Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, et al.; Proposed Tolerance and Tolerance Exemption Actions, 42531-42539 [2017-18780]
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Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0128; FRL–9963–03]
RIN 2070–ZA16
Aluminum tris (O-ethylphosphonate),
Carbon disulfide, pChlorophenoxyacetic acid,
Cyromazine, Dichlobenil, et al.;
Proposed Tolerance and Tolerance
Exemption Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to revoke
certain tolerances for aluminum tris
(O-ethylphosphonate), carbon disulfide,
cyromazine, dichlobenil, isoxaben,
oxydemeton-methyl, propachlor,
sulfentrazone, and thiodicarb, and a
tolerance exemption for d-limonene.
Also, EPA is proposing to modify
certain tolerances for aluminum tris
(O-ethylphosphonate) and cyromazine,
and to establish new tolerances for
aluminum tris (O-ethylphosphonate),
cyromazine, dichlobenil, isoxaben, and
sulfentrazone, and new tolerance
exemptions for d-limonene and
tartrazine. In addition, EPA is proposing
to revise the tolerance expressions for
p-chlorophenoxyacetic acid and
dichlobenil, remove expired tolerances
for disulfoton, correct the listing of a
tolerance for thiacloprid, and correct the
listing of significant figures for certain
existing tolerances of specific pesticide
active ingredients.
DATES: Comments must be received on
or before November 7, 2017.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0128, 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
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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).
• 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
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EPA receives a comment within the 60day period to that effect, EPA will not
proceed to revoke the tolerance
immediately. However, EPA will take
steps to ensure the submission of any
needed supporting data and will issue
an order in the Federal Register under
the Federal Food, Drug, and Cosmetic
Act (FFDCA) section 408(f), if needed.
The order would specify data needed
and the timeframes for its submission,
and would require that within 90 days
some person or persons notify EPA that
they will submit the data. If the data are
not submitted as required in the order,
EPA will take appropriate action under
FFDCA.
EPA issues a final rule after
considering comments that are
submitted in response to this proposed
rule. In addition to submitting
comments in response to this proposal,
you may also submit an objection at the
time of the final rule. If you fail to file
an objection to the final rule within the
time period specified, you will have
waived the right to raise any issues
resolved in the final rule. After the
specified time, issues resolved in the
final rule cannot be raised again in any
subsequent proceedings.
II. Background
A. What action is the Agency taking?
EPA is proposing, in follow-up to
canceled product registrations or uses,
to revoke certain tolerances for carbon
disulfide (degradate of sodium
tetrathiocarbonate), dichlobenil,
oxydemeton-methyl, propachlor, and
thiodicarb; and to revoke a tolerance
exemption for insecticidal uses of
d-limonene in 40 CFR part 180 subpart
C (for tolerances) and concomitantly
establish two tolerance exemptions to
cover both the existing insecticidal and
herbicidal uses of d-limonene in 40 CFR
part 180 subpart D (for exemptions).
As part of registration review, EPA
will harmonize U.S. tolerances with
international Maximum Residue Limits
(MRLs) where possible. Therefore, EPA
is proposing to modify certain
tolerances for aluminum tris
(O-ethylphosphonate) and cyromazine
for harmonization purposes.
In a series of planned crop group
updates, EPA has revised crop
groupings to promote the greater use of
crop groupings for tolerance-setting
purposes and, in particular, to assist in
making available lower risk pesticides
for minor crops. EPA plans to
eventually convert tolerances for any
pre-existing crop group to tolerances
with coverage under the revised crop
group. This conversion will occur
through the registration review process
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and in the course of evaluating new uses
for a pesticide registration.
Consequently, the Agency is proposing
to update crop groupings or
subgroupings for aluminum tris
(O-ethylphosphonate), cyromazine,
isoxaben, and sulfentrazone.
Also, EPA is proposing to modify
certain tolerances for aluminum tris
(O-ethylphosphonate) and cyromazine,
and to establish a cherry tolerance for
dichlobenil (concomitant with a
proposed revocation of a stone fruit
group tolerance that is no longer
needed), and a new tolerance exemption
for tartrazine. In addition, EPA is
proposing to revise the tolerance
expressions for p-chlorophenoxyacetic
acid (to remove a metabolite that is not
considered to be a risk concern and to
revise it in accordance with current
Agency practice) and dichlobenil (to
revise it in accordance with current
Agency practice), remove expired
tolerances for disulfoton, correct the
listing of a tolerance for thiacloprid, and
correct the listing of significant figures
for certain existing tolerances of specific
pesticide active ingredients.
Detailed explanations for proposed
modifications or establishments of
tolerances or tolerance exemptions, or
tolerance expression changes other than
minor revisions in accordance with
current Agency practice, can be found
in the Human Health Risk Assessment
for Registration Review and the Interim
Registration Review Decision for the
following: aluminum tris
(O-ethylphosphonate), also known as
fosetyl-Al, in docket EPA–HQ–OPP–
2007–0379, p-chlorophenoxyacetic acid
in docket EPA–HQ–OPP–2014–0544
and the p-Chlorophenoxyacetic Acid
Product Chemistry and Residue
Chemistry Chapter for the Registration
Eligibility Decision (RED) is available in
docket EPA–HQ–OPP–2006–0036,
cyromazine in docket EPA–HQ–OPP–
2006–0108, isoxaben in docket EPA–
HQ–OPP–2007–1038, d-limonene in
docket EPA–HQ–OPP–2010–0673,
sulfentrazone in docket EPA–HQ–OPP–
2009–0624, and tartrazine, which is a
component of aquashade (see aquashade
in docket EPA–HQ–OPP–2015–0639),
available through EPA’s electronic
docket and comment system,
regulations.gov at https://
www.regulations.gov.
The selection of an individual
tolerance level is based on crop field
residue studies designed to produce the
maximum residues under the existing or
proposed product label. Generally, the
level selected for a tolerance is a value
slightly above the maximum residue
found in such studies, provided that the
tolerance is safe. The evaluation of
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whether a tolerance is safe is a separate
inquiry. EPA favors raising a tolerance
when data show that:
1. Lawful use (sometimes through a
label change) may result in a higher
residue level on the commodity; and
2. The tolerance remains safe,
notwithstanding increased residue level
allowed under the tolerance.
EPA also seeks to harmonize
tolerances with international standards
set by the Codex Alimentarius
Commission, as described in Unit III.
EPA has found that the tolerances that
are proposed in this document to be
modified, are safe; i.e., that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residues, in accordance with
FFDCA section 408(b)(2)(C). (Note that
changes to tolerance nomenclature do
not constitute modifications of
tolerances). These findings are
discussed in detail in each Human
Health Risk Assessment for Registration
Review.
Also, in accordance with current
Agency practice to describe more clearly
the measurement of residues for
tolerances and coverage of metabolites
and degradates of a pesticide by the
tolerances, EPA is proposing to make
minor revisions to the introductory text
for dichlobenil. The revisions to the
tolerance expression do not
substantively change the tolerance or, in
any way, modify the permissible level of
residues permitted by the tolerances.
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. Aluminum tris
(O-ethylphosphonate). EPA on its own
initiative, under FFDCA section 408(e),
21 U.S.C. 346a(e), is proposing to
establish tolerances in 40 CFR
180.415(a) for aluminum tris
(O-ethylphosphonate), also known as
fosetyl-Al, residues in or on bushberry
subgroup 13–07B at 40 ppm and fruit,
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pome, group 11–10 at 10 ppm
concomitant with the revocation of the
tolerances on bushberry subgroup 13B
at 40 ppm and fruit, pome, group 11 at
10 ppm. Also, based on available
residue data, the Agency determined
that harmonization with Canadian
MRLs for tolerances on caneberries,
citrus fruit, and ginseng is possible.
Therefore, based on its own initiative,
the Agency is proposing to establish
tolerances in 40 CFR 180.415(a) for
aluminum tris (O-ethylphosphonate)
residues in or on caneberry subgroup
13–07A at 0.05 ppm to harmonize with
Canadian MRLs, and in or on fruit,
citrus, group 10–10 at 9.0 ppm to
harmonize with Canadian MRLs,
concomitant with the revocation of the
tolerances on caneberry subgroup 13A
at 0.1 ppm and fruit, citrus, group 10 at
5.0 ppm. In addition, EPA is proposing
to decrease the tolerance in 40 CFR
180.415(a) on ginseng from 0.1 to 0.05
ppm to harmonize with the Canadian
MRL.
Also, in accordance with current
Agency practice to list significant
figures for tolerance values, EPA is
proposing to list existing tolerances in
180.415(a) for pineapple at 0.10 ppm,
pea, succulent at 0.30 ppm, onion, bulb
at 0.50 ppm, tomato at 3.0 ppm, and
onion, green at 10 ppm.
2. Carbon disulfide. Carbon disulfide
is a degradate of sodium
tetrathiocarbonate. In the Federal
Register notice of November 10, 2010
(75 FR 69073) (FRL–8851–5), EPA
announced its receipt of voluntary
requests by registrants to cancel certain
registrations, including the last sodium
tetrathiocarbonate products registered
for use on specific food commodities
(almond, grape, grapefruit, lemon,
orange, peach, plum, and prune) in the
United States. In the Federal Register
notice of February 25, 2011 (76 FR
10587) (FRL–8863–4), EPA published a
cancellation order in follow-up to the
November 10, 2010 notice and granted
the requested product cancellations for
sodium tetrathiocarbonate. EPA
permitted the registrant to sell and
distribute existing stocks of those
sodium tetrathiocarbonate products
until February 25, 2012 and persons
other than the registrant to sell,
distribute, and use existing stocks until
supplies are exhausted. EPA believes
that existing stocks are exhausted; i.e.,
more than 4 years after the registrant
was no longer permitted to sell and
distribute them, and therefore the
tolerances for them are no longer
needed and should be revoked.
Consequently, EPA is proposing to
revoke the tolerances in 40 CFR 180.467
for residues of carbon disulfide from the
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application of sodium
tetrathiocarbonate in or on almond;
almond, hulls; grape; grapefruit; lemon;
orange, sweet; peach; and plum, prune,
fresh.
3. p-Chlorophenoxyacetic acid (p-CPA
or 4–CPA). In the 1997 RED for 4–CPA
and the 1994 p-Chlorophenoxyacetic
Acid Product Chemistry and Residue
Chemistry Chapter for the RED, the
Agency recommended approval of a
registrant petition for the elimination of
the metabolite p-chlorophenol from the
tolerance expression, as it was not
considered a metabolite of risk concern.
Therefore, EPA is proposing in 40 CFR
180.202 to revise the introductory text
(remove the metabolite p-chlorophenol
from the tolerance expression) and also
revise it in accordance with current
Agency practice to describe more clearly
the measurement and scope or coverage
of tolerances to read as set out in the
proposed regulatory text at the end of
this document.
