meat; goat, meat byproducts, except kidney; hog, fat; hog, kidney; hog,
meat; hog, meat byproducts, except kidney; horse, fat; horse, kidney;
horse, meat; horse, meat byproducts, except kidney; milk; poultry, fat;
poultry, liver; poultry, meat; poultry, meat byproducts, except liver;
sheep, fat; sheep, kidney; sheep, meat; and sheep, meat byproducts,
except kidney; each with an expiration/revocation date of December 31,
2018.
In addition, EPA is proposing to revoke the tolerance in 40 CFR
180.573(c) on canola, seed with an expiration/revocation date of
December 31, 2018.
27. Thiacloprid. In the Federal Register notice of May 20, 2014 (79
FR 28920) (FRL-9909-40), EPA announced its receipt of voluntary
requests by registrants to cancel certain product registrations,
including the last thiacloprid products registered for use in the
United States. In the Federal Register notice of August 6, 2014 (79 FR
45798) (FRL-9914-09), EPA published cancellation orders in follow-up to
the May 20, 2014 notice, and granted the requested product
cancellations for thiacloprid. EPA permitted the registrant to sell and
distribute existing stocks of one of the last thiacloprid products
until August 6, 2015 and the other until February 8, 2016 (per the
registrant's request). Persons other than the registrant were permitted
to sell, distribute, or use existing stocks until supplies are
exhausted. EPA believes that existing stocks are likely to be exhausted
by February 8, 2017. Therefore, EPA is proposing to revoke the
tolerances for thiacloprid in 40 CFR 180.594(a) on apple, wet pomace;
cattle, fat; cattle, kidney; cattle, liver; cattle, meat; cattle, meat
byproducts; cherry subgroup 12-12A; cotton, gin byproducts; cotton,
undelinted seed; fruit, pome, group 11; goat, fat; goat, kidney; goat,
liver; goat, meat; goat, meat byproducts; horse, fat; horse, kidney;
horse, liver; horse, meat; horse, meat byproducts; milk; peach subgroup
12-12B; pepper; plum subgroup 12-12C; sheep, fat; sheep, kidney; sheep,
liver; sheep, meat; sheep, meat byproducts; each with an expiration/
revocation date of February 8, 2017.
28. Thiazopyr. In the Federal Register notice of June 13, 2012 (77
FR 35379) (FRL-9351-7), EPA announced its receipt of voluntary requests
by the registrants to cancel certain product registrations, including
the last thiazopyr products registered for use on specific food
commodities (grapefruit and orange) in the United States. In the
Federal Register notice of September 12, 2012 (77 FR 56202) (FRL-9359-
1), EPA published a cancellation order in follow-up to the June 13,
2012 notice and granted the requested product cancellations for
thiazopyr. EPA permitted the registrant to sell and distribute existing
stocks of those thiazopyr products until September 12, 2013 and persons
other than the registrant to sell, distribute, and use existing stocks
until supplies are exhausted. EPA believes that existing stocks are now
exhausted. Therefore, EPA is proposing to revoke the tolerances for
thiazopyr in 40 CFR 180.496 on grapefruit and orange, sweet.
29. Tralkoxydim. In the Federal Register notices of June 12, 2013
(78 FR 35268) (FRL-9388-5) and August 21, 2013 (78 FR 51721) (FRL-9396-
5), EPA announced its receipt of voluntary requests by registrants to
cancel certain product registrations, including the last tralkoxydim
products registered for use in the United States. In the Federal
Register notices of September 20, 2013 (78 FR 57850) (FRL-9396-3) and
October 30, 2013 (78 FR 64938) (FRL-9403-2), EPA published cancellation
orders in follow-up to the June 12, 2013 and August 21, 2013 notices,
respectively, and granted the requested product cancellations for
tralkoxydim. EPA permitted the registrant to sell and distribute
existing stocks of those last tralkoxydim products until November 1,
2014 and persons other than the registrant to sell, distribute, or use
existing stocks until supplies are exhausted. EPA believes that
existing stocks are likely to be exhausted by November 1, 2015.
