FR Doc E8-22078

[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Rules and Regulations]
[Page 54954-54963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se08-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0232; FRL-8382-2]

Aldicarb, Ametryn, 2,4-DB, Dicamba, Dimethipin, Disulfoton,
Diuron, et al.; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the insecticides/
nematicides aldicarb, ethoprop, and oxamyl; the insecticides
disulfoton, malathion, and methyl parathion; the miticide/acaricide
propargite; the fungicides o-phenylphenol and its sodium salt,
triadimefon, triadimenol, and ziram; the herbicides ametryn, dicamba,
diuron, oxyfluorfen, and paraquat; the growth regulator/herbicide
dimethipin; and the antimicrobial/insecticidal fumigant propylene
oxide. Also, EPA is modifying certain tolerances for the insecticide/
nematicide oxamyl; the insecticide fenitrothion; the miticide/acaricide
propargite; the molluscicide metaldehyde; the fungicides triadimefon
and tridemorph; the herbicides ametryn, 2,4-DB, dicamba, and diuron;
and the antimicrobial/insecticidal fumigant propylene oxide. In
addition, EPA is establishing tolerances for the insecticide/nematicide
oxamyl; the molluscicide metaldehyde; the fungicides etridiazole and
streptomycin; the herbicides 2,4-DB, dicamba, and diuron; and the
antimicrobial/insecticidal fumigant propylene oxide and propylene
chlorohydrin (a reaction product formed during the propylene oxide
sterilization process). Finally, because tolerances expired in 2005,
EPA is removing 40 CFR 180.167 for nicotine-containing compounds. The
regulatory actions finalized in this document are in follow-up to the
Agency's reregistration program under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment
program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section
408(q).

DATES: This regulation is effective September 24, 2008. Objections and
requests for hearings must be received on or before November 24, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0232. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail
address: nevola.joseph@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

In addition to accessing electronically available documents at
http://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr. You may also access
a frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://
www.gpoaccess.gov/ecfr.

[[Page 54955]]

C. Can I File an Objection or Hearing Request?

Under section 408(g) of FFDCA, 21 U.S.C. 436a, any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2008-0232 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk on or before [November 24, 2008
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2008-0232, by one of the following methods.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