4. Cyromazine. The U.S. regulates
residues of cyromazine on cyromazine
only, which is not in harmony with the
tolerance expression in Canada, which
includes melamine, a metabolite of
cyromazine. In the Federal Register of
May 4, 2000 (65 FR 25857) (FRL–6556–
3), EPA removed melamine from the
U.S. tolerance expression for
cyromazine since the Agency no longer
considered melamine to be a residue of
concern. EPA does not have any
toxicological concerns for melamine
that could result from the use of the
pesticide cyromazine. In addition, the
acute and chronic dietary risk
assessments, and aggregate risk
assessment for the registration review of
cyromazine do not exceed the Agency’s
level of concern. The Agency
determined that specific cyromazine
tolerances increased for international
harmonization are safe; i.e., there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue. Therefore,
EPA has determined that it is
appropriate to numerically harmonize
certain U.S. tolerances with
international MRLs that are higher. On
its own initiative, under FFDCA section
408(e), 21 U.S.C. 346a(e), in order to
harmonize with the level of Canadian
MRLs for cyromazine, EPA is proposing
to increase tolerances in 40 CFR
180.414(a)(1) for cyromazine residues in
or on mushroom from 1.0 to 8.0 ppm,
pepper from 1.0 to 3.0 ppm, tomato
from 0.5 to 1.0 ppm, vegetable, brassica,
leafy, group 5, except broccoli from 10.0
to 35 ppm, vegetable, leafy, except
brassica, group 4 from 7.0 to 10 ppm,
and milk from 0.05 to 0.10 ppm; and
revoke the tolerance on onion, bulb at
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0.2 ppm and concomitantly establish a
tolerance on onion, bulb, subgroup
3–07A at 0.30 ppm.
Also, EPA on its own initiative, under
FFDCA section 408(e), 21 U.S.C.
346a(e), in order to harmonize with
certain higher Codex MRLs (defined as
cyromazine residues), believes the
tolerances in 40 CFR 180.414(a)(1) for
cyromazine residues in or on ‘‘kidney’’
of cattle, goats, hogs, horses, and sheep
should be increased from 0.2 to 0.30
ppm; and ‘‘meat byproducts, except
kidney’’ of cattle, goats, hogs, horses,
and sheep should be increased from
0.05 to 0.30 ppm. Because tolerances for
‘‘kidney’’ and ‘‘meat byproducts, except
kidney’’ for cattle, goats, hogs, horses,
and sheep would be revised to the same
tolerance levels at 0.30 ppm, EPA is
proposing to revoke the existing
tolerances in 40 CFR 180.414(a)(1) for
cyromazine residues in or on cattle,
kidney; goat, kidney; hog, kidney; horse,
kidney; sheep, kidney; cattle, meat
byproducts, except kidney; goat, meat
byproducts, except kidney; hog, meat
byproducts, except kidney; horse, meat
byproducts, except kidney; and sheep,
meat byproducts, except kidney and to
concomitantly establish tolerances at
0.30 ppm for cattle, meat byproducts;
goat, meat byproducts; hog, meat
byproducts; horse, meat byproducts;
and sheep, meat byproducts.
In addition, EPA on its own initiative,
under FFDCA section 408(e), 21 U.S.C.
346a(e), in order to harmonize with
Codex MRLs, is proposing to increase
tolerances in 40 CFR 180.414(a)(1) for
cyromazine residues in or on egg from
0.25 to 0.30 ppm; cattle, meat; goat,
meat; hog, meat; horse, meat; and sheep,
meat from 0.05 to 0.30 ppm; mango
from 0.3 to 0.50 ppm; poultry, meat
(from chicken layer hens and chicken
breeder hens only) from 0.05 to 0.10
ppm; poultry, meat byproducts (from
chicken layer hens and chicken breeder
hens only) from 0.05 to 0.20 ppm; and
vegetable, cucurbit, group 9 from 1.0 to
2.0 ppm.
Also, registrations exist for use of
cyromazine for fly control in mushroom
compost and as a feed-through fly
control agent for chicken manure, and
such cyromazine-treated manure from
chickens may be used as a soil fertilizer
supplement. A greenhouse rotational
crop study showed a maximum
cyromazine residue level of 0.08 ppm in
spring wheat straw from an application
rate of 0.05 lb active ingredient (ai) per
acre (A). Data from a magnitude of
residue study in poultry excreta
topically treated with cyromazine
showed residues of 40 ppm in manure
at day 24. At 40 ppm (40 mg ai/kg
manure or 18.2 mg ai/pound (lb)
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manure), the maximum label
application rate of 4 tons treated manure
per acre (8000 lb manure/A) is
calculated to result in residues of
cyromazine of 0.15 kg ai/A or 0.33 lb ai/
A, which is 7X (0.33 lb
ai/A vs. 0.05 lb ai/A) the rate used in the
greenhouse study. Therefore, to support
current registrations, the Agency
determined that at the maximum
application rate, indirect or inadvertent
residue tolerances at 0.60 ppm (7 × 0.08
ppm) were needed for crops that do not
have current tolerances established
based on direct application of
cyromazine. Consequently, EPA is
proposing to re-designate 40 CFR
180.414(d) into § 180.414(d)(1),
establish § 180.414(d)(2), and in newly
designated 40 CFR 180.414(d)(2) to add
introductory text and establish
tolerances for indirect and inadvertent
residues of cyromazine resulting from
crops grown in soil amended with
cyromazine treated fertilizer at 0.60
ppm for the following: grain, cereal,
forage, fodder and straw, group 16;
grain, cereal, group 15; herbs and spices,
group 19; oilseed, group 20; onion, bulb,
subgroup 3–07A; strawberry; vegetable,
foliage of legume, group 7; vegetable,
fruiting, group 8–10; vegetable, leaves of
root and tuber, group 2; vegetable,
legume, group 6; and vegetable, root and
tuber, group 1.
Also, in accordance with current
Agency practice to list significant
figures for tolerance values, EPA is
proposing to list existing tolerances in
40 CFR 180.414(a)(1) for garlic; garlic,
great-headed, bulb; rakkyo, bulb; and
shallot, bulb at 0.20 ppm, potato at 0.80
ppm, and cabbage, abyssinian; cabbage,
seakale; hanover salad, leaves; and
turnip, greens at 10 ppm, and tolerances
in newly designated 40 CFR
180.414(d)(1) for cotton, undelinted
seed at 0.10 ppm, and corn, sweet,
kernel plus cob with husks removed;
corn, sweet, forage; corn, sweet, stover;
radish, roots; and radish, tops at 0.50
ppm.
5. Dichlobenil. Cherry is the only
registered stone fruit for dichlobenil
since 1995, and therefore, with the
exception of a need for a tolerance to
cover cherry, the crop group tolerance
for stone fruit is no longer needed and
should be revoked. Consequently, in 40
CFR 180.231 for dichlobenil residues of
concern, EPA is proposing to revoke the
tolerance on fruit, stone, group 12 at
0.15 ppm and to concomitantly
establish a tolerance on cherry at 0.15
ppm.
In accordance with current Agency
practice to describe more clearly the
measurement and scope or coverage of
tolerances, EPA is proposing to revise
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the introductory text in 40 CFR
180.231(a) to read as set out in the
proposed regulatory text at the end of
this document. Also, in accordance with
current Agency practice to list
significant figures for tolerance values,
EPA is proposing to list existing
tolerances in § 180.231(a) for cranberry
and hazelnut at 0.10 ppm, and apple
and pear at 0.50 ppm.
6. Disulfoton. Because the tolerances
in 40 CFR 180.183 for disulfoton
residues of concern all expired from
December 31, 2013 to December 31,
2014, EPA is proposing to remove that
section in its entirety.
7. Isoxaben. EPA on its own initiative,
under FFDCA section 408(e), 21. U.S.C.
346a(e), is proposing to establish a
tolerance in 40 CFR 180.650(a) for
isoxaben residues in or on nut, tree,
group 14–12 at 0.02 ppm. The Agency
is also proposing to revoke the existing
tolerances in 40 CFR 180.650(a) for nut,
tree, group 14 at 0.02 ppm and pistachio
at 0.02 ppm since they will be
superseded by the newly established
tolerance.
8. d-Limonene. Currently, under 40
CFR 180.539, subpart C (the subpart for
specific tolerances), a tolerance
exemption for d-limonene exists when
used in insect-repellent tablecloths and
in insect-repellent strips in food- or
feed-handling establishments. Although
there are no active registrations in the
U.S. for those d-limonene uses, there are
active registrations for d-limonene uses
as an insecticide in kitchens and
pantries. As an active ingredient, it is
also registered for food or feed crop uses
as an herbicide. In order to support both
the existing herbicidal and insecticidal
uses of d-limonene, the Agency
determined that an exemption from the
requirement of a tolerance should be
established for each of them under 40
CFR part 180, subpart D, the subpart for
exemptions from tolerances. Therefore,
EPA is proposing to establish two
tolerance exemptions under 40 CFR part
180, subpart D, in newly designated
§ 180.1342, to cover both registered uses
of d-limonene concomitant with the
revocation of the tolerance exemption in
40 CFR 180.539, in subpart C, by
removing that section in its entirety.
9. Oxydemeton-methyl (S-(2(Ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate). In the Federal
Register notice of February 20, 2013 (78
FR 11881) (FRL–9378–9), EPA
announced its receipt of voluntary
requests by registrants to cancel certain
registrations, including the last
oxydemeton-methyl products registered
for use on food commodities in the
United States. In the Federal Register
notice of May 1, 2013 (78 FR 25438)
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(FRL–9384–7), EPA published a
cancellation order in follow-up to the
February 20, 2013 notice and granted
the requested product cancellations for
oxydemeton methyl. EPA permitted the
registrant to sell and distribute existing
stocks of those oxydemeton methyl
products until December 31, 2014 and
persons other than the registrant to sell
and distribute until December 31, 2016,
and end users to use existing stocks
until supplies are exhausted. EPA
believes that existing stocks are likely to
be exhausted by December 31, 2017.
Therefore, EPA is proposing to revoke
the tolerances in 40 CFR 180.330(a)(1)
for oxydemeton-methyl residues of
concern in or on alfalfa, forage; alfalfa,
hay; bean, lima; beet, sugar, roots; beet,
sugar, tops; broccoli; Brussels sprouts;
cabbage; cauliflower; clover, forage;
clover, hay; corn, sweet, forage; corn,
sweet, kernel plus cob with husks
removed; corn, sweet, stover; cotton,
undelinted seed; cucumber; eggplant;
grapefruit; hazelnut; lemon; lettuce,
head; melon; onion, bulb; orange;
pepper; peppermint, tops; pumpkin;
safflower, seed; sorghum, forage, forage;
sorghum, grain, forage; sorghum, grain,
grain; spearmint, tops; squash, summer;
squash, winter; strawberry; and walnut;
in 40 CFR 180.330(a)(2) for cattle, fat;
cattle, meat; cattle, meat byproducts;
egg; goat, fat; goat, meat; goat, meat
byproducts; hog, fat; hog, meat; hog,
meat byproducts; horse, fat; horse, meat;
horse, meat byproducts; milk; poultry,
fat; poultry, meat; poultry, meat
byproducts; sheep, fat; sheep, meat; and
sheep, meat byproducts; and in 40 CFR
180.330(c) for broccoli raab; each with
an expiration/revocation date of
December 31, 2017.