However, as explained in Unit II.C., EPA is proposing that the actions
herein become effective 6 months after the date of publication of the
final rule in the Federal Register. Consequently, EPA expects that the
effective date of the final rule will occur after the existing stocks
are exhausted; i.e., after November 1, 2015. Therefore, EPA is
proposing to revoke the tolerances for tralkoxydim in 40 CFR 180.548(a)
on barley, grain; barley, hay; barley, straw; wheat, forage; wheat,
grain; wheat, hay; and wheat, straw.
30. Tralomethrin. Because the tolerances in 40 CFR 180.422 for
tralomethrin residues of concern all expired on July 9, 2013, EPA
proposes to remove that section in its entirety.
31. Trichoderma harzianum strain T-39. In the Federal Register of
August 3, 2005 (70 FR 44637) (FRL-7726-4), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list
[[Page 43378]]
included cancellation orders for the last active registration for
Trichoderma harzianum strain T-39. There have been no active
registrations for over 9 years, and therefore the tolerance exemption
for them is no longer needed and should be revoked. Consequently, EPA
is proposing to revoke the tolerance exemption on all food commodities
for Trichoderma harzianum strain T-39 in 40 CFR 180.1201.
32. Zucchini yellow mosaic virus-weak strain. In the Federal
Register of July 28, 2010 (75 FR 44240) (FRL-8835-2), EPA published a
list of cancellation orders issued for non-payment of the annual
maintenance fee to keep pesticide registrations in effect. That list
included cancellation orders for the last active registration for
Zucchini yellow mosaic virus-weak strain. There have been no active
registrations for over 4 years, and therefore the tolerance exemption
for them is no longer needed and should be revoked. Consequently, EPA
is proposing to revoke the tolerance exemption when used in or on all
raw cucurbits for Zucchini yellow mosaic virus-weak strain in 40 CFR
180.1279.
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 the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), 7 U.S.C. 136 et seq. Food-use pesticides not registered in
the United States must have tolerances in order for commodities treated
with those pesticides to be imported into the United States.
EPA's general practice is to propose revocation of tolerances 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.
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. With
the exception of the proposed revocation of tolerances with expiration
dates for fenarimol, imazamethabenz-methyl, tepraloxydim, and
thiacloprid, the Agency believes that existing stocks of pesticide
products labeled for the uses associated with the tolerances proposed
for revocation have been completely exhausted and that treated
commodities have cleared the channels of trade. Where EPA is proposing
revocation with expiration dates for fenarimol, imazamethabenz-methyl,
tepraloxydim, and thiacloprid, the Agency believes that this revocation
date allows users to exhaust stocks and allows sufficient time for
passage of treated commodities 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 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
[[Page 43379]]
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 etridiazole,
imazamethabenz-methyl, tepraloxydim, thiazopyr, and tralkoxydim.
The Codex has established MRLs for acephate, in or on various
commodities, including beans, except broad bean and soya bean at 5
milligrams/kilogram (mg/kg). The beans, except broad bean and soya bean
MRL is different than the tolerance established for alidicarb on
succulent bean in the United States because of a difference in use
pattern and/or agricultural practice.
The Codex has established MRLs for aldicarb, in or on various
commodities, including sorghum at 0.1 mg/kg, which is covered by a
current U.S. tolerance at a higher level than the MRL, and sorghum
straw and fodder, dry at 0.5 mg/kg, which is the same as the U.S.
tolerance. The sorghum MRL is different than the tolerance established
for alidicarb in the United States because of a difference in use
pattern and/or agricultural practice.
The Codex has established MRLs for azinphos-methyl in or on various
commodities, including almond hulls and blueberries at 5 m/kilogram
(mg/kg), cherries, peach, and plums (including prunes) at 2 mg/kg, and
walnuts at 0.3 mg/kg. These MRLs are the same as the tolerances
established for azinphos-methyl in the United States.