In the Federal Register of June 4, 2008 (73 FR 31788) (FRL-8363-9),
EPA issued a proposal to revoke, modify, and establish certain specific
tolerances for residues of the insecticides/nematicides aldicarb,
ethoprop, and oxamyl; the insecticides disulfoton, fenitrothion,
malathion, and methyl parathion; the miticide/acaricide propargite; the
molluscicide metaldehyde; the fungicides etridiazole, o-phenylphenol
and its sodium salt, streptomycin, triadimefon, triadimenol,
tridemorph, and ziram; the herbicides ametryn, 2,4-DB, dicamba, diuron,
oxyfluorfen, and paraquat; the growth regulator/herbicide dimethipin;
and the antimicrobial/insecticidal fumigant propylene oxide and its
reaction product propylene chlorohydrin, and because tolerances expired
in 2005, to remove 40 CFR 180.167 for nicotine-containing compounds.
Also, the proposal of June 4, 2008 (73 FR 31788) provided a 60-day
comment period which invited public comment for consideration and for
support of tolerance retention under FFDCA standards.
In this final rule, EPA is revoking, modifying, and establishing
specific tolerances for residues of aldicarb, ametryn, 2,4-DB, dicamba,
dimethipin, disulfoton, diuron, ethoprop, etridiazole, fenitrothion,
malathion, metaldehyde, methyl parathion, o-phenylphenol and its sodium
salt, oxamyl, oxyfluorfen, paraquat, propargite, propylene oxide and
propylene chlorohydrin, streptomycin, triadimefon, triadimenol,
tridemorph, and ziram in or on commodities listed in the regulatory
text of this document, and removing 40 CFR 180.167 for nicotine-
containing compounds.
EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of FFDCA. The safety finding determination of ``reasonable
certainty of no harm'' is discussed in detail in each Reregistration
Eligibility Decision (RED) and Report on FQPA Tolerance Reassessment
Progress and Interim Risk Management Decision (TRED) for the active
ingredient. REDs and TREDs recommend the implementation of certain
tolerance actions, including modifications, to reflect current use
patterns, to meet safety findings and change commodity names and
groupings in accordance with new EPA policy. Printed copies of many
REDs and TREDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419, telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet at http://www.epa.gov/ncepihom and from the National
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield,
VA 22161, telephone number: 1-800-553-6847 or (703) 605-6000; Internet
at http://www.ntis.gov. Electronic copies of REDs and TREDs are
available on the Internet at http://www.regulations.gov and http://
www.epa.gov/pesticides/reregistration/status.htm.
In this final rule, EPA is revoking certain tolerances and/or
tolerance exemptions because either they are no longer needed or are
associated with food uses that are no longer registered under FIFRA in
the United States. Those instances where registrations were canceled
were because the registrant failed to pay the required maintenance fee
and/or the registrant voluntarily requested cancellation of one or more
registered uses of the pesticide active ingredient. The tolerances
revoked by this final rule are no longer necessary to cover residues of
the relevant pesticides in or on domestically treated commodities or
commodities treated outside but imported into the United States. It is
EPA's general practice to issue a final rule revoking those tolerances
and tolerance exemptions for residues of pesticide active ingredients
on crop uses for which there are no active registrations under FIFRA,
unless any person in comments on the proposal indicates a need for the
tolerance or tolerance exemption to cover residues in or on imported
commodities or legally treated domestic commodities.
EPA has historically been concerned that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
may encourage misuse of pesticides within the United States.
Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
1. Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
2. EPA independently verifies that the tolerance is no longer
needed.
3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of June 4,
2008 (73 FR 31788), EPA received two comments during the 60-day public
comment period, as follows:

[[Page 54956]]