Also, in accordance with current
Agency practice to list significant
figures for tolerance values, EPA is
proposing to list existing tolerances in
§ 180.330(a)(1) for bean, lima; melon;
and pumpkin at 0.20 ppm, beet, sugar,
roots and squash, winter at 0.30 ppm,
and beet, sugar, tops and corn, sweet,
kernel plus cob with husks removed at
0.50 ppm, and alfalfa, hay at 11 ppm.
10. Propachlor. Because there have
been no active propachlor registrations
for over 5 years, there is no longer a
need for the tolerances. Therefore, the
propachlor tolerances should be
revoked. Consequently, EPA is
proposing to revoke the tolerances in 40
CFR 180.211(a) for propachlor residues
of concern in or on cattle, fat; cattle,
kidney; cattle, meat; cattle, meat
byproducts, except kidney; corn, field,
forage; corn, field, grain; corn, field,
stover; corn, sweet, forage; goat, fat;
goat, kidney; goat, meat; goat, meat
byproducts, except kidney; hog, fat; hog,
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meat; hog, meat byproducts; horse, fat;
horse, kidney; horse, meat; horse, meat
byproducts, except kidney; milk; sheep,
fat; sheep, kidney; sheep, meat; sheep,
meat byproducts, except kidney;
sorghum, forage, forage; sorghum, grain,
forage; sorghum, grain, grain; and
sorghum, grain, stover.
11. Sulfentrazone. As described
previously in Unit II of this document,
regarding crop group updates, EPA on
its own initiative, under FFDCA section
408(e), 21. U.S.C. 346a(e), is proposing
to establish a tolerance in 40 CFR
180.498(a)(2) for sulfentrazone residues
of concern in or on nut, tree, group 14–
12 at 0.15 ppm. The Agency is also
proposing to revoke the existing
tolerances in 40 CFR 180.498(a)(2) for
nut, tree, group 14 at 0.15 ppm and
pistachio at 0.15 ppm since they will be
superseded by the newly established
tolerance. Also, in order to conform to
current Agency practice, EPA is
proposing in 40 CFR 180.498(a)(2) to
revise the commodity terminology for
‘‘flax’’ to ‘‘flax, seed.’’ In addition, in
accordance with current Agency
practice to list significant figures for
tolerance values, EPA is proposing to
list existing tolerances for indirect or
inadvertent residues in 40 CFR
180.498(d) for grain, cereal, forage,
fodder and straw, group 16, except
sweet corn; stover; and grain, cereal,
group 15, except sweet corn at 0.10
ppm; grain, cereal, forage, fodder and
straw, group 16, except sweet corn;
forage; and grain, cereal, forage, fodder
and straw, group 16, except sweet corn;
hay at 0.20 ppm; and grain, cereal,
forage, fodder and straw, group 16,
except sweet corn; straw at 0.60 ppm.
12. Tartrazine. In order to support
existing registrations for tartrazine, a
dye also known as F.D.&C. Yellow No.
5 or Acid Yellow 23, when used as an
aquatic plant control agent, EPA
recommended (in the 2005 RED for
Aquashade) that an exemption from the
requirement of a tolerance should be
established since treated water may be
used for irrigation of crops, livestock
watering, and fishing. Therefore, EPA is
proposing to establish an exemption
from a tolerance for tartrazine when
used as an aquatic plant control agent
under 40 CFR part 180, subpart D, in
newly designated § 180.1343.
13. Thiacloprid. In the Federal
Register proposed and final rules of July
22, 2015 (80 FR 43373) (FRL–9929–12)
and June 1, 2016 (81 FR 34902) (FRL–
9943–73), EPA inadvertently revised the
listing for the tolerance at 0.05 ppm in
40 CFR 180.594(a) from Plum subgroup
12–12C to Peach subgroup 12–12C.
Consequently, EPA is proposing in 40
CFR 180.594(a) to correct the listing for
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the tolerance as Plum subgroup 12–12C
at 0.05 ppm.
14. Thiodicarb. In the Federal
Register of October 17, 2014 (79 FR
62439) (FRL–9916–78), among other
actions requested, EPA announced
receipt of request from the registrant to
amend the sole technical registration to
delete the last uses of thiodicarb for
broccoli, cabbage, cauliflower, sweet
corn, and leafy vegetables. EPA
approved the use deletions effective
November 17, 2014 since the registrant
did not withdraw the request and there
were no significant public comments.
Previously, the last end-use registrations
of thiodicarb for broccoli, cabbage,
cauliflower, sweet corn, and leafy
vegetables had been canceled, due to
non-payment of the maintenance fee, in
the Federal Register of June 26, 2013
(78 FR 38319) (FRL–9388–4), and
permitted the registrant to sell and
distribute existing stocks until January
15, 2014. Therefore, EPA believes that
existing stocks of end-use registrations
for these thiodicarb uses were exhausted
two to three years ago, and the
tolerances are no longer needed.
Consequently, EPA is proposing to
revoke the tolerances in 40 CFR
180.407(a) for broccoli; cabbage;
cauliflower; corn, sweet, kernel plus cob
with husks removed; and vegetable,
leafy, except brassica, group 4.
B. What is the Agency’s authority for
taking this action?
A ‘‘tolerance’’ represents the
maximum level for residues of pesticide
chemicals legally allowed in or on raw
agricultural commodities and processed
foods. Section 408 of FFDCA, 21 U.S.C.
346a, authorizes the establishment of
tolerances, exemptions from tolerance
requirements, modifications in
tolerances, and revocation of tolerances
for residues of pesticide chemicals in or
on raw agricultural commodities and
processed foods. Without a tolerance or
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under FFDCA
section 402(a), 21 U.S.C. 342(a). Such
food may not be distributed in interstate
commerce, 21 U.S.C. 331(a). For a fooduse pesticide to be sold and distributed,
the pesticide must not only have
appropriate tolerances under the
FFDCA, but also must be registered
under FIFRA, 7 U.S.C. 136 et seq. Fooduse pesticides not registered in the
United States must have tolerances in
order for commodities treated with
those pesticides to be imported into the
United States.
EPA’s general practice is to propose
revocation of tolerances for residues of
pesticide active ingredients on crops for
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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
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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
oxydemeton-methyl, 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 oxydemetonmethyl, 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
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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 aluminum tris
(O-ethylphosphonate), carbon disulfide
(degradate of sodium
tetrathiocarbonate), pchlorophenoxyacetic acid (p-CPA),
isoxaben, d-limonene, propachlor,
sulfentrazone, tartrazine, thiodicarb, or
dichlobenil in or on cherry.
The Codex has established MRLs for
cyromazine in or on [cucumber at 2 mg/
kg; edible offal (mammalian) and eggs at
0.3 mg/kg; mango at 0.5 mg/kg; poultry
meat at 0.1 mg/kg; and poultry, edible
offal at 0.2 mg/kg. These MRLs are
currently different, but the same as
certain proposed U.S. tolerances (to
harmonize with Codex MRLs) for
cyromazine in the United States.
The Codex has established MRLs for
oxydemeton-methyl in or on various
commodities, including cauliflower and
sugar beet at 0.01 mg/kg; fat of cattle,
poultry, and sheep, meat of cattle, hogs,
sheep, and poultry, and cotton seed at
0.05 mg/kg; and lemon at 0.2 mg/kg.
These MRLs are different than the
tolerances, proposed for revocation, for
oxydemeton-methyl in the United States
because of differences in use patterns,
and/or good agricultural practices.
IV. Statutory and Executive Order
Reviews
In this proposed rule, EPA is
proposing to establish tolerances under
FFDCA section 408(e), and also modify
and revoke specific tolerances
established under FFDCA section 408.
The Office of Management and Budget
(OMB) has exempted these types of
actions (e.g., establishment and
modification of a tolerance and
tolerance revocation for which
extraordinary circumstances do not
exist) from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
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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
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 of May 4, 1981 (46 FR
24950) and December 17, 1997 (62 FR
66020) (FRL–5753–1), respectively, and
were provided to the Chief Counsel for
Advocacy of the Small Business
Administration. Taking into account
this analysis, and available information
concerning the pesticides listed in this
proposed rule, the Agency hereby
certifies that this proposed rule will not
have a significant negative economic
impact on a substantial number of small
entities. In a memorandum dated May
25, 2001, EPA determined that eight
conditions must all be satisfied in order
for an import tolerance or tolerance
exemption revocation to adversely affect
a significant number of small entity
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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
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
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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.
§ 180.183
[Removed]
2. Remove § 180.183.
3. In § 180.202, revise the introductory
text in paragraph (a) to read as follows:
■
■
§ 180.202 p-Chlorophenoxyacetic acid;
tolerances for residues.
(a) General. A tolerance is established
for residues of the plant regulator pchlorophenoxyacetic acid, including its
metabolites and degradates, in or on the
commodity in the table in this
paragraph (a). Compliance with the
tolerance level specified in this
paragraph (a) is to be determined by
measuring only p-chlorophenoxyacetic
acid, in or on the commodity.
*
*
*
*
*
§ 180.211
[Removed]
4. Remove § 180.211.
5. In § 180.231, revise paragraph (a) to
read as follows:
Dated: June 23, 2017.
Richard P. Keigwin, Jr.,
Acting Director, Office of Pesticide Programs.
■
■
Therefore, it is proposed that 40 CFR
part 180 be amended as follows:
§ 180.231 Dichlobenil; tolerances for
residues.
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
(a) General. Tolerances are
established for residues of dichlobenil,
including its metabolites and
degradates, in or on the commodities in
the table in this paragraph (a).
Compliance with the tolerance levels
specified in this paragraph (a) is to be
determined by measuring only the sum
of dichlobenil (2,6-dichlorobenzonitrile)
and its BAM metabolite (2,6dichlorobenzamide), calculated as the
stoichiometric equivalent of
dichlobenil, in or on the commodity.
Apple .........................................
Bushberry subgroup 13–07B ....
Caneberry subgroup 13–07A ...
Cherry .......................................
Cranberry ..................................
Grape ........................................
Hazelnut ....................................
Pear ..........................................
Rhubarb ....................................
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*
*
*
*
6. In § 180.330, revise the tables in
paragraphs (a)(1), (a)(2), and (c) to read
as follows:
■
§ 180.330 S-(2-(Ethylsulfinyl)ethyl) O,Odimethyl phosphorothioate; tolerances for
residues.
(a) * * *
(1) * * *
Parts per
million
Fmt 4702
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0.50
0.15
0.10
0.15
0.10
0.15
0.10
0.50
0.06
*
Alfalfa, forage ...........................................................................................................................................................
Alfalfa, hay ...............................................................................................................................................................
Bean, lima ................................................................................................................................................................
Beet, sugar, roots ....................................................................................................................................................
Beet, sugar, tops .....................................................................................................................................................
Broccoli ....................................................................................................................................................................
Brussels sprouts ......................................................................................................................................................
Cabbage ..................................................................................................................................................................
Cauliflower ...............................................................................................................................................................
Clover, forage ..........................................................................................................................................................
Clover, hay ...............................................................................................................................................................
Corn, sweet, forage .................................................................................................................................................
Corn, sweet, kernel plus cob with husks removed .................................................................................................
Corn, sweet, stover ..................................................................................................................................................
Cotton, undelinted seed ...........................................................................................................................................
Cucumber ................................................................................................................................................................
Eggplant ...................................................................................................................................................................
Grapefruit .................................................................................................................................................................