The Codex has established MRLs for azinphos-methyl, in or on
various commodities, including almonds and apple at 0.05 mg/kg (which
are covered by current U.S. tolerances at a higher level than the
MRLs), and pear at 2 mg/kg. These MRLs are different than the
tolerances established for azinphos-methyl in the United States because
of differences in use patterns and/or agricultural practices.
The Codex has established MRLs for fenarimol in or on various
commodities, including cattle, liver at 0.05 mg/kg, cherries at 1 mg/
kg, hops, dry at 5 mg/kg, and pecan at 0.02 mg/kg. These MRLs are the
same as the tolerances established for fenarimol in the United States.
The Codex has established MRLs for fenarimol, in or on various
commodities, including cattle kidney and cattle meat at 0.02 mg/kg; and
grapes at 0.3 mg/kg. These MRLs are different than the tolerances
established for fenarimol in the United States because of differences
in use patterns and/or agricultural practices.
The Codex has established MRLs for thiacloprid in or on various
commodities, including cotton seed at 0.02 mg/kg, peppers, sweet at 1
mg/kg, and stone fruits at 0.5 mg/kg (for U.S. tolerances on cherry
subgroup and peach subgroup). These MRLs are the same as the tolerances
established for thiacloprid in the United States.
The Codex has established MRLs for thiacloprid, in or on various
commodities, including milks at 0.05 mg/kg; pome fruits at 0.7 mg/kg,
and stone fruits at 0.5 mg/kg (for U.S. tolerance on plum subgroup).
These MRLs are different than the tolerances established for
thiacloprid in the United States because of differences in use patterns
and/or agricultural practices.
IV. Statutory and Executive Order Reviews
In this proposed rule, EPA is proposing to revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted this type of action (e.g.,
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 (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 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
proposed rule 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 (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 revocations of tolerances 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. This analysis was published in
the Federal Register of December 17, 1997 (62 FR 66020) (FRL-5753-1),
and was 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 pesticides named in
this proposed rule, the Agency knows of no extraordinary circumstances
that exist as to the present proposed rule that would change EPA's
previous analysis. Any comments about the Agency's determination should
be submitted to the EPA along with comments on the proposed rule, and
will be addressed prior to issuing a final rule. In addition, the
Agency has determined that this proposed rule 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
[[Page 43380]]
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 proposed rule 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: July 7, 2015.
Jack E. 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.
Sec. 180.108 [Amended]
0
2. In Sec. 180.108, remove the entries for ``Bean, succulent'' from
the tables in paragraphs (a)(1) and (3).
Sec. Sec. 180.121, 180.154, 180.232, 180.257, and 180.263 [Removed]
0
3. Remove Sec. Sec. 180.121, 180.154, 180.232, 180.257, and 180.263.
Sec. 180.269 [Amended]
0
4. In Sec. 180.269, remove the entries for ``Sorghum, grain, bran,''
``Sorghum, grain, grain,'' and ``Sorghum, grain, stover,'' from the
table in paragraph (a).
Sec. Sec. 180.311 and 180.315 [Removed]
