Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et al.; Tolerance Actions, 72593-72599 [2015-28491]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Pages 72593-72599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28491]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0194; FRL-9935-01]


Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et 
al.; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is revoking certain tolerances for the fungicides 
spiroxamine and triflumizole, the herbicides carfentrazone-ethyl and 
quizalofop ethyl; the insecticides amitraz, oxamyl, propetamphos, and 
spinosad; the plant growth regulators ethephon and mepiquat; and the 
tolerance on rice straw for multiple active ingredients. Also, EPA is 
modifying certain tolerances for the fungicides mancozeb, thiram, and 
triflumizole. In addition, EPA is establishing new tolerances for the 
fungicide mancozeb. Also, in accordance with current Agency practice, 
EPA is making minor revisions to the tolerance expressions for mepiquat 
and thiram. In addition, EPA is restoring the listings of tolerances on 
bulb onion and pear for methomyl residues to remedy inadvertent 
drafting errors and cover existing registrations. EPA is deferring a 
decision on the malathion tolerances at this time.

DATES: This regulation is effective May 18, 2016, except for the 
amendments to 40 CFR 180.253 (the restorations of the bulb onion and 
pear tolerances for methomyl), which are effective November 20, 2015. 
Objections and requests for hearings must be received on or before 
January 19, 2016, and must be filed in accordance with the instructions 
provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY 
INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2014-0194, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review

[[Page 72594]]

the visitor instructions and additional information about the docket 
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).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 
408(g), 21 U.S.C. 346a, any person may file an objection to any aspect 
of this regulation and may also request a hearing on those objections. 
You must file your objection or request a hearing on this regulation in 
accordance with the instructions provided in 40 CFR part 178. To ensure 
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2014-0194 in the subject line on the first page of your submission. All 
objections and requests for a hearing must be in writing, and must be 
received by the Hearing Clerk on or before January 19, 2016. Addresses 
for mail and hand delivery of objections and hearing requests are 
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2014-0194, by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be 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.

II. Background

A. What action is the agency taking?

    In the Federal Register of July 11, 2014 (79 FR 40043) (FRL-9910-
45), EPA issued a proposed rule, in follow-up to canceled uses, to 
revoke specific tolerances for amitraz, carfentrazone-ethyl, ethephon, 
mepiquat, oxamyl, propetamphos, quizalofop ethyl, spinosad, 
spiroxamine, and triflumizole. Also, because rice straw is no longer 
considered by the Agency to be a significant feed item, EPA proposed to 
revoke the tolerance on rice straw for multiple active ingredients. In 
follow-up to reregistration, EPA proposed to modify tolerances for 
malathion and mancozeb, and also establish tolerances for mancozeb, and 
post-reregistration follow-up to modify specific tolerances for thiram 
and triflumizole. In addition, the Agency proposed minor revisions to 
the tolerance expressions for malathion, mepiquat, and thiram. The 
proposal provided a 60-day comment period.
    Since the proposed rule, in the Federal Register of March 27, 2015 
(80 FR 16302) (FRL-9924-86), the Agency published a final rule that 
removed the expiration/revocation date for the thiram tolerance in 40 
CFR 180.132 on banana at 0.80 parts per million (ppm) for thiram 
residues. Also, in the Federal Register of June 19, 2015 (80 FR 35249) 
(FRL-9928-82), the Agency published a final rule that established a 
thiram tolerance in 40 CFR 180.132 on avocado at 15 ppm for thiram 
residues.
    EPA is finalizing specific mancozeb tolerance actions in order to 
implement the tolerance recommendations made during the reregistration 
and tolerance reassessment processes (including follow-up on canceled 
or additional uses of pesticides). As part of these processes, EPA is 
required to determine whether each of the amended tolerances meets the 
safety standard of FFDCA. The safety finding determination of 
``reasonable certainty of no harm'' is discussed in detail in each 
Reregistration Eligibility Decision (RED) and Report on FQPA Tolerance 
Reassessment Progress and Interim Risk Management Decision (TRED) for 
the active ingredient. REDs and TREDs recommend the implementation of 
certain tolerance actions, including modifications, to reflect current 
use patterns, to meet safety findings and change commodity names and 
groupings in accordance with new EPA policy. Printed copies of many 
REDs and TREDs may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419; telephone number: (800) 490-9198; fax number: (513) 489-
8695; Internet at https://www.epa.gov/ncepihom and from the National 
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, 
VA 22161; telephone number: (800) 553-6847 or (703) 605-6000; Internet 
at https://www.ntis.gov. Electronic copies of REDs and TREDs are 
available on the Internet at https://www.regulations.gov and https://www.epa.gov/pesticides/reregistration/status.htm.
    In this final rule, EPA is revoking certain tolerances and/or 
tolerance exemptions because either they are no longer needed or are 
associated with food uses that are no longer registered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the 
United States. Those instances where registrations were canceled were 
because the registrant failed to pay the required maintenance fee and/
or the registrant voluntarily requested cancellation of one or more 
registered uses of the pesticide active ingredient. The tolerances 
revoked by this final rule are no longer necessary to cover residues of 
the relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to issue a final rule revoking those tolerances 
and tolerance exemptions for residues of