i. Triadimefon--Comment by Bayer CropScience. EPA received a
comment dated June 25, 2008 from Bayer CropScience which stated that
for one product, Bayleton 50% Wettable Powder Fungicide (EPA Reg. No.
264-737), there is still product in the channels of trade with
directions for use of triadimefon on apples, grapes, pears, and
raspberries. Also, Bayer CropScience asked that the tolerances related
to these specific uses not be revoked, but be maintained to cover their
uses.
Agency response. In a follow-up conversation with the Agency on
July 21, 2008, the commenter clarified that Bayer's knowledge of any
Bayleton 50% Wettable Powder Fungicide product from persons other than
the registrant in the channels of trade was as of June 2007, but not
since that time. Upon the Agency's request, Bayer CropScience agreed to
check if it had any more recent information for that specific product.
On July 25, 2008, Bayer CropScience confirmed to the Agency that there
was existing Bayleton 50% Wettable Powder Fungicide product (EPA Reg.
No. 264-737) from persons other than the registrant who expressed to
Bayer that it would take about 18 months for existing stocks of that
product to clear the channels of trade.
Consequently, due to Bayer's comment and updated information, EPA
is changing the revocation date of the tolerances in 40 CFR 180.410(a)
on apple; apple, wet pomace; grape; and pear; and the regional
tolerance in 40 CFR 180.410(c) on raspberry, each with an expiration/
revocation date of July 25, 2010, which the Agency believes allows
sufficient time for existing stocks of Bayleton 50% Wettable Powder
Fungicide (EPA Reg. No. 264-737) to be sold, distributed, and exhausted
by end-users, and for treated commodities to have cleared the channels
of trade.
Also, because EPA is not revoking the tolerance in 40 CFR
180.410(c) on raspberry on the date of publication of the final rule,
so that the tolerance will remain in effect an extra approximately two
years, and because the Agency determined that residues of concern for
all raw agricultural commodities are triadimefon and triadimenol, the
Agency is revising the introductory text of 40 CFR 180.410(c) as
follows: Tolerances with regional registrations, as defined in
Sec. 180.1(m), are established for the combined residues of the
fungicide triadimefon, 1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-
triazol-1-yl)-2-butanone and triadimenol, [beta]-(4-chlorophenoxy)-
[alpha]-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol, expressed as
triadimefon, in or on the following food commodities.
Triadimefon is not registered for use as a direct livestock
treatment and with the publication of a product cancellation order in
the Federal Register of June 25, 2008 (73 FR 36080)(FRL-8368-7) for
Bayleton 50 Turf and Ornamental Fungicide in WSP and Bayleton 50 WP
Fungicide (EPA Reg. No. 432-1294), there are now no active registered
feed item uses of triadimefon. Although wet apple pomace is a feed item
for cattle, goats, horses, and sheep, and given the Agency's response
to Bayer's comments that EPA is revoking the tolerances in 40 CFR
180.410(a) on apple and apple, wet pomace with expiration/revocation
dates of July 25, 2010, the Agency reiterates its determination, as
stated in the Federal Register of June 4, 2008 (73 FR 31788), that
based on available ruminant exaggerated feeding data at 125x Maximum
Theoretical Dietary Burden for cattle, there is no reasonable
expectation of finite triadimefon residues of concern in milk and
tissues of cattle, goats, horses, and sheep, and that their tolerances
are no longer needed under 40 CFR 180.6(a)(3). Therefore, with the
exception of the change that EPA is making with regard to the
revocation date for tolerances on apple; apple, wet pomace; grape;
pear; and raspberry for combined triadimefon residues of concern in 40
CFR 180.410, EPA is finalizing the amendments proposed concerning
triadimefon in the Federal Register of June 4, 2008 (73 FR 31788). For
a detailed discussion of the Agency's rationale for the establishments,
revocations, and modifications to the tolerances for combined
triadimefon residues of concern in 40 CFR 180.410, refer to the
proposed rule of June 4, 2008.
ii. Oxamyl--Comment by DuPont Crop Protection. EPA received a
comment from DuPont Crop Protection which requested that the Agency not
decrease the individual tolerances in 40 CFR 180.303 for the combined
oxamyl residues of concern on winter squash and pumpkin from 2.0 to 0.2
ppm. In addition, the commenter stated that because there was some
interest in the use of oxamyl on some minor crops contained in the
cucurbit vegetable crop group and individual tolerances currently exist
in 40 CFR 180.303 on winter squash, pumpkin, cucumber, summer squash,
cantaloupe, honeydew melon, and watermelon, each at 2.0 ppm, a crop
group tolerance could be established for vegetable, cucurbit, group 9
at 2.0 ppm. The commenter stated that the minor crops would be
insignificant dietary contributors and that the existing individual
tolerances should be converted to a crop group tolerance.
Agency response. EPA will not take action on the tolerances for
winter squash and pumpkin in 40 CFR 180.303 at this time based on the
comment. The Agency will respond to the DuPont comment in a future
notice to be published in the Federal Register. However, the Agency is
finalizing the other amendments for oxamyl in the Federal Register of
June 4, 2008 (73 FR 31788). For a detailed discussion of the Agency's
rationale for the establishments, revocations, and modifications to the
tolerances for combined oxamyl residues of concern in 40 CFR 180.303,
refer to the proposed rule of June 4, 2008.
The Agency did not receive any specific comments, during the 60-day
comment period, on the following pesticide active ingredients:
Aldicarb, ametryn, 2,4-DB, dicamba, dimethipin, disulfoton, diuron,
ethoprop, etridiazole, fenitrothion, malathion, metaldehyde, methyl
parathion, o-phenylphenol and its sodium salt, oxyfluorfen, paraquat,
propargite, propylene oxide and propylene chlorohydrin, streptomycin,
triadimenol, tridemorph, ziram, and nicotine-containing compounds. The
codification section in the proposed rule regarding 40 CFR 180.106
inadvertently mentioned that the Agency was revising paragraph (b).
This was a clerical error; EPA did not intend to revise paragraph (b).
Therefore, EPA is finalizing the amendments proposed concerning these
active ingredients in the Federal Register of June 4, 2008 (73 FR
31788). For a detailed discussion of the Agency's rationale for the
establishments, revocations, and modifications to the tolerances, refer
to the proposed rule of June 4, 2008.