0
5. Remove Sec. Sec. 180.311 and 180.315.
0
6. In Sec. 180.370, revise the table in paragraph (a) to read as
follows:
Sec. 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole;
tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cotton, gin byproducts.................................. 0.1
Cotton, undelinted seed................................. 0.1
Tomato.................................................. 0.15
------------------------------------------------------------------------
* * * * *
0
7. In Sec. 180.421, revise the table in paragraph (a) to read as
follows:
Sec. 180.421 Fenarimol; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Apple................................... 0.3 7/31/16
Apple, wet pomace....................... 0.3 7/31/16
Banana\1\............................... 0.25 None
Cattle, fat............................. 0.01 7/31/16
Cattle, kidney.......................... 0.01 7/31/16
Cattle, meat............................ 0.01 7/31/16
Cattle, meat byproducts, except kidney.. 0.05 7/31/16
Cherry, sweet........................... 1.0 7/31/16
Cherry, tart............................ 1.0 7/31/16
Goat, fat............................... 0.01 7/31/16
Goat, kidney............................ 0.01 7/31/16
Goat, meat.............................. 0.01 7/31/16
Goat, meat byproducts, except kidney.... 0.05 7/31/16
Grape................................... 0.1 7/31/16
Hazelnut................................ 0.02 7/31/16
Hop, dried cones........................ 5.0 7/31/16
Horse, fat.............................. 0.01 7/31/16
Horse, kidney........................... 0.01 7/31/16
Horse, meat............................. 0.01 7/31/16
Horse, meat byproducts, except kidney... 0.05 7/31/16
Pear.................................... 0.1 7/31/16
Pecan................................... 0.02 7/31/16
Sheep, fat.............................. 0.01 7/31/16
Sheep, kidney........................... 0.01 7/31/16
Sheep, meat............................. 0.01 7/31/16
Sheep, meat byproducts, except kidney... 0.05 7/31/16
Vegetable, cucurbit, group 9 \2\........ 0.20 None
------------------------------------------------------------------------
\1\ There are no U.S. registrations for bananas as of April 26, 1995.
\2\ There are no U.S. registrations for cucurbit vegetable group 9 as of
August 27, 2010.
[[Page 43381]]
* * * * *
Sec. 180.422 [Removed]
0
8. Remove Sec. 180.422.
0
9. Revise Sec. 180.437 to read as follows:
Sec. 180.437 Imazamethabenz-methyl; tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide imazamethabenz-methyl, 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 imazamethabenz-methyl (methyl 2-[4,5-
dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-4-
methylbenzoate) or (methyl 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-
oxo-1H-imidazol-2-yl]-5-methylbenzoate), as the sum of its para- and
meta-isomers in or on the commodity.
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Barley, grain........................... 0.10 12/31/16
Barley, straw........................... 2.00 12/31/16
Sunflower, seed......................... 0.10 12/31/16
Wheat, grain............................ 0.10 12/31/16
Wheat, straw............................ 2.00 12/31/16
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
Sec. Sec. 180.496, 180.497, 180.530, and 180.548 [Removed]
0
10. Remove Sec. Sec. 180.496, 180.497, 180.530, and 180.548.
0
11. In Sec. 180.573, revise the table in paragraphs (a)(1), (a)(2),
and (c) to read as follows:
Sec. 180.573 Tepraloxydim; tolerances for residues.
(a) * * * (1) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cotton, undelinted seed................. 0.2 12/31/18
Cotton, gin byproducts.................. 3.0 12/31/18
Flax, seed.............................. 0.10 12/31/18
Grain, aspirated fraction............... 1200.0 12/31/18
Pea and bean, dried shelled, except 0.10 12/31/18
soybean, subgroup 6C \1\...............
Soybean, seed........................... 6.0 12/31/18
Soybean, hulls.......................... 8.0 12/31/18
Sunflower subgroup 20B \1\.............. 0.20 12/31/18
------------------------------------------------------------------------
\1\ There are no U.S. registrations for commodities in this subgroup.