[[Page 72595]]

pesticide active ingredients on crop uses for which there are no active 
registrations under FIFRA, unless any person in comments on the 
proposal indicates a need for the tolerance or tolerance exemption to 
cover residues in or on imported commodities or legally treated 
domestic commodities.
    EPA has historically been concerned that retention of tolerances 
that are not necessary to cover residues in or on legally treated foods 
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under the Food Quality Protection Act 
(FQPA).
    This final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. 
Among the comments received by EPA, are the following:
    1. General--i. Comment by private citizen. An anonymous comment was 
received which expressed concerns about the toxicity of pesticides in 
general.
    Agency response. The commenter did not take issue with the Agency's 
specific conclusions to revoke, modify, establish tolerances, or revise 
tolerance expressions. Also, the commenter did not refer to any 
specific studies which pertain to those conclusions. The Agency has not 
changed its previous determination that the tolerances in question are 
safe and is therefore not making any changes in response to these 
comments.
    2. Specific chemical comments--i. Oxamyl-Comment by DuPont Crop 
Protection. The commenter requested that the soybean seed tolerance for 
oxamyl be retained for possible future actions. DuPont noted that since 
the soybean use was deleted from oxamyl labels in 2006 via EPA's 
approval of its request for voluntary cancellation, growers have 
experienced an increasing need for management of soybean cyst nematode.
    Agency response. The use of oxamyl on soybean was officially 
canceled under section 6(f)(1) of FIFRA, 7 U.S.C. 136d(f)(1), under 
which a registrant of a pesticide product may request that the product 
registration be canceled or amended to terminate one or more uses. 
Because EPA canceled the soybean use in response to DuPont's request, 
and no other oxamyl products include a use on soybeans, there is 
currently no legal use of oxamyl on soybeans. EPA will not retain the 
tolerance based on the possibility that someone may apply for a new use 
on soybean in the future. Tolerances are generally maintained for 
current uses. Therefore, EPA is revoking the tolerance for oxamyl in 40 
CFR 180.303(a) on soybean, seed.
    EPA is considering the public comments received on malathion in 
response to the proposed rule of July 11, 2014 and is thus deferring a 
decision on the malathion tolerances at this time. The Agency will 
respond to the comments in a future notice to be published in the 
Federal Register.
    With the exception of malathion and oxamyl, the Agency did not 
receive any specific comments in the docket, during the 60-day comment 
period, concerning proposed tolerance actions associated with pesticide 
active ingredients, as described in the Federal Register of July 11, 
2014. Therefore, the exceptions of malathion, EPA is finalizing 
amendments in the proposed rule of July 11, 2014. Also, EPA is 
maintaining both the establishment of the thiram tolerance on avocado 
(now in newly codified 40 CFR 180.132(a)(1) for thiram residues), and 
the removal of the expiration/revocation date on the thiram tolerance 
on banana (now in newly codified 40 CFR.180.132(a)(2) for carbon 
disulfide residues). In addition, EPA is finalizing the amendments in 
the proposed rule of July 11, 2014 for thiram tolerances on apple, 
banana, peach, and strawberry (now in newly codified 40 CFR 
180.132(a)(2) for carbon disulfide residues). For a detailed discussion 
of the Agency's rationale for the finalized tolerance actions, refer to 
the proposed rule of July 11, 2014.
    In this final rule EPA is also making corrections to two unrelated 
provisions. In the Federal Register of May 9, 2012 (77 FR 27164) (FRL-
9345-2), EPA issued a proposed rule covering multiple pesticide active 
ingredients, including methomyl. In that rule, in order to conform to 
current Agency practice, EPA proposed to revise the tolerance commodity 
terminology, in 40 CFR 180.253 for methomyl, for vegetable, root (an 
outdated term) at 0.2(N) ppm to vegetable, root and tuber, group 1 at 
0.2 ppm. Also, EPA proposed to make minor revisions to the tolerance 
expressions for methomyl in 40 CFR 180.253(a) and (c). In follow-up, 
EPA promulgated a final rule in the Federal Register of September 26, 
2012 (77 FR 59120) (FRL-9358-8) with an effective date of March 25, 
2013. However, the outdated tolerance term ``vegetable, root'' had 
covered the use on bulb onions. Therefore, the terminology revision by 
EPA inadvertently removed a tolerance which covered methomyl residues 
in or on bulb onions. Also, while EPA revised the methomyl tolerance 
expressions in 180.253(a) and (c), EPA inadvertently removed the table 
under paragraph (c), which contained an entry for a regional tolerance 
on pear at 4 ppm. Yet, active registrations for use of methomyl on bulb 
onions and pears existed at that time and now. Consequently, in this 
final rule, EPA is restoring coverage for methomyl residues on the bulb 
onion commodity as an individual tolerance in 40 CFR 180.253(a) for 
onion, dry bulb at 0.2 ppm and in 40 CFR 180.253(c) on pear at 4 ppm.
    EPA is issuing these tolerance actions for methomyl in this final 
rule for this purpose without notice and opportunity to comment. 
Section 553(b)(3)(B) of the Administrative Procedure Act provides that 
notice and comment is not necessary ``when the agency for good cause 
finds (and incorporates the finding and a brief statement of reasons 
therefore in the rules issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public interest.'' 
EPA finds good cause here because restoring the listings of tolerance 
coverages on bulb onion and pear for methomyl residues merely corrects 
two inadvertent drafting errors. As such, notice and comment is 
unnecessary.