Hazelnut ...................................................................................................................................................................
Lemon ......................................................................................................................................................................
Lettuce, head ...........................................................................................................................................................
Melon .......................................................................................................................................................................
Onion, bulb ..............................................................................................................................................................
Orange .....................................................................................................................................................................
Pepper .....................................................................................................................................................................
Peppermint, tops ......................................................................................................................................................
Pumpkin ...................................................................................................................................................................
Safflower, seed ........................................................................................................................................................
Sorghum, forage, forage ..........................................................................................................................................
Sorghum, grain, forage ............................................................................................................................................
Sorghum, grain, grain ..............................................................................................................................................
Spearmint, tops ........................................................................................................................................................
Squash, summer ......................................................................................................................................................
Squash, winter .........................................................................................................................................................
Strawberry ................................................................................................................................................................
Walnut ......................................................................................................................................................................
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million
Commodity
Commodity
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5.0
11
0.20
0.30
0.50
1.0
1.0
2.0
1.0
5.0
10.0
1.0
0.50
3.0
0.02
1.0
1.0
1.0
0.05
1.0
2.0
0.20
0.05
1.0
0.75
12.5
0.20
1.0
2.0
2.0
0.75
12.5
1.0
0.30
2.0
0.05
Expiration/
revocation
date
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
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(2) * * *
Parts per
million
Commodity
Cattle, fat .................................................................................................................................................................
Cattle, meat .............................................................................................................................................................
Cattle, meat byproducts ...........................................................................................................................................
Egg ...........................................................................................................................................................................
Goat, fat ...................................................................................................................................................................
Goat, meat ...............................................................................................................................................................
Goat, meat byproducts ............................................................................................................................................
Hog, fat ....................................................................................................................................................................
Hog, meat ................................................................................................................................................................
Hog, meat byproducts .............................................................................................................................................
Horse, fat .................................................................................................................................................................
Horse, meat .............................................................................................................................................................
Horse, meat byproducts ..........................................................................................................................................
Milk ...........................................................................................................................................................................
Poultry, fat ................................................................................................................................................................
Poultry, meat ............................................................................................................................................................
Poultry, meat byproducts .........................................................................................................................................
Sheep, fat ................................................................................................................................................................
Sheep, meat ............................................................................................................................................................
Sheep, meat byproducts ..........................................................................................................................................
*
*
*
(c) * * *
*
*
Broccoli raab .........
*
*
§ 180.407
*
Expiration/
revocation
date
Parts per
million
Commodity
*
2.0
12/31/17
*
[Amended]
7. In § 180.407, remove the entries for
‘‘Broccoli,’’ ‘‘Cabbage,’’ ‘‘Cauliflower,’’
‘‘Corn, sweet, kernel plus cob with
husks removed,’’ and ‘‘Vegetable, leafy,
except brassica, group 4’’ from the table
in paragraph (a).
■ 8. In § 180.414, revise the table in
paragraph (a)(1), and revise paragraph
(d) to read as follows:
■
§ 180.414 Cyromazine; tolerances for
residues.
(a) * * *
(1) * * *
Parts per
million
sradovich on DSK3GMQ082PROD with PROPOSALS
Commodity
Bean, dry, except cowpea ..........
Bean, lima ...................................
Bean, succulent ..........................
Broccoli .......................................
Cabbage, abyssinian ..................
Cabbage, seakale .......................
Cattle, fat ....................................
Cattle, meat ................................
Cattle, meat byproducts .............
Egg .............................................
Garlic ..........................................
Garlic, great-headed, bulb ..........
Goat, fat ......................................
Goat, meat ..................................
Goat, meat byproducts ...............
Hanover salad, leaves ................
VerDate Sep<11>2014
Parts per
million
Commodity
16:39 Sep 07, 2017
Jkt 241001
3.0
1.0
2.0
1.0
10
10
0.05
0.30
0.30
0.30
0.20
0.20
0.05
0.30
0.30
10
Hog, fat .......................................
Hog, meat ...................................
Hog, meat byproducts ................
Horse, fat ....................................
Horse, meat ................................
Horse, meat byproducts .............
Leek ............................................
Mango 1 .......................................
Milk .............................................
Mushroom ...................................
Onion, bulb, subgroup 3–07A ....
Onion, green ...............................
Onion, potato ..............................
Onion, tree ..................................
Onion, welsh ...............................
Pepper ........................................
Potato .........................................
Poultry, fat (from chicken layer
hens and chicken breeder
hens only) ...............................
Poultry, meat (from chicken layer
hens and chicken breeder
hens only) ...............................
Poultry, meat byproducts (from
chicken layer hens and chicken breeder hens only) .............
Rakkyo, bulb ...............................
Shallot, bulb ................................
Shallot, fresh leaves ...................
Sheep, fat ...................................
Sheep, meat ...............................
Sheep, meat byproducts ............
Tomato ........................................
Turnip, greens ............................
Vegetable, brassica, leafy, group
5, except broccoli ....................
Vegetable, leafy, except brassica, group 4 ...........................
Vegetable, cucurbit, group 9 ......
0.05
0.30
0.30
0.05
0.30
0.30
3.0
0.50
0.10
8.0
0.30
3.0
3.0
3.0
3.0
3.0
0.80
0.05
0.10
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
Expiration/
revocation
date
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
12/31/17
(d)(1) Indirect or inadvertent residues.
Tolerances are established for indirect
or inadvertent residues of the
insecticide cyromazine, including its
metabolites and degradates, in or on the
commodities in the table in this
paragraph (d)(1) when present therein as
a result of the application of cyromazine
to growing crops listed in paragraph
(a)(1) of this section. Compliance with
the tolerance levels specified in this
paragraph (d)(1) is to be determined by
measuring only cyromazine, Ncyclopropyl-1,3,5-triazine-2,4,6triamine, in or on the commodity.
Commodity
Cotton, undelinted seed .......
Corn, sweet, kernel plus cob
with husks removed ..........
Corn, sweet, forage ..............
Corn, sweet, stover ..............
Radish, roots ........................
Radish, tops ..........................
Parts per
million
0.10
0.50
0.50
0.50
0.50
0.50
(2) Indirect or inadvertent residues.
Tolerances are established for indirect
or inadvertent residues of the
insecticide cyromazine, including its
metabolites and degradates, in or on the
commodities in the table in this
paragraph (d)(2) when present therein as
a result of the application of fertilizer
containing cyromazine to growing crops
that do not have a higher tolerance in
35
paragraph (a)(1) of this section.
10 Compliance with the tolerance levels
2.0 specified in this paragraph (d)(2) is to be
determined by measuring only
1 There are no U.S. registrations on mango
cyromazine, N-cyclopropyl-1,3,5as of May 4, 2000.
triazine-2,4,6-triamine, in or on the
commodity.
*
*
*
*
*
PO 00000
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0.20
0.20
0.20
3.0
0.05
0.30
0.30
1.0
10
E:\FR\FM\08SEP1.SGM
08SEP1
42539
Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules
§ 180.498 Sulfentrazone; tolerances for
residues.
Parts per
million
Commodity
Grain, cereal, forage, fodder
and straw, group 16 ..........
Grain, cereal, group 15 ........
Herbs and spices, group 19
Oilseed, group 20 .................
Onion, bulb, subgroup 3–07A
Strawberry ............................
Vegetable, foliage of legume,
group 7 ..............................
Vegetable, fruiting, group 8–
10 ......................................
Vegetable, leaves of root
and tuber, group 2 ............
Vegetable, legume, group 6
Vegetable, root and tuber,
group 1 ..............................
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
0.60
9. In § 180.415, revise the table in
paragraph (a) to read as follows:
■
§ 180.415 Aluminum tris (Oethylphosphonate); tolerances for residues.
(a) * * *
Parts per
million
Commodity
Avocado ................................
Banana .................................
Bushberry subgroup 13–07B
Caneberry subgroup 13–07A
Cranberry ..............................
Fruit, citrus, group 10–10 .....
Fruit, pome, group 11–10 .....
Ginseng ................................
Hop, dried cones ..................
Juneberry ..............................
Lingonberry ...........................
Nut, macadamia ...................
Onion, bulb ...........................
Onion, green .........................
Pea, succulent ......................
Pepper/eggplant, subgroup
8–10B ................................
Pineapple ..............................
Salal ......................................
Strawberry ............................
Tomato ..................................
Turnip, greens ......................
Turnip, roots .........................
Vegetable, brassica, leafy,
group 5 ..............................
Vegetable, cucurbit, group 9
Vegetable, leafy, except
brassica, group 4 ..............
*
*
§ 180.467
*
*
25
3.0
40
0.05
0.5
9.0
10
0.05
45
40
40
0.20
0.50
10
0.30
60
15
100
*
[Removed]
10. Remove § 180.467.
■ 11. In § 180.498, revise the tables in
paragraphs (a)(2) and (d) to read as
follows:
sradovich on DSK3GMQ082PROD with PROPOSALS
16:39 Sep 07, 2017
Jkt 241001
Parts per
million
§ 180.539
■
Apple .....................................
Asparagus .............................
Berry and small fruit, group
13–07 ................................
Brassica, head and stem,
subgroup 5A ......................
Brassica, leafy greens, subgroup 5B ...........................
Corn, field, forage .................
Corn, field, grain ...................
Corn, field, stover .................
Flax, seed .............................
Fruit, citrus, group 10–10 .....
Horseradish ..........................
Melon, subgroup 9A .............
Nut, tree, group 14–12 .........
Pea and bean, dried shelled,
except soybean, subgroup
6C ......................................
Pea, succulent ......................
Peanut ..................................
Peanut, meal ........................
Peppermint, tops ..................
Rhubarb ................................
Spearmint, tops ....................
Sugarcane, cane ..................
Sugarcane, molasses ...........
Sunflower subgroup 20B ......
Turnip, roots .........................
Turnip, tops ...........................
Vegetable, fruiting, group 8–
10 ......................................
Vegetable, soybean, succulent .................................
Vegetable, tuberous and
corm, subgroup 1C ...........
*
*
(d) * * *
*
*
Commodity
Grain, cereal (excluding
sweet corn), hulls ..............
Grain, cereal, forage, fodder
and straw, group 16, except sweet corn; forage ....
Grain, cereal, forage, fodder
and straw, group 16, except sweet corn; hay .........
Grain, cereal, forage, fodder
and straw, group 16, except sweet corn; stover .....
Grain, cereal, forage, fodder
and straw, group 16, except sweet corn; straw ......
Grain, cereal, group 15, except sweet corn .................
PO 00000
Frm 00053
Parts per
million
Grain, cereal, group 15, except sweet corn; bran .......
Commodity
*
0.01
0.10
40
75
3.0
40
15
■
VerDate Sep<11>2014
(a) * * *
(2) * * *
Commodity
Fmt 4702
Sfmt 9990
0.15
0.15
0.15
[Removed]
12. Remove § 180.539.
§ 180.594
[Amended]
13. In § 180.594, in the table in
paragraph (a), remove the text ‘‘Peach
subgroup 12–12C 1’’, add in its place the
text ‘‘Plum subgroup 12–12C 1’’, and
designate the entry for ‘‘Plum subgroup
12–12C 1’’ in alphabetical order.