B. What is the Agency's Authority for Taking this Action?

EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes, and as follow-up on canceled uses of
pesticides. As part of these processes, EPA is required to determine
whether each of the amended tolerances meets the safety standards under
FFDCA. The safety finding determination is found in detail in each
post-FQPA RED and TRED for the active ingredient. REDs and TREDs
recommend the implementation of

[[Page 54957]]

certain tolerance actions, including modifications to reflect current
use patterns, to meet safety findings, and change commodity names and
groupings in accordance with new EPA policy. Printed and electronic
copies of the REDs and TREDs are available as provided in Unit II.A.
EPA has issued post-FQPA REDs for aldicarb, ametryn, 2,4-DB,
dicamba, dimethipin, disulfoton, diuron, ethoprop, etridiazole,
fenitrothion, malathion, metaldehyde, methyl, parathion, o-phenylphenol
and its sodium salt, oxamyl, oxyfluorfen, paraquat, propargite,
propylene oxide, triadimefon, and ziram, and TREDs for diuron,
streptomycin, triadimenol, and tridemorph. REDs and TREDs contain the
Agency's evaluation of the database for these pesticides, including
statements regarding additional data on the active ingredients that may
be needed to confirm the potential human health and environmental risk
assessments associated with current product uses, and REDs state
conditions under which these uses and products will be eligible for
reregistration. The REDs and TREDs recommended the establishment,
modification, and/or revocation of specific tolerances. RED and TRED
recommendations such as establishing or modifying tolerances, and in
some cases revoking tolerances, are the result of assessment under the
FFDCA standard of ``reasonable certainty of no harm.'' However,
tolerance revocations recommended in REDs and TREDs that are made final
in this document do not need such assessment when the tolerances are no
longer necessary.
EPA's general practice is to revoke 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.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and 180.6 (c)).

C. When Do These Actions Become Effective?

With the exception of specific tolerance revocations for
dimethipin, methyl parathion, and triadimefon for which EPA is revoking
with specific expiration/revocation dates, the Agency is revoking,
modifying, and establishing specific tolerances, and revising specific
commodity terminologies effective on the date of publication of this
final rule in the Federal Register. With the exception of the specific
tolerances for dimethipin, methyl parathion, and triadimefon, the
Agency believes that existing stocks of pesticide products labeled for
the uses associated with the revoked tolerances have been completely
exhausted and that treated commodities have had sufficient time for
passage through the channels of trade. EPA is revoking certain specific
tolerances with expiration/revocation dates of May 31, 2010 for
dimethipin (meat and meat byproducts of cattle, goat, hog, horse, and
sheep, and cotton, undelinted seed), January 24, 2009 for methyl
parathion (bean, dry, seed; beet, sugar, roots; beet, sugar, tops;
cabbage; hop, dried cones; pea, dry, seed; and pecan), and July 25,
2010 for triadimefon (apple; apple, wet pomace; grape; pear; and
raspberry), respectively. The Agency believes that these revocation
dates allow users to exhaust stocks and allows sufficient time for
passage of treated commodities through the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.

III. Are There Any International Trade Issues Raised by this Final
Action?

In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international Maximum Residue Limits (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of FFDCA. The Codex Alimentarius is a joint U.N. Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level in a notice published for public
comment. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual REDs and TREDs, and in the
Residue Chemistry document which supports the RED and TRED, as
mentioned in the proposed rule cited in Unit II.A. Specific tolerance
actions in this rule and how they compare to Codex MRLs (if any) is
discussed in Unit II.A.