B. What is the agency's authority for taking this action?

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made in the RED for mancozeb during the 
reregistration and tolerance reassessment processes, and as follow-up 
on canceled uses of pesticides.

C. When do these actions become effective?

    As stated in the DATES section, this regulation is effective May 
18, 2016, except for the restorations of the bulb onion and pear 
tolerances for methomyl, which are effective November 20, 2015. With 
the exception of methomyl, for which EPA is restoring tolerances

[[Page 72596]]

inadvertently removed, EPA is delaying the effective date of these 
finalized actions to allow a reasonable interval for producers in 
exporting members of the World Trade Organization's Sanitary and 
Phytosanitary Measures Agreement to adapt to the requirements of a 
final rule. EPA believes that existing stocks of the canceled or 
amended pesticide products labeled for the uses associated with the 
revoked tolerances have been completely exhausted and that treated 
commodities have had sufficient time for passage through the channels 
of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by FQPA. Under 
this unit, any residues of these pesticides in or on such food shall 
not render the food adulterated so long as it is shown to the 
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates that the 
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established a MRL for carfentrazone-ethyl, 
mepiquat, propetamphos, quizalofop ethyl, spiroxamine, triflumizole, 
ethephon in or on cucumber, oxamyl in or on soybean seed, spinosad in 
or on coriander leaves, or total dithiocarbamates in or on barley bran, 
barley flour, field corn grain, oat flour, oat grain, rye bran, rye 
grain, wheat bran, wheat flour, and wheat, shorts.
    The Codex has established MRLs for total dithiocarbamates 
determined as carbon disulfide in or on various commodities, including 
barley and wheat, each at 1 milligrams/kilogram (mg/kg). These MRLs are 
the same as the tolerances finalized for mancozeb in the United States.
    The Codex has established MRLs for total dithiocarbamates 
determined as carbon disulfide in or on various commodities, including 
papaya at 5 mg/kg. This MRL will be covered by a finalized U.S. 
tolerance at a higher level than the MRL. The MRL is different than the 
finalized U.S. tolerance for mancozeb in the United States because of 
differences in residue definition, use patterns, and/or good 
agricultural practices.
    The Codex has established a MRL for amitraz in or on various 
commodities, including cotton seed at 0.5 mg/kg. This MRL is covered by 
the current U.S. tolerance at a higher level than the MRL, but would no 
longer be covered due to the revocation of the U.S. tolerance.
    The Codex has established MRLs for total dithiocarbamates 
determined as carbon disulfide in or on various commodities, including 
banana at 2 mg/kg, peach at 7 mg/kg, and strawberry at 5 mg/kg. The 
MRLs for banana and peach are the same as the U.S. tolerances proposed 
for thiram in the United States. The MRL for strawberry will be covered 
by a finalized U.S. tolerance at a higher level than the MRL. The MRL 
for strawberry is different than the tolerance finalized for thiram in 
the United States because of differences in use patterns, and/or good 
agricultural practices.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review under Executive Order 12866, 
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 
1993). Because this rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this rule is not subject 
to Executive Order 13211, entitled ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA) (44 U.S.C. 3501 et seq.), or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.). 
Nor does it require any special considerations as required by Executive 
Order 12898, entitled ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations'' (59 FR 
7629, February 16, 1994); or OMB review or any other Agency action 
under Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously 
assessed whether establishment of tolerances, exemptions from 
tolerances, raising of tolerance levels, expansion of exemptions, or 
revocations might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. These analyses for tolerance establishments and 
modifications, and for tolerance revocations were published in the 
Federal Register on May 4, 1981 (46 FR 24950) and on December 17, 1997 
(62 FR 66020) (FRL-5753-1), respectively, and were provided to the 
Chief Counsel for Advocacy of the Small Business Administration. Taking 
into account this analysis and available information concerning the 
pesticides listed in this rule, the Agency hereby certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities. In a memorandum dated May 25, 2001, EPA 
determined that eight conditions must all be satisfied in order for an 
import tolerance or tolerance exemption revocation to adversely affect 
a significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to