■ 14. In § 180.650, revise the table in
paragraph (a) to read as follows:
■
0.15
0.20
0.40
0.20
0.15
0.30
0.15
0.15
0.20
0.15
0.15
§ 180.650 Isoxaben; tolerances for
residues.
(a) * * *
Commodity
0.15
0.15
0.20
0.40
0.30
0.15
0.30
0.15
0.20
0.20
0.15
0.60
Parts per
million
Almond, hulls ........................
Grape ....................................
Nut, tree group 14–12 ..........
0.40
0.01
0.02
*
*
*
*
*
15. Add § 180.1342 to subpart D to
read as follows:
■
§ 180.1342 d-Limonene; exemption from
the requirement of a tolerance.
(a) An exemption from the
requirement of a tolerance is established
0.15
for residues of d-limonene, (4R)-10.15 methyl-4-(1-methylethenyl)cyclohexene,
in or on all food commodities when
0.15 applied as an herbicide used in
accordance with good agricultural
practices.
(b) A exemption from the requirement
of a tolerance is established for residues
Parts per
of d-limonene, (4R)-1-methyl-4-(1million
methylethenyl)cyclohexene, in or on all
food commodities when applied as an
insecticide in kitchens and pantries.
0.30
■ 16. Add § 180.1343 to subpart D to
read as follows:
0.20
0.20
0.10
0.60
§ 180.1343 Tartrazine; exemption from the
requirement of a tolerance.
An exemption from the requirement
of a tolerance is established for residues
of tartrazine (F.D.&C. Yellow No. 5 or
Acid Yellow 23), in or on all food
commodities when used as an aquatic
plant control agent.
[FR Doc. 2017–18780 Filed 9–7–17; 8:45 am]
0.10
BILLING CODE 6560–50–P
E:\FR\FM\08SEP1.SGM
08SEP1
Agencies
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Proposed Rules]
[Pages 42531-42539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18780]
[[Page 42531]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2017-0128; FRL-9963-03]
RIN 2070-ZA16
Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-
Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, et al.; Proposed
Tolerance and Tolerance Exemption Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to revoke certain tolerances for aluminum
tris (O-ethylphosphonate), carbon disulfide, cyromazine, dichlobenil,
isoxaben, oxydemeton-methyl, propachlor, sulfentrazone, and thiodicarb,
and a tolerance exemption for d-limonene. Also, EPA is proposing to
modify certain tolerances for aluminum tris (O-ethylphosphonate) and
cyromazine, and to establish new tolerances for aluminum tris (O-
ethylphosphonate), cyromazine, dichlobenil, isoxaben, and
sulfentrazone, and new tolerance exemptions for d-limonene and
tartrazine. In addition, EPA is proposing to revise the tolerance
expressions for p-chlorophenoxyacetic acid and dichlobenil, remove
expired tolerances for disulfoton, correct the listing of a tolerance
for thiacloprid, and correct the listing of significant figures for
certain existing tolerances of specific pesticide active ingredients.
DATES: Comments must be received on or before November 7, 2017.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0128, 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).
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 carbon disulfide (degradate of
sodium tetrathiocarbonate), dichlobenil, oxydemeton-methyl, propachlor,
and thiodicarb; and to revoke a tolerance exemption for insecticidal
uses of d-limonene in 40 CFR part 180 subpart C (for tolerances) and
concomitantly establish two tolerance exemptions to cover both the
existing insecticidal and herbicidal uses of d-limonene in 40 CFR part
180 subpart D (for exemptions).
As part of registration review, EPA will harmonize U.S. tolerances
with international Maximum Residue Limits (MRLs) where possible.
Therefore, EPA is proposing to modify certain tolerances for aluminum
tris (O-ethylphosphonate) and cyromazine for harmonization purposes.
In a series of planned crop group updates, EPA has revised crop
groupings to promote the greater use of crop groupings for tolerance-
setting purposes and, in particular, to assist in making available
lower risk pesticides for minor crops. EPA plans to eventually convert
tolerances for any pre-existing crop group to tolerances with coverage
under the revised crop group. This conversion will occur through the
registration review process
[[Page 42532]]
and in the course of evaluating new uses for a pesticide registration.
Consequently, the Agency is proposing to update crop groupings or
subgroupings for aluminum tris (O-ethylphosphonate), cyromazine,
isoxaben, and sulfentrazone.
Also, EPA is proposing to modify certain tolerances for aluminum
tris (O-ethylphosphonate) and cyromazine, and to establish a cherry
tolerance for dichlobenil (concomitant with a proposed revocation of a
stone fruit group tolerance that is no longer needed), and a new
tolerance exemption for tartrazine. In addition, EPA is proposing to
revise the tolerance expressions for p-chlorophenoxyacetic acid (to
remove a metabolite that is not considered to be a risk concern and to
revise it in accordance with current Agency practice) and dichlobenil
(to revise it in accordance with current Agency practice), remove
expired tolerances for disulfoton, correct the listing of a tolerance
for thiacloprid, and correct the listing of significant figures for
certain existing tolerances of specific pesticide active ingredients.
Detailed explanations for proposed modifications or establishments
of tolerances or tolerance exemptions, or tolerance expression changes
other than minor revisions in accordance with current Agency practice,
can be found in the Human Health Risk Assessment for Registration
Review and the Interim Registration Review Decision for the following:
aluminum tris (O-ethylphosphonate), also known as fosetyl-Al, in docket
EPA-HQ-OPP-2007-0379, p-chlorophenoxyacetic acid in docket EPA-HQ-OPP-
2014-0544 and the p-Chlorophenoxyacetic Acid Product Chemistry and
Residue Chemistry Chapter for the Registration Eligibility Decision
(RED) is available in docket EPA-HQ-OPP-2006-0036, cyromazine in docket
EPA-HQ-OPP-2006-0108, isoxaben in docket EPA-HQ-OPP-2007-1038, d-
limonene in docket EPA-HQ-OPP-2010-0673, sulfentrazone in docket EPA-
HQ-OPP-2009-0624, and tartrazine, which is a component of aquashade
(see aquashade in docket EPA-HQ-OPP-2015-0639), available through EPA's
electronic docket and comment system, regulations.gov at https://www.regulations.gov.
The selection of an individual tolerance level is based on crop
field residue studies designed to produce the maximum residues under
the existing or proposed product label. Generally, the level selected
for a tolerance is a value slightly above the maximum residue found in
such studies, provided that the tolerance is safe. The evaluation of
whether a tolerance is safe is a separate inquiry. EPA favors raising a
tolerance when data show that:
1. Lawful use (sometimes through a label change) may result in a
higher residue level on the commodity; and
2. The tolerance remains safe, notwithstanding increased residue
level allowed under the tolerance.
EPA also seeks to harmonize tolerances with international standards
set by the Codex Alimentarius Commission, as described in Unit III.
EPA has found that the tolerances that are proposed in this
document to be modified, are safe; i.e., that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residues, in accordance
with FFDCA section 408(b)(2)(C). (Note that changes to tolerance
nomenclature do not constitute modifications of tolerances). These
findings are discussed in detail in each Human Health Risk Assessment
for Registration Review.
Also, in accordance with current Agency practice to describe more
clearly the measurement of residues for tolerances and coverage of
metabolites and degradates of a pesticide by the tolerances, EPA is
proposing to make minor revisions to the introductory text for
dichlobenil. The revisions to the tolerance expression do not
substantively change the tolerance or, in any way, modify the
permissible level of residues permitted by the tolerances.
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. Aluminum tris (O-ethylphosphonate). EPA on its own initiative,
under FFDCA section 408(e), 21 U.S.C. 346a(e), is proposing to
establish tolerances in 40 CFR 180.415(a) for aluminum tris (O-
ethylphosphonate), also known as fosetyl-Al, residues in or on
bushberry subgroup 13-07B at 40 ppm and fruit, pome, group 11-10 at 10
ppm concomitant with the revocation of the tolerances on bushberry
subgroup 13B at 40 ppm and fruit, pome, group 11 at 10 ppm. Also, based
on available residue data, the Agency determined that harmonization
with Canadian MRLs for tolerances on caneberries, citrus fruit, and
ginseng is possible. Therefore, based on its own initiative, the Agency
is proposing to establish tolerances in 40 CFR 180.415(a) for aluminum
tris (O-ethylphosphonate) residues in or on caneberry subgroup 13-07A
at 0.05 ppm to harmonize with Canadian MRLs, and in or on fruit,
citrus, group 10-10 at 9.0 ppm to harmonize with Canadian MRLs,
concomitant with the revocation of the tolerances on caneberry subgroup
13A at 0.1 ppm and fruit, citrus, group 10 at 5.0 ppm. In addition, EPA
is proposing to decrease the tolerance in 40 CFR 180.415(a) on ginseng
from 0.1 to 0.05 ppm to harmonize with the Canadian MRL.
Also, in accordance with current Agency practice to list
significant figures for tolerance values, EPA is proposing to list
existing tolerances in 180.415(a) for pineapple at 0.10 ppm, pea,
succulent at 0.30 ppm, onion, bulb at 0.50 ppm, tomato at 3.0 ppm, and
onion, green at 10 ppm.
2. Carbon disulfide. Carbon disulfide is a degradate of sodium
tetrathiocarbonate. In the Federal Register notice of November 10, 2010
(75 FR 69073) (FRL-8851-5), EPA announced its receipt of voluntary
requests by registrants to cancel certain registrations, including the
last sodium tetrathiocarbonate products registered for use on specific
food commodities (almond, grape, grapefruit, lemon, orange, peach,
plum, and prune) in the United States. In the Federal Register notice
of February 25, 2011 (76 FR 10587) (FRL-8863-4), EPA published a
cancellation order in follow-up to the November 10, 2010 notice and
granted the requested product cancellations for sodium
tetrathiocarbonate. EPA permitted the registrant to sell and distribute
existing stocks of those sodium tetrathiocarbonate products until
February 25, 2012 and persons other than the registrant to sell,
distribute, and use existing stocks until supplies are exhausted. EPA
believes that existing stocks are exhausted; i.e., more than 4 years
after the registrant was no longer permitted to sell and distribute
them, and therefore the tolerances for them are no longer needed and
should be revoked. Consequently, EPA is proposing to revoke the
tolerances in 40 CFR 180.467 for residues of carbon disulfide from the
[[Page 42533]]
application of sodium tetrathiocarbonate in or on almond; almond,
hulls; grape; grapefruit; lemon; orange, sweet; peach; and plum, prune,
fresh.
3. p-Chlorophenoxyacetic acid (p-CPA or 4-CPA). In the 1997 RED for
4-CPA and the 1994 p-Chlorophenoxyacetic Acid Product Chemistry and
Residue Chemistry Chapter for the RED, the Agency recommended approval
of a registrant petition for the elimination of the metabolite p-
chlorophenol from the tolerance expression, as it was not considered a
metabolite of risk concern. Therefore, EPA is proposing in 40 CFR
180.202 to revise the introductory text (remove the metabolite p-
chlorophenol from the tolerance expression) and also revise it in
accordance with current Agency practice to describe more clearly the
measurement and scope or coverage of tolerances to read as set out in
the proposed regulatory text at the end of this document.