IV. Statutory and Executive Order Reviews

In this final rule, EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted these types of actions (i.e., establishment and modification
of a tolerance and tolerance revocation for which extraordinary
circumstances do not exist) from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not

[[Page 54958]]

contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any
enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations as required by
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994); or OMB review or any other
Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-13, section 12(d)
(15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency previously assessed whether
establishment of tolerances, exemptions from tolerances, raising of
tolerance levels, expansion of exemptions, or revocations might
significantly impact a substantial number of small entities and
concluded that, as a general matter, these actions do not impose a
significant economic impact on a substantial number of small entities.
These analyses for tolerance establishments and modifications, and for
tolerance revocations were published on May 4, 1981 (46 FR 24950) and
on December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticides listed in this rule, the Agency
hereby certifies that this final rule will not have a significant
economic impact on a substantial number of small entities. In a
memorandum dated May 25, 2001, EPA determined that eight conditions
must all be satisfied in order for an import tolerance or tolerance
exemption revocation to adversely affect a significant number of small
entity importers, and that there is a negligible joint probability of
all eight conditions holding simultaneously with respect to any
particular revocation. (This Agency document is available in the docket
of the proposed rule, as mentioned in Unit II.A.). Furthermore, for the
pesticides named in this final rule, the Agency knows of no
extraordinary circumstances that exist as to the present revocations
that would change EPA's previous analysis. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers, and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of FFDCA.
For these same reasons, the Agency has determined that this rule does
not have any ``tribal implications'' as described in Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 9, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

Dated: September 15, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

Sec. 180.3 [Amended]

0
2. Section 180.3 is amended by removing paragraph (d)(13) and
redesignating paragraph (d)(14) as (d)(13).

0
3. Section 180.106 is amended by revising paragraph (a) and the table
in paragraph (c), to read as follows:

Sec. 180.106 Diuron; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the herbicide diuron, 3-(3,4-dichlorophenyl)-1,1-dimethylurea and
its metabolites convertible to 3,4-dichloroaniline in or on food
commodities, as follows:

[[Page 54959]]

Corn, pop, grain........................................... 0.1
Cotton, undelinted seed.................................... 0.2
Fish - freshwater finfish, farm raised..................... 2.0
Fruit, citrus, group 10, except lemon...................... 0.05
Goat, fat.................................................. 1
Goat, meat................................................. 1
Goat, meat byproducts...................................... 1
Grain, aspirated fractions................................. 5.0
Grape...................................................... 0.05
Grass, forage, except bermudagrass......................... 2
Grass, hay, except bermudagrass............................ 2
Hazelnut................................................... 0.1
Hog, fat................................................... 1
Hog, meat.................................................. 1
Hog, meat byproducts....................................... 1
Horse, fat................................................. 1
Horse, meat................................................ 1
Horse, meat byproducts..................................... 1
Lemon...................................................... 0.5
Nut, macadamia............................................. 0.05
Olive...................................................... 1
Papaya..................................................... 0.5
Peach...................................................... 0.1
Pear....................................................... 1
Pea, field, seed........................................... 0.1
Pea, field, vines.......................................... 2
Pea, field, hay............................................ 2
Pecan...................................................... 0.05
Peppermint, tops........................................... 1.5
Pineapple.................................................. 0.1
Pineapple, process residue................................. 0.4
Sheep, fat................................................. 1
Sheep, meat................................................ 1
Sheep, meat byproducts..................................... 1
Sorghum, grain, forage..................................... 2
Sorghum, grain, grain...................................... 0.5
Sorghum, grain, stover..................................... 2
Spearmint, tops............................................ 1.5
Sugarcane, cane............................................ 0.2
Sugarcane, molasses........................................ 0.7
Walnut..................................................... 0.05
Wheat, bran................................................ 0.7
Wheat, forage.............................................. 2
Wheat, grain............................................... 0.5
Wheat, hay................................................. 2
Wheat, straw............................................... 1.5
------------------------------------------------------------------------

* * * * *
(c) * * *

* * * * *

Sec. 180.111 [Amended]

0
4. Section 180.111 is amended by removing the entries for flax, straw;
lespedeza, seed; lespedeza, straw; vetch, seed; and vetch, straw from
the table in paragraph (a)(1).

0
5. Section 180.116 is amended by revising the table in paragraph (a)
and footnote 1, to read as follows:

Sec. 180.116 Ziram; tolerances for residues.