[[Page 72597]]

any particular revocation. (This Agency document is available in the 
docket of the proposed rule). Furthermore, for the pesticides named in 
this final rule, the Agency knows of no extraordinary circumstances 
that exist as to the present revocations that would change EPA's 
previous analysis. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled 
``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' This final rule directly regulates 
growers, food processors, food handlers, and food retailers, not 
States. This action does not alter the relationships or distribution of 
power and responsibilities established by Congress in the preemption 
provisions of FFDCA section 408(n)(4). For these same reasons, the 
Agency has determined that this rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000). Executive Order 13175, requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' is 
defined in the Executive order to include regulations that have 
``substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' This rule will not have substantial 
direct effects on tribal governments, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: October 20, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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


0
2. In Sec.  180.132, revise paragraph (a) to read as follows:


Sec.  180.132  Thiram; tolerances for residues.

    (a) General. (1) A tolerances for residues of the fungicide thiram 
(tetramethyl thiuram disulfide), including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance level specified in this paragraph is to 
be determined by measuring only thiram.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Avocado \1\.............................................              15
------------------------------------------------------------------------
\1\ No U.S. registrations as of September 23, 2009.

    (2) Tolerances are established for residues of the fungicide 
thiram, tetramethyl thiuram disulfide, including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance levels specified in this paragraph is to 
be determined by measuring only those thiram residues convertible to 
and expressed in terms of the degradate carbon disulfide, in or on the 
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Apple...................................................               5
Banana \1\..............................................             2.0
Peach...................................................             7.0
Strawberry..............................................              13
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 23, 2009.

* * * * *


Sec.  180.142  [Amended]

0
3. In Sec.  180.142, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.169  [Amended]

0
4. In Sec.  180.169, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).

0
5. In Sec.  180.176, revise the table in paragraph (a) to read as 
follows:


Sec.  180.176  Mancozeb; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond..................................................             0.1
Almond, hulls...........................................               4
Apple...................................................             0.6
Asparagus...............................................             0.1
Atemoya.................................................             3.0
Banana..................................................               2
Barley, bran............................................               2
Barley, flour...........................................             1.2
Barley, grain...........................................               1
Barley, hay.............................................              30
Barley, pearled barley..................................              20
Barley, straw...........................................              25
Beet, sugar, dried pulp.................................             3.0
Beet, sugar, roots......................................             1.2
Beet, sugar, tops.......................................              60
Broccoli................................................               7
Cabbage.................................................               9
Canistel................................................            15.0
Cattle, kidney..........................................             0.5
Cattle, liver...........................................             0.5
Cherimoya...............................................             3.0
Corn, field, forage.....................................              40
Corn, field, grain......................................            0.06
Corn, field, stover.....................................              15
Corn, pop, grain........................................             0.1
Corn, pop, stover.......................................              40
Corn, sweet, forage.....................................              70
Corn, sweet, kernel plus cob with husks removed.........             0.1
Corn, sweet, stover.....................................              40
Cotton, undelinted seed.................................             0.5
Crabapple...............................................             0.6
Cranberry...............................................               5
Custard apple...........................................             3.0
Fennel..................................................             2.5
Flax, seed..............................................            0.15
Ginseng.................................................             1.2
Goat, kidney............................................             0.5
Goat, liver.............................................             0.5
Grape...................................................             1.5
Hog, kidney.............................................             0.5
Hog, liver..............................................             0.5
Horse, kidney...........................................             0.5