4. Cyromazine. The U.S. regulates residues of cyromazine on
cyromazine only, which is not in harmony with the tolerance expression
in Canada, which includes melamine, a metabolite of cyromazine. In the
Federal Register of May 4, 2000 (65 FR 25857) (FRL-6556-3), EPA removed
melamine from the U.S. tolerance expression for cyromazine since the
Agency no longer considered melamine to be a residue of concern. EPA
does not have any toxicological concerns for melamine that could result
from the use of the pesticide cyromazine. In addition, the acute and
chronic dietary risk assessments, and aggregate risk assessment for the
registration review of cyromazine do not exceed the Agency's level of
concern. The Agency determined that specific cyromazine tolerances
increased for international harmonization are safe; i.e., there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue. Therefore, EPA has determined that
it is appropriate to numerically harmonize certain U.S. tolerances with
international MRLs that are higher. On its own initiative, under FFDCA
section 408(e), 21 U.S.C. 346a(e), in order to harmonize with the level
of Canadian MRLs for cyromazine, EPA is proposing to increase
tolerances in 40 CFR 180.414(a)(1) for cyromazine residues in or on
mushroom from 1.0 to 8.0 ppm, pepper from 1.0 to 3.0 ppm, tomato from
0.5 to 1.0 ppm, vegetable, brassica, leafy, group 5, except broccoli
from 10.0 to 35 ppm, vegetable, leafy, except brassica, group 4 from
7.0 to 10 ppm, and milk from 0.05 to 0.10 ppm; and revoke the tolerance
on onion, bulb at 0.2 ppm and concomitantly establish a tolerance on
onion, bulb, subgroup 3-07A at 0.30 ppm.
Also, EPA on its own initiative, under FFDCA section 408(e), 21
U.S.C. 346a(e), in order to harmonize with certain higher Codex MRLs
(defined as cyromazine residues), believes the tolerances in 40 CFR
180.414(a)(1) for cyromazine residues in or on ``kidney'' of cattle,
goats, hogs, horses, and sheep should be increased from 0.2 to 0.30
ppm; and ``meat byproducts, except kidney'' of cattle, goats, hogs,
horses, and sheep should be increased from 0.05 to 0.30 ppm. Because
tolerances for ``kidney'' and ``meat byproducts, except kidney'' for
cattle, goats, hogs, horses, and sheep would be revised to the same
tolerance levels at 0.30 ppm, EPA is proposing to revoke the existing
tolerances in 40 CFR 180.414(a)(1) for cyromazine residues in or on
cattle, kidney; goat, kidney; hog, kidney; horse, kidney; sheep,
kidney; cattle, meat byproducts, except kidney; goat, meat byproducts,
except kidney; hog, meat byproducts, except kidney; horse, meat
byproducts, except kidney; and sheep, meat byproducts, except kidney
and to concomitantly establish tolerances at 0.30 ppm for cattle, meat
byproducts; goat, meat byproducts; hog, meat byproducts; horse, meat
byproducts; and sheep, meat byproducts.
In addition, EPA on its own initiative, under FFDCA section 408(e),
21 U.S.C. 346a(e), in order to harmonize with Codex MRLs, is proposing
to increase tolerances in 40 CFR 180.414(a)(1) for cyromazine residues
in or on egg from 0.25 to 0.30 ppm; cattle, meat; goat, meat; hog,
meat; horse, meat; and sheep, meat from 0.05 to 0.30 ppm; mango from
0.3 to 0.50 ppm; poultry, meat (from chicken layer hens and chicken
breeder hens only) from 0.05 to 0.10 ppm; poultry, meat byproducts
(from chicken layer hens and chicken breeder hens only) from 0.05 to
0.20 ppm; and vegetable, cucurbit, group 9 from 1.0 to 2.0 ppm.
Also, registrations exist for use of cyromazine for fly control in
mushroom compost and as a feed-through fly control agent for chicken
manure, and such cyromazine-treated manure from chickens may be used as
a soil fertilizer supplement. A greenhouse rotational crop study showed
a maximum cyromazine residue level of 0.08 ppm in spring wheat straw
from an application rate of 0.05 lb active ingredient (ai) per acre
(A). Data from a magnitude of residue study in poultry excreta
topically treated with cyromazine showed residues of 40 ppm in manure
at day 24. At 40 ppm (40 mg ai/kg manure or 18.2 mg ai/pound (lb)
manure), the maximum label application rate of 4 tons treated manure
per acre (8000 lb manure/A) is calculated to result in residues of
cyromazine of 0.15 kg ai/A or 0.33 lb ai/A, which is 7X (0.33 lb ai/A
vs. 0.05 lb ai/A) the rate used in the greenhouse study. Therefore, to
support current registrations, the Agency determined that at the
maximum application rate, indirect or inadvertent residue tolerances at
0.60 ppm (7 x 0.08 ppm) were needed for crops that do not have current
tolerances established based on direct application of cyromazine.
Consequently, EPA is proposing to re-designate 40 CFR 180.414(d) into
Sec. 180.414(d)(1), establish Sec. 180.414(d)(2), and in newly
designated 40 CFR 180.414(d)(2) to add introductory text and establish
tolerances for indirect and inadvertent residues of cyromazine
resulting from crops grown in soil amended with cyromazine treated
fertilizer at 0.60 ppm for the following: grain, cereal, forage, fodder
and straw, group 16; grain, cereal, group 15; herbs and spices, group
19; oilseed, group 20; onion, bulb, subgroup 3-07A; strawberry;
vegetable, foliage of legume, group 7; vegetable, fruiting, group 8-10;
vegetable, leaves of root and tuber, group 2; vegetable, legume, group
6; and vegetable, root and tuber, group 1.
Also, in accordance with current Agency practice to list
significant figures for tolerance values, EPA is proposing to list
existing tolerances in 40 CFR 180.414(a)(1) for garlic; garlic, great-
headed, bulb; rakkyo, bulb; and shallot, bulb at 0.20 ppm, potato at
0.80 ppm, and cabbage, abyssinian; cabbage, seakale; hanover salad,
leaves; and turnip, greens at 10 ppm, and tolerances in newly
designated 40 CFR 180.414(d)(1) for cotton, undelinted seed at 0.10
ppm, and corn, sweet, kernel plus cob with husks removed; corn, sweet,
forage; corn, sweet, stover; radish, roots; and radish, tops at 0.50
ppm.
5. Dichlobenil. Cherry is the only registered stone fruit for
dichlobenil since 1995, and therefore, with the exception of a need for
a tolerance to cover cherry, the crop group tolerance for stone fruit
is no longer needed and should be revoked. Consequently, in 40 CFR
180.231 for dichlobenil residues of concern, EPA is proposing to revoke
the tolerance on fruit, stone, group 12 at 0.15 ppm and to
concomitantly establish a tolerance on cherry at 0.15 ppm.
In accordance with current Agency practice to describe more clearly
the measurement and scope or coverage of tolerances, EPA is proposing
to revise
[[Page 42534]]
the introductory text in 40 CFR 180.231(a) to read as set out in the
proposed regulatory text at the end of this document. Also, in
accordance with current Agency practice to list significant figures for
tolerance values, EPA is proposing to list existing tolerances in Sec.
180.231(a) for cranberry and hazelnut at 0.10 ppm, and apple and pear
at 0.50 ppm.
6. Disulfoton. Because the tolerances in 40 CFR 180.183 for
disulfoton residues of concern all expired from December 31, 2013 to
December 31, 2014, EPA is proposing to remove that section in its
entirety.
7. Isoxaben. EPA on its own initiative, under FFDCA section 408(e),
21. U.S.C. 346a(e), is proposing to establish a tolerance in 40 CFR
180.650(a) for isoxaben residues in or on nut, tree, group 14-12 at
0.02 ppm. The Agency is also proposing to revoke the existing
tolerances in 40 CFR 180.650(a) for nut, tree, group 14 at 0.02 ppm and
pistachio at 0.02 ppm since they will be superseded by the newly
established tolerance.
8. d-Limonene. Currently, under 40 CFR 180.539, subpart C (the
subpart for specific tolerances), a tolerance exemption for d-limonene
exists when used in insect-repellent tablecloths and in insect-
repellent strips in food- or feed-handling establishments. Although
there are no active registrations in the U.S. for those d-limonene
uses, there are active registrations for d-limonene uses as an
insecticide in kitchens and pantries. As an active ingredient, it is
also registered for food or feed crop uses as an herbicide. In order to
support both the existing herbicidal and insecticidal uses of d-
limonene, the Agency determined that an exemption from the requirement
of a tolerance should be established for each of them under 40 CFR part
180, subpart D, the subpart for exemptions from tolerances. Therefore,
EPA is proposing to establish two tolerance exemptions under 40 CFR
part 180, subpart D, in newly designated Sec. 180.1342, to cover both
registered uses of d-limonene concomitant with the revocation of the
tolerance exemption in 40 CFR 180.539, in subpart C, by removing that
section in its entirety.
9. Oxydemeton-methyl (S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate). In the Federal Register notice of February 20, 2013
(78 FR 11881) (FRL-9378-9), EPA announced its receipt of voluntary
requests by registrants to cancel certain registrations, including the
last oxydemeton-methyl products registered for use on food commodities
in the United States. In the Federal Register notice of May 1, 2013 (78
FR 25438) (FRL-9384-7), EPA published a cancellation order in follow-up
to the February 20, 2013 notice and granted the requested product
cancellations for oxydemeton methyl. EPA permitted the registrant to
sell and distribute existing stocks of those oxydemeton methyl products
until December 31, 2014 and persons other than the registrant to sell
and distribute until December 31, 2016, and end users to use existing
stocks until supplies are exhausted. EPA believes that existing stocks
are likely to be exhausted by December 31, 2017. Therefore, EPA is
proposing to revoke the tolerances in 40 CFR 180.330(a)(1) for
oxydemeton-methyl residues of concern in or on alfalfa, forage;
alfalfa, hay; bean, lima; beet, sugar, roots; beet, sugar, tops;
broccoli; Brussels sprouts; cabbage; cauliflower; clover, forage;
clover, hay; corn, sweet, forage; corn, sweet, kernel plus cob with
husks removed; corn, sweet, stover; cotton, undelinted seed; cucumber;
eggplant; grapefruit; hazelnut; lemon; lettuce, head; melon; onion,
bulb; orange; pepper; peppermint, tops; pumpkin; safflower, seed;
sorghum, forage, forage; sorghum, grain, forage; sorghum, grain, grain;
spearmint, tops; squash, summer; squash, winter; strawberry; and
walnut; in 40 CFR 180.330(a)(2) for cattle, fat; cattle, meat; cattle,
meat byproducts; egg; goat, fat; goat, meat; goat, meat byproducts;
hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat;
horse, meat byproducts; milk; poultry, fat; poultry, meat; poultry,
meat byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts;
and in 40 CFR 180.330(c) for broccoli raab; each with an expiration/
revocation date of December 31, 2017.
Also, in accordance with current Agency practice to list
significant figures for tolerance values, EPA is proposing to list
existing tolerances in Sec. 180.330(a)(1) for bean, lima; melon; and
pumpkin at 0.20 ppm, beet, sugar, roots and squash, winter at 0.30 ppm,
and beet, sugar, tops and corn, sweet, kernel plus cob with husks
removed at 0.50 ppm, and alfalfa, hay at 11 ppm.