(a) * * *

* * * * *

0
6. Section 180.121 is amended by revising the table in paragraph (a) to
read as follows:

Sec. 180.121 Methyl parathion; tolerances for residues.

(a) * * *

----------------------------------------------------------------------------------------------------------------
Commodity Parts per million Expiration/Revocation Date
----------------------------------------------------------------------------------------------------------------
Alfalfa, forage..................................... 1.25 None
Alfalfa, hay........................................ 5.0 None
Almond.............................................. 0.1 None
Almond, hulls....................................... 3.0 None
Barley.............................................. 1.0 None
Bean, dry, seed..................................... 1.0 1/24/09
Beet, sugar, roots.................................. 0.1 1/24/09
Beet, sugar, tops................................... 0.1 1/24/09
Cabbage............................................. 1.0 1/24/09
Corn................................................ 1.0 None
Corn, field, forage................................. 1.0 None
Corn, sweet, forage................................. 1.0 None
Cotton, undelinted seed............................. 0.75 None
Grass, forage....................................... 1.0 None
Hop, dried cones.................................... 1.0 1/24/09
Oat................................................. 1.0 None
Onion............................................... 1.0 None
Peanut.............................................. 1.0 None
Pea, dry, seed...................................... 1.0 1/24/09
Pea, field, vines................................... 1.0 None
Pecan............................................... 0.1 1/24/09
Potato.............................................. 0.1 None
Rapeseed, seed...................................... 0.2 None
Rice, grain......................................... 1.0 None
Soybean, seed....................................... 0.1 None
Soybean, hay........................................ 1.0 None
Sunflower, seed..................................... 0.2 None
Sweet potato, roots................................. 0.1 None
Walnut.............................................. 0.1 None

[[Page 54960]]

Wheat............................................... 1.0 None
----------------------------------------------------------------------------------------------------------------

* * * * *

0
7. Section 180.129 is revised to read as follows:

Sec. 180.129 o-Phenylphenol and its sodium salt; tolerances for
residues.

(a) General. Tolerances are established for combined residues of
the fungicide o-phenylphenol and sodium o-phenylphenate, each expressed
as o-phenylphenol, from postharvest application of either in or on the
following food commodities:

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]

Sec. 180.167 [Removed]

0
8. Section 180.167 is removed.

0
9. Section 180.183 is amended by revising the table in paragraph (a) to
read as follows:

Sec. 180.183 O,O-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate;
tolerances for residues.

(a) * * *

* * * * *

Sec. 180.205 [Amended]

0
10. Section 180.205 is amended by removing the entries for bean, dry,
seed; bean, lima, succulent; bean, snap, succulent; cucurbits; nut;
pea, dry, seed; and pea, succulent from the table in paragraph (a).

0
11. Section 180.227 is amended by revising the tables in paragraphs
(a)(1), (a)(2), and (a)(3) to read as follows:

Sec. 180.227 Dicamba; tolerances for residues.

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

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, grain.............................................. 6.0
Barley, hay................................................ 2.0
Barley, straw.............................................. 15.0
Corn, field, forage........................................ 3.0
Corn, field, grain......................................... 0.1
Corn, field, stover........................................ 3.0
Corn, pop, grain........................................... 0.1
Corn, pop, stover.......................................... 3.0
Corn, sweet, forage........................................ 0.50
Corn, sweet, kernel plus cob with husks removed............ 0.04
Corn, sweet, stover........................................ 0.50
Cotton, undelinted seed.................................... 0.2
Grass, forage, fodder and hay, group 17, forage............ 125.0
Grass, forage, fodder and hay, group 17, hay............... 200.0
Millet, proso, forage...................................... 90.0
Millet, proso, grain....................................... 2.0
Millet, proso, hay......................................... 40.0
Millet, proso, straw....................................... 30.0
Oat, forage................................................ 90.0
Oat, grain................................................. 2.0
Oat, hay................................................... 40.0
Oat, straw................................................. 30.0
Rye, forage................................................ 90.0
Rye, grain................................................. 2.0
Rye, straw................................................. 30.0
Sorghum, grain, forage..................................... 3.0
Sorghum, grain, grain...................................... 4.0
Sorghum, grain, stover..................................... 10.0
Sugarcane, cane............................................ 0.1
Sugarcane, molasses........................................ 2.0
Wheat, forage.............................................. 90.0
Wheat, grain............................................... 2.0
Wheat, hay................................................. 40.0
Wheat, straw............................................... 30.0
------------------------------------------------------------------------