[[Page 72598]]

 
Horse, liver............................................             0.5
Lettuce, head...........................................             3.5
Lettuce, leaf...........................................              18
Mango...................................................            15.0
Oat, flour..............................................             1.2
Oat, grain..............................................               1
Oat, groats/rolled oats.................................              20
Oat, hay................................................              30
Oat, straw..............................................              25
Onion, bulb.............................................             1.5
Papaya..................................................               9
Peanut..................................................             0.1
Peanut, hay.............................................              65
Pear....................................................             0.6
Pepper..................................................              12
Potato..................................................             0.2
Poultry, kidney.........................................             0.5
Poultry, liver..........................................             0.5
Quince..................................................             0.6
Rice, grain.............................................            0.06
Rye, bran...............................................               2
Rye, flour..............................................             1.2
Rye, grain..............................................               1
Rye, straw..............................................              25
Sapodilla...............................................            15.0
Sapote, mamey...........................................            15.0
Sapote, white...........................................            15.0
Sheep, kidney...........................................             0.5
Sheep, liver............................................             0.5
Sorghum, grain, forage..................................            0.15
Sorghum, grain, grain...................................            0.25
Sorghum, grain, stover..................................            0.15
Star apple..............................................            15.0
Sugar apple.............................................             3.0
Tangerine \1\...........................................              10
Tomato..................................................             2.5
Vegetable, cucurbit, group 9............................             2.0
Walnut..................................................            0.70
Wheat, bran.............................................               2
Wheat, flour............................................             1.2
Wheat, germ.............................................              20
Wheat, grain............................................               1
Wheat, hay..............................................              30
Wheat, middlings........................................              20
Wheat, shorts...........................................               2
Wheat, straw............................................              25
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use of mancozeb on tangerine.

* * * * *


Sec.  180.205  [Amended]

0
6. In Sec.  180.205, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.253  [Amended]

0
7. In Sec.  180.253, add alphabetically an entry for ``Onion, dry 
bulb'' to the table in paragraph (a), and add a table to paragraph (c) 
to read as follows:


Sec.  180.253  Methomyl; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                           Parts per       Expiration/
               Commodity                    million      Revocation date
------------------------------------------------------------------------
 
                              * * * * * * *
Onion, dry bulb.......................             0.2            None.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Pear....................................................               4
------------------------------------------------------------------------

* * * * *


Sec.  180.274  [Amended]

0
8. In Sec.  180.274, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.287  [Amended]

0
9. In Sec.  180.287, remove the entry for ``Cotton, undelinted seed 
\1\'' and the footnote from the table in paragraph (a).


Sec.  180.288  [Amended]

0
10. In Sec.  180.288, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.293  [Amended]

0
11. In Sec.  180.293, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.300  [Amended]

0
12. In Sec.  180.300, remove the entry for ``Cucumber'' from the table 
in paragraph (a).


Sec.  180.301  [Amended]

0
13. In Sec.  180.301, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.303  [Amended]

0
14. In Sec.  180.303, remove the entry for ``Soybean, seed'' from the 
table in paragraph (a).


Sec.  180.355  [Amended]

0
15. In Sec.  180.355, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.361  [Amended]

0
16. In Sec.  180.361, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.377  [Amended]

0
17. In Sec.  180.377, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.383  [Amended]

0
18. In Sec.  180.383, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).

0
19. In Sec.  180.384, revise paragraph (a) to read as follows:


Sec.  180.384  Mepiquat (N,N-dimethylpiperidinium); tolerances for 
residues.

    (a) General. Tolerances are established for residues of the plant 
growth regulator mepiquat, including its metabolites and degradates, in 
or on the commodities in the table in this paragraph. Compliance with 
the tolerance levels specified in this paragraph is to be determined by 
measuring only mepiquat, N,N-dimethylpiperidinium, in or on the 
commodity.