10. Propachlor. Because there have been no active propachlor
registrations for over 5 years, there is no longer a need for the
tolerances. Therefore, the propachlor tolerances should be revoked.
Consequently, EPA is proposing to revoke the tolerances in 40 CFR
180.211(a) for propachlor residues of concern in or on cattle, fat;
cattle, kidney; cattle, meat; cattle, meat byproducts, except kidney;
corn, field, forage; corn, field, grain; corn, field, stover; corn,
sweet, forage; goat, fat; goat, kidney; goat, meat; goat, meat
byproducts, except kidney; hog, fat; hog, meat; hog, meat byproducts;
horse, fat; horse, kidney; horse, meat; horse, meat byproducts, except
kidney; milk; sheep, fat; sheep, kidney; sheep, meat; sheep, meat
byproducts, except kidney; sorghum, forage, forage; sorghum, grain,
forage; sorghum, grain, grain; and sorghum, grain, stover.
11. Sulfentrazone. As described previously in Unit II of this
document, regarding crop group updates, EPA on its own initiative,
under FFDCA section 408(e), 21. U.S.C. 346a(e), is proposing to
establish a tolerance in 40 CFR 180.498(a)(2) for sulfentrazone
residues of concern in or on nut, tree, group 14-12 at 0.15 ppm. The
Agency is also proposing to revoke the existing tolerances in 40 CFR
180.498(a)(2) for nut, tree, group 14 at 0.15 ppm and pistachio at 0.15
ppm since they will be superseded by the newly established tolerance.
Also, in order to conform to current Agency practice, EPA is proposing
in 40 CFR 180.498(a)(2) to revise the commodity terminology for
``flax'' to ``flax, seed.'' In addition, in accordance with current
Agency practice to list significant figures for tolerance values, EPA
is proposing to list existing tolerances for indirect or inadvertent
residues in 40 CFR 180.498(d) for grain, cereal, forage, fodder and
straw, group 16, except sweet corn; stover; and grain, cereal, group
15, except sweet corn at 0.10 ppm; grain, cereal, forage, fodder and
straw, group 16, except sweet corn; forage; and grain, cereal, forage,
fodder and straw, group 16, except sweet corn; hay at 0.20 ppm; and
grain, cereal, forage, fodder and straw, group 16, except sweet corn;
straw at 0.60 ppm.
12. Tartrazine. In order to support existing registrations for
tartrazine, a dye also known as F.D.&C. Yellow No. 5 or Acid Yellow 23,
when used as an aquatic plant control agent, EPA recommended (in the
2005 RED for Aquashade) that an exemption from the requirement of a
tolerance should be established since treated water may be used for
irrigation of crops, livestock watering, and fishing. Therefore, EPA is
proposing to establish an exemption from a tolerance for tartrazine
when used as an aquatic plant control agent under 40 CFR part 180,
subpart D, in newly designated Sec. 180.1343.
13. Thiacloprid. In the Federal Register proposed and final rules
of July 22, 2015 (80 FR 43373) (FRL-9929-12) and June 1, 2016 (81 FR
34902) (FRL-9943-73), EPA inadvertently revised the listing for the
tolerance at 0.05 ppm in 40 CFR 180.594(a) from Plum subgroup 12-12C to
Peach subgroup 12-12C. Consequently, EPA is proposing in 40 CFR
180.594(a) to correct the listing for
[[Page 42535]]
the tolerance as Plum subgroup 12-12C at 0.05 ppm.
14. Thiodicarb. In the Federal Register of October 17, 2014 (79 FR
62439) (FRL-9916-78), among other actions requested, EPA announced
receipt of request from the registrant to amend the sole technical
registration to delete the last uses of thiodicarb for broccoli,
cabbage, cauliflower, sweet corn, and leafy vegetables. EPA approved
the use deletions effective November 17, 2014 since the registrant did
not withdraw the request and there were no significant public comments.
Previously, the last end-use registrations of thiodicarb for broccoli,
cabbage, cauliflower, sweet corn, and leafy vegetables had been
canceled, due to non-payment of the maintenance fee, in the Federal
Register of June 26, 2013 (78 FR 38319) (FRL-9388-4), and permitted the
registrant to sell and distribute existing stocks until January 15,
2014. Therefore, EPA believes that existing stocks of end-use
registrations for these thiodicarb uses were exhausted two to three
years ago, and the tolerances are no longer needed. Consequently, EPA
is proposing to revoke the tolerances in 40 CFR 180.407(a) for
broccoli; cabbage; cauliflower; corn, sweet, kernel plus cob with husks
removed; and vegetable, leafy, except brassica, group 4.
B. What is the Agency's authority for taking this action?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
authorizes the establishment of tolerances, exemptions from tolerance
requirements, modifications in tolerances, and revocation of tolerances
for residues of pesticide chemicals in or on raw agricultural
commodities and processed foods. Without a tolerance or exemption, food
containing pesticide residues is considered to be unsafe and therefore
``adulterated'' under FFDCA section 402(a), 21 U.S.C. 342(a). Such food
may not be distributed in interstate commerce, 21 U.S.C. 331(a). For a
food-use pesticide to be sold and distributed, the pesticide must not
only have appropriate tolerances under the FFDCA, but also must be
registered under FIFRA, 7 U.S.C. 136 et seq. Food-use pesticides not
registered in the United States must have tolerances in order for
commodities treated with those pesticides to be imported into the
United States.
EPA'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 oxydemeton-methyl, 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 oxydemeton-methyl,
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
[[Page 42536]]
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 aluminum tris (O-
ethylphosphonate), carbon disulfide (degradate of sodium
tetrathiocarbonate), p-chlorophenoxyacetic acid (p-CPA), isoxaben, d-
limonene, propachlor, sulfentrazone, tartrazine, thiodicarb, or
dichlobenil in or on cherry.
The Codex has established MRLs for cyromazine in or on [cucumber at
2 mg/kg; edible offal (mammalian) and eggs at 0.3 mg/kg; mango at 0.5
mg/kg; poultry meat at 0.1 mg/kg; and poultry, edible offal at 0.2 mg/
kg. These MRLs are currently different, but the same as certain
proposed U.S. tolerances (to harmonize with Codex MRLs) for cyromazine
in the United States.
The Codex has established MRLs for oxydemeton-methyl in or on
various commodities, including cauliflower and sugar beet at 0.01 mg/
kg; fat of cattle, poultry, and sheep, meat of cattle, hogs, sheep, and
poultry, and cotton seed at 0.05 mg/kg; and lemon at 0.2 mg/kg. These
MRLs are different than the tolerances, proposed for revocation, for
oxydemeton-methyl in the United States because of differences in use
patterns, and/or good agricultural practices.
IV. Statutory and Executive Order Reviews
In this proposed rule, EPA is proposing to establish tolerances
under FFDCA section 408(e), and also modify and revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted these types of actions (e.g.,
establishment and modification of a tolerance and tolerance revocation
for which extraordinary circumstances do not exist) from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this proposed rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this proposed rule is not subject to Executive Order
13211, entitled ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22,
2001). This proposed rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (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
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 of May 4,
1981 (46 FR 24950) and December 17, 1997 (62 FR 66020) (FRL-5753-1),
respectively, and were provided to the Chief Counsel for Advocacy of
the Small Business Administration. Taking into account this analysis,
and available information concerning the pesticides listed in this
proposed rule, the Agency hereby certifies that this proposed rule will
not have a significant negative economic impact on a substantial number
of small entities. In a memorandum dated May 25, 2001, EPA determined
that eight conditions must all be satisfied in order for an import
tolerance or tolerance exemption revocation to adversely affect a
significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to any particular revocation. (This Agency
document is available in the docket of this proposed rule).
Furthermore, for the 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 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
[[Page 42537]]
the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 23, 2017.
Richard P. Keigwin, Jr.,
Acting Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR part 180 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. 180.183 [Removed]
0
2. Remove Sec. 180.183.
0
3. In Sec. 180.202, revise the introductory text in paragraph (a) to
read as follows:
Sec. 180.202 p-Chlorophenoxyacetic acid; tolerances for residues.
(a) General. A tolerance is established for residues of the plant
regulator p-chlorophenoxyacetic acid, including its metabolites and
degradates, in or on the commodity in the table in this paragraph (a).
Compliance with the tolerance level specified in this paragraph (a) is
to be determined by measuring only p-chlorophenoxyacetic acid, in or on
the commodity.
* * * * *
Sec. 180.211 [Removed]
0
4. Remove Sec. 180.211.
0
5. In Sec. 180.231, revise paragraph (a) to read as follows:
Sec. 180.231 Dichlobenil; tolerances for residues.
(a) General. Tolerances are established for residues of
dichlobenil, including its metabolites and degradates, in or on the
commodities in the table in this paragraph (a). Compliance with the
tolerance levels specified in this paragraph (a) is to be determined by
measuring only the sum of dichlobenil (2,6-dichlorobenzonitrile) and
its BAM metabolite (2,6-dichlorobenzamide), calculated as the
stoichiometric equivalent of dichlobenil, in or on the commodity.
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple...................................................... 0.50
Bushberry subgroup 13-07B.................................. 0.15
Caneberry subgroup 13-07A.................................. 0.10
Cherry..................................................... 0.15
Cranberry.................................................. 0.10
Grape...................................................... 0.15
Hazelnut................................................... 0.10
Pear....................................................... 0.50
Rhubarb.................................................... 0.06
------------------------------------------------------------------------
* * * * *
0
6. In Sec. 180.330, revise the tables in paragraphs (a)(1), (a)(2),
and (c) to read as follows:
Sec. 180.330 S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl
phosphorothioate; tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Alfalfa, forage......................... 5.0 12/31/17
Alfalfa, hay............................ 11 12/31/17
Bean, lima.............................. 0.20 12/31/17
Beet, sugar, roots...................... 0.30 12/31/17
Beet, sugar, tops....................... 0.50 12/31/17
Broccoli................................ 1.0 12/31/17
Brussels sprouts........................ 1.0 12/31/17
Cabbage................................. 2.0 12/31/17
Cauliflower............................. 1.0 12/31/17
Clover, forage.......................... 5.0 12/31/17
Clover, hay............................. 10.0 12/31/17
Corn, sweet, forage..................... 1.0 12/31/17
Corn, sweet, kernel plus cob with husks 0.50 12/31/17
removed................................
