[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]]
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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.
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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: http://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 http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://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:
[email protected].
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 http://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
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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 http://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
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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 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