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, meat byproducts.................................             0.1
Cotton, gin byproducts..................................             6.0
Cotton, undelinted seed.................................             2.0
Goat, meat byproducts...................................             0.1
Grape...................................................             1.0
Grape, raisin...........................................             5.0
Hog, meat byproducts....................................             0.1
Horse, meat byproducts..................................             0.1
Sheep, meat byproducts..................................             0.1
------------------------------------------------------------------------

* * * * *


Sec.  180.399  [Amended]

0
20. In Sec.  180.399, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).

[[Page 72599]]

Sec.  180.401  [Amended]

0
21. In Sec.  180.401, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.417  [Amended]

0
22. In Sec.  180.417, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.418  [Amended]

0
23. In Sec.  180.418, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.425  [Amended]

0
24. In Sec.  180.425, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.434  [Amended]

0
25. In Sec.  180.434, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.438  [Amended]

0
26. In Sec.  180.438, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1) and from the table in paragraph (a)(2).


Sec.  180.439  [Amended]

0
27. In Sec.  180.439, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.441  [Amended]

0
28. In Sec.  180.441, remove the entry for ``Soybean, soapstock'' from 
the table in paragraph (a)(1).


Sec.  180.445  [Amended]

0
29. In Sec.  180.445, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.447  [Amended]

0
30. In Sec.  180.447, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.451  [Amended]

0
31. In Sec.  180.451, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.463  [Amended]

0
32. In Sec.  180.463, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.473  [Amended]

0
33. In Sec.  180.473, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).

0
34. In Sec.  180.476, revise the table in paragraph (a)(1) and revise 
the table in paragraph (a)(2) to read as follows:


Sec.  180.476  Triflumizole; tolerances for residues.

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

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Berry, low growing, subgroup 13-07G, except cranberry...             2.0
Brassica, head and stem, subgroup 5A....................             8.0
Brassica, leafy greens, subgroup 5B.....................              40
Canistel................................................             2.5
Cherry, sweet...........................................             1.5
Cherry, tart............................................             1.5
Cilantro, leaves........................................              35
Fruit, pome, group 11-10................................            0.50
Fruit, small, vine climbing, except fuzzy kiwifruit,                 2.5
 subgroup 13-07F........................................
Hazelnut................................................            0.05
Hop, dried cones........................................              50
Leafy greens subgroup 4A, except spinach................              35
Mango...................................................             2.5
Papaya..................................................             2.5
Pineapple...............................................             4.0
Sapodilla...............................................             2.5
Sapote, black...........................................             2.5
Sapote, mamey...........................................             2.5
Star apple..............................................             2.5
Swiss chard.............................................              18
Tomato..................................................             1.5
Turnip, greens..........................................              40
Vegetable, cucurbit, group 9............................             0.5
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, fat.............................................            0.10
Cattle, meat byproducts.................................            0.20
Goat, fat...............................................            0.10
Goat, meat byproducts...................................            0.20
Horse, fat..............................................            0.10
Horse, meat byproducts..................................            0.20
Sheep, fat..............................................            0.10
Sheep, meat byproducts..................................            0.20
------------------------------------------------------------------------

* * * * *


Sec.  180.479  [Amended]

0
35. In Sec.  180.479, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.484  [Amended]

0
36. In Sec.  180.484, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.495  [Amended]

0
37. In Sec.  180.495, remove the entry for ``Coriander, leaves'' from 
the table in paragraph (a).


Sec.  180.507  [Amended]

0
38. In Sec.  180.507, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.515  [Amended]

0
39. In Sec.  180.515, remove the entries for ``Caneberry subgroup 
13A,'' ``Cotton, hulls,'' ``Cotton, meal,'' ``Cotton, refined oil'' and 
``Rice, straw'' from the table in paragraph (a).


Sec.  180.517  [Amended]

0
40. In Sec.  180.517, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.541  [Removed]

0
41. Remove Sec.  180.541.


Sec.  180.555  [Amended]

0
42. In Sec.  180.555, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.570  [Amended]

0
43. In Sec.  180.570, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.577  [Amended]

0
44. In Sec.  180.577, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.602  [Amended]

0
45. In Sec.  180.602, remove the entry for ``Hop, dried cones'' from 
the table in paragraph (a).


Sec.  180.605  [Amended]

0
46. In Sec.  180.605, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.625  [Amended]

0
47. In Sec.  180.625, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).

[FR Doc. 2015-28491 Filed 11-19-15; 8:45 am]
BILLING CODE 6560-50-P