Corn, sweet, stover..................... 3.0 12/31/17
Cotton, undelinted seed................. 0.02 12/31/17
Cucumber................................ 1.0 12/31/17
Eggplant................................ 1.0 12/31/17
Grapefruit.............................. 1.0 12/31/17
Hazelnut................................ 0.05 12/31/17
Lemon................................... 1.0 12/31/17
Lettuce, head........................... 2.0 12/31/17
Melon................................... 0.20 12/31/17
Onion, bulb............................. 0.05 12/31/17
Orange.................................. 1.0 12/31/17
Pepper.................................. 0.75 12/31/17
Peppermint, tops........................ 12.5 12/31/17
Pumpkin................................. 0.20 12/31/17
Safflower, seed......................... 1.0 12/31/17
Sorghum, forage, forage................. 2.0 12/31/17
Sorghum, grain, forage.................. 2.0 12/31/17
Sorghum, grain, grain................... 0.75 12/31/17
Spearmint, tops......................... 12.5 12/31/17
Squash, summer.......................... 1.0 12/31/17
Squash, winter.......................... 0.30 12/31/17
Strawberry.............................. 2.0 12/31/17
Walnut.................................. 0.05 12/31/17
------------------------------------------------------------------------
[[Page 42538]]
(2) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cattle, fat............................. 0.01 12/31/17
Cattle, meat............................ 0.01 12/31/17
Cattle, meat byproducts................. 0.01 12/31/17
Egg..................................... 0.01 12/31/17
Goat, fat............................... 0.01 12/31/17
Goat, meat.............................. 0.01 12/31/17
Goat, meat byproducts................... 0.01 12/31/17
Hog, fat................................ 0.01 12/31/17
Hog, meat............................... 0.01 12/31/17
Hog, meat byproducts.................... 0.01 12/31/17
Horse, fat.............................. 0.01 12/31/17
Horse, meat............................. 0.01 12/31/17
Horse, meat byproducts.................. 0.01 12/31/17
Milk.................................... 0.01 12/31/17
Poultry, fat............................ 0.01 12/31/17
Poultry, meat........................... 0.01 12/31/17
Poultry, meat byproducts................ 0.01 12/31/17
Sheep, fat.............................. 0.01 12/31/17
Sheep, meat............................. 0.01 12/31/17
Sheep, meat byproducts.................. 0.01 12/31/17
------------------------------------------------------------------------
* * * * *
(c) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Broccoli raab.................................. 2.0 12/31/17
------------------------------------------------------------------------
* * * * *
Sec. 180.407 [Amended]
0
7. In Sec. 180.407, remove the entries for ``Broccoli,'' ``Cabbage,''
``Cauliflower,'' ``Corn, sweet, kernel plus cob with husks removed,''
and ``Vegetable, leafy, except brassica, group 4'' from the table in
paragraph (a).
0
8. In Sec. 180.414, revise the table in paragraph (a)(1), and revise
paragraph (d) to read as follows:
Sec. 180.414 Cyromazine; tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Bean, dry, except cowpea.................................... 3.0
Bean, lima.................................................. 1.0
Bean, succulent............................................. 2.0
Broccoli.................................................... 1.0
Cabbage, abyssinian......................................... 10
Cabbage, seakale............................................ 10
Cattle, fat................................................. 0.05
Cattle, meat................................................ 0.30
Cattle, meat byproducts..................................... 0.30
Egg......................................................... 0.30
Garlic...................................................... 0.20
Garlic, great-headed, bulb.................................. 0.20
Goat, fat................................................... 0.05
Goat, meat.................................................. 0.30
Goat, meat byproducts....................................... 0.30
Hanover salad, leaves....................................... 10
Hog, fat.................................................... 0.05
Hog, meat................................................... 0.30
Hog, meat byproducts........................................ 0.30
Horse, fat.................................................. 0.05
Horse, meat................................................. 0.30
Horse, meat byproducts...................................... 0.30
Leek........................................................ 3.0
Mango \1\................................................... 0.50
Milk........................................................ 0.10
Mushroom.................................................... 8.0
Onion, bulb, subgroup 3-07A................................. 0.30
Onion, green................................................ 3.0
Onion, potato............................................... 3.0
Onion, tree................................................. 3.0
Onion, welsh................................................ 3.0
Pepper...................................................... 3.0
Potato...................................................... 0.80
Poultry, fat (from chicken layer hens and chicken breeder 0.05
hens only).................................................
Poultry, meat (from chicken layer hens and chicken breeder 0.10
hens only).................................................
Poultry, meat byproducts (from chicken layer hens and 0.20
chicken breeder hens only).................................
Rakkyo, bulb................................................ 0.20
Shallot, bulb............................................... 0.20
Shallot, fresh leaves....................................... 3.0
Sheep, fat.................................................. 0.05
Sheep, meat................................................. 0.30
Sheep, meat byproducts...................................... 0.30
Tomato...................................................... 1.0
Turnip, greens.............................................. 10
Vegetable, brassica, leafy, group 5, except broccoli........ 35
Vegetable, leafy, except brassica, group 4.................. 10
Vegetable, cucurbit, group 9................................ 2.0
------------------------------------------------------------------------
\1\ There are no U.S. registrations on mango as of May 4, 2000.
* * * * *
(d)(1) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent residues of the insecticide cyromazine,
including its metabolites and degradates, in or on the commodities in
the table in this paragraph (d)(1) when present therein as a result of
the application of cyromazine to growing crops listed in paragraph
(a)(1) of this section. Compliance with the tolerance levels specified
in this paragraph (d)(1) is to be determined by measuring only
cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the
commodity.
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cotton, undelinted seed................................. 0.10
Corn, sweet, kernel plus cob with husks removed......... 0.50
Corn, sweet, forage..................................... 0.50
Corn, sweet, stover..................................... 0.50
Radish, roots........................................... 0.50
Radish, tops............................................ 0.50
------------------------------------------------------------------------
(2) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent residues of the insecticide cyromazine,
including its metabolites and degradates, in or on the commodities in
the table in this paragraph (d)(2) when present therein as a result of
the application of fertilizer containing cyromazine to growing crops
that do not have a higher tolerance in paragraph (a)(1) of this
section. Compliance with the tolerance levels specified in this
paragraph (d)(2) is to be determined by measuring only cyromazine, N-
cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity.
[[Page 42539]]
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Grain, cereal, forage, fodder and straw, group 16....... 0.60
Grain, cereal, group 15................................. 0.60
Herbs and spices, group 19.............................. 0.60
Oilseed, group 20....................................... 0.60
Onion, bulb, subgroup 3-07A............................. 0.60
Strawberry.............................................. 0.60
Vegetable, foliage of legume, group 7................... 0.60
Vegetable, fruiting, group 8-10......................... 0.60
Vegetable, leaves of root and tuber, group 2............ 0.60
Vegetable, legume, group 6.............................. 0.60
Vegetable, root and tuber, group 1...................... 0.60
------------------------------------------------------------------------
0
9. In Sec. 180.415, revise the table in paragraph (a) to read as
follows:
Sec. 180.415 Aluminum tris (O-ethylphosphonate); tolerances for
residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Avocado................................................. 25
Banana.................................................. 3.0
Bushberry subgroup 13-07B............................... 40
Caneberry subgroup 13-07A............................... 0.05
Cranberry............................................... 0.5
Fruit, citrus, group 10-10.............................. 9.0
Fruit, pome, group 11-10................................ 10
Ginseng................................................. 0.05
Hop, dried cones........................................ 45
Juneberry............................................... 40
Lingonberry............................................. 40
Nut, macadamia.......................................... 0.20
Onion, bulb............................................. 0.50
Onion, green............................................ 10
Pea, succulent.......................................... 0.30
Pepper/eggplant, subgroup 8-10B......................... 0.01
Pineapple............................................... 0.10
Salal................................................... 40
Strawberry.............................................. 75
Tomato.................................................. 3.0
Turnip, greens.......................................... 40
Turnip, roots........................................... 15
Vegetable, brassica, leafy, group 5..................... 60
Vegetable, cucurbit, group 9............................ 15
Vegetable, leafy, except brassica, group 4.............. 100
------------------------------------------------------------------------
* * * * *
Sec. 180.467 [Removed]
0
10. Remove Sec. 180.467.
0
11. In Sec. 180.498, revise the tables in paragraphs (a)(2) and (d) to
read as follows:
Sec. 180.498 Sulfentrazone; tolerances for residues.
(a) * * *
(2) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple................................................... 0.15
Asparagus............................................... 0.15
Berry and small fruit, group 13-07...................... 0.15
Brassica, head and stem, subgroup 5A.................... 0.20
Brassica, leafy greens, subgroup 5B..................... 0.40
Corn, field, forage..................................... 0.20
Corn, field, grain...................................... 0.15
Corn, field, stover..................................... 0.30
Flax, seed.............................................. 0.15
Fruit, citrus, group 10-10.............................. 0.15
Horseradish............................................. 0.20
Melon, subgroup 9A...................................... 0.15
Nut, tree, group 14-12.................................. 0.15
Pea and bean, dried shelled, except soybean, subgroup 6C 0.15
Pea, succulent.......................................... 0.15
Peanut.................................................. 0.20
Peanut, meal............................................ 0.40
Peppermint, tops........................................ 0.30
Rhubarb................................................. 0.15
Spearmint, tops......................................... 0.30
Sugarcane, cane......................................... 0.15
Sugarcane, molasses..................................... 0.20
Sunflower subgroup 20B.................................. 0.20
Turnip, roots........................................... 0.15
Turnip, tops............................................ 0.60
Vegetable, fruiting, group 8-10......................... 0.15
Vegetable, soybean, succulent........................... 0.15
Vegetable, tuberous and corm, subgroup 1C............... 0.15
------------------------------------------------------------------------
* * * * *
(d) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Grain, cereal (excluding sweet corn), hulls............. 0.30
Grain, cereal, forage, fodder and straw, group 16, 0.20
except sweet corn; forage..............................
Grain, cereal, forage, fodder and straw, group 16, 0.20
except sweet corn; hay.................................
Grain, cereal, forage, fodder and straw, group 16, 0.10
except sweet corn; stover..............................
Grain, cereal, forage, fodder and straw, group 16, 0.60
except sweet corn; straw...............................
Grain, cereal, group 15, except sweet corn.............. 0.10
Grain, cereal, group 15, except sweet corn; bran........ 0.15
------------------------------------------------------------------------
Sec. 180.539 [Removed]
0
12. Remove Sec. 180.539.
Sec. 180.594 [Amended]
0
13. In Sec. 180.594, in the table in paragraph (a), remove the text
``Peach subgroup 12-12C \1\'', add in its place the text ``Plum
subgroup 12-12C \1\'', and designate the entry for ``Plum subgroup 12-
12C \1\'' in alphabetical order.
0
14. In Sec. 180.650, revise the table in paragraph (a) to read as
follows:
Sec. 180.650 Isoxaben; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond, hulls........................................... 0.40
Grape................................................... 0.01
Nut, tree group 14-12................................... 0.02
------------------------------------------------------------------------
* * * * *
0
15. Add Sec. 180.1342 to subpart D to read as follows:
Sec. 180.1342 d-Limonene; exemption from the requirement of a
tolerance.
(a) An exemption from the requirement of a tolerance is established
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied
as an herbicide used in accordance with good agricultural practices.
(b) A exemption from the requirement of a tolerance is established
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied
as an insecticide in kitchens and pantries.
0
16. Add Sec. 180.1343 to subpart D to read as follows:
Sec. 180.1343 Tartrazine; exemption from the requirement of a
tolerance.
An exemption from the requirement of a tolerance is established for
residues of tartrazine (F.D.&C. Yellow No. 5 or Acid Yellow 23), in or
on all food commodities when used as an aquatic plant control agent.
[FR Doc. 2017-18780 Filed 9-7-17; 8:45 am]
BILLING CODE 6560-50-P