(2) * * *

(3) * * *

* * * * *

0
12. Section 180.245 is amended by revising paragraph (a)(1) to read as
follows:

Sec. 180.245 Streptomycin; tolerances for residues.

(a)(1) Tolerances are established for residues of the fungicide
streptomycin in or on food commodities as follows:

[[Page 54961]]

* * * * *

0
13. Section 180.258 is amended by revising the table in paragraph (a),
and by removing the text from paragraph (c) and reserving the paragraph
designation and heading to read as follows:

Sec. 180.258 Ametryn; tolerances for residues.

(a) * * *

* * * * *
(c) Tolerances with regional registrations. [Reserved]
* * * * *

0
14. Section 180.259 is amended by revising the table in paragraph (a)
to read as follows:

Sec. 180.259 Propargite; tolerances for residues.

(a) * * *

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond..................................................... 0.1
Almond, hulls.............................................. 55.0
Bean, dry, seed............................................ 0.2
Cattle, fat................................................ 0.1
Cattle, meat............................................... 0.1
Cattle, meat byproducts.................................... 0.1
Citrus, oil................................................ 30.0
Corn, field, forage........................................ 10.0
Corn, field, grain......................................... 0.1
Corn, field, stover........................................ 10.0
Corn, pop, grain........................................... 0.1
Corn, pop, stover.......................................... 10.0
Corn, sweet, forage........................................ 10.0
Corn, sweet, stover........................................ 10.0
Cotton, undelinted seed.................................... 0.1
Egg........................................................ 0.1
Goat, fat.................................................. 0.1
Goat, meat................................................. 0.1
Goat, meat byproducts...................................... 0.1
Grain, aspirated fractions................................. 0.4
Grape...................................................... 10.0
Grapefruit................................................. 5.0
Hog, fat................................................... 0.1
Hog, meat.................................................. 0.1
Hog, meat byproducts....................................... 0.1
Hop, dried cones........................................... 100.0
Horse, fat................................................. 0.1
Horse, meat................................................ 0.1
Horse, meat byproducts..................................... 0.1
Lemon...................................................... 5.0
Milk, fat (0.08 ppm in milk)............................... 2.0
Nectarine.................................................. 4.0
Orange..................................................... 10.0
Peanut..................................................... 0.1
Peppermint, tops........................................... 50.0
Poultry, fat............................................... 0.1
Potato..................................................... 0.1
Sheep, fat................................................. 0.1
Sheep, meat................................................ 0.1
Sheep, meat byproducts..................................... 0.1
Sorghum, grain, forage..................................... 10.0
Sorghum, grain, grain...................................... 5.0
Sorghum, grain, stover..................................... 10.0
Spearmint, tops............................................ 50.0
Tea, dried................................................. 10.0
Walnut..................................................... 0.1
------------------------------------------------------------------------

* * * * *

Sec. 180.262 [Amended]

0
15. Section 180.262 is amended by removing the entries for peanut and
peanut, hay from the table in paragraph (a).

Sec. 180.269 [Amended]

0
16. Section 180.269 is amended by removing the entries for sugarcane,
forage and sugarcane, stover from the table in paragraph (a).

0
17. Section 180.303 is revised to read as follows:

Sec. 180.303 Oxamyl; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the insecticide oxamyl, methyl N,N-dimethyl-N-[(methylcarbamoyl)-
oxy]-1-thiooxamimidate, and its oxime metabolite methyl N,N-dimethyl-N-
hydroxy-1-thiooxamimidate calculated as oxamyl in or on the following
food commodities:

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]

0
18. Section 180.331 is revised to read as follows:

Sec. 180.331 4-(2,4-Dichlorophenoxy) butyric acid; tolerances for
residues.