(2) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cattle, fat............................. 0.15 12/31/18
Cattle, kidney.......................... 0.50 12/31/18
Cattle, meat............................ 0.20 12/31/18
Cattle, meat, byproducts, except kidney. 0.20 12/31/18
Egg..................................... 0.20 12/31/18
Goat, fat............................... 0.15 12/31/18
Goat, kidney............................ 0.50 12/31/18
Goat, meat.............................. 0.20 12/31/18
Goat, meat, byproducts, except kidney... 0.20 12/31/18
Hog, fat................................ 0.15 12/31/18
Hog, kidney............................. 0.50 12/31/18
Hog, meat............................... 0.20 12/31/18
Hog, meat, byproducts, except kidney.... 0.20 12/31/18
Horse, fat.............................. 0.15 12/31/18
Horse, kidney........................... 0.50 12/31/18
Horse, meat............................. 0.20 12/31/18
Horse, meat, byproducts, except kidney.. 0.20 12/31/18
Milk.................................... 0.10 12/31/18
Poultry, fat............................ 0.30 12/31/18
Poultry, liver.......................... 1.00 12/31/18
Poultry, meat........................... 0.20 12/31/18
Poultry, meat byproducts, except liver.. 0.20 12/31/18
Sheep, fat.............................. 0.15 12/31/18
[[Page 43382]]
Sheep, kidney........................... 0.50 12/31/18
Sheep, meat............................. 0.20 12/31/18
Sheep, meat byproducts, except kidney... 0.20 12/31/18
------------------------------------------------------------------------
* * * * *
(c) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Canola, seed............................ 0.50 12/31/18
------------------------------------------------------------------------
* * * * *
0
12. In Sec. 180.594, revise the table in paragraph (a) to read as
follows:
Sec. 180.594 Thiacloprid; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Apple, wet pomace....................... 0.60 2/8/17
Cattle, fat............................. 0.020 2/8/17
Cattle, kidney.......................... 0.050 2/8/17
Cattle, liver........................... 0.15 2/8/17
Cattle, meat............................ 0.030 2/8/17
Cattle, meat byproducts................. 0.050 2/8/17
Cherry subgroup 12-12A.................. 0.5 2/8/17
Cotton, gin byproducts.................. 11.0 2/8/17
Cotton, undelinted seed................. 0.020 2/8/17
Fruit, pome, group 11................... 0.30 2/8/17
Goat, fat............................... 0.020 2/8/17
Goat, kidney............................ 0.050 2/8/17
Goat, liver............................. 0.15 2/8/17
Goat, meat.............................. 0.030 2/8/17
Goat, meat byproducts................... 0.050 2/8/17
Horse, fat.............................. 0.020 2/8/17
Horse, kidney........................... 0.050 2/8/17
Horse, liver............................ 0.15 2/8/17
Horse, meat............................. 0.030 2/8/17
Horse, meat byproducts.................. 0.050 2/8/17
Milk.................................... 0.030 2/8/17
Peach subgroup 12-12B................... 0.5 2/8/17
Pepper.................................. 1.0 2/8/17
Peach subgroup 12-12C................... 0.05 2/8/17
Sheep, fat.............................. 0.020 2/8/17
Sheep, kidney........................... 0.050 2/8/17
Sheep, liver............................ 0.15 2/8/17
Sheep, meat............................. 0.030 2/8/17
Sheep, meat byproducts.................. 0.050 2/8/17
------------------------------------------------------------------------
* * * * *
Sec. Sec. 180.630, 180.642, 180.1107, 180.1108, 180.1113, 180.1131,
180.1144, and 180.1154 [Removed]
0
13. Remove Sec. Sec. 180.630, 180.642, 180.1107, 180.1108, 180.1113,
180.1131, 180.1144, and 180.1154.
0
14. Revise Sec. 180.1180 to read as follows:
Sec. 180.1180 Kaolin; exemption from the requirement of a tolerance.
Kaolin is exempted from the requirement of a tolerance for residues
when used on or in food commodities to aid in the control of insects,
fungi, and bacteria (food/feed use).
Sec. Sec. 180.1200, 180.1201, 180.1221, 180.1241, and
180.1256 [Removed]
0
15. Remove Sec. Sec. 180.1200, 180.1201, 180.1221, 180.1241, and
180.1256.
0
16. Revise Sec. 180.1275 to read as follows:
Sec. 180.1275 Pythium oligandrum DV 74; exemption from the
requirement of a tolerance.
An exemption from the requirement of a tolerance is established on
all food/feed commodities for residues of Pythium oligandrum DV 74 when
the pesticide is used on food crops.
Sec. 180.1279 [Removed]
0
17. Remove Sec. 180.1279.
[FR Doc. 2015-17628 Filed 7-21-15; 8:45 am]
BILLING CODE 6560-50-P