(a) General. Tolerances are established for residues of the
herbicide 4-(2,4-dichlorophenoxy) butyric acid (2,4-DB), both free and
conjugated, determined as the acid, in or on food commodities, as
follows:

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]

0
19. Section 180.370 is amended by alphabetically adding an entry for
the commodity peanut, hay to the table in paragraph (a), to read as
follows:

Sec. 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole;
tolerances for residues.

(a) * * *

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Peanut, hay................................................ 0.1
* * * * *
------------------------------------------------------------------------

* * * * *

0
20. Section 180.372 is revised to read as follows:

[[Page 54962]]

Sec. 180.372 2,6-Dimethyl-4-tridecylmorpholine; tolerances for
residues.

(a) General. A tolerance is established for residues of the
fungicide 2,6-dimethyl-4-tridecylmorpholine in or on the following food
commodity:

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Banana\1\.................................................. 1.0
------------------------------------------------------------------------
\1\ There are no U.S. registrations.

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]

Sec. 180.381 [Amended]

0
21. Section 180.381 is amended by removing the entry for corn, pop,
grain from the table in paragraph (a).

0
22. Section 180.406 is amended by revising the table in paragraph (a)
to read as follows:

Sec. 180.406 Dimethipin; tolerances for residues.

(a) * * *

* * * * *

0
23. Section 180.410 is revised to read as follows:

Sec. 180.410 Triadimefon; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the fungicide triadimefon, 1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-
1,2,4-triazol-1-yl)-2-butanone, and triadimenol, [beta]-(4-
chlorophenoxy)-[alpha]-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-ethanol,
expressed as triadimefon, in or on the following food commodities:

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec. 180.1(m), are established
for the combined residues of the fungicide triadimefon, 1-(4-
chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone, and
triadimenol, [beta]-(4-chlorophenoxy)-[alpha]-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol, expressed as triadimefon, in or on the
following food commodities:

(d) Indirect or inadvertent residues. [Reserved]

0
24. Section 180.450 is revised to read as follows:

Sec. 180.450 Beta-(4-Chlorophenoxy)-alpha-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol; tolerances for residues.

(a) General. Tolerances are established for the combined residues
of the fungicide [beta]-(4-chlorophenoxy)-[alpha]-(1,1-dimethylethyl)-
1H-1,2,4-triazole-1-ethanol (triadimenol) and its butanediol
metabolite, 4-(4-chlorophenoxy)-2,2-dimethyl-4-(1H-1,2,4-triazol-l-yl)-
1,3-butanediol, calculated as triadimenol, in or on the following
commodities:

[[Page 54963]]

Wheat, straw............................................... 0.2
------------------------------------------------------------------------
\1\ There are no U.S. registrations for banana (whole) as of September
22, 1993.

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]

0
25. Section 180.491 is amended by revising the tables in paragraphs
(a)(1) and (a)(2) to read as follows:

Sec. 180.491 Propylene oxide; tolerances for residues.

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

(2) * * *

* * * * *

0
26. Section 180.523 is revised to read as follows:

Sec. 180.523 Metaldehyde; tolerances for residues.

(a) General. Tolerances are established for residues of the
molluscicide metaldehyde in or on food commodities, as follows:

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]

0
27. Section 180.540 is revised to read as follows:

Sec. 180.540 Fenitrothion; tolerances for residues.

(a) General. Tolerances are established for residues of the
insecticide fenitrothion, O,O-dimethyl O-(4-nitro-m-tolyl)
phosphorothioate, from the postharvest application of the insecticide
to stored wheat in Australia, in or on the following food commodity:

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Wheat, gluten\1\........................................... 3.0
------------------------------------------------------------------------
\1\ There are no U.S. registrations on food commodities since 1987.

(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. E8-22078 Filed 9-23-08; 8:45 am]

BILLING CODE 6560-50-S